The Law

Created by quicksilverca 

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review for the bar ... and not the bar that serves long islands

To be held liable as an accessory to a crime

D's assistance or encouragement was given with INTENT to AID the principal in the commission of the crime. (Have to have state of mind).

Prima facie case of trespass

- an act of physical invasion of P's real property by D
- intent on D's part to bring about physical invasion of the P's real property.
- causation
**Intent to trespass is not required.

Property Rights standard

Rational Basis - P must prove that the statute is not rationally related to a legitimate government purpose.

Alienage

Suspect class when used by the states = strict scruitny = compelling state interest. UNLESS discriminates in participation in the functioning of state government.

Invasion of Privacy: commercial misappropriation

D made unauthorized use of the geologist's picture for D's commercial advantage.

General Warranty Deed (covenants of title)

1. right to seisin
2. the right to convey
3. a covenant against encumbrances
4. the covenant of quiet enjoyment - will not be disturbed in possession of land
5. the covenant of further assurances - seller will defend the buyers title against lawful claims
6. general warranty. - Seller will perform whatever acts are necessary to perfect buyer's title

Necessary and Proper Clause

Only broadens congressional power authorized under some other provision. "Congress has the power to make all laws necessary and proper for executing any power granted to any branch of federal government."
**The necessary and proper clause standing alone cannot support federal law. MUST work in conjunction w/ another federal power.

Prohibition of assignment - UCC

Bars ONLY the delegation to the assignee of the assignor's PERFORMANCE. (NO delegation of duties). OK to assign payment.

When obligor not informed of assignment...

only obligated to pay the party with whom it originally dealt. + original party is liable to the assignee for full amount of payment.

A 3rd party beneficiary of a contract can enforce the contract only when its rights have vested.

i) the 3rd party manifests assent to the promise
ii) brings suit to enforce the promise, and
iii) materially changes it position in reliance on the promise.

When a stream is a boundry

seller and buyer each own 1/2 of the stream bed.

President's Executive Power:

- No power to declare war but may act militarily
- Paramount power in Foreign Relations
- Power to enter into treaties with consent of 2/3 of the Senate
... conflict between a congressional act and a valid treaty = last in time prevails
.... treaty CANNOT be inconsistent with constitution nor can an executive agreement
- Executive Agreements do not require consent
... if agreement conflicts with a fed. law - such as a treaty, fed law wins.

Race-Notice

Subsequent bona fide purchaser is protected only if she records before the prior grantee

Proximate Causation

Resultant acts must have been forseeable

A landowner is liable to adjacent landowners for damage his property does to their land, even if it was created by the negligent acts of a contractor.

Although a contractor could be held liable for negligent acts (reasonable forseeable) that result from his work.

Appointments clause

gives Congress the power to vest appointments of inferior officers only in the President, the courts, or the heads of departments. Enforcement is an executive act. Congress can not appoint its own members to the commission to exercise enforcement powers.

Admission by a Party Opponent

The party's own statement offered against him by the opposing side and is NOT hearsay

Infections and negligent medical treatment are deemed to be a forseeable risk in homicide cases

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Once a buyer has accepted goods, his right to reject for nonconformance generally lapses and his only remedy is for damages.

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If a right of first purchse is found to be valid, the agreement is merely a promissory restraint, the breach of which may give a cause of action against the Promisor's estate

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Exception to Strict Scruitny for Alienage

a state may reserve a government position for citizens if it is related to self governance, involves policy making, or requires exercise of important discretionary power of citizens and only a rationality test is used. A public school teacher at a primary or secondary level performs an inportant governmental function

Circumstantial Evidence

creates an inference and makes it more probable the person committed the crime than without the evidence.

A conveyance of a co-tenant's interest in joint tenancy property severs the joint tenancy and that interest is held as a tenancy in common w/ the other co-tenants. Joint tenancys have a right of survivorship if not severed before death.

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covenants to pay money and covenants to perform physicial acts on the property run with the land.

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If a tenant exercises the legal right to report housing or building code violations or other rights provided by statute, the landlord is not permitted to terminate the tenant's lease in retaliation.

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A d's refusal to cooperate with an investigation of the criminal conspiracy of which he was a member may properly be considered in imposing sentence

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Intentional Infliction of emotional distress

- an act by the D amounting to extreme and outrageous conduct
- intent on the part of the D to cause the P to suffer severe emotional distress, or recklessness as to the effect of the D's conduct
- causation
- damages

Continued public employment may be a protected property interest if there is a clearpractice or mutual understanding that an employee can be termindated ony for cause

due process claim.

Payment of a smaller sum than due will not be sufficient consideration for a promise by a creditor to discharge a debt unless the consideration is in some way new or different.

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At Common Law, a corporation can not be responsible for the criminal acts of its employees.

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Ordinance that prohibits all charitable solicitation absent relatively burdensome compliance w/ its registration provisions = unconstitutional under 1st Amendment

to be constitutional would have to be narrowly tailored to achieve a compelling state interest.

When a defamatory statement involves a matter of public concern, the P must prove actual injury = not just out of pocket loses, it may include impairment of reputation, humiliation, anguish, etc.

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Equal Protection claims are made pursuant to the 5th amendment's due process clause.

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In performing services of designing and constructing eimprovements on property eventually deeded to the city, a developer must accept responsibility for prededication negligence.

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when the existence of a presumed fact is submitted to the jury in a criminal case, the judge must instruct the jury that it MAY regard the basic facts as sufficient evidence of the presumed fact, but it is not required by law to do so.

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Privielege is given to statements made as part of a judicial proceeding is a defense to civil liability, in order to ensure that witnesses will testify freely and truthfully w/out fear of lawsuits by those unhappy with the testimony

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Negligence in a product liability suit

to prove breach of duty: i) negligent conduct by the D leading to ii) the supplying of a defective product by the D - and if the manufacturer could have discovered the defect w/ reasonable care.

perfect Tender Rule

A seller must be given a chance to cure before the buyer seeks cover.

A tax, even though enacted for a reguatory rather than a revenue-raising purpose can be upheld as a "necessary and proper" exericse of Congress's power to tax - especially true if the revenue derived are used to cover the expenses associated with the federal regulatory scheme.

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Double Jeopardy

does not prohibit the imposition of cumulative sentences for two or more statutorily defined offenses specifically intended by the legislature to carry seperat punishments, even though constituting the "same" crime under Blockburger, when the punishments are imposed at a SINGLE TRIAL.

An accounting of a property held in JT is not appropriate unless possesion is wrongful

wrongful = excluding another co-T from possession of the whole or ANY part of the whole of the premises = ouster. ousted co-T is entited to recieve his share of the fair rental value of the property for the time he was wrongfully deprived of possession.

Joint Tennacy

distinguishing feature = RIGHT OF SURVIVORSHIP

- need: unity of time, title, interest, and possession

- need EXPRESS language to create

- A JT cannot convey his interest via WILL.

- can be terminated by: a suit for partition, inter-vivos transfer (transferee takes the interest as a tenant in common)
... A judgment lien will not sever, but if the P who obtained the judgment then proceeds to enforce it by foreclossure, the sheriff's deed issued to the buyer at the sale will sever the JT.
...A mortagagee can foreclose on the mortgage causing a severance, but he runs the risk that the mortgaging co-T will die before foreclosure, extinguishing the mortgagee's interest.

Tenancy by the Entirety

Right of Survivorship

- marital estate.

- execution can be by: death - leaving the surviving spouse owner in fee, divorce - leaving parties as tenants in common, mutual agreement, execution by a JOINT creditor of both H+W

Tenancy in Common

NO RIGHT OF SURVIVORSHIP

- each owner has a distinct, proportionate, undivided interest in the property. Each T is entitled to possession of the whole estate.

- can pass your interest via will

Rights of Co-Ownership:

- a co-tenant in possession has the right to retain profits gained by her use of the property and does not need to share profits or reimburse for the rental value of her use of the land, unless there has been an ouster.
... ** HOWEVER, a co-t out of possession has a right to share in rents from 3rd parties and in profits derived from a use of the land that reduces its value (removal of minerals)

- Contribution may be compelled for necessary repairs, taxes and mortgages - unless in sole possession then only get the amount that exceeds the rental value of the property. NO contribution for improvements!

A direct tax on the federal government is invalid, UNLESS consent of congress

even if the tax is a universal sales tax

In partial condemnation cases, the LT relationship continues.

quiet enjoyment can only be broken by the LANDLORD. and T is entitled to share in condemnation award.

Regulation of Truthful Advertising:

of a lawful activity is valid if it serves a substantial government interest, directly advances that interest, and is narrowly tailored to achieve that interest.

Defense to FI

that the PO acted under a VALID arrest warrant.

A crop failure resulting from an unexpected cause excuses a farmer's obligation to deliver the full amount as long as he makes a fair and reasonable allocation among his buyers

Buyer may either accept the proposed modification or terminate the contract. CANNOT recover damages

Continuing Tresspass Doctrine

Larceny requires the intent to deprive the other of possession permanently ... if the person taking, with a wrongful state of mind, does not have the intent to permanently deprive at the time of the taking, but later develops it - he is guilty of larcny under the continuing tresspass doctrine.

Most courts have refused to extend strict products liability to cases in which P suffers only economic loss when not accompanied by physical harm to the P, requiring the P to bring an action for breach of warranty to recover such damages.

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1st amendment protects the freedoms of speech and assembly, the government may regulate speech related conduct in public forums through content neutral time, place, and manner regulation.

Must be content neutral and narrowly tailored to serve an important government interest, and must leave open alternative channels of communication.

= rational relationship test for restrictions on free speech in nonpublic forums.

terms of the deed not the contract control landowners liability.

Under the doctrine of merger, the K merges into the deed and the terms of the contract are meaningless. even though the contract specified a "good and marketable title" it is the deed that controls.

"so long as" language = fee simple determinable

leaving a possibility of reverter.

The SC uses a balancing test in determining whether a regulation of the electoral process is valid.

if the restriction on the 1st amendment activities is severe, the regulation will be upheld only ifit isnarrowly tailored to achieve a compelling interest.

Restraints on alienation are traditionally strictly construed. Thus a covenant prohibiting assignment does not prohibit subleasing and vice versa

If tenant transfers (assigns, or subleases) in violation of a prohibition in the lease against transfers, the transfer is not void, but the landlord usually may terminate the lease under either the lease terms or astatute.

persons temporarily detained for routine traffice stops are not in custody for MIRANDA purposes. Therefore a statement made can give a PO PC to search the car/purse

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Expert Testimony

facts or data upon which opinions are based may be derived from presentation at trial. He can also rely on information not admissible into evidence.

- Questions do NOT have to be presented as hypos.

First amendment does not protect true threats

speech mean to communicate an intent to place a person in fear of bodily harm.

an easement in gross may always be transfered, that is commercial, w/out permission of the holder of the servient estate.

* benefits an individual or legal entity rather than the land.

congress is explicitly authorized to restrict jurisdiction of the fed. courts under art. III

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under the doctrine of waste a life tenant is obligated to pay interest on any encumbrances on the land, but he does not have to pay anything on the principal of the debt; reversioners or remaindermen must pay the principal in order to protect their interest.

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Congress can address the problem of racial discrimnation under the commerce power ad the 13th amend. b/c it contains an enabling clause

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a suspect need not have been informed of all subjects of interrrogation to effect a valid waiver

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A dealer can collect lost profits, when a K is breached if he cannnot be made whole from a subsequent sale = K$ - $ paid to manufacturer

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A landlord's assignment of the rents and reversion interest, such as a through a sale of the property, is subject to the same rules as a tenant's assingment of the leasehold interest/

burdens of covenants run with the landlord's estate and become burdens of the new landlord. The originallandlord also remains liable (on privity of K grounds) on ALL covenants that he made in the lease.

DPC requires a HEARING only when a life, liberty, or property interest is at stake.

To have a property interest in continued government employment, there must be a statute, regulation, contract right, or clear public policy that the employee can be dismissed only for cause.

A person has standing to object to the search of a place ONLY if the person has a reasonable expectation of privacy (ownership of possessory interest) in the place searched or is an overnight guest in the place searched. ** D arrested at friends home w/out a warrant has NO standing

** Where PO have PC to arrest a D and improperly arrest him in his home w/out a warrant, a confession made by the D at the PO statation is admissible b/c it is not the fruit of the unlawful arrest --> b/c the PO could have arrested him the moment he stepped outside of the house.

warrantless entry has to be a violation of D's OWN expectation of privacy to be problamatic/

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RAP period for Irrevocable Trusts begins to run on the date the trust is CREATED

RAP period for land conveyances begin at the time of the conveyance.

PO Tort liability

a PO is privilefges to make an arrest w/out a warrant for a FELONY or breach of the peace done is his PRESCENSE, not for a misdemeanor. If arrest is priv. the officer may use that degree of force necessary to effect the arrest

generally an employer is not liable for the torts of their employee traveling to and from work. If the emlpoyee is "on call" and making only a slight deviation on the way home, he will be.

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Loyalty oath are only valid if it merely requires the canidate to affirm that she will oppose the violent overthrow of government.

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The MEDIA may not be punished for publishing a true fact once it is lawfully obtained.

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ATTEMPT for a strict liability crime requires INTENT to bring about that crime.

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A licensing requirement is valid on anyone who deals with the public in general - w/in the proper purpose of the exercise of the states police power.

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