Law Class Final

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shabazz704
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17918
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Law Class Final
Updated:
2010-05-10 08:26:10
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Final exam study guide
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Study guide for Chapt.
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  1. -Transfers a right of possession to a tenant who
    gives consideration (rent)
    -Both a conveyance and a contract
    -Required to be in writing per statute of frauds
    --Often only required if term is for more than a year a writing is required
    -Covenants: Promises in the lease to do or not do a certain thing
    Breach of covenant (money damages)
    -Conditions: Qualifications or restrictions upon the landlord or tenant
    --Failure of condition (forfeiture of the lease)
    ▪A binding contract, with reciprocal obligations between the landlord and tenant.
    Nature of a lease
  2. -Common areas
    -Habitability (safety hazards)
    -Invasion of privacy
    -Safety devices and protections from criminal activity or other tenants
    Landlord’s responsibility for the safety of tenants:
  3. -Limits the percentage that a landlord can
    raise the rent in a given period (one year lease renewal)
    -Has been constitutionally challenged by
    landlords as compulsory taking of private property (rent) without just
    compensation – determined that rent control is constitutional
    Rental Control
  4. -Flexibility to move
    -No maintenance, snow removal, etc.


    -Don’t need a big downpayment
    Advantages of Renting
  5. -Don’t build up equity
    -Don’t have stability of knowing you own the property
    Disadvantages of renting
  6. An eviction carried out by a landlord primarily for revenge, or
    retaliation, against a particular tenant who has in some way angered the
    landlord by reporting the landlord to a government agency about the condition of the premises
    Retaliatory eviction:
  7. -An agreement that can be enforced by a court
    -An agreement between competent parties; based

    on genuine assent of the parties; supported by consideration; made for a lawful
    objective and in the form required by law
    Definition of a contract
  8. A tenant who remains wrongfully and without permission after expired lease. Legal process
    required to remove tenant
    Tenancy at sufferance
  9. Tenancy for as long as
    both parties agree; no termination notice required
    Tenancy at will
  10. A promise usually implied from the landlord that
    others will not interfere w/the tenant’s right to occupy the premises
    Covenant of quiet enjoyment:
  11. subsidizes rent payments for poor tenants
    Housing and Urban Development (HUD)
  12. employee of landlord who acts under the direction of
    the landlord and whose actions may become legally binding on the owner
    Resident manager as agent of landlord:
  13. Landlord may sue tenant for accrued rent and damages. Damages may
    include the cost of repairs for physical damage to the premises, as well as the
    rent the landlord may have received if the tenant had completely performed the
    rental contract.
    Damages landlord can obtain from a tenant who abandons apartment:
  14. -A requirement that a landlord maintain
    livable premises for their tenants
    -Failure to provide habitable housing may

    allow a tenant to withhold rent, repair, sue landlord or vacate the premises
    Breach of warranty of habitability as defense by tenant:
  15. If landlord breaches a
    clause in the lease, tenant may be able to leave before the end of the lease
    Constructive eviction as defense to abandonment:
  16. -Sum of money collected by the landlord to secure
    tenant responsibilities
    -Includes any amount held to repair any damage
    caused by tenant, with the balance to be returned within a reasonable period of
    time
    -Landlord is expected to detail in writing any
    deductions kept from deposit
    Security deposit:
  17. a clause in the lease,
    that precludes a tenant from suing for damages caused by the landlord’s
    negligence
    Exculpatory clause in lease:
  18. -Summary court proceeding to provide a judgment
    of eviction
    -Right to return of premises (A landlord can use
    a written three-day notice (eviction notice)
    How does a landlord legally evict a tenant:
  19. the transfer of the full Un-expired term of the lease
    assignment
  20. transfer of less than the full unexpired term of a lease to subtenant.
    sublease
  21. -Projected expenses (what cash is due upon moving in)
    -Deposits (what is the disposition of all deposits at the end of a lease? Is a full refund possible?
    - Condition of Premises (rooms, walls, ceilings, appliances, what is considered ordinary wear and tear?
    -Safety (under what circumstance will landlord enter apartment & who has master keys?)
    -Rights and responsibilities (rules as in television and stereo use,swimming pool, parking, etc.)
    -In case of disputes (will , if any, be handled by ADR or by court
    action.)
    6 ways to for tenant to protect themselves
  22. -An agreement that can be enforced by a court

    -An agreement between competent parties; based
    on genuine assent of the parties; supported by consideration; made for a lawful
    objective and in the form required by law
    Definition of a contract
  23. Person who makes a promise
    Promisor:
  24. Person to whom a promise is made
    promissee:
  25. Contract terms are expressly agreed to either orally or in writing
    Express contract:
  26. Not a real contract but a situation where the courts will enforce
    contract-like liability to avoid unjust enrichment by one party
    Quasi contract:
  27. make the party whole.
    Compensation for loss of bargain due to defendant's failure to perform as promised.
    Compensatory damages
  28. Pre-agreed amount of
    damages as part of the contract which is enforceable if the contract if damages for the breach would be
    difficult to ascertain when the contract was formed and the amount is a
    reasonable forecast of damages caused by the breach.
    Liquidated damages:
  29. -(a promise for an act)
    -Contract is formed when one party
    finishes requested performance. Performance is acceptance
    Unilateral contract:
  30. (a promise for a promise.)
    -Contract is formed when parties

    obligate themselves to future conduct.
    Contract is formed before either party performs
    Bilateral contract
  31. -Either party may rescind (i.e., cancel or annul
    the contract without liability)
    Mutual mistake of a material fact;
  32. -All 50 states and the federal government have adopted parts of
    the UCC. Louisiana has not adopted important sales provisions
    -The UCC applies if a transaction is a sale or lease of goods




    --Tangible personal property
    --Not real property



    --Not services
    --Not intangible property (e.g.,money, securities)
    UCC (Uniform Commercial Code):
  33. A
    knowing false representation of a material fact, made through words or conduct,
    with intent to deceive a victim who is thereby induced to contract to his or
    her injury
    Fraud:
  34. Requires full disclosure to borrowers or
    consumers of the cost of credit
    Consumer Credit Protection Act of 1968
  35. (Implied warranty) This is an extremely important warranty, promising that the goods are fit for the ordinary purposes for which such goods are used
    warranty of Merchantability
  36. Requisite of a Valid Contract

    -The price or inducement to convince another
    to create a contractual obligation
    -A special reason why a promise should be

    enforced:
    --Concept originally included several reasons why promises should

    be enforced but through the years has merged into a single theory.
    -Implicit understanding that courts and

    lawyers should not become involved in every promise we make to one another
    Consideration
  37. -Competent Parties

    -Mutual agreement

    -Consideration

    -Genuine Assent

    -Legal in formation and execution

    -Form prescribed by law
    Requisites of a Valid Contract
  38. -Obligation often continues even
    if marriage is dissolved - spousal support = alimony
    --Can be rehabilitative or permanent
    Alimony
  39. -Obligation of Support: Marital relationship expects that each spouse
    will provide general support to the other and the children of the marriage
    Child Support
  40. Dissolution of Marriage, ends a marriage but not necessarily terminate spousal responsibilities.
    requires court proceeding in which a judgement or decree in dissolution is rendered.
    Divorce
  41. made prior to marriage,
    concerning how marital property will be divided in case of a divorce
    prenuptial agreement
  42. The bond formed when a man and a woman live together in the manner of a husband and a wife for the number of years prescribed by stat law, though w/out
    observing the legal formalities of marriage, only in some states.
    Common law marriage:
  43. -Tests
    to determine father resulting in support; Legitimacy child enjoys rights and sometimes duties, possesses rights of inheritance and typically carries father's surname.
    Paternity
  44. Court systems to protect minor children as well as the public in such
    situations. Alternative to criminal courts through court of equity
    Juvenile court:
  45. Parents must exercise reasonable care, supervision, protection, and
    control over their minor children. Willful failure to do so may be a crime.
    Parents’ responsibility for acts of child:
  46. failure to exercise reasonable care, supervision and control over minor
    children
    • Parenting Negligence:

  47. Unmarried couples who live together and seek economic and non-economic
    benefits available to married couples
    Domestic Partnership:
  48. Contracts:
    Enforceability – artificial insemination followed by relinquishment of maternal
    rights to child
    surrogacy
  49. Status of
    abortion laws first trimester
    abortions are legal under constitutional right to privacy
    Roe v. Wade
  50. there is no constitutional right for a woman to live their lives during
    pregnancy in such a way that their future children predictably will be
    harmed. No Drugs or Alcohol
    Responsibility of pregnant woman to fetus:
  51. Law governing creation and dissolution of marriage;
    Divorce or No-fault divorce
  52. Termination of marriage
    Divorce

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