Outlines Page

Crim Law Review -> Receiving stolen property: D must know that property is stolen at the time it comes into D’s possession AND property must come from the hands of the wrongdoer. **Continuing trespass: at the initial taking of the property, the taking is w/o permission (and no intent to permanently deprive) but the intent occurs later.

Crim Pro Review: Before custodial (not free to walk away) interrogation (express questioning or the functional equivalent of), need to give Miranda warnings THEN find a valid Miranda waiver (knowing, intelligent, voluntary) THEN get the confession -> admissible. If police do not give Miranda warnings and waiver, confession is inadmissible. Grand jury proceedings determine probable cause to indict; Preliminary hearings determine probable cause to prosecute.

NY Practice Review -> NOTE: for defamation cases, long arm DOES NOT apply. In order to properly assert jxn in NY, P must personally serve D in NY. If D leaves NY for at least 4 months after making the statement, the SOL tolls until D comes back.

Property Review: Boundary-line agreements: where you have a valid boundary line agreement, remedy is that possession is awarded as to the agreed line, not as to the true/actual boundary. AP does not apply to boundary line agreements. Bad checks: where you have a bad check for insufficient funds, deed is VOIDABLE. If grantee transfers to a 3^rd party, grantor cannot eject if 3^rd party is a BFP. If not, grantor may eject. Trade fixtures: chattel annexed to the land by the tenant for pecuniary gain. Trade fixture is removable by the Tenant before the lease expires. Tenant may be a tenant for years or a life tenant. For life tenants: trade fixtures may be removed by the estate within a reasonable time after death.

Con Law Review

Contracts Review: in general, the Restatements 2nd is the exact opposite of the CL. If offeror must be "notified" by a date, the mailbox rule does not apply (offeror controls manner of acceptance).

Corporations Review -> preemptive rights DO NOT attach to shares authorized in the original Cert. sold within 2 years of filing AND to shares offered for consideration other than cash. For stock transfer restrictions: BFP’s (buyers w/o notice) are not bound by a stock restriction UNLESS restriction is noted on the shares.

Evidence Review: if stuff doesn't make sense, argue relevancy. Market reports exception: used if party wants to prove stock quotes or annuity tables on a particular day by submitting a WSJ.

Torts Review -> False imprisonment (from PMBR): D acts intending to confine w/i certain boundaries, his act directly or indirectly results in confinement AND the P is EITHER conscious of the confinement OR harmed. Trespass: if trespass is intentional, no need to show damages. BUT if the trespass is negligent or reckless, must show damages. Intentional torts in general: act can either be intended OR be substantially likely to cause.

Wills Review: proof of lost wills statute is the alternative to Revocation by Lost Will. If a will is lost or mutilated but you still wish to admit that will to probate, overcome the presumption that the will last seen in testator's hand was revoked. Prove by due execution of the Will, evidence that the will was not revoked, and have 2 witnesses or a copy of the Will testify as to all the provisions of the will. So if a will is lost or mutilated either:

1) Presume that it was revoked and distribute by intestacy (not sure about this but it makes the most sense)

2) Presume that it was revoked but prove through evidence that it was not and distribute through the 2nd will.

And the other alternative is if the person revoked the 2nd will on the belief that it revived the 1st Will:

1) Distribute through the 2nd Will OR

2) Distribute through intestacy

**To choose, check which distribution would be closer to the 1st Will if it were revived.

Trusts Review: virtually all trusts which are lifetime trusts + remainder trusts will violate RASPA. RASPA requires no suspension of alienability for trusts measured by a LIB +21 years, BUT NY trusts are automatically given spendthrift protection unless expressly stated otherwise. Spendthrifts are inherently inalienable which pretty much automatically violates RASPA. So the initial lifetime trust will be valid, but any contingent remainder trusts, for the most part, will be invalid. The alternative is having a FSD in someone and having that estate cut off by a Executory Interest. In that case, two parties can combine within the lifetime of the person with the FSD to grant a FSA in the person with the Executory Interest.

Secured Transactions

Commercial Paper

Agency/Partnerships: "scope of the employment" is the test if the employee/agent negligently harms another. "scope of the conduct" (specifically authorized by principal, nature of the employment, motivated by a desire to serve the principal) is the test if the employee/agent intentional harms another.

Professional Responsibility

Domestic Relations

Conflicts -> I started this but never finished.

PMBR Notes day 1

PMBR Notes day 2