Summary MBE In-class activity

MBE In-class activity Variance - A waiver of some restriction that the applicable zoning act would otherwise impose. Basically, this allows a proposed use that is inconsistent with a parcel's zoning. Doctrine of amoritization - Provides that where a particular use was valid under the prior zoning act, but is invalid under a newly-enacted zoning act, the non-nonconforming use may continue, but only for a specified period that will permit the owner to recover, or "amortize" her investment. For instance, a zoning act might provide that any use that was previously legal but is now illegal in a particular district must be terminated within 5 years of the adoption of the new act. (So, the amortization doctrine is a way to phase out a non conforming use, not a method of allowing a non-conforming use like a variance. Option to Purchase - An option to purchase is subject to R.A.P. Traditional Rule on splitting - Interest= Life Tenant Principal=Remainder Life tenant and Remainderman Obligations - A life tenant has the obligation to pay all current charges, including property taxes, interest and the cost of maintenance. However, the life tenant's obligation to pay current expenses is limited to the income produced by the land, such as rents that could have been obtained... So, if $0 in rent, life tenant obligation is $0. Speech by Government Employees - General Rule: Government employees cannot be hired or fired based on political party, political philosophy or any act of expression. However, they can be fired for disrupting the workplace or not doing their jobs. Exception: The general rule does not apply to confidential advisors or policy-making employees. (e.g. the President's cabinet officers) Campaign Resources - The Supreme Court has consistently rejected "equalization" of campaign resources as a valid rationale for restricting campaign expenditures. (e.g. Congress passed the Millionaires' Amendment, which basically said that if your opponent spends a lot of his/her own money, then your contribution limit is automatically raised. The Supreme Court struck it down.) Dedication and acceptance - requires: (1) an intention on the part of the owner to dedicate; and (2) acceptance by the public. Under common law, no specific length of possession is necessary to constitute a valid dedication; all that is required is the assent of the owner, and the enjoyment by the public for such a length of time that the public accommodation and private rights would be materially affected by a denial or interruption of the enjoyment. Contract for lending money - The proper measure of damages, however, for breach of a contract to lend money is the additional cost of obtaining a loan from another lender. Defeasible fee Simple - One of the rights associated with a defeasible fee simple is the right to remove minerals and other resources from the land. The issue is whether a leasehold estate can assign its option to purchase while keeping the remaining terms of the lease - Options to purchase contained in a lease for years cannot be assigned separately from the lease. A tenant must assign their WHOLE interest or sublet their WHOLE interest. So a tenant cannot assign their option to purchase and retain all of the remaining terms of the lease. Double Jeopardy - While jeopardy does not attach until trial, actions short of a conviction or acquittal (for example, a mistrial) may bar retrial on double jeopardy grounds. Like dismissals, mistrials declared at the defendant's behest will not terminate jeopardy or bar re-prosecution. (So, I guess if the mistrial is not declared by the defendant then it bars retrial on DJ grounds) Search Incident to arrest - the police may search the interior of an automobile incident to an arrest only if: (1) the arrestee is still unsecured and may gain access to the interior of the vehicle or (2) the police reasonably believe that evidence of the offense for which the person was arrested may be found in the vehicle. Common law bigamy - At common law, bigamy is a strict liability crime, and a mistake of fact will not serve as a defense to strict liability crimes. In addition, mistake of law is, in general, never a valid defense. Insanity Defense and State Law - A state is not constitutionally required to recognize any form of an insanity defense. Although many states do, there is no constitutional requirement that states allow defendants to argue insanity. States can regulate who bears the burden to prove insanity, and even deny the use of the insanity defense altogether. Profit vs. License - A profit gives the holder a right to enter onto another's land for the purpose of removing some sort of natural resource. Rather than a license, a profit is a property right, and is thereby afforded all the usual statutory and constitutional protections associated with such rights. Therefore, a governmental taking will entitle the a profit holder to share in any condemnation award. Prayer and Bible readings in public Schools - Prayer and Bible readings in public schools violate the Establishment Clause. It does not matter whether participation is voluntary or involuntary. The Supreme Court has held that officially sponsored prayers as part of public high school commencement ceremonies, like the prayer at issue in this case, violate the establishment clause of the First Amendment. An option promise - An option promise, which makes an offer irrevocable during the time stated, requires consideration to be enforceable. Even if consideration is not furnished, however, the offer can be accepted by the offeree unless the offer lapses or the offeree receives notice of revocation by the offeror. Deposit and liquidated damages - A seller is entitled to keep a buyer's deposit as liquidated damages following the buyer's breach of contract, as long as that deposit was 10% of the sale price or less. When specific performance is no longer available - Although breach of a contract for real estate typically would entitle the buyer to specific performance, specific performance is not possible in this case because the property has been sold to the citizen. As a substitute for specific performance, the buyer may recover expectation damages, or damages that are intended to give the injured party the value of the promise. Damages to an injured buyer in a contract for the sale of real estate are usually measured by the difference between the contract price and the market value of the property as of the time that the buyer learned of the breach, plus any incidental or consequential damages