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41 Cards in this Set
- Front
- Back
- 3rd side (hint)
EVIDENCE
In Criminal Case, specific instances of D’s bad acts admissible for anything other than character |
Specific instances of D’s bad acts admissible for anything other than character!
MIMIC 1) M Motive 2) I Intent 3) M Mistake (absence of mistake) 4) I Identity (modus aparendi or “signature” crime) Requires similarity & uniqueness. 5) C Common plan or Scheme Still, legal relevance. Court has discretion to exclude for unfair prejudice! Always analyze balancing test! |
MIMIC
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CONTRACTS
Armadillos From Texas Play Rap Eating Tacos? |
Contracts:
Applicable law Formation Terms Performance Remedies for breach Excuses for non performance Third parties |
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REAL PROPERTY
Fee Simple Determinable: future interest? |
Frank Sinatra Didn’t Prefer Orville Redenbacher
Fee Simple Determinable Possibility of Reverter They always go together! Upon a stated event, the land reverts to the grantor. Requires clear durational language. If stated condition occurs, forfeiture is automatic 1) To A so long as 2) To A until 3) To A while Distinguish FS subject to Executory Termination (Shifting, springing) Future Interest in 3d party. |
Frank Sinatra Didn’t Prefer Orville Redenbacher
FSDPOR |
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REAL PROPERTY
Defenses to WASTE of natural resources |
PURGE
Doctrine of Waste w/r/t natural resources: life tenant can’t consume or exploit Exceptions: PURGE 1) Prior Use, prior to grant resourses were exploited. Life tenant may continue to exploit (a) Open mines. Life T can mine, but limited to already opened mines 2) R Reasonable repairs. Life T can consume resources for reasonable repairs & maintenance 3) G Grant life tenant may exploit if expressly granted the right. 4) E Exploitation. If land suitable only for exploitation. I.e. life tenant on quarry |
PURGE
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CIVIL PROCEDURE
What is the basic Constitutional Analysis of In personam jurisdiction? |
My Parents Frequently Forgot to Read Children's Stories
- MINIMUM Contacts: PURPOSEFUL availment + FORESEEABILITY - FAIRNESS: RELATEDNESS + CONVENIENCE + STATE'S interest |
My Parents Frequently Forgot to Read Children's Stories
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CIVIL PROCEDURE
Trad Basis Jxn |
Can Do People
1) Jxn Traditional Basis—consent, domicile or presence. (Can Do People) |
Can Do People
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CON LAW
Establishment Clz - Lemon Test |
SEX
1) SECULAR purpose required 2) EFFECT must be neither to advance nor inhibit religion (a) Government can’t symbolically endorse religion or a particular religion. Nativity scenes must be accompanied by other religious and secular symbols 3) EXCESSIVE ENTANGLEMENT w religion prohibited (a) Government can’t directly pay teacher @ parochial schools Law unconstitutional if it fails any part of the test |
SEX
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REMEDIES
Injunctions |
I'll Put Five Bucks Down
Injunctions 1) INADEQUATE legal remedies 2) PROPERTY right or protectable interest 3) FEASIBILITY of enforcement 4) BALANCE hardship—award damages 4) DEFENSES: laches, unclean hands, impossibility |
I'll Put Five Bucks Down
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REMEDIES
Specific... Performance? |
Cha Cha Is My Favorite Dance!
Specific Performance requires 1) Contract validity 2) Conditions in K for P are satisfied 3) Inadequate legal remedy 4) Mutuality of remedies 5) Feasibility of enforcement 6) Defenses |
Cha Cha Is My Favorite Dance!
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CORPORATIONS
What are the Basic Formation Requirements for De Jure Corporate Status? |
Articles must include: (A PAIN)
(a) AUTHORIZED SHARES (maximum number of shares the corporation is authroized to issue.); (b) PURPOSE; (c) AGENT and address of registered office (the agent is corps. official legal rep) (d) INCORPORATORS; and (e) NAME of corporation (must contain some indicia of corporate status, e.g Inc.). |
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REMEDIES
Remedy of Rescission Requires |
Good Dog
Rescission requires 1) Grounds for rescission: mistake, misrep 2) Defenses unavail |
Good Dog
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REMEDIES
Remedy of Reformation? |
Very Good Dog
Reformation requires 1) Valid K 2) Grounds for reformation: Mistake (unilateral only if other KNEW); misrepresentation 3) Defenses unavail. |
Very Good Dog
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REAL PROPERTY
Constructive Eviction |
SING!
Constructive eviction constitutes breach of the implied covenant of quiet enjoyment Constructive eviction SING S I SUBSTANTIAL INTERFERENCE—attributable to Ls action or failure to act. Substantial Interference is chronic or recurring. Every time it rains... N NOTICE—T must give L notice and L must fail to act meaningfully. G GOODBYE or Get Out. T must vacate within reasonable time after L fails to fix. N.B., L is not liable for bothersome conduct of other tenants but, L has duty not to permit nuisance on premises. N.B L must control common areas. |
SING!
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PROF RESP
Duties to clients & courts |
Clients love fierce counsel: courts feel differently
Duty to Client/Duty to Court Confidentiality Loyalty Fiduciary responsibilities Competence Candor Fairness Dignity (& other reasonable things) |
Clients love fierce counsel: courts feel differently
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REAL PROPERTY
Adverse Possession: |
COAH
Adverse Possession Continuous Open (& notorious) Actual Possession Hostile |
COAH
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REAL PROPERTY
Creation of Easement |
PING
Grant of non-possessory interest entitles holder to the use/enjoyment of another’s land, called the servient land Creation of an easement may be accomplished either by: PRESCRIPTION (adverse possession) IMPLICATION: lots are divided sold w/out mention of existing easement NECESSITY: no way out GRANT (expressed in writing) |
PING
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TORTS
Intentional Torts |
ABC FITT
Intentional Torts A - Assault B - Battery C - Conversion F - False Imprisonment I - IIED T - Trespass to Land T - Trespass to Chattel |
ABC FITT
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CONTRACTS
Statute of Frauds |
MY LEGS
Statute of Frauds Marriage, contemplation of, Year, scope of, can't be performed in, Land, interest in Estate admin promises to pay decedents debts personally Goods, $500 or more Surety--guaranty of the debt of another. |
MY LEGS
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CONTRACTS
Unenforceable Contract |
SUM FIG
Unenforceable Contract: Statute of Frauds Unconscionability Mistake, Mutual (Raffles v. Wichelhaus) Formation--Offer, acceptance, consideration Incapacity--minor, drunk, insane Gangster--Fraud, duress, illegality |
SUM FIG
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REAL PROPERTY
Termination of an easement |
END CRAMP
Termination of an easement END CRAMP (a) E Estoppel. Servient owner materially changes his position in reasonable reliance on easement holder’s assurances that the easement won’t be enforced. (b) N Necessity. Easements created by necessity expire as soon as the necessity ends. (c) D Destruction. Destruction of the servient land other than by willful conduct of servient owner (d) C Condemnation eminent domain will end the easement. (e) R Release. Written release by easement holder (f) A Abandonment. Easement holder shows by physical conduct the intent never to use the easement again. I.e. dominant tenant puts up a fence. Mere words insufficient. (g) M Merger or unity of ownership where title to easement and title to servient land are vested in same owner. Later separation of the joined land does not automatically revive (h) P Prescription servient owner may extinguish the easement by interfering by adverse possession |
END CRAMP
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CON LAW
Justiciability Issues |
RAMPSE
Ripeness Abstention Mootness Political Question Standing Eleventh Amendment |
RAMPSE
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CON LAW
Standing |
Public Defenders in CA Rule!
1. PERSONAL AND DIRECT INJURY 2. CAUSATION 3. REDRESSABILITY |
Public Defenders in CA Rule!
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CON LAW
Congressional Police Power |
MILD police power over:
- Military - Indian Reservations - Federal lands and territories - District of Columbia |
MILD
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REAL PROPERTY
Formation of Joint Tenancy |
TTIP - The Four Unities
- Take at same TIME - Take TITLE by same instrument - IDENTICAL interests/shares - right to POSSESS the whole |
TTIP
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REAL PROPERTY
LL options if T abandons |
SIR
- Surrender - Ignore (MIN only) - Re-let |
SIR
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REAL PROPERTY
Ts options for breach of implied warranty of habitability |
MR3
- Move - Repair - Reduce rent - Remain in possession and sue |
MR3
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REAL PROPERTY
Exceptions to Common Law Caveat Lessee |
CLAPS
- Common Areas - Latent Defects - Assumption of Repairs - Public use rule - Short term lease |
CLAPS
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REAL PROPERTY
What are the recognized categories of Negative Easements? |
LASS
(1) Light (2) Air (3) Support (4) Streamwater from an artificial flow, and in some MINOR jurisdictions, (5) Scenic View |
LASS
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REAL PROPERTY
How can an Easement be terminated by Prescription? |
The SERVIENT owner may extinguish the easement by interfering with it in accordance with elements of adverse possession:
COAH (1) Continuous, (2) Open and notorious, (3) Actual use of the easement, (4) Hostile interference to the easement holder |
COAH
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REAL PROPERTY
What are the requirements for the BURDEN on a covenant to run with the parcel to a successor? |
Elements needed for burden to run:
WITHN or "i NV the WITCH who has a burden on my property" (1) WRITING: Original promise between neighbors must be in writing (2) INTENT: Original parties must have intended that covenant run (3) TOUCH AND CONCERN THE LAND: Promise must affect parties' legal relations as landowners and not simply as members of a community at large (4) HORIZONTAL AND VERTICAL PRIVITY are BOTH needed (5) NOTICE: Transferee of burdened land must have had notice of the promise when she took |
WITHN
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REAL PROPERTY
What are the requirements for the BENEFIT on a covenant to run with the parcel to a successor? |
Elements needed for the benefit to run:
WITV (1) WRITING: Original promise from burdened party to benefiting party must have been in writing (2) INTENT: Original parties intended that benefit would run (3) TOUCH AND CONCERN: The promise affects the parties as landowners (4) VERTICAL PRIVITY ONLY: some non-hostile nexus b/n original owner of benefiting land and transferee |
WITV
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REAL PROPERTY
What is required for an Equitable Servitude to bind a successor? |
WITNES:
(1) WRITING: Original promise was in writing (2) INTENT: Original parties intended that promise would be enforceable by and against assignees (3) TOUCH AND CONCERN THE LAND: Promise affects the parties as landowners (4) NOTICE: Assignees of the burdened land had notice of the promise ES= EQUITABLE SERVITUDE PRIVITY IS NOT REQUIRED TO BIND SUCCESSORS! Privity is an at law element |
WITN(es)
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REAL PROPERTY
What are the forms of Notice that can be imputed to a defendant lotholder in an Implied Equitable Servitude case? |
AIR:
(1) ACTUAL NOTICE: Defendant had literal knowledge of the promises in the prior deeds (2) INQUIRY NOTICE: Form of constructive notice. There is notice if the rest of the neighborhood conforms to the common restriction (3) RECORD NOTICE: Form of constructive notice sometimes imputed to buyers on the basis of publicly recorded documents |
AIR
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REAL PROPERTY
What are the requirements to pass legal title? |
LEAD
(1) LAWFUL EXECUTION of a Deed AND (2) DELIVERY of Deed |
LEAD
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REAL PROPERTY
What types of notice exist? |
AIR
(1) ACTUAL (2) INQUIRY: Purchaser is deemed to be on inquiry notice of whatever an examination of the land would show - A buyer of real estate has the duty to inspect (i.e. to see if anyone else was in possession) (3) RECORD: there is record notice if at the time a purchaser takes, a prior purchaser's deed was properly recorded within the chain of title |
AIR
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REAL PROPERTY
What defenses is a holder in due course still subject to? |
Real defenses: MAD FIFI4
- Material Alteration - Duress - Fraud in the Factum - lie about the instrument - Incapacity - Illegality - Infancy - Insolvency |
MAD FIFI4
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REAL PROPERTY
Implied Covenants Lease |
H – Habitability
E – Quiet Enjoyment A – Assignability of the lease R – Good Repair (this covenant is made by commercial landlords) S – Minimal Security Precautions |
HEARS
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REAL PROPERTY
General Warranty Deed |
S – Covenant of Seisin.
E – Covenant against Encumbrances C – Covenant of the right to Convey F – Covenant of Further Assurances E – Covenant of Quiet Enjoyment W – Covenant of Warranty |
SEC FEW
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CIVIL PROCEDURE
Class Actions |
you CANT sue alone
COMMONALITY ADEQUATE and fair representation NUMEROSITY TYPICALITY |
you CANT sue alone
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CIVIL PROCEDURE
Res Judicata |
VOSS Water
- VALID final judgment - ON the merits - SAME parties - SAME claims - WAS actually litigated or could have been litigated |
VOSS Water
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CRIM LAW
Insanity Tests |
MAID
- M'Naughten - ALI Substantial Capacity - Irresistible Impulse - Durham product |
MAID
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