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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 …

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AGENCY

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

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WILLS

WILLS MINI OUTLINE

 

    1. EXECUTION OF WILLS
    1. Requirements for Execution of a Will
      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

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AGENCY MINI OUTLINE

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

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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

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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 foreign

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COMMERCIAL PAPER

    1. OVERVIEW
    1. Governance
      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

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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

 …

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AGENCY & PARTNERSHIP

    1. THREE TESTABLE AGENCY PROBLEMS
    1. Liability of Principal to 3rd parties for torts of an Agent
    1. Liability of Principal to 3rd parties for Ks entered into by Agent
    2. Duties which Agents owe to Principals

 

    1. LIABILITY OF PRINCIPAL FOR

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Crim Pro

    1. Arrests, searches, seizures  THE FOURTH
    1. Does the Fourth Apply?
      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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