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Mortgaging the Land...
Law and Order (Crim Law)
Tackling Torts
My Country Tis Of Thee…Con Law
Potent Potpourri
100
The future interest in O is Possibility of Reverter…(Think Orville Redenbacker) And happens bc of the happening of event… "To A for so long as he practices law"
What is Fee simple determinable. The Present interest in A is Fee simple determinable and the Future interest in O is Possibility of Reverter
100
SAC FA BEFFLER Specific Intent Crimes (What are they and what can negate them)
What is Solicitation Attempt Conspiracy First Degree Murder Assault - intent to commit a battery or with the intent to creation a reasonable apprehension in another of the threat of serious bodily harm Burglary Embezzlement Forgery False Pretense Larceny Robbery Unreasonable or reasonable mistake may negate them and voluntary intoxication can negate first degree murder and reduce it to second degree murder
100
Two types of assault
What is 1) A missed battery 2) D acts intending to place P in imminent apprehension of harmful of offensive contact and such apprehension results
100
What are the elements to group standing
What is Must be an injury in fact to the members of the group, the members' injuries must be related to the groups purpose, the nature of the claim/relief sought DOES NOT require individual participation.
100
Subsequent remedial measures
What is In admissible to prove negligence, design defect, or the need of a warning - can be used to prove ownership
200
The 4 unities required to make Joint Tenancy and Tenancy by the Entirety
What is TTIP - Time, Title, Interest, and Possession Time - the JT take their interest at the same time Title - JT must receive their conveyance through the same instrument Interest - JT must take their equal and identical interest Possession - JT must have equal possessory rights. IN MA for TBE the creation of TBE must be express statement to create it, otherwise it is a TIC.
200
Model penal code definition of Murder with the 4 mental states
What is the killing of another human being with malice aforethought Intent to commit a felony Intent to Kill Intent to commit serious bodily injury Reckless indifference to an unjustifiable high risk to human life or depraved heart murder
200
False imprisonment and Shopkeepers Privilege (Elements)
What is FI - D acts intending to confine or restrain P, within a bounded area or certain fixed boundary, P has no reasonable means of escape, P is aware of confinement or will be physically harmed, time of constraint is not relevant NOTE: Humiliation is a claim under this Shopkeepers privilege Shopkeepers are privileged to detain someone, reasonably suspected of shoplifting (reas suspicion something has been stolen), for as long as read necessary, to investigate whether a theft has occurred. AND may only use read force necessary to detain.
200
Dormant Commerce Clause
What is State regulation that may affect interstate commerce. Ask - Is there a fed law that authorizes the state's regulation? (if yes, valid) OR is there a fed law that supersedes or preempts the state regulation? If yes - invalid.
200
Tenenacy in Common
What is Own an undivided separate interest and distinct and share and are entitled to possess the whole. No right of survivorship
300
PING (the Types of Easements) what an easement is and how they are created DAILY DOUBLE
What is Prescription, Implication, Necessity, Grant An Easement is the non possessory property interest that confers a right to use another's land. Appurtenant - IT TAKES TWO In Gross - Personal to that person unless it is commercial Prescription - COAH - continuous for the statutory period, Open and Notorious - owner knows or should know of the use, Actual - you actually use it and it need not be exclusive use, and Hostile - without the owner's permission Implication - based on prior use by a common grantor in land subsequently divided into multiple lots. Easement exists prior to division of single tract of land, common grantor's use is continuous and apparent, use is reasonably necessary for the enjoyment of the dominant tenement, parties intended the use to continue after division of land. Necessity - arises if access to or from property is impossible without an easement - usually arises when landowner sells a portion of land and deprives lot owner of access to public road or utility NOTE - owner can pick location of easement. and it expires when no longer necessary Grant - easement expressly created by grant or reservation. Writing, signed by servient estate holder. satisfies deed formalities (lawfully executed and delivered)
300
D did not know that his acts would be wrong; or D did not understand the nature and quality of his actions.
What is McNaughten Test for Insanity (default on MBE)
300
Difference between trespass to land and nuisance
What is TTL - D acts intentionally to enter the land of another or causes and inanimate object to enter the land of another Nuisance - is the substantial and unreasonable interference with P's use and enjoyment of the land.
300
CAMPPERS - Fundametal rights of privacy
What is Contraceptives Abortion (undue burden test) Marriage Procreation Parental Rights Education Family Relations (right to live with) Sexual conduct in a private setting
300
Res ipsa loquitur
What is The accident (causing the injury) would NOT normally occur unless someone was negligent; and the negligence is attributable to D - proven by exclusive control P to prove he was not at fault.
400
To Burden Covenant to Run with the Land, you must go...
What is WITHN Writing - original covenant was in writing Intent - parties intended to bind successors in interest Touches and Concerns the Land - covenant must affect the parties legal relation as land owners Horizontal privity and vertical privity must exist between interest parties
400
Conspiracy Elements and Defense And Liability
What is Elements - Agreement between two or more people with the intent to to commit a crime and an overt act in furtherance of that conspiracy (need only be predatory) Specific intent to agree and intent to achieve an unlawful purpose or objective of the agreement. Defense - withdrawal, however you may not withdraw from the conspiracy, only the future acts committed in furtherance of the crime and must be foreseeable To withdraw D must provide notice to all members of the conspiracy in time for the members to abandon their plan.
400
Children Standard - Negligence
What is Children are held to a standard f a child of like age, education, intelligence, and experience. This is SUBJECTIVE. Child under 4 is usually without capacity to be negligent. BUT - If child is engaged in adult activity, the child's conduct may be evaluated under the adult standard.
400
Public Forums
What is content neutral narrowly tailored to serve an important (significant) govt interest. leave open alternative channels of communication
400
Termination of Easements - CU REAP
What is Condemnation unity of ownership (MERGER) release estoppel (reasonable reliance and shane of position by servant tenement) abandonment - MUST be an intentional act, not non-use prescription
500
Holder in Due Course and Bone Fide Purchaser Benefits and Elements
What is Holder in due course - takes a mortgage note free of any personal defenses the mortgagor could have raised against the original mortgagee (lack of consideration and fraud)- but still subject to real defenses (MAD FIFI4, Material alteration, duress, fraud in the factum, incapacity, illegality, infancy insolvency) Requirements - the note must be negotiable-made payable to mortgagee, endorsed and signed by named mortgagee, delivered to transferee, good faith and value paid - transferee must take in good faith without notice of illegality and pay value BFP - purchases property for value and without notice of prior conveyance.
500
Accomplice Liability - elements
What is An accomplice is one who intends for that the crime be committed and aids, counsels, or encourages the principal before or during the crime. Simply knowledge of the crime might take place is not enough to be held responsible as an accomplice.
500
Duties owed to an Invitee
What is the duty to warn of KNOWN dangerous conditions (natural or artificial) that the invitee is unlikely to discover. AND to make reasonable inspections to discover non obvious dangerous conditional and make them safe - DW + DIMS
500
Defamation of a famous person
What is A defamatory statement about the P or concerning the P Published to a third person that (publication must be made to someone other than the P) Damages P's reputation P must prove the statement was false fault on the D - prove the D made the statement knowing it was false or with malice (malice made with reckless disregard)
500
General warranty Deed covenents
What is Seisen - you have what you purport to have right to convey - authority to grant encumbrances - no encumbrances quiet enjoyment - possession won't be disturbed warranty - grantee to pay for loss or judicially support further assurances - grantor will do what is necessary to perfect