deck T (932-982) Flashcards
2
CREATION AND CLASSIFICATION OF STOCK SHARES RULES
- ORIGINAL NUMBER OF SHARES MUST BE FILED WITH SOS
- DIFFERENT CLASSES OF SHARES MUST BE CLASS MUST BE IDENTIFIED BEFORE ISSUED
2
DUTY OF LOYALTY - REQUIRED STEPS TO AVOID USURPING CORPORATE OPPORTUNITY - OFFICER MUST
- FIRST OFFER OPPORTUNITY TO CORP
- WHERE CORP WOULD EXPECTED TO BE PRESENTED WITH OPPORTUNITY
3
SHAREHOLDER AGREEMENT - ENFORCEABLITY OF TRANSFER OF SHARES RESTRICTIONS
- UPHELD WHERE RESTRICTIONS ARE REASONABLE (E.G. RIGHT OF FIRST REFUSAL)
- ABSOLUTE RESTRAINT ON TRANSFERS IS ALWAYS UNREASONABLE
2
LIABILITY OF PARTNERS IN A LLP
- NO PERSONAL LIABILITY FOR PARTNERSHIP DEBTS
- PERSONAL LIABILITY WILL ARISE FOR PERSONAL WRONGDOING
3
METHODS OF PAYING DIVIDENDS TO SHAREHOLDERS
- CASH
- SHARES
- PROPERTY
1
MARRIED WOMAN’S SPECIAL PRESUMPTION
RESULT OF PROPERTY TAKEN IN WIFE AND HUSBAND’S NAME BUT NO JOINT TENANCY FORM OR MENTION OF “MR & MRS” OR “HUSBAND AND WIFE”
- PROPERTY BECOMES 1/2 SP AND 1/2 CP
4
SEPERATE PROPERTY PAID TOWARD COMMUNITY PROPERTY MAY BE REIMBURSED WHEN USED FOR
- DOWN PAYMENT
- IMPROVEMENTS
- PRINCIPAL
- NO INTEREST
5
CALIFORNIA MARRIAGE
- CONSENSUAL CIVIL CONTRACT
- BETWEEN TWO PERSONS
- FOLLOWED BY LICENSE
- SOLEMNIZATION
- AUTHENTICATION
3
TRANSMUTATION PRE 1985 COULD BE
- ORAL
- WRITTEN
- INFERRED BY SPOUSE’S CONDUCT
2
DEBT - SPOUSE’S SEPARATE PROPERTY’S AVAILABILITY
FOR COMMUNITY LIABILITY
- SPOUSES SEPARATE PROPERTY ONLY AVAILABLE FOR PERSONAL LIABILITY
- UNLESS COMMUNITY DEBT INCURRED BY NECESSARIES OF LIFE FOR CHILD OR SPOUSE
2
REVOCATION OF WILL BY OPERATION OF LAW - TRIGGERS
- TO ACCOMODATE OMMITTED SPOUSE OR CHILD
- OR REMOVE EX-SPOUSE AFTER DIVORCE OR ANNULLMENT
2
REVOCATION BY OPERATION OF LAW - PRETERMITTED CHILD OR SPOUSE RECEIVES
- INTESTATE SHARE
- WHERE BORN OR MARRIED AFTER WILL MADE
3
TRUSTS FOR REAL PROPERTY MUST BE EXECUTED BY
- TRUSTEE OR
- SETTLOR OR
- THEIR AGENT
13
TYPES OF TRUSTS
- EXPRESS
- TESTAMENTARY
- POUR OVER
- SECRET
- SEMI-SECRET
- SPENDTHRIFT
- SUPPORT
- DISCRETIONARY SUPPORT
- CHARITABLE
- HONORARY
- TOTTEN
- RESULTING (PURCHASE MONEY)
- CONSTRUCTIVE
3
EXPRESS TRUST CREATION TYPES
- INTERVIVOS DECLARATION THAT PROPERTY IS HELD IN TRUST (INTER VIVOS TRUST)
- INTERVIVOS TRANSFER OF PROPERTY BY SETTLOR TO TRUST DURING SETTLOR’S LIFETIME (LIVING TRUST)
- BY WILL (TESTAMENTARY TRUST)
3
HONORARY TRUST
- TYPICALLY INVALID BECAUSE HAS NO BENFICIARY OR CHARITABLE PURPOSE
- ALLOWED WHERE FOR CARE OF PETS OR BURIAL PLOTS
- WHEN PET DIES, FUNDS GO TO RESULTING TRUST
3
TRUST TERMINATION POWERS - BENEFICIARIES
- WHERE UNANIMOUS CONSENT
- WHERE ALL ARE COMPETENT
- WHERE PURPOSE OF TRUST WONT BE FRUSTRATED
2
LOWEST INTERMEDIATE BALANCE RULE -
INVESTOR AND SPENDER FICTION
- INVESTOR FICTION - DEFENDANT INVESTS HIS OWN MONEY FIRST
- SPENDER FICTION - DEFENDANT SPENDS HIS OWN MONEY FIRST
3
WASTE BY THE PRESENT INTEREST HOLDER REAL PROPERTY - ELEMENTS
- INJURY TO REAL PROPERTY
- COMMITTED BY PRESENT INTEREST HOLDER
- AGAINST FUTURE INTEREST HOLDER
3
INSTALLMENT CONTRACT FOR REAL PROPERTY
- BUYER MAKES DOWN PAYMENT
- MAKES SUBSEQUENT INSTALLMENT PAYMENTS
- IF DEFAULT, SELLER RECOVERS PROPERTY AND KEEPS PAYMENTS MADE
3
THREE TYPES OF DEED
- QUITCLAIM DEED
- WARRANTY DEED
- SPECIAL WARRANTY DEED
1
RACE STATUTE
- FIRST TO RECORD WINS
1
PRIVATE CITIZEN’S RESIDENCE FOR VENUE IS ESTABLISHED BY
- CITIZEN’S DOMICILE
3
SERVICE OF PROCESS ELEMENTS - DEFENDANT IS PROVIDED WITH A
- A COPY OF COMPLAINT.
- FORMAL NOTICE OF COURT FILING
- TIMELINE FOR RESPONSE.
4
ISSUES THAT ARE PER SE SUBSTANTIVE
- ELEMENTS OF CLAIM OR DEFENSE
- CHOICE/CONFLICT OF LAW
- STATUTE OF LIMITATIONS
- TOLLING STATUTE OF LIMITATIONS
2
MOTION TO QUASH FILING REQUIREMENTS
- MADE BY SPECIAL APPEARANCE
- DONE BEFORE OR CONCURRENTLY WITH FILING OF RESPONSIVE PLEADINGS
3
CALIFORNIA DOE AMENDEMENTS - PLAINTIFF CAN AMEND AND IDENTIFY DOE DEFENDANTS WHERE (ALLOWANCES FOR IGNORACE)
- SHE WAS GENUINELY IGNORANT OF THE IDENTITY OF THE DEFENDANTS OR
- THE FACTS GIVING RISE TO THE ACTION OR
- THE FACTS THAT THE LAW PROVIDES A CAUSE OF ACTION
4
EVALUATING 19B INDISPENSIBILITY FOR COMPULSORY JOINDER
- PREJUDICE CAUSED TO MISSING PARTIES BY RENDERING JUDGMENT WITH A MISSING PARTY.
- COURT’S ABILITY TO LESSEN SUCH PREJUDICE WITH A JUDGMENT.
- ADEQUACY OF A JUDGMENT RENDERED WITH A MISSING PARTY.
- ADEQUATE REMEDY AVAILABLE FOR PLAINTIFF IF CASE DISMISSED FOR NONJOINDER.
3
CONGRESSIONAL POWERS - CONGRESS RESPONSIBLE FOR ENFORCING THESE POST CIVIL WAR AMENDMENTS
- 13
- 14
- 15
3
PROCEDURAL DUE PROCESS - DEPRIVATION OF LIBERTY OCCURS WHERE GOVERNMENT ACTION
- RECKLESSLY OR INTENTIONALLY CAUSED
- LOSS OF SIGNIFICANT FREEDOM
- SECURED BY CONSTITUTION OR STATUTE
2
CRIMINAL HOMICIDE
- AN UNLAWFUL KILLING OF A HUMAN BEING
- COMMITTED BY ANOTHER HUMAN BEING
4
CRIMINAL FALSE IMPRISONMENT
- FALSE IMPRISONMENT IS A GENERAL INTENT CRIME
- OF UNLAWFUL CONFINING VICTIM WITHIN FIXED BOUNDARIES
- FOR ANY PERIOD OF TIME
- WITH NO REASONABLE MEANS OF ESCAPE
1
DEFENSE OF DWELLING
- A DEFENDANT IS PRIVILEGED TO USE REASONABLE FORCE TO DEFEND HIS DWELLING.
1
REPUTATION CONCERNING CHARACTER - HEARSAY EXCEPTION
- REPUTATION AMONG THE COMMUNITY CONCERNING A PERSON’S CHARACTER.
3
EXCEPTIONS TO THE UCC SOF
- SPECIALTY MADE GOODS
- WHERE PARTY TO BE BOUND ADMITS EXISTENCE OF AGREEMENT IN A LEGAL DOCUMENT
- PARTIAL PERFORMANCE
2
WHERE IS LAWYER’S PECUNIARY INTEREST IN LITIGATION ALLOWED
- ONLY ALLOWED AS LIEN TO SECURE FEES
- OR CONTINGENCY INTEREST
2
CA - ADDITIONAL CONTINGENCY FEE REQUIREMENTS - FEE AGREEMENT MUST NOTE
- FEES ARE NEGOTIABLE
- HOW FEES OUTSIDE OF CONTINGENCY FEE ARE TO BE PAID
2
CALIFORNIA COMPARATIVE FAULT PROOF REQUIREMENT
- PLAINTIFF WAS ALSO NEGLIGENT
- PLAINTIFF’S NEGLIGENCE WAS A SUBSTANTIAL FACTOR IN CAUSING HIS OR HER OWN HARM
5
TRIGGERS FOR ABSOLUTE PRIVILEGE APPLIES TO STATEMENTS MADE
- BY LEGISLATORS AND AIDS ON FLOOR
- BETWEEN FEDERAL EXECUTIVE OFFICIALS
- JUDICIAL PROCEEDINGS
- COMMUNICATION BETWEEN SPOUSES
- UNTIL REPEATED IN CONTEXT WITH NO PRIVILEGE
1
DEFENSE OF LACK OF CAPACITY
- DEFENSE OF LACK OF CAPACITY IS NO DEFENSE TO CIVIL LIABILITY
1
LIABILITY FOR PRODUCTS LIABILITY - COMMERCIAL SELLER IS
- ANYONE ENGAGED IN THE BUSINESS OF MARKETING AND DISTRIBUTION CHAIN OF AN UNREASOANBLY DANGEROUS PRODUCT
4
BURDEN OF PROOF FOR DESIGN DEFECT - JURY MUST BALANCE
- GRAVITY OF POTENTIAL HARM
- LIKELIHOOD OF POTENTIAL HARM
- VS. FEASIBILITY OF ALTERNATIVE DESIGN
- COST OF ALTERNATIVE DESIGN
1
MBE MISSED - MINOR BREACH AMOUNTS TO
- SUBSTANTIAL PERFORMANCE
3
WILLS - CALIFORNIA WILL CONSTRUE CHILD TO MEAN
- NATURALLY BORN CHILD FROM MARRIAGE
- CHILD BORN OUT OF WEDLOCK
- ADOPTED CHILD
1
MBE MISSED - WHERE A LAW IMPACTS FIRST AMENDMENT RIGHTS IT MUST
- PROMOTE A SIGNFICANT GOVERNMENT INTEREST.
1
MBE MISSED - BURDEN OF GOING FORWARD ON AN AFFIRMATIVE DEFENSE. DEFENDANT MUST PROVE DEFENSE BY A
- PREPONDERANCE OF EVIDENCE
1
MBE MISSED - A WRITTEN AGREEMENT IS PRESUMED PARTIALLY INTEGRATED UNLESS
- CLEAR EVIDENCE EXISTS TO THE CONTRARY
2
MBE MISSED - A STATUTE WILL NOT VIOLATE THE TENTH AMENDMENT WHERE IT IS
- GENERALLY APPLICABLE
- DOES NOT COMMANDEER THE LEGISTLATIVE FUNCTION OF LOCAL GOVERNMENT
5
EVIDENCE IS LOGICALLY RELEVANT WHERE IT HAS
- ANY TENDENCY
- TO MAKE A MATERIAL FACT OF CONSEQUENCE
- MORE OR LESS PROBABLE
- THAN IT WOULD BE
- WITHOUT THE EVIDENCE
2
ASSERTIVE CONDUCT IS CONDUCT THAT IS
- TREATED LIKE A STATEMENT
- SUBJECT TO ALL HEARSAY RULES
8
PRIOR BAD ACTS MAY NOT BE USED TO SHOW CONDUCT IN CONFORMITY WITH CHARACTER EVIDENCE BUT MAY BE USED TO PROVE (I PIK A MOP)
- INTENT
- PREPARATION
- IDENTITY OF PERPERTRATOR
- KNOWLEDGE
- ABSENCE OF MISTAKE OR ACCIDENT
- MOTIVE
- OPPORTUNITY
- PLAN
