Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CA Bar Outlined and Numbered (with prompts) > deck AC (1391-1441) > Flashcards

deck AC (1391-1441) Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q
A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

4

CATEGORIES OF PARTIES WHO

VIOLATE 10b-5 (INSIDE TRADING)

A
  1. DIRECT TRADING INSIDER
  2. TIPPER
  3. TIPPEES
  4. MISSAPPROPRIATORS
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

4

PRIORITY OF DISTRIBUTION OF LIMITED PARTNERSHIP ASSETS UPON DISSOLUTION

A
  1. CREDITORS
  2. DISTRIBUTIONS OWED
  3. CAPITAL CONTRIBUTIONS
  4. SHARES ALLOCATED PARTNERS AS PER PARTNERSHIP AGREEMENT
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

7

CLASSIFICATIONS OF SEPARATE PROPERTY

A
  1. PROPERTY OWNED BY SPOUSE BEFORE MARRIAGE
  2. GIFT
  3. BEQUEST
  4. DEVISE
  5. DESCENT
  6. RENTS, ISSUES AND PROFITS OBTAINED FROM SP
  7. PROPERTY ACQUIRED AFTER PERMANENT SEPARATION
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

2

REVOCATION OF CODICIL CONSEQUENCE FOR WILL AND REVOCATION OF WILL CONSEQUENCE FOR CODICIL

A
  1. REVOCATION OF CODICIL REVOKES ONLY THE CODICIL AND THE WILL REMAINS ACTIVE
  2. REVOCATION OF WILL REVOKES WILL AND CODICIL
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

1

WHERE REVOCATION OF SUBSEQUENT WILL OCCURED BY PHYSICAL ACT - INTENT TO REVIVE PRIOR WILL MAY BE SHOWN BY THIS TYPE OF EVIDENCE

A
  1. EXTRINSIC EVIDENCE
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

4

COURT’S HAS POWER TO TERMINATE TRUST WHERE THERE IS

A
  1. FRUSTRATION OF PURPOSE
  2. IMPOSSIBLITY
  3. ILLEGALITY
  4. CHANGED CIRCUMSTANCES
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

1

LAPSE EFFECT ON CLASS GIFT

A
  1. AT COMMON LAW, LAPSED SHARE WOULD BE DIVIDED AMONG REMAINING BENEFICIARIES
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

2

SPECIAL DAMAGES

A
  1. UNIQUE TO THE SPECIFIC PLAINTIFF
  2. ECONOMIC
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

2

PRIORITY OF PLAINTIFF IN TAKING PROPERTY THROUGH CONSTRUCTIVE TRUST OR EQUITABLE LIEN

A
  1. BFP W/OUT NOTICE TAKES OVER PLAINTIFF
  2. PLAINTIFF TAKES OVER UNSECURED CREDITORS
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

3

QUASI-CONTRACT OR IMPLIED-IN-LAW-CONTRACT

A
  1. NO LEGAL CONTRACT EXISTED
  2. DEFENDANT DERIVED A BENEFIT FROM PLAINTIFF
  3. JUSTICE DEMANDS DEFENDANT COMPENSATE PLAINTIFF FOR BENEFIT
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

3

RESULT OF CONTRACT REFORMATION

A
  1. COURT REWRITES CONTRACT
  2. TO REFLECT PARTIES’ INTENT
  3. BECAUSE THE ORIGINAL CONTRACT DID NOT DO SO.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

3

DEFENSE TO SPECIFIC PERFORMANCE -

DISPROPORTIONATE HARDSHIP - COURT WILL NOT ORDER SPECIFIC PERFORMANCE WHERE

A
  1. HARDSHIP CAUSED TO DEFENDANT AND PUBLIC
  2. GREATLY OUTWEIGHS HARDSHIP TO PLAINTIFF
  3. IF SPECIFIC PERFORMANCE NOT GRANTED
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

2

REMEDIES FOR AMELIORATIVE WASTE CAUSED BY LIFE TENANT

A
  1. NO DAMAGES BECAUSE NO DIMINUTION IN VALUE
  2. INJUNCTION MAY BE GRANTED
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

2

“LIFE IN BEING”

A
  1. AN ASCERTAINABLE INDIVUAL
  2. MADE SPECIFICALLY IDENTIFIABLE BY LANGUAGE OF CONDITION
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

3

EVALUATING WHETHER OR NOT ITEM IS A FIXTURE

A
  1. ITEM IS FIRMLY EMBEDDED IN PREMISES
  2. ITEM IS PARTICULARLY ADAPTED OR FITTED TO THE REAL ESTATE
  3. REMOVAL WOULD DESTROY CHATTEL OR HARM REAL ESTATE
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

3

METHODS OF TERMINATING OR MODIFYING A REAL COVENANT

A
  1. AGREEMENT OF ALL PARTIES MADE IN A SUFFICIENT WRITING.
  2. ABANDOMENT ACTION
  3. CHANGED CONDITIONS
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

1

MINIMUM CONTACTS - SPECIFIC JURISDICTION

A
  1. CLAIM IS DIRECTLY RELATED TO DEFENDANT’S CONTACT WITH THE FORUM STATE
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

3

FEDERAL TRANSFER OF VENUE STANDARD

A
  1. COURT LOOKS TO INTERESTS OF JUSTICE
  2. PUBLIC FACTORS - BURDEN TO COMMUNITY, CHOICE OF LAW
  3. PRIVATE FACTORS - CONVENIENCE, LOCATION OF EVIDENCE AND WITNESSES
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

4

CALIFORNIA - FORUM NON CONVENIENS STANDARD - PRIVATE AND PUBLIC FACTORS

A
  1. BURDEN ON COMMUNITY
  2. APPLICABLE LAWS
  3. CONVENIENCE TO PARTIES
  4. LOCATION OF WITNESSES AND EVIDENCE.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

7

FEDERAL 12(B)(6) GROUNDS FOR DISMISSAL

A
  1. LACK OF SMJ
  2. LACK OF PJ
  3. LACK OF PROPER VENUE
  4. INSUFFICIENT PROCESS
  5. INSUFFICIENT SERVICE OF PROCESS
  6. FAILURE TO STATE A CLAIM
  7. FAILURE TO JOIN AN INDISPENSIBLE PARTY
22
Q

3

CLASS ACTION FAIRNESS ACT ALLOWS FEDERAL COURT TO HEAR A CLASS ACTION CASE WHERE ALL OF OF THESE REQUIREMENTS ARE MET:

A
  1. ANY CLASS MEMBER IS DIVERSE FROM ANY DEFENDANT.
  2. THE CLASS CLAIMS AGGREGATE TO EXCEED FIVE MILLION DOLLARS
  3. THERE ARE AT LEAST 100 CLASS MEMBERS
23
Q

2

RULE 26 PRE-TRIAL DISCLOSURE REQUIREMENTS

A
  1. WITNESS LIST
  2. EXHIBIT LIST
24
Q

1

CALIFORNIA SPECIAL INTERROGATORY LIMITS

A
  1. 35 SPECIAL INTERROGATORIES MAY BE ASKED WITHOUT COURT LEAVE
25
Q

1

RES JUDICATA/CLAIM PRECLUSION DEFINITION

A
  1. BARS RELITIGATION OF ALREADY LITIGATED CLAIM
26
Q

4

ACTIONS (LAWSUITS NOT BARRED BY THE 11TH AMENDMENT)

A
  1. STATE V. STATE
  2. US V. STATE
  3. INJUNCTIONS AGAINST STATE OFFICIALS
  4. SUITS AGAINST CITIES
27
Q

2

EQUAL PROTECTION CLAUSE - INTERMEDIATE SCRUTINY REVIEW

A
  1. REGULATION FURTHERS AN IMPORTANT GOVERNMENT INTEREST
  2. BY MEANS THAT ARE SUBSTANTIALLY RELATED TO THAT INTEREST
28
Q

2

SILA SEARCH - VEHICLE - POLICE MAY SEARCH

A
  1. CAR
  2. ALL OF THE COMPARTMENTS
29
Q

2

FIFTH AMENDMENT SELF-INCRIMINATION PROTECTION

A
  1. NO COMPULSION TO GIVE COMMUNICATIVE EVIDENCE OR TESTIMONY
  2. EXPOSING ONE’S SELF TO CRIMINAL LIABILITY
30
Q

3

CONSTRUCTIVE BREAKING FOR BURGLARY OCCURS WHEN ENTRY IS ACCOMPLISHED BY

A
  1. THREAT OF VIOLENCE OR
  2. AID OF CO-CONSPIRATOR OR
  3. TRICKERY
31
Q

2

DEFENSE OF OTHERS - THE DEFENDANT MAY RAISE THE DEFENSE OF OTHERS DEFENSE WHERE HE

A
  1. USED FORCE AS REASONABLY NECESSARY
  2. TO DEFEND OTHERS FROM AN AGGRESSOR.
32
Q

2

DEFENSE OF INFANCY - DEFENDANT MAY RAISE THE DEFENSE OF INFANCY WHERE DEFENDANT WAS

A
  1. UNDER SEVEN YEARS OLD AND CONCLUSIVELY PRESUMED TO BE UNABLE TO FORM CRIMINAL INTENT
  2. BETWEEN AGE OF SEVEN AND FOURTEEN AT TIME OF ALLEGED CRIME AND THEREFORE REBUTTABLY PRESUMED TO BE INCAPABLE OF FORMING CRIMINAL INTENT.
33
Q

2

MITIGATING FACTORS FOR HOMICDE

A
  1. MITIGATING FACTORS ARE CONSIDERATION NOT AMOUNTING TO COMPLETE DEFENSES
  2. WEIGHED BY TEH JURY WHEN DETERMINING DEGREE OR TYPE OF HOMICIDE FOUND.
34
Q

1

MAYHEM

A
  1. MAYHEM IS THE CRIME OF MALICIOUSLY DISMEMBERING OR DISFIGURING VICTIM.
35
Q

3

ACCOMPICE LIABILITY - THE PRINCIPAL IS THE PARTY WHO

A
  1. ACTUALLY COMMITS THE CRIME
  2. AND IS PRESENT AT THE CRIME
  3. OR HAS AN INNOCENT PARTY COMMIT THE CRIME FOR HIM.
36
Q

1

MBE - PRIOR INCONSISENT STATEMENT - MEANING OF PRIOR WHEN INCONSISTENT STATEMENT USED TO IMPEACH

A
  1. PRIOR MEANS INCONSISTENT STATEMENT OCCURRED BEFORE THE COURT REPETITION OF THE DECLARANTS OUT OF COURT STATEMENT OR CONDUCT.
37
Q

4

WHEN IS TERMINATION OF REPRESENTATION NECESSARY?

A
  1. WHERE WILL CAUSE VIOLATION OF RULES OR LAW
  2. FRIVILOUS LITIGATION
  3. PHYSICAL OR MENTAL CONDITION MATERIALLY IMPAIRS REPRESENTATION
  4. LAWYER IS DISCHARGED
38
Q

4

SOLICITATION - ATTORNEYS MAY SEND

A
  1. LETTERS
  2. CARDS
  3. ANNOUNCEMENTS
  4. TO PEOPLE IN HIS AREA OF PRACTICE
39
Q

2

CA REQUIREMENT WHERE ADVERTISEMENT LISTS CASE RESULTS

A
  1. MUST STATE THAT RESULTS ARE NOT TYPICAL
  2. OR PREDICTION OF FUTURE RESULTS
40
Q

1

AN ATTORNEY MAY NOT MAKE EXTRAJUDICIAL STATEMENTS WHERE

A
  1. THEY ARE LIKELY TO MATERIALLY PREJUDICE THE CASE
41
Q

4

PAYMENTS TO WITNESSES GUIDELINES

A
  1. REIMBURSEMENT OF REASONABLE TRANSPORTATION, LOST WAGES AND ACCOMODATION OK
  2. REIMBURSEMENT CAN’T BE CONTINGENT ON HELPFULNESS OF TESTIMONY
  3. NO CONTINGENT PAYMENT OF AWARD
  4. EXPERT FEES OK
42
Q

2

LIABILITY FOR CONVERSION ARISES WHERE DEFENDANT

A
  1. INTENTIONALLY AND SUBSTANTIALLY INTERFERED WITH PLAINTIFF’S CHATTEL
  2. CAUSING DISPOSSESSION
43
Q

3

LIABILITY ARISES UNDER RESPONDEAT SUPERIOR OUTSIDE OF SCOPE OF EMPLOYMENT WHERE

A
  1. JOB ENTAILS USE OF FORCE
  2. EMPLOYER AUTHORIZE CONDUCT
  3. CONDUCT MOTIVATED BY DESIRE TO BENEFIT EMPLOYER
44
Q

2

MBE MISSED - UNDER RETREAT DOCTRINE, DEFENDANT IS NOT UNDER THE OBLIGATION TO RETREAT WHERE DEFENDANT IS NOT

A
  1. THE AGRESSOR
  2. USING EXCESSIVE OR DEADLY FORCE
45
Q

1

MBE MISSED - AN OUT OF COURT STATEMENT OFFERED FOR PROOF OF THE MATTER ASSERTED (HEARSAY) MAY COME IN UNDER THIS MANY EXCEPTIONS

A
  1. ONE TO HOWEVER MANY EXCEPTIONS APPLY
46
Q

2

AGENT’S LINGERING APPARENT AUTHORITY TO TRANSACT WITH THIRD PARTIES PREVIOUSLY TRANSACTED WITH TERMINATES WHEN

A
  1. THIRD PARTIES RECEIVE ACTUAL NOTICE OF AGENCY TERMINATION
  2. OR CONSTRUCTIVE NOTICE OF AGENCY TERMINATION
47
Q

3

MBE MISSED - TO BE CONSTITUTIONAL, A STATE LAW MUST

A
  1. BE ENACTED WITHIN THE STATE’S POWERS
  2. NOT VIOLATE ANY CITIZEN’S CONSTITUTIONAL RIGHTS
  3. NOT IMPROPERLY BURDEN INTERSTATE COMMERCE
48
Q

1

MBE MISSED - FOR DOCTOR PATIENT PRIVILEGE - THE PRIVILEGE MUST BE ASSERTED BY THE

A
  1. PATIENT.
49
Q

2

AN AWARD OF LIQUIDATED DAMAGES IS APPROPRIATE WHERE

A
  1. DAMAGES WERE DIFFICULT TO CALCULATE
  2. STIPULATED AMOUNT BEARS A REASONABLE RELATIONSHIP TO THE ANTICIPATED LOSS
50
Q

1

POUR OVER WILL VALUE LIMIT IN CALIFORNIA

A
  1. 100,000
51
Q

1

RAPE SHIELD - CEC- DEFENDANT MAY ONLY USE INSTANCES OF PLAINTIFF’S FORMER SEXUAL CONDUCT TO PROVE

A
  1. PRIOR INSTANCES OF SEXUAL CONTACT WITH DEFENDANT
52
Q

2

DEFENSE OF DWELLING - CALIFORNIA - DEADLY FORCE MAY BE USED WHERE

A
  1. UNLAWFUL FORCED ENTRY INTO DWELLING
  2. REASONABLE BELIEF OF IMMINENT THREAT OF INJURY OF DEATH OR INJURY TO SELF OR FAMILY

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

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions