Illinois Flashcards
attractive nusiance?
no, just reasonable care
duty to licensees?
just reasonable care under the circumstances.
joint and several liability
apportion costs on tortfeasors according to fault
standard of liability (contrib neg?)
modified comparative negligence
liability for domestic animals?
on the owner, if the plaintiff didn’t provoke
adverse possession in IL length
7 years under color of title, or 20 years otherwise
risk of loss w/ seller or buyer before closing?
w/ seller (UVPRA)
title state or lien state?
intermediate theory state
requirements for a preliminary injunction
1) clearly ascertainable right
2) irreparable harm
3) no adequate remedy at law
4) likely to prevail on the merits
What is an article 9 security interest?
Consensual lien on personal property
Requirements for a security interest to attach?
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).
priority between secured interests
1) first to perfect. if neither perfected, first to attach.
priority between secured creditor and a buyer
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)
standard for what secured creditor can do upon repossession?
commercially reasonable
standard for liability of baillee who violates conditions of the bailment?
strictly liable
if bailment entirely for benefit of bailor, what standard of care on bailee?
only gross negligence
if bailment entirely for benefit of baillee, what standard of care?
small negligence (high duty of care). but not strict liability
if bailment for benefit of both parties, what standard of care?
ordinary standard of care
witnesses to a will w/ financial stake
will still valid, but interest purged to extent above intestacy share
requirements for a valid will
signed writing, witnesses, testamentary intent,
order for abatement of will
general gifts, demonstrative gifts, specific gifts
implication of verified complaint
everything else must also be verified
supreme court original jurisdiction
governor is gone or map is drawn
original discretionary jurisdiction
habeas, mandamus, tax cases
appellate mandatory jurisdiction for sup crt (skips appellate crt)
statute stricken or death penalty given, or constitutional issue arisen
venue for IL
where D resides, where cause of action arise, if no D in state, any county is great
requirements to create a valid trust?
trustee, ascertainable beneficiary (if indefinite class, eg.. my friends, then trustee can pick one. unless must be equal distributions), and trust property
