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CA Bar Outlined and Numbered (with prompts) > Deck H (361 - 411) > Flashcards

Deck H (361 - 411) Flashcards

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MBE flashcards
1
Q
A
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2
Q

2

CORPORATE DEBT CLASSES

A
  1. SECURED DEBT IS BOND
  2. UNSECURED DEBT IS DEBENTURE
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3
Q

2

COMMUNITY REAL PROPERTY - DISPOSAL AND CONTROL - SALE OR LEASE

BOTH SPOUSES MUST EXECUTE WRITTEN INSTRUMENT FOR:

A
  1. SALE OF PROPERTY
  2. LEASE OF PROPERTY FOR OVER A YEAR
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4
Q

2

SPECIAL CLASSIFICATIONS - PENSION PLANS - APPROACHES TO AWARDING FUNDS

A
  1. RESERVATION OF JURISDICTION APPROACH
  2. CASH OUT APPROACH
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5
Q

3

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

WHEN TO USE VAN CAMP

A
  1. WHEN CHARACTER OF BUSINESS THE CAUSE FOR ITS GROWTH
  2. SPOUSE WAS WELL COMPENSATED DURING THE MARRIAGE
  3. COMMUNITY ALREADY BENEFITED FROM BUSINESS
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6
Q

2

FIDUCIARY DUTIES OWED BY SPOUSES TO EACH OTHER

A
  1. FULL DISCLOSURE OF MATERIAL FACTS
  2. GOOD FAITH AND FAIR DEALINGS
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7
Q

3

FIDUCIARY DUTIES OWED SPOUSES - DUTY OF GOOD FAITH AND FAIR DEALING

A
  1. SPOUSES MUST OPERATE WITH HIGHEST DEGREE OF GOOD FAITH
  2. MAKE FAIR DEALINGS WITH OTHER SPOUSE
  3. NEVER TAKE UNFAIR ADVANTAGE OF OTHER SPOUSE
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8
Q

3

“OF SOUND MIND” - TESTATOR MUST UNDERSTAND

A
  1. NATURE OF TESTAMENTARY ACT OR
  2. NATURE AND SITUATION OF HIS PROPERTY OR
  3. HIS RELATIONSHIPS W/PARTIES AFFECTED BY WILL
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9
Q

3

REVOCATION BY OPERATION OF LAW - PRETERMITTED SPOUSE OR CHILD WILL NOT RECIEVE INTESTATE SHARE WHERE

A
  1. INTENTIONALLY OMMITTED ON FACE OF WILL
  2. OTHEREWISE PROVIDED FOR IN LIEU OF WILL
  3. DECEDENT DEVISED SUBSTANTIALLY ALL OF ESTATE TO PARENT OF OMMITTED CHILD
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10
Q

2

DEMONSTRATIVE GIFTS

A
  1. GENERAL GIFTS
  2. SPECIFYING PROPERTY OR PARTICULAR FUND FROM WHICH GIFT SHOULD BE MADE
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11
Q

1

A DEVISE ADEEMS BY SATISFACTION WHEN

A
  1. BENEFICIARY RECEIVES DEVISE DURING TESTATOR’S LIFETIME
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12
Q

3

SIMULTANEOUS DEATH OF TESTATOR AND BENEFICIARY - WHERE TESTATOR AND BENEFICIARY DIE SIMULATENOUSLY

A
  1. IF NO CLEAR AND CONVINCING EVIDENCE THAT BENEFICIARY DIED FIRST
  2. BENEFICIARY WILL BE DETERMINED TO HAVE DIED FIRST
  3. TRIGGERING LAPSE AND ANTILAPSE STATUTES
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13
Q

4

ADVANCEMENT

A
  1. PERSON DIES INTESTATE
  2. PROPERTY GIVEN TO HEIR DURING DECEDENT’S LIFETIME AS PART OF HEIR’S SHARE OF DECEDENT’S ESTATE
  3. DECLARANT DECLARED GIFT IN WRITING
  4. HEIR ACKNOWLEDGED GIFT IN WRITING
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14
Q

3

MODERN PER STIRPES OR PER CAPITA WITH REPRESENTATION

A
  1. EQUAL DISTRIBUTION AT FIRST LEVEL HEIRS
  2. WHERE FIRST LEVEL HEIRS DECEASED, THEIR SHARES ARE DIVIDED EVENLY AMONG THEIR ISSUE
  3. IF FIRST LEVEL HEIRS LEFT NO ISSUE, THEIR SHARES ARE DIVIDED EVENLY AMONG NEXT LEVEL
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15
Q

3

QUASI-CONTRACT SCENARIOS

A
  1. NO ATTEMPT TO CONTRACT
  2. UNENFORCEABLE CONTRACT
  3. BREACHED CONTRACT
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16
Q

6

REQUIRED SHOWINGS FOR SPECIFIC PERFORMANCE

A
  1. INADEQUATE REMEDY AT LAW
  2. VALID CONTRACT WITH DEFINITE AND CERTAIN TERMS CAPABLE OF ENFORCEMENT
  3. SATISFACTION OF PLAINTIFF’S CONTRACT DUTIES
  4. MUTUALITY OF PERFORMANCE
  5. FEASIBILITY OF ENFORCEMENT
  6. NO AVAILABLE DEFENSES
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17
Q

3

SPECIAL WARRANTY DEED

A
  1. GRANTOR WARRANTS ONLY ON HIS BEHALF
  2. THAT HE HAS ONLY CONVEYED THE PROPERTY TO NOONE BUT GRANTEE
  3. AND PROPERTY IS FREE FROM ANY ENCUMBRANCES HE MADE
18
Q

3

BONA FIDE PURCHASER FOR VALUE W/OUT NOTICE

A
  1. TAKES PROPERTY FOR VALUE
  2. PAYS CONSIDERATION OF AT LEAST MORE THAN NOMINAL VALUE
  3. WITHOUT NOTICE OF PRIOR INTEREST
19
Q

4

REMEDIES FOR BREACH OF IMPLIED WARRANTY OF HABITIBALITY AND LANDLORD’S RECOURSE - TENANT MAY

A
  1. TERMINATE LEASE AND MOVE OUT OR
  2. MAKE REPAIRS AND DEDUCT COST FROM RENT OR
  3. PAY REDUCED RENT, REMAIN ON PREMISES AND SUE FOR DAMAGES
  4. LANDLORD MAY NOT EVICT FOR SEEKING REMEDIES
20
Q

1

LIABILITY OF OLD TENANT TO LANDLORD FOR RENTAL PAYMENTS IN A SUBLEASE

A
  1. OLD TENANT IS STILL LIABLE TO LANDLORD FOR RENTAL PAYMENTS BECAUSE OF PRIVITY OF CONTRACT.
21
Q

3

REMEDY FOR MISUSE OF EASEMENT

A
  1. INJUNCTION
  2. DAMAGES
  3. NOT REMOVAL OF EASEMENT
22
Q

3

REAL COVENANT - REQUIREMENTS FOR A BENEFIT TO RUN WITH THE LAND

A
  1. INTENT
  2. TOUCH AND CONCERN
  3. VERTICAL PRIVITY
23
Q

2

REMOVAL TIMING LIMITS

A
  1. MOTION TO REMOVE MUST BE FILED W/IN 30 DAYS AFTER FILING FIRST REMOVEABLE PLEADING
  2. MUST HAPPEN W/IN YEAR OF CASE FILING
24
Q

2

INTERROGATION OCCURS WHEN POLICE USE

A
  1. WORDS OR ACTIONS
  2. REASONABLY LIKELY TO ELLICIT INCRIMINATING RESPONSES
25
Q

2

JEOPARDY ATTACHES WHEN

A
  1. JURY TRIAL - JURY EMPANELED AND SWORN IN.
  2. BENCH TRIAL - FIRST WITNESS SWORN IN.
26
Q

2

COMPETENCE TO STAND TRIAL - DEFENDANT IS AWARE OF

A
  1. NATURE OF PROCEEDINGS AGAINST HIM
  2. POSSIBLE CONSEQUENCES OF PROCEEDING
27
Q

3

AGGRAVATED ASSAULT

A
  1. A SPECIFIC INTENT CRIME
  2. WHERE DEFENDANT ATTEMPTS BATTERY WITH A WEAPON
  3. OR CAUSES VICTIM TO APPREHEND IMMINENT HARMFUL OR OFFENSIVE CONTACT WITH VICTIM’S PERSON BY USE OF A WEAPON.
28
Q

1

GENERAL INTENT CRIME REQUIRES THIS LEVEL OF MENS REA

A
  1. ONLY TO COMMIT THE LEGALLY PROSCRIBED CONDUCT.
29
Q

2

RECORDS OF RELIGIOUS ORGANIZATIONS HEARSAY EXCEPTION

A
  1. REGULARLY KEPT RECORDS OF RELIGIOUS ORGANIZATIONS
  2. WITH FACTS OF PERSONAL OR FAMILY HISTORY
30
Q

3

MERCHANT

A
  1. BY OCCUPATION DEALS WITH WITH THE TYPE OF GOODS IDENTIFIED BY THE CONTRACT
  2. OR HAS KNOWLEDGE OR SKILLS PECULIAR TO THE GOODS INVOLVED
  3. OR EMPLOYS AN AGENT WITH SUCH KNOWLEDGE OR SKILL.
31
Q

3

UCC VARYING TERMS IN ACCEPTANCE - BOTH PARTIES ARE MERCHANTS - VARYING TERMS IN THE ACCEPTANCE NOT INCLUDED IN THE CONTRACT WHERE

A
  1. WHERE THEY MATERIALLY ALTER CONTRACT
  2. WHERE PARTY TO BE BOUND OBJECTS TO TERMS WITHIN A REASONABLE PERIOD OF TIME
  3. WHERE OFFER EXPRESSLY LIMITS ACCEPTANCE
32
Q

2

WHERE THE DEFENDANT MAY RAISE THE DEFENSE OF IMPOSSIBILITY TO CONTRACT FORMATION

A
  1. DUE TO EVENTS BEYOND THE PARTIES’ CONTROL PERFORMANCE OF THE CONTRACT IS IMPOSSIBLE
  2. EXCUSING ALL PARTIES’ PERFORMANCE DUE TO FAILURE OF AN IMPLIED MATERIAL CONDITION THAT PERFORMANCE IS OBJECTIVELY POSSIBLE.
33
Q

2

OPTION CONTRACT

A
  1. CONTRACT CREATED WHEN OFFEREE GIVES OFFEREE CONSIDERATION
  2. IN EXCHANGE FOR A PROMISE TO LEAVE THE OFFER OPEN FOR AN AGREED UPON PERIOD OF TIME.
34
Q

2

ATTORNEY’S DUTY WHEN ROGUE EMPLOYEE THREATENS A REPRESENTED BUSINESS - ABA

A
  1. REPORT UP THE CHAIN OF COMMAND
  2. IF FAILS AT HIGHEST LEVEL, REPORT OUTSIDE TO EXTENT NECESSARY
35
Q

2

BATTERY - LIABILITY ARISES WHERE

A
  1. DEFENDANT INTENTIONALLY ACTS TO CAUSE AND DOES CAUSE
  2. A TOUCHING A PLIATNIFF’S PERSON THAT RESULTS IN A HARMFUL OR OFFENSIVE CONTACT.
36
Q

2

PRIVATE CITIZEN DEFENDANT MAY USE THE DEFENSE OF AUTHORITY OF LAW WHERE

A
  1. USED REASONABLE FORCE
  2. TO PREVENT OR STOP COMMISSION OF SERIOUS CRIME OCCURRING IN HIS PRESENCE
37
Q

1

TRESSPASS TO LAND - LIABILITY ARISES WHERE DEFENDANT

A
  1. INTENTIONALLY CAUSES ENTRY ONTO, UNDER, OR ABOVE PLAINTIFF’S LAND WITHOUT AUTHORIZATION
38
Q

4

PROXIMATE CAUSE - TORTS

A
  1. AN EVENT LINKING TOGETHER TOGETHER A CHAIN OF EVENTS
  2. UNBROKEN BY ANY UNFORESEEABLE INTERVENING EVENTS
  3. THAT SO DIRECTLY, FORESEEABLY AND NATURALLY RESULTS IN THE PLAINTIFF’S INJURY
  4. THE LAW IMPOSES CIVIL LIABILITY.
39
Q

1

RAPE SHIELD - FRE - CIVIL CASE - REPUTATION, SPECIFIC ACTS AND OPININON ARE ONLY ADMISSIBLE WHERE

A
  1. PROBATIVE VALUE OUTWEIGHS PREJUDICE
40
Q

1

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

A
  1. THE DEFENDANT HAS THE SAME TRAIT.
41
Q

1

SPOUSAL DISPOSITION POWER OVER PERSONAL ASSETS DOES NOT INCLUDE

A
  1. TESTAMENTARY CONTROL
42
Q

1

PUNITIVE DAMAGES WILL ONLY BE AWARDED WHERE

A
  1. OTHER DAMAGES ARE ALSO AWARDED

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

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