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CEMENT FOUR Flashcards

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1
Q

4

A SPOUSE CAN SUE AN EX-SPOUSE FOR ACTIONS INVOLVING CP ASSET LOSS WHEN THEY WERE

DARN

GREEDY

ROTTEN

A
  1. DELIBERATE
  2. GROSSLY NEGLIGENT
  3. RECKLESS DISAPPATION
  4. WITHIN THREE YEARS
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2
Q

5

FIVE FACTORS OF DETERMINING VALIDITY OF STATE TAX AFFECTING INTERSTATE COMMERCE

A
  1. SUBSTANTIAL NEXUS BETWEEN ACTIVITY TAXED AND TAXING STATE (MORE THAN MINIMUM CONTACTS)
  2. TAX IS FAIRLY APPORTIONED
  3. TAX MUST NOT DISCRIMINATE AGAINST INTERSTATE COMMERCE
  4. TAX IS FAIRLY APPORTIONED TO THE SERVICES PROVIDED BY THE FORUM STATE
  5. NOT PREEMMPTED BY FEDERAL LAW.
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3
Q

4

PRIORITY OF DISTRIBUTION RECEIPT

A
  1. PREFERRED WITH DIVIDEND PREFERENCE
  2. PREFERRED AND PARTICIPATING
  3. PREFERRED AND CUMULATIVE
  4. COMMON STOCK
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4
Q

2

SUBSTANTIAL PERFORMANCE IS PERFORMANCE OF

A
  1. THE PRIMARY, NECESSARY TERMS OF THE CONTRACT
  2. FULFILLING THE ESSENTIAL PURPOSE OF THE CONTRACT
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5
Q

3

VENUE CHANGE - FEDERAL TRANSFER STATUTE - TO CONSIDER TRANSFERING CASE W/IN THE SAME JUDICIAL SYSTEM, THE COURT WILL CONSIDER ALL FACTORS, INCLUDING

A
  1. CONVENIENCE OF PARTIES
  2. FORUM SELECTION CLAUSE IN CONTRACT
  3. INTEREST OF JUSTICE
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6
Q

2

DISASSOCIATING PARTNER WILL RETAIN LIAIBLITY FOR ACTS OF PARTNERSHIP UNTIL

A
  1. ACTUAL NOTICE OF DISASSOCIATION GIVEN TO CREDITORS OR
  2. 90 DAYS AFTER FILING NOTICE OF DISASSOCIATION WITH STATE
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7
Q

2

AGENCY AGREEMENTS MAY BE REVOKED BY DEATH OR INCAPACITY OF PRINCIPAL UNLESS PRINCIPAL GIVES

A
  1. WRITTEN DURABLE POWER OF ATTORNEY
  2. WITH CONSPICUOUS SURVIVAL LANGUAGE
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8
Q

3

AGENTS DUTIES TO PRINCIPAL

A
  1. DUTY TO OBEY REASONABLE INSRUCTIONS
  2. LOYALTY (SELF-DEALING, USURPRING OPP, SECRET PROFITS)
  3. CARE
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9
Q

2

A GENERAL PARTNER IS PERSONALLY LIABLE FOR ALL OF A LIMITED PARTNER’S

A
  1. TORT OBLIGATIONS
  2. CONTRACT OBLIGATIONS
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10
Q

2

FOR DISTRIBUTION OF PARTNERSHP ASSETS, THESE PARTIES GET FIRST DIBS ON PARTNERSHIP ASSETS AT DISSOLUTIONS

A
  1. THIRD PARTY CREDITORS
  2. INSIDE PARTNERS WHO LOANED PARTNERSHIP MONEY
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11
Q

2

QUASI CP IS STILL TREATED LIKE SP

A
  1. AFTER MOVING TO CALIFORNIA
  2. IT IS ONLY TREATED LIKE CP IF THERE IS AN END TO THE MEC
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12
Q

1

AT DIVORCE - CLOSELY HELD CORPORATION SHARES ARE TREATED LIKE

A
  1. SP OR CP BUSINESS
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13
Q

2

WHERE THERE IS NO ELECTION CLAUSE IN A WILL AND W RECEIVES 1/2 CP FROM THE WILL, W CAN ASSERT BOTH

A
  1. CP
  2. AND RIGHTS UNDER THE WILL
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14
Q

1

IF UNMARRIED CO-HABITANTS SUBSEQUENTLY MARRY, THE ASSETS ACQUIRED BEFORE MARRIAGE ARE STILL SUBJECT TO

A
  1. CONTRACT LAW
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15
Q

1

ONCE A PERSON DISCOVERS THAT HER MARRIAGE IS NOT VALID

A
  1. HER QMP RIGHTS DO NOT ACCRUE
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16
Q

1

FOR OPPOSITE SEX PARTNERS, TO REGISTER UNDER CALIFORNIA’S DOMESTIC PARTNERSHIP STATUTE, ONE PARTNER MUST BE

A
  1. OVER 62
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17
Q

2

UPON DEATH OF NON-ACQUIRING SPOUSE, HEIRS HAVE NO CLAIM OVER

A
  1. SS QCP
  2. BECAUSE SEPARATION DIDN’T TERMINATE THE ECONOMIC COMMUITY
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18
Q

1

WHERE A SPOUSE DIES AND HAS QCP OR OUT OF STATE CP, THE COURT WILL USE

A
  1. THE PROBATE LAW OF THE STATE IN WHICH THE REALTY IS LOCATED
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19
Q

2

WHERE LIFE INSURANCE POLICY WAS PURCHASED WITH CP FUNDS AND THERE IS A THIRD PARTY BENEFICIARY

A
  1. SS GETS HALF
  2. THIRD PARTY GETS HALF
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20
Q

2

PROPERTY INSURANCE - WHERE CP FUNDS WHERE USED TO PAY PREMIUMS FOR SP

A
  1. SP GETS INSURANCE PROCEEDS
  2. CP GETS REIMBURSEMENT OF FUNDS PAID
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21
Q

5

FEDERAL PREEMPTION OF CP LAW - THESE THINGS ARE SP

A
  1. ARMED FORCES LIFE INSURANCE BENEFITS
  2. US SAVINGS BONDS (UNLESS FRAUD)
  3. SOCIAL SECURITY
  4. RR RETIREMENT (UNLESS SUPPLEMENTAL)
  5. VA DISABILITY
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22
Q

3

DESPITE THEIR FEDERAL SOURCE, THESE THINGS ARE CP

A
  1. MILITARY RETIREMENT
  2. CIVIL/FOREIGN SERVICE PENSION
  3. COPYRIGHTS
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23
Q

2

WATCH OUT FOR ATTORNEY COI CREATED WHERE ATTORNEY

A
  1. SERVES ON BOD
  2. REPRESENTS AN INDIVIDUAL EMPLOYEE IN ACTION AGAINST CORPORATION
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24
Q

2

IF AN EQUITY LIEN IS INSUFFICIENT, THE COURT MAY ENTER A

A
  1. DEFICIENCY JUDGMENT
  2. ENFORCING DIFFERENCE AGAINST D’S OTHER PROPERTY
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25
Q

2

IF AN INJUNCTION IS ERRONEOUS, IT STILL MUST BE OBEYED UNTIL

A
  1. COURT MODIFIES
  2. OR DISSOLVES
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26
Q

1

FOR INJUNCTION SEEKING PRIOR RESTRAINT, USE DEFENSE OF

A
  1. FREE SPEECH
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27
Q

3

IF A VARIANCE IS BEING APPEALED, DISCUSS

A
  1. EQUAL PROTECTION
  2. DUE PROCESS
  3. TAKINGS CLAUSE
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28
Q

1

WHERE A PLAINTIFF IS SEEKING RESTITUTION FOR AN UNENFORCEABLE CONTRCT AND THE VALUE OF THE BENEFIT IS GREATER THAN THE CONTRACT PRICE

A
  1. SHE CAN RECOVER THE GREATER AMOUNT.
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29
Q

4

WHERE A CONTRACT WAS PARTLY EXECUTORY AND BUYER MADE A LATE PAYMENT AND THEN BRINGS SP CLAIM, EQUITY MAY ORDER SP IF

A
  1. PAYMENT WAS FORTHCOMING WITHIN A REASONABLE TIME
  2. SELLER’S LOSS WAS SLIGHT
  3. FULL COMPENSATION WAS TENDERED FOR THE DELAY OR
  4. ENFORCING TIME CONDITION IS UNCONSCIONABILE
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30
Q

1

SP WILL LIKELY NOT BE GRANTED FOR

A
  1. OUT OF STATE CONTRACT
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31
Q

3

FRAUD IN THE REVOCATION WILL AMOUNT TO

A
  1. NO PROBATE
  2. ESTATE IS PUT IN CONSTRUCTIVE TRUST
  3. HEIRS ARE TRUSTEES FOR PURPOSE OF TRANSFERRING TO INTENDED BENEFICIARIES
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32
Q

1

FRAUD IN THE REVOCATION MAY BE CAUSED BY

A
  1. MISREPRESENTATION LEADS TESTATOR TO NOT REVOKE A WILL
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33
Q

4

INTERLINEATIONS MUST STILL SATISFY REQUIREMENTS OF

A
  1. ATTESTED OR
  2. HOLOGRAPHIC WILL
  3. IF NO FORMALITIES MET AND HIGHER DEVISE WAS GIVEN
  4. DRR WILL APPLY AND B WILL GET OLD DEVISE
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34
Q

2

WHERE INTERLINEATIONS STRIKE OUT AN OLD DEVISE AND A NEW DEVISE IS MADE FOR LESSER AMOUNT

A
  1. MUST MEET TESTAMENTARY FORMALITIES
  2. DRR WON’T APPLY
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35
Q

2

DRR WHEN SECOND WILL IS INVALID, DRR

A
  1. WON’T APPLY
  2. BECAUSE SECOND WILL WAS NEVER EFFECTIVE TO REVOKE
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36
Q

3

A CONTRACT MAY PREVENT REVOCATION OF A WILL, OR PORTIONS OF THE WILL WHERE THE WILL

A
  1. SUFFICIENTLY IDENTIFIES THE CONTRACT AND IT EXISTS
  2. MATERIAL PROVISIONS OF CONTRACT ARE IN THE WILL
  3. CLEAR AND CONVINCING EVIDENCE OF AGREEMENT ENFORCEABLE AT EQUITY
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37
Q

1

GIFT LISTS ARE EFFECTIVE WHERE

A
  1. EXECUTED AFTER 1987
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38
Q

3

DEVISE OF ASSETS THROUGH INTER VIVOS TRUST IS VALID WHERE

A
  1. REFERENCED IN WILL
  2. INDEPEDENTLY SIGNED
  3. TRUST WAS VALID BEFORE OR AT TIME OF WILL’S EXECUTION
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39
Q

2

WILL MISTAKE - MISTAKE IN CONTENT

A
  1. OMISSION - NO JUDICIAL REMEDY BC COURT WON’T REWRITE
  2. ADDITION - REMEDY OK, COURT WILL JUST CROSS OUT
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40
Q

2

MISTAKE IN EXECUTION

A
  1. NO PROBATE WHERE NO INTENT
  2. UNLESS RECIPROCAL OR MUTUAL WILL
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41
Q

2

PALSGRAFF - CARDOZO V. ANDREWS DIFFERENCES ON DUTY

A
  1. UNDER PALSGRAFF, CARDOZO ARGUED THAT A DUTY IS ONLY OWED TO THOSE IN THE ZONE OF DANGER, WHERE THE DEFENDANT’S ACTS CREATED A FORESEEABLE RISK OF HARM.
  2. ANDREWS ARGUED THAT IF A DUTY WAS OWED TO ANYONE, THE DEFENDANT SHOULD BE LIABLE TO ALL THAT WERE ACTUALLY AND PROXIMATELY CAUSED BY THE BREACH OF THAT DUTY.
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42
Q

4

INTENTIONAL INTERENCE WITH CONTRACTUAL RELATIONS

DEFENDANT MESSES WITH PLAINTIFF’S CONTRACTUAL REALTIONSHIP FOR CICS

A
  1. CONTRACTUAL RELATIONSHIP
  2. INTENTIONAL INTERFERENCE WITH PERFORMANCE
  3. CAUSATION
  4. SPECIAL DAMAGES
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43
Q

3

INTENTIONAL INTERFERENCE WITH PROSPECTIVE BUSINESS ADVANTAGE

A
  1. INDUCING THIRD PARTY
  2. OR PREVENTING PLAINTIFF
  3. FROM DRINKING PBR
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44
Q

2

NEGLIGENT INTERFERENCE WITH PROSPECTIVE BUSINESS ADVANTAGE

A
  1. NEGLIGENCE CREATED A LOSS OF
  2. PBR
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45
Q

2

CONSEQUENCES OF SIMULTANEOUS DEATH

A
  1. JOINT TNEANTS -> EACH ESTATES TAKE HALF
  2. CP/QCP -> EACH ESTATE
46
Q

1

EXONERATION FOR CA - IN CA, EXONERATION MUST EXPRESSLY STATE

A
  1. A SPECIFIC GIFT IS TO BE EXONERATED.
47
Q

1

FOR A WAIVER OF A RIGHT TO TAKE FROM SPOUSE’S ESTATE TO BE VALID, THE WAIVING SPOUSE MUST HAVE FULL KNOWLEDGE

A
  1. OTHER SPOUSE’S FINANCES
48
Q

3

WHERE GIFTS ARE MADE IN CONTEMPLATION OF IMMINENT DEATH, THEY MUST BE MADE BY

A
  1. ACTUAL DELIVERY
  2. CONSTRUCTIVE DELIVERY (DONOR HAS DONE EVERYTHING POSSIBLE WITHIN HIS POWER AND NO FRAUD OR MISTAKE)
  3. SYMBOLIC DELIVERY
49
Q

3

ORAL REAL ESTATE TRUST CAUSING CONSTRUCTIVE TRUST

SETTLOR HANDS DEED TO TRUSTEE TO GIVE TO BENEFICIARY

TRUSTEE CAN’T INVOKE SOF WHERE

A
  1. FIDUCIARY RELATIONSHIP BETWEEN S AND T
  2. FRAUD IN INDUCEMENT WAS COMMITTED BY T
  3. DETRIMENTAL RELIANCE BY B
50
Q

1

TRUSTEE LIAIBLITY TO THIRD PERSONS - IF THIRD PERSON KNEW TRUSTEE WAS ACTING IN REPRESENTATIVE CAPACITY, HE MUST BE SUED

A
  1. IN REPRESENTATIVE CAPACITY
51
Q

1

TRUSTEES AND TORTS - IF TRUSTEE IS PERSONALLY AT FAULT

A
  1. CAN BE HELD INDIVIDUALLY LIABLE
52
Q

2

LONG ARM STATUTES ALLOW THE COURT TO:

A
  1. EXERCISE AUTHORITY OVER AN OUT OF STATE DEFENDANT
  2. SUBJECT TO STATUTORY AND CONSTITUTIONAL LIMITATIONS
53
Q

1

ACTUAL EXPRESS AUTHORITY EXISTS WHERE

A
  1. A PRINCIPAL DIRECTLY REQUESTED THE AGENT TO ACT ON HIS BEHALF IN A SPECIFIC MATTER.
54
Q

1

CONDUCT INTENEDED TO COMMUNICATE A MESSAGE IS

A
  1. SYMBOLIC SPEECH
55
Q

3

PROOF BEYOND A REASONABLE DOUBT. IN CRIMINAL CASES - DUE PROCESS REQUIRES THAT

A
  1. EVERY ELEMENT IS PROVEN BEYOND A REASONABLE DOUBT
  2. ALLOWING THE TRIER OF FACT TO CONCLUDE FROM THE EVIDENCE
  3. THAT NO REASONABLE DOUBT REMAINS AS TO DEFENDANT’S GUILT.
56
Q

4

CEC HEARSAY EXCEPTION - INFLICTION OF THREAT OR PHYSICAL ABUSE

A
  1. WRITTEN OR RECORDED BY POLICE OR MEDICAL PROFESSIONALS
  2. TRUSTWORTHY CIRCUMSTANCES
  3. DESCRIBES INFLICTION OR THREAT
  4. RECORD MADE AT OR NEAR TIME OF INJURY OR THREAT
57
Q

1

WHILE AN SELLER MAY DISCLAIM LIABILITY FOR LATENT DEFECTS IN AN OLDER HOME BY SELLING IT “AS IS”, THIS WON’T WORK IF THERE IS

A
  1. FRAUD
58
Q

1

ORAL CONDITIONS GIVEN AT DELIVERY OF DEED WON’T COUNT IF

A
  1. THEY AREN’T IN DEED.
59
Q

1

DEFEASIBLE FEES ARE

A
  1. ESTATES THAT MAY TERMINATE UPON THE OCCURRENCE OF A STATED EVENT
  2. A CONTINGENT REMAINDER CAN NEVER FOLLOW A DEFEASIBLE FEE
60
Q

5

THE SIXTH AMENDMENT WILL ATTACH AFTER A DEFENDANT IS CHARGED. PROCEDURES FILING CHARGES WILL INCLUDE

A
  1. FORMAL CHARGES
  2. PRELIMINARY HEARING
  3. INDICTMENT
  4. ARRAIGNMENT
  5. INFORMATION
61
Q

1

ONCE A DEFENDANT HAS ASSERTED HIS RIGHT TO COUNSEL BY INVOKING MIRANDA RIGHTS, THEY WILL LAST UNTIL

A
  1. THERE IS A 14 DAY BREAK IN INCARCERATION
62
Q

1

THE DEFENDANT DOES NOT HAVE THE RIGHT TO HAVE COUNSEL PRESENT AT

A
  1. PRE-CHARGE LINEUPS
63
Q

1

ADVERSE POSSESSION AND THE GOVERMENT - THE GOVERNMENT CAN

A
  1. ACQUIRE TITLE TO PRIVATE LAND BY ADVERSE POSSESSION
64
Q

3

CEC UNAVAILABILITY DISTINCTION

A
  1. SERIOUS FELONIES
  2. CLEAR AND CONVINCING EVIDENCE DECLARANT KILLED OR KIDNAPPED
  3. PRIOR STATEMENT MUST HAVE BEEN RECORDED BY LAW ENFORCEMENT
65
Q

1

A APPERTUNANT EASEMENT MAY BE SOLD INDEPENDENT OF THE LAND ONLY WHERE

A
  1. THE OWNER OF THE SERVIENT ESTATE PURCHASES IT
66
Q

2

ERIE AND CONFLICTS OF LAW RULES - FEDERAL COURTS MUST APPLY THE

A
  1. CONFLICT OF LAW RULES OF THE STATE WHERE THE CASE WAS FILED
  2. UNLESS CASE WAS ORIGINALLY FILED IN IMPROPER VENUE, THEN USE LAWS OF STATE WHERE TRANSFERRED.
67
Q

2

POLITICAL FUNCTION CLASSIFICATION OF OCCUPATIONS INTEGRAL TO GOVERNMENT FUNCTION IS ALLOWED AS LONG AS THE CLASSIFICATIONS ARE OF

A
  1. SPECIFIC OCCUPATIONS
  2. NOT CIVIL SERVICE IN GENERAL
68
Q

3

CALIFORNIA STANDARD FOR EXPERT PRESENTING SCIENTIFIC EVIDENCE, AKA THE KELLY RULE

A
  1. TECHNIQUE HAS GAINED GENERAL ACCEPTANCE IN ITS FIELD
  2. WITNESS FURNISHING THE TESTIMONY IS QUALIFEID TO GIVE EVIDENCE ON THE MATTER
  3. CORRECT SCIENTIFIC PROCEDURES USED.
69
Q

4

FULL FAITH AND CREDIT CLAUSE - REMEMBER, IF THE ORIGINAL STATE COURT ACTUALLY LITIGATED IT, THE NEW STATE

A

HAS TO HONOR IT.

(PJ, STATE’S CONSENT TO JURSIDICTION)

70
Q

2

QCP - WHO GETS IT AT DEATH

A
  1. ACQURING SPOUSE DIES - QCP BECOMES CP
  2. NON-ACQUIRING SPOUSE DIES - AQUIRING SPOUSE TAKES AS SP
71
Q

2

UNDER THE UPIA, RISK OF LOSS PASSES TO BUYER ONCE

A
  1. TAKES POSSESSION OF PROPERTY
  2. OR LEGAL TITLE
72
Q

4

CEC PROHIBITS CROSS EXAMINATION OF CIVIL WITNESS USING INSTANCES OF

A
  1. PAST BAD ACTS
  2. TO IMPEACH CHARACTER FOR TRUTHFULNESS.
73
Q

5

EXPERT STANDARD - HOT QUIZNOS FOR COLD PENGUINS

A
  1. HELPFUL TO THE JURY
  2. QUALIFIED
  3. SUPPORTED BY PROPER FACTUAL EVIDENCE
  4. REASONABLE DEGREE OF CERTAINTY
  5. PEER REVIEWED AND PUBLISHED SCIENCE
74
Q

2

STATE OF MIND ALSO APPLIES TO

A
  1. DESCRIPTIONS OF PAST PHYSICAL OR MENTAL CONDITION
  2. (CEC REQUIRES THAT IT AT ISSUE IN THE CASE)
75
Q

3

CEC FORMER TESTIMONY DISTINCITIONS

A
  1. UNAVAILABILITY EXTENDS TO PRIOR DEPO WITNESS WHO LIVES OVER 150 MILES AWAY FROM TRIAL COURTHOUSE
  2. PREDECESSOR IN INTEREST EXTENDED TO SIMILAR OPPORTUNITY AND MOTIVE
  3. OK WHERE ADMITTED AGAINST PERSON WHO ADMITTED IN IN PRIOR PROCEEDING
76
Q

1

CEC STATEMENT AGAINST INTEREST DISTINCTION

A
  1. CRIMINAL CASES DON’T NEED CORROBORATING CIRCUMSTANCES
77
Q

4

MAKE SURE STATE OF MIND STATEMENTS ARE MADE IN THE

A

PRESENT TENSE

78
Q

1

FOR THE FRE, POLICE RECORDS MAY FALL UNDER THE BUSINESS RECORDS EXCEPTION AND INVESTIGATION RECORDS MAY BE ADMISSIBLE ONLY IN

A
  1. CIVIL CASES
79
Q

1

WATCH OUT FOR CALIFORNIA BUSINESS RECORDS THAT ATTEMPT THAT INCLUDE OPINIONS OR DIAGNOSES CONCERNING MEDICAL TREATMENT, THE CEC WILL ONLY ALLOW THE ADMISSION OF

A
  1. SIMPLE DIAGNOSES
80
Q

3

FRE V. CEC - DIFFERENCES IN ADMISSION OF JUDGMENT OF PRIOR CONVICTIONS

A
  1. FRE ALLOWS CIVIL AND CRIMINAL TO PROVE FACTS ESSENTIAL TO THE JUDGMENT BUT CEC ONLY ALLOWS CIVIL OR - CRIMINAL CASES WHERE CRIME INVOLVED MORAL TURPITUDE (PROP 8)
  2. FRE WON’T ALLOW ADMISSION OF NOLO CONTENDERE PLEAS BUT CEC WILL
  3. FRE ONLY ALLOWS USE SUBSTANTIVELY REGARDING THE ACCUSED, BUT IMPEACHMENT REGARDING EVERYONE. CEC MAKES NO LIMITS REGARDING USE.
81
Q

1

CEC UNIQUE HEARSAY EXCEPTION - JUDGMENT IN PRIOR CIVIL CASE

A
  1. FINAL JUDGMENT ADMISSIBLE IF P IS TRYING TO GET INDEMNIFCATION OR ENFORCE WARRANTY
  2. JUDGMENT TO SHOW CURRENT DEFENDANT IS NOT LIABLE
82
Q

1

IF A PROSECUTOR WANTS TO INTRODUCT EVIDENCE UNDER THE IPIKAMOP EXCEPTIONS FOR USE IN A CRIMINAL CASE HE MUST GIVE THE DEFENSE

A
  1. NOTICE OF INTENT TO USE THE EVIDENCE
83
Q

4

RAPE SHIELD LAWS - CIVIL

A
  1. REPUTATION IF V PUTS IT AT ISSUE
  2. OPINION AND SPECIFIC INSTANCES OF CONDUCT - PROBATIVE VALUE OUTWEIGHS PREJUDICE
  3. NOTICE IS GIVEN TO VICTIM
84
Q

2

CEC AND USE OF SPECIFIC INSTANCES OF CONDUCT TO PROVE CHARACTER

A
  1. CEC PERMITS ONLY REPUTATION AND OPINION
  2. BUT PROP 8 ALLOWS USE OF SPECIFIC ACTS TOO.
85
Q

4

CEC AND ADMISSIBILITY OF ABUSE IN CIVIL CASES

A
  1. NO CHILD MOLESTATION
  2. NO SEXUAL ASSAULT
  3. YES ELDER ABUSE
  4. YES DOMESTIC ABUSE
86
Q

1

CEC SECONDARY EVIDENCE RULE WILL INCLUDE

A
  1. SKETCH OR REWRITING
87
Q

2

CEC AND LAY WITNESS TESTIMONY

A
  1. HAS NO SPECIALIZED KNOWLEDGE REQUIREMENT
  2. RELIES ON JUDGES GOOD SENSE
88
Q

4

FRE DAUBERT VS. CEC KELLY FOR SCIENTIFIC EXPERTS

A
  1. FRE - NOVEL SCIENTIFIC THEORY OKAY AS LONG AS IT IS VALIDATED BY SOUND METHODOLOGY AND ADEQUATE RESEARCH
  2. CEC - SCIENTIFIC THEORY MUST BE GENERALLY ACCEPTED AS VALID AND RELIABLE IN SCIENTIFIC FIELD. (DOESN’T APPLY TO MEDICAL TESTIMONY)
89
Q

1

IN CRIMINAL CASES, THANKS TO PROP 8, THE PROSECUTION OR DEFENSE MAY BOLSTER WITNESS’ CREDIBILITY BEFORE

A
  1. IT IS ATTACKED.
90
Q

3

CEC PROHIBITS IMPEACHING WITNESSES WITH PAST BAD ACTS IN CIVIL CASES BUT IN CRIMINAL CASES

A
  1. USE PAST BAD ACTS
  2. EXTRINSIC EVIDENCE
  3. PROP 8 LETS IT ALL IN
91
Q

1

CEC DIFFERENCE FROM FRE - WHEN THE WITNESS MAKES A NONRESPOSIVE ANSWER,

A
  1. ANY PARTY CAN OBJECT
92
Q

4

CEC - IMPEACHMENT OF WITNESS WITH PRIOR CRIMES

BALANCE YOUR MORAL TURPITUDE!!!!

A
  1. NO FELONIES THAT DON’T INVOLVE MORAL TURPITUDE
  2. EVERYTHING SUBJECT TO BALANCING TEST
  3. PROP 8 WILL ALLOW MORAL TURPITUDE MISDEMEANORS IN, BUT REMEMBER #2
  4. PROP 8 WILL ALLOW MORAL TURPITUDE CHARGES IN, BUT REMEMBER #2
93
Q

3

FEDERAL PLEADINGS MUST STATE

A
  1. FACTS SUPPORTING PLAUSIBLE CLAIM SUFFICIENT TO PUT D ON NOTICE AND ALLOW HIM TO PREPARE REASONABLE RESPOSNE
  2. BASIS OF SMJ
  3. DEMAND FOR RELIEF
94
Q

4

ADVERSE POSSESSION ELEMENTS

COAH

A
  1. CONTINUOUS
  2. OPEN AND APPARENT
  3. ACTUAL POSSESSION
  4. HOSTILE
95
Q

1

WHERE LAND IS SOLD WITH A MORTGAGE - THE BUYER WILL ONLY BE PERSONALLY LIABLE IF THE CONTRACT EXPRESSLY STATES THERE IS AN

A
  1. ASSUMPTION OF MORTGAGE
96
Q

4

EXPERT DAUBERT

PETA WAS AN EXPERT AT MAKING BREAD

A
  1. Peer reviewed and published
  2. Error rate( low)
  3. Tested( and ability to retest)
  4. Acceptance( reasonable rate of)
97
Q

1

ACTUAL CAUSE OF INJURY INVOLVES MULTIPLE DEFENDANTS -> SWITCH TO

A
  1. SUBSTANTIAL FACTOR
98
Q

1

MY PARENTS FREQUENTLY FORGOT TO READ CHILDREN’S STORIES

A

Minimum Contacts: Purposeful Availment; Foreseeability Fairness: Relatedness; Convenience; State’s Interest

99
Q

2

CALIFORNIA COMPLAINT REQUIRES

A
  1. FACTS FOR EVERY ELEMENT OF EVERY CLAIM
  2. DEMAND FOR JUDGMENT (UNLESS PERSONAL INJURY OR WRONGFUL DEATH)
100
Q

2

PERMISSIVE INTERVENTION - FRCP V. CCP

A
  1. FRCP = COMMON QUESTION OF FACT
  2. CCP = DIRECT AND IMMEDIATE
101
Q

1

CALIFORNIA DISCOVERY REQUIRES THAT THE INFORMATION SOUGHT IS

A
  1. RELEVANT TO THE SUBJECT MATTER OF LITIGATION
102
Q

1

CALIFORNIA IME - IF A PARTY REQUESTING THE IME WANTS TO ATTEND, HE MUST GET A

A
  1. COURT ORDER
103
Q

2

UNLIKE FEDERAL PRACTICE, IF A CA UNLIMITED DISCOVERY DOES NOT NEED TO BE

A
  1. UPDATED.
  2. OPPOSING PARTY MUST MAKE SUPPLEMENTAL DEMANDS.
104
Q

4

CALIFORNIA JURY VERDICTS REQUIRE

A

3/4 VERDICT

105
Q

3

MOTION FOR NONSUIT (CA ONLY)

A
  1. D MOVES AT CLOSE OF P’S OPENING ARGUMENT
  2. OR CLOSE OF P’S ARGUMENT
  3. ARGUING NO SUBSTANTIAL EVIDENCE STATED TO SUPPORT A VERDICT FOR PLAINTIFF
106
Q

3

RIGHT TO ATTEND CRIMINAL TRIALS

A
  1. PUBLIC HAS RIGHT TO ATTEND
  2. MAY BE LIMITED BY OVERRIDING INTEREST DETERMINED BY JUDGE
  3. MUST MEET INTERMEDIATE SCRUTINY
107
Q

1

PUBLIC EMPLOYMENT - A PERSON MAY ONLY BE FIRED FOR PARTY AFFLIATION IF HE IS IN A

A
  1. POLICY MAKING POSITION
108
Q

2

PUBLIC EMPLOYMENT - EMPLOYEE’S RIGHTS TO SPEEK

A
  1. IF MATTER OF PUBLIC CONCERN, BALANCING TEST
  2. IF NOT MATTER OF PUBLIC CONCERN, EMPLOYER GETS WIDE DEFERENCE
109
Q

2

DUTIES OF DISCLOSURE FOR TRIAL

A
  1. D - DISCLOSE USE OF ALIBI OR INSANITY DEFENSE
  2. P - DISCLOSE EXCULPATORY, MATERIAL EVIDENCE
110
Q

1

TO PLEAD THE FIFTH, THE PRIVILEGE MUST BE ASSERTED AT

A
  1. THE FIRST INSTANCE OF QUESTIONING ON THE SUBJECT
111
Q

2

AN OBLIGEE WITH HAVE ENFORCEMENT RIGHTS AGAINST AGAINST A DELEGATEE WHERE

A
  1. DELEGATEE HAS RECEIVED COMPENSATION FROM DELEGATOR
  2. DELEGATEE KNOWS IT IS RENDERIGN A PERFORMANCE FOR THE BENEFIT OF A THIRD PARTY.
112
Q

4

. Extra requirements for Wiretapping warrant = “Screen Telephone Calls Carefully”

A

a. S – Suspected persons named in the warrant
b. T – Time period of the duration of tapping
c. C – Crime specified which the tapping is intended to uncover
d. C – Conversations that can be overheard

CA Bar Outlined and Numbered (with prompts) (43 decks)

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