deck AB (1340-1390) Flashcards
2
DUTY OF TRADING INSIDER
- DISCLOSE MATERIAL NON-PUBLIC INFO
- OR REFRAIN FROM TRADING
2
LIABILITY OF INCOMING PARTNERS
- NEW PARTNERS ARE NOT LIABLE FOR OLD DEBTS
- NEW PARTNER’S CAPITAL INVESTMENT CAN BE USED TO PAY FOR OLD DEBTS
2
SHAREHOLDER - CREATION OF A PROXY
- SHAREHOLDER ISSUES A SIGNED WRITING
- TO HAVE ANOTHER VOTE ON HIS/HER BEHALF
5
SP EXPENDITURES MADE TO BENEFIT CP REAL PROPERTY - LUCAS
- PRE 1984
- OR AFTER DEATH
- PROPERTY HELD JOINTLY PRESUMED CP
- UNLESS AGREEMENT TO CONTRARY
- NO REIMBURSEMENT OF SP USED FOR CP
1
SOCKS GO ON YOUR
FEET
3
SPECIAL CLASSIFICATIONS - BONUSES
- BASED ON WHEN EARNED
- EARNED AFTER SEPARATION - SP
- EARNED DURING MARRIAGE - CP
6
COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -
PEREIRA FORMULA (PSP)
- START WITH ORIGINAL SP INVESTMENT
- MULTIPLY BY FAIR RATE OF RETURN (10 PERCENT)
- MULTIPLY THIS NUMBER BY THE NUMBER OF YEARS THE INVESTMENT HELD WHILE MARRIED
- ADD THIS NUMBER TO ORIGINAL SP INVESTMENT
- RESULT IS SEPARATE PROPERTY
- SUBTRACT RESULT FROM VALUE OF BUSINESS AT DISSOLUTION AND THIS RESULT IS COMMUNITY PROPERTY
5
COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -
VAN CAMP FORMULA
- START SALARY FOR SPOUSE (REASONABLE MARKET RATE)
- MULTIPLY THIS BY YEARS BUSINESS OPERATED DURING MARRIAGE
- DEDUCT COMMUNITY EXPENSES PAID WITH BUSINESS FUNDS
- RESULT IS COMMUNITY PROPERTY
- REMAINDER IS MANAGING SPOUSE’S SEPARATE PROPERTY
3
COMMUNITY PROPERTY ESSAY STRUCTURE (ROTH’S)
- INTRO
- GENERAL RULES
- ASSETS
6
ORDER OF GIFT ABATEMENT - FIRST ABATED TO LAST ABATED
- PROPERTY NOT DISPOSED OF IN WILL
- RESIDUARY GIFTS
- GENERAL GIFTS TO NONRELATIVES
- GENERAL GIFTS TO RELATIVES
- SPECIFIC GIFTS TO NONRELATIVES
- SPECIFIC GIFTS TO RELATIVES
3
DUTY OF DUE CARE OF TRUSTEE -ELEMENTS
- DUTY TO INVESTIGATE INVESTIMENTS
- DUTY TO DIVERSIFY INVESTMENTS
- DUTY TO ACT AS A REASONABLY PRUDENT PERSON WOULD IN HIS OWN AFFAIRS
3
REMAINDERMEN’S RIGHTS AND DUTIES
- RECEIVE PRINCIPAL FROM NET PROCEEDS OF AN ASSET’S SALE
- PAY PRINCIPAL PART OF LOANS
- PAY FOR MAJOR REPAIRS
1
THE CAPITAL OF WYOMING IS
CHEYENNE
2
RELIANCE DAMAGES AWARD PLAINTIFF THE COST
- OF HIS PERFORMANCE
2
NOMINAL DAMAGES FOR CONTRACT BREACH
- DECLARATION THAT CONTRACT WAS BREACHED
- PLAINTIFF DID NOT SUFFER ACTUAL LOSS FROM BREACH
2
PUNITIVE DAMAGES
- NOT AWARDED FOR BREACH
- UNLESS RELATED TO AN INDEPENDENT TORT
2
ADVERSE POSSESSION - OPEN AND NOTORIOUS REQUIREMENTS - OCCUPATION MUST BE SUFFICIENT TO
- BE VISIBLE OR APPARENT
- PUT THE TRUE OWNER OF PROPERTY ON NOTICE OF TRESPASS
2
IMPLIED COVENANTS OF LAND SALE CONTRACT - SELLER PROMISES TO:
- PROVIDE MARKETABLE TITLE AT THE END OF CLOSING
- NOT MAKE ANY FALSE STATEMENT OF MATERIAL FACT REGARDING TITLE
4
GLOVES GO ON
HANDS
3
TYPES OF NOTICE FOR RECORDING ACT STATUTES
- ACTUAL
- CONSTRUCTIVE/RECORD
- INQUIRY
2
REMAND TIMING REQUIREMENTS
- PLAINTIFF MUST FILE W/IN 30 DAYS OF NOTICE OF REMOVAL FOR A DEFECT BESIDE NO SMJ
- FOR SMJ DEFECT, REMAND IS OK AT ANY TIME
2
VENUE IS PROPER WHERE CLAIM AROSE - CALIFORNIA
- COUNTY WHERE CLAIM AROSE
- COUNTY WHERE LAND IN DISPUTE IS LOCATED
2
PROPER VENUE BASED ON WHERE DEFENDANT RESIDES - CALIFORNIA
- ANY COUNTY WHERE DEFENDANT RESIDES AT THE TIME OF FILING
- IF NO DEFENDANT RESIDES IN CALIFORNIA, ANY COUNTY IS OK.
2
CALIFORNIA ANTI-SLAPP BURDEN OF PROOF REQUIREMENTS
- BURDEN OF PROOF SHIFTS TO PLAINTIFF
- WHO MUST PROVE THE PROVE THE PROBABLITY OF WINNING SPEECH CHILLING LAWSUIT CASE ON ON ITS THE MERITS
3
FEDERAL CLASS ACTIONS MUST BE ONE OF THESE THREE TYPES
- QUESTIONS OF LAW COMMON TO CLASS PREDOMINATE OVER QUESTIONS OF LAW AFFECTING INDIVIDUALS
- PREJUDICE MAY OCCUR WITH INCONSISTENT RESULTS OR WHEN AVAILABLE FUNDS ARE DEPLETED BY INDIVIDUALS
- INJUNCTIVE RELIEF IS SOUGHT
2
CALIFORNIA CLASS ACTION ALLOWED WHERE:
- THERE IS AN ASCERTAINABLE CLASS
- THERE IS A WELL DEFINED COMMUNITY OF INTEREST AMONG CLASS MEMBERS.
2
CONGRESSIONAL POWER - RIGHT TO CONDITION FUNDING LIMITS
- MUST NOT BE EXCESSIVELY COERCIVE
- CONDITIONS MUST NOT BE AMBIGUOUS
3
CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATE IS MARKET PARTICIPANT - STATE PREFERENCE TO CITIZENS MAY BE SHOWN IN
- BUYING OR SELLING STATE MADE GOODS
- GRANTING SUBSIDIES TO STATE CITIZENS
- HIRING STATE CITIZEN LABOR
4
EQUAL PROTECT CLAUSE - NON SUSPECT CLASSIFICATIONS
- ECONOMIC WELFARE
- AGE
- CRIMINAL BACKGROUND
- EVERYTHING ELSE
2
EIGHTH AMENDMENT - CRUEL AND UNUSUAL PUNISHMENT AND CAPITAL PUNISHMENT - CAN’T PUT TO DEATH SOMEONE
- WHO AT LEAST ONE JUROR FINDS TO BE MENTALLY RETARDED
- WHO IS A MINOR AT THE TIME THE CRIME IS COMMITTED.
3
ADEQUATE PROVOCATION
- ADQUATE PROVOCATION IS PROVOCATION SUFFICIENT TO RAISE A REASONABLE PERSON TO MURDEROUS RAGE
- THAT DID BRING THE DEFENDANT TO A MURDEROUS RAGE
- THAT WAS THE ACTUAL CAUSE OF THE HOMICIDE.
1
ANCIENT DOCUMENTS HEARSAY EXCEPTION
- WHERE DOCUMENTS ARE TWENTY YEARS OLD OR OLDER.
3
PUBLIC RECORDS EXCEPTION APPLY TO - OAF
- OBSERVATIONS OF PUBLIC OFFICIAL
- ACTIVITIES OF OFFICE OR AGENCY
- FACTUAL FINDINGS FROM OFFICIAL INVESTIGATION.
3
MBE - PROBABLE CAUSE FOR SEARCH WARRANT AND STALE INFORMATION
- WHERE INFORMATION IS STALE,
- THE LIKELIHOOD OF SOUGHT AFTER ITEMS BEING ON PREMISES IS LOWER
- THUS DIMINISHING PROBABLE CAUSE
3
MATERIAL CONDITION
- A CONDITION THAT MUST BE SATISFIED BEFORE A PERFORMANCE DUTY RIPENS
- FAILURE OF WHICH WILL GENERALLY DENY ONE OR ALL OF THE PARTIES’ EXPECTED BENEFIT OF THE BARGAIN
- EXCUSING THEM FROM PERFORMANCE.
3
DUTY OF DILIGENCE/ZEALOUS REPRESENTATION
- ADVOCATE CLIENT’S CASE TO COMPLETION SO IT DOES NOT LANGUISH IN COURT
- THOROUGHLY INVESTIGATE FACTS
- LOCATE RELEVANT WITNESSES WHO SUPPORT CLIENT’S CASE
2
WHEN AN ATTORNEY-CLIENT RELATIONSHIP IS FORMED
- WHEN A POTENTIAL CLIENT APPROACHES A LAWYER ABOUT POSSIBLE REPRESENTATION
- EVEN WHEN NEVER RETAINS LAWYER
4
SLANDER PER SE WHERE DEFENDANT MAKES AN ORAL, TRANSITORY FALSE STATEMENT ABOUT PLAINTIFF’S
- CRIMINAL BEHAVIOR
- UNCHASTE BEHAVIOR
- IMPROPER BUSINESS PRACTICES
- INFECTION BY LOATHSOME DISEASE
2
DEFENDANT HAS VICARIOUS LIABILITY FOR THE TORTS OF INDEPENDENT CONTRACTORS ARISES WHERE
TORTS WERE BREACH OF AN AFFIRMATIVE NON-DELEGABLE DUTY
CREATED BY STATUTE OR RELATIONSHIP
3
LIABILITY FOR FALSE LIGHT TORT ARISES WHERE DEFENDANT
- PUBLISHES OFFENSIVE FALSE INFORMATION ABOUT PLAINTIFF
- TO PUBLIC AT LARGE
- CAUSING PLAINTIFF HUMILIATION OR EMBARASSMENT
2
AN INTENTIONAL ACT IS AN ACT DONE WITH
- REASONABLE CERTAINTY IT WILL CAUSE A RESULT
- OR DONE PURPOSELY FOR CAUSING A RESULT
3
MBE MISSED - EXPERT TESTIMONY IS NECESSARY TO ASSIST THE TRIER OF FACT WHERE COURT DETERMINES
- SCIENTIFIC
- TECHNICAL
- OR OTHER SPECIALIZED KNOWLEDGE IS NEEEDED
1
LIABLITY IS CREATED BY AGENT’S USE OF ACTUAL IMPLIED AUTHORITY WHEN
- THIRD PARTY REASONABLY RELIES ON IMPLICATION
2
MBE MISSED - PRODUCT LIABILTY - A MANUFACTURER IS OBLIGATED TO TAKE ALL OF THESE STEPS TO MAKE PRODUCT SAFE
- REASONABLE
- COST EFFECTIVE
5
NONWAIVABLE RUPA PROVISIONS - PARTNERSHIP AGREEMENT’S CAN’T
- WAIVE FIDCUIARY DUTIES
- RESTRICT THIRD PARTY RIGHTS
- AFFECT COURT’S POWER OVER PARTNERSHIP
- AFFECT LAW
- PREVENT A PARTNER FROM DISASSOCIATING (WITH NOTICE)
2
WHAT IS THE DIFFERENCE BETWEEN FALSE PRETENSE CRIME AND LARCENY BY TRICK?
- LARCENY BY TRICK IS TO OBTAIN POSSESSION
- FALSE PRETENSES CRIME IS TO OBTAIN TITLE.
4
MBE MISSED - STATUTE OF FRAUDS REQUIREMENT IS SATISFIED WHERE A MEMORANDUM
- IDENTIFIES THE SUBJECT MATTER
- INDICATES A CONTRACT HAS BEEN MADE
- STATES THE ESSENTIAL TERMS OF THE CONTRACT
- SIGNED BY OR ON BEHALF OF PARTY TO BE CHARGED
1
DRUG SMELLING DOGS ARE OK AND NOT VIOLATIVE OF FOURTH AMENDMENT WHERE USED IN
- TRAFFIC STOPS
4
A WITNESS IS COMPETENT TO TESTIFY WHERE SHE HAS
- PERSONAL KNOWLEDGE
- PRESENT RECOLLECTION
- THE ABILITY TO COMMUNICATE
- UNDERSTANDING OF HER LEGAL DUTY TO TELL THE TRUTY
1
OBJECTION - CALLS FOR A LEGAL CONCLUSION IS USED WHERE THE WITNESS IS ASKED
- TO STATE AN OPINION ABOUT ONE OF THE LEGAL MATTERS TO BE DECIDED IN THE CASE
2
OBJECTION - CALLS FOR A NARRTIVE IS USED WHERE THE WITNESS IS ASKED A QUESTION
- ON DIRECT EXAMATION
- INVITING A NARRATIVE RESPONSE
3
EXTRAORDINARY WRIT ISSUED BY APPELLATE COURT IS AN ORDER USED TO MAKE AVAILABLE
- EXTRAORDINARY POWERS
- OR REMEDIES
- TO THE LOWER COURT
