deck J (463-513) Flashcards
3
STOCK SUBSCRIPTION AGREEMENT
- WRITTEN PROMISE TO BUY SHARES OF STOCK
- POST-INC IMMEDIATELY BINDING
- PRE-INC IRREVOCABLE FOR SIX MONTHS AND MUST BE ACCEPTED BY CORPORATION
1
LIABILITY OF OUTGOING PARTNERS
- OUTGOING PARTNERS ARE LIABLE FOR PRE-DISASSOCIATION DEBT
4
DISSOLUTION OF LIMITED PARTNERSHIP
- AT TIME SPECIFIED IN LP AGREEMENT
- UPON WRITTEN CONSENT OF ALL PARTNERS
- UPON DISASSOCIATION OF GENERAL PARTNER UNLESS OTHERWISE AGREED
- UPON JUDICIAL DECREE
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
4
DEBT - LIABILITY OF COMMUNITY FOR TORTFEASOR SPOUSE
- COMMUNITY IS NOT LIABLE FOR TORTS OF SPOUSE
- UNLESS TORT COMMITTED FOR BENEFIT OF COMMUNITY
- COMMUNITY FUNDS MAY BE USED ONCE SEPARATE FUNDS ARE EXHAUSTED
- REIMBURSEMENT ALLOWED WHERE ONE ESTATE PAYS FOR THE LIABILITY OF ANOTHER
1
REGISTERED DOMESTIC PARTNERSHIPS
- REGISTERED DOMESTIC PARTNERS ARE AFFORDED SAME RIGHTS AND PROTECTIONS AS MARRIED PARTNERS
4
SPECIAL CLASSIFICATIONS - PERSONAL INJURY - LIABILITIES FOR TORTFEASOR SPOUSE
- TORT LIABILITIES ARE ALWAYS SP
- UNLESS TORT OCCURED WHILE ACTING FOR BENEFIT OF COMMUNITY
- THEN SP PAYS FIRST
- REMAINING LIAIBLITY MAY COME FROM CP
5
CLASSIFICATIONS OF TESTAMENTARY GIFTS
- SPECIFIC GIFTS
- CLASS GIFTS
- GENERAL GIFTS
- DEMONSTRATIVE GIFTS
- RESIDUARY GIFTS
5
SPENDTHRIFT TRUST
- TRUSTEE CAN’T VOLUNTARILY ALIENATE INTEREST
- SECURES BENEFICIARY AGAINST HIS OWN IMPROVIDENCE
- PROTECTING INTEREST FROM 3RD PARTY CREDITORS
- UNTIL INTEREST HAS BEEN PAID TO BENEFICIARY
- EXCEPT FOR CS, ALIMONY, GOVERNMENT CREDITORS AND LIFE NECESSARIES
3
CY PRES DOCTRINE
- OBJECTIVE OF CHARITABLE TRUST BECOMES IMPOSSIBLE OR IMPRACITABLE TO FULFILL
- COURT SUBSTITUTES ANOTHER OBJECTIVE AS CLOSE AS POSSIBLE TO THE ORIGINAL
- IF CY PRES CAN’T WORK, COURTS PUT FUNDS IN RESULTING TRUST
1
TRUST TERMINATION POWERS - TRUSTEE
- TRUSTEE DOES NOT HAVE POWER TO TERMINATE TRUST EXCEPT FOR WHERE TRUST PROVIDES
4
REQUIREMENTS TO GIVE AWARD OF
COMPENSATORY DAMAGES
- CAUSATION OF INJURY
- FORSEEABLE BY REASONABLE PERSON
- INJURY UNAVOIDABLE BY PLAINTIFF
- DAMAGES CAN BE CALCULATED WITH CERTAINTY
7
FORMATION GROUNDS FOR SEEKING RESCISSION
- MUTUAL MISTAKE
- MISREPRESENTATION
- LACK OF CAPACITY
- DURESS
- UNDUE INFLUENCE
- UNDUE CONSIDERATION
- UNILATERAL MISTAKE (IF OTHER PARTY SHOULD HAVE KNOWN)
3
A PURCHASE MONEY MORTGAGE IS THE
- MORTGAGE FUNDING THE ORIGINAL PURCHASE OF PROPRERTY
- GETS FIRST PRIORITY TO PROCEEDS OF FORECLOSURE SALE
- BUT MAY NOT TAKE A DEFAULT FOR ANY BALANCE OWED
2
PERIODIC TENANCY - CREATED BY
- EXPRESSLY - MONTH TO MONTH CONTRACT OR
- IMPLICATION
2
TENANTS DUTY TO PAY RENT WHEN NO FAULT DESTRUCTION OF PREMISES OCCURS
- AT COMMON LAW - TENANT MAINTAINS DUTY TO PAY
- MODERNLY, MOST JX ALLOW TERMINATION
2
APPURTENANT EASEMENT
- CREATED TO BENEFIT A PARTICULAR PIECE OF LAND (DOMINANT ESTATE)
- TIED TO A PARTICULAR PIECE OF LAND (SERVIENT ESTATE)
1
REAL COVENANT - HORIZONTAL PRIVITY REQUIREMETN
- THE ORIGINAL COVENANTING PARTIES SHARED AN INTEREST IN THE LAND INDEPENDENT OF THE COVENANT.
2
IMPLIED EQUITABLE SERVITUDE - DEFINITION
- RESTRICTIVE SERVITUDE
- IMPLIED BY COMMON SCHEME OR DEVELOPMENT.
1
IMPLIED EQUITABLE SERVITUDE - ACTUAL NOTICE OCCURS WHERE
- GRANTEE WAS INFORMED OF THE EXISTENCE OF COVENANTS.
2
RELATING BACK AND CALIFORNIA DOE AMENDMENTS
- IF CA PLAINTIFF IDENTIFIES THE DOE WITHIN THREE YEARS OF FILING ORIGINAL COMPLAINT
- AMENDED COMPLAINT WILL “RELATE BACK” TO ORIGINAL FILING DATE.
3
EVIDENTIARY ELEMENTS OF MOTION FOR SUMMARY JUDGMENT
- EVIDENCE VIEWED IN LIGHT MOST FAVORABLE TO NONMOVING PARTY
- NO CREDIBILITY EVALUATIONS
- ONLY FIRST HAND KNOWLEDGE
3
CORPORATE OFFICERS JOB ACTIONS
- IMPLEMENT BOARD DECISIONS
- ACT AS AGENTS OF CORP
- ACTIONS BIND CORP
2
SUPREMACY CLAUSE - FIELD PREEMPTION - IMPLIED PREEMPTION
- COMPREHENSIVENESS OF FEDERAL SCHEME - HOW MUCH LEFT UNCOVERED
- FEDERAL AGENCY WAS CREATED TO OVERSEE THE AREA
4
TIME, PLACE OR MANNER RESTRICTIONS - TO REGULATE SPEECH AT PUBLIC FORUM - THE REGULATION MUST BE
- CONTENT NEUTRAL
- NARROWLY TAILORED
- TO SERVE IMPORTANT GOVERNMENT INTEREST
- LEAVE ALTERNATIVE CHANNELS OF COMMUNICATION OPEN
2
COLLATERAL BAR ON PRIOR RESTRAINT RULE
- CAN’T ASSERT UNCONSTUTIONAL RESTRAINT ON SPEECH
- AFTER PRIOR RESTRAINT ISSUED
1
EQUAL PROTECTION CLAUSE - NON-SUSPECT CLASSES RECEIVE THIS LEVEL OF REVIEW
- RATIONAL BASIS
1
MIRANDA - SUSPECT’S INVOCATION OF RIGHT TO COUNSEL
- MUST BE UNAMBIGUOUS
3
SIXTH AMENDMENT - UNDER THE SIXTH AMENDMENT, INFFECTIVE COUNSEL IS ESTABLISHED WHERE
- COUNSEL DID NOT ACT HOW A REASONABLE ATTORNEY WOULD ACT IN A SIMILAR SITUATION
- DEFICIENCY IN REPRESENTATION CAUSED PREJUDICE TO DEFENDANT
- SAID PREJUDICE CAUSED RESULT THAT BUT FOR THE DEFICIENCY THE RESULT WOULD HAVE BEEN DIFFERENT.
2
CO-DEFENDANTS - ONE DEFENDANT CONFESSES. CONFESSION MAY ONLY BE USED IN NON-CONFESSING DEFENDANT’S CRIMINAL TRIAL WHERE
- ALL IMPLICATING DETAILS ARE ABLE TO BE REDACTED
- OR CONFESSING CO-DEFENDANT TAKES THE STAND AND IS SUBJECT TO X-EXAM.
3
WHARTON’S RULE
- UNDER THE WHARTON RULE
- MULTILPLE DEFENDANTS MAY NOT BE CONVICTED WITH CONSPIRACY
- WHERE IT TOOK THE SAME NUMBER OF PARTICIPANTS TO COMMIT THAT SPECIFIC CRIME.
4
MODERN RAPE
- MODERNLY, THE CRIME OF RAPE HAS BEEN EXPANDED
- TO INCLUDE ANY UNCONSENTED ACT THAT CAUSES PENETRATION OF THE VICTIM
- REGARDLESS OF VICTIM’S SEX
- OR MARITAL STATUS.
2
DEFENSE OF PREVENTION OF CRIME - DEFENDANT IS PRIVILEGED TO USE
- E REASONABLE FORCE
- TO PREVENT COMMISSION OF SERIOUS CRIMES OCCURRING IN HER PRESENCE. .
6
INHERENTLY DANGEROUS FELONIES AT COMMON LAW
- BURGLARY
- ROBBERY
- RAPE
- ARSON
- MAYHEM
- SODOMY
2
EXTORTION
- AT COMMONLAW, EXTORTION WAS MISDEMEANOR CRIME OF UNLAWFULL FEE COLLECTION BY PUBLIC OFFICER
- MODERNLY, EXTORTION IS CRIME OF OBTAINING PROPERTY BY MAKING SPECIFIC THREATS ENUMERATED BY JURISDICTION.
2
MBE - WILL SUBSTANTIAL CONTRIBUTION TO PRIVATE SCHOOL BUDGET TRANSFORM PRIVATE ACTION INTO PUBLIC ACTION?
- NO.
- EVEN 90 PERCENT CONTRIBUTION DIDN’T TRANSFORM TO STATE ACTION.
3
MERCHANT’S FIRM OFFER
- UNDER UCC 2, A MERCHANT’S SIGNED WRITTEN OFFFER
- THANT PROMISES TO LEAVE AN OFFER OPEN FOR A FIXED PERIOD OF TIME OR STATES “FIRM OFFFER”
- CANNOT BE REVOKED FOR A PERIOD OF TIME STATED IN THE OFFER UP TO THREE MONTHS.
2
COMMON LAW REQUIREMENTS FOR TIMELY PERFORMANCE BECOMING A MATERIAL CONDITION OF THE CONTRACT
- TIMELY PERFORMANCE MAY BE AN EXPRESS MATERIAL CONDITION OF THE CONTRACT
- OR WHERE PARTIES KNOW TARDY PERFORMANCE WILL DENY THE EXPECTED BENEFIT OF THE BARGAIN, TIMELY PERFORMANCE IS AN IMPLIED MATERIAL CONDITION.
2
PERSONAL SATISFACTION AS AN EXPRESS MATERIAL CONDITION
- PARTIES MAY AGREE TO MAKE PERSONAL SATISFACTION AN EXPRESS MATERIAL CONDITION OF THE CONTRACT
- CREATING NO LEGAL DUTY TO PAY WHEN BUYERS ARE NOT PERSONALLY SATISIFIED.
3
CONTRACTS - DEFENSE OF FRUSTRATION OF PURPOSE MAY BE RAISED WHERE
- PARTIES ENTERED INTO THE CONTRACT KNOWING A PURPOSE OF THE BARGAIN
- MAKING EXISTENCE OF THIS PURPOSE AN IMPLIED MATERIAL CONDITION OF THE CONTRACT
- EXCUSING PARTIES FROM PERFORMANCE WHEN UNFORESEEN EVENTS FRUSTRATE THIS PURPOSE.
2
ENFORCEABLITY GRATUITOUS DELEGATION
- GRATITOUS DELEGATION IS NOT ENFORECABLE AT EQUITY
- UNLESS THERE IS DETRIMENTAL RELIANCE.
2
ELEMENTS OF ATTORNEY CLIENT PRIVILEGE
- EVIDENTIARY PRIVILEGE
- ALLOWING CLIENT TO PREVENT LAWYER FROM TESTIFYING IN COURT ABOUT COMMUNICATIONS
4
CA REQUIREMENTS FOR ATTORNEY ADVERTISING
- MAILER MUST STATE IT IS ATTORNEY ADVERTISING ON OUTSIDE AND INSIDE
- ADVERTISEMENT MUST BE HELD FOR TWO YEARS
- MAILER MUST INCLUDE ATTORNEY’S CONTACT INFORMATION
- ATTORNEY’S FIELD OF EXPERTISE
4
MANDATORY WITHDRAWAL TRIGGERS
- PHYSICAL OR MENTAL CONDITION MAKES MATERIALLY IMPAIRS REPRESENTATION
- REPRESENTATION WILL RESULT IN VIOLATION OF RULES OR LAW
- CLIENT DISCHARGES ATTORNEY
- CA - CLIENT WANTS TO PURSUE FRIVOLOUS LAWSUIT
1
CONTRIBUTORY NEGLIGENCE AVAILABLE DEFENSE WHERE
- PLAINTIFF CONTRIBUTED TO HIS OR HER OWN INJURY
5
LIABILITY RESULTING FROM TRESPASS TO CHATTELS - DEFENDANT IS LIABLE FOR
- ACTUAL DAMAGES CAUSED
- MEASURED BY REPAIR COSTS
- TEMPORARY REPLACEMENT RENTAL FEES
- LOST RENTAL REVENUE
- (TYPICALLY MAY NOT EXCEED CHATTEL’S VALUE)
2
MBE MISSED - STATUTE STATUE GOVERNING COMMERCIAL SPEECH THAT ISN’T FALSE, DECEPTIVE OR ILLEGAL IS ONLY VALID WHERE IT
- DIRECTLY ADVANCES A SUBSTANTIAL GOVERNMENT INTEREST
- REASONABLY TAILORED TO ACHIEVE IMPORTANT INTEREST
2
ATTORNEY WORK PRODUCT - CALIFORNIA - FOR QUALIFIED PRIVILEGE - THE PARTY SEEKING TO DISCOVERY THE PRODUCT MOST SHOW
- UNFAIR PREJUDICE
- OR INJUSTICE WILL OCCUR
1
MBE MISSED - REVERTERS ARE NOT SUBJECT TO THE RULE AGAINST PERPETUITIES BECAUSE
- THEY VEST AT THE MOMENT THEY ARE CREATED.
5
SELF-AUTHENTICATING EVIDENCE
- CERTIFIED PUBLIC DOCUMENTS
- ACKNOWLEDGED DOCUMENTS
- OFFICIAL PUBLICATIONS
- NEWSPAPERS
- PERIODICALS
2
SPOUSE POWER OF DISPOSITION - SPOUSES HAVE
- EQUAL POWER OF DISPOSITION
- WITH CONSENT REQUREMENTS
