Final Fine Tune Flashcards

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1
Q

Inn Keeper / Common Carrier
vs
Amusement Rule

A

Inn Keeper - refuse reasonably
bc holding themselves out to serve public
vs
Amusement - arbitrary consistent w civil rights

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2
Q

Ten by The Entirety

A

4 Unites Must be Present , Presumption in Common Law

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3
Q

Benefits of JT / TIC

A

Ten in poss can use as long as NOT WASTE , Burdens

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4
Q

Ouster

A

Wrongful Dispossession of a Rightful Owner or Tenant

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5
Q

Constructive Ouster

A

If Hostility flows from Ten in Poss

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6
Q

Property in Wild Animals

A

Labor ,Reasonable Prospects , Capture, Pre- Poss Interest, Mortal Wounding, Eff Trapping, Landowner,

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7
Q

Bailment

A

a TEMPORARY Transfer of property for a specific reason form bailor to bailee w/ the intent that the prop will be returned at the conclusion of that reason

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8
Q

Gift - define

A

an Immediate voluntary transfer of property to another gratuitously w/o consideration

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9
Q

Gift - 5 Elements

A

[II- Cap - AD] Immediate , Intent , Capacity , Acceptance, Delivery

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10
Q

Adver. Poss - define

A

allows a NON-OWNER who actually POSSESSES land w/o PERMISSION of the TRUE Owner to Acquire Ownership of that land

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11
Q

AP - 5 Elements

A

Actual Poss, ADVERSE + Hostile , Open + Notorious , Exclusive , CONTINUOUS,

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12
Q

Tacking - define

A

Can add Successive Periods of AP by different TRESPASSERS together if these persons have privity

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13
Q

Privity - define

A

When an earlier POSSESSOR gives the next POSSESSOR a title document to transfer to the next SUCCESSOR or if the Successor is an heir to the AP

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14
Q

FHA - Familial Status

A

1 or more individuals being domiciled w/ a parent or guardian

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15
Q

FHA - Unlawful to …(4 things)

A

Discriminate on terms , conditions, privileges, or refusal to rent

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16
Q

Covenant of Quiet Enjoyment - define

A

LL obligation to provide the Ten w/ reasonable PRIVACY + FREEDOM from any INTERFERENCE w/ the Ten’s Exclusive USE + ENJOYMENT of the rented premises (implied in all leases)

17
Q

IWH 5 Elements

A

Standard (zoning ord) , Notice (inspect/notice) Non-waivable, Breech (3 ways), Remedies (a lot)

18
Q

Retaliatory Eviction exists ….

A
to Protect the right of the Ten to not ignore their rights 
// discourages the LL form Raising Rent, Reducing  Services, Eviction
19
Q

Lease - define

A

Transfer of Possessory right to use a defined space in return for the promise to pay rent

20
Q

License - define

A

Limited right to use land and revocable at the will of the licencor // Dominion + Control deciding factor

21
Q

Constructive Eviction / Partial

A

LL ..SUBSTANTIALLY INTERFERED ….

22
Q

IWH

A

must provide premises that are FIT for Human Habitation + repair any defect that deprives the Ten of any ESSENTIAL Function of living