deck AG (1595-1631) Flashcards
4
SHAREHOLDER RIGHTS - SHAREHOLDERS HAVE THE RIGHT TO
- ATTEND MEETINGS
- VOTE ON BOARD AND STRUCTURE CHANGES (WHERE ARTICLES ALLOW)
- INSPECT BOOKS WITH PROPER PURPOSE AND REASONABLE NOTICE
- DIVIDENDS (WHERE ARTICLES ALLOW)
2
DISSENTING SHAREHOLDER’S PAYMENT FOR SHARES
- FAIR MARKET VALUE OF SHARES
- INTEREST
1
DUTIES OF A PRINCIPAL
- ALL DUTIES IMPOSED BY THE CONTRACT
1
STRETCH YOUR TOES TEN TIMES
- NOW PLEASE
2
MARRIED WOMAN’S SPECIAL PRESUMPTION - RESULT OF WIFE TAKING TITLE WITH 3rd PARTY
- WIFE AND THIRD PARTY ARE TENANTS IN COMMON
- WIFE HAS 1/2 INTEREST AS SEPERATE PROPERTY
7
SP EXPENDITURES MADE TO BENEFIT CP REAL ESTATE
ANTI-LUCAS 2
- 1987 ONWARD
- ANY PROPERTY PURCHASED WITH SP
- BUT JOINTLY HELD TITLE
- PRESUMED CP
- UNLESS AGREED IN WRITING OTHERWISE
- OR CLEARLY STATED IN DEED
- RIGHT OF REIMBURSEMENT OF SP FOR DIP.
1
SPECIAL CLASSIFICATIONS - LIFE INSURANCE - WHOLE LIFE - EACH ESTATE’S INTEREST IS BASED ON
- THE PERCENTAGE IT PAID TOWARD PREMUMS
2
COMMUNITY PROPERTY CONTRIBUTIONS
SPOUSE A USES CP TO IMPROVE TOWARD SPOUSE B’S SEPARATE PROPERTY -
OTHER PROPERTY
- MAJORITY RULE - PRESUMED GIFT UNLESS WRITTEN AGREEMENT TO REIMBURSE
- MINORITY RULE - GIFT NOT PRESUMED AND REIMBURSEMENT GRANTED
1
SHOES
- GO ON YOUR FEET
3
SPECIAL CLASSIFICATIONS - PERSONAL INJURY - LIABILITY FOR TORTFEASOR SPOUSE WHO COMMITS TORT AGAINST SPOUSE
- TORTFEASOR SPOUSE’S SP MUST BE EXHAUSTED
- BEFORE CP IS USED
- TO DISCHARGE LIABILITY OF TORTFEASOR SPOUSE TO INNOCENT SPOUSE
3
DISCRETIONARY SUPPORT TRUST - TRUSTEE HAS AUTHORITY TO
- DISTRIBUTE
- OR WITHHOLD
- PAYMENTS
3
MANIFESTATIONS OF INTENT TO CREATE TRUST
- WRITING
- VERBAL COMMUNCATION
- CONDUCT
1
PUNITIVE DAMAGES AND PROPORTIONALITY TO OTHER DAMAGES
- PUNITIVE DAMAGES MUST MAINTAIN RELATIVE PROPORTIONALITY TO OTHER DAMAGE AWARDS
3
MODERN VIEW OF LANDLORD’S DUTIES TO THE CONDITION OF THE PREMISES
- MAINTAIN COMMON AREAS
- FIX LATENT DEFECTS OF WHICH LANDLORD HAS KNOWLEDGE
- MAKE REPAIRS IN A NONNEGLIGENT FASHION
2
CALIFORNIA - SERVICE BY PUBLICATION
- AFTER NOTHING ELSE WORKS
- ATTORNEY MUST PROVIDE AFFADAVIT OF REASONABLE ATTEMPTS IN EFFECTING SERVICE.
2
WHICH BRANCH OF GOVERNMENT ESTABLISHES EXERCISE OF APPELLATE JURISDICTION?
- CONGRESS MAY ESTABLISH BY LAW
- THE MANNER IN WHICH APPELLATE JURISDICTION IS EXERCISED.
1
SEARCH AND SEIZURE - WARRANT IS REQUIRED WHERE
- SUSPECT HAS A REASONABLE EXPECTATION OF PRIVACY.
2
PUBLIC SAFETY EXCEPTION TO MIRANDA
- RESPONSES TO CUSTODIAL INTERROGATION PROMPTED BY REASONABLE CONCERN FOR PUBLIC SAFETY
- ARE NOT INADMISSIBLE UNDER MIRANDA.
1
EIGHTH AMENDMENT - BAIL MUST BE
- NOT EXCESSIVE OR UNDULY HIGH
3
BARS TO THE GOOD FAITH WARRANT EXCEPTION
- AFFIANT KNEW INFORMATION PROVIDED WAS FALSE
- AFFIANT WAS RECKLESS IN EVALUATING PROBABLE CAUSE VALUE OF INFORMATION
- MAGISTRATE’S RELIANCE ON AFFADAVIT WAS UNREASONABLE BASED ON LACK OF PROBABLE CAUSE.
4
DEFENSE OF INVOLUNTARY INTOXICATION
- A DEFENDANT MAY RAISE THE DEFENSE OF INVOLUNTARY INTOXICATION
- TO NEGATE CRIMINAL INTENT
- WHEN THE DEFENDANT WAS UNAWARE HE WAS UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE
- AT THE TIME OF THE ALLEGED CRIMINAL ACT.
1
MBE - TESTIMONY ABOUT DEFENDANT’S GOOD CHARACTER USING SPECIFIC INSTANCES OF CONDUCT IS PROHIBITED UNLESS
- THE CHARACTER TRAIT IS AN ESSENTIAL ELEMENT OF A CHARGE, CLAIM OR DEFENSE.
1
CONTRACTS - DEFENSE OF UNILATERAL MISTAKE AVAILABLE WHERE
- DEFENDANT ENTERED THE CONTRACT WITH A MISUNDERSTANDING OF MATERIAL FACT.
3
REQUIREMENTS FOR AN AWARD OF LIQUIDATED DAMAGES PURSUANT TO A LIQUIDATED DAMAGES CLAUSE
- DAMAGES WERE UNCLEAR AT THE TIME OF CONTRACTING
- AMOUNT OF DAMAGES CONTEMPLATED WAS REASONABLE
- AND REMAINS A REASONABLE REMEDY TO THE BREACH
4
IMPLIED IN LAW CONTRACT
- AN EQUITABLE CAUSE OF ACTION
- PLED WHERE NO EXPRESS OR IMPLIED IN FACT CONTRACT EXISTS
- WHERE MOVANT ACTS TO CONFER A BENEFIT ON RESPONDENT
- WITH A REASONABLE EXPECTATION OF BEING COMPENSATED IN RETURN.
3
REQUIREMENTS/OUTPUT CONTRACT
- CONTRACT MADE FOR EXCLUSIVE OUTPUT OR REQUIREMENT OF GOODS
- REQUIRES DEMANDS BE REASONABLE PROPORTIONATE WITH PREVIOUS DEMANDS
- INCLUDES IMPLIED MATERIAL CONDITION OF GOOD FAITH EFFORT TO REMAIN IN BUSINESS
3
ENFORCEABILITY OF DELEGATION AGAINST DELEGATOR
- A PROMISOR/DELEGATOR RETAINS PRIMARY LIABILITY TO THE PROMISEE
- UNLESS PROMISOR DELEGATOR GIVES DELAGATEE CONSIDERATION
- FORMING A NEW CONTRACT WITH ORIGINAL PROMISEE AS A THIRD PARTY BENEFICIARY WITH FULL ENFORCEMENT RIGHTS
2
DUTY OF CONFIDENTIALITY - ATTORNEY MAY NOT DISCLOSE CLIENT COMMUNICATIONS MADE DURING REPRESENATION THROUGHOUT IN THESE TIME PERIODS
- DURING REPRESENTATION
- AFTER REPRESENTATION
1
NEW YORK TIMES BURDEN OF PROOF FOR DEFAMATION FOR A PUBLIC OFFICIAL
- STATEMENT WAS MADE WITH ACTUAL MALICE
3
LIABILITY FOR NEGLIGENCE PER SE ARISES WHERE DEFENDANT
- BREACHES A DUTY CREATED BY STATUTE
- STATUE ENACTED TO PROECT GROUP OF PEOPLE OF WHICH PLAINTIFF IS A MEMBER
- STATUTE TO CREATED TO PREVENT TYPE OF INJURY PLAINTIFF SUFFERED
1
MULTIPLE ACTS AND ACTUAL CAUSES - EACH DEFENDANT MUST SHOW
- HIS NEGLIGENCE WAS NOT THE ACTUAL CAUSE OF THE INJURY
1
CORPORATE BOARD OF DIRECTORS MAY DELEGATE AUTHORITY TO ACT TO COMMITTEE OR OFFICER WHERE THIS IS GIVEN
- UNANIMOUS WRITTEN CONSENT OF DIRECTORS
1
CAUSE OF ADMINISTRATIVE DISSOLUTION OF CORPORATION
- SECRETARY OF STATE FORCES CORP TO DISSOLVE DUE TO ADMINISTRATIVE FAILURES
2
OBJECTION - ARGUMENTATIVE IS USED WHEN QUESTION ASKED
- ASKS FOR INFERENCES TO MADE FROM THE QUESTION
- IN ORDER TO PERSUADE JUDGE OR JURY
2
TRANSFERS OF STOCKS - RESTRICTIONS ON TRANSFERS WILL ONLY BE ENFORCED AGAINST THIRD PARTIES WHERE RESTRICTIONS
- WERE CONSPICUOUSLY NOTED ON INSTRUMENT
- OR PREEXISTING KNOWLEDGE OF RESTRICTION
3
PROCEDURAL DUE PROCESS MINIMALLY REQUIRES THAT THE GOVERNMENT PROVIDE THE FOLLOWING BEFORE DEPRIVING AN INDIVIDUAL OF LIFE, LIBERTY OR PROPERTY
- NOTICE
- OPPORTUNITY TO BE HEARD
- BEFORE A NEUTRAL DECISION MAKER
Always determine what interests each party holds before attempting to answer a question of this type. The facts indicate that the friend has a life estate, the uncle has a vested remainder, and his heirs and assigns have a vested remainder subject to open. The owner retained no interest in the property. As such, answers A and D are incorrect, because no one held a contingent remainder.
