Multiple Subjects Flashcards

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1
Q

What is the duty of a landowner to an invitee?

A

The landowner owes an invitee a general duty to use reasonable and ordinary care in keeping the property reasonably safe for the invitee. This general duty includes the same duties owed to licensees, which includes a duty to:

  1. Warn of or make safe non-obvious, dangerous conditions known to the landowner and use ordinary care in active operations on the property; AND
  2. Make reasonable inspections to discover dangerous conditions and, thereafter, make them safe.
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2
Q

Who is an invitee?

A

A person who enters the premises in response to an express or implied invitation of the landowner. There are two classes:

  1. Those who enter as members of the public for a purpose for which the land is held open to the public; and
  2. Those who enter for a purpose connected with the business or other interests of the landowner or occupier
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3
Q

What force can possessors use to protect their possessory rights?

A

Only that force that is reasonable under the circumstances.

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4
Q

Do zoning restrictions make title unmarketable?

A

No, but zoning violations will make title unmarketable

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5
Q

What is obscenity?

A

A description or depiction of sexual conduct that a reasonable person, applying contemporary community standards would:

  1. think appeals to the prurient interest in sex;
  2. portrays sex in an offensive way; and
  3. does not have serious literary, artistic political or scientific value
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6
Q

What does the speech and debate clause do?

A

It shields members of federal Congress from:

  1. civil or criminal suits relating to their legislative actions; and
  2. grand jury investigations relating to those actions.
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7
Q

What is a contract waiver?

A

It is an excuse of the nonoccurrence or delay of a condition to a duty. Constructive conditions of exchange can be waived through conduct, by treating a breach as only a partial breach and continuing to perform the K. Although a waiver may be retractable in certain situations, a waiver is NOT retractable once the non-waiving party has relied on the waiver.

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8
Q

What makes a deed valid?

A
  1. must be in writing;
  2. signed by grantor;
  3. unambiguously identify the land;
  4. identify the parties;
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