MBE Topics And Issues

2 Issues to Be Aware of With Robbery

What is Robbery? Robbery is the taking and carrying away of the personal property of another through force, violence, or intimidation. In other words, robbery is larceny plus force, violence, or intimidation. Example: I walk into my boss’s office, pull out of a knife, and say, “Hand over your Ravishing Rick Rude wrestling figure or …

Understand the Elements of Larceny

Larceny is defined as the trespassory taking and carrying away of another person’s property with the intent to steal it. Let’s break down this definition to make sure we understand the elements of this crime. Carrying Away: The carrying away element (or “asportation” for you fancy cats) requires only the slightest movement. Example: I’m having …

Understand This About Consideration

A valid contract generally consists of an offer, an acceptance, and the presence of consideration. What Is Consideration? Consideration is a bargained-for exchange between the two parties to a contract. Each party is giving up something. Each party is either agreeing to do something they do not have to do, or agreeing to not do …

Understanding Removal

If a suit is filed in state court, it can be removed (this just means changed) to federal court under certain circumstances. Rules of Removal The case must have been eligible to be brought in federal court originally. This means that it satisfies either diversity jurisdiction or federal question jurisdiction. Only a defendant is allowed …

An Important Requirement For Nuisance

What Is Nuisance? The tort of nuisance involves the defendant causing a substantial and unreasonable interference with the use and enjoyment of the plaintiff’s property. Requirement For a Successful Nuisance Claim: The activity in question must be something that would affect an “ordinary person” with ordinary sensibilities, an ordinary schedule, and so forth. Example: Because …

The Duty to Mitigate Damages

Overview When a contract is breached, the non-breaching party still has a duty to make reasonable efforts to mitigate (a fancy word for lessen or control) damages caused by the breach (if applicable). The non-breaching party will NOT be able to recover for damages that could have reasonably been avoided, even if the damages were …