FINAL REVIEW 161-180 Flashcards

1
Q

Forced Sale and Equitable Division

A

Forced sale and division of the proceeds is allowed where a fair and equitable physical division of the property is not possible

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2
Q

Rule Against Perpetuties

A

RAP APPLIES:

  1. Contingent remainders/Class gifts
  2. Option to purchase connected with a fee
  3. Powers of appointment
  4. Executory Interests
  5. Rights of First Refusal

NOT:

  1. Possibility of Reverter - Automatic
  2. Right of Rentry - Manual
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3
Q

Summary Judgement and Timing

A

Party can prevail at SJ by showing absence of admissible evidence in the discovery record to support claim by opposing party. Anytime until 30 days after discovery

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4
Q

Expert Testimony Requirement

A

Expert testimony is not required for negligence matters where an ordinary person is expected to have the knowledge, or where the lack of skill or care is so clear as to render expert testimony unnecessary.

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5
Q

Economic losses and negligence

A

Generally, there is no negligence recovery by those suffering purely economic losses.

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6
Q

Novation

A

Either replacing an obligation to perform with a new obligation, or replacing a party with a new party.

TIP - Discharges previous duties under new agreement

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7
Q

TIPS FOR MULTIPLE CHOICE QUESTIONS

A

Correct Statement of law over statement of fact

Two answers that are the same cannot be correct

Reading Comprehension - Least, not, inadmissible, always, never, any whenever - QUESTIONABLE

If you dont know what an answer choice is stay away

Told the unlikely party won - Generally apply minority position

Choose a more specific answer

Elements that are there are good, elements missing is better

MPE FORMULA:

  1. Issue
  2. Apply Law
  3. Remove wrong answers
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8
Q

Accomplice Liability Theory

A

Requires:
1. Intent that the crime be committed

  1. Encourage someone to perform the unlawful acts
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9
Q

Assumption of the Risk

A

Express Assumption - Plaintiff releives D of any legal duty either:

  1. By contract
  2. By overt language agreeing to waive liabilty and not sue

Results in Complete Bar

Implied Assumption - Plaintiff voluntarily agrees to encounter a known risk

  1. Doctrine has merged into compartive fault in most places
  2. Not a complete bar to recovery
  3. Assume joint and several liability
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10
Q

Misrepresentation

A

Requirements:

  1. False representation of a past or present material fact
    - Non-disclosure in the case of fiduciary relationship
  2. Scienter
  3. Actual and justifiable reliance by P
  4. Damages

Generally, no duty to disclose information exists unless there is special relationship

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11
Q

Res Ipsa Loquitor

A

Provides “inference” of negligence

Establishes duty and breach

Procedural effect: enough to avoid directed verdict

Res Ipsa may be applied when multiple defendants and insturmentalities may have caused accident, provided there is a finite group to blame.

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12
Q

Control over Instrumentality

A

Issue is whether D had the right to control and not actual control.

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13
Q

Easement Rights

A

Holder of an easement has the right to enter upon the land of the servient tenement and make reasonable use of the easement.

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14
Q

Impeachment by Conviction

A

Crimes are admissible for credibility impeachment if within last 10 years:

  1. Punishable by death or imprisonment in excess of one year.
  2. Crime involved dishonesty or false statement
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