Deck I (412-462) Flashcards
2
PIERCING THE CORPORATE VEIL CAUSES- ALTER EGO
- CORPORATE FORMALITIES IGNORED
- PERSONAL FUNDS COMMINGLED
2
STOCK SHARES DEFINITION
- EQUITY SECURITIES
- GRANTING SHAREHOLDER INTEREST IN CORPORATION
1
CORPORATE OFFICERS - APPOINTMENT
- APPOINTED BY BOARD
3
CORPORATE OFFICERS AND DIRECTORS - FUDICIARY DUTIES - OFFICERS AND DIRECTORS HAVE A DUTY OF
- CARE
- LOYALTY
- DISCLOSURE
2
TYPES OF PARTNERSHIPS
- GENERAL PARTNERSHIP
- LIMITED PARTNERSHIP
3
RUPA AND PARTNERSHIP AGREEMENTS - PARTNERS CAN AGREE TO BE GOVERNED BY
- RULES DIFFERENT FROM RUPA
- RULES FROM RUPA AND ALTERNATIVE RULES
- BUT CERTAIN RUPA RULES CANNOT BE WAIVED.
3
PERSONAL LIABILITY OF PARTNERS FOR PARTNERSHIP DEBTS
- JOINTLY AND SEVERALLY LIABILITY FOR PARTNERSHP LIABILITIES
- INDEMNIFICATION
- CONTRIBUTION RIGHTS
1
REGISTERED DOMESTIC PARTNERSHIPS
- REGISTERED DOMESTIC PARTNERS ARE AFFORDED SAME RIGHTS AND PROTECTIONS AS MARRIED PARTNERS
3
EXHAUSTION METHOD
- FUNDS IN COMMUNITY ACCOUNT DEPLETED
- ONLY FUNDS IN SP ACCOUNT AVAILABLE
- WHEN PROPERTY PURCHASED
1
PREMARITAL AGREEMENTS AND CHILD SUPPORT
- CHILD SUPPORT CANNOT BE WAIVED BY PREMARITAL AGREEMENT
2
HOLOGRAPHIC WILL - CAUSES OF INVALIDITY WHERE INCONSISTENCIES
- MISSING DATE
- DOUBT AS TO WHETHER OR NOT ANOTHER WILL CONTROLS
2
GENERAL GIFTS
- NOT SPECIFIC PROPERTY
- FROM GENERAL ASSETS OF ESTATE
3
ATTESTED WILLS REQUIRE
- EXECUTION BY TESTATOR
- IN THE PRESENCE OF
- AT LEAST TWO COMPETENT AND DISINTERESTED WITNESSES
6
INCIDENTAL DAMAGES FOR BUYERS - EXPENSES REASONABLY INCURRED FOR RIGHTFULLY REJECTED GOODS INCLUDE
- INSPECITION
- RECEIPT
- TRANSPORTATION
- CARE
- CUSTODY OF GOODS
- AND OTHER EXPENSES INCIDENTAL TO SELLER’S BREACH
5
SOF REQUIREMENTS FOR LAND SALE CONTRACT
- CONTRACT IN WRITING
- NAMES PARTIES
- SIGNED BY PARTY TO BE BOUND
- SUFFICIENTLY DESCRIBES LAND
- STATES CONSIDERATION
2
LAND SALE CONTRACT - IMPLIED PROMISE OF MARKETABLE TITLE IMPLIEDLY PROMISES TO:
- DELIVER MARKETABLE TITLE AT THE END OF CLOSING
- FREE FROM REASONABLE DOUBT REGARDING SELLER’S ABILITY TO CONVEY PROPERTY AS REPRESENTED
1
RACE-NOTICE STATUTE
- SUBSEQUENT BFP THAT RECORDS FIRST PREVAILS OVER GRANTEE THAT DIDN’T RECORD FIRST
2
CONSTRUCTIVE EVICTION APPLIES TO THESE LEASES
- RESIDENTIAL LEASES
- COMMERCIAL LEASES
4
MODERN TORT LIABILITY OF LANDLORD - LANDLORDS HAVE A DUTY TO
- MAINTAIN COMMON AREAS
- FIX LATENT DEFECT OF WHICH THEY HAVE KNOWLEDGE
- MAKE NONNEGLIGENT REPAIRS
- INSPECT FOR DEFECTS WHERE PREMISES ARE HELD OPEN TO THE PUBLIC
1
LIABILITY OF NEW TENANT WITH ASSIGNED LEASE TO LANDLORD
- NEW TENANT IS RESPONSIBLE TO LANDLORD FOR RENTAL PAYMENTS DUE TO PRIVITY OF ESTATE
3
EASEMENT CREATION BY NECESSITY
- OWNER DIVIDES TRACT
- DEPRIVING ONE LOT ACCESS TO SERVICE
- PRIOR USE OF SERVIENT NOT REQUIRED
4
EASEMENT BY PRESCRIPTION REQUIREMENTS
- CONTINUOUS USE FOR STATUATORY PERIOD
- OPEN AND NOTORIOUS USE
- HOSTILE USE
- TACKING OK
2
REAL COVENANT -
WHERE BFP FOR VALUE HAS NO NOTICE, HE WILL NOT BE
- BOUND BY A REAL COVENANT
- BURDENING THE LAND
1
WHERE IMPROVED LAND COLLAPSES, TO ESTABLISH LIABILITY OF EXCAVATOR, PLAINTIFF MUST SHOW
- EXCAVATOR WAS NEGLIGENT.
3
ESTABLISHING A DUTY OF TRUST FOR 10(b)(5) -2 CAUSING MISAPPROPRIATION FOR BREACH
- PERSON AGREES TO MAINTAIN INFORMATION IN CONFIDENCE OR
- RELATIONSHIP BETWEEN THE PARTIES ESTABLISHES AN EXPECTATION OF CONFIDENCE OR
- FAMILIAL RELATIONSHIP WITH AN UNDERSTANDING INFORMATION IS MATERIAL, NONPUBLIC AND CONFIDENTIAL.
1
VENUE IS PROPER WHERE DEFENDANT RESIDES VS. WHERE THE DISPUTED PROPERTY IS LOCATED IN THESE TYPE OF ACTIONS- FEDERAL
- TRANSITORY ACTIONS
2
MEETING 75,000 FOR DIVERSITY IN A CLASS ACTION
- A CLASS REPRESENTATIVE MUST INDIVIDUALLY MEET THE 75,000 BENCHMARK.
- AGGREGATION OF ALL CLAIMS IN CLASS NOT ALLOWED.
1
ATTORNEY WORK PRODUCT - FEDERAL - ATTORNEY WORK PRODUCT IS MATERIAL WHEN
- PREPARED IN ANTICIPATION OF LITIGATION
1
FINAL JUDGMENT RULE
- ONLY FINAL JUDGMENTS MAY BE APPEALED
1
CONGRESSIONAL POWERS - CONGRESS MAY DELEGATE ITS REGULATORY POWERS TO OTHER BRANCHES OF GOVERNMENT WHERE
- INTELLIGIBLE PRINCIPALS GOVERN THE EXERCISE OF THIS AUTHORITY
2
MAGISTRATE ISSUING SEARCH/ARREST WARRANT REQUIREMENTS
- NEUTRAL
- DETACHED FROM CASE
1
MIRANDA ONLY APPLIES TO THESE INTERROGATIONS
- CUSTODIAL INTERROGATIONS
4
THE MIRANDA WARNINGS ARE
- YOU HAVE THE RIGHT TO REMAIN SILENT
- ANYTHING YOU SAY CAN BE USED AGAINST YOU IN A COURT OF LAW
- YOU HAVE THE RIGHT TO AN ATTORNEY
- IF YOU CANNOT AFFORD AN ATTORNEY, THE COURT WILL APPOINT ONE FOR YOU.
2
THIRD PARTY TESTIMONIAL STATEMENTS ADVERSE TO DEFENDANT ARE ONLY ADMISSIBLE AGAINST DEFENDANT WHERE
- DECLARANT IS AVAILABLE FOR X-EXAM WHEN STATEMENT IS MADE
- OR AVAILABLE FOR X-EXAM AT TRIAL
1
DRUG SMELLING DOGS MAY CONSTITUTE SENSORY ENHANCING TECHNOLOGY WHERE USED
- ON A FRONT PORCH
3
RES GESTAE OF A FELONY - START TO FINISH
- BEGINS WITH THE FIRT SUBSTANTIAL STEP TAKEN TOWARD THE FELONY’S COMMISSION
- ENDS WITH THE ARRIVAL AT A PLACE OF RELATIVE SAFETY
- AFTER COMPLETION OF THE FELONY OR ITS ABANDONMENT.
2
STATEMENT OF AGENT HEARSAY EXCEPTION
- STATEMENT OF EMPLOYEE WHILE IN THE SCOPE OF JOB
- WHO IS AUTHORIZED TO SPEAK ON EMPLOYER’S BEHALF.
1
REQUIREMENT FOR CONSIDERATION FOR MODFICATION OF CONTRACT UNDER THE UCC
- MODIFICATION OF CONTRACT FOR THE SALE OF GOODS DOES NOT NEED CONSIDERATION FOR THE SALE OF GOODS TO BE BINDING AT LAW.
1
WHAT CONSTITUTES AN ANTICIPATORY BREACH
- A CLEAR STATEMENT OR INDICATION THAT THE BREACHING PARTY WILL NOT PERFORM FUTURE CONTRACTUAL DUTIES WHEN THEY BECOME DUE.
1
WHEN MAY THE NONBREACHING BUYER SEEK SPECIFIC PERFORMANCE?
- THE NONBREACHING BUYER MAY SEEK SPECIFIC PERFORMANCE WHEN THE SUBJECT GOODS WERE UNIQUE.
2
ENFORCEABLITY OF DELEGATION OF UNIQUE SERVICES
- WHERE THE CONTRACT DUTIES ARE PERFORMANCE OF PROMISEE’S UNIQUE SERVICES OR ATTRIBUTES
- THEY WILL NOT BE CONSIDERED DELEGABLE TO A THIRD PARTY.
3
CA COMPETENCY REQUIREMENTS - FAILURE TO PERFORM COMPETENTLY MUST NOT BE A RESULT OF ATTORNEY FAILING
- INTENTIONALLY
- RECKLESSLY
- REPEATEDLY
3
EXCEPTIONS TO ONE LAWYER’S COI DISQUALIFYING ENTIRE FIRM - COI RESULTS FROM
- LAWYER’S PERSONAL INTEREST OR
- LAWYER’S IS SCREENED FROM PARTICIPATION IN SUBJECT MATTER OF FORMER REPRESENTATION, GIVEN NO FEE AND FORMER CLIENT IS NOTIFIED IN WRITING OR
- LAWYER IS LEAVING THE FIRM
1
DUTY TO NOT SUBORN PERJURY - ATTORNEY MUST NOT
- CALL A WITNESS THAT THE LAWYER KNOWS WILL PERJUR HIMSELF.
2
THESE TWO FORMS OF DEFAMATION DO NOT REQUIRE PROOF OF SPECIAL DAMAGES
- LIBEL
- OR SLANDER PER SE
3
PRODUCT DEFECT - PLAINTIFF MUST PROVE A MANUFACTURER DEFENDANT
- MANUFACTURED PRODUCT
- THAT WAS UNREASONABLY DANGEROUS WHEN IT LEFT DEFENDANT’S CONTROL
- CAUSING PLAINTIFF HARM
1
PARTNERSHIP AGREEMENTS - WHERE A PARTNERSHIP ISSUE IS NOT ADDRESSED,
- RUPA WILL GOVERN
1
UNIFORM PRUDENT INVESTOR ACT - FOR TRUST INVESTMENTS - THE STRATEGY OF RISK AND RETURN OBJECTIVE SHOULD BE
- REASONABLY SUITED TO THE TRUST
2
EVIDENCE - CHARACTER EVIDENCE IS INADMISSIBLE TO SHOW
- CONDUCT IN CONFORMITY WITH CHARACTER
- ON A PARTICULAR OCCASION
2
REAL EVIDENCE MAY BE AUTHENTICATED BY
- DISTINCTIVE CHARACTERISTICS
- CHAIN OF CUSTODY
1
AN ERROR IS HARMLESS WHERE THERE IS
- NO REASONABLE DOUBT THE CASE WOULD HAVE COME OUT DIFFERENTLY
AN ATTESTED WILL IS
A WITNESSED WILL
