Untitled Deck Flashcards

Question

What is required for a federal court to have diversity jurisdiction?

Answer 1

1. Complete diversity is present 2. The amount in controversy exceeds a certain threshold ## Footnote This jurisdiction is designed to provide a neutral forum for parties from different states.

Answer 2

A claim ## Footnote A claim is a lawsuit brought by a shareholder to enforce his own rights.

Answer 3

Actual injury not solely resulting from an injury suffered by the corporation

Answer 4

The proceeds go to the shareholder

Answer 5

The well-pleaded complaint alleges a claim arising under federal law

Answer 6

* Complete diversity is present * Amount in controversy exceeds $75,000

Answer 7

By the individual's state or country of domicile

Answer 8

* State or country of incorporation * State or country of principal place of business

Answer 9

A citizen of every state of which its members are citizens

Answer 10

Hear additional claims that do not independently have jurisdiction if they constitute the same case or controversy

Answer 11

Claims arising out of a 'common nucleus of operative fact'

Answer 12

The defendant moves a case from state court to federal court if it could have been brought originally in federal court

Answer 13

* Complete diversity is present * Amount in controversy exceeds $75,000 * Action is brought in a state where no defendant is a citizen

Answer 14

* Domicile * Physical Presence * Consent * Waiver

Answer 15

Minimum contacts exist between the defendant and the forum state

Answer 16

Exists when the defendant’s contact with the forum state is so systematic and continuous that he is essentially at home there

Answer 17

* Defendant purposefully availed himself of the benefits of the forum state * Defendant knew or should have anticipated being hailed into court there

Answer 18

The plaintiff

Answer 19

* Delivering a copy personally * Leaving a copy at dwelling with suitable resident * Delivering to authorized agent

Answer 20

* Certified mail requiring signature * Delivering a copy personally

Answer 21

By delivering a copy to an officer, managing or general agent, or any authorized agent by law

Answer 22

* Any defendant resides if all reside in the same state * Substantial part of events occurred or property subject to action located * Judicial district where any defendant is subject to PJ if (1) or (2) cannot be satisfied

Answer 23

Where he is domiciled

Answer 24

Any judicial district where the entity is subject to PJ

Answer 25

* Dismiss the case * Transfer the case to a proper venue

Answer 26

Preserves the status quo until a final judgment

Answer 27

* Likelihood of suffering irreparable harm * Greater harm to plaintiff than defendant if not issued * Likely to succeed on the merits * Best interest of the public

Answer 28

Preserves the status quo for up to 14 days until a full hearing

Answer 29

* Likelihood of suffering irreparable harm * Greater harm to plaintiff than defendant if not issued * Likely to succeed on the merits * Best interest of the public

Answer 30

Commences the lawsuit

Answer 31

* Grounds for SMJ * Showing that the pleader is entitled to relief * Demand for judgment for relief

Answer 32

A motion filed by the defendant to raise certain defenses or respond with an answer

Answer 33

* Specific denial or admission of each allegation or general denial * Any affirmative defenses that the respondent has

Answer 34

A plaintiff must join an absent party or face dismissal if certain conditions are met

Answer 35

* Complete relief cannot be accorded without the absentee * Absentee has an interest that impedes protection * Court has PJ over the absentee * Presence would not destroy SMJ or venue

Answer 36

Permitted with regard to any non-privileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case

Answer 37

* Discovery sought is unreasonably cumulative or obtainable from a more convenient source * Party seeking discovery had ample opportunity to obtain the information

Answer 38

Materials prepared by an attorney or client in anticipation of litigation generally protected from discovery

Answer 39

* Materials are otherwise unavailable * Substantial need for the materials * Cannot be obtained without undue hardship

Answer 40

* Lack of subject matter jurisdiction * Lack of personal jurisdiction * Improper venue * Insufficient process * Insufficient service of process * Failure to state a claim * Failure to join an indispensable party

Answer 41

Dismissal if it fails to assert a legal theory of recovery or sufficient facts

Answer 42

* No genuine dispute of material fact * Moving party entitled to judgment as a matter of law

Answer 43

After the close of the nonmoving party’s evidence or at the close of all evidence

Answer 44

A decision by the court on the merits that leaves nothing for the court to do but execute the judgment

Answer 45

A final judgment on the merits precludes successive litigation of an identical claim

Answer 46

* Original claim resulted in a valid final judgment * Original and later causes of action must be identical * Claimant and defendant must be the same in both actions or in privity

Answer 47

Relitigation of issues of fact or law already determined by a judge or jury

Answer 48

* Issue must be the same as in the prior action * Issue must have been actually litigated * Determined by a valid final judgment * Essential to the prior judgment

Answer 49

Appeal of interlocutory rulings that are separable from the merits of the case

Answer 50

Applies the law of the jurisdiction where the event giving rise to the lawsuit occurred

Answer 51

Court applies the law of the jurisdiction with a greater interest in having its law applied

Answer 52

* Relevant policies of forum and other jurisdictions * Relevant policies underlying the field of law * Uniformity of result * Ease of application of the law

Answer 53

Federal court must apply the law of the forum state regarding substantive issues

Answer 54

Full faith and credit

Answer 55

* Lack of valid jurisdiction * Judgment procured by fraud * Judgment not entered on the merits * Judgment not final

Answer 56

Citizens of one state or a foreign country from suing another state in federal court for money damages or equitable relief

Answer 57

1. The other court lacked valid jurisdiction 2. The other court’s judgment was procured by fraud 3. The other court’s judgment was not entered on the merits 4. The other court’s judgment was not final (judgments on appeal) ## Footnote These conditions are important in determining the enforceability of judgments across jurisdictions.

Answer 58

1. Citizens of one state or a foreign country from suing another state in federal court for money damages or equitable relief 2. Suits in federal court against state officials for violating state law ## Footnote The 11th Amendment establishes the principle of state sovereign immunity.

Answer 59

1. Consent 2. Injunctive Relief 3. Individual Damages 4. Congressional Authorization ## Footnote These exceptions allow for certain legal actions against states or state officials despite the general protections of the 11th Amendment.

Answer 60

1. Injury in Fact 2. Causation 3. Redressability ## Footnote Standing is crucial for a plaintiff to bring a case before a federal court.

Answer 61

1. The 3rd party would experience difficulty or is unable to assert their own rights 2. There is a special relationship between the plaintiff and the 3rd party 3. The plaintiff’s injury adversely affects the plaintiff’s relationship with the third party ## Footnote This principle allows for broader access to justice in certain situations.

Answer 62

1. Its members would have standing to sue in their own right 2. The interests at stake are germane to the organization’s purpose ## Footnote Organizational standing enables groups to advocate for their members' rights.

Answer 63

The plaintiff must have experienced a real injury or imminent threat thereof ## Footnote Ripeness ensures that courts do not adjudicate abstract disputes.

Answer 64

A case has become moot if further legal proceedings would have no effect ## Footnote There must be a live controversy at each stage of review.

Answer 65

1. Capable of Repetition, Yet Evading Review 2. Voluntary Cessation 3. Class Actions ## Footnote These exceptions allow certain cases to proceed even if they might otherwise be moot.

Answer 66

Congress can exercise powers enumerated in the Constitution plus all auxiliary powers necessary and proper to carry out all powers vested in the federal government ## Footnote This clause is essential for enabling Congress to enact laws that support its constitutional powers.

Answer 67

1. They bear some reasonable relationship to revenue production 2. Congress has the power to regulate the activity taxed ## Footnote This principle guides the constitutionality of taxation.

Answer 68

Congress may spend to provide for the common defense and general welfare ## Footnote This power allows for a wide range of federal funding initiatives.

Answer 69

1. Channels of interstate commerce 2. Instrumentalities of interstate commerce and persons and things in interstate commerce 3. Activities that have a substantial effect on interstate commerce ## Footnote These categories delineate the extent of Congress's regulatory authority.

Answer 70

Each of the 13th, 14th, and 15th Amendments authorizes Congress to pass 'appropriate legislation' to enforce civil rights ## Footnote This power is vital for protecting civil rights through legislative action.

Answer 71

1. Reprieve or pardon federal offenses 2. Appoint all officers of the United States with Senate consent 3. Remove any executive appointee without cause (except federal judges) 4. Veto any bill presented by Congress ## Footnote These powers define the President's authority in domestic governance.

Answer 72

1. Highest authority with express or implied authorization 2. Diminished authority when Congress has not spoken 3. Lowest authority when Congress has spoken to the contrary ## Footnote This framework helps evaluate the legality of presidential actions.

Answer 73

Powers limited or prohibited for state use, such as treaty power and coinage of money, or powers that can only be exercised by the federal government, such as declaration of war ## Footnote These powers highlight the federal government's unique authority.

Answer 74

All powers not assigned by the Constitution to the federal government are reserved to the states, or to the people ## Footnote This amendment emphasizes state sovereignty.

Answer 75

Congress may regulate the states only while exercising an enumerated power ## Footnote This principle maintains a balance between federal and state powers.

Answer 76

If Congress has not enacted legislation in a particular area of interstate commerce, states may regulate as long as they do not discriminate against out-of-state commerce, unduly burden interstate commerce, or regulate wholly out-of-state activity ## Footnote This clause protects against state interference with interstate commerce.

Answer 77

Federal law is the 'supreme law of the land,' and any state law that conflicts with federal law is void ## Footnote This clause is fundamental in establishing the hierarchy of laws.

Answer 78

1. A private person carries on activities that are traditionally performed exclusively by the state 2. Sufficient mutual contacts between the conduct of a private party and the government ## Footnote This requirement delineates the boundaries of constitutional protections.

Answer 79

No person shall be denied life, liberty, or property without due process of law, requiring fair process ## Footnote This principle is crucial for protecting individual rights against government actions.

Answer 80

Strict scrutiny standard of review applies ## Footnote This standard is the highest level of judicial scrutiny.

Answer 81

1. Suspect classifications (strict scrutiny) 2. Quasi-suspect classifications (intermediate scrutiny) 3. Other classifications (rational basis) ## Footnote These classifications determine the level of scrutiny applied to laws affecting different groups.

Answer 82

There must be intent on the part of the government to discriminate ## Footnote This requirement distinguishes between intentional discrimination and mere disparate impact.

Answer 83

The government’s power to take private property for public purposes with just compensation ## Footnote This clause protects property owners against uncompensated takings.

Answer 84

1. Economic impact on the property owner 2. Extent of interference with reasonable investment-backed expectations 3. Character of the regulation ## Footnote These factors help assess whether a regulation constitutes a taking.

Answer 85

1. Permanent physical occupation of the property 2. Permanent total loss of the property’s economic value ## Footnote These situations automatically qualify for compensation under the Takings Clause.

Answer 86

The freedom to speak includes the freedom not to speak ## Footnote This principle protects individuals from being compelled to express certain views.

Answer 87

If it punishes a substantial amount of protected speech in relation to its plainly legitimate sweep ## Footnote Overbreadth challenges ensure that laws do not unnecessarily restrict free speech.

Answer 88

If it does not put the public on reasonable notice as to what is prohibited ## Footnote Vagueness challenges protect individuals from arbitrary enforcement.

Answer 89

Regulations that prohibit communication of specific ideas ## Footnote Such regulations are presumptively unconstitutional unless they fall into certain unprotected categories.

Answer 90

1. Advance important interests unrelated to the suppression of speech 2. Not burden substantially more speech than necessary ## Footnote This ensures a balance between regulation and free expression.

Answer 91

Public property historically open to speech-related activity (e.g., streets, sidewalks) ## Footnote This designation affects the level of regulation that can be imposed.

Answer 92

Public property historically open to speech-related activity (e.g., streets, sidewalks, public parks) ## Footnote Public forums allow for free speech regulation under certain conditions.

Answer 93

Public property not historically open to speech but opened for such activities by government policy (e.g., schoolrooms for after-school use) ## Footnote Designated public forums have specific regulations for speech.

Answer 94

* Content-neutral * Narrowly tailored to serve an important government interest * Leave open alternative channels of communication

Answer 95

Government property not historically linked with speech and assembly, not opened for specific speech activity (e.g., military bases) ## Footnote Nonpublic forums have limited speech regulations.

Answer 96

* Viewpoint neutral * Reasonably related to a legitimate government purpose

Answer 97

* Inciting imminent lawless action * Fighting words * Obscenity * Defamatory speech * Some commercial speech

Answer 98

Speech creating a clear and present danger of imminent illegal conduct ## Footnote Must show likelihood of illegal conduct and intent from the speaker.

Answer 99

Personally abusive words likely to incite immediate physical retaliation ## Footnote Fighting words statutes cannot target specific viewpoints.

Answer 100

* Appeals to prurient interest in sex * Is patently offensive * Lacks serious literary, artistic, political, or scientific value

Answer 101

Speech related to advertising, typically protected if truthful but restricted if unlawful or misleading ## Footnote Regulations must serve substantial government interest and be narrowly tailored.

Answer 102

Government punishment based on religious beliefs or interference with the exercise of religion ## Footnote Government can impose restrictions if there is a compelling interest.

Answer 103

* Has a secular purpose * Primary effect neither advances nor inhibits religion * Does not produce excessive government entanglement with religion

Answer 104

The common law ## Footnote Common law governs contracts unless they deal with goods.

Answer 105

Article 2 of the UCC ## Footnote UCC applies to contracts primarily dealing with the sale of goods.

Answer 106

* Mutual assent (offer + acceptance) * Consideration * No defenses to formation

Answer 107

* Willingness to enter an agreement * Creates a power of acceptance in the offeree

Answer 108

* Parties * Subject * Quantity * Price

Answer 109

The offer is terminated ## Footnote Revocation must be communicated before acceptance.

Answer 110

Acceptance is valid at the moment of dispatch unless certain conditions apply ## Footnote This includes incorrect addresses or stipulations by the offeror.

Answer 111

A rejection of the original offer and a new offer made by the offeree

Answer 112

Acceptance terms must match the offer exactly; otherwise, it is a counteroffer

Answer 113

Acceptance can include different or additional terms and still be valid ## Footnote Terms must be sent within a reasonable time.

Answer 114

Transfer of legal value in a bargained-for exchange ## Footnote Must involve legal detriment or benefit.

Answer 115

A promise to do something already legally obligated is not consideration

Answer 116

Enforcement of promises lacking consideration under certain conditions ## Footnote Must induce action or forbearance to the detriment of the promisee.

Answer 117

A party lacking the legal ability to enter a contract, such as minors or intoxicated persons

Answer 118

Both parties are mistaken about a basic assumption in the contract ## Footnote Affected party may rescind the deal.

Answer 119

A false statement made at the time of contracting, which can be intentional or accidental

Answer 120

An improper threat that deprives a party of meaningful choice to contract

Answer 121

Assent induced by excessive pressure on a susceptible party ## Footnote Generally results in a voidable contract.

Answer 122

A contract so unfair it shocks the conscience, potentially unenforceable by courts

Answer 123

* Contracts made in consideration of marriage * Contracts guaranteeing another's debt * Contracts not performable within one year * Contracts for goods over $500 * Contracts involving real estate

Answer 124

* Signed writing * Performance * Custom-made goods substantial beginning

Answer 125

The PER states that when parties express their agreement in writing with the intent that it embodies the final expression of their bargain, the writing is an integration. ## Footnote It does not apply to non-final expressions such as tentative drafts.

Answer 126

Complete integration occurs when the writing completely expresses all terms of the parties' agreement, making prior or contemporaneous statements inadmissible. ## Footnote A merger clause is strong evidence of complete integration.

Answer 127

Partial integration occurs when the writing sets forth some terms of the agreement but not all, allowing for prior or contemporaneous statements to supplement the writing as long as they do not contradict it.

Answer 128

* Defenses * Separate Deals * Condition Precedents * Ambiguity and Interpretation

Answer 129

An express warranty is created when the seller makes any affirmation of fact, promise, description, or uses a sample or model as part of the basis of the bargain with the buyer.

Answer 130

It guarantees that goods sold by merchants are fit for their ordinary commercial purposes, unless disclaimed with conspicuous language.

Answer 131

It implies that goods are fit for a particular purpose when the seller knows of the buyer's specific use and the buyer relies on the seller's skill.

Answer 132

Substantial performance means that performance is satisfied as long as there is no material breach of the contract.

Answer 133

Perfect tender requires the seller to deliver perfectly conforming goods according to the contract terms.

Answer 134

Expectation damages aim to put the non-breaching party in the same economic position as if the contract had been performed as promised.

Answer 135

The goal of reliance damages is to restore losses incurred that would not have happened but for the breached contract.

Answer 136

Restitution aims to prevent unjust enrichment by providing an amount equal to the economic benefit conferred on the defendant.

Answer 137

Specific performance is awarded when monetary damages are inadequate, especially in real estate transactions.

Answer 138

Rescission cancels a contract to restore the parties to their positions before the contract was made.

Answer 139

A seller may reclaim goods sent to an insolvent buyer if demand is made within 10 days after receipt or if the buyer pays with a dishonored check.

Answer 140

The plaintiff must take reasonable steps to mitigate losses; failing to do so can reduce total damages.

Answer 141

An intended third-party beneficiary has rights under a contract because the parties intend to benefit them, allowing them to sue for breach.

Answer 142

An incidental beneficiary benefits from the contract but has no legal rights or ability to sue for breach.

Answer 143

Assignment allows a party to transfer rights and benefits under a contract to a third party, unless explicitly prohibited by the contract.

Answer 144

Delegation occurs when a party outsources their duties under a contract to a third party, generally acceptable unless prohibited by the contract.

Answer 145

* Actus Reus * Mens Rea * Causation * Concurrence

Answer 146

Specific intent requires that the crime be committed with a specific intent or objective, evidenced by the manner in which the crime was committed.

Answer 147

Malice requires a reckless disregard of a high risk that a harmful result will occur, relevant in crimes like common law murder and arson.

Answer 148

General intent requires that the defendant intend to commit an act prohibited by law, regardless of the intent behind the act's result.

Answer 149

Strict liability requires only that the defendant voluntarily commit the actus reus, regardless of intent; defenses negating state of mind are not available.

Answer 150

* Purposely * Knowingly or Willfully * Recklessly * Negligently

Answer 151

Murder is the unlawful killing of a human being with malice aforethought, defined by various states of mind.

Answer 152

Voluntary manslaughter is a killing that would be murder but for adequate provocation that causes a loss of self-control.

Answer 153

Involuntary manslaughter is an unintentional killing committed with criminal negligence or during the commission of a non-felony offense.

Answer 154

First degree murder generally involves premeditation or is committed during the commission of a felony, while second degree murder does not.

Answer 155

Felony murder is the killing that occurs during the commission of a felony, under specific limitations regarding the underlying crime and foreseeability.

Answer 156

A defense that negates an element of an underlying offense will also be a defense to felony murder.

Answer 157

The felony must be distinct from the killing itself.

Answer 158

The death must have been a foreseeable result of the felony.

Answer 159

The death must have been caused before the defendant’s 'immediate flight' from when the felony ended.

Answer 160

Battery is the unlawful application of force to the person of another that results in bodily harm or offensive contact.

Answer 161

Assault is either an attempt to commit a battery or intentionally placing another in apprehension of imminent bodily harm.

Answer 162

* Unlawful (without legal excuse) * Confinement of a person * Without valid consent.

Answer 163

* A taking * And carrying away * Of the personal property of another * By trespass (without consent) * With intent to permanently deprive.

Answer 164

* The fraudulent conversion * Of the personal property of another * By a person in lawful possession of that property.

Answer 165

False pretenses consists of obtaining title to the personal property of another by an intentional false representation of a material past or present fact with intent to defraud.

Answer 166

Larceny by trick consists of obtaining possession or custody of the personal property of another by an intentional false representation of a material past or present fact with intent to defraud.

Answer 167

* A taking and carrying away * Of the personal property of another * From the other’s person or presence * By force or threat of force * With intent to permanently deprive.

Answer 168

* A breaking * And entry * Of the dwelling of another * At nighttime * With the intent to commit a felony in the structure.

Answer 169

Common law arson consists of the malicious burning of the dwelling of another.

Answer 170

* The specific intent to perpetrate a crime * An overt act beyond mere preparation that falls short of completing the crime.

Answer 171

No, abandonment or withdrawal is not a defense to attempt.

Answer 172

* Requesting another to commit a crime * With the intent that the person solicited commit the crime.

Answer 173

* An agreement between two or more persons * To accomplish a criminal objective * With the intent to enter into the agreement * With the intent to commit the criminal objective.

Answer 174

A conspirator may be held liable for crimes committed by their co-conspirators if the crimes were foreseeable and committed in furtherance of the criminal objective.

Answer 175

* M’Naghten Rule * Irresistible Impulse Test * Model Penal Code Test * Durham Test.

Answer 176

Voluntary intoxication is a valid defense to specific intent crimes if it prevents the formation of the required intent.

Answer 177

Involuntary intoxication is a valid defense to all crimes if the intoxication serves to negate an element of the crime.

Answer 178

* Confronted with unlawful force * Reasonably believes it is necessary to protect herself from imminent unlawful force.

Answer 179

* Confronted with unlawful force * Reasonably believes she is threatened with imminent death or great bodily harm.

Answer 180

In a minority of jurisdictions, a person must retreat before using deadly force if the victim can safely do so, except in certain circumstances.

Answer 181

Imperfect self-defense can reduce a murder charge to voluntary manslaughter.

Answer 182

The defense of duress is available if the defendant reasonably believed another would imminently inflict death or great bodily harm upon him or a family member if he did not commit the crime.

Answer 183

Mistake of fact is a defense that shows the defendant lacked the state of mind required for the crime.

Answer 184

The 4th Amendment protects against unreasonable government searches.

Answer 185

* Homes * Hotel rooms * Offices * Backyard of home (curtilage) * Luggage.

Answer 186

* Exigent circumstances * Search incident to a lawful arrest * Consent * Probable cause with automobiles * Plain view * Administrative searches.

Answer 187

Law enforcement officers can stop an individual when they have reasonable suspicion based on articulable facts.

Answer 188

Probable cause to believe that the individual has committed a crime.

Answer 189

* Right to remain silent * Any statement may be used against her * Right to consult an attorney * Right to have an attorney appointed if unable to afford one.

Answer 190

The police must cease their interrogation.

Answer 191

A statement obtained in violation of Miranda is inadmissible in the prosecution’s case-in-chief.

Answer 192

The lawyer must be present, the suspect must reinitiate the interrogation, or 14 days must have passed since release from custody.

Answer 193

It is inadmissible in the prosecution's case-in-chief but can be used to impeach the defendant.

Answer 194

* Police fail to give Miranda warnings before custodial interrogation * Police fail to cease interrogation after a suspect invokes their rights.

Answer 195

* Public safety is at risk * Suspect is unaware the interrogator is a police officer * Questioning is biographical for routine booking purposes.

Answer 196

A guilty verdict will be upheld if the prosecution proves beyond a reasonable doubt that the error was harmless.

Answer 197

Government compulsion of involuntary statements.

Answer 198

Statements coerced by police through tactics such as force or trickery.

Answer 199

* Length of interrogation * Time and location of interrogation * Police tactics used * Character of the person being interrogated.

Answer 200

Not admissible for substantive purposes or impeachment; considered fruit of the poisonous tree.

Answer 201

Once formal adversarial judicial proceedings have commenced.

Answer 202

It applies only to the offense the defendant is formally charged with.

Answer 203

Waive it voluntarily, knowingly, and intelligently.

Answer 204

Evidence obtained in violation of the defendant's 4th, 5th, or 6th Amendment rights is inadmissible.

Answer 205

* Independent source for the evidence * Inevitable discovery * Attenuation in the causal chain * Good faith reliance on existing law or a valid warrant.

Answer 206

It must be both probative and material.

Answer 207

Actions taken after an injury that make future injury less likely, not admissible to prove negligence.

Answer 208

No, offers, conduct, or statements made during negotiations are not admissible to prove a disputed claim.

Answer 209

Not admissible to prove liability, but accompanying conduct or statements are admissible.

Answer 210

Not admissible to prove negligence, but admissible to prove bias or agency.

Answer 211

* Reputation in the community * Opinion testimony * Specific instances.

Answer 212

* When character is an essential element of a claim or defense * In cases based on defendant's sexual misconduct.

Answer 213

Prosecution cannot introduce bad character evidence to prove propensity; defendant may present positive character evidence.

Answer 214

Introduce reputation or opinion testimony if relevant to a defense.

Answer 215

Motive, Intent, Absence of Mistake, Identity, Common Plan or Preparation.

Answer 216

To prove that on a particular occasion the person or organization acted in accordance with the habit or routine.

Answer 217

By introducing evidence of untruthfulness through reputation or opinion testimony.

Answer 218

Generally admissible to attack credibility, subject to the 10-year restriction.

Answer 219

The witness must be given an opportunity to explain or deny the prior inconsistent statement.

Answer 220

An out-of-court statement offered to prove the truth of the matter asserted.

Answer 221

Must be rationally based on perception, helpful to understanding, and not based on specialized knowledge.

Answer 222

* Sufficient knowledge, skill, experience, training, or education * Testimony must assist the trier of fact * Based on sufficient facts * Product of reliable principles and methods.

Answer 223

A witness in a valid marriage may refuse to testify against their spouse in criminal proceedings.

Answer 224

Communications made during a valid marriage intended to be confidential.

Answer 225

Communications between an attorney and client intended to be confidential and made to facilitate legal services.

Answer 226

* Through witness testimony * Stipulation * Handwriting verification. * Certain documents are self-authenticating.

Answer 227

Documents that do not require extrinsic proof of authenticity, such as: * Public documents bearing a seal * Certified copies of public records * Official publications issued by a public authority * Newspapers and periodicals * Notarized documents * Commercial paper * Trade inscriptions * Records of regularly conducted business activity certified by a custodian of the records ## Footnote These documents are accepted as authentic without further evidence.

Answer 228

An out-of-court statement offered to prove the truth of the matter asserted, which is generally not admissible unless it falls under a valid exception ## Footnote A 'statement' can be oral, written, or nonverbal conduct intended as an assertion.

Answer 229

If an out-of-court statement is not offered to prove the truth of the matter asserted, it is not hearsay and is admissible ## Footnote Examples include verbal acts of independent legal significance, statements showing effect on listener, mental state, and impeachment purposes.

Answer 230

* Verbal acts of independent legal significance * Statements showing effect on the listener * Statements showing the declarant’s mental state * Statements for impeachment purposes ## Footnote These statements are admissible in court.

Answer 231

* Declarant is testifying at trial and subject to cross-examination * Statements were made under penalty of perjury * Prior statements are inconsistent with present testimony ## Footnote If not made under penalty of perjury, they can only be used for impeachment.

Answer 232

* Declarant is testifying at trial and subject to cross-examination * Prior consistent statement was made before the declarant had a motive to fabricate ## Footnote This is to rebut claims of fabrication.

Answer 233

Prior out-of-court identifications, such as those in lineups or photo arrays, that are admissible if the declarant is testifying at trial and subject to cross-examination ## Footnote These statements can be used for substantive purposes.

Answer 234

Prior out-of-court statements made by a party to the current litigation that are offered by the opposing party, admissible as non-hearsay ## Footnote These statements can be used against the party who made them.

Answer 235

* Exempted from testifying due to privilege * Refuses to testify despite a court order * Testifies to not remembering * Cannot testify due to death, infirmity, or illness * Absent and not procurable by reasonable means ## Footnote These conditions affect the admissibility of certain statements.

Answer 236

* Declarant is unavailable * Statement was prior testimony at a trial or deposition * Opposing party had an opportunity and motive to develop the testimony ## Footnote This ensures fairness in the legal process.

Answer 237

* Declarant is unavailable * Declarant believed death was imminent * Statement pertains to cause or circumstances of death * Involves a civil case or homicide ## Footnote Dying declarations are an exception to hearsay rules.

Answer 238

1. The declarant is unavailable 2. The statement is against the declarant’s self-interest 3. A reasonable person would NOT have made the statement unless he believed it to be true ## Footnote This rule helps ensure that the information is trustworthy, as it is against the declarant's own interests.

Answer 239

A party forfeits her hearsay objection if she intentionally or wrongfully makes the declarant unavailable to testify as proven by a preponderance of the evidence ## Footnote This principle prevents a party from benefiting from their own misconduct.

Answer 240

A present sense impression is a statement made by the declarant that describes an event as it takes place or immediately thereafter ## Footnote This exception allows for spontaneous statements that are likely to be reliable.

Answer 241

An excited utterance is a statement concerning a startling event, made by the declarant while still under stress from that event ## Footnote This exception recognizes the impact of emotional stress on the reliability of statements.

Answer 242

A statement of the declarant’s then-existing state of mind, emotional, sensory, or physical condition ## Footnote This can include motives, intents, or plans.

Answer 243

A statement of a person’s past or present condition made for the purpose of medical diagnosis or treatment ## Footnote This exception is based on the assumption that individuals are likely to speak truthfully when seeking medical help.

Answer 244

1. The record is about a matter the witness once had personal knowledge of 2. The record was made or adopted by the witness when the matter was fresh in the witness’s mind 3. The record accurately reflects the witness’s personal knowledge 4. The witness can no longer recall the events well enough to testify ## Footnote This exception allows for the use of notes or records that aid in refreshing a witness's memory.

Answer 245

A witness can glance at almost any item to refresh her memory while testifying, but the item is not admitted into evidence ## Footnote This is different from recorded recollection, which may become part of the evidence.

Answer 246

1. Kept in the course of regularly conducted business 2. Made by a person with knowledge of the matter at or near the time of the matter's occurrence ## Footnote This exception is based on the reliability of business practices.

Answer 247

The right to confront witnesses against him in a criminal action, including the right to be present at trial and to cross-examine witnesses ## Footnote This clause is crucial for ensuring a fair trial.

Answer 248

1. Obtain a marriage license 2. Solemnized by an authorized cleric or judge 3. Both parties consent ## Footnote These requirements ensure that the marriage is legally recognized.

Answer 249

1. Cohabitated for the statutory period 2. Held themselves out as married 3. Intended to be married ## Footnote Common law marriage requires more than mere cohabitation.

Answer 250

1. In writing and signed by both parties 2. Executed after full disclosure of property and financial obligations 3. Voluntary ## Footnote Courts assess various factors to determine the voluntariness of the agreement.

Answer 251

Terms that adversely affect a child’s right to support ## Footnote Courts prioritize the best interests of children over premarital agreements.

Answer 252

A judicial declaration that a marriage never existed and was invalid from the time the parties entered into it ## Footnote Grounds for annulment may include bigamy or underage marriage.

Answer 253

1. Minimum duration of separation 2. Irreconcilable differences ## Footnote No-fault divorce allows parties to separate without proving wrongdoing.

Answer 254

A state where either party is domiciled has jurisdiction to enter an annulment decree ## Footnote This aligns with the Full Faith and Credit Clause for divorce recognition.

Answer 255

1. Income, property, and liabilities of each party 2. Duration of the marriage 3. Obligations from prior marriages 4. Lifestyle of each spouse 5. Contributions to marital property ## Footnote Courts have broad discretion in determining equitable distribution.

Answer 256

1. Lacks property sufficient for reasonable needs and unable to support through gainful employment 2. Custodian of a child making it inappropriate to work ## Footnote This support aims to ensure financial stability post-separation.

Answer 257

1. Financial resources of the party seeking maintenance 2. Time needed to obtain a job 3. Duration of the marriage 4. Standard of living during marriage 5. Physical/mental condition of the spouse 6. Ability of the payer to meet own needs ## Footnote Courts evaluate these factors to ensure fair support.

Answer 258

Parents have an absolute obligation to support their children ## Footnote Federal law mandates states to establish guidelines for child support determination.

Answer 259

Courts determine child custody based on factors that serve the child’s best interests ## Footnote This includes the child's relationship with parents, adjustment to home, and wishes of the child.

Answer 260

1. Circumstances have substantially changed 2. Modification would be in the child's best interests ## Footnote Courts prioritize the child's welfare in custody modifications.

Answer 261

A contract formed by the conduct of the parties rather than express statements ## Footnote This allows for recognition of economic sharing agreements.

Answer 262

1. Effective acknowledgment of paternity by the man 2. Valid adoption of the child by the man 3. Adjudication of the man’s paternity ## Footnote These pathways ensure legal recognition of father-child relationships.

Answer 263

A man is presumed to be the father if he and the mother were married when the child was born or if he holds the child out as his own ## Footnote This presumption can only be rebutted by clear and convincing evidence.

Answer 264

A man who is not the biological father may be estopped from denying paternity if he has held himself out as the father and paid support ## Footnote This principle protects children's interests by recognizing established father-child relationships.

Answer 265

Upon legitimation, the father gains the same parental and custodial rights as any other parent ## Footnote This ensures equal treatment in matters of custody and support.

Answer 266

Generally, the consent of both parents is required, but the father's consent is only needed if he has assumed parental responsibility ## Footnote This protects the rights of biological parents while facilitating adoptions.

Answer 267

1. Consent was procured by fraud or duress 2. Failed to comply with statutory formalities ## Footnote These challenges ensure that consent is given freely and legally.

Answer 268

1. Consent is revocable until the final adoption decree is entered 2. Consent is revocable at court’s discretion for a specified time if in child’s best interests 3. Consent is not revocable absent fraud or duress ## Footnote These approaches balance the need for stability in adoption with the rights of biological parents.

Answer 269

A fee simple is the default estate created when the grantor uses specific language such as 'O to A' ## Footnote This type of estate grants the maximum rights to the holder.

Answer 270

Fee simple ## Footnote A fee simple is created when the grantor uses phrases like 'O to A' or 'O to A and his/her heirs.'

Answer 271

Conditional conveyance with automatic possibility of reverter ## Footnote It is created using durational language such as 'while,' 'during,' or 'until.'

Answer 272

Conditional conveyance with right of entry ## Footnote The grantor must reclaim the property if the condition fails.

Answer 273

Conditional conveyance with a third party holding an executory interest ## Footnote An executory interest divests an earlier interest.

Answer 274

Present possessory estate limited by a person's life ## Footnote It is created using phrases like 'O to A for A's life.'

Answer 275

Reversion goes back to the grantor; remainder goes to a third party ## Footnote A remainder can be vested or contingent.

Answer 276

Default estate for multiple owners with undivided interests ## Footnote Each tenant has the right to possess the entire property and transfer their interest.

Answer 277

Right of survivorship ## Footnote Surviving joint tenants automatically take the deceased tenant's interest.

Answer 278

* Possession * Interest * Time * Title ## Footnote All four must be present for a valid joint tenancy.

Answer 279

The joint tenancy is terminated ## Footnote The property then becomes a tenancy in common.

Answer 280

Legal relationship between landlord and tenant ## Footnote Governed by a lease contract, which includes covenants of the parties.

Answer 281

Interest lasting for a fixed and ascertainable amount of time ## Footnote Must be in writing if longer than one year.

Answer 282

Ongoing interest until terminated by proper notice ## Footnote Examples include month-to-month or year-to-year leases.

Answer 283

Continues until terminated by either party ## Footnote Can be ended at any time for any reason.

Answer 284

Created when a tenant refuses to vacate after lease termination ## Footnote It lasts until the landlord evicts the tenant or the tenant vacates.

Answer 285

Landlords must maintain property for basic human needs ## Footnote Breach allows tenants to vacate, withhold rent, or remedy defects.

Answer 286

Tenant's right to undisturbed use of the property ## Footnote Breached if tenant is constructively evicted.

Answer 287

Complete transfer of the tenant's entire remaining term ## Footnote Both landlord and original tenant can collect rent.

Answer 288

Transfer of less than the tenant's entire remaining term ## Footnote The landlord can only collect rent from the original tenant.

Answer 289

Termination of the lease agreement by tenant's return of possession ## Footnote Requires landlord's consent.

Answer 290

Tenant returns possession without landlord's consent ## Footnote Tenant continues to pay rent until replacement tenant is found.

Answer 291

Landlord's responsibility to minimize damages from tenant's abandonment ## Footnote Majority rule requires reasonable efforts to re-rent the property.

Answer 292

Easement created by parties in writing ## Footnote Must satisfy the statute of frauds.

Answer 293

Created when land is divided and prior use suggests an easement ## Footnote Use must be continuous and apparent.

Answer 294

Created when a property becomes virtually useless without the easement ## Footnote Must arise from a division of a single tract of land.

Answer 295

Use of land continuously for the statutory period without permission ## Footnote Use must be hostile, open, and notorious.

Answer 296

* Release * Merger * Abandonment * Prescription * Sale to a bona fide purchaser * Estoppel * End of necessity ## Footnote Various methods can lead to the termination of an easement.

Answer 297

Tangible personal property attached to real property ## Footnote Considered part of the real property if intended by the owner.

Answer 298

* Must be in writing * Signed by the party to be charged * Contain all essential terms ## Footnote Exceptions include promissory estoppel and partial performance.

Answer 299

They merge into the deed and cannot be enforced unless in the deed ## Footnote Liability prior to closing is based on the contract.

Answer 300

Seller's duty to convey title free from unreasonable risk of litigation ## Footnote Defects must be cured before closing.

Answer 301

The seller has a duty to convey marketable title to the buyer at closing, which is free from an unreasonable risk of litigation ## Footnote If title is unmarketable, it must be fixed or the buyer can rescind the contract.

Answer 302

Defects in new construction, particularly latent defects that are not discoverable from a reasonable inspection ## Footnote It warrants that the new construction is safe and fit for human habitation.

Answer 303

The seller must disclose material defects that substantially impact the value, desirability, or health and safety of the property ## Footnote Material defects are significant issues that affect the property's overall condition.

Answer 304

The purchaser holds equitable title between contract execution and closing, while the seller retains legal title ## Footnote The purchaser is responsible for damages during this period.

Answer 305

A security device used to secure repayment of a debt, allowing the lender to foreclose if the borrower defaults ## Footnote A purchase-money mortgage is specifically for purchasing property.

Answer 306

* Deed of Trust * Installment Land Contract * Absolute Deed

Answer 307

A legal doctrine allowing a trespasser to acquire title to land through continuous, open, exclusive, and hostile possession ## Footnote The possession must meet specific statutory requirements.

Answer 308

* Satisfy the statute of frauds * Identify the parties and describe the property * Be delivered * Accepted

Answer 309

* General Warranty Deed * Special Warranty Deed * Quitclaim Deed

Answer 310

The first grantee to receive the deed acquires rightful title in the absence of a recording statute ## Footnote This principle applies when multiple grantees are involved.

Answer 311

* Race Statutes * Notice Statutes * Race-Notice Statutes

Answer 312

* Actual Notice * Constructive Notice * Inquiry Notice

Answer 313

* Voluntary Act * Intent * Causation

Answer 314

Harmful or offensive contact to the plaintiff’s person caused by the defendant with intent ## Footnote The defendant must be a substantial factor in bringing about the contact.

Answer 315

Causing reasonable apprehension of imminent harmful or offensive contact to the plaintiff’s person with intent ## Footnote The apprehension must be reasonable.

Answer 316

Confinement of the plaintiff within fixed boundaries, with awareness of confinement and intent ## Footnote The confinement must be within fixed boundaries.

Answer 317

Extreme or outrageous conduct causing severe emotional distress with intent or recklessness ## Footnote The conduct must be a substantial factor in causing the distress.

Answer 318

Physical invasion of the plaintiff’s real property caused by the defendant with intent ## Footnote The invasion must be intentional.

Answer 319

Interference with the plaintiff’s right of possession in a chattel, caused by the defendant with intent ## Footnote The interference must be significant but not necessarily total.

Answer 320

Serious interference with the plaintiff’s right of possession in a chattel, depriving them of its use, with intent ## Footnote The interference must be serious enough to warrant a claim of conversion.

Answer 321

The plaintiff’s valid consent to the defendant’s conduct can serve as a defense ## Footnote Consent must be within the boundaries of what was agreed upon.

Answer 322

A defendant is not liable if they reasonably believed they were protecting themselves or another with proportional force ## Footnote The belief in imminent harm must be reasonable.

Answer 323

Allows a defendant to enter onto the plaintiff’s land or interfere with property to prevent severe harm ## Footnote Under private necessity, the defendant must pay for damages; under public necessity, no liability for property damage.

Answer 324

* Duty to conform to a specific standard of care * Breach of that duty * Actual and proximate cause of injuries * Actual damages or loss

Answer 325

To all foreseeable plaintiffs who may be harmed by the defendant’s breach ## Footnote There are majority and minority views on the scope of this duty.

Answer 326

The default standard of care applied unless a special standard applies, measured by an objective standard ## Footnote It assumes average mental abilities and knowledge.

Answer 327

To that of a reasonably prudent child of similar age, experience, and intelligence, unless engaged in adult activities ## Footnote In such cases, they are held to an 'adult' standard.

Answer 328

The knowledge and skill of a member of the profession in good standing in similar communities ## Footnote This applies to various professional roles.

Answer 329

A national standard of care and a duty to disclose risks for informed consent ## Footnote Breach occurs if undisclosed risks are significant enough to affect consent.

Answer 330

A duty to warn potential victims of serious threats if the patient has apparent intent and ability to carry out such threats ## Footnote The potential victim must be readily identifiable.

Answer 331

Varies depending on the status of the entrant: trespassers, licensees, and invitees ## Footnote The duty owed to trespassers is limited.

Answer 332

To warn of or make safe hidden dangers that pose a risk of death or serious bodily harm ## Footnote This duty only applies to artificial conditions known to the landowner.

Answer 333

No duty is owed to undiscovered trespassers ## Footnote They enter without consent and are not expected.

Answer 334

To warn of (or make safe) hidden dangers that pose a risk of death or serious bodily harm ## Footnote Applies only to artificial conditions that the landowner is aware of.

Answer 335

No duty owed ## Footnote Undiscovered trespassers enter without consent and are not expected by the landowner.

Answer 336

A person who lawfully enters the landowner’s property for her own purpose or benefit ## Footnote Examples include social guests.

Answer 337

To warn of (or make safe) hidden dangers that pose an unreasonable risk of harm ## Footnote Applies to both artificial and natural conditions that the landowner is aware of.

Answer 338

A person invited on the property for the owner's benefit or mutual benefit ## Footnote Example: a customer shopping in a store open to the public.

Answer 339

To reasonably inspect the land for hidden dangers and make them safe ## Footnote This applies to both artificial and natural conditions.

Answer 340

A landowner owes a duty to child trespassers regarding artificial conditions on the land ## Footnote Conditions must be where children are likely to trespass and pose an unreasonable risk.

Answer 341

1. Plaintiff is in the class meant to be protected by the statute 2. Plaintiff suffers harm the statute was designed to protect against.

Answer 342

The thing speaks for itself ## Footnote Applied when negligence is obvious from circumstances.

Answer 343

Injury would not have occurred but for the defendant’s breach ## Footnote This establishes a direct link between the breach and the injury.

Answer 344

Injury was a foreseeable result of the defendant’s conduct.

Answer 345

Defendant is liable for all harm suffered by the plaintiff, even if preexisting conditions aggravate the harm.

Answer 346

1. Employer-employee relationship exists 2. Tort occurs within the scope of employment.

Answer 347

Negligence of one partner can be imputed on others if committed within the scope of the business's purpose.

Answer 348

1. Threat of physical impact caused by defendant's negligence 2. Plaintiff within the 'zone of danger' 3. Emotional distress from the threat.

Answer 349

1. Defendant negligently inflicted bodily injury to another 2. Plaintiff closely related to the injured person 3. Plaintiff present at the scene 4. Plaintiff personally observed the injury.

Answer 350

Each party is independently liable for the full extent of the damages stemming from the tortious act.

Answer 351

Contributory negligence bars recovery if the plaintiff's negligence contributed; comparative negligence limits recovery based on the plaintiff's fault.

Answer 352

Defendant is liable for damages regardless of negligence.

Answer 353

Owner must know or have reason to know of the animal's dangerous propensity.

Answer 354

1. Inherently dangerous 2. Inappropriate location 3. Virtually impossible to make safe 4. Little value to the community.

Answer 355

1. Product was defective 2. Defect existed when product left defendant’s control 3. Defect caused injury when used as intended.

Answer 356

Product deviates from its intended design and fails to conform to the manufacturer’s design.

Answer 357

1. Consumer expectation test 2. Risk-utility test.

Answer 358

1. Plaintiff not warned of risks 2. Risks not obvious to ordinary user 3. Designer/manufacturer aware of risks.

Answer 359

Any person foreseeably injured by a defective product.

Answer 360

1. Publication of a false statement 2. Concerning the plaintiff 3. Causing damage to reputation.

Answer 361

Actual malice ## Footnote They must show the statement was made with knowledge of its falsity or reckless disregard for the truth.

Answer 362

Distribution of property that does not pass by will according to state intestacy statutes.

Answer 363

Entitled to the same share as biological children.

Answer 364

Children who share one parent but not the other ## Footnote Treated equally as whole-blood children in most states.

Answer 365

1. In writing 2. Signed by the testator 3. Signed by at least two witnesses.

Answer 366

A handwritten will that is not witnessed.

Answer 367

Most states have abolished the common law rule, allowing interested witnesses to validly witness the signing of a will. ## Footnote In a minority of states, interested witnesses forfeit their inheritance unless two disinterested witnesses also serve.

Answer 368

A handwritten will that is not witnessed, valid only if signed by the testator in states that recognize it. ## Footnote It must contain operative words sufficient to devise property.

Answer 369

* The testator intended the document to be part of the will * The document was physically present at the time of the will’s execution

Answer 370

The incorporation of extrinsic documents into the will if: * The testator intended to incorporate the document * The document was in existence at the time the will was executed * The document is sufficiently described in the will

Answer 371

* A subsequent written instrument executed solely for revoking the prior will * A subsequent will containing a revocation clause or inconsistent provisions

Answer 372

Revocation occurs if the testator or another burns, tears, obliterates, or destroys the will with intent to revoke. ## Footnote Under common law, cancellation words must physically touch the will's wording.

Answer 373

When marks of cancellation on a will are found, a presumption arises that they were made by the testator to revoke, with the burden on the opposing party to prove otherwise.

Answer 374

Under DRR, a valid revocation may be ignored if the testator was under a mistaken belief regarding reviving an earlier will.

Answer 375

The devise lapses into the estate’s residue unless an anti-lapse statute preserves it for the beneficiary’s descendants.

Answer 376

It allows devises to vest in the descendants of a predeceased beneficiary who is a blood relative of the testator.

Answer 377

If the specific devise is not in the estate at the time of death, it fails unless the testator intended otherwise. ## Footnote The beneficiary may receive replacement property or a monetary equivalent.

Answer 378

They bar a person who feloniously kills the decedent from claiming a share of the decedent’s estate.

Answer 379

* Be in writing and signed * Describe the interest being disclaimed sufficiently * Be delivered or filed

Answer 380

It occurs when beneficiaries are entitled only to the net value of estate assets after debts, expenses, and taxes are paid.

Answer 381

Under common law, stock dividends are considered separate from the shares received through a specific devise.

Answer 382

If a member predeceases the testator, her share is split among the remaining members of the class.

Answer 383

A child intentionally omitted is not entitled to a share of the decedent’s estate.

Answer 384

A child who is unintentionally omitted from a will and entitled to a share as if the testator died intestate.

Answer 385

* The nature and extent of the property * The natural objects of the testator's bounty * The disposition being made of the property

Answer 386

It occurs when a person exerts control over the testator, overcoming their free will. ## Footnote Contestants must prove the testator was susceptible and the wrongdoer had opportunity and participated in drafting.

Answer 387

It involves the trustee holding legal title while the beneficiary holds equitable title.

Answer 388

* Settlor * Trustee * Beneficiary

Answer 389

* Settlor's intent to create the trust * Trust property exists * An ascertainable beneficiary * A trustee is designated * All parties comply with formalities

Answer 390

A trust is irrevocable unless the settlor expressly retains the right to revoke or amend it.

Answer 391

It is created through provisions of the settlor’s will and comes into existence upon the settlor's death.

Answer 392

Creditors have no greater rights than the beneficiary; they cannot reach the principal but may reach interest income.

Answer 393

It allows modification of a charitable trust's terms to achieve the settlor's original intention if carrying out the purpose becomes impracticable.

Answer 394

* The trust is revoked or expires * The material purpose is satisfied or becomes unlawful * Unanimous agreement by settlor and beneficiaries * Value of trust property is too low for administration

Answer 395

* Manage trust property for beneficiaries' benefit * Administer the trust in good faith

Answer 396

To exercise care and skill as an ordinary prudent person would with their own property.

Answer 397

It applies to transactions intended to create a security interest in personal property or fixtures.

Answer 398

* Goods * Consumer Goods * Inventory * Accounts

Answer 399

* Valid security agreement exists * Debtor possesses rights in collateral * Creditor extends value to debtor

Answer 400

* Filing a financing statement * Taking possession * Automatic perfection

Answer 401

Taking possession of negotiable documents, goods, instruments, or money ## Footnote This method is known as perfection by possession.

Answer 402

* A purchase-money security interest in consumer goods * An assignment of accounts that does not transfer a significant part of the assignor’s outstanding accounts ## Footnote Automatic perfection simplifies the process for certain security interests.

Answer 403

A perfected security interest has priority over a conflicting unperfected security interest in the same collateral ## Footnote This means that secured parties with perfected interests are favored in cases of collateral disputes.

Answer 404

The first to file obtains priority ## Footnote This emphasizes the importance of timely filing for secured parties.

Answer 405

False ## Footnote Knowledge does not impede the ability to file for priority.

Answer 406

* A person who buys in good faith * Without knowledge of a violation of a third party's security interest * From a seller in the business of selling goods of that kind ## Footnote This definition protects buyers from previous security interests.

Answer 407

* Without knowledge of the security interest * For value * Primarily for personal, family, or household purposes * Before the filing of a financing statement ## Footnote These conditions provide significant protection to consumers.

Answer 408

* A security interest held by the seller to secure payment * A security interest from a person that gives value to a debtor for acquiring rights in collateral ## Footnote PMSIs typically have priority over prior perfected security interests if properly executed.

Answer 409

If the PMSI is perfected at the time the debtor receives possession of the collateral or within 20 days thereafter ## Footnote This rule ensures timely perfection for PMSIs.

Answer 410

The right to repossess collateral without judicial process, as long as there is no breach of the peace ## Footnote This right allows secured parties to reclaim collateral efficiently.

Answer 411

* Sell * Lease * License * Dispose of collateral in a commercially reasonable manner ## Footnote These actions provide flexibility for secured parties to recover their interests.

Answer 412

* Actual damages * Statutory damages * Judicially mandated disposition of the collateral ## Footnote These remedies protect debtors' rights under Article 9.

Answer 413

* Fulfill all obligations secured by the collateral * Pay reasonable expenses and attorney fees ## Footnote Redemption allows debtors to reclaim their collateral before it is disposed of.

Answer 414

* If surplus, the secured party must pay the debtor * If deficiency, the obligor is liable for the amount ## Footnote This outlines the financial implications for both secured parties and debtors after collateral disposition.

Untitled Deck Flashcards

(439 cards)