DECK C (101-152) Flashcards
THE BASIC SOLICTATION RULE FOR ATTORNEY SOLICATION OF CLIENTS DOES NOT APPLY TO:
4
CORPORATION
- LEGAL ENTITY
- EXISTING SEPARATELY FROM OWNERS
- SHIELDS OWNERS FROM PERSONAL LIABILITY
- FOR CORPORATE ACTIONS
1
PIERCING CORPORATE VEIL - CONSEQUENCES OF PIERCE THE CORPORATE VEIL
- WRONGFUL CORPORATE ACTORS ARE HELD PERSONALLY LIABLE FOR THEIR ACTIONS.
4
SHAREHOLDER LAWSUIT -
REQUIREMENTS TO BRING A DERIVATIVE LAWSUIT
- MUST BE A SHAREHOLDER
- DEMAND MUST BE MADE TO DIRECTORS FOR REDRESS OF INJURY TO CORP
- DEMAND MUST BE REJECTED
- OR DEMAND MUST BE FUTILE
3
WHAT CONSITUTES “TRADING” FOR 16B
- PROFITABLE PURCHASE
- PROFITABLE SALE
- OF COMPANY EQUITY STOCK
2
LIMITED LIABILITY PARTNERSHIP
- TYPE OF PARTNERSHIP
- WHERE PARTNERS ARE NOT LIABLE FOR THE OBLIGATIONS OF THE PARTNERSHIP
2
COMMUNITY REAL PROPERTY - DISPOSAL AND CONTROL - CONVEYANCE OF REAL PROPERTY BY ONE SPOUSE TO 3RD PARTY
- CONVEYANCE OF REAL PROPERTY BY ONE SPOUSE TO A BFP PRESUMED VALID
- CAN BY VOIDED BY OTHER SPOUSE WITHIN ONE YEAR OF FILING THE INSTRUMENT OF CONVEYANCE
3
WHEN TO USE VAN CAMP AND PEREIRA FOR CP CONTRIBUTIONS TO SP BUSINESSES
- BUSINESS WAS OWNED PRIOR TO MARRIAGE
- BUSINESS WAS PURCHASED WITH SP DURING MARRIAGE
- BUSINESS WAS INHERITED DURING MARRIAGE
2
MANAGEMENT AND CONTROL OF COMMUNITY BUSINESS
- SPOUSE IN CHARGE OF BUSINESS MAY MAKE BUSINESS DECISIONS ALONE
- WRITTEN NOTICE MUST BE GIVEN TO OTHER SPOUSE WHEN DISPOSING ALL OR SUBSTANTIALLY ALL OF BUSINESS’ ASSETS
4
SPECIFIC GIFTS - SPECIAL RULES FOR STOCK
- STOCK SPLITS GO TO BENEFICIARY OF STOCK
- JURISDICTIONAL SPLIT ON STOCK DIVIDENDS
- COURT’S LOOK TO TESTATOR’S INTENT
- TESTATOR OWNERSHIP OF STOCK AT TIME OF DEATH USUALLY INDICATES INTENT TO BEQUEATH DIVIDENDS TO BENEFICIARY
2
STRICT PER STIRPES
- EQUAL DISTRIBUTION ON FIRST LEVEL
- FIRST LEVEL’S ISSUE TAKES STRICTLY BASED ON PARENT’S SHARE
3
REQUIREMENTS FOR LEGAL SUCCESSION RELATIONSHIP BETWEEN STEP OR FOSTER CHILDREN AND STEP OR FOSTER PARENT
- RELATIONSHIP BEGAN IN MINORITY
- CONTINUED THROUGHOUT PARTIES’ LIFETIMES
- LEGAL BARRIER PREVENTED ADOPTION
2
TOTTEN TRUST
- SETTLOR PLACES MONEY IN BANK ACCOUNT
- INSTRUCTS WHATEVER BALANCE REMAINS AT SETTLOR’S DEATH GOES TO BENEFICIARY
4
PERSONAL LIABILITY INCURRED WHEN TRUSTEE
- VIOLATES DUTIES
- COMMITS TORTS OR TRUSTEE’S AGENT COMMITS TORTS IN THE SCOPE OF SUPERVISION
- MAKES CONTRACTS IN THE SCOPE OF TRUST SUPERVISION,
- UNLESS THE SUBJECT CONTRACT STATES OTHERWISE
3
CHILDREN BORN OUTSIDE OF LEGALLY RECOGNIZED MARRIAGE CAN INHERIT FROM FATHER WHERE
1) SUBSEQUENT MARRIAGE OF PARENTS
2) ADJUDICATION OF PATERNITY DURING PARENTS’ LIFETIME
3) CLEAR AND CONVINCING EVIDENCE OF PATERNITY AFTER FATHER’S DEATH
2
NOMINAL DAMAGES AWARDED WHERE
- PLAINTIFF’S RIGHTS WERE VIOLATED
- BUT PLAINTIFF SUSTAINED NO MEASURABLE LOSS
1
MONEY RESTITUTION
- PLAINTIFF IS AWARDED MONETARY VALUE OF BENEFIT RECEIVED BY DEFENDANT
2
ENCROACHMENT
- TRESSPASS
- WHERE DEFENDANT’S STRUCTURE INVADES PLAINTIFF’S PROPERTY
3
QUERIES FOR PROPERTY ESSAYS
- PROPERTY ACQUISITON ISSUES?
- PROPERTY INTEREST ISSUES?
- PROPERTY LIMITATION ISSUES?
3
TENANCY AT SUFFERANCE
- CREATION BY: TENANT WRONGFULLY HOLDS OVER PAST EXPIRATION OF A VALID LEASE
- DURATION: ANY PERIOD OF TIME TENANT WRONGFULLY OCCUPIES
- TERMINATION NOTICE REQUIREMENT: N/A
4
LANDOWNER HAS A RIGHT TO USE AND POSSESSION OF THESE PHYSICAL AMENITIES OF HIS OWN PROPERTY
- AIRSPACE
- SURFACE
- SOIL
- LAND SUPPORT BY ADJOINING LAND
1
DEADLINE TO FILE ANSWER IN STATE COURT - CA
- 30 DAYS
3
CALIFORNIA JURY COMPOSITION
- NUMBER: 12, WITH ALTERNATES
- CHALLENGES FOR CAUSE: UNLIMITED FOR EACH PARTY
- PREEMPTORY CHALLENGES: SIX FOR EACH PARTY
3
CONGRESSIONAL POWER - COMMERCE CLAUSE GIVES AUTHORITY TO REGULATE THESE ACTIVITIES
- INTERSTATE ACTIVITY
- INTRASTATE COMMERCIAL ACTIVITY WHERE RATIONAL BASIS TO BELIEVE IMPACT ON IC
- INTRASTATE COMMERCIAL ACTIVITY WHERE RATIONAL BASIS TO BELIEVE CUMULATIVE IMPACT ON IC
2
SIXTH AMENDMENT RIGHT TO COUNSEL AND INTERROGATION FOR OTHER OFFENSES - INVOKING SIXTH AMENDMENT RIGHT TO COUNSEL
- POLICE MAY STILL INTERROGATE DEFENDANT
- ABOUT UNRELATED MATTERS
4
FACTORS CONSIDERED WHEN EVALUATING WHETHER BAIL IS EXCESSIVE
- SERIOUSNESS OF OFFENSE
- WEIGHT OF EVIDENCE AGAINST DEFENDATN
- DEFENDANT’S FINANCIAL ABILITIES
- DEFENDANT’S CHARACTER
1
VICTIM IMPACT STATEMENTS ARE NOT
- CRUEL AND UNUSUAL PUNISHMENT
1
SIXTH AMENDMENT RIGHT TO EFFECTIVE COUNSEL COMMENCES AT
- ANY POST CHARGE LINEUP OR SHOW-UP
1
UNDER THE CONFRONTATION CLAUSE, THE DEFENDANT IN A CRIMINAL CASE HAS A RIGHT TO
- CONFRONT ADVERSE WITNESSES
2
DEFENSE OF NECESSITY - TORT - DEFENDANT MAY RAISE DEFENSE OF NECESSITY WHERE HE
- REASONABLY BELIEVED HIS ACTIONS WERE NECESSAARY TO AVOID A GREATER HARM
- OR WAS THREATENED BY A PHSYICAL FORCE OF NATURE GREATER THAN THE HARM CAUSED BY HIS ACTS.
2
ACCESSORY AFTER THE FACT IS A PARTY WHO
- HELPS THE OFFENDER ESCAPE DETECTION, CAPTURE OR PUNISHMENT
- DESPITE KNOWLEDGE THAT OFFENDER HAS COMMITTED A CRIME.
2
EMBEZZLEMENT - IN SOME JURSIDICTIONS, THE FINDER OF LOST PROPERTY
- HOLDS IT IN A CONSTRUCTIVE TRUST FOR ITS RIGHTFUL OWNER
- MAKING A LATER TAKING AN EMBEZZLEMENT.
2
PARTY ADMISSION CAVEATS
- ADMISSION DOES NOT NEED TO BE AGAINST INTEREST AT THE TIME STATEMENT MADE.
- LACK OF PERSONAL KNOWLEDGE WILL NOT NECESSARILY EXCLUDE.
3
FORMER TESTIMONY EXCEPTION
- DECLARANT UNAVAILABLE
- FORMER TESTIMONY WAS GIVEN UNDER OATH
- WITH OPPORTUNITY TO X-EXAMINE.
1
STATEMENTS FOR MEDICAL DIAGNOSIS/TREATMENT HEARSAY EXCEPTION
- WHERE MADE TO ASSIST MEDICAL PERSONNEL WITH DIAGNOSIS OR TREATMENT
3
PRIOR INCONSISTENT STATEMENT AND HEARSAY
- PIS IS HEARSAY
- ADMISSIBLE WHEN USED TO IMPEACH
- NOT ADMISSIBLE AS SUBSTANTIVE PROOF OF THE MATTER.
2
CONTRACTS - WHERE THE DEFENDANT MAY RAISE THE DEFENSE OF FRAUDS
- WHERE HE WAS INDUCED TO ENTER THE CONTRACT THROUGH DELIBERATE CONCEALEMENT
- OR MISREPRESENTATION OF MATERIAL FACTS
2
WHEN DO THE RIGHTS OF THIRD PARTY INTENDED BENEFICIARIES VEST?
- WHEN THE INTENDED THIRD PARTY BENEFICIARY BECOMES AWARE OF THE CONTRACT
- AND ACTS IN RELIANCE ON THE SAME.
1
ASSIGNMENT FOR CONSIDERATION CREATES WHAT KIND OF CONTRACT?
- AN IRREVOCABLE LEGAL CONTRACT.
1
RATIFICATION OF CONTRACTS WHEN REACHING LEGAL AGE
- UPON REACHING LEGAL AGE A CONTRACT MAY RATIFIED AND MADE BINDING.
1
LIQUIDATED DAMAGE CLAUSES SPECIFY
- AN AMOUNT OF MONEY DAMAGES DUE IN THE EVENT OF BREACH
1
ATTORNEY’S DUTY OF HONESTY
- AN ATTORNEY MUST NOT COUNSEL HIS CLIENT TO COMMIT FRAUDULENT ACTS
3
REPRESENTATION OF CLIENT WHERE ATTORNEY IS LIKELY TO BE A NECESSARY WITNESS
- OK TO ADVOCATE FOR CLIENT UNTIL THE TRIAL
- AT TRIAL, FIRM ASSOCATIONS MAY ADVOCATE
- NOT ATTORNEY WITNESS
2
ABUSE OF PROCESS ARISES WHERE
- DEFENDANT BRINGS LEGAL ACTION AGAINST PLAINTIFF FOR IMPROPER PURPOSE
- OR OUT OF MALICE
2
PRESCRIBED LEGAL REMEDY FOR CONVERSION
- FORCED SALE OF CHATTEL TO DEFENDANT
- PLAINTIFF MAY ALSO ELECT TO “WAIVE THE TORT” AND SEEK RESITUTION AT EQUITY
2
POLICE OFFICER DEFENDANT MAY USE DEFENSE OF AUTHORITY OF LAW WHERE
- REASONABLE SUSPICION OF FELONY
- OR CRIME COMMITTED IN OFFICER’S PRESENCE
3
LEARNED INTERMEDIARY RULE
- MANUFACTURER WHO PROVIDES NECESSARY WARNINGS
- HAS FULFILLED DUTY OF CARE
- WHERE SUBSEQUENT LEARNED INTERMEDIARY DOES NOT IMPART WARNINGS TO PLAINTIFF
3
MBE MISSED - CONGRESS MAY DELEGATE ITS LEGISLATIVE POWERS WHERE IT
- ACTUALLY HAS THE POWER IT’S DELEGATING
- POWER IS DELEGABLE
- SETS ADEQUATE STANDARDS TO GOVERN THE EXERCISE OF THE POWER DELEGATED
2
NOTICE REQUIREMENT OF FEDERAL CLASS ACTION BASED ON QUESTIONS OF LAW COMMON TO CLASS PREDOMINATING QUESTIONS OF LAW COMMON TO INDIVIDUALS
- NOTICE MUST BE GIVEN TO EVERY CLASS MEMBER
- AND INCLUDE AN OPT OUT OPTION
1
MBE MISSED - JURY INSTRUCTIONS REGARDING JUDICIALLY NOTICED FACT IN A CRIMINAL CASE - JUDGE MAY ONLY INSTRUCT JURY THAT IT
- MAY OR MAY NOT FIND THE NOTICED FACT CONCLUSIVE.
2
REASONABLE SUSPICION FOR A TERRY STOP IS BASED ON
- SPECIFIC AND ARTICULABLE FACTS AND
- RATIONAL INFERENCES FROM THOSE FACTS
2
CONTRIBUTING MONEY OR SERVICES IN EXCHANGE FOR SHARE OF PROFIT OF A BUSINESS
- WILL ONLY CREATE A PRESUMPTION
- OF INTENT TO ACT AS CO-OWNERS OF A BUSINESS FOR PROFIT
