deck D (153-204) Flashcards
2
CORPORATE DIRECTORS AND OFFICERS BREACH THEIR FIDUCIARY DUTY OF LOYALTY AND CREATE A CONFLICTS OF INTEREST WHERE THEY
- USURP CORPORATE OPPORTUNITIES
- COMPETE WITH CORPORATION
4
ALLOWED SHAREHOLDER AGREEMENTS
- VOTING TRUST
- VOTING AGREEMENT
- MANAGEMENT AGREEMENT
- RESTRICTIONS ON STOCK TRANSFERS
3
FORMATION OF AGENCY RELATIONSHIP - ABC
- AGREEMENT BETWEEN PARTIES
- BENEFIT TO PRINCIPAL
- CONTROL OF AGENT’S CONDUCT BY PRINCIPAL
1
AGENT’S LINGERING APPARENT AUTHORITY AFTER PRINCIPAL-AGENT RELATIONSHIP TERMINATES APPLIES TO
- THIRD PARTIES AGENT HAS PREVIOUSLY TRANSACTED WITH
2
TO TRANSMUTE CP TO SP IN OR AFTER 1985, THE SPOUSE ADVERSELY AFFECTED MUST
- MAKE AN EXPRESS WRITTEN DECLARATION
- OF INTENT TO TRANSMUTE CP ASSET TO SP
3
SPECIAL CLASSIFICATIONS - DISABILITY
- IF INTENDED TO REPLACE SPOUSE’S INCOME AFTER DISABILITY - SP
- IF PURCHASED WITH COMMUNITY FUNDS AND INTENDED TO PROVIDE RETIREMENT BENEFITS - CP
- FOR DISTRIBUTION, CP UNTIL SEPARATION, AND THEN SP OF DISABLED SPOUSE
4
SPECIAL CLASSIFICATIONS - EDUCATION -
COMMUNITY REIMBURSED WHERE AND HOW ACCRUED
- COMMUNITY MATERIALLY CONTRIBUTED TO EDUCATION
- SUBSTANTIALLY ENHANCING EDUCATED SPOUSE’S EARNING POTENTIAL
- REIMBURSEMENT INCLUDES INTEREST
- ACCRUING FROM THE END OF CALENDAR YEAR CONTRIBUTION WAS MADE
2
COMMUNITY PROPERTY USED TO PAY PURCHASE PRICE OF SEPARATE PROPERTY -
FORMULA FOR FINDING COMMUNITY SHARE
- FIND COMMUNITY INTEREST
- MULTIPLY BY AMOUNT OF CAPITAL APPRECIATION
2
DISTRIBUTION OF COMMNITY ASSETS AT DEATH - GENERAL RULE
- ONE HALF CP AND QCP TO SURVIVING SPOUSE
- ONE HALF CP AND QCP TO ESTATE
3
TYPES OF FRAUD POSSIBLE DURING TESTAMENTARY PROCESS
- FRAUD IN THE EXECUTION
- FRAUD IN THE INDUCEMENT
- FRAUD PREVENTING REVOCATION
2
ALLOCATION OF TRUST ASSETS - TRUSTEE’S ALLOCATION POWERS - TRUSTEE CAN USE
- BEST JUDGMENT TO CHANGE ALLOCATION
- TO FOLLOW SETTLOR’S INTENT
3
A TRUSTEE MAY USE THE DEFENSE OF LACHES WHERE A BENEFICIARY
- DELAYED MAKING A CLAIM ON TRUST PROPERTY
- CAUSING PREJUDICE TO TRUSTEE OR OTHER BENEFICIARIES
3
ALLOWED INFERENCES OF PRESENT TESTAMENTARY INTENT
- SPECIFIC BEQUESTS
- SIGNATURES
- OTHER EXTRINSIC EVIDENCE
1
PRETERMITTED CHILD
- BORN AFTER EXECUTION OF WILL
4
DEFINITION OF INJUNCTION
- DECREE ORDERING A PARTY
- TO PERFORM
- OR REFRAIN FROM PERFORMING
- A CERTAIN ACT
5
PERMANENT LEGAL INJUNCTION REQUIRES A SHOWING OF
- LEGAL REMEDY INADEQUATE
- PROPERTY RIGHT INVOLVED /(MODERNLY PROTECTABLE INTEREST)
- FEASIBILITY OF ENFORCEMENT
- BALANCING OF HARDSHIPS IN FAVOR OF GRANTING
- NO AVAILABLE DEFENSES AGAINST GRANTING INJUNCTION
3
AMELIORATIVE WASTE
- PRESENT INTEREST HOLDER
- MAKES UNPERMITTED CHANGES TO PROPERTY
- IMPROVE ITS VALUE
3
INTENT REQUIREMENT FOR EFFECTIVE DELIVERY OF DEED - GRANTOR MUST MANIFEST
- ASCERTAINABLE INTENT TO MAKE DEED EFFECTIVE
- INTENT CAN BE INFERRED
- EVEN WHERE ACTUAL DELIVERY OF THE DOCUMENT ITSELF IS POSTPONED
1
REVERTER
- FUTURE INTEREST HELD BY THE GRANTOR
2
IMPLIED COVENANT OF QUIET ENJOYMENT IN A LEASE AGREEMENT
- LANDLORD OR HIS AGENTS WILL NOT INTERFERE
- WITH THE TENANT’S USE OR ENJOYMENT OF THE PRESMISES
1
NEGATIVE EASEMENT
- PROHIBITS AN OWNER FROM DOING SOMETHING ON HIS OWN LAND.
2
TRANSFER OF EASEMENTS - EASEMENT IN GROSS AND THE EASEMENT HOLDER
- IN GROSS AT COMMON LAW - NO TRANSFER
- IN GROSS MODERNLY - COMMERCIAL EASEMENTS TRANSFERRABLE.
2
FACTUAL REQUIREMENT FOR JOINING CLAIMS FOR SUPPLEMENTAL JURISDICTION
- CLAIMS MUST SHARE A COMMON NUCLEUS OF OPERATIVE FACT
- ARISING FROM THE SAME TRANSACTION OR OCCURRENCE.
4
FEDERAL JURY COMPOSITION
N,C,PC,V
- NUMBER: 6-12
- CHALLENGES FOR CAUSE: UNLIMITED FOR EACH SIDE
- PREEMPTORY CHALLENGES: THREE FOR EACH SIDE
- VERDICT REQUIRES: UNANIMOUS DECISION
5
MOTION FOR NEW TRIAL - GROUNDS
- PREJUDICIAL ERROR MAKING JUDGMENT UNFAIR
- NEW EVIDENCE PREVIOUSLY UNAVAILABLE DESPITE DUE DILIGENCE
- PREJUDICIAL MISCONDUCT
- JUDGMENT IS AGAINST WEIGHT OF THE EVIDENCE
- EXCESSIVE OR INADEQUATE DAMAGES
3
COLLATERAL ORDER DOCTRINE - TESTING ELIGIBILITY FOR INTERLOCUTORY APPEALS IN FEDERAL COURT
- OUTCOME OF CASE WILL BE CONCLUSIVELY DETERMINED BY THE ISSUE
- MATTER BEING APPEALED IS COLLATERAL TO THE MERITS
- MATTER WILL BE EFFECTIVELY UNREVIEWABLE IF IMMEDIATE APPEAL NOT ALLOWED.
2
CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATE LAW UNDULY BURDENS INTERSTATE COMMERCE WHERE
- BURDEN ON COMMERCE OUTWEIGHS
- LOCAL INTERESTS PROTECTED OR BENEFITTED BY LEGISLATION
4
PROCEDURAL DUE PROCESS - FAIR PROCESS FOR JUDICIAL MATTERS INCLUDES A RIGHT TO
- HEARING
- COUNSEL
- FAIR TRIAL
- APPEAL
3
UNDER THE INTERMEDIATE REVIEW STANDARD FOR CONTENT NEUTRAL SPEECH, THE REGULATION MUST BE
- NARROWLY TAILORED
- TO SERVE AN IMPORTANT GOVERNMENT INTEREST
- LEAVING ALTERNATIVE CHANNELS OF COMMUNICATION OPEN FOR SPEECH
2
COLLATERAL ESTOPPEL/ISSUE PRECLUSION IN FEDERAL COURTS IS DETERMINED BY THESE AUTHORITIES
- FEDERAL COMMON LAW
- STATE LAW WHERE COURT SITUATED.
2
SEARCH WARRANT - PROBABLE CAUSE EXISTS TO SEARCH WHERE ITEMS SEARCHED FOR ARE CONNECTED TO
- CRIMINAL ACTIVITY
- THE PREMISES TO BE SEARCHED.
3
WARRANT FORMALITY REQUIREMENTS - OFFICER SUBMITS
- AFFADAVIT
- WITH DESCRIPTION OF PARTICULARS OF PREMISES TO BE SEARCHED
- DESCRIPTIONS OF ITEMS TO BE SEIZED.
3
THESE ADMINISTRATIVE SEARCHES ARE NOT SUBJECT TO THE FOURTH AMENDMENT
- BOOKING SEARCHES
- SEARCHES DONE TO ENSURE SAFETY
- RECORDED INVENTORY OF SUSPECT’S PERSONAL ITEMS
1
DEFENSE OF INSANITY
- DEFENDANT MAY RAISE DEFENSE OF INSANITY TO NEGATE CRIMINAL INTENT
3
MPC INSANITY TEST - UNDER MODEL PENAL CODE, DEFENDANT MAY RAISE DEFENSE OF INSANITY WHERE
- DUE TO MENTAL DISEASE OR DEFECT
- HE LACKED SUBSTANTIAL CAPACITY TO RECOGNIZE CRIMINALITY OR CONDUCT
- OR CONFORM HIS CONDUCT TO THE LAW.
2
ACTUAL CAUSE - CRIMINAL LAW - ACTUAL CAUSE IS
- A CAUSAL ACT
- THAT BUT FOR ITS OCCURRENCE
- THE INJURY TO VICTIM WOULD NOT HAVE OCURRED.
2
STATE OF MIND EXCEPTION NOT ADMISSIBLE TO PROVE
- A FACT REMEMBERED OR BELIEVED
- UNLESS IT RELATES TO DECLARANT’S WILL
2
UCC 2-209 SOF AFFECT ON CONTRACT MODIFICATIONS
- MODFICATIONS OF CONTRACT FOR GOODS IN EXCESS OF 50 DOLLARS MUST BE MADE IN WRITING TO BE ENFORCEABLE AT LAW
- IF MODIFICATIONS AREN’T IN WRITING, THEY BECOME RETRACTABLE WAIVERS OF CONDITIONS
3
REMEDY OF NON-BREACHING SELLER OF REJECTED CONFORMING GOODS UNDER THE UCC
- AFTER NOTICE TO THE BREACHING BUYER
- MAY SALE THE GOODS AT A PUBLIC OR OR PRIVATE SALVAGE SALE
- DEMAND THE EXCESS OF THE CONTRACT PRICE OVER THE SALVAGE SALE PRICE FROM BREACHING BUYER
2
NONBREACHING BUYER’S REMEDY OPTIONS UNDER THE UCC
- REPUDIATE THE CONTRACT AND DEMAND COVER
- AFFIRM THE CONTRACT AND DEMAND CONFORMIGN GOODS.
1
INCIDENTAL DAMAGES ARE ONLY AVAILABLE FOR THESE KINDS OF CONTRACTS
- CONTRACTS FOR THE SALE OF GOODS
1
DUTY TO SEEK JUSTICE/NOT PURSUE CHARGES W/OUT PROBABLE CAUSE - PROSECUTOR MUST
- ONLY PROSECUTE CASES WHERE SUPPORTED BY PROBABLE CAUSE
1
NEGLIGENCE - BREACH OF DUTY OCCURS WHERE
- DEFENDANT FAILS TO EXERCISE THE SAME DEGREE OF CARE A REASONABLY PRUDENT PERSON WOULD USE IN THE SAME SITUATION.
2
DEFENDANT MAY USE THE DEFENSE OF CONSENT TO INTENTIONAL TORTS WHERE ACT COMMITTED WAS
- CONSENTED TO BY FULLY INFORMED PLAINTIFF WITH LEGAL CAPACITY
- DID NOT CAUSE SERIOUS BODILY HARM
4
LIABLITY ARISES FOR NEGLIGENT SUPERVISION WHERE DEFENDANT IS
- GUARDIAN OF A MINOR
- WITH AWARENESS OF MINOR’S TENDENCY TO CREATE AN UNREASONABLE RISK OF HARM TO OTHERS
- AND OPPORTUNITY TO CONTROL THE TENDENCY
- CAUSING PLAINTIFF INJURY
2
UNDER THE BEST EVIDENCE RULE, ORAL TESTIMONY IS OK TO PROVE CONTENTS OF A WRITING ONLY WHERE ORIGINAL WRITING WAS
- LOST OR
- DESTROYED
1
EVIDENCE - CRIMINAL - FOR CHARATER EVIDENCE TO BE ADMISSIBLE, IT MUST ALWAYS BE
- PERTINENT TO THE CASE
2
EVIDENCE - CRIMINAL - CEC - THE PROSECUTION CAN INTRODUCT INSTANCES OF THESE FORMER CRIMES TO SHOW CONDUCT IN CONFORMITY -
- DOMESTIC VIOLENCE
- ELDER ABUSE
1
THE DURATION OF A TENANCY AT SUFFERANCE IS
- ANY PERIOD OF TIME TENANT WRONGFULLY OCCUPIES
3
A PRETERMITTED CHILD WILL RECEIVE AN INTESTATE SHARE OF DECEASED PARENT’S ESTATE UNLESS
- TESTATOR HAD OTHER CHILDREN AND LEFT ESTATE TO PARENT OF PRETERMITTED CHILD
- OR LEAVES SUBSTANTIALLY ALL OF ESTATE TO SS WHO IS CHILD’S PARENT
- OR INTENTIONALLY OMITTED ON FACE OF WILL
