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PROPERTY KEYED TO DUKEMINIER-7th Edition FUNDAMENTALS Property rights: are instruments of society; they convey the right to benefit or harm oneself or others and they specify how persons may be benefited or harmed.

Property Outline Introduction: The First Possession Rule Property Policies Behavior Prevention Certainty Preservation of Peace Behavior Facilitation Reward Labor (Locke) Pro-Market Acquisition by Discovery Discovery acquires title (legal claim) over land –

ESTATES GENERALLY Estate – an interest in property that is OR may become possessory A life estate IS an estate b/c it is possessory à present possessory estate (“PPE”) A reversion IS an estate b/c it may become possessory (NOT possessory at the moment, BUT right to possess in future) à future

Adverse Possession Is born from the statute of limitations applicable to ejectment which limits the time period in which the true owner may sue to recover the possession of the real property.

General Things to Remember Always ask yourself, at what stage of the proceedings am I in?  What kind of case is it?  What is the issue?  What is the evidence coming in

Introduction Evidence concerns the process of the trial – it starts where criminal and civil procedure stops Rule 102 – These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of

Patent Law Outline Fall 2013 Professor Gruner 3 main issues: What can you get a patent for? How do you get a patent? What has to be in it? So what? Challenges

Nonprofit Corporate Law, Governance and Management Outline Ellen Aprill, Fall 2009 I.  Introductory materials A. Some important distinctions Tax-exempt vs. nonprofit Nonprofit refers to state corporate law Tax-exempt usu refers to federal

Employment Law v. Labor Law  Employment Law  The basic pattern of law which deals with employment issues/the employment relationship: worker safety (OSHA), minimum wage, age/race/creed discrimination, FamilyMedical LeaveAct, pension regulation. Labor Law The

FAMILY LAW OUTLINE I. Relationships between Unmarried Parties a. Agreements i. There are 4 different AGREEMENTS that deal with Unmarried Parties 1. Promise to Marry a. Early part of the century, there

CRIMINAL PROCEDURE Big Five: Mapp, Katz, Miranda, Terry, & Gideon Powell v. Alabama (1932) – is the first modern criminal procedure Takeaway: right to counsel is absolute; seen as a restraint on federal government. Previously, the S.Ct. had

The Protections of and Rationale for the 4th Amendment Brinegar v. U.S. Police just have to have probable cause, factual error doesn’t make it an invalid search dissent—if we assume child kidnapped and

NY Criminal Law Overview/General Principles Criminal law tries to identify 3 questions What actions will society/we prohibit? What actions will society/we condemn? What actions will society/we punish with a penal sanction? Sources

 INTRODUCTION TO CRIMINAL LAW Introduction What is a crime? An act or omission and its accompanying state of mind, which, if shown to have taken place, will incur a formal and solemn

ACTUS REUS AND MENS REA GENERAL Four elements: All crimes have several basic common elements: (1) a voluntary act (“actus reus”); (2) a culpable intent (“mens rea”); (3) “concurrence” between the mens

BLAME Regina v. Dudley Facts: Two stranded sailors killed and feaster upon a third, weaker sailor. Rule: The only justification this court found for murder was self defense, other than that a person should

Introduction Contract: a promise or set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty

First Amendment Why is freedom of speech protected Serves a self-government functionbc ppl cannot participate in gov effectively, knowledgeable and meaningfully unless then can speak freely Market place of ideas akin to the

D – 212-243 E – 274- 354 F – 365- 379, 379-384 G – 464-498, Skim 497-551 B/c of pub date of book, doesn’t include most recent US Supr Ct decision: STENBERG

Federal Judicial Power Source and Scope Article III, §1 provides that the federal judicial power “shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from