Certification Bar Exam-Multistate 2024/2025
Four conditions to create joint tenancy - //Time, title, interest,
possession
Tenancy at sufferance - landlord's options - //Sue to evict or
impose a new periodic tenancy
Tenant's duties at CL - //Duty to repair, duty to pay rent, duty to
not use property for illegal purposes, liability to third parties (in
tort)
Landlord's duties and warranties - //duty to delivery possession,
implied covenant of quiet enjoyment, implied warranty of
habitability, tort liability
Constructive Eviction Elements - //substantial interference, notice,
vacate
Tenant's remedies for landlord breach of implied warranty of
habitability - //move, repair, reduce or withhold rent, or remain
Easement by prescription requirements - //continuous, open and
notorious, actual, hostile
easement by implication requirements - //1. easement exists prior
to division of a single tract of land
2. common grantor's use is continuous and apparent
,3. use is reasonably necessary for enjoyment of the dominant
tenement, and
4. parties intended the ue to continue after division of the land
requirements for burden of covenant to run with land - //writing,
intent, touches and concerns the land, horizontal and vertical
privity, notice
requirements for benefit of covenant to run with land - //writing,
intent, touches and concerns the land, vertical privity
requirements for burden of equitable servitude to run with land
- //writing, intent, touches and concerns land, notice
requirements for benefit of equitable servitude to run with land
- //writing, intent, touches and concerns land
reciprocal negative servitudes created through implication if: -
//common scheme, notice
adverse possession requirements - //continuous for the statutory
period, open and notorious, actual and exclusive, hostile
land sale contracts must be: - //in writing, signed by the parties to
be bound, and articulate essential terms
land sale process - //contract, escrow period, closing, conveyance
,implied promises in land sale contracts - //promise to provide
marketable title
promise to disclose and make no material false statements
deeds requirements - //lawfully executed and delivered
general warranty deed covenants - //seisin, right to convey,
against encumbrances, quiet enjoyment, warranty, further
assurances
when character evidence is admissible in civil case - //character at
issue or prior acts of of sexual assault or child molestation in
cases for similar claims
methods of impeachment - //contradiction prior inconsistencies
statement; bias or interest; sensory deficiencies; reputation
and/or opinion of untruthfulness; prior acts of misconduct; prior
criminal conviction
competency qualifications - //personal knowledge; memory;
communication; sincerity
recorded recollection requirements - //1. W once had personal
knowledge of facts comprising the recorded recollection
2. document was written or adopted by W
3. W wrote or adopted the document when its contents were fresh
in W's memory
4. W's memory is insufficient to testify as to the document's
contents; and
, 5. document was accurate at the time it was made
lay opinion testimony requirements - //rationally based; helpful;
not expert
expert opinion testimony requirements - //helpful; qualified;
reasonable certainty; proper factual basis; reliable principals
reasonably relied upon
A/C privilege protected communication - //protected if: intended
to be confidential and made to facilitate legal services
physician patient privilege protected communication - //protected
if: made for purposes of obtaining diagnosis or treatment;
pertinent to diagnosis or treatment; and intended by the patient
to be confidential
common non-hearsay out of court statements - //statements of
independent legal significance; statements offered to show their
effect on the listener or reader; statements offered to show
speaker's knowledge; statements offered to show state of mind
non-hearsay exemptions - //admissions (judicial admissions;
adoptive admissions; vicarious admissions); prior inconsistent
statement given under oath; prior consistent statement; prior
statement of identification after perception
hearsay exceptions - unavailability required - //former testimony
exception; statement against interest; dying declarations;
