7/19 Flashcards
does encroachment (e.g., of a road you built) on a neighbor’s land render title unmarketable? Why/why not?
yes, potential lawsuit from neighbor
appropriation tort
v - voluntary unauthorized use of plaintiff’s identity or likeness for d’s commercial advantage, in connection w/ promotion of product or service
i - intentional
c - causes
r - harm to person’s privacy
does a lease automatically terminate upon the death of landlord or tenant?
no
is character evidence showing that an animal acted in conformity with character admissible? exeption(s)?
yes, unlike for people, this is generally admissible.
exception: showing an animal acted in conformity with specific acts of other animals, even of same species; must be character evidence of that specific animal to be admissible
how to know if offenses are separate and distinct, for indictment purposes
a different set of facts is required to prove each charge
ex: person killed when car careens off road; manslaughter brought against driver; driver was drunk, DWI is separate and distinct (not needed for manslaughter)
what kind of searches may officers lawfully do while accompanying an arrested individual into his home to change clothes or obtain ID or other personal effects? why?
- inspect areas to which the defendant must go to engage in the activity
- to protect the safety of arresting officers
scienter
d makes misrep knowing it to be false or recklessly possessing insufficient information as to its truth or falsity
rule against perpetuities graph
when does a trust fail as to all class members b/c of RAP
if it can violate the Rule as to any class member
between each of these methods, what most effectively enforces a restriction on land use without burdening buyers:
- zoning
- easement
- covenant
- fee simple subject to condition subsequent
covenant
which is factual cause, which is legal cause: actual, proximate
actual - factual
proximate - legal
what is required for a co-tenant to acquire the other co-tenant’s share via adverse possession
ouster
does a mortgagor mining for copper in an extant copper mine that had not been used for a year prior to the mortgagor’s acquisition constitute waste? why/why not?
no, because physical changes to the property securing the mortgage resulting in a reduction in the property’s value are required for waste; here, there are no physical changes, the mine already existed
does questioning violate 6A flow chart
default judgments that are constitutionally or procedurally defective are subject to ______ by the person upon whom dj was rendered
+ how this could happen
collateral attack
+ insufficient service of process
