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Posts Tagged ‘Federal Jurisdiction Exam Checklist’

Real Property Checklist

REAL PROPERTY ROAD MAP

Big Three Interests in Land

1. Estates – giving possession
2. Easements – giving right of use
3. Restrictive Covenants – restricting someone else’s use of their land

How do you get them, keep them, and …

AGENCY

1. RESPONDEAT SUPERIOR OR VICARIOUS LIABILITY

1. 2-Part Test

1. 1. A principal will be liable for the torts committed by an agent if:
    1. A principal-agent relationship exists; AND
    2. Agent committed the tort w/in the scope of that relationship.
1. Principal-Agent Relationship

WILLS

WILLS MINI OUTLINE

1. EXECUTION OF WILLS

1. Requirements for Execution of a Will

1. 1. Testamentary Capacity – T must be at least 18 and of sound mind
  2. Testamentary Intent – T must have a present intent that instrument operate as his

AGENCY MINI OUTLINE

1. RESPONDEAT SUPERIOR OR VICARIOUS LIABILITY

1. 2-Part Test

1. 1. A principal will be liable for the torts committed by an agent if:
    1. A principal-agent relationship exists; AND
    2. Agent committed the tort w/in the scope of that relationship.
1. Principal-Agent Relationship

CONFLICTS MINI OUTLINE

I. JURISDICTION

1. This may be tested in a conflicts question. In particular, be on the lookout for this in a recognition of judgments question as this is a full faith and credit requirement.

II. RECOGNITION OF JUDGMENTS

1. Threshold Question

CONSTITUTIONAL LAW

Part 1: Powers of the Federal Government

I. FEDERAL COURT JURISDICTION

1. Article III
  1. Federal judicial power extends to cases involving:
    1. Interpretation of the Constitution, federal laws, treaties, and admiralty and maritime laws; AND
    2. Disputes between states, states and

COMMERCIAL PAPER

1. OVERVIEW

1. Governance

1. 1. Article III – commercial paper is governed by Art. III of the UCC.
    1. Central Theme of Art. III – HDC RULE
      1. If an instrument is in a special form (called “negotiable”) and is transferred in a special way (by “negotiation”) to

COMMERCIAL PAPER MINI OUTLINE

I. TYPES OF COMMERCIAL PAPER

1. Notes – instrument where maker makes promise to pay the payee
  1. Two parties – maker, payee
  2. Maker is primarily liable
2. Draft – instrument where drawer orders drawee to pay payee
  1. Drawer is secondarily liable

…

AGENCY & PARTNERSHIP

1. THREE TESTABLE AGENCY PROBLEMS

1. Liability of Principal to 3^rd parties for torts of an Agent

1. Liability of Principal to 3^rd parties for Ks entered into by Agent
2. Duties which Agents owe to Principals

1. LIABILITY OF PRINCIPAL FOR

Crim Pro

1. Arrests, searches, seizures – THE FOURTH

1. Does the Fourth Apply?

1. 1. Has there been an intrusion upon a Reasonable Expectation of Privacy as viewed by society?
  2. Tech – not how, but what
  3. Standing – must be YOUR rights
    1. Do you have the right to exclude

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