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CA Bar Outlined and Numbered (with prompts) > deck AA (1289-1339) > Flashcards

deck AA (1289-1339) Flashcards

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MBE flashcards
1
Q
A
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2
Q

2

DE FACTO CORPORATION IS CREATED BY A

A
  1. GOOD FAITH BUT UNSUCCESSFUL ATTEMPT TO INCORPORATE
  2. UNDER A VALID INCORPORATION STATUTE
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3
Q

4

STOCK PRICES

A
  1. PAR VALUE IS SET MINIMUM PRICE AT ISSUANCE AND STOCK MAY NOT BE SOLD FOR LESS THAN THIS.
  2. NO PAR IS NO MINIMUM PRICE FOR STOCK.
  3. TREASURY STOCK IS PREVIOUSLY ISSUED AND REAQUIRED AND MAY BE TREATED AS NO PAR.
  4. MODERNLY, MOSTLY OBSOLETE. CALIFORNIA DOESN’T REQUIRE PAR VALUE.
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4
Q

2

SHAREHOLDER RIGHTS - SHAREHOLDERS WHO DISSENT FROM A PROPOSED FUNDAMENTAL CORPORATE CHANGE

A
  1. MAY HAVE RIGHT TO DEMAND CORP PURCHASE THEIR SHARES
  2. AT FAIR MARKET VALUE
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5
Q

3

AGENT’S REMEDIES FOR PRINCIPAL’S BREACH

A
  1. TERMINATE AGENCY RELATIONSHIP
  2. CONTRACT DAMAGES FOR BREACH
  3. POSSESSORY LIEN FOR MONEY DUE
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6
Q

1

REMEDY FOR SUBAGENT’S BREACH

A
  1. AGENT IS LIABLE TO PRINCIPAL FOR SUBAGENT’S BREACH
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7
Q

4

PARTNERSHIP RIGHTS TO PARTNERSHIP PROPERTY - PROPERTY AQUIRED BY THE PARTNERSHIP

A
  1. BELONGS TO THE PARTNERSHIP
  2. IS NOT CO-OWNED BY PARTNERS
  3. CANNOT BE TRANSFERRED BY PARTNERS
  4. CAN ONLY BE USED FOR PARTNERSHIP
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8
Q

3

STRUCTURE OF

LIMITED PARTNERSHIP

A
  1. TWO TIERED PARTNERSHIP STRUCTURE
  2. AT LEAST ONE GENERAL PARTNER
  3. AT LEAST ONE LIMITED PARTNER
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9
Q

2

SPOUSE MANAGEMENT AND CONTROL OF PERSONAL PROPERTY - OTHER SPOUSE’S WRITTEN CONSENT NEEDED WHERE COMMUNITY PERSONAL PROPERTY IS

A
  1. GIFTED
  2. DISPOSED FOR LESS THAN FAIR AND REASONABLE VALUE
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10
Q

3

SPECIAL CLASSIFICATIONS - SEVERANCE PAY

A
  1. CP WHERE REPLACING EARNING DURING THE MARRIAGE
  2. OR ENHANCE RETIREMENT DURING MARRIAGE
  3. SP WHERE GIVEN TO REPLACE FUTURE EARNINGS
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11
Q

2

CHEESE IS

A
  1. GOOD
  2. WORTHWHILE
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12
Q

2

ESTOPPEL - GROUNDS FOR CLAIM OF PUTATIVE SPOUSE

A
  1. PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID
  2. OR PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID AND TREATED IT LIKE IT WAS VALID
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13
Q

3

SPECIAL CLASSIFICATIONS - LIFE INSURANCE - DEVISE OF BENEFITS

A
  1. WHERE POLICY IS CP
  2. DECEDENT MAY ONLY DEVISE 1/2 INTEREST TO BENEFICIARY OTHER THAN SPOUSE
  3. WITHOUT SPOUSE’S WRITTEN CONSENT
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14
Q

3

POUR OVER WILL - VALIDITY REQUIREMENTS

A
  1. WILL IDENTIFIES INTER VIVOS TRUST
  2. TERMS OF INTER VIVOS TRUST ARE SET FORTH IN INSTRUMENT BESIDES WILL
  3. INTER VIVOS TRUST WAS EXECUTED CONCURRENTLY OR BEFORE WILL EXECUTION
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15
Q

7

WILL PARAGRAPH

WHY DID EVERYBODY VALIDATE THE CRAPPY FART??

A
  1. A WILL IS A WRITTEN INSTRUMENT
  2. DICTATING HOW A PERSON’S ESTATE IS TO BE DISTRIBUTED UPON DEATH.
  3. EFFECTIVE UPON THE DEATH OF ITS AUTHOR, THE TESTATOR.
  4. FOR A WILL TO BE VALID, THERE MUST BE
  5. PRESENT TESTAMENTARY INTENT,
  6. CAPACITY.
  7. AND IT MUST ALSO MEET ALL REQUIRED FORMALITIES.
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16
Q

3

PUNITIVE DAMAGES ONLY AWARDED WHERE DEFENDANT ACTED WITH

A
  1. MALICE
  2. OPPRESSION
  3. OR FRAUD
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17
Q

2

DEFENSE TO SPECIFIC PERFORMANCE - HARDSHIP/SHARP PRACTICES

A
  1. UNEVEN BARGAINING POWER
  2. CONSIDERATION SO DISPROPORTIONATE IT WOULD SHOCK THE CONSCIENCE
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18
Q

3

REMEDIES FOR ENCROACHMENT

A
  1. DAMAGES
  2. EJECTMENT
  3. INJUNCTION
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19
Q

6

SPECIFIC PERFORMANCE REQUIREMENTS FOR BREACH OF LAND SALE CONTRACT

(CHOCOLATE CHEESECAKE IS MY FAVORITE DESSERT)

A
  1. VALID CONTRACT WITH CERTAIN TERMS CAPABLE OF ENFORCEMENT
  2. CONDITIONS ON PLAINTIFF HAVE BEEN MET
  3. INADEQUATE REMEDY AT LAW
  4. MUTUALITY OF PERFORMANCE
  5. FEASIBILITY OF ENFORCEMENT
  6. NO AVAILABLE DEFENSES FOR BREACHING PARTY
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20
Q

3

MORTGAGE - ELEMENTS

A
  1. CONVEYANCE OF A SECURITY INTEREST
  2. IN LAND INTENDED BY THE PARTIES TO BE COLLATERAL
  3. FOR THE REPAYMENT OF A FINANCIAL OBLIGATION
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21
Q

2

QUITCLAIM DEED

A
  1. CONVEYS WHATEVER INTEREST GRANTOR ACTUALLY HAS IN TITLE
  2. CONTAINS NO COVENANTS OF TITLE
22
Q

1

RIGHT OF REENTRY - FUTURE INTEREST CONVEYED BY

A
  1. FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT
23
Q

5

LANDLORD/TENANT QUESTIONS/ORDER OF ESSAY APPROACH

A
  1. INTRO SENTENCE
  2. TENANT STRING
  3. LANDLORD STRING
  4. DEFENSES TO PAYMENT OF RENT
  5. EXPRESS REAL COVENANTS (IF APPLICABLE)
24
Q

2

LANDLORD ELECTION FOR TENANCY AT SUFFERANCE

A
  1. LANDLORD MAY EVICT TENANT
  2. OR LANDLORD MAY HOLDOVER TENANT FOR PERIODIC TENANCY
25
Q

7

DEFENSES TO FAILURE TO PAY RENT

A
  1. FAILURE TO DELIVER POSSESSION
  2. BREACH OF COVENANT OF QUIET ENJOYMENT
  3. CONSTRUCTIVE EVICTION
  4. NO FAULT DESTRUCTION OF PREMISES
  5. CONTRACT DEFENSES
  6. SURRENDER OF PREMISES ACCEPTED BY LANDLORD
  7. RELETTING OF PREMISES BY LANDLORD
26
Q

2

USING FORCE IN EVICTION

A
  1. AT COMMON LAW, REASONABLE FORCE WAS OK TO EVICT TENANT
  2. MODERNLY, MUST USE COURTS. NO MANUAL EVICTION.
27
Q

2

MATERIAL BREACH OF LEASE REMEDY OPTIONS

A
  1. SEEK EVICTION THROUGH COURTS
  2. TERMINATE LEASE AND SUE FOR DAMAGES
28
Q

2

FEDERAL VENUE IS PROPER IN THE THE DISTRICT WHERE

A
  1. INJURY OCCURRED
  2. LAND IN DISPUTE IS LOCATED
29
Q

3

COUNTERCLAIM DEFINITION

A
  1. OFFENSIVE CLAIM
  2. FILED AGAINST AN OPPOSING PARTY
  3. IN FEDERAL COURT
30
Q

2

WHO CAN USE COLLATERAL ESTOPPEL

A
  1. FED - MUTUALITY REQUIRED (PARTY OR PRIVY TO FORMER CASE)
  2. CA - STRANGERS ALLOWED.
31
Q

1

TAKINGS CLAUSE

A
  1. PRIVATE PROPERTY CAN’T BE TAKEN FOR PUBLIC USE WITHOUT JUST COMPENSATION
32
Q

2

ESTABLISHMENT CLAUSE - SECULAR PURPOSE TEST - DOES THE LAW

A
  1. HAVE A PRIMARILY SECULAR EFFECT?
  2. NOT FOSTER GOVERNMENT ENTANGLEMENT WITH RELIGION?
33
Q

2

LAWS AGAINST DISCRIMINATORY GROUPS ARE OK UNLESS

A
  1. INTERFERENCE W/INTIMATE ASSOCIATIONS
  2. INTERFERENCE WITH EXPRESSIVE ACTIVITY
34
Q

1

UNILATERAL AGREEMENT AS EVIDENCE OF CONSPIRACY AND MPC

A
  1. UNDER THE MPC, A UNILATERAL ACT MAY ALSO SUPPORT A CONSPIRACY CHARGE.
35
Q

3

ROBBERY

A
  1. ROBBERY IS A SPECIFIC INTENT CRIME
  2. ACCOMPLISTED WHEN DEFENDANT USES FORCE OR FEAR OF FORCE SUFFICIENT TO OVERCOME VICTIM’S WILL
  3. TO ACHIEVE A LARCENY.
36
Q

3

DEFENSE OF CONSENT - DEFENDANT MAY RAISE DEFENSE OF CONSENT TO ACTS

A
  1. NOT CAUSING SERIOUS BODILY HARM OR DEATH
  2. CONSENTED TO BY FULLY INFORMED ADULT
  3. WITH LEGAL CAPACITY TO CONSENT.
37
Q

2

MBE - USE OF IMPEACHMENT EVIDENCE OT IMPEACH THE CREDIBILITY OF THE TESTIFYING CHARACTER WITNESS

A
  1. A CHARACTER WITNESS’ CREDIBILITY MAY BE IMPEACHED BY USING SPECIFIC INSTANCES
  2. TO SHOW THE WITNESS’ ASSESSMENT OF CHARACTER IS NOT CREDIBLE
38
Q

2

ACCORD AND SATISFACTION IS WHAT KIND OF AGREEMENT?

A
  1. A BINDING AGREEMENT BETWEEN PARTIES
  2. TO SETTLE ONE’S ORIGINAL, GOOD FAITH CLAIM AGAINST THE OTHER PARTY FOR BREACH.
39
Q

2

RIGHTS OF BREACHING SELLER WHO GIVES NOTICE OF INTENT TO CURE IMPROPER TENDER UNDER THE UCC

A
  1. ABSOLUTE RIGHT TO CURE WITHIN THE CONTRACT PERIOD
  2. AND REASONABLE EXTRA PERIOD OF IF NONCONFORMING GOODS WERE SHIPPED WITH A REASONABLE BELIEF OF THEIR SATISFACTORY NATURE.
40
Q

1

NONBREACHING SELLER’S AVAILABLE RECOVERY OF INCIDENTAL DAMAGES UNDER THE UCC

A
  1. NONBREACHING SELLER MAY RECOVER COMMERCIALLY REASONABLE EXPENSES INCURRED BY THE BUYER’S BREACH
41
Q

3

EFFECT OF ANTICIPATORY BREACH ON PARTIES’ PERFORMANCE DUTIES .

A
  1. NON BREACHING PARTY IS EXCUSED FROM PERFORMANCE
  2. BREACHING PARTY’S PERFORMANCE DUTIES ARE ACCELERATED TO THE PRESENT
  3. SO NON-BREACHING PARTY MAY IMMEDIATELY SEEK DAMAGES
42
Q

4

SOLICITATION LETTERS MUST CONTAIN AND/OR BE

A
  1. ATTORNEYS NAME
  2. IF A FIRM, NAME OF ONE OF THE ATTORNEYS
  3. RELATABLE CONTACT INFORMATION
  4. ACCURATE AND FAIR
43
Q

1

DURATION OF OBLIGATION TO REPORT CLIENT PERJURY

A
  1. DURATION OF CASE THROUGH APPEAL
44
Q

1

WITHDRAWAL REQUIREMENT ONCE CASE IS IN ACTIVE LITIGATION

A
  1. COURT APPROVAL
45
Q

2

APPROPRIATION OF LIKENESS TORT - LIABILITY ARISES WHERE

A
  1. DEFENDANT USES PLAINTIFF’S NAME, VOICE, OR LIKENESS FOR COMMERCIAL OR POLITICAL PURPOSES
  2. AND DOES SO WITHOUT PLAINTIFF’S AUTHORIZATION
46
Q

2

PUBLIC NECESSITY TO PROTECT PROPERTY OF OTHERS CREATES

A
  1. ABSOLUTE PRIVILEGE
  2. FOR REASONABLE ACTS
47
Q

3

SUPERSEDING INTERVENING EVENT

A
  1. UNFORESEEABLE EVENT
  2. BREAKING CHAIN OF CAUSATION
  3. BECOMES NEW PROXIMATE CAUSE
48
Q

1

MBE MISSED - THE POWER TO PROSECUTE BELONGS EXCLUSIVELY TO THIS BRANCH OF GOVERNMENT

A
  1. THE EXECUTIVE BRANCH
49
Q

1

CORPORATE BOND HOLDER HAS RIGHT TO RECIEVE

A
  1. PAYMENTS PER INDENTURE AGREEMENT
50
Q

1

MBE MISSED - FREE EXERCISE CLAUSE - COURTS WILL UPHOLD A FACIALLY NEUTRAL ACT UNLESS IT WAS INTENDED TO

A
  1. TARGET THE PRACTICES OF A SPECIFIC RELIGIOUS GROUP.
51
Q

1

CALIFORNIA - MOTION TO SET ASIDE JUDGMENT BASED ON ERROR/MISTAKE/SURPRISE MUST BE FILED WITHIN

A
  1. SIX MONTHS
52
Q

4

CEC 252 - COURT HAS RIGHT TO ORDER EXCLUSION OF EVIDENCE WHERE PROBATIVE VALUE IS OUTWEIGHED BY

A
  1. UNFAIR PREJUDICE
  2. CONFUSION OF THE ISSUES
  3. MISLEADING JURY
  4. WASTING TIME

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

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