Final review Flashcards

Question

Defeasible present fees

Answer 1

Potentionally last forever, termiante by occurence of event; alienable/defeasible/devisable * FS deterimable (so long as, while, during) * G has possibility of reverter * FS subject to condition subsequent (upon condition that, provided that, but if) * G has right to terminate, must specifically retain right to reeenter) * FS subject to exec interest - limited by specific durational/conditional language * automatically terminates upon event and title goes to 3P * Exec interest held by 3P

Answer 2

present posssessory estate trasnferable during measuring life (unless measured by grantee's life, then not devisable/descendible) * right to possess * right to rent/lease/sell/mortgage * duty to not commit waste

Answer 3

1. reversion 2. possiblity of reverter 3. right of reentry 4. remainder - 1) vested = no CPs, ascertainable grantee (unless class gift), 2) contingent - unascerteainable grantee, subject to express P 5. executory interests - shifting = estate shifts from one grantee to another upon condition occuring; sprining = divests G's interest or fills gap in possesion --\> reverts to G \* 4 and 5 can be transferred IV and devisiable/descendible

Answer 4

TIC (default in FL if estate going to 2+ people) * unity of possession * No ROS * each co-T hold undivided interest, rights to possess whole * D/D

Answer 5

* Need express language * alienable (but not D/D) * PITT (unities): equaly right to **possess** whole, w/ identical equal **interests**, created at same **time**, by same **title** Landowner can create one for himself and someone else in single deed but need specific langauge

Answer 6

* Need PITT * Married couple * can't alienate/encumber property w/o consent * transfer by 3P creates TE; can also create when title-holdingsposue conveys deed to either other spouses or both of them

Answer 7

* Right possess entire proprety, no rent required * Liable to other co-Ts for 3P rents * collect contribution for operating expenses * compel other co-Ts to share expenses for repairs if 1) necessary, 2) other co-T seeks accoutning/parition * no right to reimbursemt for improvements * duty of fair dealing wit hother co-Ts but not fiduciary duty TIC and JT can unliaterally partition - courts like partition in kind

Answer 8

* Pay rent (unless premises destroyed or material LL breach --\> T's enjoyment substantially impaired) * avoid waste * repair (see commerical leases)

Answer 9

* noncompliance for at least 7 days * failure to pay rent * resdiential T must pay w/i 3 days * Nonresidential - L can file action to recover possession, but if he accepts late rent then considered waiver

Answer 10

* deliver actual physical possession * repair * warranty of habitability (residential - must be fit for basic human habitiation; comply with applicabile cides, maintain essential of home) * Coveannt of quiet enjoyment

Answer 11

No interference from LL in T's enjoyment L's duty to control other tenatns' nuisance in commons areas Breach can equal eviction * actual eviction - lease terminated when LL excludes T from premises * partial - T must pay reasnoable rental avalue if partial evictio nby 3P with superior claim * constructive - substantial interfeernece caused by L's actions/failure to; T must vacate premises if gives notice and LL fail to fix * Retaliatory

Answer 12

Assignment -complete transfer of T's remaining lease term * Assignee liable to LL for rent/covenants due to privity of estate sublease - transfer for less thaen entire duration * not liable for rent/covenants to LL becuase no privity of estate or contrct with LL (unless assumes covenants) Original T liable for covenants due to privity of contract

Answer 13

1. uncertainty/dispute re: true boundary 2. location of boundary line btween parties 3. acquiescence in location for 7 years

Answer 14

G must intend to make prsent transfer of propret interest to grantee Intent can usually equal delivery Transfer to G's agent - not delivery; transfer to grantee's agent - delivery

Answer 15

1. identifies parties 2. G's signature 3. words of transfer 4. reasonably definition description of property (can look to extrinsic evidence) 5. 2 subscribing witnesses

Answer 16

present covenants: * seisen - G owns land as dsecribed * right to convey - has righ tto transfer title * against encumbrances - no undeclared Es against land future covenants: * quiet enjoyment - no 3P lawful claims outstanding, won't be disturbed once in possession * warrany - G will defend against 3p claim * further assurances - G will take reasonably necesaary action to pass title if title defect later appears

Answer 17

same as general warranty but only w/r/t defects arising during time G had title

Answer 18

No covenants of title

Answer 19

Affirmatively created in writing satisfying SOF, by grant or reservation

Answer 20

Necessity * person grants land w/ no accessible ROW * no other reasonable ingress * necessary for use and enojyment * unity of title Statutory way of necessity - rural land to be used by otherwise shut off by land, fencing, improvements. Owner should be compensated Implication * easement previously used on servient estate * was continous, apparent and reasonably necessary to demoninant estate * common ownership * existed at severance

Answer 21

GF, reasonable, detrimental reliance on permission by servient esetate holder, meant to prevent unjust enrichment no easements by oral promise - can create irrevocable license instead

Answer 22

LASS * Light * Air * Support * Stream water Must be expressly created in writing signed by G

Answer 23

1. Release (SOF) 2. merger - when 2 estates merge 3. Severance = attempt o convey easement app. separate from benefitted land 4. abandonment - affirmative act showing clear intent to abandon (mere statement is insufficient) 5. destruction/condemnation 6. express easement not recorded against BFP (unenforceable, not really terminated)

Answer 24

* privilege to enter another's land * freely reovcable unless estoppel * no SOF * invalid oral easements --\> irrevocable license

Answer 25

1. writing (SOF) 2. intent - explicit language or implied from TOC 3. touch/concern - benefit or burden affects promisee/promisor as owners of land 4. notice (burden only) 5. privity * horizonal (burden) - estate and covenant in same instruemnt * vertical (benefit) - mutaul/successive interest in land that's B/B'ed by covenant

Answer 26

1. in writing 2. intent for restrcition to be enforceable against successors 3. touch/concern (no prvity) 4. if enforced against purchaser, need notice

Answer 27

1. release 2. merger 3. abandoment 4. estoppel 5. condemnation

Answer 28

individually own units burdened by covenant to pay association providng services, enforcement (HOAs, cooperatives) Powers: levy assessments, manage/acquire/improve property adpot rules, enforce rules of governing docs

Answer 29

void regulations - no authority; aribitrary/irrational types: use, devleopment, special concerns existing non-conforming property: can be grandfathered in, can be transferred, can't be expanded post-ordinance non-conforming: can request special excpetio npermit or admin variance * need to show unnecessary unique hardship, not self-induced, variance wound't cause susbtantial harm

Answer 30

* by contract (permits - promises) * floating (not linked to paritcular area) * cluster (zoning reqs considered as whole, not lot by lot) * planned unit development (focus on entirety, not plots)

Answer 31

1. riparian - proprety closest to watercourse, can't be transferred without land 2. prior appropriation - determined by priority of beneficial use, can be transferred separately from land

Answer 32

right to have land supported in natural state lateral - landowner who excavates on his own land - * undeveloped - strictly liable for damage to undeveloped adjoining land * imrpovement - strictly liable if adjoining land would have collasped in undeveloped state * improvement contributes to collapse - only liable if negligent subjacent - owner of mineral rights is SL for failure to supprt land and any buildings on land at time rights were conveyed

Answer 33

1. lapse of time (specified, or reasonable if none stated) 2. death/mental incapacity - unless option K becuase consideraetio nwas paid to keep open 3. destruction/illegality 4. revocation - any time prior to acceptance (even if it states will remain open for specific amount of time)

Answer 34

1. option K - need consideration usually to be enforceable 2. UCC firm offer - irrevocable (reasonable time but no more than 90 days) if: 1) offeror = merchant, 2) assurance (in writing) made that it will remain open. No consideration needed 3. promisorry estoppel - offeree reasonably/detrimentally rlies on offer 4. partial performance - for all Ks, offeree must know of offer when beings performance * unilateral K - can't revoke once offeree begins performance * bilateral K - beginning preformance = promise to render complete performance

Answer 35

If B requests shipment = accepteance either by S's promise to ship or prompt shipment Nonconforming goods shipped = acceptance and breach, unless S notifies B tht good are accomation (counteroffier). B can accept or reject

Answer 36

Bilateral - exchange of **promises -**-\> both enforceable Unilateral - **promise** to do something in rerturn for act **(performance)** by other party. * If party doing starts to perform, keeps offfer open for time to complete performance

Answer 37

Mirror-image rule UCC: _no merchants or one merchant only_ - definite/timely express of acceptance usualyl acceptance of offer; new/different terms treted as proposed additions to be accepted separately by offeror b_oth merchants_ additional terms automatically included in K unless: * materially alters original * expressly limits acceptance to new terms * offeror objects w/i reasonable time Different terms - knock out rule

Answer 38

CL - doesn't qualify as consideration unless * promisor gives something new * preexisting duty changes in some way * party promises to 3P to perform act already obligated to perofrm under another K

Answer 39

CL - need new consideration. Enforceable if: * rescission of existing K and entry into new one * unanticipated difficulties arise and mod is fair & equitable * both parties' obligations change UCC - just need GF, no consideration

Answer 40

accord: one party agrees to accept different performance from other party to staisfy existing duty Satisfaction - performance of accord agreement =\> discharges both original and accord K

Answer 41

Nonbreaching party must have ability to sue for damages and collect on judgment to have real K

Answer 42

Requirements - B agrres to buy all that he requires Output - S agrees to sell all she manufactures Consideration = promisor's legal detriment

Answer 43

If party performs unrequested service, can can enforce promise of payment for material benefits to extent necessary to prevent injustice

Answer 44

* Promisor should reasonably expect to induce action on part of promisee or 3P * promise does induce * injustice only avoided by enforcement of promise

Answer 45

1. mistake (mutual; unilateral) 2. misunderstanding 3. misrepresentation 4. undue influence 5. duress 6. capacity

Answer 46

Mutual - both parties mistaken re: essential element. Voidable by adversely affected party if: 1. existed at **time of formation** 2. relates to **basic assumption** of K 3. **mateiral impact** on transaction 4. affected party **didn't assume risk of mistake** can't void if reformation will work Unilateral - one party mistaken as to essential element. Mistaken party can void if didn't assume risk of mistake and either * mistake makes enforcement of K unconscionable OR * other party **caused mistak**e, **should have known**, **had duty to disclose** or **failed to disclose**

Answer 47

Parties think they're agreeing to different terms (but they're not) * **Neither party know**s/has reason to know - no K if material term involved * **One party knows**/ has reason to - K formed based on meaning of term from unknowing party * **both parties know terms ambiguous** when K formed - no K unless they intended smae maining * **waiver** - one party can choose to enforce K with other party's understanding

Answer 48

untrue assertion of fact * misrep is fraudulent (knowing/reckless false assertion with intent to mislead) * induced assent to K * justifiable reliance on misrep by other part * (Non-disclosure counts) Void K if fraud in factum - misrep prevents character/essential ter mof transaction to be known Voidable by affected party - fraud in inducment (misrep used to induce entry into K)

Answer 49

Innocent/negligent Voidable by affected party who: * **justifiably relied** * on **material misrep** * was i**nduced to assent** to K as result Can be reformed/avoided (reform to express what was represented)

Answer 50

unfair persuasion of party to assent to K * Unfair persuasion - relationship beween **dominant party** and **dependent part**y due to lack of e**xpertise/experience, diminshed capacity** * persusasion **seriously impairs free & competent judgmen**t * **Confidential** relationship * 3P undue influence (can't void if 3P relied in GF or gave value w/o notice of UI) * Damages - restitution

Answer 51

Improper threat depriving party of meaningful choice * criminal/civil action * breach K in violation of GF and FD * no reasonable alternative =\> threat induced assent K voided when duress through phsyical compulsion; otherwise, voidable

Answer 52

1. Infancy - infant can void 2. mental illness - void if adjudicated mentally incompetent; voidable if no adjudication 3. guardianship - void (except reasonable value of necessities) 4. intxoication - voidable if person was unable to understand nature/consequences of K AND other part knew of intox

Answer 53

1. illegality * unenforceable if performance/consideration is illegal * void if contempmlates illegal conduct * performance discharged if becomes illegal after formation * less guilty/unkonwing party can sometimes get restitution damages * Look for divisble Ks, licensing violations 1. unconscionability - so unfair to one party that no reasonable person would agree to it 2. public policy - Unenforceable if violates significnat PP

Answer 54

IIF - conduct indicates assent/agreement (not words) Quasi-K - P conferes benefit on D and has reasonable expection of comp =\> Court implies K to prevent unjust enrichment Reqs: * P confered measureable benefit to D * Without gratutitous intent * unfair to let D retain benefit

Answer 55

_Express_ - promise/affirmation/description/etc. that's part of basis of bargain unless it's just S's opinion * Disclaimer can't unreasonably negate/limit I_mplied warranty of merchantability_ - implied when S is merchant. Goods fit for ordinary purpose _Implied warranty of fitness for particular purpose_ - S has reason to know B has particular use for goods; B relies on S's skill to select _Disclaimers of implied Ws_ * implied W of merchantability - oral/written, uses term "mrechantablity", conspcious * Implied W of fitness for PP - general language in writing, conspcious * All implied Ws - language like "as is" ok, B inspects goods, course of dealing/performance, trade usage

Answer 56

1. impracticability 2. frustration of purpose 3. rescission 4. release 5. destruction/damage to goods

Answer 57

1. unforseeable event occured 2. nonoccurence was basic assumption of K 3. Party seeking discharge not at fault Look out for: AOR, partial impracticability, failure of particular source

Answer 58

unexpected event destory's one party's purpuose re: K, even if performance not impossible can rescind K without damages Event doesn't need to be completely unofrseebble, just sever enough to not be in assumed risks

Answer 59

* K cancelled such that parties are in prior positions * grounds must exist at time of formation * Can mutual agree to rscind (surrender of rights under originl K = considretion) * canot rescind if 3P benefiiary rights already vested

Answer 60

Writing manifesting intent to discharge party from existing duty * CL - need consideration * UCC - in writing, signed/delivered by aggrieved party is enough

Answer 61

Destruction - goods destroyed by no fault of either party before ROL passes to B --\> K avoided, parties discharged, no breach Damaged - K avoided or B can take goods at reduced price ROL - if already passed to B, K not avoided and S may demand performance

Answer 62

Intent and understanding that 3P will benefit from performance by a party to the K Can only recover if intended B (not incidental - no contractual intent to benefit) Rights vest when - * 3P detrimentally relies on rights * manifests assent to K at a party's request * files lawsuit

Answer 63

Assigns rights, not duties Need present intent to transfer immediatley Irrevocable if there's consideration Assignee takes rights under K at time of assignment AND subject to defenses that could be raised Prohibition on assignment in K = prohib. on assigning duties, not rights

Answer 64

allowed unless other party has substantial interest in specific individuals' performance (special service Ks) delegtor not released from liablity (without novation) Enforceable if there's consideration or substitute consideration Sale of goods - can trigger reasonable grounds for insecurity =\> other party may aske for assurance

Answer 65

MSOUR * Marriage * Suretyship * One year * UCC (exceptions: specially manufactured goods, part payment, receipt/acceptance, judicial admission, failure to object to memo /wi 10 days - merchants only) * Real property

Answer 66

1. Defenses to formation 2. Defenses to enforcement 3. Proving CP to existence of K 4. Interepeting clarifying ambiguity 5. UCC - trade useage, course of dealing

Answer 67

Relieves party of obligation to perform Express - "on condition that", "provided that") - must be fully performed unless excused (no susbt. performance) implied - agreement suggests parties truly intended it to be included by failed to expressly do so OR fairness requires. Substantial performance ok

Answer 68

UCC only S must transfer ownerhsip and tender goods conforming to W obligations B - inspects goods and obligated to pay upon acceptance Methods: Shipment/destination/S's POB \* ROL: on S if no breach and goods are destroyed unless complies w/ delivery obligations

Answer 69

CL - Various units of performance divisible into distinct parts * can only **recover for particular segment** UCC - multiple shipments, each to separately accepted * **No perfect tender rule** * B's rejection - **substantial conformity rul**e =\> can only reject if **nonconformity substantiallly impairs value** to B and can't be cured. Same for subst. impariment of entire K

Answer 70

CL - promisor repudiates before time of performance due - clear and unequivocable (words or acts) Nonbreaching party can: * treat as breach * ignore and demand performance, but suspend his performance if it would increase damages * have to wait for actual breach before suing if only outstanding performance is payment and not due yet * Ask for assurances

Answer 71

Unequivocal refusal by B/S to perform OR reasonable grounds for insecurity arise, other party fails to provide adequate assurance w/i reasonable time (30 day max)

Answer 72

intended to put nonbreaching party in position he'd have if K was performed * need calculation w/ reasonable certainty * P may not get consequential and incidental damages _Partial performance_ - recovers work peformed + expectation damages for unperformed work _Defective performance_: * construction Ks (generally cost to correct) * goods - different between value of goods as warranted, actual value * real estate - difference between K price and market value _Economic waste_ - construction Ks: if cost to fix/copmlete is clearly disproportional to economic benefit/utility gained, court can award damages = dimunition in market price of property

Answer 73

* result from breach, but special circumstances unique to parties * caused by breach * reasonable foreseeable to breaching praty * reasonably certain value (otherwise, reasonable expenditures in connection with K) UCC - only Bs can recover No limitation in personal injury from consumer goods =\> unconscionable

Answer 74

Party must avoid/mitigate damages to extent possible by taking reasonable steps (no undue risk, expense, inconvience) * reasonable conduct standard re: preventing loss * failure to mitigate reduces damages of nonbreaching party

Answer 75

Restitutionary - restores benefit conferred to other party * measured by reasonable value of D getting benefit from other source OR increase in D's wealth from benefit * P can't recover if no substantial performance and in breach Recovery - any benefit conferred on breaching party in part performance or reliance

Answer 76

reasonable OOP expenses incurred by NB party Can't get both this and expectation damages

Answer 77

equitable remedy possible when damages are inadquate. Factors: * difficult to prove **reasonably certain damages** * D's **hardship** * **balance of equities** * **wishes/understandings** of parties * **practicality** of enforcement * **mutuality o**f agreement UCC - possible when goods are rare/unique Defenses - laches, unclean hands

Answer 78

B remedies - when S fails to tender goods * cancel K * recovery of payment * damages * Cover * Specific performance * Reject (must give notice to S w/i reasonable time, no acceptance) * acceptance (plus damages based on lost value) S has right to cure if time of peroframcne hasn't yet elpased or reasonably beeliveed B would take them

Answer 79

1. Right to price 2. right to reclaim goods (insolvent B, must make demand w/i 10 days) 3. stoppage of goods in transit 4. wrong rejection by B - damages, resll goods, recover price, lost profit for lost volume S

Answer 80

Actus reus - Voluntary, affirmative (or omission thereof) causing criminal proscribed result Means rea - guilty mnd or legally proscribed mental state

Answer 81

Principal in first degree - acts/ommissions are actus reus of crime, but need not be actually/constructively present at commission Principle in 2D - accomplice, physically/constructively present during commission Accessory before the fact - treated same as princpal in 1D

Answer 82

aids/assists to avoid apprehension/conviction after commission of felony must know felony was committeed * can be accessory after fact if principal committed/was acessory before fact to capital/life/1st degree/2nd degree felony or offenses against child (unless * 3D felonies - if not a close relative and principal committed 3D felony or was accessory before fact and meets AAF requirements, can be AAF

Answer 83

Due to **mental defect of reason due to mental disease**, D did not know either 1) **nature and quality** of act 2) **wrongfulness** of act (right from wrong test)

Answer 84

1. result of premediation 2. felony murder - (BARRK, drug trafficking sex. battery aggravated child/elder abuse, carjacking, aggrevated stalking, terrorism, human trafficking) 3. results form unlawful distribtuion of controlled susbtances Specific intent (SI defenses apply)

Answer 85

* Results from **imminently dangerous act** evincing **depraved mind,** * no premeditation * by **person other than D** during attempt/perp of enumerated felony

Answer 86

D commits unlawful killing during commission of non-enumerated felony

Answer 87

D kills another by act, procurement or culpable negligence w/o lawful justification

Answer 88

D by culpable negligence causes death of * disabled adult * minor * officer/firefighter/medical tech/paramedic engaged in duties

Answer 89

Covers larceny, embezzlement, false pretenses - degrees based on value of stolen goods

Answer 90

t**aking money/property** from person or custody of another **involving use of force** (violence, assault, etc.) w/ **intent to deprive** person of **rights in property** 1D if D has weapon

Answer 91

Same as robbery but w/ motor vehicle

Answer 92

Entering of another's dwelling w/ itent to commit an offense Dwelling - * structure, surroudning curtilage that has roof and dseinged for indivdiuals to lodge at night. * can be abandoned or under construction

Answer 93

**Willful/unlawful burning** or b**urning during felony** of **another's dwelling** (no malice needed)

Answer 94

actual and intentional touching/srking of another against their will * felony battery -D actually and intentionally causes great bolidy harm/permanent disability/disfigurement * domestic battery by strangulation * aggrevated battery - D uses deadly weapon or battery against pregnant woman

Answer 95

**intentional unlawful threa**t to c**ommit violence** upon another **apparent ability** to do so perform act c**reating well-founded fear of imminent violence** * aggrevated assault - w/ deadly weapon but w/o intent to kill/commit felony Misdemeanor stalking - D willfully, mlacioulsy, repeatedly follows/harasses * aggrevated stalking - + credible threat by D w/ intent to put V in reasonable fear of imminent death or injury

Answer 96

D **forcibly, secretly, or by threat** **confines, abducts, imprisons** another agianst will w/ intent to: * hold V for **ransom, reward, hostage** * **commit felony** * **infict bodily harm/terrorize** V or another * **interfere w/ performance of gov** or political functions

Answer 97

* capital felony - adult; V under 12 * Life felony - adult; V between 18 and 12 * Life felony - minor; V under 12 * life felony - using deadly weapon or pysical force against V over 12 Statutory rape - unlawful sexual activity w/ certian minors lewd/lascivious offenses in prseence of persons under 16 contributing to delinquency/dependence of child

Answer 98

* agreement bewteen 2+ people * to accomplish unlawful purpose * w/ intent to accomplish that purpose No overt act required Withdrawal - D manifests complete, voluntary renunciation of crim purposes, dissuades other/prevent commission of offense

Answer 99

homicide: * by accident during lawful act (ordinary caution, no unlawful intent) * by accident in HOP upon sudden/sufficient porovcation * by accident resulting from sudden combat w/o dangerous weapon

Answer 100

1. Self defense 2. defense of others 3. defense of property 4. arrest 5. duress 6. necessity 7. consent 8. entrapment

Answer 101

_justfiable use of force_ = immune to crim/civil action unless force used against law enforcement officer in lawful perofrmance of duties and person knew (or should have)az _Deadly force_ - presumption of reasonable fear of imminent death/great bodily harm if * intruder unlawfully/forcefully enters dwelling/vheicle * forcibly removes another * person using force knew/thought forcible entry happened does not apply if: * intruder was lawfully prseent * removed person was intruder's child * Perosn suing force engaged in unlawful activity * person using force knew/should have that intruder was law enforcement No duty to retreat if person reasonably believes deadly force is necessary to prevent death/great bodily injury or prevent forcible felony

Answer 102

**Substantial burden on exercise** not permitted unless r**esulted from rule of genreal applicability** * furthers **compelling governmental interest** * **least restrictive means** of furthering

Answer 103

Prohibits 1. deprivation of: life, liberty, property without DP of law 2. Can't be put in jeopardy twice for same offense 3. compelling self-incrimnation in criminal case Covers both substantive and procedural DP

Answer 104

If 1) **reasonable alternative provided** (arbitration, admin court) or 2) "**ovepowering public necessity" for abolishment of COA** w/ no alternative method

Answer 105

injury in fact (concrete and particularized) causation (caused by violation of Const. right0 redressibility (relief must preveent/redress injury) \* Parental standing, organizational standing, assignee standing ok

Answer 106

Restricts actual speech, not where and when it's used (i.e TPM restrictions)

Answer 107

Void for vaguess: fails to give person of ordinary intelligence fair notice of what's prohibited

Answer 108

1. interests affected 2. risk of erroneous deprivation using current procedures, value of additional safeguards 3. burden in providing additonal process Suspended students in public schools - need to get oral/written notice of charges. If denies, needs explanation of evidence against him and opportunity to present his side.

Answer 109

Intentionally/recklessly acting w/ extreme or outrageous conduct that causes P severe emotional distress. E&O conduct - exceeds possible limits of human decenty =\> intolerable in civilized society

Answer 110

Parent has duty to exercise RC to prevent minor from intentionally/negligently harming 3P, as long as parent (i) has ability to control child and (ii) knows (or should have) of necessity and opportunity to exercise control

Answer 111

States can't discrminate against **fundamental rights or essential activities of OOS residents** **Examples:** * Commericial rights * live * travel * particpate in judicial and political process Doesn't apply to corps

Answer 112

States are prohibited from d**iscriminating against** or **unduly burdening** interstate commerce even if Congress hasn't regulated particular activity Congress has exlcusive power to regulate interstate commerce \* Prohibition includes taxes

Answer 113

1. Discriminates against OOS commerce 2. unduly burdens interstate commerce 3. regulates wholly OOS commerce

Answer 114

Promotes instate economic interests at expense of OOS (reqs on OOS companies but no instate)

Answer 115

1. Regulation necessary to achieve important gov interst and no reasonable non-discrim alternatives exist 2. market particpant (state as conusmer/business) 3. involves traditional gov function (trash collection) 4. Expressly authorized by congress

Answer 116

Congressional power to enact legislation N&P to execute authority

Answer 117

Congress can regulate * interestate commerce - channels, instrumentalities, articles moving therein, substantially related activities * intrastate commerce * instate activities that susbtantially affect IC in aggregate * economic activites that substantially and directly affect commerical activity (Higher burden)

Answer 118

Congress has broad authority to lay and collect taxes **for any public purpose**

Answer 119

Congress can pay debt and provide for **common defense and general welfare** of US

Answer 120

Secured party's **interest in personal property or fixtures** to **secure payment or performance of obligation** of Debtor

Answer 121

Goods 1. consumer goods (personal/family/household) 2. farm products 3. inventory (goods other than FE used/consumed in business) 4. equpiment (catchall - goods that aren't any of the other 3) Software (embedded in goods only)

Answer 122

1. chattel paper (records showing $ obligation or SI in specific goods) 2. documents (showing ownership rights re: goods w/ bailees) 3. instruments 4. investment property 5. accounts (accounts payable) 6. commerical tort claims 7. depsoit accounts 8. LOC rights 9. general intangibles

Answer 123

SI becomes enforceable when SI attaches: 1. value given by SP 2. D has rights in collateral 3. Authenticated security agreement (w/ description) or control/possession

Answer 124

1. in a record 2. contain sufficient descrption of collateral 3. authenticated by D

Answer 125

**SP gave value** to D and D **used value to incur obgliation** enabling D t**o acquire goods**, OR **SP sold goods** to D and D i**ncurred obligation** to pay SP a**ll/part of purchase price**

Answer 126

Accesssion: identity of original goods not lost (retains SI) Commingled - identity of original goods lost (lose SI in original goods but can maybe have one in product/mass)

Answer 127

1. filing 2. possession 3. control 4. automatic

Answer 128

D's authentication of SA = authoriation to file Anyone can file FL - any non-RP collateral must be filed w/ FL Secured Transaction Registry

Answer 129

good, insruments, negotiable docs, money, tangible chattel paper, certificated securities

Answer 130

investment property, deposit accounts, LOC rights, electronic chattel paper, electronic docs

Answer 131

PMSI in consumer goods - indefinite perfection Temporary - new value under SI, delivery of collateral for sale, interstate movement of collateral or debt

Answer 132

Temporary perfection - Original collateral perfected =\> SI in proceeds lasts for 20 days from attachment Indefinite - pursuant to financing statement, cash proceeds, same filing office

Answer 133

not controlled by Art. 9 FL - statutorily requires notation on cert of title, done via e-filing

Answer 134

1. Perfected SI 2. judicial lien crditors - acquired lien via judicial process (certain exceptions re: PMSI and advances) 3. unperfected SI (unless it's because value not yet given) 4. General/unsecured creditor - no lien on or SI in collateral \* Statutory lien creditor (mechanic's lien) possessory lien securing payment for goods/services furnished in OCB

Answer 135

B v. perfected SI - generally, SI remains in collateral unless authorized transfer free of SI B v. unperfected SI - B wins if gave value, received collateral, didn't know about SI BOCB - genreally wins regardless of perfection

Answer 136

Buyer in ordinary course of business 1. Buys goods (not FP) by giving new value 2. in ordinary course 3. from S in business of selling those goods 4. in GF 5. w/o actual knowledge of sale violating another's rights in goods

Answer 137

Perfected v. perfected - first to file or perfect wins (note: lapse restarts clock) Perfected v.unperfected - always perfected Unperfected v. unperfected - first to attach wins (first in time, first in right)

Answer 138

PMSI v. non - genreally PMSI wins PMSI in goods (non inventory or lifestock) v. SI - PMSI wins if perfected within 20 dyas of D receiving possession PMSI in inventory/lifestock v. SI - PMSI wins if perfected before D receives possession Perfected PMSI v. perfected PMSI - first to file or perfect (EXCEPT SEller wins over lender)

Answer 139

1. BOCB 2. Perfected PMSI 3. perfected SI 4. unperfected SI/PMSI 5. Debtor

Answer 140

SP rights: * repossession * Rigth to redeem * foreclosure

Answer 141

Can be full satsifcation of obligation or partial - D must consent to either in authenticated record Consumer debtor exceptions: * partial satisfaction not permitted - SP can only accept in full satisfaction * strict foreclosure - if conusmer goods in possession of SP, no SF if D has paid at least 60% of price or obligation. SP must sell goods, not keep them. (D can waive but has to be in writing)

Answer 142

Presumped equal, modified as equity requires 1. length of marriage 2. economic circumstances of each spouse 3. contribution of each spouse to marriage 4. contributions of one spouse to education/career of other 5. interruptions to personal careers or education 6. interest one spouse has in retaining asset free from claims 7. dissipation of marital assets 8. interest of one spouse in retaining marital residence for dependent kids 9. any other factors court finds necessary & just

Answer 143

1. standard living during marraige 2. duration 3. age and condition of each party 4. financial resources 5. earning capacities, vocational skills and employability 6. education levels 7. time necessary for either party to acquire qaulifications to find approrpaite employment 8. contribution of each party to marriage 9. expected responsiblities for minor children 10. tax treatement/consequuences 11. all sources of incoem availbale to either party 12. any other factor necessary and just

Answer 144

1. pendente lite (temporary) - available from time of separation and competion of dissolution proceedings 2. BTG - transition from being married to single, can't exceed 2 years or be modified 3. rehab - limited period of time; help establish self-support; need limited and specific plan re: educational/vocational expenses; can be modified/termainated based on substantial change, noncompliaince, completion 4. Permanent - reaminder of dependent spouse's life; court must include finding that no other alimoney is F&R 5. Durational - awarded for general economic support; baesd on lenght of marriage (can't be longer than marriage)