deck S (881-931) Flashcards
2
CORPORATION BY ESTOPPEL - REMEDY IS AVAILABLE WHERE PLAINTIFF
- REASONABLY RELIED ON REPRESENTATIONS OF CORP STATUS
- AND IS SEEKING REMEDY AT CONTRACT
2
REMEDY FOR
USURPING BUSINESS OPPORTUNITY FROM CORPORATION
- COMPELLED TURNOVER OF BUSINESS OPPORTUNITY TO CORPORATION
- DISGORGEMENT OF PROFITS GAINED FROM USURPRING OPPORTUNITY (TO CORP)
1
CONTROLLING SHAREHOLDERS
- A SHAREHOLDER WITH ENOUGH VOTING STRENGTH TO IMPACT CORPORATION
4
TIRIGGERS OF LIABILITY OF PROMOTER UNDER A BREACH OF WARRANTY THEORY
- HE WILL ACT TO FORM A CORP
- HE HAS ACTED TO FORM A CORP
- THAT A CORPORATION EXISTS
- THAT PROMOTER HAS RIGHT TO REPRESENT CORP
2
BUSINESS VALUE APPRECIATION AFTER SEPARATION - WHEN TO USE REVERSE PEREIRA
- COMMUNITY PROVIDED INITIAL INVESTMENT FOR BUSINESS
- APPRECIATION OF BUSINESS DUE TO SPOUSE’S LABOR
1
ACQUISITION OF DEBT AND REBUTTABLE PRESUMPTION OF COMMUNITY LIABILITY - COMMUNITY IS REBUTTABLY PRESUMED LIABLE FOR DEBT ACQUIRED BEFORE AND DURING MARRIAGE UNLESS
- LENDER RELIED EXCLUSIVELY ON SPOUSE’S SEPARATE PROPERTY
2
DISTRIBUTION OF ASSETS AT DEATH - WHERE DECEDENT TRIES TO DEVISE MORE THAN 1/2 COMMUNITY ASSETS IN WILL, SURVIVING SPOUSE MAY ELECT TO
- TAKE CP RIGHTS INSTEAD OF DEVISE OR
- TAKE DEVISE UNDER WILL IN LIEU OF CP RIGHTS
3
WILLS - CONFLICT OF LAWS - WILL MUST COMPLY WITH THE LAWS OF THE PLACE
- TESTATOR DOMICILED AT TIME OF EXECUTION
- TESTATOR DOMICILED AT TIME OF DEATH
- WILL EXECUTED
3
3FOR WILLS, ACTS OF INDEPENDENT LEGAL SIGNFICANCE
- EXTRINSIC ACTS
- WITHOUT TESTAMENTARY FUNCTION
- USED FOR DESIGNATING BENEFICIARIES OR PROPERTY TO BE DEVISED
2
EQUITABLE DEFENSES - LACHES
- PLAINTIFF UNREASONABLY DELAYED PURSUING CLAIM
- CAUSING PREJUDICE TO DEFENDANT
2
ADVERSE POSSESSION AND MARKETABLE TITLE
- ADVERSE POSSESSION DOES NOT GRANT OWNER MARKETABLE TITLE
- MARKETABLE TITLE MAY BE OBTAINED BY QUIET TITLE ACTION
3
DURATION OF FUTURE COVENANTS CONTAINED WARRANTY DEEDS
- RUN WITH THE LAND
- CONTINUOUS
2
INTRO SENTENCE - LANDLORD/TENANT QUESTIONS
- IN ORDER TO DETERMINE THE RIGHTS AND OBLIGATIONS OF THE PARTIES,
- WE MUST FIRST DETERMINE EACH PARTY’S INTEREST IN THE PROPERTY.
4
REQUIRED ANSWER RESPONSES TO FEDERAL COMPLAINT ALLEGATIONS - DEFENDANT MUST EITHER
- DENY
- ADMIT
- STATE LACK OF INFORMATION TO DENY OR ADMIT
- ASSERT ANY AFFIRMATIVE DEFENSES
2
RELATION BACK DOCTRINE - AMENDMENT OF CLAIM ALLOWED WHERE
- STATUTE ALLOWS
- INVOLVES THE SAME CONDUCT, TRANSACTION OR OCCURRENCE IN THE ORIGINAL CLAIM.
2
IMPLEADER
- DEFENDANT BRINGS IN THIRD PARTY DEFENDANT WITH DERIVATIVE CLAIM
- SEEKING SUBROGATION, INDEMNITY OR CONTRIBUTION
2
MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT TIMING REQUIREMENTS- CA
- MOTION MUST BE MADE W/IN 15 DAYS AFTER SERVICE OF NOTICE OF ENTRY OF JUDGMENT
- OR 180 DAYS AFTER JUDGMENT ENTERED
2
MOTION FOR NEW TRIAL MUST BE FILED W/IN
- FED- 28 DAYS AFTER ENTRY OF JUDGMENT
- CA - 15 DAYS OF SERVICE OF NOTICE OF ENTRY OF JUDGMENT OR 180 DAYS AFTER JUDGMENT ENTERED
2
FEDERAL TAXPAYER STANDING IS ONLY FOR
- VIOLATIONS OF ESTABLISHMENT CLAUSE
- MADE BY SPENDING OR TAX PROGRAMS
2
CONGRESSIONAL POWER - TAXING AND SPENDING CLAUSE - CONGRESS HAS THE RIGHT TO
- TAX FOR GENERAL WELFARE OF US
- CONDITIONALLY GRANT FUNDING
2
CONGRESSIONAL POWER - WAR POWERS
- RIGHT TO DECLARE WAR
- RIGHT TO RAISE AND SUPPORT ARMED FORCES
1
TAKINGS CLAUSE - MEASURE OF JUST COMPENSATION
- PROPERTY’S FAIR MARKET VALUE AT TIME OF TAKING
1
FREEDOM OF SPEECH - CONTENT BASED SPEECH REGULATIONS AFFECT
- COMMUNICATIVE IMPACT OF EXPRESSION
1
EQUAL PROTECTION CLAUSE LIMITS GOVERNMENT’S ABILITY TO DO THIS:
- GOVERNMENT’S ABILITY TO TREAT SIMILARLY SITUATED PEOPLE DIFFERENTLY
1
PURCHASING A TICKET CREATES THIS CONTRACTUAL RIGHT
- A LICENSE
1
ARREST WARRANT REQUIRED WHERE
- PERSON IS ARRESTED IN HIS/HER HOME.
3
SIXTH AMENDMENT RIGHT TO JURY - DUREN TEST FOR CHALLENGING FAIRNESS OF JURY SELECTION - IS THE GROUP ALLEGED TO BE EXCLUDED
- A DISTINCTIVE GROUP
- WHOSE REPRESENTATION IS NOT FAIR OR REASONABLE IN RELATION TO THE PERCENTAGE OF SUCH A GROUP IN THE COMMUNITY
- UNREPRESENTED DUE TO SYSTEMATIC EXCLUSION IN THE JURY SELECTION PROCESS
4
SIXTH AMENDMENT RIGHT TO SPEEDY TRIAL BALANCING FACTORS
- LENGTH OF DELAY
- REASON FOR DELAY
- PREJUDICE TO DEFENDANT AS RESULT OF DELAY
- TIME AND MANNER IN WHICH DEFENDANT ASSERTED HIS RIGHT.
3
CRIMINAL ASSAULT ELEMENTS
- A SPECIFIC INTENT CRIME
- OF ATTEMPTED BATTERY
- OR INTENTIONALLY ACTING TO MAKE VICTIM FEAR AN IMMINENT HARMFUL OR OFFENSIVE CONTACT WITH VICTIM’S PERSON.
3
IRRESISTIBLE IMPULSE TEST
- SOME JURISDICTIONS ADD IRRESISTIBLE IMPULSE TEST TO M’NAUGHTEN
- WHERE MENTAL DISEASE OR DEFECT MADE DEFENDANT INCAPABLE OF CONTROLLING HIS ACTIONS
- EVEN WHERE HE COULD DISTINGUISH RIGHT FROM WRONG.
1
DEFENSE OF MISTAKE OF FACT - THE DEFENSE MAY RAISE THE DEFENSE OF MISTAKE OF FACT WHERE IT NEGATES
- SPECIFIC INTENT.
1
KIDNAPPING - MODERNLY, MOST JURISIDICTIONS HAVE DONE AWAY WITH THIS ELEMENT OF COMMON LAW KIDNAPPING
- THE CARRYING AWAY REQUIREMENT
2
RECKLESSNESS
- RECKLESSNESS IS A DELIBERATE ACT THAT CREATES EXTREME RISK TO OTHERS
- GROSSLY DEVIATING FROM THE AMOUNT OF RISK A REASONABLE PERSON WOULD CREATE IN A SIMILAR SITUATION.
3
ADEQUATE PROVOCATION COOL DOWN PERIOD
- ADEQUATE PROVOCATION WILL NOT BE FOUND
- WHERE DEFENDATN HAD AN AMOUNT OF TIME ALLOWING A REASONABLE PERSON TO COOL DOWN
- AND NO LONGER BE IN A MURDEROUS RAGE.
1
ALLEGATIONS OF MINOR CHILD CEC HEARSAY EXCEPTION
- EVIDENCE OF A STATEMENT BY A MINOR CHILD IF OFFERED IN CERTAIN ACTIONS AGAINST A PERSON ALLEGED TO HAVE INJURED THE CHILD.
2
GOODS
- TANGIBLE, MOVABLE THINGS
- AT TIME OF CONTRACT IDENTIFICATION.
1
BUYER SATISFACT AS AN IMPLIED MATERIAL CONDITION OF THE CONTRACT
- REASONABLY SATISFACTORY PERFORMANCE IS ALWAYS AN IMPLIED MATERIAL CONDITION OF EVERY CONTRACT.
2
THIRD PARTY INCIDENTAL BENEFICIARY
- A PARTY NOT DIRECTLY INTENDED TO BENEFIT FROM THE CONTRACT
- WHO MAY NOT SEEK DAMAGES FOR THE BREACH.
1
RELIANCE DAMAGES SEEK TO RETURN THE PLAITNIFF TO THE POSITION HE WAS IN
- BEFORE THE CONTRACT WAS MADE.
3
INSTALLMENT CONTRACT
- A CONTRACT FOR A SERIES OF SEPARATE SHIPMENTS OF GOODS PAID BY CORRESPONDING SEPARATE PAYMENTS
- ANY NON-CONFORMING SHIPMENT WILL NOT AMOUNT TO BREACH
- UNLESS IT SUBSTANTIALLY IMPAIRS THE TOTAL VALUE OF THE CONTRACT.
4
CA FACTORS FOR ASSESSING ATTY FEES
- NOVELTY AND DIFFICULTY OF LEGAL ISSUES
- TIME LIMITATION
- NATURE OF RELATIONSHIP WITH CLIENT
- EXPERIENCE
4
ABA COMPETENCY REQUIREMENTS - LAWYER MUST HAVE THESE THINGS TO REPRESENT A CLIENT
- KNOWLEDGE
- SKILL
- THOROUGHNESS
- PREPARATION REASONABLY NECESSARY
2
HOW MANY A LAWYER GAIN SUFFICIENT COMPETENCY?
- ASSOCIATING W/LAYWER REASONABLY BELIEVED TO BE COMPETENT
- ACQUIRING SUFFICIENT LEARNING AND SKILL BEFORE PEROFRMANCE W/OUT UNDUE EXPENSE OR DELAY
3
THIRD PARTY COMPENSATION OF ATTORNEYS FEES ONLY ALLOWED WHERE
- THIRD PARTY DOES NOT INTERFERE WITH INDEPENDENC EOF PROFESSIONAL JUDGMENT OR LAWYER-CLIENT RELATIONSHIP
- CLIENT INFO IS KEPT CONFIDENTIAL
- CLIENT GIVES INFORMED CONSENT (CA REQUIRES WRITING)
2
DUTY OF CANDOR - ATTORNEY MUST NOT
- MAKE FALSE STATEMENTS TO COURT AND/OR OPPOSING COUNSEL
- ALLOW CLIENT TO MAKE FALSE REPRESENTATIONS TO COURT
4
AN ATTORNEY ENTER INTO BUSINESS TRANSACTION WITH CLIENT WHERE TRANSACTION IS
- FAIR AND REASONABLE
- TERMS ARE COMMUNICATED IN EASILY UNDERSTANDABLE MANNER
- CLIENT CONSENTS IN WRITING
- CLIENT IS ADVISED TO SEEK INDEPENDENT COUNSEL
2
ACCEPTING INTEREST IN BUSINESS FOR PAYMENT OF ATTORNEYS FEES IS ALLOWED WHERE
- ATTORNEY ADVISES CLIENT TO SEEK INDEPEDENT COUNSEL
- WRITTEN TRANSACTION
1
TRESSPASS TO CHATTELS - LIABILITY ARISES WHERE DEFENDANT
- INTENTIONALLY AND WITHOUT AUTHORIZATION INTERFERES WITH OR CAUSES DAMAGE TO PLAINTIFF’S CHATTELS
2
COLLATERAL ESTOPPEL - AN ISSUE IS NECESSARILY DECIDED ON THE MERITS WHERE
- ISSUE IS CONNECTED TO FINAL ADJUDICATION
- ISSUE WAS NOT DECIDED BASED ON A TECHNICALITY
3
INVOLUNTARY DISSOLUTION MAY BE INITIATED BY
- SHAREHOLDER(S) WITH 33 PERCENT OR MORE SHARES
- OVER 50 PERCENT VOTE OF BOD
- ATTORNEY GENERAL
1
MBE MISSED - EASEMENT AGAINST SERVIENT ESTATE - BFP WILL BE FOUND TO HAVE NOTICE WHERE EASEMENT APPEARS
- IN CHAIN OF TITLE
