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Related Flashcards
Cards In This Set
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PRIVATE NUISANCE:
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A substantial and unreasonable interference with the use and enjoyment of real property.
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PUBLIC NUISANCE:
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An interference with the rights of the community at large
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PRIOR APPPLICATION DOCTRINE
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First party to make beneficial use of water from the water source is protected, regardless of whether the party is a riparian owner or not. Others may use whatever water is left in the stream or lake, but they may not diminish the water being used by the prior appropriation.
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RIPARIAN DOCTRINE
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natural uses (e.g. household consumption) prevail over artificial uses (e.g. manufacturing)
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Silence in response to an accusatory statement can be considered an implied admission if
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The party heard and understood the statement, was capable of denying the statement, and a reasonable person would have denied the accusation under the same circumstances --> silence is admissible nonhearsay as an admission by a party opponent
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Failure to reply to an accusation in a criminal case cannot be used as an implied admission of a criminal act
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Applies only if the accusation or statement is made by the POLICE
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5th A right against self-incrimination
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D cannot be compelled to testify against herself, applies only AFTER the initiation of a criminal proceeding. (If D makes statement prior to institution of criminal proceedings against him, answer choice with self-incrimination is wrong!)
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D on trial for murder, prosecution calls witness to testify that she was standing in parking lot and saw D drop gun in a garbage can. D's act =
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nonassertive conduct/alternatively, could be considered an admission by conduct. W’s testimony regarding D’s conduct= admissible b/c nonassertive conduct is not hearsay, and is admissible
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During nighttime, woman broke into house of victim with intention of stealing his diamond ring. When she could not find ring, she became angry, lit a match, threw it on victim’s bed and set mattress on fire. The flames destroyed bed and portion of the floor under bed. In a CL jurisdiction, woman is guilty of
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BURGLARY AND ARSON. She’s guilty of arson b/c she deliberately set a fire that, in addition to burning the mattress, also burned part of the dwelling house of another, namely the floor. She is also guilty of burglary b/c she broke and entered into the dwelling house of another during the nighttime to commit a felony. The fact that she was not successful in committing the crime she intended or that she in fact committed another felony is irrelevant to her guilt for burglary; it is the intent to commit a felony at the time of the breaking and entering that is critical.
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Question stem: If the jury finds for the manufacturer, it will be b/c: the misuse by consumer was not foreseeable.
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A manufacturer is liable for a defective product, even if P misuses it, as long as that misuse is foreseeable. Foreseeability in this case is an issue for the trier of fact. If jury finds that the misuse was not foreseeable, manufacturer will prevail.
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Ks for goods for $500 or more must be evidenced by a writing to be enforceable. 3 exceptions
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1. Specially manufactured goods unsuitable for resale in the seller’s regular course of business, Ks admitted in court, and Ks partially accepted (enforceable to the extent of the acceptance). [K was for $50,000 for 2 generators and it was oral. Buyer’s acceptance of the first generator for $25,000 constitutes part acceptance that makes buyer liable to the extent of the acceptance: $25,000.]
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Partial acceptance
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renders buyer liable only for the part accepted, not the entire K
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specially manufactured goods exception to UCC’s SOF:
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need all 3: 1.Goods must be specially manufactured for the buyer, 2.Seller must have started work on the goods or else entered into a commitment to purchase them from someone else, and 3.Goods must not be sellable in the seller’s ordinary course of business. [If goods not sellable, this exception does not apply!]
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When a subdivision is created with similar covenants in all deeds there is a mutual right of endorsement (each lot owner can enforce against every other lot owner) if 2 things are satisfied:
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1. A common scheme for development existed at the time that sales of parcels in the subdivision began; and 2. There was notice of the existence of the covenant to the party sued.
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Necessary and Proper clause
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gives authority to congress to legislate to protect federal parklands – allows Congress to choose any means to carry out its constitutional powers.
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