Beyond Reasonable Doubt

clear

UCC Article 2

land

infants

present intent to contract

bargained for exchange of

performance longer than a year

clear expression of assent

mentally incompetent individuals

executorship

consideration

suretyship

to the contract terms

goods over $500

objective manifestation

legal value

offer

marriage

no defenses

Common Law

acceptance

between the parties

acceptance with additional terms

offeree becomes aware of the offeror’s unambiguous conduct

acceptance of the contract terms

rejection by offeree

lapse of time

detrimental reliance

don’t apply to options contract

an options contract

UCC firm offer

an unambiguous statement by the offeror to the offeree

conditional acceptance

promises to ship goods

counteroffer

upon dispatch

an express rejection

revocation by offeror

promptly ship goods

offeree begins performance

offeror has knowledge that offeree has begun performance

promise

material fact

promisor expects reliance

mistaken to

prior to contract formation or performance

injustice will occur without the enforcement of the promise

signed writing by the party to be charged

both parties are

at time of contract formation

contract entered

false assertion of

which overcomes the party’s free will

under excessive pressure

no obligation to perform

part performance

wrongful act

by an individual susceptible to pressure

factual assumption of the contract

detrimental reliance occurs

non-carrier merchant sells to buyer and takes physical possession

contradict the written contract

shipment by common carrier upon dispatch

express warranty

supplement

non-carrier non-merchant buyer need only tender delivery

implied warranty for a particular purpose

implied warranty of merchantability

with respect to their manner of delivery

in separate lots

accept in whole

reject in part

time for performance has not yet expired

in perfect tender

accept in part

seller gives buyer notice of intent to cure

buyer has notified seller of imperfect tender

delivery

reject in whole

goods must be delivered

where the other party is obligated to perform or complete their performance

where the other party is deprived of the benefit of the contract

substantial benefit incurred to one party

one party has substantially performed

the party will not perform the contract

that can be terminated by either party

objectively impossible

at any time

performance

clear

performance is

unambiguous act

event is not the fault of the parties

with extreme and unreasonable difficulty or expense

destroys the purpose of the contract

only possible

agreement

subsequent to the required performance of the contract

unexpected event

precedent

existing parties to a contract

consideration is now required

mutual assent

existing parties

agree to substitute a new party

alter the original contract terms where

to perform the contract

intended the third party

parties of the contract

parties of the contract

relies upon the contract

to benefit from the contract

files suit

assents

for the third party to benefit from the contract

did not intend

commercially reasonable expenses

reasonable

foreseeable losses

indirectly resulting from the breach of contract

put the non-breaching party

unforeseeable

which flow from the breach of the contract

unique goods

occur prior to contract formation

damages that are not personal services

land

economic position had the party completed the contract

Federal Rules of Evidence

any other rule established by the Supreme Court of the United States

probative value

United States Constitution

fault

an inadequate warning

presenting duplicative evidence

undue delay or waste of time

settlements

misleading the jury

than it would be without the evidence

substantially outweighed by

payments or offers to pay medical expenses

party’s ability to pay damages

defect

liability insurance

conducted outside the presence of the jury

subsequent remedial measures

confusion of issues

federal statute

more or less probable

it is used to prove ownership

the danger of unfair prejudice

prove fault

makes a fact

court-ordered hearing on admissibility of evidence

rebutted by the prosecution

probative value is substantially outweighed by the danger of unfair prejudice

prior relationship between the victim and defendant

common plan or scheme

victim’s violent character reflects

third party is the source of the DNA or injury

notify the victim 14 days prior to trial

Defendant and once introduced

if the Defendant first offers evidence of the victim’s character

sexual assault

victim puts their reputation at issue

motive

identity

intent

be disclosed with their intent to offer the evidence

mistake or lack of mistake

describe the evidence’s purpose

victim attacked first

credibility of the witness used to

bias

reputation

fact not relevant to

prior inconsistent statements

contradiction

impeach the witness

the issues in the case

prior acts of misconduct

interest

reliable principles relied upon

published

testing

acceptance of others in the field

perception

the adverse party has the chance to enter it into evidence

inspection of the document by the opposing party

leading

communication

qualified

not read into evidence

memory

are or beyond the scope of direct

sincerity

not an expert

rate of error

helpful

witness to not read aloud from the document

proper factual basis formed

the record was made or adopted by the witness when it was fresh in their memory

provided with reasonable certainty

augmentative

helpful to understand or determining a fact

the record accurately reflects witness’s knowledge

rationally based

witness memory is insufficient to testify to the record’s content

witness had knowledge of the subject matter at issue

calls for narrative

personal knowledge

married at the time of the trial

terminates upon divorce

applies to both criminal and civil proceedings

made to facilitate the provision of legal services

psychotherapist

survives divorce

made during the marriage

limited to criminal cases

attorney client

they are intended to be confidential

can only be invoked by the witness spouse

spousal privilege or marital communications

doctor patient if recognized in the forum state

can be invoked by either spouse

prove the contents of a writing

without formal presentation

by formal request of a party

either on its own initiative

physical that

an original document

any fact as true

by any means that serve to establish authenticity

the proponent produces

out of court statement

emotion

statement against interest

under a duty of law

declarant was under the belief of impending death

vicarious statement

refusal

physical condition at the time the statement was made

state of mind

only applies to homicide or all civil cases

testimony

the truth of the matter asserted

by someone with knowledge at or near the time the matters described

sensation

contrary to declarant’s pecuniary gain

lack of memory

concern the declarant’s state of mind

admission

statement is made to physical personnel

reasonable person would not have made the statement unless believed to be true

speaker’s knowledge

dying declaration

declarant is currently unavailable

judicial statements

by a public employee within their scope of duty

prior testimony was given under oath

opportunity to cross examine and a similar motive in doing so

is made during the regular course of business

pecuniary gain

authenticated or certified in writing

excitement or stress

opportunity to cross examine the declarant

occurred at or near the time of the event

the statement was made in regard to the cause of circumstances surround the impending death

is made during or immediately after

offered to prove

describe the activities of a public office or agency

by judicial notice

statements offered against the party procuring declarants unavailability

declarant is unavailable

record or transaction recorded by the business

former testimony under oath

adoptive statements

words to proport the effect of the listener

declarant is unavailable

relate to the startling event in question

legal operative fact

death

privileged

pertaining to the diagnosis of that treatment of condition

describes or explains the event or condition

in a criminal case

an out-of-court statement

may be excluded if the declarant is unavailable

offered against the defendant

intentional

Plaintiff suffers emotional distress

intentional

Plaintiff is closely related to the injured third person

causing such harm

intermeddling of another’s personal property

harmful or immediate contact

Plaintiff was present when the injury occurred

physical invasion of one’s real property

voluntary act by the defendant

intentional

voluntary act by the defendant

Defendant

voluntary act

intermeddling of another’s personal property

Defendant knew of the relation

Defendant’s conduct seriously injured a third person

fair market value at the time of conversion

extreme or outrageous act

intentional

intentional

intentional

Plaintiff is confined to a bounded area

intentional

voluntary act by the defendant

Plaintiff suffers severe emotional distress

reasonable apprehension of harmful or immediate contact

reasonable belief

Defendant may use peaceful means

non-deadly force

reasonable belief

threatened injury was more serious than the property interference

properly timed

right to self-defense

application of reasonable

express consent

scope of consent was not exceeded

reasonably necessary

to recover unlawfully taken property

applied reasonable force

that was published

effects business or reputation

harmful to Plaintiff’s reputation

impute women’s chastity

pecuniary damages

that was published

falsity and fault

defamatory statement

loathsome disease

regarding the Plaintiff

crimes of moral turpitude

defamatory statement

spoken conduct where

regarding the Plaintiff

harmful to the Plaintiff’s reputation

knows the misrepresentation to be false

misrepresents a material fact in a professional setting

intended to induce reliance

unauthorized use

resulted in monetary loss

Defendant’s misrepresentation of a material fact

of Plaintiff’s

this interreference causes breach

resulting in damages

offensive to a reasonable person

name, image or likeness

damages in the form of pecuniary loss

widespread publication

where the Defendant has knowledge of such relationship

for commercial purposes

justifiable reliance by the Plaintiff

intentionally interferes with that relationship

Plaintiffs’ reasonable expectation of privacy

Plaintiff has a valid contractual relationship

highly offensive to a reasonable prudent person

breach of duty was owed

actual reliance by the Plaintiff

falsehood or material misrepresentation

attributable to the Plaintiff

the ordinance is designed to protect against that type of harm that occurred

zone of danger

close proximity to the Plaintiff

not attributable to the plaintiff

to confer a commercial benefit

owed to the individual

an act of God

business purpose

injuries incurred

damages

the Plaintiff is in the class the ordinance was designed to protect

inference of negligence

falls below the standard of care

attributable to the defendant

Licensee’s own personal

open to the public

children

Defendant establishes that Plaintiff’s conduct

Plaintiff suffers from some physical manifestation

valid ordinance is in place

condition is likely to cause injury

personal injury

intentional tort

alleged breach

dangerous condition

by custom or trade usage

foreseeable Plaintiffs

duty owed

breach

property damage

punitive damages

common carrier or innkeepers

professionals

the potential lost outweighs the risk of remedying the defect

children are in the area

contributed to Plaintiff’s injuries

causation

Owner’s permission for

suffers severe emotional distress from the incident

duty

criminal act

cannot be made safe

poses a severe risk

absolute duty to make safe

on another’s property

damages to person or property

causation

reasonably foreseeable damages

resulting from their animal’s conduct

uncommon activity

warranty of merchantability

express warranty

commercial supplier

used in a foreseeable manner

manufacturing defect

defective product

fit for particular purpose

design defect

that was the actual or proximate cause

inadequate warning

substantial interference

unreasonable interference

of the right to enjoy one’s property

with ones right to enjoy one’s property

tortious invasion

health, safety, or property rights of the public

average community member would be offended

single indivisible injury

recover against the other party for the excess damages paid

combine

acts of two or more Defendants

to the relationship with the Defendant

more than their fair share of damages

Defendant commits a tort

against the Plaintiff

proximate cause

purposefully

aids, abets or encourages

mens reus

to commit a crime or unlawful activity

voluntary

causation

actus reus

concurrence

different object

prohibiting the Defendant from being prosecuted separately for each crime

specific intent

between two or more people

cause-in-fact of the criminal act

physical act

different victim

knowingly

agreement

physical act

two or more offenses

malice

occur simultaneously

intent that the principal commits the crime

mental state

principal before, during or after

recklessly

general intent

negligently

another individual to commit a crime with the intent they commit the crime

inciting, urging, or asking

done with the specific intent to complete the crime

intent to commit the targeted crime

committed in furtherance of the conspiracy

an overt act in furtherance of

foreseeable

intentional agreement between two or more people

falls short of completing the crime

Defendant committed a crime under the reasonable belief

Durham Rule

Irresistible Impulse Test

Defendant believed their conduct was reasonably necessary

M’Naghten Rule

necessary to prevent death or serious bodily injury

criminal plan originated with law enforcement

Defendant had no prior pre-disposition to commit the crime

Model Penal Code

committed with criminal negligence

to a person or another

intent to kill

kidnapping

of a woman

no time to cool off

killing

carnal knowledge

killing

burglary

Depraved Heart

arson

provocation

of another human

unlawful confinement of a person

with either movement or concealment of the victim

resulting from adequate provocation

unlawful confinement of a person

without her consent

not resulting in Felony Murder

without their consent

by a man other than her husband

resulting in bodily injury or offensive touching

ordinary person to experience sudden and intense passion

reasonable apprehension of imminent bodily harm

rape

Felony Murder

unlawful application of force

robbery

intent to inflict serious bodily harm

intentional

unlawful killing

without their consent

with malice aforethought

of another’s personal property

another’s dwelling

entering

another’s personal property

by false statements

stolen property

burning

receiving possession and control

obtaining title to another’s property

purported legal significance

with the intent to defraud

malicious

of past or existing facts

written document

creation or alteration

with the intent to permanently deprive

force or threat

by false statements

of another’s personal property

taking and carrying away

obtaining title to another’s property

with the intent to permanently deprive them of that property

intent to commit a felony therein

breaking

intent to defraud

nighttime

by one in lawful possession

of past or existing facts

another’s dwelling

fraudulent conversion

known or should have known

intent to permanently deprive them of that property

taking and carrying away

claim for money damages paid by the state officer personally

suits between states

mootness

judgement by the state’s highest court

harmed

another branch of government

claim for injunctive relief for violation of the Constitution or federal law

wrongs capable of repetition

voluntary cessation

inherently incapable of judicial resolution

none

injury

class action lawsuits

ripeness

adequate state law ground

states waive sovereign immunity

injury

redressability

standing

final judgement of a lower court

causation

suit involves fourteenth amendment

suffers immediate threat of harm

federal government brings the suit

injured party is unlikely or unable to assert their own rights

independent

other foreign ministers

cases involving foreign ambassadors

Plaintiff’s injury adversely affects their relationship with third parties

bankruptcy proceedings

the scope is clearly defined

land

District of Columbia

general welfare

anyway deemed necessary

approval by the President

not granted to the federal government

economic activities that have a substantial effect on interstate commerce

bicameralism

condition must relate to the purpose of the law at issue

instrumentalities

exclusive authority

Indian reservation

economic activity if there is a rational basis to conclude that in the aggregate, it substantially affects interstate commerce

military

not a delegation of a core power

not prohibited by the States are reserved to the States

condition cannot be unduly coercive

signed within 10 days excluding Sunday

channels

commercial activity

regulate interstate commerce

condition must be clearly stated

courts

taken while in office

Congress can remove high-level executive officers through its impeachment power

other Federal Officers by a majority vote whereupon a trial in the Senate takes place with a 2/3 majority vote for removal from office

department or agency leadership

Federal Judges

disclosure of presidential papers

appoint ambassadors

accused

inferior officers in the presidency

Vice President

President can remove them freely unless limited by Congress

President

other high-level officers without the consent of the Senate

act as Commander in Chief of the military

civil suits arising from official actions

federal judges

ambassadors

power to represent the United States in foreign affairs

treaties

conversations

convicted of federal crimes

necessary to an important state interest

mutual exclusivity

supreme law of the land

state market participant

discriminate against out-of-state competition

tax must be fairly related to some governmental service or benefit

local laws if expressly stated

regulate wholly out-of-state activity

not necessary to achieve an important governmental interest

state law impedes a federal objective

Congressional approval

unduly burden interstate commerce

Congress has a clear intent to legislate exclusivity

traditional government function

relates to civil liberties

substantial nexus within the state

commercial activities

federal law

tax is fairly apportioned to the activity connected to the state

state

slavery

liberty

compelling governmental interest

race

substantially related

property without due process of law

necessary to achieve

rationally related

federal

state

important governmental interest

private entity performs an exclusive public function

legitimate government interest

local governments

life

significant state entanglement between the government and private conduct

color

indentured servitude

without just compensation

group members without a judicial trial

existing contractual duties including governmental obligations

public use

specific individuals

reduces the burden required to convict a person for a crime after it was committed

state cannot interfere

criminally punishes conduct that was lawful when done

increases punishment for a crime that has been committed

private property

contraception

abortion

education

raise your family

right to vote

procreation

marriage

travel

related to self-government and the democratic process

discriminatory motive is present

law is discriminatory on its face

congressional law regulating immigration

facially neutral law applied in a discriminatory manner

assembly

impact on speech is no greater than necessary to further the important governmental interest

non-public forum in which speech is reasonably related to some legitimate interest and viewpoint neutral

speech is aimed at causing imminent illegal activity

establish

deceptive

leave open adequate, alternative channels of communication

Constitution allows to be regulated

illegal

sponsor a religion

conduct

appeals to the prurient interest

regulation furthers an important government interest

taken as a whole lacks literary, artistic, or scientific merit

limited or designated public forum via a time, place, and manner restriction

false

religious beliefs

misleading

content neutral

religious

narrowly tailored to serve an important governmental purpose

political

give preference to one religion over another

prohibited

association

substantial likelihood that the speech will bring imminent illegal activity

speech

cultural beliefs

press

patently offensive in its sexual portrayal

concerns illegal activity

government interest is unrelated to suppression of the message

substantially more speech

committed the crime

automobile stop

detainment to obtain a search warrant

valid search warrant

serve a purpose related to automobiles

reasonable suspicion

planning to commit the crime

Defendant has standing

detainment of occupants of a premise

signed by a neutral detached magistrate

whether society is prepared to accept that activity as reasonable

criminal investigation purpose

stationhouse detainment

governmental conduct

presence of exigent circumstances

precise on its face

neutral or an articulable standard

stop & frisk

law was violated

interrogation

subjective expectation of privacy

probable cause

hot pursuit

evanescent evidence

search was limited to area within suspects reach or movement

intelligibly made

reasonable suspicion

frisk is limited to plain feel of weapons or contraband

inspections of highly regulated business or industries

search was contemporaneous with the arrest

consenting person has authority to do so

reasonable suspicion of criminally activity is a foot

routine searches

procedure for searching is reasonably related to the objective

legitimately on premise

probable cause exists

criminal activity is immediately apparent

describe with particularity the subject of conversations that are surveilled

terminate when the information acquired is the information sought

names of suspects subject to surveillance

emergency aid

probable cause that a specific crime has occurred or likely to occur

access to the items were lawful

moderate chance at finding evidence

limited to short time periods

probable cause arises prior to the search beginning

arrest was lawful

length of detainment is no longer than necessary

search is not overly intrusive

consent was voluntary

evidence seized as a result of a Miranda violation

violations of knock and announce rules

grand jury proceedings

government had an independent source to obtain the evidence

attenuation

parole or civil proceedings

inevitable discovery

separate sovereigns

court accepts a plea agreement

jury is sworn in

any proceeding

invokes the right to remain silent

successful appeal

breach of a plea agreement

intelligently made

any person

manifest necessity

if they cannot afford an attorney, one will be appointed to them

whom have the right to not respond to questions that might incriminate themselves

hung jury

right to remain silent as anything said can be used against them

right to an attorney

in custody

first witness is sworn in

voluntary

knowing

right to their fifth amendment right to counsel

interrogated

offense specific

charges have been filed

unanimous decision

may be excluded if the declarant is unavailable

right to an impartial jury

held in secret where

offered against the Defendant

no right to Miranda warning

understands the nature of their charge including critical elements, maximum penalty, right to plead not guilty, and right to a jury trial

afforded peremptory challenges

voluntary

an out of court statement is

intelligently made

voluntarily

suspect has no right to confront witnesses

no right to counsel

in a criminal case

jury pool must be a representative cross-section of the community

based on the totality of the circumstances

at least 6 jurors

required in federal court

insane at the time of the criminal execution

minor when the crime was committed

any cruel

conviction was for felony murder when Defendant was not a participant or didn’t act with depraved heart

unusual punishment

grossly disproportionate to the charged offense

mentally disabled

Defendant’s actions fall within state’s long-arm statutes

present

such that it doesn’t offend the traditional notions of fair play

substantial justice

consent to jurisdiction

relatedness of contacts and claims

service of process is done in the forum state

in rem

action

party’s property

domiciled in the forum state

state interest

quasi in rem

afford an opportunity to be heard

party

convenience

in persona

good faith allegation of the damages

share a common nucleus of operative fact with an existing claim

any partner

incorporation occurs

bankruptcy

Diversity Jurisdiction

Federal Question Jurisdiction

physical presence in the state

amount in controversy exceeds $75,000

statute of limitations

postal matters

intent to remain in that state

Supplemental Jurisdiction

controversies between citizens of different states

exceeds $75,000 excluding interest and costs

Removal Jurisdiction

federal question appears on the face of the complaint

domiciled

remove within 30 days of service of first removable opportunity

elements of a claim or defense

to meet the $75,000 requirement

federal court would have had subject matter jurisdiction

not based on allegations or potential defenses

case is already in federal court

intellectual property

if outcome determinative or law that has a stronger interest or prevent forum shopping

time of the lawsuit

single Defendant

member is a citizen

all Defendants agree

from every Defendant

rules for tolling statute of limitations

diverse citizenship

federal anti-trust claims

where the corporation maintains a principal place of business

conflict or choice of law rules

valid federal law that is on point and directly conflicts with state law

location of property

all parties consent to the transfer

any district where any Defendant resides

location of claim

the case could have been filed there

Defendant is subject to Personal Jurisdiction

formal request to waive service

any method permitted under state law

who are 18 or older

substituted service

complaint

mailing the Defendant the complaint

non-party

mail

personal service

Defendants authorized agent

summons

lasts up to 14 days from issuance

necessary to prevent

likely hood of success on the merits

irreparable injury to a party

before a hearing can be heard

moving the party will suffer irreparable harm that does not outweigh harm to the adverse party

filing is not for an improper purpose

improper venue

failure to join a necessary party

written consent from the adverse party was given

same transaction

redundant

statement of jurisdiction

vague

lack of personal jurisdiction

ambiguous

same transaction

conduct, transaction, or occurrence

leave of court

independent jurisdiction

occurrence

add a new claim

Defendant states defenses to each claim asserted

required hearing

occurrence as any of the Plaintiffs claims

demand for judgement

same transaction

non-frivolous legal contentions made are warranted by law

occurs within 90 days of filing of the original pleading

immaterial

one party is entitled to judgement as a matter of law

scandalous material in the complaint

safe harbor for 21 days

same transaction

after the statute of limitations has run

insufficiency of service of process

admit or deny each claim

requires a response within 21 days

occurrence as the original pleading

statement of the claim

failure to state a claim

within 21 days after service

judgement rendered by the court

same conduct

impertinent

prior to a verdict

insufficiency of process

no material issue of facts exists

occurrence

lack of subject matter jurisdiction

factual contentions and denials have or likely to have evidentiary support

add or substitute a new Defendant

Federal Question Jurisdiction or Complete Diversity Jurisdiction

within 14 days after serving their answer

likelihood of prejudice

common questions of fact or law arise

same transaction or occurrence

deposit property with the court

personal jurisdiction of the court

court must have personal jurisdiction over impleaded party

adequate remedies available for the Plaintiff if case is dismissed

absentee has an interest that creates a risk of multiple or inconsistent rulings

without absentee court cannot grant complete relief

no deposit with the court required

joining the parties will not destroy diversity jurisdiction

absent non-party has an unconditional statutory right

less than or equal to $500

no nationwide service required

Defendant cannot claim that third party Defendant is solely liable to Plaintiff

absentee has a claim or defense that shares a common question of law with the underlying action

nationwide service

absent non-party’s interest will be harmed if not joined

absentee is a governmental officer or agency

minimal diversity is present

absentee’s legal interest may be impaired

court has jurisdiction over parties and claims

alternative forum availability

absentee has a conditional statutory right

shape potential relief to avoid prejudice

binds all absent class members

adequate representation

class action is superior to other procedures to resolve the dispute

defined class

adequacy

fairly and adequately represent the interest of the whole class

predominated over individual questions

notice may be at the discretion of the court

damages cannot be sought

one class representative claim that exceeds $75,000

must receive reasonable notice

class members may opt out

commonality

approved by the court

diverse class representatives from all opposing parties

opt out is applicable

no right to opt out

due process satisfied by reasonably adequate notice to class members

typicality

adequate

opportunity to opt out if applicable

numerosity

reasonable

fair

people who have knowledge pertinent to claims and defenses

producing information from

undue hardship to obtain the materials by other means

between client and counsel

attorney-client

acquiring

parties and non-party witnesses

discuss claims, defenses, and settlement

certify they have

clergy

identity of documents

inspection within 30 days after service

not exceed 7 hours

limited to 25 questions

denial

90 days prior to trial

marital

admit

produce a report containing experts’ opinion

lacks sufficient knowledge within 30 days of service

Fifth Amendment right of self-incrimination

non-privileged

no more than 10 total depositions

physician patient

respond within 30 days of service

good cause is shown for the purpose of the examination

review

insurance

30 days prior to trial

data used

party’s health is at issue

proportional to the needs of the case

intended to be and kept confidential

copy

made for the purpose of obtaining or providing legal advice

21 days before scheduling conference

develop a plan for discovery

examines the party under oath

relevant to a claim or defense

sources of discoverable information

attempted to meet and confer to resolve the dispute

substantial need for the material

journalist source

qualifications

damages sought

detailed information about the evidence to be used at trial

work product

no genuine issue of material fact

insufficient evidence

28 days after entry of judgement

judgement has been satisfied or discharged

bankruptcy

de novo standard of review

collateral order

moving party is entitled to judgement as a matter of law

asserted against actual party in previous case

same claim

Defendant is not a minor or incompetent

same parties

entered based upon a serious error

issue was essential to judgement

admiralty

appealed within 30 days of entry of final judgement

fraud or misrepresentation

new undiscoverable evidence at time of trial

appointment of receivership

any other reason that justifies relief

final judgement on the merits

same issue

no less than 30 days after the close of discovery

Defendant has not responded at all

Claim is for money damages

property

injunction

after the court enters judgement based in the jury verdict

Plaintiff files for default judgement against Defendant

void judgement

mandamus

class action certification

sufficient evidentiary basis to disagree with the result

renewed by the losing party

final judgement on the merits

without cause

mistake was made

questions of facts

Plaintiff provides an affidavit of sum owed

prior to the case going to jury

within 28 days after entry of judgement

with cause

for the life of the interest holder

subject to a condition precedent

right of reentry

necessary for repairs

possibility of reverter

third party

no later than 21 years

within a life in being at the time of creation

not automatically forfeited

vested remainders subject to total divestment

unascertained person

interest on encumbrances

expressly gives right to exploit

economically benefits the land

not paying taxes

automatically

indefeasibly vested remainders

freely transferable

neglect

commits waste

vest or fail

freely transferable

interest in land

vested remainder subject to open

freely transferable

automatically transfers

exploited prior to grant

execution by a joint creditor

title

severed interest

Tenancy in Common

marriage concurrently exist

possession

time

interest

mutual agreement

interest

death of one co-tenant

each co-tenant

time

no survivorship rights

title

issuance of a divorce decree

freely transferable

right to possess the whole

possession concurrently exist

tenant wrongfully possesses the property

use

substantial interference

duty to deliver possession

use property in a legal manner

transfer of title by the landlord

enjoy the land

residential property

entire transfer of the leasehold estate

fit for human dwelling

latent defects

fixed to real property

tenancy at will

seasonal or short-term lease of a furnished dwelling

effective termination date is at the end of the periodic tenancy

waste by the tenant

assignment by the tenant

terminable by either party at any time

sufficiently timed

reduce or withhold rent

death by either party

implied warranty of habitability

once movable object

public use

express agreement

repair

free from interference

pay rent

will

remain and seek damages

tenancy for years

sublessor to sublessee

lease by the landlord to a third party

assumption of repairs

beyond the lease expiration

not commit waste

common areas

Implication

tenant must vacate within a reasonable period

wrongfully evicts

partial transfer of the leasehold estate

move-out

implied covenant of quiet enjoyment

tenancy at sufferance

assignee

tort liability

becomes part of the real property

operation of law

excludes the tenant from the property

operation of law that is continuous for successive intervals

notice was given to Landlord about interference

no fixed duration

ordinary repairs

periodic tenancy

intent

laches

hostile

another’s land

individual

touches and concerns the land

air

uncleans hands doctrine

intent

enter a servient estate

entitles a dominant estate owner

after the division of land

open and notorious

revocable right

common plan or scheme

reasonably necessary for enjoyment of the dominant tenant

change in neighborhood

vertical privity

destruction of servient tenement

touches and concerns the land

non-possessory interest

expires when the necessity ends

writing

prescription

support

release

expiration

merger of benefited and burden estates

estoppel

notice

estoppel

notice