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91 Cards in this Set
- Front
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Personal Property |
Everything that is not a real property |
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Gifts |
A voluntary transfer of title to property without payment by the donee(recipient); to be valid: 1) Donor must intend for the gift to be effect. Donative intent. 2) Delivery. Must physically deliver gift to donee or if physical delivery is not possible, delivery of a certificate of ownership. 3) Acceptance. Donee must accept the gift. |
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inter vivos |
A gift made during a person's lifetime that is an irrevocable present transfer of ownership. |
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causa mortis |
A gift in contemplation of death. If death does not occur, the donor may revoke the gift. |
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Mislaid |
Property that owner voluntarily places somewhere and then inadvertenly forgets it. -Owner of the premises where the property is mislaid is entitled to take possession. His right is superior to all except the true owner even superior to the finder. Owner of the premises becomes an involuntary bailee and must take reasonable care of the item until reclaimed by the owner. |
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Lost |
Property that the owner leaves somewhere due to negligence, carelessness or inadvertence. the finder gains superior title to the property over all except the true owner. The finder must return the property to the owner regardless of whether the owner found the finder or the finder found the owner. If the finder refuses to return the property to the owner, the finder is liable to the owner for the tort of conversion and/or the crime of larceny. |
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Abandoned |
Property that the owner has discarded with the intent to relinquish his rights in. Abandoned property can also include lost or mislaid property that the owner has given up further attempts to locate. The first person to claim abandoned property acquires title to the property superior to all including the original owner. |
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Bailment |
A transfer in which the owner transfer his personal property to another to be held, stored, or delivered or for some other purpose. Title of the property does not transfer. Bailor- Owner of the property Bailee- A holder of goods who is not a seller or a buyer. 1) only personal property can be bailed 2) delivery of possession; a) bailee must have exclusive possession, b) bailee must knowingly accept the property. |
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Bailment for the Sole benefit of the Bailee |
also called a gratuitous Bailment. Bailee must exercise utmost care to protect bailed property until returned to bailor. |
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Bailment of Mutual Benefit of Bailor and bailee |
Bailee owes bailor a duty of ordinary care |
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Bailment for the Sole Benefit of the Bailor |
Bailee owes only duty of slight care to Bailor |
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Real Property |
Land and any other thing that is permanently affixed to the land, such as, buildings, soil, minerals, timber, plants, etc. |
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Estates in Land |
The bundle of rights that the owner has to possess, use and enjoy the property. |
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Freehold Estate |
Any estate in which the owner has present possessory rights. |
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Fee Simple Absolute (fee Simple) |
The type of ownership in land that gives the owner the fullest bundle of legal rights that a person can hold in real property. The majority of people own real estate in fee simple. |
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Fee Simple Defeasible |
A type of ownership that grants the owner all the incidents of a fee Sumple absolute except that it may be taken away is a specified condition occurs or does not occur. Ownership is transferred subject to a condition. If that condition ceases to exist then the property ownership reverts to the heirs of the Grantor (person who gave or sold the property subject to the condition). |
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Life Estate |
An interest in real property that lasts for a person's lifetime. Upon that person's death, the interest is transferred to another. |
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Concurrent Ownership |
When two or more people own land together, co-ownership. |
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Joint Tenancy |
A form of co-ownership that includes the right of surviorship. Right of survivorship- A legal rule that provides that upon the death of one joint tenant, his ownership interest goes to the surviving joint tenant or tenants. |
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Tenants if Common |
A type of co-ownership that passes a deceased co-tenant's interest to his estate or heirs and not the con-tenant. |
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Tenancy by the Entirety |
A form of ownershop which can be used only by married couples. At the death of one spouse, the surviving spouse inherits his her ownership interest. Neither spouse may sell or transfer his or her interest in the property without the consent of the other spouse. |
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Crime |
Violation of a statue or the commission of an prohibited act for which the govt imposes a punishment.
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Felony |
Most serious type of crimes. Inherently evil or mala in se crimes. Imprisonment for more than one year. |
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Misdemeanor |
Less serious crimes that are not inherently evil but are prohibited by society, mala prohibita, imprisonment for 1 year or less. |
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Violations |
Least serious offense for which there may be small amounts of incarceration or fines. Examples; traffic violations, jaywalking. |
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Required for a crime to occur |
1.Criminal Act (actus reus) or guilty act 2.Criminal intent (mens rea) -specific intent -general intent -nonintent crime |
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Criminal Act (actus reus) |
Defendant must actually perform the prohibited act. |
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Criminal Intent (mens rea) |
evil intent or guilty mind. Defendant's state of mind can be inferred from their actions.
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Specific Intent |
a crime which requires proof that the perpetrator intended a specific result such as the death of the victim. |
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General Intent |
Crime requires that the perpetrator know or should have known that his action would have a harmful result but not the that he intended the precise result that occurred. |
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Nonintent Crime |
Crimes that make unintended actions criminal, such as involuntary Manslaughter. |
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Criminal Procedure |
Arrest Probable cause Bail bond Indictment Arraignment Plea Bargain Criminal Trial
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Arrest |
Arrest warrant, a document for person's detainment based on a showing of probable cause. |
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Probable cause |
evidence that amounts to substantial likelihood that a person either committed a crime or is about to commit a crime |
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Bail bond |
the amount of money a criminal defendant must pay to be released from jail pending trial. |
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Indictment |
the charge of having committed a crime, usually a felony, based on the judgment of a grand jury. |
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Arraignment |
a court hearing during which the accused is 1) in formed of the charges against him and 2) asked to enter a plea, which can be "guilty", "Not guilty" or nolo contendere. |
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Plea Bargain |
An agreement in which the accused agrees to plead guilty to a specified crime (usually a lesser crime than that with which defendant was orignally charged) in exhcange for the prosecution's recommendation for a specific sentence. |
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Criminal Trial |
Jury verdict must be unanimous. If not unanimous, "Hung jury"; judge declares a mistrial and prosecution decides whether or not to retry. Only the defendant can appeal, it found not guilty, 5th amendment, double jeopardy protects against being tried for same trial twice. |
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Thefts: |
robbery burglary larceny receiving stolen property embezzlement arson |
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Robbery |
the taking of personal property from another person through fear, force or intimidation. |
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Burglary |
the taking of personal property from another's office, home or other type of building. Usually involves a breaking and entering or an unauthorized entry into a building. |
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Larceny |
the unlawful taking of another's personal property which is neither robbery or burglary. May be Grand Larceny, usually a felony, or petit larceny, usually a misdemeanor. The distinction depends on the value of the property taken. |
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Receiving Stolen Property |
Receiving property that one knows should have known is stolen with the intent to deprive the rightful owner of that property. |
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Embezzlement |
the fraudulent conversion of property by a person to whom it has been entrusted. for ex: Cashier in a retail store has been entrusted with the money in the cash drawer. When he takes money from the drawer and keeps it for himself, the cashier has embezzled this money. |
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Arson |
the willful or malicious burning of a building or other structure. |
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White collar crimes |
Forgery bribery extortion criminal fraud Mail fraud and wire fraud money laundering |
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Forgery |
the fraudulent making or alteration of a document that affects the legal liability of another. The key here is that the act has to be committed without permission and with the intent to defraud. If a spouse signs another's document with permission and no fraudulent intent, he or she has not committed forgery. |
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Bribery |
Aperson gives something of vaule, usually money, property or favors in exchange for a favor in return. Offeror of a bribe commits the crime when the bribe is tendered, even if it is refused. If accepted by the offeree of the bribe, he is also guilty of bribery. Bribery is sometimes called a Kickback or payoff |
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Extortion |
obtaining property by consent, when the consent has been obtained by actual or threatened force. somethimes called "blackmail". |
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Criminal Fraud |
Obtaining property by false pretenses or deceit |
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Mail Fraud and Wire Fraud |
Committed fraud through the use of the mail or wires |
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Money Laundering |
attempts to make illegally obtained cash appear to have been earned through a legitmate business. Its a federal crime if 1) knowingly engage in a money transaction through a financial institution involving property obtained through illegal activity. 2) Knowingly engage in a financial transaction involving in or traceable to the offense and fine of 2 times its value, up to 500,00 and up to 20 yrs incarceration. |
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4th Amendment |
Generally prohibits searches and seizure by a govt agency without a valid search warrent issue pursuant to a finding of probable cause. Exceptions to requirement of a search warrant: 1) incident to a lawful arrest, 2) plain view, 3) likelihood of destruction of evidence. |
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Exclusionary Rule |
requires evidence illegally obtained to be prohibited for use at trial. Also, any evidence found as a result of the illegally obtained evidence, "fruit of the tainted tree". |
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5th Amendment |
double jeopardy- Prevents the govt from trying a person for the same crime more than once. Mistrial doesnt count.
Self incrimination- a person cannot be required to be a witness against himself in a criminal prosecution. This protection applies to natural persons only, not artificial persons, such as corporations. |
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Miranda Warnings |
must be given, prior to police interrogation, when the individual is under arrest or in a situation where the person is not free to leave. Voluntary statements made outside of a custodial police interrogation are not prohibited even if Miranda has not been given. Once a person in a custody invokes his right to remain silent and or have an attorney present during questioning, the police must stop questioning him. Christian Burial Case |
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6th amendment |
right to counsel, Also right to a public jury trial, right to speedy trial, right to confront (cross-examine) witnesses testifying against them. |
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8th Amendment |
Protects against Cruel and Unusual Punishment |
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Intentional Tort |
category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. |
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Assault |
Any action that creates a reasonable apprehension of immediate harmful or offensive touching. |
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Battery |
the unauthorized harmful or offensive touching. Can be direct or indirect, such as by throwing a rock or shooting an arrow or bullet. |
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False imprisonment |
confinement or restraint of a person without authority, or justification and without that person's consent. |
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Shopkeeper's privilege or Merchant Protection Statutes |
statutes that allow merchants to stop, detain and investigate suspected shoplifters without being held liable for false imprisonment; HOWEVER, 1)there must be reasonable grounds for suspicion 2)suspects can be retained for only a reasonable time 3)investigations must be conducted in a resonable manner. |
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Intentional Infliction of Emotional Distress |
the emotional distress must be severe and the conduct must be of the nature so as to make the average person exclaim, "Outrageous" |
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Misappropriation of the right to publicity |
an attempt by another to appropriate a lving person's name or identity for commericial proposes |
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Invasion of Privacy |
the unwarranted and undesired publicity of a private fact which does not have to be untrue. Secretly taking photos of someone with a cell phone in a locker room would be invasion of privacy. |
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Defamation of charcter |
untrue statement of fact that has been intentionally or accidentally published to a third party. |
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Libel |
A false statement of fact made in writing or in a video, on TV or radio |
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Slander |
Oral Defamation; actual malice required if defamed person is a public figure. |
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Disparagement |
An untrue statement about the products, services, property, or reputation of another business. also known as: trade libel, product libel |
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Fraud, Intentional Misrepsentation |
the intentional defrauding of a person out of money, property or somthing else of value. 1) false representation of a material fact 2) wrongdoer knows it is false and intends to deceive 3) justifiable reliance on false statement 4) innocent party is injured |
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Intentional Infliction of emotional Distress |
Extreme and outrageous that casuse severe emotional distress to another. Conduct that would cause a reasonable person to exclaim, "Outrageous!" |
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Malicious Prosecution |
the orginal plaintiff institutes or is responsible for instituting a lawsuit that is completely without legal merit (frivolous lawsuit) and with malice, which was terminated in favor of the original defendant, who suffered injury. The original defendant becomes the plaintiff in the second lawsuit filed against the original plaintiff for malicious prosecution, who becomes the defendant in this second suit. |
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Negligence |
Elements of Negligence 1) Duty of care 2) Breach of this duty 3) Plaintiff suffered an injury 4) Defendant's negligent act was the actual casue of P's injury. 5) D's negligent act was the Proximate (legal) casue of P's injury. |
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Special Negligence Doctrines |
Negligence per se- A tort in which the violation of a statute or ordinace constitute the breach of duty. 1) Statute exist 2) Statute enacted to pervent the type of injury P suffered 3) P in the class of people intended to be protected by the statute. Res Ipsa Loquitor- tort in which the presumption of negligence arises b/c; 1) D has exclusive control of the situation or instrumentality of injury; and 2) P could not have suffered injury but for someone's negligence. |
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Good sameritan Laws |
laws enacted states to protect medical professionals from liability for ordinary negligence in treated individuals in emergencies such as auto crashes. the laws do not protect from liability arising from gross negligence, recklessness or intentional conduct. |
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Superseding or Intervening event |
An event for which D is not responsible that cuts off D's liability for P's injury caused by this event. Ex: golf lightening strike & falling pig |
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Assumption of the Risk |
P, who voluntarily and knowingly enters into or participates in an obviously risky activity cannot recover damages from the D, he is injured. Ex: mechanical bull |
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Contributory Negligence |
A P, whose own negligence contribute partially to his own injury. cannot recover for injury from a negligent D. Ex: speeding corvette case. |
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Comparative Negligence |
When P and D are both negligent, damages are apportioned according to fault. Ex: Hot coffee case.
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Strict Liability |
Liability without fault. Usually applies to abnormally dangerous activites, such as, crop dusting, blasting, burning fields, and storage of explosives. |
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Products Liability |
liability without fault for injury caused by a defective product. All in the chain of commerce or distribution are liable. |
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Defect in Manufacturing |
Occurs when manufacturer fails to; 1 properly assemble a product 2 properly test a product 3 adequately check the quality of a product; ex: dead mouse in soda |
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Defect in Design |
A product is desinged incorrectly. Courts apply risk/utility analysis- compare gravity is danger posed, likelihood of injury, availability and cost of alternative, and social utility of the product. in auto cases also consider crashworthiness. ex: blind spot in dump truck, exploding pinto. |
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Failure to warn |
A product is defective if the manufacturer fails to warn consumers of a known danger of using the product. Ex: Drug side effects warnings. |
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Defect in packaging |
a defect that occurs when the product has been placed in packaging that is not sufficiently tamperproof. |
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Failure to instruct |
Manufacturer does not properly instruct consumer in proper use of product. |
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Defenses to product liability |
1) Generally known dangers- guns shoot bullets that can seriously wound or kill. 2) Misuse of product- abnormal misuse as opposed to generally understood misuse. 3) Product is not in same condition as when maufactured- product has been altered. 4) assumption of the risk- P knew and appreciated the risk and voluntarily assumed it. |
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Statute of Limitations |
Statute that requires an injured party to file a lawsuit within a specified period of time after he was injured by a defective product. |
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Statute of Repose |
Statute that limits the seller's liability to a specified number of years from the date when the product was maufactured |
