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CA Bar Outlined and Numbered (with prompts) > deck N (667-717) > Flashcards

deck N (667-717) Flashcards

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MBE flashcards
1
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A
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2
Q

2

REQUIREMENTS FOR SHAREHOLDER VALIDATION OF FUNDAMENTAL CORPORATE CHANGES

A
  1. MAJORITY VOTE
  2. OF ALL OUTSTANDING SHARES TO VALIDATE
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3
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6

MEANS OF TERMINATING ACTUAL IMPLIED AUTHORITY (BLO-CHU)

A
  1. BREACH OF AGENT’S FIDUCIARY DUTIES
  2. LAPSE OF STATED PERIOD OR REASONABLE TIME
  3. OPERATION OF LAW (DEATH, BK)
  4. CHANGED CIRCUMSTANCES
  5. HAPPENING OF A SPECIFIC EVENT
  6. UNILATERAL TERMINATION BY EITHER PARTY
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4
Q

2

REQUIREMENTS FOR FORMING A GENERAL PARTNERSHIP

A
  1. NO FORMALITIES
  2. ONLY INTENT TO OPERATE A FOR PROFIT BUSINESS AS CO-OWNERS
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5
Q

2

PREMARITAL AGREEMENT RECEIPT REQUIREMENTS - RECIPIENT MUST DECLARE

A
  1. RECEIPT OF DISCLOSURE IN WRITING
  2. NAME OF PARTY DELIVERING DISCLOSURE IN WRITING
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6
Q

4

FIDUCIARY DUTIES OWED BY SPOUSES - FULL DISCLOSURE OF MATERIAL FACTS - SPOUSES MUST DISCLOSE

A
  1. COMMUNITY ASSETS
  2. COMMUNITY DEBTS
  3. PROVIDE EQUAL ACCESS TO THIS INFORMATION
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7
Q

2

COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -

WHEN TO USE PEREIRA

A
  1. MOST VALUABLE FACTOR OF APPRECIATION WAS SPOUSE’S LABOR
  2. FAVORS COMMUNITY
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8
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3

COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -

WHEN TO USE VAN CAMP

A
  1. WHEN CHARACTER OF BUSINESS THE CAUSE FOR ITS GROWTH
  2. SPOUSE WAS WELL COMPENSATED DURING THE MARRIAGE
  3. COMMUNITY ALREADY BENEFITED FROM BUSINESS
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9
Q

4

ANTILAPSE

A
  1. BENEFICIARY PREDECEASES TESTATOR
  2. BENEFICIARY’S LINEAL DEPENDENTS TAKE HER PLACE
  3. WHERE BENEFICIARY RELATED TO TESTATOR OR TESTATOR’S SURVIVING, FORMER OR DECEASED SPOUSE
  4. UNLESS TESTATOR EXPRESSED CONTRARY INTENTION IN WILL
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10
Q

3

TESTAMENTARY TRUST

A
  1. CREATED BY WILL
  2. WILL CONTAINS MATERIAL PROVISIONS OF TRUST
  3. TRUST ARISES WHEN TESTATOR DIES
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11
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3

MODIFICATION OR REVOCATION OF TRUST

A
  1. MAJORITY RULE - ONLY WHERE SETTLOR EXPRESSLY RESERVES POWER IN TRUST
  2. MINORITY RULE AND CA - TRUSTS ARE ALWAYS REVOCABLE UNLESS EXPRESSLY STATED OTHERWISE IN TRUST
  3. COURTS CAN MODIFY TRUSTS TO MEET SETTLOR’S INTENT
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12
Q

6

REMEDY OPTIONS FOR BREACH OF TRUST

A
  1. DAMAGES
  2. CONSTRUCTIVE TRUST
  3. TRACING AND EQUITABLE LIEN
  4. RATIFY TRANSACTION AND WAIVE BREACH
  5. SUE FOR RESULTING LOSS
  6. REMOVE TRUSTEE
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13
Q

2

PURE ECONOMIC LOSS IN TORT RECOVERY

A
  1. NOT USUALLLY RECOVERABLE ABSENT A SHOWING OF PROPERTY LOSS OR PERSONAL INJURY
  2. UNLESS TORT OF INTENTIONAL INTERFERENCE WITH BUSINESS RELATIONS
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14
Q

7

TYPES OF CONTRACT DAMAGES

A
  1. EXPECTATION DAMAGES
  2. CONSEQUENTIAL DAMAGES
  3. INCIDENTAL DAMAGES
  4. RELIANCE DAMAGES
  5. LIQUIDATED DAMAGES
  6. NOMINAL DAMAGES
  7. PUNITIVE DAMAGES
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15
Q

5

POTENTIAL LIMITATIONS ON CONTRACT DAMAGES

A
  1. CAUSATION
  2. FORESEEABILITY
  3. CERTAINTY
  4. UNAVOIDABLE
  5. LIQUIDATED DAMAGES CLAUSE
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16
Q

4

FEE SIMPLE DETERMINABLE - OTFC

A
  1. OWNERSHIP - POTENIALLY INFINITE, SUBJECT TO OCCURENCE OF POSSIBLE EVENT
  2. TRANSFERABILITY - ALIENABLE, DEVISABLE, DESCENDIBLE, SUBJECT TO CONDITION
  3. FUTURE INTEREST GRANTOR OWNS - POSSIBILITY OF REVERTER
  4. CREATED BY - WORDS OF DURATION
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17
Q

4

REMAINDER ELEMENTS

A
  1. FUTURE INTEREST HELD BY A THIRD PARTY
  2. BECOMES POSSESSORY AT EXPIRATION OF A PRIOR POSESSORY ESTATE
  3. CANNOT DIVEST PRESENT INTEREST HOLDER OF POSSESSORY RIGHTS.
  4. NEVER FOLLOWS A DEFEASIBLE FEE.
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18
Q

4

A SHIFTING EXECUTORY INTEREST IS A

A
  1. FUTURE INTEREST IN PROPERTY HELD BY A THIRD PARTY
  2. THAT WILL DIVEST A ;POSSESSORY GRANTEE OF FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION OF HIS INTEREST IN THE PROPERTY
  3. UPON OCCURENCE OF THE EXECUTORY LIMITATION
  4. SHIFTING THE POSSESSORY PRESENT INTEREST IN THE PROPERTY TO THE THIRD PARTY
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19
Q

1

AMELIORATIVE WASTE REMEDY FOR TENANT

A
  1. TENANT MUST RESTORE PREMISES TO THEIR ORIGINAL CONDITION
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20
Q

3

EASEMENT CREATION BY IMPLICATION

A
  1. PREEXISTING REASONABLE USE OF A SINGLE TRACT
  2. SINGLE TRACT IS DIVIDED
  3. EASEMENT REASONABLY NECESSARY TO DOMINANT TRACT’S USE AND ENJOYMENT OF PROPERTY
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21
Q

4

EQUITABLE SERVITUDES - REQUIREMENTS FOR BURDEN TO RUN WITH THE LAND

A
  1. WRITING
  2. INTENT TO BIND SUCCESSORS-IN-INTEREST
  3. TOUCH AND CONCERN
  4. NOTICE
22
Q

2

RIPARIAN RIGHTS - PRIOR APPROPRIATION DOCTRINE

A
  1. OWNER OF RIPARIAN LAND MUST GET A PERMIT TO USE WATER.
  2. PRIORITY OF WATER USE IS DETERMINED BY CHRONOLOGY OF PERMIT DATE.
23
Q

3

FEDERAL QUESTION CATEGORIES

A
  1. US CONSTITUTION
  2. FEDERAL LAWS
  3. TREATIES
24
Q

2

ESTIMATING VALUE OF EQUITABLE CLAIM TO REACH 75,000 FOR DIVERSITY JURISDICTION

A
  1. VALUE OF HARM SUFFERED BY PLAINTIFF
  2. COST OF COMPLIANCE WITH ORDER FOR EQUITABLE RELIEF
25
Q

1

CORPORATION’S RESIDENCE FOR VENUE OF FEDERAL COURT IS ESTABLISHED BY

A
  1. WHERE THEY ARE SUBJECT TO PERSONAL JX AT THE TIME OF FILING.
26
Q

4

ERIE DOCTRINE - WHEN NO FEDERAL DIRECTIVE ON POINT, WHETHER A LAW IS SUBSTANTIVE OR PROCEDURAL IS DETERMINED BY

A
  1. WHETHER OR NOT THE LAW APPLIED WOULD AFFECT THE CASE OUTCOME
  2. IF YES, APPLY STATE LAW
  3. TO DETER FORUM SHOPPING
  4. AND PREJUDICE AGAINST THE PARTIES
27
Q

2

ORDER OF DECISIONS IN CALIFORNIA TRAIL (EQUITY AND FACT)

A
  1. COURT DECIDES EQUITABLE ISSUES FIRST
  2. JURY DECIDES FACTS SECOND
28
Q

2

CORPORATE OFFICERS - REMOVAL AND RESIGNATION

A
  1. MAY BE REMOVED WITH SHAREHOLDER VOTE
  2. MAY RESIGN WITH NOTICE
29
Q

2

SUPREMACY CLAUSE - FIELD PREEMPTION - EXPRESS PREEMPTION OCCURS WHEN FEDERAL STATUTE

A
  1. EXPLICITLY CONFIRMS
  2. CONGRESS’ INTENT TO PREEMPT STATE LAW
30
Q

3

SEARCH AND SEIZURE - REASONABLE EXPECTATION OF PRIVACY IN HOME INCLUDES

A
  1. THE HOME AND ITS CURTILAGE
  2. OVERNIGHT GUESTS AT HOME
  3. OWNERSHIP OF HOME
31
Q

2

WARRANT REQUIREMENTS FOR EAVEDROPPING AND WIRETAPPING

A
  1. WIRETAPPING AND EAVESDROPPING REQUIRE A WARRANT
  2. BUT COMMMUNICATION ASSUMES A RISK THAT RECIPIENT IS BEING WIRETAPPED OR EAVESROPPED.
32
Q

2

CONSPIRACY’S END

A
  1. CONSPIRACY ENDS WHEN GOAL IS ATTAINED
  2. OR GOAL IS ABANDONED.
33
Q

3

ATTEMPT CRIME

A
  1. SPECIFICALLY INTENDED
  2. SUBSTANTIAL STEP TAKEN TOWARD
  3. A CRIMINAL OBJECTIVE
34
Q

2

AT COMMON LAW, PRINCIPAL IN THE SECOND DEGREE IS A PARTY WHO

A
  1. HELPS THE PRINCIPAL COMMIT THE CRIME
  2. IS PRESENT DURING THE COMMISSION OF THE CRIME
35
Q

2

SPECIFIC INTENT CRIME

A
  1. A SPECIFIC INTENT CRIME REQUIRES THE MENS REA TO COMMIT THE LEGALLY PROSCRIBED CONDUCT
  2. IN ORDER TO ACHIEVE A SPECIFIC PURPOSE.
36
Q

1

PARTY ADMISSION

A
  1. Any statement made by a party is admissible if offered against the party.
37
Q

1

CEC DIFFERENCE FROM FRE FOR VICARIOUS PARTY ADMISSION

A
  1. CEC ALLOWS VICARIOUS PARTY ADMISSION IF ONLY BASIS FOR RESPONDEAT SUPERIOR.
38
Q

2

MBE - DEFENDANT MAY OFFER PROOF OF HIS GOOD CHARACTER USING TESTIMONY ABOUT THESE TWO THINGS

A
  1. TESTIMONY ABOUT THE DEFENDANT’S REPUTATION
  2. TESTIMONY IN THE FORM OF OPINION
39
Q

3

IMPLIED-IN-FACT CONTRACT

A
  1. WHERE ONE PARTY ACTS TO CONVEY A BENEFIT TO ANOTHER PARTY WITH A REASONABLE EXPECTATION OF COMPENSATION
  2. THE OTHER PARTY ACCEPTING THE BENEFIT WITH KNOWLEDGE OF THE EXPECTATION
  3. THE FACTS WILL IMPLY A LEGALLY BINDING CONTRACT EVEN THOUGH NO FORMAL AGREEMENT EXISTS.
40
Q

2

REQUIREMENT OF PERSONAL SATISFACTION WHERE NOT AN EXPRESS MATERIAL CONDITION OF THE CONTRACT

A
  1. COURTS GENERALLY HOLD PERSONAL SATISFACTION PROMISES TO BE COVENANTS TO PERFORM IN A MANNER SATIFSACTORY TO THE REASONABLE PERSON
  2. UNLESS THE SERVICE TO BE RENDERED IS ONE HIGHLY SUBJECT TO PERSONAL TASTE.
41
Q

3

WHO IS AN ASSIGNEE

A
  1. A PARTY ASSIGNED PROMISEE’S CONTRACT RIGHTS
  2. BY PROMISEE’S CLEAR EXPRESSION OF INTENT TO ASSIGN RIGHTS
  3. WHO MAY SEEK DAMAGES FOR BREACH FROM PROMISOR
42
Q

2

WHAT EFFECT DOES ASSIGNMENT HAVE ON PROMISEE’S RIGHTS?

A
  1. EXTINGUISHES PROMISEE’S RIGHTS
  2. PROMISOR IS ONLY LIABLE TO ASSIGNEE.
43
Q

2

RATIFICATION

A
  1. THE ACT OF AFFIRMING A PREVIOUSLY VOIDABLE CONTRACT
  2. MAKING IT ENFORCEABLE AT LAW AGAINST RATIFYING PARTY.
44
Q

1

WHAT IS A “LOST VOLUME SELLER”?

A
  1. A SELLER WHO IS DENIED MULTIPLE SALES AND PROFIT BY A BREACHING BUYER
45
Q

3

DUTY OF LOYALTY - CONFLICTING INTEREST MUST NOT BELONG TO

A
  1. LAYWER
  2. ONE OF THE LAWYER’S OTHER CLIENTS
  3. A THIRD PARTY WITH WHOM THE LAYWER IS CLOSELY RELATED
46
Q

4

PERMISSIVE WITHDRAWAL TRIGGERS

A
  1. MENTAL OR PHYSICAL CONDITION MAKES REPRESENTATION DIFFICULT
  2. CLIENT FREELY AGREES TO TERMINATION
  3. CLIENT WANTS UNETHICAL OR MORALLY REPUGNANT COURSE OF ACTION THAT ATTORNEY DISAGREES WITH
  4. CLIENT MAKES REPRESENTATION UNREASONABLY DIFFICULT TO CONTINUE
47
Q

1

WHERE DEFAMATORY STATEMENT IS OF PUBLIC INTEREST, BURDEN OF PROOF IS ON

A
  1. PLAINTIFF TO PROVE FALSITY
48
Q

3

STRICT LIABILITY TRIGGERS

A
  1. ABNORMALLY DANGEROUS ACTIVITIES
  2. WILD ANIMALS
  3. KNOWN DANGEROUS DOMESTIC ANIMALS
49
Q

1

MODERN DUTY OF LANDOWNERS

A
  1. GENERAL DUTY OF CARE TO THOSE OFF AND ON THE LAND
50
Q

3

DEFENSES TO PRODUCTS DEFECT STRICT LIABILITY

A
  1. MISUSE
  2. ASSUMPTION OF RISK
  3. CONTRIBUTORY NEGLIGENCE/COMPARATIVE FAULT
51
Q

2

DIVERSITY - POTENTIAL LOSS WHERE DAMAGES AWARDED ARE LESS THAN 75,000

A
  1. IF BAD FAITH PROVEN
  2. DEFENDANT WILL RECEIVE AN AWARD OF ATTORNEYS FEES AND COSTS
52
Q

4

CAUSES OF JUDICIAL DISSOLUTION OF CORPORATION - COURT WILL FORCE DISSOLUTION WHERE

A
  1. FRAUD
  2. ULTRA VIRES ACTION
  3. MISCONDUCT
  4. CREDITORS SEEKING TO ENFORCE JUDGMENT

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

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