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CA Bar Outlined and Numbered (with prompts) > deck K (514-564) > Flashcards

deck K (514-564) Flashcards

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MBE flashcards
1
Q
A
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2
Q

6

SECTION 16(B) SHORT SWING PROFITS

LIABILITY IS TRIGGERED WHEN

A
  1. CORPORATE INSIDER
  2. BUYS AND SELLS
  3. OR SELLS AND REPURCHASES
  4. ANY SHARES OF THEIR CORPORATION
  5. WITHIN SIX MONTHS OF THE INTITIAL TRANSACTION
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3
Q

3

TIPPERS

A
  1. PROVIDE INSIDER INFORMATION
  2. LIABLE WHERE INFORMATION WAS SHARED FOR PERSONAL GAIN OF ANY KIND
  3. LIABLE WHERE INFO WAS USED TO TRADE BY ANYONE
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4
Q

2

SUBAGENT’S DUTIES

A
  1. AUTHORIZED ACTIVITY - SAME DUTY OWED TO PRINCIPAL
  2. UNAUTHORIZED ACTIVITY - DUTY OWED ONLY TO AGENT
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5
Q

3

EXCEPTIONS TO PRINCIPAL NOT HAVING LIABILITY FOR INTENTIONAL TORTS OF AN AGENT

A
  1. SPECIFICALLY AUTHORIZED
  2. NATURAL RESULT FROM EMPLOYMENT
  3. TORTIOUS ACT WAS MOTIVATED BY INTENT TO SERVE PRINCIPAL
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6
Q

2

TITLED PROPERTY DEEMED ASSETS OF PARTNERSHIP WHERE

A
  1. TITLED IN PARTNERSHIP’S NAME
  2. TITLED IN PARTNER’S NAME AND INSTRUMENT TRANSFERRING TITLE INDICATES OWNER IS PARTNER OR REFERENCES PARTNERSHIP
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7
Q

4

COMMUNITY PROPERTY

A
  1. ALL PROPERTY
  2. ACQUIRED BY MARRIED PERSON
  3. WHILE DOMICILED IN CA
  4. THAT ISN’T CLASSIFIED AS SP
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8
Q

5

SP EXPENDITURES MADE TO BENEFIT CP REAL ESTATE

ANTI-LUCAS 1

A
  1. 1984-1986
  2. PROPERTY HELD BY JOINT TENANTS WAS PRESUMPTIVELY CP
  3. UNLESS WRITTEN AGREEMENT TO CONTRARY
  4. OR CLEARLY STATED OTHERWISE IN DEED
  5. RIGHT TO REIMBURSEMENT OF SP
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9
Q

2

DISTRIBUTION OF ASSETS AT DEATH - DECEDENT TRIES TO DEVISE MORE THAN 1/2 COMMUNITY ASSETS IN WILL

A
  1. SURVIVING SPOUSE MAY ELECT TO TAKE CP RIGHTS INSTEAD OF DEVISE
  2. SURIVING SPOUSE MAY ELECT TO TAKE DEVISE UNDER WILL IN LIEU OF CP RIGHTS
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10
Q

7

UNINCORPORATED WRITING REFERENCING LIMITED TANGIBLE PERSONAL ITEMS MAY BE ADMITTED INTO PROBATE WHERE:

A
  1. REFERRED TO IN THE WILL
  2. DATED AND IN TESTATOR’S HANDWRITING
  3. OR SIGNED BY TESTATOR
  4. UNLESS INTENT CAN BE SHOWN
  5. DESCRIBES ITEMS AND BENEFICIARIES
  6. EACH ITEM IS WORTH 5K OR LESS
  7. NO MORE THAN 25K TOTAL DISPOSED
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11
Q

4

REVOCATION OF WILL - PHYSICAL ACT

A
  1. DESTRUCTIVE ACT
  2. BY TESTATOR
  3. OR IN TESTATOR’S PRESENCE AT HIS DIRECTION
  4. WITH INTENT TO REVOKE WILL
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12
Q

1

SPECIFIC GIFTS

A
  1. SPECIFIC, IDENTIFIABLE PROPERTY
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13
Q

4

CONSTRUCTIVE TRUST AS REMEDY FOR WRONGFULLY OBTAINING LEGAL TITLE TO PROPERTY - OCCURS WHERE THE WRONGFUL ACT

A
  1. LED TO DETENTION OF AND OBTAINING LEGAL TITLE TO PROPERTY
  2. DEFENDANT IS MADE TRUSTEE OF UNJUSTLY RETAINED PROPERTY
  3. COMPELLING HIM TO RETURN PROPERTY TO PLAINTIFF
  4. RENDERING LIABLE FOR ANY DAMAGES CAUSED TO PROPERTY
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14
Q

6

INADEQUATE LEGAL REMEDY FOR FOR INJUNCTIVE RELIEF MAY RESULT FROM

A
  1. INSOLVENT DEFENDANT OR
  2. MONEY DAMAGES SPECULATIVE OR
  3. MONEY DAMAGES INADEQUATE OR
  4. MULTIPLICITY OF POTENTIAL LAWSUITS OR
  5. PROSPECTIVE TORT COULD OCCUR OR
  6. PROPERTY IS UNIQUE
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15
Q

2

PROPERTY RIGHT REQUIREMENT FOR PERMANENT INJUNCTION

A
  1. AT COMMON LAW, PROPERTY REQUIRED
  2. MODERNLY, IN CA, ANY RIGHT IS SUFFICIENT
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16
Q

3

PLAINTIFF’S PERFORMANCE REQUIREMENT FOR AN AWARD OF SPECIFIC PERFORMANCE MAY BE SATISIFED WHEN PLAINTIFF SHOWS HER PERFORMANCE DUTIES

A
  1. HAVE BEEN PERFORMED
  2. CAN BE PERFORMED IMMEDIATELY
  3. OR VALID EXCUSE EXISTS FOR THEIR NON-PERFORMANCE
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17
Q

3

THREE PRESENT COVENANTS OF TITLE CONTAINED IN GENERAL WARRANTY DEED

A
  1. SEISIN - WARRANTS GRANTOR OWNS WHAT HE PURPORTS TO OWN
  2. RIGHT TO CONVEY - WARRANTS GRANTOR HAS POWER TO MAKE CONVEYANCE
  3. AGAINST ENCUMBRANCES - WARRANTS NO MORTGAGES, LIENS, EASEMENTS OR OTHER USE RESTRICTIONS ON LAND
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18
Q

3

FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT - OWNERSHIP IS

A
  1. POTENIALLY INFINITE
  2. SUBJECT TO OCCURENCE OF POSSIBLE EVENT
  3. IF GRANTOR TIMELY EXERCISES RIGHT OF REENTRY
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19
Q

3

FIXTURES DEFINITION

A
  1. ITEMS WERE ONCE MOVEABLE CHATTEL
  2. NOW SO ATTACHED TO THE REAL ESTATE
  3. THEY ARE DEEMED FIXTURES TO THE REAL ESTATE
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20
Q

4

END OF EASEMENT BY PRESCRIPTION

A
  1. ADVERSE
  2. OPEN
  3. CONTINUOUS FOR STATUATORY PERIOD
  4. INTERRUPTION OF EASEMENT HOLDERS USE OF EASEMENT
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21
Q

2

REAL COVENANT - CL AND MODERN NOTICE REQUIREMENT FOR A BURDEN TO RUN WITH THE LAND

A
  1. AT COMMON LAW, NO NOTICE REQUIREMENT
  2. MODERNLY, ACTUAL, CONSTRUCTIVE OR QUERY NOTICE REQUIRED.
22
Q

1

REAL COVENANT - TOUCH AND CONCERN REQUIREMENT - THE COVENANT MUST

A
  1. DIRECTLY RELATE TO THE USE AND ENJOYMENT OF THE LAND.
23
Q

1

REMEDY FOR BREACH OF REAL COVENANT

A
  1. MONETARY DAMAGES
24
Q

3

ADDITIONAL FACTORS OF CONSIDERATION ON FAIRNESS OF FORUM

A
  1. COURT’S INTEREST IN JUDICIAL ECONOMY
  2. PLAINTIFF’S INTEREST IN CONVENIENT RELIEF
  3. FORUM STATE’S INTEREST IN REGULATING ACTIVITY AND PROTECTING ITS CITIZENS.
25
Q

2

DOMICILE REQUIREMENTS FOR PRIVATE CITIZEN

A
  1. PARTY HAS SUBJECTIVE INTENT TO MAKE STATE HIS PERMANENT HOME
  2. PARTY IS PHYSICALLY PRESENT IN THE STATE.
26
Q

2

SUBSTITUTE SERVICE REQUIREMENTS -CORPORATIONS - CA

A
  1. ONLY ON DEFENDANT’S REGISTERED AGENT
  2. OR ONE WHO IS APPARENTLY IN CHARGE OF OFFICE DURING NORMAL OFFICE HOURS.
27
Q

2

INTERVENTION OF RIGHT - INTERVENOR HAS INHERIT RIGHT TO PARTICIPATE WHERE

A
  1. PARTY HAS PROPERTY OR TRANSACTION THAT IS THE SUBJECT OF THE INSTANT CASE
  2. PARTY SHOWS HER INTERESTS ARE NOT PRESENTLY REPRESENTED IN LAWSUIT
28
Q

2

MANDATORY DISMISSAL IN CALIFORNIA

A
  1. WHERE CASE IS NOT BROUGHT TO TRIAL W/IN FIVE YEARS
  2. WHERE CASE HAS NOT BEEN SERVED W/IN TWO YEARS OF FILING
29
Q

3

SUPREMACY CLAUSE CAN BE VIOLATED WHERE STATE LAW

A
  1. IS IN DIRECT CONFLICT WITH FEDERAL LAW
  2. INTERFERES WITH ACHIEVEMENT OF FEDERAL OBJECTIVE
  3. INTERFERES WITH FIELD CONGRESS INTENDS TO OCCUPY EXCLUSIVELY
30
Q

3

PROCEDURAL DUE PROCESS - WHERE A LIFE, LIBERTY OR PROPERTY INTEREST HAS BEEN IMPAIRED, EVALUATION OF NECESSITY FOR PROCESS IS A BALANCING TEST BETWEEN

A
  1. IMPORTANCE OF PRIVATE INTEREST AFFECTED
  2. LIKELIHOOD OF PROCESS PRODUCING BETTER RESULTS
  3. BURDEN PROCESS WILL CREATE ON GOVERNMENT
31
Q

3

SELF-RESPRESENTATION IS ALLOWED WHERE DEFENDANT WAIVES HIS RIGHT TO COUNSEL

A
  1. KNOWINGLY,
  2. INTELLIGENTLY
  3. AND WILLING
32
Q

4

VOLUNTARY MANSLAUGHTER

A
  1. AN INTENTIONAL HOMICIDE
  2. COMMITTED WITHOUT MALICE AFORETHOUGHT
  3. RESULTING FROM ADEQUATE PROVOCATION
  4. OR OTHER MITIGATING FACTORS.
33
Q

4

DEFENSE OF DOMESTIC AUTHORITY

A
  1. DEFENDANTS WITH LEGALLY RECOGNIZED POSITIONS OF AUTHORITY OVER OTHERS
  2. HAVE A QUALIFIED PRIVILEGE
  3. TO USE REASONABLE NON-DEADLY FORCE
  4. IN THE PROPER PERFORMANCE OF THEIR DUTIES.
34
Q

3

CONTRACTS - DEFENSE OF MUTUAL MISTAKE AVAILABLE WHERE

A
  1. PARTIES ENTERED THE CONTRACT WITH A MUTUAL MISUNDERSTANDING OF MATERIAL FACT
  2. MAKING THE CONTRACT VOID AB INITIO
  3. BECAUSE THERE NEVER WAS A MEETING OF MINDS
35
Q

2

CONTRACT - OCCURENCES THAT WILL CONSTITUTE A BREACH OF GOOD FAITH

A
  1. FRAUD OR CONCEALMENT AT THE TIME OF THE CONTRACT
  2. FAILURE OF AN IMPLIED COVENANT
36
Q

1

WHEN DOES ASSIGNMENT BECOME EFFECTIVE?

A
  1. WHEN PROMISOR HAS NOTICE OF THE ASSIGNMENT.
37
Q

3

WHO IS AN INTENDED THIRD PARTY BENEFICIARY?

A
  1. A PARTY INTENDED TO BENEFIT FROM A CONTRACT
  2. WHO MAKE SEEK TO ENFORCE THE CONTRACT
  3. OR SEEK DAMAGES FOR ITS BREACH.
38
Q

2

CONDITION SUBSEQUENT

A
  1. A CONDITION OCCURRING AFTER AN ALREADY RIPENED DUTY.
  2. WHICH OCCURRENCE OR NON-OCCURENCE WILL EXCUSE THE DUTY.
39
Q

2

DIVISIBLE CONTRACT

A
  1. A CONTRACT DIVIDING THE PARTIES’ PERFORMANCE DUTIES INTO SETS OF MATCHED PAIRS
  2. SO FAILURE OF ONE PERFORMANCE DUTY DOES NOT AMOUNT TO BREACH OF THE ENTIRE CONTRACT.
40
Q

3

MAILBOX RULE - RESULT WHEN OFFEROR RECEIVES A REJECTION WITHOUT KNOWLEDGE OF DISPATCHED ACCEPTANCE

A
  1. IF OFFEROR CHANGED POSITION IN RELIANCE ON REJECTION
  2. WITHOUT KNOWLEDGE OF DISPATCHED ACCEPTANCE
  3. REJECTION IS BINDING.
41
Q

2

GIFTS FROM CLIENT PROSCRIPTION

A
  1. LAWYER CANNOT INDUCE OR SOLICIT A SUBSTANTIAL GIFT FROM CLIENT
  2. CANNOT PREPARE AN INSTRUMENT GIVING HIMSELF A GIFT UNLESS HE’S RELATED TO CLIENT
42
Q

2

RECOVERY OF UNPAID FEES

A
  1. MAY RECOVER FEES WHERE FIRED BY CLIENT
  2. MAY NOT RECOVER FEES WITH WITHDRAWN
43
Q

1

CONSEQUENCE OF CONTRIBUTORY NEGLIGENCE

A
  1. COMPLETE BAR TO PLAINTIFF’S RECOVERY
44
Q

1

DEFENSE OF NECESSITY (CRIMINAL) MAY BE RAISED BY DEFENDANT WHERE

A
  1. DEFENDANT REASONABLY BELIEVED ACT WAS NECESSARY TO PROTECT SELF, OTHERS AND/OR PROPERTY
45
Q

2

REASONABILITY REQUIREMENT FOR DEFENSE OF NECESSITY PRIVILEGE TO EXIST

A
  1. VALUE OF PROPERTY DEFENDED MUST OUTWEIGH
  2. VALUE OF DAMAGE CAUSED BY DEFENSE
46
Q

4

GENERAL DAMAGES COMPENSATE FOR

A
  1. PAIN
  2. SUFFERING
  3. INCONVENIENCE
  4. EMOTIONAL DISTRESS
47
Q

2

PUBLIC NUSIANCE - LIABILITY ARISES WHERE DEFENDANT

A
  1. CREATES UNREASONABLE INTERFERENCE
  2. THAT PARTICULARLY INJURES PLAINTIFF’S USE AND ENJOYMENT OF PUBLIC RESOURCES
48
Q

1

MBE MISSED - AN AGREEMENT EXCHANGING PAYMENT FOR WRITING AN OFFER (PERFORMANCE) IS A

A
  1. UNILATERAL CONTRACT
49
Q

2

UNSOLD VS. SOLD STOCK SHARES

A
  1. UNSOLD SHARES ARE AUTHORIZED AND UNISSUED
  2. SOLD SHARES ARE ISSUED AND OUTSTANDING
50
Q

1

MBE MISSED - COMMERCE CLAUSE - FOR STATE LICENSING QUESTIONS, LOOK FOR LICENSING REQUIREMENT’S EFFECT ON

A
  1. INTERSTATE COMMERCE
51
Q

4

PREMARITAL AGREEMENT DISCLOSURE REQUIREMENTS - DISCLOSURE MUST BE

A
  1. COMPLETE
  2. RECEIVED AT LEAST SEVEN DAYS BEFORE SIGNING
  3. ADVISE RECIPIENT TO SEEK INDEPENDENT COUNSEL
  4. IN LANGUAGE OF RECIPIENT’S UNDERSTANDING
52
Q

1

EVIDENCE - CRIMINAL - CHARACTER EVIDENCE IS ONLY ALLOWED WHERE DEFENDANT

A
  1. OPENS THE DOOR TO A SPECIFIC CHARACTER TRAIT

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

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