Property is Hoss-tile
What is the difference between mislaid property and treasure trove?
What is the difference between in rem jurisdiction and quasi-in rem jurisdiciton?
Whether the property is the basis of the suite being filed
There is no minimum requirement.
A bargained for legal detriment
Which tortious case invented and utilized the idea of "Proximate Cause?"
Palsgraf v Railroad. (Train station firework case)
What is arguably the most prized in the bundle of sticks related to property ownership?
The right to exclude
How did Shaffer v. Hietner affect the Pennoyer framework of jurisdiction?
Shaffer v. Hietner essentially overruled quasi in rem jurisdiction
Is custom a bar to liability in negligence claims? Why or why not?
No, it is one of many factors to be considered. Corporations can't make "customs" that will harm consumers and have immunity to do so.
What is the "mailbox" rule?
An offeree accepts an offer when the acceptance is mailed, not when the acceptance is received.
Which civil procedure case established the idea of "purposeful availment?"
Hansen v. Denckla (Pennsylvania defendant moves to florida while keeping a deleware trust)
In "Hossland" which form of concurrent interest requires very specific language to implement in a will or deed? What is an example of that language?
Joint tenancy, a and b as joint tenants.
What is an anchor claim?
A claim involving a federal question that allows a several state actions to enter into federal court.
What is negligence per se?
Negligence derived from the violation of a statute that is designed to protect a certain class of person.
Does the following statement constitute a counter offer:
"I accept your offer and I hope you can make weekly deliveries to my shop."
No. The acceptance is not conditioned on the weekly deliveries, thus, no counter offer.
Which property related case did Justice O'Connor give an important dissent, and what did that dissent say?
Kelo, there must be some harmful use of the land to justify the public use doctrine.
What is the difference between a taking and eminent domain?
Whether the government takes the title or just prohibits specific use.
Which form of jurisdiction do ancillary claims fall under?
Supplemental jurisdiction
Can a plaintiff in Indiana recover on comparative fault if the Plaintiff is 50% at fault?
Yes, some jurisdictions require a 51-49 comparative fault, but Indiana permits 50-50.
What is an officious intermeddler?
Someone who performs an action with the purpose of binding them into an unwanted contract.
Commonwealth v. Magadini gives us four elements required to use necessity as a defense against trespass. Can you name two of them?
1. Clear and eminent danger
2. Reasonable expectation the trespass will improve their situation
3. There is no other legal means of aid
4. The legislature has not outlawed such a defense
If land is devised to A for the life of B, what has been created?
Life estate pur autre vie
Which justice did Justice Ginsburg agree with on the outcome of Hanna?
Justice Harlan
What does it mean if defendants are "jointly and severally liable?"
The plaintiff can sue either/any defendant regardless of level of fault for the full amount of the suit.
What are the three types of contracts that Statute of Frauds generally cover?
Sale of Property, Prenuptial agreements, and any contract that can't be completed in one year.
What did the contract case PBR v. Autozone tell us about statute of limitations?
A contract that can be completed within one year is not subject to the statute of frauds.