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CA Bar Outlined and Numbered (with prompts) > deck 0 (718-768) > Flashcards

deck 0 (718-768) Flashcards

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MBE flashcards
1
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A
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2
Q

2

PIERCING THE CORPORATE VEIL CAUSES - FRAUD - CORP WAS FORMED

A
  1. TO COMMIT FRAUD
  2. TO SHIELD SHAREHOLDERS FROM EXISTING OBLIGATIONS
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3
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1

PIERCING THE CORPORATE VEIL - ESTOPPEL

A
  1. DIRECTOR/OFFICER MADE A REPRESENTATION OF PERSONAL LIABILITY FOR CORPORATE DEBTS
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4
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4

PRIORITY OF DIVIDEND DISTRIBUTION

A
  1. PREFERRED WITH DIVIDEND PREFERENCE
  2. PREFERRED AND PARTICIPATING
  3. PREFERRED AND CUMULATIVE
  4. COMMON STOCK
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5
Q

4

RESTRICTIONS ON SELLING CONTROLLING PERCENTAGE OF CORPORATE SHARES - SHARES MUST NOT BE SOLD TO

A
  1. LOOTERS
  2. THOSE WHOSE INTENT TO HARM CORP SHOULD BE KNOWN.
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6
Q

4

REQUIREMENTS OF DISSENTING SHAREHOLDER TO BE COMPENSATED FOR SHARES

A
  1. NOTICE OBJECTION TO CHANGE AND INTENT TO DEMAND PAYMENT
  2. DELIVER WRITTEN NOTICE
  3. CANNOT VOTE IN FAVOR OF CHANGE
  4. DEMAND PAYMENT IN WRITING
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7
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1

TRANSMUTATION

A
  1. CHANGE THE PROPERTY CHARACTERIZATION OF AN ASSET
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8
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2

JUDICIAL TREATMENT OF PUTATIVE SPOUSE - JURISDICITONAL SPLIT

A
  1. 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)
  2. SOME JURISDICTIONS WILL TREAT ONLY THE SPOUSE WITH THE GOOD FAITH BELIEF OF THE MARRIAGE’S VALIDITY AS THE PUTATIVE SPOUSE
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9
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2

DISTRIBUTION OF ASSETS AT DEATH - SPOUSES’ RIGHTS TO QCP

A
  1. DECEDENT DOES NOT HAVE 1/2 INTEREST IN SURVIVING SPOUSES QCP
  2. SURVIVING SPOUSE DOES HAVE 1/2 INTEREST IN DECEDENT’S QCP
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10
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1

HOLGRAPHIC WILL

A
  1. SIGNATURE AND AT LEAST MATERIAL PROVISIONS IN TESTATOR’S HANDWRITING
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11
Q

2

FRAUD IN THE INDUCEMENT OCCURS WHEN AND CONSEQUENCE

A
  1. TESTATOR INFLUENCED TO INCLUDE PROVISIONS IN WILL BY MISREPRESENTATIONS
  2. ONLY FRAUDULENT PROVISIONS WILL BE FOUND INVALID
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12
Q

3

INTESTATE SUCCESSION - SEPARATE PROPERTY

A
  1. IF ONLY SPOUSE SURVIVING - SPOUSE TAKES ALL
  2. IF ONE CHILD, OR SIBLING, OR PARENT - SPOUSE TAKES HALF
  3. IF MULTIPLE CHILDREN OR SIBLINGS, SPOUSE TAKES 1/3
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13
Q

2

TRUSTEE NAMING REQUIREMENTS OF A TRUST

A
  1. TRUSTEE NEED NOT BE NAMED
  2. COURT WILL APPOINT TRUSTEE WHERE TRUST DOES NOT NAME ONE
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14
Q

8

DUTES OF TRUSTEE

A
  1. DUTY TO ACCOUNT AND INFORM
  2. DUTY OF DUE CARE
  3. DUTY OF IMPARTIALITY BETWEEN CLASSES OF BENEFICIARIES
  4. DUTY TO SEGREGATE AND EARMARK TRUST FUNDS
  5. DUTY OF LOYALTY
  6. DUTY TO PRUDENTLY INVEST TO MAKE PROPERTY PRODUCTIVE
  7. DUTY TO DEFEND
  8. DUTY TO ENFORCE
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15
Q

2

TRO REQUIRES A SHOWING OF

A
  1. IRREPERABLE HARM DURING WAITING PERIOD FOR INJUNCTION
  2. IF TRO NOT GRANTED
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16
Q

3

PRELIMINARY INJUNCTION REQUIRES A SHOWING OF

A
  1. NEED OF MAINTAINING STATUS QUO PRIOR TO TRIAL
  2. BALANCING OF HARDSHIPS IN FAVOR OF GRANTING INJUNCTION
  3. LIKELIHOOD OF SUCCESS OF MERITS ON UNDERLYING CLAIM
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17
Q

2

MUTUALITY OF PERFORMANCE REQUIREMENT FOR SPECIFIC PERFORMANCE AND COMMON LAW/MODERN DIFFERENCES

A
  1. AT COMMON LAW, COURTS REQUIRED MUTUALITY OF REMEDY
  2. MODERNLY, COURTS ONLY REQUIRE MUTUALITY OF PERFORMANCE
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18
Q

2

ADVERSE POSSESSION - ACTUAL AND EXCLUSIVE REQUIREMENTS

A
  1. ACTUAL - OCCUPIER MADE USE OF THE LAND IN THE SAME MANNER THAT A TYPICAL USER OF SUCH LAND WOULD
  2. EXCLUSIVE - OCCUPIER MAY NOT SHARE LAND WITH OWNER OR PUBLIC
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19
Q

2

MANIFESTATIONS OF GRANTOR’S INTENT TO MAKE DEED PRESENTLY EFFECTIVE

A
  1. RECORDING OF DEED
  2. GRANTOR GIVES GRANTEE DEED
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20
Q

4

LANDLORD/TENANT QUESTIONS - ORDER OF LANDLORD STRING

A
  1. RELATIONSHIP BETWEEN SUCCESSIVE LANDLORDS
  2. DEEDS OF TRANSFER
  3. PRIVITY BETWEEN CURRENT LANDLORD AND TENANT
  4. DUTIES OWED
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21
Q

8

TERMINATION OF EASEMENTS (END CRAMP)

A
  1. ESTOPPEL
  2. NECESSITY ENDED
  3. DESTRUCTION OF SERVIENT LAND
  4. CONDEMNATION BY EMINENT DOMAIN
  5. RELEASE IN WRITING BY EASEMENT HOLDER
  6. ABANDONMENT ACTION
  7. MERGER
  8. PRESCRIPTION
22
Q

2

ABANDONMENT ACTION FOR TERMINATION OF EASEMENT

A
  1. EASEMENT HOLDER DEMONSTRATED INTENT TO NEVER USE THE EASEMENT AGAIN BY PHYSICAL ACTION.
  2. WORDS OR NON-USE BY EASEMENT HOLDER ARE INSUFFICIENT TO SUPPORT ABANDONMENT.
23
Q

1

REAL COVENANT DEFINITION

A
  1. WRITTEN PROMISE CONCERNING USE OF PROPERTY
24
Q

3

DEFENDANT’S RIGHT TO REMOVE TO FEDERAL COURTREQUIREMENTS

A
  1. SUBJECT MATTER JX
  2. IF DIVERSITY CASE, DEFENDANT CANT BE CITIZEN OF FORUM STATE
  3. REMOVABLE MUST BE TO FEDERAL COURT EMBRACING STATE COURT WHERE CASE ORIGINALLY FILED
25
Q

4

FORUM NON CONVENIENS OCCURS WHERE COURT

A
  1. DISMISSES CASE OR
  2. STAYS CASE
  3. BECAUSE FAR MORE APPROPRIATE FORUM
  4. IN ANOTHER STATE OR COUNTRY.
26
Q

2

CAN DISCOVERY SEEK INADMISSIBLE INFORMATION?

A
  1. DISCOVERY CAN SEEK INADMISSIBLE INFORMATION
  2. SO LONG AS SUCH INFORMATION CAN REASONABLY LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE
27
Q

3

CROSSCLAIMS

A
  1. OFFENSIVE CLAIM FILED IN FEDERAL COURT
  2. AGAINST THIRD PARTY ARISING FROM SAME TRANSACTION OR OCCURRENCE GIVING RISE TO PLAINTIFF’S CLAIM
  3. MAY BE FILED IN PLAINTIFF’ CASE OR A SEPARATE MATTER
28
Q

3

STATUATORY INTERPLEADER

A
  1. DIVERSITY ONLY REQUIRED BETWEEN CLAIMAINTS
  2. CLAIM MUST BE AT LEAST 500 DOLLARS
  3. DOESN’T HAVE JURISDICTIONAL LIMITATIONS
29
Q

4

PREJUDICIAL MISCONDUCT GIVING RISE TO GROUNDS FOR MOTION FOR NEW TRIAL MAY BE COMMITTED BY

A
  1. PARTY TO CASE
  2. ATTORNEY
  3. JUROR
  4. THIRD PARTY
30
Q

2

REMITTUR ELEMENTS

A
  1. JUDGE FINDS DAMAGE AWARD EXCESSIVE
  2. ORDERS NEW TRIAL FOR DEFENDANT UNLESS PLAINTIFF ACCEPTS REDUCED DAMAGE AWARD.
31
Q

3

EXCEPTIONS TO THE FINAL JUDGMENT RULE - CA

A
  1. ANTI-SLAPP MOTIONS
  2. INJUNCTIONS
  3. EXTRAORDINARY WRIT
32
Q

1

PRIMARY RIGHTS THEORY - CA

A
  1. SEPARATE CAUSE OF ACTION FOR EACH OF PRIMARY RIGHT.
33
Q

1

CONGRESSIONAL POWER - DELEGATION LIMITATIONS

A
  1. CONGRESS MAY NOT DELEGATE ITS LEGISLATIVE POWERS
34
Q

3

FREEDOM ASSOCIATION PREVENTS DENIAL OF

A
  1. GOVERNMENT JOBS
  2. GOVERNMENT BENEFITS
  3. BASED ON ASSOCIATIONS
35
Q

3

EQUAL PROTECTION CLAUSE - SUSPECT CLASSES

A
  1. RACE
  2. ALIENAGE
  3. NATIONAL ORIGIN
36
Q

5

WARRANT EXCEPTIONS

A
  1. SILA
  2. PLAIN VIEW DOCTRINE
  3. AUTOMOBILE EXCEPTION
  4. EXIGENT CIRCUMSTANCES/HOT PURSUIT
  5. CONSENT
37
Q

1

POLICE CUSTODY OCCURS WHEN

A
  1. WHEN A REASONABLE PERSON WOULD NOT FEEL FREE TO LEAVE.
38
Q

3

LARCENY

A
  1. LARCENY IS SPECIFIC INTENT CRIME
  2. WHERE DEFENDANT TRESPASSORILY TAKES AND CARRIES AWAY THE POSSESSORY PROPERTY OF VICTIM
  3. WITH THE INTENT TO PERMENENTLY DEPRIVE THE VICTIM OF HIS POSSESSORY INTEREST IN THE SAME.
39
Q

3

MODERN CODIFICATIONS OF MURDER - FIRST DEGREE MURDER IS TYPICALLY CODIFIED AS A HOMICIDE COMMITED BY

A
  1. PREMEDITATION AND DELIBERATENESS
  2. OR ENUMERATED MEANS
  3. OR COMMISSION OF AN ENUMERATED FELONY.
40
Q

2

MIRROR IMAGE RULE

A
  1. UNDER THE COMMON LAW MIRROR IMAGE RULE, ACCEPTANCE MUST BE AN UNEQUIVOCAL ASSENT TO THE TERMS OF THE OFFER
  2. BY WORDS OR PERFORMANCE
41
Q

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

A
  1. HE WAS UNDERAGE
  2. OR ADJUDICATED LEGALLY INSANE

.

42
Q

3

MINORITY VIEW - UNILATERAL MISTAKE WILL VOID THE CONTRACT WHERE

A
  1. MISTAKE IS DISCOVERED BEFORE NON-MISTAKEN PARTY DETRIMENTALLY RELIES ON THE CONTRACT
  2. NOTICE OF THE MISTAKE IS PROMPTLY GIVEN
  3. REIMBURSEMENT MADE FOR EXPENSES CAUSED BY THE MISTAKE.
43
Q

1

ABA FEE GUIDELINES

A
  1. FEES CANNOT BE UNREASONABLE
44
Q

4

DUTY OF COMPETENCE - REASONABLE SKILL ASSESSMENT FACTORS

A
  1. YEARS PRACTICING LAW
  2. AMT OF TIME BECOMING INFORMED
  3. EXPERTISE IN SUBJECT
  4. ABILITY TO ASSOCIATE WITH MORE EXPD COUNSEL
45
Q

2

ABA REQUIREMENT WHERE ATTORNEY LEARNS OF CLIENT PERJURY

A
  1. TAKE REASONABLE REMEDIAL MEASURES
  2. WHERE CLIENT REFUSES TO DISCLOSE LIE, DISCLOSURE TO TRIBUNAL
46
Q

1

COURTS WILL TYPICALLY NOT TRANSFER INTENT FOR

A
  1. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
47
Q

1

DUTY TO MITIGATE, INJURED TORT PLAINTIFF HAS DUTY TO

A
  1. SEEK TREATMENT
48
Q

1

MBE MISSED - UNDISPUTED EVIDENCE FROM DEFENDANT REBUTTING PLAITNIFF’S UNDISPUTED PRIMA FACIE EVIDENCE WILL

A
  1. ENTITLE DEFENDANT TO VERDICT
49
Q

5

MBE MISSED - PAST BAD ACTS MAY BE ADMITTED TO SHOW

A
  1. PLAN
  2. KNOWLEDGE
  3. IDENTITY
  4. ABSENCE OF MISTAKE
  5. LACK OF ACCIDENT
50
Q

1

UNLESS OTHERWISE AGREED, LIMITED PARTNERS IN A LIMITED PARTNERSHIP DO NOT HAVE THESE

A
  1. FIDUCIARY DUTIES
51
Q

1

MBE MISSED - FRE 408 - EVIDENCE OF CONDUCT OR STATEMENTS MADE DURING THE THE COURSE OF SETTLEMENT NEGOTIATIONS

A
  1. ARE INADMISSIBLE
52
Q

1

CA - QUALIFIED ATTORNEY WORK PRODUCT

A
  1. ANY ATTORNEY WORK PRODUCT NOT ABSOLUTELY PRIVILEGED

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

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