Multiple Subjects

Question 1

What is the duty of a landowner to an invitee?

Answer 1

The landowner owes an invitee a general duty to use reasonable and ordinary care in keeping the property reasonably safe for the invitee. This general duty includes the same duties owed to licensees, which includes a duty to:

1. Warn of or make safe non-obvious, dangerous conditions known to the landowner and use ordinary care in active operations on the property; AND
2. Make reasonable inspections to discover dangerous conditions and, thereafter, make them safe.

Question 2

Who is an invitee?

Answer 2

A person who enters the premises in response to an express or implied invitation of the landowner. There are two classes:

1. Those who enter as members of the public for a purpose for which the land is held open to the public; and
2. Those who enter for a purpose connected with the business or other interests of the landowner or occupier

Question 3

What force can possessors use to protect their possessory rights?

Answer 3

Only that force that is reasonable under the circumstances.

Question 4

Do zoning restrictions make title unmarketable?

Answer 4

No, but zoning violations will make title unmarketable

Question 5

What is obscenity?

Answer 5

A description or depiction of sexual conduct that a reasonable person, applying contemporary community standards would:

1. think appeals to the prurient interest in sex;
2. portrays sex in an offensive way; and
3. does not have serious literary, artistic political or scientific value

Question 6

What does the speech and debate clause do?

Answer 6

It shields members of federal Congress from:

1. civil or criminal suits relating to their legislative actions; and
2. grand jury investigations relating to those actions.

Question 7

What is a contract waiver?

Answer 7

It is an excuse of the nonoccurrence or delay of a condition to a duty. Constructive conditions of exchange can be waived through conduct, by treating a breach as only a partial breach and continuing to perform the K. Although a waiver may be retractable in certain situations, a waiver is NOT retractable once the non-waiving party has relied on the waiver.

Question 8

What makes a deed valid?

Answer 8

1. must be in writing;
2. signed by grantor;
3. unambiguously identify the land;
4. identify the parties;