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CA Bar Outlined and Numbered (with prompts) > deck T (932-982) > Flashcards

deck T (932-982) Flashcards

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MBE flashcards
1
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A
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2
Q

2

CREATION AND CLASSIFICATION OF STOCK SHARES RULES

A
  1. ORIGINAL NUMBER OF SHARES MUST BE FILED WITH SOS
  2. DIFFERENT CLASSES OF SHARES MUST BE CLASS MUST BE IDENTIFIED BEFORE ISSUED
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3
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2

DUTY OF LOYALTY - REQUIRED STEPS TO AVOID USURPING CORPORATE OPPORTUNITY - OFFICER MUST

A
  1. FIRST OFFER OPPORTUNITY TO CORP
  2. WHERE CORP WOULD EXPECTED TO BE PRESENTED WITH OPPORTUNITY
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4
Q

3

SHAREHOLDER AGREEMENT - ENFORCEABLITY OF TRANSFER OF SHARES RESTRICTIONS

A
  1. UPHELD WHERE RESTRICTIONS ARE REASONABLE (E.G. RIGHT OF FIRST REFUSAL)
  2. ABSOLUTE RESTRAINT ON TRANSFERS IS ALWAYS UNREASONABLE
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5
Q

2

LIABILITY OF PARTNERS IN A LLP

A
  1. NO PERSONAL LIABILITY FOR PARTNERSHIP DEBTS
  2. PERSONAL LIABILITY WILL ARISE FOR PERSONAL WRONGDOING
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6
Q

3

METHODS OF PAYING DIVIDENDS TO SHAREHOLDERS

A
  1. CASH
  2. SHARES
  3. PROPERTY
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7
Q

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”

A
  1. PROPERTY BECOMES 1/2 SP AND 1/2 CP
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8
Q

4

SEPERATE PROPERTY PAID TOWARD COMMUNITY PROPERTY MAY BE REIMBURSED WHEN USED FOR

A
  1. DOWN PAYMENT
  2. IMPROVEMENTS
  3. PRINCIPAL
  4. NO INTEREST
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9
Q

5

CALIFORNIA MARRIAGE

A
  1. CONSENSUAL CIVIL CONTRACT
  2. BETWEEN TWO PERSONS
  3. FOLLOWED BY LICENSE
  4. SOLEMNIZATION
  5. AUTHENTICATION
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10
Q

3

TRANSMUTATION PRE 1985 COULD BE

A
  1. ORAL
  2. WRITTEN
  3. INFERRED BY SPOUSE’S CONDUCT
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11
Q

2

DEBT - SPOUSE’S SEPARATE PROPERTY’S AVAILABILITY

FOR COMMUNITY LIABILITY

A
  1. SPOUSES SEPARATE PROPERTY ONLY AVAILABLE FOR PERSONAL LIABILITY
  2. UNLESS COMMUNITY DEBT INCURRED BY NECESSARIES OF LIFE FOR CHILD OR SPOUSE
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12
Q

2

REVOCATION OF WILL BY OPERATION OF LAW - TRIGGERS

A
  1. TO ACCOMODATE OMMITTED SPOUSE OR CHILD
  2. OR REMOVE EX-SPOUSE AFTER DIVORCE OR ANNULLMENT
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13
Q

2

REVOCATION BY OPERATION OF LAW - PRETERMITTED CHILD OR SPOUSE RECEIVES

A
  1. INTESTATE SHARE
  2. WHERE BORN OR MARRIED AFTER WILL MADE
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14
Q

3

TRUSTS FOR REAL PROPERTY MUST BE EXECUTED BY

A
  1. TRUSTEE OR
  2. SETTLOR OR
  3. THEIR AGENT
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15
Q

13

TYPES OF TRUSTS

A
  1. EXPRESS
  2. TESTAMENTARY
  3. POUR OVER
  4. SECRET
  5. SEMI-SECRET
  6. SPENDTHRIFT
  7. SUPPORT
  8. DISCRETIONARY SUPPORT
  9. CHARITABLE
  10. HONORARY
  11. TOTTEN
  12. RESULTING (PURCHASE MONEY)
  13. CONSTRUCTIVE
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16
Q

3

EXPRESS TRUST CREATION TYPES

A
  1. INTERVIVOS DECLARATION THAT PROPERTY IS HELD IN TRUST (INTER VIVOS TRUST)
  2. INTERVIVOS TRANSFER OF PROPERTY BY SETTLOR TO TRUST DURING SETTLOR’S LIFETIME (LIVING TRUST)
  3. BY WILL (TESTAMENTARY TRUST)
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17
Q

3

HONORARY TRUST

A
  1. TYPICALLY INVALID BECAUSE HAS NO BENFICIARY OR CHARITABLE PURPOSE
  2. ALLOWED WHERE FOR CARE OF PETS OR BURIAL PLOTS
  3. WHEN PET DIES, FUNDS GO TO RESULTING TRUST
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18
Q

3

TRUST TERMINATION POWERS - BENEFICIARIES

A
  1. WHERE UNANIMOUS CONSENT
  2. WHERE ALL ARE COMPETENT
  3. WHERE PURPOSE OF TRUST WONT BE FRUSTRATED
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19
Q

2

LOWEST INTERMEDIATE BALANCE RULE -

INVESTOR AND SPENDER FICTION

A
  1. INVESTOR FICTION - DEFENDANT INVESTS HIS OWN MONEY FIRST
  2. SPENDER FICTION - DEFENDANT SPENDS HIS OWN MONEY FIRST
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20
Q

3

WASTE BY THE PRESENT INTEREST HOLDER REAL PROPERTY - ELEMENTS

A
  1. INJURY TO REAL PROPERTY
  2. COMMITTED BY PRESENT INTEREST HOLDER
  3. AGAINST FUTURE INTEREST HOLDER
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21
Q

3

INSTALLMENT CONTRACT FOR REAL PROPERTY

A
  1. BUYER MAKES DOWN PAYMENT
  2. MAKES SUBSEQUENT INSTALLMENT PAYMENTS
  3. IF DEFAULT, SELLER RECOVERS PROPERTY AND KEEPS PAYMENTS MADE
22
Q

3

THREE TYPES OF DEED

A
  1. QUITCLAIM DEED
  2. WARRANTY DEED
  3. SPECIAL WARRANTY DEED
23
Q

1

RACE STATUTE

A
  1. FIRST TO RECORD WINS
24
Q

1

PRIVATE CITIZEN’S RESIDENCE FOR VENUE IS ESTABLISHED BY

A
  1. CITIZEN’S DOMICILE
25
Q

3

SERVICE OF PROCESS ELEMENTS - DEFENDANT IS PROVIDED WITH A

A
  1. A COPY OF COMPLAINT.
  2. FORMAL NOTICE OF COURT FILING
  3. TIMELINE FOR RESPONSE.
26
Q

4

ISSUES THAT ARE PER SE SUBSTANTIVE

A
  1. ELEMENTS OF CLAIM OR DEFENSE
  2. CHOICE/CONFLICT OF LAW
  3. STATUTE OF LIMITATIONS
  4. TOLLING STATUTE OF LIMITATIONS
27
Q

2

MOTION TO QUASH FILING REQUIREMENTS

A
  1. MADE BY SPECIAL APPEARANCE
  2. DONE BEFORE OR CONCURRENTLY WITH FILING OF RESPONSIVE PLEADINGS
28
Q

3

CALIFORNIA DOE AMENDEMENTS - PLAINTIFF CAN AMEND AND IDENTIFY DOE DEFENDANTS WHERE (ALLOWANCES FOR IGNORACE)

A
  1. SHE WAS GENUINELY IGNORANT OF THE IDENTITY OF THE DEFENDANTS OR
  2. THE FACTS GIVING RISE TO THE ACTION OR
  3. THE FACTS THAT THE LAW PROVIDES A CAUSE OF ACTION
29
Q

4

EVALUATING 19B INDISPENSIBILITY FOR COMPULSORY JOINDER

A
  1. PREJUDICE CAUSED TO MISSING PARTIES BY RENDERING JUDGMENT WITH A MISSING PARTY.
  2. COURT’S ABILITY TO LESSEN SUCH PREJUDICE WITH A JUDGMENT.
  3. ADEQUACY OF A JUDGMENT RENDERED WITH A MISSING PARTY.
  4. ADEQUATE REMEDY AVAILABLE FOR PLAINTIFF IF CASE DISMISSED FOR NONJOINDER.
30
Q

3

CONGRESSIONAL POWERS - CONGRESS RESPONSIBLE FOR ENFORCING THESE POST CIVIL WAR AMENDMENTS

A
  1. 13
  2. 14
  3. 15
31
Q

3

PROCEDURAL DUE PROCESS - DEPRIVATION OF LIBERTY OCCURS WHERE GOVERNMENT ACTION

A
  1. RECKLESSLY OR INTENTIONALLY CAUSED
  2. LOSS OF SIGNIFICANT FREEDOM
  3. SECURED BY CONSTITUTION OR STATUTE
32
Q

2

CRIMINAL HOMICIDE

A
  1. AN UNLAWFUL KILLING OF A HUMAN BEING
  2. COMMITTED BY ANOTHER HUMAN BEING
33
Q

4

CRIMINAL FALSE IMPRISONMENT

A
  1. FALSE IMPRISONMENT IS A GENERAL INTENT CRIME
  2. OF UNLAWFUL CONFINING VICTIM WITHIN FIXED BOUNDARIES
  3. FOR ANY PERIOD OF TIME
  4. WITH NO REASONABLE MEANS OF ESCAPE
34
Q

1

DEFENSE OF DWELLING

A
  1. A DEFENDANT IS PRIVILEGED TO USE REASONABLE FORCE TO DEFEND HIS DWELLING.
35
Q

1

REPUTATION CONCERNING CHARACTER - HEARSAY EXCEPTION

A
  1. REPUTATION AMONG THE COMMUNITY CONCERNING A PERSON’S CHARACTER.
36
Q

3

EXCEPTIONS TO THE UCC SOF

A
  1. SPECIALTY MADE GOODS
  2. WHERE PARTY TO BE BOUND ADMITS EXISTENCE OF AGREEMENT IN A LEGAL DOCUMENT
  3. PARTIAL PERFORMANCE
37
Q

2

WHERE IS LAWYER’S PECUNIARY INTEREST IN LITIGATION ALLOWED

A
  1. ONLY ALLOWED AS LIEN TO SECURE FEES
  2. OR CONTINGENCY INTEREST
38
Q

2

CA - ADDITIONAL CONTINGENCY FEE REQUIREMENTS - FEE AGREEMENT MUST NOTE

A
  1. FEES ARE NEGOTIABLE
  2. HOW FEES OUTSIDE OF CONTINGENCY FEE ARE TO BE PAID
39
Q

2

CALIFORNIA COMPARATIVE FAULT PROOF REQUIREMENT

A
  1. PLAINTIFF WAS ALSO NEGLIGENT
  2. PLAINTIFF’S NEGLIGENCE WAS A SUBSTANTIAL FACTOR IN CAUSING HIS OR HER OWN HARM
40
Q

5

TRIGGERS FOR ABSOLUTE PRIVILEGE APPLIES TO STATEMENTS MADE

A
  1. BY LEGISLATORS AND AIDS ON FLOOR
  2. BETWEEN FEDERAL EXECUTIVE OFFICIALS
  3. JUDICIAL PROCEEDINGS
  4. COMMUNICATION BETWEEN SPOUSES
  5. UNTIL REPEATED IN CONTEXT WITH NO PRIVILEGE
41
Q

1

DEFENSE OF LACK OF CAPACITY

A
  1. DEFENSE OF LACK OF CAPACITY IS NO DEFENSE TO CIVIL LIABILITY
42
Q

1

LIABILITY FOR PRODUCTS LIABILITY - COMMERCIAL SELLER IS

A
  1. ANYONE ENGAGED IN THE BUSINESS OF MARKETING AND DISTRIBUTION CHAIN OF AN UNREASOANBLY DANGEROUS PRODUCT
43
Q

4

BURDEN OF PROOF FOR DESIGN DEFECT - JURY MUST BALANCE

A
  1. GRAVITY OF POTENTIAL HARM
  2. LIKELIHOOD OF POTENTIAL HARM
  3. VS. FEASIBILITY OF ALTERNATIVE DESIGN
  4. COST OF ALTERNATIVE DESIGN
44
Q

1

MBE MISSED - MINOR BREACH AMOUNTS TO

A
  1. SUBSTANTIAL PERFORMANCE
45
Q

3

WILLS - CALIFORNIA WILL CONSTRUE CHILD TO MEAN

A
  1. NATURALLY BORN CHILD FROM MARRIAGE
  2. CHILD BORN OUT OF WEDLOCK
  3. ADOPTED CHILD
46
Q

1

MBE MISSED - WHERE A LAW IMPACTS FIRST AMENDMENT RIGHTS IT MUST

A
  1. PROMOTE A SIGNFICANT GOVERNMENT INTEREST.
47
Q

1

MBE MISSED - BURDEN OF GOING FORWARD ON AN AFFIRMATIVE DEFENSE. DEFENDANT MUST PROVE DEFENSE BY A

A
  1. PREPONDERANCE OF EVIDENCE
48
Q

1

MBE MISSED - A WRITTEN AGREEMENT IS PRESUMED PARTIALLY INTEGRATED UNLESS

A
  1. CLEAR EVIDENCE EXISTS TO THE CONTRARY
49
Q

2

MBE MISSED - A STATUTE WILL NOT VIOLATE THE TENTH AMENDMENT WHERE IT IS

A
  1. GENERALLY APPLICABLE
  2. DOES NOT COMMANDEER THE LEGISTLATIVE FUNCTION OF LOCAL GOVERNMENT
50
Q

5

EVIDENCE IS LOGICALLY RELEVANT WHERE IT HAS

A
  1. ANY TENDENCY
  2. TO MAKE A MATERIAL FACT OF CONSEQUENCE
  3. MORE OR LESS PROBABLE
  4. THAN IT WOULD BE
  5. WITHOUT THE EVIDENCE
51
Q

2

ASSERTIVE CONDUCT IS CONDUCT THAT IS

A
  1. TREATED LIKE A STATEMENT
  2. SUBJECT TO ALL HEARSAY RULES
52
Q

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)

A
  1. INTENT
  2. PREPARATION
  3. IDENTITY OF PERPERTRATOR
  4. KNOWLEDGE
  5. ABSENCE OF MISTAKE OR ACCIDENT
  6. MOTIVE
  7. OPPORTUNITY
  8. PLAN

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

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