deck AC (1391-1441) Flashcards
4
CATEGORIES OF PARTIES WHO
VIOLATE 10b-5 (INSIDE TRADING)
- DIRECT TRADING INSIDER
- TIPPER
- TIPPEES
- MISSAPPROPRIATORS
4
PRIORITY OF DISTRIBUTION OF LIMITED PARTNERSHIP ASSETS UPON DISSOLUTION
- CREDITORS
- DISTRIBUTIONS OWED
- CAPITAL CONTRIBUTIONS
- SHARES ALLOCATED PARTNERS AS PER PARTNERSHIP AGREEMENT
7
CLASSIFICATIONS OF SEPARATE PROPERTY
- PROPERTY OWNED BY SPOUSE BEFORE MARRIAGE
- GIFT
- BEQUEST
- DEVISE
- DESCENT
- RENTS, ISSUES AND PROFITS OBTAINED FROM SP
- PROPERTY ACQUIRED AFTER PERMANENT SEPARATION
2
REVOCATION OF CODICIL CONSEQUENCE FOR WILL AND REVOCATION OF WILL CONSEQUENCE FOR CODICIL
- REVOCATION OF CODICIL REVOKES ONLY THE CODICIL AND THE WILL REMAINS ACTIVE
- REVOCATION OF WILL REVOKES WILL AND CODICIL
1
WHERE REVOCATION OF SUBSEQUENT WILL OCCURED BY PHYSICAL ACT - INTENT TO REVIVE PRIOR WILL MAY BE SHOWN BY THIS TYPE OF EVIDENCE
- EXTRINSIC EVIDENCE
4
COURT’S HAS POWER TO TERMINATE TRUST WHERE THERE IS
- FRUSTRATION OF PURPOSE
- IMPOSSIBLITY
- ILLEGALITY
- CHANGED CIRCUMSTANCES
1
LAPSE EFFECT ON CLASS GIFT
- AT COMMON LAW, LAPSED SHARE WOULD BE DIVIDED AMONG REMAINING BENEFICIARIES
2
SPECIAL DAMAGES
- UNIQUE TO THE SPECIFIC PLAINTIFF
- ECONOMIC
2
PRIORITY OF PLAINTIFF IN TAKING PROPERTY THROUGH CONSTRUCTIVE TRUST OR EQUITABLE LIEN
- BFP W/OUT NOTICE TAKES OVER PLAINTIFF
- PLAINTIFF TAKES OVER UNSECURED CREDITORS
3
QUASI-CONTRACT OR IMPLIED-IN-LAW-CONTRACT
- NO LEGAL CONTRACT EXISTED
- DEFENDANT DERIVED A BENEFIT FROM PLAINTIFF
- JUSTICE DEMANDS DEFENDANT COMPENSATE PLAINTIFF FOR BENEFIT
3
RESULT OF CONTRACT REFORMATION
- COURT REWRITES CONTRACT
- TO REFLECT PARTIES’ INTENT
- BECAUSE THE ORIGINAL CONTRACT DID NOT DO SO.
3
DEFENSE TO SPECIFIC PERFORMANCE -
DISPROPORTIONATE HARDSHIP - COURT WILL NOT ORDER SPECIFIC PERFORMANCE WHERE
- HARDSHIP CAUSED TO DEFENDANT AND PUBLIC
- GREATLY OUTWEIGHS HARDSHIP TO PLAINTIFF
- IF SPECIFIC PERFORMANCE NOT GRANTED
2
REMEDIES FOR AMELIORATIVE WASTE CAUSED BY LIFE TENANT
- NO DAMAGES BECAUSE NO DIMINUTION IN VALUE
- INJUNCTION MAY BE GRANTED
2
“LIFE IN BEING”
- AN ASCERTAINABLE INDIVUAL
- MADE SPECIFICALLY IDENTIFIABLE BY LANGUAGE OF CONDITION
3
EVALUATING WHETHER OR NOT ITEM IS A FIXTURE
- ITEM IS FIRMLY EMBEDDED IN PREMISES
- ITEM IS PARTICULARLY ADAPTED OR FITTED TO THE REAL ESTATE
- REMOVAL WOULD DESTROY CHATTEL OR HARM REAL ESTATE
3
METHODS OF TERMINATING OR MODIFYING A REAL COVENANT
- AGREEMENT OF ALL PARTIES MADE IN A SUFFICIENT WRITING.
- ABANDOMENT ACTION
- CHANGED CONDITIONS
1
MINIMUM CONTACTS - SPECIFIC JURISDICTION
- CLAIM IS DIRECTLY RELATED TO DEFENDANT’S CONTACT WITH THE FORUM STATE
3
FEDERAL TRANSFER OF VENUE STANDARD
- COURT LOOKS TO INTERESTS OF JUSTICE
- PUBLIC FACTORS - BURDEN TO COMMUNITY, CHOICE OF LAW
- PRIVATE FACTORS - CONVENIENCE, LOCATION OF EVIDENCE AND WITNESSES
4
CALIFORNIA - FORUM NON CONVENIENS STANDARD - PRIVATE AND PUBLIC FACTORS
- BURDEN ON COMMUNITY
- APPLICABLE LAWS
- CONVENIENCE TO PARTIES
- LOCATION OF WITNESSES AND EVIDENCE.
7
FEDERAL 12(B)(6) GROUNDS FOR DISMISSAL
- LACK OF SMJ
- LACK OF PJ
- LACK OF PROPER VENUE
- INSUFFICIENT PROCESS
- INSUFFICIENT SERVICE OF PROCESS
- FAILURE TO STATE A CLAIM
- FAILURE TO JOIN AN INDISPENSIBLE PARTY
3
CLASS ACTION FAIRNESS ACT ALLOWS FEDERAL COURT TO HEAR A CLASS ACTION CASE WHERE ALL OF OF THESE REQUIREMENTS ARE MET:
- ANY CLASS MEMBER IS DIVERSE FROM ANY DEFENDANT.
- THE CLASS CLAIMS AGGREGATE TO EXCEED FIVE MILLION DOLLARS
- THERE ARE AT LEAST 100 CLASS MEMBERS
2
RULE 26 PRE-TRIAL DISCLOSURE REQUIREMENTS
- WITNESS LIST
- EXHIBIT LIST
1
CALIFORNIA SPECIAL INTERROGATORY LIMITS
- 35 SPECIAL INTERROGATORIES MAY BE ASKED WITHOUT COURT LEAVE
1
RES JUDICATA/CLAIM PRECLUSION DEFINITION
- BARS RELITIGATION OF ALREADY LITIGATED CLAIM
4
ACTIONS (LAWSUITS NOT BARRED BY THE 11TH AMENDMENT)
- STATE V. STATE
- US V. STATE
- INJUNCTIONS AGAINST STATE OFFICIALS
- SUITS AGAINST CITIES
2
EQUAL PROTECTION CLAUSE - INTERMEDIATE SCRUTINY REVIEW
- REGULATION FURTHERS AN IMPORTANT GOVERNMENT INTEREST
- BY MEANS THAT ARE SUBSTANTIALLY RELATED TO THAT INTEREST
2
SILA SEARCH - VEHICLE - POLICE MAY SEARCH
- CAR
- ALL OF THE COMPARTMENTS
2
FIFTH AMENDMENT SELF-INCRIMINATION PROTECTION
- NO COMPULSION TO GIVE COMMUNICATIVE EVIDENCE OR TESTIMONY
- EXPOSING ONE’S SELF TO CRIMINAL LIABILITY
3
CONSTRUCTIVE BREAKING FOR BURGLARY OCCURS WHEN ENTRY IS ACCOMPLISHED BY
- THREAT OF VIOLENCE OR
- AID OF CO-CONSPIRATOR OR
- TRICKERY
2
DEFENSE OF OTHERS - THE DEFENDANT MAY RAISE THE DEFENSE OF OTHERS DEFENSE WHERE HE
- USED FORCE AS REASONABLY NECESSARY
- TO DEFEND OTHERS FROM AN AGGRESSOR.
2
DEFENSE OF INFANCY - DEFENDANT MAY RAISE THE DEFENSE OF INFANCY WHERE DEFENDANT WAS
- UNDER SEVEN YEARS OLD AND CONCLUSIVELY PRESUMED TO BE UNABLE TO FORM CRIMINAL INTENT
- BETWEEN AGE OF SEVEN AND FOURTEEN AT TIME OF ALLEGED CRIME AND THEREFORE REBUTTABLY PRESUMED TO BE INCAPABLE OF FORMING CRIMINAL INTENT.
2
MITIGATING FACTORS FOR HOMICDE
- MITIGATING FACTORS ARE CONSIDERATION NOT AMOUNTING TO COMPLETE DEFENSES
- WEIGHED BY TEH JURY WHEN DETERMINING DEGREE OR TYPE OF HOMICIDE FOUND.
1
MAYHEM
- MAYHEM IS THE CRIME OF MALICIOUSLY DISMEMBERING OR DISFIGURING VICTIM.
3
ACCOMPICE LIABILITY - THE PRINCIPAL IS THE PARTY WHO
- ACTUALLY COMMITS THE CRIME
- AND IS PRESENT AT THE CRIME
- OR HAS AN INNOCENT PARTY COMMIT THE CRIME FOR HIM.
1
MBE - PRIOR INCONSISENT STATEMENT - MEANING OF PRIOR WHEN INCONSISTENT STATEMENT USED TO IMPEACH
- PRIOR MEANS INCONSISTENT STATEMENT OCCURRED BEFORE THE COURT REPETITION OF THE DECLARANTS OUT OF COURT STATEMENT OR CONDUCT.
4
WHEN IS TERMINATION OF REPRESENTATION NECESSARY?
- WHERE WILL CAUSE VIOLATION OF RULES OR LAW
- FRIVILOUS LITIGATION
- PHYSICAL OR MENTAL CONDITION MATERIALLY IMPAIRS REPRESENTATION
- LAWYER IS DISCHARGED
4
SOLICITATION - ATTORNEYS MAY SEND
- LETTERS
- CARDS
- ANNOUNCEMENTS
- TO PEOPLE IN HIS AREA OF PRACTICE
2
CA REQUIREMENT WHERE ADVERTISEMENT LISTS CASE RESULTS
- MUST STATE THAT RESULTS ARE NOT TYPICAL
- OR PREDICTION OF FUTURE RESULTS
1
AN ATTORNEY MAY NOT MAKE EXTRAJUDICIAL STATEMENTS WHERE
- THEY ARE LIKELY TO MATERIALLY PREJUDICE THE CASE
4
PAYMENTS TO WITNESSES GUIDELINES
- REIMBURSEMENT OF REASONABLE TRANSPORTATION, LOST WAGES AND ACCOMODATION OK
- REIMBURSEMENT CAN’T BE CONTINGENT ON HELPFULNESS OF TESTIMONY
- NO CONTINGENT PAYMENT OF AWARD
- EXPERT FEES OK
2
LIABILITY FOR CONVERSION ARISES WHERE DEFENDANT
- INTENTIONALLY AND SUBSTANTIALLY INTERFERED WITH PLAINTIFF’S CHATTEL
- CAUSING DISPOSSESSION
3
LIABILITY ARISES UNDER RESPONDEAT SUPERIOR OUTSIDE OF SCOPE OF EMPLOYMENT WHERE
- JOB ENTAILS USE OF FORCE
- EMPLOYER AUTHORIZE CONDUCT
- CONDUCT MOTIVATED BY DESIRE TO BENEFIT EMPLOYER
2
MBE MISSED - UNDER RETREAT DOCTRINE, DEFENDANT IS NOT UNDER THE OBLIGATION TO RETREAT WHERE DEFENDANT IS NOT
- THE AGRESSOR
- USING EXCESSIVE OR DEADLY FORCE
1
MBE MISSED - AN OUT OF COURT STATEMENT OFFERED FOR PROOF OF THE MATTER ASSERTED (HEARSAY) MAY COME IN UNDER THIS MANY EXCEPTIONS
- ONE TO HOWEVER MANY EXCEPTIONS APPLY
2
AGENT’S LINGERING APPARENT AUTHORITY TO TRANSACT WITH THIRD PARTIES PREVIOUSLY TRANSACTED WITH TERMINATES WHEN
- THIRD PARTIES RECEIVE ACTUAL NOTICE OF AGENCY TERMINATION
- OR CONSTRUCTIVE NOTICE OF AGENCY TERMINATION
3
MBE MISSED - TO BE CONSTITUTIONAL, A STATE LAW MUST
- BE ENACTED WITHIN THE STATE’S POWERS
- NOT VIOLATE ANY CITIZEN’S CONSTITUTIONAL RIGHTS
- NOT IMPROPERLY BURDEN INTERSTATE COMMERCE
1
MBE MISSED - FOR DOCTOR PATIENT PRIVILEGE - THE PRIVILEGE MUST BE ASSERTED BY THE
- PATIENT.
2
AN AWARD OF LIQUIDATED DAMAGES IS APPROPRIATE WHERE
- DAMAGES WERE DIFFICULT TO CALCULATE
- STIPULATED AMOUNT BEARS A REASONABLE RELATIONSHIP TO THE ANTICIPATED LOSS
1
POUR OVER WILL VALUE LIMIT IN CALIFORNIA
- 100,000
1
RAPE SHIELD - CEC- DEFENDANT MAY ONLY USE INSTANCES OF PLAINTIFF’S FORMER SEXUAL CONDUCT TO PROVE
- PRIOR INSTANCES OF SEXUAL CONTACT WITH DEFENDANT
2
DEFENSE OF DWELLING - CALIFORNIA - DEADLY FORCE MAY BE USED WHERE
- UNLAWFUL FORCED ENTRY INTO DWELLING
- REASONABLE BELIEF OF IMMINENT THREAT OF INJURY OF DEATH OR INJURY TO SELF OR FAMILY
