deck AA (1289-1339) Flashcards
2
DE FACTO CORPORATION IS CREATED BY A
- GOOD FAITH BUT UNSUCCESSFUL ATTEMPT TO INCORPORATE
- UNDER A VALID INCORPORATION STATUTE
4
STOCK PRICES
- PAR VALUE IS SET MINIMUM PRICE AT ISSUANCE AND STOCK MAY NOT BE SOLD FOR LESS THAN THIS.
- NO PAR IS NO MINIMUM PRICE FOR STOCK.
- TREASURY STOCK IS PREVIOUSLY ISSUED AND REAQUIRED AND MAY BE TREATED AS NO PAR.
- MODERNLY, MOSTLY OBSOLETE. CALIFORNIA DOESN’T REQUIRE PAR VALUE.
2
SHAREHOLDER RIGHTS - SHAREHOLDERS WHO DISSENT FROM A PROPOSED FUNDAMENTAL CORPORATE CHANGE
- MAY HAVE RIGHT TO DEMAND CORP PURCHASE THEIR SHARES
- AT FAIR MARKET VALUE
3
AGENT’S REMEDIES FOR PRINCIPAL’S BREACH
- TERMINATE AGENCY RELATIONSHIP
- CONTRACT DAMAGES FOR BREACH
- POSSESSORY LIEN FOR MONEY DUE
1
REMEDY FOR SUBAGENT’S BREACH
- AGENT IS LIABLE TO PRINCIPAL FOR SUBAGENT’S BREACH
4
PARTNERSHIP RIGHTS TO PARTNERSHIP PROPERTY - PROPERTY AQUIRED BY THE PARTNERSHIP
- BELONGS TO THE PARTNERSHIP
- IS NOT CO-OWNED BY PARTNERS
- CANNOT BE TRANSFERRED BY PARTNERS
- CAN ONLY BE USED FOR PARTNERSHIP
3
STRUCTURE OF
LIMITED PARTNERSHIP
- TWO TIERED PARTNERSHIP STRUCTURE
- AT LEAST ONE GENERAL PARTNER
- AT LEAST ONE LIMITED PARTNER
2
SPOUSE MANAGEMENT AND CONTROL OF PERSONAL PROPERTY - OTHER SPOUSE’S WRITTEN CONSENT NEEDED WHERE COMMUNITY PERSONAL PROPERTY IS
- GIFTED
- DISPOSED FOR LESS THAN FAIR AND REASONABLE VALUE
3
SPECIAL CLASSIFICATIONS - SEVERANCE PAY
- CP WHERE REPLACING EARNING DURING THE MARRIAGE
- OR ENHANCE RETIREMENT DURING MARRIAGE
- SP WHERE GIVEN TO REPLACE FUTURE EARNINGS
2
CHEESE IS
- GOOD
- WORTHWHILE
2
ESTOPPEL - GROUNDS FOR CLAIM OF PUTATIVE SPOUSE
- PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID
- OR PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID AND TREATED IT LIKE IT WAS VALID
3
SPECIAL CLASSIFICATIONS - LIFE INSURANCE - DEVISE OF BENEFITS
- WHERE POLICY IS CP
- DECEDENT MAY ONLY DEVISE 1/2 INTEREST TO BENEFICIARY OTHER THAN SPOUSE
- WITHOUT SPOUSE’S WRITTEN CONSENT
3
POUR OVER WILL - VALIDITY REQUIREMENTS
- WILL IDENTIFIES INTER VIVOS TRUST
- TERMS OF INTER VIVOS TRUST ARE SET FORTH IN INSTRUMENT BESIDES WILL
- INTER VIVOS TRUST WAS EXECUTED CONCURRENTLY OR BEFORE WILL EXECUTION
7
WILL PARAGRAPH
WHY DID EVERYBODY VALIDATE THE CRAPPY FART??
- A WILL IS A WRITTEN INSTRUMENT
- DICTATING HOW A PERSON’S ESTATE IS TO BE DISTRIBUTED UPON DEATH.
- EFFECTIVE UPON THE DEATH OF ITS AUTHOR, THE TESTATOR.
- FOR A WILL TO BE VALID, THERE MUST BE
- PRESENT TESTAMENTARY INTENT,
- CAPACITY.
- AND IT MUST ALSO MEET ALL REQUIRED FORMALITIES.
3
PUNITIVE DAMAGES ONLY AWARDED WHERE DEFENDANT ACTED WITH
- MALICE
- OPPRESSION
- OR FRAUD
2
DEFENSE TO SPECIFIC PERFORMANCE - HARDSHIP/SHARP PRACTICES
- UNEVEN BARGAINING POWER
- CONSIDERATION SO DISPROPORTIONATE IT WOULD SHOCK THE CONSCIENCE
3
REMEDIES FOR ENCROACHMENT
- DAMAGES
- EJECTMENT
- INJUNCTION
6
SPECIFIC PERFORMANCE REQUIREMENTS FOR BREACH OF LAND SALE CONTRACT
(CHOCOLATE CHEESECAKE IS MY FAVORITE DESSERT)
- VALID CONTRACT WITH CERTAIN TERMS CAPABLE OF ENFORCEMENT
- CONDITIONS ON PLAINTIFF HAVE BEEN MET
- INADEQUATE REMEDY AT LAW
- MUTUALITY OF PERFORMANCE
- FEASIBILITY OF ENFORCEMENT
- NO AVAILABLE DEFENSES FOR BREACHING PARTY
3
MORTGAGE - ELEMENTS
- CONVEYANCE OF A SECURITY INTEREST
- IN LAND INTENDED BY THE PARTIES TO BE COLLATERAL
- FOR THE REPAYMENT OF A FINANCIAL OBLIGATION
2
QUITCLAIM DEED
- CONVEYS WHATEVER INTEREST GRANTOR ACTUALLY HAS IN TITLE
- CONTAINS NO COVENANTS OF TITLE
1
RIGHT OF REENTRY - FUTURE INTEREST CONVEYED BY
- FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT
5
LANDLORD/TENANT QUESTIONS/ORDER OF ESSAY APPROACH
- INTRO SENTENCE
- TENANT STRING
- LANDLORD STRING
- DEFENSES TO PAYMENT OF RENT
- EXPRESS REAL COVENANTS (IF APPLICABLE)
2
LANDLORD ELECTION FOR TENANCY AT SUFFERANCE
- LANDLORD MAY EVICT TENANT
- OR LANDLORD MAY HOLDOVER TENANT FOR PERIODIC TENANCY
7
DEFENSES TO FAILURE TO PAY RENT
- FAILURE TO DELIVER POSSESSION
- BREACH OF COVENANT OF QUIET ENJOYMENT
- CONSTRUCTIVE EVICTION
- NO FAULT DESTRUCTION OF PREMISES
- CONTRACT DEFENSES
- SURRENDER OF PREMISES ACCEPTED BY LANDLORD
- RELETTING OF PREMISES BY LANDLORD
2
USING FORCE IN EVICTION
- AT COMMON LAW, REASONABLE FORCE WAS OK TO EVICT TENANT
- MODERNLY, MUST USE COURTS. NO MANUAL EVICTION.
2
MATERIAL BREACH OF LEASE REMEDY OPTIONS
- SEEK EVICTION THROUGH COURTS
- TERMINATE LEASE AND SUE FOR DAMAGES
2
FEDERAL VENUE IS PROPER IN THE THE DISTRICT WHERE
- INJURY OCCURRED
- LAND IN DISPUTE IS LOCATED
3
COUNTERCLAIM DEFINITION
- OFFENSIVE CLAIM
- FILED AGAINST AN OPPOSING PARTY
- IN FEDERAL COURT
2
WHO CAN USE COLLATERAL ESTOPPEL
- FED - MUTUALITY REQUIRED (PARTY OR PRIVY TO FORMER CASE)
- CA - STRANGERS ALLOWED.
1
TAKINGS CLAUSE
- PRIVATE PROPERTY CAN’T BE TAKEN FOR PUBLIC USE WITHOUT JUST COMPENSATION
2
ESTABLISHMENT CLAUSE - SECULAR PURPOSE TEST - DOES THE LAW
- HAVE A PRIMARILY SECULAR EFFECT?
- NOT FOSTER GOVERNMENT ENTANGLEMENT WITH RELIGION?
2
LAWS AGAINST DISCRIMINATORY GROUPS ARE OK UNLESS
- INTERFERENCE W/INTIMATE ASSOCIATIONS
- INTERFERENCE WITH EXPRESSIVE ACTIVITY
1
UNILATERAL AGREEMENT AS EVIDENCE OF CONSPIRACY AND MPC
- UNDER THE MPC, A UNILATERAL ACT MAY ALSO SUPPORT A CONSPIRACY CHARGE.
3
ROBBERY
- ROBBERY IS A SPECIFIC INTENT CRIME
- ACCOMPLISTED WHEN DEFENDANT USES FORCE OR FEAR OF FORCE SUFFICIENT TO OVERCOME VICTIM’S WILL
- TO ACHIEVE A LARCENY.
3
DEFENSE OF CONSENT - DEFENDANT MAY RAISE DEFENSE OF CONSENT TO ACTS
- NOT CAUSING SERIOUS BODILY HARM OR DEATH
- CONSENTED TO BY FULLY INFORMED ADULT
- WITH LEGAL CAPACITY TO CONSENT.
2
MBE - USE OF IMPEACHMENT EVIDENCE OT IMPEACH THE CREDIBILITY OF THE TESTIFYING CHARACTER WITNESS
- A CHARACTER WITNESS’ CREDIBILITY MAY BE IMPEACHED BY USING SPECIFIC INSTANCES
- TO SHOW THE WITNESS’ ASSESSMENT OF CHARACTER IS NOT CREDIBLE
2
ACCORD AND SATISFACTION IS WHAT KIND OF AGREEMENT?
- A BINDING AGREEMENT BETWEEN PARTIES
- TO SETTLE ONE’S ORIGINAL, GOOD FAITH CLAIM AGAINST THE OTHER PARTY FOR BREACH.
2
RIGHTS OF BREACHING SELLER WHO GIVES NOTICE OF INTENT TO CURE IMPROPER TENDER UNDER THE UCC
- ABSOLUTE RIGHT TO CURE WITHIN THE CONTRACT PERIOD
- AND REASONABLE EXTRA PERIOD OF IF NONCONFORMING GOODS WERE SHIPPED WITH A REASONABLE BELIEF OF THEIR SATISFACTORY NATURE.
1
NONBREACHING SELLER’S AVAILABLE RECOVERY OF INCIDENTAL DAMAGES UNDER THE UCC
- NONBREACHING SELLER MAY RECOVER COMMERCIALLY REASONABLE EXPENSES INCURRED BY THE BUYER’S BREACH
3
EFFECT OF ANTICIPATORY BREACH ON PARTIES’ PERFORMANCE DUTIES .
- NON BREACHING PARTY IS EXCUSED FROM PERFORMANCE
- BREACHING PARTY’S PERFORMANCE DUTIES ARE ACCELERATED TO THE PRESENT
- SO NON-BREACHING PARTY MAY IMMEDIATELY SEEK DAMAGES
4
SOLICITATION LETTERS MUST CONTAIN AND/OR BE
- ATTORNEYS NAME
- IF A FIRM, NAME OF ONE OF THE ATTORNEYS
- RELATABLE CONTACT INFORMATION
- ACCURATE AND FAIR
1
DURATION OF OBLIGATION TO REPORT CLIENT PERJURY
- DURATION OF CASE THROUGH APPEAL
1
WITHDRAWAL REQUIREMENT ONCE CASE IS IN ACTIVE LITIGATION
- COURT APPROVAL
2
APPROPRIATION OF LIKENESS TORT - LIABILITY ARISES WHERE
- DEFENDANT USES PLAINTIFF’S NAME, VOICE, OR LIKENESS FOR COMMERCIAL OR POLITICAL PURPOSES
- AND DOES SO WITHOUT PLAINTIFF’S AUTHORIZATION
2
PUBLIC NECESSITY TO PROTECT PROPERTY OF OTHERS CREATES
- ABSOLUTE PRIVILEGE
- FOR REASONABLE ACTS
3
SUPERSEDING INTERVENING EVENT
- UNFORESEEABLE EVENT
- BREAKING CHAIN OF CAUSATION
- BECOMES NEW PROXIMATE CAUSE
1
MBE MISSED - THE POWER TO PROSECUTE BELONGS EXCLUSIVELY TO THIS BRANCH OF GOVERNMENT
- THE EXECUTIVE BRANCH
1
CORPORATE BOND HOLDER HAS RIGHT TO RECIEVE
- PAYMENTS PER INDENTURE AGREEMENT
1
MBE MISSED - FREE EXERCISE CLAUSE - COURTS WILL UPHOLD A FACIALLY NEUTRAL ACT UNLESS IT WAS INTENDED TO
- TARGET THE PRACTICES OF A SPECIFIC RELIGIOUS GROUP.
1
CALIFORNIA - MOTION TO SET ASIDE JUDGMENT BASED ON ERROR/MISTAKE/SURPRISE MUST BE FILED WITHIN
- SIX MONTHS
4
CEC 252 - COURT HAS RIGHT TO ORDER EXCLUSION OF EVIDENCE WHERE PROBATIVE VALUE IS OUTWEIGHED BY
- UNFAIR PREJUDICE
- CONFUSION OF THE ISSUES
- MISLEADING JURY
- WASTING TIME
