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CA Bar Outlined and Numbered (with prompts) > deck A (1-50) > Flashcards

deck A (1-50) Flashcards

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1
Q

2

VOTING TRUST ELEMENTS

A
  1. SHARES ARE TRANSFERRED TO TRUSTEE
  2. TRUSTEE VOTES AND DISTRIBUTES DIVIDENDS IN ACCORDANCE WITH WISHES OF THE TRUST
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2
Q

2

REMEDY FOR VIOLATING 10b-5 (INSIDER TRADING)

A
  1. DIFFERENCE BETWEEN PROCEEDS AND HONEST TRADE
  2. MUST BE DISGORGED TO CORPORATION
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3
Q

3

AMENDING CORPORATE BYLAWS REQUIREMENTS

A
  1. APPROVAL OF SHAREHOLDERS
  2. APROVAL OF DIRECTORS
  3. FILING OF CHANGED ARTICLES WITH SECRETARY OF STATE
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4
Q

3

IMPLIED ACTUAL AUTHORITY (AGENCY) CREATED BY

A
  1. CUSTOM
  2. PRIOR DEALINGS
  3. AGENT’S REASONABLE BELIEF OF AUTHORITY NECESSARY TO ACCOMPLISH EXPRESSLY DIRECTED TASTS
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5
Q

2

QUASI-COMMUNITY PROPERTY

A
  1. PROPERTY ACQUIRED BY SPOUSE WHILE DOMICILED ELSEWHERE
  2. WHICH WOULD HAVE BEEN CP IF ACQUIRED WHILE DOMICILED IN CA
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6
Q

3

TRANSMUTATION - WRITING NOT REQUIRED FOR GIFTS BETWEEN SPOUSES WHERE

A
  1. TANGIBLE ARTICLES OF PERSONAL NATURE
  2. INSUBSTANTIAL IN VALUE
  3. IN CONTEXT OF MARITAL CIRCUMSTANCES
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7
Q

2

DISTRIBUTION OF ASSETS TO SURVIVING SPOUSE AT DEATH - DECEDENT SPOUSE WAS INTESTATE

A
  1. SURVIVING SPOUSE ENTITLED TO DECEDENT’S SHARE OF CP AND QCP
  2. SURVIVING SPOUSE ENTITLED TO 1/3 OF DECEDENT’S SP (DEPENDING ON SURVIVING PARENTS OR ISSUE)
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8
Q

2

DEBT - TIMING - CHILD SUPPORT

A
  1. LIABILITY FOR CHILD SUPPORT FOR A CHILD NOT A PRODUCT OF THE MARRIAGE IS TREATED AS A PRE-MARRIAGE DEBT
  2. REGARDLESS OF WHEN SUPPORT ORDER ENTERED OR MODIFIED
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9
Q

2

DISTRIBUTION OF COMMNITY ASSETS AT DEATH - GENERAL RULE

A
  1. ONE HALF CP AND QCP TO SURVIVING SPOUSE
  2. ONE HALF CP AND QCP TO ESTATE
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10
Q

2

VALID WILL - WILL STILL VALID W/NO WITNESSES WHERE THE WILL PROPONENT CAN PROVE

A
  1. TESTAMENTARY INTENT
  2. WITH CLEAR AND CONVINCING EVIDENCE
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11
Q

4

OF SOUND MIND - NO CAPACITY WHERE TESTATOR INFLUENCED BY

A
  1. FRAUD
  2. DURESS
  3. MENACE
  4. UNDUE INFLUENCE
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12
Q

2

INTEGRATION OF DOCUMENTS INTO WILL - REQUIREMENTS

A
  1. DOCUMENTS WERE PRESENT AT THE TIME TESTATOR EXECUTED WILL AND
  2. TESTATOR INTENDED THEM TO BE PART OF HIS WILL
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13
Q

2

REVOCATION OF WILL - WHERE DEVISE MADE TO MULTIPLE BENEFICIARIES AND ONE BENFICIARY IS CROSSED OUT, WHO RECEIVES THE CROSSED OUT BENEFICIARY’S PORTION?

A
  1. WILL RESIDUE RECEIVES CROSSED OUT PORTION
  2. NOT REMAINING BENEFICIARIES
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14
Q

4

CONSTRUCTIVE TRUST

A
  1. EQUITABLE REMEDY
  2. IMPOSED BY COURTS
  3. WHERE DEFENDANT IS UNJUSTLY ENRICHED BY PROPERTY
  4. AND IT IS INEQUITABLE FOR HIM TO KEEP PROPERTY
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15
Q

3

BALANCING OF HARDSHIPS IN AWARDING INJUNCTION - EXTRA CONSIDERATION FACTORS

A
  1. LARGE DISPARITY WEIGHS IN FAVOR OF SEVERELY IMPACTED PARTY
  2. WILLFUL MISCONDUCT WEIGHT AGAINST WRONGDOER
  3. PUBLIC INTEREST CONCERNS
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16
Q

5

LIFE ESTATE - OTF2C

A
  1. OWNERSHIP - FOR THE STATED LIFE OF A PERSON.
  2. TRANSFERABILITY - ALIENABLE, DEVISABLE, DESCENDIBLE, SUBJECT TO THE DURATION OF THE LIFETIME.
  3. FUTURE INTEREST GRANTOR OWNS - REVERSION (IF HELD BY GRANTOR.)
  4. FUTURE INTEREST THIRD PARTY OWNS - REMAINDER (IF HELD BY THIRD PARTY)
  5. CREATED BY - WORDS OF IDENTIFICATION
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17
Q

3

ABANDONMENT OPTIONS FOR LANDLORD

A
  1. ACCEPT ABANDONMENT AND TERMINATE LEASE OR
  2. RELET PREMISES ON BEHALF OF TENANT (WITH NOTICE) OR
  3. LEAVE PREMISES VACANT AND CONTINUE TO COLLECT RENT (MODERNLY W/DUTY TO MITIGATE)
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18
Q

3

GENERAL RULE OF ASSIGNMENTS IN LEASES

A
  1. PARTIES MAY TRANSFER INTERESTS IN LEASES
  2. UNLESS AGREED OTHERWISE
  3. PROHIBITIONS ON TRANSFERS ARE ENFORCEABLE.
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19
Q

3

DUE PROCESS - NOTIONS OF FAIR PLAY AND SUBSTANTIAL JUSTICE ARE NOT OFFENDED WHERE

A
  1. CLAIM IS RELATED TO DEFENDANT’S CONTACT WITH THE FORUM STATE
  2. DEFENDANT HAS CONTINOUS OR SYSTEMATIC CONTACT WITH THE FORUM STATE
  3. FORUM IS NOT GRAVELY DIFFICULT AND INCONVENIENT FOR THE DEFENDANT.
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20
Q

4

ABSOLUTE PRIVILEGE FOR ATTORNEY WORK PRODUCT APPLIES TO:

A
  1. MENTAL IMPRESSIONS
  2. LEGAL THEORIES
  3. OPINIONS
  4. CONCLUSIONS
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21
Q

3

FEDERAL - PROTECTED ATTORNEY/WORK PRODUCT CAN BE GENERATED BY

A
  1. ATTORNEY
  2. THE PARTY FOR ATTORNEY’S USE
  3. THE PARTY’S REPRESENTATIVE FOR ATTORNEY’S USE
22
Q

5

PARTY NECESSARY FOR JUST ADUDICATION REQUIREMENTS (19A)

A
  1. COMPLETE RELIEF CANNOT BE ACCORDED TO THOSE ALREADY IN LAWSUIT
  2. THE PARTY’S ABSENCE MAY IMPEDE HIS/HER ABILITY TO PROTECT INTEREST
  3. RISK OF MULTIPLE OR INCONSISTENT OBLIGATIONS W/OUT PARTY
  4. MISSING PARTY SUBJECT TO SERVICE OF PROCESS
  5. JOINDER WON’T DESTROY DIVERSITY
23
Q

1

WHAT IS A PRIMARY RIGHT?

A

1) PLAINTIFF’S RIGHT TO BE FREE FROM A PARTICULAR INJURY.

24
Q

2

CONGRESSIONAL POWERS - NECESSARY AND PROPER CLAUSE

A
  1. CONGRESS HAS AUTHORITY TO ENACT LAWS NECESSARY AND PROPER TO ACCOMPLISH ITS ENUMERATED POWERS
  2. WHERE THE LAW IS RATIONALLY RELATED TO THE IMPLIMENTATION OF ITS ENUMERATED POWER
25
Q

2

CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATE LAW UNDULY BURDENING INTERSTATE COMMERCE WILL STILL BE VALID WHERE THE STATE

A
  1. IS ACTING TO FURTHER IMPORTANT INTEREST
  2. NO LESS DISCRIMINATORY ALTERNATIVES AVAILABLE.
26
Q

2

FREE SPEECH REGULATION LIMITATION - UNFETTERED DISCRETION OCCURS WHEN THE LAW GOVERNING THE GRANTING OF PERMITS

A
  1. DOES NOT SET FORTH NARROW AND SPECIFIC GROUNDS LIMITING DECISION MAKER
  2. PERMIT MECHANISMS ARE NOT NARROWLY TAILORED TO REGULATION’S OBJECTIVE
27
Q

3

WAIVER OF MIRANDA MUST BE MADE

A
  1. VOLUNTARILY
  2. KNOWINGLY
  3. INTELLIGENTLY
28
Q

3

JOINING A CONSPIRACY ALREADY IN PROGRESS

A
  1. WHERE DEFENDANT JOINS AN ALREADY IN PROGRESS CONSPIRACY
  2. MOST COURTS WILL HOLD DEFENDANT NOT LIABLE FOR PRIOR CRIMES OF CO-CONSPIRATORS
  3. UNLESS DEFENDANT SEEKS TO BENEFIT FROM THOSE PRIOR CRIMES.
29
Q

2

ACCOMPLICE LIABILITY

A
  1. VICARIOUS CRIMINAL LIABILITY FOR ACTS OF CO-CRIMINALS
  2. DIRECTLY AND FORESEEABLY RESULTING FROM DEFENDANT’S OWN CRIMINAL ACTS
30
Q

2

DEFENSE OF LEGAL IMPOSSIBLITY AS DEFENSE TO ATTEMPT CRIME

A
  1. DEFENDANT MAY RAISE DEFENSE OF LEGAL IMPOSSILBITY TO AN ATTEMPT CRIME
  2. WHERE SUBSTANTIAL STEP WAS TAKEN WAS TOWARD AN ACT THAT WASN’T ACTUALLY ILLEGAL.
31
Q

3

COMPOUNDING IS THE CRIME OF

A
  1. TAKING MONEY OR SOMETHING OF VALUE
  2. IN EXCHANGE FOR A PROMISE
  3. TO NOT TO REPORT ANOTHER’S CRIME.
32
Q

2

UNDER THE DEFENSE OF PUBLIC AUTHORITY, POLICE OFFICER DEFENDANTS

A
  1. HAVE A LIMITED PRIVILEGE
  2. TO USE REASONABLE FORCE
  3. IN THE PROPER PERFORMANCE OF THEIR DUTIES.
33
Q

4

UNVAILABITY IS REQUIRED FOR THESE HEARSAY EXCEPTIONS

FAD PINKERTON

A
  1. FORMER TESTIMONY
  2. STATEMENT AGAINST INTEREST
  3. DYING DECLARATION
  4. STATEMENT OF PERSONAL OR FAMILY HISTORY
34
Q

4

CATCHALL HEARSAY EXCEPTION - STATEMENT WILL BE ADMISSIBLE WHERE IT HAS

A
  1. CIRCUMSTANTIAL GUARANTEES OF TRUSTWORTHINESS
  2. OFFERED AS EVIDENCE OF MATERIAL FACT
  3. MORE PROBATIVE ON THE POINT THAN ANY OTHER PRESENTLY AVAILABLE EVIDENCE.
  4. ADMISSION SERVES THE INTEREST OF JUSTICE.
35
Q

5

WHEN IS A STATEMENT NOT HEARSAY?

A
  1. STATEMENT OFFERED FOR IMPEACHMENT
  2. VERBAL ACTS OR PARTS OF ACTS
  3. OFFERED TO SHOW EFFECT ON LISTENER OR READER
  4. VERBAL OBJECTS
  5. CIRCUMSTANTIAL EVIDENCE OF STATE OF MIND
36
Q

1

AFFECT OF PERFECT TENDER RULE ON NONBREACHING BUYER’S ABILITY TO ACCEPT OR REJECT NON-CONFORMING GOODS

A
  1. THE NONBREACHING BUYER MAY ACCEPT OR REJECT NONCONFORMING GOODS.
37
Q

2

MEASURE OF DAMAGES FOR THE NONBREACHING BUYER WHO PROCURES COVER

A
  1. EXCESS OF THE COVER PRICE
  2. OVER THE CONTRACT PRICE
38
Q

2

WRITING REQUIREMENT FOR FEES (CA)

A
  1. ALWAYS FOR CONTINGENCY CASES
  2. NON-CONTINGENCY CASES - WHERE REASONABLY FORESEEABLE THAT FEES WILL EXCEED 1K
39
Q

2

ABA - LAWYERS ARE NOT ALLOWED TO MAKE LOANS IN CONNECTION W/LITIGATION EXCEPT ADVANCING LITIGATION COSTS FOR

A
  1. CONTINGENCY CASE
  2. CASE W/ INDIGENT CLIENT
40
Q

2

LIMITATION ON FEE AMOUNTS - ATTORNEY FEES MUST NOT BE

A
  1. ABA - UNREASONABLE
  2. CA- UNCONSCIONABLE
41
Q

2

SCOPE OF REPRESENTATION - CLIENT DETERMINES VS. ATTORNEY DETERMINES

A
  1. CLIENT DETERMINES END GOALS OF REPRESENTATION
  2. ATTORNEY DETERMINES MEANS OF ACCOMPLISHING GOALS
42
Q

1

CONTRACT CHOICE OF LAW PROVISIONS - WHERE LAW CONFLICTS WITH CA PUBLIC POLICY, CA WILL APPLY CA LAWS WHERE

A
  1. IT HAS A MATERIALLY GREATER INTEREST IN HAVING ITS OWN LAW APPLIED VS. THE OTHER STATE
43
Q

1

COMPARATIVE FAULT - DEFENDANT MAY RAISE DEFENSE TO NEGLIGENCE WHERE

A
  1. PLAINTIFF CONTRIBUTED A PERCENTAGE OF FAULT TO THE ACCIDENT
44
Q

2

AVAILABILITY OF ASSUMPTION OF RISK AS A DEFENSE TO PRODUCTS LIABILITY WHERE PLAINTIFF KNEW OF RISKS FROM PRODUCT

A
  1. IF PLAINTIFF HAD NO CHOICE BUT TO CONTINUE USING THE PRODUCT
  2. ASSUMPTION OF RISK IS NOT AN AVAILABLE DEFENSE
45
Q

3

REQUIREMENT FOR RECOVERING PUNITIVE DAMAGES FOR DEFAMATION - PLAINTIFF MUST PROVE

A
  1. ACTUAL MALICE
  2. FALSE STATEMENT WAS MADE WITH KNOWLEDGE OF THE STATEMENT’S FALSITY
  3. OR BLATANT DISREGARD FOR THE TRUTH
46
Q

1

MBE MISSED - WHERE SALE PROCEEDS WILL PAY OFF A MORTGAGE TO MAKE TITLE MARKETABLE, SELLER HAS

A
  1. AN IMPLIED RIGHT TO USE PROCEEDS OF SALE TO PAY OFF MORTGAGE
47
Q

1

MBE MISSED - COMMERCIAL SPEECH RECIEVES THIS LEVEL OF SCRUTIY

A
  1. INTERMEDIATE SCRUTINY
48
Q

2

VOLUNTARY DISSOLUTION OF A CORPORATION MUST BE APPROVED BY

A
  1. MAJORITY OF VOTING SHAREHOLDERS
  2. BOARD OF DIRECTORS WHERE CORP INSOLVENT
49
Q

3

CEC: ON CROSS-EXAMINATION, PROSECUTOR MAY REBUT DEFENDANT’S CHARACTER EVIDENCE WITH

A
  1. REPUTATION EVIDENCE
  2. OPINION EVIDENCE
  3. NO PAST BAD ACTS (SUBJECT TO PROP. 8)
50
Q

9

PROP 8 EXEMPTIONS

(DR MAMMAL COUNTS SHEEP)

A
  1. DEFENDANT MUST OPEN THE DOOR TO CHARACTER EVIDENCE
  2. RAPE SHIELD LAWS STILL APPLY
  3. NO CONTEMPT FOR MEMBER OF MEDIA
  4. COURT STILL HAS POWER TO EXCLUDE FOR CEC 252
  5. SECONDARY EVIDENCE RULE
  6. HEARSAY
  7. EXCLUSIONARY RULES FROM U.S. CONSTUTION
  8. EXCLUSIONARY RULES PASSED BY 2/3 OF CA LEGISLATURE POST 1982
  9. PRIVILEGES STILL APPLY
51
Q

5

ABA- SCOPE OF REPRESENTATION - CLIENT MAKES THESE MAJOR DECISIONS IN CASE

A
  1. OBJECTIVES OF REPRESENTATION
  2. PLEA BARGAINS
  3. SETTLEMENTS
  4. JURY TRIAL
  5. WHETHER OR NOT TO TESTIFY
52
Q

1

VERBAL ACTS

A
  1. HAVE INDEPENDENT LEGAL SIGNIFICANCE

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

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