deck L (565-615) Flashcards
3
SARBANES-OXLEY CRIMINAL PENALTIES
- DESTROY OR ALTER CORPORATE DOCS OR AUDIT RECORDS -FINE AND UP TO 20 YEARS IN PRISON
- COMMIT SECURITIES FRAUD - UP TO 25 YEARS IN PRISON
- WHISTLEBLOWERS ARE PROTECTED
2
AGENT’S LIABILILITY FOR ACTING W/OUT PRINCIPAL’S AUTHORITY
- PRINCIPAL IS NOT LIABLE
- AGENT IS PERSONALLY LIABLE
2
TRANSFERRABILITY OF INTERESTS IN A LLC
- MANAGEMENTS INTERESTS ARE NOT FREELY TRANSFERRABLE
- RIGHT TO RECEIVE PROFITS AND LOSSES ARE TRANSFERRABLE
2
REQUIREMENTS FOR SHAREHOLDER VOTES ON BOARD CHANGES, CORPORATE ACTIONS
- QUORUM (MAJORITY OF OUTSTANDING SHARES) MUST HAVE VOTED
- THE MAJORITY OF THOSE VOTES WERE CAST IN FAVOR OF THE ACTION.
3
SPECIAL CLASSIFICATIONS - PERSONAL INJURY - DISPOSAL OF DAMAGES
- PERSONAL INJURY DAMAGES RECEIVED DURING MARRIAGE ARE COMMUNITY PROPERTY
- PERSONAL INJURY DAMAGES FOR INJURY RECEIVED DURING MARRIAGE ARE ASSIGNED TO INJURED SPOUSE AFTER DIVORCE UNLESS JUSTICE DEMANDS OTHERWISE
- REIMBURSEMENT MADE TO COMMUNITY WHERE COMMUNITY INCCURED EXPENSES ON BEHALF OF INJURED SPOUSE
1
SPECIAL CLASSIFICATIONS - PENSION PLANS AND VESTING
- CP REGARDLESS OF VESTING TIME
2
DEBT - SPOUSE’S SEPARATE PROPERTY’S RESPONSIBILTY FOR LIABILITY
- SPOUSES SEPARATE PROPERTY ONLY AVAILABLE FOR PERSONAL LIABILITY
- UNLESS COMMUNITY DEBT INCURRED BY NECESSARIES OF LIFE FOR CHILD OR SPOUSE
1
MARRIED WOMAN’S SPECIAL PRESUMPTION
RESULT OF PROPERTY TAKEN W/HUSBAND’S NAME BUT NO JOINT TENANCY FORM OR MENTION OF “HUSBAND AND WIFE”
- PROPERTY BECOMES 1/2 SP AND 1/2 CP
3
COMMUNITY PROPERTY USED TO MAKE PAYMENTS ON SEPARATE PROPERTY -
MARRIAGE OF MOORE FORMULA FOR FINDING COMMUNITY INTEREST
- AMOUNT COMMUNITY PAID DOWN PRINCIPAL
- DIVIDED BY THE TOTAL LOAN AMOUNT
- RESULT IS COMMUNITY’S SHARE
2
VALID WILL - SIGNING REQUIREMENTS - WILL MUST BE EXECUTED BY
- TESTATOR OR
- SOMEONE AT TESTATOR’S DIRECTION IN TESTATOR’S PRESENCE
1
CAPACITY - AGE REQUIREMENTS FOR VALID WILL
- “OF LEGAL AGE” - TESTATOR IS AT LEAST 18
4
FRAUD OR UNDUE INFLUENCE BY BENEFICIARY IN DONATIVE TRANSFERS REBUTTABLY PRESUMED WHERE BENEFICIARY IS
- DRAFTER OF TRANSFER
- FIDUCIARY OF TRANSFEROR WHO TRANSCRIBED TRANSFER OR CAUSED TRANSCRIPTION OF TRANSFER
- CARE CUSTODIAN OF TRANSFEROR OR PROVIDED CARE W/IN 90 DAYS OF TRANSFER
- COHABITANT OR EMPLOYEE OF THE SAME
2
SURVIVOR’S RIGHTS - PROPERTY TRANSFERS
- SURVIVING SPOUSE CAN SET ASIDE DECEDENT SPOUSE’S TRANSFERS OF CP AND QCP TO THE EXTENT TRANSFEREE STILL HAS PROPERTY
- WHERE TRANSFEREE DOESN’T HAVE PROPERTY, SURVIVING SPOUSE CAN MAKE A CLAIM AGAINST THE ESTATE FOR HALF OF THE TRANSFER PROCEEDS
1
PER CAPITA DISTRIBUTION
- EACH DESCENDENT TAKES AN EQUAL SHARE OF DECEDENT’S ASSETS
2
ORAL TRUST LIMITATIONS AND PROOF
- MAY ONLY BE FOR PERSONAL PROPERTY
- MAY BE PROVED BY CLEAR AND CONVINCING EVIDENCE
6
TRUSTS ESSAY STRUCTURE
DIRTY
CHEATS
EAT
DIRTY CHEATS
VERY ROTTEN
LUNCHMEATS
- TRUST DEFINITION
- TRUST CREATION
- EXPRESS TRUST DEFINITION
- EXPRESS TRUST CREATION
- VALID TRUST REQUIREMENTS
- LIMITATIONS ON TRUSTS
2
TYPES OF COMPENSATORY DAMAGES IN
TORT ACTIONS
- GENERAL DAMAGES
- SPECIAL DAMAGES
3
TRACING FOR CONSTRUCTIVE TRUSTS
- IMIPROPERLY OBTAINED PROPERTY IS SOLD OR EXCHANGED FOR NEW PROPERTY
- PLAINTIFF CAN TRACE PROPERTY WHERE IT IS SOLELY TRACEABLE TO ITS CURRENT FORM
- FUNDS ARE NOT COMMINGLED
2
ADVERSE POSSESSION - RUNNING OF THE STATUTE REQUIREMENTS
- AT COMMON LAW, 20 YEARS
- VARIES BY JURISDICTION
2
EVIDENCE ALLOWED FOR SOF EXCEPTION TO EQUITABLE MORTGAGE
- PAROL EVIDENCE MAY BE USED
- TO SHOW INTENT
3
DEED OF TRUST
- FUNCTIONS LIKE MORTGAGE
- GIVEN TO THIRD PARTY TRUSTEE
- DEBTOR IS MADE “TRUSTOR”
1
POSSIBLITY OF REVERTER - FUTURE INTEREST CONVEYED BY
- FEE SIMPLE DETERMINABLE
2
REMEDIES FOR ACTUAL PARTIAL EVICTION
- TENANT MAY WITHHOLD ENTIRE RENT
- TENANT DOES NOT HAVE TO MOVE OUT
3
TRADE FIXTURES - DEFINTION AND REMOVAL
- AFFIXED TO REAL ESTATE BY COMMERCIAL TENANT FOR BUSINESS PURPOSES
- STRONGLY PRESUMED REMOVABLE
- TENANT BEARS COST OF REPAIR FOR DAMAGES CAUSED BY REMOVEABLE
2
EASEMENT IN GROSS
- CREATED TO BENEFIT A PARTICULAR PERSON (EASEMENT HOLDER)
- TIED TO A PARTICULAR PIECE OF LAND (SERVIENT ESTATE)
1
PERSONAL JURISDICTION
- JURISDICTION OVER THE PARTIES INVOLVED IN THE CASE
2
FEDERAL COURTS HAVE SUBJECT MATTER JURISDICTION OVER
- FEDERAL QUESTION CASES
- DIVERSITY OF CITIZENSHIP CASES
4
CORPORATION’S RESIDENCE FOR ESTABLISHING VENUE IN CALIFORNIA CAN BE
- THE COUNTY OF PPB OR
- THE COUNTY WHERE CONTRACT ENTERED INTO
- THE COUNTY WHERE CONTRACT BREACHED OR
- THE COUNTY WHERE LIABILILTY AROSE
2
NOTICE REQUIREMENTS FOR SERVICE OF INITIAL PLEADINGS - DEFENDANT MUST BE SERVED
- BY A REASONABLE METHOD
- AND GIVEN AN OPPORTUNITY TO BE HEARD.
2
CALIFORNIA APPLICATIONS ATTORNEY WORK PRODUCT APPLIES TO WORK GENERATED BY THE
- ATTORNEY
- OR HIS AGENT
3
ORGANIZATIONAL STANDING
- MEMBERS HAVE STANDING INDIVIDUALLY
- INTERESTS ASSERTED RELATE TO ORGANIZATION’S PURPOSE
- NO UNIQUE INJURY AMONG MEMBERS REQUIRING INDIVIDUAL PARTICIPATION
1
SILA SEARCH - ARRESTEE - POLICE MAY SEARCH
- AREA WITHIN ARRESTEE’S IMMEDIATE CONTROL
1
IMPARTIAL JURORS MUST REPRESENT
- A FAIR CROSS-SECTION OF THE COMMUNITY
3
FALSE PRETENSES - OCCURS WHERE DEFENDANT ACTS WITH
- SPECIFIC INTENT
- KNOWINGLY MAKING A FALSE STATEMENT OR PROMISE
- INDUCING VICTIM TO GIVE DEFENDANT MONEY OR TITLE TO PERSONAL PROPERTY.
1
MALUM IN SE CRIME
- A MALUM IN SE CRIME INVOLVES MORAL TURPITUDE.
3
CRIMINAL FRAUD - FRAUD IS THE CRIME OF
- MAKING A KNOWING MISREPRESENTATION OF MATERIAL FACTS
- WITH THE SPECIFIC INTENT TO INDUCE RELIANCE ON THE MISREPRESENTED FACTS
- TO PERMANENTLY DEPRIVE VICTIM OF PROPERTY OR SERVICES.
2
AT COMMON LAW, AN ACCESSORY IS ONE WHO
- AIDS THE PRINCIPAL IN THE COMMISSION OF A CRIME
- BEFORE OR AFTER ITS COMMISSION.
4
BUSINESS RECORDS AND KRAP
Regular practice of the business to KEEP
Made in the REGULAR course of business
Made AT or near the time of the event
Made by an employee with PERSONAL knowledge, or provided to that employe
3
STATEMENT AGAINST INTEREST EXCEPTION
- DECLARANT MUST BE UNAVAILABLE
- STATEMENT AGAINST PECUNIARY, PROPRIETARY OR PENAL INTEREST OF WITNESS WHEN MADE
- DECLARANT MUST HAVE PERSONAL KNOWLEDGE OF THE FACTS
2
DYING DECLARATION EXCEPTION
- DECLARANT’S STATEMENT MADE WHEN HE BELIEVED DEATH WAS IMMINENT
- RELATING TO CAUSE OR CIRCUMSTANCES OF DEATH
1
LAWYER RECEIVING CONFIDENTIAL INFORMATION CAN CAN ACCOMODATE CONFLICT WITH DUTY BY
- TURNING OVER INFORMATION WHILE REFUSING TO DISCLOSE SOURCE
4
DUTY TO PRESERVE DECORUM FACTORS - LAWYER MAY NOT
- COMMUNICATE EX PARTE WITH JUDGE
- GIFT JUDGE (EXCLUDING CAMPAIGN CONTRIBUTIONS)
- COMMUNICATE OR SEEK TO INFLUENCE JURORS DURING LEGAL PROCEEDINGS
- HARASS JURORS
5
UNDER TORT LAW, NO DUTY TO RESCUE OTHERS FROM HARM EXISTS UNLESS
- STATUTE
- CONTRACT
- RELATIONSHIP
- PLACED IN PERIL
- ASSUMPTION
2
LIABILITY FOR FALSE IMPRISONMENT ARISES WHERE DEFENDANT
- INTENTIONALLY CONFINES PLAINTIFF TO A FIXED SPACE
- WITH PLAINTIFF’S AWARENESS OF CONFINEMENT
3
THREE TYPES OF PRODUCT DEFECTS
- DESIGN DEFECTS
- MANUFACTURING DEFECTS
- FAILURE TO WARN
3
GROUNDS TO SUPPORT AN INVOLUNTARY DISSOLUTION OF A CORPORATION
- FRAUD, MISUSE
- CORP ABANDONED FOR OVER A YEAR
- INTERNAL DEADLOCK PREVENTS CORP FROM BEING AN ADVANTAGE TO SHAREHOLDERS
2
MBE MISSED - APPROPRIATE REMEDY FOR WASTE COMMITTED BY LIFE ESTATE HOLDER WHEN NOT ALL VESTED REMAINDERMEN EXIST YET
- INJUNCTION STOPPING FURTHER WASTE
- IMPOUND DAMAGES UNTIL ALL POSSIBLE REMAINDERMEN EXIST
2
ATTORNEY WORK PRODUCT - FEDERAL - ATTORNEY WORK PRODUCT MATERIAL (WITH THE EXCEPTION OF ATTY’S MENTAL IMPRESSIONS) CAN BE OBTAINED WHERE PARTY SEEKING DISCOVERY CAN SHOW
- UNDUE HARDSHIP
- NO OTHER MEANS OF OBTAINING THE MATERIAL
3
TO BE EFFECTIVE, A DEED MUST
- COMPLY WITH FORMALITY REQUIREMENTS,
- BE DELIVERED
- AND ACCEPTED
1
A QUORUM OF THE BOARD OF DIRECTORS IS BROKEN WHERE
- A DIRECTOR WITHDRAWS
1
RAPE SHIELD - FRE - CIVIL CASE - EVIDENCE RE PLAINTIFF’S REPUTATION MAY ONLY BE ADMITTED WHERE
- PLAINTIFF PUTS IT AT ISSUE
