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21 Cards in this Set
- Front
- Back
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conversion rule and remedy
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intentional interference with right of possession serious enough to warrant D paying full value of property; D can keep it though
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limitation on states right to regulate public speech
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States can regulate speech, RSB regulations based on time, place, and manner are constitutional
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Is consideration needed to modify an existing contract?
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yes
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when modifying an existing CL contract is payment of smaller sum ok?
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not sufficient consideration for a promise by creditor to discharge debt unless consideration is in some way new or diff, or amount of debt is subject to an honest dispute (so party giving up right to litigate)
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intentional misrepresentation
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misrep made by D, (scienter); an intent to indue p reliance; causation; justifiable reliance and damages;
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can a state retroactively alter a K to which it is a party?
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no, legislation that reduces k burdens of the state will be strictly scrutinized.
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When cops arrest you how can they search your car?
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Search Incident to Arrest; PC to search the car; Administrative Search;
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search incident to arrest
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regardless of crime- entire passenger compartment at the time of arrest; "wing-span"
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PC to search the car
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Cops have PC, RSB grounds for believing that a legitimate item of seizure is in car; entire car can be searched w/o warrant; at time or arrest or after
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Administrative search
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they can inventory item in car if car impounded and are actually doing an inventory of items in car
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anticipatory repudiation
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a prmisor, prior to performance time, unequiviocally indicates can't or unwilling to timely perform. allowing nonrepudiator option of suspending performance and waint to sue until performance date or to sue immediately (excuses nonrepudiator's duty to perform)
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defamatory statements involving public concern
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p must prove competent evidence of actual injury; presumed damages are not permitted absent knowledge of falsity or reckless disregard of truth; may inlude impariment of reputation, humiliation and mental anguish
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admission of treatises as substance evidenc?
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it is an exception to hearsay and can be read into evidence if relied upon b expert of is called to his attention during cross; and is established as reliable by the witness, another expert or judicial notice; treatise itself not admitted, but rather read
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initial aggressor; murder rule
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if victim of initial agression suddently escalets a minor fight into deadly force, and w/o giving initial agresssor chance to withdraw, then aggressor may use force in her own self-defense.
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Are items seized while executing a search warrant excluded if later that warrant was found lacking in PC?
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no, police are allowed to reasonably rely on a search warrant
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Does a person have a property interest in a right conferred by state statute?
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yes, therefore he cannot be deprived of that interest w/o Due Process (notice and right to be heard)
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After a person deeds property to a city, is he responsible for his own negligence
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yes, when performing services of design or constructing improvements on property eventually deeded to a city, developer must accept responsibiltiy for prededication negligence
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charitable trusts
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indefinite group of beneficiaries, who are RSB numerous and not indiv identified, for benefit of established charity or for group of persons, for charitable purpose
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can a life tenant extract materials from the property?
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absent an open mine in existence at the time of its creation, Life T can't extract minerals from land bc it depletes teh corpus and constitutes waste; remaindermen can recover damages and get injuctive relief for unlawful waste
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parol evidence rule
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a writing that constitutes the complete and final expression of the bargain may not be varied by prior written or oral statements, or contemporaneous oral staetments
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does parol evidence rule bar evidence of teh validity of an agreement in a misrepresentation action?
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no
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