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1st Year Classes
anonymous 10/23/2007 | 0 (0) | 307 | 7 | 2 | English
ANALYSIS
Is there a valid contract of sale? (Statute of Frauds) If not then look at Part Performance or Promissory Estoppel.
What is the Quality of title contracted for?
Can the seller deliver the quality of title contracted for?
Are there any defects in the title? (Check the chain of title and walk the land)
How do these defects affect tit ... more>>
LoyolaLaw 2/15/2008 | 7 (2) | 246 | 18 | 1 | English
1 Civil Procedure Outline -Willis 2005 For a valid judgment, court needs: 1) notice, 2) SMJ, and 3) PJ ***Valid Notice and Opportunity to be Heard*** 1. To determine what process is due (what kind of notice, opportunity to be heard, right to an attorney) before gov't deprives life, liberty, or property apply Mathews Test, Weigh: Private interest th ... more>>
anonymous 10/23/2007 | 10 (1) | 225 | 9 | 1 | English
Products LiabilityStrict Liability, Negligence, WarrantyManufacture, Design, WarningStrict Liability.Defective and unreasonably dangerous seem to be present here.So, too, does the policy of not requiring the P to figure out where the problem was.What is the product? Poison, yes. Can, yes. But really the whole packaged product, like the car manufact ... more>>
anonymous 10/23/2007 | 0 (0) | 163 | 11 | 1 | English
DEFAMATION
Interest to be protected: Reputation of plaintiff
Countervailing interest: First Amendment free speech and press
Elements of a cause of action:
I. Defamatory words
A. Originally communication that holds P up to hatred, contempt or ridicule or causes P to be shunned or avoided.
B. Now broader test: diminish respect, good ... more>>
corenneparks 5/6/2008 | 0 (0) | 37 | 0 | 0 | English
Property Outline First Principles/Building Blocks ................................................................................................................... 2 II. Capture- first to capture (deprive liberty) or mortally wound (wild animals)................................... 2 III. Intellectual Property - Invention, Imitation, Misappropriat ... more>>
corenneparks 5/6/2008 | 0 (0) | 32 | 4 | 0 | English
Contents
Basics of the US Constitution .................................................................................................................................................................... 4 Supremacy Clause ............................................................................................................................... ... more>>
kristinlis 5/3/2008 | 0 (0) | 47 | 0 | 0 | English
KRISTIN’S TORTS OUTLINE-2006
Steps in negligence case: 1. DUTY 2. BREACH 3. CAUSATION “BUT-FOR” First figure out if there is cause in fact (factual causation) PROXIMATE - then you can also see if there is proximate causation (foreseeablility- was the negligence the type of negligence toward the type of victim that might be expected?) 4. DAMAGES
DU ... more>>
zherbert 4/29/2008 | 0 (0) | 65 | 4 | 0 | English
Property II – Saxer – Spring 2007 Selling/Donating a Home List with Real Estate Broker Offer/Acceptance – sales contract Buyer‘s loan app and deposit (earnest money down payment deposit) Investigation of title o Direct Title search – by an attorney o Abstract examination – already pulled pieces of the record and eventually certifying it o T ... more>>
zherbert 4/29/2008 | 0 (0) | 53 | 6 | 0 | English
Torts – Cochran – Spring 2007 STRICT LIABILITY – applied in cases where negligence wouldn’t work – i.e. even if these accidents were guarded against, these damages would still occur Animal Liability – o Barnyard animals 4 rules (1) CL – strict liability (landowner oriented) (2) “Open Range” – liability must be based on some fault of animal ... more>>
zherbert 4/29/2008 | 0 (0) | 65 | 10 | 0 | English
Criminal Procedure – McGoldrick – 2007 Basics IV Amendment – People have the right to be secure in their persons, houses, property, & effects against unreasonable searches & seizures. No warrants can be issued unless supported by probable cause, and supported by evidence given through oath or affirmation demonstrating the presence of probable cau ... more>>
zherbert 4/29/2008 | 0 (0) | 99 | 10 | 0 | English
Civil Procedure – Ogden – Spring 2007 RES JUDICATA Claim Preclusion; Issue Preclusion – Applies notwithstanding there is an appeal pending Claim Preclusion Elements: o Final Judgment (law suit number 1(look for two judgments)) Verdict and then goes for final judgment. Final judgment is entered on a jury verdict o Must be on the Merits (LS #1) ... more>>
zherbert 4/29/2008 | 0 (0) | 75 | 6 | 0 | English
Contracts II – Popovich – Spring 2007 PROMISSORY ESTOPPEL Overview: o Traditionally, a situation where consideration is lacking (particularly the bargained for element), but the court wants to find a K anyway. o Not used frequently (not doing away with consideration) – an equitable remedy o Hypo: A promises B $5K towards a vacation for her birt ... more>>
zherbert 4/18/2008 | 0 (0) | 141 | 9 | 0 | English
1 Property Outline Fall 2006 – Saxer Property is the relationship among people as to things. I. First Possession A. Acquisition by capture First possession = ownership or First in time 1) Rule of Capture: A person owns a wild animal (common resource) once it has been taken into possession by restricting its natural liberty and bringing it within th ... more>>
zherbert 4/18/2008 | 0 (0) | 114 | 9 | 0 | English
1 Torts Outline Fall 2006 – Cochran Purposes of Tort Law Provide a peaceful means for adjusting rights of parties Deter wrongful conduct Encourage socially acceptable behavior Restore injured parties to their original condition I. Intentional Torts to the Person and to Property A. The meaning of intent 1. Ways Plaintiff can establish intent ... more>>
zherbert 4/18/2008 | 0 (0) | 124 | 10 | 0 | English
1 Criminal Outline Fall 2006 – Goodman
1)
Enforcing the Presumption of Innocence Until the prosecution has proven guilt of the D, the presumption is that the D is innocent. Is there a sufficient legal argument to prove that the D is guilty? Owens v. State D was found unconscious behind the wheel of an automobile parked on a private driveway with ... more>>
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