B.a. 300 Lansing Final Uiuc

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Lease?

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A propety interest created by contract or operation of law in which the holder is entitled to possession of the property for a certain term in exchange for the paymnet of rent.

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License?

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A license is a property interest, often created informally to come onto property for a particular purpose.

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Easement

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A property interest that enables a non-owner to use the property in a particular nonpossessory way.

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Fee simple Absolute

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one who has this property interest is the owner.

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Mortgage

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A property interest that allows the holder of it (usually a bank) to sell the property if an amount of money, usually that used to purchase the land, is not repaid to the original bank (lender) as promised. The holder of the mortgage may, in turn, sell this right tot receive payment and to selll the land, on default to others

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Rights of property, multifaceted..

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1. the right of possession, enjoyment and use
2. the unrestricted right of disposition; and
3. the poser of testimonial disposition.

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A celebrity's right of publicity

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- has value it can be possessed and used, depends on which state if it ceases after death,

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how long does a trust last

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as long as the instrument establishing them says they exist or until the objective of the trust is accomplished.

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Requirements for a patent?

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Product or process must be
1. new
2. useful
3. nonobvious

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Trademark?

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a trademark is any work, name, symbol, device or combination of these use by one in trade to identify its product and to distinguish the product from those of competitors.

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Copyright

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refers to securing exclusive rights to authors and inventors, isn't rooted in the constitution, like trademark law, but rather in the common law and, today this common law has been usurped by federal statute.

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What does copyright law apply to?

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creative expressions found in books, periodicals, dramatic and musical compositions, works of art, motion pictures, sound recordings, lectures, computer programs, and architectural plans.

last for life of author plus 75 years

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4 factors of fair use?

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1. Purpose and character of use
2. the nature of the copyrighted work
3. the amount and substantiality of the portion used
4. the effect of the use on potential markets for or value of the copyrighted work

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How does the 4th amendment protect our property?

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The fourth amendment prohibits the state from interfering with both a person's freedom and his or her property uless the state acts reasonable and has a good reason; probably cause.

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What does the Sherman anti-trust act address?

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Sherman anti-trust act of 1890 attests to the public concern about the growing loss of control of enterprises on which sustenance increasingly depended.

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Law is ..

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a composite of rules, circumstances, reasons, and objectives

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Naturalist school

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oldest body of law, contends that people are basically naturally good (law is an expression of an ideal for which humans search) Make law w/ moral content. Aristotle, less law

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Positivist school

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dominant school of law for past 200 years, Law lacks moral contnt and is, simply stated, nothing more thn statements of the very word ot the sovereign, these statements include a sovereign's command that entails a purpose and exhibis a power to impose sanctions on those who disobey. Hamilton...

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Llewellyn

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Chief drafter for the Article 2 of the Uniform commercial code on the law of sales. used observations from the best and most desirable business practices of merchants and then to incorporate them into his code.

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Marx

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worte that legislation inengland from the end of the middle ages to the nineteenth century favored those who owned the means of production over the poor workers who had been driven from their land.

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Feminist Legal Studies

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Kathleen MacKinnon, fairness and equality for women

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Values

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is the broadest term and denotes anything one person or group has a preference for or aversion to...values need not have a moral component, but they can.

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Morals

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refers to human behavior that people find good and just... immoral is the opposite

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Process of Moral reasoning

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1. perception
2. reasoning
3. coordination
4. implementation

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Utilitarianism

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means tthat the moral worth of an action is determined solely by its consequences. This theory defines right or good conduct as that which provides the greatest possible balance of good over bad consequences.

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Deontological

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duty based theory or morality, always do the right thing in any circumstance regardless of the consequence, (no cost benefit analysis)

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sadhu

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Indian holy man

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civil law

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means a system of jurisprudence created and first administered in the Roman empire, comprehensive code of conduct imposed by the sovereign. (France and Lousiana)

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Common Law system

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starts with a specific event or case and then builds a general idea or operating principle.

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Stare decisis

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"to stand by the decision"...precedent

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Arbitration

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Unappealable and enforceable if both parties agree to see the arbitrator

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Mediation

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Unlike arbitration, mediation does not impose a solution on the parties, instead, the role of a mediator is to facilitate the efforts of the disputants to work out their own solution.

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Summary by jury

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The jurors will not be presented with the real evidence and will not render a final, enforceable verdict. The verdict can be very instructive to the parties.

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Jury

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is used in trial to perform 2 functions
1. hears witnesses and sees evidence in an attempt to determine the facts of the case.
2. It listens to the judge recite the applicale law and then it retires to the jury room and applies the principle to the fact to determine the outcome of the case.

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Progression of a legal complaint

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1. complaint
2.summons
3. answer
4. counterclaim
5. reply

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Interrogatories

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If the witness cannot be interview in person, then a series of written questions may be sent and must by answered under oath.

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deposition

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A sworn statement of any person, which is made in response to questions from the attorneys for the opposing sides. Taken under oath, usually in front of both attorneys....used to discover what a witness will say at trial, physical evidence, any other matter relevant to the subject of the case.

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privileged

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evidence which is not obtainable by the opposing party are those material which are privileged....attorney-client, doctor-patient, spouse

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1st amendment rights

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guarantees; religion, speech, press, peaceable assembly, and petition.

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the word 'tort' means

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twisted (in latin tortus)

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A decision in most cases provides a consideration of most of these criteria

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1. need for compensation
2. the law of prior cases
3. the convenience of administration
4. The moral aspect of the defendant's conduct
5. the extent to which a judgment will serve to prevent such conduct in the future.

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Intentional torts include:

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1. interference with a persons body, battery, assault, false imprisonment, inflicition of mental distress
2. interference with a person's reputation: libel, slander (defamation)
3. Interference with property; trespass, and conversion
4. Fraud, intentional misrepresentation of a fact that a person reasonably relies on, causing damage to the person

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elements of Tort of Negligence,

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1. a duty recognized by law requiring a person to conform to a certain standard
2. failure on a defendant's part to conform to the standard of reasonable care under the circumstances
3. a resonably close causal connection between the conduct and the resulting injury, proximate cause
4. actual loss or damage resulting to another

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Definition of Negligence

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-an activity that creates an unreasonable risk of harm to a person or society with resulting injury.

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absolute or strict liability

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determined without regard to intention or the reasonableness of the defendant's conduct...is imposed b/c activitiy of the defendant is so dangerous that, in all fairness, the defendant should pay for any damage caused w/o regard to how careful the defendant is.

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caveat emptor

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buyer beware, denotes a general policy of courts, rather than a precise legal principle.

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privity

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the requirement that the plaintiff be a contracting party with the defendant.

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Res Ipsa Loquitur

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"the thing speaks for itself" ....(if gap in time between injury and tort, can look at characteristics of injury and make the connection that it was as a result of the tort)

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a seller makes express warantees by

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1. any aaffirmation fo fact or promise made to the buyer which relates to the goods and becomes part of the basis of the bargain
2. any description of the good which is made part of the basis of the bargain
3. any sample or model which is made part of the basis of the bargain

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implied warranty of merchantability

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implies a promise by the selling merchant that the goods are fit for the ordinary purposes for which such goods are used.

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state of the art defense

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manufacturer pleads that it used the most advanced knowledge and technology in designing and marketing the product

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quid pro quo

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"what for what" refers to consideration in contract, must be offer, acceptance, consideration, parties must be legally competent, legality of purpose,

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contract of adhesion

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the buyer has to stick to all the terms of the seller