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30 Cards in this Set
- Front
- Back
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5 types of law
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Statutory: law wrote by senators and representatives
Common: law made by courts Administrative: law made by organizations and administrative agencies Constitutional: made from US and state constitutions Criminal Law: |
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Venue Law
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location of lawsuit
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Jurisdiction
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the official power to make legal decisions and judgments
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Standing
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The legal right to initiate a lawsuit
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Burden of Proof
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Civil: 51%
Criminal case: Beyond Reasonable doubt. |
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Plantiff vs defendant
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Plaintiff: person who brings the case against another in a court of law
Defendant: person being sued or accused in court of law. |
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Appellant vs Appellee
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Appellant: a person who applies to a higher court for a reversal of the decision of a lower court
Appellee: the respondent in a case to a higher court |
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Three levels of Federal Court System
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Trial level: many types of court (bankruptcy, district, federal claims, other courts with specialized subject matter)
Appellate level: US court of appeals Supreme Court: where appeals from decisions in the Court of Appeals are taken. |
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Levels of State Court Systems
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Local courts (Magistrate)
Circuit courts (Trial) Intermediate appellate court State supreme court |
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Types of property
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Real: land or materials that are attached to land
Chattel: "personal property", movable goods. Intellectual: the ownership interest that a person or entity may have in creations of the human mind |
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Freehold vs. non-freehold estate
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Freehold: the exclusive right to the use and possession of real property for an indefinite period.
Non-Freehold: A nonfreehold estate is also known as a leasehold, which is a tenant's possessory estate in land or premises |
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Fee simple
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A permanent and absolute tenure of an estate in land with freedom to dispose of it at will
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Fee conditional (so long as)
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Is a reference to a future interest in real property.
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Life estate and remainder
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Life estate: designates the ownership of land for the duration of a person's life.
Remainder: is a person who inherits or is entitled to inherit property upon the termination of the estate of the former owner |
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Joint Tenants: All have 100%
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legal relationship when two or more people own property which is subject to titling (cars, real estate, bank accounts). Each joint tenant owns 100%
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Tenants in common
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Each owner is regarded by the law as owning separate and distinct shares of the same property
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Statute of frauds
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the requirement that certain kinds of contracts be memorialized in a signed writing with sufficient content to evidence the contract ex) marriage
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Formula for a "perfect transfer"
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Good document + delivery + recording document at the courthouse
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Deed
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A written instrument, which has been signed and delivered, by which one individual, the grantor, conveys title to real property to another individual, the grantee; a conveyance of land, tenements, or hereditaments, from one individual to another.
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Four types of deeds
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General Warranty Deed, <=Best type of deed
Special Warranty Deed, Bargain and Sale Deed, Quit Claim Deed |
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Deed of Trust
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deed wherein legal title in real property is transferred to a trustee, which holds it as security for a loan (debt) between a borrower and lender. The borrower is referred to as the trustor, while the lender is referred to as the beneficiary of the trust deed.
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Who needs to sign the deed
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The grantor
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Adverse Possession
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Adverse possession is a process by which premises can change ownership. It is a common law concept concerning the title to real property (land and the fixed structures built upon it). By adverse possession, title to another's real property can be acquired without compensation, by holding the property in a manner that conflicts with the true owner's rights for a specified period.
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Elements of proof for adverse possession
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Actual possession of the property: The disseisor must physically use the land as a property owner would.
Open and Notorious us of the Property: The disseisor's use of the property is so visible and apparent that it gives notice to the legal owner hat someone may assert claim. Exclusive use of the Property: The disseisor holds the land to the exclusion of the true owner. Hostile or adverse use of the property: The disseisor entered or used the land without permission. |
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Types of Tenancies
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Sole Owner: one who holds possession to land with no one else.
Tenants in Common: two or more who hold land together with designated percentage (40, 60) Joint Tenants w/ Full Common Law Right of Survivorship: 2 or more people holding land together w/ one interest between them all. Tenants by Entirety w/ the Full Common Law Right of Survivorship: husband and wife holding land together. |
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Express vs. Implied
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express term is stated by the parties during negotiation or written in a contractual document. Implied terms are not stated but nevertheless form a provision of the contract.
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Two primary implied rights for leased property
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1) Covenant of quiet enjoyment and warranty of habitability
2) Non-Discrimination |
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Renter's Insurance
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A type of home insurance that protects the holder against accidents, damages, and losses that occur in a rented residence. Renter's insurance provides coverage both for the insured's belongings and for liability that may result from an accident in the insured's home. Many policies cover replacement cost, meaning that the insured will receive the money necessary to purchase a new item that is equivalent to the damaged one instead of a portion of that cost adjusted for depreciation.
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Eviction
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action by a landlord that compels a tenant to leave the premises. No physical violence.
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Retaliatory Eviction
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a substantive defense and affirmative cause of action that can be used by a tenant against a landlord. If a tenant reports sanitary violations or violations of minimum housing standards, the landlord cannot evict the tenant in retaliation
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