last minute Flashcards
common law easement by estoppel is created through
good faith, reasonable, detrimental reliance on permission by a servient estate holder
seller who has acquired real property through adverse possession cannot convey marketable title because
the property is subject to a reasonable risk of litigation, thus buyer cant be compelled to purchase the property
mutuality of remedies
seller of real property can seek specific performance and force buyer to purchase property
covenant of marketable title is implied in
every contract for sale of real property
sof requirement for land sale contract
writing, signed by the party to be charged, and contain all essential terms
part performance doctrine
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
special warranty deed only protects the grantee against a title defect that arose
during the time the grantor had title
transferee buyer assumes mortgage=
upon default, transferee buyer and mortgagor borrower are personally liable
transferee buyer takes title subject to mortgage=
transferee buyer not personally liable upon default, but the property can be sold at a foreclosure sale to satisfy the obligation
specific personal JX exists when
p’s claim arises from D’s minimum contacts with forum state; and JX complies with notions of fair play and substantial justice
if these items are not included in answer, they are waived
admissions/denials, motions not waived, affirmative defenses, compulsory counterclaims
considering a motion to dismiss for failure to state a claim, the court must
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
supplemental JX when
other claims have common nucleus of operative facts with original claim within orginial JX
motion for summary judgment granted only if
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
support motion for summary judgment with
pleadings, affidavits, declarations, discovery; no deposition transcripts
consdiering a motion for judgment as a matter of law, the court must
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
federal civil jury verdict must be
unanimous and returned by atleast 6 jurors; can challenge if not met and seek a new trial
JMOL or directed verdict
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
jmol denied during trial, movant can file
renewed JMOL motion 28 days after entry of judgment
grounds for preliminary injunction in fed court
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
interrogatories
written questions on another party to inquire about any matter within scope of discovery; cant be served on nonparties
fed rule 37
motion to compel a discovery response or disclosure
demand for jury trial served on opposing party NLT
14 days after last pleading; file demand with court a reasonable time after service of demand
fed cil rules limit depositions to
10; need courts permission if exceeding 10 limit, deposition before initial planning conference, or deponent was already deposed
class action fairness act, when no FQ or Div SMJ
100 members or more
any member diverse from 1 D-minimal diversity
AIC more than 5 million, when aggregated members claims
fed rule 15 party can amend its original pleading
once as a matter of course without courts permission
response to an amended pleaded has a timeline of the later of
time left from original filing or 14 days after service of amended pleading
fed civ requires initial discovery disclosures of
all documents and items they possess and may use to support a claim or defense
mistakes in order such as clerical cant be made after appeal is
docketed, without leave of appellate court
motion for relief from judgment made within
1 year from entry of final judgment;
timing for motion for a new trial
28 days of final judgment
failure to deny damages does not deem them
admitted and conclusively established; unlike allegations which are admitted and conclusively established if admitted or failed to deny
court order for party to undergo medical exam is proper where
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
exceptions to parol evidence rule
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
