DECK E (205-256) Flashcards
3
DIVIDENDS MAY ONLY BE GIVEN WHERE
- BOARD DIRECTS
- ALLOWED BY ARTICLES
- DOES NOT CAUSE INSOLVENCY
2
PERMANENT SEPARATION OCCURS WHEN
- COUPLE PHYSICALLY SEPARATES
- AND AT LEAST ONE OF THE SPOUSES INTENDS FOR SEPARATION TO BE PERMANENT
3
COMMUNITY PROPERTY USED TO MAKE PAYMENTS ON SEPARATE PROPERTY -
MARRIAGE OF MOORE FORMULA FOR FINDING COMMUNITY INTEREST
- AMOUNT COMMUNITY PAID DOWN PRINCIPAL
- DIVIDED BY THE TOTAL LOAN AMOUNT
- RESULT IS COMMUNITY’S SHARE
2
PUTATIVE SPOUSES OCCUR WHEN
- MARRIAGE IS VOID OR INVALID
- BUT ONE OR BOTH SPOUSES HAVE A GOOD FAITH BELIEF THAT MARRIAGE WAS VALID
3
SPECIAL CLASSIFICATIONS OF ASSETS - PERSONAL INJURY AWARDS - DAMAGES RECIEVED
- DURING MARRIAGE ARE COMMUNITY PROPERTY
- BUT ARE ASSIGNED TO INJURED SPOUSE AFTER DIVORCE UNLESS JUSTICE DEMANDS OTHERWISE
- MUST BE USED FOR REIMBURSEMENT TO COMMUNITY WHERE COMMUNITY INCCURED EXPENSE ON BEHALF OF INJURED SPOUSE
4
VALID WILL - INTERESTED WITNESSES TO WILL CREATE REBUTTABLE PRESUMPTION OF
- FRAUD
- MENACE
- UNDUE INFLUENCE
- DURESS
3
WILL REVOCATION - PRESUMED REVOCATION
- WILL LAST KNOWN TO BE IN TESTATOR’S POSSESSION
- TESTATOR WAS COMPETENT AT DEATH
- WILL OR DUPLICATE CAN’T BE FOUND AFTER DEATH
3
TEMPORARY RESTRAINING ORDER
- PRESERVES THE STATUS QUO
- FOR A SHORT PERIOD OF TIME
- PENDING ISSUANCE OF A PRELIMINARY INJUNCTION
1
VOLUNTARY WASTE
- DELIBERATE, DESTRUCTIVE ACT
4
FORMALITY REQUIREMENTS OF DEED
- IDENTIFY PARTIES
- SIGNED BY GRANTOR
- IDENTIFY THE PROPERTY
- NO CONSIDERATION REQUIRED
3
ESTOPPEL BY DEED OCCURS WHERE GRANTOR
- PURPORTS TO CONVEY AN INTEREST IN A PROPERTY HE DOES NOT HAVE
- BUT LATER GAINS A VALID INTEREST IN THE PROPERTY
- ESTATE AUTOMATICALLY TRANSFERS TO GRANTEE
2
FEE SIMPLE DEFEASIBLE
- CONVEYS AN INTEREST IN REAL PROPERTY
- SUBJECT TO LIMITATIONS.
1
VESTING FOR INTEREST IN REAL ESTATE
- GRANTS IMMEDIATE RIGHT TO PRESENT OR FUTURE INTEREST IN AN ESTATE
3
TENANCY FOR YEARS
- CREATION BY: AGREEMENT WITH A SPECIFIED START AND END DATE, SOF FOR OVER A YEAR
- DURATION: ANY PERIOD OF TIME
- TERMINATION NOTICE REQUIREMENT: NONE BECASUE LEASE ENDS ON AGREED ON DATE
3
HOLDOVER TENANT IS CREATED BY AFTER LEASE TERMINATION WHERE
- TENANT STILL TENDERS RENT
- LANDLORD ACCEPTS RENT
- MOST JX IMPLY PERIODIC TENANCY W/TIME PERIOD OF PREVIOUSLY EXPIRED LEASE
1
AFFIRMATIVE EASEMENT
- AFFIRMATIVE EASEMENT ENTITLES EASEMENT HOLDER TO DO SOMETHING ON ANOTHER’S LAND
3
FEDERAL SUBSTITUTE SERVICE REQUIREMENTS
- SOMEONE OF SUITABLE AGE AT DEFENDANT’S RESIDENCE WHO RESIDES THERE.
- DEFENDANT’S AUTHORIZED AGENT.
- ANY METHOD PERMITTED BY STATE LAW.
3
FEDERAL RULE 12(B)(6) - NONWAIVABLE DEFENSES - (CAN BE RAISED ANYTIME BEFORE TRIAL IS CONCLUDED)
- FAILURE TO JOIN AN INDISPENSIBLE PARTY
- FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED
- LACK OF SMJ
1
ERIE DOCTRINE WILL NOT APPLY TO ISSUES OF SUBSTANCE WHERE
- THERE IS FEDERAL LAW DIRECTLY ON POINT
1
BALANCE OF INTERESTS TESTS
- FEDERAL INTEREST IN HAVING FEDERAL LAW APPLIED IS MEASURED AGAINST STATE LAW INTEREST IN HAVING STATE LAW APPLIED.
3
RULE 26 EXPERT WITNESS DISCLOSURE MUST CONTAIN EXPERT’S
- IDENTITY
- QUALIFICATIONS
- WRITTEN REPORT
3
PERMISSIVE COUNTERCLAIMS ELEMENTS
- ARISING FROM A TRANSACTION OR OCCURENCE DIFFERENT THAN THE ONE GIVING RISE TO PLAINTIFF’S CLAIM
- MAY BE RAISED IN PLAINTIFF’S CASE OR IN A SEPERATE MATTER
- MUST HAVE AN INDEPENDENT SMJ SOURCE
1
FINAL JUDGMENT RULE - CA
- NO APPEAL UNTIL AFTER JUDGMENT ON THE MERITS
1
CONGRESSIONAL POWERS - STATE LAW DIRECTLY DISCRIMINATES AGAINST OUT OF STATE COMMERCE WHERE
- STATE LAW FACIALLY DISCRIMINATES AGAINST OUT OF STATE COMMERCE.
1
ESTABLISHMENT CLAUSE - SECT PREFERENCE INVALID UNLESS
- LAW IS NARROWLY TAILORED TO SERVE COMPELLING GOVERNMENT INTEREST (STRICT SCRUTINY STANDARD).
1
CONTENT NEUTRAL SPEECH REGULATIONS STANDARD OF REVIEW
- INTERMEDIATE REVIEW
6
EQUAL PROTECTION CLAUSE - CLASSIFICATIONS BURDEN FUNDAMENTAL RIGHTS WHERE THEY AFFECT
- PRIVACY
- FIRST AMENDMENT RIGHTS
- VOTING RIGHTS
- CANDIDACY RIGHTS
- INTERSTATE TRAVEL
- COURT ACCESS
2
QUESTIONS/STANDARDS FOR DETERMINING FOURTH AMENDMENT EXPECTATION OF PRIVACY
- DID THE PERSON HAVE AN ACTUAL, SUBJECTIVE EXPECTATION OF PRIVACY?
- DOES SOCIETY RECOGNIZE THIS EXPECTATION AS REASONABLE?
2
SIXTH AMENDMENT RIGHT TO JURY TRIAL HAPPENS WHEN
- SERIOUS OFFENSE CHARGED
- WITH POTENTIAL OF OVER SIX MONTHS IMPRISONMENT
4
MERGER OF SOLICITATION
- WHEN SOLICITED CRIME IS COMMITTED
- SOLICITATION MERGES INTO THE SOLICITED CRIME
- SOLICITING DEFENDANT BECOMES VICARIOUSLY LIABLE FOR SOLICITED CRIME
- BASED ON ACCOMPLICE LIABILITY.THEORY.
4
LOW LEVEL EMPLOYEE EMBEZZLEMENT
- PROPERTY TRESPASSORILY TAKEN BY LOW LEVEL EMPLOYESS ENTRUSTED WITH CUSTODY IS GENERALLY LARCENY
- UNLESS PROPERTY WAS GIVEN TO THE EMPLOYEE BY A THIRD PARTY
- BEFORE EMPLOYEE FORMS INTENT TO STEAL
- THIS CRIME IS EMBEZZLEMENT.
2
BURGLARY AND FELONY MURDER
- WHERE BURGLARY IS COMMITTED FOR THE SOLE PURPOSE OF ATTACKING THE VICTIM
- IT CANNOT SUPPORT A FELONY MURDER CHARGE.
1
DEFENSE OF VOLUNTARY INTOXICATION
- A DEFENDANT MAY RAISE THE DEFENSE OF VOLUNTARY INTOXICATION TO NEGATE SPECIFIC INTENT.
2
STRICT LIABILITY CRIME AND MENS REA - STRICT LIABILITY REQUIRES
- NO MENS REA TO COMMIT A CRIME
- ONLY COMMISSION OF THE LEGALLY PROSCRIBED ACTUS REUS.
2
DYING DECLARATION DIFFERENCES BETWEEN CEC AND FRE
- CEC - ALLOWED IN ALL CASES, BUT DECLARANT MUST BE DEAD
- FRE - ONLY HOMICIDE AND CIVIL CASES, ONLY GOOD FAITH BELIEF OF DEATH REQUIRED
4
DIFFERENCE BETWEEN FRE AND CA PRESENT SENSE IMPRESSION
- CA - STATEMENT DESCRIBING OR EXPLAINING THE CONDUCT OF DECLARANT (ONLY DECLARANT)
- WHILE DECLARANT IS ENGAGED IN THE CONDUCT.
- FRE - STATEMENT DESCRIBING OR EXPLAINING EVENT OR CONDITION
- WHILE DECLARANT IS EXPERIENCING EVENT OR CONDITION OR IMMEDIATELY THEREAFTER.
3
WHEN DOES AN OFFER LAPSE AT COMMON LAW?
- AN ORAL OFFER GENERALLY LAPSES AT THE END OF THE CONVERSATION
- A WRITTEN OFFER GENERALLY LAPSES AT THE DEADLINE IMPLIED BY THE DISPATCH
- ABSENT CONTRARY AGREEMENT OR IMPLICATION.
2
CONTRACTS FOR NECESSITIES OF LIFE AND UNDERAGE PROMISORS
- CONTRACTS FOR NECESSITIES OF LIFE ARE ALWAYS LEGALLY BINDING
- REGARDLESS OF AGE OF PROMISOR AT THE TIME OF ENTRY INTO THE CONTRACT.
2
DUTY TO COMMUNICATE - ATTORNEY MUST
- COMMUNICATE WITH CLIENT
- KEEP CLIENT REASONABLY INFORMED ALL OF SIGNFICANT DEVELOPMENTS IN REPRESENTATION
1
ATTORNEY’S DUTY OF FAIRNESS
TO THIRD PERSONS
- AN ATTORNEY HAS A DUTY TO ACT AS FAIR AS REASONABLY POSSIBLE TO THIRD PERSONS
2
MATERIALITY OF STATEMENTS MADE DURING NEGOTIATION
- STATEMENTS MADE DURING NEGOTIATIONS ARE NOT STATEMENTS OF MATERIAL FACT
- MAKING FALSE STATEMENTS OK
2
LIMITS ON ATTORNEY SERVING ON CLIENT’S BOARD OF DIRECTORS
- NO EXPRESS LIMITS ON BOARD SERVICE FOR REPRESENTED CORPORATION
- WATCH FOR PROBLEMS WITH DUTIES OF CONFIDENTIALITY AND LOYALTY
3
DUTIES OF WITHDRAWING LAWYER
- RETURN CLIENT FILES
- RETURN UNEARNED FEES
- GIVE OPPOSING COUNSEL NOTICE
1
COLORABLE CLAIM OF INNOCENCE
- SEEMINGLY GENUINE OR LEGALLY VALID CLAIM OF INNOCENCE
3
ASSUMPTION OF RISK - DEFENDANT MAY RAISE DEFENSE TO NEGLIGENCE WHERE
- PLAINTIFF DELIBERATELY PUT HIMSELF AT RISK
- WITH FULL AWARENESS OF RISK
- AND CONSCIOUSLY ACCEPTED THE RISK
1
DEFAMATION - LIABILITY ARISES WHERE DEFENDANT
- PUBLISHES A FALSE STATEMENT OF MATERIAL FACT TO A THIRD PARTY, CAUSING DAMAGES TO PLAINTIFF’S REPUTATION
2
COMMON LAW DUTY TO INVITEES
- DUTY TO INSPECT
- DUTY TO WARN OF DANGERS HIDDEN AND KNOWN
1
WHEN MULTIPLE CAUSES FOR INJURY, MANY JURISDICTIONS USE
- JOINT AND SEVERAL LIABILITY
3
THE LAW WILL TREAT A DE FACTO CORPORATION AS A
- VALID CORPORATION
- SHIELDING FROM THIRD PARTY ATTACK
- BUT STILL OPEN TO QUO WARRANTO PROCEEDING
1
MBE MISSED - JOINT AND SEVERAL LIABILITY - WHAT CHILD PLAINTIFF MAY RECOVER WHERE ONE OF DEFENDANTS IS PARENT AND NEGLIGENCE OF PARENT NOT IMPUTED TO THE CHILD PLAINTIFF
- FULL DAMAGES FROM ANY DEFENDANT INCLUDING PARENT’S LIABILITY
4
CONSEQUENCE OF FRAUD PREVENTING REVOCATION OF WILL
- COURT WILL NOT PROBATE THE WILL
- PROPERTY GOES TO HEIRS IN A CONSTRUCTIVE TRUST
- COURT DECREES HEIRS BENEFICIARIES OF CONSTRUCTIVE TRUST
- WITH DUTIES TO TRANSFER PROPERTY TO INTENDED BENEFICIARIES
2
SUPPORT TRUST - TRUST FUNDS’ ACCESIBILTY TO THIRD PARTY CREDITORS
- NOT ACCESSIBLE TO 3RD PARTY CREDITORS
- WHERE PAYMENT WOULD INTERFERE WITH SUPPORT OF BENEFICIARY
