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CA Bar Outlined and Numbered (with prompts) > deck AE (1493-1543) > Flashcards

deck AE (1493-1543) Flashcards

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1
Q

2

(FOR JUSTICIABILITY) POLTICAL QUESTIONS MEANS THE ISSUE PRESENTED BY THE COURT IS EITHER E

A
  1. SO SPECIFIC THAT IT INVOLVES POWER GRANTED EXCLUSIVELY TO A COORDINATE BRANCH OF GOVERNMENT
  2. OR SO VAGUE THE CONSTITUTION DOES EVEN ADDRESS THE ISSUE
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2
Q

3

CONSIDERATION REQUIRED FOR STOCK SHARES (AT COMMON LAW)

A
  1. ANY INTANGIBLE OR TANGIBLE BENEFIT TO CORP
  2. CANNOT BE FUTURE SERVICES
  3. CANNOT BE UNSECURED DEBT
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3
Q

2

QUORUM OF BOARD OF DIRECTORS - A QUORUM IS A

A
  1. MAJORITY OF THE BOARD
  2. WHO DOES NOT HAVE INTEREST IN ACTION
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4
Q

2

SHAREHOLDER - VOTING BY PROXY - REVOCABLE VS. IRREVOCABLE

A
  1. REVOCABLE PROXY CREATES AGENCY RELATIONSHIP
  2. IRREVOCABLE PROXY CREATED BY INTEREST OR EXCHANGE OF CONSIDERATION
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5
Q

2

16B GOVERNANCE OF SHORT SWING PROFITS

OFFICERS & DIRECTORS

VS.

10 PERCENT OR MORE SHAREHOLDERS

A
  1. OFFICERS & DIRECTORS - IN POSITION AT EITHER TIME OF SALE OR PURCHASE
  2. 10 PERCENT SHAREHOLDERS - IN POSITION AT BOTH PURCHASE AND SALE
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6
Q

1

TENDER OFFER

A
  1. AN OFFER TO PURCHASE A CONTROLLING PERCENTAGE OF SHARES IN A CORPORATION
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7
Q

2

COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -

WHEN TO USE PEREIRA

A
  1. MOST VALUABLE FACTOR OF APPRECIATION WAS SPOUSE’S LABOR
  2. FAVORS COMMUNITY
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8
Q

2

DISTRIBUTION OF ASSETS AT DEATH - SPOUSES’ RIGHTS TO QCP

A
  1. DECEDENT DOES NOT HAVE 1/2 INTEREST IN SURVIVING SPOUSES QCP
  2. SURVIVING SPOUSE DOES HAVE 1/2 INTEREST IN DECEDENT’S QCP
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9
Q

3

EXHAUSTION METHOD

A
  1. FUNDS IN COMMUNITY ACCOUNT DEPLETED
  2. ONLY FUNDS IN SP ACCOUNT AVAILABLE
  3. WHEN PROPERTY PURCHASED
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10
Q

2

DIRECT TRACING

A
  1. ADVOCATING SPOUSE SHOWS SUFFICIENT SP FUNDS AVAILABLE AT THE TIME OF PROPERTY’S PURCHASE
  2. AND INTENT TO USE FUNDS TO PURCHASE PROPERTY AS AN SP ASSET
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11
Q

2

VALID WILL - INTERESTED WITNESSES CREATING REBUTTABLE PRESUMPTION OF INTENT IS REBUTTED WHERE

A
  1. TWO OTHER DISINTERESTED WITNESSES PRESENT
  2. WITNESSES ARE PRESENT IN FIDUCIARY CAPACITY
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12
Q

1

FRAUD PREVENTING REVOCATION OF WILL OCCURS WHEN

A
  1. FRAUD IS IMPLEMENTED TO PREVENT REVOCATION
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13
Q

2

SUPPORT TRUST ELEMENTS

A
  1. DIRECTS TRUSTEE TO MAKE LIMITED DISTRIBUTIONS
  2. FOR BENEFICIARY’S SUPPORT
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14
Q

4

PURCHASE MONEY RESULTING TRUST ELEMENTS

A
  1. BENEFICIARY PAYS CONSIDERATION FOR PROPERTY
  2. TITLE IS TAKEN IN THE NAME OF THIRD PARTY
  3. THIRD PARTY BECOMES TRUSTEE
  4. OF PROPRERTY NOW CONSIDERED TO BE IN PURCHASE MONEY RESULTING TRUST
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15
Q

2

TRUSTEE CAN’T OFFSET LOSSES FOR BREACH

A
  1. WHERE ONE BREACH CAUSES LOSS
  2. AND ANOTHER BREACH CAUSES GAIN
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16
Q

3

EQUITABLE LIEN - WHERE PLAINTIFF TRACES WRONGFUL TAKEN FUNDS TO A COMMINGLED ACCOUNT

A
  1. LOWEST INTERMEDIATE BALANCE RULE APPLIES
  2. PLAINTIFF RECEIVES ACTUAL MONEY OWNED
  3. SANS INCREASE
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17
Q

2

A LAND SALE CONTRACT DOES NOT CONTAIN THIS IMPLIED WARRANTY

A
  1. IMPLIED WARRANTY OF FITNESS
  2. UNLESS IT IS A NEW HOME BEING SOLD BY THE BUILDER
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18
Q

2

PRIORITY OF LIENS AGAINST PROPERTY

A
  1. USUALLY IN CHRONOLOGICAL ORDER
  2. PURCHASE MONEY MORTGAGE GETS FIRST PRIORITY
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19
Q

1

LIABILITY OF NEW TENANT TO LANDLORD FOR SUBLEASE RENTAL PAYMENTS

A
  1. NEW TENANT IS NOT LIABLE TO LANDLORD FOR SUBLEASE RENTAL PAYMENTS BECAUSE NO PRIVITY OF ESTATE.
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20
Q

5

REAL COVENANT - REQUIREMENTS FOR THE BURDEN TO RUN WITH THE LAND

A
  1. NOTICE
  2. INTENT
  3. TOUCH AND CONCERNS
  4. VERTICAL PRIVITY
  5. HORIZONTAL PRIVITY
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21
Q

2

DIVERSITY JURISDICTION AND WORKER’ COMPENSATION CASES

A
  1. WORKERS’ COMPENSATION CASES MAY NOT BE REMOVED TO ANY DISTRICT COURT
  2. DIVERSITY JURISDICTION NOTWITHSTANDING.
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22
Q

1

CROSS-CLAIMS AND COUNTERCLAIMS FOR AGGREGATION OF CLAIMS TO GET TO 75,000 FOR DIVERSITY

A
  1. NOT ALLOWED.
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23
Q

2

PERSONAL SERVICE ELEMENTS

A
  1. OCCURS WHEN PERSONAL DELIVERY IS MADE TO DEFENDANT
  2. PERSONAL SERVICE IS ALWAYS ADEQUATE SERVICE.
24
Q

2

CONSTRUCTIVE SERVICE - REGISTERED MAIL

A
  1. DEFENDANTS MAY BE SERVED BY REGISTERED MAIL
  2. IF THEY AGREED TO WAIVE SERVICE OF PROCESS.
25
Q

3

ERIE DOCTRINE DEFINITION

A
  1. FEDERAL COURTS EXERCISING DIVERSITY JURISDICTION ARE REQUIRED TO APPLY
  2. STATE LAW TO ISSUES OF SUBSTANCE
  3. AND FEDERAL LAWS TO ISSUES OF PROCEDURE.
26
Q

3

RULE 26 MANDATORY DISCLOSURES

A
  1. INITIAL DISCLOSURES SUPPLYING INFORMATION ABOUT DISPUTED FACTS
  2. EXPERT WITNESS DISCLOSURES
  3. PRETRIAL DISCLOSURES
27
Q

1

FEDERAL INTERROGATORY LIMITS

A
  1. ONLY 25 INTERROGATORIES
28
Q

1

FEDERAL TIME LIMITS TO FILE APPEAL

A
  1. 30 DAYS AFTER ENTRY OF JUDGMENT
29
Q

3

STANDING - THIRD PARTY

A
  1. INDIVIDUAL STANDING
  2. PLAINTIFF HAS SPECIAL RELATIONSHIP WITH THIRD PARTY
  3. THIRD PARTY CANNOT ASSERT HIS OWN RIGHTS
30
Q

2

PRIVATE ACTOR IMPLICATES STATE ACTION WHERE

A
  1. PERFORMING TRADITIONALLY PUBLIC FUNCTION
  2. STATE ENTANGLED ITSELF IN PRIVATE ACTIVITY
31
Q

1

JUDICIAL POWERS - SUPREME COURT WON’T HEAR A CASE WHERE THERE WERE THESE TYPE OF GROUNDS FOR THE STATE COURT DECISION.

A
  1. ADEQUATE
  2. INDEPENDENT
32
Q

1

EQUAL PROTECTION CLAUSE - STRICT SCRUTINY REVIEW STANDARD

A
  1. NECESSARY TO ACHIEVE A COMPELLING GOVERNMENT INTEREST
33
Q

2

FIFTH AMENDMENT - MIRANDA INVOCATION AND INTERROGATION FOR OTHER OFFENSES

A
  1. UNDER THE 5TH AMENDMENT
  2. INVOCATION OF COUNSEL MANDATES POLICE STOP INTERROGATION REGARDING ANY CRIMINAL OFFENSE
34
Q

3

COMMON LAW ARSON

A
  1. COMMON LAW ARSON IS A GENERAL INTENT CRIME
  2. DONE BY MALICIOUSLY BURNING
  3. THE DWELLING STRUCTURE OF ANOTHER.
35
Q

2

MODERN ARSON

A
  1. MODERNLY, THE CRIME OF ARSON HAS BEEN EXPANDED TO INCLUDE
  2. MALICIOUS BURNING OF STRUCTURES, LAND AND PROPERTY.
36
Q

4

LARCENY BY TRICK IS THE CRIME OF

A
  1. KNOWINGLY USING A FALSE PROMISE OR STATEMENT
  2. WITH THE SPECIFIC INTENT OF INDUCING VICTIM TO GIVE DEFENDANT POSSESSION OF VICTIM’S PERSONAL PROPERTY
  3. TO PERMANENTLY DEPRIVE VICTIM OF HIS POSSESSORY INTEREST IN THE SAME.
37
Q

1

GELATIN

A
  1. IS MADE FROM HORSES
38
Q

4

MALICE FOR MURDER IS THE INTENT TO

A
  1. TO KILL
  2. COMMIT SERIOUS BODILY INJURY
  3. COMMIT AN INHERENTLY DANGEROUS FELONY (FELONY MURDER RULE)
  4. CREATE EXTREME RISK TO HUMAN LIFE WITH AN AWARENESS AND CONSCIOUS DISREGARD FOR THAT RISK (DEPRAVED HEART MURDER).
39
Q

1

COURT’S LIKELIHOOD TO INTERVENE WHERE BOTH PARTIES ENTER A CONTRACT WITH EQUAL GUILT

A
  1. WHERE BOTH PARTIES ENTER THE CONTRACT WITH EQUAL AMOUNTS OF GUILT, THE COURT WILL NOT INTERVENE.
40
Q

1

EFFECT OF ONE LAWYER’S COI ON THE ENTIRE FIRM

A
  1. ONE LAWYER’S COI DISQUALIFIES ENTIRE FIRM
41
Q

1

ABA - EXCEPTIONS TO CONFIDENTIALITY REQUIREMENT

A
  1. TO PREVENT CLIENT’S DEATH OR SERIOUS BODILY HARM
42
Q

2

AN ATTORNEY MAY MAKE PUBLIC STATEMENTS ABOUT THE CASE WHERE

A
  1. INFORMATION IS ALREADY GENERALLY KNOWN
  2. DAMAGE CONTROL ON OPPOSING COUNSEL’S STATEMENTS
43
Q

1

WAIVER OF LIABILITY OF ATTORNEY THROUGH FEE AGREEMENT IN EXCHANGE FOR REDUCED FEE

A
  1. OK WHERE CLIENT HAS INDEPENDENT COUNSEL BEFORE SIGNING FEE AGREEMENT
44
Q

3

DEFENSES TO DEFAMATION

A
  1. ABSOLUTE PRIVILEGE
  2. QUALIFIED PRIVILEGE
  3. TRUTH
45
Q

3

RESCUER DOCTRINE - LIABILITY FOR BREACH MAY ARISE WHERE

A
  1. DEFENDANT CREATED IMMINENT PERIL OR APPEARANCE OF IMMINENT PERIL TO SELF OR OTHERS
  2. REASONABLY RECOGNIZABLE TO THIRD PARTY
  3. CAUSING PLAINTIFF TO REASONABLY ATTEMPT RESCULE
46
Q

3

LIABILITY FOR BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY ARISES WHERE DEFENDANT IS

A
  1. MERCHANT SPECIALIZING IN THE TYPE OF GOODS SOLD
  2. GOODS ARE NOT OF THE AVERAGE ACCEPTABLE QUALITY
  3. OR NOT FIT FOR GENERAL INTENDED PURPOSE OF GOODS
47
Q

2

MBE MISSED - STRICT LIABILITY PRODUCT DEFECT - DEFENDANT CAN ONLY BE LIABLE WHERE PRODUCT WAS DEFECTIVE

A
  1. WHEN IT LEFT DEENDANT’S CONTROL
  2. AND NOT EXPECTED TO UNDERGO SIGNIFICANT CHANGES BEFORE USING END CONSUMER
48
Q

2

MBE MISSED - ELEMENTS NEEDED FOR FRUSTRATION OF PURPOSE EXCUSING PERFORMANCE OF LEASE ON PARTIALLY CONDEMNED PROPERTY

A
  1. FRUSTRATION MUST BE COMPLETE OR ALMOST COMPLETE
  2. TENANT MUST NOT HAVE BEEN COMPENSATED FOR INTEREST IN PROPERTY
49
Q

5

FIRST AMENDMENT - FREEDOM OF ASSOCIATION - CONSTITUTIONALLY PROTECTED ACTIVITIES

A
  1. SPEECH
  2. ASSEMBLY
  3. PRESS
  4. SEEKING GOVERNMENT REDRESS
  5. FREE EXERCISE OF RELIGION
50
Q

1

ATTORNEY WORK PRODUCT - FEDERAL - ABSOLUTE PRIVILEGE IS APPLIED TO ATTORNEY’S

A
  1. MENTAL IMRESSIONS.
51
Q

4

GROUNDS FOR MOTION TO SET ASIDE JUDGMENT - CA

A
  1. MISTAKE
  2. INADVERTANCE
  3. EXCUSABLE NEGLECT
  4. SURPRISE
52
Q

1

TENANCY AT WILL DURATION MAY BE

A
  1. ANY PERIOD OF TIME
53
Q

1

CONDEMNATION AND LEASEHOLDS - TO TERMINATE A LEASE - THE GOVERNMENT TAKING MUST BE

A
  1. COMPLETE
54
Q

1

DETRIMENTAL RELIANCE ON A FUTURE GIFT IS ONLY AN AVAILABLE ENFORCEMENT MECHANISM WHERE

A
  1. INJUSTICE CAN ONLY BE AVOIDED BY SUCH ENFORCMENT.
55
Q

SPECIFIC INSTANCES OF MISCONDUCT BY WITNESS CAN BE INTRODUCED IF

A
  1. X-EXAM
  2. IF PROBATIVE OF TRUTHFULNESS OR UNTRUTHFULNESS
56
Q

2

MEASURING LIFE FOR RAP IS LIFE IN BEING PLUS

A
  1. 21 YEARS
  2. LOOK OUT FOR THE 21 YEARS

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

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