Pa Distinctions - Other

Front 1

Standing to Challenge an Evidentiary Search or Seizure

Back 1

Persons on the premises during the search have automatic standing to assert a violation of their constitutional rights.

1. present at the time of the search
2. possessory interest in the evidence improperly seized
3. possession was an essential element of the prosecution's case
4. proprietary interest in the premises searched

Front 2

Good Faith exception to the warrant requirement?

Back 2

Rejected in PA; A warrant invalid because it was not based on probable caused cannot be saved merely because it was reasonable on its face.

Front 3

Destructibility of Contingent Remainders

Back 3

Still in Effect in PA.

A contingent remainder was destroyed if it was still contingent at the time the preceding estate ended.

Front 4

Rule in Shelley's Case

Doctrine of Worthier Title

Back 4

Both abolished in PA

Front 5

Joint Tenancy

Back 5

if mortgage executed by all joint tenants, then joint tenancy is not severed

If mortgage executed by fewer than all, then the joint tenancy is destroyed and a tenancy in common is created.

Front 6

Tenancy by the Entirety

Back 6

Created in the absence of clear and convincing evidence to the contrary whenever a conveyance is made to husband and wife.

Is destroyed by divorce. If divorce couple remarries, will need to reconvey to get Tenancy by the Entirety status back.

Front 7

Tenancy by the Entirety, right of survivorship if one spouse kills the other?

Back 7

Dead spouse's share goes to her estate; when other spouse dies their share goes to the victim spouse's estate.

Front 8

Conveyance of tenancy by the entirety to unmarried people?

Back 8

Creates Joint Tenancy with Right of Survivorship

Only married people can have tenancy by entirety

Front 9

Destruction to Leased Property without Fault?

Back 9

PA allows a tenant to surrender possession when substantial destruction t othe property has occurred without the tenant's fault.

Front 10

Tort Liability of Landlord Tenant

Back 10

Landlords have a general duty of reasonable care. A landlord who retains control over property is liable for injuries if, by the exercise of reasonable care, the landlord could have discovered the condition and made it safe.

Front 11

Landlord liability for security problems?

Back 11

reasonable duty of care does not extend to third party criminal acts, unless the landlord undertakes to secure the area and fosters a reliance by his tenants on the landlord's efforts

Front 12

Adverse Possession?

Back 12

21 Years

Paying property taxes is not required for est. title by adverse possession.

Front 13

Doctrine of Equitable Conversion

Back 13

Doctrine of Equitable Conversion is followed and the risk of loss passes to the buyer on the signing of the land sale contract.

The mere act of entering into a k for sale makes purchaser the holder of equitable title and they bare the risk of loss.

Front 14

Recording

Back 14

Proper recording of a deed will provide constructive notice even if it is defectively indexed.

PA is a Race Notice Jurisdiction

Front 15

Title Theory?

Back 15

PA follows the title theory of mortgages - i.e. a mortgagee holder holds title to the land, not just a lien

mortgage transfers title to a property to the mortgagee, who holds it until the mortgage has been paid off, at which time title passes to the mortgagor

Front 16

Foreclosure and Redemption?

Back 16

PA does not give the mortgagor a statutory right to redeem the property after the foreclosure sale has occurred.

Front 17

Informed Consent and Battery?

Back 17

Operating on a patient without informed consent is a battery in PA.

Front 18

Shoplifting Detentions?

Back 18

Are not false imprisonment if there is probably cause.

Whether there is probable cause is a question of law for the court to decide.

Front 19

Duty to Retreat?

Back 19

Duty to retreat before using deadly force unless actor is in own home or place of work and assailant is not coworker.

Front 20

Defamation

Back 20

PA requires a showing of fault in all defamation cases.

Front 21

Defamation - Slander Per Se?

Back 21

injury presumed when:
1. statement imputing business conduct
2. claim that P has a loathesome disease
3. words imputing an indictable criminal offense
4. allegation of serious sexual misconduct
5. charge of communism
6. statement imputing insolvency, etc.

Front 22

Proof of Malice - republication

Back 22

Republication after the filing of a complaint may be proof of malice in a public figure case (public figure required to show actual malice)

Front 23

Matters of Purely Private Concern or Public

Back 23

negligence required

Front 24

Wrongful Birth, Wrongful Life Actions?

Back 24

Does not exist in PA; however this doesn't apply to actions for negligent failure to properly perform a contraceptive procedure

Front 25

Medical Malpractice - Medical Negligence

Back 25

When a physician's negligence is a substantial factor in causing a patient's injury, P does not have to prove to a certainty that the proper care would have prevented the injury. If there was any substantial possibility of avoiding the injury and teh doctor has destroyed that possibility he is liable.

May show by evidence that the risk of incurring the injury was increased by the doctor's negligent conduct.

Front 26

Legal Negligence - Malpractice

Back 26

To prove an actual injury, P must show she would have won the underlying case absent the attorney's alleged negligence.

Front 27

Minimum Age for Capacity to be Negligent?

Back 27

Children under 7 are not capable of negligence.

Children from 7 to 14 are rebuttably presumed to be incapable of negligence;

Children over 14 are presumed to be capable of negligence.

Front 28

Common Carriers and Inkeepers - duty of care?

Back 28

Owe patrons the highest duty of care.

Front 29

Duty of Possessor of Land to Those off Premises

Back 29

possessor is liable for harm caused on adjacent property by the condition of a tree if the exercise of reasonable care would have disclosed the condition and the risk involved and the condition could have been made reasonably safe.

Front 30

Duty owed to a trespasser?

Back 30

No duty owed to undiscovered trespasers. However, a duty to refrain from waton conduct (reckless disregard of a risk so great as to make harm highly probable) or willful conduct (intentional act of unreasonable character or risk known or so obvious the actor must be aware of it).

Refrain from wanton or willful conduct.

Front 31

Negligent infliction of emotional distress?

Back 31

Recovery possible under:
1. impact rule (physical injury caused to defendant)
2. zone of danger (P was in personal danger of physical impact)
3. bystander rule (P observes D injure a close relative)

P must suffer a physical manifestation of emotional distress to recover (includes depression, anxiety, stress, and nightmares).

Front 32

Good Samaritan Statute

Back 32

applies to medically trained / certified people and volunteers (like coaches, etc.)

not liable for negligent rescue

liable for grossly negligent rescue

Front 33

Partial Comparitive Negligence

Back 33

Recovery barred only when P's negligence exceeds the combined negligence of all defendants. (P can only recover if was 50% or less at fault)

Front 34

Dog Bites

Back 34

Always a negligence standard; strict liability does not apply even if dog bit before.

Front 35

Products Liability: Strict Liability and Comparitive Negligence

Back 35

Defenses of assumption o frisk, misuse of the product, highly reckless conduct, and product alterations are complete defenses to liability.

Failure to discover or guard against the existence of a defect (negligence) is no defense.

A P's ordinary negligence may not be admitted in a strict products liability action unless it is shown that an accident was solely the result of the user's conduct and not related to the defect in the product.

Gov. contractors can raise a government immunity defense for products prepared to government specifications.

Front 36

Implied warranties of merchantability and fitness?

Back 36

Implied warranty protection to a buyer's family extends to a buyer's family, household, and guests who suffer personal injury.

Front 37

Nuisance per se

Back 37

Nuisance per se:
use of land that is generally recognized as injurious to health or welfare of the community (proof of the act is proof of the nuisance)

Front 38

Private Nuisance?

Back 38

conduct that is:
1. intentional and unreasonable or
2. unintentional and otherwise actionable under the rules controlling liability for negligent or reckless conduct or for abnormally dangerous conditions or activities. For damages to be available, P must have suffered significant harm.

Front 39

Nuisance and Existing Agricultural Operations?

Back 39

nuisance may not be brought against an agricultural operation that has been lawfully operating for at least one year if the condition complained about is part of normal agricultural operations; if facilities expanded w/in past year can avoid liability by showing plan was approved by the state prior to expansion

Front 40

Tavernkeepers Vicarious Liability

Back 40

Under PA Dram Shop Act, it is unlawful for bartender to serve minors or visibly intoxicated persons.

Front 41

Adult Social Hosts Liability?

Back 41

liable for knowingly serving alcohol to a minor who subsequently injures himself or a third party; never liable for serving an intoxicated adult

Front 42

Liability Releases?

Back 42

a release of one tortfeasor does not discharge the other tortfeasors unless expressly provided in the release agreement

Front 43

Intra-Family Tort Immunity

Back 43

PA has abolished both husband-wife immunity and parent-child immunity

Front 44

State Gov. and Municipality Immunity?

Back 44

Waived in 8 categories:
1. vehicle liability
2. care, custody, or control of personal property
3. real property
4. trees, traffic controls, and street lighting
5. utility service facilities
6. streets
7. sidewalks
8. care, custody or control of animals

Front 45

Charitable Immunity

Back 45

abolished in pa