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123 Cards in this Set

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What is the Privileges and Immunities Clause of Article IV?
States must not discriminate against out-of-state citizens with respect to commercial activities or the enjoyment of civil liberties. Must show substantial justification and no other way to solve problem.
What is the dormant commerce clause rule?
Where Congress has not acted, state law may still be invalid if it discriminates against or unreasonably burdens interstate trade. If law discriminates for purpose of favoring in-state commerce, it is invalid. If purpose is health or safety, it is still invalid unless no other reasonable way to achieve purpose.
When will a nondiscriminatory tax be valid?
1) substantial nexus to taxing state, 2) fair apportionment between payers, 3) fair relationship to benefits provided by state
What level of scrutiny does contract clause get?
Private contracts - intermediate scrutiny - important interest and narrowly tailored

Public contracts - stricter scrutiny - state is conflicted
What are time, place and manner controls? When are they valid?
TPM restrictions control how individuals can express their 1st amendment rights.

They are valid if content neutral (with little to no discretion), if they leave substantial alternative opportunities for speech to occur, and they serve a significant state interest.
To be a contract, an agreement must be legally enforceable. What are the eleven main reasons for not enforcing an agreement?
MiND CAPSICUM
1. Mistake, 2. Nondisclosure, 3. Duress, 4. Consideration, 5. Ambiguity, 6. Public Policy, 7. Statute of Frauds, 8. Illegality, 9. Capacity, 10. Unconscionability, 11. Misrepresentations
Can warranties be disclaimed and/or limited?
Disclaimers
--express warranties cannot be disclaimed
--implied warranties of merchantability and fitness can be disclaimed with conspicuous language or by selling "as is" or "with all faults".
--MARYLAND has a higher level of consumer protection than most states, and does not allow implied warranties to be disclaimed on consumer goods. Efforts to limit remedies for express warranties for consumer goods are typically not effective.
What are 8 common post-contract excuses, and when are they available?

I DEADMAN
I illegality - if later law makes contract performance illegal then excuse by impossibility. If makes purpose illegal then excuse by frustration of purpose.
D destruction of subject matter - must make performance impossible not just expensive
E express condition - performance excused if condition does not occur
A anticipatory repudiation - if other party unambiguously states he is not going to perform, then performance is excused
D death - death does not generally excuse performance unless specific service contract
M material breach - if other party does not substantially perform then your performance is excused. Clearly less than half = material breach
A accord and satisfaction - new agreement to accept different performance in satisfaction of original obligation. If accord is not satisfied, then other party can collect on either obligation but not both. Look for IF and THEN.
N novation - agreement by both parties to substitute a new party
What is the standard of care for directors?
By statute in Maryland, a director must act in good faith, with the reasonable belief that her act is in the best interest of the corporation, and with the care that an ordinarily prudent person would use under similar circumstances. There is a presumption that director action complies with this standard.

good faith
best interest
ordinarily prudent
What must be shown before an interested transaction is allowed?
1. the deal was fair and reasonable OR
2. conflict was disclosed and the deal was approved by majority of disinterested directors or disinterested shares actually voting
Solicitation
The inducing, urging, or commanding another to commit a felony with apecific intent (actual desire) that the other person commit the felony
Conspiracy
an agreement between two or more persons to accomplish an unlawful purpose with the specific intent that the purpose of the agreement will be achieved
Attempt
One is guilty of attempt when he intends to commit the crime and performs a substantial step (MD and MPC) or comes dangerously close to completing crime (common law)
Assault and Battery
Second degree proven in one of three ways: common law attempt tp frighten, attempted battery, or actual battery

First degree requires an agravating circumstance like use of firearm, or attempt to do great bodily harm
Felony Murder
Homicide that occurs during commission of certain felonies

MD: Mrs. Baker felonies
First Degree Murder
any willful, premeditated and deliberate murder, and murder by poison, torture, lying in wait, and felony murder.

Premeditation: decision to kill was made in cool and dispassionate manner

Deliberation: defendant must have reflected on decision to kill for "some appreciable period"
Second Degree Murder
Any murder that is not first degree murder.
In Maryland: felony murder based on a felony other than Mrs. Baker crimes as long as the felony is "dangerous to human life", depraved heart, specific intent to do serious bodily harm
Manslaughter
Homicide without malice
Involuntary manslaughter
homicide by criminal negligence

Motor vehicle manslaughter if operated in a grossly negligent manner (drunk)
Voluntary Manslaughter
homicide with adequate provocation and during the heat of passion

Homicide was intentional, but defendant was provoked by an event that would arouse sudden and intense passion in a reasonable person

Also imperfect self defense homicide
Rape
Intercourse by force or threat of force, and without consent
Other MD crimes against persons
1) reckless endangerment
2) carjacking
3) Harassment
4) Stalking
MD Crimes against privacy
1) Surveilance
2) wiretapping
MD Theft
obtaining anything of value by unauthorized control, deception, or criminal possession. If value > $500 then it’s a felony
MD Forgery
(1) a making or materially altering of a (2) false writing of (3) apparent legal significance and with (4) specific intent to cheat or defraud
MD Drug possession
actual or constructive dominion and control of the drugs. For constructive possession look to proximity, interest in place drugs were found, mutual use with one in actual possession
Burglary (Maryland distinctions)
breaking and entering any building at any time to commit any crime therein(not just felonies)
Arson (Maryland distinctions)
Setting fire to any building, vehicle, boat or personal property
MPC insanity test (and MD)
not guilty by reason of insanity if:
(1) lacks substantial capacity to appreciate what he did was wrong, or
(2) conform his conduct to requirements of the law

Defendant must prove insanity by preponderance of the evidence
4 requirements for search with warrant to be in compliance with 4th amendment
1. Issued by a neutral and detached magistrate?
2. probable cause and particularity?
3. If not, did law enforcement rely in good faith?
4. Was the warrant properly executed by police?
Requirement for use of informant for warrant
Can be anonymous, but police must give enough corroboration to allow magistrate to make a common sense practical determination the a probable cause exits based on a totality of the circumstances
Eight exceptions to warrant requirements (ESCAPIST)
Exigent circumstances
Search incident to arrest
Consent
Automobile
Plain view
Inventory
Special needs
Terry stop
When can evidence obtained in unlawful search be used
evidence can always be used to impeach witness, and in order to exclude evidence the police action must have been deliberate, reckless or grossly negligent
When can poison fruit be admitted?
must show a break in causal link:
1) independent source
2) inevitable discovery
3) attenuation - time and intervening events can purge the taint
Four major requirements for a valid wiretap warrant
Must name particularly the people, time, and conversations to be recorded AND
Crime must be probable
When are Miranda warnings necessary?
1) Where a reasonable person would not have felt at liberty to end interrogation and leave, AND
2) where the environment is inherently coercive
Requirements for a valid waiver of Miranda rights
Must be knowing, intelligent, and voluntary
What is necessary for a guilty plea to be valid?
must be voluntary and intelligent

Judge must address in open court the nature of the charges including required elements, and the consequences of the plea
How can evidence of defendant's past crimes be used for purposes other than character?
MIMIC
Motive
Intent
Mistake or accident (absence of)
Identity
Common Scheme or plan

Past crimes must be proven by clear and convincing evidence in Maryland, lower standard in FRE Can also be used in civil cases if relevant for non-character purpose
Authentication of writings. When is it necessary? 6 methods of authentication
If the relevance of a writing depends on who wrote it, then a showing must be made to prove authorship

Methods:
1) witness's personal knowledge
2) proof of handwriting - can be lay person opinion, expert opinion, or jury comparison
3) proof by circumstantial evidence
4) ancient document rule - authenticity may be inferred if the document is >20 years old, free of suspicion, and found in place of natural custody
5) Solicited reply doctrine
6) self-authenticating documents: official publications, certified copies of records on file in public office, newspapers, trade inscriptions, acknowledged documents, and commercial paper
Seven Impeachment methods
1) prior inconsistent statements
2) Bias, interest, or motive to lie
3) sensory deficiencies
4) bad reputation for truthfulness
5) criminal convictions
6) bad acts that reflect on truthfulness
7) contradiction
Extrinsic evidence can be supplied for all except 6 and 7 (if collateral)
Non-hearsay statement categories
1) Verbal acts
2) Offered to show effect on person
3) circumstantial evidence of speaker's state of mind (crazy)
What are the four Hearsay exceptions for unavailable witnesses?
1. Forfeiture by wrongdoing
2. Former testimony (if had opportunity to cross exam)
3. Statement against interest (against pecuniary, proprietary, or penal interest)
4. Dying declaration (only in homicide cases under FRE, MD allows for attempted homicide)
What are eight common hearsay exceptions where witness availability does not matter?
1. Excited utterance
2. Present sense impression
3. Present state of mind
4. Declaration of intent
5. Present physical condition (can talk about cause but not liability)
6. Statement for purpose of medical treatment or diagnosis
7. Business records – writings made in regular course of business concerning personal knowledge of one with a business duty to record it.
8. Public records – records of public agencies regarding their activities
When can a conflict be waived?
1. lawyer reasonably believes he will be able to provide competent and diligent representation to both clients, AND each client gives written informed consent
When MAY a lawyer reveal confidential information?
1. to prevent reasonably certain death or substantially bodily harm
2. to prevent a financial crime or fraud that the lawyer;s services have been used to further
3. to defend himself
When MUST a lawyer withdraw from representing a client?
1. If the client fires him
2. If physical or mental condition requires withdrawal
3. If continued representation would constitute a violation of any rule
When MAY a lawyer withdraw?
1. if client is not hurt
2. if client has not paid the fee owed
3. if client and lawyer have a fundamental disagreement on case
4. other good cause
What are a life tenant's rights and duties on the land?
A life tenant is entitled to any ORDINARY uses and profits of the land but cannot do anything to injure the interests of a remainderman or reversioner ie commit WASTE. If they do the future interest holder may sue for damages to enjoin the life tenants activities.
What is Affirmative Waste?
When a life tenant exploits the natural resources of their life estate UNLESS:

(i) its necessary for repair or maintenance of the land
(ii) the land is suitable only for such use
OR
(iii) with the permission of the grantor.
What is a life tenant obligated to do to avoid a charge of permissive waste?
1. preserve the land and structures in a reasonable state of repair.
2. pay interest on mortgages (not principal)
3. pay ordinary taxes on the land
4. pay special assessments for public improvements of short duration (improvements of long duration are apportioned between the life tenant and future interest holder)
What interests does the RAP apply to?
contingent remainders
executory interests
vested remainders subject to open
options to purchase (not attached to a leasehold)
rights of first refusal
powers of appointment
What interests are exempt from RAP?
all vested remainders (except for vested remainders subject to open)
Grantor's interests: Reversions, Possibilities of Reverter, Rights of Entry
Any disposition from charity to charity
options to purchase held by a current tenant
What is the Rule Against Restraints on Alienation?
Generally, any restriction on the transferability of a legal (as opposed to equitable) interest is void.
When are restraints on fee simple estates allowed?
Absolute restraints are void but restraints on fee simple estates for a LIMITED TIME or a REASONABLE PURPOSE will likely be upheld.
When is a co-tenant entitled to contribution from the other co-tenant(s)
1. Repairs: If a co-tenant NOTIFIES her co-tenant(s) of NECESSARY repairs, she can receive contribution for the amount she pays over her pro rata share.

2. Improvements: No right of contribution unlesss there is a partition

3. Taxes and Mortgages paid on the entire property. However, reimbursement to a co-tenant in sole possession is limited to the extent that expenditures exceed the rental value of her usage.
How is a periodic tenancy terminated?
By Notice which must be given one full period in advance and timed to terminate at a natural end period (ex. 30th or 31st of the month)

For a year-to-year lease, 6 months notice is required.
How is a tenancy at sufferance terminated?
When the landlord takes steps to evict the tenant. No notice is needed.
What is the Hold-Over Doctrine?
If a tenant continues in ppossession after his right to possession has ended, the landlord may:
(1) evict him
(2) bind him to a new periodic tenancy.
If a tenant holds-over what terms and condition govern the new lease?
the terms and conditions of the expired lease UNLESS the landlord notifies the tenant before the lease expired that the rent will be increased
What are a tenant's duties?
Duty to Repair: a tenant cannot damage (ie committe waste)
Duty not to use premises for illegal purpose
Duty to pay Rent
Duty to keep premises in good repair (liable to invitees even if L promised to fix)
What is T's duty to repair if the lease is silent?
T must maintain premises and make ordinary repairs.

IN Maryland, residential leases must state each parties duties to repair
What can L do if T fails to pay rent but is still in possession?
2 options: evict through courts (8-401 action), or continue relationship and sue for rent due. Either way, T is liable for rent until he vacates.

L CANNOT use self-help!
What can L do if T fails to pay rent and is not in possession (has moved)?
SIR

S - Surrender - T shows by words or actions that she wishes to give up the lease. L can accept surrender. Surrender must be in writing if lease is greater than one year to satisfy SoF.

I - Ignore the abandonment and continue to hold T liable for rent. Available in minority of jdxs.

R - Re-let premises on T's behalf, and hold him liable for any deficiency (Mitigation rule)

Majority rule is that L must try to re-let.

MD is with majority for residential, but not commercial realty.
What are L's duties?
1. Duty to deliver possession
2. Implied covenant of quiet enjoyment
3. Implied warranty of habitability
What is the implied covenant of quiet enjoyment? How can L breach?
Gives T the right to use an enjoyment of premises without interference from L.

L can breach through actual wrongful eviction, or through constructive eviction.
What is constructive eviction?
Four elements: T must SING
1. Substantial Interference that is permanent or chronic
2. Notice: T must tell L of problem
3. Goodbye: T must vacate premises after L fails to remedy
What is the implied warranty of habitability?
Residential premises must be fit for human habitation.

In MD, it is called L's duty to eliminate serious defects in residential leases
What happens if L breaches implied warranty of habitability?
MR3
T can:
M - Move out and end the lease
R - Repair and deduct
R - Reduce rent - should put reduction in escrow
R - Remain in possession and seek money damages
What is L's tort liability? Exceptions?
Common law: Caveat lessee - L had no duty to make premises safe.

5 Exceptions: CLAPS
Common Areas
Latent Defects - duty to warn not repair
Assumption of repairs
Public use - short term use of public space (museum)
Short term lease of furnished dwelling
What are the restrictions on negative easements?
Can only be granted in LASS:
Light, Air, Support, Stream water

Must be granted expressly, in writing signed by grantor. there is no automatic right to a negative easement.
How can an affirmative easement be created?
PING
P- prescription (adverse possession COAH)
I - implication (prior use was aparent and reasonably necessary)
N - necessity
G - grant (if over 1 year must be in writing for SoF)
How is an easement terminated?
END CRAMP

E - Estoppel - if servient owner relies on easement holder's statement that he will not use easement anymore
N - Necessity - end when need ends
D - Destruction

C - Condemnation
R - Release
A - Abandonment - easement holder demonstrates by physical action the intent to never use the easement again
M - Merger
P - Prescription
What is a covenant?
a promise to do or refrain from doing something to your land. Not a grant of interest, but a contractual limitation.

Negative covenants can be for anything, so used instead of negative easements.
What is an equitable servitude?
Same as covenant, but remedy is in equity instead of at law.
When will a covenant run with the land, and be capable of binding successors?
Must determine if burden runs to new owner of burdened property. If so, then must determine if benefit runs to new owner of benefited land. It is harder for burdens to run.

For burden to run must be WITHN:
W - Writing
I - Intent to run
T - Touch and concern land
H - Horizontal AND Vertical Privity - A and B must have been in succession of estate. A and A1 will be in privity unless adverse possession.
N - Notice - A1 knew of promise when she took

For benefit to run, do not need horizontal privity nor notice.
When will equitable servitudes bind successors?
Writing, Intent, Touch and concern, and Notice

Same as covenant, but without privity.
What is the common scheme doctrine?
A way to create implied equitable servitudes. Occurs when a landowner subdivides land and sells most with restrictive covenants, but leaves a few out. The owner of the unrestricted lot will have a reciprocal negative servitude if 1) when sales began the subdivider had a general scheme of residential development, and 2) the defendant lotholder had notice of the other covenants.
What are the Maryland distinctions to the common scheme doctrine?
Md courts have held that where a grantor has filed a declaration of common scheme that he only intended to burden the parcels listed in the plan.

MD also holds subsequent buyers to record notice of all prior deeds transferred to others by a common grantor. This is more burdensome on the title searcher.
When can time be tacked for adverse possession?
If there is any non-hostile nexus with predecessor, and no ouster has occurred.
What is the two step process for sale of real estate?
1. the land contract, which endures until step 2
2. the closing, where the deed becomes the operative document
What must be in a land contract?
1. Must be in writing
2. signed by D
3. must describe the land
4. must state some consideration

These are just from SoF and general K law

Can sometimes get equitable remedy with oral K if P relied - quasicontract
Who bears risk of loss?
Buyer does once land contract has been executed unless K says otherwise
What are the two implied promises in every land contract?
1) Marketable title at closing - title free from reasonable doubt and free from threat of litigation

2) Promise to not make any false statements of material fact
What is necessary for the Deed to pass legal title from seller to buyer?
It must be LEAD
L - Lawfully
E- Executed
A- and
D - Delivered (look for intent of seller to transfer)
Describe the general warranty deed. What promises does it contain?
The best deed a buyer could hope for. It warrants against all defects in title, including those due to grantor's predecessors.

3 present covenants: (SoL runs from delivery)
1) covenant of seisen = grantor owns the estate
2) covenant of right to convey = grantor has power to convey
3) covenant against encumbrances = no easements or servitudes

3 future covenants: (SoL runs from breach)
1) covenant for quiet enjoyment = grantee will not be disturbed by a lawful 3rd party claim
2) covenant of warranty = grantor will defend grantee
3) covenant for further assurances = grantor will do whatever is needed to perfect the title
Describe the statutory special warranty deed. What promises does it contain?
Grantor makes two promises:
1) promises he has not conveyed the property to anyone else
2) promises property is free from encumbrances that he made

Grantor makes no representations on behalf of his predecessors in interest.
What is a mortgage?
A security interest in land used as collateral for a debt. Mortgages must be in writing.
What is an equitable mortgage?
A person will give someone a deed to their property but with an oral agreement that the deed is just collateral. Parol evidence is allowed to prove parties intent.
What is a holder in due course?
When a mortgagee transfers his interest for value, the new mortgagee is a holder in due course, and is free from any personal defenses (like lack of consideration, unconscionability, and fraud in the inducement) mortgagor had against the original mortgagee. Holders in due course are still subject to real defenses though.
Describe the two major water rights systems
Riparian: The water belongs to those who own the land bordering the water course. They are called riparians, and share the right of reasonable use.

Prior Appropriation: Water belongs to the state, and can be acquired by anyone through productive use. First in time first in right.
Battery
1) Harmful or Offensive Contact
2) With the P's person
Assault
1)Places P in apprehension
2) Of an immediate battery
False Imprisonment
1) An act of restraint
2) Confinement of P in a bounded area
Intentional Infliction of Emotional Distress
1) D engages in outrageous conduct
2) P suffers severe distress
Hallmarks of outrageousness for IIED
1. continuous/repetitive conduct
2. D is a common carrier or inn keeper. (Jetblue and Marriott)
3. P is a member of a fragile class (young children, elderly, pregnant women)
Trespass to land.
1) Physical invasion
2) Of land
Trespass to chattels & conversion
Vandalism and theft (Repair and replacement)
Defenses to intentional torts
Consent
Self-Defense
Necessity (public or private)
Defamation
1) Make defamatory statement specifically identifying the P.
*reflects negatively on a trait of character
2) Publication: It is sufficient to share the statement with one other person than P.
3) Damages, maybe.
*libel: you don't need to ask for damages (it helps),
*slander not per se: need proof of ECONOMIC loss.
*slander per se: no need to prove damages if 1) Statement relating to business or profession. 2) statement that P has committed a crime of moral turpitude. 3) A statement imputed unchastity to a woman (not a man). 4) A statement that P suffers from a loathsome disease (leprosy and venereal disease)
Defamation Special Cases
If Defamation relates to matter of public concern (wide spread public interest), then P must additionally prove falsity and fault (bad faith).
*If P is public figure, must prove statement was made deiberately or recklessly - known lie or no investigation.
*If P is private person, then must prove statement was made negligently - inadequate investigation.
*MD requires these additional elements for all defamation claims.
Defenses to Defamation
1) Consent.
2) Truth. (D bares burden)
3) Privilege.
Absolute privilege:
a) spouses communicating w/ each other cannot be liable.
b) Officers of the 3 branches of gov't in the conduct of their official duties cannot be liable. (lawyers and witnesses)
Qualified privilege (candor):
*Statements made for references (employee, tenant)
*Credit reporting
*Statements made to police investigating a crime.
*D must be acting in good faith.
*things must be w/in scope
Privacy Claims
1) appropriation: D is going to use P's name or picture for commercial purpose. Cereal puts tiger woods w/out asking. *newsworthy limitation.
2) intrusion: invasion of P's seclusion in a way objectionable to an average person. Wiretapping. *P must be in an excluded place where legitimate expectation of privacy. *No trespass is required.
3) False Light: Widespread dissemination of a material misrepresentation that would be objectionable to average person. Distinguished from defamation because have to tell a lot. *Material misrepresentation is broader than defamation. (mischaracterizing someone's beliefs) *Damages for the insult. *it's NOT an intentional tort.
4) Disclosure: Widespread dissemination of confidential information that would be objectionable to the average person. *Exception is newsworthiness. (Dick Chaney's medical records.)
Defense to Privacy Claims
1. Consent
2. Defamation privileges (available in false light and disclosure)
Negligence
1. Duty
2. Breach of duty
3. Causation (proximate and factual)
4. Damages
Duty (Negligence)
2 Parts:
1) We owe a duty to foreseeable victims and we don't owe a duty to unforeseeable victims. Unforeseeable victims always lose. (Palsgraf "Zone of Danger")
EXCEPTION: Rescuers are not barred even when they are very far away.
2) How much care are we expected to exercise. You owe the amount of a hypothetical reasonably prudent person acting under similar circumstances (lives in the juries head, is everybody and nobody, always very careful, wears a plastic pocket protector. It is the same for EVERYONE and kinda harsh).
EXCEPTION: If D has superior knowledge, then D is reasonably prudent person w/ superior knowledge. If D has different physical characteristics, then it's a reasonably prudent person who is blind.
SPECIAL DUTY STANDARDS
*Child
*Professional
*Land Occupiers
Special Duty Standards of Care (Child)
Child: Children under 5 are legally incapable of negligence. 5-18 the care of a hypothetical child of similar age, experience, and intelligence, acting under similar circumstances. (extremely subjective)
EXCEPTION: When a child is engaged in an adult activity you use normal reasonably prudent standard (operating a vehicle).
Special Duty Standards of Care (Professionals)
Professionals: Any individual providing a skill with a license (Dr.). A professional owes the care of an average member of that profession who practices in a similar community (primary care is geographical, specialist is other specialist). (The custom sets the standard of care)
*An error of execution is always violation of duty
*Maryland - no locality rule
Special Duty Standards of Care (Land Occupiers)
1) undiscovered trespasser: no duty of care - Unforeseeable victim.
2) discovered or anticipated trespasser (bare licensees): known man made death traps
3) Licensee (Social Guest): All known traps
4) Invitee: Customers of a business: all reasonably knowable traps - duty to inspect
Negligent Infliction of Emotional Distress
Negligent defendant and NO trauma to the body. P must show:
1) He was in a zone of physical danger. (near miss)
2) Experienced subsequent physical manifestations of that distress.
Bystander claim: D has to demonstrate 1) near in space 2) near in time 3) near in relationship.
Causation
1. Factual Cause: Linkage between breach and injury. "But for" test. D will say "Even if"
2. Proximate Cause: foreseeability
Merged Causes (Causation):
Where the breach capable of causing the harm all by itself. "But for" doesn't work. Substantial factor test instead.
(2 fires burn down one house)
Unascertainable Causes (Causation):
2 D's and only 1 caused it. We shift B of P to D's. If neither of them can prove they didn't do it, they are both liable.
Strict Liability (products)
1. D must be a merchant
2. P must demonstrate that the product is defective: manufacturing defect or design defect.
* for design defect must show that alt. design is safer 2) is economical 3) is practical.
3. Product has not been altered. Presumption that this has been satisfied if moved in ordinary chains of distribution.
4. P must be making a foreseeable use of the product (standing on chairs is foreseeable).
What are the requirements for premarital agreements?
1. Must be in writing
2. must not be product of fraud, duress, undue influence, or incompetence
3. must not be unconscionable
Premarital agreements are not unconscionable if:
1. D made asset disclosure
2. P knew of assets
3. terms are not unfairly disproportionate
4. no overreaching because both aprties had legal counsel and understood rights being forfeited
What are the grounds that make a marriage voidable?
1. too young - under 18, but waived if cohabitation after 18
2. intoxicated at ceremony
3. duress
4. Fraud - misrepresentation of material fact that goes to an essential aspect of the marriage
* religious beliefs, procreation ability, prior sexual activity may be material
* lies relating to money, property, or social status are never material
What are the grounds that make a marriage void?
1. Lack of mental capacity
2. bigamy
3. consanguinity
Grounds for at-fault divorce
1. Adultery
2. Desertion for >12 months - could be constructive like refusal to have sex
3. criminal conviction for >3 years
4. Cruelty - if no reasonable expectation of reconciliation
5. Excessive Vicious Conduct
6. Insanity
Defenses to divorce
Condonation - if after knowledge of misconduct, spouse forgives, and resumes sexual relationship, the grounds for divorce are deemed waived
Recrimination - unclean hands because divorce is equitable remedy
Three types of alimony
Pendente Lite - during litigation for dependent spouse
Indefinite - hard to get. Must show spouse is unlikely to ever become self supporting or living standards would be unconscionably disproportionate
Rehabilitative - tied to period of time necessary to get education or job training
How is child support determined?
Table provides amount and noncustodial parent pays percentage of that amount equal to the percentage of income
How is child custody determined?
Best Interests of the child. Some factors include age and health of parents, wishes of kid if over 12, any criminality, keeping siblings together, contact with extended family.

Nonparents must show exceeding circumstances where parent is unfit or it would be injurious for child