MBE Mixed

Public Nuisance 1) Must be an unreasonable interference with I) Health II) Safety, or III) Property Rights of the Community at large 2) NOT Required I) That the entire community be affected by the nuisance II) BUT, merely those who come in contact with it in exercise of a public right Funds Mandated by Congress 1) Pres. Has NO Right to impound funds that Congress has mandated be spent 2) Violate Separation of Powers 3) Congress has spending power under Const. 4) Pres. MAY Refuse IF appropriation law provides prez has discretion to withhold 5) If Silent on Impounding of General Appropriation Law I) SC has not ruled

Express Easement 1) Includes right to effect reasonable repairs on the land 2) Owner of Servient CANNOT prevent Repair/Maintenance of easement Privilege for Reasonable Force 1) Actor IS Privileged to use reas. force that is NOT intended OR likely to cause death or serious bodily harm in order to 2) Prevent or Terminate another's intrusion upon Actor's LAND, and CHATTEL 3) IF I) Intrusion is NOT privileged or the other person intentionally/negligently causes the actor to believe that it is NOT privileged, AND II) Actor reas believe that the intrusion can be prevented OR terminated ONLY by the force used Self Defense and Mistake 1) If D (person defending self) is Reasonably Mistaken as to his/her need for Self-Defense 2) Privilege of Self Defense still exists Redemption of Mortgage 1) Mortgage has right at any time 2) After default, Before Foreclosure 3) To Redeem Property Quasi-Contract 1) If Party1 to K has be unjustly enriched as to expense of Party2, I) Party2 may seek Quasi-Contractual Relief 2) Quasi-K can make an injured party whole IF I) K fails b/c of a failure of a Condition or a Breach, AND II) Specific Performance is NOT possible/desirable 3) (Essentially an action for restitution) 4) IF Total Breach Aggrieved Party may cancel K and pursue all available remedies 5) Ex. Hotel had K, but didn't open in time for event, so total breach. Quasi-K claim SOF 1) To be enforceable, must be evid by signed writing 2) Ex. K lasting more than 1 year I) FULL PERFORMANCE of oral K for SERVICES by the party performing service WILL MAKE the K enforceable against paying party II) BUT, PART PERFORMANCE is NOT compensable on K III) BUT, Performing Party may be able to recover REASONABLE VALUE of the services actually rendered via quantum meruit 3) Ex. construction K for 14 months, quit at 9 mo.

ART IV Privileges and Immunities (Licenses to Work) 1) Prevents State 1 from discriminating vs. Citizen of State 2 2) For Basic Rights, or Essential Activities 3) Including right to work 4) State Needs to show Substantial Reason for treating nonresident differently from resident I) IF CAN'T UNCONSTITUTIONAL 5) Std of Review I) State must show (a) Nonres. discriminated against are a PECULIAR SOURCE OF EVIL the State seeks to remedy, AND (b) Discrimination bears Substantial Relation to that evil Art IV P&I vs. Commerce Clause 1) Discrimination Against Citizen or Resident I) wrt Essential Economic Right, OR Liberty II) THEN Triggers ART IV P&I Analysis 2) General Economic Discrimination Against I) Business, OR Entity II) THEN More often Commerce Clause Analysis (Unduly Burden) 3P Standing Con Law 1) A special standing exists b/w claimant and 3P, AND (i.e. buyer-seller) 2) Difficult, unlikely, or impossible for 3P to challenge gov't action itself Assault Criminal 1) Either I) Attempted Battery, OR II) Intentional Creation of Imminent fear of harm 2) Method 2 Requires I) D act with threatening conduct; (a) Mere words insufficient (b) Conditional threats insufficient, UNLESS accompanied with overt act to accomplish II) Still need intent to cause reas. Apprehension of imminent harm Express Easement in Gross 1) Gross b/c exists for the benefit of the person, 2) NOT for the benefit of a Dominant Estate