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1st Year Classes
anonymous 10/23/2007 | 0 (0) | 3711 | 0 | 0 | English
Pierson v. Post; Acquisition by Capture
p. 19; SP of NY 1805
Facts: Post was pursuing a fox with his hunting dogs on a public beach (wasteland). D knew P was pursuing the fox but went ahead and killed it and carried it off.
Result below: Judgment overturned and final verdict for D.
General Rules: Property of animals "ferae naturae" is ac ... more>>
hbake1021 11/5/2007 | 0 (0) | 567 | 28 | 0 | English
Spring 2006-McDonald contracts outline ... more>>
anonymous 10/23/2007 | 0 (0) | 494 | 23 | 0 | English
Criminal Law (After Mid-Term)
Defense - All the elements of the crime have been met, but the defendant offers another reason why his actions should be justified/excused.
Self Defense
Law of Necessity is paramount - The only grounds for a self-defense claim is that there was necessity for such action. Elements are:
Unlawful and immediate th ... more>>
anonymous 10/23/2007 | 0 (0) | 476 | 5 | 0 | English
CALIFORNIA RULES OF COURT
Rule 201. Form of papers presented for filing
(a) [Definitions] As used in this rule:
(1) "Papers" includes all documents, except exhibits or copies of documents, that are offered for filing in any case ; but it does not include Judicial Council and local court forms , records on appeal in limited civil cases, or brief ... more>>
ChrisGaspard 11/6/2007 | 0 (0) | 475 | 27 | 0 | English
This is an outline I prepared for Professor Jim Gash's Spring 2006 Torts II Class at Pepperdine University School of Law. It's a first draft so there might be a few minor mistakes, but I did well in that class so it worked. Good luck! ... more>>
anonymous 10/23/2007 | 0 (0) | 463 | 13 | 0 | English
Criminal Law, Levine, Class 1
Moral Condemnation - Something bad within the criminal. Civil crime is without judgment. We make you pay but we will not call you a bad person.
Against Society - People/State/U.S. v D rather than P v D.
Punishment - Only when one is convicted of a crime do they lose liberty (jail).
Procedural differences ... more>>
anonymous 10/23/2007 | 0 (0) | 422 | 21 | 0 | English
Act + Mens Rea + Attendant Circumstances + Causation = Crime
I. An Act: Must be voluntary
A. Without the consent of will, human actions are not culpable, except if induced by alcohol or drugs
B. Omissions: Duty to act applies only in certain relationships
1. Statute imposes duty
2. Certain status relationship to another (i.e. maste ... more>>
anonymous 10/23/2007 | 1 (1) | 331 | 11 | 0 | English
TO: D.C. Nelson, Partner
FROM: Exam #3936; Section B
DATE: November 17, 2003
RE: Garcia v. FBOC, case no. 4839
I. Issue
For the purpose of establishing an implied employment contract under California law, did "the totality of circumstances," including repeated assurances of job security and eight years of dedicated service, give rise to ... more>>
hbake1021 11/5/2007 | 0 (0) | 330 | 27 | 0 | English
Spring 2006 Miller Torts outline ... more>>
anonymous 10/23/2007 | 0 (0) | 328 | 19 | 0 | English
Do we have a valid K?
Promissory Estoppel
SOF
Does it fall w/in SOF? (1 year provision)
If Yes, does it comply?
Does not comply (memorandum) ( no enforceable K.
Does comply ( go to what are terms of K?
No and does not need to be in writing ( go to terms of K?
Is the K void or voidable?
Age
Mental Capacity
Undue Influence
Duress
Fraud ... more>>
mrdildine 8/21/2007 | 0 (0) | 327 | 33 | 0 | English
Alford Contracts Outline ... more>>
anonymous 10/23/2007 | 0 (0) | 319 | 7 | 0 | English
Texaco v. Pennzoil
p.39 1987
Facts: Pennzoil is suing Texaco for tortuous interference with a contract. Pennzoil claims to have a contract to buy Getty Oil. Texaco then came in and purchased Getty Oil. The trial is a tort trial but we are concerned on the concept that Pennzoil and Getty may or may not have a contract.
Proc: Pennzoil initi ... more>>
anonymous 8/29/2007 | 0 (0) | 309 | 10 | 0 | English
Adverse Possession
E-Exclusive Entry: Clock starts on AP when owner has notice of trespass.
After SOL passes, AP gets title from date of original trespass.
C-Continuous: usage as ordinarily marks conduct of owners in holding, managing, and caring for property of like nature.
? Interruption:
If adverse possessor abandons property or tr ... more>>
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>>
anonymous 10/23/2007 | 0 (0) | 296 | 15 | 0 | English
REAL PROPERTY
The Law of Servitudes
License
A license is a non-possessory right to enter the land and in a way that would otherwise constitute a trespass, revocable at any point.
A license grants the same type of permission as an easement, but it lacks the security and longevity of an easement. A license can be revoked at any time, expressly ... more>>
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