Week 9 Flashcards
Article 4 clauses generally:
- Full Faith and Credit clause
- Privileges and immunities
- Property clause
- Guarantee of republican form of gov.
Article 4 Property clause:
Congress has absolute power over fed. owned land and territories.
- including the power to prohibit the destruction or removal of wild animals living thereon.
A TRO can be issued without notice ONLY IF: (2)
- the movant files an affidavit or verified complaint showing they will suffer Immediate and irreparable harm,
AND - The movant’s attorney certifies in writing any efforts made to give notice and why notice is not required.
Bills of attainder:
Prohibited laws that punish specified persons - or easily identifiable group - without trial.
Laws that apply to all persons are not bills of attinder.
Co-Tennant who buy back co-owned property at tax or foreclosure sale take the property subject to:
What must the other tenant do to avoid forfeiting their interest?
Takes subject to the other co-tennants interest.
But the other co-tennant must contribute their proportionate share of the purchase price w/n a reas time to avoid forfeiting their interests to the purchasing co-t.
Assortment of goods UCC contract, considerations.
If the buyer fails to timely select the assortment of goods for delivery and the delay materially impacts the performance, then the seller can:
- proceed in any reas. manner OR
- treat the failure as a breach.
FRCP 12 Motions include:
12(b): Motion asserting specific defenses.
12(c): motion for judgement on the pleadings.
12(e): motion for more definite statement in pleading.
12(f): motion to strike insufficient def. or inmaterial matter from pleading.
Post trial juror testimony is admissible if it concerns (3)
- extraneous prejudicial info brought to juries attention.
- outside influence brought to bear on juror.
OR
- a mistake made in entering the verdict onto the verdict form.
Direct burdens on religion are subject to: xxx
But incidental burdens (applying for any reason) are subject to: xxx
Direct= Strict scrutiny
Incidental= rational basis.
Shifting v. Spring Executory interest
fill in
Can a single P aggregate his claims against a single D - even if those claims are unrelated to reach the amount in controversy requirement?
Yes
If a Plaintiff in fed civ case knows that the D did not receive notice through service of process, what must the P do?
The P must take additional reasonable steps to provide notice.
What is a right of survivorship?
The joint tenants interest disappears upon his/her death and the remaining joint tenants interests automatically expand to absorb it.
Upon a joint tennats death what occurs.
A JT’s interest disappears upon his/her death and the remaining (surviving) JT’s interest automatically expand to absorb it (ie, right of survivorship).
Therefore, a JT’s interest cannot be devised.
Define constructive condition precedent, effect on duty?
Each parties performance is conditioned on other party’s performance.
If either party fails to substantially perform, the other party’s duty is excused.
Can equitable title pass through a will?
Yes, a person with equitable title in a property (eg. paid full sales price for a property) can pass equitable title through their will to a third party who can then obtain legal title at closing and when the dead is delivered.
