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CA Bar Outlined and Numbered (with prompts) > deck S (881-931) > Flashcards

deck S (881-931) Flashcards

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MBE flashcards
1
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A
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2
Q

2

CORPORATION BY ESTOPPEL - REMEDY IS AVAILABLE WHERE PLAINTIFF

A
  1. REASONABLY RELIED ON REPRESENTATIONS OF CORP STATUS
  2. AND IS SEEKING REMEDY AT CONTRACT
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3
Q

2

REMEDY FOR

USURPING BUSINESS OPPORTUNITY FROM CORPORATION

A
  1. COMPELLED TURNOVER OF BUSINESS OPPORTUNITY TO CORPORATION
  2. DISGORGEMENT OF PROFITS GAINED FROM USURPRING OPPORTUNITY (TO CORP)
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4
Q

1

CONTROLLING SHAREHOLDERS

A
  1. A SHAREHOLDER WITH ENOUGH VOTING STRENGTH TO IMPACT CORPORATION
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5
Q

4

TIRIGGERS OF LIABILITY OF PROMOTER UNDER A BREACH OF WARRANTY THEORY

A
  1. HE WILL ACT TO FORM A CORP
  2. HE HAS ACTED TO FORM A CORP
  3. THAT A CORPORATION EXISTS
  4. THAT PROMOTER HAS RIGHT TO REPRESENT CORP
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6
Q

2

BUSINESS VALUE APPRECIATION AFTER SEPARATION - WHEN TO USE REVERSE PEREIRA

A
  1. COMMUNITY PROVIDED INITIAL INVESTMENT FOR BUSINESS
  2. APPRECIATION OF BUSINESS DUE TO SPOUSE’S LABOR
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7
Q

1

ACQUISITION OF DEBT AND REBUTTABLE PRESUMPTION OF COMMUNITY LIABILITY - COMMUNITY IS REBUTTABLY PRESUMED LIABLE FOR DEBT ACQUIRED BEFORE AND DURING MARRIAGE UNLESS

A
  1. LENDER RELIED EXCLUSIVELY ON SPOUSE’S SEPARATE PROPERTY
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8
Q

2

DISTRIBUTION OF ASSETS AT DEATH - WHERE DECEDENT TRIES TO DEVISE MORE THAN 1/2 COMMUNITY ASSETS IN WILL, SURVIVING SPOUSE MAY ELECT TO

A
  1. TAKE CP RIGHTS INSTEAD OF DEVISE OR
  2. TAKE DEVISE UNDER WILL IN LIEU OF CP RIGHTS
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9
Q

3

WILLS - CONFLICT OF LAWS - WILL MUST COMPLY WITH THE LAWS OF THE PLACE

A
  1. TESTATOR DOMICILED AT TIME OF EXECUTION
  2. TESTATOR DOMICILED AT TIME OF DEATH
  3. WILL EXECUTED
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10
Q

3

3FOR WILLS, ACTS OF INDEPENDENT LEGAL SIGNFICANCE

A
  1. EXTRINSIC ACTS
  2. WITHOUT TESTAMENTARY FUNCTION
  3. USED FOR DESIGNATING BENEFICIARIES OR PROPERTY TO BE DEVISED
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11
Q

2

EQUITABLE DEFENSES - LACHES

A
  1. PLAINTIFF UNREASONABLY DELAYED PURSUING CLAIM
  2. CAUSING PREJUDICE TO DEFENDANT
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12
Q

2

ADVERSE POSSESSION AND MARKETABLE TITLE

A
  1. ADVERSE POSSESSION DOES NOT GRANT OWNER MARKETABLE TITLE
  2. MARKETABLE TITLE MAY BE OBTAINED BY QUIET TITLE ACTION
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13
Q

3

DURATION OF FUTURE COVENANTS CONTAINED WARRANTY DEEDS

A
  1. RUN WITH THE LAND
  2. CONTINUOUS
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14
Q

2

INTRO SENTENCE - LANDLORD/TENANT QUESTIONS

A
  1. IN ORDER TO DETERMINE THE RIGHTS AND OBLIGATIONS OF THE PARTIES,
  2. WE MUST FIRST DETERMINE EACH PARTY’S INTEREST IN THE PROPERTY.
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15
Q

4

REQUIRED ANSWER RESPONSES TO FEDERAL COMPLAINT ALLEGATIONS - DEFENDANT MUST EITHER

A
  1. DENY
  2. ADMIT
  3. STATE LACK OF INFORMATION TO DENY OR ADMIT
  4. ASSERT ANY AFFIRMATIVE DEFENSES
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16
Q

2

RELATION BACK DOCTRINE - AMENDMENT OF CLAIM ALLOWED WHERE

A
  1. STATUTE ALLOWS
  2. INVOLVES THE SAME CONDUCT, TRANSACTION OR OCCURRENCE IN THE ORIGINAL CLAIM.
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17
Q

2

IMPLEADER

A
  1. DEFENDANT BRINGS IN THIRD PARTY DEFENDANT WITH DERIVATIVE CLAIM
  2. SEEKING SUBROGATION, INDEMNITY OR CONTRIBUTION
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18
Q

2

MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT TIMING REQUIREMENTS- CA

A
  1. MOTION MUST BE MADE W/IN 15 DAYS AFTER SERVICE OF NOTICE OF ENTRY OF JUDGMENT
  2. OR 180 DAYS AFTER JUDGMENT ENTERED
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19
Q

2

MOTION FOR NEW TRIAL MUST BE FILED W/IN

A
  1. FED- 28 DAYS AFTER ENTRY OF JUDGMENT
  2. CA - 15 DAYS OF SERVICE OF NOTICE OF ENTRY OF JUDGMENT OR 180 DAYS AFTER JUDGMENT ENTERED
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20
Q

2

FEDERAL TAXPAYER STANDING IS ONLY FOR

A
  1. VIOLATIONS OF ESTABLISHMENT CLAUSE
  2. MADE BY SPENDING OR TAX PROGRAMS
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21
Q

2

CONGRESSIONAL POWER - TAXING AND SPENDING CLAUSE - CONGRESS HAS THE RIGHT TO

A
  1. TAX FOR GENERAL WELFARE OF US
  2. CONDITIONALLY GRANT FUNDING
22
Q

2

CONGRESSIONAL POWER - WAR POWERS

A
  1. RIGHT TO DECLARE WAR
  2. RIGHT TO RAISE AND SUPPORT ARMED FORCES
23
Q

1

TAKINGS CLAUSE - MEASURE OF JUST COMPENSATION

A
  1. PROPERTY’S FAIR MARKET VALUE AT TIME OF TAKING
24
Q

1

FREEDOM OF SPEECH - CONTENT BASED SPEECH REGULATIONS AFFECT

A
  1. COMMUNICATIVE IMPACT OF EXPRESSION
25
Q

1

EQUAL PROTECTION CLAUSE LIMITS GOVERNMENT’S ABILITY TO DO THIS:

A
  1. GOVERNMENT’S ABILITY TO TREAT SIMILARLY SITUATED PEOPLE DIFFERENTLY
26
Q

1

PURCHASING A TICKET CREATES THIS CONTRACTUAL RIGHT

A
  1. A LICENSE
27
Q

1

ARREST WARRANT REQUIRED WHERE

A
  1. PERSON IS ARRESTED IN HIS/HER HOME.
28
Q

3

SIXTH AMENDMENT RIGHT TO JURY - DUREN TEST FOR CHALLENGING FAIRNESS OF JURY SELECTION - IS THE GROUP ALLEGED TO BE EXCLUDED

A
  1. A DISTINCTIVE GROUP
  2. WHOSE REPRESENTATION IS NOT FAIR OR REASONABLE IN RELATION TO THE PERCENTAGE OF SUCH A GROUP IN THE COMMUNITY
  3. UNREPRESENTED DUE TO SYSTEMATIC EXCLUSION IN THE JURY SELECTION PROCESS
29
Q

4

SIXTH AMENDMENT RIGHT TO SPEEDY TRIAL BALANCING FACTORS

A
  1. LENGTH OF DELAY
  2. REASON FOR DELAY
  3. PREJUDICE TO DEFENDANT AS RESULT OF DELAY
  4. TIME AND MANNER IN WHICH DEFENDANT ASSERTED HIS RIGHT.
30
Q

3

CRIMINAL ASSAULT ELEMENTS

A
  1. A SPECIFIC INTENT CRIME
  2. OF ATTEMPTED BATTERY
  3. OR INTENTIONALLY ACTING TO MAKE VICTIM FEAR AN IMMINENT HARMFUL OR OFFENSIVE CONTACT WITH VICTIM’S PERSON.
31
Q

3

IRRESISTIBLE IMPULSE TEST

A
  1. SOME JURISDICTIONS ADD IRRESISTIBLE IMPULSE TEST TO M’NAUGHTEN
  2. WHERE MENTAL DISEASE OR DEFECT MADE DEFENDANT INCAPABLE OF CONTROLLING HIS ACTIONS
  3. EVEN WHERE HE COULD DISTINGUISH RIGHT FROM WRONG.
32
Q

1

DEFENSE OF MISTAKE OF FACT - THE DEFENSE MAY RAISE THE DEFENSE OF MISTAKE OF FACT WHERE IT NEGATES

A
  1. SPECIFIC INTENT.
33
Q

1

KIDNAPPING - MODERNLY, MOST JURISIDICTIONS HAVE DONE AWAY WITH THIS ELEMENT OF COMMON LAW KIDNAPPING

A
  1. THE CARRYING AWAY REQUIREMENT
34
Q

2

RECKLESSNESS

A
  1. RECKLESSNESS IS A DELIBERATE ACT THAT CREATES EXTREME RISK TO OTHERS
  2. GROSSLY DEVIATING FROM THE AMOUNT OF RISK A REASONABLE PERSON WOULD CREATE IN A SIMILAR SITUATION.
35
Q

3

ADEQUATE PROVOCATION COOL DOWN PERIOD

A
  1. ADEQUATE PROVOCATION WILL NOT BE FOUND
  2. WHERE DEFENDATN HAD AN AMOUNT OF TIME ALLOWING A REASONABLE PERSON TO COOL DOWN
  3. AND NO LONGER BE IN A MURDEROUS RAGE.
36
Q

1

ALLEGATIONS OF MINOR CHILD CEC HEARSAY EXCEPTION

A
  1. EVIDENCE OF A STATEMENT BY A MINOR CHILD IF OFFERED IN CERTAIN ACTIONS AGAINST A PERSON ALLEGED TO HAVE INJURED THE CHILD.
37
Q

2

GOODS

A
  1. TANGIBLE, MOVABLE THINGS
  2. AT TIME OF CONTRACT IDENTIFICATION.
38
Q

1

BUYER SATISFACT AS AN IMPLIED MATERIAL CONDITION OF THE CONTRACT

A
  1. REASONABLY SATISFACTORY PERFORMANCE IS ALWAYS AN IMPLIED MATERIAL CONDITION OF EVERY CONTRACT.
39
Q

2

THIRD PARTY INCIDENTAL BENEFICIARY

A
  1. A PARTY NOT DIRECTLY INTENDED TO BENEFIT FROM THE CONTRACT
  2. WHO MAY NOT SEEK DAMAGES FOR THE BREACH.
40
Q

1

RELIANCE DAMAGES SEEK TO RETURN THE PLAITNIFF TO THE POSITION HE WAS IN

A
  1. BEFORE THE CONTRACT WAS MADE.
41
Q

3

INSTALLMENT CONTRACT

A
  1. A CONTRACT FOR A SERIES OF SEPARATE SHIPMENTS OF GOODS PAID BY CORRESPONDING SEPARATE PAYMENTS
  2. ANY NON-CONFORMING SHIPMENT WILL NOT AMOUNT TO BREACH
  3. UNLESS IT SUBSTANTIALLY IMPAIRS THE TOTAL VALUE OF THE CONTRACT.
42
Q

4

CA FACTORS FOR ASSESSING ATTY FEES

A
  1. NOVELTY AND DIFFICULTY OF LEGAL ISSUES
  2. TIME LIMITATION
  3. NATURE OF RELATIONSHIP WITH CLIENT
  4. EXPERIENCE
43
Q

4

ABA COMPETENCY REQUIREMENTS - LAWYER MUST HAVE THESE THINGS TO REPRESENT A CLIENT

A
  1. KNOWLEDGE
  2. SKILL
  3. THOROUGHNESS
  4. PREPARATION REASONABLY NECESSARY
44
Q

2

HOW MANY A LAWYER GAIN SUFFICIENT COMPETENCY?

A
  1. ASSOCIATING W/LAYWER REASONABLY BELIEVED TO BE COMPETENT
  2. ACQUIRING SUFFICIENT LEARNING AND SKILL BEFORE PEROFRMANCE W/OUT UNDUE EXPENSE OR DELAY
45
Q

3

THIRD PARTY COMPENSATION OF ATTORNEYS FEES ONLY ALLOWED WHERE

A
  1. THIRD PARTY DOES NOT INTERFERE WITH INDEPENDENC EOF PROFESSIONAL JUDGMENT OR LAWYER-CLIENT RELATIONSHIP
  2. CLIENT INFO IS KEPT CONFIDENTIAL
  3. CLIENT GIVES INFORMED CONSENT (CA REQUIRES WRITING)
46
Q

2

DUTY OF CANDOR - ATTORNEY MUST NOT

A
  1. MAKE FALSE STATEMENTS TO COURT AND/OR OPPOSING COUNSEL
  2. ALLOW CLIENT TO MAKE FALSE REPRESENTATIONS TO COURT
47
Q

4

AN ATTORNEY ENTER INTO BUSINESS TRANSACTION WITH CLIENT WHERE TRANSACTION IS

A
  1. FAIR AND REASONABLE
  2. TERMS ARE COMMUNICATED IN EASILY UNDERSTANDABLE MANNER
  3. CLIENT CONSENTS IN WRITING
  4. CLIENT IS ADVISED TO SEEK INDEPENDENT COUNSEL
48
Q

2

ACCEPTING INTEREST IN BUSINESS FOR PAYMENT OF ATTORNEYS FEES IS ALLOWED WHERE

A
  1. ATTORNEY ADVISES CLIENT TO SEEK INDEPEDENT COUNSEL
  2. WRITTEN TRANSACTION
49
Q

1

TRESSPASS TO CHATTELS - LIABILITY ARISES WHERE DEFENDANT

A
  1. INTENTIONALLY AND WITHOUT AUTHORIZATION INTERFERES WITH OR CAUSES DAMAGE TO PLAINTIFF’S CHATTELS
50
Q

2

COLLATERAL ESTOPPEL - AN ISSUE IS NECESSARILY DECIDED ON THE MERITS WHERE

A
  1. ISSUE IS CONNECTED TO FINAL ADJUDICATION
  2. ISSUE WAS NOT DECIDED BASED ON A TECHNICALITY
51
Q

3

INVOLUNTARY DISSOLUTION MAY BE INITIATED BY

A
  1. SHAREHOLDER(S) WITH 33 PERCENT OR MORE SHARES
  2. OVER 50 PERCENT VOTE OF BOD
  3. ATTORNEY GENERAL
52
Q

1

MBE MISSED - EASEMENT AGAINST SERVIENT ESTATE - BFP WILL BE FOUND TO HAVE NOTICE WHERE EASEMENT APPEARS

A
  1. IN CHAIN OF TITLE

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

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