deck M (616-666) Flashcards
2
BOARD OF DIRECTORS
- USUALLY, INITIAL BOARD LISTED IN ARTICLES
- VACANCIES ARE FILLED BY SHAREHOLDER VOTE
3
WHAT MAKES A GENERAL PARTNERSHIP?
- ASSOCIATION OF TWO OR MORE PERSONS
- OPERATING AS CO-OWNERS OF BUSINESS FOR PROFIT
- WHETHER OR NOT INTENT TO FORM PARTNERSHIP
7
PREMARITAL AGREEMENTS DEEMED INVOLUNTARY UNLESS
- HAD CAPACITY
- NO DURESS
- NO FRAUD
- NO UNDUE INFLUENCE
- PRESENTED WITH AGREEMENT AT LEAST SEVEN DAYS BEFORE SIGNING
- ADVISED TO SEEK INDEPENDENT COUNSEL
- WAIVED INDEPENDENT COUNSEL IN SEPARATE WRITING
3
COMMUNITY PROPERTY - CONTRIBUTIONS USED TO IMPROVE SPOUSE’S OWN SEPARATE PROPERTY
- COMMUNITY IS REIMBURSED FOR INCREASED VALUE OF SEPARATE PROPERTY
- OR REIMBURSED FOR AMOUNT CONTRIBUTED
- WHICHEVER IS GREATER
4
COMMUNITY PROPERTY
- ALL PROPERTY
- ACQUIRED BY MARRIED PERSON
- WHILE DOMICILED IN CA
- THAT ISN’T CLASSIFIED AS SP
3
COMMINGLED FUNDS, TRANSMUTATION
AND TRACING
- WHERE SPOUSE ADVOCATING SEPERATE PROPERTY
- CAN TRACE SP PORTION OF FUNDS IN CP BANK ACCOUNT
- NO TRANSMUTING OF SP FUNDS TO CP
2
DEPENDENT RELATIVE REVOCATION REVIVES
- MOST RECENT WILL
- UNLESS CLEAR INTENT FROM TESTATOR TO REVIVE AN EARLIER WILL
2
WILLS -EXONERATION OF ENCUMBRANCE ON GIFT-ELEMENTS
- WILL REQUIRES ENCUMBRANCE ON GIFT BE PAID
- SO GIFT CAN BE DEVISED FREE AND CLEAR
6
REQUIREMENTS FOR A VALID TRUST
- SETTLOR
- PRESENT INTENT TO CREATE TRUST
- IDENTIFIABLE EXISTING PROPERTY (RES)
- LEGAL PURPOSE NOT AGAINST PUBLIC POLICY
- IDENTIFIABLE BENEFICIARIES
- TRUSTEE NEED NOT BE NAMED
3
TRUSTEE - DUTY OF LOYALTY
- NO SELF-DEALING
- NO CONFLICTS OF INTEREST
- TREAT ALL BENEFICIARIES EQUALLY
3
CONSEQUENCE OF THIRD PARTY KNOWINGINGLY RECEIVING TRUST PROPERTY
- CREATES CONSTRUCTIVE TRUST
- WHERE THIRD PARTY ACTS AS TRUSTEE
- MAKING HIM PERSONALLY LIABLE FOR ANY DAMAGE TO TRUST PROPERTY
2
VALID WILL - INTERESTED WITNESSES - CONSEQUENCE WHEN PRESUMPTION OF FRAUD, UNDUE INFLUENCE ETC. NOT REBUTTED
- ONLY INTERESTED WITNESS’ PORTION OF WILL INVALIDATED
- INTERESTED WITNESSES TAKE INTESTATE SHARE
3
VALID WILL REQUIREMENTS
- PRESENT TESTAMENTARY INTENT
- CAPACITY
- COMPLIANCE WITH REQUISITE FORMALITIES
4
EQUITY - REASONS FOR REMEDY INADEQUATE AT LAW
- INSOLVENT DEFENDANT
- REPLEVIN CAN’T WORK BECAUSE PROPERTY SOLD
- PROPERTY IS UNIQUE
- MONEY DAMAGES TOO SPECULATIVE
1
PERMISSIVE WASTE
- PROPERTY IS POORLY OR NOT MAINTAINED
1
LAND SALE CONTRACT
- CONTRACT CONVEYING AN INTEREST IN REAL PROPERTY
7
LANDLORD/TENANT QUESTIONS - ORDER OF TENANT STRING
- FIRST TENANTS LEASEHOLD
- LANDLORD’S INTEREST
- TENANT’S DUTIES - EXPRESS AND IMPLIED (RUNNING WITH LAND)
- ASSIGNMENT OR SUBLEASE
- SECOND TENANT IF APPLICABLE
- PRIVITY OF CONTRACT VS. PRIVITY OF ESTATE
- IMPLIED COVENANTS
1
IMPLIED EQUITABLE SERVITUDE - INQUIRY NOTICE
- THE NEIGHBORHOOD CLEARLY CONFORMS TO UNIFORM RESTRICTIONS AND SPECIFICATIONS.
1
RIPARIAN RIGHTS - COMMON LAW RULE
- OWNER MAY USE AS MUCH WATER AS HE CAN BUT TO BENEFICIAL USE.
2
JUDICIAL TRENDS ON MINIMAL CONTACTS BY INTERNET PRESENCE
1) PASSIVE WEBSITES INSUFFICIENT FOR CONTACT
2) INTERACTIVE AND AND COMMERCIAL SITES SUFFICIENT FOR CONTACT
6
RESPONSE TO DISCOVERY REQUEST WHEN CLAIMING PRIVELEGE
- OBJECT WITH PARTICULARLITY
- IDENTIFY THE PRIVILEGED DOCUMENT
- ITS AUTHOR
- THE DATE
- THE RECIPIENTS
- AND THE SPECIFIC PRIVILEGE THAT APPLIES
3
RENEWED JUDGMENT AS A MATTER OF LAW - FEDERAL
- PARTY MUST HAVE FILED A JMOL
- FILED AFTER JURY REACHES VERDICT
- ASKING FOR JUDGMENT AS A MATTER OF LAW BECAUSE REASONABLE PEOPLE COULD NOT DISAGREE W/RESULT
3
ELEVENTH AMENDMENT MAKES STATES IMMUNE TO
- SUITS FROM CITIZENS OF OTHER STATES IN FEDERAL COURTS
- SUITS FROM CITIZENS OF FOREIGN STATES IN FEDERAL COURTS
- SUITS FROM ITS CITIZENS UNLESS CONSENTED TO
3
TAKINGS CLAUSE - NON PER SE TAKING EVALUATION FACTORS
- ECONOMIC IMPACT ON CLAIMANT
- EXTENT OF INTERFERENCE WITH INVESTOR BACKED EXPECTATIONS
- CHARACTER OF GOVERNMENT ACTION
2
EQUAL PROTECTION CLAUSE - QUASI-SUSPECT CLASSES
- GENDER
- ILLEGITIMACY
1
ROUTINE STOP - PATDOWNS ARE OK IN A STOP AND FRISK WHERE
- SUSPECT APPEARS ARMED AND DANGEROUS
1
CONSPIRACY - MANY JURISDICTION WILL IMPLY EVIDENCE OF AN AGREEMENT TO PARTICIPATE IN A CONSPIRACY
- BY ACTIONS
2
RECEIVING STOLEN PROPERTY IS THE CRIME OF
- POSSESSING PROPERY KNOWN TO BE STOLEN
- WITH THE INTENT TO PERMANENTLY DEPRIVE THE OWNER OF RIGHTFUL POSSESSION OF THE SAME.
2
UTTERING
- UTTERING IS THE CRIME OF USING A KNOWN FORGED DOCUMENT
- WITH THE INTENT TO DEFRAUD
13
BAD SPLITS PEPPI F
(HEARSAY EXCEPTIONS AND MEANS OF GETTING HEARSAY ADMITTED.)
- BUSINESS RECORDS EXCEPTION
- ADMISSIONS BY PARTY OPPONENT
- DYING DECLARATION
- SPONATENOUS STATEMENT/EXCITED UTTERANCE
- PUBLIC RECORDS
- LEARNED TREATISE
- INTEREST, DECLARATION AGAINST
- TESTIMONY, FORMER
- STATE OF MIND OR CONDITION
- PRIOR CONSISTENT STATEMENT
- PRIOR INCONSISTENT STATEMENT
- IDENTIFICATION, PRIOR STATEMENT OF
- FORFEITURE BY WRONGDOING
2
DYING DECLARATION EXCEPTION IS ONLY AVAILABLE TO USE IN THESE PROCEEDINGS
- CIVIL CASE
- HOMICIDE TRIAL
4
PRESENT RECOLLECTION REFRESHED DIFFERENCES FROM PRESENT RECOLLECTION RECORDED
- RECORD DOESN’T NEED TO HAVE BEEN MADE IMMEDIATELY AFTER EVENT
- RECORD DOESN’T NEED TO HAVE BEEN MADE FROM FIRST HAND KNOWLEDGE
- WITNESS DOESN’T NEED TO HAVE BEEN INVOLVED WITH DOCUMENT CREATION.
- WITNESS NEED NOT TESTIFY TO RECORD’S ACCURACY.
3
MBE - FREE EXERCISE CLAUSE AND PROSCRIBED RELIGIOUS CONDUCT
- VALID AND NEUTRAL LAW OF GENERAL APPLICABILITY
- RATIONALLY RELATED TO LEGITIMATE STATE PURPOSE
- MAY PROSCRIBE CONDUCT REQUIRED BY RELIGION
2
UCC- AN ACCEPTANCE CONDITIONED ON OFFEROR’S ACCEPTANCE OF VARYING TERMS - VARYING TERMS WILL BE CONSIDERED
- PROPOSED MODIFICATIONS
- OR A COUNTER-OFFER AND REJECTION.
2
AN INVITATION TO NEGOTIATE LACKS
- PRESENT CONTRACTUAL INTENT
- CERTAIN TERMS LEADING A REASONABLE PERSON TO CONCLUDE ASSENT WOULD FORM A BARGAIN
2
ENFORCEMENT OF PARTIAL PERFORMANCE OF A DIVISIBLE CONTRACT
- A PARTY TO A DIVISIBLE CONTRACT MAY COLLECT THE CONTRACT PRICE FOR ALL DUTIES PERFORMED
- EVEN WHERE HE BREACHES THE REMAINDER OF THE CONTRACT.
2
CONTRACT OF ADHESION
- THE RESULT OF A TAKE IT OR LEAVE IT OFFER
- WILL NOT BE ENFORCED WHERE SUFFICIENT CONTRACTUAL INTENT IS FOUND LACKING.
2
DUTY TO REFRAIN FROM COMMUNICATING WITH REPRESENTED ADVERSE PARTY - ATTORNEY MAY NOT SPEAK TO
- ADVERSE PARTY WHO IS REPRESENTED BY COUNSEL
- EMPLOYEES OF ADVERSE PARTY REPRESENTED BY COUNSEL
2
GIFTS TO ATTORNEYS
- ATTORNEYS CANNOT PREPARE ANY INSTRUMENT MAKING THE ATTORNEY OR A PERSON RELATED TO THE ATTORNEY RECIPIENT OF A SUBSTANTIAL GIFT
- UNLESS THE ATTORNEY IS RELATED TO THE CLIENT
1
CONSEQUENCE OF COMPARATIVE FAULT FINDING
- PLAINTIFF’S RECOVERY IS REDUCED BY PERCENTAGE EQUAL TO PERCENTAGE OF FAULT FOUND
3
DEFENDANT MAY USE THE DEFENSE OF DISCIPLINE WHERE DEFENDANT WAS
- A FIGURE OF AUTHORITY
- PRIVILEGED TO USE REASONABLE NON-DEADLY FORCE
- FOR THE REASONABLE APPLICATION OF DISCIPLINE WHERE APPROPRIATE
4
ULTRAHAZARDOUS ACTIVITIES ELEMENTS
- ACTIVITY IS OF UNCOMMON USAGE AND UNCOMMON TO AREA
- POSE A HIGH DEGREE OF RISK THAT CANNOT BE ELIMINATED BY DUE CARE
- RISK OUTWEIGHS ITS UTILITY
- RISKED HARM IS SIGNIFICANT
2
COMMON LAW DUTY TO KNOWN TRESPASSERS
- DUTY TO WARN OF HIDDEN DANGERS
- NO DUTY TO INSPECT
1
LIABILITY UNDER RESPONDEAT SUPERIOR ARISES WHERE
- TORT WAS COMMITTED IN THE SCOPE OF EMPLOYMENT
2
TRANSFERRED INTENT - LIABLITY ARISES FOR ALL INJURES CAUSED
- BY ANY INTENTIONAL TORTS CAUSED BY DEFENDANT’S ORIGINAL ACTION
- REGARDLESS OF DEFENDANT’S INTENT TO CAUSE INURIES
2
ACTUAL CAUSE - TORTS
- BUT FOR DEFENDANT’S NEGLIGENCE
- PLAINTIFF’S INJURY WOULD NOT HAVE OCCURRED.
1
MBE MISSED - WHEN ATTEMPTED CRIME MISTAKENLY INJURES WRONG VICTIM, DEFENDANT WILL BE CHARGED WITH ATTEMPTED CRIME AGAINST
- ORIGINALLY INTENDED VICTIM
1
MBE MISSED - CONTENT NEUTRAL RESTRICTIONS ON SPEECH ARE REVIEWED USING
- INTERMEDIATE SCRUTINY
1
HOW LONG DOES A SUSPECT’S INVOKED MIRANDA RIGHT TO COUNSEL LAST?
- UNTIL SUFFICIENT BREAK IN POLICE CUSTODY (14 DAYS)
2
EQUITABLE MORTGAGE OCCURS WHERE
- MORTGAOR DELIVERS DEED TO MORTGAGEE
- INSTEAD OF SIGNING NOTE
2
RESTRICTIONS ON SELLING CONTROLLING PERCENTAGE OF CORP SHARES - SALE AT PREMIUM MUST BE
- IN GOOD FAITH AND FAIR
- NOT MADE FOR PERSONAL BENEFIT FOR SALE OF A CORPORATE ASSET.
