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B Law Final

Autor:   •  September 13, 2015  •  Course Note  •  485 Words (2 Pages)  •  1,012 Views

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B Law Final Exam Review

Criteria for determining whether an item is a fixture

What is Adverse Possession?

Easement Appurtenant

Easement by Proscription

Contract for deed vs. Mortgage

Rules Regarding:

Lost Property

Mislaid Property

Abandoned Property

Treasure Trove

Periodic Tenancy

Tenancy at Will

Tenancy at sufferance

Variance Vs. Non-conforming use

Artisan’s lien

Mechanic’s lien

Guarantor Vs. Surety

RCRA Vs. CERCLA

Distribution of decedent’s property under intestate laws

Holographic will requirements

Elements of a gift

Elements/Parties to a trust

Bailor’s duty of care regarding:

Mutual benefit bailment

Bailment for the sole benefit of the bailor

Bailment for the sole benefit of the bailee

Perfection of PMSI in consumer goods Vs. super perfection of PMSI in consumer goods

Perfection of PMSI in inventory vs. Perfection of PMSI in equipment

Proceeds vs. after-acquired property vs. floating lien

Security interest vs. financing statement, key purpose of each

Chapter 7 vs. 11 vs. 13 bankruptcy

Fair Debt Collection Practices Act

Criteria/basis for employer’s liability to third parties injured by employee

Criteria/basis for employer’s liability to third parties injured by independent contractor

Criteria/basis for employer’s liability to third parties injured by an agent

Express vs. implied vs. apparent authority vs. ratification

Indicia of apparent authority

Agent’s duty of loyalty; duty of accounting

Definition of and relationship of parties in joint venture vs. partnership

Risks of improper/ insufficient state filing of:

LP

LLP

LLLP

LLC

Liability of general partner vs. limited partner in traditional limited partnership

Extent of limited partner’s liability in traditional limited partnership

Impact of limited partner’s substantial participation in partnership decision-making

De Facto vs. Dejure corporate status

Articles of Incorporation vs. Certificate of Authority

Allocation of income vs. liability for expenses among general partners

Order of priority for payment of outstanding claims in partnership termination

Business Judgment Rule

Bases for piercing the corporate veil

PC vs. LLP vs. LLC

LLC vs. Corporation

Definition of security

Horizontal vs. Vertical agreements (anti-trust)

Shareholder’s Derivative lawsuit

Securities & Exchange Act of 1933

Securities & Exchange Act of 1934

ae

  • Degree of Annexation
  • Ease of Removal
  • Loss of Identity
  • Usefulness and adaptability as real estate
  • Acquisition of valid title, fee simple absolute to the property of another
  • Continuous
  • Hostile
  • Open and Notorious
  • Actual
  • Exclusive
  • Assists access
  • You buy property subject to any preexisting easements
  • Adverse possession of an easement
  • Contract for deed is rent-to-own, but no equity interest is kept if broken before term ends, can’t miss payments
  • Mortgage builds interest in real property, more lax about missed payments (1 or 2)
  • Finder has superior interest to the exclusion of the original owner if the owner claims within the statutory period of time
  • Statute of limitations begins to tow when property is turned in/proper procedure takes place
  • Owner of the premises where the proper teas laid has superior right of ownership
  • Gold/Silver/Paper Money concealed in the earth
  • Finder has right to ownership
  • Tenancy for some fixed period of time, continues until either party gives notice of termination
  • No stated duration
  • Ends when one party indicates that the tenancy should come to an end
  • Wrongful holdover by tenant
  • Landlord can have a lien on property in the room/car in the garage, etc. to pay for rent
  • Variance = permanent permission to not follow an ordinance, is rarely granted
  • Non-conforming use = temporary permission

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