Beyond Reasonable Doubt

clear expression of assent

legal value

to the contract terms

marriage

UCC Article 2

clear

offer

objective manifestation

bargained for exchange of

land

executorship

infants

mentally incompetent individuals

consideration

goods over $500

no defenses

Common Law

between the parties

suretyship

present intent to contract

performance longer than a year

acceptance

an options contract

conditional acceptance

UCC firm offer

an unambiguous statement by the offeror to the offeree

offeree becomes aware of the offeror’s unambiguous conduct

don’t apply to options contract

revocation by offeror

counteroffer

promptly ship goods

promises to ship goods

acceptance of the contract terms

offeror has knowledge that offeree has begun performance

acceptance with additional terms

rejection by offeree

detrimental reliance

lapse of time

an express rejection

offeree begins performance

upon dispatch

factual assumption of the contract

false assertion of

detrimental reliance occurs

promise

under excessive pressure

both parties are

prior to contract formation or performance

no obligation to perform

by an individual susceptible to pressure

at time of contract formation

signed writing by the party to be charged

material fact

injustice will occur without the enforcement of the promise

contract entered

mistaken to

part performance

which overcomes the party’s free will

promisor expects reliance

wrongful act

contradict the written contract

supplement

non-carrier non-merchant buyer need only tender delivery

non-carrier merchant sells to buyer and takes physical possession

implied warranty for a particular purpose

shipment by common carrier upon dispatch

express warranty

implied warranty of merchantability

accept in whole

accept in part

reject in whole

delivery

in separate lots

with respect to their manner of delivery

reject in part

time for performance has not yet expired

in perfect tender

goods must be delivered

buyer has notified seller of imperfect tender

seller gives buyer notice of intent to cure

substantial benefit incurred to one party

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

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

one party has substantially performed

at any time

precedent

subsequent to the required performance of the contract

event is not the fault of the parties

objectively impossible

unambiguous act

performance is

the party will not perform the contract

performance

clear

that can be terminated by either party

only possible

agreement

unexpected event

destroys the purpose of the contract

with extreme and unreasonable difficulty or expense

agree to substitute a new party

mutual assent

existing parties to a contract

alter the original contract terms where

existing parties

consideration is now required

to perform the contract

parties of the contract

relies upon the contract

files suit

for the third party to benefit from the contract

to benefit from the contract

parties of the contract

assents

intended the third party

did not intend

unique goods

reasonable

economic position had the party completed the contract

unforeseeable

commercially reasonable expenses

which flow from the breach of the contract

land

damages that are not personal services

put the non-breaching party

indirectly resulting from the breach of contract

foreseeable losses

occur prior to contract formation

conducted outside the presence of the jury

makes a fact

substantially outweighed by

liability insurance

presenting duplicative evidence

fault

settlements

more or less probable

Federal Rules of Evidence

defect

misleading the jury

prove fault

the danger of unfair prejudice

court-ordered hearing on admissibility of evidence

United States Constitution

than it would be without the evidence

it is used to prove ownership

payments or offers to pay medical expenses

confusion of issues

undue delay or waste of time

federal statute

subsequent remedial measures

probative value

party’s ability to pay damages

an inadequate warning

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

sexual assault

prior relationship between the victim and defendant

be disclosed with their intent to offer the evidence

intent

rebutted by the prosecution

describe the evidence’s purpose

victim puts their reputation at issue

common plan or scheme

probative value is substantially outweighed by the danger of unfair prejudice

notify the victim 14 days prior to trial

third party is the source of the DNA or injury

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

motive

identity

victim’s violent character reflects

victim attacked first

Defendant and once introduced

mistake or lack of mistake

reputation

the issues in the case

credibility of the witness used to

contradiction

prior inconsistent statements

interest

fact not relevant to

bias

impeach the witness

prior acts of misconduct

reliable principles relied upon

the adverse party has the chance to enter it into evidence

memory

personal knowledge

augmentative

witness had knowledge of the subject matter at issue

not an expert

the record accurately reflects witness’s knowledge

are or beyond the scope of direct

inspection of the document by the opposing party

acceptance of others in the field

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

communication

witness to not read aloud from the document

testing

helpful to understand or determining a fact

calls for narrative

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

published

qualified

rate of error

not read into evidence

rationally based

perception

sincerity

provided with reasonable certainty

helpful

leading

proper factual basis formed

limited to criminal cases

terminates upon divorce

made during the marriage

psychotherapist

applies to both criminal and civil proceedings

survives divorce

made to facilitate the provision of legal services

married at the time of the trial

doctor patient if recognized in the forum state

they are intended to be confidential

can only be invoked by the witness spouse

spousal privilege or marital communications

can be invoked by either spouse

attorney client

an original document

by any means that serve to establish authenticity

physical that

any fact as true

without formal presentation

either on its own initiative

prove the contents of a writing

by formal request of a party

the proponent produces

sensation

the truth of the matter asserted

physical condition at the time the statement was made

only applies to homicide or all civil cases

declarant is unavailable

dying declaration

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

speaker’s knowledge

legal operative fact

privileged

pertaining to the diagnosis of that treatment of condition

out of court statement

pecuniary gain

describes or explains the event or condition

contrary to declarant’s pecuniary gain

describe the activities of a public office or agency

declarant is currently unavailable

vicarious statement

statements offered against the party procuring declarants unavailability

adoptive statements

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

by a public employee within their scope of duty

under a duty of law

declarant is unavailable

occurred at or near the time of the event

relate to the startling event in question

words to proport the effect of the listener

state of mind

admission

testimony

statement against interest

opportunity to cross examine the declarant

declarant was under the belief of impending death

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

statement is made to physical personnel

by judicial notice

death

record or transaction recorded by the business

emotion

lack of memory

excitement or stress

is made during the regular course of business

offered to prove

prior testimony was given under oath

judicial statements

refusal

concern the declarant’s state of mind

opportunity to cross examine and a similar motive in doing so

former testimony under oath

is made during or immediately after

authenticated or certified in writing

offered against the defendant

an out-of-court statement

in a criminal case

may be excluded if the declarant is unavailable

Plaintiff suffers emotional distress

fair market value at the time of conversion

intermeddling of another’s personal property

extreme or outrageous act

intentional

intentional

intermeddling of another’s personal property

voluntary act by the defendant

intentional

Defendant knew of the relation

intentional

intentional

Defendant

intentional

voluntary act by the defendant

reasonable apprehension of harmful or immediate contact

harmful or immediate contact

physical invasion of one’s real property

Defendant’s conduct seriously injured a third person

intentional

Plaintiff is closely related to the injured third person

voluntary act by the defendant

Plaintiff is confined to a bounded area

Plaintiff was present when the injury occurred

voluntary act

Plaintiff suffers severe emotional distress

causing such harm

threatened injury was more serious than the property interference

applied reasonable force

express consent

Defendant may use peaceful means

to recover unlawfully taken property

scope of consent was not exceeded

right to self-defense

reasonable belief

application of reasonable

reasonable belief

properly timed

non-deadly force

reasonably necessary

defamatory statement

defamatory statement

falsity and fault

loathsome disease

regarding the Plaintiff

pecuniary damages

regarding the Plaintiff

harmful to the Plaintiff’s reputation

spoken conduct where

crimes of moral turpitude

that was published

impute women’s chastity

that was published

harmful to Plaintiff’s reputation

effects business or reputation

this interreference causes breach

Defendant’s misrepresentation of a material fact

damages in the form of pecuniary loss

where the Defendant has knowledge of such relationship

name, image or likeness

breach of duty was owed

resulting in damages

resulted in monetary loss

intended to induce reliance

intentionally interferes with that relationship

misrepresents a material fact in a professional setting

widespread publication

actual reliance by the Plaintiff

highly offensive to a reasonable prudent person

justifiable reliance by the Plaintiff

falsehood or material misrepresentation

of Plaintiff’s

unauthorized use

offensive to a reasonable person

knows the misrepresentation to be false

Plaintiffs’ reasonable expectation of privacy

Plaintiff has a valid contractual relationship

for commercial purposes

criminal act

breach

by custom or trade usage

common carrier or innkeepers

causation

the potential lost outweighs the risk of remedying the defect

an act of God

valid ordinance is in place

close proximity to the Plaintiff

suffers severe emotional distress from the incident

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

not attributable to the plaintiff

children are in the area

attributable to the Plaintiff

inference of negligence

alleged breach

damages

children

condition is likely to cause injury

duty

injuries incurred

Owner’s permission for

open to the public

personal injury

contributed to Plaintiff’s injuries

attributable to the defendant

foreseeable Plaintiffs

falls below the standard of care

punitive damages

Defendant establishes that Plaintiff’s conduct

Licensee’s own personal

to confer a commercial benefit

business purpose

intentional tort

zone of danger

Plaintiff suffers from some physical manifestation

dangerous condition

owed to the individual

property damage

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

professionals

duty owed

absolute duty to make safe

on another’s property

causation

resulting from their animal’s conduct

poses a severe risk

damages to person or property

uncommon activity

reasonably foreseeable damages

cannot be made safe

used in a foreseeable manner

that was the actual or proximate cause

design defect

warranty of merchantability

fit for particular purpose

express warranty

defective product

inadequate warning

commercial supplier

manufacturing defect

substantial interference

tortious invasion

average community member would be offended

unreasonable interference

health, safety, or property rights of the public

with ones right to enjoy one’s property

of the right to enjoy one’s property

to the relationship with the Defendant

Defendant commits a tort

acts of two or more Defendants

more than their fair share of damages

against the Plaintiff

single indivisible injury

recover against the other party for the excess damages paid

combine

aids, abets or encourages

purposefully

intent that the principal commits the crime

prohibiting the Defendant from being prosecuted separately for each crime

concurrence

cause-in-fact of the criminal act

physical act

malice

different victim

physical act

voluntary

recklessly

agreement

knowingly

proximate cause

negligently

principal before, during or after

occur simultaneously

actus reus

two or more offenses

causation

general intent

specific intent

different object

mens reus

mental state

between two or more people

to commit a crime or unlawful activity

falls short of completing the crime

committed in furtherance of the conspiracy

an overt act in furtherance of

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

intent to commit the targeted crime

done with the specific intent to complete the crime

foreseeable

inciting, urging, or asking

intentional agreement between two or more people

Irresistible Impulse Test

Defendant committed a crime under the reasonable belief

criminal plan originated with law enforcement

Model Penal Code

Durham Rule

Defendant believed their conduct was reasonably necessary

necessary to prevent death or serious bodily injury

Defendant had no prior pre-disposition to commit the crime

M’Naghten Rule

intentional

provocation

unlawful killing

with either movement or concealment of the victim

intent to kill

arson

with malice aforethought

killing

Depraved Heart

without their consent

by a man other than her husband

to a person or another

unlawful application of force

intent to inflict serious bodily harm

unlawful confinement of a person

resulting in bodily injury or offensive touching

rape

Felony Murder

without her consent

without their consent

not resulting in Felony Murder

of another human

burglary

committed with criminal negligence

of a woman

carnal knowledge

reasonable apprehension of imminent bodily harm

unlawful confinement of a person

killing

robbery

resulting from adequate provocation

ordinary person to experience sudden and intense passion

kidnapping

no time to cool off

purported legal significance

malicious

with the intent to defraud

entering

receiving possession and control

burning

fraudulent conversion

another’s dwelling

obtaining title to another’s property

creation or alteration

intent to commit a felony therein

nighttime

of past or existing facts

known or should have known

by false statements

another’s personal property

of past or existing facts

of another’s personal property

taking and carrying away

with the intent to permanently deprive them of that property

written document

another’s dwelling

force or threat

with the intent to permanently deprive

breaking

stolen property

obtaining title to another’s property

of another’s personal property

intent to permanently deprive them of that property

by one in lawful possession

intent to defraud

by false statements

taking and carrying away

causation

injured party is unlikely or unable to assert their own rights

suffers immediate threat of harm

harmed

cases involving foreign ambassadors

claim for money damages paid by the state officer personally

none

inherently incapable of judicial resolution

injury

standing

ripeness

mootness

final judgement of a lower court

redressability

independent

suit involves fourteenth amendment

other foreign ministers

another branch of government

judgement by the state’s highest court

class action lawsuits

adequate state law ground

suits between states

wrongs capable of repetition

bankruptcy proceedings

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

injury

Plaintiff’s injury adversely affects their relationship with third parties

states waive sovereign immunity

voluntary cessation

federal government brings the suit

not prohibited by the States are reserved to the States

channels

approval by the President

condition must relate to the purpose of the law at issue

land

instrumentalities

exclusive authority

military

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

Indian reservation

not a delegation of a core power

anyway deemed necessary

commercial activity

condition must be clearly stated

general welfare

District of Columbia

the scope is clearly defined

condition cannot be unduly coercive

economic activities that have a substantial effect on interstate commerce

regulate interstate commerce

bicameralism

signed within 10 days excluding Sunday

not granted to the federal government

appoint ambassadors

act as Commander in Chief of the military

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

Vice President

treaties

civil suits arising from official actions

accused

other high-level officers without the consent of the Senate

President can remove them freely unless limited by Congress

ambassadors

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

Federal Judges

federal judges

courts

inferior officers in the presidency

convicted of federal crimes

department or agency leadership

President

power to represent the United States in foreign affairs

disclosure of presidential papers

taken while in office

conversations

regulate wholly out-of-state activity

substantial nexus within the state

state market participant

federal law

tax is fairly apportioned to the activity connected to the state

discriminate against out-of-state competition

supreme law of the land

necessary to an important state interest

not necessary to achieve an important governmental interest

relates to civil liberties

state

unduly burden interstate commerce

Congress has a clear intent to legislate exclusivity

state law impedes a federal objective

traditional government function

tax must be fairly related to some governmental service or benefit

local laws if expressly stated

Congressional approval

commercial activities

mutual exclusivity

life

substantially related

property without due process of law

private entity performs an exclusive public function

color

compelling governmental interest

federal

significant state entanglement between the government and private conduct

slavery

indentured servitude

race

necessary to achieve

liberty

rationally related

state

important governmental interest

local governments

legitimate government interest

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

specific individuals

existing contractual duties including governmental obligations

public use

group members without a judicial trial

private property

increases punishment for a crime that has been committed

criminally punishes conduct that was lawful when done

without just compensation

state cannot interfere

procreation

travel

raise your family

contraception

education

right to vote

marriage

abortion

related to self-government and the democratic process

law is discriminatory on its face

congressional law regulating immigration

facially neutral law applied in a discriminatory manner

discriminatory motive is present

Constitution allows to be regulated

misleading

substantial likelihood that the speech will bring imminent illegal activity

sponsor a religion

regulation furthers an important government interest

patently offensive in its sexual portrayal

cultural beliefs

content neutral

concerns illegal activity

establish

government interest is unrelated to suppression of the message

appeals to the prurient interest

political

association

speech

speech is aimed at causing imminent illegal activity

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

narrowly tailored to serve an important governmental purpose

substantially more speech

prohibited

conduct

give preference to one religion over another

assembly

religious

illegal

religious beliefs

deceptive

press

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

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

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

leave open adequate, alternative channels of communication

false

subjective expectation of privacy

automobile stop

detainment to obtain a search warrant

probable cause

Defendant has standing

precise on its face

law was violated

reasonable suspicion

committed the crime

neutral or an articulable standard

governmental conduct

planning to commit the crime

criminal investigation purpose

stop & frisk

signed by a neutral detached magistrate

presence of exigent circumstances

serve a purpose related to automobiles

whether society is prepared to accept that activity as reasonable

valid search warrant

stationhouse detainment

detainment of occupants of a premise

interrogation

frisk is limited to plain feel of weapons or contraband

consent was voluntary

search is not overly intrusive

hot pursuit

arrest was lawful

procedure for searching is reasonably related to the objective

limited to short time periods

criminal activity is immediately apparent

terminate when the information acquired is the information sought

emergency aid

reasonable suspicion

intelligibly made

probable cause arises prior to the search beginning

consenting person has authority to do so

reasonable suspicion of criminally activity is a foot

access to the items were lawful

probable cause exists

routine searches

evanescent evidence

length of detainment is no longer than necessary

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

names of suspects subject to surveillance

search was limited to area within suspects reach or movement

search was contemporaneous with the arrest

legitimately on premise

moderate chance at finding evidence

inspections of highly regulated business or industries

describe with particularity the subject of conversations that are surveilled

evidence seized as a result of a Miranda violation

grand jury proceedings

government had an independent source to obtain the evidence

parole or civil proceedings

attenuation

inevitable discovery

violations of knock and announce rules

any proceeding

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

hung jury

in custody

court accepts a plea agreement

voluntary

jury is sworn in

first witness is sworn in

successful appeal

interrogated

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

breach of a plea agreement

invokes the right to remain silent

separate sovereigns

manifest necessity

knowing

any person

intelligently made

right to their fifth amendment right to counsel

right to an attorney

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

charges have been filed

offense specific

voluntary

suspect has no right to confront witnesses

right to an impartial jury

held in secret where

at least 6 jurors

in a criminal case

an out of court statement is

required in federal court

afforded peremptory challenges

intelligently made

voluntarily

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

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

offered against the Defendant

no right to Miranda warning

may be excluded if the declarant is unavailable

unanimous decision

based on the totality of the circumstances

no right to counsel

any cruel

unusual punishment

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

mentally disabled

minor when the crime was committed

insane at the time of the criminal execution

grossly disproportionate to the charged offense

present

party

domiciled in the forum state

in persona

state interest

afford an opportunity to be heard

quasi in rem

action

convenience

party’s property

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

consent to jurisdiction

service of process is done in the forum state

relatedness of contacts and claims

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

substantial justice

in rem

where the corporation maintains a principal place of business

any partner

intent to remain in that state

Diversity Jurisdiction

diverse citizenship

exceeds $75,000 excluding interest and costs

rules for tolling statute of limitations

controversies between citizens of different states

to meet the $75,000 requirement

share a common nucleus of operative fact with an existing claim

all Defendants agree

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

Supplemental Jurisdiction

Removal Jurisdiction

domiciled

incorporation occurs

postal matters

not based on allegations or potential defenses

from every Defendant

physical presence in the state

good faith allegation of the damages

single Defendant

federal court would have had subject matter jurisdiction

statute of limitations

intellectual property

Federal Question Jurisdiction

member is a citizen

bankruptcy

amount in controversy exceeds $75,000

time of the lawsuit

remove within 30 days of service of first removable opportunity

case is already in federal court

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

elements of a claim or defense

federal anti-trust claims

conflict or choice of law rules

federal question appears on the face of the complaint

all parties consent to the transfer

the case could have been filed there

location of property

location of claim

any district where any Defendant resides

Defendant is subject to Personal Jurisdiction

who are 18 or older

summons

mail

complaint

non-party

formal request to waive service

mailing the Defendant the complaint

personal service

substituted service

Defendants authorized agent

any method permitted under state law

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

lasts up to 14 days from issuance

before a hearing can be heard

likely hood of success on the merits

irreparable injury to a party

necessary to prevent

occurrence as any of the Plaintiffs claims

redundant

written consent from the adverse party was given

same transaction

ambiguous

occurs within 90 days of filing of the original pleading

leave of court

lack of subject matter jurisdiction

statement of the claim

insufficiency of service of process

safe harbor for 21 days

failure to state a claim

scandalous material in the complaint

statement of jurisdiction

vague

immaterial

factual contentions and denials have or likely to have evidentiary support

same transaction

Defendant states defenses to each claim asserted

improper venue

no material issue of facts exists

occurrence

independent jurisdiction

lack of personal jurisdiction

judgement rendered by the court

failure to join a necessary party

filing is not for an improper purpose

add or substitute a new Defendant

occurrence as the original pleading

same transaction

same conduct

demand for judgement

insufficiency of process

same transaction

prior to a verdict

conduct, transaction, or occurrence

occurrence

one party is entitled to judgement as a matter of law

non-frivolous legal contentions made are warranted by law

required hearing

admit or deny each claim

after the statute of limitations has run

requires a response within 21 days

within 21 days after service

add a new claim

impertinent

personal jurisdiction of the court

minimal diversity is present

shape potential relief to avoid prejudice

without absentee court cannot grant complete relief

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

same transaction or occurrence

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

alternative forum availability

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

common questions of fact or law arise

within 14 days after serving their answer

deposit property with the court

less than or equal to $500

adequate remedies available for the Plaintiff if case is dismissed

absentee’s legal interest may be impaired

nationwide service

court has jurisdiction over parties and claims

absentee has a conditional statutory right

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

absentee is a governmental officer or agency

court must have personal jurisdiction over impleaded party

no deposit with the court required

Federal Question Jurisdiction or Complete Diversity Jurisdiction

joining the parties will not destroy diversity jurisdiction

no nationwide service required

absent non-party has an unconditional statutory right

likelihood of prejudice

reasonable

fairly and adequately represent the interest of the whole class

class members may opt out

approved by the court

diverse class representatives from all opposing parties

no right to opt out

damages cannot be sought

notice may be at the discretion of the court

defined class

opt out is applicable

class action is superior to other procedures to resolve the dispute

must receive reasonable notice

typicality

numerosity

adequate

one class representative claim that exceeds $75,000

opportunity to opt out if applicable

predominated over individual questions

fair

binds all absent class members

commonality

due process satisfied by reasonably adequate notice to class members

adequacy

adequate representation

substantial need for the material

Fifth Amendment right of self-incrimination

people who have knowledge pertinent to claims and defenses

90 days prior to trial

respond within 30 days of service

physician patient

qualifications

marital

not exceed 7 hours

certify they have

develop a plan for discovery

acquiring

limited to 25 questions

detailed information about the evidence to be used at trial

damages sought

produce a report containing experts’ opinion

made for the purpose of obtaining or providing legal advice

inspection within 30 days after service

parties and non-party witnesses

clergy

data used

work product

intended to be and kept confidential

attempted to meet and confer to resolve the dispute

identity of documents

party’s health is at issue

denial

examines the party under oath

non-privileged

attorney-client

sources of discoverable information

undue hardship to obtain the materials by other means

journalist source

no more than 10 total depositions

copy

good cause is shown for the purpose of the examination

relevant to a claim or defense

proportional to the needs of the case

discuss claims, defenses, and settlement

30 days prior to trial

21 days before scheduling conference

producing information from

between client and counsel

review

lacks sufficient knowledge within 30 days of service

admit

insurance

class action certification

Defendant is not a minor or incompetent

void judgement

admiralty

mandamus

with cause

new undiscoverable evidence at time of trial

mistake was made

bankruptcy

any other reason that justifies relief

moving party is entitled to judgement as a matter of law

collateral order

no less than 30 days after the close of discovery

Defendant has not responded at all

de novo standard of review

same parties

appealed within 30 days of entry of final judgement

appointment of receivership

final judgement on the merits

within 28 days after entry of judgement

without cause

injunction

after the court enters judgement based in the jury verdict

Plaintiff provides an affidavit of sum owed

renewed by the losing party

Claim is for money damages

judgement has been satisfied or discharged

insufficient evidence

sufficient evidentiary basis to disagree with the result

questions of facts

same issue

entered based upon a serious error

Plaintiff files for default judgement against Defendant

fraud or misrepresentation

property

28 days after entry of judgement

asserted against actual party in previous case

same claim

final judgement on the merits

no genuine issue of material fact

prior to the case going to jury

issue was essential to judgement

automatically transfers

freely transferable

commits waste

indefeasibly vested remainders

vested remainder subject to open

for the life of the interest holder

freely transferable

interest on encumbrances

expressly gives right to exploit

no later than 21 years

not paying taxes

possibility of reverter

freely transferable

neglect

exploited prior to grant

third party

necessary for repairs

economically benefits the land

not automatically forfeited

unascertained person

right of reentry

automatically

within a life in being at the time of creation

interest in land

vest or fail

subject to a condition precedent

vested remainders subject to total divestment

time

possession concurrently exist

time

execution by a joint creditor

marriage concurrently exist

Tenancy in Common

right to possess the whole

each co-tenant

no survivorship rights

mutual agreement

death of one co-tenant

title

title

severed interest

issuance of a divorce decree

possession

freely transferable

interest

interest

partial transfer of the leasehold estate

operation of law that is continuous for successive intervals

periodic tenancy

fixed to real property

express agreement

entire transfer of the leasehold estate

implied covenant of quiet enjoyment

once movable object

reduce or withhold rent

notice was given to Landlord about interference

remain and seek damages

beyond the lease expiration

tenancy at sufferance

waste by the tenant

death by either party

excludes the tenant from the property

ordinary repairs

assignment by the tenant

seasonal or short-term lease of a furnished dwelling

assignee

no fixed duration

not commit waste

fit for human dwelling

free from interference

public use

terminable by either party at any time

enjoy the land

common areas

tenancy at will

lease by the landlord to a third party

use property in a legal manner

wrongfully evicts

substantial interference

sufficiently timed

Implication

repair

effective termination date is at the end of the periodic tenancy

tenant wrongfully possesses the property

assumption of repairs

pay rent

use

residential property

becomes part of the real property

tort liability

sublessor to sublessee

latent defects

tenancy for years

duty to deliver possession

will

tenant must vacate within a reasonable period

operation of law

move-out

implied warranty of habitability

transfer of title by the landlord

touches and concerns the land

laches

merger

release

have intent

destruction of servient tenement

vertical privity

change in neighborhood

notice

expiration

prescription

abandonment

necessity ends

passes automatically

air

open and notorious

merger of benefited and burden estates

intent

be in writing

continuous

confers a right to uses another’s land

revocable right

after the division of land

enter a servient estate

hostile

continuous and apparent

impossible without the easement

another’s land

estoppel

individual

entitles a dominant estate owner

refrain from doing something related to one’s land