Illinois

Question 1

attractive nusiance?

Answer 1

no, just reasonable care

Question 2

duty to licensees?

Answer 2

just reasonable care under the circumstances.

Question 3

joint and several liability

Answer 3

apportion costs on tortfeasors according to fault

Question 4

standard of liability (contrib neg?)

Answer 4

modified comparative negligence

Question 5

liability for domestic animals?

Answer 5

on the owner, if the plaintiff didn’t provoke

Question 6

adverse possession in IL length

Answer 6

7 years under color of title, or 20 years otherwise

Question 7

risk of loss w/ seller or buyer before closing?

Answer 7

w/ seller (UVPRA)

Question 8

title state or lien state?

Answer 8

intermediate theory state

Question 9

requirements for a preliminary injunction

Answer 9

1) clearly ascertainable right
2) irreparable harm
3) no adequate remedy at law
4) likely to prevail on the merits

Question 10

What is an article 9 security interest?

Answer 10

Consensual lien on personal property

Question 11

Requirements for a security interest to attach?

Answer 11

1) the secured party must give value, 2) the debtor must have rights in the collateral, and 3) SOF for article 9 met (describes the grant of collateral).

Question 12

priority between secured interests

Answer 12

1) first to perfect. if neither perfected, first to attach.

Question 13

priority between secured creditor and a buyer

Answer 13

creditor has priority unless buyer fits into an exception. Buyer in the ordinary course of business (no knowledge of security interest + buys good from a merchant)

Question 14

standard for what secured creditor can do upon repossession?

Answer 14

commercially reasonable

Question 15

standard for liability of baillee who violates conditions of the bailment?

Answer 15

strictly liable

Question 16

if bailment entirely for benefit of bailor, what standard of care on bailee?

Answer 16

only gross negligence

Question 17

if bailment entirely for benefit of baillee, what standard of care?

Answer 17

small negligence (high duty of care). but not strict liability

Question 18

if bailment for benefit of both parties, what standard of care?

Answer 18

ordinary standard of care

Question 19

witnesses to a will w/ financial stake

Answer 19

will still valid, but interest purged to extent above intestacy share

Question 20

requirements for a valid will

Answer 20

signed writing, witnesses, testamentary intent,

Question 21

order for abatement of will

Answer 21

general gifts, demonstrative gifts, specific gifts

Question 22

implication of verified complaint

Answer 22

everything else must also be verified

Question 23

supreme court original jurisdiction

Answer 23

governor is gone or map is drawn

Question 24

original discretionary jurisdiction

Answer 24

habeas, mandamus, tax cases

Question 25

appellate mandatory jurisdiction for sup crt (skips appellate crt)

Answer 25

statute stricken or death penalty given, or constitutional issue arisen

Question 26

venue for IL

Answer 26

where D resides, where cause of action arise, if no D in state, any county is great

Question 27

requirements to create a valid trust?

Answer 27

trustee, ascertainable beneficiary (if indefinite class, eg.. my friends, then trustee can pick one. unless must be equal distributions), and trust property