7/12 Flashcards
does a tenancy by the entirety arise subsequent to marriage when conveyance of property creating a joint tenancy was made prior to marriage?
no; fifth unity of tbte is “unity of person”
can one tenant by the entirety unilaterally sever tenancy?
no
Are courts reluctant to recognize an ownership scheme that binds future land owners with payments over an indeterminate period?
yes
What happens if a provision of a conveyance violates RAP
analyze as if it doesn’t exist but the rest does, because that one provision is void
what happens to priority when a senior mortgage or the obligation it secures is modified by the parties?
mortgage retains priority as modified (i.e., with modification included in original priority; relates back, if you like), UNLESS it materially prejudices holders of such junior interests
is the following language sufficient to create an express easement? “the baker, his heirs, and assigns shall have the use of the dirt road running along the western border of Ranch B for ingress and egress to Ranch A”?
Yes
diff b/w easement by prescription and adverse possession
easement by prescription where:
(1) land only used, not built on, or
(2) possession not exclusive of others
what does someone trying to enforce an implied reciprocal servitude need to show
(1) common plan or scheme of development, AND
(2) party to be bound had notice of restriction
does a change in zoning which occurs b/w formation of contract but before escrow closing affect marketability of title?
no
if (1) father deeds property to son but retains life estate, (2) son fraudulently changes deed to make it look like he owns, (3) son mortgages property based on fraudulent deed, and (4) mortgagee tries to foreclose, what is the nature of the sale that mortgagee can make and why
sale subject to father’s life estate b/c son can only mortgage the property interest he owned, and he only owned a remainder in the property; mortgage cannot extinguish father’s life estate
~ bank takes son’s title (remainder interest) to property
what may heirs or devisees do when the purchaser in a real estate sales contract dies after formation but before closing?
compel vendor to proceed with transaction, via judgment for specific performance if necessary
Absent what does police extension of a traffic stop in order to conduct a dog sniff violate Constitution’s shield against unreasonable seizures?
absent reasonable suspicion
what does shipment of nonconforming goods with notice of accommodation NOT constitute? what does it constitute?
NOT: acceptance and breach
DOES: counteroffer
what if shipment of nonconforming goods with notice of accommodation happens AFTER letter of acceptance?
notice of accommodation is ineffective, it’s a breach
May a person use force to recover property taken under a claim of right (e.g., repo man)?
no
if a question is asking about a fundamental right and doesn’t include 14A DPC but does include 14A EPC, what do you pick?
14A EPC
does intentional infliction of emotional distress have to be directed at (i.e., intended for) the person who claims it?
no, so long as the elements of the tort are satisfied (intentional/reckless, extreme/outrageous conduct, severe emotional distress)
what price does buyer pay for nonconforming/replacement goods that he accepts in place of what was contracted for?
contract price
when may the US supreme court take a state case decided on both state and federal grounds
when it is not apparent that the state court’s judgment was settled based on a state court interpretation of state law precedent or the state constitution
i.e.,
if there’s a notion it might not have been
can also ask for clarification
example of consequential damages (bacon)
- $500 for 100 lbs of bacon for blts
- 50 delivered
- no other bacon source
- blts sold out almost immediately
- lost ~$1k in profits due to missing 50 pounds
- buyer can recover $1,250 -> $250 for the 50 lbs not delivered, $1k for lost profit consequential damages
does the erie doctrine apply to federal question claims?
no, only diversity and supplemental
can a party make inconsistent claims?
yes, court will allow to be determined by the trier of facts
judicial foreclosure sale requirements
(1) open to the public
(2) properly noticed
(3) conducted in a reasonable manner (usually dictated by statute)
(4) result in a “fair” sale price
injurious falsehood (tort)
v - false statement made to another by d
i - intent to economically damage p
c - causes
r - economic injury to p
when can a private contract be modified by legislature? (e.g., drinking age 18, 19yo buys keg to be delivered, before delivery statute raises the drinking age to 21)
when
(1) necessary to serve an important and legitimate public interest
(2) reg is a reasonable and narrowly tailored means
can evidence of plea negotiations involving a witness (i.e., not a defendant) be introduced at trial of defendant?
yes
can a contract that is divisible into legal and illegal parts have the legal part enforced? when won’t “legal” parts be enforced
yes, but won’t be considered legal if it is an integral part of the illegal transaction
when are general damages presumed in defamation actions?
if there occurred non-pecuniary injury to reputation (injury, loss of friends)
can congress regulate to promote the general welfare? what is the implication for the spending power?
no, only spend; if the spending is conditioned, i.e., for regulatory purposes, cannot be for “general welfare,” has to be reasonably related to the goal of the spending program
absent consent or exigent circumstances, what do the police need to execute a warrant for a named individual in the home of another (i.e., third) person
a search warrant for that home
if an opponent objects to the accuracy of a witness’s firsthand account, when may the judge nonetheless admit the testimony
if she finds there is sufficient evidence for the jury to reasonably conclude the witness has firsthand knowledge
how is personal jurisdiction for quasi-in-rem satisfied
due process standard applicable to pj (min contacts)
shelter rule: a bona fide purchaser protected by the recording statute gives title to a subsequent purchaser…
…free of encumbrances
does the shelter rule apply even if the subsequent purchaser has actual, constructive, or inquiry notice?
example?
yes.
- unrecorded underground gas-line easement on property
- a sells to b, who is a bfp without notice of easement (unenforceable against him)
- b sells to c, who worked on the construction of the gas-line easement (actual notice)
- c takes free of the easement even though he had notice, because he is sheltered by b
present covenants in a warranty deed are considered ____ and do not ____
personal; run with the land
