last minute

Question 1

common law easement by estoppel is created through

Answer 1

good faith, reasonable, detrimental reliance on permission by a servient estate holder

Question 2

seller who has acquired real property through adverse possession cannot convey marketable title because

Answer 2

the property is subject to a reasonable risk of litigation, thus buyer cant be compelled to purchase the property

Question 3

mutuality of remedies

Answer 3

seller of real property can seek specific performance and force buyer to purchase property

Question 4

covenant of marketable title is implied in

Answer 4

every contract for sale of real property

Question 5

sof requirement for land sale contract

Answer 5

writing, signed by the party to be charged, and contain all essential terms

Question 6

part performance doctrine

Answer 6

1) either party can seek specific performance;
2) acts of performance are persuasive evidence of a contract;
2) acts: payment of all/part of purchase price; possession by buyer; substantial improvement by buyer to property
3) acts establish that the oral agreement was certain and definite in its terms; acts result from agreement; agreement was so far executed that refusing to enforce agreement would result in a fraud and not lie in compensation

Question 7

special warranty deed only protects the grantee against a title defect that arose

Answer 7

during the time the grantor had title

Question 8

transferee buyer assumes mortgage=

Answer 8

upon default, transferee buyer and mortgagor borrower are personally liable

Question 9

transferee buyer takes title subject to mortgage=

Answer 9

transferee buyer not personally liable upon default, but the property can be sold at a foreclosure sale to satisfy the obligation

Question 10

specific personal JX exists when

Answer 10

p’s claim arises from D’s minimum contacts with forum state; and JX complies with notions of fair play and substantial justice

Question 11

if these items are not included in answer, they are waived

Answer 11

admissions/denials, motions not waived, affirmative defenses, compulsory counterclaims

Question 12

considering a motion to dismiss for failure to state a claim, the court must

Answer 12

treat all well pleaded facts in complaint as true; and view evidence and draw all reasonable inference in light most favorable to the non movant

Question 13

supplemental JX when

Answer 13

other claims have common nucleus of operative facts with original claim within orginial JX

Question 14

motion for summary judgment granted only if

Answer 14

no genuine dispute of material fact; and evidence legally insufficient for a reasonable jury to find in favor of nonmovant, so the movant is entitled to judgment as a matter of law

Question 15

support motion for summary judgment with

Answer 15

pleadings, affidavits, declarations, discovery; no deposition transcripts

Question 16

consdiering a motion for judgment as a matter of law, the court must

Answer 16

view evidence and draw all reasonable inferences in favor of the nonmovant; disregard evidence favorable to movant that jury need not believe; not consider credibility o witnesses or weight of evidence

Question 17

federal civil jury verdict must be

Answer 17

unanimous and returned by atleast 6 jurors; can challenge if not met and seek a new trial

Question 18

JMOL or directed verdict

Answer 18

requests court issue judgment in favor of movant bc the evidence is legally insufficient for a reasonable jury to find in favor of nonmovant
filed only after nonmovant presents its case, but before case is submitted to jury
if granted removes the case from jury consideration

Question 19

jmol denied during trial, movant can file

Answer 19

renewed JMOL motion 28 days after entry of judgment

Question 20

grounds for preliminary injunction in fed court

Answer 20

movant likely to succeed on merits
likely to suffer irrepareable harm in absence of relief
balance of equities in movants favor
injunction in best interests of public

Question 21

interrogatories

Answer 21

written questions on another party to inquire about any matter within scope of discovery; cant be served on nonparties

Question 22

fed rule 37

Answer 22

motion to compel a discovery response or disclosure

Question 23

demand for jury trial served on opposing party NLT

Answer 23

14 days after last pleading; file demand with court a reasonable time after service of demand

Question 24

fed cil rules limit depositions to

Answer 24

10; need courts permission if exceeding 10 limit, deposition before initial planning conference, or deponent was already deposed

Question 25

class action fairness act, when no FQ or Div SMJ

Answer 25

100 members or more
any member diverse from 1 D-minimal diversity
AIC more than 5 million, when aggregated members claims

Question 26

fed rule 15 party can amend its original pleading

Answer 26

once as a matter of course without courts permission

Question 27

response to an amended pleaded has a timeline of the later of

Answer 27

time left from original filing or 14 days after service of amended pleading

Question 28

fed civ requires initial discovery disclosures of

Answer 28

all documents and items they possess and may use to support a claim or defense

Question 29

mistakes in order such as clerical cant be made after appeal is

Answer 29

docketed, without leave of appellate court

Question 30

motion for relief from judgment made within

Answer 30

1 year from entry of final judgment;

Question 31

timing for motion for a new trial

Answer 31

28 days of final judgment

Question 32

failure to deny damages does not deem them

Answer 32

admitted and conclusively established; unlike allegations which are admitted and conclusively established if admitted or failed to deny

Question 33

court order for party to undergo medical exam is proper where

Answer 33

mental/physical condition is in controversy
motion for the order based on good cause
order provides notice of time, place, manner, conditions, scope, and who will perform the exam

Question 34

exceptions to parol evidence rule

Answer 34

to determine whether writing is integrated, partially or completely
ambiguous terms
defense to formation/enforcement-fraud/duress/mistake
establishing whether rescission/reformation applies
establishing contract modifications