Search Results for: Race – Page 3

Torts Outline INTENTIONAL TORTS Elements of Intent The test meets one of two elements: Acting with a purpose Acting with substantial certainty that a wrong will occur. It cannot be based on

Torts = area of the law that deals with claims for legal relief (almost always monetary compensation) Civil case, not an issue of G or NG, involves liability (what is owed to

CHAPTER 1: CREDITOR’S REMEDIES UNDER STATE LAW ASSIGNMENT 1: REMEDIES OF UNSECURED CREDITORS UNDER STATE LAW Who Is an Unsecured Creditor? Creditor: Anyone owed a legal obligation that can be reduced to

Property Outline Title Assurance- developed to assure purchasers of land they have good title. Where common law could be confusing and cause problems with granting land.  Sometimes the records are not perfect,

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.

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.

REMEDIES Outline Analysis for Exam: Determine cause of actions based on types of remedies desired Ex: If a tort is committed against you, you may seek damages, restitution, or an injunction Ex:

Overview Declaratory remedy: gives п a declaration of rights without providing the basis for transferring anything of value Most common: declaratory judgment, which performs much like an injunction without coercion Money damages:

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

Exclusionary Rule 1) Evidence 2) collected or analyzed 3) in violation of the defendant’s constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law 4) in order to deter future 4th Amendment violation. – Good-Faith Exception: “When the police act with

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

Searches and Seizures A.  Chapter 1: The “Threshold” of the Fourth Amendment Right to be Secure Against Searches Threshold questions to consider a. Was there a state actor? (police officer) b.  Was there

 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