Deck H (361 - 411) Flashcards
2
CORPORATE DEBT CLASSES
- SECURED DEBT IS BOND
- UNSECURED DEBT IS DEBENTURE
2
COMMUNITY REAL PROPERTY - DISPOSAL AND CONTROL - SALE OR LEASE
BOTH SPOUSES MUST EXECUTE WRITTEN INSTRUMENT FOR:
- SALE OF PROPERTY
- LEASE OF PROPERTY FOR OVER A YEAR
2
SPECIAL CLASSIFICATIONS - PENSION PLANS - APPROACHES TO AWARDING FUNDS
- RESERVATION OF JURISDICTION APPROACH
- CASH OUT APPROACH
3
COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -
WHEN TO USE VAN CAMP
- WHEN CHARACTER OF BUSINESS THE CAUSE FOR ITS GROWTH
- SPOUSE WAS WELL COMPENSATED DURING THE MARRIAGE
- COMMUNITY ALREADY BENEFITED FROM BUSINESS
2
FIDUCIARY DUTIES OWED BY SPOUSES TO EACH OTHER
- FULL DISCLOSURE OF MATERIAL FACTS
- GOOD FAITH AND FAIR DEALINGS
3
FIDUCIARY DUTIES OWED SPOUSES - DUTY OF GOOD FAITH AND FAIR DEALING
- SPOUSES MUST OPERATE WITH HIGHEST DEGREE OF GOOD FAITH
- MAKE FAIR DEALINGS WITH OTHER SPOUSE
- NEVER TAKE UNFAIR ADVANTAGE OF OTHER SPOUSE
3
“OF SOUND MIND” - TESTATOR MUST UNDERSTAND
- NATURE OF TESTAMENTARY ACT OR
- NATURE AND SITUATION OF HIS PROPERTY OR
- HIS RELATIONSHIPS W/PARTIES AFFECTED BY WILL
3
REVOCATION BY OPERATION OF LAW - PRETERMITTED SPOUSE OR CHILD WILL NOT RECIEVE INTESTATE SHARE WHERE
- INTENTIONALLY OMMITTED ON FACE OF WILL
- OTHEREWISE PROVIDED FOR IN LIEU OF WILL
- DECEDENT DEVISED SUBSTANTIALLY ALL OF ESTATE TO PARENT OF OMMITTED CHILD
2
DEMONSTRATIVE GIFTS
- GENERAL GIFTS
- SPECIFYING PROPERTY OR PARTICULAR FUND FROM WHICH GIFT SHOULD BE MADE
1
A DEVISE ADEEMS BY SATISFACTION WHEN
- BENEFICIARY RECEIVES DEVISE DURING TESTATOR’S LIFETIME
3
SIMULTANEOUS DEATH OF TESTATOR AND BENEFICIARY - WHERE TESTATOR AND BENEFICIARY DIE SIMULATENOUSLY
- IF NO CLEAR AND CONVINCING EVIDENCE THAT BENEFICIARY DIED FIRST
- BENEFICIARY WILL BE DETERMINED TO HAVE DIED FIRST
- TRIGGERING LAPSE AND ANTILAPSE STATUTES
4
ADVANCEMENT
- PERSON DIES INTESTATE
- PROPERTY GIVEN TO HEIR DURING DECEDENT’S LIFETIME AS PART OF HEIR’S SHARE OF DECEDENT’S ESTATE
- DECLARANT DECLARED GIFT IN WRITING
- HEIR ACKNOWLEDGED GIFT IN WRITING
3
MODERN PER STIRPES OR PER CAPITA WITH REPRESENTATION
- EQUAL DISTRIBUTION AT FIRST LEVEL HEIRS
- WHERE FIRST LEVEL HEIRS DECEASED, THEIR SHARES ARE DIVIDED EVENLY AMONG THEIR ISSUE
- IF FIRST LEVEL HEIRS LEFT NO ISSUE, THEIR SHARES ARE DIVIDED EVENLY AMONG NEXT LEVEL
3
QUASI-CONTRACT SCENARIOS
- NO ATTEMPT TO CONTRACT
- UNENFORCEABLE CONTRACT
- BREACHED CONTRACT
6
REQUIRED SHOWINGS FOR SPECIFIC PERFORMANCE
- INADEQUATE REMEDY AT LAW
- VALID CONTRACT WITH DEFINITE AND CERTAIN TERMS CAPABLE OF ENFORCEMENT
- SATISFACTION OF PLAINTIFF’S CONTRACT DUTIES
- MUTUALITY OF PERFORMANCE
- FEASIBILITY OF ENFORCEMENT
- NO AVAILABLE DEFENSES
3
SPECIAL WARRANTY DEED
- GRANTOR WARRANTS ONLY ON HIS BEHALF
- THAT HE HAS ONLY CONVEYED THE PROPERTY TO NOONE BUT GRANTEE
- AND PROPERTY IS FREE FROM ANY ENCUMBRANCES HE MADE
3
BONA FIDE PURCHASER FOR VALUE W/OUT NOTICE
- TAKES PROPERTY FOR VALUE
- PAYS CONSIDERATION OF AT LEAST MORE THAN NOMINAL VALUE
- WITHOUT NOTICE OF PRIOR INTEREST
4
REMEDIES FOR BREACH OF IMPLIED WARRANTY OF HABITIBALITY AND LANDLORD’S RECOURSE - TENANT MAY
- TERMINATE LEASE AND MOVE OUT OR
- MAKE REPAIRS AND DEDUCT COST FROM RENT OR
- PAY REDUCED RENT, REMAIN ON PREMISES AND SUE FOR DAMAGES
- LANDLORD MAY NOT EVICT FOR SEEKING REMEDIES
1
LIABILITY OF OLD TENANT TO LANDLORD FOR RENTAL PAYMENTS IN A SUBLEASE
- OLD TENANT IS STILL LIABLE TO LANDLORD FOR RENTAL PAYMENTS BECAUSE OF PRIVITY OF CONTRACT.
3
REMEDY FOR MISUSE OF EASEMENT
- INJUNCTION
- DAMAGES
- NOT REMOVAL OF EASEMENT
3
REAL COVENANT - REQUIREMENTS FOR A BENEFIT TO RUN WITH THE LAND
- INTENT
- TOUCH AND CONCERN
- VERTICAL PRIVITY
2
REMOVAL TIMING LIMITS
- MOTION TO REMOVE MUST BE FILED W/IN 30 DAYS AFTER FILING FIRST REMOVEABLE PLEADING
- MUST HAPPEN W/IN YEAR OF CASE FILING
2
INTERROGATION OCCURS WHEN POLICE USE
- WORDS OR ACTIONS
- REASONABLY LIKELY TO ELLICIT INCRIMINATING RESPONSES
2
JEOPARDY ATTACHES WHEN
- JURY TRIAL - JURY EMPANELED AND SWORN IN.
- BENCH TRIAL - FIRST WITNESS SWORN IN.
2
COMPETENCE TO STAND TRIAL - DEFENDANT IS AWARE OF
- NATURE OF PROCEEDINGS AGAINST HIM
- POSSIBLE CONSEQUENCES OF PROCEEDING
3
AGGRAVATED ASSAULT
- A SPECIFIC INTENT CRIME
- WHERE DEFENDANT ATTEMPTS BATTERY WITH A WEAPON
- OR CAUSES VICTIM TO APPREHEND IMMINENT HARMFUL OR OFFENSIVE CONTACT WITH VICTIM’S PERSON BY USE OF A WEAPON.
1
GENERAL INTENT CRIME REQUIRES THIS LEVEL OF MENS REA
- ONLY TO COMMIT THE LEGALLY PROSCRIBED CONDUCT.
2
RECORDS OF RELIGIOUS ORGANIZATIONS HEARSAY EXCEPTION
- REGULARLY KEPT RECORDS OF RELIGIOUS ORGANIZATIONS
- WITH FACTS OF PERSONAL OR FAMILY HISTORY
3
MERCHANT
- BY OCCUPATION DEALS WITH WITH THE TYPE OF GOODS IDENTIFIED BY THE CONTRACT
- OR HAS KNOWLEDGE OR SKILLS PECULIAR TO THE GOODS INVOLVED
- OR EMPLOYS AN AGENT WITH SUCH KNOWLEDGE OR SKILL.
3
UCC VARYING TERMS IN ACCEPTANCE - BOTH PARTIES ARE MERCHANTS - VARYING TERMS IN THE ACCEPTANCE NOT INCLUDED IN THE CONTRACT WHERE
- WHERE THEY MATERIALLY ALTER CONTRACT
- WHERE PARTY TO BE BOUND OBJECTS TO TERMS WITHIN A REASONABLE PERIOD OF TIME
- WHERE OFFER EXPRESSLY LIMITS ACCEPTANCE
2
WHERE THE DEFENDANT MAY RAISE THE DEFENSE OF IMPOSSIBILITY TO CONTRACT FORMATION
- DUE TO EVENTS BEYOND THE PARTIES’ CONTROL PERFORMANCE OF THE CONTRACT IS IMPOSSIBLE
- EXCUSING ALL PARTIES’ PERFORMANCE DUE TO FAILURE OF AN IMPLIED MATERIAL CONDITION THAT PERFORMANCE IS OBJECTIVELY POSSIBLE.
2
OPTION CONTRACT
- CONTRACT CREATED WHEN OFFEREE GIVES OFFEREE CONSIDERATION
- IN EXCHANGE FOR A PROMISE TO LEAVE THE OFFER OPEN FOR AN AGREED UPON PERIOD OF TIME.
2
ATTORNEY’S DUTY WHEN ROGUE EMPLOYEE THREATENS A REPRESENTED BUSINESS - ABA
- REPORT UP THE CHAIN OF COMMAND
- IF FAILS AT HIGHEST LEVEL, REPORT OUTSIDE TO EXTENT NECESSARY
2
BATTERY - LIABILITY ARISES WHERE
- DEFENDANT INTENTIONALLY ACTS TO CAUSE AND DOES CAUSE
- A TOUCHING A PLIATNIFF’S PERSON THAT RESULTS IN A HARMFUL OR OFFENSIVE CONTACT.
2
PRIVATE CITIZEN DEFENDANT MAY USE THE DEFENSE OF AUTHORITY OF LAW WHERE
- USED REASONABLE FORCE
- TO PREVENT OR STOP COMMISSION OF SERIOUS CRIME OCCURRING IN HIS PRESENCE
1
TRESSPASS TO LAND - LIABILITY ARISES WHERE DEFENDANT
- INTENTIONALLY CAUSES ENTRY ONTO, UNDER, OR ABOVE PLAINTIFF’S LAND WITHOUT AUTHORIZATION
4
PROXIMATE CAUSE - TORTS
- AN EVENT LINKING TOGETHER TOGETHER A CHAIN OF EVENTS
- UNBROKEN BY ANY UNFORESEEABLE INTERVENING EVENTS
- THAT SO DIRECTLY, FORESEEABLY AND NATURALLY RESULTS IN THE PLAINTIFF’S INJURY
- THE LAW IMPOSES CIVIL LIABILITY.
1
RAPE SHIELD - FRE - CIVIL CASE - REPUTATION, SPECIFIC ACTS AND OPININON ARE ONLY ADMISSIBLE WHERE
- PROBATIVE VALUE OUTWEIGHS PREJUDICE
1
EVIDENCE - CRIMINAL - FRE - WHERE THE DEFENDANT INTRODUCES EVIDENCE OF THE VICTIM’S CHARACTER, THE PROSECUTION CAN ADMIT EVIDENCE THAT
- THE DEFENDANT HAS THE SAME TRAIT.
1
SPOUSAL DISPOSITION POWER OVER PERSONAL ASSETS DOES NOT INCLUDE
- TESTAMENTARY CONTROL
1
PUNITIVE DAMAGES WILL ONLY BE AWARDED WHERE
- OTHER DAMAGES ARE ALSO AWARDED
