UWorld Contour Rules Flashcards
Covenants of Title
Present
(i) Seisin (G’or owns interest)
(ii) Right to Convey (G’or owns legal right to convey)
(iii) Against Encumbrances
Future
(i) Warranty (G’or will defend/compensate G’ee for claims)
(ii) Quiet Enjoyment
(iii) Further Assurances (actions reasonably necessary)
Fee Simple Determinable
Fee Simple that automatically terminates if specified
Features: Durational language, G’or’s possibility of reverter, potential executory interest (when expressly stated)
Implied Easement by Necessity
Necessity - Dominant estate virtually useless w/o easement across servient estate
Common Ownership - Dom/Serv estates were under common ownership in the past
Severance - Necessity arose when land was severed + dom/serv estates were created
Can officers execute an arrest warrant by entering the target’s home without knowing the defendant is there?
No - Officers need reason to believe target is in the house before invading REP there if no separate search warrant for the house
Temporary Impracticability - When it allows dismissal of party’s duties
Temporary impracticability merely suspends a party’s duty to perform until the circumstances giving rise to the impracticability cease to exist. UNLESS the delay makes performance materially more burdensome
Double Hearsay - One admissible, one not
When a hearsay statement is contained within another, neither statement is admissible unless both are excluded or excepted from the rule against hearsay
Content-based speech regulations
Content-based regulations must pass strict scrutiny - necessary and narrowly tailored to achieve a compelling government interest.
Examples of Nonjusticiable Questions
Recognition of Foreign Govs
Reception of Ambassadors
Nature of wars/hostilities
Partisan gerrymandering
Guarantee of republican form of government
Recognition of Native American Tribes
House/Senate Impeachment rules
Ratification process for constitutional amendments
Nonjusticiable Political Questions (General)
Fed courts must dismiss nonjusticiable political questions - occurs when
(i) Constitution reserves the issue to another branch of gov and/or
(ii) Court lacks judicially discoverable and manageable standards to resolve the issue
Character-Evidence Exception for Civil Cases
Character evidence exception allowing criminal defendants to intro testimony regarding a pertinent character trait does not apply in civil cases.
Risk of Loss in Absence of Breach
Under UCC - risk of loss generally passes to the buyer when the buyer receives the goods. But, if the K requires seller to deliver the goods through a 3rd-party carrier, risk of loss passes at different times:
Shipment: Risk of loss passes when goods are delivered to the carrier
Destination: Risk of loss passes to buyer when goods are delivered at the place specified in K
Commercial Manufacturer Reasonable Care
Manufacturers/distributors/retailers/sellers owe a duty of reasonable care to foreseeable plaintiff
Restitution Damages
In UCC - breaching buyers are entitled to restitution damages for the value of any advance payments made to the seller, minus the amount of the seller’s damages
Demanding Assurances
One party’s prospective inabiliity to perform under the contract gives the other the right to demand assurance of performance and suspend its own performance until assurance is provided. Failure to assure w/i reasonable time (30 days in UCC) constitutes a breach
Trespass to Land
Requires Proof that
(i) ∂ intentionally entered the land in question
(ii) π did not consent to entry
Sometimes tested by ∂ trespassing on land they believe to be their own
