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CA Bar Outlined and Numbered (with prompts) > deck B (51-100) > Flashcards

deck B (51-100) Flashcards

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MBE flashcards
1
Q
A
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2
Q

3

ULTRA VIRES ACTS

A
  1. ACTS OUTSIDE THE CORPORATION’S REGISTERED PURPOSE
  2. MODERNLY, GENERALLY NOT ENFORCEABLE
  3. SHAREHOLDER MAY ENJOIN (FACT PATTERN REALITY)
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3
Q

4

WHO ARE CORPORATE INSIDERS?

A
  1. OFFICERS
  2. DIRECTORS
  3. SHAREHOLDERS
  4. THOSE WITH MATERIAL, CONFIDENTIAL INFORMATION ABOUT CORPORATION.
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4
Q

3

TIPPEES ARE LIABLE WHERE TIPEE

A
  1. HAD SCIENTER
  2. KNEW TIPPER BREACHED FIDUCIARY DUTY
  3. AND TRADED ON INFORMATION ANYWAY
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5
Q

2

SARBANES-OXLEY ACT - THE PCOAB IS

A
  1. AN INDEPENDENT BOARD
  2. OVERSEEING PUBLIC ACCOUNTING FIRMS
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6
Q

3

AFTER BOARD ADOPTS A RESOLUTION TO MAKE FUNDAMENTAL STRUCTURE CHANGE OF CORP, THE PROCESS OF SHAREHOLDER APPROVAL OF CHANGE IS ACCOMPLISHED BY

A
  1. WRITTEN NOTICE TO SHAREHOLDERS OF PROPOSED RESOLUTION
  2. SHAREHOLDERS APPROVE BY A MAJORITY OF ALL VOTES ENTITLED TO BE CAST
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7
Q

3

AGENT MAY BE PERSONALLY LIABLE WHERE AGENT

A
  1. ACTS W/NO AUTHORITY
  2. DOESN’T DISCLOSE PRINCIPAL’S IDENTITY (PLAINTIFF HAS RIGHT OF ELECTION)
  3. DOESN’T DISCLOSE EXISTENCE OF A PRINCIPAL OR PRINCIPAL’S IDENTITY (PLAINTIFF HAS RIGHT OF ELECTION)
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8
Q

3

(CORPORATIONS) SECURITY INSTRUMENT IS A

A
  1. FINANCIAL INTEREST
  2. IN PROFITS
  3. MADE BY THE ACTS OF OTHERS
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9
Q

1

SOCKS

A

ARE GOOD FOR YOUR FEET

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10
Q

2

RECOGNIZING MARRIAGES FROM OTHER JURISDICTIONS

A
  1. CA WILL RECOGNIZE MARRIAGE
  2. WHERE MARRIAGE IS VALID IN THE JURISDICTION OF ORIGIN
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11
Q

2

EARNINGS AND ACCUMULATIONS ARE DEEMED SEPARATE PROPERTY WHERE

A
  1. LIVING APART AND SEPARATE FROM OTHER SPOUSE WITH NO CHILDREN
  2. LEGAL SEPARATION
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12
Q

3

FIDUCIARY DUTIES OWED BY SPOUSES - FULL DISCLOSURE OF MATERIAL FACTS - WHAT SPOUSES MUST DISCLOSE AND DO

A
  1. COMMUNITY ASSETS
  2. COMMUNITY DEBTS
  3. PROVIDE EQUAL ACCESS TO THIS INFORMATION
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13
Q

2

DISTRIBUTION OF ASSETS AT DIVORCE - REAL PROPERTY OUTSIDE OF CALIFORNIA - COURT MAY

A
  1. REQUIRE CONVEYANCE REAL PROPERTY OR
  2. AWARD EQUIVALENT MONEY VALUE OF REAL PROPERTY TO SPOUSE WHO WOULD HAVE BENEFITTED FROM CONVEYANCE
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14
Q

3

TRANSMUTATIONS MADE ON OR AFTER 1985

A
  1. AN EXPRESS DECLARATION
  2. BY SPOUSE ADVERSELY AFFECTED
  3. MADE IN WRITING
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15
Q

1

MY DOG HAS

A
  1. FLEAS
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16
Q

2

APPRECIATION OF COMMUNITY BUSINESS AFTER SEPARATION -

REVERSE VAN CAMP ELEMENTS

A
  1. MANAGING PARTNER CONTINUES TO WORK AT COMMUNITY BUSINESS
  2. CHARACTER OF BUSINESS CAUSES APPRECIATION
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17
Q

4

UNDUE INFLUENCE TRIGGERS - TESTATOR EXECUTES A WILL AND

A
  1. LEAVES UNNATURAL DISPOSITION OF PROPERTY
  2. BENEFICIARIES OF DISPOSITION HAD AN OPPORTUNITY TO INFLUENCE AND
  3. TESTATOR WAS SUSCEPTIBLE TO INFLUENCE AND
  4. BENEFICIARIES WERE ACTIVE IN PROCURRING DISPOSITION
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18
Q

5

METHODS OF CREATING A TRUST

A
  1. DECLARATION BY PROPERTY OWNER THAT HE HOLDS PROPERTY AS TRUSTEE
  2. TRANSFER OF PROPERTY DURING OWNER’S LIFETIME TO A TRUSTEE
  3. TESTAMENTARY TRANSFER OF PROPERTY TO A TRUST
  4. EXERCISE OF POWER OF APPOINTEMENT TO APPOINT ANOTHER TRUSTEE
  5. CONTRACT TO CREATE A TRUST
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19
Q

4

21 YEAR TERM LIMIT FOR TRUSTEE

A
  1. TRUSTEE MAY ONLY SERVE FOR 21 YEARS AFTER SETTLORS DEATH
  2. REGARDLESS OF TRUST TERMS
  3. FOR NONCHARITABLE TRUST
  4. OR TRUST FOR UNINCORPORATED SOCIETY
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20
Q

2

INCOME AND LIABILITES ARISING FROM TRUST ASSETS - BENEFICIARIES

A
  1. BENEFICIARIES MAY RECEIVE INTEREST INCOME FROM ASSETS
  2. RESPONSIBLE FOR PAYING INTEREST ON LOAN DEBT, TAXES OR FOR MINOR REPAIRS
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21
Q

2

EQUITABLE DEFENSES - UNCLEAN HANDS MAY BE RAISED WHERE

A
  1. PLAINTIFF CONDUCTED HERSELF UNFAIRLY
  2. IN THE DISPUTED TRANSACTION
22
Q

1

DESTRUCTIBILITY OF CONTINGENT REMAINDERS AT COMMON LAW

A
  1. WHERE REMAINDER WAS STILL CONTINGENT AT END OF PRECEEDING ESTATE, REMAINDER WAS DESTROYED.
23
Q

2

TENANCY AT WILL - TENANCY IS CREATED BY

A
  1. EXPRESS AGREEMENT
  2. OR IMPLIED BY NO SIGNED LEASE AGREEMENT IN SOME JX.
24
Q

5

TYPES OF EASEMENT CREATION

A
  1. EXPRESS CREATION
  2. CREATION BY IMPLICATION
  3. CREATION BY NECESSITY
  4. CREATION BY PRESCRIPTION
  5. CREATION BY ESTOPPEL
25
Q

3

EASEMENT BY ESTOPPEL

A
  1. HOLDER OF SERVIENT PARCEL ALLOWS USE
  2. THAT CAUSES HOLDER OF DOMINANT PARCEL TO SUBSTANTIALLY CHANGE HIS POSITION
  3. IN REASONABLE RELIANCE THAT ALLOWANCE WOULD NOT BE REVOKED.
26
Q

2

TRANSFER OF EASEMENTS - SERVIENT ESTATE

A
  1. RUNS WITH THE LAND
  2. UNLESS BFP TOOK FOR VALUE WITH NO NOTICE
27
Q

2

DEADLINE TO FILE ANSWER TO FEDERAL CIVIL COMPLAINT

A
  1. 21 DAYS OR
  2. 60 DAYS IF SERVICE OF PROCESS WAIVED.
28
Q

2

AMENDMENT OF INITIAL PLEADINGS (PLAINTIFF AND DEFENDANT)- FEDERAL COURT

A
  1. PLAINTIFF MAY AMEND ONCE BEFORE DEFENDANT’S RESPONSE
  2. DEFENDANT MAY AMEND ANSWER ONCE W/IN 21 DAYS OF SERVING ANSWER.
29
Q

2

CA NOTICE AND SERVICE REQUIREMENNTS FOR CLASS ACTION

A
  1. INDIVIDUAL NOTICE NOT REQUIRED
  2. PUBLICATION IS FINE FOR SERVICE
30
Q

4

RULE 26 INITIAL DISCLOSURES OF FACT REQUIREMENTS

(PIED)

A
  1. IDENTIFIES PARTIES LIKELY TO HAVE INFORMATION ABOUT DISCOVERABLE FACTS
  2. INSURANCE INFORMATION
  3. COPIES OR DESCRIPTIONS OF TANGIBLE EVIDENCE
  4. DAMAGES COMPUTATION AND SUPPORTING DOCUMENTS
31
Q

2

CALIFORNIA ALLOWS INTERVENTION WHERE THE PARTY HAS

A
  1. DIRECT INVOLVEMENT WITH ISSUE IN DISPUTE IN CASE
  2. BUT NOT IF PARTY HAS MERELY CONSEQUENTIAL INVOLVEMENT WITH ISSUE IN DISPUTE IN CASE.
32
Q

2

MOTION FOR SUMMARY JUDGMENT ELEMENTS

A
  1. PARTY ESTABLISHES NO TRIABLE ISSUE OF MATERIAL FACT
  2. SO HE IS ENTITLED TO JUDGMENT AS A MATTER OF LAW
33
Q

2

TIMELINESS - MOOTNESS EXCEPTIONS

A
  1. UNLESS CAPABLE OF REPITITION YET EVADING REVIEW
  2. VOLUNTARY CESSATION BY DEFENDANT WHO COULD RESUME INJURIOUS ACTIVITY
34
Q

2

EXECUTIVE POWERS - LIMITATIONS ON EXECUTIVE ORDERS

A
  1. NOT WHERE IN CONFLICT WITH FEDERAL STATUTE
  2. NOT WHERE IN CONFLICT WITH U.S. CONSTITUTION
35
Q

2

SIXTH AMENDMENT RIGHT TO EFFECTIVE COUNSEL DOESN’T APPLY AT

A
  1. PHOTO IDENTIFICATIONS
  2. TAKING PHYSICAL EVIDENCE
36
Q

3

UNDER THE M’NAUGHTEN RULE, THE DEFENDANT MAY RAISE THE DEFENSE OF INSANITY WHERE

A
  1. DUE TO DISEASE OR DEFECT OF MIND
  2. HE LACKED ABILITY TO RECOGNIZE THE NATURE OR QUALITY OF HIS ACTIONS
  3. OR THAT HIS ACTIONS WERE WRONG.
37
Q

1

REQUIREMENT FOR CONSIDERATION FOR MODFICATION UNDER COMMON LAW

A
  1. AT COMMON LAW, A MODFICATION OF CONTRACT MUST BE SUPPORTED BY CONSIDERATION TO BE BINDING AT LAW.
38
Q

2

WAIVER OF CONDITION OCCURS WHEN

A
  1. A CONDITION PRECEDENT FAILS
  2. BUT PROMISOR PERFORMS CONTRACT DUTY ANYWAY
39
Q

1

WRITING REQUIREMENT FOR FEES - ABA

A
  1. FEE AGREEMENT MUST BE IN WRITING
40
Q

3

CA - REQUIREMENTS FOR LAWYERTO ABIDE BY CLIENT’S DECISIONS

A
  1. NOT OBLIGATED TO ABIDE BY CLIENT’S DECISIONS
  2. BUT MUST COMMUNICATE PLEA BARGAIN OR SETTLEMENT OFFER
  3. KEEP CLIENT REASONABLY INFORMED ABOUT SIGNFICANT DEVELOPMENTS
41
Q

1

CRIMINAL PROSECUTOR MUST HAVE THIS BASIS TO BRING CRIMINAL CHARGES

A
  1. PROBABLE CAUSE
42
Q

1

THE CALIFORNIA BAR REQUIRES ALL ATTORNEYS GIVE THIS LEVEL OF NOTICE TO CLIENTS WITH POTENTIAL COIS

A
  1. WRITTEN NOTICE
43
Q

3

ATTORNEY SOLICITATION - ATTORNEY MAY NOT SOLICIT INDIVIDUALS TO ENGAGE REPRESENTATION BY THESE METHODS

A
  1. IN PERSON
  2. LIVE ON TELEPHONE
  3. WHERE NO FAMILIAL, CLOSE PERSONAL OR PROFESSIONAL RELATIONSHIP EXISTS.
44
Q

2

A PROSECUTOR HAS PROBABLE CAUSE WHERE

A
  1. FACTS KNOWN TO PROSECUTOR ARE SUFFICIENT TO A ALLOW A REASONABLE PERSON IN A SIMILAR POSITION
  2. TO SERIOUSLY ENTERTAIN THE POSSIBILITY THAT DEFENDANT IS GUILTY OF THE CRIME CHARGED.
45
Q

1

REPRESENTATION OF A CLIENT IN AN ACTION AGAINST A FORMER CLIENT IS OK WHERE

A
  1. NO MATTERS IN PRESENT CASE ARE RELEVANT TO PREVIOUS CASE
46
Q

2

A DEFENDANT MAY RAISE THE DEFENSE OF PRIVATE NECESSITY WHERE HE ACTED TO PROTECT HIS OWN PROPERTY WHERE

A
  1. HE ACTED REASONABLY
  2. BUT WILL BE LIABLE FOR ALL DAMAGE CAUSED
47
Q

7

DEFENSES TO INTENTIONAL TORTS - CORN PADS

A
  1. CONSENT
  2. OTHERS DEFENSE
  3. NECESSITY
  4. PRIVILEGE
  5. ARREST
  6. DISCIPLINE
  7. SELF-DEFENSE
48
Q

3

NEGLIGENT ENTRUSTMENT- LIABILITY ARISES WHERE DEFENDANT

A
  1. KNOWS OR SHOULD KNOW 3RD PARTY IS UNFIT TO USE A RESOURCES
  2. ENTRUSTS 3RD PARTY WITH RESOURCE ANYWAY
  3. 3RD PARTY’S LACK OF FITNESS PROXIMATELY AND ACTUALLY CAUSES PLAINTIFF INJURY
49
Q

2

SHAREHOLDER DERIVATIVE LAWSUIT - RECOVERY GOES TO

A
  1. CORPORATION
  2. SHAREHOLDER IS PAID FOR HIS ATTORNEY’S FEES
50
Q

1

DEMONSTRATIVE EVIDENCE MUST BE

A
  1. A FAIR REPRESENTATION OF WHAT IS BEING DEMONSTRATED

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

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