Deck Q (769 through 829) Flashcards
2
HOW LONG DOES A PRE-INCORPORATION PROMOTER STAY PERSONALLY LIABLE
FOR PRE-INC DEBT
- UNTIL NOVATION
- OR CLEAR EVIDENCE PARTIES DIDN’T INTEND PERSONAL LAIBLITY
3
PROHIBITIONS FOR BOARD VOTING ON CORPORATE ACTIONS
- NO PROXIES
- NO PERSONALLY INTERESTED PARTIES
- NO VOTING AGREEMENTS
3
THE BUSINESS JUDGMENT RULE
- ACTIONS TAKEN IN GOOD FAITH
- WITH THE CARE A REASONABLY PRUDENT PERSON WOULD EXERCISE IN SIMILAR CIRCUMSTANCES
- MADE WITH THE REASONABLE BELIEF ACTIONS WERE IN THE BEST INTERESTS OF THE CORPORATION
2
SHAREHOLDER LIABILITY FOR CORPORATE DEBTS
- SHAREHOLDERS ARE NOT LIABLE FOR CORPORATE DEBTS
- UNLESS SHAREHOLDERS ARE PART OF PROFESSIONAL CORPORATION
3
AN AGENT HAS ACTUAL IMPLIED AUTHORITY WHERE
- THE TASK IS REASONABLY NECESSARY TO ACCOMPLISH EXPECTED GOALS
- CUSTOMARY FOR THIS TYPE OF AGENT TO HAVE AUTHORITY TO DO THIS TASK
- DURING PRIOR DEALINGS AGENT HAD AUTHORITY TO DO THIS TASK
1
SPECIAL CLASSIFICATIONS - LIFE INSURANCE - ESTATE’S SHARE OF TERM LIFE INSURANCE
- ESTATE PAYING LATEST TERM IS AWARDED ASSET
2
EARNINGS AND ACCUMULATIONS ARE DEEMED SEPARATE PROPERTY WHERE
- LIVING APART AND SEPARATE FROM OTHER SPOUSE
- LEGAL SEPARATION
2
PREMARITAL AGREEMENTS - CONTRACT LAW REQUIREMENTS
- AGREEMENT MUST BE SIGNED BY BOTH PARTIES
- NO CONSIDERATION IS REQUIRED
4
TRUST IS INVALIDATED WHERE IT IS PROCURRED BY
- DURESS
- FRAUD
- MENACE
- UNDUE INFLUENCE
2
SETTLOR’S POWER TO TERMINATE TRUST
- WHERE POWER RESERVED
- IN CA, SETTLOR MAY TERMINATE BY PETITIONING COURT
1
PRETERMITTED HEIR
- CHILD BORN AFTER EXECUTION OF WILL
2
WHEN TO USE CONSTRUCTIVE TRUST AS EQUITABLE REMEDY
- WHEN VALUE OF WRONGFULLY TAKEN PROPERTY HAS GONE UP (PLAINTIFF TAKES INCREASE)
- WHERE FUNDS ARE NOT COMMINGLED
5
CAUSES GIVING RISE TO NEED FOR ORDER OF EQUITABLE RESITUTION
- WHERE REMEDY AT LAW IS INADEQUATE
- DAMAGES WOULD BE SPECULATIVE
- MULTIPLICITY OF SUITS COULD RESULT
- IMPROPER BECAUSE HARM IS NOT YET RIPE
- SITUATION INVOLVES UNIQUE PROPERTY
2
DAMAGES AND RESCISSION - CONSEQUENCE OF ORDER OF RELIEF SOUGHT
- PLAINTIFF SUES FOR DAMAGES FIRST, RESCISSION NOT ALLOWED
- PLAINTIFF SUES FOR RESCISSION FIRST, DAMAGES ARE ALLOWED.
2
WILD DEED IS A DEED RECORDED IN SUCH A WAY THAT
- A REASONABLE SEARCH COULD NOT YIELD RESULTS
- AND WILL NOT AMOUNT TO CONSTRUCTIVE NOTICE
1
ACTUAL NOTICE OF A PREVIOUS INTEREST IN PROPERTY OCCURS WHERE BUYER HAS
- ACTUAL, SUBJECTIVE NOTICE OF A PRIOR, UNRECORDED INTEREST
3
SHELTER DOCTRINE (BFP)
- ONE WHO TAKES PROPERTY FROM A BFP WILL STAND IN THE BFP’S SHOES
- ALLOWING TAKER FROM THE BFP TO PREVAIL AGAINST ANY CLAIMS
- THE BFP WOULD HAVE PREVAILED AGAINST
1
IMPLIED EQUITABLE SERVITUDE - CONSTRUCTIVE NOTICE
- A DEED IN GRANTEE’S CHAIN OF TITLE CONTAINED THE SERVITUDE (EVEN IF GRANTEE’S DID NOT).
1
PROFIT
- ENTITLES OWNER TO GO ON SERVIENT ESTATE AND REMOVE A PRODUCT OF THE LAND ITSELF.
2
DEFENDANT HAS MINIMUM CONTACTS WITH A STATE WHEN HE
(FORESEEABILITY)
- PURPOSEFULLY AVAILS HIMMSELF OF THE BENEFITS AND PROTECTIONS OF A STATE
- MAKING IT REASONABLY FORESEEABLE HE COULD BE HALED INTO STATE’S COURT
3
“PER SE” MINIMUM CONTACTS ARISE FROM DEFENDANT’S
- DIRECT CONTACT WITH THE FORUM STATE
- CONTRACTING WITH A RESIDENT OF THE FORUM STATE
- PUTTING A PRODUCT INTO STREAM OF COMMERCE IN THE STATE
2
CALIFORNIA - CONTRACTS - WHERE NO CHOICE OF LAW PROVISION IN CONTRACT BUT MULTIPLE STATES’ LAWS ARE IN CONFLICT, THE COURT WILL EVALUATE
- THE COMPARITIVE IMPAIRMENT TO EACH STATE’S INTEREST
- SHOULD THE OTHER STATE’S LAW BE APPLIED.
2
FEDERAL LIMITS ON DEPOSITIONS
- ONLY 10
- DEPOSITION MUST NOT EXCEED A 7 HOUR DAY WITHOUT COURT ORDER
2
PERMISSIVE INTERVENTION IS ALLOWED AT
- THE COURT’S DISCRETION
- WHERE INTERVENOR HAS A CLAIM OR DEFENSE COMMON TO THE INSTANT CASE
2
ORDER OF DECISIONS IN FEDERAL TRIAL (LEGAL AND EQUITABLE)
- JURY DECIDES FACTS FIRST
- JUDGE DECIDES EQUITY
1
MOTION TO SET ASIDE JUDGMENT BASED ON NEGLECTFUL MISTAKES OR VOIDNESS TIMING LIMITS
- MOTIONS TO SET ASIDE JUDGMENT BASED ON NEGLECTFUL MISTAKES OR VOIDNESS MUST BE BROUGHT W/IN YEAR OF ENTRY OF JUDGMENT.
2
TIMELINESS - RIPENESS
- LIVE CONTROVERSY
- OR THREAT OF IMMINENT HARM
1
TIMELINESS - MOOTNESS - A CASE IS MOOT WHERE
- CONTROVERSY HAS BEEN ELIMINATED
3
PROCEDURAL DUE PROCESS - UNDER THE FIFTH AMENDMENT, THE GOVERNMENT MUST PROVIDE
- FAIR PROCESS/PROCEDURE
- BEFORE IT DEPRIVES A CITIZEN
- LIFE, LIBERTY OR A PROPERTY INTEREST
1
EQUAL PROTECTION CLAUSE - RATIONAL BASIS REVIEW
- CLASSIFICATION OF NON-SUSPECT GROUP
- IS RATIONALLY RELATED
- TO ACHIEVING A LEGITIMATE GOVERNMENT INTEREST
2
PREJUDGMENT ATTACHMENT REQUIRES
- EXISTING LAWSUIT
- CLAIMED RIGHT TO DEFENDANT’S PROPERTY
- DEMONSTRATED NEED TO SECURE PROPERTY BEFORE CASE RESOLUTION.
2
AWARENESS REQUIREMENT TO POLICE INTERROGATION
- INFORMANTS AND UNDERCOVER POLICE ARE NOT INTERROGATORS
- SUSPECT’S COMMUNICATIONS TO THE SAME ARE NOT COVERED BY MIRANDA.
3
GOOD FAITH WARRANT EXCEPTION OCCURS WHERE THE OFFICER
- REASONABLY RELIED ON A FACIALLY VALID WARRANT
- BUT WARRANT ULIMATELY FOUND TO BE UNSUPPORTED BY PROBABLE CAUSE
- EVIDENCE OBTAINED FROM WARRANT SUPPORTED SEARCH WILL NOT BE INADMISSIBLE
2
SENSORY ENHANCING TECHNOLOGY - WHERE GOVERNMENT USES SENSORY ENHANCING TECHNOLOGY NOT AVAILABLE TO GENERAL PUBLIC, IT IS CONSIDERED
- A SEARCH
- PROTECTED BY FOURTH AMENDMENT
4
EMBEZZLEMENT
- EMBEZZLEMENT IS A SPECIFIC INTENT CRIME
- WHERE DEFENDANT TRESPASSORILY CONVERTS PERSONAL PROPERTY LAWFULLY ENTRUSTED TO HIM BY VICTIM
- WITH INTENT TO PERMANENTLY DEPRIVE
- OR RISK SUBSTANTIAL LOSS.
3
HIGH LEVEL EMPLOYEES AND EMBEZZLEMENT
- PROEPRTY TRESPASSORILY TAKEN FROM HIGH LEVEL EMPLOYEES ENTRUSTED WITH CUSTODY IS GENERALLY EMBEZZLEMENT
- UNLESS EMPLOYEE ACHIEVES POSSESSION BY MISREPRESENTATION
- MAKING THE CRIME LARCENY BY TRICK.
5
MODERN BURGLARY - MOST JURISDICTIONS DEFINE BURGLARY AS A
- A SPECIFIC INTENT CRIME
- COMMITTED AT ALL HOURS OF THE DAY
- BY BREAKING AND ENTERING ALMOST ANY STRUCTURE
- WITH THE SPECIFIC INTENT TO COMMIT A FELONY
- OR ANY DEGREE OF LARCENY
3
SOME JURISIDCTIONS ALLOW A DEFENDANT TO USE THE DEFENSE OF WITHDRAWAL TO ACCOMPLICE LIABLITY WHERE DEFENDANT
- VOLUNATRY STOPPED PARTICIPATING IN CRIME
- RELAYED HIS WITHDRAWAL TO PARTICIPANTS
- ACTED TO DISSUADE OR STOP PARTCIPANTS FROM CONTINUING WITH CRIME.
3
COMMON LAW KIDNAPPING
- UNDER COMMON LAW, KIDNAPPING IS A SPECIFIC INTENT CRIME
- OF UNLAWFULLY CONFINING AND CARRYING AWAY THE VICTIM
- AGAINST THE VICTIM’S WILL ACROSS STATE OR FEDERAL LINES.
1
FOREFEITURE BY MISCONDUCT EXCEPTION
- STATEMENTS FROM WITNESS MADE UNAVAILABLE BY WRONGDOING OF PARTY WILL BE ADMISSABLE AGAINST THAT PARTY.
2
DIFFERENCES BETWEEN LEARNED TREATISE EXCEPTION - FRE AND CEC
- FRE: ADMISSIBLE TO PROVE ANYTHING WHERE LEARNED TREATISE IS ACCEPTED AUTHORITY IN FIELD
- CA: ONLY ADMISSIBLE TO SHOW GENERAL NOTORIETY OR INTEREST, MEANING THIS EXCEPTION IS VERY NARROW AND ALMOST NEVER APPLICABLE.
2
ANCIENT DOCUMENTS EXCEPTION - TIME REQUIREMENT - FRE & CEC DIFFERENCES
- 30 YEARS FOR CEC
- 20 YEARS FOR FRE
2
UCC 2-206 ACCEPTANCE
- UNDER UCC 2-206, ACCEPTANCE MAY BE MADE IN ANY REASONABLE MANNER
- INCLUDE A PROMISE TO SHIP GOODS OR A SHIPMENT OF CONFORMING OR NON-CONFORMING GOODS.
1
ORAL CONDITION PRECEDENT
- AN ORAL CONDITION THAT MUST BE SATISFIED BEFORE THE PERFORMANCE DUTIES OF A SEPARATE AGREEMENT MUST RIPEN.
1
WHEN MAY AN ATTORNEY WITH INSUFFICIENT SKILL ADVISE OR ASSIST?
- IN A TRUE EMERGENCY TO THE EXTENT REASONABLY NECESSARY
2
DUTY OF FAIRNESS - ATTORNEY WHO RECEIVES CONFIDENTIAL DOCUMENT BELONGING TO OPPOSING SIDE MUST
- STOP READING DOCUMENT
- NOTIFY SENDER OF INADVERTANT DISCLOSURE
2
ACTION IF CONTINGENCY FEE IS DISPUTED
- CHECK TO ATTORNEY FOR CLIENT’S PROPOSED AMOUNT
- REMAINDER OF DISPUTED FEES LEFT IN TRUST ACCOUNT UNTIL DISPUTE RESOLVED
2
REQUIREMENTS WHEN TWO JOINT CLIENTS ARE IN CONFLICT
- WITHDRAW FROM REPRESENTATION OF BOTH
- REVEAL DISCLOSED PRIVILEGED INFORMATION ONLY IF SUBPOENAED
1
REQUIREMENT FOR CRIMINAL MAKING MALPRACTICE CLAIM
- CRIMINAL MUST HAVE COLORABLE CLAIM OF INNOCENCE
3
RES IPSA LOQUITUR - BREACH OF DUTY IS INFERRED WHERE
- NEGLIGENCE IS IMPLIED BY THE FACTS
- DEFENDANT HAD EXCLUSIVE CONTROL OF MECHANISM OF PLAINTIFF’S INJURY
- PLAITNIFF HAD NO CONTROL OVER MECHANISM OF HIS INJURY
2
DEFENDANT MAY USE THE TORT DEFENSE OF SELF WHERE HE
- USES REASONABLE FORCE
- IS NOT THE AGGRESSOR
1
COMMON LAW DUTY OF LAND POSSESSORS TO THOSE OFF OF THE LAND
- CONDUCT AND CONTROL ACTIVITIES TO NOT INJURE OTHERS OFF OF THE LAND
3
LIABILITY ARISES FOR NEGLIGENT MISREPRESENTATION WHERE DEFENDANT
- HAS FINANCIAL OR PROFESSIONAL DUTY TO PLAINTIFF
- MAKES REPRESENTATION OF MATERIAL FACT WITH NO REASONABLE GROUNDS FOR BELIEF OF TRUTH
- DAMAGING PLAINTIFF WHO REASONABLY RELIES ON REPRESENTATION
2
MBE MISSED - PAROL EVIDENCE RULE PROVIDES THAT A COMPLETELY INTEGRATED WRITING CANNOT BE CONTRADICTED BY
- PRIOR WRITTEN OR ORAL AGREEMENTS
- CONTEMPORANEOUS ORAL AGREEMENTS
1
MBE MISSED - EVEN WHERE A PERSON IS EMPLOYED IN FOR A “PERMANENT POSITION”, HE IS CONSIDERED AN
- AT-WILL EMPLOYEE
2
CALIFORNIA ADDITIONAL LOGICAL RELEVANCE REQUIREMENT ALSO REQUIRES THAT THE DISPUTED FACT
- IS OF CONSEQUENCE
- TO THE DETERMINATION OF THE ACTION
2
LEGAL RELEVANCE - EVIDENCE IS LEGALLY RELEVANT WHERE ITS
- PROBATIVE VALUE
- OUTWEIGHS PREJUDICAL EFFECT
1
IN CALIFORNIA, BEST EVIDENCE RULE IS CALLED THE
- SECONDARY EVIDENCE RULE
1
FIFTH AMENDMENT - DUE PROCESS - CONFESSIONS MUST BE
VOLUNTARY
2
OBJECTION - ASKED AND ANSWERED IS USED WHEN WITNESS HAS
- ALREADY ANSWERED THE SAME OR SIMILAR QUESTION
- FROM THE SAME ATTORNEY
1
OBJECTION - COMPOUND IS USED WHERE WITNESS IS ASKED
- A QUESTION THAT REQUIRES MULTIPLE ANSWERS
