Exam 1

Question 1

How does the law classify the following objects:

• a garage
• a concrete foundation
• a house
• the land
• the lumber, drywall and shingles in sacks when delivered
• the lumber, drywall and shingles in finished product
• the lumber, drywall and shingles after tornado destruction
• GM stock certificate
• Stock certificate of company that does not exist anymore and is collectors item

Answer 1

• real
• real
• real
• real
• personal tangible
• real
• personal tangible
• personal intangible
• personal tangible

Question 2

Three elements to consider if item is a fixture

Answer 2

1. How attached is the item in question?
2. Effect of removal on:
   a. the item itself
   b. the surrounding real property
3. Closeness/relatedness of use between item and real property

Question 3

Personal Property

Answer 3

• Moveable
• Can be tangible or intangible
• Everything that isn’t real property

Question 4

Real Property

Answer 4

• Permanent/Immovable (Tangible)
• Land and anything firmly attached to it
• Fixtures

Question 5

Tangible Property

Answer 5

-has a physical existence (can be seen, felt and touched)

Question 6

Intangible Property

Answer 6

-Ideas, Accounts Receivable, other items of economic value but without physical existence (songs, stories, lectures & stock)

Question 7

Is property stuck in its original classification?

Answer 7

No, it can move through any classification

Question 8

How should you view property?

Answer 8

As a bundle of rights

Question 9

• What is Eminent Domain?
• What qualifications need to be met to take the property?
• Is Eminent Domain the same in every state?

Answer 9

• a floating community right hovering above property that may be used if community needs private property for public use and government is willing to pay for it
• Public Purpose & Public Necessity
• No, it varies from state to state

Question 10

-Property Right Components and Question To Satisfy With Them

Answer 10

• 1. Property Rights Component: Do you have legal ownership of the item in question
• 2. Regulatory Component: Is there anything else effecting the ownership of the item in question

Question 11

Easement

Answer 11

Allowing someone the right to cross over your land subject to the original terms

Question 12

• Bailment

- Two persons involved and what they are

Answer 12

• Legally borrowing something

- Bailor (lender) and Bailee (receives the loan)

Question 13

System to answer essay questions

Answer 13

IRAC Method
I: State the Issue
R:  State the Legal Rule
A: Apply the Rule
C: Conclusion in Probabilities with no Absolutes

Question 14

Supremacy Clause

Answer 14

Federal laws take precedence to State laws and even State Constitutions

Question 15

Complaint

Answer 15

Pleading asking court for some type of relief, states nature of claims P has against D

Question 16

Answer

Answer 16

Response to the complaint, D states response to each individual allegation

Question 17

Summons

Answer 17

Tells the D to come to court

Question 18

Discovery

Answer 18

eliminates surprise at trial, must turn over everything that is not privileged, tells what is going on in the case, encourages settlement

Question 19

Deposition

Answer 19

discovery tool when interrogations are conducted under oath (can be used to impeach a witness, or file that they committed a false claim if they change their story, semi-replaces testimony)

Question 20

Interrogatories

Answer 20

discovery tool where submissions of written questions are to be answered under oath

Question 21

Dilatory Tatics

Answer 21

discovery tool where delays and continuances are used to make the case more expensive/get rid of the other party

Question 22

Settlement

Answer 22

an alternative dispute resolution used after you have already filed a complaint (case on docket) and parties come to agreement without trial

Question 23

Arbitration

Answer 23

an alternative dispute resolution where third party helps settle dispute that is a binding contract

Question 24

Mediation

Answer 24

an alternative dispute resolution that is usually voluntary, but can sometimes be court ordered. makes decisions somewhat an agreement rather than a ruling. can make contract afterwards if necessary. focuses on parties needs and is not binding without a contract

Question 25

Methods of Statutory Interpretation

Answer 25

1. Plain Meaning (dictionary definitions) 2. Legislative History (look at what was the intent/purpose of the passing the law when the law was still a bill) 3. Spirit of the Law (why was statute passed and what was purpose, does not have to be in the history)

Question 26

Who does constitution give power to

Answer 26

federal government

Question 27

Legislative Branch

Answer 27

1. Congress- Creates federal statutes | 2. State Legislature- Creates state statutes

Question 28

Executive Branch

Answer 28

1. Federal- President and All Federal Law Enforcement (Enforces federal laws) 2. State- Governor and All State Law Enforcement (Enforces State Laws)

Question 29

Judicial Branch

Answer 29

1. Federal- US Supreme Court and All Federal Courts (Interprets Laws) 2. State- State High Court and All State Courts (Interprets laws)

Question 30

Ways to Change the Constitution

Answer 30

``` Amendments (rare) Judicial Decision (precedent/stare decisis or use of past to interpret how to rule in current case) ```

Question 31

Eras of the Constitution and Their Time Periods

Answer 31

1. Pre-Civil War Era 2. Civil War until Great Depression 3. Great Depression until 1990s 4. Current

Question 32

Era 1 a) Time period b) Theme c) Description

Answer 32

- Pre-Civil War - Decentralization - Tired of king, more power to state govts., no abuse of power

Question 33

Era 2 a) Time period b) Theme c) Description

Answer 33

- Civil War until Great Depression - Categorization of Powers - Federal govt has power but it is categorized into spheres 1) States the Federal Govt Powers (Commerce Clause) 2) States the State Govt Powers (Health and Safety) 3) States the Individual Powers (Liberty of Contract)

Question 34

Era 3 a) Time period b) Theme c) Description

Answer 34

- Great Depression until 1990s - Rise of the Positive State - National Problem (great depression) needed dealt with and it was effecting everything, federal govt had to do something, the needed more power, they became a protector of individual rights versus when we took away that power from the king who abused it

Question 35

Era 4 a) Time period b) Theme c) Description

Answer 35

- Current - Neo-Decentralization - Starting to go back to more state govt rights/power, less power in federal govt, fed govt allowing boundaries to be placed on commerce clause

Question 36

Civil War Amendments

Answer 36

13, 14 and 15 | Created in Era 2

Question 37

Commerce Clause

Answer 37

1. ) limits state ability to erect trade barriers | 2. ) provides constitutional basis from which federal govt (congress) enacts regulations on businesses