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CA Bar Outlined and Numbered (with prompts) > Deck I (412-462) > Flashcards

Deck I (412-462) Flashcards

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1
Q
A
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2
Q

2

PIERCING THE CORPORATE VEIL CAUSES- ALTER EGO

A
  1. CORPORATE FORMALITIES IGNORED
  2. PERSONAL FUNDS COMMINGLED
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3
Q

2

STOCK SHARES DEFINITION

A
  1. EQUITY SECURITIES
  2. GRANTING SHAREHOLDER INTEREST IN CORPORATION
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4
Q

1

CORPORATE OFFICERS - APPOINTMENT

A
  1. APPOINTED BY BOARD
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5
Q

3

CORPORATE OFFICERS AND DIRECTORS - FUDICIARY DUTIES - OFFICERS AND DIRECTORS HAVE A DUTY OF

A
  1. CARE
  2. LOYALTY
  3. DISCLOSURE
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6
Q

2

TYPES OF PARTNERSHIPS

A
  1. GENERAL PARTNERSHIP
  2. LIMITED PARTNERSHIP
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7
Q

3

RUPA AND PARTNERSHIP AGREEMENTS - PARTNERS CAN AGREE TO BE GOVERNED BY

A
  1. RULES DIFFERENT FROM RUPA
  2. RULES FROM RUPA AND ALTERNATIVE RULES
  3. BUT CERTAIN RUPA RULES CANNOT BE WAIVED.
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8
Q

3

PERSONAL LIABILITY OF PARTNERS FOR PARTNERSHIP DEBTS

A
  1. JOINTLY AND SEVERALLY LIABILITY FOR PARTNERSHP LIABILITIES
  2. INDEMNIFICATION
  3. CONTRIBUTION RIGHTS
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9
Q

1

REGISTERED DOMESTIC PARTNERSHIPS

A
  1. REGISTERED DOMESTIC PARTNERS ARE AFFORDED SAME RIGHTS AND PROTECTIONS AS MARRIED PARTNERS
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10
Q

3

EXHAUSTION METHOD

A
  1. FUNDS IN COMMUNITY ACCOUNT DEPLETED
  2. ONLY FUNDS IN SP ACCOUNT AVAILABLE
  3. WHEN PROPERTY PURCHASED
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11
Q

1

PREMARITAL AGREEMENTS AND CHILD SUPPORT

A
  1. CHILD SUPPORT CANNOT BE WAIVED BY PREMARITAL AGREEMENT
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12
Q

2

HOLOGRAPHIC WILL - CAUSES OF INVALIDITY WHERE INCONSISTENCIES

A
  1. MISSING DATE
  2. DOUBT AS TO WHETHER OR NOT ANOTHER WILL CONTROLS
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13
Q

2

GENERAL GIFTS

A
  1. NOT SPECIFIC PROPERTY
  2. FROM GENERAL ASSETS OF ESTATE
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14
Q

3

ATTESTED WILLS REQUIRE

A
  1. EXECUTION BY TESTATOR
  2. IN THE PRESENCE OF
  3. AT LEAST TWO COMPETENT AND DISINTERESTED WITNESSES
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15
Q

6

INCIDENTAL DAMAGES FOR BUYERS - EXPENSES REASONABLY INCURRED FOR RIGHTFULLY REJECTED GOODS INCLUDE

A
  1. INSPECITION
  2. RECEIPT
  3. TRANSPORTATION
  4. CARE
  5. CUSTODY OF GOODS
  6. AND OTHER EXPENSES INCIDENTAL TO SELLER’S BREACH
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16
Q

5

SOF REQUIREMENTS FOR LAND SALE CONTRACT

A
  1. CONTRACT IN WRITING
  2. NAMES PARTIES
  3. SIGNED BY PARTY TO BE BOUND
  4. SUFFICIENTLY DESCRIBES LAND
  5. STATES CONSIDERATION
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17
Q

2

LAND SALE CONTRACT - IMPLIED PROMISE OF MARKETABLE TITLE IMPLIEDLY PROMISES TO:

A
  1. DELIVER MARKETABLE TITLE AT THE END OF CLOSING
  2. FREE FROM REASONABLE DOUBT REGARDING SELLER’S ABILITY TO CONVEY PROPERTY AS REPRESENTED
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18
Q

1

RACE-NOTICE STATUTE

A
  1. SUBSEQUENT BFP THAT RECORDS FIRST PREVAILS OVER GRANTEE THAT DIDN’T RECORD FIRST
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19
Q

2

CONSTRUCTIVE EVICTION APPLIES TO THESE LEASES

A
  1. RESIDENTIAL LEASES
  2. COMMERCIAL LEASES
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20
Q

4

MODERN TORT LIABILITY OF LANDLORD - LANDLORDS HAVE A DUTY TO

A
  1. MAINTAIN COMMON AREAS
  2. FIX LATENT DEFECT OF WHICH THEY HAVE KNOWLEDGE
  3. MAKE NONNEGLIGENT REPAIRS
  4. INSPECT FOR DEFECTS WHERE PREMISES ARE HELD OPEN TO THE PUBLIC
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21
Q

1

LIABILITY OF NEW TENANT WITH ASSIGNED LEASE TO LANDLORD

A
  1. NEW TENANT IS RESPONSIBLE TO LANDLORD FOR RENTAL PAYMENTS DUE TO PRIVITY OF ESTATE
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22
Q

3

EASEMENT CREATION BY NECESSITY

A
  1. OWNER DIVIDES TRACT
  2. DEPRIVING ONE LOT ACCESS TO SERVICE
  3. PRIOR USE OF SERVIENT NOT REQUIRED
23
Q

4

EASEMENT BY PRESCRIPTION REQUIREMENTS

A
  1. CONTINUOUS USE FOR STATUATORY PERIOD
  2. OPEN AND NOTORIOUS USE
  3. HOSTILE USE
  4. TACKING OK
24
Q

2

REAL COVENANT -

WHERE BFP FOR VALUE HAS NO NOTICE, HE WILL NOT BE

A
  1. BOUND BY A REAL COVENANT
  2. BURDENING THE LAND
25
Q

1

WHERE IMPROVED LAND COLLAPSES, TO ESTABLISH LIABILITY OF EXCAVATOR, PLAINTIFF MUST SHOW

A
  1. EXCAVATOR WAS NEGLIGENT.
26
Q

3

ESTABLISHING A DUTY OF TRUST FOR 10(b)(5) -2 CAUSING MISAPPROPRIATION FOR BREACH

A
  1. PERSON AGREES TO MAINTAIN INFORMATION IN CONFIDENCE OR
  2. RELATIONSHIP BETWEEN THE PARTIES ESTABLISHES AN EXPECTATION OF CONFIDENCE OR
  3. FAMILIAL RELATIONSHIP WITH AN UNDERSTANDING INFORMATION IS MATERIAL, NONPUBLIC AND CONFIDENTIAL.
27
Q

1

VENUE IS PROPER WHERE DEFENDANT RESIDES VS. WHERE THE DISPUTED PROPERTY IS LOCATED IN THESE TYPE OF ACTIONS- FEDERAL

A
  1. TRANSITORY ACTIONS
28
Q

2

MEETING 75,000 FOR DIVERSITY IN A CLASS ACTION

A
  1. A CLASS REPRESENTATIVE MUST INDIVIDUALLY MEET THE 75,000 BENCHMARK.
  2. AGGREGATION OF ALL CLAIMS IN CLASS NOT ALLOWED.
29
Q

1

ATTORNEY WORK PRODUCT - FEDERAL - ATTORNEY WORK PRODUCT IS MATERIAL WHEN

A
  1. PREPARED IN ANTICIPATION OF LITIGATION
30
Q

1

FINAL JUDGMENT RULE

A
  1. ONLY FINAL JUDGMENTS MAY BE APPEALED
31
Q

1

CONGRESSIONAL POWERS - CONGRESS MAY DELEGATE ITS REGULATORY POWERS TO OTHER BRANCHES OF GOVERNMENT WHERE

A
  1. INTELLIGIBLE PRINCIPALS GOVERN THE EXERCISE OF THIS AUTHORITY
32
Q

2

MAGISTRATE ISSUING SEARCH/ARREST WARRANT REQUIREMENTS

A
  1. NEUTRAL
  2. DETACHED FROM CASE
33
Q

1

MIRANDA ONLY APPLIES TO THESE INTERROGATIONS

A
  1. CUSTODIAL INTERROGATIONS
34
Q

4

THE MIRANDA WARNINGS ARE

A
  1. YOU HAVE THE RIGHT TO REMAIN SILENT
  2. ANYTHING YOU SAY CAN BE USED AGAINST YOU IN A COURT OF LAW
  3. YOU HAVE THE RIGHT TO AN ATTORNEY
  4. IF YOU CANNOT AFFORD AN ATTORNEY, THE COURT WILL APPOINT ONE FOR YOU.
35
Q

2

THIRD PARTY TESTIMONIAL STATEMENTS ADVERSE TO DEFENDANT ARE ONLY ADMISSIBLE AGAINST DEFENDANT WHERE

A
  1. DECLARANT IS AVAILABLE FOR X-EXAM WHEN STATEMENT IS MADE
  2. OR AVAILABLE FOR X-EXAM AT TRIAL
36
Q

1

DRUG SMELLING DOGS MAY CONSTITUTE SENSORY ENHANCING TECHNOLOGY WHERE USED

A
  1. ON A FRONT PORCH
37
Q

3

RES GESTAE OF A FELONY - START TO FINISH

A
  1. BEGINS WITH THE FIRT SUBSTANTIAL STEP TAKEN TOWARD THE FELONY’S COMMISSION
  2. ENDS WITH THE ARRIVAL AT A PLACE OF RELATIVE SAFETY
  3. AFTER COMPLETION OF THE FELONY OR ITS ABANDONMENT.
38
Q

2

STATEMENT OF AGENT HEARSAY EXCEPTION

A
  1. STATEMENT OF EMPLOYEE WHILE IN THE SCOPE OF JOB
  2. WHO IS AUTHORIZED TO SPEAK ON EMPLOYER’S BEHALF.
39
Q

1

REQUIREMENT FOR CONSIDERATION FOR MODFICATION OF CONTRACT UNDER THE UCC

A
  1. MODIFICATION OF CONTRACT FOR THE SALE OF GOODS DOES NOT NEED CONSIDERATION FOR THE SALE OF GOODS TO BE BINDING AT LAW.
40
Q

1

WHAT CONSTITUTES AN ANTICIPATORY BREACH

A
  1. A CLEAR STATEMENT OR INDICATION THAT THE BREACHING PARTY WILL NOT PERFORM FUTURE CONTRACTUAL DUTIES WHEN THEY BECOME DUE.
41
Q

1

WHEN MAY THE NONBREACHING BUYER SEEK SPECIFIC PERFORMANCE?

A
  1. THE NONBREACHING BUYER MAY SEEK SPECIFIC PERFORMANCE WHEN THE SUBJECT GOODS WERE UNIQUE.
42
Q

2

ENFORCEABLITY OF DELEGATION OF UNIQUE SERVICES

A
  1. WHERE THE CONTRACT DUTIES ARE PERFORMANCE OF PROMISEE’S UNIQUE SERVICES OR ATTRIBUTES
  2. THEY WILL NOT BE CONSIDERED DELEGABLE TO A THIRD PARTY.
43
Q

3

CA COMPETENCY REQUIREMENTS - FAILURE TO PERFORM COMPETENTLY MUST NOT BE A RESULT OF ATTORNEY FAILING

A
  1. INTENTIONALLY
  2. RECKLESSLY
  3. REPEATEDLY
44
Q

3

EXCEPTIONS TO ONE LAWYER’S COI DISQUALIFYING ENTIRE FIRM - COI RESULTS FROM

A
  1. LAWYER’S PERSONAL INTEREST OR
  2. LAWYER’S IS SCREENED FROM PARTICIPATION IN SUBJECT MATTER OF FORMER REPRESENTATION, GIVEN NO FEE AND FORMER CLIENT IS NOTIFIED IN WRITING OR
  3. LAWYER IS LEAVING THE FIRM
45
Q

1

DUTY TO NOT SUBORN PERJURY - ATTORNEY MUST NOT

A
  1. CALL A WITNESS THAT THE LAWYER KNOWS WILL PERJUR HIMSELF.
46
Q

2

THESE TWO FORMS OF DEFAMATION DO NOT REQUIRE PROOF OF SPECIAL DAMAGES

A
  1. LIBEL
  2. OR SLANDER PER SE
47
Q

3

PRODUCT DEFECT - PLAINTIFF MUST PROVE A MANUFACTURER DEFENDANT

A
  1. MANUFACTURED PRODUCT
  2. THAT WAS UNREASONABLY DANGEROUS WHEN IT LEFT DEFENDANT’S CONTROL
  3. CAUSING PLAINTIFF HARM
48
Q

1

PARTNERSHIP AGREEMENTS - WHERE A PARTNERSHIP ISSUE IS NOT ADDRESSED,

A
  1. RUPA WILL GOVERN
49
Q

1

UNIFORM PRUDENT INVESTOR ACT - FOR TRUST INVESTMENTS - THE STRATEGY OF RISK AND RETURN OBJECTIVE SHOULD BE

A
  1. REASONABLY SUITED TO THE TRUST
50
Q

2

EVIDENCE - CHARACTER EVIDENCE IS INADMISSIBLE TO SHOW

A
  1. CONDUCT IN CONFORMITY WITH CHARACTER
  2. ON A PARTICULAR OCCASION
51
Q

2

REAL EVIDENCE MAY BE AUTHENTICATED BY

A
  1. DISTINCTIVE CHARACTERISTICS
  2. CHAIN OF CUSTODY
52
Q

1

AN ERROR IS HARMLESS WHERE THERE IS

A
  1. NO REASONABLE DOUBT THE CASE WOULD HAVE COME OUT DIFFERENTLY
53
Q

AN ATTESTED WILL IS

A

A WITNESSED WILL

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

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