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CA Bar Outlined and Numbered (with prompts) > Deck Q (769 through 829) > Flashcards

Deck Q (769 through 829) Flashcards

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1
Q
A
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2
Q

2

HOW LONG DOES A PRE-INCORPORATION PROMOTER STAY PERSONALLY LIABLE

FOR PRE-INC DEBT

A
  1. UNTIL NOVATION
  2. OR CLEAR EVIDENCE PARTIES DIDN’T INTEND PERSONAL LAIBLITY
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3
Q

3

PROHIBITIONS FOR BOARD VOTING ON CORPORATE ACTIONS

A
  1. NO PROXIES
  2. NO PERSONALLY INTERESTED PARTIES
  3. NO VOTING AGREEMENTS
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4
Q

3

THE BUSINESS JUDGMENT RULE

A
  1. ACTIONS TAKEN IN GOOD FAITH
  2. WITH THE CARE A REASONABLY PRUDENT PERSON WOULD EXERCISE IN SIMILAR CIRCUMSTANCES
  3. MADE WITH THE REASONABLE BELIEF ACTIONS WERE IN THE BEST INTERESTS OF THE CORPORATION
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5
Q

2

SHAREHOLDER LIABILITY FOR CORPORATE DEBTS

A
  1. SHAREHOLDERS ARE NOT LIABLE FOR CORPORATE DEBTS
  2. UNLESS SHAREHOLDERS ARE PART OF PROFESSIONAL CORPORATION
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6
Q

3

AN AGENT HAS ACTUAL IMPLIED AUTHORITY WHERE

A
  1. THE TASK IS REASONABLY NECESSARY TO ACCOMPLISH EXPECTED GOALS
  2. CUSTOMARY FOR THIS TYPE OF AGENT TO HAVE AUTHORITY TO DO THIS TASK
  3. DURING PRIOR DEALINGS AGENT HAD AUTHORITY TO DO THIS TASK
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7
Q

1

SPECIAL CLASSIFICATIONS - LIFE INSURANCE - ESTATE’S SHARE OF TERM LIFE INSURANCE

A
  1. ESTATE PAYING LATEST TERM IS AWARDED ASSET
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8
Q

2

EARNINGS AND ACCUMULATIONS ARE DEEMED SEPARATE PROPERTY WHERE

A
  1. LIVING APART AND SEPARATE FROM OTHER SPOUSE
  2. LEGAL SEPARATION
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9
Q

2

PREMARITAL AGREEMENTS - CONTRACT LAW REQUIREMENTS

A
  1. AGREEMENT MUST BE SIGNED BY BOTH PARTIES
  2. NO CONSIDERATION IS REQUIRED
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10
Q

4

TRUST IS INVALIDATED WHERE IT IS PROCURRED BY

A
  1. DURESS
  2. FRAUD
  3. MENACE
  4. UNDUE INFLUENCE
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11
Q

2

SETTLOR’S POWER TO TERMINATE TRUST

A
  1. WHERE POWER RESERVED
  2. IN CA, SETTLOR MAY TERMINATE BY PETITIONING COURT
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12
Q

1

PRETERMITTED HEIR

A
  1. CHILD BORN AFTER EXECUTION OF WILL
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13
Q

2

WHEN TO USE CONSTRUCTIVE TRUST AS EQUITABLE REMEDY

A
  1. WHEN VALUE OF WRONGFULLY TAKEN PROPERTY HAS GONE UP (PLAINTIFF TAKES INCREASE)
  2. WHERE FUNDS ARE NOT COMMINGLED
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14
Q

5

CAUSES GIVING RISE TO NEED FOR ORDER OF EQUITABLE RESITUTION

A
  1. WHERE REMEDY AT LAW IS INADEQUATE
  2. DAMAGES WOULD BE SPECULATIVE
  3. MULTIPLICITY OF SUITS COULD RESULT
  4. IMPROPER BECAUSE HARM IS NOT YET RIPE
  5. SITUATION INVOLVES UNIQUE PROPERTY
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15
Q

2

DAMAGES AND RESCISSION - CONSEQUENCE OF ORDER OF RELIEF SOUGHT

A
  1. PLAINTIFF SUES FOR DAMAGES FIRST, RESCISSION NOT ALLOWED
  2. PLAINTIFF SUES FOR RESCISSION FIRST, DAMAGES ARE ALLOWED.
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16
Q

2

WILD DEED IS A DEED RECORDED IN SUCH A WAY THAT

A
  1. A REASONABLE SEARCH COULD NOT YIELD RESULTS
  2. AND WILL NOT AMOUNT TO CONSTRUCTIVE NOTICE
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17
Q

1

ACTUAL NOTICE OF A PREVIOUS INTEREST IN PROPERTY OCCURS WHERE BUYER HAS

A
  1. ACTUAL, SUBJECTIVE NOTICE OF A PRIOR, UNRECORDED INTEREST
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18
Q

3

SHELTER DOCTRINE (BFP)

A
  1. ONE WHO TAKES PROPERTY FROM A BFP WILL STAND IN THE BFP’S SHOES
  2. ALLOWING TAKER FROM THE BFP TO PREVAIL AGAINST ANY CLAIMS
  3. THE BFP WOULD HAVE PREVAILED AGAINST
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19
Q

1

IMPLIED EQUITABLE SERVITUDE - CONSTRUCTIVE NOTICE

A
  1. A DEED IN GRANTEE’S CHAIN OF TITLE CONTAINED THE SERVITUDE (EVEN IF GRANTEE’S DID NOT).
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20
Q

1

PROFIT

A
  1. ENTITLES OWNER TO GO ON SERVIENT ESTATE AND REMOVE A PRODUCT OF THE LAND ITSELF.
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21
Q

2

DEFENDANT HAS MINIMUM CONTACTS WITH A STATE WHEN HE

(FORESEEABILITY)

A
  1. PURPOSEFULLY AVAILS HIMMSELF OF THE BENEFITS AND PROTECTIONS OF A STATE
  2. MAKING IT REASONABLY FORESEEABLE HE COULD BE HALED INTO STATE’S COURT
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22
Q

3

“PER SE” MINIMUM CONTACTS ARISE FROM DEFENDANT’S

A
  1. DIRECT CONTACT WITH THE FORUM STATE
  2. CONTRACTING WITH A RESIDENT OF THE FORUM STATE
  3. PUTTING A PRODUCT INTO STREAM OF COMMERCE IN THE STATE
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23
Q

2

CALIFORNIA - CONTRACTS - WHERE NO CHOICE OF LAW PROVISION IN CONTRACT BUT MULTIPLE STATES’ LAWS ARE IN CONFLICT, THE COURT WILL EVALUATE

A
  1. THE COMPARITIVE IMPAIRMENT TO EACH STATE’S INTEREST
  2. SHOULD THE OTHER STATE’S LAW BE APPLIED.
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24
Q

2

FEDERAL LIMITS ON DEPOSITIONS

A
  1. ONLY 10
  2. DEPOSITION MUST NOT EXCEED A 7 HOUR DAY WITHOUT COURT ORDER
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25
Q

2

PERMISSIVE INTERVENTION IS ALLOWED AT

A
  1. THE COURT’S DISCRETION
  2. WHERE INTERVENOR HAS A CLAIM OR DEFENSE COMMON TO THE INSTANT CASE
26
Q

2

ORDER OF DECISIONS IN FEDERAL TRIAL (LEGAL AND EQUITABLE)

A
  1. JURY DECIDES FACTS FIRST
  2. JUDGE DECIDES EQUITY
27
Q

1

MOTION TO SET ASIDE JUDGMENT BASED ON NEGLECTFUL MISTAKES OR VOIDNESS TIMING LIMITS

A
  1. MOTIONS TO SET ASIDE JUDGMENT BASED ON NEGLECTFUL MISTAKES OR VOIDNESS MUST BE BROUGHT W/IN YEAR OF ENTRY OF JUDGMENT.
28
Q

2

TIMELINESS - RIPENESS

A
  1. LIVE CONTROVERSY
  2. OR THREAT OF IMMINENT HARM
29
Q

1

TIMELINESS - MOOTNESS - A CASE IS MOOT WHERE

A
  1. CONTROVERSY HAS BEEN ELIMINATED
30
Q

3

PROCEDURAL DUE PROCESS - UNDER THE FIFTH AMENDMENT, THE GOVERNMENT MUST PROVIDE

A
  1. FAIR PROCESS/PROCEDURE
  2. BEFORE IT DEPRIVES A CITIZEN
  3. LIFE, LIBERTY OR A PROPERTY INTEREST
31
Q

1

EQUAL PROTECTION CLAUSE - RATIONAL BASIS REVIEW

A
  1. CLASSIFICATION OF NON-SUSPECT GROUP
  2. IS RATIONALLY RELATED
  3. TO ACHIEVING A LEGITIMATE GOVERNMENT INTEREST
32
Q

2

PREJUDGMENT ATTACHMENT REQUIRES

A
  1. EXISTING LAWSUIT
  2. CLAIMED RIGHT TO DEFENDANT’S PROPERTY
  3. DEMONSTRATED NEED TO SECURE PROPERTY BEFORE CASE RESOLUTION.
33
Q

2

AWARENESS REQUIREMENT TO POLICE INTERROGATION

A
  1. INFORMANTS AND UNDERCOVER POLICE ARE NOT INTERROGATORS
  2. SUSPECT’S COMMUNICATIONS TO THE SAME ARE NOT COVERED BY MIRANDA.
34
Q

3

GOOD FAITH WARRANT EXCEPTION OCCURS WHERE THE OFFICER

A
  1. REASONABLY RELIED ON A FACIALLY VALID WARRANT
  2. BUT WARRANT ULIMATELY FOUND TO BE UNSUPPORTED BY PROBABLE CAUSE
  3. EVIDENCE OBTAINED FROM WARRANT SUPPORTED SEARCH WILL NOT BE INADMISSIBLE
35
Q

2

SENSORY ENHANCING TECHNOLOGY - WHERE GOVERNMENT USES SENSORY ENHANCING TECHNOLOGY NOT AVAILABLE TO GENERAL PUBLIC, IT IS CONSIDERED

A
  1. A SEARCH
  2. PROTECTED BY FOURTH AMENDMENT
36
Q

4

EMBEZZLEMENT

A
  1. EMBEZZLEMENT IS A SPECIFIC INTENT CRIME
  2. WHERE DEFENDANT TRESPASSORILY CONVERTS PERSONAL PROPERTY LAWFULLY ENTRUSTED TO HIM BY VICTIM
  3. WITH INTENT TO PERMANENTLY DEPRIVE
  4. OR RISK SUBSTANTIAL LOSS.
37
Q

3

HIGH LEVEL EMPLOYEES AND EMBEZZLEMENT

A
  1. PROEPRTY TRESPASSORILY TAKEN FROM HIGH LEVEL EMPLOYEES ENTRUSTED WITH CUSTODY IS GENERALLY EMBEZZLEMENT
  2. UNLESS EMPLOYEE ACHIEVES POSSESSION BY MISREPRESENTATION
  3. MAKING THE CRIME LARCENY BY TRICK.
38
Q

5

MODERN BURGLARY - MOST JURISDICTIONS DEFINE BURGLARY AS A

A
  1. A SPECIFIC INTENT CRIME
  2. COMMITTED AT ALL HOURS OF THE DAY
  3. BY BREAKING AND ENTERING ALMOST ANY STRUCTURE
  4. WITH THE SPECIFIC INTENT TO COMMIT A FELONY
  5. OR ANY DEGREE OF LARCENY
39
Q

3

SOME JURISIDCTIONS ALLOW A DEFENDANT TO USE THE DEFENSE OF WITHDRAWAL TO ACCOMPLICE LIABLITY WHERE DEFENDANT

A
  1. VOLUNATRY STOPPED PARTICIPATING IN CRIME
  2. RELAYED HIS WITHDRAWAL TO PARTICIPANTS
  3. ACTED TO DISSUADE OR STOP PARTCIPANTS FROM CONTINUING WITH CRIME.
40
Q

3

COMMON LAW KIDNAPPING

A
  1. UNDER COMMON LAW, KIDNAPPING IS A SPECIFIC INTENT CRIME
  2. OF UNLAWFULLY CONFINING AND CARRYING AWAY THE VICTIM
  3. AGAINST THE VICTIM’S WILL ACROSS STATE OR FEDERAL LINES.
41
Q

1

FOREFEITURE BY MISCONDUCT EXCEPTION

A
  1. STATEMENTS FROM WITNESS MADE UNAVAILABLE BY WRONGDOING OF PARTY WILL BE ADMISSABLE AGAINST THAT PARTY.
42
Q

2

DIFFERENCES BETWEEN LEARNED TREATISE EXCEPTION - FRE AND CEC

A
  1. FRE: ADMISSIBLE TO PROVE ANYTHING WHERE LEARNED TREATISE IS ACCEPTED AUTHORITY IN FIELD
  2. CA: ONLY ADMISSIBLE TO SHOW GENERAL NOTORIETY OR INTEREST, MEANING THIS EXCEPTION IS VERY NARROW AND ALMOST NEVER APPLICABLE.
43
Q

2

ANCIENT DOCUMENTS EXCEPTION - TIME REQUIREMENT - FRE & CEC DIFFERENCES

A
  1. 30 YEARS FOR CEC
  2. 20 YEARS FOR FRE
44
Q

2

UCC 2-206 ACCEPTANCE

A
  1. UNDER UCC 2-206, ACCEPTANCE MAY BE MADE IN ANY REASONABLE MANNER
  2. INCLUDE A PROMISE TO SHIP GOODS OR A SHIPMENT OF CONFORMING OR NON-CONFORMING GOODS.
45
Q

1

ORAL CONDITION PRECEDENT

A
  1. AN ORAL CONDITION THAT MUST BE SATISFIED BEFORE THE PERFORMANCE DUTIES OF A SEPARATE AGREEMENT MUST RIPEN.
46
Q

1

WHEN MAY AN ATTORNEY WITH INSUFFICIENT SKILL ADVISE OR ASSIST?

A
  1. IN A TRUE EMERGENCY TO THE EXTENT REASONABLY NECESSARY
47
Q

2

DUTY OF FAIRNESS - ATTORNEY WHO RECEIVES CONFIDENTIAL DOCUMENT BELONGING TO OPPOSING SIDE MUST

A
  1. STOP READING DOCUMENT
  2. NOTIFY SENDER OF INADVERTANT DISCLOSURE
48
Q

2

ACTION IF CONTINGENCY FEE IS DISPUTED

A
  1. CHECK TO ATTORNEY FOR CLIENT’S PROPOSED AMOUNT
  2. REMAINDER OF DISPUTED FEES LEFT IN TRUST ACCOUNT UNTIL DISPUTE RESOLVED
49
Q

2

REQUIREMENTS WHEN TWO JOINT CLIENTS ARE IN CONFLICT

A
  1. WITHDRAW FROM REPRESENTATION OF BOTH
  2. REVEAL DISCLOSED PRIVILEGED INFORMATION ONLY IF SUBPOENAED
50
Q

1

REQUIREMENT FOR CRIMINAL MAKING MALPRACTICE CLAIM

A
  1. CRIMINAL MUST HAVE COLORABLE CLAIM OF INNOCENCE
51
Q

3

RES IPSA LOQUITUR - BREACH OF DUTY IS INFERRED WHERE

A
  1. NEGLIGENCE IS IMPLIED BY THE FACTS
  2. DEFENDANT HAD EXCLUSIVE CONTROL OF MECHANISM OF PLAINTIFF’S INJURY
  3. PLAITNIFF HAD NO CONTROL OVER MECHANISM OF HIS INJURY
52
Q

2

DEFENDANT MAY USE THE TORT DEFENSE OF SELF WHERE HE

A
  1. USES REASONABLE FORCE
  2. IS NOT THE AGGRESSOR
53
Q

1

COMMON LAW DUTY OF LAND POSSESSORS TO THOSE OFF OF THE LAND

A
  1. CONDUCT AND CONTROL ACTIVITIES TO NOT INJURE OTHERS OFF OF THE LAND
54
Q

3

LIABILITY ARISES FOR NEGLIGENT MISREPRESENTATION WHERE DEFENDANT

A
  1. HAS FINANCIAL OR PROFESSIONAL DUTY TO PLAINTIFF
  2. MAKES REPRESENTATION OF MATERIAL FACT WITH NO REASONABLE GROUNDS FOR BELIEF OF TRUTH
  3. DAMAGING PLAINTIFF WHO REASONABLY RELIES ON REPRESENTATION
55
Q

2

MBE MISSED - PAROL EVIDENCE RULE PROVIDES THAT A COMPLETELY INTEGRATED WRITING CANNOT BE CONTRADICTED BY

A
  1. PRIOR WRITTEN OR ORAL AGREEMENTS
  2. CONTEMPORANEOUS ORAL AGREEMENTS
56
Q

1

MBE MISSED - EVEN WHERE A PERSON IS EMPLOYED IN FOR A “PERMANENT POSITION”, HE IS CONSIDERED AN

A
  1. AT-WILL EMPLOYEE
57
Q

2

CALIFORNIA ADDITIONAL LOGICAL RELEVANCE REQUIREMENT ALSO REQUIRES THAT THE DISPUTED FACT

A
  1. IS OF CONSEQUENCE
  2. TO THE DETERMINATION OF THE ACTION
58
Q

2

LEGAL RELEVANCE - EVIDENCE IS LEGALLY RELEVANT WHERE ITS

A
  1. PROBATIVE VALUE
  2. OUTWEIGHS PREJUDICAL EFFECT
59
Q

1

IN CALIFORNIA, BEST EVIDENCE RULE IS CALLED THE

A
  1. SECONDARY EVIDENCE RULE
60
Q

1

FIFTH AMENDMENT - DUE PROCESS - CONFESSIONS MUST BE

A

VOLUNTARY

61
Q

2

OBJECTION - ASKED AND ANSWERED IS USED WHEN WITNESS HAS

A
  1. ALREADY ANSWERED THE SAME OR SIMILAR QUESTION
  2. FROM THE SAME ATTORNEY
62
Q

1

OBJECTION - COMPOUND IS USED WHERE WITNESS IS ASKED

A
  1. A QUESTION THAT REQUIRES MULTIPLE ANSWERS

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

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