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Separation of Powers
Arrival I, II & III, Equal Ground, Horizontal Concept
The doctrine that holds that the legislative, executive, and judicial branch of the government function independent of one another and that each branch serves as a check on the others. Equal ground horizontal concept
A term used to describe the vertical aspect of the separation of powers. The coexistence of a federal government and the various state governments, with each having responsibilities and authorities that are distinct but overlap, is called federalism. Vertical concept.
Article VI of the U.S. Constitution, which states that the institution, laws and treaties of the U.S. shall be the "supreme law of the land" and shall take precedence over conflicting state laws. Vertical concept.
If the federal government acts on a law it is preemptive.
A condition when a federal statute or administrative rule governs an issue to the extent that a state or local government is prohibited from regulating that area of law.
- Impairing the obligation of contracts between states.
- Does not aptly to federal government.
Legislatures over reaches in rules or laws.
The publication of anything injurious to the good name or reputation of another.
- Libel- recovery of damages as a result of printed defamation in character.
- Slander- recovery of damages as a result of oral/spoken defamation of character.
The right to know the charges against you, who is suing you, when is the court date. Notice
- Treated equally unless there is a sufficient justification for the unequal treatment.
- Handicapped parking
- Good credit/ bad credit
- Minimum rational- good reason for the government's action
- Strict scrutiny- compelling state interest, constitution fundamental right, or suspect right.
- Quasi-strict scrutiny- any classification directed at gender.
On Land or attached to land
Everything else (not land)
The legal right to exclude others from resources that were originally acquired w/o force, theft, or fraud.
Have the right to use the proper authority to keep others from your property
Exchange for property
Property is Absolute but not infinite
Under communism- shared evenly
Your property- the right to exclude others. Capitalism.
Property generates prosperity
Selling what's on your property, trees, flowers, water ect.
Right of passage to crossover land
Adjoining land owner cannot do anything that would cause your land to cave in or collapse.
Easement by necessity/ natural easement
Landlocked landowners use common land/road to get to a main road.
- Exchange resources- money for watch
- The bank gets a mortgage you get the property
Rule of first possession
The person who first has possession
Adverse Possession (5)
- Open & notorious- have to be seen
- Actual & exclusive- have to be there
- Continuous- must stay on property
- Wrongful possession- does not have permission
- Prescribed period of time- number of years 10-20 yrs.
- Ownership through confusion, the exact object that are mixed.
- If done maliciously the person in the right wins, if done unintentionally split evenly.
- If done in agreement with predetermined amounts each get amount put in.
Diner intends to make the gift by physical transfer to be done.
Gift made through a will after death
The maximum bundle of rights, or estate, permitted by law.
Agreement in words
Actions, conduct of parties
Can be enforced in court, has the 5 elements
Nonperforming party has a justifiable reason for noncompliance.
Lacks an element it is not enforceable
Capable of being declared a nullity through otherwise valid.
Property arrangement, mutual benefit for both parties
For the sole benefit of the bailor.
For the sole benefit of the bailee
The government constitutional power to take someone's property for public use upon just compensation
- Must have all 5 elements
- -lawful purpose
- Unilateral- 1 person promises to do something when something else is done.
- Bilateral- I will pay for .... I get.... exchange of promises
A property that grants land ownership of the lifetime of a specified person
The property rights granted to tenants by a landowner.
When one person dies, the other person becomes sole owner (spouse)
Tenancy in common
Sibling dies, then passes to child. (not split among the other siblings)
Document and title that transfers ownership
Parties have performed their promise
Parties have not performed their agreement
- Offeror- person making the offer
- Offeree- person given an offer
Mirror image rule
The acceptance must mirror the terms and conditions of the offer.
Acceptance is effective once it is sent. On your computer when "sent" is hit.
The receipt of a legal benefit or the suffering of a legal detriment. You give me something if I do something
Contractual agreement to a contract. Silence is NOT acceptance.
- Mental ability
- -Mentally incompetent
Parole evidence rule
No evidence that contradict the written contract may be presented in court.
Something must take place in the future before a party has a duty to preforms.
Excuses contract performance if some future event takes place
The transfer of goods from seller to buyer
Person who gives agent authority
Given to act on behalf of the principal
Sale of Interest of Land
Land sales must be written
Collateral promise to pay another's debt
Must be in writting
Cannot be performed within one year
Must be in writing.
Sale of goods of $500 or more
Must be in writing
Credit of beneficiaies
I owe Susie, and Tom owes me, I have Tom to pay Susie
I'm making a gift to Tracy, Karen is going to provide the gift. If Karen does not provide the gift, Tracy does not sue me she sues Karen.
Does not work exclusively for one person. Lawyer, doctors, plumbers, ect.
Liability depends on if the agent was acting in the scope of employment
Outside the scope of the agency employment. (wiling in the streets)
Slight deviation from assigned route
Torts with the desire to bring about certain results
Immediate apprehension of injury lack of physical safety
Physical contact that is not consented to and is offensive
- Slander- oral defamation
- Libel- written defamation
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