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CA Bar Outlined and Numbered (with prompts) > deck AD (1442-1492) > Flashcards

deck AD (1442-1492) Flashcards

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MBE flashcards
1
Q
A
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2
Q

6

DE JURE CORPORATION (MA PAIN)

A
  1. MEETS STATUATORY REQUIREMENTS INCLUDING SOS FILING THAT DETAILS
  2. AUTHORIZED NUMBER OF SHARES
  3. PURPOSE OF CORP
  4. AGENT’S NAME AND ADDRESS
  5. INCORPORATOR’S NAME AND ADDRESS
  6. NAME OF CORPORATION
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3
Q

2

REMEDY THEORIES TO USE WHEN SEEKING DAMAGES FOR REASONABLE RELIANCE ON REEPRESENTATION OF PRE-INCORPORATION PROMOTER

A
  1. QUASI-CONTRACT
  2. PROMOTER’S IMPLIED ADOPTION OF CONTRACT
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4
Q

3

OFFICERS AND DIRECTORS - UNDER THE DUTY OF DISCLOSURE, OFFICERS AND DIRECTORS MUST

A
  1. DISCLOSE ALL MATERIAL INFORMATION
  2. RELEVANT TO CORPORATION
  3. TO THE BOARD OF DIRECTORS
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5
Q

2

CAPACITY REQUIREMENTS OF PRINCIPAL

A
  1. CAPACITY TO CONTRACT
  2. NO MINORS
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6
Q

2

DIFFERENCE BETWEEN AGENT AND AN INDEPENDENT CONTRACTOR

A
  1. PRINCIPAL CONTROLS METHOD AND MANNER OF AGENT’S PERFORMANCE
  2. PRINCIPAL CANNOT CONTROL METHOD AND MANNER OF INDEPENDENT CONTRACTOR’S PERFORMANCE
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7
Q

3

FIDUCIARY DUTIES OF LLC MEMBERS

WHICH DUTIES AND TO WHOM OWED

A
  1. DUTY OF CARE
  2. DUTY OF LOYALTY
  3. DUTIES OWED TO LLC AND LLC MEMBERS
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8
Q

1

WHO HAS BURDEN OF PROOF WHERE SPOUSE CLAIMS SEPARATE PROPERTY IN COMMINGLED FUNDS

A
  1. SPOUSE ASSERTING SP
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9
Q

3

ELEMENTS TRIGGERING

MARRIED WOMAN’S SPECIAL PRESUMPTION

A
  1. PROPERTY TAKEN IN WIFE’S NAME ALONE
  2. PRE-1975
  3. REBUTTABLY PRESUMED TO BE HER SEPARATE PROPERTY
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10
Q

7

PREMARITAL AGREEMENTS DEEMED INVOLUNTARY UNLESS

A
  1. SPOUSE TO BE HAD CAPACITY
  2. NO DURESS
  3. NO FRAUD
  4. NO UNDUE INFLUENCE
  5. PRESENTED WITH AGREEMENT AT LEAST SEVEN DAYS BEFORE SIGNING
  6. ADVISED TO SEEK INDEPENDENT COUNSEL
  7. WAIVED INDEPENDENT COUNSEL IN SEPARATE WRITING
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11
Q

1

PANTS GO ON

A

LEGS

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12
Q

2

COMMUNITY PROPERTY CONTRIBUTIONS

SPOUSE A USES CP TO IMPROVE TOWARD SPOUSE B’S SEPARATE PROPERTY -

OTHER PROPERTY (MINORITY VS. MAJORITY RULES)

A
  1. MAJORITY RULE - PRESUMED GIFT UNLESS WRITTEN AGREEMENT TO REIMBURSE
  2. MINORITY RULE - GIFT NOT PRESUMED AND REIMBURSEMENT GRANTED
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13
Q

4

DEPENDANT RELATIVE REVOCATION NOT APPLICABLE WHERE SUBSEQUENT WILL IS INVALID DUE TO

A
  1. INEFFECTIVE EXECUTION
  2. FRAUD
  3. DURESS
  4. INFLUENCE
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14
Q

2

ADEMPTION OF SPECIFIC GIFTS

A
  1. SPECIFIC GIFTS ADEEM BY EXTINCTION
  2. COURT’S LOOK TO TESTATOR’S INTENT TO SEE WHAT BENEFICIARY ESTATES
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15
Q

2

EXONERATION - ABATEMENT OF SPECIFIC GIFT TO EXONERATE AN ENCUMBRANCE ON ANOTHER SPECIFIC GIFT

A
  1. NOT ALLOWED
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16
Q

2

DEGREE OF RELATION’S EFFECT ON ANTILAPSE

A
  1. ISSUE TAKES PER CAPITA WHERE SAME DEGREE OF RELATION
  2. WHERE MORE REMOTELY RELATED, PER CAPITA W/REPRESENTATION
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17
Q

4

RESULTING TRUST TRIGGERS

A
  1. TRUST PURPOSE SATISFIED OR ENDS
  2. CY PRES DOCTRINE CAN’T FIX FAILED CHARITABLE TRUST
  3. ILLEGAL TRUST
  4. EXCESS CORPUS IN TRUST
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18
Q

1

NECKLACES

A
  1. GO ON YOUR NECK
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19
Q

3

LEGAL RESTITUTION IS AWARDED WHERE

A
  1. DEFENDANT WAS UNJUSTLY ENRICHED
  2. JUSTICE DEMANDS PLAINTIFF IS COMPENSATED FOR DEFENDANT’S ENRICHMENT
  3. OR PLAINTIFF WANTS HIS PROPERTY BACK
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20
Q

2

MUTUALITY OF PERFORMANCE ELEMENTS

A
  1. PLAINTIFF HAS ALREADY PERFORMED
  2. OR COURT HAS POWER TO SECURE PERFORMANCE BY PLAINTIFF
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21
Q

1

ADVERSE POSSESSION - HOSTILE REQUIREMENT IS FULLFILLED WHERE OCCUPATION

A
  1. OCCURS WITHOUT OWNER’S PERMISSION
22
Q

1

FORECLOSURE DEFINITION

A
  1. SALE OF MORTGAGED LAND BY MORTGAGOR TO SATISFY MORTGAGE WHEN IT IS IN DEFAULT
23
Q

3

EASEMENT DEFINITION

A
  1. A NON-POSSESSORY INTEREST IN ANOTHER’S LAND
  2. PERMITTING ITS HOLDER TO MAKE LIMITED USE OF THE LAND
  3. FOR A SPECIFIC PURPOSE.
24
Q

1

END OF EASEMENT - LIMITATION ON DESTRUCTION OF SERVIENT LAND ENDING EASEMENT

A
  1. WHERE DESTRUCTION WASN’T WILLFUL.
25
Q

2

EQUITABLE SERVITUDES - REQUIREMENTS FOR BENEFITS TO RUN WITH THE LAND

A
  1. INTENT
  2. TOUCH AND CONCERN
26
Q

1

CITIZENSHIP FOR UNINCORPORATED BUSINESSES

A
  1. COURT LOOKS AT CITIZENSHIP OF ALL PARTNERS
27
Q

4

CONGRESSIONAL POWER - THESE FACETS OF INTERSTATE COMMERCE WILL TRIGGER COMMERCE CLAUSE

A
  1. CHANNELS OF INTERSTATE COMMERCE
  2. INSTRUMENTALITIES OF INTERSTATE COMMERCE
  3. PERSONS AND THINGS MOVING INTERSTATE COMMERCE
  4. ACTIVITIES INVOLVED IN INTERSTATE COMMERCE
28
Q

2

CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATES ARE FREE TO REGULATE INTERSTATE COMMERCE WHERE THEY DO NOT

A
  1. DIRECTLY DISCRIMINATE AGAINST OUT OF STATE COMMERCE
  2. UNDULY BURDEN INTERSTATE COMMERCE
29
Q

2

FREE EXERCISE CLAUSE - LAWS OF GENERAL APPLICABILITY ALLOWED WHERE

A
  1. WHERE NOT INTENDED TO BURDEN RELIGIOUS BELIEFS
  2. WHERE ADVANCES IMPORTANT PUBLIC INTERESTS
30
Q

1

EQUAL PROTECTION CLAUSE - SUSPECT CLASSES RECEIVE THIS STANDARD OF REVIEW

A
  1. STRICT SCRUTINY
31
Q

3

SILA SEARCH - CAUSE NEEDED FOR PROTECTIVE SWEEP

A
  1. REASONABLE BELIEF
  2. BASED ON SPECIFIC AND ARTICULABLE FACTS
  3. OTHER DANGEROUS INDIVIDUALS ARE PRESENT.
32
Q

1

WHEN SENTENCING TO DEATH, JURY MUST CONSIDER

A
  1. MITIGATING CIRCUMSTANCES
33
Q

3

EXCLUSIONARY RULE - PURGED TAINT EXCEPTION WILL APPLY WHERE THERE ARE

A
  1. TOO MANY INTERVENING FACTORS
  2. BETWEEN ORIGINAL ILLEGALITY
  3. AND THE FINAL DISCOVERY OF EVIDENCE
  4. MAKING LINK BETWEEN THE ORIGINAL ILLEGALITY AND THE DISCOVERY OF EVIDENCE TOO TENUOUS.
34
Q

4

COMMON LAW BURGLARY ELEMENTS

A
  1. A SPECIFIC INTENT CRIME
  2. OF BREAKING AND ENTERING THE DWELLING STRUCTURE OF ANOTHER
  3. AT NIGHT
  4. WITH THE INTENT TO COMMIT A FELONY
35
Q

2

DEFENDANTS FOR THE CRIME OF RECEIVING STOLEN PROPERTY ARE THE DEFENDANTS

A
  1. RECEIVING PROPERTY KNOWN TO BE STOLEN
  2. PROVIDING PROPERTY KNOWN TO BE STOLEN
36
Q

3

DEFENSE OF PROPERTY -DEFENDANT IS PRIVILEGED TO USE

A
  1. REASONABLE NONDEADLY FORCE
  2. TO PROTECT HIS
  3. OR OTHER’S PROPERTY FROM HARM.
37
Q

2

DEFENSE OF DWELLING - COMMON LAW - DEADLY FORCE COULD BE USED WHERE

A
  1. REASONABLY BELIEVED NECESSARY TO PREVENT A FORCEABLE INTRUSION
  2. WARNING HAD BEEN GIVEN TO INTRUDER NOT TO ENTER.
38
Q

2

PRESENT SENSE IMPRESSION EXCEPTION

A
  1. STATEMENT MADE DESCRIBING OR EXPLAINING EVENT OR CONDITION
  2. MADE WHILE DECLARANT WAS PERCEIVING EVENT OR CONDITION, OR IMMEDIATELY THEREAFTER.
39
Q

2

MBE - SEARCH WARRANTS REQUIREMENT FOR BUSINESSES

A
  1. ORDINARY BUSINESSES ARE NOT SUBJECT TO WARRANTLESS SEARCHES
  2. HEAVILY REGULATED INDUSTRIES CAN BE INSPECTED WITHOUT A WARRANT
40
Q

1

UCC - RESULT OF VARYING TERMS WHEN BOTH PARTIES NOT MERCHANTS

A
  1. VARYING TERMS OF ACCEPTANCE WILL NOT BE INCLUDED IN THE CONTRACT.
41
Q

3

ACCEPTANCE UNDER THE MAILBOX RULE

A
  1. UNDER THE MAILBOX RULE, ACCEPTANCE IS EFFEECTIVE UPON DISPATCH
  2. WHERE MADE IN THE MANNER SPECIFIED IN THE OFFER
  3. 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.
42
Q

3

CA - LAWYER CAN MAKE PERSONAL LOANS TO CLIENT WHERE

A
  1. HIRED BY CLIENT
  2. AGREES TO REPAY IN WRITING
  3. LOAN IS NOT MADE TO SATISFY EXISTING DEBTS TO WIN BUSINESS OF CLIENT
43
Q

1

WHEN DOES ATTORNEY OWE DUTIES TO CLIENT/POTENTIAL CLIENT

A
  1. AS SOON AS AN ATTORNEY-CLIENT RELATIONSHIP IS FORMED
44
Q

1

ABA REQUIREMENTS FOR REPORTING ATTORNEY MISCONDUCT

A
  1. ATTORNEY MISCONDUCT MUST ALWAYS BE REPORTED
45
Q

3

ATTRACTIVE NUISANCE DOCTRINE

A
  1. PROPERTY OCCUPIERS OWE A STRICT DUTY TO PROTECT CHILDREN LIKELY TO TRESPASS ON THE PROPERTY
  2. BY INSPECTING AND ELIMINATING ANY DANGEROUS CONDITIONS
  3. THAT MAY BE ATTRACTIVE TO CHILDREN MAY NOT FULLY APPRECIATE BECAUSE OF THEIR AGE
46
Q

4

TRIGGERS FOR QUALIFIED PRIVILEGE DEFENSE TO DEFAMATION

A
  1. COMMUNICATION APPEARS REASONABLY NECESSARY TO PROTECT DEFENDANT’S OR THIRD PARTY’S LEGITIMATE INTERESTS
  2. PAST EMPLOYER’S REFERENCE
  3. NEWSWORTHY EVENTS
  4. REPORTS OF PUBLIC HEARINGS
47
Q

1

SPECIAL DAMAGES COMPENSATE FOR

A
  1. PECUNIARY LOSS
48
Q

1

MBE MISSED - CONGRESS MAY CONTROL FEDERAL COURT ORDERS BY

A
  1. RESTRICTING THE JURISDICTION OF APPELLATE COURTS
49
Q

1

MBE MISSED - THE TORTIOUS BATTERY INTENT REQUIREMENT MAY BE SATISFIED BY

A
  1. THE INTENT TO COMMIT A TORTIOUS ASSAULT
50
Q

2

SARBANES-OXLEY - ENHANCED REPORTING REQUIREMENTS - LIABILITY FOR INACCURATE REPORTING OF AUDIT BOARD

A
  1. SENIOR EXECS ARE PERSONALLY LIABLE
  2. CEO AND CFO MUST REIMBURSE CORP FOR ANY INCENTIVE BASED COMPENSATION RECEIVED FOR 12 MONTHS AFTER INACCURATE REPORT FILING
51
Q

1

ANTI-SLAPP MOTION

A
  1. MOTION FILED IN A LAWSUIT ATTEMPTING TO QUELL SPEECH.
52
Q

1

OBJECTION - CALLS FOR SPECULATION IS USED WHERE A QUESTION INVITES A WITNESS TO TESTIFY

A
  1. BASED ON CONJECTURE

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

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