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CA Bar Outlined and Numbered (with prompts) > deck D (153-204) > Flashcards

deck D (153-204) Flashcards

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1
Q

2

CORPORATE DIRECTORS AND OFFICERS BREACH THEIR FIDUCIARY DUTY OF LOYALTY AND CREATE A CONFLICTS OF INTEREST WHERE THEY

A
  1. USURP CORPORATE OPPORTUNITIES
  2. COMPETE WITH CORPORATION
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2
Q

4

ALLOWED SHAREHOLDER AGREEMENTS

A
  1. VOTING TRUST
  2. VOTING AGREEMENT
  3. MANAGEMENT AGREEMENT
  4. RESTRICTIONS ON STOCK TRANSFERS
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3
Q

3

FORMATION OF AGENCY RELATIONSHIP - ABC

A
  1. AGREEMENT BETWEEN PARTIES
  2. BENEFIT TO PRINCIPAL
  3. CONTROL OF AGENT’S CONDUCT BY PRINCIPAL
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4
Q

1

AGENT’S LINGERING APPARENT AUTHORITY AFTER PRINCIPAL-AGENT RELATIONSHIP TERMINATES APPLIES TO

A
  1. THIRD PARTIES AGENT HAS PREVIOUSLY TRANSACTED WITH
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5
Q

2

TO TRANSMUTE CP TO SP IN OR AFTER 1985, THE SPOUSE ADVERSELY AFFECTED MUST

A
  1. MAKE AN EXPRESS WRITTEN DECLARATION
  2. OF INTENT TO TRANSMUTE CP ASSET TO SP
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6
Q

3

SPECIAL CLASSIFICATIONS - DISABILITY

A
  1. IF INTENDED TO REPLACE SPOUSE’S INCOME AFTER DISABILITY - SP
  2. IF PURCHASED WITH COMMUNITY FUNDS AND INTENDED TO PROVIDE RETIREMENT BENEFITS - CP
  3. FOR DISTRIBUTION, CP UNTIL SEPARATION, AND THEN SP OF DISABLED SPOUSE
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7
Q

4

SPECIAL CLASSIFICATIONS - EDUCATION -

COMMUNITY REIMBURSED WHERE AND HOW ACCRUED

A
  1. COMMUNITY MATERIALLY CONTRIBUTED TO EDUCATION
  2. SUBSTANTIALLY ENHANCING EDUCATED SPOUSE’S EARNING POTENTIAL
  3. REIMBURSEMENT INCLUDES INTEREST
  4. ACCRUING FROM THE END OF CALENDAR YEAR CONTRIBUTION WAS MADE
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8
Q

2

COMMUNITY PROPERTY USED TO PAY PURCHASE PRICE OF SEPARATE PROPERTY -

FORMULA FOR FINDING COMMUNITY SHARE

A
  1. FIND COMMUNITY INTEREST
  2. MULTIPLY BY AMOUNT OF CAPITAL APPRECIATION
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9
Q

2

DISTRIBUTION OF COMMNITY ASSETS AT DEATH - GENERAL RULE

A
  1. ONE HALF CP AND QCP TO SURVIVING SPOUSE
  2. ONE HALF CP AND QCP TO ESTATE
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10
Q

3

TYPES OF FRAUD POSSIBLE DURING TESTAMENTARY PROCESS

A
  1. FRAUD IN THE EXECUTION
  2. FRAUD IN THE INDUCEMENT
  3. FRAUD PREVENTING REVOCATION
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11
Q

2

ALLOCATION OF TRUST ASSETS - TRUSTEE’S ALLOCATION POWERS - TRUSTEE CAN USE

A
  1. BEST JUDGMENT TO CHANGE ALLOCATION
  2. TO FOLLOW SETTLOR’S INTENT
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12
Q

3

A TRUSTEE MAY USE THE DEFENSE OF LACHES WHERE A BENEFICIARY

A
  1. DELAYED MAKING A CLAIM ON TRUST PROPERTY
  2. CAUSING PREJUDICE TO TRUSTEE OR OTHER BENEFICIARIES
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13
Q

3

ALLOWED INFERENCES OF PRESENT TESTAMENTARY INTENT

A
  1. SPECIFIC BEQUESTS
  2. SIGNATURES
  3. OTHER EXTRINSIC EVIDENCE
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14
Q

1

PRETERMITTED CHILD

A
  1. BORN AFTER EXECUTION OF WILL
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15
Q

4

DEFINITION OF INJUNCTION

A
  1. DECREE ORDERING A PARTY
  2. TO PERFORM
  3. OR REFRAIN FROM PERFORMING
  4. A CERTAIN ACT
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16
Q

5

PERMANENT LEGAL INJUNCTION REQUIRES A SHOWING OF

A
  1. LEGAL REMEDY INADEQUATE
  2. PROPERTY RIGHT INVOLVED /(MODERNLY PROTECTABLE INTEREST)
  3. FEASIBILITY OF ENFORCEMENT
  4. BALANCING OF HARDSHIPS IN FAVOR OF GRANTING
  5. NO AVAILABLE DEFENSES AGAINST GRANTING INJUNCTION
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17
Q

3

AMELIORATIVE WASTE

A
  1. PRESENT INTEREST HOLDER
  2. MAKES UNPERMITTED CHANGES TO PROPERTY
  3. IMPROVE ITS VALUE
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18
Q

3

INTENT REQUIREMENT FOR EFFECTIVE DELIVERY OF DEED - GRANTOR MUST MANIFEST

A
  1. ASCERTAINABLE INTENT TO MAKE DEED EFFECTIVE
  2. INTENT CAN BE INFERRED
  3. EVEN WHERE ACTUAL DELIVERY OF THE DOCUMENT ITSELF IS POSTPONED
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19
Q

1

REVERTER

A
  1. FUTURE INTEREST HELD BY THE GRANTOR
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20
Q

2

IMPLIED COVENANT OF QUIET ENJOYMENT IN A LEASE AGREEMENT

A
  1. LANDLORD OR HIS AGENTS WILL NOT INTERFERE
  2. WITH THE TENANT’S USE OR ENJOYMENT OF THE PRESMISES
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21
Q

1

NEGATIVE EASEMENT

A
  1. PROHIBITS AN OWNER FROM DOING SOMETHING ON HIS OWN LAND.
22
Q

2

TRANSFER OF EASEMENTS - EASEMENT IN GROSS AND THE EASEMENT HOLDER

A
  1. IN GROSS AT COMMON LAW - NO TRANSFER
  2. IN GROSS MODERNLY - COMMERCIAL EASEMENTS TRANSFERRABLE.
23
Q

2

FACTUAL REQUIREMENT FOR JOINING CLAIMS FOR SUPPLEMENTAL JURISDICTION

A
  1. CLAIMS MUST SHARE A COMMON NUCLEUS OF OPERATIVE FACT
  2. ARISING FROM THE SAME TRANSACTION OR OCCURRENCE.
24
Q

4

FEDERAL JURY COMPOSITION

N,C,PC,V

A
  1. NUMBER: 6-12
  2. CHALLENGES FOR CAUSE: UNLIMITED FOR EACH SIDE
  3. PREEMPTORY CHALLENGES: THREE FOR EACH SIDE
  4. VERDICT REQUIRES: UNANIMOUS DECISION
25
Q

5

MOTION FOR NEW TRIAL - GROUNDS

A
  1. PREJUDICIAL ERROR MAKING JUDGMENT UNFAIR
  2. NEW EVIDENCE PREVIOUSLY UNAVAILABLE DESPITE DUE DILIGENCE
  3. PREJUDICIAL MISCONDUCT
  4. JUDGMENT IS AGAINST WEIGHT OF THE EVIDENCE
  5. EXCESSIVE OR INADEQUATE DAMAGES
26
Q

3

COLLATERAL ORDER DOCTRINE - TESTING ELIGIBILITY FOR INTERLOCUTORY APPEALS IN FEDERAL COURT

A
  1. OUTCOME OF CASE WILL BE CONCLUSIVELY DETERMINED BY THE ISSUE
  2. MATTER BEING APPEALED IS COLLATERAL TO THE MERITS
  3. MATTER WILL BE EFFECTIVELY UNREVIEWABLE IF IMMEDIATE APPEAL NOT ALLOWED.
27
Q

2

CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATE LAW UNDULY BURDENS INTERSTATE COMMERCE WHERE

A
  1. BURDEN ON COMMERCE OUTWEIGHS
  2. LOCAL INTERESTS PROTECTED OR BENEFITTED BY LEGISLATION
28
Q

4

PROCEDURAL DUE PROCESS - FAIR PROCESS FOR JUDICIAL MATTERS INCLUDES A RIGHT TO

A
  1. HEARING
  2. COUNSEL
  3. FAIR TRIAL
  4. APPEAL
29
Q

3

UNDER THE INTERMEDIATE REVIEW STANDARD FOR CONTENT NEUTRAL SPEECH, THE REGULATION MUST BE

A
  1. NARROWLY TAILORED
  2. TO SERVE AN IMPORTANT GOVERNMENT INTEREST
  3. LEAVING ALTERNATIVE CHANNELS OF COMMUNICATION OPEN FOR SPEECH
30
Q

2

COLLATERAL ESTOPPEL/ISSUE PRECLUSION IN FEDERAL COURTS IS DETERMINED BY THESE AUTHORITIES

A
  1. FEDERAL COMMON LAW
  2. STATE LAW WHERE COURT SITUATED.
31
Q

2

SEARCH WARRANT - PROBABLE CAUSE EXISTS TO SEARCH WHERE ITEMS SEARCHED FOR ARE CONNECTED TO

A
  1. CRIMINAL ACTIVITY
  2. THE PREMISES TO BE SEARCHED.
32
Q

3

WARRANT FORMALITY REQUIREMENTS - OFFICER SUBMITS

A
  1. AFFADAVIT
  2. WITH DESCRIPTION OF PARTICULARS OF PREMISES TO BE SEARCHED
  3. DESCRIPTIONS OF ITEMS TO BE SEIZED.
33
Q

3

THESE ADMINISTRATIVE SEARCHES ARE NOT SUBJECT TO THE FOURTH AMENDMENT

A
  1. BOOKING SEARCHES
  2. SEARCHES DONE TO ENSURE SAFETY
  3. RECORDED INVENTORY OF SUSPECT’S PERSONAL ITEMS
34
Q

1

DEFENSE OF INSANITY

A
  1. DEFENDANT MAY RAISE DEFENSE OF INSANITY TO NEGATE CRIMINAL INTENT
35
Q

3

MPC INSANITY TEST - UNDER MODEL PENAL CODE, DEFENDANT MAY RAISE DEFENSE OF INSANITY WHERE

A
  1. DUE TO MENTAL DISEASE OR DEFECT
  2. HE LACKED SUBSTANTIAL CAPACITY TO RECOGNIZE CRIMINALITY OR CONDUCT
  3. OR CONFORM HIS CONDUCT TO THE LAW.
36
Q

2

ACTUAL CAUSE - CRIMINAL LAW - ACTUAL CAUSE IS

A
  1. A CAUSAL ACT
  2. THAT BUT FOR ITS OCCURRENCE
  3. THE INJURY TO VICTIM WOULD NOT HAVE OCURRED.
37
Q

2

STATE OF MIND EXCEPTION NOT ADMISSIBLE TO PROVE

A
  1. A FACT REMEMBERED OR BELIEVED
  2. UNLESS IT RELATES TO DECLARANT’S WILL
38
Q

2

UCC 2-209 SOF AFFECT ON CONTRACT MODIFICATIONS

A
  1. MODFICATIONS OF CONTRACT FOR GOODS IN EXCESS OF 50 DOLLARS MUST BE MADE IN WRITING TO BE ENFORCEABLE AT LAW
  2. IF MODIFICATIONS AREN’T IN WRITING, THEY BECOME RETRACTABLE WAIVERS OF CONDITIONS
39
Q

3

REMEDY OF NON-BREACHING SELLER OF REJECTED CONFORMING GOODS UNDER THE UCC

A
  1. AFTER NOTICE TO THE BREACHING BUYER
  2. MAY SALE THE GOODS AT A PUBLIC OR OR PRIVATE SALVAGE SALE
  3. DEMAND THE EXCESS OF THE CONTRACT PRICE OVER THE SALVAGE SALE PRICE FROM BREACHING BUYER
40
Q

2

NONBREACHING BUYER’S REMEDY OPTIONS UNDER THE UCC

A
  1. REPUDIATE THE CONTRACT AND DEMAND COVER
  2. AFFIRM THE CONTRACT AND DEMAND CONFORMIGN GOODS.
41
Q

1

INCIDENTAL DAMAGES ARE ONLY AVAILABLE FOR THESE KINDS OF CONTRACTS

A
  1. CONTRACTS FOR THE SALE OF GOODS
42
Q

1

DUTY TO SEEK JUSTICE/NOT PURSUE CHARGES W/OUT PROBABLE CAUSE - PROSECUTOR MUST

A
  1. ONLY PROSECUTE CASES WHERE SUPPORTED BY PROBABLE CAUSE
43
Q

1

NEGLIGENCE - BREACH OF DUTY OCCURS WHERE

A
  1. DEFENDANT FAILS TO EXERCISE THE SAME DEGREE OF CARE A REASONABLY PRUDENT PERSON WOULD USE IN THE SAME SITUATION.
44
Q

2

DEFENDANT MAY USE THE DEFENSE OF CONSENT TO INTENTIONAL TORTS WHERE ACT COMMITTED WAS

A
  1. CONSENTED TO BY FULLY INFORMED PLAINTIFF WITH LEGAL CAPACITY
  2. DID NOT CAUSE SERIOUS BODILY HARM
45
Q

4

LIABLITY ARISES FOR NEGLIGENT SUPERVISION WHERE DEFENDANT IS

A
  1. GUARDIAN OF A MINOR
  2. WITH AWARENESS OF MINOR’S TENDENCY TO CREATE AN UNREASONABLE RISK OF HARM TO OTHERS
  3. AND OPPORTUNITY TO CONTROL THE TENDENCY
  4. CAUSING PLAINTIFF INJURY
46
Q

2

UNDER THE BEST EVIDENCE RULE, ORAL TESTIMONY IS OK TO PROVE CONTENTS OF A WRITING ONLY WHERE ORIGINAL WRITING WAS

A
  1. LOST OR
  2. DESTROYED
47
Q

1

EVIDENCE - CRIMINAL - FOR CHARATER EVIDENCE TO BE ADMISSIBLE, IT MUST ALWAYS BE

A
  1. PERTINENT TO THE CASE
48
Q

2

EVIDENCE - CRIMINAL - CEC - THE PROSECUTION CAN INTRODUCT INSTANCES OF THESE FORMER CRIMES TO SHOW CONDUCT IN CONFORMITY -

A
  1. DOMESTIC VIOLENCE
  2. ELDER ABUSE
49
Q

1

THE DURATION OF A TENANCY AT SUFFERANCE IS

A
  1. ANY PERIOD OF TIME TENANT WRONGFULLY OCCUPIES
50
Q

3

A PRETERMITTED CHILD WILL RECEIVE AN INTESTATE SHARE OF DECEASED PARENT’S ESTATE UNLESS

A
  1. TESTATOR HAD OTHER CHILDREN AND LEFT ESTATE TO PARENT OF PRETERMITTED CHILD
  2. OR LEAVES SUBSTANTIALLY ALL OF ESTATE TO SS WHO IS CHILD’S PARENT
  3. OR INTENTIONALLY OMITTED ON FACE OF WILL

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

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