Shared Flashcard Set

Details

WA BAR
RANDOM ISSUES 2 - (from Bar Review Study Book)
53
Law
Professional
07/13/2009

Additional Law Flashcards

 


 

Cards

Term
LLC (HEAVILY TESTED)
Definition
HYBRID BTWN GP AND CORP KNOW ALL REQUIREMENTS REVIEW PAGE
Term
JT TEN W/RTS OF SURVIVORSHIP
Definition
PITS Unities: Possession - all have equal right to posess; Interest - each must have equal undivided interest; Time - each must acquire at same time; Source - Each must acquire from same source
Term
TRANSFER OF JT TEN INTEREST
Definition
GRANTEE BECOMES TEN IN COMMON (WA LAW PRESUMES TEN IN COMMON)
Term
RIGHTS AND LIABILITIES OF TIC
Definition
FAPS: Fair dealing duty; Accountabiltiy; Possession any and all portions of property; Share contribution = PARTITITION IS REMEDY FOR BREACH
Term
EASMENTS (TESTED ON EVERY EXAM)
Definition
KNOW WELL FROM OTHER CARDS
Term
IMPLIED GRANT AND NECESSITY
Definition
REQUIRES COMMON OWNERSHIP IN PAST
Term
OVERUSE OF EASMENT
Definition
NOT PERMITTED; INJUNCTION TO RESTRAIN; LOOK FOR NUISANCE
Term
EQUITABLE SERVITUDE
Definition
WRITING TO SATISFY SOF, INTENT TO RUN WITH LAND, TOUCH AND CONCERN LAND, NOTICE (NOT PRIVITY) REQUIRED; EQUITABLE REMEDY ONLY
Term
CONVENT AT LAW (LAND)
Definition
SAME AS EQUITABLE SERVITUDE EXCEPT PRIVITY REQUIRED AND LEGAL DAMAGES ARE REMEDY
Term
GOVT RESTRICTIONS ON LANDOWNERS
Definition
SEPA, ENVIRONMENTAL CHECKLIST; EIS, CHALLANGE W/IN 21 DAYS; ZONING AND DEVELOPMENT RULES: APPEARANCE OF FAIRNESS; REGULATION; NONCOFORMING USE; ZONING CHANGES=QUASI JUDICIAL - SPOT ZONING ILLEGAL IF HARM, BOARD OF ADJUSTMENT, CONDITIONAL USE, VARIANCE; VACATION -- APPEALS 20 DAYS
Term
JUDICIAL REVIEW
Definition
SERF: STANDING, EXHAUSTION, rIPENESS, fINALITY - MUST SHOW THAT DUE PROCESS (14TH) HAS BEEN VIOLATED BUT IN QUASI JUDICIAL, BORD OR AGENCY HAS BURDEN TO SHOW ACTION NOT ARBITRARY OR CAPRICIOUS (RATIONAL BASIS) AND THAT DECISION MAKER NOT BIASED)
Term
conveyanc of land fails - part performance in equity
Definition
PIP - Possession, Improvements (pay taxes); Payment - made substantial to seller.
Term
Statutory WARRANTY DEED elements
Definition
TAFED: Title of Seisen, grantor warrents right to convey in fee simple; Authority to convey; Free of encumbrances (zoning excepted); Enjoyment quiet - no legal challange by 3rd party; Defend buyer against adverse claims by 3rd parties.
Term
Buyer unaware of encroachment
Definition
if conveyed by Warranty Deed, violated marketable title requirement and B can seek damages.
Term
General Deed Requirements
Definition
SADD: SOF; Acknowledgment; Description; Delivery
Term
New House Warranty
Definition
Commercial seller warrants it is habitable. Condo broader
Term
Indian tribes
Definition
are soverign dependant nations within the United States
Term
PL 280
Definition
1953 Federal Statue that allowed partial transfer of some Federal Civil and Criminal jurisdiction over Indian tribes to States. Under PL 280 WA assumed partial jurisdiction, There is a question regarding tribes recognized after 1968. The general rule is that States have no authority over Indian tribes.
Term
State regulation of non Indians on Reservation
Definition
Can do unless preempted by Fed Statute; minor traffic is regulatory
Term
Suit by non Indian against Indian for tort on WA reservation
Definition
under PL 280 can bring in State court; WA laws of general applicability apply. Also could sue in Tribal court.
Term
Major Crime committed by Indian on Reservation
Definition
Tribal and State Court (PL 280)concurrent jurisdiction, no double jeapordy, both can try; Tribal court limited to one year in jail and $5,000 fine.
Term
Special Warranty Deed
Definition
"bargains, sells and conveys (similar to Bargain and Sale deed; courts will sometimes impose where language in Kt is not specific about a warranty deed; the EM KT merges into the deed at closing, but ct may enforce not inconsistant terms of EMKT after closing.
Term
If exam q refers to a "normal or standard" deed
Definition
State that you assume it to be a Statutory Warranty Deed and discuss SADD and TAFED
Term
Deed Recording
Definition
WA is a "RACE NOTICE" State; First BFP, WITHOUT NOTICE OF PRIOR CONVEYANCE, TO RECORD WINS - Burden on holder of prior unrecorded instrument to prove the subsequent purchaser had sufficint inquiry notice to prompt a reasonable person to make an investigation
Term
Adverse Posession
Definition
ECHO - Exclusive, Continuous, Hostile, Open and Notorious
Term
Mortgage forclosure
Definition
Judicial process; no right to reinstate; No minimum time after default; deficiency jdmt; right of redemption - 8 or 12 months
Term
Deed of Trust
Definition
no judicial process; reinstatement right up to 11 days prior to sale; minimum time after default 190 days; no deficiency jdmt; no right of redemption
Term
Land Sale Contract Forclosure
Definition
Judicial process not required, but may be used; right to reinstate up to date of sale; minimum 90 days after default; no deficiency jdmt; no right of redemption
Term
Notice to pay or vacate
Definition
3 days Residential; 10 days commercial notice hand served, posted on premisis and copy sent to mail to mailing address; left with person of suitable age at premisis.
Term
RLTA REPAIR NOTICE (HT)
Definition
IN WRITING: WATER, HEAT, HAZARD, ELECTRICITY - 24 HOURS; APPLIANCES AND PLUMBING - 72 HOURS; OTHERS 10 DAYS (UNLESS DEFECTIVE CONDITION CAUSED BY T)
Term
RTLA IF LL FAILS TO REPAIR
Definition
MOVE OUT (NOTICE IN WRITING - IF CONSTITUTES CONSTRUCTIVE EVICTION); RAD (AMOUNT DEPENDS ON WHETHER OR NOT KTR HIRED OR T DOES IT HIMSELF - IF HIRE KTR, T CAN DEDUCT UP TO ONE MONTHS RENT A MAX OF TWO TIMES IN 12 MONTHS; IF DO IT SELF, ONE HALF MONTH'S RENT, 2X 12 MO.; ALSO COULD SEEK JUDICIAL DERTERMINATION
Term
RLTA NOTICE OF LL ENTRY
Definition
2 days; certain illegal activity (drugs, gang, prostitution, arrests)- 0 days notice to quit
Term
sale of abandoned prop.
Definition
COMMERCIAL REAS TIME AND NOTICE; RLTA, 30 DAYS AFTER VACATING
Term
OTHER LL OBLIGATIONS
Definition
DEADBOLT LOCK; CHECK LIST; TRUST ACCOUNT FOR DEPOSITS AND INFORM T WHERE IT IS. 14 CALANDAR DAYS TO REFUND DEPOSIT WITH ITEMIZATION OF DEDUCTIONS OR IF LATE OR NO CHECKLIST LL HAS TO REFUND WHOLE DEPOSIT
Term
GIFTS
Definition
PROMISE TO MAKE GIFT NOT ENFORCEABLE; GIFT REQUIRES DELIVERY; ONCE DELIVERED TITLE PASSES; GIFTS CAUSA MORTIS ARE REVOKED IF DONOR SURVIVES; COMMUNITY PROPERTY GIFT REQUIRES JOINDER, BUT BONA FIDE SALE OF COMMUNITY PERSONAL PROPERTY DOES NOT REQUIRE JOINDER EXCEPT HOUSEHOLLD GOODS, BUSINESS ASSETS IF BOTH SPOUSES WORK IN BUSINESS,
Term
BAILMENTS
Definition
FOR BEN BAILOR - GROSS NEGL OF BAILEE;
BEN BAILEE - MORE THAN ORD NEGL
MUT BEN; ORDINARY CARE THAT REAS PERS WOULD EXERCISE
PROF BAILEES - MUST RETURN IN SAME CONDITION; OTHERWISE REBUTTABE PREDUMPTION OF NEGL; EXCEPTION SELF PARK GARRAGE
Term
RAP
Definition
MORE THAN 150 YEARS, FROM TRANSFER OR DEATH.
Term
GOOD FAITH REQUIRED OF UCC MERCHANTS
Definition
MEANS HONEST IN FACT AND REASONABLE COMMERCIAL STANDARDS OF FAIR DEALING IN THE TRADE
Term
CONTRACTS OPENER
Definition
WA COMMON LAW OF CONTRACTS APPLIES, BUT THE COURT MAY APPLY A UCC ARTICLE 2 SALES PROVISION BY ANALOGY.
Term
IS THERE A CONTRACT? (know cold)
Definition
A bargained for exchange contract requires an offeror’s expression of definite terms, present willingness and intention to be bound, acceptance by the intended offeree before revocation, consideration in the form of benefit to the promisor or detriment to the promisee, legal capacity of the parties, legal subject matter, and compliance with the SOF requiring a writing signed by the party to be charged.
Term
UCC Merchant offer
Definition
Almost any communication containing the quantity and a reasonable description of the goods will qualify as an offer under the UCC.
Term
UCC Acceptance
Definition
if specified in offer, controls, otherwise any reasonable manner, including actual shipment, UCC rejects the mirror image rule.
Term
FTC "cooling off" rights
Definition
If sale made in consumers home or at a place not the merchants place of business,(phone, email) the consumer is allowed 3 days to cancel and sales person must inform consumer of that right.
Term
Warranty types
Definition
express and implied; always discuss
Term
warranty limitations
Definition
replace and repair; - permissable; 3 C's
Term
WPLA does not cover:
Definition
good sold by pvt party; or used goods; mention coverage by FTC enforcement of consumer rights under Federal law
Term
non conforming goods accepted - what does buyer pay? (MOST IMPORTANT)
Definition
contract price, but if defective, may deduct reasonable damages if he gives seller notice OF INTENT TO DEDUCT
Term
OPEN PRICE TERM
Definition
IF BUYER ACCEPTS, MUST PAY REASONABLE PRICE; OTHERWISE RETURN AND SELLER MUST REFUND ANY PART OF PURCHASE PRICE PAID
Term
RISK OF LOSS
Definition
CL ON DELIVERY; UCC BETWEEN MERCHANTS SAME; NON MERCHANT SELLER; RISK PASSES ON TENDER OF DELIVERY - IF NO DELIVERY ADDRESS SPECIFIED, ONLY CARRIER, RISK PASSES ON DELIVERY TO CARRIER.
Term
UCC REMEDIES (HEAVILY TESTED)
Definition
1. REJECTION AND SELLERS RIGHT TO CURE; B MUST STATE REASON; 2. PERFECT TENDER RULE, HIGHER THAN CL - B MAY ACCEPT PART AND REJECT REST W/IN REAS TIME OF RECEIPT; 2. LIQUIDATED DAMS CLAUS, OK, BUT NOT FOR TORT; 3 DEPOSIT RETENTION - S MAY RETAIN SMALLER OF 20% OF K OR $500 OF B'S DEPOSIT; DIVISIBLE Ks - ASSUMED ONE K, UNLESS CLEARLY SEPARATE; 4 ANTICIPATORY REPUDIATION (MENTION ASSURANCES IF AR REVOKED) 5 INSTALLMENT SALES, NON CONFORMING SHIPMENT MUST BE ACCEPTED IF S GIVES ASSURANCE OF INTENT TO CURE; 6. DUTY TO MITIGATE, A PARTY CANNOT RECOVER DAMS THAT COULD HAVE BEEN REASONABLY AVOIDED; IF B BREACHES, S MAY RESELL THE GOODS AT HIGHTRST POSSIBLE PRICE; IF DELIVERED TO B, B MUST WAIT FOR INSTRUCTIONS
Term
NON CONFORMATY DEFENSE TO K (UCC)
Definition
NOT ALLOWED WHERE B FAILED TO PROVIDE A DEFECT ITEMIZATION AFTER SELLER'S WRITTEN REQUEST
Term
MERCHANT BUYER AND RESALE OF PERISABLE OR DECLINING VALUE
Definition
REJECTING K B MUST MAKE REASONABLE EFFORTS TO SELL GOODS FOR THE s'S ACCOUNT, B MAY COLLECT SALE EXPENSES AND A SELLING COMMISSION NOT TO EXCEED 10%
Term
END OF THESE CARDS START NEW
Definition
Supporting users have an ad free experience!