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Rational Basis Test
Law is upheld if it is rationally related to a legitimate government purpose. (NOT a fundamental
right)
Challenger has the burden of proof to show no legitimate purpose.
Right to practice a trade or profession, right to physician-assisted death, right to education.
Intermediate Scrutiny
Law will be upheld if it is substantially related to an important government purpose.
Government has burden of proof.
Strict Scrutiny
Law will be upheld if the law is necessary to an actual compelling purpose.
Government has burden of proof.
Right to marry, procreate, custody of children, keep family together, control raising of children,
purchase and use contraceptives, travel, speech, association, religion.
Novation
Corporations
An agreement between the promoter, the corporation and the other contracting party that the
corporation will replace the promoter under the contract.
Articles of Incorporation must include:
, A PAIN
Authorized shares, Purpose, Agent, Incorporators, and Name of Corporation
Derivative Suit
When a shareholder sues to enforce the corporation's cause of action
Fee Simple Determinable
"To A for so long as..." "To A until..."
This estate is divisiable, descendible, and alienable, but subject to the condition always.
Possibility of reverter in the grantor
Fee Simple Subject to Condition Subsequent
"To A, but if X event occurs, grantor reserves the right to re-enter and retake"
Estate is not automatically ended, but it can be cut short at the grantor's option if the stated
condition occurs.
Right of Entry (must be expressly reserved)
Fee Simple Subject to Executory Interest
"To A, but if X event occurs, then to B"
A has fee simple subject to B's shifting executory interest.
B has a shifting executory interest
Just like Fee Simple Determinable, except if the condition is broken, the estate is automatically
forfeited in favor of someone other than the grantor.
Shifting executory interest = future interest
Voluntary or Affirmative Waste
Verified Answers!!
Rational Basis Test
Law is upheld if it is rationally related to a legitimate government purpose. (NOT a fundamental
right)
Challenger has the burden of proof to show no legitimate purpose.
Right to practice a trade or profession, right to physician-assisted death, right to education.
Intermediate Scrutiny
Law will be upheld if it is substantially related to an important government purpose.
Government has burden of proof.
Strict Scrutiny
Law will be upheld if the law is necessary to an actual compelling purpose.
Government has burden of proof.
Right to marry, procreate, custody of children, keep family together, control raising of children,
purchase and use contraceptives, travel, speech, association, religion.
Novation
Corporations
An agreement between the promoter, the corporation and the other contracting party that the
corporation will replace the promoter under the contract.
Articles of Incorporation must include:
, A PAIN
Authorized shares, Purpose, Agent, Incorporators, and Name of Corporation
Derivative Suit
When a shareholder sues to enforce the corporation's cause of action
Fee Simple Determinable
"To A for so long as..." "To A until..."
This estate is divisiable, descendible, and alienable, but subject to the condition always.
Possibility of reverter in the grantor
Fee Simple Subject to Condition Subsequent
"To A, but if X event occurs, grantor reserves the right to re-enter and retake"
Estate is not automatically ended, but it can be cut short at the grantor's option if the stated
condition occurs.
Right of Entry (must be expressly reserved)
Fee Simple Subject to Executory Interest
"To A, but if X event occurs, then to B"
A has fee simple subject to B's shifting executory interest.
B has a shifting executory interest
Just like Fee Simple Determinable, except if the condition is broken, the estate is automatically
forfeited in favor of someone other than the grantor.
Shifting executory interest = future interest
Voluntary or Affirmative Waste
