Term
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Definition
ABET
Age
Bounty Natural
Extent of his Estate
Nature of his Testamentary Act |
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Term
Wills - Undue Influence
SOPU |
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Definition
SOPU
Susceptible
Opportunity
Participation in Drafting
Unnatural result |
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Term
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Definition
PARTI
Purpose
Ascertainable Beneficiaries
Res
Trustee
Intent |
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Term
Wills - To be valid a will must be
SWEPT |
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Definition
SWEPT
S-Signed
W-in Writing
E-signature must be at End
P-Published that it is a will
T-Two witnesses who do not have to be adults must sign within 30 days of eachother |
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Term
| A wills validity can be contested based on TIE |
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Definition
T-lack of T's testamentary capacity
I-undue Influence
E-improper Execution (defectively SWEPT)
S-signed by an adult testator-or with someones help
W-in Writing
E-signature must be at End
P-Published that it is a will
T-Two witnesses who do not have to be adults must sign within 30 days of each other |
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Term
Rule Against Perpetuaties
Interests that are subject to the Rule
CEO, President, Vice President of the Company |
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Definition
C Contingent remainders
E Executory interest
O Option to purchase land not incident to lease
P Power of appointment
V Vested remainder subject to open
P Power of first refusal
C Class gift |
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Term
How to attack a validity of a will
Cooking Is Fun Unless I Make (D-I-C-E-P's) |
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Definition
Capacity
Insane Delusion
Fraud-execution-inducement-preventing
Undue Influence
Mistake
-Description
-Inducement
-Content
-Execution
-Dependent Relative Revocation
-Pretermission |
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Term
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Definition
Due care
Accounting
Delegate
Loyalty
Invest
Earmark
Segregate |
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Term
Torts ESSAY=
SIC VINDI SPN |
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Definition
Survivors Act
Intent
Causation
Vicarious Liability
Intentional torts
Negligence
Defamation
Strict Liability
Products Liability
Nuisance
Invasion of Privacy |
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Term
Intentional Torts:
FIT CAB |
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Definition
False Imprisonment
Intentional Infliction of Emotional Distress
Trespass
Chattels trespass-conversion
Assault
Battery |
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Term
Interference with Contract-
EKI ID |
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Definition
Existence of valid K
Knowledge
Intentional Interference
Induce Breach
Damages |
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Term
Defamation:
LCPD (lapd) DUMB |
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Definition
Language
Concerning Publication
Damages
Disease Loathsome
Unchastity
Moral turpitude crime
Business-profession-reputation |
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Term
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Definition
False Light
Intrusion
Disclosure
Appropriation |
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Term
Abnormally Dangerous Activity
SURP |
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Definition
Serious risk of harm
Uncommon in area
cannot be Performed without Risk |
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Term
Products liability Essay
SNEM |
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Definition
Strict Liability
Negligence
Express Warranty
Misrepresentation |
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Term
Misrepresentation:
MM SIR P |
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Definition
Misrepresentation
past/present Material Facts
Scienter-intent-recklessness
Intent to induce
Reasonable justifiable reliance
Pecuniary damages |
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Term
Attractive Nuisance-
KiD's Car |
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Definition
Knows or should know
Dangerous condition
Children frequent
due to Age will not appreciate the danger
Remedy costs lesser than the risk |
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Term
Malicious Prosecution
IP PMT |
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Definition
Initiating of civil-crim proceedings
without Probable cause
with Malice
Termination in P's favor |
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Term
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Definition
Used legal system wrong
w/Malice
to Accomplished ulterior motives
No matter who wins |
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Term
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Definition
Type of accident does not occur w/o neg.
Instrumentality in D's control
P is not contributory neg. |
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Term
Intentional Torts:
Big Al Is Forever Trying to Cheat |
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Definition
Battery
Assault
Intentional Infliction ED
False Imprisonment
Trespass to land
Trespass to Chattel
Conversion |
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Term
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Definition
Causation
Act
Harmful -offensive contact
Intent
Lack of consent or privilege |
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Term
Assault- Call Al and Instigate lengthy Investigation
CAAILI |
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Definition
Causation
Act
Apprehension
Intent
Lack of consent-privilege
Imminent |
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Term
Intentional Infliction of Emotional Distress
DICE |
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Definition
Damages
Intent
Causation
Extreme conduct |
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Term
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Definition
The intentional exercise of wrongful dominion over the property of another without consent and privilege.
Dominion
Intent
Posession |
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Term
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Definition
| Defendant may be liable to plaintiff for negligence if it can be determined that defendant owed a duty of care to plaintiff, that defendant breached that duty of care and that defendant suffered damages that were actually and proximately caused by defendant's breach. |
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Term
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Definition
Profession and business-adverse remarks
Loathsome disease
Unchastity of an unmarried woman
Moral turpitude crime |
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Term
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Definition
Breach is a persons failure to conform to the reasonable person standard of care, in a way that creates an unreasonable risk of harm to others
Once the standard of care has been established need to determine if the defendant breached that standard
Burden is on D to avoid risk and the utility of D's conduct is balanced against the probability and probable gravity of the harm D's conduct is likely to cause |
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Term
Invasion of Right to Privacy
CLIP |
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Definition
Commercial advantage-pic or name
Light- false
Intrusion on persons affair or seclusion
Public disclosure of private facts |
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Term
Ordinarily no one owes anyone a duty unless:
SCRAP |
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Definition
Statutory
Contract
Relationship-like child-spouse
Assumption of duty
Peril-if one causes it |
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Term
Defenses to Slander
Absolute
Judy truly consents to executing domestic legislation |
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Definition
Judicial Proceedings
Truth
Consent
Executive proceedings
Domestic-husband and wife
Legislative proceedings |
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Term
Defenses to Slander
Qualified
COPS |
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Definition
Common interest
Others, interest of
Public, interest of
Self, interest of |
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Term
Per se defamation
Sluts, Studs, Mercs, Turp |
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Definition
Slut-unchaste women
Studs-STD's loathsome disease
Merc-of or concerning merchant and businesss
Turp-moral Turpitude |
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Term
Ultrahazzardous Activities
USC |
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Definition
Uncommon in area
Severe risk of harm
Cannot be made safe |
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Term
Products liability theories:
ME SIN |
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Definition
Misrepresentation
Express warranty breach
Strict products liability
Implied warranty breach
Negligence |
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Term
Invasion of privacy theories
Aim In Dannys Face
AIDF |
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Definition
Appropriation
Intrusion
Disclosure
False Light |
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Term
Attractive Nuisance elements
Dangerous Children are Likely to be Expensive |
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Definition
Dangerous
Children are around
Liklihood that condition will cause injury
Expense balanced to risk |
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Term
Constitutional Protections:
TRESPASS |
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Definition
Takings
Religion
Equal Protection
State action
Procedural Due Process
Association
Speech
Substantive due process |
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Term
Permanant injunction (tort)
I Put Five Bucks Down
IPFBD |
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Definition
Inadequate legal remedy
Property interest(modern-protect right)
Feasibility of enforcement
Balancing of Hardships
Defenses not available |
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Term
Intentional torts=
Angry Boys Fall Into Tense Tight CIrcumstances |
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Definition
Assault
Battery
False Imprisonment
Intentional Infliction of Emo Dis.
Trespass to land
Trespass to chattels
Conversion |
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Term
Duties to persons coming onto the land-
O-CIRCLED |
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Definition
Ordinary trespassers
CTULAs
Invitees
Recreational Land users
Child Trespassers
Licensees
Entrants -public
Discovered trespassors |
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Term
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Definition
Promises
Occupiers of land
Lessors of land
Emotional Distress
Common Carrier
Aid to others
Third Persons
Statute |
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Term
Con Law - Enumerated Powers of Government
CREATES DICE |
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Definition
Civil Rights
Elections - Congressional
Admiralty
Taxation
Eminent domain
Spending/taxing for general welfare
Defense
Interstate commerce
Citizenship
External (foreign Affairs) |
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Term
Test to see if state statute is pre-empted by Federal law if it is not made explicit
PUSH |
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Definition
Check for
Pervasiveness of Regulation
Uniformity of Regulation Desired
Similarity of Regulation
History of how that area has been regulated |
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Term
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Definition
Purpose secular
Inhibit nor advance
Entanglement Excessive |
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Term
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Definition
Pervasiveness of Regulation
Uniformity of Regulation Desired
Similarity of Regulation
History of how that area has been regulated |
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Term
| Scope of Judicial Fed. Powers: Art. III, sec 2 limits jurisdiction of fed. courts to cases/controversies (A-CUT-CLASS) |
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Definition
A- Ambassadors, public ministers, consuls
C- Constitution
U- U.S. shall be a party
T- Treaties
C-Citizens of different stgates (diversity)
L-Laws of U.S.
A-Admiralty
S-Stats between 2 or more
S-States and citizens of other state |
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Term
Requirements for standing
to have your case heard, remember to be "Respectful in Court" |
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Definition
R-redressability
I-injury
C-causation |
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Term
1st Amend Prior Restraints:
NeeD RED Pretty DVF. SIP. |
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Definition
| Court order must be: Narrowly Drawn, REasonable and Definite in scope; Prompt Determination Validity (and final) Seek Injunction Promptly |
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Term
The very limited federal police powers
MILD |
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Definition
Military
Indian
Lands (Federal)
DC |
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