deck 0 (718-768) Flashcards
2
PIERCING THE CORPORATE VEIL CAUSES - FRAUD - CORP WAS FORMED
- TO COMMIT FRAUD
- TO SHIELD SHAREHOLDERS FROM EXISTING OBLIGATIONS
1
PIERCING THE CORPORATE VEIL - ESTOPPEL
- DIRECTOR/OFFICER MADE A REPRESENTATION OF PERSONAL LIABILITY FOR CORPORATE DEBTS
4
PRIORITY OF DIVIDEND DISTRIBUTION
- PREFERRED WITH DIVIDEND PREFERENCE
- PREFERRED AND PARTICIPATING
- PREFERRED AND CUMULATIVE
- COMMON STOCK
4
RESTRICTIONS ON SELLING CONTROLLING PERCENTAGE OF CORPORATE SHARES - SHARES MUST NOT BE SOLD TO
- LOOTERS
- THOSE WHOSE INTENT TO HARM CORP SHOULD BE KNOWN.
4
REQUIREMENTS OF DISSENTING SHAREHOLDER TO BE COMPENSATED FOR SHARES
- NOTICE OBJECTION TO CHANGE AND INTENT TO DEMAND PAYMENT
- DELIVER WRITTEN NOTICE
- CANNOT VOTE IN FAVOR OF CHANGE
- DEMAND PAYMENT IN WRITING
1
TRANSMUTATION
- CHANGE THE PROPERTY CHARACTERIZATION OF AN ASSET
2
JUDICIAL TREATMENT OF PUTATIVE SPOUSE - JURISDICITONAL SPLIT
- WHERE ONLY ONE SPOUSE HAS A GOOD FAITH BELIEF THAT A VOID OR VOIDABLE MARRIAGE WAS VALID, SOME JURISDICTIONS WILL TREAT BOTH SPOUSES AS PUTATIVE SPOUSES (INCLUDES CA)
- SOME JURISDICTIONS WILL TREAT ONLY THE SPOUSE WITH THE GOOD FAITH BELIEF OF THE MARRIAGE’S VALIDITY AS THE PUTATIVE SPOUSE
2
DISTRIBUTION OF ASSETS AT DEATH - SPOUSES’ RIGHTS TO QCP
- DECEDENT DOES NOT HAVE 1/2 INTEREST IN SURVIVING SPOUSES QCP
- SURVIVING SPOUSE DOES HAVE 1/2 INTEREST IN DECEDENT’S QCP
1
HOLGRAPHIC WILL
- SIGNATURE AND AT LEAST MATERIAL PROVISIONS IN TESTATOR’S HANDWRITING
2
FRAUD IN THE INDUCEMENT OCCURS WHEN AND CONSEQUENCE
- TESTATOR INFLUENCED TO INCLUDE PROVISIONS IN WILL BY MISREPRESENTATIONS
- ONLY FRAUDULENT PROVISIONS WILL BE FOUND INVALID
3
INTESTATE SUCCESSION - SEPARATE PROPERTY
- IF ONLY SPOUSE SURVIVING - SPOUSE TAKES ALL
- IF ONE CHILD, OR SIBLING, OR PARENT - SPOUSE TAKES HALF
- IF MULTIPLE CHILDREN OR SIBLINGS, SPOUSE TAKES 1/3
2
TRUSTEE NAMING REQUIREMENTS OF A TRUST
- TRUSTEE NEED NOT BE NAMED
- COURT WILL APPOINT TRUSTEE WHERE TRUST DOES NOT NAME ONE
8
DUTES OF TRUSTEE
- DUTY TO ACCOUNT AND INFORM
- DUTY OF DUE CARE
- DUTY OF IMPARTIALITY BETWEEN CLASSES OF BENEFICIARIES
- DUTY TO SEGREGATE AND EARMARK TRUST FUNDS
- DUTY OF LOYALTY
- DUTY TO PRUDENTLY INVEST TO MAKE PROPERTY PRODUCTIVE
- DUTY TO DEFEND
- DUTY TO ENFORCE
2
TRO REQUIRES A SHOWING OF
- IRREPERABLE HARM DURING WAITING PERIOD FOR INJUNCTION
- IF TRO NOT GRANTED
3
PRELIMINARY INJUNCTION REQUIRES A SHOWING OF
- NEED OF MAINTAINING STATUS QUO PRIOR TO TRIAL
- BALANCING OF HARDSHIPS IN FAVOR OF GRANTING INJUNCTION
- LIKELIHOOD OF SUCCESS OF MERITS ON UNDERLYING CLAIM
2
MUTUALITY OF PERFORMANCE REQUIREMENT FOR SPECIFIC PERFORMANCE AND COMMON LAW/MODERN DIFFERENCES
- AT COMMON LAW, COURTS REQUIRED MUTUALITY OF REMEDY
- MODERNLY, COURTS ONLY REQUIRE MUTUALITY OF PERFORMANCE
2
ADVERSE POSSESSION - ACTUAL AND EXCLUSIVE REQUIREMENTS
- ACTUAL - OCCUPIER MADE USE OF THE LAND IN THE SAME MANNER THAT A TYPICAL USER OF SUCH LAND WOULD
- EXCLUSIVE - OCCUPIER MAY NOT SHARE LAND WITH OWNER OR PUBLIC
2
MANIFESTATIONS OF GRANTOR’S INTENT TO MAKE DEED PRESENTLY EFFECTIVE
- RECORDING OF DEED
- GRANTOR GIVES GRANTEE DEED
4
LANDLORD/TENANT QUESTIONS - ORDER OF LANDLORD STRING
- RELATIONSHIP BETWEEN SUCCESSIVE LANDLORDS
- DEEDS OF TRANSFER
- PRIVITY BETWEEN CURRENT LANDLORD AND TENANT
- DUTIES OWED
8
TERMINATION OF EASEMENTS (END CRAMP)
- ESTOPPEL
- NECESSITY ENDED
- DESTRUCTION OF SERVIENT LAND
- CONDEMNATION BY EMINENT DOMAIN
- RELEASE IN WRITING BY EASEMENT HOLDER
- ABANDONMENT ACTION
- MERGER
- PRESCRIPTION
2
ABANDONMENT ACTION FOR TERMINATION OF EASEMENT
- EASEMENT HOLDER DEMONSTRATED INTENT TO NEVER USE THE EASEMENT AGAIN BY PHYSICAL ACTION.
- WORDS OR NON-USE BY EASEMENT HOLDER ARE INSUFFICIENT TO SUPPORT ABANDONMENT.
1
REAL COVENANT DEFINITION
- WRITTEN PROMISE CONCERNING USE OF PROPERTY
3
DEFENDANT’S RIGHT TO REMOVE TO FEDERAL COURTREQUIREMENTS
- SUBJECT MATTER JX
- IF DIVERSITY CASE, DEFENDANT CANT BE CITIZEN OF FORUM STATE
- REMOVABLE MUST BE TO FEDERAL COURT EMBRACING STATE COURT WHERE CASE ORIGINALLY FILED
4
FORUM NON CONVENIENS OCCURS WHERE COURT
- DISMISSES CASE OR
- STAYS CASE
- BECAUSE FAR MORE APPROPRIATE FORUM
- IN ANOTHER STATE OR COUNTRY.
2
CAN DISCOVERY SEEK INADMISSIBLE INFORMATION?
- DISCOVERY CAN SEEK INADMISSIBLE INFORMATION
- SO LONG AS SUCH INFORMATION CAN REASONABLY LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE
3
CROSSCLAIMS
- OFFENSIVE CLAIM FILED IN FEDERAL COURT
- AGAINST THIRD PARTY ARISING FROM SAME TRANSACTION OR OCCURRENCE GIVING RISE TO PLAINTIFF’S CLAIM
- MAY BE FILED IN PLAINTIFF’ CASE OR A SEPARATE MATTER
3
STATUATORY INTERPLEADER
- DIVERSITY ONLY REQUIRED BETWEEN CLAIMAINTS
- CLAIM MUST BE AT LEAST 500 DOLLARS
- DOESN’T HAVE JURISDICTIONAL LIMITATIONS
4
PREJUDICIAL MISCONDUCT GIVING RISE TO GROUNDS FOR MOTION FOR NEW TRIAL MAY BE COMMITTED BY
- PARTY TO CASE
- ATTORNEY
- JUROR
- THIRD PARTY
2
REMITTUR ELEMENTS
- JUDGE FINDS DAMAGE AWARD EXCESSIVE
- ORDERS NEW TRIAL FOR DEFENDANT UNLESS PLAINTIFF ACCEPTS REDUCED DAMAGE AWARD.
3
EXCEPTIONS TO THE FINAL JUDGMENT RULE - CA
- ANTI-SLAPP MOTIONS
- INJUNCTIONS
- EXTRAORDINARY WRIT
1
PRIMARY RIGHTS THEORY - CA
- SEPARATE CAUSE OF ACTION FOR EACH OF PRIMARY RIGHT.
1
CONGRESSIONAL POWER - DELEGATION LIMITATIONS
- CONGRESS MAY NOT DELEGATE ITS LEGISLATIVE POWERS
3
FREEDOM ASSOCIATION PREVENTS DENIAL OF
- GOVERNMENT JOBS
- GOVERNMENT BENEFITS
- BASED ON ASSOCIATIONS
3
EQUAL PROTECTION CLAUSE - SUSPECT CLASSES
- RACE
- ALIENAGE
- NATIONAL ORIGIN
5
WARRANT EXCEPTIONS
- SILA
- PLAIN VIEW DOCTRINE
- AUTOMOBILE EXCEPTION
- EXIGENT CIRCUMSTANCES/HOT PURSUIT
- CONSENT
1
POLICE CUSTODY OCCURS WHEN
- WHEN A REASONABLE PERSON WOULD NOT FEEL FREE TO LEAVE.
3
LARCENY
- LARCENY IS SPECIFIC INTENT CRIME
- WHERE DEFENDANT TRESPASSORILY TAKES AND CARRIES AWAY THE POSSESSORY PROPERTY OF VICTIM
- WITH THE INTENT TO PERMENENTLY DEPRIVE THE VICTIM OF HIS POSSESSORY INTEREST IN THE SAME.
3
MODERN CODIFICATIONS OF MURDER - FIRST DEGREE MURDER IS TYPICALLY CODIFIED AS A HOMICIDE COMMITED BY
- PREMEDITATION AND DELIBERATENESS
- OR ENUMERATED MEANS
- OR COMMISSION OF AN ENUMERATED FELONY.
2
MIRROR IMAGE RULE
- UNDER THE COMMON LAW MIRROR IMAGE RULE, ACCEPTANCE MUST BE AN UNEQUIVOCAL ASSENT TO THE TERMS OF THE OFFER
- BY WORDS OR PERFORMANCE
2
DEFENSE OF LACK OF CAPACITY MAY BE RAISED WHERE THE PLAINTIFF SUFFERED FROM ONE OF THE FOLLOWING CONDITIONS AT THE TIME OF ENTRY INTO THE CONTRACT
- HE WAS UNDERAGE
- OR ADJUDICATED LEGALLY INSANE
.
3
MINORITY VIEW - UNILATERAL MISTAKE WILL VOID THE CONTRACT WHERE
- MISTAKE IS DISCOVERED BEFORE NON-MISTAKEN PARTY DETRIMENTALLY RELIES ON THE CONTRACT
- NOTICE OF THE MISTAKE IS PROMPTLY GIVEN
- REIMBURSEMENT MADE FOR EXPENSES CAUSED BY THE MISTAKE.
1
ABA FEE GUIDELINES
- FEES CANNOT BE UNREASONABLE
4
DUTY OF COMPETENCE - REASONABLE SKILL ASSESSMENT FACTORS
- YEARS PRACTICING LAW
- AMT OF TIME BECOMING INFORMED
- EXPERTISE IN SUBJECT
- ABILITY TO ASSOCIATE WITH MORE EXPD COUNSEL
2
ABA REQUIREMENT WHERE ATTORNEY LEARNS OF CLIENT PERJURY
- TAKE REASONABLE REMEDIAL MEASURES
- WHERE CLIENT REFUSES TO DISCLOSE LIE, DISCLOSURE TO TRIBUNAL
1
COURTS WILL TYPICALLY NOT TRANSFER INTENT FOR
- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
1
DUTY TO MITIGATE, INJURED TORT PLAINTIFF HAS DUTY TO
- SEEK TREATMENT
1
MBE MISSED - UNDISPUTED EVIDENCE FROM DEFENDANT REBUTTING PLAITNIFF’S UNDISPUTED PRIMA FACIE EVIDENCE WILL
- ENTITLE DEFENDANT TO VERDICT
5
MBE MISSED - PAST BAD ACTS MAY BE ADMITTED TO SHOW
- PLAN
- KNOWLEDGE
- IDENTITY
- ABSENCE OF MISTAKE
- LACK OF ACCIDENT
1
UNLESS OTHERWISE AGREED, LIMITED PARTNERS IN A LIMITED PARTNERSHIP DO NOT HAVE THESE
- FIDUCIARY DUTIES
1
MBE MISSED - FRE 408 - EVIDENCE OF CONDUCT OR STATEMENTS MADE DURING THE THE COURSE OF SETTLEMENT NEGOTIATIONS
- ARE INADMISSIBLE
1
CA - QUALIFIED ATTORNEY WORK PRODUCT
- ANY ATTORNEY WORK PRODUCT NOT ABSOLUTELY PRIVILEGED
