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Bar Questions Missed


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Market Participant
Commerce clause gen prohibit stte discim against out of stat e bus to beneefic local econ insterest state can prefer its own citizens when actinga s martket participant (buying or selling products, hiring labor, giving subsidies)
Foreclosure Effect
kills all junior interests, including easements, mortgages
Offers to Pay Medical Expenses...what all is excluded?
Offer is excluded Statements in connection not excluded
Latent Ambiguity in contracts
If one party knows of the ambiguity and the other doesn\'t, K enforced against one that DID know
Vicarious Liability and Indemnification
If vicarious liable for torts of another (Walmart for employee), then owner entitled to indemnification against employee for negligence.
Content Neutral Regs.
-content neutral -narrowly tailored -significant gov. interest -must leave open alternative channels of communic.
contract merges into the deed and the deed becomes meaningless
Defense of others--use of serious force, which side
okay to serious force to prevent serious bodily harm regardless who the agressor is.
State Action
state hs affirmateively encouraged or facilitated discriminatory acts by private groups ex: approved policy, stand to profit
Contract Approval on satisfaction of painting clause
Valid. Okay to be contingent on approval
Protection of property
Reasonable force oky to prevent tort against one\'s property -force that will cause death or SBH NOT OK
Rule Against Perpituties--what is it preventing against?
void if interest could vest more than 21 years after some measuring life
Notice Required for Tenn. At Sufferenace
entitled to statutory notice
Abandonment of Easement
must demonstrate by physical action--presumed to be of perpetual duration
Burden in RR cases; Burden in IS cases; Burden in SS cases
RR: Plaintiff IS: Gov. SS: Gov.
Merger Doctrine
once a contract is accepted, the contract is merged into the deed. Any contract provisions for quality of tiele, express or implied are no longer effective.
UCC: response to offer is letter with diff price and deliv. date
sufficient to create contract, unless written objection is made within 10 days
Acceptance Effective Date
-UCC promise to ship or shipment is acceptance -valid day it was sent
General Warrant Covenants
6: Spears Could Elope: Quickie Wedding Alt. 1-Seisen (grantor owns the property) 2-covenant(grantor has right to convey) 3-encumberance (breach even if grantee aware of encumb in majority) 4-quiet enjoyment (grantee\'s poss will not be distrubed by 3rdp\'s claim: easement is ex.) 5-warranty(will defend if sued by 3rdp over title 6-Assurances (will take furthter assurances, take steps to protect
Covenant Prohibiting Assignment
valid against assignments -invalid against subleasing and vice versa
Conspiracy Elements AI-IU
-agremment between 2 or more -intent to enter into an agreement -intent to achieve an unlawful objective of the agreement
Lay opinion Testimony
must be based on the witness\'s perceptions
Failure to give notice to a necessary party to forecluure--EFFECT
interest survives -can collect mortgage or -can foreclose
Estab. Clause-what can they inquire into
sincerity of belief
Valid Commerce Clause
NARD N-nexus A-approprtion R-relates D-discriminates Commerce clause valid if nondiscriminaory, substantial nexus to activity, tax is fairly approptioned , fax fairly relates to services or benefits provided by state
Tenancy by Entirety
Unilateral Conveyance w/o spouse consent is void
Exepert Testimony--where can get their facts?
Facts or data upon which expert opinon based may be derived from presentation at trial
Standard for Inciteful Speech
state MAY prohibit speech that SPECIFICALLY advocatees conduct dangerous to society or gov and is LIKELY to produce such conduct
Partial Condemnation Landlord/Tenant
LT relationship continues, as doens obligation for rent. But T is entitled to share of condemenation award.
Silence as an admission
silence may be deemed an admission in a situation in which a reasonable person would have responded to an accusation.
Hearsay Exception--\"My neck really hurts.\"
Yes,declaration of present physical sensation. , evein if not made to a doc or medical personal
past recollection recorded
hearsay exception applies when a party is seeking to introduce a type of writing.
Easement transferability
in gross, commercial always tranferrable, permission not needed. obligation of holder to reasonably restore surface following excavation
Life Tenant vs. Remainidermen on Principal vs. Interest
Life tenaant-interest only
Public Official Defamation
Malice: Falsity & Fault (known falsity or reckless disregard)
Tort Liability cut off by superseding cause
if p\'s harm is not foreseeable
Rule Against Perp. Definition
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
Rule Against Perp Cheat
1-last proper name and all prior take 2-next not by proper name takes 3-all other later don\'t take, and reverts to grantor or his heirs
Notice Statute for Recording
Subsequent BFP, regardless of whether he recorded
Race Notice Staute for Recording Title or Mortgage
1-subsequent BFP & 2-first to record
-purchase for value & -purchase w/o Notice (three types, actual, record, inquiry)
Wild Deed Rule
Wild Deed is incapable of giving record notice to subsequent BFPs
Multiple Mortgages Foreclosure Rights No Notice
C moves to the left and is taken subject to; if was notice C could go for a deficiency
Riparian Doctrine Reasonable Use
Majority rule: -upstream user Domestic=natural use agricultural=artificial
Congress\' Ability to Regulate Interstate Commerce
CIA test C-chanels I-instrumentalities A-Activities
Commerce Clause--when is state or local reg. of interstate commerce ok?
State or Local laws place undue burden on commerce, UNLESS authorized by Congress -if direct discrim, unconstit., unless necc to achieve legit. local purpose -not directly discrim, then balancing (reasons for state law) vs. (burden on IC)
Justiciability Doctrines
--RAMPS-- Ripeness Advisory Opinions Mootness Political Questions Standing
1-Injury or THREAT of immed. injury 2-Causation 3-Redressability (favorable will likly remedy)
Full Faith Credit
Other state will honor if: -Personal Juris -SM Juris -Decision on Merits -Final Decision
Lemon Test for Establishment Clause
Lemon PEE purpose-must be secular effect-primary aid or inhibit entanglement-no excessive
Shopkeeper\'s Privilege
Reasonable: -suspicion -time -manner
IIED elements
1-Act 2-Extreme/Outrageous Conduct 3-Intent or RECKLESSNESS to cause ED 4-Suffer Severe ED 5-Causation
Neg Per Se Elements
-class leg. intended -harm leg. intended protect against
Res Ipsa
1-not normally unless negligence 2-negligence must have been D (exclus. control) 3-injury was not P
Defamation to Private Person
1-defamatory stmt 2-of or concerning P 3-published 4-Negligent
Defamation to Public Figure
1-defamatory stmt 2-of or concerning 3-published 4-negligent add elements 5-Malice (knowing or reckless disregard of truth) 6-falsity
-substantially -unreasonably -interfere with use and enjoyment of land
Specific Intent Crimes
SACFALBEFF Solicitation Attempt Conspiracy First Deg. Murder Assault Larceny & Robbery Burg Embezz Forgery False Pretense
Quasi-Contract Elements
-if not, then unjust enrich -conferred some benefit -some expectation get paid
Person who is making the promise that benefits the third party Ex: Insurance C.
Person who obtains the promise that benefits the third-party Ex: Max
Vesting of 3rd Party Rights
1-bring suit 2-know and assent 3-detrimentaly rely
Third party recieving the stuff
Party assigning the stuff

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