UNSCRAMBLE

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

• UCC Article 2
• Common Law

Incapacity applies to...

• mentally incompetent individuals
• infants

Offer is a...

• objective manifestation
• clear
• present intent to contract

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

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

Contract is an...

• no defenses
• acceptance
• offer
• consideration

Consideration is a...

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

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

Offer Terminates upon...

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

Rejection occurs when there is...

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

Irrevocable Offer is...

• detrimental reliance
• UCC firm offer
• an options contract

Acceptance by Shipment occurs when the individual...

• promises to ship goods
• promptly ship goods

Mailbox Rule is...

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

Revocation consists of...

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

Fraud is a...

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

Promissory Estoppel occurs when...

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

Duress is a...

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

A Mistake occurs when...

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

Illusory Promise is a...

• no obligation to perform
• promise

Satisfying Statute of Frauds occurs when either...

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

Undue Influence is a...

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

Risk of Loss occurs when...

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

Warranties consists of...

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

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

• supplement
• contradict the written contract

Buyers Options regarding delivery consist of...

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

Right to Cure delivery occurs when...

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

Installment Contract is...

• in separate lots
• delivery

Perfect Tender are...

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

Material Breach is a...

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

Substantial Performance occurs when...

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

Frustration of Purpose is an...

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

Conditions are either...

• precedent
• subsequent to the required performance of the contract

Impracticability is...

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

Impossibility is...

• performance is
• objectively impossible

Anticipatory Repudiation is a...

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

At-will-employment is an...

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

Novation is when...

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

Modification occurs when...

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

Incidental Beneficiaries are...

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

Third Party Rights Vest when the third party...

• files suit
• relies upon the contract
• assents

Intended Beneficiaries are...

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

Consequential Damages are...

• indirectly resulting from the breach of contract
• foreseeable losses

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

• occur prior to contract formation
• reasonable

Specific Performance are...

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

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

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

Incidental damages are...

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

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

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

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

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

Relevant evidence (401 ) is evidence that...

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

Unfair Prejudice consist of...

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

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

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

• an inadequate warning
• fault
• defect

Liability Insurance is generally not admissible to...

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

Evidentiary Hearings are...

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

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

• victim’s violent character reflects
• victim attacked first

Use of Sexual Assault Evidence must...

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

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

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

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

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

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

• rebutted by the prosecution
• Defendant and once introduced

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

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

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

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...

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

Collateral Issues are a...

• fact not relevant to
• the issues in the case

Daubert Test are scientific evidence based upon...

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

Competency of a witness requires the witness has...

• sincerity
• memory
• communication
• personal knowledge

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

Expert Opinion testimony may be given if...

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

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

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

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

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

Objection to questions occurs when the question...

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

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

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

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

Marital Communication privilege pertains to communication between spouses...

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

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

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

Authenticated Evidence ...

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

• prove the contents of a writing
• an original document

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

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

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

Present State of Mind statements are admissible if...

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

Declarant Unavailability is admissible if...

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

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

• admission
• testimony
• by judicial notice

Present Sense Impression are admissible if...

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

Unavailability means the declarant’s testimony is...

• privileged
• lack of memory
• death
• refusal

Hearsay is a...

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

Excited Utterance are admissible if...

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

Statement Against Interest are admissible if...

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

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

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

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

Physical Condition statements are admissible if...

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

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

• judicial statements
• vicarious statement
• adoptive statements

Public Records are admissible if...

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

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

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

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

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

Trespass to chattel is an...

• intentional
• intermeddling of another’s personal property

Tort is an...

• intentional
• causing such harm
• 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

Intentional Infliction of Emotional Distress is...

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

Assault is an...

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

Trespass to Land is an...

• physical invasion of one’s real property
• intentional

Battery is an...

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

False Imprisonment is an...

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

Conversion is the...

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

Defense of Others is the Defendant’s...

• reasonable belief
• right to self-defense

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

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

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...

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

Self Defense is the...

• applied reasonable force
• reasonable belief
• properly timed

Defense of Property is the...

• non-deadly force
• application of reasonable

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

• express consent
• scope of consent was not exceeded

Slander Per Se is spoken conduct of...

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

Defamation of a public citizen is a...

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

Defamation of a Private Citizen is...

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

Slander is...

• pecuniary damages
• spoken conduct where

Intentional Interference with Business Relations...

False Light is the...

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

Intentional Misrepresentation is the...

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

Appropriation is the...

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

Intrusion Upon Seclusion is a...

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

Negligent Misrepresentation is the Defendant...

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

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

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

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

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

Negligence consists of...

• damages
• duty
• causation
• breach

Damages consist of...

• personal injury
• punitive damages
• property damage

Actual Cause is a causal connection between the...

• duty owed
• alleged breach

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

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

• zone of danger
• foreseeable Plaintiffs

Res Ipsa Loquitur is an...

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

Specialized Duty of Care is owed to...

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

Invitee is an individual who enters the land...

• to confer a commercial benefit
• open to the public

Breach of Duty is a duty that...

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

Negligent Infliction of Emotional Distress is...

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

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

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

• attributable to the Plaintiff
• injuries incurred

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

• intentional tort
• an act of God
• criminal act

Strict Liability abnormally dangers activity is a...

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

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...

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

Types of Defects consist of a...

• design defect
• inadequate warning
• manufacturing defect

Types of Warranties include...

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

Products Strict Liability is a...

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

Public Nuisance is an...

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

Private Nuisance is a...

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

Nuisance is a...

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

Contribution allows a...

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

Vicarious Liability is when the...

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

Joint and Several Liability applies when the...

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

Conspiracy is an...

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

Causation is either the...

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

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

• malice
• general intent
• specific intent

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

• different victim
• different object

Merger occurs when...

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

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
• purposefully
• negligently
• knowingly

Concurrence is the...

• mental state
• physical act
• occur simultaneously

Actus Reus is a...

• physical act
• voluntary

Criminal Act requires...

• concurrence
• causation
• actus reus
• mens reus

Conspiracy is an...

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

Attempt is an overt act...

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

Solicitation involves...

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

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

• foreseeable
• committed in furtherance of the conspiracy

Necessity applies when the...

• Defendant believed their conduct was reasonably necessary

Duress is a defense when the...

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

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...

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

False Imprisonment is the...

• unlawful confinement of a person
• without their consent

Involuntary Manslaughter is a...

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

Kidnapping is the...

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

Battery is the...

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

Rape is the...

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

Assault is...

• intentional
• reasonable apprehension of imminent bodily harm

Adequate Provocation occurs when the...

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

Voluntary Manslaughter is a...

• killing
• resulting from adequate provocation

The Types of Murder include...

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

Murder is the...

• of another human
• unlawful killing
• with malice aforethought

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

• robbery
• rape
• arson
• burglary
• kidnapping

Larceny is the...

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

Burglary is the...

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

Embezzlement is the...

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

Receipt of Stolen Property involves...

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

Robbery is the...

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

Larceny by Trick occurs when...

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

Arson is the...

• another’s dwelling
• malicious
• burning

Forgery is the...

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

False Pretenses involve...

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

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

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

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

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

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

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

• adequate state law ground
• independent

Justiciability is an ongoing controversy that includes...

• mootness
• ripeness
• standing

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

• inherently incapable of judicial resolution
• another branch of government

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

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

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

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

Injury to all is an...

• none
• injury

Ripeness is a Plaintiff has been...

• harmed
• suffers immediate threat of harm

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

• redressability
• causation
• injury

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

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

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

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

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

Intrastate Commerce grants Congress the authority to regulate...

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

Tenth Amendment grants all powers...

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

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

• anyway deemed necessary
• general welfare

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

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

• District of Columbia
• land
• military
• Indian reservation

Commerce Clause grants Congress the...

• exclusive authority
• regulate interstate commerce

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

• accused
• convicted of federal crimes

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

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

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

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

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

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

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

• Vice President
• 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
• President

Executive Privilege protects against...

• conversations
• disclosure of presidential papers

Presidential Appointment Powers consist of...

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

Congressional Appointment Powers vest in...

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

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...

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

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...

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

Dormant Commerce Clause Exceptions include...

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

Supremacy Clause means a...

• federal law
• supreme law of the land

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

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

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

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

Express Preemption means a federal law trumps conflicting...

• local laws if expressly stated
• state

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

Thirteenth Amendment expressly prohibits...

• indentured servitude
• slavery

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

• legitimate government interest
• rationally related

Government Action Exceptions include a...

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

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

• compelling governmental interest
• necessary to achieve

Government Action only applies to...

• federal
• local governments
• state

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

• life
• property without due process of law
• liberty

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

• race
• color

Takings Clause is the government shall not take...

• without just compensation
• private property
• public use

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

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

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

• group members without a judicial trial
• specific individuals

Contract Clause is a...

• existing contractual duties including governmental obligations
• state cannot interfere

Fundamental Rights under the Right of Privacy include...

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

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...

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

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

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

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

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

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

• political
• religious
• cultural beliefs

Overbreadth Law is unconstitutional if it regulates...

• Constitution allows to be regulated
• substantially more speech

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

• press
• association
• speech
• assembly

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

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

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

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

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

Establishment Clause is the governmental prohibition to...

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

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

• conduct
• religious beliefs

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

• prohibited

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

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

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

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

Automobile Stop occurs when the police have...

• law was violated
• reasonable suspicion

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...

• interrogation
• criminal investigation purpose

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

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

Search Warrant requires...

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

Police Checkpoints to search vehicles must be...

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

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

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

Public School Searches occur when school officials have...

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

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

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

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

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

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

• hot pursuit
• evanescent evidence
• emergency aid

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

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

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

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

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

Administrative Searches are conducted by Government agencies for...

• inspections of highly regulated business or industries
• routine searches

Electronic Surveillance requires a warrant when...

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

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
• inevitable discovery
• attenuation

Retria l occurs when...

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

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

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

Invoking Miranda occurs when an individual...

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

Waving Miranda occurs when...

• voluntary
• intelligently made
• knowing

Fifth Amendment of the United States Constitution protects...

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

Miranda Warnings apply to individuals when...

• interrogated
• in custody

Miranda Warnings is the...

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

Sixth Amendment Right to Counsel attaches automatically when...

• offense specific
• charges have been filed

Jury Requirements consist of...

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

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...

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

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

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

Admissions must be made...

• based on the totality of the circumstances
• voluntarily

Cruel and Unusual Punishment consists of...

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

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

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

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...

• afford an opportunity to be heard
• action

Personal Jurisdiction consists of...

• quasi in rem
• in rem
• in persona

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

• party’s property
• party

Personal Jurisdiction is lawful if...

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

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...

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

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

• any partner
• member is a citizen

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

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

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

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

Citizenship for Complete Diversity is every Plaintiff must...

• diverse citizenship
• from every Defendant

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

State Substantive Law will always govern...

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

Domicile factors include...

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

Natural Citizens are citizens of the state where...

• time of the lawsuit
• domiciled

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

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

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

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

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

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

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

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

Business Corporations are citizens of every state where...

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

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

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

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

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

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

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

Any individual may serve...

• non-party
• who are 18 or older

Acceptable Methods of Service of Process...

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

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

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

• complaint
• summons

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

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

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

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

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

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

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

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

Motion for judgement of the pleadings is a...

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

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

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
• factual contentions and denials have or likely to have evidentiary support
• non-frivolous legal contentions made are warranted by law

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

• vague
• ambiguous

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

• same transaction
• occurrence as any of the Plaintiffs claims

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

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

Parties may only amend without a right...

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

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

• occurrence
• same transaction
• independent jurisdiction

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

• same transaction
• occurrence

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

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

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

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

Rules 11 sanctions require...

• required hearing
• safe harbor for 21 days

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

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

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

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

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
• absentee’s legal interest may be impaired
• without absentee court cannot grant complete relief

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...

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

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

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

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

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

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

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

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

Necessary Parties must be under...

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

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

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

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
• damages cannot be sought
• no right to opt out

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

Settlement for class action...

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

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

Judgement for class action lawsuits...

• opt out is applicable
• binds all absent class members

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

• adequacy
• numerosity
• typicality
• commonality

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

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

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

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

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

• copy
• inspection within 30 days after service
• review

Undiscoverable privileged material includes...

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

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

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

• insurance
• sources of discoverable information
• damages sought

Meet and Confer must...

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

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

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

Discovery is material if...

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

Depositions are oral proceedings in which an attorney...

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

Discovery is a court mandated process of...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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...

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

Summary Judgement...

Default Judgement entered by Clerk may occur if...

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

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

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

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

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

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

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

• without cause
• with cause

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

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

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

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

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

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

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

• economically benefits the land
• commits waste

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

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

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

• unascertained person
• subject to a condition precedent

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

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

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

• interest on encumbrances
• not paying taxes
• neglect

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

• automatically transfers
• freely transferable
• third party

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

• freely transferable
• not automatically forfeited
• right of reentry

Life Estate is an...

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

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

• freely transferable
• automatically
• possibility of reverter

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

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

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

• time
• interest
• title
• possession concurrently exist

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

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

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

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

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

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

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

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

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

Implied Warranty of Habitability means the...

• residential property
• fit for human dwelling

Sublease consists of a...

• partial transfer of the leasehold estate
• sublessor to sublessee

Tenancy at Sufferance is created when...

• tenant wrongfully possesses the property
• beyond the lease expiration

Operation of law occurs when...

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

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

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

Assignment consists of a...

• assignee
• entire transfer of the leasehold estate

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

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

Tenancy at Will terminates upon...

• operation of law
• will

Tenancy at Will is a leasehold estate with...

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

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

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

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

• enjoy the land
• free from interference
• use

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

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

Fixture is a...

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

Actual Eviction is the Landlord...

• excludes the tenant from the property
• wrongfully evicts

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

Benefiting covenant that runs with the land requires...

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

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

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

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

• enter a servient estate
• remove resources from the 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

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

• open and notorious
• actual
• hostile
• continuous

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

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

Easement may be terminated by...

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

Covenant is a promise...

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

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

• entity to use the servient estate
• individual

Burdening covenant that runs with the land must...

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

Covenant terminates upon...

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

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...

• notice
• common plan or scheme

Defenses to Equitable Servitude...

Easement is a...

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

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

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

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

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

Wild Deed is a...

• recorded deed
• unconnected to the chain of title

Notice Statute is...

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

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

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

Equitable Conversion is the...

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

Land Sale Contract must contain...

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

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

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

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

• lawfully executed
• delivered

Race Statute is the...

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

Race Notice Statute is the...

• first subsequent bona fide purchaser
• record prevails

Estoppel by Deed is...

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

Purchase Money Mortgage is a...

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

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

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

Termination of an agency relationship...

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

• implied authority
• express authority

Agent Rights afforded to the principal are...

• obedience
• loyalty
• care

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

• consent
• acting on behalf of the Principal
• control

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

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

Principal Rights afforded to the agent are...

• compensation
• reimbursement
• cooperation

Ratification occurs when...

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

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

• behalf of the Principal
• outside the scope of employment

Apparent Authority occurs when...

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

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

Contract Liability extends to all partners for...

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

General Partnerships are an association of...

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

Partnership Property consists of...

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

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

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

Dissolution is the...

• termination of the partnership

Proving a Partnership exists consists of...

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

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

• carrying out the partnership business
• associated

Partnership Books are freely available for partners to...

• inspect
• copy partnership information

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

• care
• loyalty

Limited Liability Partnership is created by...

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

Profits and Losses of the partnership are...

• transferable
• shared equally upon each partner

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...

• personal
• jointly and several liability for all partnership obligations

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

• directors
• officers for their actions or debts
• shareholders

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

• corporation’s officer
• director
• corporation

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

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

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

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

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

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

• shareholder suit
• state action
• corporation suit

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

• shareholder votes favored the merger
• board vote

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

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

• officers
• directors

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

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

Funding for corporations derive from...

• combination of debt and stocks
• stocks
• debt

Conflict of Interest is a...

• transaction
• personal interest
• corporation

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

• board of directors
• incorporators

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

Liability of the Promoter consists of...

• personally liability
• all contracts formed prior to corporation formation

Corporation is a...

• legal entity
• separate from its owners

Derivative suits are a...

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

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

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

Stocks reflect the investment in the corporation by...

• who become part owners of the corporation
• shareholders

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

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

Proxies are...

• vote
• in writing
• shareholders ability

Quorum is the...

• majority of shares
• present
• eligible to vote

Debt is when a corporation...

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

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

• care
• loyalty to each manager and the LLC

Limited Liability Company is created when...

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

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

• care
• loyalty to each member and the LLC

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

• managers of the LLC
• members

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...

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

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

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

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

• full and fair disclosure
• in writing
• voluntary

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

• solemnized
• license is obtained by the state

State of Mind required for marriage is...

• intent
• capacity

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

• consanguinity
• age
• incapacity
• bigamy or polygamy

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

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

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

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

Community Property is property...

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

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

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

Comingled property is...

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

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

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

Modification of support must show...

• unanticipated change of circumstances
• substantial
• material

Child Support is the duty of...

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

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

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

Adoption requires the...

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

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

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

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

• intent
• delivery
• acceptance

Revival is the act of...

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

Attestation Clause is a clause...

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

Disclaimer is the act of...

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

Ademption is the gift of...

• no longer available in the estate
• specific property

Advancements are a...

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

Fraud occurs when the testator was...

• intentionally deceived
• testator relied upon those misrepresentations

Intestate Succession is the...

• decedent
• distribution of property
• without a will

Slayer Statute is one who...

• forfeits the decedents estate
• kills their spouse

Holographic Wills are handwritten wills that must...

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

Abatement is when the estates value is...

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

Trust is a fiduciary relationship in which...

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

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

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

Contesting a will requires an...

• pecuniary interest in the beneficiaries
• individual

Undue Influence occurs when...

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

Testamentary Intent is the...

• intent
• individual that this is their will

Pretermitted Children are...

• adopted after the will was executed
• children born

Codicils are...

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

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...

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

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

Trustees Duties consist of a duty to...

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

Resulting Trust is a...

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

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

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

Trust requires the settlor to have...

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

Constructive Trust is an...

• equitable remedy
• rectify unjust enrichment

Adopted Children are treated...

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

Fixture Filing is a financing statement filed...

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

Attachment allows the...

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

Security Agreement shall contain...

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

Priority is where the...

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

Collateral is property that is subject to...

• security interest
• agricultural lien

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

• cars excluding inventory
• goods that are subject to title

Accessions are goods that are...

• physically united with
• other goods

Security Interests can be created by...

• control
• possession
• security agreement

UCC Financing Statement is a...

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

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...

• personal property
• fixtures

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

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

Perfection is...

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

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...

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