Term
Issue of Property
Community Property Rule |
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Definition
| Married persons are presumed to have an equal interest in property acquired by their marital community; should the marital community end, a court will attempt to convey one half of the value of such community property to each person. |
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Term
Issue of Property
Statute of Frauds, Part 1 |
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Definition
| All transfers of interest in real property must be by written deed or are void. |
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Term
Issue of Property
Race-Notice Rule |
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Definition
| The “first in time” to publicly record an interest in property will be the “first to take” value in subsequent claims against it. |
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Term
Issue of Property
Adverse Possession Rule |
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Definition
| Person other than the owner of real property may take title to the property provided they occupy the property for not less than 10 years in a manner that is hostile to the original owner’s interests. |
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Term
Issue of Property
Testamentary Transfer Rule |
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Definition
| Upon its owner’s death, property is transferred according to the terms of the owner’s written will; if there is no will, property is transferred by statute in order of precedence to spouse, children, parents, siblings and then to more distant relatives. |
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Term
Issue of Intentional Torts
Battery |
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Definition
| Harmful or offensive contact. |
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Term
Issue of Intentional Torts
Assault |
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Definition
| Reasonable fear of harmful or offensive contact. |
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Term
Issue of Intentional Torts
Trespass |
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Definition
| Interference with the use or enjoyment of another’s property. |
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Term
Issue of Intentional Torts
Defamation |
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Definition
| A published or publicly spoken false statement that causes harm to another’s reputation or character. |
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Term
Issue of Negligence
Negligence |
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Definition
| The breach of a duty that causes harm. |
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Term
Issue of Negligence
Automobile Driver’s Duty |
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Definition
| Automobile drivers have a duty to obey the statutory “rules of the road.” |
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Term
Issue of Negligence
Business Owner’s Duty |
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Definition
| Business owners have a duty to make reasonable inspections of areas open to the public and correct any hazardous situations discovered. |
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Term
Issue of Negligence
Duty to Trespassers |
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Definition
| A landowner has NO duty to adult trespassers; however, a landowner must take reasonable steps to correct hazardous situations on the land that are “attractive to children of tender years.” |
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Term
Issue of Contracts
Statute of Frauds, Part 2 |
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Definition
| A contract for services not to be completed in under 1 year must be in writing and signed by the party to be bound or is void. |
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Term
Issue of Contracts
Statute of Frauds, Part 3 |
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Definition
| A contract for the future delivery of goods valued at $500 or more must be in writing and signed by the party to be bound or is void. |
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Term
Issue of Contracts
Merchant Memorandum Rule |
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Definition
| As between merchants, oral agreements for future delivery of goods in excess of $500 value are valid without a formal contract provided the terms of the sale are memorialized in a writing (such as a memorandum or bill of sale) prepared and transmitted by at least one of the parties within a reasonable time following the oral agreement. |
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Term
Issue of Contracts
Mitigation of Damages |
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Definition
| A party injured by the conduct of another must take reasonable steps to prevent further damage or the injuring party shall not be held liable to the extent damage could have been limited. |
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Term
Issue of Agency Law
Respondeat Superior |
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Definition
| A principal is liable for a contract formed or a tort committed by an agent acting within the scope of the agency. |
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