July 2015 CA essay Forum

[hyc9598]

Although passengers may be subject to warrantless canine searches at airports or other border type locations, the detention must be brief.

[LawJunky]

The law charges a subsequent claimant with constructive notice of all prior conveyances affecting the subject property that have been properly recorded.

A license is a protected property interest that cannot be taken away without procedural due process.

The law will charge a subsequent purchaser of constructive notice of a recording if the deed has been recorded in the chain of title. A deed which is outside the chain of title may be properly recorded, but a bona fide purchaser from the same seller will not have constructive notice of the prior deed, when the conveyance is outside the chain of title, and when the county uses a grantor - grantee index.

A license is simply permission to use the land of another and, unless made irrevocable by substantial reasonable reliance, does not rise to the level of a property interest protected by due process.

LJ

[hyc9598]

A government regulation that prohibits both protected and unprotected expression is considered overbroad and facially void.

[hyc9598]

The Erie Doctrine states that a federal court that hears a state law claim in a case based on diversity or supplemental jurisdiction must apply the substantive law of the state in which the court sits.

[hyc9598]

The tort of trespass to chattel requires an interference with the defendant's right of possession. In order for a party to recover for trespass to a chattel, the party must suffer actual damages, unlike nominal damages which are sufficient for trespass to land.

[LawJunky]

The tort of trespass to chattel requires an interference with the defendant's right of possession. In order for a party to recover for trespass to a chattel, the party must suffer actual damages, unlike nominal damages which are sufficient for trespass to land.

Hi HyC.

That's a good thing to know that nominal damages are not available in trespass to chattel. I confirmed your finding in my law outline, and was happy to be better enlightened.

Thank you.

LJ

[hyc9598]

Inquiry notice requires the buyer to make reasonable inquiries, and he is charged with knowing any information the inquiries would yield.

[hyc9598]

Preemptory strikes can be used for anything except gender and race.

[hyc9598]

Federal Rule of Evidence 704 provides that a witness may not provide testimony in the form of an opinion or inference as to an ultimate issue to be decided by the trier of fact. Expert testimony is meant to help inform the judgment of the trier of fact, not replace that judgment. Expert testimony will not be objectionable when it merely touches on the ultimate issue but cannot replace the judgment.

[hyc9598]

Section 2-601 of the Uniform Commercial Code creates the perfect tender rule, which provides that any goods at the time of delivery that do not conform to the contract may be wholly rejected, wholly accepted, or partially accepted. However, the UCC, Section 2-508, also allows a seller the right to cure the defect if the goods tendered are rejected at the time of delivery. Pursuant to this provision, the seller can notify the buyer that it intends to cure the defect and is permitted a reasonable period of time to do so.

[hyc9598]

Under the Collateral Order Doctrine, appellate review is authorized for an interlocutory order rendered by a trial judge that conclusively determines the disputed question, resolves an important issue completely separate from the merits of the action, and is effectively un-reviewable on appeal from a final judgment. If the trial court's decision would destroy a right of the party, an appeals court would be able to review it.