deck AF (1544-1594) Flashcards
2
WHEN MAY CORPORATE OFFICER OR DIRECTOR PERSONALLY ACCEPT BUSINESS OPPORTUNITY?
- AFTER FULL DISCLOSURE OF MATERIAL FACTS TO BOARD OF DIRECTORS.
- BOARD VOTES AND MAKES GOOD FAITH REJECTION
1
SARBANES-OXLEY - ENHANCED REPORTING REQUIREMENTS - CORPORATION MUST HAVE AN
- AUDIT BOARD
3
TYPES OF CORPORATE DISSOLUTION
- VOLUNTARY
- ADMINISTRATIVE
- JUDICIAL
3
FIGURING OUT WHO OWNS UNTITLED PROPERTY IN A PARTNERSHIP
- WERE PARTNERSHIP FUNDS USED TO ACQUIRE, IMPROVE OR MAINTAIN?
- WAS THERE A CLOSE RELATIONSHIP BETWEEN THE PROPERTY AND BUSINESS?
- DID THE PARTNERSHIP LIST THE PROPERTY ON ITS BOOKS?
6
FORMATION OF LIMITED PARTNERSHIPS REQUIREMENTS
- FILE LIMITED PARTNERSHIP CERTIFICATE W/STATE
- NAME - MUST INCLUDE LP
- AGENT’S NAME AND ADDRESS
- GENERAL PARTNERS NAMES AND ADDRESSES
- RECORDS MAINTAINED IN STATE OF FORMATION
- IF NOT DONE CORRECTLY LP BECOMES GP
2
SPOUSAL SUPPORT MAY BE WAIVED THROUGH PREMARITAL AGREEMENT IF
- AGREEMENT IS NOT UNCONSCIONABLE
- IF WAIVING SPOUSE REPRESENTED BY HER OWN COUNSEL WHEN SIGNING AGREEMENT
3
REIMBURSEMENT RIGHTS OF SEPARATE ESTATE FOR CONTRIBUTIONS TO COMMUNITY ESTATE
- WITHOUT INTEREST
- WHERE FUNDS TRACEABLE
- ONLY FOR DIP
5
APPORTIONING SHARES OF BUSINESS VALUE APPRECIATION AFTER SEPARATION - WHEN SP CONTRIBUTES TO A CP BUSINESS
REVERSE PEREIRA FORMULA
- COMMUNITY GETS VALUE OF CP BUSINESS AT TIME OF SEPARATION
- PLUS REASONABLE RATE OF RETURN
- MULTIPLIED BY THE NUMBER OF YEARS BUSINESS SPOUSE WORKED AT BUSINESS AFTER SEPARATION
- SUBTRACTED FROM INCREASED PRESENT AMOUNT OF VALUE IN BUSINESS
- REMAINDER GOES TO BUSINESS SPOUSE
1
TRANSMUTATION AND COMMUNITY PROPERTY LAW
- CHANGE THE ESTATE OR OWNERSHIP CHARACTERIZATION OF AN ASSET
3
TRANSMUTATION TO 3RD PARTIES
- NOT EFFECTIVE
- WITHOUT NOTICE
- UNLESS RECORDED
3
DISTRIBUTION OF ASSETS AT DIVORCE - TWO MARRIAGES
- JURISDICTIONAL SPLIT
- SOME JURISIDICTIONS DIVIDE ASSETS EQUALLY BETWEEN ALL SPOUSES
- SOME JURISDICTIONS DIVIDE ASSETS EQUALLY BETWEEN INNOCENT SPOUSES
6
ORDER OF ANALYZING ASSETS FOR COMMUNITY PROPERTY ESSAYS (NO GOOD SPOUSE SHOULD ACTUALLY DIVORCE)
- NAME OF ASSET
- GENERAL PRESUMPTION
- SPECIAL PRESUMPTION
- STATUATORY PRESUMPTION
- ACTIONS TAKEN
- DISPOSITION OF ASSET
4
LAPSE (BENEFICIARY DEATH)
- BENEFICIARY PREDECEASES TESTATOR
- GIFT TO BENEFICARY LAPSES AND FALLS INTO RESIDUE
- OR DISTRIBUTED VIA INTESTATE SUCCESSION
- AT COMMON LAW AND MINORITY OF JURISDICTIONS
3
GENERAL WARRANTY DEED CONTAINS
- WARRANTY AGAINST DEFECTS IN TITLE
- THREE PRESENT COVENANTS OF TITLE
- THREE FUTURE COVENANTS OF TITLE
3
TYPES OF RECORDING ACTS
- NOTICE STATUTE
- RACE STATUTE
- RACE-NOTICE STATUTE
1
FEE SIMPLE ABSOLUTE CONVEYS
- ABSOLUTE OWNERSHIP OF POTENTIALLY INFINITE DURATION.
4
LANDLORD/TENANT QUESTIONS/DEFENSES TO PAY RENT
- IMPLIED COVENANT OF QUIET ENJOYMENT
- CONSTRUCTIVE EVICTION
- IMPLIED WARRANTY OF HABITABILITY
- BREACH OF EXPRESS REAL COVENANT
1
TRANSFER OF EASEMENTS - WHEN A DOMINANT ESTATE TRANSFERS, THE EASEMENT IS
- APPURTENANT - RUNS WITH THE LAND
5
FEDERAL CLASS ACTION REQUIREMENTS
CAN’T -C
- NUMEROSITY
- COMMONALITY
- TYPICALITY
- ADEQUACY
- CLASS TYPE REQUIREMENTS
4
GROUNDS FOR MOTION TO SET ASIDE JUDGMENT - FEDERAL
- CLERICAL ERRORS
- NEGLECTFUL MISTAKES
- NEW DISCOVERED EVIDENCE THAT WOULD NOT REASONABLY DISCOVERED IN PREVIOUS TRIAL
- FRAUD
- VOID JUDGMENT
- PREVIOUS JUDGMENT CAUSING JUDGMENT IS SATISFIED
- ANY OTHER REASON JUSTIFYING RELIEF
2
ARTICLE III - COURT ALLOWED TO MAKE DECLARATORY JUDGMENTS WHERE THEY
- CLARIFY LEGAL EFFECT OF A REGULATION
- AFFIRM RIGHTS, DUTIES OR OBLIGATIONS OF PARTIES IN CIVIL DISPUTE
3
TENTH AMENDMENT ELEMENTS
- POWERS NOT DELEGATED TO FEDERAL GOVERNMENT
- OR PROHIBITED BY U.S. CONSTUTION
- ARE RESERVED FOR THE STATES
1
TAKINGS CLAUSE - PUBLIC USE MUST BE
- RATIONALLY RELATED TO A CONCEIVABLE PUBLIC PURPOSE OR BENEFIT
1
NONPUBLIC GOVERNMENT PROPRETY AS A FORUM FOR SPEECH
- NONPUBLIC GOVERNMENT PROPERTY IS NOT OPEN TO SPEECH
3
PATDOWN - PLAIN FEEL DOCTRINE
- DURING LAWFUL PAT-DOWN
- OFFICER FEELS SOMETHING IMMEDIATELY RECOGNIZABLE AS CONTRABAND
- OFFICER CAN SEIZE THE ITEM.
2
CONSPIRACY - MODERN OVERT ACT REQUIREMENT
- MODERNLY, MOST JURISDICTIONS REQUIRE AN OVERT ACT BE COMMITTED
- IN FURTHERANCE OF THE CONSPIRACY’S CRIMINAL OBJECTIVE.
4
UNDER THE PINKERTON RULE, EACH MEMBER OF A CONSPIRACY IS
- VICARIOUSLY LIABLE
- FOR THE CRIMINAL ACTS OF CO-CONSPIRATORS
- WHERE THOSE ACTS WERE REASONABLY FORESEEABLE
- AND DONE IN FURTHERANCE OF THE CRIMINAL OBJECTIVE.
4
AGGRAVATED BATTERY
- AGGRAVATED BATTERY IS A GENERAL INTENT CRIME
- DONE TO CAUSE
- THAT DOES CAUSE AN UNCONSENTED APPLICATION OF FORCE BY USING A WEAPON ON
- VICTIM’S PERSON.
3
RECORDS OF VITAL STATISTICS EXCEPTION
- RECORDS OF DEATHS, BIRTHS AND MARRIAGES NON HEARSAY
- WHERE REPORT MADE TO PUBLIC OFFICE
- IN ACCORDANCE WITH REQUIREMENTS OF LAW
3
PRIOR CONSISTENT STATEMENT AND HEARSAY
- NOT HEARSAY WHERE CONSISTENT STATEMENT OFFERED TO REBUT A CHARGE OF RECENT FABRICATION
- MUST BE MADE BEFORE MOTIVE TO LIE CAME INTO BEING
- STATEMENT DOES NOT NEED TO HAVE BEEN MADE UNDER OATH
2
COVENANT
- PROMISE CONTAINED IN A CONTRACT
- LESSER THAN A MATERIAL CONDITION
1
DUTY OF LOYALTY FACTORS - LAWYER MUST NOT
DEVELOP OR MAINTAIN AN INTEREST THAT IS ADVERSE TO HER CLIENT
2
PERMISSIVE WITHDRAWAL BASED ON FINANCIAL BURDEN ONCE THE CASE IS IN LITIGATION
- WHERE AN UNREASONABLE FINANCIAL BURDEN EXISTS
- ONCE COURT APPROVAL IS GIVEN
1
SLANDER/DEFAMATION
- AN ORAL FALSE STATEMENT OF MATERIAL FACT TRANSITORY IN NATURE
1
DEFAMATION - TO BE A PUBLIC FIGURE, AN INDIVIDUAL MUST
- AFFIRMATIVELY ACT TO STEP INTO THE SPOTLIGHT
1
TORT - GROSS NEGLIGENCE OCCURS WHERE DEFENDANT
- DELIBERATELY BREACHED A PREEXISTING DUTY
5
LIABILITY FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS ARISES WHERE DEFENDANT
- INTENTIONALLY ACTS IN AN EXTREME OUTRAGEOUS MANNER
- INTENDING TO CAUSE
- OR WITH RECKLESS DISREGARD OF THE PROBABLITY OF CAUSING
- EXTREME EMOTIONAL DISTRESS
- CAUSING PLAINTIFF EXTREME EMOTIONAL DISTRESS
1
MBE MISSED - UNKNOWN TRESPASSER IS OWED
- NO DUTY
2
MBE MISSED - ANIMALS ON FEDERAL LAND ARE PROTECTED BY CONGRESS’ POWER TO DO THIS REGARDING FEDERAL LANDS
- DISPOSE OF AND
- MAKE ALL NEEDFULL RULES AND REGULATIONS
3
CA COMMUNITY PROPERTY - SPOUSE’S WRITTEN CONSENT IS NEEDED WHEN OTHER SPOUSE MAKES DISPOSAL OF
- FAMILY DWELLING’S PERSONAL PROPERTY
- OTHER SPOUSE’S CLOTHING
- CHILDREN’S CLOTHING
1
ALL NON-TESTIMONIAL EVIDENCE MUST BE ______ TO BE ADMITTED
- AUTHENTICATED
