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109 Cards in this Set
- Front
- Back
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Real Property future interest for fee simple determinable Frank Sinatra Didn't Prefer Orville Redenbacker |
Fee Simple Determinable >> Possibility Of Reverter |
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Real Property future interest for fee simple subject to condition subsequent Bobby Brown |
"It's my prerogative" >> estate doesn't automatically end, but it can be cut short at the grantor's option if the stated condition occurs |
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Real Property
exceptions when life tenant can consume/exploit natural resources on property
PURGE |
Prior Use (but no further development) Repairs Grant Exploitation is only use for land |
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Real Property
creation of a joint tenancy
TTIP |
joint tenants must take their interest *at the same Time *by the same Title (instrument) *with Identical shares *with right to Possess the whole |
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Real Property
severance of a joint tenancy
SPAM |
Sale Partition And Mortgage (minority - title theory) |
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Real Property
when T breaches duty to pay rent and is out of possession
SIR |
Surrender: LL treat T's abandonment as implicit offer to surrender which LL accepts (if term > 1 year, need writing to satisfy SoF) Ignore: LL ignore the abandonment and hold T responsible for unpaid rent (minority) Re-let: re-rent the premises on the T's behalf and hold T liable for an deficient (majority - LL must at least make good faith effort to re-let) |
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Real Property
elements of constructive eviction when implied covenant of quiet enjoyment has been breached
SING |
Substantial Interference due to LL's actions or failures Notice must be given and LL fails to act meaningfully Get out T vacates w/in reasonable time after LL fails to fix |
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Real Property
T's options when implied warranty of habitability is breached
MR3 |
Move out & end lease Repair & deduct Reduce rent (put withheld portion in escrow) Remain in possession and seek damages |
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Criminal Law
specific intent crimes
Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts |
Solicitation Conspiracy Attempt First degree murder Assault Larceny Embezzlement False Pretenses Robbery Burglary Forgery |
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Real Property
categories in which negative easements are recognized
LASS(S) |
Light Air Support Stream water form an artificial flow (minority) Scenic view |
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Real Property
creation of an affirmative easement
PING |
Prescription (adverse possession) Implication (existing use) Necessity Grant |
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Real Property
elements of adverse possession
COAH |
Continuous Open and notorious Actual Hostile |
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Real Property
termination of an easement
END CRAMP |
Estoppel Necessity Destruction of servient land
Condemnation of servient land Release Abandonment by physical action Merger doctrine (unity of ownership) Prescription (adverse possession by servient owner) |
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Real Property
covenant - elements for burden to run
WITV HN |
Writing Intent Touch and concern the land Vertical privity (successor)
Horizontal privity (original parties) Notice |
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Real Property
covenant - elements for benefit to run
WITV |
Writing Intent Touch and concern the land Vertical privity (successor) |
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Real Property
equitable servitude - elements to bind successors
WITNES |
Writing Intent Touch and concern the land Notice for Equitable Servitude |
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Real Property
forms of notice
AIR |
Actual Inquiry Record |
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Real Property
real defenses
MAD FIFI4 |
Material Alteration Duress
Fraud In the Factum Incapacity Illegality Infancy Insolvency |
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Real Property
when deeds are void
F*@! aND F*@! F*@! says the BFP who loses |
deed or conveyance set aside even if held by BFP
Forged Never Delivered Fraud in the Factum |
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Real Property
when deeds are voidable
Last Christmas' BFD: Francesca Ingells and Ulysses Irwin Married and Divorced in 6 days |
deed will be set aside unless property has passed to a BFP
Lack of Capacity Breach of Fiduciary Duty Fraud in the Inducement Undue Influence Mistake Duress |
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Real Property
when is there an equitable mortgage
Did Peter RIP A Page From Dan's Prized Notebook |
Debt/promise to pay Promise to Return If Paid Advance < Property value grantor's Financial Distress Prior Negotiations between parties |
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Constitutional Law
justiciability issues
federal judge cannot SMAC or RAPE
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Standing Mootness Abstention Controversy
Ripeness Advisory Political question Eleventh amendment
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Constitutional Law
standing
Can I Really Not Get Every Cent Nor Take Party's Stupid CROUTA
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Causation Injury Redressibility No Generalized grievance Establishment Clause (narrow and only re: money) No Third Party Standing Close Relationship Organization Unable To Assert
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Constitutional Law
political question doctrine
FRIG |
President's conduct of Foreign policy Republican form of government Impeachment & removal partisan Gerrymandering |
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Constitutional Law
how SCOTUS hears cases
W3B |
Writ of certiorari 3 judge district court appeal Between state governments |
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Constitutional Law
Congressional police power
MILD |
Military Indian reservations Land & territories D.C. |
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Constitutional Law
Congressional Powers
green v. red |
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Constitutional Law
Presidential Powers
The president can eat at PF chang's with one CAVEAT |
Pardon Foreign policy
Commander in chief Appointment & removal Veto Executive orders & agreements & privilege Advise Treaty |
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Constitutional Law
federal limits on state power
SI.DC.I.ks S.TIC.K. II Assisting Fighting Felony Crime |
Sovereign Immunity Dormant Commerce clause Incorporation (ks)
Supremacy clause Taxation of Interstate Commerce K clause
Intergovernmental Immunity
Article 4 privileges & immunities
Full Faith and Credit
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Constitutional Law
where private conduct must comply with the Constitution
constitution reaches longer when there's EXTENDED PLAY |
Entanglement - government affirmatively authorizes, encourages, or facilitates unconstitutional activity found: racially restrictive covenants, lease premises to racially discriminating business, provide supplies to racially discriminatory schools, private entity regulates interscholastic sports w/in state NOT found: gov't subsidy to school, NCAA orders re: coaches even at public schools, private club that has state issued liquor license discriminates Public function - task traditionally, exclusively done by the government |
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Constitutional Law
Levels of Scrutiny
Ralph Lauren Sits In New Chairs |
Means - Ends
Rationally - Legitimate
Substantially - Important
Necessary - Compelling |
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Constitutional Law
Rational Basis Test
RL |
A law will be upheld if it is RATIONALLY related to a LEGITIMATE government purpose.
challenger has burden of proof *goal just has to be something permissible for gov't to do *actual purpose doesn't have to be legitimate so long as some achieved purpose is *very deferential to government
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Constitutional Law
Intermediate Scrutiny
SI |
A law will be upheld if it is SUBSTANTIALLY related to an IMPORTANT government purpose.
government has burden of proof *goal has to be more than legitimate, must be important *court only looks at gov't actual purpose, not any possible purpose *means are narrowly tailored - good way to achieve ends (doesn't have to be the best way) |
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Constitutional Law
Strict Scrutiny
NC |
A law will be upheld if it is NECESSARY to achieve a COMPELLING government purpose.
government has the burden of proof *goal must be crucial, vital *means - no less restrictive alternative could achieve the ends *look only at government's actual purpose |
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Constitutional Law
procedural due process
1. deprivation of life, liberty, or property
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liberty = significant freedom protected by law property = entitlement (reasonable expectation to continued receipt of a benefit)
negligence is NOT enough - need intention or reckless act
if emergency led to deprivation, must shock the conscience
gov't failure to protect from private harm fails unless gov't literally created danger or occurs when person in gov't custody |
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Constitutional Law
procedural due process
2. adequate process |
balance: *importance of interest to individual *ability of additional procedures to increase accuracy of fact-finding *government's interests
when need pre-termination: welfare, school discipline, child custody, seizure of assets (unless illegal use or risk destruction of evidence), U.S. citizen as enemy combatant when DON'T need pre-termination: SS disability, corporal school discipline |
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Constitutional Law
Rational Basis Review
when it applies
D._W.AG.ER. seems SO.FT. but then Acts CA.GI. |
Disability Wealth Aliens in Government (voting, jury duty, cop, teacher, probation officer) Economic Rights
Sexual Orientation Foreign Travel
Age
Congress and Aliens Gender Impacting only (no intent) |
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Constitutional Law
Intermediate Scrutiny
when it applies
ReCaLl when CaSey said "IPCS" because ChaNSey L.AUC.ed the keys in the car. |
Retroactive Civil Laws Commercial Speech Interference in Private Contracts by State Content Neutral Speech Legitimacy Alien Undocumented Children |
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Constitutional Law
Strict Scrutiny
when it applies
V.P. MIS SIGC R.A.NO. the CBS PRoGraM about PReScribing Reclipsen |
Voting Privacy Moving Into State State Interference w/Government Contracts Race Alienage National Origin classifications Content-Based restrictions on Speech Prohibit/punish or Require disclosure of Group Membership Prior Restraint on Speech Religion
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Constitutional Law
Strict Scrutiny - Privacy
Canada's Most Favorite CUP |
Contraceptives Marriage keeping Family together
Custody of children Upbringing of children Procreations |
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Constitutional Law
Level of Scrutiny - Unclear |
*engage in private homosexual activity *refuse medical treatment *right to bear arms |
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Constitutional Law
Level of Scrutiny - meet balance |
*gov't conditions on development of property (benefit-burden) *regulations of electoral process to prevent fraud |
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Constitutional Law
Level of Scrutiny - no undue burden |
*abortion regulations |
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Constitutional Law
There is no right to |
*physician-assisted death *travel internationally *education *practice a trade or profession |
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Constitutional Law
Heightened Intermediate Scrutiny
ends: exceedingly persuasive justification |
*gender classifications |
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Constitutional Law
CBS types |
subjection matter restriction
view point restriction |
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Constitutional Law
to require speech licenses
PINC |
Procedural safeguards Important reason No discretion Clear criterai |
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Constitutional Law
free speech framework |
content based or neutral (no) prior restraint vague & overbroad symbolic speech anonymous by the government |
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Constitutional Law
regulation of symbolic speech
SIN |
not related to SUPPRESSION of message IMPORTANT gov't interest impact is no greater that NECESSARY |
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Constitutional Law
unprotected/less protected speech
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obscenity prurient (local) offensive (law) lack redeeming value (national) commercial speech tortious: defamation & IIED incitement of illegal activity |
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Constitutional Law
places available for speech
Please Don't Lecture Near Princeton |
Public forums Designated public forums Limited public forums Nonpublic forums Private property |
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Constitutional Law
(designated) public forums regulations
time, place & manner
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Neutral on subject matter & viewpoint Important government purpose Adequate alternative places Narrowly tailored Not least restrictive |
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Constitutional Law
limited public & nonpublic forum regulations
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Reasonable Viewpoint neutral |
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Constitutional Law
Free Exercise Clause |
*cannot be used to challenge a neutral law of general applicability *can't deny benefits to individuals who quit their jobs for religious reasons *may not hold religious institutions liable for choices as to who its ministers are |
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Constitutional Law
Establishment Clause
SEX |
Secular purpose for law Effect neither advances nor inhibits religion no eXcessive gov't entanglement w/religion |
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Torts
Intentional Torts |
Battery Assault False Imprisonment IIED Trespass to land Trespass to chattel Conversion |
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Torts
Transferred Intent |
Assault Battery False Imprisonment Trespass to Land Trespass to Chattel |
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Torts
IIED
Every October Some Evil Demon Incites Rebellion Causing Destruction |
Extreme & Outrageous conduct Severe Emotional Distress Intent or Recklessness Causation Damages |
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Torts
Bystander Claim for Emotional Distress
lower threshold if D aim to hurt P |
D seriously injured or killed third person P closely related to injured party P present when injury occurred D knew of P's relationship and proximity P suffered severe emotional distress
OR
D seriously injured or killed third person D had purpose to cause severe emotional distress to P by harming third person P suffered severe emotional distress
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Torts
Negligent Infliction of Emotional Distress |
*D's negligence results in close risk of bodily harm to P *D's negligence results in P's severe emotional distress *P exhibits some physical manifestation of emotional distress |
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Torts
Recovery - Trespass to Chattel v. Conversion |
Trespass: cost of repair or rental value of chattel
Conversion: full market value at time of conversion (replevin) OR repossess the chattel |
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Torts Defenses to Intentional Torts NEVER Ignore Choices in a DNR |
NEVER Incapacity Consent -- all Defense (Self, Others, Property) Necessity -- property torts Recapture -- trespass |
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Torts Slander per Se So Bad Unfortunate results Legally assumed |
Serious crime Business or profession Unchaste Loathsome disease |
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Torts Defenses to Defamation PAQCT |
Privilege Absolute (spouse, gov't, court) Qualified (reference, recommendation, stmt. to police, etc. -- public interest in candor, reasonable, good faith basis, relevant) Consent Truth |
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Torts Defamation When First Amendment rights are at stake, there are Five elements |
(1. defamatory statement identifying P) (2. publication of statement) (3. damage to P's reputation) 4. Falsity - P must show stmt. is inaccurate 5. Fault public figure >> constitutional malice (knowing or reckless) private figure >> negligence |
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Torts Privacy Torts FAID |
False Light Appropriation Intrusion Disclosure |
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Torts False Light |
material falsehood highly offensive need not be negative |
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Torts Appropriation |
name or image commercial purpose newsworthiness exception need not be negative |
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Torts Intrusion |
invasion of seclusion highly offensive reasonable expectation of privacy |
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Torts Disclosure |
confidential information highly offensive newsworthiness exception |
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Torts Misrepresentation - intentional |
*D misrepresents a past/present material fact *D knows/believes misrepresentation is false *D intends to induce P to (refrain from) act in reliance on misrepresentation *actual reliance by P *reliance by P is justifiable *damages |
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Torts Misrepresentation - negligent |
*D misrepresents past/present material fact in a business or professional setting *breach of duty of care owed to P *actual reliance by P *reliance by P is justifiable *damages |
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Torts Intentional Interference w/Business Relations |
*P had valid K relationship or business expectancy *D had knowledge of relationship or expectancy *D intentionally interferes w/relationship or expectancy *D's interference causes breach or termination of P's K or expectancy *damages |
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Torts Negligence - Standards of Care |
reasonably prudent person negligence per se (statutory) specialized (skill, landowner) res ipsa loquitor |
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Torts Negligence - Standard of Care - Landowner |
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Torts Negligence - Actual Cause tests BackStreet Boys |
But For -- concurrent causes (none alone enough) Substantial Factor -- multiple joint causes (each enough) Burden Shifting -- unascertainable/ alternative cause (unclear which possible did cause) |
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Torts Strict Liability |
Animals wild - always domestic - only if owner has knowledge Abnormally dangerous activities severe risk cannot be made safe uncommon activity Product liability D = merchant product defective product unaltered since leaving D product used in foreseeable manner |
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Torts Products Liability - Liability Theories |
Strict Liability Negligence Intent Implied Warranties Merchantability Fitness for Particular Purpose Representation Express Warranty Misrepresentation |
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Torts Products Liability - Product Defects |
Manufacturing Defect (bad apple) Design Defect (safer at comparable price) Inadequate Warning (non-obvious risk, foreseeable misuse) |
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Contracts Quasi-K BEU |
equitable remedy when: Benefit Expectation of payment Unjust enrichment recovery: vale of benefit |
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Contracts All or Nothing: determining which law to apply in mixed K Most Toddlers Scream Shrilly. |
Money allocation Time for service Sophistication of service Sales language |
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Contracts issues with offer content RAM |
Requirement/output K Ambiguous/vague material term Missing price terms (for sale K) |
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Contracts Termination Lord of the Rings Really Delights |
Lapse of time Revocation Rejection Death before acceptance |
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Contracts Limitations on Ability to Revoke PROM |
Performance started (more than preparation) Reliance detrimental reasonably foreseeable Option K promise to keep open consideration Merchant firm offer rule goods written signed promise to keep open merchant |
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Contracts Rejection MI.C. CA.SE. |
Mirror Image Counteroffer Conditional Acceptance Seasonal Expression |
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Contracts Seasonal Expression of Acceptance |
acceptance that adds new terms to K but additional terms notconsidered to be condition of acceptance -- included if both parties are merchants unless materially change OR objected to -- merely a proposal to be separately accepted or rejected if one orboth parties is not a merchant |
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Contracts Obstacles to Enforcement Lauren Conrad and Lando Calrissian Investigated SoFt Madmen at the DUMA |
Lack of Consideration Lack of Capacity Illegality SoF Misrepresentation Duress Unconscionability Mistake as to material facts Ambiguity |
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Contracts Statute of Frauds MY LEGS |
Marriage Year Long K Land Executor Goods of $500 or more Surety |
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Contracts Satisfying SoF |
performance *service K >> full performance *goods sale ---ordinary >> part performance ---specialty >> substantial beginning *real estate 2/3 writing judicial admissions |
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Contracts Material K Terms |
Common Law: who, what, who bound UCC: how many, who bound --Merchant Memo: both merchants, signed writing receives no response w/in 10 days |
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Contract Duress PE Is Not Really Awful |
Physical or Economic Improper threat No Reasonable Alternative but to agree |
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Contracts Parol Evidence Rule Can get MAD but Cannot be a CAd |
CAN use to: *show Mistake in integration (in reducing agreement to writing) *resolve Ambiguities *establish Defense to enforcement (misrepresentation, fraud, duress, etc.) --------------------------------------------------------------------------------------------- can NOT use to: *Change the written deal *Add terms |
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Contracts PER - what is NOT excluded Three Cs |
course of performance course of dealing custom & usage |
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Contracts Risk Allocation between Buyer & Seller |
*agreement controls *if breach >> breacher liable even if breach unrelated *delivery by common carrier >> risk shifts to buyer at time seller completes delivery *if seller is merchant >> on buyer at buyer's receipt *if seller is not merchant >> on buyer when seller tenders goods |
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Contracts Performance - Sale of Goods |
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Contracts Revocation of Acceptance of Goods NEIRly keep - but don't |
Nonconformity impairs value Excusable Ignorance or reasonable reliance on seller Revocation w/in reasonable time |
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Contracts Rejection & Revocation |
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Contracts Non-monetary Remedies for Unexcused Nonperformance SPIRR |
Specific Performance Injunction Reformation Reclamation |
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Contracts Reclamation |
*buyer insolvent when receives goods *seller demands return w/in 10 days of receipt (or before delivery if buyer lied about solvency) *buyer still has good at time of demand |
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Contracts Measure of Damages Don't ERR in repairing plaintiff |
Expectation: if K had been performed Reliance: if K had never happened -- look at P Restitution: if K had never happened -- look at D |
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Contracts UCC Damages - Seller Breaches |
buyer keeps goods: goods + difference between goods if perfect and as delivered seller keeps goods: FMV discount from K or difference between replacement & K price |
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Contracts UCC Damages - Buyer Breaches |
buyer has goods: K price seller has goods: FMV discount from K or difference between replacement & K price |
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Contracts Other Damage Provisions I Don't Foresee Certain Devices Making Cramming Last |
Incidental Damages Foreseeable Consequential Damages Mitigation Certainty Limitation |
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Contracts Excuse of Nonperformance FAILL |
Failure of performance condition Anticipatory repudiation/inability to perform Improper performance (material breach) Later contract Later unforeseen event |
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Contracts Conditions |
performance condition: limits obligations created elsewhere in K conditional acceptance: change terms of offer >> new offer express condition: necessary trigger for K to proceed (if, provided that, so long as, subject to, in the event that, unless, when, until, on the condition that) |
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Contracts Nonperformance - Later K Red AS New Merlot |
Rescission Accord & Satisfaction Novation Modification |
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Contracts Nonperformance - Later Unforeseen Event In Italy Dogs Don't Sunbathe |
impractical v. impossible damage/destruction of K subject matter death of a party subsequent law or regulation |
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CivPro Big Picture J.V. Soccer Players Drive To Accelerate |
jurisdiction venue service pleadings discovery trial appeal |
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CivPro
Personal Jurisdiction |
minimum contacts so as not to offend traditional notions of fair play & substantial justice
Contact --purposeful availment --foreseeability Relatedness --specific (actions arises there) --general (where domiciled) Fairness (specific only) --burden on D & witnesses --state's interest --P's interest
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