Mbe Review

Front 1

Adverse Possession/ Marketable Title

Back 1

To sell property acquired by adverse possession you must go to court to get a quit claim deed. Until you do that you do

Front 2

Pure Comparative negligence

Back 2

Plaintiff recovers even if their fault is greater than that of the defendants.

Front 3

Modified comparative negligence (minority rule)

Back 3

The plaintiff can only recover if their fault is less than that of the defendants

Front 4

Contributory negligence

Back 4

Defendant barred from recover even if they were 1% at fault unless the defendant had the last clear chance.

Front 5

Encumbrances on Life Estate

Back 5

Encumbrances end with the termination of life estate.

BUT if there is a TAX SALE everyone who has a remainder loses an interest in the property.

Front 6

At-large election

Back 6

If intent of an at-large election is not to discriminate no EPC violation.

Front 7

State action

Back 7

State giving land is not enough for state action

Front 8

Non-breaching seller under the UCC

Back 8

Contract price minus resale price = seller's remedy

Front 9

Lost Profits - seller dealing in volume

Back 9

Remedy = lost profits

Front 10

Promissory Estoppel

Back 10

1

Front 11

Adverse Possession/ Marketable Title

Back 11

To sell property acquired by adverse possession you must go to court to get a quit claim deed. Until you do that you do

Front 12

Pure Comparative negligence

Back 12

Plaintiff recovers even if their fault is greater than that of the defendants.

Front 13

Modified comparative negligence (minority rule)

Back 13

The plaintiff can only recover if their fault is less than that of the defendants

Front 14

Contributory negligence

Back 14

Defendant barred from recover even if they were 1% at fault unless the defendant had the last clear chance.

Front 15

State of fraud - main purpose rule exception

Back 15

Normally surety agreements are subject to the statute of frauds.

If the main purpose of the gaurantor in making the surety promise is to benefit himself or herself then that guarantee doesn't have to be in writing

Front 16

surety agreements

Back 16

Subject to the statute of fraud

Front 17

race notice

Back 17

"without notice" "first recorded"

Front 18

non-suspect class

Back 18

Age is a non-suspect class

rationally related to a legitimate government interest

Front 19

Mutual mistake

Back 19

Court will allow parties to reform the agreement

Front 20

Transferred Intent

Back 20

If you intend to commit an assault but actually touch somebody it becomes a battery

Front 21

Requirements contracts

Back 21

We measure quantity by the buyer's needs.

Front 22

Merger

Back 22

Attempt and solicitation merge with the crime

If the crime is attempt then solicitation can merge with that crime

Front 23

Convenants of title

Back 23

People Sell Cars Everyday
present convenants - breached at the time of closing
1. seisin: grantor has possession
2. covenant of right to convey
3. convenant against encumbrances

Fear Quiet Windy Fridays
Future covenants= run with the land
1. covenant of quiet enjoyment: grantor agrees to indemnify grantees against claims of title by third parties
2. covenant of general warranty: basically same as covenant quiet enjoyment
3. covenant of further ensurances: grantor will take necessary measures to protect grantees title

Front 24

prior inconsistent statement

Back 24

Not made under oath. Only purpose can be used to impeach

Front 25

Accord and satisfaction

Back 25

Accord suspends performance under the original contract until you perform or don't perform under the accord.

Front 26

False imprisonment

Back 26

can recover for emotional damages

Front 27

riparian water rights doctrine

Back 27

Domestic use trumps commercial and agriculture use

Front 28

Procedural due process

Back 28

Balancing test:
Interest being taken away vs. error

plus cost to government

Front 29

Right to counsel

Back 29

Applies to misdemeanor trials only when imprisonment is actually imposed.

Front 30

Contract to sell land, number of acres is wrong

Back 30

less than what bargained for = rescind

little less = treat as price adjustment

more than = reform

Front 31

trespass to land -intent

Back 31

intent = know that acts are substantially certain to cause a result

Front 32

MIMIC

Back 32

Motive
Intent
Mistake
Identity
common scheme

Front 33

third party beneficiary

Back 33

After vesting no contract can be cancelled or modified without consent of third party beneficiary

Front 34

Assignment

Back 34

Can assign some duties but will be responsible for a breach of contract

Front 35

Character evidence

Back 35

Defendant can introduce character evidence - reputation and opinion only no specific acts when the door is being opened

Front 36

Exceptions to commerce clause

Back 36

Congressional authorization

Front 37

Negligent Hiring

Back 37

No scope of employment requirement

Front 38

Opens mine doctrine

Back 38

Does not apply to defeasible fees

Front 39

Prior identification

Back 39

Because of confrontation clause they must be available to testify

Front 40

Assignments

Back 40

Don't need consideration for assignment

Assignments can be oral (still subject to statute of frauds rules)

Front 41

Recording deed

Back 41

rebuttable presumotion that the deed is delivered

Front 42

Impeachment

Back 42

You can impeach an out of court witness just like you can on the stand

Front 43

Revocation of assignment

Back 43

Accepting the money even though you assigned unless the assignee was paid first.

Gratitous assignments are irrevocable if there's reliance or

Front 44

Rent for hold-over tenant

Back 44

If the landlord notified the tenant that the rent was going to increase, the hold over tenant will be forced to pay new rent amount

If commercial = 1 year lease

if residential = month to month

Front 45

Federal courts

Back 45

Federal courts can not issue advisory opinions. No legal affect on the parties = advisory opinion

Front 46

Third party standing

Back 46

A seller may be able to challenge a law that affects her customers if it affects her business. Close personal relationship exception to no third party standing

Front 47

Assignment of lease

Back 47

When a tenant transfers possession it doesn't mean the tenant is off the hook for the rent that is due (still in privity of contract). Tenant liable too (privity of estate)

Front 48

Character evidence

Back 48

Defendant charged with violent crime, defendant can't have witness testify about honesty (not relevant). If the witness testified that the defendant is peaceful that would be admissible.

Front 49

Option contracts

Back 49

Common law : option needed to be supported by consdieration

UCC Merchants firm offer: OFFEROR MUST BE A MERCHANT, offer by merchant in a signed writing, which by its terms gives assurance that it will be held open it is irrevocable. If no time states the period of irrevocablitlity may not exceed 90 days.

Front 50

Search incident to lawful arrest, automobile

Back 50

Police can only search passenger area after the arrest has been made if its directly related to the arrest or if they are trying to perserve evidence or protect officer safety.

Front 51

obscenity - miller test

Back 51

Apply reasonable person standing for determining the social value of work.

Statewide standard can be used to determine whether material is patently offensive

Front 52

severance of joint tenancy

Back 52

SPAM
Sale
Partition
And
Mortgage

Front 53

Right to travel- Equal protection clause

Back 53

Violated by a long term residency requirement required for state economic and social benefits

Front 54

Privileges and immunities clause

Back 54

Only protects fundamental rights

Front 55

Party in land sale dies - Doctrine of equitable conversion

Back 55

Once the parties have entered into a valid land sale agreement the rights of the parties are fixed. Buyer is considered to be equitable owner of the property and can demand specific performance.

Front 56

Security interest in fixture

Back 56

Security interest in fixture prevails even over a prior recorded interest on the land as long as recorded w/in 20 days after the chattel becomes fixed to the land

Front 57

Parol evidence rule

Back 57

Cannot introduce additional evidence to vary the material terms of a written contract if deemed to be the complete and integrated agreement of the parities.

Exceptions: evdience of fraud, illegality, undue influence, duress, mistake, condition precedent, consideration, trade usage, industry practice, course of dealings .

Front 58

Foreclosure sale

Back 58

Foreclosing party and then all the parties to the right. All mortgages to the left of the foreclosing party remains on the property.

Front 59

Dying declaration

Back 59

Limited to homicide cases in criminal prosecution

Front 60

Liquidated damages

Back 60

1. damages are difficult to ascertain at the time of entering into the contract

2. the provision itself is a reasonable forecast of compensatory damages (comparison between the amount of foreseeable damages and the provision itself)