deck F (257-304) Flashcards
4
PREEMPTIVE RIGHTS OF SHAREHOLDER REGARDING PERCENTAGE OF OWNERSHIP IN CORPORATION
- AT COMMON LAW, EXISTING SHAREHOLDER MAINTAINS HER PERCENTAGE OF OWNERSHIP
- WHEN MORE STOCK WAS ISSUED
- MODERNLY DOES NOT EXIST
- UNLESS ARTICLES STATE OTHERWISE
5
AGENCY - TO PRINICIPAL, AGENT HAS A DUTY OF
- CARE - BUSINESS JUDGMENT RULE
- LOYALTY
- OBEDIENCE
- TO COMMUNICATE
- ANY OTHER EXPRESS CONTRACT DUTIES
5
PRINCIPAL’S AVAILABLE REMEDIES FOR BREACH BY AGENT
- TERMINATE RELATIONSHIP
- WITHHOLD COMPENSATION
- SEEK CONTRACT REMEDIES
- SEEK TORT DAMAGES
- SEEK INDEMNITY FOR LIABILITY FOR ACTIONS BEYOND SCOPE OF AGENCY
3
TYPES OF AUTHORITY CAUSING PRINCIPAL’S LIAIBLITY FOR AGENT’S CONTRACTS
- ACTUAL EXPRESS AUTHORITY
- ACTUAL IMPLIED AUTHORITY
- APPARENT AUTHORITY
2
ADMISSIBILITY OF STATEMENTS IN A WILL AS EVIDENCE OF TRANSMUTATION OF ASSET
- INADMISSIBLE
- BEFORE DEATH OF DEVISOR
1
SPECIAL CLASSIFICATIONS - EDUCATION - CLASSIFICATION OF ASSET
- NOT A COMMUNITY ASSET UNLESS WRITTEN AGREEMENT TO CONTRARY
5
COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -
VAN CAMP FORMULA
- START SALARY FOR SPOUSE (REASONABLE MARKET RATE)
- MULTIPLY THIS BY YEARS BUSINESS OPERATED DURING MARRIAGE
- DEDUCT COMMUNITY EXPENSES PAID WITH BUSINESS FUNDS
- RESULT IS COMMUNITY PROPERTY
- REMAINDER IS MANAGING SPOUSE’S SEPARATE PROPERTY
2
DISTRIBUTION OF ASSETS AT DEATH - RULES ON DEVISE OF COMMUNITY AND SEPARATE PROPERTY ASSETS
- DECEDENT CAN DEVISE ALL SP
- DECEDENT CAN DEVISE 1/2 CP AND 1/2 QCP
2
DISTRIBUTION OF ASSETS AT DEATH - SPOUSE DIES INTESTATE
- SURVIVING SPOUSE ENTITLED TO DECEDENT’S SHARE OF CP AND QCP
- SURVIVING SPOUSE ENTITLED TO 1/3 OF DECEDENT’S SP (DEPENDING ON SURVIVING PARENTS OR ISSUE)
1
TIES GO AROUND
NECKS
4
EXCEPTIONS TO PRESUMPTION OF FRAUD OR UNDUE INFLUENCE BY BENEFICIARY OF DONATIVE TRANSFER
- BLOOD RELATIVE OF TRANSFEROR
- COHABITANT OF TRANSFEROR
- PROPERTY TRANSFERRED WORTH UNDER 5K
- TRANSFER WAS REVIEWED BY INDEPENDENT COUNSEL W/OUT BENEFICIARY PRESENT
7
WILLS - NO CONTEST CLAUSES ENFORCED UNLESS BENEFICIARY CONTESTS FORFEITURE OF RIGHT TO TAKE WITH PROBABLE CAUSE ON GROUNDS OF
- FORGERY
- REVOCATION
- UNDUE INFLUENCE
- FRAUD
- DURESS
- IMPROPER EXECUTION
- INTERESTED WITNESS
10
INTESTATE SUCCESION ORDER IF NO SS, OR AFTER SS TAKES SHARE
- ISSUE
- PARENTS, IF NO ISSUE
- SIBLINGS
- GRANDPARENTS
- AUNTS AND UNCLES
- STEPCHILDREN
- NEXT OF KIND
- PARENTS OF PREDECEASED SPOUSE
- SIBLINGS OF PREDECEASED SPOUSE
- ESCHEAT TO STATE
2
CHILDREN
- ARE NOISY
3
RESULTING TRUST ELEMENTS
- IMPLIED-IN-FACT TRUST
- BASED ON PRESUMED INTENT OF PARTIES
- TRANSFERS PROPERTY BACK TO SETTLOR OR ESTATE OR INTESTATE TAKERS
1
EJECTMENT
- USED TO RECOVER SPECIFIC REAL PROPERTY FROM WHICH THE PLAINTIFF WAS WRONGLY EXCLUDED
2
EQUITABLE LIEN
- CREATES SECURITY INTEREST IN PROPERTY HELD BY DEFENDANT
- TURNS PROPERTY INTO COLLATERAL FOR MONEY DEFENDANT OWES
2
AVAILABILITY OF QUASI-CONTRACT REMEDY TO DEFENDANT
- AT COMMON LAW, QUASI-CONTRACT NOT AVAILABLE TO DEFENDANT
- MODERNLY, AND IN CA, QUASI-CONTRACT IS AVAILABLE REMEDY TO DEFENDANT
1
DAMAGES FOR BREACH OF LAND SALE CONTRACT
ARE USUALLY CALCULATED BY:
- FINDING THE DIFFERENCE BETWEEN THE MARKET PRICE AND THE CONTRACT PRICE
1
FREEHOLD ESTATE IS A
- PRESENT POSSESSORY INTERESTS IN REAL ESTATE.
1
LIFE ESTATE PER AUTRE VIE
- LASTS FOR THE LIFETIME OF AN IDENTIFIED THIRD PERSON
3
FUTURE INTERESTS HELD BY GRANTOR
- REVERSION - GRANTOR GRANTS ESTATE LESS THAN HIS OWN
- RIGHT OF REENTRY - GRANTOR GRANTS FEE SUBJECT TO CONDITION SUBSEQUENT
- POSSIBILITY OF REVERTER - GRANTOR GRANTS FEE SIIMIPLE DETERMINABLE
3
EVIDENCES OF IMPLIED SERVITUDE
- RECORDED PLAT
- GENERAL PLAT OF RESTRICTIONS
- ORAL REPRESENTATIONS TO EARLY BUYERS
2
RELATION BACK DOCTRINE FOR UNNAMED DEFENDANTS
- RELATES AMENDED COMPLAINT BACK TO ORIGINAL DATE OF COMPLAINT FILING
- ALLOWING PLAINTIFF TO INCLUDE DEFENDANT DESPITE STATUTE OF LIMITATIONS ISSUES
3
COMPULSORY COUNTERCLAIM ELEMENTS
- ARISE FROM SAME TRANSACTION OR OCCURRENCE AS PLAINTIFF’S CLAIM
- MUST BE RAISED IN PLAINTIFF’S CASE OR DEEMED WAIVED
- SUPPLEMENTAL JURISDICTION WILL APPLY
1
NONCOMMERCIAL INTRASTATE COMMERCE WILL TRIGGER THE COMMERCE CLAUSE ONLY WHERE
- THERE IS A DIRECT AND SUBSTANTIAL IMPACT ON INTERSTATE COMMERCE.
1
WHEN EVALUATING DOUBLE JEOPARDY, DO THIS WITH THE CRIME’S ELEMENTS
- MATCH THEM TO THE CHARGES.
3
SEARCH WARRANT - ALLOWED EVIDENCE FOR PROBABLE CAUSE
- POLICE OBSERVATION
- HEARSAY
- INFORMANT’S TIP, EVEN WHERE INFORMANT IS ANONYMOUS.
2
FIFTH AMENDENT AND DOUBLE JEOPARDY
- DEFENDANT CANNOT BE TRIED FOR THE SAME OFFENSE TWICE
- ONCE JEOPARDY HAS ATTACHED TO THE ORIGINAL CRIME.
4
BATTERY
- BATTERY IS A GENERAL INTENT CRIME
- OF ACTING TO CAUSE
- AND CAUSING AN UNCONSENTED UNLAWFUL APPLICATION OF FORCE
- TO VICTIM’S PERSON.
2
STATEMENTS IN DOCUMENTS AFFECTING PROPERTY INTEREST EXCEPTION
- WHERE STATEMENT IN DOCUMENT PURPORTS TO ESTABLISH OR AFFECT AN INTEREST IN PROPERTY
- IF MATTER STATED IS RELEVANT TO DOCUMENT’S PURPOSE
2
SUFFICIENT OFFER UNDER UCC 2
- UNDER UCC 2, AN OFFER MUST IDENTIFY THE PARTIES
- AND THE QUANTITY
3
EXCEPTIONS WHERE MATERIAL TERMS ARE MERE COVENANTS INSTEAD OF EXPRESS MATERIAL CONDITIONS
- TIME OF PERFORMANCE
- PERSONAL SATISFACTION
- AGREEMENTS NOT TO ASSIGN.
1
UCC - WAIVERS OF CONDITIONS CREATED BY NO WRITING FOR MODIFICATIONS OF CONTRACTS FOR SALE OF GOODS OVER $500 NOT RETRACTABLE WHERE
- A PARTY MADE A MATERIAL CHANGE IN POSITION ON RELIANCE ON THE WAIVER
3
CA - POTENTIAL CONFLICTS OF INTEREST - ATTORNEY MAY NOT TAKE ON REPRESENTATION OF A CLIENT WHERE
- DIRECTLY ADVERSE TO AN ALREADY REPRESENTED CLIENT IN SAME MATTER
- SIGNFICANT RISK OF MATERIAL LIMITATION ON REPRESENTATION DUE TO REPRESENTATION OF OTHER CLIENT
- CONFLICTS WITH LAWYER’S PERSONAL INTERESTS
2
ABA RULES AGAINST SEXUAL RELATIONSHIP WITH CLIENT
- NOT ALLOWED UNLESS SEXUAL RELATIONSHIP EXISTED PRIOR TO REPRESENTATION
- CONFLICT NOT IMPUTED TO FIRM
1
TORTIOUS ASSSAULT ELEMENTS - LIABILITY ARISES WEHRE
- DEFENDANT INTENTIONALLY ACTS TO CAUSE AND DOES CAUSE PLAINTIFF TO SUFFER APPREHENSION OF AN UNREASONABLE, IMMINENT HARMFUL OR OFFENSIVE CONTACT.
4
PUNITIVE DAMAGES ARE AWARDED WHERE THE COURT FINDS DEFENDANT ACTED WITH
- FRAUD
- OPPRESSION
- MALICE
- GROSS NEGLIGENCE
3
LIABILITY FOR MALICIOUS PROSECUTION ARISES WHERE DEFENDANT
INSTITUTES OR CONTINUES CRIMINAL PROSECUTION OF PLAINTIFF
OUT OF MALICE
CASE IS TERMINATED FOR LACK OF PROBABLE CAUSE
2
MBE MISSED- GRATITUTOUS PROMISES ARE ENFORCEABLE WHERE
- THEY ARE LIKELY TO INDUCE PROMSEE’S RELIANCE
- AND DO INDUCE PROMISEE’S RELIANCE
1
MBE MISSED - DYING DECLARATION EXCEPTION REQUIRES THAT THE DECLARANT BE
- UNAVAILABLE
2
EVIDENCE - CRIMINAL - FRE AND CEC - PROSECUTION MAY BE THE FIRST TO INTRODUCE PROPENSITY EVIDENCE REGARDING DEFENDANT’S CHARACTER TO COMMIT
- SEXUAL ASSAULT
- CHILD MOLESTATION
1
EVIDENCE - CRIMINAL - CEC- WHERE THE DEFENDANT INTRODUCES EVIDENCE OF THE VICTIM’S VIOLENT CHARACTER, THE PROSECUTION CAN ADMIT EVIDENCE THAT
- THE DEFENDANT HAS THE SAME VIOLENT TRAIT.
1
IMPERFECT SELF-DEFENSE - THE JURY WILL CONSIDER AN UNREASONABLE BELIEF OF SELF-DEFENSE AS
- A MITIGATING FACTOR
2
OBJECTION - LEADING IS USED WHERE WITNESS IS ASKED A QUESTION THAT
- ON DIRECT EXAMINATION
- SUGGESTS THE ANSWER THE EXAMINING PARTY DESIRES.
2
OBJECTION - LACKS FOUNDATION IS USED WHERE THE QUESTION ASKED THE WITNESS
- SOUGHT INFORMATION
- THAT HAD NOT BEEN ESTABLISHED THE WITNESS HAD THE KNOWLEDGE TO ANSWER
3
PROP. 8 FOR CRIMINAL COURTS
- ALL RELEVANT EVIDENCE IS ADMISSIBLE
- EVEN WHERE INADMISSIBLE UNDER CEC
- SUBJECT TO EXEMPTIONS
