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CA Bar Outlined and Numbered (with prompts) > deck J (463-513) > Flashcards

deck J (463-513) Flashcards

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MBE flashcards
1
Q
A
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2
Q

3

STOCK SUBSCRIPTION AGREEMENT

A
  1. WRITTEN PROMISE TO BUY SHARES OF STOCK
  2. POST-INC IMMEDIATELY BINDING
  3. PRE-INC IRREVOCABLE FOR SIX MONTHS AND MUST BE ACCEPTED BY CORPORATION
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3
Q

1

LIABILITY OF OUTGOING PARTNERS

A
  1. OUTGOING PARTNERS ARE LIABLE FOR PRE-DISASSOCIATION DEBT
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4
Q

4

DISSOLUTION OF LIMITED PARTNERSHIP

A
  1. AT TIME SPECIFIED IN LP AGREEMENT
  2. UPON WRITTEN CONSENT OF ALL PARTNERS
  3. UPON DISASSOCIATION OF GENERAL PARTNER UNLESS OTHERWISE AGREED
  4. UPON JUDICIAL DECREE
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5
Q

3

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

A
  1. 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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6
Q

4

DEBT - LIABILITY OF COMMUNITY FOR TORTFEASOR SPOUSE

A
  1. COMMUNITY IS NOT LIABLE FOR TORTS OF SPOUSE
  2. UNLESS TORT COMMITTED FOR BENEFIT OF COMMUNITY
  3. COMMUNITY FUNDS MAY BE USED ONCE SEPARATE FUNDS ARE EXHAUSTED
  4. REIMBURSEMENT ALLOWED WHERE ONE ESTATE PAYS FOR THE LIABILITY OF ANOTHER
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7
Q

1

REGISTERED DOMESTIC PARTNERSHIPS

A
  1. REGISTERED DOMESTIC PARTNERS ARE AFFORDED SAME RIGHTS AND PROTECTIONS AS MARRIED PARTNERS
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8
Q

4

SPECIAL CLASSIFICATIONS - PERSONAL INJURY - LIABILITIES FOR TORTFEASOR SPOUSE

A
  1. TORT LIABILITIES ARE ALWAYS SP
  2. UNLESS TORT OCCURED WHILE ACTING FOR BENEFIT OF COMMUNITY
  3. THEN SP PAYS FIRST
  4. REMAINING LIAIBLITY MAY COME FROM CP
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9
Q

5

CLASSIFICATIONS OF TESTAMENTARY GIFTS

A
  1. SPECIFIC GIFTS
  2. CLASS GIFTS
  3. GENERAL GIFTS
  4. DEMONSTRATIVE GIFTS
  5. RESIDUARY GIFTS
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10
Q

5

SPENDTHRIFT TRUST

A
  1. TRUSTEE CAN’T VOLUNTARILY ALIENATE INTEREST
  2. SECURES BENEFICIARY AGAINST HIS OWN IMPROVIDENCE
  3. PROTECTING INTEREST FROM 3RD PARTY CREDITORS
  4. UNTIL INTEREST HAS BEEN PAID TO BENEFICIARY
  5. EXCEPT FOR CS, ALIMONY, GOVERNMENT CREDITORS AND LIFE NECESSARIES
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11
Q

3

CY PRES DOCTRINE

A
  1. OBJECTIVE OF CHARITABLE TRUST BECOMES IMPOSSIBLE OR IMPRACITABLE TO FULFILL
  2. COURT SUBSTITUTES ANOTHER OBJECTIVE AS CLOSE AS POSSIBLE TO THE ORIGINAL
  3. IF CY PRES CAN’T WORK, COURTS PUT FUNDS IN RESULTING TRUST
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12
Q

1

TRUST TERMINATION POWERS - TRUSTEE

A
  1. TRUSTEE DOES NOT HAVE POWER TO TERMINATE TRUST EXCEPT FOR WHERE TRUST PROVIDES
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13
Q

4

REQUIREMENTS TO GIVE AWARD OF

COMPENSATORY DAMAGES

A
  1. CAUSATION OF INJURY
  2. FORSEEABLE BY REASONABLE PERSON
  3. INJURY UNAVOIDABLE BY PLAINTIFF
  4. DAMAGES CAN BE CALCULATED WITH CERTAINTY
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14
Q

7

FORMATION GROUNDS FOR SEEKING RESCISSION

A
  1. MUTUAL MISTAKE
  2. MISREPRESENTATION
  3. LACK OF CAPACITY
  4. DURESS
  5. UNDUE INFLUENCE
  6. UNDUE CONSIDERATION
  7. UNILATERAL MISTAKE (IF OTHER PARTY SHOULD HAVE KNOWN)
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15
Q

3

A PURCHASE MONEY MORTGAGE IS THE

A
  1. MORTGAGE FUNDING THE ORIGINAL PURCHASE OF PROPRERTY
  2. GETS FIRST PRIORITY TO PROCEEDS OF FORECLOSURE SALE
  3. BUT MAY NOT TAKE A DEFAULT FOR ANY BALANCE OWED
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16
Q

2

PERIODIC TENANCY - CREATED BY

A
  1. EXPRESSLY - MONTH TO MONTH CONTRACT OR
  2. IMPLICATION
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17
Q

2

TENANTS DUTY TO PAY RENT WHEN NO FAULT DESTRUCTION OF PREMISES OCCURS

A
  1. AT COMMON LAW - TENANT MAINTAINS DUTY TO PAY
  2. MODERNLY, MOST JX ALLOW TERMINATION
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18
Q

2

APPURTENANT EASEMENT

A
  1. CREATED TO BENEFIT A PARTICULAR PIECE OF LAND (DOMINANT ESTATE)
  2. TIED TO A PARTICULAR PIECE OF LAND (SERVIENT ESTATE)
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19
Q

1

REAL COVENANT - HORIZONTAL PRIVITY REQUIREMETN

A
  1. THE ORIGINAL COVENANTING PARTIES SHARED AN INTEREST IN THE LAND INDEPENDENT OF THE COVENANT.
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20
Q

2

IMPLIED EQUITABLE SERVITUDE - DEFINITION

A
  1. RESTRICTIVE SERVITUDE
  2. IMPLIED BY COMMON SCHEME OR DEVELOPMENT.
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21
Q

1

IMPLIED EQUITABLE SERVITUDE - ACTUAL NOTICE OCCURS WHERE

A
  1. GRANTEE WAS INFORMED OF THE EXISTENCE OF COVENANTS.
22
Q

2

RELATING BACK AND CALIFORNIA DOE AMENDMENTS

A
  1. IF CA PLAINTIFF IDENTIFIES THE DOE WITHIN THREE YEARS OF FILING ORIGINAL COMPLAINT
  2. AMENDED COMPLAINT WILL “RELATE BACK” TO ORIGINAL FILING DATE.
23
Q

3

EVIDENTIARY ELEMENTS OF MOTION FOR SUMMARY JUDGMENT

A
  1. EVIDENCE VIEWED IN LIGHT MOST FAVORABLE TO NONMOVING PARTY
  2. NO CREDIBILITY EVALUATIONS
  3. ONLY FIRST HAND KNOWLEDGE
24
Q

3

CORPORATE OFFICERS JOB ACTIONS

A
  1. IMPLEMENT BOARD DECISIONS
  2. ACT AS AGENTS OF CORP
  3. ACTIONS BIND CORP
25
Q

2

SUPREMACY CLAUSE - FIELD PREEMPTION - IMPLIED PREEMPTION

A
  1. COMPREHENSIVENESS OF FEDERAL SCHEME - HOW MUCH LEFT UNCOVERED
  2. FEDERAL AGENCY WAS CREATED TO OVERSEE THE AREA
26
Q

4

TIME, PLACE OR MANNER RESTRICTIONS - TO REGULATE SPEECH AT PUBLIC FORUM - THE REGULATION MUST BE

A
  1. CONTENT NEUTRAL
  2. NARROWLY TAILORED
  3. TO SERVE IMPORTANT GOVERNMENT INTEREST
  4. LEAVE ALTERNATIVE CHANNELS OF COMMUNICATION OPEN
27
Q

2

COLLATERAL BAR ON PRIOR RESTRAINT RULE

A
  1. CAN’T ASSERT UNCONSTUTIONAL RESTRAINT ON SPEECH
  2. AFTER PRIOR RESTRAINT ISSUED
28
Q

1

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

A
  1. RATIONAL BASIS
29
Q

1

MIRANDA - SUSPECT’S INVOCATION OF RIGHT TO COUNSEL

A
  1. MUST BE UNAMBIGUOUS
30
Q

3

SIXTH AMENDMENT - UNDER THE SIXTH AMENDMENT, INFFECTIVE COUNSEL IS ESTABLISHED WHERE

A
  1. COUNSEL DID NOT ACT HOW A REASONABLE ATTORNEY WOULD ACT IN A SIMILAR SITUATION
  2. DEFICIENCY IN REPRESENTATION CAUSED PREJUDICE TO DEFENDANT
  3. SAID PREJUDICE CAUSED RESULT THAT BUT FOR THE DEFICIENCY THE RESULT WOULD HAVE BEEN DIFFERENT.
31
Q

2

CO-DEFENDANTS - ONE DEFENDANT CONFESSES. CONFESSION MAY ONLY BE USED IN NON-CONFESSING DEFENDANT’S CRIMINAL TRIAL WHERE

A
  1. ALL IMPLICATING DETAILS ARE ABLE TO BE REDACTED
  2. OR CONFESSING CO-DEFENDANT TAKES THE STAND AND IS SUBJECT TO X-EXAM.
32
Q

3

WHARTON’S RULE

A
  1. UNDER THE WHARTON RULE
  2. MULTILPLE DEFENDANTS MAY NOT BE CONVICTED WITH CONSPIRACY
  3. WHERE IT TOOK THE SAME NUMBER OF PARTICIPANTS TO COMMIT THAT SPECIFIC CRIME.
33
Q

4

MODERN RAPE

A
  1. MODERNLY, THE CRIME OF RAPE HAS BEEN EXPANDED
  2. TO INCLUDE ANY UNCONSENTED ACT THAT CAUSES PENETRATION OF THE VICTIM
  3. REGARDLESS OF VICTIM’S SEX
  4. OR MARITAL STATUS.
34
Q

2

DEFENSE OF PREVENTION OF CRIME - DEFENDANT IS PRIVILEGED TO USE

A
  1. E REASONABLE FORCE
  2. TO PREVENT COMMISSION OF SERIOUS CRIMES OCCURRING IN HER PRESENCE. .
35
Q

6

INHERENTLY DANGEROUS FELONIES AT COMMON LAW

A
  1. BURGLARY
  2. ROBBERY
  3. RAPE
  4. ARSON
  5. MAYHEM
  6. SODOMY
36
Q

2

EXTORTION

A
  1. AT COMMONLAW, EXTORTION WAS MISDEMEANOR CRIME OF UNLAWFULL FEE COLLECTION BY PUBLIC OFFICER
  2. MODERNLY, EXTORTION IS CRIME OF OBTAINING PROPERTY BY MAKING SPECIFIC THREATS ENUMERATED BY JURISDICTION.
37
Q

2

MBE - WILL SUBSTANTIAL CONTRIBUTION TO PRIVATE SCHOOL BUDGET TRANSFORM PRIVATE ACTION INTO PUBLIC ACTION?

A
  1. NO.
  2. EVEN 90 PERCENT CONTRIBUTION DIDN’T TRANSFORM TO STATE ACTION.
38
Q

3

MERCHANT’S FIRM OFFER

A
  1. UNDER UCC 2, A MERCHANT’S SIGNED WRITTEN OFFFER
  2. THANT PROMISES TO LEAVE AN OFFER OPEN FOR A FIXED PERIOD OF TIME OR STATES “FIRM OFFFER”
  3. CANNOT BE REVOKED FOR A PERIOD OF TIME STATED IN THE OFFER UP TO THREE MONTHS.
39
Q

2

COMMON LAW REQUIREMENTS FOR TIMELY PERFORMANCE BECOMING A MATERIAL CONDITION OF THE CONTRACT

A
  1. TIMELY PERFORMANCE MAY BE AN EXPRESS MATERIAL CONDITION OF THE CONTRACT
  2. OR WHERE PARTIES KNOW TARDY PERFORMANCE WILL DENY THE EXPECTED BENEFIT OF THE BARGAIN, TIMELY PERFORMANCE IS AN IMPLIED MATERIAL CONDITION.
40
Q

2

PERSONAL SATISFACTION AS AN EXPRESS MATERIAL CONDITION

A
  1. PARTIES MAY AGREE TO MAKE PERSONAL SATISFACTION AN EXPRESS MATERIAL CONDITION OF THE CONTRACT
  2. CREATING NO LEGAL DUTY TO PAY WHEN BUYERS ARE NOT PERSONALLY SATISIFIED.
41
Q

3

CONTRACTS - DEFENSE OF FRUSTRATION OF PURPOSE MAY BE RAISED WHERE

A
  1. PARTIES ENTERED INTO THE CONTRACT KNOWING A PURPOSE OF THE BARGAIN
  2. MAKING EXISTENCE OF THIS PURPOSE AN IMPLIED MATERIAL CONDITION OF THE CONTRACT
  3. EXCUSING PARTIES FROM PERFORMANCE WHEN UNFORESEEN EVENTS FRUSTRATE THIS PURPOSE.
42
Q

2

ENFORCEABLITY GRATUITOUS DELEGATION

A
  1. GRATITOUS DELEGATION IS NOT ENFORECABLE AT EQUITY
  2. UNLESS THERE IS DETRIMENTAL RELIANCE.
43
Q

2

ELEMENTS OF ATTORNEY CLIENT PRIVILEGE

A
  1. EVIDENTIARY PRIVILEGE
  2. ALLOWING CLIENT TO PREVENT LAWYER FROM TESTIFYING IN COURT ABOUT COMMUNICATIONS
44
Q

4

CA REQUIREMENTS FOR ATTORNEY ADVERTISING

A
  1. MAILER MUST STATE IT IS ATTORNEY ADVERTISING ON OUTSIDE AND INSIDE
  2. ADVERTISEMENT MUST BE HELD FOR TWO YEARS
  3. MAILER MUST INCLUDE ATTORNEY’S CONTACT INFORMATION
  4. ATTORNEY’S FIELD OF EXPERTISE
45
Q

4

MANDATORY WITHDRAWAL TRIGGERS

A
  1. PHYSICAL OR MENTAL CONDITION MAKES MATERIALLY IMPAIRS REPRESENTATION
  2. REPRESENTATION WILL RESULT IN VIOLATION OF RULES OR LAW
  3. CLIENT DISCHARGES ATTORNEY
  4. CA - CLIENT WANTS TO PURSUE FRIVOLOUS LAWSUIT
46
Q

1

CONTRIBUTORY NEGLIGENCE AVAILABLE DEFENSE WHERE

A
  1. PLAINTIFF CONTRIBUTED TO HIS OR HER OWN INJURY
47
Q

5

LIABILITY RESULTING FROM TRESPASS TO CHATTELS - DEFENDANT IS LIABLE FOR

A
  1. ACTUAL DAMAGES CAUSED
  2. MEASURED BY REPAIR COSTS
  3. TEMPORARY REPLACEMENT RENTAL FEES
  4. LOST RENTAL REVENUE
  5. (TYPICALLY MAY NOT EXCEED CHATTEL’S VALUE)
48
Q

2

MBE MISSED - STATUTE STATUE GOVERNING COMMERCIAL SPEECH THAT ISN’T FALSE, DECEPTIVE OR ILLEGAL IS ONLY VALID WHERE IT

A
  1. DIRECTLY ADVANCES A SUBSTANTIAL GOVERNMENT INTEREST
  2. REASONABLY TAILORED TO ACHIEVE IMPORTANT INTEREST
49
Q

2

ATTORNEY WORK PRODUCT - CALIFORNIA - FOR QUALIFIED PRIVILEGE - THE PARTY SEEKING TO DISCOVERY THE PRODUCT MOST SHOW

A
  1. UNFAIR PREJUDICE
  2. OR INJUSTICE WILL OCCUR
50
Q

1

MBE MISSED - REVERTERS ARE NOT SUBJECT TO THE RULE AGAINST PERPETUITIES BECAUSE

A
  1. THEY VEST AT THE MOMENT THEY ARE CREATED.
51
Q

5

SELF-AUTHENTICATING EVIDENCE

A
  1. CERTIFIED PUBLIC DOCUMENTS
  2. ACKNOWLEDGED DOCUMENTS
  3. OFFICIAL PUBLICATIONS
  4. NEWSPAPERS
  5. PERIODICALS
52
Q

2

SPOUSE POWER OF DISPOSITION - SPOUSES HAVE

A
  1. EQUAL POWER OF DISPOSITION
  2. WITH CONSENT REQUREMENTS

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

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