Property
These are the exceptions to the right to use
Nuisance and Spite Fence Doctrine
These allow courts to reach beyond their own borders
Long arm statutes
This doctrine states that actions are right if they are useful or for the benefit of a majority
Utilitarianism
26(a)(1)
Initial Disclosures
20(a)
Permissive joinder of parties
This is when 2 or more successive occupants may be added together to meet the statutory period for adverse possession
Tacking
The judge will look at the disputed evidence this way when dealing with a summary judgment motion
A light most favorable to the nonmoving party
These are the legal duties to act
Special relationships, statute, creation of peril, assumption of care, contract
26(b)
Privilege
15(a)
Freely amend once within 21 days
This occurs when there is a Severance of title to land held in common ownership. There is a necessity for the easement at the time of severance and the owner lacks "reasonably practical access"
Easement by necessity
when does the defendant have the burden of proof
affirmative defenses and counterclaims
These are the five types of self-defense
homicidal self-defense, non-homicidal self-defense, defense of others, defense of property, defense of habitation
subpoenas
59
Judges undoing verdicts
This is a promise that the grantor will defend the grantee against any claim of superior title
What must a complaint contain
A short and plain statement of the claim, relief sought, a jurisdictional requirement
This occurs when there is a killing during the commission of certain felonies, regardless of intent to kill
24(b)
Permissive Intervention
13
Compulsory counterclaim
These are the 3 present and future covenants
Present: seisin, right to convey, against encumbrances
Future: warranty, quiet enjoyment, further assurances
if defendant loses a pre-answer motion they will have at least this long to answer
14 days
This violation doesn't require mens rea
strict liability offense
demurrer
18
A single plaintiff can join any and all claims he has against a single defendant