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CA Bar Outlined and Numbered (with prompts) > deck M (616-666) > Flashcards

deck M (616-666) Flashcards

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MBE flashcards
1
Q
A
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2
Q

2

BOARD OF DIRECTORS

A
  1. USUALLY, INITIAL BOARD LISTED IN ARTICLES
  2. VACANCIES ARE FILLED BY SHAREHOLDER VOTE
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3
Q

3

WHAT MAKES A GENERAL PARTNERSHIP?

A
  1. ASSOCIATION OF TWO OR MORE PERSONS
  2. OPERATING AS CO-OWNERS OF BUSINESS FOR PROFIT
  3. WHETHER OR NOT INTENT TO FORM PARTNERSHIP
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4
Q

7

PREMARITAL AGREEMENTS DEEMED INVOLUNTARY UNLESS

A
  1. HAD CAPACITY
  2. NO DURESS
  3. NO FRAUD
  4. NO UNDUE INFLUENCE
  5. PRESENTED WITH AGREEMENT AT LEAST SEVEN DAYS BEFORE SIGNING
  6. ADVISED TO SEEK INDEPENDENT COUNSEL
  7. WAIVED INDEPENDENT COUNSEL IN SEPARATE WRITING
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5
Q

3

COMMUNITY PROPERTY - CONTRIBUTIONS USED TO IMPROVE SPOUSE’S OWN SEPARATE PROPERTY

A
  1. COMMUNITY IS REIMBURSED FOR INCREASED VALUE OF SEPARATE PROPERTY
  2. OR REIMBURSED FOR AMOUNT CONTRIBUTED
  3. WHICHEVER IS GREATER
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6
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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7
Q

3

COMMINGLED FUNDS, TRANSMUTATION

AND TRACING

A
  1. WHERE SPOUSE ADVOCATING SEPERATE PROPERTY
  2. CAN TRACE SP PORTION OF FUNDS IN CP BANK ACCOUNT
  3. NO TRANSMUTING OF SP FUNDS TO CP
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8
Q

2

DEPENDENT RELATIVE REVOCATION REVIVES

A
  1. MOST RECENT WILL
  2. UNLESS CLEAR INTENT FROM TESTATOR TO REVIVE AN EARLIER WILL
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9
Q

2

WILLS -EXONERATION OF ENCUMBRANCE ON GIFT-ELEMENTS

A
  1. WILL REQUIRES ENCUMBRANCE ON GIFT BE PAID
  2. SO GIFT CAN BE DEVISED FREE AND CLEAR
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10
Q

6

REQUIREMENTS FOR A VALID TRUST

A
  1. SETTLOR
  2. PRESENT INTENT TO CREATE TRUST
  3. IDENTIFIABLE EXISTING PROPERTY (RES)
  4. LEGAL PURPOSE NOT AGAINST PUBLIC POLICY
  5. IDENTIFIABLE BENEFICIARIES
  6. TRUSTEE NEED NOT BE NAMED
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11
Q

3

TRUSTEE - DUTY OF LOYALTY

A
  1. NO SELF-DEALING
  2. NO CONFLICTS OF INTEREST
  3. TREAT ALL BENEFICIARIES EQUALLY
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12
Q

3

CONSEQUENCE OF THIRD PARTY KNOWINGINGLY RECEIVING TRUST PROPERTY

A
  1. CREATES CONSTRUCTIVE TRUST
  2. WHERE THIRD PARTY ACTS AS TRUSTEE
  3. MAKING HIM PERSONALLY LIABLE FOR ANY DAMAGE TO TRUST PROPERTY
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13
Q

2

VALID WILL - INTERESTED WITNESSES - CONSEQUENCE WHEN PRESUMPTION OF FRAUD, UNDUE INFLUENCE ETC. NOT REBUTTED

A
  1. ONLY INTERESTED WITNESS’ PORTION OF WILL INVALIDATED
  2. INTERESTED WITNESSES TAKE INTESTATE SHARE
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14
Q

3

VALID WILL REQUIREMENTS

A
  1. PRESENT TESTAMENTARY INTENT
  2. CAPACITY
  3. COMPLIANCE WITH REQUISITE FORMALITIES
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15
Q

4

EQUITY - REASONS FOR REMEDY INADEQUATE AT LAW

A
  1. INSOLVENT DEFENDANT
  2. REPLEVIN CAN’T WORK BECAUSE PROPERTY SOLD
  3. PROPERTY IS UNIQUE
  4. MONEY DAMAGES TOO SPECULATIVE
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16
Q

1

PERMISSIVE WASTE

A
  1. PROPERTY IS POORLY OR NOT MAINTAINED
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17
Q

1

LAND SALE CONTRACT

A
  1. CONTRACT CONVEYING AN INTEREST IN REAL PROPERTY
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18
Q

7

LANDLORD/TENANT QUESTIONS - ORDER OF TENANT STRING

A
  1. FIRST TENANTS LEASEHOLD
  2. LANDLORD’S INTEREST
  3. TENANT’S DUTIES - EXPRESS AND IMPLIED (RUNNING WITH LAND)
  4. ASSIGNMENT OR SUBLEASE
  5. SECOND TENANT IF APPLICABLE
  6. PRIVITY OF CONTRACT VS. PRIVITY OF ESTATE
  7. IMPLIED COVENANTS
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19
Q

1

IMPLIED EQUITABLE SERVITUDE - INQUIRY NOTICE

A
  1. THE NEIGHBORHOOD CLEARLY CONFORMS TO UNIFORM RESTRICTIONS AND SPECIFICATIONS.
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20
Q

1

RIPARIAN RIGHTS - COMMON LAW RULE

A
  1. OWNER MAY USE AS MUCH WATER AS HE CAN BUT TO BENEFICIAL USE.
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21
Q

2

JUDICIAL TRENDS ON MINIMAL CONTACTS BY INTERNET PRESENCE

A

1) PASSIVE WEBSITES INSUFFICIENT FOR CONTACT
2) INTERACTIVE AND AND COMMERCIAL SITES SUFFICIENT FOR CONTACT

22
Q

6

RESPONSE TO DISCOVERY REQUEST WHEN CLAIMING PRIVELEGE

A
  1. OBJECT WITH PARTICULARLITY
  2. IDENTIFY THE PRIVILEGED DOCUMENT
  3. ITS AUTHOR
  4. THE DATE
  5. THE RECIPIENTS
  6. AND THE SPECIFIC PRIVILEGE THAT APPLIES
23
Q

3

RENEWED JUDGMENT AS A MATTER OF LAW - FEDERAL

A
  1. PARTY MUST HAVE FILED A JMOL
  2. FILED AFTER JURY REACHES VERDICT
  3. ASKING FOR JUDGMENT AS A MATTER OF LAW BECAUSE REASONABLE PEOPLE COULD NOT DISAGREE W/RESULT
24
Q

3

ELEVENTH AMENDMENT MAKES STATES IMMUNE TO

A
  1. SUITS FROM CITIZENS OF OTHER STATES IN FEDERAL COURTS
  2. SUITS FROM CITIZENS OF FOREIGN STATES IN FEDERAL COURTS
  3. SUITS FROM ITS CITIZENS UNLESS CONSENTED TO
25
Q

3

TAKINGS CLAUSE - NON PER SE TAKING EVALUATION FACTORS

A
  1. ECONOMIC IMPACT ON CLAIMANT
  2. EXTENT OF INTERFERENCE WITH INVESTOR BACKED EXPECTATIONS
  3. CHARACTER OF GOVERNMENT ACTION
26
Q

2

EQUAL PROTECTION CLAUSE - QUASI-SUSPECT CLASSES

A
  1. GENDER
  2. ILLEGITIMACY
27
Q

1

ROUTINE STOP - PATDOWNS ARE OK IN A STOP AND FRISK WHERE

A
  1. SUSPECT APPEARS ARMED AND DANGEROUS
28
Q

1

CONSPIRACY - MANY JURISDICTION WILL IMPLY EVIDENCE OF AN AGREEMENT TO PARTICIPATE IN A CONSPIRACY

A
  1. BY ACTIONS
29
Q

2

RECEIVING STOLEN PROPERTY IS THE CRIME OF

A
  1. POSSESSING PROPERY KNOWN TO BE STOLEN
  2. WITH THE INTENT TO PERMANENTLY DEPRIVE THE OWNER OF RIGHTFUL POSSESSION OF THE SAME.
30
Q

2

UTTERING

A
  1. UTTERING IS THE CRIME OF USING A KNOWN FORGED DOCUMENT
  2. WITH THE INTENT TO DEFRAUD
31
Q

13

BAD SPLITS PEPPI F

(HEARSAY EXCEPTIONS AND MEANS OF GETTING HEARSAY ADMITTED.)

A
  1. BUSINESS RECORDS EXCEPTION
  2. ADMISSIONS BY PARTY OPPONENT
  3. DYING DECLARATION
  4. SPONATENOUS STATEMENT/EXCITED UTTERANCE
  5. PUBLIC RECORDS
  6. LEARNED TREATISE
  7. INTEREST, DECLARATION AGAINST
  8. TESTIMONY, FORMER
  9. STATE OF MIND OR CONDITION
  10. PRIOR CONSISTENT STATEMENT
  11. PRIOR INCONSISTENT STATEMENT
  12. IDENTIFICATION, PRIOR STATEMENT OF
  13. FORFEITURE BY WRONGDOING
32
Q

2

DYING DECLARATION EXCEPTION IS ONLY AVAILABLE TO USE IN THESE PROCEEDINGS

A
  1. CIVIL CASE
  2. HOMICIDE TRIAL
33
Q

4

PRESENT RECOLLECTION REFRESHED DIFFERENCES FROM PRESENT RECOLLECTION RECORDED

A
  1. RECORD DOESN’T NEED TO HAVE BEEN MADE IMMEDIATELY AFTER EVENT
  2. RECORD DOESN’T NEED TO HAVE BEEN MADE FROM FIRST HAND KNOWLEDGE
  3. WITNESS DOESN’T NEED TO HAVE BEEN INVOLVED WITH DOCUMENT CREATION.
  4. WITNESS NEED NOT TESTIFY TO RECORD’S ACCURACY.
34
Q

3

MBE - FREE EXERCISE CLAUSE AND PROSCRIBED RELIGIOUS CONDUCT

A
  1. VALID AND NEUTRAL LAW OF GENERAL APPLICABILITY
  2. RATIONALLY RELATED TO LEGITIMATE STATE PURPOSE
  3. MAY PROSCRIBE CONDUCT REQUIRED BY RELIGION
35
Q

2

UCC- AN ACCEPTANCE CONDITIONED ON OFFEROR’S ACCEPTANCE OF VARYING TERMS - VARYING TERMS WILL BE CONSIDERED

A
  1. PROPOSED MODIFICATIONS
  2. OR A COUNTER-OFFER AND REJECTION.
36
Q

2

AN INVITATION TO NEGOTIATE LACKS

A
  1. PRESENT CONTRACTUAL INTENT
  2. CERTAIN TERMS LEADING A REASONABLE PERSON TO CONCLUDE ASSENT WOULD FORM A BARGAIN
37
Q

2

ENFORCEMENT OF PARTIAL PERFORMANCE OF A DIVISIBLE CONTRACT

A
  1. A PARTY TO A DIVISIBLE CONTRACT MAY COLLECT THE CONTRACT PRICE FOR ALL DUTIES PERFORMED
  2. EVEN WHERE HE BREACHES THE REMAINDER OF THE CONTRACT.
38
Q

2

CONTRACT OF ADHESION

A
  1. THE RESULT OF A TAKE IT OR LEAVE IT OFFER
  2. WILL NOT BE ENFORCED WHERE SUFFICIENT CONTRACTUAL INTENT IS FOUND LACKING.
39
Q

2

DUTY TO REFRAIN FROM COMMUNICATING WITH REPRESENTED ADVERSE PARTY - ATTORNEY MAY NOT SPEAK TO

A
  1. ADVERSE PARTY WHO IS REPRESENTED BY COUNSEL
  2. EMPLOYEES OF ADVERSE PARTY REPRESENTED BY COUNSEL
40
Q

2

GIFTS TO ATTORNEYS

A
  1. ATTORNEYS CANNOT PREPARE ANY INSTRUMENT MAKING THE ATTORNEY OR A PERSON RELATED TO THE ATTORNEY RECIPIENT OF A SUBSTANTIAL GIFT
  2. UNLESS THE ATTORNEY IS RELATED TO THE CLIENT
41
Q

1

CONSEQUENCE OF COMPARATIVE FAULT FINDING

A
  1. PLAINTIFF’S RECOVERY IS REDUCED BY PERCENTAGE EQUAL TO PERCENTAGE OF FAULT FOUND
42
Q

3

DEFENDANT MAY USE THE DEFENSE OF DISCIPLINE WHERE DEFENDANT WAS

A
  1. A FIGURE OF AUTHORITY
  2. PRIVILEGED TO USE REASONABLE NON-DEADLY FORCE
  3. FOR THE REASONABLE APPLICATION OF DISCIPLINE WHERE APPROPRIATE
43
Q

4

ULTRAHAZARDOUS ACTIVITIES ELEMENTS

A
  1. ACTIVITY IS OF UNCOMMON USAGE AND UNCOMMON TO AREA
  2. POSE A HIGH DEGREE OF RISK THAT CANNOT BE ELIMINATED BY DUE CARE
  3. RISK OUTWEIGHS ITS UTILITY
  4. RISKED HARM IS SIGNIFICANT
44
Q

2

COMMON LAW DUTY TO KNOWN TRESPASSERS

A
  1. DUTY TO WARN OF HIDDEN DANGERS
  2. NO DUTY TO INSPECT
45
Q

1

LIABILITY UNDER RESPONDEAT SUPERIOR ARISES WHERE

A
  1. TORT WAS COMMITTED IN THE SCOPE OF EMPLOYMENT
46
Q

2

TRANSFERRED INTENT - LIABLITY ARISES FOR ALL INJURES CAUSED

A
  1. BY ANY INTENTIONAL TORTS CAUSED BY DEFENDANT’S ORIGINAL ACTION
  2. REGARDLESS OF DEFENDANT’S INTENT TO CAUSE INURIES
47
Q

2

ACTUAL CAUSE - TORTS

A
  1. BUT FOR DEFENDANT’S NEGLIGENCE
  2. PLAINTIFF’S INJURY WOULD NOT HAVE OCCURRED.
48
Q

1

MBE MISSED - WHEN ATTEMPTED CRIME MISTAKENLY INJURES WRONG VICTIM, DEFENDANT WILL BE CHARGED WITH ATTEMPTED CRIME AGAINST

A
  1. ORIGINALLY INTENDED VICTIM
49
Q

1

MBE MISSED - CONTENT NEUTRAL RESTRICTIONS ON SPEECH ARE REVIEWED USING

A
  1. INTERMEDIATE SCRUTINY
50
Q

1

HOW LONG DOES A SUSPECT’S INVOKED MIRANDA RIGHT TO COUNSEL LAST?

A
  1. UNTIL SUFFICIENT BREAK IN POLICE CUSTODY (14 DAYS)
51
Q

2

EQUITABLE MORTGAGE OCCURS WHERE

A
  1. MORTGAOR DELIVERS DEED TO MORTGAGEE
  2. INSTEAD OF SIGNING NOTE
52
Q

2

RESTRICTIONS ON SELLING CONTROLLING PERCENTAGE OF CORP SHARES - SALE AT PREMIUM MUST BE

A
  1. IN GOOD FAITH AND FAIR
  2. NOT MADE FOR PERSONAL BENEFIT FOR SALE OF A CORPORATE ASSET.

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

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