UNSCRAMBLE

Consideration is a...

• bargained for exchange of
• between the parties
• legal value

Offer is a...

• objective manifestation
• present intent to contract
• clear

Contract is an...

• acceptance
• consideration
• offer
• no defenses

Incapacity applies to...

• infants
• mentally incompetent individuals

Statute of Frauds requires certain contracts to be in writing which include...

• performance longer than a year
• marriage
• land
• goods over $500
• suretyship
• executorship

Applicable law for all contracts is governed by either...

• Common Law
• UCC Article 2

Acceptance is a...

• clear expression of assent
• to the contract terms

Acceptance by Performance occurs when the...

• offeror has knowledge that offeree has begun performance
• offeree begins performance

Acceptance by Shipment occurs when the individual...

• promises to ship goods
• promptly ship goods

Offer Terminates upon...

• lapse of time
• revocation by offeror
• rejection by offeree

Irrevocable Offer is...

• UCC firm offer
• detrimental reliance
• an options contract

Revocation consists of...

• offeree becomes aware of the offeror’s unambiguous conduct
• an unambiguous statement by the offeror to the offeree

Rejection occurs when there is...

• an express rejection
• counteroffer
• conditional acceptance
• acceptance with additional terms

Mailbox Rule is...

• upon dispatch
• acceptance of the contract terms
• don’t apply to options contract

Duress is a...

• wrongful act
• which overcomes the party’s free will

Satisfying Statute of Frauds occurs when either...

• signed writing by the party to be charged
• part performance

Illusory Promise is a...

• no obligation to perform
• promise

Fraud is a...

• material fact
• false assertion of
• prior to contract formation or performance

Undue Influence is a...

• by an individual susceptible to pressure
• under excessive pressure
• contract entered

Promissory Estoppel occurs when...

• detrimental reliance occurs
• injustice will occur without the enforcement of the promise
• promisor expects reliance

A Mistake occurs when...

• both parties are
• mistaken to
• factual assumption of the contract
• at time of contract formation

Warranties consists of...

• implied warranty for a particular purpose
• express warranty
• implied warranty of merchantability

The Parole Evidence Rule is extrinsic evidence to a written contract is inadmissible to...

• contradict the written contract
• supplement

Risk of Loss occurs when...

• non-carrier non-merchant buyer need only tender delivery
• shipment by common carrier upon dispatch
• non-carrier merchant sells to buyer and takes physical possession

Installment Contract is...

• delivery
• in separate lots

Buyers Options regarding delivery consist of...

• accept in part
• reject in whole
• accept in whole
• reject in part

Right to Cure delivery occurs when...

• seller gives buyer notice of intent to cure
• buyer has notified seller of imperfect tender
• time for performance has not yet expired

Perfect Tender are...

• in perfect tender
• with respect to their manner of delivery
• goods must be delivered

Material Breach is a...

• where the other party is deprived of the benefit of the contract
• substantial benefit incurred to one party

Substantial Performance occurs when...

• where the other party is obligated to perform or complete their performance
• one party has substantially performed

Frustration of Purpose is an...

• event is not the fault of the parties
• destroys the purpose of the contract
• unexpected event

Conditions are either...

• subsequent to the required performance of the contract
• precedent

Impracticability is...

• only possible
• performance
• with extreme and unreasonable difficulty or expense

Impossibility is...

• performance is
• objectively impossible

Anticipatory Repudiation is a...

• the party will not perform the contract
• unambiguous act
• clear

At-will-employment is an...

• agreement
• that can be terminated by either party
• at any time

Novation is when...

• agree to substitute a new party
• existing parties to a contract
• to perform the contract

Modification occurs when...

• mutual assent
• existing parties
• alter the original contract terms where
• consideration is now required

Incidental Beneficiaries are...

• did not intend
• parties of the contract
• for the third party to benefit from the contract

Intended Beneficiaries are...

• intended the third party
• to benefit from the contract
• parties of the contract

Third Party Rights Vest when the third party...

• assents
• relies upon the contract
• files suit

Consequential Damages are...

• foreseeable losses
• indirectly resulting from the breach of contract

Liquidated Damages are an agreed upon amount of damages which...

• occur prior to contract formation
• reasonable

Incidental damages are...

• which flow from the breach of the contract
• commercially reasonable expenses
• unforeseeable

Specific Performance are...

• land
• unique goods
• damages that are not personal services

Expectation Damages are the standard measure of money damages that...

• put the non-breaching party
• economic position had the party completed the contract

Evidentiary Hearings are...

• court-ordered hearing on admissibility of evidence
• conducted outside the presence of the jury

Excluded evidence (402 ) is evidence that is excluded if it is barred by...

• United States Constitution
• any other rule established by the Supreme Court of the United States
• federal statute
• Federal Rules of Evidence

Liability Insurance is generally not admissible to...

• it is used to prove ownership
• prove fault
• party’s ability to pay damages

Unfair Prejudice consist of...

• misleading the jury
• presenting duplicative evidence
• undue delay or waste of time
• confusion of issues

Relevant evidence based on public policy grounds may be excluded if it involves...

• settlements
• payments or offers to pay medical expenses
• subsequent remedial measures
• liability insurance

Subsequent Remedial Measures taken after an injury or event are inadmissible to prove...

• an inadequate warning
• fault
• defect

Probative value (403) is the exclusion of relevant evidence if...

• probative value
• the danger of unfair prejudice
• substantially outweighed by

Relevant evidence (401 ) is evidence that...

• than it would be without the evidence
• makes a fact
• more or less probable

Use of Sexual Assault Evidence must...

• describe the evidence’s purpose
• notify the victim 14 days prior to trial
• be disclosed with their intent to offer the evidence

Prosecution may not initiate character evidence of the Defendant unless...

• if the Defendant first offers evidence of the victim’s character
• sexual assault

In Civil Sexual Assault Cases Victim’s character evidence is admissible by reputation, opinion, and specific instances of conduct if...

• victim puts their reputation at issue
• probative value is substantially outweighed by the danger of unfair prejudice

In Homicide Cases Defendant may raise self-defense and offer evidence showing...

• victim attacked first
• victim’s violent character reflects

In Criminal Sexual Assault cases reputation or opinion evidence is inadmissible unless...

• prior relationship between the victim and defendant
• third party is the source of the DNA or injury

Victim’s character evidence can only be introduced by...

• rebutted by the prosecution
• Defendant and once introduced

Character Evidence is generally inadmissible; however, is admissible to prove...

• mistake or lack of mistake
• intent
• motive
• common plan or scheme
• identity

Extrinsic Evidence is evidence that challenges the...

• credibility of the witness used to
• impeach the witness

Impeachment is an adverse reflection on the veracity of the witnesses testimony shown by...

• prior inconsistent statements
• prior acts of misconduct
• interest
• contradiction
• bias
• reputation

Collateral Issues are a...

• fact not relevant to
• the issues in the case

Lay Opinion testimony is admissible if it is based upon...

• not an expert
• helpful to understand or determining a fact
• rationally based
• perception

Present Recollection Refreshed involves using documents to refresh the witness’s memory which requires...

• the adverse party has the chance to enter it into evidence
• not read into evidence
• witness to not read aloud from the document
• inspection of the document by the opposing party

Competency of a witness requires the witness has...

• communication
• memory
• personal knowledge
• sincerity

Expert Opinion testimony may be given if...

• helpful
• proper factual basis formed
• reliable principles relied upon
• provided with reasonable certainty
• qualified

Past Recorded Recollection are contents of a record or document that was previously adopted or read into evidence in which...

• the record accurately reflects witness’s knowledge
• witness memory is insufficient to testify to the record’s content
• the record was made or adopted by the witness when it was fresh in their memory
• witness had knowledge of the subject matter at issue

Objection to questions occurs when the question...

• calls for narrative
• augmentative
• are or beyond the scope of direct
• leading

Daubert Test are scientific evidence based upon...

• published
• rate of error
• acceptance of others in the field
• testing

Testimonial Privilege is a privilege that is protected by the Federal Rules of Evidence which include...

• psychotherapist
• spousal privilege or marital communications
• attorney client
• doctor patient if recognized in the forum state

Attorney-Client Privilege protects communications between an attorney and a client if...

• they are intended to be confidential
• made to facilitate the provision of legal services

Marital Communication privilege pertains to communication between spouses...

• applies to both criminal and civil proceedings
• survives divorce
• can be invoked by either spouse
• made during the marriage

Spousal Communication privilege applies to communication between spouses who were...

• terminates upon divorce
• can only be invoked by the witness spouse
• married at the time of the trial
• limited to criminal cases

Best Evidence Rule is evidence that is offered when the original is unavailable to...

• an original document
• prove the contents of a writing

Authenticated Evidence ...

Judicial Notice is a court notice that can recognize...

• by formal request of a party
• any fact as true
• either on its own initiative
• without formal presentation

Declarant Unavailability is admissible if...

• former testimony under oath
• statements offered against the party procuring declarants unavailability
• statement against interest
• dying declaration

Statement Against Interest are admissible if...

• pecuniary gain
• contrary to declarant’s pecuniary gain
• declarant is unavailable
• reasonable person would not have made the statement unless believed to be true

Dying Declarations are admissible if...

• the statement was made in regard to the cause of circumstances surround the impending death
• only applies to homicide or all civil cases
• declarant is unavailable
• declarant was under the belief of impending death

Former Testimony Under Oath is testimony given by a person in an earlier proceeding or deposition is admissible if...

• opportunity to cross examine and a similar motive in doing so
• opportunity to cross examine the declarant
• declarant is currently unavailable
• prior testimony was given under oath

Admissible Hearsay is an out of court statement consisting of...

• words to proport the effect of the listener
• state of mind
• speaker’s knowledge
• legal operative fact

Excited Utterance are admissible if...

• excitement or stress
• relate to the startling event in question

Present State of Mind statements are admissible if...

• physical condition at the time the statement was made
• concern the declarant’s state of mind
• emotion
• sensation

Learned Treatises are accepted authority pertaining to a certain field by the expert and can be accepted by...

• admission
• testimony
• by judicial notice

Non-Hearsay Exemptions are hearsay statements made by a party opponent that is in the form of...

• adoptive statements
• vicarious statement
• judicial statements

Business Records are admissible if...

• by someone with knowledge at or near the time the matters described
• is made during the regular course of business
• record or transaction recorded by the business
• authenticated or certified in writing

Public Records are admissible if...

• by a public employee within their scope of duty
• describe the activities of a public office or agency
• occurred at or near the time of the event
• under a duty of law

Present Sense Impression are admissible if...

• is made during or immediately after
• describes or explains the event or condition

Physical Condition statements are admissible if...

• statement is made to physical personnel
• pertaining to the diagnosis of that treatment of condition

Unavailability means the declarant’s testimony is...

• lack of memory
• privileged
• refusal
• death

Hearsay is a...

• out of court statement
• offered to prove
• the truth of the matter asserted

The Confrontation Clause ensures that every defendant has the right to confront witnesses when...

• in a criminal case
• may be excluded if the declarant is unavailable
• an out-of-court statement
• offered against the defendant

Assault is an...

• intentional
• reasonable apprehension of harmful or immediate contact
• voluntary act by the defendant

Bystander Intentional Infliction of Emotional Distress is the bystander is closely related to the injured person where the...

• Plaintiff suffers emotional distress
• Plaintiff is closely related to the injured third person
• Plaintiff was present when the injury occurred
• Defendant knew of the relation
• Defendant’s conduct seriously injured a third person

Tort is an...

• intentional
• causing such harm
• voluntary act by the defendant

Intentional Infliction of Emotional Distress is...

• Plaintiff suffers severe emotional distress
• Defendant
• extreme or outrageous act

Trespass to Land is an...

• intentional
• physical invasion of one’s real property

Battery is an...

• intentional
• harmful or immediate contact
• voluntary act by the defendant

Trespass to chattel is an...

• intermeddling of another’s personal property
• intentional

False Imprisonment is an...

• intentional
• Plaintiff is confined to a bounded area
• voluntary act

Conversion is the...

• intermeddling of another’s personal property
• intentional
• fair market value at the time of conversion

Recapture of chattels is a defense to trespass claims when...

• to recover unlawfully taken property
• Defendant may use peaceful means

Defense of Property is the...

• application of reasonable
• non-deadly force

Defense of Others is the Defendant’s...

• right to self-defense
• reasonable belief

Consent is a defense to all intentional torts where the Plaintiff has given...

• scope of consent was not exceeded
• express consent

Necessity is a defense to all property damage claims of the Plaintiff’s property which are outweighed in an effort to avoid greater danger when...

• threatened injury was more serious than the property interference
• reasonably necessary

Self Defense is the...

• properly timed
• reasonable belief
• applied reasonable force

Slander Per Se is spoken conduct of...

• crimes of moral turpitude
• impute women’s chastity
• effects business or reputation
• loathsome disease

Slander is...

• spoken conduct where
• pecuniary damages

Defamation of a public citizen is a...

• harmful to the Plaintiff’s reputation
• that was published
• regarding the Plaintiff
• falsity and fault
• defamatory statement

Defamation of a Private Citizen is...

• regarding the Plaintiff
• that was published
• harmful to Plaintiff’s reputation
• defamatory statement

Negligent Misrepresentation is the Defendant...

• resulted in monetary loss
• justifiable reliance by the Plaintiff
• breach of duty was owed
• misrepresents a material fact in a professional setting

Intrusion Upon Seclusion is a...

• Plaintiffs’ reasonable expectation of privacy
• highly offensive to a reasonable prudent person

Intentional Misrepresentation is the...

• intended to induce reliance
• knows the misrepresentation to be false
• actual reliance by the Plaintiff
• Defendant’s misrepresentation of a material fact
• damages in the form of pecuniary loss

Appropriation is the...

• of Plaintiff’s
• unauthorized use
• for commercial purposes
• name, image or likeness

Intentional Interference with Business Relations...

False Light is the...

• falsehood or material misrepresentation
• widespread publication
• offensive to a reasonable person

Contributory Negligence is the Plaintiff is barred from recovery of the Plaintiff’s injuries if...

• contributed to Plaintiff’s injuries
• Defendant establishes that Plaintiff’s conduct

Res Ipsa Loquitur is an...

• attributable to the defendant
• inference of negligence
• not attributable to the plaintiff

Duty of Care to behave like a reasonable prudent person is owed to...

• zone of danger
• foreseeable Plaintiffs

Damages consist of...

• personal injury
• punitive damages
• property damage

Negligent Infliction of Emotional Distress is...

• suffers severe emotional distress from the incident
• close proximity to the Plaintiff
• Plaintiff suffers from some physical manifestation

Actual Cause is a causal connection between the...

• alleged breach
• duty owed

Specialized Duty of Care is owed to...

• children
• by custom or trade usage
• common carrier or innkeepers
• professionals

Negligence Per Se is established when a...

• valid ordinance is in place
• the Plaintiff is in the class the ordinance was designed to protect
• the ordinance is designed to protect against that type of harm that occurred

Licensee is an individual who enters the land with...

• business purpose
• Owner’s permission for
• Licensee’s own personal

Invitee is an individual who enters the land...

• open to the public
• to confer a commercial benefit

Comparative Negligence is a defense to negligence where the Defendant can prove...

• injuries incurred
• attributable to the Plaintiff

Breach of Duty is a duty that...

• falls below the standard of care
• owed to the individual

Negligence consists of...

• breach
• causation
• damages
• duty

Attractive Nuisance Doctrine holds the property owners liable for damages if...

• the potential lost outweighs the risk of remedying the defect
• dangerous condition
• children are in the area
• condition is likely to cause injury

Proximate Cause is a foreseeable connection to the alleged breach which doesn’t include...

• intentional tort
• an act of God
• criminal act

Strict Liability is an...

• damages to person or property
• causation
• absolute duty to make safe

Strict Liability of animal conduct are animal owners are strictly liable for...

• on another’s property
• resulting from their animal’s conduct
• reasonably foreseeable damages

Strict Liability abnormally dangers activity is a...

• uncommon activity
• poses a severe risk
• cannot be made safe

Types of Warranties include...

• warranty of merchantability
• express warranty
• fit for particular purpose

Products Strict Liability is a...

• commercial supplier
• used in a foreseeable manner
• that was the actual or proximate cause
• defective product

Types of Defects consist of a...

• manufacturing defect
• design defect
• inadequate warning

Private Nuisance is a...

• average community member would be offended
• with ones right to enjoy one’s property
• substantial interference

Nuisance is a...

• of the right to enjoy one’s property
• tortious invasion

Public Nuisance is an...

• health, safety, or property rights of the public
• unreasonable interference

Joint and Several Liability applies when the...

• combine
• single indivisible injury
• acts of two or more Defendants

Vicarious Liability is when the...

• Defendant commits a tort
• to the relationship with the Defendant
• against the Plaintiff

Contribution allows a...

• more than their fair share of damages
• recover against the other party for the excess damages paid

Actus Reus is a...

• physical act
• voluntary

Criminal Act requires...

• causation
• mens reus
• actus reus
• concurrence

Accomplice Liability arises when an individual...

• principal before, during or after
• aids, abets or encourages
• intent that the principal commits the crime

Model Penal Code mental states are either...

• recklessly
• negligently
• purposefully
• knowingly

Mens Rea refers to the required mental state at the time the crime was committed which can be either...

• specific intent
• general intent
• malice

Transferred Intent occurs when the Defendant is held liable if the intended harm caused affects either a...

• different object
• different victim

Conspiracy is an...

• to commit a crime or unlawful activity
• between two or more people
• agreement

Merger occurs when...

• prohibiting the Defendant from being prosecuted separately for each crime
• two or more offenses

Concurrence is the...

• occur simultaneously
• physical act
• mental state

Causation is either the...

• proximate cause
• cause-in-fact of the criminal act

Attempt is an overt act...

• falls short of completing the crime
• done with the specific intent to complete the crime

Co-Conspirator Liability holds each co-conspirator liable for the acts that are...

• foreseeable
• committed in furtherance of the conspiracy

Solicitation involves...

• another individual to commit a crime with the intent they commit the crime
• inciting, urging, or asking

Conspiracy is an...

• an overt act in furtherance of
• intent to commit the targeted crime
• intentional agreement between two or more people

Duress is a defense when the...

• Defendant committed a crime under the reasonable belief
• necessary to prevent death or serious bodily injury

Necessity applies when the...

• Defendant believed their conduct was reasonably necessary

Entrapment occurs when the...

• criminal plan originated with law enforcement
• Defendant had no prior pre-disposition to commit the crime

Insanity is a defense to all crimes regardless of the intent requirement which may be established under...

• Durham Rule
• M’Naghten Rule
• Irresistible Impulse Test
• Model Penal Code

Murder is the...

• with malice aforethought
• of another human
• unlawful killing

Kidnapping is the...

• unlawful confinement of a person
• without their consent
• with either movement or concealment of the victim

The Types of Murder include...

• intent to kill
• Depraved Heart
• Felony Murder
• intent to inflict serious bodily harm

Voluntary Manslaughter is a...

• resulting from adequate provocation
• killing

Adequate Provocation occurs when the...

• ordinary person to experience sudden and intense passion
• provocation
• no time to cool off

Felony Murder occurs when a killing takes pace during the commission of an inherently dangerous felony such as...

• kidnapping
• burglary
• robbery
• rape
• arson

False Imprisonment is the...

• unlawful confinement of a person
• without their consent

Assault is...

• intentional
• reasonable apprehension of imminent bodily harm

Rape is the...

• of a woman
• by a man other than her husband
• carnal knowledge
• without her consent

Involuntary Manslaughter is a...

• not resulting in Felony Murder
• killing
• committed with criminal negligence

Battery is the...

• resulting in bodily injury or offensive touching
• unlawful application of force
• to a person or another

Burglary is the...

• nighttime
• breaking
• intent to commit a felony therein
• another’s dwelling
• entering

Larceny by Trick occurs when...

• obtaining title to another’s property
• by false statements
• of past or existing facts

Arson is the...

• burning
• malicious
• another’s dwelling

False Pretenses involve...

• by false statements
• obtaining title to another’s property
• of past or existing facts
• with the intent to defraud

Larceny is the...

• with the intent to permanently deprive them of that property
• of another’s personal property
• taking and carrying away

Forgery is the...

• creation or alteration
• written document
• intent to defraud
• purported legal significance

Receipt of Stolen Property involves...

• stolen property
• with the intent to permanently deprive
• known or should have known
• receiving possession and control

Embezzlement is the...

• by one in lawful possession
• fraudulent conversion
• of another’s personal property

Robbery is the...

• intent to permanently deprive them of that property
• force or threat
• another’s personal property
• taking and carrying away

Political Question Doctrine means federal courts cannot adjudicate constitutional issues such as...

• inherently incapable of judicial resolution
• another branch of government

Third Party Standing is a Plaintiff asserts the rights of a third party where the Plaintiff was injured when either...

• Plaintiff’s injury adversely affects their relationship with third parties
• injured party is unlikely or unable to assert their own rights

Justiciability is an ongoing controversy that includes...

• mootness
• ripeness
• standing

Final Judgement occurs when the Supreme Court can only hear cases if there has been...

• judgement by the state’s highest court
• final judgement of a lower court

Mootness is a courts ability to hear only live controversies unless...

• class action lawsuits
• voluntary cessation
• wrongs capable of repetition

Suits against state officers means a state officer can be sued in federal court when...

• claim for injunctive relief for violation of the Constitution or federal law
• claim for money damages paid by the state officer personally

Injury to all is an...

• injury
• none

Original Jurisdiction occurs when the Supreme Court has original jurisdiction over...

• cases involving foreign ambassadors
• other foreign ministers
• suits between states

Eleventh Amendment bars suits against state governments in federal court unless...

• bankruptcy proceedings
• federal government brings the suit
• states waive sovereign immunity
• suit involves fourteenth amendment

Standing is a party must have a concrete interest in the outcome of the claim including...

• injury
• causation
• redressability

Adequate and Independent Grounds Doctrine means the Supreme Court cannot review a state court decision that rested on...

• independent
• adequate state law ground

Ripeness is a Plaintiff has been...

• suffers immediate threat of harm
• harmed

Tenth Amendment grants all powers...

• not prohibited by the States are reserved to the States
• not granted to the federal government

Delegation of Powers is the broad authority to delegate legislative powers but can only do so when...

• not a delegation of a core power
• the scope is clearly defined

Police Power occurs when Congress has no general police power except...

• District of Columbia
• Indian reservation
• land
• military

Commerce Clause grants Congress the...

• exclusive authority
• regulate interstate commerce

Conditional Grants refer to Congress’s ability to induce state regulatory or legislative action through conditional grants provided that...

• condition must be clearly stated
• condition cannot be unduly coercive
• condition must relate to the purpose of the law at issue

Intrastate Commerce grants Congress the authority to regulate...

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

Taxing and Spending Clause grants Congress the authority to tax and spend in...

• general welfare
• anyway deemed necessary

Executing a law requires 1) {bicameralism} (2) {approval by the President} and (3) {signed within 10 days excluding Sunday}. ...

Interstate Commerce grants Congress the authority to regulate...

• channels
• instrumentalities
• economic activities that have a substantial effect on interstate commerce

Immunity occurs when the President has absolute immunity from...

• civil suits arising from official actions
• taken while in office

Executive Privilege protects against...

• conversations
• disclosure of presidential papers

Congressional Appointment Powers vest in...

• inferior officers in the presidency
• courts
• department or agency leadership

Pardon Power is the power retained by the President to pardon those...

• accused
• convicted of federal crimes

Removal Powers are the power of the Executive Branch to remove a high-level executive officer in which...

• Congress can remove high-level executive officers through its impeachment power
• President can remove them freely unless limited by Congress

Impeachment is the House of Representatives can impeach the...

• Federal Judges
• 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
• Vice President
• President

Presidential Appointment Powers consist of...

• ambassadors
• federal judges
• other high-level officers without the consent of the Senate

Presidential Authority granted by Article II of the United States Constitution allows the President to enter...

• appoint ambassadors
• power to represent the United States in foreign affairs
• treaties
• act as Commander in Chief of the military

Dormant Commerce Clause Exceptions include...

• state market participant
• traditional government function
• necessary to an important state interest
• Congressional approval

State Taxation means a state tax must have a substantial connection to the state in such a way that it does not interfere with interstate commerce unless...

• substantial nexus within the state
• tax must be fairly related to some governmental service or benefit
• tax is fairly apportioned to the activity connected to the state

Supremacy Clause means a...

• federal law
• supreme law of the land

Express Preemption means a federal law trumps conflicting...

• state
• local laws if expressly stated

Dormant Commerce Clause occurs when state and local law regulate local aspects of interstate commerce when not under the commerce power if it does not...

• regulate wholly out-of-state activity
• unduly burden interstate commerce
• discriminate against out-of-state competition

Implied Preemption occurs when a federal law is silent on confliction and will control when...

• Congress has a clear intent to legislate exclusivity
• state law impedes a federal objective
• mutual exclusivity

Privileges and Immunities Clause is a state may not discriminate against non-state residents when it...

• relates to civil liberties
• commercial activities
• not necessary to achieve an important governmental interest

Government Action only applies to...

• local governments
• federal
• state

Thirteenth Amendment expressly prohibits...

• indentured servitude
• slavery

Rational Basis means a law is upheld if it is...

• rationally related
• legitimate government interest

Strict Scrutiny means a law will be upheld if it is...

• necessary to achieve
• compelling governmental interest

Intermediate Scrutiny means a law will be upheld if it is (2) {substantially related} to an (2) {important governmental interest}. ...

Fourteenth Amendment are States cannot deprive any person of...

• property without due process of law
• life
• liberty

Government Action Exceptions include a...

• private entity performs an exclusive public function
• significant state entanglement between the government and private conduct

Fifteenth Amendment are States or Federal government cannot deny any citizen the right to vote on the basis of...

• color
• race

Bill of Attainder prohibit State and Federal governments from passing legislation that punish...

• group members without a judicial trial
• specific individuals

Takings Clause is the government shall not take...

• without just compensation
• private property
• public use

Contract Clause is a...

• state cannot interfere
• existing contractual duties including governmental obligations

Ex Post Fact Clause prohibit states and federal governments from passing retroactive laws if either...

• reduces the burden required to convict a person for a crime after it was committed
• criminally punishes conduct that was lawful when done
• increases punishment for a crime that has been committed

Fundamental Rights under the Right of Privacy include...

• procreation
• education
• contraception
• right to vote
• abortion
• travel
• marriage
• raise your family

Alienage means a non-United States citizen will be subject to scrutiny unless...

• related to self-government and the democratic process
• congressional law regulating immigration

Equal Protection Clause means the government cannot treat similarly situated people or groups of people differently when a...

• discriminatory motive is present
• facially neutral law applied in a discriminatory manner
• law is discriminatory on its face

Private Forums are private properties can restrict speech in...

• non-public forum in which speech is reasonably related to some legitimate interest and viewpoint neutral
• limited or designated public forum via a time, place, and manner restriction

Freedom of Association is the right to participate with others who have similar...

• religious
• cultural beliefs
• political

Incitement of Unlawful Activity occurs when fighting words or true threats are restricted if...

• substantial likelihood that the speech will bring imminent illegal activity
• speech is aimed at causing imminent illegal activity

First Amendment expressly protects the freedom of expression including...

• speech
• press
• association
• assembly

Obscenity is the Governmental regulation of lesser protected speech if...

• appeals to the prurient interest
• patently offensive in its sexual portrayal
• taken as a whole lacks literary, artistic, or scientific merit

Overbreadth Law is unconstitutional if it regulates...

• Constitution allows to be regulated
• substantially more speech

Free Exercise Clause means the government is prohibited from punishing someone solely on the basis of that person’s...

• religious beliefs
• conduct

Symbolic Speech is speech that refers to expressive or communicative conduct will be restricted if...

• government interest is unrelated to suppression of the message
• regulation furthers an important government interest
• impact on speech is no greater than necessary to further the important governmental interest

Vague Law is unconstitutional if a reasonable person cannot tell whether speech is...

• prohibited

Commercial Speech is the Governmental regulation of unprotected commercial speech if...

• illegal
• misleading
• false
• deceptive
• concerns illegal activity

Public Forums means government property is constitutionally required to make speech available if it is...

• content neutral
• narrowly tailored to serve an important governmental purpose
• leave open adequate, alternative channels of communication

Establishment Clause is the governmental prohibition to...

• give preference to one religion over another
• establish
• sponsor a religion

Validity of Search & Seizure must be viewed under reasonableness under the Fourth Amendment unless...

• Defendant has standing
• governmental conduct
• presence of exigent circumstances
• valid search warrant

Reasonable Expectation of Privacy occurs when the individual has exhibited a...

• subjective expectation of privacy
• whether society is prepared to accept that activity as reasonable

Automobile Stop occurs when the police have...

• law was violated
• reasonable suspicion

Detention is a governmental seizure of the person which could be in the form of...

• stationhouse detainment
• detainment to obtain a search warrant
• automobile stop
• detainment of occupants of a premise
• stop & frisk

Probable Cause requires trustworthy facts or knowledge sufficient to a reasonable person to believe that the individual has...

• planning to commit the crime
• committed the crime

Arrest occurs when an individual is taken into custody for a...

• criminal investigation purpose
• interrogation

Police Checkpoints to search vehicles must be...

• neutral or an articulable standard
• serve a purpose related to automobiles

Search Warrant requires...

• signed by a neutral detached magistrate
• precise on its face
• probable cause

Consent to Search occurs when the police search anything if...

• consenting person has authority to do so
• intelligibly made
• consent was voluntary

Stop & Frisk occurs when the police detain a person for investigative purposes if...

• reasonable suspicion of criminally activity is a foot
• frisk is limited to plain feel of weapons or contraband
• length of detainment is no longer than necessary

Administrative Searches are conducted by Government agencies for...

• routine searches
• inspections of highly regulated business or industries

Plain View Searches occurs when the police search any place where criminal activity is present when viewing if...

• criminal activity is immediately apparent
• legitimately on premise
• access to the items were lawful

Exigent Circumstances occurs when the police search and seize evidence without a warrant if...

• emergency aid
• evanescent evidence
• hot pursuit

Automobile Search occurs when the police search a vehicle if...

• probable cause arises prior to the search beginning
• probable cause exists

Electronic Surveillance requires a warrant when...

• describe with particularity the subject of conversations that are surveilled
• terminate when the information acquired is the information sought
• limited to short time periods
• names of suspects subject to surveillance
• probable cause that a specific crime has occurred or likely to occur

Search Incident to Lawful Arrest occurs when the police may search a lawfully arrested person in their immediate surrounding without a warrant if...

• arrest was lawful
• search was limited to area within suspects reach or movement
• search was contemporaneous with the arrest

Public School Searches occur when school officials have...

• search is not overly intrusive
• reasonable suspicion
• moderate chance at finding evidence
• procedure for searching is reasonably related to the objective

Exclusionary Rule doesn’t apply...

Exclusionary Rule is illegally obtained evidence is excluded against the defendant unless...

• government had an independent source to obtain the evidence
• attenuation
• inevitable discovery

Double Jeopardy occurs when the defendant cannot be retried for the same offense if...

• jury is sworn in
• court accepts a plea agreement
• first witness is sworn in

Retria l occurs when...

• separate sovereigns
• successful appeal
• breach of a plea agreement
• manifest necessity
• hung jury

Miranda Warnings is the...

• if they cannot afford an attorney, one will be appointed to them
• right to an attorney
• right to remain silent as anything said can be used against them

Waving Miranda occurs when...

• intelligently made
• voluntary
• knowing

Miranda Warnings apply to individuals when...

• interrogated
• in custody

Invoking Miranda occurs when an individual...

• right to their fifth amendment right to counsel
• invokes the right to remain silent

Fifth Amendment of the United States Constitution protects...

• whom have the right to not respond to questions that might incriminate themselves
• any person
• any proceeding

Sixth Amendment Right to Counsel attaches automatically when...

• offense specific
• charges have been filed

Confrontation Clause grants every Defendant the right to confront the witnesses when...

• may be excluded if the declarant is unavailable
• in a criminal case
• offered against the Defendant
• an out of court statement is

Admissions must be made...

• based on the totality of the circumstances
• voluntarily

Jury Requirements consist of...

• jury pool must be a representative cross-section of the community
• at least 6 jurors
• unanimous decision
• afforded peremptory challenges
• right to an impartial jury

Plea Bargain occurs when the Defendant’s plea is...

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

Grand Jury Proceedings are...

• suspect has no right to confront witnesses
• no right to counsel
• required in federal court
• held in secret where
• no right to Miranda warning

Cruel and Unusual Punishment consists of...

• unusual punishment
• any cruel
• grossly disproportionate to the charged offense

Death Penalty is only imposed if the victim dies as a result of the Defendant’s crime unless...

• minor when the crime was committed
• insane at the time of the criminal execution
• conviction was for felony murder when Defendant was not a participant or didn’t act with depraved heart
• mentally disabled

Personal Jurisdiction is lawful if...

• service of process is done in the forum state
• consent to jurisdiction
• domiciled in the forum state
• Defendant’s actions fall within state’s long-arm statutes

Personal Jurisdiction consists of...

• in rem
• in persona
• quasi in rem

Fairness Factors requires Due Process to be fair when...

• convenience
• relatedness of contacts and claims
• state interest

Minimum Contacts with the forum state must be...

• present
• such that it doesn’t offend the traditional notions of fair play
• substantial justice

Personal Jurisdiction is the court’s ability to exercise authority over a...

• party’s property
• party

Notice requires that Defendant must be sufficiently notified of a pending lawsuit in which notice must be reasonably calculated under the circumstances to apprise interested parties of the...

• action
• afford an opportunity to be heard

Domicile factors include...

• physical presence in the state
• intent to remain in that state

Federal Question is when Federal courts have jurisdiction over proper pleaded claims arising under federal law if the...

• not based on allegations or potential defenses
• federal question appears on the face of the complaint

Natural Citizens are citizens of the state where...

• time of the lawsuit
• domiciled

Citizenship for Complete Diversity is every Plaintiff must...

• from every Defendant
• diverse citizenship

Removal Jurisdiction is the Defendant can remove a case, other than diversity jurisdiction filed in Defendants home state, if...

• remove within 30 days of service of first removable opportunity
• all Defendants agree
• federal court would have had subject matter jurisdiction

Amount in Controversy is the Plaintiff’s complaint must make a...

• exceeds $75,000 excluding interest and costs
• good faith allegation of the damages

Business Corporations are citizens of every state where...

• incorporation occurs
• where the corporation maintains a principal place of business

Aggregation is the Plaintiff’s compiling of multiple claims against a...

• to meet the $75,000 requirement
• single Defendant

State Substantive Law will always govern...

• rules for tolling statute of limitations
• conflict or choice of law rules
• statute of limitations
• elements of a claim or defense

Diversity Jurisdiction is Federal courts have subject matter jurisdiction over...

• amount in controversy exceeds $75,000
• controversies between citizens of different states

Subject Matter Jurisdiction is Federal courts must have authority over the claim in question with either...

• Removal Jurisdiction
• Supplemental Jurisdiction
• Federal Question Jurisdiction
• Diversity Jurisdiction

Supplemental Jurisdiction allows federal courts to hear additional claims that on their own would not meet Diversity or Federal Question Jurisdiction if...

• share a common nucleus of operative fact with an existing claim
• case is already in federal court

Erie Doctrine is the federal courts application of state substantive law and federal procedural law when...

• valid federal law that is on point and directly conflicts with state law
• if outcome determinative or law that has a stronger interest or prevent forum shopping

Exclusive Jurisdiction is when Federal courts have exclusive jurisdiction over certain types of claims including...

• bankruptcy
• postal matters
• intellectual property
• federal anti-trust claims

Unincorporated Businesses are Citizens of all states in which...

• any partner
• member is a citizen

Venue Transfer is a case may be transferred from one federal court to another federal court, unless venue is proper, if...

• the case could have been filed there
• all parties consent to the transfer

Venue is proper in the judicial district where the Plaintiff brings the suit when...

• location of property
• location of claim
• any district where any Defendant resides
• Defendant is subject to Personal Jurisdiction

Waiver is when the Plaintiff requests that Defendant waive service of process by...

• formal request to waive service
• mailing the Defendant the complaint

Acceptable Methods of Service of Process...

Any individual may serve...

• who are 18 or older
• non-party

Service of Process is the delivery to the Defendant of the...

• complaint
• summons

Preliminary Injunctions are a court order requiring a person to do or to cease doing something may be granted if...

• moving the party will suffer irreparable harm that does not outweigh harm to the adverse party
• likely hood of success on the merits

Temporary Restraining Order are issued by a court when...

• irreparable injury to a party
• lasts up to 14 days from issuance
• necessary to prevent
• before a hearing can be heard

Rules 11 sanctions require...

• safe harbor for 21 days
• required hearing

Relation Back Doctrine applies when a party amends a pleading to...

• after the statute of limitations has run
• add or substitute a new Defendant
• add a new claim

Answer is a response to the complaint in which...

• admit or deny each claim
• Defendant states defenses to each claim asserted

Rule 11 certifications require the attorney or pro se party, to the best of their ability, certify that the...

• filing is not for an improper purpose
• non-frivolous legal contentions made are warranted by law
• factual contentions and denials have or likely to have evidentiary support

Compulsory Counterclaim is a clam by the Defendant against the Plaintiff that arises from...

• occurrence as any of the Plaintiffs claims
• same transaction

An amendment will relate back to a new claim if...

• occurrence as the original pleading
• same conduct
• same transaction

Motion for a more definitive statement is the Defendant requires more information to answer the complaint if the complaint is...

• vague
• ambiguous

Rule 12 Motions are a Defendant’s response to the validity of Plaintiff’s complaint consisting of...

• lack of personal jurisdiction
• insufficiency of process
• lack of subject matter jurisdiction
• insufficiency of service of process
• failure to state a claim
• improper venue
• failure to join a necessary party

Parties may amend their pleadings once as a matter of course if...

• within 21 days after service
• requires a response within 21 days

An amendment will relate back to a new or substituted Defendant if...

• conduct, transaction, or occurrence
• occurs within 90 days of filing of the original pleading

Parties may only amend without a right...

Motion for judgement of the pleadings is a...

• prior to a verdict
• one party is entitled to judgement as a matter of law
• judgement rendered by the court
• no material issue of facts exists

Cross Claims are a claim asserted by a co-party that have...

• same transaction
• occurrence
• independent jurisdiction

Permissive Counterclaim is a claim by the Defendant against the Plaintiff that does not arise from...

• occurrence
• same transaction

Complaint is the initial pleading filed by the Plaintiff to begin the lawsuit which requires...

• statement of the claim
• statement of jurisdiction
• demand for judgement

Motion to strike is the Defendant request to strike any...

• redundant
• immaterial
• impertinent
• scandalous material in the complaint

Indispensable Party is a necessary party who cannot join in which the court could dismiss the claim after evaluating...

• adequate remedies available for the Plaintiff if case is dismissed
• alternative forum availability
• shape potential relief to avoid prejudice
• likelihood of prejudice

Permissive Intervention is allowed at the court’s discretion if either...

• absentee is a governmental officer or agency
• absentee has a conditional statutory right
• absentee has a claim or defense that shares a common question of law with the underlying action

Necessary Parties are absent parties may be forced to join the suit when either...

• absentee has an interest that creates a risk of multiple or inconsistent rulings
• without absentee court cannot grant complete relief
• absentee’s legal interest may be impaired

Necessary Parties must be under...

• personal jurisdiction of the court
• joining the parties will not destroy diversity jurisdiction

Statutory Interpleader allows a property holder to initiate a suit to compel claimants to the property to litigate a dispute if...

• deposit property with the court
• minimal diversity is present
• less than or equal to $500
• nationwide service

Intervention as a right is when a non-party must join an already pending suit if either...

• absent non-party has an unconditional statutory right
• absent non-party’s interest will be harmed if not joined

Permissive Joinder is when the Plaintiff seeks to join non-parties as co-plaintiffs or co-defendants if...

• same transaction or occurrence
• common questions of fact or law arise
• court has jurisdiction over parties and claims

Impleader allows Defendant to join a non-party who may be liable to Defendant for all, or part of the claim brought by Plaintiff against the original Defendant if...

• court must have personal jurisdiction over impleaded party
• Defendant cannot claim that third party Defendant is solely liable to Plaintiff
• within 14 days after serving their answer

Rule 22 Interpleader allows a property holder to initiate a suit to compel claimants to the property to litigate a dispute if...

• no nationwide service required
• no deposit with the court required
• Federal Question Jurisdiction or Complete Diversity Jurisdiction

Rule 23(b)(3) of Class Actions for Monetary Damages means a large class action can be sought if...

• predominated over individual questions
• class members may opt out
• class action is superior to other procedures to resolve the dispute
• must receive reasonable notice

Class Action Certification is a court’s determination whether to allow the case to proceed as a class action if...

• defined class
• fairly and adequately represent the interest of the whole class

Diversity Jurisdiction for class actions require...

• one class representative claim that exceeds $75,000
• diverse class representatives from all opposing parties

Personal Jurisdiction for class actions apply to named class members and require...

• due process satisfied by reasonably adequate notice to class members
• adequate representation
• opportunity to opt out if applicable

Settlement for class action...

Rule 23 of Class Actions means an individual or small group can represent a larger class sharing a common question in a lawsuit if...

• numerosity
• commonality
• adequacy
• typicality

Rule 23(b)(2) of Class Actions for Injunctive Relief means an injunctive judgement can be obtained if...

• notice may be at the discretion of the court
• no right to opt out
• damages cannot be sought

Judgement for class action lawsuits...

• binds all absent class members
• opt out is applicable

Undiscoverable privileged material includes...

• clergy
• marital
• journalist source
• Fifth Amendment right of self-incrimination
• physician patient
• work product
• attorney-client

Meet and Confer must...

• 21 days before scheduling conference
• develop a plan for discovery
• discuss claims, defenses, and settlement

Request for Admission are written requests to parties to answer the truth of discoverable information with an...

• admit
• denial
• lacks sufficient knowledge within 30 days of service

Discovery is a court mandated process of...

• producing information from
• acquiring
• parties and non-party witnesses

Discovery is material if...

• proportional to the needs of the case
• non-privileged
• relevant to a claim or defense

Expert disclosures require the identity of experts who may be used at trial and must occur...

• produce a report containing experts’ opinion
• data used
• 90 days prior to trial
• qualifications

Depositions are oral proceedings in which an attorney...

• no more than 10 total depositions
• examines the party under oath
• not exceed 7 hours

Protective Order is a court order limiting discovery of material sought by a party to prevent disclosure of privileged material where the moving party must...

• certify they have
• attempted to meet and confer to resolve the dispute

Physical or Mental Examination of another party is available through the court when...

• good cause is shown for the purpose of the examination
• party’s health is at issue

Attorney Client Privilege protects information exchanged confidentially between an attorney and client when...

• between client and counsel
• made for the purpose of obtaining or providing legal advice
• intended to be and kept confidential

Interrogatories are written questions proposed by one party to an opposing party...

• identity of documents
• respond within 30 days of service
• people who have knowledge pertinent to claims and defenses
• limited to 25 questions

Requests for Production are written requests to one party to make documents or other items within the parties control available for...

• review
• copy
• inspection within 30 days after service

Mandatory Disclosures are required to the opposing party regardless of request including...

• sources of discoverable information
• damages sought
• insurance

Pretrial disclosures require the parties of the suit to...

• 30 days prior to trial
• detailed information about the evidence to be used at trial

Work Product Privilege protects material prepared in anticipation of litigation or trial are not discoverable unless the opposing party shows...

• undue hardship to obtain the materials by other means
• substantial need for the material

Renewed Judgement as a Matter of Law is a motion brought by either party...

• after the court enters judgement based in the jury verdict
• within 28 days after entry of judgement
• insufficient evidence
• renewed by the losing party

Interlocutory Appeals can be filed prior to judgement when the appeal pertains to...

• appointment of receivership
• mandamus
• property
• admiralty
• class action certification
• collateral order
• injunction
• bankruptcy

Issue Preclusion prevents re-litigation of a particular issue of fact or law that have been previously litigated when...

• final judgement on the merits
• asserted against actual party in previous case
• issue was essential to judgement
• same issue

Default Judgement entered by Clerk may occur if...

• Defendant has not responded at all
• Plaintiff files for default judgement against Defendant
• Plaintiff provides an affidavit of sum owed
• Claim is for money damages
• Defendant is not a minor or incompetent

Appellate Courts review protentional errors by lower courts when...

• appealed within 30 days of entry of final judgement
• questions of facts
• de novo standard of review

Summary Judgement...

Motion to Set Aside Judgement or Order may be granted by a court to relieve a party from judgement or order when any of the following are present...

• fraud or misrepresentation
• judgement has been satisfied or discharged
• new undiscoverable evidence at time of trial
• any other reason that justifies relief
• mistake was made
• void judgement

Motion for New Trial may be filed by either party...

• 28 days after entry of judgement
• entered based upon a serious error

Voluntarily Dismissal occurs when the Plaintiff dismisses their case...

• without cause
• with cause

Judgement as a Matter of Law is a motion brought by either party...

• prior to the case going to jury
• sufficient evidentiary basis to disagree with the result

Claim Preclusion occurs when one party had an opportunity to litigate the claim and cannot refile once final judgement has been ordered if...

• final judgement on the merits
• same claim
• same parties

Rule Against Perpetuities is an interest in land must...

• no later than 21 years
• within a life in being at the time of creation
• vest or fail

Affirmative Waste is a type of waste that the Life Tenant cannot consume or exploit the natural resources of the land except...

• necessary for repairs
• exploited prior to grant
• expressly gives right to exploit

Fee Simple Determinable is a fee simple estate which is potentially infinite that occurs...

• freely transferable
• automatically
• possibility of reverter

Vested Remainder is a remainder that automatically becomes possessory upon the natural expiration of the preceding events if...

• indefeasibly vested remainders
• vested remainder subject to open
• vested remainders subject to total divestment

Fee Simple Subject to an Executory Interest is a potentially infinite fee simple estate that...

• third party
• freely transferable
• automatically transfers

Permissive Waste is a type of waste where the Life Tenant cannot harm the property including...

• neglect
• interest on encumbrances
• not paying taxes

Ameliorative Waste is a type of waste where the Life Tenant...

• economically benefits the land
• commits waste

Life Estate is an...

• interest in land
• for the life of the interest holder

Fee Simple Subject to Condition Subsequent is a potentially infinite fee simple estate that...

• not automatically forfeited
• freely transferable
• right of reentry

Contingent Remainder is a remainder that is not automatically possessory but contingent if...

• subject to a condition precedent
• unascertained person

Tenancy in Common is an estate with multiple tenants in which each co-tenant owns a distinct undivided interest while each has a right to possess the whole estate that is...

• no survivorship rights
• freely transferable

Severance of a Tenancy by the Entirety...

Possession is when...

• each co-tenant
• right to possess the whole

Severance of a Joint Tenancy creates a...

• Tenancy in Common
• severed interest

Joint Tenancy is an estate that is created when...

• time
• possession concurrently exist
• title
• interest

Tenancy by the Entirety is an estate that is created when...

• time
• interest
• title
• possession
• marriage concurrently exist

Periodic Tenancy terminates when a tenant gives proper notice that is...

• sufficiently timed
• effective termination date is at the end of the periodic tenancy

Tenancy at Will is a leasehold estate with...

• terminable by either party at any time
• no fixed duration

Tenancy at Will terminates upon...

• will
• operation of law

Constructive Eviction is the Landlord’s action or inactions render the property uninhabitable whereupon there is...

• notice was given to Landlord about interference
• substantial interference
• tenant must vacate within a reasonable period

Landlord’s Tort Liability to Tenant for injuries occurring on the leased property consist of...

• assumption of repairs
• public use
• latent defects
• seasonal or short-term lease of a furnished dwelling
• common areas

Assignment consists of a...

• assignee
• entire transfer of the leasehold estate

Breach of the Implied Warranty of Habitability grants the Tenants remedies against the landlord consisting of...

• remain and seek damages
• move-out
• repair
• reduce or withhold rent

Tenancy at Sufferance is created when...

• tenant wrongfully possesses the property
• beyond the lease expiration

Actual Eviction is the Landlord...

• wrongfully evicts
• excludes the tenant from the property

Fixture is a...

• once movable object
• becomes part of the real property
• fixed to real property

Implied Covenant of Quiet Enjoyment is the Tenant’s right to...

• use
• free from interference
• enjoy the land

Implied Warranty of Habitability means the...

• fit for human dwelling
• residential property

Operation of law occurs when...

• assignment by the tenant
• death by either party
• waste by the tenant
• lease by the landlord to a third party
• transfer of title by the landlord

Landlord’s Duties and Warranties to tenant consist of...

• implied covenant of quiet enjoyment
• tort liability
• implied warranty of habitability
• duty to deliver possession

Tenant’s Duty at common law for leasehold estates consist of...

• not commit waste
• ordinary repairs
• pay rent
• use property in a legal manner

Sublease consists of a...

• sublessor to sublessee
• partial transfer of the leasehold estate

The four types of leasehold estates in which the tenant has a present possessory property interest, and the landlord has a future interest are...

• tenancy at sufferance
• tenancy at will
• tenancy for years
• periodic tenancy

Periodic Tenancy is a leasehold estate that is created when...

• express agreement
• operation of law that is continuous for successive intervals
• Implication

License is a...

• revocable right
• another’s land

Reciprocal Negative Servitude are covenants where the land is subdivided into parcels with restrictions attached that are created by...

• common plan or scheme
• notice

Easement in Gross is a type of easement which entitles an...

• individual
• entity to use the servient estate

Easement is a...

• confers a right to uses another’s land
• non-possessory interest

Profit is a non-possessory property interest entitling the holder to...

• enter a servient estate
• remove resources from the land

Covenant terminates upon...

• written releases
• condemnation of burdened property
• merger of benefited and burden estates

Easement by Prescription requires the use of another’s land to be...

• actual
• hostile
• open and notorious
• continuous

Benefiting covenant that runs with the land requires...

• vertical privity
• intent
• touches and concerns the land
• writing

Burdening covenant that runs with the land must...

• touches and concerns the land
• be in writing
• have intent
• notice
• horizontal and vertical privity

Defenses to Equitable Servitude...

Easement may be terminated by...

• release
• merger
• prescription
• necessity ends
• abandonment
• expiration
• estoppel
• destruction of servient tenement

Negative Easement is created only by an express grant where the holder of the easement prevents the servient landowner from engaging in otherwise permissible actions such as...

• light
• support
• air
• stream of water from an artificial flow

Covenant is a promise...

• refrain from doing something related to one’s land
• to do

Equitable Servitude s are covenants that are enforced through equity against successors through injunctive relief which must...

• touches and concerns the land
• be in writing
• notice
• intent

Easement by Implication is an easement based upon prior use where...

• continuous and apparent
• after the division of land
• reasonably necessary for enjoyment of the dominant tenant
• easement exists prior to division of land

Easement by Necessity is an easement where access to and from the property is...

• expires when the necessity ends
• impossible without the easement

Easement Appurtenant is a type of easement that...

• passes automatically
• entitles a dominant estate owner

Tacking permits an adverse possessor to add the current period of possession to that of another’s prior adverse possession to establish continuous control if...

• successive
• privity between the possessors

Adverse Possession is when a trespasser acquires title to another’s property without compensation if the trespasser’s possession of the land is...

• open and notorious
• hostile
• continuous for the statutory period
• actual and exclusive

Wild Deed is a...

• unconnected to the chain of title
• recorded deed

Deed is the legal title which passes from Seller to Buyer that is...

• delivered
• lawfully executed

Equitable Conversion is the...

• during the escrow process
• prior to deed delivery from the Seller
• transfer of real property to the Buyer

Race Notice Statute is the...

• record prevails
• first subsequent bona fide purchaser

Contract for the Sale of Land must comply with the statute of frauds and be...

• signed by the parties to be charged
• in writing
• articulate the essential terms of the land sale

Estoppel by Deed is...

• cannot acquire the same land
• Grantor does not then own
• Grantor who conveys title to land

Notice Statute is...

• over a prior grantee who fails to record
• subsequent bona fide purchaser always prevails

Bona Fide Purchaser for Value is one who purchases property for value without notice of the prior conveyance including...

• record notice
• inquiry notice
• actual notice

Land Sale Contract must contain...

• promise to disclose
• make no materially false statements
• promise to provide marketable title

General Warranty Deed is a deed that must contain all covenants including...

• against encumbrances
• seisin
• further assurances
• warranty
• quiet enjoyment
• right to convey

Race Statute is the...

• whether the buyer was a bona fide purchaser
• first grantee to record prevails regardless

Acceleration Clause is a loan agreement that requires the...

• mortgagor to pay the full loan immediately
• certain conditions are not met

Purchase Money Mortgage is a...

• used as collateral to acquire the loan for the land
• security interest on the land

Respondent Superior means the Principal will be liable when there is...

• conduct was within the scope of the employee’s employment
• existence of an employer-employee relationship

Principal Rights afforded to the agent are...

• compensation
• cooperation
• reimbursement

Apparent Authority occurs when...

• Principal’s conduct causes a third party to reasonable rely on the Agent’s appearance of authority
• Principal holds the agent out as having authority to act on the Principal’s behalf

Ratification occurs when...

• Principal has knowledge of the facts
• Agent acts on behalf of the Principal
• Principal affirmed those actions

Independent Contractors are generally not liable for committing acts...

• behalf of the Principal
• outside the scope of employment

Termination of an agency relationship...

Liability of the Principal and Agent to the Third Party will depend if...

• Agent had authority from the Principal
• Agent disclosed to the Third Party the Principals identity

Agency Relationship is created by a Principal and an Agent when there is the presence of...

• control
• acting on behalf of the Principal
• consent

Actual Authority is given by the Principal to the Agent in either...

• express authority
• implied authority

Agent Rights afforded to the principal are...

• loyalty
• obedience
• care

Dissolution is the...

• termination of the partnership

Limited Partnership is a partnership consisting of one or more...

• limited partner whom
• general partners
• file the appropriate statement with the state

Partnership Property consists of...

• capital contribution by each party
• property titled in the partnership’s name
• partnership purchases
• use of property by the partnership

Profits and Losses of the partnership are...

• shared equally upon each partner
• transferable

Dissociation is the act of any partner ceasing to be...

• associated
• carrying out the partnership business

Partnership Books are freely available for partners to...

• copy partnership information
• inspect

Contract Liability extends to all partners for...

• any contract made within the scope of the partnership
• any other expressly authorized contract

Limited Liability Partnership is created by...

• approval by vote of each partner
• filing the appropriate statement with the state

Fiduciary Duty owed by the partners to the partnership consist of...

• loyalty
• care

Proving a Partnership exists consists of...

• parties intent
• profit sharing
• capital contributions
• ownership of property
• parties control

General Partnerships are an association of...

• two or more people as co-owners
• for-profit business

Liability of each partner in a Limited Liability Partnership is...

• limited to the partnership itself
• each partner is still liable for their own acts

Liability of a Limited Partnership consists of the general partners...

• jointly and several liability for all partnership obligations
• personal

Ultra Vires are corporate acts outside the stated purpose where the consequences consist of...

• state action
• shareholder suit
• corporation suit

Promoter is an individual that acts on behalf of a yet to be formed corporation to...

• assist in corporate formation
• conduct corporate planning
• raise capital

Conflict of Interest is a...

• corporation
• personal interest
• transaction

Direct suits are a shareholder’s pursuit of legal action towards a...

• corporation
• corporation’s officer
• director

Duty of Loyalty of the corporation is owed by...

• officers
• directors

Merger is when two or more company’s combine into a single company after...

• shareholder votes favored the merger
• board vote

Piercing the Corporate Veil are acts done by a valid court which hold liable the...

• officers for their actions or debts
• shareholders
• directors

Shareholder Authority is the power of the shareholders to exert control over the corporation by...

• drafting bylaws
• appointing directors
• approve fundamental changes of the corporate structure

Debt is when a corporation...

• borrows funds from a lender
• promises to pay the loan back

De Facto Corporation is a failed corporation formation where the corporation continues and will be treated as a properly formed corporation if...

• law exists in which the corporation could become legally incorporated
• conducted business in corporation name
• good faith effort to comply with state’s incorporation laws

Derivative suits are a...

• cause of action exists by the corporation, but the corporation fails to pursue it
• rights of the corporation
• enforce
• shareholders suit

Article of Incorporation form a corporation when filed within the state that consist of...

• number of shares
• registered agent
• incorporators
• corporation name

Liability of the Promoter consists of...

• all contracts formed prior to corporation formation
• personally liability

Meetings are conducted by the shareholders and the corporation where there are two types of meetings such as...

• special meetings where notice is required
• annual

Funding for corporations derive from...

• combination of debt and stocks
• stocks
• debt

Demand on the corporation for a Derivative suit must be in...

• demand the corporation act
• wait 90 days before filing suit
• writing

Dissolution of the corporation is the termination of the corporation when...

• liquidate assets
• winding up occurs
• no new business is carried out

Proxies are...

• in writing
• shareholders ability
• vote

Stocks reflect the investment in the corporation by...

• who become part owners of the corporation
• shareholders

Corporation is a...

• legal entity
• separate from its owners

Quorum is the...

• eligible to vote
• present
• majority of shares

Bylaws are written rules for managing the corporation and shall be enacted by...

• incorporators
• board of directors

Business Judgement Rule is the court’s ability to ignore the business decision if the decision was made in...

• care a person in a similar position believed to appropriate under the circumstances
• best interest of the corporation
• good faith

Member Managed LLC is when all members owe a duty of...

• loyalty to each member and the LLC
• care

Limited Liability Company is created when...

• name of registered agent
• address of the LLC
• name of the LLC
• certificate is filed within the forum state

Manager Managed LLC is when only the managers owe a duty of...

• care
• loyalty to each manager and the LLC

Good Faith and Fair Dealing is owed by all...

• members
• managers of the LLC

Jurisdiction in the forum state is established when one spouse has...

• domiciled in the forum state
• 6 months

Post-Marital Agreements are legally enforceable contracts formed after the marriage to divide the marital property if...

• voluntary
• each spouse has adequate representation
• time to review the disclosure

State of Mind required for marriage is...

• intent
• capacity

Common Law Marriage occurs when a couple is considered legally married if...

• holding themselves out to the public as married
• consent
• cohabitation

Pre-Marital Agreements are legally enforceable contracts between the parties that provide distribution of the marital assets when...

• voluntary
• full and fair disclosure
• in writing

Marriage is the legal union of two individuals when...

• license is obtained by the state
• solemnized

Annulment is a judicial declaration that a marriage was void and never valid if due to...

• incapacity
• bigamy or polygamy
• consanguinity
• age

Divorce is a decree that terminates the marriage when...

• living separate and apart for more than 6 months
• incompatible
• irretrievably broken

Comingled property is...

• mixed with marital property
• separate property
• becomes martial property

Community Property is property...

• will be split fairly between the spouses
• acquired during the marriage

Property that is acquired during the marriage is presumed to be marital property unless...

• passive income from separate property
• gifts or inheritance in their sole name
• owned prior to the marriage and kept separate

Equitable Division of Property refers to the courts process of dividing...

• separate property
• property acquired during the marriage on an equitable basis

Custody is the primary standard of care to determine to all...

• parenting
• support is in the best interest of the child
• time sharing

Child Support is the duty of...

• least 18 years of age
• support their child
• both parents
• dependent is mentally or physically handicapped

Spousal Support is the support of one spouse by another spouse in the form of...

• durational
• bridge-the-gap
• rehabilitative
• pendente lite
• permanent alimony

Modification of support must show...

• substantial
• material
• unanticipated change of circumstances

Adoption requires the...

• consent to of both biological parents
• terminates the legal relationship between the parent and child

Abatement is when the estates value is...

• insufficient to pay obligations
• must reduce gifts to satisfy those obligations

Contesting a will requires an...

• individual
• pecuniary interest in the beneficiaries

Holographic Wills are handwritten wills that must...

• signed by the Testator
• reflect the intent to make a will
• testator’s handwriting

Advancements are a...

• gift made during the testator’s life
• intent that the gift be applied to any share the party would receive
• decedents life

Intervivos Gift is a gift given by a living person to another with...

• acceptance
• intent
• delivery

Undue Influence occurs when...

• testator’s will would not have been executed but for the undue influence
• testator’s free will and mind were overpowered
• influence was placed on the testator

Trust requires the settlor to have...

• clear disposition of settlor’s specific property
• valid purpose of the trust
• definite beneficiary
• capacity
• named competent trustee
• intent to create the trust

Incorporation by Reference are documents that are not part of the will may be incorporated when...

• document existed
• document is authenticated
• Testator’s intent to incorporate

Will s are the instrument that directs the distribution of property of the decedent and shall...

• signed by the testator
• writing
• signed by at least two witnesses

Resulting Trust is a...

• resulting in a trust implied by law
• failed express trust

Trustees Duties consist of a duty to...

• administer
• loyalty
• preserve property
• contain property
• report
• protect the trust

Disclaimer is the act of...

• one party
• decedent’s estate that would have passed to the other party
• disclaiming the party’s interest

Fraud occurs when the testator was...

• intentionally deceived
• testator relied upon those misrepresentations

Integration is when separate documents become integrated in the will when...

• documents were present at the time of the will’s execution
• intent of the Testator to be included

Attestation Clause is a clause...

• above the signatures
• immediately preceding the will
• certifies the will requirements have been fulfilled

Adopted Children are treated...

• the same as a natural child
• purposes of intestate succession

Revival is the act of...

• revoked the will
• revoking the instrument
• reviving the prior will

Slayer Statute is one who...

• forfeits the decedents estate
• kills their spouse

Testamentary Intent is the...

• intent
• individual that this is their will

Pretermitted Children are...

• adopted after the will was executed
• children born

Codicils are...

• changes
• modifications to an already existing will that meet the will requirements
• amendments

Capacity is required for a will to be valid at the time of execution when...

• nature of the disposition in a common scheme
• people who are to benefit from the estate
• individual is over the age of 18
• understand the act of the will
• property to be disposed

Simultaneous Death means one spouse cannot take as heir to the beneficiary unless the spouse survives the decedent with...

• sufficient evidence one spouse died first
• clear evidence the spouse survived more than 120 hours than the other spouse

Intestate Succession is the...

• without a will
• distribution of property
• decedent

Trust is a fiduciary relationship in which...

• benefit of designated beneficiaries
• one party
• holds legal title to property

Revocation is the act of the testator to revoke the will at any time by...

• revocation evidenced in writing
• revocation by physical act
• partial revocation

Constructive Trust is an...

• rectify unjust enrichment
• equitable remedy

Ademption is the gift of...

• specific property
• no longer available in the estate

Security Agreement shall contain...

• signed by the debtor
• rights in the described collateral
• value of the collateral

Fixture Filing is a financing statement filed...

• fixture was attached to the real property
• county where the property is located

After Acquired Property is property to be owned by the debtor in the future which allows the secured party to have an interest in...

• future property
• existing property

Secured Transaction is governed by UCC Article 9 when intended to create a security interest in...

• fixtures
• personal property

Fixture is when personal property has become so affixed into...

• it becomes part of the real estate
• real estate

Purchase-Money Security Interest is a...

• purchase-money collateral
• security interest
• purchased in part by the debtor with funds given to create the security interest

Rights on Default arises when the debtor fails to fulfill their obligations to the creditor causing...

• repossession
• redemption
• collections
• strict foreclosure
• sale of the collateral

Certificate of Title is a notation on the title document that applies to...

• goods that are subject to title
• cars excluding inventory

Security Interests can be created by...

• possession
• control
• security agreement

Collateral is property that is subject to...

• agricultural lien
• security interest

Accessions are goods that are...

• physically united with
• other goods

Attachment allows the...

• creditor to enforce the security interest
• against the debtor
• security agreement is properly executed

Priority is where the...

• creditor stands against other
• third parties that may have a right
• collateral

Perfection is...

• notice to third parties
• secured party’s interest in the collateral

UCC Financing Statement is a...

• written authenticated record of the debtor
• description of the collateral
• creditor’s name
• with the correct spelling of the debtor’s name