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11 Cards in this Set

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  • Back
What is required to show that the defendant's interference with the use and enjoyment of plaintiff's property is unreasonable in a private nuisance?
The characterized as unreasonable, the severity of th einflicted injury must outwiegh the utility of defendant's conduct,
Can specific instances of conduct be used to prove character when character is at issue in the case, or only reputation and opinion?
Specific instances of conduct can be used to prove character when character is an issue in the case.
When will a state statute be struck down for violating the contract clause?
In order for a state statute to be struck down under the contract clause, it must interfere with a private K (intermediate Scrutiny) or federal K (strict Scuritiny, and the statute must have been enacted after the contract was formed.
Is late performance treated as a breach of K, excusing the non-breaching party from performance?
No, generally late perforamce of a K is treated as a minor breach, unless the K requires timely performance. If not, than it's treated as a minor breach that gives the non-breaching party the right to damages, but does not relive him of his duty to perform.
What is requires to recover in a failed cotractual relationship btw parties?
all that is necessary is a showing of unjust enrichment. The party seeking relief must show that his expectation of being compensated is reasonable and that the benefits were conferred at the express or implied request of defendant, but all is assumed if unjust enrichment occurs.
What is the negligence standard of care for children?
Under the age of 4: Incapable of Negligence
Btw 4 and 18: Hypothetical child of the same, Age, Experiences, and Intelligence.
What is the culpability requirement for children?
Under 7: Absolute defense
7-14: Rebuttable presumption that they don't have the mens rea
Can the date of birth of a person be judicially noticed?
No, a birthdate (other than a famous person) is not the type of fact that a court will recognize as true without formal representation of evidence.
Can a tenant remove improvements made to the leased land?
Yes, if there is no agreement to the contrary and there was no intention to benefit the landlord, the chattels do not become fixtures, and can be removed if she repairs any damages done by removal
When can the prosection present character evidence before the defendant has offered evidence of his good character?
it is admissible to prove MIMIC, but the probative value can't be outwieghed by unfair prejudice
If A agrees to lease Blackacre from B for 5 years, and in the 2nd year the state takes it under eminent domain, what is A, the leasee entitled to?
A leasehold is a property interest and A has a constitutional right to compensation for the property taken through eminent domain.