deck AE (1493-1543) Flashcards
2
(FOR JUSTICIABILITY) POLTICAL QUESTIONS MEANS THE ISSUE PRESENTED BY THE COURT IS EITHER E
- SO SPECIFIC THAT IT INVOLVES POWER GRANTED EXCLUSIVELY TO A COORDINATE BRANCH OF GOVERNMENT
- OR SO VAGUE THE CONSTITUTION DOES EVEN ADDRESS THE ISSUE
3
CONSIDERATION REQUIRED FOR STOCK SHARES (AT COMMON LAW)
- ANY INTANGIBLE OR TANGIBLE BENEFIT TO CORP
- CANNOT BE FUTURE SERVICES
- CANNOT BE UNSECURED DEBT
2
QUORUM OF BOARD OF DIRECTORS - A QUORUM IS A
- MAJORITY OF THE BOARD
- WHO DOES NOT HAVE INTEREST IN ACTION
2
SHAREHOLDER - VOTING BY PROXY - REVOCABLE VS. IRREVOCABLE
- REVOCABLE PROXY CREATES AGENCY RELATIONSHIP
- IRREVOCABLE PROXY CREATED BY INTEREST OR EXCHANGE OF CONSIDERATION
2
16B GOVERNANCE OF SHORT SWING PROFITS
OFFICERS & DIRECTORS
VS.
10 PERCENT OR MORE SHAREHOLDERS
- OFFICERS & DIRECTORS - IN POSITION AT EITHER TIME OF SALE OR PURCHASE
- 10 PERCENT SHAREHOLDERS - IN POSITION AT BOTH PURCHASE AND SALE
1
TENDER OFFER
- AN OFFER TO PURCHASE A CONTROLLING PERCENTAGE OF SHARES IN A CORPORATION
2
COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -
WHEN TO USE PEREIRA
- MOST VALUABLE FACTOR OF APPRECIATION WAS SPOUSE’S LABOR
- FAVORS COMMUNITY
2
DISTRIBUTION OF ASSETS AT DEATH - SPOUSES’ RIGHTS TO QCP
- DECEDENT DOES NOT HAVE 1/2 INTEREST IN SURVIVING SPOUSES QCP
- SURVIVING SPOUSE DOES HAVE 1/2 INTEREST IN DECEDENT’S QCP
3
EXHAUSTION METHOD
- FUNDS IN COMMUNITY ACCOUNT DEPLETED
- ONLY FUNDS IN SP ACCOUNT AVAILABLE
- WHEN PROPERTY PURCHASED
2
DIRECT TRACING
- ADVOCATING SPOUSE SHOWS SUFFICIENT SP FUNDS AVAILABLE AT THE TIME OF PROPERTY’S PURCHASE
- AND INTENT TO USE FUNDS TO PURCHASE PROPERTY AS AN SP ASSET
2
VALID WILL - INTERESTED WITNESSES CREATING REBUTTABLE PRESUMPTION OF INTENT IS REBUTTED WHERE
- TWO OTHER DISINTERESTED WITNESSES PRESENT
- WITNESSES ARE PRESENT IN FIDUCIARY CAPACITY
1
FRAUD PREVENTING REVOCATION OF WILL OCCURS WHEN
- FRAUD IS IMPLEMENTED TO PREVENT REVOCATION
2
SUPPORT TRUST ELEMENTS
- DIRECTS TRUSTEE TO MAKE LIMITED DISTRIBUTIONS
- FOR BENEFICIARY’S SUPPORT
4
PURCHASE MONEY RESULTING TRUST ELEMENTS
- BENEFICIARY PAYS CONSIDERATION FOR PROPERTY
- TITLE IS TAKEN IN THE NAME OF THIRD PARTY
- THIRD PARTY BECOMES TRUSTEE
- OF PROPRERTY NOW CONSIDERED TO BE IN PURCHASE MONEY RESULTING TRUST
2
TRUSTEE CAN’T OFFSET LOSSES FOR BREACH
- WHERE ONE BREACH CAUSES LOSS
- AND ANOTHER BREACH CAUSES GAIN
3
EQUITABLE LIEN - WHERE PLAINTIFF TRACES WRONGFUL TAKEN FUNDS TO A COMMINGLED ACCOUNT
- LOWEST INTERMEDIATE BALANCE RULE APPLIES
- PLAINTIFF RECEIVES ACTUAL MONEY OWNED
- SANS INCREASE
2
A LAND SALE CONTRACT DOES NOT CONTAIN THIS IMPLIED WARRANTY
- IMPLIED WARRANTY OF FITNESS
- UNLESS IT IS A NEW HOME BEING SOLD BY THE BUILDER
2
PRIORITY OF LIENS AGAINST PROPERTY
- USUALLY IN CHRONOLOGICAL ORDER
- PURCHASE MONEY MORTGAGE GETS FIRST PRIORITY
1
LIABILITY OF NEW TENANT TO LANDLORD FOR SUBLEASE RENTAL PAYMENTS
- NEW TENANT IS NOT LIABLE TO LANDLORD FOR SUBLEASE RENTAL PAYMENTS BECAUSE NO PRIVITY OF ESTATE.
5
REAL COVENANT - REQUIREMENTS FOR THE BURDEN TO RUN WITH THE LAND
- NOTICE
- INTENT
- TOUCH AND CONCERNS
- VERTICAL PRIVITY
- HORIZONTAL PRIVITY
2
DIVERSITY JURISDICTION AND WORKER’ COMPENSATION CASES
- WORKERS’ COMPENSATION CASES MAY NOT BE REMOVED TO ANY DISTRICT COURT
- DIVERSITY JURISDICTION NOTWITHSTANDING.
1
CROSS-CLAIMS AND COUNTERCLAIMS FOR AGGREGATION OF CLAIMS TO GET TO 75,000 FOR DIVERSITY
- NOT ALLOWED.
2
PERSONAL SERVICE ELEMENTS
- OCCURS WHEN PERSONAL DELIVERY IS MADE TO DEFENDANT
- PERSONAL SERVICE IS ALWAYS ADEQUATE SERVICE.
2
CONSTRUCTIVE SERVICE - REGISTERED MAIL
- DEFENDANTS MAY BE SERVED BY REGISTERED MAIL
- IF THEY AGREED TO WAIVE SERVICE OF PROCESS.
3
ERIE DOCTRINE DEFINITION
- FEDERAL COURTS EXERCISING DIVERSITY JURISDICTION ARE REQUIRED TO APPLY
- STATE LAW TO ISSUES OF SUBSTANCE
- AND FEDERAL LAWS TO ISSUES OF PROCEDURE.
3
RULE 26 MANDATORY DISCLOSURES
- INITIAL DISCLOSURES SUPPLYING INFORMATION ABOUT DISPUTED FACTS
- EXPERT WITNESS DISCLOSURES
- PRETRIAL DISCLOSURES
1
FEDERAL INTERROGATORY LIMITS
- ONLY 25 INTERROGATORIES
1
FEDERAL TIME LIMITS TO FILE APPEAL
- 30 DAYS AFTER ENTRY OF JUDGMENT
3
STANDING - THIRD PARTY
- INDIVIDUAL STANDING
- PLAINTIFF HAS SPECIAL RELATIONSHIP WITH THIRD PARTY
- THIRD PARTY CANNOT ASSERT HIS OWN RIGHTS
2
PRIVATE ACTOR IMPLICATES STATE ACTION WHERE
- PERFORMING TRADITIONALLY PUBLIC FUNCTION
- STATE ENTANGLED ITSELF IN PRIVATE ACTIVITY
1
JUDICIAL POWERS - SUPREME COURT WON’T HEAR A CASE WHERE THERE WERE THESE TYPE OF GROUNDS FOR THE STATE COURT DECISION.
- ADEQUATE
- INDEPENDENT
1
EQUAL PROTECTION CLAUSE - STRICT SCRUTINY REVIEW STANDARD
- NECESSARY TO ACHIEVE A COMPELLING GOVERNMENT INTEREST
2
FIFTH AMENDMENT - MIRANDA INVOCATION AND INTERROGATION FOR OTHER OFFENSES
- UNDER THE 5TH AMENDMENT
- INVOCATION OF COUNSEL MANDATES POLICE STOP INTERROGATION REGARDING ANY CRIMINAL OFFENSE
3
COMMON LAW ARSON
- COMMON LAW ARSON IS A GENERAL INTENT CRIME
- DONE BY MALICIOUSLY BURNING
- THE DWELLING STRUCTURE OF ANOTHER.
2
MODERN ARSON
- MODERNLY, THE CRIME OF ARSON HAS BEEN EXPANDED TO INCLUDE
- MALICIOUS BURNING OF STRUCTURES, LAND AND PROPERTY.
4
LARCENY BY TRICK IS THE CRIME OF
- KNOWINGLY USING A FALSE PROMISE OR STATEMENT
- WITH THE SPECIFIC INTENT OF INDUCING VICTIM TO GIVE DEFENDANT POSSESSION OF VICTIM’S PERSONAL PROPERTY
- TO PERMANENTLY DEPRIVE VICTIM OF HIS POSSESSORY INTEREST IN THE SAME.
1
GELATIN
- IS MADE FROM HORSES
4
MALICE FOR MURDER IS THE INTENT TO
- TO KILL
- COMMIT SERIOUS BODILY INJURY
- COMMIT AN INHERENTLY DANGEROUS FELONY (FELONY MURDER RULE)
- CREATE EXTREME RISK TO HUMAN LIFE WITH AN AWARENESS AND CONSCIOUS DISREGARD FOR THAT RISK (DEPRAVED HEART MURDER).
1
COURT’S LIKELIHOOD TO INTERVENE WHERE BOTH PARTIES ENTER A CONTRACT WITH EQUAL GUILT
- WHERE BOTH PARTIES ENTER THE CONTRACT WITH EQUAL AMOUNTS OF GUILT, THE COURT WILL NOT INTERVENE.
1
EFFECT OF ONE LAWYER’S COI ON THE ENTIRE FIRM
- ONE LAWYER’S COI DISQUALIFIES ENTIRE FIRM
1
ABA - EXCEPTIONS TO CONFIDENTIALITY REQUIREMENT
- TO PREVENT CLIENT’S DEATH OR SERIOUS BODILY HARM
2
AN ATTORNEY MAY MAKE PUBLIC STATEMENTS ABOUT THE CASE WHERE
- INFORMATION IS ALREADY GENERALLY KNOWN
- DAMAGE CONTROL ON OPPOSING COUNSEL’S STATEMENTS
1
WAIVER OF LIABILITY OF ATTORNEY THROUGH FEE AGREEMENT IN EXCHANGE FOR REDUCED FEE
- OK WHERE CLIENT HAS INDEPENDENT COUNSEL BEFORE SIGNING FEE AGREEMENT
3
DEFENSES TO DEFAMATION
- ABSOLUTE PRIVILEGE
- QUALIFIED PRIVILEGE
- TRUTH
3
RESCUER DOCTRINE - LIABILITY FOR BREACH MAY ARISE WHERE
- DEFENDANT CREATED IMMINENT PERIL OR APPEARANCE OF IMMINENT PERIL TO SELF OR OTHERS
- REASONABLY RECOGNIZABLE TO THIRD PARTY
- CAUSING PLAINTIFF TO REASONABLY ATTEMPT RESCULE
3
LIABILITY FOR BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY ARISES WHERE DEFENDANT IS
- MERCHANT SPECIALIZING IN THE TYPE OF GOODS SOLD
- GOODS ARE NOT OF THE AVERAGE ACCEPTABLE QUALITY
- OR NOT FIT FOR GENERAL INTENDED PURPOSE OF GOODS
2
MBE MISSED - STRICT LIABILITY PRODUCT DEFECT - DEFENDANT CAN ONLY BE LIABLE WHERE PRODUCT WAS DEFECTIVE
- WHEN IT LEFT DEENDANT’S CONTROL
- AND NOT EXPECTED TO UNDERGO SIGNIFICANT CHANGES BEFORE USING END CONSUMER
2
MBE MISSED - ELEMENTS NEEDED FOR FRUSTRATION OF PURPOSE EXCUSING PERFORMANCE OF LEASE ON PARTIALLY CONDEMNED PROPERTY
- FRUSTRATION MUST BE COMPLETE OR ALMOST COMPLETE
- TENANT MUST NOT HAVE BEEN COMPENSATED FOR INTEREST IN PROPERTY
5
FIRST AMENDMENT - FREEDOM OF ASSOCIATION - CONSTITUTIONALLY PROTECTED ACTIVITIES
- SPEECH
- ASSEMBLY
- PRESS
- SEEKING GOVERNMENT REDRESS
- FREE EXERCISE OF RELIGION
1
ATTORNEY WORK PRODUCT - FEDERAL - ABSOLUTE PRIVILEGE IS APPLIED TO ATTORNEY’S
- MENTAL IMRESSIONS.
4
GROUNDS FOR MOTION TO SET ASIDE JUDGMENT - CA
- MISTAKE
- INADVERTANCE
- EXCUSABLE NEGLECT
- SURPRISE
1
TENANCY AT WILL DURATION MAY BE
- ANY PERIOD OF TIME
1
CONDEMNATION AND LEASEHOLDS - TO TERMINATE A LEASE - THE GOVERNMENT TAKING MUST BE
- COMPLETE
1
DETRIMENTAL RELIANCE ON A FUTURE GIFT IS ONLY AN AVAILABLE ENFORCEMENT MECHANISM WHERE
- INJUSTICE CAN ONLY BE AVOIDED BY SUCH ENFORCMENT.
SPECIFIC INSTANCES OF MISCONDUCT BY WITNESS CAN BE INTRODUCED IF
- X-EXAM
- IF PROBATIVE OF TRUTHFULNESS OR UNTRUTHFULNESS
2
MEASURING LIFE FOR RAP IS LIFE IN BEING PLUS
- 21 YEARS
- LOOK OUT FOR THE 21 YEARS
