deck K (514-564) Flashcards
6
SECTION 16(B) SHORT SWING PROFITS
LIABILITY IS TRIGGERED WHEN
- CORPORATE INSIDER
- BUYS AND SELLS
- OR SELLS AND REPURCHASES
- ANY SHARES OF THEIR CORPORATION
- WITHIN SIX MONTHS OF THE INTITIAL TRANSACTION
3
TIPPERS
- PROVIDE INSIDER INFORMATION
- LIABLE WHERE INFORMATION WAS SHARED FOR PERSONAL GAIN OF ANY KIND
- LIABLE WHERE INFO WAS USED TO TRADE BY ANYONE
2
SUBAGENT’S DUTIES
- AUTHORIZED ACTIVITY - SAME DUTY OWED TO PRINCIPAL
- UNAUTHORIZED ACTIVITY - DUTY OWED ONLY TO AGENT
3
EXCEPTIONS TO PRINCIPAL NOT HAVING LIABILITY FOR INTENTIONAL TORTS OF AN AGENT
- SPECIFICALLY AUTHORIZED
- NATURAL RESULT FROM EMPLOYMENT
- TORTIOUS ACT WAS MOTIVATED BY INTENT TO SERVE PRINCIPAL
2
TITLED PROPERTY DEEMED ASSETS OF PARTNERSHIP WHERE
- TITLED IN PARTNERSHIP’S NAME
- TITLED IN PARTNER’S NAME AND INSTRUMENT TRANSFERRING TITLE INDICATES OWNER IS PARTNER OR REFERENCES PARTNERSHIP
4
COMMUNITY PROPERTY
- ALL PROPERTY
- ACQUIRED BY MARRIED PERSON
- WHILE DOMICILED IN CA
- THAT ISN’T CLASSIFIED AS SP
5
SP EXPENDITURES MADE TO BENEFIT CP REAL ESTATE
ANTI-LUCAS 1
- 1984-1986
- PROPERTY HELD BY JOINT TENANTS WAS PRESUMPTIVELY CP
- UNLESS WRITTEN AGREEMENT TO CONTRARY
- OR CLEARLY STATED OTHERWISE IN DEED
- RIGHT TO REIMBURSEMENT OF SP
2
DISTRIBUTION OF ASSETS AT DEATH - DECEDENT TRIES TO DEVISE MORE THAN 1/2 COMMUNITY ASSETS IN WILL
- SURVIVING SPOUSE MAY ELECT TO TAKE CP RIGHTS INSTEAD OF DEVISE
- SURIVING SPOUSE MAY ELECT TO TAKE DEVISE UNDER WILL IN LIEU OF CP RIGHTS
7
UNINCORPORATED WRITING REFERENCING LIMITED TANGIBLE PERSONAL ITEMS MAY BE ADMITTED INTO PROBATE WHERE:
- REFERRED TO IN THE WILL
- DATED AND IN TESTATOR’S HANDWRITING
- OR SIGNED BY TESTATOR
- UNLESS INTENT CAN BE SHOWN
- DESCRIBES ITEMS AND BENEFICIARIES
- EACH ITEM IS WORTH 5K OR LESS
- NO MORE THAN 25K TOTAL DISPOSED
4
REVOCATION OF WILL - PHYSICAL ACT
- DESTRUCTIVE ACT
- BY TESTATOR
- OR IN TESTATOR’S PRESENCE AT HIS DIRECTION
- WITH INTENT TO REVOKE WILL
1
SPECIFIC GIFTS
- SPECIFIC, IDENTIFIABLE PROPERTY
4
CONSTRUCTIVE TRUST AS REMEDY FOR WRONGFULLY OBTAINING LEGAL TITLE TO PROPERTY - OCCURS WHERE THE WRONGFUL ACT
- LED TO DETENTION OF AND OBTAINING LEGAL TITLE TO PROPERTY
- DEFENDANT IS MADE TRUSTEE OF UNJUSTLY RETAINED PROPERTY
- COMPELLING HIM TO RETURN PROPERTY TO PLAINTIFF
- RENDERING LIABLE FOR ANY DAMAGES CAUSED TO PROPERTY
6
INADEQUATE LEGAL REMEDY FOR FOR INJUNCTIVE RELIEF MAY RESULT FROM
- INSOLVENT DEFENDANT OR
- MONEY DAMAGES SPECULATIVE OR
- MONEY DAMAGES INADEQUATE OR
- MULTIPLICITY OF POTENTIAL LAWSUITS OR
- PROSPECTIVE TORT COULD OCCUR OR
- PROPERTY IS UNIQUE
2
PROPERTY RIGHT REQUIREMENT FOR PERMANENT INJUNCTION
- AT COMMON LAW, PROPERTY REQUIRED
- MODERNLY, IN CA, ANY RIGHT IS SUFFICIENT
3
PLAINTIFF’S PERFORMANCE REQUIREMENT FOR AN AWARD OF SPECIFIC PERFORMANCE MAY BE SATISIFED WHEN PLAINTIFF SHOWS HER PERFORMANCE DUTIES
- HAVE BEEN PERFORMED
- CAN BE PERFORMED IMMEDIATELY
- OR VALID EXCUSE EXISTS FOR THEIR NON-PERFORMANCE
3
THREE PRESENT COVENANTS OF TITLE CONTAINED IN GENERAL WARRANTY DEED
- SEISIN - WARRANTS GRANTOR OWNS WHAT HE PURPORTS TO OWN
- RIGHT TO CONVEY - WARRANTS GRANTOR HAS POWER TO MAKE CONVEYANCE
- AGAINST ENCUMBRANCES - WARRANTS NO MORTGAGES, LIENS, EASEMENTS OR OTHER USE RESTRICTIONS ON LAND
3
FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT - OWNERSHIP IS
- POTENIALLY INFINITE
- SUBJECT TO OCCURENCE OF POSSIBLE EVENT
- IF GRANTOR TIMELY EXERCISES RIGHT OF REENTRY
3
FIXTURES DEFINITION
- ITEMS WERE ONCE MOVEABLE CHATTEL
- NOW SO ATTACHED TO THE REAL ESTATE
- THEY ARE DEEMED FIXTURES TO THE REAL ESTATE
4
END OF EASEMENT BY PRESCRIPTION
- ADVERSE
- OPEN
- CONTINUOUS FOR STATUATORY PERIOD
- INTERRUPTION OF EASEMENT HOLDERS USE OF EASEMENT
2
REAL COVENANT - CL AND MODERN NOTICE REQUIREMENT FOR A BURDEN TO RUN WITH THE LAND
- AT COMMON LAW, NO NOTICE REQUIREMENT
- MODERNLY, ACTUAL, CONSTRUCTIVE OR QUERY NOTICE REQUIRED.
1
REAL COVENANT - TOUCH AND CONCERN REQUIREMENT - THE COVENANT MUST
- DIRECTLY RELATE TO THE USE AND ENJOYMENT OF THE LAND.
1
REMEDY FOR BREACH OF REAL COVENANT
- MONETARY DAMAGES
3
ADDITIONAL FACTORS OF CONSIDERATION ON FAIRNESS OF FORUM
- COURT’S INTEREST IN JUDICIAL ECONOMY
- PLAINTIFF’S INTEREST IN CONVENIENT RELIEF
- FORUM STATE’S INTEREST IN REGULATING ACTIVITY AND PROTECTING ITS CITIZENS.
2
DOMICILE REQUIREMENTS FOR PRIVATE CITIZEN
- PARTY HAS SUBJECTIVE INTENT TO MAKE STATE HIS PERMANENT HOME
- PARTY IS PHYSICALLY PRESENT IN THE STATE.
2
SUBSTITUTE SERVICE REQUIREMENTS -CORPORATIONS - CA
- ONLY ON DEFENDANT’S REGISTERED AGENT
- OR ONE WHO IS APPARENTLY IN CHARGE OF OFFICE DURING NORMAL OFFICE HOURS.
2
INTERVENTION OF RIGHT - INTERVENOR HAS INHERIT RIGHT TO PARTICIPATE WHERE
- PARTY HAS PROPERTY OR TRANSACTION THAT IS THE SUBJECT OF THE INSTANT CASE
- PARTY SHOWS HER INTERESTS ARE NOT PRESENTLY REPRESENTED IN LAWSUIT
2
MANDATORY DISMISSAL IN CALIFORNIA
- WHERE CASE IS NOT BROUGHT TO TRIAL W/IN FIVE YEARS
- WHERE CASE HAS NOT BEEN SERVED W/IN TWO YEARS OF FILING
3
SUPREMACY CLAUSE CAN BE VIOLATED WHERE STATE LAW
- IS IN DIRECT CONFLICT WITH FEDERAL LAW
- INTERFERES WITH ACHIEVEMENT OF FEDERAL OBJECTIVE
- INTERFERES WITH FIELD CONGRESS INTENDS TO OCCUPY EXCLUSIVELY
3
PROCEDURAL DUE PROCESS - WHERE A LIFE, LIBERTY OR PROPERTY INTEREST HAS BEEN IMPAIRED, EVALUATION OF NECESSITY FOR PROCESS IS A BALANCING TEST BETWEEN
- IMPORTANCE OF PRIVATE INTEREST AFFECTED
- LIKELIHOOD OF PROCESS PRODUCING BETTER RESULTS
- BURDEN PROCESS WILL CREATE ON GOVERNMENT
3
SELF-RESPRESENTATION IS ALLOWED WHERE DEFENDANT WAIVES HIS RIGHT TO COUNSEL
- KNOWINGLY,
- INTELLIGENTLY
- AND WILLING
4
VOLUNTARY MANSLAUGHTER
- AN INTENTIONAL HOMICIDE
- COMMITTED WITHOUT MALICE AFORETHOUGHT
- RESULTING FROM ADEQUATE PROVOCATION
- OR OTHER MITIGATING FACTORS.
4
DEFENSE OF DOMESTIC AUTHORITY
- DEFENDANTS WITH LEGALLY RECOGNIZED POSITIONS OF AUTHORITY OVER OTHERS
- HAVE A QUALIFIED PRIVILEGE
- TO USE REASONABLE NON-DEADLY FORCE
- IN THE PROPER PERFORMANCE OF THEIR DUTIES.
3
CONTRACTS - DEFENSE OF MUTUAL MISTAKE AVAILABLE WHERE
- PARTIES ENTERED THE CONTRACT WITH A MUTUAL MISUNDERSTANDING OF MATERIAL FACT
- MAKING THE CONTRACT VOID AB INITIO
- BECAUSE THERE NEVER WAS A MEETING OF MINDS
2
CONTRACT - OCCURENCES THAT WILL CONSTITUTE A BREACH OF GOOD FAITH
- FRAUD OR CONCEALMENT AT THE TIME OF THE CONTRACT
- FAILURE OF AN IMPLIED COVENANT
1
WHEN DOES ASSIGNMENT BECOME EFFECTIVE?
- WHEN PROMISOR HAS NOTICE OF THE ASSIGNMENT.
3
WHO IS AN INTENDED THIRD PARTY BENEFICIARY?
- A PARTY INTENDED TO BENEFIT FROM A CONTRACT
- WHO MAKE SEEK TO ENFORCE THE CONTRACT
- OR SEEK DAMAGES FOR ITS BREACH.
2
CONDITION SUBSEQUENT
- A CONDITION OCCURRING AFTER AN ALREADY RIPENED DUTY.
- WHICH OCCURRENCE OR NON-OCCURENCE WILL EXCUSE THE DUTY.
2
DIVISIBLE CONTRACT
- A CONTRACT DIVIDING THE PARTIES’ PERFORMANCE DUTIES INTO SETS OF MATCHED PAIRS
- SO FAILURE OF ONE PERFORMANCE DUTY DOES NOT AMOUNT TO BREACH OF THE ENTIRE CONTRACT.
3
MAILBOX RULE - RESULT WHEN OFFEROR RECEIVES A REJECTION WITHOUT KNOWLEDGE OF DISPATCHED ACCEPTANCE
- IF OFFEROR CHANGED POSITION IN RELIANCE ON REJECTION
- WITHOUT KNOWLEDGE OF DISPATCHED ACCEPTANCE
- REJECTION IS BINDING.
2
GIFTS FROM CLIENT PROSCRIPTION
- LAWYER CANNOT INDUCE OR SOLICIT A SUBSTANTIAL GIFT FROM CLIENT
- CANNOT PREPARE AN INSTRUMENT GIVING HIMSELF A GIFT UNLESS HE’S RELATED TO CLIENT
2
RECOVERY OF UNPAID FEES
- MAY RECOVER FEES WHERE FIRED BY CLIENT
- MAY NOT RECOVER FEES WITH WITHDRAWN
1
CONSEQUENCE OF CONTRIBUTORY NEGLIGENCE
- COMPLETE BAR TO PLAINTIFF’S RECOVERY
1
DEFENSE OF NECESSITY (CRIMINAL) MAY BE RAISED BY DEFENDANT WHERE
- DEFENDANT REASONABLY BELIEVED ACT WAS NECESSARY TO PROTECT SELF, OTHERS AND/OR PROPERTY
2
REASONABILITY REQUIREMENT FOR DEFENSE OF NECESSITY PRIVILEGE TO EXIST
- VALUE OF PROPERTY DEFENDED MUST OUTWEIGH
- VALUE OF DAMAGE CAUSED BY DEFENSE
4
GENERAL DAMAGES COMPENSATE FOR
- PAIN
- SUFFERING
- INCONVENIENCE
- EMOTIONAL DISTRESS
2
PUBLIC NUSIANCE - LIABILITY ARISES WHERE DEFENDANT
- CREATES UNREASONABLE INTERFERENCE
- THAT PARTICULARLY INJURES PLAINTIFF’S USE AND ENJOYMENT OF PUBLIC RESOURCES
1
MBE MISSED - AN AGREEMENT EXCHANGING PAYMENT FOR WRITING AN OFFER (PERFORMANCE) IS A
- UNILATERAL CONTRACT
2
UNSOLD VS. SOLD STOCK SHARES
- UNSOLD SHARES ARE AUTHORIZED AND UNISSUED
- SOLD SHARES ARE ISSUED AND OUTSTANDING
1
MBE MISSED - COMMERCE CLAUSE - FOR STATE LICENSING QUESTIONS, LOOK FOR LICENSING REQUIREMENT’S EFFECT ON
- INTERSTATE COMMERCE
4
PREMARITAL AGREEMENT DISCLOSURE REQUIREMENTS - DISCLOSURE MUST BE
- COMPLETE
- RECEIVED AT LEAST SEVEN DAYS BEFORE SIGNING
- ADVISE RECIPIENT TO SEEK INDEPENDENT COUNSEL
- IN LANGUAGE OF RECIPIENT’S UNDERSTANDING
1
EVIDENCE - CRIMINAL - CHARACTER EVIDENCE IS ONLY ALLOWED WHERE DEFENDANT
- OPENS THE DOOR TO A SPECIFIC CHARACTER TRAIT
