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CA Bar Outlined and Numbered (with prompts) > deck G (305-360) > Flashcards

deck G (305-360) Flashcards

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MBE flashcards
1
Q
A
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2
Q

2

PRE-INCORPORATION PROMOTER DUTIES

A
  1. DUTY OF GOOD FAITH
  2. DUTY OF NO SECRET DEALINGS FOR PERSONAL PROFIT
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3
Q

3

REQUIREMENTS FOR CORPORATE ACTION AT DIRECTION OF BOARD OF DIRECTORS

A
  1. AT A PROPERLY NOTICED MEETING
  2. WITH MAJORITY OF BOARD OF DIRECTORS
  3. THE MAJORITY VOTES TO TAKE ACTION
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4
Q

2

CORPORATE DIRECTORS AND OFFICERS DUTY OF CARE - DIRECTORS AND OFFICERS MUST

A
  1. ACT AS A REASONABLY PRUDENT PERSON WOULD ACT
  2. UNDER SIMILAR CIRCUMSTANCES
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5
Q

2

EFFECT OF CREATING A SELF-DEALING CONTRACT

A
  1. CONSIDERED CONFLICT OF INTEREST
  2. CONTRACT IS PRESUMED VOIDABLE
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6
Q

2

SHAREHOLDER LAWSUIT - DIRECT SUIT - SHAREHOLDER BRINGS SUIT FOR

A
  1. FOR BREACH OF FIDUCIARY DUTY
  2. DIRECTLY OWED TO THE SHAREHOLDER
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7
Q

2

FIDUCIARY DUTIES - PARTNERSHIP - DUTY TO ACCOUNT- TO REMEDY BREACH, PARTNERS MAY

A
  1. BRING ACTIONS FOR LOSSES CAUSED BY OTHER PARTNER’S BREACH
  2. REMEDY IS DISGORGEMENT OF ILL-GOTTEN PROFITS BACK TO THE PARTNERSHIP
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8
Q

6

LIMITED PARTNERS IN A LIMITED PARTNERSHIP HAVE THESE RIGHTS

A
  1. ACCOUNTING
  2. TRANSFER SHARES (UNLESS OTHERWISE AGREED)
  3. MANAGE AS REASONABLE TO PROTECT INVESTMENT
  4. CONSENT TO WAIVE OTHER PARTNER’S OBLIGATIONS
  5. DISTRIBUTION BASED ON CONTRIBUTION
  6. TRANSFER DISTRIBUTION RIGHTS
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9
Q

1

CORPORATE BONDS

A
  1. DEBT OBLIGATION OF CORPORATION
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10
Q

4

WHEN A SECURITY IS REQUIRED TO BE REGISTERED WITH THE SEC

A
  1. IF IT IS PUBLICLY TRADED
  2. IF IT SOLD BY AN ISSUING COMPANY
  3. A SECURITIES DEALER
  4. OR A SECURITIES UNDERWRITER
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11
Q

2

JUDICIAL EFFECTS OF FINDING NO VIOLATION OF THE BUSINESS JUDGMENT RULE

A
  1. COURT WILL NOT FIND BUSINESS ACTORS PERSONALLY LIABLE
  2. COURT WILL NOT INTERVENE IN BUSINESS MANAGEMENT DECISIONS
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12
Q

3

QUASI-MARITAL PROPERTY IS PROPERTY AQUIRED DURING

A
  1. A VOID OR VOIDABLE MARRIAGE
  2. BELONGING TO A PUTATIVE SPOUSE
  3. WOULD HAVE BEEN CP OR QCP IF MARRIAGE WAS VALID
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13
Q

3

SPECIAL CLASSIFICATIONS - PENSION PLANS - RESERVATION OF JURISDICTION APPROACH - FORMULA FOR FINDING CP PERCENTAGE

A
  1. DIVIDE TOTAL NUMBER OF YEARS MARRIED WHILE EARNING PENSION
  2. (END POINT IS COMMENCEMENT OF SEPARATION)
  3. BY TOTAL YEARS SPOUSE EARNED PENSION
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14
Q

7

SEPARATE PROPERTY - CLASSIFICATIONS

A
  1. PROPERTY OWNED BY SPOUSE BEFORE MARRIAGE
  2. GIFT
  3. BEQUEST
  4. DEVISE
  5. DESCENT
  6. RENTS, ISSUES AND PROFITS OBTAINED FROM SP
  7. PROPERTY ACQUIRED AFTER PERMANENT SEPARATION
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15
Q

2

ADEMPTION OCCURS WHEN

A
  1. PROPERTY HAS CHANGED FORM
  2. FROM THE TIME IT WAS IDENTIFIED IN THE WILL
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16
Q

3

SECRET TRUST

A
  1. SETTLOR LEAVES PROPERTY TO LEGATEE IN WILL
  2. W/OUT MANIFESTATION OF INTENT IN WILL TO CREATE TRUST
  3. BUT RELIES ON UNDERSTANDING W/LEGATEE TO HOLD PROPERTY IN TRUST FOR THIRD PARTY BENEFICIARIES.
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17
Q

4

SEMI-SECRET TRUST- ELEMENTS AND SPLIT JURISDICTIONAL TREATMENT

A
  1. TESTATOR DEVISES PROPERTY TO BE HELD IN TRUST.
  2. BUT DOES NOT IDENTIFY THE BENEFICIARY OF THE PROPERTY.
  3. MAJORITY OF JURISIDCTIONS INVALIDATE AND CREATE RESULTING TRUST
  4. MINORITY OF JURSIDICTIONS ALLOW EXTRINSIC EVIDENCE TO PROVE BENEFICIARY’S IDENTITY.
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18
Q

3

TO ADMINISTER TRUST - TRUSTEE HAS ALL POWERS

A
  1. EXPRESSLY ENNUMERATED IN TRUST
  2. EXPRESSLY ENUMERATED AT LAW
  3. IMPLED BY TRUST AS NECESSARY AND APPRORIATE TO CARRY OUT TERMS OF TRUST
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19
Q

2

GENERAL DAMAGES

A
  1. FLOW TO ANY PLAINTIFF AS A NATURAL RESULT OF TORT
  2. NONECOMONIC
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20
Q

2

COMPENSATORY DAMAGES FOR TORT

A
  1. MONETARY COMPENSATION
  2. AWARDED TO RETURN PLAINTIFF TO THE POSITION HE WAS IN BEFORE THE TORT OCCURRED.
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21
Q

1

THE PRESENT COVENANTS CONTAINED IN WARRANTY DEEDS ARE BREACHED AT THE TIME

A
  1. THE DEED IS DELIVERED
22
Q

1

NOTICE STATUTE

A
  1. SUBSEQUENT BFP WITHOUT NOTICE PREVAILS OVER PRIOR GRANTEE WHO FAILED TO RECORD
23
Q

1

RECORD/CONSTRUCTIVE NOTICE OF TRANSACTION

A
  1. PRIOR INTEREST WAS PROPERLY RECORED WITHIN CHAIN OF TITLE
24
Q

3

TYPES OF FEE SIMPLE DEFEASIBLE

A
  1. FEE SIMPLE DETERMINABLE
  2. FEE SIMPLE TO SUBJECT TO CONDITION SUBSEQUENT
  3. FEE SIMPLE SUBJECT TO AN EXECUTORY LIMITATION
25
Q

2

RULE AGAINST PERPETUITIES

A
  1. NO INTEREST IS GOOD
  2. UNLESS IT VESTS WITHIN 21 YEARS OF SOME LIFE IN BEING AT THE CREATION OF THE INTEREST
26
Q

1

SUBLEASE DEFINTION

A
  1. A SUBLEASE IS A TRANSFER OF ANYTHING LESS THAN THE ENTIRE INTEREST REMAINING ON A LEASE TERM.
27
Q

1

FEDERAL COURT - APPROPRIATE VENUE WHERE THERE ARE MULTIPLE DEFENDANTS

A
  1. VENUE IS APPROPRIATE IN ANY OF THE DISTRICTS WHERE ANY OF THE DEFENDANTS RESIDE.
28
Q

3

CA COURT’S CRITERIA FOR ANALYZING “COMMON COMMUNITY OF INTEREST” FOR CLASS ACTION REQUIREMENT.

A
  1. DO COMMON QUESTIONS OF LAW OR FACT PREDOMINATE?
  2. IS THE CLASS REPRESENTATIVE ADEQUATE?
  3. WILL THE CLASS EXISTENCE OFFER SUBSTANTIAL BENEFIT TO THE PARTIES AND THE COURT?
29
Q

1

FEDERAL RIGHT TO JURY TRIAL GRANTED BY

A
  1. SEVENTH AMENDMENT
30
Q

4

EXCEPTIONS TO THE FINAL JUDGMENT RULE - FED

A
  1. INJUNCTIONS
  2. COLLATERAL ORDERS
  3. EXTRAORDINARY WRIT
  4. ONE CLAIM OR PARTY IS RESOLVED AND JUDGE MAKES EXPRESS DETERMINATION OF RESULTION
31
Q

1

COLLATERAL ESTOPPEL/ISSUE PRECLUSION DEFINITION

A
  1. BARS RELITIGATION OF A SPECIFIC ISSUE
32
Q

2

FREE EXERCISE CLAUSE GRANTS THE FREEDOM TO

A
  1. BELIEVE ANY RELIGION
  2. CONDUCT ONE’S SELF IN ACCORDANCE WITH ANY RELIGION
33
Q

5

FREEDOM OF SPEECH - UNPROTECTED SPEECH CATEGORIES

A
  1. SPEECH INCITING IMMINENT LAWLESS ACTION
  2. FIGHTING WORDS
  3. OBSCENITY
  4. DEFAMATION
  5. MOST COMMERCIAL SPEECH
34
Q

1

FREEDOM OF ASSOCIATION LIMITATIONS MUST SERVE

A
  1. COMPELLING GOVERNMENT INTEREST
35
Q

1

EQUAL PROTECTION CLAUSE - QUASI-SUSPECT CLASSES RECEIVE THIS LEVEL OF REVIEW

A
  1. INTERMEDIATE SCRUTINY
36
Q

1

POLICE MUST DO THIS BEFORE ENTERING PREMISES WITH A SEARCH WARRANT

A
  1. KNOCK AND ANNOUNCE
37
Q

2

SEARCH WARRANT EXCEPTION - AUTOMOBILE

A
  1. PROBABLE CAUSE EXISTS TO BELIEVE VEHICLE CONTAINS EVIDENCE OF CRIME
  2. EXTENDS TO ANY CONTAINER IN VEHICLE
38
Q

6

EXCEPTIONS TO FRUIT OF POISONOUS VINE RULE

A
  1. INDEPENDENT SOURCE
  2. INEVITABLE DISCOVERY
  3. PURGED TAINT
  4. IMPEACHMENT
  5. CIVIL HEARINGS
  6. PAROLE PROCEEDINGS
39
Q

3

ESTABLISHING FRAUDULENT JOINDER TO DEFEATE DIVERSITY

A
  1. NO POSSIBLIITY OF ESTABLISHING CAUSE OF ACTION AGAINST JOINDED DEFENDANT
  2. FRAUDULENTLY PLED JURISDICTIONAL FACTS TO BRING DEFENDANT INTO ACTION
  3. MISJOINDER IS EGREGIOUS
40
Q

3

DEFENSE OF DURESS - CRIMINAL LAW - DEFENDANT MAY RAISE THE DEFENSE OF DURESS WHERE

A
  1. CRIME WAS COMMITTED DUE TO IMPLIED OR EXPRESS THREAT OF IMMINENT HARM
  2. TO DEFENDANT OR OTHERS
  3. UNLESS CRIME COMMITTED WAS MURDER.
41
Q

2

STATE OF MIND EXCEPTION ONLY ADMISSIBLE WHEN

A
  1. STATE OF MIND WAS DIRECTLY AT ISSUE
  2. OFFERED TO SHOW INTENT FOR SUBSEQUENT ACTS
42
Q

1

MAILBOX RULE REVOCATION

A
  1. REVOCATION IS EFFECTIVE UPON RECEIPT.
43
Q

2

CA WILL ALLOW FEE SPLITTING WITH NON-LAWYERS ONLY WHERE

A
  1. CALBAR REFERRAL SERVICE
  2. DECEASED ATTORNEY’S ESTATE
44
Q

2

WHO MAY BRING A PUBLIC NUISANCE CLAIM

A
  1. TYPICALLY GOVERNMENT ACTORS
  2. PRIVATE PARTIES CAN BRING ACTION WHERE THEY SUFFERED UNIQUE DAMAGES.
45
Q

1

PUBLIC DISCLOSURE OF PRIVATE FACTS - LIABILITY ARISES WHERE

A
  1. DEFENDANT DISCLOSES PRIVATE FACTS ABOUT THE PLAINTIIFF THAT A REASONABLE PERSON WOULD FIND EMBARASSING.
46
Q

1

COMMON LAW DUTY TO UNKNOWN TRESPASSERS

A
  1. NO DUTY
47
Q

2

IN SOME JURISDICTIONS, LIABILITY WILL ARISE FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS FOR

A
  1. NEGLIGENT MISHANDLING OF A CORPSE
  2. MISDIAGNOSIS OF HARMFUL CONTAGIOUS DISEASE
48
Q

2

MBE MISSED - FACTUAL IMPOSSIBLITY VS. LEGAL IMPOSSIBLITY DEFENSE

A
  1. LEGAL IMPOSSIBILITY IS A VALID DEFENSE OCCURRING WHEN DEFENDANT INTENDS TO COMMIT AN ACT THAT ISN’T ACTUALLY ILLEGAL VS.
  2. FACTUAL IMPOSSIBILITY IS NOT A VALID OFFENSE OCCURRING WHEN DEFENDANT CAN’T COMPLETE A CRIME DUE TO FACTS NOT KNOWN TO HIM AT TIME OF ATTEMPT
49
Q

1

TO SUCCESSFULLY CONTEST A NO CONTEST CLAUSE, THE FORFEITED BENEFICIARY MUST HAVE

A
  1. PROBABLE CAUSE
50
Q

1

MBE MISSED - OFFERS TO COMPROMISE ARE ONLY INADMISSIBLE WHEN THE CLAIM IS

A
  1. DISPUTED
51
Q

2

OBJECTION - USES FACTS NOT IN EVIDENCE IS USED WHEN

A
  1. LAWYER USES QUESTIONS ON DIRECT EXAMINATION
  2. THAT ARGUE ISSUES OF CASE OR FACTS

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

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