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CA Bar Outlined and Numbered (with prompts) > deck F (257-304) > Flashcards

deck F (257-304) Flashcards

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MBE flashcards
1
Q
A
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2
Q

4

PREEMPTIVE RIGHTS OF SHAREHOLDER REGARDING PERCENTAGE OF OWNERSHIP IN CORPORATION

A
  1. AT COMMON LAW, EXISTING SHAREHOLDER MAINTAINS HER PERCENTAGE OF OWNERSHIP
  2. WHEN MORE STOCK WAS ISSUED
  3. MODERNLY DOES NOT EXIST
  4. UNLESS ARTICLES STATE OTHERWISE
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3
Q

5

AGENCY - TO PRINICIPAL, AGENT HAS A DUTY OF

A
  1. CARE - BUSINESS JUDGMENT RULE
  2. LOYALTY
  3. OBEDIENCE
  4. TO COMMUNICATE
  5. ANY OTHER EXPRESS CONTRACT DUTIES
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4
Q

5

PRINCIPAL’S AVAILABLE REMEDIES FOR BREACH BY AGENT

A
  1. TERMINATE RELATIONSHIP
  2. WITHHOLD COMPENSATION
  3. SEEK CONTRACT REMEDIES
  4. SEEK TORT DAMAGES
  5. SEEK INDEMNITY FOR LIABILITY FOR ACTIONS BEYOND SCOPE OF AGENCY
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5
Q

3

TYPES OF AUTHORITY CAUSING PRINCIPAL’S LIAIBLITY FOR AGENT’S CONTRACTS

A
  1. ACTUAL EXPRESS AUTHORITY
  2. ACTUAL IMPLIED AUTHORITY
  3. APPARENT AUTHORITY
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6
Q

2

ADMISSIBILITY OF STATEMENTS IN A WILL AS EVIDENCE OF TRANSMUTATION OF ASSET

A
  1. INADMISSIBLE
  2. BEFORE DEATH OF DEVISOR
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7
Q

1

SPECIAL CLASSIFICATIONS - EDUCATION - CLASSIFICATION OF ASSET

A
  1. NOT A COMMUNITY ASSET UNLESS WRITTEN AGREEMENT TO CONTRARY
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8
Q

5

COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -

VAN CAMP FORMULA

A
  1. START SALARY FOR SPOUSE (REASONABLE MARKET RATE)
  2. MULTIPLY THIS BY YEARS BUSINESS OPERATED DURING MARRIAGE
  3. DEDUCT COMMUNITY EXPENSES PAID WITH BUSINESS FUNDS
  4. RESULT IS COMMUNITY PROPERTY
  5. REMAINDER IS MANAGING SPOUSE’S SEPARATE PROPERTY
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9
Q

2

DISTRIBUTION OF ASSETS AT DEATH - RULES ON DEVISE OF COMMUNITY AND SEPARATE PROPERTY ASSETS

A
  1. DECEDENT CAN DEVISE ALL SP
  2. DECEDENT CAN DEVISE 1/2 CP AND 1/2 QCP
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10
Q

2

DISTRIBUTION OF ASSETS AT DEATH - SPOUSE DIES INTESTATE

A
  1. SURVIVING SPOUSE ENTITLED TO DECEDENT’S SHARE OF CP AND QCP
  2. SURVIVING SPOUSE ENTITLED TO 1/3 OF DECEDENT’S SP (DEPENDING ON SURVIVING PARENTS OR ISSUE)
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11
Q

1

TIES GO AROUND

A

NECKS

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12
Q

4

EXCEPTIONS TO PRESUMPTION OF FRAUD OR UNDUE INFLUENCE BY BENEFICIARY OF DONATIVE TRANSFER

A
  1. BLOOD RELATIVE OF TRANSFEROR
  2. COHABITANT OF TRANSFEROR
  3. PROPERTY TRANSFERRED WORTH UNDER 5K
  4. TRANSFER WAS REVIEWED BY INDEPENDENT COUNSEL W/OUT BENEFICIARY PRESENT
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13
Q

7

WILLS - NO CONTEST CLAUSES ENFORCED UNLESS BENEFICIARY CONTESTS FORFEITURE OF RIGHT TO TAKE WITH PROBABLE CAUSE ON GROUNDS OF

A
  1. FORGERY
  2. REVOCATION
  3. UNDUE INFLUENCE
  4. FRAUD
  5. DURESS
  6. IMPROPER EXECUTION
  7. INTERESTED WITNESS
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14
Q

10

INTESTATE SUCCESION ORDER IF NO SS, OR AFTER SS TAKES SHARE

A
  1. ISSUE
  2. PARENTS, IF NO ISSUE
  3. SIBLINGS
  4. GRANDPARENTS
  5. AUNTS AND UNCLES
  6. STEPCHILDREN
  7. NEXT OF KIND
  8. PARENTS OF PREDECEASED SPOUSE
  9. SIBLINGS OF PREDECEASED SPOUSE
  10. ESCHEAT TO STATE
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15
Q

2

CHILDREN

A
  1. ARE NOISY
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16
Q

3

RESULTING TRUST ELEMENTS

A
  1. IMPLIED-IN-FACT TRUST
  2. BASED ON PRESUMED INTENT OF PARTIES
  3. TRANSFERS PROPERTY BACK TO SETTLOR OR ESTATE OR INTESTATE TAKERS
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17
Q

1

EJECTMENT

A
  1. USED TO RECOVER SPECIFIC REAL PROPERTY FROM WHICH THE PLAINTIFF WAS WRONGLY EXCLUDED
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18
Q

2

EQUITABLE LIEN

A
  1. CREATES SECURITY INTEREST IN PROPERTY HELD BY DEFENDANT
  2. TURNS PROPERTY INTO COLLATERAL FOR MONEY DEFENDANT OWES
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19
Q

2

AVAILABILITY OF QUASI-CONTRACT REMEDY TO DEFENDANT

A
  1. AT COMMON LAW, QUASI-CONTRACT NOT AVAILABLE TO DEFENDANT
  2. MODERNLY, AND IN CA, QUASI-CONTRACT IS AVAILABLE REMEDY TO DEFENDANT
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20
Q

1

DAMAGES FOR BREACH OF LAND SALE CONTRACT

ARE USUALLY CALCULATED BY:

A
  1. FINDING THE DIFFERENCE BETWEEN THE MARKET PRICE AND THE CONTRACT PRICE
21
Q

1

FREEHOLD ESTATE IS A

A
  1. PRESENT POSSESSORY INTERESTS IN REAL ESTATE.
22
Q

1

LIFE ESTATE PER AUTRE VIE

A
  1. LASTS FOR THE LIFETIME OF AN IDENTIFIED THIRD PERSON
23
Q

3

FUTURE INTERESTS HELD BY GRANTOR

A
  1. REVERSION - GRANTOR GRANTS ESTATE LESS THAN HIS OWN
  2. RIGHT OF REENTRY - GRANTOR GRANTS FEE SUBJECT TO CONDITION SUBSEQUENT
  3. POSSIBILITY OF REVERTER - GRANTOR GRANTS FEE SIIMIPLE DETERMINABLE
24
Q

3

EVIDENCES OF IMPLIED SERVITUDE

A
  1. RECORDED PLAT
  2. GENERAL PLAT OF RESTRICTIONS
  3. ORAL REPRESENTATIONS TO EARLY BUYERS
25
Q

2

RELATION BACK DOCTRINE FOR UNNAMED DEFENDANTS

A
  1. RELATES AMENDED COMPLAINT BACK TO ORIGINAL DATE OF COMPLAINT FILING
  2. ALLOWING PLAINTIFF TO INCLUDE DEFENDANT DESPITE STATUTE OF LIMITATIONS ISSUES
26
Q

3

COMPULSORY COUNTERCLAIM ELEMENTS

A
  1. ARISE FROM SAME TRANSACTION OR OCCURRENCE AS PLAINTIFF’S CLAIM
  2. MUST BE RAISED IN PLAINTIFF’S CASE OR DEEMED WAIVED
  3. SUPPLEMENTAL JURISDICTION WILL APPLY
27
Q

1

NONCOMMERCIAL INTRASTATE COMMERCE WILL TRIGGER THE COMMERCE CLAUSE ONLY WHERE

A
  1. THERE IS A DIRECT AND SUBSTANTIAL IMPACT ON INTERSTATE COMMERCE.
28
Q

1

WHEN EVALUATING DOUBLE JEOPARDY, DO THIS WITH THE CRIME’S ELEMENTS

A
  1. MATCH THEM TO THE CHARGES.
29
Q

3

SEARCH WARRANT - ALLOWED EVIDENCE FOR PROBABLE CAUSE

A
  1. POLICE OBSERVATION
  2. HEARSAY
  3. INFORMANT’S TIP, EVEN WHERE INFORMANT IS ANONYMOUS.
30
Q

2

FIFTH AMENDENT AND DOUBLE JEOPARDY

A
  1. DEFENDANT CANNOT BE TRIED FOR THE SAME OFFENSE TWICE
  2. ONCE JEOPARDY HAS ATTACHED TO THE ORIGINAL CRIME.
31
Q

4

BATTERY

A
  1. BATTERY IS A GENERAL INTENT CRIME
  2. OF ACTING TO CAUSE
  3. AND CAUSING AN UNCONSENTED UNLAWFUL APPLICATION OF FORCE
  4. TO VICTIM’S PERSON.
32
Q

2

STATEMENTS IN DOCUMENTS AFFECTING PROPERTY INTEREST EXCEPTION

A
  1. WHERE STATEMENT IN DOCUMENT PURPORTS TO ESTABLISH OR AFFECT AN INTEREST IN PROPERTY
  2. IF MATTER STATED IS RELEVANT TO DOCUMENT’S PURPOSE
33
Q

2

SUFFICIENT OFFER UNDER UCC 2

A
  1. UNDER UCC 2, AN OFFER MUST IDENTIFY THE PARTIES
  2. AND THE QUANTITY
34
Q

3

EXCEPTIONS WHERE MATERIAL TERMS ARE MERE COVENANTS INSTEAD OF EXPRESS MATERIAL CONDITIONS

A
  1. TIME OF PERFORMANCE
  2. PERSONAL SATISFACTION
  3. AGREEMENTS NOT TO ASSIGN.
35
Q

1

UCC - WAIVERS OF CONDITIONS CREATED BY NO WRITING FOR MODIFICATIONS OF CONTRACTS FOR SALE OF GOODS OVER $500 NOT RETRACTABLE WHERE

A
  1. A PARTY MADE A MATERIAL CHANGE IN POSITION ON RELIANCE ON THE WAIVER
36
Q

3

CA - POTENTIAL CONFLICTS OF INTEREST - ATTORNEY MAY NOT TAKE ON REPRESENTATION OF A CLIENT WHERE

A
  1. DIRECTLY ADVERSE TO AN ALREADY REPRESENTED CLIENT IN SAME MATTER
  2. SIGNFICANT RISK OF MATERIAL LIMITATION ON REPRESENTATION DUE TO REPRESENTATION OF OTHER CLIENT
  3. CONFLICTS WITH LAWYER’S PERSONAL INTERESTS
37
Q

2

ABA RULES AGAINST SEXUAL RELATIONSHIP WITH CLIENT

A
  1. NOT ALLOWED UNLESS SEXUAL RELATIONSHIP EXISTED PRIOR TO REPRESENTATION
  2. CONFLICT NOT IMPUTED TO FIRM
38
Q

1

TORTIOUS ASSSAULT ELEMENTS - LIABILITY ARISES WEHRE

A
  1. DEFENDANT INTENTIONALLY ACTS TO CAUSE AND DOES CAUSE PLAINTIFF TO SUFFER APPREHENSION OF AN UNREASONABLE, IMMINENT HARMFUL OR OFFENSIVE CONTACT.
39
Q

4

PUNITIVE DAMAGES ARE AWARDED WHERE THE COURT FINDS DEFENDANT ACTED WITH

A
  1. FRAUD
  2. OPPRESSION
  3. MALICE
  4. GROSS NEGLIGENCE
40
Q

3

LIABILITY FOR MALICIOUS PROSECUTION ARISES WHERE DEFENDANT

A

INSTITUTES OR CONTINUES CRIMINAL PROSECUTION OF PLAINTIFF

OUT OF MALICE

CASE IS TERMINATED FOR LACK OF PROBABLE CAUSE

41
Q

2

MBE MISSED- GRATITUTOUS PROMISES ARE ENFORCEABLE WHERE

A
  1. THEY ARE LIKELY TO INDUCE PROMSEE’S RELIANCE
  2. AND DO INDUCE PROMISEE’S RELIANCE
42
Q

1

MBE MISSED - DYING DECLARATION EXCEPTION REQUIRES THAT THE DECLARANT BE

A
  1. UNAVAILABLE
43
Q

2

EVIDENCE - CRIMINAL - FRE AND CEC - PROSECUTION MAY BE THE FIRST TO INTRODUCE PROPENSITY EVIDENCE REGARDING DEFENDANT’S CHARACTER TO COMMIT

A
  1. SEXUAL ASSAULT
  2. CHILD MOLESTATION
44
Q

1

EVIDENCE - CRIMINAL - CEC- WHERE THE DEFENDANT INTRODUCES EVIDENCE OF THE VICTIM’S VIOLENT CHARACTER, THE PROSECUTION CAN ADMIT EVIDENCE THAT

A
  1. THE DEFENDANT HAS THE SAME VIOLENT TRAIT.
45
Q

1

IMPERFECT SELF-DEFENSE - THE JURY WILL CONSIDER AN UNREASONABLE BELIEF OF SELF-DEFENSE AS

A
  1. A MITIGATING FACTOR
46
Q

2

OBJECTION - LEADING IS USED WHERE WITNESS IS ASKED A QUESTION THAT

A
  1. ON DIRECT EXAMINATION
  2. SUGGESTS THE ANSWER THE EXAMINING PARTY DESIRES.
47
Q

2

OBJECTION - LACKS FOUNDATION IS USED WHERE THE QUESTION ASKED THE WITNESS

A
  1. SOUGHT INFORMATION
  2. THAT HAD NOT BEEN ESTABLISHED THE WITNESS HAD THE KNOWLEDGE TO ANSWER
48
Q

3

PROP. 8 FOR CRIMINAL COURTS

A
  1. ALL RELEVANT EVIDENCE IS ADMISSIBLE
  2. EVEN WHERE INADMISSIBLE UNDER CEC
  3. SUBJECT TO EXEMPTIONS

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

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