Questions I've Gotten Wrong but will get Right Flashcards
When is a remainder vested?
A remainder is vested if the beneficiaries are ascertainable and their taking is not subject to a condition precedent.
Can a person be convicted of a statute enacted for their protection?
No, if a statute is intended to protect members of a limited class from exploitation or overbearing, members of the class are immune from liability, even if they participate in the crime in a manner that would otherwise make them liable. Ex. immigrants being protected by people taking advantage of them for a state id.
What are the requirements for a burden to run with the land?
To be bound: (i) parties must have intended that the covenant run with the land; (ii) the original parties must have been in horizontal privity; (iii) the succeeding party must be in vertical privity with the original promisor; (iv) the covenant must touch and concern the land; and (v) generally, the burdened party must have actual or constructive notice of the covenant.
What does the Free Exercise clause not provide?
A right to religious exemption from a neutral law that happens to impose a substantial burden on a religious practice IF the law is otherwise constitutionally applied to persons who engage (or fail to engage) in the particular conduct for nonreligious reasons. The State need not establish a strong interest or a lack of alternative means if the challenged statute is neutral.
What is the common law indemnity rule? as applied to vicarious liability? How is it different from contribution?
Permits a shifting between tortfeasors of the entire loss. allowing a 100% recovery from the faultier party without showing a company rule was breached. contribution, in contrast, apportions the loss among those who are at fault.
When using non deadly force, is the duty to retreat still present?
No.
What does the Enabling clause do?
This 13th amendment clause has been held to confer on Congress the authority to proscribe almost any private racially commercial transactions, it necessarily reaches private conduct.
What kind of injury does negligence use?
unreasonable risks of injury
What is assault?
(1) an attempt to commit a battery
(2) the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm.
