deck AG (1595-1631)

Question 2

4

SHAREHOLDER RIGHTS - SHAREHOLDERS HAVE THE RIGHT TO

Answer 2

1. ATTEND MEETINGS
2. VOTE ON BOARD AND STRUCTURE CHANGES (WHERE ARTICLES ALLOW)
3. INSPECT BOOKS WITH PROPER PURPOSE AND REASONABLE NOTICE
4. DIVIDENDS (WHERE ARTICLES ALLOW)

Question 3

2

DISSENTING SHAREHOLDER’S PAYMENT FOR SHARES

Answer 3

1. FAIR MARKET VALUE OF SHARES
2. INTEREST

Question 4

1

DUTIES OF A PRINCIPAL

Answer 4

1. ALL DUTIES IMPOSED BY THE CONTRACT

Question 5

1

STRETCH YOUR TOES TEN TIMES

Answer 5

1. NOW PLEASE

Question 6

2

MARRIED WOMAN’S SPECIAL PRESUMPTION - RESULT OF WIFE TAKING TITLE WITH 3rd PARTY

Answer 6

1. WIFE AND THIRD PARTY ARE TENANTS IN COMMON
2. WIFE HAS 1/2 INTEREST AS SEPERATE PROPERTY

Question 7

7

SP EXPENDITURES MADE TO BENEFIT CP REAL ESTATE

ANTI-LUCAS 2

Answer 7

1. 1987 ONWARD
2. ANY PROPERTY PURCHASED WITH SP
3. BUT JOINTLY HELD TITLE
4. PRESUMED CP
5. UNLESS AGREED IN WRITING OTHERWISE
6. OR CLEARLY STATED IN DEED
7. RIGHT OF REIMBURSEMENT OF SP FOR DIP.

Question 8

1

SPECIAL CLASSIFICATIONS - LIFE INSURANCE - WHOLE LIFE - EACH ESTATE’S INTEREST IS BASED ON

Answer 8

1. THE PERCENTAGE IT PAID TOWARD PREMUMS

Question 9

2

COMMUNITY PROPERTY CONTRIBUTIONS

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

OTHER PROPERTY

Answer 9

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

Question 10

1

SHOES

Answer 10

1. GO ON YOUR FEET

Question 11

3

SPECIAL CLASSIFICATIONS - PERSONAL INJURY - LIABILITY FOR TORTFEASOR SPOUSE WHO COMMITS TORT AGAINST SPOUSE

Answer 11

1. TORTFEASOR SPOUSE’S SP MUST BE EXHAUSTED
2. BEFORE CP IS USED
3. TO DISCHARGE LIABILITY OF TORTFEASOR SPOUSE TO INNOCENT SPOUSE

Question 12

3

DISCRETIONARY SUPPORT TRUST - TRUSTEE HAS AUTHORITY TO

Answer 12

1. DISTRIBUTE
2. OR WITHHOLD
3. PAYMENTS

Question 13

3

MANIFESTATIONS OF INTENT TO CREATE TRUST

Answer 13

1. WRITING
2. VERBAL COMMUNCATION
3. CONDUCT

Question 14

1

PUNITIVE DAMAGES AND PROPORTIONALITY TO OTHER DAMAGES

Answer 14

1. PUNITIVE DAMAGES MUST MAINTAIN RELATIVE PROPORTIONALITY TO OTHER DAMAGE AWARDS

Question 15

3

MODERN VIEW OF LANDLORD’S DUTIES TO THE CONDITION OF THE PREMISES

Answer 15

1. MAINTAIN COMMON AREAS
2. FIX LATENT DEFECTS OF WHICH LANDLORD HAS KNOWLEDGE
3. MAKE REPAIRS IN A NONNEGLIGENT FASHION

Question 16

2

CALIFORNIA - SERVICE BY PUBLICATION

Answer 16

1. AFTER NOTHING ELSE WORKS
2. ATTORNEY MUST PROVIDE AFFADAVIT OF REASONABLE ATTEMPTS IN EFFECTING SERVICE.

Question 17

2

WHICH BRANCH OF GOVERNMENT ESTABLISHES EXERCISE OF APPELLATE JURISDICTION?

Answer 17

1. CONGRESS MAY ESTABLISH BY LAW
2. THE MANNER IN WHICH APPELLATE JURISDICTION IS EXERCISED.

Question 18

1

SEARCH AND SEIZURE - WARRANT IS REQUIRED WHERE

Answer 18

1. SUSPECT HAS A REASONABLE EXPECTATION OF PRIVACY.

Question 19

2

PUBLIC SAFETY EXCEPTION TO MIRANDA

Answer 19

1. RESPONSES TO CUSTODIAL INTERROGATION PROMPTED BY REASONABLE CONCERN FOR PUBLIC SAFETY
2. ARE NOT INADMISSIBLE UNDER MIRANDA.

Question 20

1

EIGHTH AMENDMENT - BAIL MUST BE

Answer 20

1. NOT EXCESSIVE OR UNDULY HIGH

Question 21

3

BARS TO THE GOOD FAITH WARRANT EXCEPTION

Answer 21

1. AFFIANT KNEW INFORMATION PROVIDED WAS FALSE
2. AFFIANT WAS RECKLESS IN EVALUATING PROBABLE CAUSE VALUE OF INFORMATION
3. MAGISTRATE’S RELIANCE ON AFFADAVIT WAS UNREASONABLE BASED ON LACK OF PROBABLE CAUSE.

Question 22

4

DEFENSE OF INVOLUNTARY INTOXICATION

Answer 22

1. A DEFENDANT MAY RAISE THE DEFENSE OF INVOLUNTARY INTOXICATION
2. TO NEGATE CRIMINAL INTENT
3. WHEN THE DEFENDANT WAS UNAWARE HE WAS UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE
4. AT THE TIME OF THE ALLEGED CRIMINAL ACT.

Question 23

1

MBE - TESTIMONY ABOUT DEFENDANT’S GOOD CHARACTER USING SPECIFIC INSTANCES OF CONDUCT IS PROHIBITED UNLESS

Answer 23

1. THE CHARACTER TRAIT IS AN ESSENTIAL ELEMENT OF A CHARGE, CLAIM OR DEFENSE.

Question 24

1

CONTRACTS - DEFENSE OF UNILATERAL MISTAKE AVAILABLE WHERE

Answer 24

1. DEFENDANT ENTERED THE CONTRACT WITH A MISUNDERSTANDING OF MATERIAL FACT.

Question 25

3

REQUIREMENTS FOR AN AWARD OF LIQUIDATED DAMAGES PURSUANT TO A LIQUIDATED DAMAGES CLAUSE

Answer 25

1. DAMAGES WERE UNCLEAR AT THE TIME OF CONTRACTING
2. AMOUNT OF DAMAGES CONTEMPLATED WAS REASONABLE
3. AND REMAINS A REASONABLE REMEDY TO THE BREACH

Question 26

4

IMPLIED IN LAW CONTRACT

Answer 26

1. AN EQUITABLE CAUSE OF ACTION
2. PLED WHERE NO EXPRESS OR IMPLIED IN FACT CONTRACT EXISTS
3. WHERE MOVANT ACTS TO CONFER A BENEFIT ON RESPONDENT
4. WITH A REASONABLE EXPECTATION OF BEING COMPENSATED IN RETURN.

Question 27

3

REQUIREMENTS/OUTPUT CONTRACT

Answer 27

1. CONTRACT MADE FOR EXCLUSIVE OUTPUT OR REQUIREMENT OF GOODS
2. REQUIRES DEMANDS BE REASONABLE PROPORTIONATE WITH PREVIOUS DEMANDS
3. INCLUDES IMPLIED MATERIAL CONDITION OF GOOD FAITH EFFORT TO REMAIN IN BUSINESS

Question 28

3

ENFORCEABILITY OF DELEGATION AGAINST DELEGATOR

Answer 28

1. A PROMISOR/DELEGATOR RETAINS PRIMARY LIABILITY TO THE PROMISEE
2. UNLESS PROMISOR DELEGATOR GIVES DELAGATEE CONSIDERATION
3. FORMING A NEW CONTRACT WITH ORIGINAL PROMISEE AS A THIRD PARTY BENEFICIARY WITH FULL ENFORCEMENT RIGHTS

Question 29

2

DUTY OF CONFIDENTIALITY - ATTORNEY MAY NOT DISCLOSE CLIENT COMMUNICATIONS MADE DURING REPRESENATION THROUGHOUT IN THESE TIME PERIODS

Answer 29

1. DURING REPRESENTATION
2. AFTER REPRESENTATION

Question 30

1

NEW YORK TIMES BURDEN OF PROOF FOR DEFAMATION FOR A PUBLIC OFFICIAL

Answer 30

1. STATEMENT WAS MADE WITH ACTUAL MALICE

Question 31

3

LIABILITY FOR NEGLIGENCE PER SE ARISES WHERE DEFENDANT

Answer 31

1. BREACHES A DUTY CREATED BY STATUTE
2. STATUE ENACTED TO PROECT GROUP OF PEOPLE OF WHICH PLAINTIFF IS A MEMBER
3. STATUTE TO CREATED TO PREVENT TYPE OF INJURY PLAINTIFF SUFFERED

Question 32

1

MULTIPLE ACTS AND ACTUAL CAUSES - EACH DEFENDANT MUST SHOW

Answer 32

1. HIS NEGLIGENCE WAS NOT THE ACTUAL CAUSE OF THE INJURY

Question 33

1

CORPORATE BOARD OF DIRECTORS MAY DELEGATE AUTHORITY TO ACT TO COMMITTEE OR OFFICER WHERE THIS IS GIVEN

Answer 33

1. UNANIMOUS WRITTEN CONSENT OF DIRECTORS

Question 34

1

CAUSE OF ADMINISTRATIVE DISSOLUTION OF CORPORATION

Answer 34

1. SECRETARY OF STATE FORCES CORP TO DISSOLVE DUE TO ADMINISTRATIVE FAILURES

Question 35

2

OBJECTION - ARGUMENTATIVE IS USED WHEN QUESTION ASKED

Answer 35

1. ASKS FOR INFERENCES TO MADE FROM THE QUESTION
2. IN ORDER TO PERSUADE JUDGE OR JURY

Question 36

2

TRANSFERS OF STOCKS - RESTRICTIONS ON TRANSFERS WILL ONLY BE ENFORCED AGAINST THIRD PARTIES WHERE RESTRICTIONS

Answer 36

1. WERE CONSPICUOUSLY NOTED ON INSTRUMENT
2. OR PREEXISTING KNOWLEDGE OF RESTRICTION

Question 37

3

PROCEDURAL DUE PROCESS MINIMALLY REQUIRES THAT THE GOVERNMENT PROVIDE THE FOLLOWING BEFORE DEPRIVING AN INDIVIDUAL OF LIFE, LIBERTY OR PROPERTY

Answer 37

1. NOTICE
2. OPPORTUNITY TO BE HEARD
3. BEFORE A NEUTRAL DECISION MAKER

Answer 38

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.