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CA Bar Outlined and Numbered (with prompts) > Deck R (830-880) > Flashcards

Deck R (830-880) Flashcards

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MBE flashcards
1
Q
A
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2
Q

2

PIERCING THE CORPORATE VEIL CAUSES - UNDERCAPITALIZATION

A
  1. SHAREHOLDERS INVESTMENT AT TIME OF FORMATION
  2. INSUFFICIENT TO COVER FORESEEABLE LIABILITIES
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3
Q

2

SHAREHOLDER VOTING RIGHTS

DETERMINATION BY CLASS OF STOCK

A
  1. AT LEAST ONE CLASS OF STOCK MUST HAVE VOTING RIGHTS
  2. WHERE NOT SPECIFIED IN ARTICLES, ALL CLASSES HAVE VOTING RIGHTS
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4
Q

4

TO FORM A LIMITED LIABILITY PARTNERSHIP, THIS MUST BE DONE

A
  1. FILE STATEMENT OF QUALIFICATION WITH SOS
  2. STATEMENT MUST BE EXECUTED BY AT LEAST TWO OF THE PARTNERS
  3. STATEMENT MUST INCLUDE NAME AND ADDRESSES OF THE PARTNERS
  4. PARTNERNSHIP NAME MUST END IN LLP OR RLLP
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5
Q

6

ELEMENTS OF FRAUD FOR 10b-5 - MISREPRESENTATION

A
  1. INTENTIONALLY
  2. OR RECKLESSLLY
  3. MAKING MATERIAL MISREPRESENTATION
  4. CAUSING RELIANCE
  5. PROMPTING TRADE OF SECURITY
  6. THROUGH INTERSTATE COMMERCE
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6
Q

2

EXCEPTIONS TO SHAREHOLDER APPROVAL REQUIREMENT FOR MERGER

A
  1. SHAREHOLDER APPROVAL NOT NEEDED WHERE CHANGE NOT SIGNFICANT
  2. SHORT FORM MERGER OK WHERE 90 PERCENT OWNED OR MORE SUBSIDIARY MERGES INTO ANOTHER
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7
Q

1

CORPORATE CONVERSION

A
  1. ENTITY CHANGES CORPORATE FORM
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8
Q

3

PRINCIPAL IS LIABILE FOR ACTS OF INDEPENDENT CONTRACTORS WHERE

A
  1. ULTRAHAZARDOUS ACTIVITY
  2. NONDELEGABLE DUTIES
  3. PRINCIPAL HELD INDEPENDENT CONTRACTOR OUT AS AN AGENT (ESTOPPEL)
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9
Q

4

FIDUCIARY DUTIES OWED BY PARTNERS TO EACH OTHER AND THE PARTNERSHIP

A
  1. DUTY OF LOYALTY
  2. DUTY OF CARE
  3. DUTY OF DISCLOSURE
  4. DUTY TO ACCOUNT
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10
Q

5

HOW TO FORM A LLC

A
  1. FILE ARTICLES WITH SOS
  2. DISCLOSE NAME OF LLCS
  3. NAME AND ADDRESS OF REGISTERED AGENT
  4. NAMES OF ALL MEMBERS
  5. MAY ADOPT OPERATING AGREEMENT
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11
Q

2

ESTOPPEL - CLAIM OF PUTATIVE SPOUSE

A
  1. PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID
  2. OR PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID AND TREATED IT LIKE IT WAS VALID
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12
Q

3

TRANSMUTATION TO 3RD PARTIES

A
  1. NOT EFFECTIVE
  2. WITHOUT NOTICE
  3. UNLESS RECORDED
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13
Q

3

ADEMPTION OF SPECIFIC GIFTS - CAUSES OF ADEMPTION THAT WILL ENTITLE BENEFICIARY TO GENERAL PECUNIARY GIFT

A
  1. SPECIFIC GIFT INVOLVED SECURITIES
  2. CONSERVATOR SOLD SPECIFIC GIFT
  3. EMINENT DOMAIN TOOK SPECIFIC GIFT
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14
Q

2

ABATEMENT - ELEMENTS

A
  1. GIFTS ARE REDUCED TO PAY DEBTS AND LEGACIES
  2. THE ESTATE DOES NOT HAVE SUFFICIENT FUNDS TO PAY
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15
Q

2

BENEFICIARY’S INTEREST IN PROPERTY AFTER TRANSFER OF TRUST PROPERTY TO THIRD PARTY

A
  1. IF PROPERTY TRANSFERRED TO BFP FOR VALUE, BENEFICIARY’S INTEREST IS CUTOFF
  2. IF PROPERTY NOT TRANSFERRED TO BFP FOR VALUE, BENEFICIARY CAN SET ASIDE TRANSFER
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16
Q

5

FIVE PART TEST FOR PERMANENT INJUNCTION (I PUT FIVE BUCKS DOWN)

A
  1. INADEQUATE LEGAL REMEDY
  2. PROPERTY RIGHT IS INVOLVED
  3. FEASIBILITY OF COURT ENFORCEMENT
  4. BALANCE OF HARDSHIPS WEIGHS IN FAVOR OF GRANTING DECREE
  5. DEFENSES ARE NOT AVAILABLE TO OTHER PARTY
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17
Q

2

EQUITABLE LIEN REQUIREMENTS

A
  1. INADEQUATE REMEDY AT LAW
  2. MUST HAVE A TITLE TO PROPERTY FOR SECURITY INTEREST
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18
Q

1

RESCISSION

A
  1. PUTS PARTIES BACK INTO POSITION THEY WERE IN BEFORE CONTRACT WAS MADE
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19
Q

4

MERGER DOCTRINE OF LAND SALE CONTRACT AND DEED

A
  1. AFTER CLOSING
  2. DEED BECOMES OPERATIVE DOCUMENT
  3. OBLIGATIONS OF LAND SALE CONTRACT DEEMED DISCHARGED CLOSING
  4. UNLESS OBLIGATIONS RESTATED IN DEED
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20
Q

4

RECORDING STATUTES PARAGRAPH

A
  1. AT COMMON LAW, WHEN GRANTOR CONVEYED PROPERTY TWICE,
  2. GRANTEE FIRST IN TIME USUALLY PREVAILED.
  3. MODERNLY, RECORDING ACTS CHANGE THAT OUTCOME
  4. IN SOME CIRCUMSTANCES.
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21
Q

1

INQUIRY NOTICE - TITLE

A
  1. PURCHASER IS POSSESSION OF FACTS THAT WOULD CAUSE A REASONABLE PERSON TO MAKE FURTHER INQUIRY ABOUT CLAIMS ON THE PROPERTY’S TITLE
22
Q

4

SPRINGING EXECUTORY INTEREST

A
  1. FUTURE INTEREST HELD BY A THIRD PARTY
  2. WILL DIVEST GRANTOR OF ESTATE
  3. AT OCCURENCE OF EVENT SET FORTH IN FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION
  4. SPRINGING INTO EXISTENCE THE THIRD PARTY’S POSSESSORY INTEREST IN THE PROPERTY
23
Q

3

DUE PROCESS CLAUSE LIMITATIONS ON STATUATORY BASES FOR PERSONAL JURISDICTION

A
  1. SUFFICIENT MINIMUM CONTACTS
  2. EXERCISE OF JURISDICTION IS REASONABLE
  3. AND DOESN’T OFFEND TRADITIONAL NOTIONS OF FAIR PLAY AND SUBSTANTIAL JUSTICE
24
Q

1

CITIZENSHIP REQUIREMENTS FOR DIVERSITY OF CITIZENSHIP

A
  1. NO DEFENDANT MAY BE A CITIZEN OF THE SAME STATE AS ANY PLAINTIFF
25
Q

2

AGGREGATING CLAIMS TO REACH REQUIRED 75,000 FOR DIVERSITY - PLAINTIFF MAY AGGREGATE

A
  1. MULTIPLE CLAIMS AGAINST DEFENDANT
  2. CLAIMS AGAINST MULTIPLE DEFENDANT TORTFEASORS
26
Q

3

SUBSTITUTE SERVICE REQUIREMENTS - PRIVATE PARTY - CA - ONLY ALLOWED WHERE

A
  1. PERSONAL SERVICE CANNOT BE COMPLETED WITH REASONABLE DILIGENCE
  2. DEFENDANT’S RESIDENCE WITH A COMPETENT MEMBER OF HIS HOUSEHOLD OVER 18 WHO IS INFORMED OF CONTENTS
  3. SUMMONS AND COMPLAINT ALSO SERVED BY FIRST CLASS MAIL
27
Q

3

WAIVED DEFENSES WHEN MOTION TO QUASH NOT PROPERLY FILED

A
  1. INSUFFICIENT PROCESS
  2. INSUFFICIENT SERVICE OF PROCESS
  3. LACK OF PERSONAL JX
28
Q

3

STANDING - INDIVIDUAL

A
  1. ACTUAL OR IMMINENT INJURY
  2. INJURY CAUSED BY ALLEGED CONDUCT COMPLAINED OF
  3. INJURY REDRESSIBLE BY FAVORABLE DECISION
29
Q

2

SUPREMACY CLAUSE - TYPES OF FIELD PREEMPTION

A
  1. EXPRESS PREEMPTION
  2. IMPLIED PREEMPTION
30
Q

1

IMPLIED WAIVER OF MIRANDA

A
  1. UNDER BERGHUIS, SILENCE AND SUBSEQUENT SPEAKING CONSTITUTED A WAIVER OF MIRANDA.
31
Q

2

DEFENSE OF ENTRAPMENT

A
  1. DEFENDANT MAY RAISE DEFENSE OF ENTRAPMENT
  2. WHERE CRIMINAL INTENT IS THE RESULT OF IMPROPER POLICE BEHAVIOR
32
Q

1

STATEMENTS FOR MEDICAL DIAGNOSIS - FRE

A
  1. FRE ALLOWS STATEMENT REGARDING SOURCE OF CONDITION.
33
Q

4

RECORDED RECOLLECTION EXCEPTION

A
  1. RECORD CONTAINS MATTERS ABOUT WHICH WITNESS ONCE HAD FIRST HAND KNOWLEDGE
  2. MADE WHEN MATTER STILL FRESH IN WITNESS’ MEMORY
  3. WITNESS TESTIFIES MEMORY IS NOW INSUFFICIENT
  4. BUT RECORD IS ACCURATE
34
Q

3

REPUTATION CONCERNING BOUNDARIES EXCEPTION

A
  1. COMMUNITY REPUATION ABOUT BOUNDARIES
  2. OR CUSTOMS AFFECTING LANDS
  3. OR EVENTS OF GENERAL HISTORY IMPORTANT TO COMMUNITY.
35
Q

2

MBE - IMMUNITY OF FEDERAL EMPLOYEES FROM STATE TAXES

A
  1. STATE TAXES ON FEDERAL CONTRACTORS AND EMPLOYEES
  2. FOR PERSONAL USE OR INCOME IS OK.
36
Q

2

REASONABLE PERSON STANDARD FOR FINDING CONTRACTUAL INTENT

A
  1. WHERE A REASONABLE PERSON WOULD CONCLUDE A WILLINGNESS TO ENTER A BARGAIN FROM THE PARTIES’ WORDS AND ACTIONS
  2. SUFFICIENT INTENT TO ENTER A CONTRACT WILL BE FOUND
37
Q

2

DEFENSE OF ILLEGALITY - WHERE THE DEFENSE MAY BE RAISED

A
  1. WHERE THE PARTIES DID ENTER THE CONTRACT IN PARI DELICTO
  2. JUSTICE DEMANDS ENFORCEMENT OF THE CONTRACT TO SOME DEGREE
38
Q

2

CONSTRUCTIVE CONDITIONS

A
  1. CONDITIONS IMPLIED BY THE NATURE AND EXPRESS TERMS OF THE CONTRACT
  2. THAT MUST BE SATISFIED BEFORE DUTIES RIPEN.
39
Q

1

EXPRESS MATERIAL CONDITION

A
  1. A MATERIAL CONDITION EMBODIED IN EXPRESS, UNEQUIVOCAL TERMS IN THE CONTRACT.
40
Q

1

CA COMPETENCE INCLUDES THIS SUPERVISORY REQUIREMENT

A
  1. SUPERVISE WORK OF SUBORDINATE ATTORNEYS AND NON-LAWYER EMPLOYEES
41
Q

2

JOINT CLIENTS - CAN’T REPRESENT WHERE CONCURRENT COI UNLESS

A
  1. WRITTEN CONSENT FROM BOTH CLIENTS
  2. LAWYER BELIEVES HE CAN COMPETENTLY REPRESENT BOTH CLIENTS
42
Q

1

DUTY OF CONFIDENTIALITY - ATTORNEY MAY NOT DISCLOSE

A
  1. CLIENT’S COMMUNICATIONS MADE DURING THE REPRESENTATION
43
Q

5

CONTINGENCY FEE REQUIREMENTS

A
  1. IN WRITING
  2. SIGNED BY THE CLIENT
  3. DESCRIBING DUTIES OF LAWYER AND CLIENT
  4. FEE OF LAWYER
  5. WHETHER OR NOT FEE IS BEFORE OR AFTER PAYMENT OF COSTS
44
Q

2

DUTY TO MAINTAIN DIGNITY OF PROFESSION - LAWYER MUST NOT DO ANYTHING THAT

A
  1. BRINGS DISDAIN TO THE PROFESSION IN THE PUBLIC EYE
  2. WITHOUT JUSTIFICATION, REPRESENT ANOTHER LAWYER IS DISHONEST OR UNTRUSTWORTHY
45
Q

4

LIABILITY FOR INTRUSION ARISES WHERE DEFENDANT

A
  1. INTENTIONALLY INTRUDED
  2. IN MANNER OFFENSIVE TO REASONABLE PERSON
  3. INTO PLACE WHERE PLAINTIFF’S HAD A REASONABLE EXPECTATION OF PRIVACY
  4. HARMING PLAINTIFF
46
Q

4

LIABILITY FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS IS FOUND WHERE DEFENDANT

A
  1. WAS NEGLIGENT
  2. BYSTANDER’S PROXIMITY TO TIME AND PLACE OF NEGLIGENT ACT
  3. AND PROXIMITY OF RELATIONSHIP TO VICTIM
  4. CAUSED PLAINTIFF TO SUFFER EXTREME EMOTIONAL DISTRESS
47
Q

1

MBE MISSED - ORAL AGREEMENT - OVERCOMING STATUTE OF FRAUDS WITH BUYER’S ACT - BUYER’S ACT MUST BE ________ TO AGREEMENT TO COUNT AS PART PERFORMANCE

A
  1. UNEQIVOCALLY REFERRABLE
48
Q

2

MBE MISSED - PAST CONVICTIONS MAY BE USED TO IMPEACH CREDIBILITY WHERE ELEMENTS OF PRIOR CRIME INVOLVED

A
  1. DISHONEST ACT
  2. FALSE STATEMENT
49
Q

2

CALIFORNIA VERDICT REQUIREMENTS

A
  1. 3/4 JURY FOR CIVIL
  2. UNANIMOUS FOR CRIMINAL
50
Q

1

MBE MISSED - A STATE’S LEGISLATIVE FUNCTIONS MAY BE IMMUNE FROM FEDERAL PROSECUTION UNDER THE

A
  1. TENTH AMENDMENT
51
Q

2

CIVIL CASE - CHARACTER EVIDENCE IS ONLY ADMISSIBLE WHERE CHARACTER IS

A
  1. AT ISSUE
  2. AN ESSENTIAL ELEMENT OF THE CASE
52
Q

1

REQUIREMENT FOR VOLUNTARY CORPORATE DISSOLUTION

A
  1. MAJORITY VOTE APPROVING DISSOLUTION BY DIRECTOR AND SHAREHOLDERS

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

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