Property
What are the four unities needed to create a Joint Tenancy?
(a) Identical Interests
(b) At the same time
(c) By the same instrument
(d) with the same right to possession
How does a person change their domicile?
(a) Physical Presence
(b) Intent to make new place domicile for foreseeable future
What elements must be met for an organization to have 3r party standing to file a lawsuit on behalf of their members?
(a) members have standing
(b) organization's suit is related to an issue germane to the organizations purpose
(c) it is not necessary that members be a party to the case
What are the elements of False Imprisonment?
An act or omission on the party of the defendant that confines or restrains plaintiff in a bounded area
What is the "Parol Evidence Rule"? and what are the exceptions to the Parol Evidence Rule?
PER excludes evidence of prior or contemporaneous agreements that contradict, very, or add to a final writing.
Exceptions: (a) partial integration, (b) defense against formation, (c) interpretation of an ambiguous term, (d) subsequent modification, (e) correct clerical error, and (f) show conditions
What is required to create a Tenancy in Entirety?
(a) Right of Survivorship
(b) Created only b/w married persons
(bonus: Many states presume any conveyance to married partners is TIE, unless grant says otherwise)
What is the process of removing a case to federal court?
(a) File a notice of removal in federal court
(b) serve a copy of the notice on the plaintiff
(c) file a copy with the state court
What are political questions a federal court cannot hear?
(a) Republican form of government clause
(b) Challenges to POTUS conduct of foreign policy
(c) Challenges to the impeachment and removal process
(d) challenges to partisan gerrymandering
What are the elements of IIED?
Intentionally or recklessly acting in an extreme and outrageous conduct with the intent to cause ED that causes plaintiff severe ED.
What is the proper order of sequence to determine the terms of a contract of (a) Usage of trade, (b) Course of performance, (c) express terms, and (d) Course of dealing
Express terms, course of performance, course of dealing, and usage of trade
How is a Tenancy at Sufferance created?
How is a Tenancy at Sufferance terminated?
(a) Tenant stays past expiration of their lease
(b) Evicts tenant; holds tenant to new tenancy; and no notice required
What is the "Fall Back Provision" to determine Venue?
If residential venue nor transactional venue do not create proper venue then proper venue is anywhere in the US where a court has PJ over a single defendant.
Generally, sovereign immunity bars suits against States in state court by citizens or federal agencies, unless . . .
(a) State waives immunity
(b) congressional authorization through section 4 of the 14th amendment
(c) federal government sues
(d) bankruptcy and power to raise army and navy
What are the elements for IIED based on injuries to 3rd persons?
(a) Plaintiff was present when injury occurred
(b) distress resulted in bodily harm or injured party is a close relative
(c) defendant knew of these facts
An anticipatory repudiation is an early statement of nonperformance by one party to another, but can only exist in this type of contract.
Bilateral contracts with unperformed duties on both sides
(also has to be unequivocal)
If a lease explicitly prohibits an assignment, may a tenant sublease their property?
yes, provisions against assignments and subleases are strictly construed
If the defendant first response is an answer and they amend there answer within the appropriate 21 day window.
What crime cannot POTUS pardon?
Crime of Impeachment
What are the elements of private nuisance?
Substantial and unreasonable interference in plaintiff's use and enjoyment of their property
When a is a mutual recession of a contract valid?
(a) Express agreement b/w two parties to rescind the contract
(b) Supported by Consideration
(c) Obligations for both parties must still exist
What are the issues that may come up if the bar asks what rights and duties does a co-owner owes to another co-owner of property?
(a) Possession
(b) Rent and Profits
(c) Adverse Possession
(d) Carrying Cost
(e) Repairs
(f) Improvements
(g) Waste
(e) Partition
When is "intervention" valid?
(a) Right: When a 3rd parties interest will be harmed and is not represented in the lawsuit.
(b) Permissive: One common question of law or fact
What is the Anti-Commandeering principle?
What are the theories a person may bring a product liability under?
(a) Strict Liability
(b) Negligence
(c) Intentional
(d) Breach of implied warranties
(e) Representation
Accord and Satisfaction?
"Accord" is an agreement that is supported by consideration where one party accepts different performance than originally agreed.
"Satisfaction" accord satisfied