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TRADEMARK LAW I. WHAT IS A TRADEMARK? A. Dominant Framework 1. Trademark: word or symbol designation which identifies the source of the goods or services a. Source: production (manufacturer), commercial (design, IP),

Trusts & Wills Outline I. Introduction a. Definitions i. Right of alienation 1. The right to pass on property when you die ii. Right of testation 1. The right to decide who

Torts 2 – Fischer – Fall 2009 Outline INVASION OF PRIVACY 3 prong test Legally protected privacy interest Autonomy – my stuff – political views, sexuality, fears Informational – what is on

TORTS Professor D. Selmi Loyola Law School, Fall 2013 I. INTRODUCTION – A tort is a civil wrong – Tort law is a mechanism for shifting loss from one party to another

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 Tort – A civil wrong for which the law provides a remedy I – Liability Based on Fault. There are 3 theories of culpability: Intentional Negligent Strictly Liable II – Intentional

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

Intentional Torts Intent Cases Garrett v. Dailey (page 16, 08/19/11) INTENT IS NECESSARY for intentional torts Tender years doctrine (for negligence) – very young children cannot fail to exercise reasonable care because

INTENTIONAL TORTS Intent – to act with the desire to produce the legally forbidden concept or purpose Substantial certainty – acting knowing the consequence is substantially certain to occur Transferred Intent –

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

California Civil Procedure Outline Subject Matter Jurisdiction SMJ = the types of cases California can hear. California has broad subject matter jurisdiction to hear any case where IPJ exists so long as

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.

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.

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: