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CA Bar Outlined and Numbered (with prompts) > deck U (983-1033) > Flashcards

deck U (983-1033) Flashcards

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1
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A
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2
Q

4

REQUIRED NUMBER, RESIGNING AND REMOVAL OF CORPORATE DIRECTORS

A
  1. MUST BE AT LEAST ONE
  2. MAY RESIGN W/NOTICE
  3. MAY BE REMOVED BY SHAREHOLDER VOTE
  4. MODERNLY, REMOVAL CAN HAPPEN W OR W/OUT CAUSE
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3
Q

6

TYPES OF FUNDAMENTAL STRUCTURE CHANGES TO CORPORATION REQUIRING SHAREHOLDER APPROVAL

A
  1. AMENDMENT TO AOI
  2. MERGER
  3. CONSOLIDATION
  4. CONVERSION
  5. DISPOSITION (SALE OF ALL OR NEARLY ALL OF CORP ASSETS)
  6. DISSOLUTION
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4
Q

3

RIGHTS OF GENERAL PARTNERS IN LP’S

A
  1. DISTRIBUTIONS BASED ON CONTRIBUTIONS
  2. CONSENT TO WAIVE OTHER PARTNER’S CONTRIBUTIONS
  3. RIGHT TO MANAGE
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5
Q

3

LLC - LIMITED LIABILITY COMPANY

A
  1. A BUSINESS ENTITY
  2. WITH THE LIMITED LIABILITY OF A CORPORATION
  3. AND THE TAX ADVANTAGES OF A PARTNERSHIP
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6
Q

5

UNDER THE PARAMOUNT CORPORATIONS RULE, A DIRECTOR MAY RESIST

A
  1. TENDER OFFERS
  2. PROXY FIGHTS
  3. AND OTHER TAKEOVER THREATS
  4. WHERE THEY THREATEN CORPORATE STRATEGY
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7
Q

3

COMMINGLED FUNDS, TRANSMUTATION

AND TRACING

A
  1. WHERE SPOUSE ADVOCATING SEPERATE PROPERTY
  2. CAN TRACE SP PORTION OF FUNDS IN CP BANK ACCOUNT
  3. NO TRANSMUTING OF SP FUNDS TO CP
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8
Q

3

TRANSMUTATION OF A COMMUNITY ASSETS PRE 1985 COULD OCCUR BY THESE METHODS OF COMMUNICATING INTENT

A
  1. ORAL
  2. WRITTEN
  3. INFERRED BY SPOUSE’S CONDUCT
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9
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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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10
Q

3

DEBT - STEPS FOR SHIELDING NON-DEBTOR SPOUSE’S EARNINGS

A
  1. EARNINGS DEPOSITED INTO DEPOSIT ACCOUNT
  2. FROM WHICH DEBTOR SPOUSE CANNOT WITHDRAW FUNDS
  3. AND COMMUNITY (OR DEBTOR SPOUSE’S) FUNDS ARE NEVER COMMINGLED
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11
Q

4

REIMBURSEMENT RIGHTS FOR SPOUSE A’S CONTRIBUTIONS OF SEPARATE PROPERTY TO SPOUSE B’S SEPARATE PROPERTY

A
  1. WHERE TRACEABLE
  2. WITHOUT INTEREST
  3. UNLESS WRITTEN WAIVER OF REIMBURSEMENT
  4. OR WRITTEN TRANSMUTATION
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12
Q

3

“OF SOUND MIND” - TESTATOR NOT COMPETENT WHERE

A
  1. SUFFERS FROM MENTAL DISORDER
  2. CAUSING HALLUCINATIONS OR DELUSIONS
  3. MOTIVATING DEVISES THAT TESTATOR WOULD NOT HAVE MADE WITHOUT THE HALLUCINATIONS OR DELUSIONS
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13
Q

2

WHEN TO USE EQUITABLE LIEN

A
  1. WHEN VALUE OF WRONGFULLY TAKEN PROPERTY GOES DOWN
  2. WHEN FUNDS ARE COMMINGLED
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14
Q

3

CONSEQUENTIAL DAMAGES

A
  1. LOSSES RESULTING FROM THE BREACH
  2. THAT ANY REASONABLE PERSON COULD HAVE FORESEEN
  3. AT THE TIME OF ENTRY INTO THE CONTRACT
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15
Q

2

SPECIFIC PERFORMANCE

A
  1. A PERMANENT INJUNCTION
  2. WHEREIN COURT ORDERS PERFORMANCE OF A CONTRACT PROMISE
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16
Q

3

RULE AGAINST PERPETUTIES APPLIES TO (IN PROPERTY LAW)

A
  1. CONTINGENT REMAINDERS
  2. EXECUTORY INTERESTS
  3. OPTIONS IN GROSS
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17
Q

1

MODERN TREATMENT OF CONTINGENT REMAINDERS IF REMAINDER IS STILL CONTINGENT UPON TERMINATION OF PRECEDING ESTATE

A
  1. REMAINDER IS CONVERTED TO A SPRINGING EXECUTORY INTEREST
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18
Q

4

PERIODIC TENANCY IS CREATED BY IMPLICATION WHERE LEASE

A
  1. IS HELD OVER (HOLDOVER TENANCY)
  2. HAS NO STATED END DATE
  3. HAS AN ORAL TERM OF YEARS VIOLATING STATUTE OF FRAUDS
  4. DOES NOT EXIST BUT PAYMENT OF REGULAR RENT
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19
Q

4

CONSTRUCTIVE EVICTION REQUIREMENTS

A
  1. PREMISES VIRTUALLY UNINHABITABLE BECAUSE OF SUBSTANTIAL INTERFERENCE WITH PROPERTY USE AND ENJOYMENT
  2. TENANT MUST NOTIFY LANDLORD
  3. LANDLORD MUST FAIL TO RESPOND
  4. TENANT MUST MOVE OUT W/IN REASONABLE TIME
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20
Q

2

EASEMENTS - MAINTENANCE AND REPAIR DUTIES

A
  1. SERVIENT ESTATE - NO DUTIES TO REPAIR OR MAINTAIN
  2. DOMINANT ESTATE - IMPLIED RIGHT TO MAINTAIN AND REPAIR
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21
Q

1

WATER RIGHTS - COMMON ENEMY APPROACH

A
  1. OWNER MAY CAST REMOVED WATER ON TO NEIGHBOR’S LAND.
22
Q

3

CA CONFLICT OF LAWS RULES - TORTS - WHERE TWO STATES’ LAWS ARE IN CONFLICT, THE COURT WILL EVALUATE

A
  1. THE COMPARITIVE IMPAIRMENT TO EACH STATE’S INTEREST
  2. SHOULD THE OTHER STATE’S LAW BE APPLIED.
23
Q

2

IN CA, CONTRACT CHOICE OF LAW PROVISIONS APPLIED WHERE

A
  1. LAWS ARE REASONABLE
  2. LAWS DON’T CONFLICT WITH CA PUBLIC POLICY
24
Q

3

RELATION BACK DOCTRINE - AMENDMENT TO ADD DEFENDANT ALLOWED WHERE

A
  1. STATUTE ALLOWS
  2. THE NEW PARTY KNEW, OR REASONABLY SHOULD HAVE KNOWN, THAT BUT FOR A MISTAKE, SHE WOULD HAVE BEEN ADDED TO THE COMPLAINT.
  3. NEW PARTY WAS INVOLVED IN SAME TRANSACTION, OCCURENCE OR CONDUCT ALLEGED IN COMPLAINT.
25
Q

3

PROCEDURAL DUE PROCESS - DEPRIVATION OF PROPERTY OCCURS WHERE GOVERNMENT ACTION

A
  1. RECKLESSLY OR INTENTIONALLY CAUSED
  2. LOSS OF ENTITLEMENT
  3. OR REASONABLE EXPECTATION TO CONTINUED PROPERTY BENEFIT
26
Q

1

FREEDOM OF SPEECH - STANDARD OF REVIEW FOR CONTENT BASED SPEECH REGULATIONS

A
  1. STRICT SCRUTINY
27
Q

1

CONGRESS MAY ONLY REGULATE PRIVATE ACTION UNDER

A
  1. THE THIRTEENTH AMENDMENT.
28
Q

1

FOURTH AMENDMENT PROTECTS AGAINST

A
  1. UNREASONABLE SEARCHES AND SEIZURES
29
Q

1

SEARCH WARRANT EXCEPTION - AUTOMOBILE - SUSPECT ARRESTED

A
  1. IF SUSPECT ARRESTED, VEHICLE MAY BE IMPOUNDED AND SEARCHED AT STATION.
30
Q

2

FIFTH AMENDMENT - INDENTIFICATIONS CANNOT BE

A
  1. UNNECESSARILY SUGGESTIVE
  2. OR CONDUCIVE TO MISTAKEN IDENTITY.
31
Q

1

EIGHT AMENDMENT - CRUEL AND UNUSUAL PUNISHMENT DEFINITION

A
  1. PENALTY CANNOT BE GROSSLY DISPROPORTIONATE TO THE CRIME.
32
Q

2

THIRD PARTY WITNESS STATEMENTS ARE TESTIMONIAL IN NATURE WHERE

A
  1. PRIMARY PURPOSE IS TO PROVE PAST EVENTS POTENTIALLY RELEVANT TO CRIMINAL PROSECUTION
  2. MADE WHEN CIRCUMSTANCES INDICATE NO ONGOING EMERGENCY
33
Q

1

EXCLUSIONARY RULE

A
  1. BARS PROSECUTION FROM INTRODUCTING EVIDENCE VIOLATING DEFENDANT’S 4TH, 5TH OR 6TH AMENDMENT RIGHTS.
34
Q

1

FOR FEDERAL QUESTION JURSIDICTION, THE FEDERAL QUESTION AT ISSUE MUST APPEAR ON THIS PART OF PLAINTIFF’S INITIAL FILINGS

A
  1. ON THE FACE OF PLAINTIFF’S WELL-PLEADED COMPLAINT.
35
Q

4

INVOLUNTARY MANSLAUGHTER IS

A
  1. A CRIMINAL, UNINTENDED HOMICIDE
  2. RESULTING FROM CRIMINAL NEGLIGENCE
  3. OR RECKLESSNESS
  4. OR THE COMMISSION OF A MALUM IN SE CRIME INSUFFICIENT TO SUPPORT A CHARGE OF FELONY MURDER.
36
Q

1

PUBLIC RECORDS EXCEPTION BETWEEN FRE AND CEC

A
  1. PROSECUTION MAY USE RECORDS OF CRIMINAL INVESTIGATION
37
Q

2

MBE - COMMON LAW MALICE FOR ARSON

A
  1. DEFENDANT ACTED WITH INTENT OR KNOWLEDGE THAT THE STRUCTURE WOULD BURN
  2. OR RECKLESS DISREGARD OF AN OBVIOUS RISK THAT THE STRUCTURE WOULD BURN
38
Q

2

MBE - REQUIREMENT FOR ADMISSIBLITY OF EVIDENCE GATHERED AT CHECKPOINT FOR CAR STOPS

A
  1. EVERY CAR MUST BE STOPPED AND CHECKED
  2. RANDOM SEARCHES WILL MAKE EVIDENCE INADMISSIBLE
39
Q

4

OTHER ITEMS DEFINED BY UCC AS GOODS

A
  1. STANDING CROPS
  2. TIMBER
  3. UNBORN ANIMALS
  4. MINERALS
40
Q

1

STATUTE OF FRAUDS UNDER UCC

A
  1. CONTRACTS FOR SALES OF GOODS IN EXCESS OF 500 DOLLARS MUST BE MADE IN WRITING TO BE ENFORCEABLE AT LAW.
41
Q

2

EFFECT OF THE IMPLIED COVENANT OF GOOD FAITH IN EVERY CONTRACT

A
  1. ALL PARTIES ARE BOUND TO ACT IN GOOD FAITH TO HELP ACHIEVE ALL PARTIES’ EXPECTED BENEFITS OF THE BARGAIN
  2. AND NOT PREVENT THESE BENEFITS.
42
Q

2

CONDITION CONCURRENT

A
  1. CONDITION MUST BE SATISFIED AT THE SAME TIME A PERFORMANCE DUTY RIPENS
  2. ESSENTIALLY NECESSITATING SIMULTANEOUS PERFORMANCE.
43
Q

3

DELEGATION

A
  1. A TRANSFER OF CONTRACTUAL DUTIES
  2. MADE BY A CLEAR STATEMENT OF DELEGATOR’S INTENT TO TRANSFER CONTRACTUAL DUTIES TO DELEGATEE
  3. AND DELEGATEE AGREES.
44
Q

5

WHAT TYPES OF INTERESTS CREATE A CONFLICT WHERE LAWYER NOT ACCEPT OR CONTINUE REPRESENTATION OF A CLIENT?

A
  1. LEGAL
  2. BUSINESS
  3. FINANCIAL
  4. PROFESSIONAL
  5. PERSONAL
45
Q

1

PROOF REQUIREMENT FOR DEFAMATORY STATEMENT ABOUT A MATTER OF PUBLIC CONCERN/PRIVATE INDIVIDUAL

A
  1. DEFENDANT FAILED TO USE REASONABLE CARE TO ASCERTAIN THE TRUTH OF THE STATEMENT
46
Q

1

COMMON LAW DUTY TO LICENSEES

A
  1. DUTY TO WARN OF KNOWN DANGERS AND ARTIFICIAL CONDITIONS
47
Q

3

LIABILITY FOR FRAUD ARISES WHERE DEFENDANT

A
  1. INTENTIONALLY MAKES FALSE REPRESENTATION OF MATERIAL FACT
  2. WITH SCIENTER
  3. INJURING PLAINTIFF ACTING IN REASONABLE RELIANCE ON REPRESENTATION
48
Q

2

MBE MISSED - DEFAMATION - CHARACTER AT ISSUE IN THESE TWO RESPECTS

A
  1. WHETHER DEFENDANT’S ASSESSMENT IS INCORRECT
  2. WHETHER PLAINTIFF’S REPUTATION HAS BEEN DAMAGED
49
Q

3

REQUIREMENTS TO MAKE ADEMPTION BY SATISFACTION (LIFETIME GIFT SATISFYING BEQUEST)

A
  1. BENEFICIARY ACKNOWLEDGES RECEIPT OF GIFT IN WRITING
  2. OR TESTATOR DECLARES MAKING GIFT IN WRITING
  3. AND WILL PROVIDES FOR DEDUCTION OF GIFT
50
Q

2

OBJECTION - MISLEADING IS USED WHERE A QUESTION

A
  1. MISTATES EVIDENCE
  2. OR MISQUOTES WITNESSES
51
Q

2

THE COURT CAN TAKE JUDICIAL NOTICE OF FACTS NOT SUBJECT TO REASONABLE DISPUTE WHERE

A
  1. CAPABLE OF ACCURATE AND READY DETERIMINATION
  2. BY A SOURCE WHOSE ACCURACY CANNOT BE REASONABLY QUESTIONED.
  3. OR FACTS ARE GENERALLY KNOWN WITHIN THE JURSIDICTION
52
Q

2

FRE - ON CROSS-EXAMINATION, TO REBUT CHARACTER EVIDENCE, THE PROSECUTION MAY _______ ABOUT SPECIFIC BAD ACTS, BUT NEVER OFFER ________ EVIDENCE ABOUT THE SAME.

A
  1. ASK QUESTIONS
  2. EXTRINSIC

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

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