Property II
This is possession for no definite length of time, and either party can terminate the lease at any time.
What is tenancy at will?
This is an imprecise phrase at common law that is effectively equivalent to intent.
Who are the Shareholders?
This is purpose or knowledge with substantial certainty.
what is Intent
This type of possession is for a fixed period of time agreed upon by the parties.
What is a tenancy for years or an estate for years
General Intent.
What is the intent to commit the actus reus of the crime itself
In order to retain their limited liability a limited partner must do this.
The definition of criminal negligence.
What is a failure to perceive a substantial and unjustifiable risk so as to be a gross deviation from the reasonable person standard.
Tenancy at sufferance
What is an estate that only results when a tenant under another type of lease holds over. Possession is for no definite length of time.
This is a failure to perceive a substantial and unjustifiable risk so as to be a gross deviation from the reasonable person standard.
What is criminal negligence.
This individual is required and retained by a corporation as the individual who can be served process within the state.
Who is a registered agent?
These are the obligations of a tenant.
1. pay rent, 2. avoid waste
Periodic Estate
What is possession for a fixed period of time, which repeats unless a party terminates the lease by giving notice.
This can mean either recklessness or extreme engligence.
What is gross negligence.
A limited partnership must have at least one of these who is subject to unlimited liability.
Who is a General Partner?
1. Voluntary Waste (a volitional act by tenant), 2. Permissive Waste (occurs when a tenant fails to act reasonably in guarding against damage to property and property suffers damage, and 3. Ameliorative Waste (involves a tenant improving rented property)
This is implied in all leases
The covenant of quiet enjoyment.
The difference between Civil Negligence and Criminal Negligence.
What is a gross deviation from a reasonable person and simply a deviation from a reasonable person.
__________ are immune from personal _________ for corporate debts and torts beyond the amount of their agreed investments in the corporations Stock.
Who are Shareholders, and what is liability.
Actual Eviction
This occurs when the landlord or someone acting on behalf of the landlord physically evicts the tenant or prevents the tenant from entering.
This imposes a duty on the tenant not to act so as to permanently damage the land or improve upon it to the determinant of the reversion (or when it reverts back to the landlord)
What is the doctrine of waste
Specific Intent.
What is some intent beyond the intent to commit the actus reus itself.
These two types of entities provide both limited liability and pass through taxation
Doctrine of Ameliorating Waste
A permanent harm to the freehold that increases the land's value is not actionable, though technically constitutes waste.
What is a desire, wish, goal or conscious object.
These two types of organizations are generally the best options for start ups because the owners will have the protection of limited liability but will not be subject to the burdens of formalities that are necessary to establish and maintain a corporate form.
What are a limited liability company and a limited liability partnership.
An actor does something that essentially evicts the tenant, but tenant has to actually move out for tenant to have a claim.
What is constructive eviction
Interference of the covenant of quiet enjoyment by these types of persons typically does not constitute a breach of the covenant by the landlord.
Who are 3rd persons.
This is awareness with practical certainty that the result will occur.
What is knowledge.
The limitation of S corporations.
What is the pool of investors are limited to under 100 people.
A tenant has ___ ______ to take possession of the premises or to make any particular use of them, absent contrary agreement.
What is no duty.
These are the MPC mental states in descending order of subjectivity.
1. purpose, 2. knowledge, 3. recklessness, 4. negligence.
Three example phrases or words establishing mens rea in a statute.
One of the following:
maliciously
fraudulently
feloniously
willfully
corruptly
within intent to
A rule by which a landlord cannot collect rent while a partial actual eviction continues even if the interference with tenants possession is very small.
What is the "one inch" rule.
Recklessness is a _________ __________ of a substnatial and _________ risk so as to be a _____ deviation from the law abiding person standard.
conscious, disregard, unjustifiable, gross
These are the seven non tax advantages of a corporation.
1. Exemption of shareholders from personal liability
2. Continuity of the organizations existence despite changes in its members
3. Centralized management by board of directors
4. Free transferability of a participants interest
5. Access of the business to additional capital
6. Corporation as a separate legal person
7. Standardized methods of organization management, and finance prescribed by corporate statutes for the protection of shareholders and creditors.
This doctrine applies when because of some wrongful act or omission by the landlord, the premises becomes uninhabitable for the intended purposes. The Tenant is not physically evicted or excluded but might as well be.
What is the Doctrine of Constructive Eviction
This is equivalent to intent or recklessness
What is malice.
This doctrine allows those who may be injured by a corporation to hold shareholders personally liable when they otherwise do not have liability.
What is known as piercing the corporate veil.
These are the four basic disputes.
1. Rent, 2. condition of the premises, 3. possession, 4. improvements
Willful blindness or conscious purpose
What is when a party has his suspicion aroused but then deliberately omits to make further inquiries, because he wishes to remain ignorant, he is deemed to have knowledge
Criminal, Constructive, General, Specific
What are four types of Intent