Constitutional Law
The Commerce Clause grants Congress the authority to regulate (1) the channels of interstate commerce; (2) the people and instrumentalities that work and travel in interstate commerce; and (3) these activities.
What are economic or commercial activities that have a substantial aggregate effect on interstate commerce?
This crime is the malicious burning of a dwelling of another.
What is arson?
This kind of person / entity takes real property without notice of a prior conveyance and pays valuable consideration.
What is a bona fide purchaser?
Contracts that lack consideration may be enforced to avoid injustice under this doctrine.
What is promissory estoppel?
Under this doctrine, Congress CANNOT delegate powers it does not have (i.e. executive or judicial powers) to itself or its officers.
What is the non-delegation doctrine?
This crime is an intentional killing of a person with adequate provocation.
What is voluntary manslaughter?
This allows someone in possession of land owned by another to acquired title to that land when the possession of the property is: (1) continuous for the statutory period; (2) open and notorious; (3) exclusive; (4) actual; and (5) hostile and under a claim of right.
What is adverse possession?
This occurs when one party (1) knowingly, (2) makes a false representation, (3) of a fact, and (4) the other party reasonably relies on it to their detriment.
What is fraudulent misrepresentation?
Under this inferred legal doctrine, state and local governments CANNOT pass laws that: (1) discriminate against out-of-state commerce; OR (2) place an undue burden on interstate commerce.
What is the Negative or Dormant Commerce Clause?
This person is one who aids, abets, or facilitates the commission of a crime and has the dual intent to assist the primary party and to see the crime committed.
What is an accomplice?
This is an item that has been affixed to the land / dwelling so that it is no longer personal property, but instead becomes part of the land.
What is a fixture?
This occurs where a contract contains terms that are obviously unfair or one-sided in favor of the party with superior bargaining power, and where the contract or term shocks the conscience of the court.
What is unconscionability?
Under this Amendment, all powers NOT granted to the Federal government are reserved to the States.
What is the 10th Amendment?
A mistake of this, or not knowing the activity was illegal is generally NOT a defense to a crime.
What is mistake of law?
This is an exception to a zoning ordinance, and may be granted where the property owner shows she will suffer hardship because of the ordinance.
What is a variance?
Under this rule, a party CANNOT introduce evidence of a prior or contemporaneous agreement that contradicts a later writing.
What is the Parol Evidence Rule?
Under this clause of the Fifth Amendment, the government may take private property for public use if it provides just compensation.
What is the Takings Clause?
A defense of insanity can be made successfully under this test where the defendant can show his mental disease resulted in his inability to know the wrongfulness of his conduct or unable to understand the nature and quality of his acts.
What is the M'Naughten Test?
Once a contract for the sale of land is signed, this doctrine splits ownership between the buyer and the seller. The buyer has equitable title, while the seller has legal title.
What is the doctrine of equitable conversion?
This implied warranty is implied in all sale of goods contracts and requires that all goods sold by a merchant must be fit for their ordinary purpose.
What is the implied warranty of merchantability?