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Final stretch dummy u got this > 2023.07.14 review > Flashcards

2023.07.14 review Flashcards

1
Q

Requirements for Adoption

A

(1) Terminate bio parents’ rights
(2) Create new adoptive parent relationship
(3) Need bio parent consent UNLESS abandonment or unfit
–Abandonment: consider
—–Actual abandonment
—–Contact with child
—–Financial support

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2
Q

Requirements for Non-Parent Visitation

A

-Extraordinary circumstances
-Relationship between child and non-parent
-Parent consent (con protection; CANNOT override if parent is fit)

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3
Q

Custody Factors

A

BIOC
Consider parents’ Con right to parenthood

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4
Q

What statements does Confrontation Clause bar?

A

-Offered against crim D
-Declarant not available for cross examination AND no prior opportunity to cross examine
-Testimonial (primary purpose is to further crim prosecution)
–Exceptions:
—-Assist ongoing emergency
—-Public policy (e.g., trauma to child witness)

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5
Q

Creation of Trust

A

-Settlor Intent
-Identifiable Corpus
-Transfers legal title to Trustee
-Transfers equitable title to Beneficiary

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6
Q

Trust Termination by Beneficiaries

A

-All beneficiaries consent (including unborn/unascertained beneficiaries)
-Doesn’t interfere with trust purpose

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7
Q

Can creditors reach beneficiary’s trust interest?

A

Yes UNLESS Spendthrift Provision
BUT Spendthrift not valid IF
-Settlor is beneficiary
-Creditor is Beneficiary’s dependent (e.g., alimony, child support)

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8
Q

What is LL liable for?

A

CLAPS
-Common areas
-Latent defects
-Assumption of repairs
-Public use rule
-Short term lease of furnished dwelling

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9
Q

Types of Affirmative Easements

A

PING
-Prescriptive easement
-Implied (implied from prior use at time land is severed)
-Necessity
-Grant (in signed writing)

NB Easement Appurtenant (easement with dominant and servient land) is transferred automatically with dominant tenement

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10
Q

Types of negative easements

A

LASS
Light
Air
Support
Streamwater
–
Negative easement - promise not to do something with property

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11
Q

Requirements for Burden of Real Covenant to run with servient land

A

WITHN
-Writing (signed)
-Intent
-Touch & concern
-Horizontal and vertical privity
-Notice

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12
Q

Requirements for Promise of Real Covenant to run with dominant land

A

WITV
-Writing
-Intent
-Touch and concern
-Vertical privity

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13
Q

Equitable servitude binds successors IF

A

WITNes
-Writing
-Intent
-Touch and concern
-Notice

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14
Q

Ways to terminate easement

A

END CRAMP
-Estoppel
-Necessity
-Destruction

-Condemnation
-Release
-Abandonment
-Merger
-Prescription

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15
Q

How is license different from easement?

A

License: Revocable
Easement: Must END CRAMP to extinguish

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16
Q

Easement definition

A

Grant of an interest in land that allows someone to use another’s land

17
Q

License definition

A

Permission to go onto another’s land

18
Q

Profit definition

A

Right to take resources from another’s land

19
Q

Real Covenant/Equitable Servitude Definition

A

Promise to do or not to do something on the land

20
Q

When does disability affect adverse possession SOL?

A

Owner disability exists at the start of the adverse possession

21
Q

Land Sale Part Performance

A

-Oral K was certain and clear
-Acts of partial performance (e.g., possession, payment, substantial improvements to land)

22
Q

Shelter Rule

A

A person who takes from a BFP will prevail against any interest that the BFP would have prevailed against.
A person will prevail under Shelter Rule even if the person had notice of prior unrecorded conveyance

23
Q

Anti-Lapse Statute

A

-Default: If beneficiary dies before probate, their interest is distributed among other beneficiaries
-Anti-Lapse Statute: The deceased beneficiary’s interest will go to the beneficiary’s descendants

24
Q

Grounds for removing Trustee

A

-Serious breach of trust
-Serious lack of cooperation among co-trustees
-Unfitness, unwillingness, or persistent failure to administer
-Substantial change in circumstances

25
Q

Pour-Over Gift

A

A will can gift to a trust IF clearly identified in will language

26
Q

Secret Trust

A

-Settlor agrees with Will Beneficiary that Beneficiary will hold property in trust for someone else
-IF proof by clear and convincing evidence, THEN constructive trust imposed in favor of intended (second) beneficiary

27
Q

Spendthrift Provision

A

-Beneficiary can’t transfer interest
-Creditors can’t attach to beneficiary’s interest

28
Q

Support Trust

A

Trust language directs Trustee to pay income or principal to Beneficiary to support accustomed lifestyle

29
Q

Ways to terminate trust

A

-Automatically upon terms specified
-Automatically if trust purpose fulfilled OR becomes impossible
-By settlor
-By all beneficiaries’ consent (including unborn/unascertained beneficiaries) IF no material purpose of trust would be frustrated
-By trustee IF under $50k and insufficient to justify admin cost

30
Q

Trustee duties

A

-Good faith
-Undivided loyalty to trust and beneficiaries
-Reasonable care in managing trust OR use Trustee’s special skills
-Diversify investments unless better to not
-Impartiality

31
Q

Charitable Trust Differences

A

-Need indefinite beneficiaries (specific org ok, not specific people)
-May be perpetual
-Cy pres: if intended donor no longer exists, court may select alternative “si pres” the primary purpose

32
Q

How to terminate easement by Abandonment

A

Owner demonstrates, by physical action, intent to permanently abandon it
Mere nonuse is insufficient

33
Q

How do wild deeds work?

A

-Grantor grantee index=>shows records to and from a grantor=>if A to B and B doesn’t record, unrecorded B deed doesn’t show up AND neither does anyone B conveys to (e.g., C)
-Unrecorded B deed=>outside chain of title=>wild deed
-Tract index: shows all recorded interests in land; unrecorded B doesn’t show up BUT C shows up
-Notice jx: Buyer on notice depending on record system

34
Q

What is grantee on inquiry notice of?

A

Reasonable inspection, physical appearance of land, records

35
Q

T/F: Negligence per se established if D had an unforeseeable heart attack while driving, then crossed the center line and crashed

A

F; negligence per se rebutted if statutory compliance was beyond D’s control

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