deck AD (1442-1492) Flashcards
6
DE JURE CORPORATION (MA PAIN)
- MEETS STATUATORY REQUIREMENTS INCLUDING SOS FILING THAT DETAILS
- AUTHORIZED NUMBER OF SHARES
- PURPOSE OF CORP
- AGENT’S NAME AND ADDRESS
- INCORPORATOR’S NAME AND ADDRESS
- NAME OF CORPORATION
2
REMEDY THEORIES TO USE WHEN SEEKING DAMAGES FOR REASONABLE RELIANCE ON REEPRESENTATION OF PRE-INCORPORATION PROMOTER
- QUASI-CONTRACT
- PROMOTER’S IMPLIED ADOPTION OF CONTRACT
3
OFFICERS AND DIRECTORS - UNDER THE DUTY OF DISCLOSURE, OFFICERS AND DIRECTORS MUST
- DISCLOSE ALL MATERIAL INFORMATION
- RELEVANT TO CORPORATION
- TO THE BOARD OF DIRECTORS
2
CAPACITY REQUIREMENTS OF PRINCIPAL
- CAPACITY TO CONTRACT
- NO MINORS
2
DIFFERENCE BETWEEN AGENT AND AN INDEPENDENT CONTRACTOR
- PRINCIPAL CONTROLS METHOD AND MANNER OF AGENT’S PERFORMANCE
- PRINCIPAL CANNOT CONTROL METHOD AND MANNER OF INDEPENDENT CONTRACTOR’S PERFORMANCE
3
FIDUCIARY DUTIES OF LLC MEMBERS
WHICH DUTIES AND TO WHOM OWED
- DUTY OF CARE
- DUTY OF LOYALTY
- DUTIES OWED TO LLC AND LLC MEMBERS
1
WHO HAS BURDEN OF PROOF WHERE SPOUSE CLAIMS SEPARATE PROPERTY IN COMMINGLED FUNDS
- SPOUSE ASSERTING SP
3
ELEMENTS TRIGGERING
MARRIED WOMAN’S SPECIAL PRESUMPTION
- PROPERTY TAKEN IN WIFE’S NAME ALONE
- PRE-1975
- REBUTTABLY PRESUMED TO BE HER SEPARATE PROPERTY
7
PREMARITAL AGREEMENTS DEEMED INVOLUNTARY UNLESS
- SPOUSE TO BE HAD CAPACITY
- NO DURESS
- NO FRAUD
- NO UNDUE INFLUENCE
- PRESENTED WITH AGREEMENT AT LEAST SEVEN DAYS BEFORE SIGNING
- ADVISED TO SEEK INDEPENDENT COUNSEL
- WAIVED INDEPENDENT COUNSEL IN SEPARATE WRITING
1
PANTS GO ON
LEGS
2
COMMUNITY PROPERTY CONTRIBUTIONS
SPOUSE A USES CP TO IMPROVE TOWARD SPOUSE B’S SEPARATE PROPERTY -
OTHER PROPERTY (MINORITY VS. MAJORITY RULES)
- MAJORITY RULE - PRESUMED GIFT UNLESS WRITTEN AGREEMENT TO REIMBURSE
- MINORITY RULE - GIFT NOT PRESUMED AND REIMBURSEMENT GRANTED
4
DEPENDANT RELATIVE REVOCATION NOT APPLICABLE WHERE SUBSEQUENT WILL IS INVALID DUE TO
- INEFFECTIVE EXECUTION
- FRAUD
- DURESS
- INFLUENCE
2
ADEMPTION OF SPECIFIC GIFTS
- SPECIFIC GIFTS ADEEM BY EXTINCTION
- COURT’S LOOK TO TESTATOR’S INTENT TO SEE WHAT BENEFICIARY ESTATES
2
EXONERATION - ABATEMENT OF SPECIFIC GIFT TO EXONERATE AN ENCUMBRANCE ON ANOTHER SPECIFIC GIFT
- NOT ALLOWED
2
DEGREE OF RELATION’S EFFECT ON ANTILAPSE
- ISSUE TAKES PER CAPITA WHERE SAME DEGREE OF RELATION
- WHERE MORE REMOTELY RELATED, PER CAPITA W/REPRESENTATION
4
RESULTING TRUST TRIGGERS
- TRUST PURPOSE SATISFIED OR ENDS
- CY PRES DOCTRINE CAN’T FIX FAILED CHARITABLE TRUST
- ILLEGAL TRUST
- EXCESS CORPUS IN TRUST
1
NECKLACES
- GO ON YOUR NECK
3
LEGAL RESTITUTION IS AWARDED WHERE
- DEFENDANT WAS UNJUSTLY ENRICHED
- JUSTICE DEMANDS PLAINTIFF IS COMPENSATED FOR DEFENDANT’S ENRICHMENT
- OR PLAINTIFF WANTS HIS PROPERTY BACK
2
MUTUALITY OF PERFORMANCE ELEMENTS
- PLAINTIFF HAS ALREADY PERFORMED
- OR COURT HAS POWER TO SECURE PERFORMANCE BY PLAINTIFF
1
ADVERSE POSSESSION - HOSTILE REQUIREMENT IS FULLFILLED WHERE OCCUPATION
- OCCURS WITHOUT OWNER’S PERMISSION
1
FORECLOSURE DEFINITION
- SALE OF MORTGAGED LAND BY MORTGAGOR TO SATISFY MORTGAGE WHEN IT IS IN DEFAULT
3
EASEMENT DEFINITION
- A NON-POSSESSORY INTEREST IN ANOTHER’S LAND
- PERMITTING ITS HOLDER TO MAKE LIMITED USE OF THE LAND
- FOR A SPECIFIC PURPOSE.
1
END OF EASEMENT - LIMITATION ON DESTRUCTION OF SERVIENT LAND ENDING EASEMENT
- WHERE DESTRUCTION WASN’T WILLFUL.
2
EQUITABLE SERVITUDES - REQUIREMENTS FOR BENEFITS TO RUN WITH THE LAND
- INTENT
- TOUCH AND CONCERN
1
CITIZENSHIP FOR UNINCORPORATED BUSINESSES
- COURT LOOKS AT CITIZENSHIP OF ALL PARTNERS
4
CONGRESSIONAL POWER - THESE FACETS OF INTERSTATE COMMERCE WILL TRIGGER COMMERCE CLAUSE
- CHANNELS OF INTERSTATE COMMERCE
- INSTRUMENTALITIES OF INTERSTATE COMMERCE
- PERSONS AND THINGS MOVING INTERSTATE COMMERCE
- ACTIVITIES INVOLVED IN INTERSTATE COMMERCE
2
CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATES ARE FREE TO REGULATE INTERSTATE COMMERCE WHERE THEY DO NOT
- DIRECTLY DISCRIMINATE AGAINST OUT OF STATE COMMERCE
- UNDULY BURDEN INTERSTATE COMMERCE
2
FREE EXERCISE CLAUSE - LAWS OF GENERAL APPLICABILITY ALLOWED WHERE
- WHERE NOT INTENDED TO BURDEN RELIGIOUS BELIEFS
- WHERE ADVANCES IMPORTANT PUBLIC INTERESTS
1
EQUAL PROTECTION CLAUSE - SUSPECT CLASSES RECEIVE THIS STANDARD OF REVIEW
- STRICT SCRUTINY
3
SILA SEARCH - CAUSE NEEDED FOR PROTECTIVE SWEEP
- REASONABLE BELIEF
- BASED ON SPECIFIC AND ARTICULABLE FACTS
- OTHER DANGEROUS INDIVIDUALS ARE PRESENT.
1
WHEN SENTENCING TO DEATH, JURY MUST CONSIDER
- MITIGATING CIRCUMSTANCES
3
EXCLUSIONARY RULE - PURGED TAINT EXCEPTION WILL APPLY WHERE THERE ARE
- TOO MANY INTERVENING FACTORS
- BETWEEN ORIGINAL ILLEGALITY
- AND THE FINAL DISCOVERY OF EVIDENCE
- MAKING LINK BETWEEN THE ORIGINAL ILLEGALITY AND THE DISCOVERY OF EVIDENCE TOO TENUOUS.
4
COMMON LAW BURGLARY ELEMENTS
- A SPECIFIC INTENT CRIME
- OF BREAKING AND ENTERING THE DWELLING STRUCTURE OF ANOTHER
- AT NIGHT
- WITH THE INTENT TO COMMIT A FELONY
2
DEFENDANTS FOR THE CRIME OF RECEIVING STOLEN PROPERTY ARE THE DEFENDANTS
- RECEIVING PROPERTY KNOWN TO BE STOLEN
- PROVIDING PROPERTY KNOWN TO BE STOLEN
3
DEFENSE OF PROPERTY -DEFENDANT IS PRIVILEGED TO USE
- REASONABLE NONDEADLY FORCE
- TO PROTECT HIS
- OR OTHER’S PROPERTY FROM HARM.
2
DEFENSE OF DWELLING - COMMON LAW - DEADLY FORCE COULD BE USED WHERE
- REASONABLY BELIEVED NECESSARY TO PREVENT A FORCEABLE INTRUSION
- WARNING HAD BEEN GIVEN TO INTRUDER NOT TO ENTER.
2
PRESENT SENSE IMPRESSION EXCEPTION
- STATEMENT MADE DESCRIBING OR EXPLAINING EVENT OR CONDITION
- MADE WHILE DECLARANT WAS PERCEIVING EVENT OR CONDITION, OR IMMEDIATELY THEREAFTER.
2
MBE - SEARCH WARRANTS REQUIREMENT FOR BUSINESSES
- ORDINARY BUSINESSES ARE NOT SUBJECT TO WARRANTLESS SEARCHES
- HEAVILY REGULATED INDUSTRIES CAN BE INSPECTED WITHOUT A WARRANT
1
UCC - RESULT OF VARYING TERMS WHEN BOTH PARTIES NOT MERCHANTS
- VARYING TERMS OF ACCEPTANCE WILL NOT BE INCLUDED IN THE CONTRACT.
3
ACCEPTANCE UNDER THE MAILBOX RULE
- UNDER THE MAILBOX RULE, ACCEPTANCE IS EFFEECTIVE UPON DISPATCH
- WHERE MADE IN THE MANNER SPECIFIED IN THE OFFER
- WHERE THE OFFER DOES NOT SPECIFY THE METHOD OF DISPACTCH, IT MUST BE MADE IN THE SAME OR FASTER METHOD AS THE OFFER WAS DISPATCHED.
3
CA - LAWYER CAN MAKE PERSONAL LOANS TO CLIENT WHERE
- HIRED BY CLIENT
- AGREES TO REPAY IN WRITING
- LOAN IS NOT MADE TO SATISFY EXISTING DEBTS TO WIN BUSINESS OF CLIENT
1
WHEN DOES ATTORNEY OWE DUTIES TO CLIENT/POTENTIAL CLIENT
- AS SOON AS AN ATTORNEY-CLIENT RELATIONSHIP IS FORMED
1
ABA REQUIREMENTS FOR REPORTING ATTORNEY MISCONDUCT
- ATTORNEY MISCONDUCT MUST ALWAYS BE REPORTED
3
ATTRACTIVE NUISANCE DOCTRINE
- PROPERTY OCCUPIERS OWE A STRICT DUTY TO PROTECT CHILDREN LIKELY TO TRESPASS ON THE PROPERTY
- BY INSPECTING AND ELIMINATING ANY DANGEROUS CONDITIONS
- THAT MAY BE ATTRACTIVE TO CHILDREN MAY NOT FULLY APPRECIATE BECAUSE OF THEIR AGE
4
TRIGGERS FOR QUALIFIED PRIVILEGE DEFENSE TO DEFAMATION
- COMMUNICATION APPEARS REASONABLY NECESSARY TO PROTECT DEFENDANT’S OR THIRD PARTY’S LEGITIMATE INTERESTS
- PAST EMPLOYER’S REFERENCE
- NEWSWORTHY EVENTS
- REPORTS OF PUBLIC HEARINGS
1
SPECIAL DAMAGES COMPENSATE FOR
- PECUNIARY LOSS
1
MBE MISSED - CONGRESS MAY CONTROL FEDERAL COURT ORDERS BY
- RESTRICTING THE JURISDICTION OF APPELLATE COURTS
1
MBE MISSED - THE TORTIOUS BATTERY INTENT REQUIREMENT MAY BE SATISFIED BY
- THE INTENT TO COMMIT A TORTIOUS ASSAULT
2
SARBANES-OXLEY - ENHANCED REPORTING REQUIREMENTS - LIABILITY FOR INACCURATE REPORTING OF AUDIT BOARD
- SENIOR EXECS ARE PERSONALLY LIABLE
- CEO AND CFO MUST REIMBURSE CORP FOR ANY INCENTIVE BASED COMPENSATION RECEIVED FOR 12 MONTHS AFTER INACCURATE REPORT FILING
1
ANTI-SLAPP MOTION
- MOTION FILED IN A LAWSUIT ATTEMPTING TO QUELL SPEECH.
1
OBJECTION - CALLS FOR SPECULATION IS USED WHERE A QUESTION INVITES A WITNESS TO TESTIFY
- BASED ON CONJECTURE
