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78 Cards in this Set

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What are the four types of legal relief?
1. Replevin
2. Trover
3. Trespass
4. Ejectment
What is replevin?
Replevin is a type of legal relief seeking claim and delivery. Formerly known as deinue.
Used to recover possession of goods from another. Type of legal relief.
What is trover?
Trover is used to recover the value of goods from a wrongdoer.
Type of legal relief.
What is trespass?
Trespass is used to reocver damages for the wrongful taking of goods or for the wrongful entry onto land. Referred to as an action for damages.
Type of legal relief.
What is ejectment.
Used to recover possession of land from another.
Type of legal relief.
Generally, what two elements constutite possession?
1. Physical control over the item AND
2. an intent to control it OR to exclude others from it.
no hint.
Give five examples of possession.
1. Killing.
2. Trapping.
3. Spotting.
4. Unconscious possession.
5. Landowner's possession (constructive possession).
What are five types of possessors?
1. Consensual possessors.
2. Nonconsensual possessors.
3. Owners fo space.
4. Custodians.
5. Possessors of containers.
What are examples of consensual possessors, and what are they also called?
Borrowers, coat-checkers, auto-mechanics. Also referred to as bailees under a bailment transaction.
With the OWNER'S consent. Type of possessor.
What are examples of nonconsensual possessors and what are they also called?
Finders and thieves, also known as constructive or involuntary bailees.
without the OWNER'S consent. Type of possessor.
What is an owner of space?
Those who do not take possession of goods that are stored in a space they control, such as unatteneded pay-parking lots, a wallet under a sofa, wet-umbrella stand.
Type of possessor.
Space-owners' duties are determined by ____ rules, not by bailment rules.
Space-owner is a type of possessor.
A custodian who holds goods subject to direction and control of the owner is difficult to distinguish from ___.
Possessors. E.g., a friend or customer examining a book shown to him by the owner.
Type of possessor.
What is a possessor of containers?
Not necessarily having possession of CONTENTS of he container, if contents are unknown to him (briefcase, purse, coat, car).
Type of possessor.
Describe a truel bailee's duty to retudn goods.
Absolute duty to return to the owner, and liable if he fails to do so, even if good were stolen or accidentally destroyed.
Describe an involuntary bailee's duty to return goods.
May be liable for nonreturn only if it results from his negligence.
Describe a space owner's duty to return.
No duty to return what was never his to possess unless he has agreed to do so or because a court so decides in special cases.
Where the bailee is doing a favor for the owner by holding her goods for her, what is the bailee's duty of care?
SLIGHT care- liable only for gross neglience. Finders who see but do not pick up goods come under a slight care standard.
Where the bailment is for the bailee's benefit (e.g., bailee borrows from bailor), what is the duty of care?
Extraordinary care- falls short of absolute duty (no liability for damage from an earthquake).
Where the bailment is for the bailor's and bailee's mutual benefit, what is the standard of care?
Ordinary care- bailee is liable for ordinary negligence, such as when owner pays shipper to transport goods or when hotel guest stores valuables in hotel safe.
Where no bailment is involved (e.g. parking lot), owner of space owes what duty of care?
What is meant by "no jus tertii defense"?
One person cannot take or withold goods from another merely because they are owned by a third person; the person from whom they were taken may still have a better claim to them than does th one who took them from her.
What is meant by a hierarchy of claims?
A possessor may demand goods back from a third person but must also return them to the owner is demanded.
Whose claim is STRONGER if the finder is a trespasser on the property, the landowner or the finder?
the landowner's claim is stronger.
Whose claim is STRONGER if the finder is on the property for a limited purpose only, the landowner or the finder?
The landowner's claim is stronger.
Whose claim is WEAKER if the finder is on the property as an employee of the landowner?
The finder's claim is WEAKER
Whose claim is STRONGER when the finder has agreed to give any found goods to the landowner?
The landowner's claim is stronger.
What are four situations in which the finder's claim to found goods is weaker (STATUS OF THE FINDER)?
1. Finder is a trespasser
2. Finder is there for a limited purpose only
3. Finder is there as an employee of the landowner
4. Finder has agreed to give any found goods to landowner (e.g., hotel and housekeeping crews)
Is a finder's claim weaker if the goods were found on public property or if the goods were found on private property?
The claim is weaker if the place is PRIVATE.
Which is more likely to be awarded to the landowner- goods found UNDER the soil or goods found ON the soil?
Goods found UNDER the soil are generally awarded to the landowner, unless it is a treasure trove belonging to the state (intentionally buried).
What is a gift?
A gift is a voluntary transfer of property by the owner for no consideration.
What is an inter vivos gift?
A gift is inter vivos if it is between a living donor and the donee and if the donor intends the gift to take effect immediately, irrevocably, and unconditionally.
What is a causa mortis gift?
A gift is causa mortis if the donor makes it in anticipation of the donor's imminent death.
What is a testamentary gift?
A testamentary gift becomes effective only at the donor's death. It generally must be made by a will.
What three elements are necessary for an inter vivos gift?
1. Intent.
2. Delivery.
3. Acceptance.
The gift must be absolute, irrevocable, and uncondition, but those are NOT the three necessary elements.
Is a gift subject to condition precedent a valid gift?
NO, there is no present transfer.
example: engagement ring
Is a gift subject to a condition subsequent a valid gift?
YES, but it can be revoked if the condition subsequently occurs. IT IS A PRESENT TRANSFER.
Describe Gruen v. Gruen.
"In honor of your birthday, which is today, I give you my painting. However, I am going to keep possession of it until my death." Use of present tense shows intent to make present transfer. Because son cannot take immediate possession, it is a present transfer of a future interest in the painting.
What are the two types of valid delivery of gifts?
1. Actual delivery
2. Constructive delivery
When is constructive delivery acceptable?
When actual delivery is impossible.
When does an adverse possessor become a rightful possessor?
When the statute of limitations has run, the adverse possessor effectively acquires a decree of quiet title against the former ownder. He is then functionally treated as the owner.
Adverse possession must be ____ and _____.
continuous and uninterrupted.
What is the common law requirement for adverse possession?
open and notorious possession for a sufficient period of time
Adverse possestion must be _____, ______, ______, _____.
1. open and notorious
2. actual
3. exclusive
4. adverse; hostile
Present estates in land are classified according to their _____.
estates in land
What are the types of freehold estates?
1. Fee simple
2. fee tail
3. life estate
estates in land
What is a fee simple?
This estate has the greatest potential duration of any form of interest in the common law system. It is inheritable by heirs of the owner, and will endure so long as the then current owner dies with heirs; it is potentially infinite.
estates in land
What is a fee tail?
The second most enduring common law estate; inheritable by issue of teh current owner, but not by collateral heirs; children would take, but not parents, nephews, aunts, etc.; duration was potentially shorter than that of the fee simple. MOST JURISDICTIONS HAVE ABOLISHED OR MODIFIED FEE TAIL.
estates in land
What is a life estate?
Not inheritable, and therefore endures only so long as the holder of the estate lives. Duration is smaller than that of fee estates.
estates in land
What are the creating words for a determinable estate?
"so long as" or "until" and the grant should make plain that the estate is to end automatically if the continegency occurs.
estates in land
What kind of estate can be made determinable?
ANY kind.
estates in land
What are the creating words for a condition subsequent?
"but if..." or "on the condition that..." or "provided that..."
estates in land
When is an estate subject to a condition subsequent?
When the estate is subject to elective, rather than automatic termination upon teh occurence of a stated condition.
estates in land
What kinds of estates are transferrable?
All of them, but can give more then you have.
estates in land
What is a future interest?
A future interest is a nonpossessory interest in land which does not entitle its holder to take possession of the land now, but provides that he will or may do so in the future. It is a present property interest, which its owner may convey or devise to other persons before it ever becomes possessory.
estates in land
What are the five types of future interests?
1. possibility of reverter
2. power of termination
3. executory interest
4. remainder
5. reversion
estates in land
What is a possibility of reverter?
The (future) interest retained by a grantor when a grantee has been given a determinable estate.
estates in land
What is the power of termination?
The (future) interest retained by a grantor when the grantee has been given an estate subject to a condition subsequent. If the condition subsequent occurs, the grantor may elect to bring about a forfeiture of the previous estate and a retransfer of the title. Also known as right of reentry or right of entry.
estates in land
What is an executory interest?
The (future) interest created in a third person when the grantor has created a defeasible estate in the grantee. Third person equivalent to a possibility of reverter or power of termination.
estates in land
What is a reversion?
The (future) interest retained by the grantor when he gives away a smaller estate than he holds.
estates in land
What is the Rule Against Perpetuities?
No interest is good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest. The rule of perpetuities makes certain nonvested future interests invalid if there is any possibility that vesting might not occur beyond a date int eh future more than 21 years after the expiration of life now in existence. An interest which may vest or fail to vest too remotely in the future is held to be immediately invalid.
estates in land
What interests are exempt from the rule against perpetuities?
vested remainders, reversions, possibilities of reverter, and powers of termination
estates in land
What interets are subject to the rule against perpetuities?
contingent remainders, executory interests, remainders subject to open, and options
estates in land
If both present and future interests are given to _____, there is an exception to the rule against perpetuitities.
estates in land
What is the rule in Shelley's case?
If, in a single document, a freehold estate is given to a person and a remainder (in fee simple or fee tail) is given to her heirs, this remainder becomes a remainder in the ancestor rather than in her heirs. The rule shifts ownership of certain remainder itnerests from the heirs to the ancestor.
estates in land
What are the requirements of the rule in Shelley's case?
1. freehold in the ancestor
2. remainder in the heirs
3. same quality
4. heirs, not "children"
estates in land
What is the doctrine of worthier title?
The common law prohibited a person from transferring a future interest to his own heirs, requiring instead that they take by descent upon his death, a "worthier" way of acquiring the title.
estates in land
Under the doctrine of worthier title, is an inter vivos gift of a future interest to the heirs of the grantor valid or void?
estates in land
What is survivorship?
A principle characeristic of an estate in joint tenancy- the right of the surviving joint tenant to take the share of the other joint tenant upon his or her demise. Right of survivorship prevails over the claims of the heris of the decendent or her legatees.
concurrent ownership
What are the four unities of joint tenancy?
1. unity of time
2. unity of title
3. unity of interest
4. unity of possession
concurrent ownership
What are the nine ways in which a joint tenancy can be severed?
1. intervivos deed
2. contract to convey
3. lien or mortgage
4. lease
5. murder and simultaneious death (NO)
6. testamentary disposition (NO)
7. by agreement
8. withdrawal of funds
9. divorce (not necessarily)
concurrent ownership
What is a tenancy in common?
It arises whenever no other form of concurrent ownership has been explicitly designaed or when a grant specifies it.
concurrent ownership
Which has survivorship, joint tenancy or tenancy in common?
joint tenancy.
concurrent ownership
Which of the four unities are required by a tenancy in common?
unity of possession only
concurrent ownership
What is tenancy by the entirety?
modified joint tenancy between spouses
concurrent ownership
Does the princicple of survivorship apply to a tenancy by the entirety?
concurrent ownership
What are the requirements for tenancy by the entirety?
1. the four unities
2. valid marriage
concurrent ownership
How may a tenancy in common be terminated?
1. death
2. divorce
3. mutual agreement
concurrent ownership