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41 Cards in this Set

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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
CONTRACTS

Armadillos From Texas Play Rap Eating Tacos?
Contracts:
Applicable law
Formation
Terms
Performance
Remedies for breach
Excuses for non performance
Third parties
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
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
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
CIVIL PROCEDURE

Trad Basis Jxn
Can Do People
1) Jxn Traditional Basis—consent, domicile or presence. (Can Do People)
Can Do People
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
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
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!
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.).
REMEDIES

Remedy of Rescission Requires
Good Dog
Rescission requires
1) Grounds for rescission: mistake, misrep
2) Defenses unavail
Good Dog
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
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!
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
REAL PROPERTY

Adverse Possession:
COAH
Adverse Possession

Continuous
Open (& notorious)
Actual Possession
Hostile
COAH
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
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
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
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
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
CON LAW

Justiciability Issues
RAMPSE

Ripeness
Abstention
Mootness
Political Question
Standing
Eleventh Amendment
RAMPSE
CON LAW

Standing
Public Defenders in CA Rule!
1. PERSONAL AND DIRECT INJURY
2. CAUSATION
3. REDRESSABILITY
Public Defenders in CA Rule!
CON LAW

Congressional Police Power
MILD police power over:
- Military
- Indian Reservations
- Federal lands and territories
- District of Columbia
MILD
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
REAL PROPERTY

LL options if T abandons
SIR

- Surrender
- Ignore (MIN only)
- Re-let
SIR
REAL PROPERTY

Ts options for breach of implied warranty of habitability
MR3

- Move
- Repair
- Reduce rent
- Remain in possession and sue
MR3
REAL PROPERTY

Exceptions to Common Law Caveat Lessee
CLAPS

- Common Areas
- Latent Defects
- Assumption of Repairs
- Public use rule
- Short term lease
CLAPS
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
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
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
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
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)
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
REAL PROPERTY

What are the requirements to pass legal title?
LEAD
(1) LAWFUL EXECUTION of a Deed
AND
(2) DELIVERY of Deed
LEAD
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
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
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
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
CIVIL PROCEDURE

Class Actions
you CANT sue alone

COMMONALITY
ADEQUATE and fair representation
NUMEROSITY
TYPICALITY
you CANT sue alone
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
CRIM LAW

Insanity Tests
MAID

- M'Naughten
- ALI Substantial Capacity
- Irresistible Impulse
- Durham product
MAID