Md Law

Front 1

Explain the meaning of the word by taking it out of context and without considering the purpose behind the rule. Having defined the word in question in the same way a dictionary might apply it to the fact situation

Back 1

Formalist, Doctrinal Argument

Front 2

Imagine the purpose which lies behind the rule and define the word in light of this purpose. Notice that most rules can be explained by many conflicting purposes, so you have to considerable flexibility

Back 2

Purposive, Doctrinal Argument

Front 3

Tie the rule to the facts of the case so that it would not be capable of deciding a case in which the facts were even marginally different

Back 3

Narrow, Doctrinal Argument

Front 4

Take each of the phenomena in the case and make them as abstract as you can

Back 4

Broad, Doctrinal Argument

Front 5

Combine the methods with a factual and legal recategorization of what has happened in the case at hand, so as to make other cases seem more or less relevant.

Back 5

Factual and Legal manipulation, Doctrinal Argument

Front 6

We need a firm rule - can easily be administered by judges and which will enable citizens to order their affairs in the sure knowledge of what the law is

Back 6

Judicial Admin Formal Realizablity

Front 7

We need a flexible standard- should adopt flexible standard, maintaining confidence in the courts ability to mete out equitable justice on a case-by-case basis

Back 7

Judicial Admin Formal Realizability

Front 8

This issues should be decided by the courts

Back 8

Institutional Competence

Front 9

This issues should not be decided by the courts

Back 9

Institutional Competence

Front 10

a) Form v. Substance
i) A contract is a contract
ii) unequal bargaining power

Back 10

Social welfare or Social Utility, Moralality or fairness

Front 11

b) Freedom v. Security
i) State should only require us to refrain from certain action, not require us to act

ii) A seriously ill person ought to be able to be secure in the knowledge that a doctor will treat her

Back 11

Social welfare or Social Utility, Morality or fairness

Front 12

a) Flexibility
b) Stability

Back 12

Deterrence (Social Utility) deter good conduct v. deter bad conduct

Front 13

land and certain interest in property which are considered to be land or interest in law by the law of the jurisdiction

Back 13

Real Property

Front 14

From roman times, any property that could be recovered in an action was called real property

Back 14

Res

Front 15

from roman times when you could not recover the actual property and you won an action you recovered personal property

Back 15

Personal action

Front 16

the P recovers the property itself

Back 16

In specie action

Front 17

resulted in a judgment for money damages rather than for restitution in specie

Back 17

Personal action

Front 18

action for P seeking to recover possession of land wrongfully withheld from them

Back 18

Ejectment

Front 19

a damage remedy for any direct and tortious interference with the actual possession of either land or chattels

Back 19

Trespass

Front 20

a remedy for the tenant whose chattels had been wrongfully distrained( to seize and hold property)

Back 20

Replevin

Front 21

action for the mere wrongful withholding of possession, provided an remedy option of either returning the chattels or paying their value as damages

Back 21

Detinue

Front 22

action for recovery of damages for wrongful taking of personal property

Back 22

Trover

Front 23

the nonpermissive occupation of another's land, which possession, if continued for the period of the statute of limitations on actions to recover land, will give the occupier the estate owned by the person then legally entitled to possession. A person who is or may be in adverse possession of another's land is called a "disseisor," and the displaced owner is the "disseisee"

Back 23

Adverse Possession

Front 24

property that may be held only for the extent of the property holders lifetime

Back 24

life estate

Front 25

return to the former condition

Back 25

reversion

Front 26

future interest given to a person that is capable of becoming possessory upon the natural end of a prior estate created by the same instrument

Back 26

remainder

Front 27

(1) The remainder is given to a presently existing and ascertained person, and
(2) It is not the subject to a condition precedent

Back 27

vested remainder

Front 28

(1) it is given to an unascertained or unborn person
(2) it is made contingent upon the occurrence of some event other than the natural termination of preceding estates

Back 28

Contingent remainder

Front 29

absolute title to land, free of any other claims against the title, which one can sell or pass to another by will or inheritance

Back 29

Fee simple absolute

Front 30

stays in possession of the LO on the theory that one day you may remember where you laid it down and it should be there for you to go get

Back 30

Lost property

Front 31

a title document that appears on its face to convey good title but which, for some reason that does not appear on its face is defective

Back 31

Color of title

Front 32

one who puts another out of possession of his land wrongfully

Back 32

disseisor

Front 33

One who is wrongfully put out of possession of his land

Back 33

disseisee

Front 34

transfer of title to property from one person to another

Back 34

conveyance

Front 35

establishment of first possession of land by walking on a property and defining its bounds, possession is established

Back 35

pedis possessio

Front 36

a successive or mutual interest in or relationship to the same property

Back 36

privity

Front 37

is possession, actual or constructive, of a possessory estate or freehold in land

Back 37

seisin

Front 38

an estate of greater duration(theoretical duration) than a period of years

Back 38

estate of freehold

Front 39

the greatest interest one can have in land

Back 39

Estate in fee simple (Ownership)

Front 40

interest in land that has the duration of a given life or lives

Back 40

life estate

Front 41

interest in land that entitles us to a present interest in land

Back 41

possessory estate