deck V (1034-1084) Flashcards
3
AGENCY RELATIONSHIP DEFINITION
- A BUSINESS RELATIONSHIP
- WHERE ONE PARTY, AN AGENT, AGREES TO ACT FOR
- AND IS AUTHORIZED TO ACT BY ANOTHER PARTY, THE PRINCIPAL.
2
FROLIC V. DETOUR
- FROLIC INVOLVES AGENT DEVIATING FROM INTENDED CONDUCT SO SUBSTANTIALLY THAT SHE IS ACTING FOR HER OWN PURPOSES. AGENT IS LIABLE FOR HER ACTS.
- DETOUR IS A SMALL DEVIATION FROM INTENDED CONDUCT. PRINCIPAL IS LIABLE FOR AGENT’S ACTS.
3
INDICATORS OF INTENT TO OPERATE
AS CO-OWNERS OF BUSINESS FOR PROFIT
- COMMON OWNERSHIP OF ASSETS
- DESIGNATING RELATIONSHIP AS PARTNERSHIP
- EXTENSIVE JOINT EFFORTS
4
REVLON RULE
- DIRECTORS CONFRONTED WITH TAKEOVER THREATS
- HAVE A DUTY TO MAXIMIZE SHAREHOLDER RETURN
- ONCE IT BECOMES OBVIOUS
- CORPORATE TAKEOVER IS INEVITABLE
4
SPECIAL CLASSIFICATIONS - EDUCATION - REIMBURSEMENT REDUCED WHERE
- COMMUNITY ALREADY BENEFITTED FROM EDUCATIONS
- BENEFIT PRESUMED AFTER 10 YEARS
- COMMUNITY ALSO CONTRIBUTED TOWARD EDUCATION OF OTHER SPOUSE
- NEED FOR SPOUSAL SUPPORT OF EDUCATED SPOUSE REDUCED
2
CAN TRACING OVERCOME JOINT TITLE?
- TRACING CAN’T OVERCOME CP PRESUMPTION FOR TITLE TAKEN JOINTLY
- TRACING CAN OVERCOME CP PRESUMPTION ON A BANK ACCOUNT BECAUSE PROBATE CODE HONORS TRACING
5
VALID WILL - WITNESS REQUIREMENTS
- TWO PEOPLE
- KNOW DOCUMENT IS A WILL
- BOTH PRESENT AT SIGNING OR ACKNOWLEDGEMENT
- UNNECESSARY TO SIGN AT SAME TIME
- UNNECESSARY TO SIGN IN EACH OTHER’S PRESENCE
4
EXCEPTIONS TO PRECATORY EXPRESSIONS NOT CREATING A TRUST
1) WHERE THEY GIVE PRECISE AND DEFINITE EXPRESSIONS
2) WHERE THEY ARE ADDRESSED TO A FIDUCIARY
3) AN UNNATURAL DISPOSITION OF PROPERTY WOULD OTHERWISE RESULT
4) EXTRINSIC EVIDENCE THAT SETTLOR PREVIOUSLY SUPPORTED THE INTENDED BENEFICIARY
8
TRUSTEE DEFINITION (SIAM)
- HOLDS LEGAL TITLE TO SPECIFIC PROPERTY
- UNDER A FIDUCIARY DUTY TO
- SAFEGUARD
- ADMINISTER
- INVEST
- MANAGE
- TRUST ASSETS AND INCOME
- FOR THE BENEFIT OF DESIGNATED BENEFICIARIES
3
WILLS - CLASS GIFTS OCCUR WHEN TESTATOR BEQUEATHS PROPERTY TO
- A GROUP OF PEOPLE NOT INDIVIDUALLY NAMED
- BUT IDENTITY OF GROUP EASILY ASCERTAINABLE
- SATISFYING IDENTIFICATION OF BENEFICIARY REQUIREMENT
1
REPLEVIN
- RECOVERY, BEFORE TRIAL, OF A SPECIFIC CHATTEL WRONGLY TAKEN
3
PART PERFORMANCE EXCEPTIONS TO
SOF LAND CONTRACT REQUIREMENTS - BUYER
- MAKES FULL OR PARTIAL PAYMENT
- GAINS POSSESSION OF LAND
- AND/OR SUBSTANTIAL IMPROVEMENTS TO PROPERTY
1
ASSIGNMENT OF LEASE DEFINITION
- ASSIGNMENT OF LEASE IS A TRANSFER OF THE ENTIRE INTEREST REMAINING ON THE LEASE TERM.
2
LIABILITY OF OLD TENANT FOR ASSIGNED LEASE
- OLD TENANT IS STILL LIABLE TO LANDLORD FOR PAYMENT OF RENT BECAUSE OF PRIVITY OF CONTRACT.
- UNLESS LANDLORD SIGNS A NOVATION.
2
EASEMENT BY NECESSITY - SERVIENT PARCEL’S RIGHTS FOR EASEMENT LOCATION
- SERVIENT ESTATE HOLDER HAS RIGHT TO LOCATE EASEMENT FOR THE REASONABLE CONVENIENCE OF PARTIES.
1
IMPLIED EQUITABLE SERVITUDE - NOTICE REQUIREMENTS
- GRANTEE MUST HAVE NOTICE “GENERALLY”
2
LICENSE
- RIGHT TO USE LICENSOR’S LAND FOR A SPECIFIC PURPOSE
- LICENSOR MAY REVOKE AT WILL
2
ORAL EASEMENTS CREATE
- A LICENSE
- RISK OF CREATING AN EASEMENT BY ESTOPPEL WHEN LICENSEE RELIES ON REPRESENTATION.
1
STRICT LIABILITY FOR EXCAVATION
- STRICT LIABILITY ARISES WHERE PLAINTIFF CAN SHOW HER LAND WOULD HAVE COLLAPSED IN ITS NATURAL STATE DUE TO THE EXCAVATION.
3
CITIZENSHIP FOR CORPORATIONS
- CORPORATIONS CAN BE CITIZENS OF TWO STATES
- THEY ARE CITIZENS IN THE STATE WHERE INCORPORATED
- THEY ARE CITIZENS IN THE STATE WHERE THEIR PRINCIPAL PLACE OF BUSINESS IS LOCATED.
1
CORPORATION PRINCIPAL PLACE OF BUSINESS - NERVE CENTER TEST
- THE LOCATION WHERE CORPORATE OFFICERS CONTROL AND COORDINATE THE CORPORATION’S ACTIVITIES
3
CALIFORNIA TRANSFER OF VENUE STANDARD
- TRANSFER OCCURS AT JUDGE’S DISCRETION
- WHERE INTERESTS OF JUSTICE AND
- CONVENIENCE OF PARTIES ARE SERVED BY TRANSFER.
3
ADDITUR ELEMENTS
- JUDGE FINDS DAMAGE AWARD INSUFFICIENT
- ORDERS NEW TRIAL FOR PLAINTIFF UNLESS DEFENDANT AGREES TO ADD TO DAMAGES OWED TO PLAINTIFF
- ONLY IN CA
2
CA TIME LIMITS TO FILE NOTICE OF APPEAL
- 60 DAYS AFTER NOTICE OF ENTRY OF JDUGMENT OR
- 180 DAYS AFTER ENTRY OF JUDGMENT
2
CONGRESSIONAL POWERS - NATURALIZATION AND BANKRUPTCY
- CONGRESS MAKES LAWS AFFECTING BANKRUPTCY
- CONGRESS MAKES LAWS AFFECTING NATURALIZATION OF CITIZENS
3
LEMON TEST (SEX) - A LAW MUST HAVE
- A SECULAR PURPOSE
- A PRIMARY EFFECT THAT DOESN’T PROMOTE OR INHIBIT RELIGION
- NO EXCESSIVE ENTANGLEMENT OF GOVT WITH RELIGION
2
ROUTINE STOP - STOP AND FRISK OK WHERE
- REASONABLE SUSPICION OF CRIMINAL ACTIVITY OR INVOLVEMENT
- SUPPORTED BY ARTICULABLE FACTS
1
ROUTINE STOP - PATDOWNS MAY NOT INCLUDE
- SEARCH FOR CONTRABAND OR EVIDENCE
4
MIRANDA - INVOCATION OF COUNSEL AND INTERROGATION - ONCE SUSPECT INVOKES RIGHT TO COUNSEL, POLICE MUST
- MUST CEASE ALL INTERROGATION
- UNTIL SUSPECT CONSULTS COUNSEL
- AND CANNOT RESUME INTERROGATION
- UNTIL COUNSEL IS PRESENT.
5
TERRY STOP OCCURS WHEN
- STOP AND FRISK WITH
- REASONABLE SUSPICION
- THAT SUSPECT IS ENGAGED IN
- OR ABOUT TO COMMIT CRIMINAL ACTIVITY
- AND IS ARMED AND DANGEROUS
2
PREDISPOSED DEFENDANT’S ABLITY TO RAISE DEFENSE OF ENTRAPMENT - JURISDICTIONAL SPLIT
- IN SOME JURISDICTIONS, A DEFENDANT PREDISPOSED TO COMMIT THE CRIME CHARGED CANNOT CLAIM THE DEFENSE OF ENTRAPMENT
- OTHER JURISDICTIONS ALLLOW A PREDISPOSED DEFENDANT TO USE DEFENSE OF ENTRAPMENT WHERE POLICE CONDUCT WAS OUTRAGEOUS AND INSTIGATED THE CRIME.
3
FORGERY IS THE CRIME OF
- FALSIFYING DOCUMENTS
- WITH THE SPECIFIC INTENT TO DEFRAUD
- THOSE WHO REASONABLY RELY ON THE VERACITY OF THE SAME.
2
STATE OF MIND EXCEPTION TO HEARSAY RULE
- STATE OF DECLARAN’TS THEN EXISTING STATE OF MIND
- DESCRIBES EMOTION, SENSATION OR PHYSICAL CONDITION
3
WHO OR WHAT DOES HEARSAY COMES FROM?
- SOMEONE OR SOMETHING OUT OF COURT
- OTHER THAN THE WITNESS TESTIFYING
- MAKING A STATEMENT OR DECLARATION
2
ADMISSIBILITY OF RECORD USED IN RECORDED RECOLLECTION EXCEPTION
- READ INTO THE RECORD
- ADMITTED AS EXHIBIT IF OFFERED BY ADVERSE PARTY.
3
MARKET DIRECTORY HEARSAY EXCEPTION
- MARKET QUOTATIONS, DIRECTORIES AND OTHER PUBLIC COMPILIATIONS
- RELIED UPON BY THE PUBLIC OR PARTICULAR OCCUPATIONS
- ARE ADMISSIBLE WHERE PROPONENT SHOWS RELIABILITY.
4
MBE - LEARNED TREATISES MAY BE READ INTO EVIDENCE WHERE
- EXPERT WITNESS RELIES ON IT ON DIRECT EXAMINATION
- OR ITS CALLED TO EXPERT’S ATTENTION ON X-EXAMINATION
- OR ITS ESTABLISHED AS RELIABLE BY WITNESS’ OR OTHER EXPERT WITNESS’ TESTIMONY, ADMISSION
- OR JUDICIAL NOTICE
3
REVOCATION OF UNILATERAL OFFER
- AT COMMON LAW, A UNILATERAL OFFER COULD BE REVOED AT ANY TIME WHEN MADE IN THE SAME MANNER THE OFFER WAS GIVEN
- MODERNLY, SAVING DOCTRINES PREVENT REVOCATION AFTER OFFEREE HAS SUBSTANTIALLY COMMENCED PERFORMANCE
- ALLOWING A REASONABLE TIME FOR OFFEREE TO COMPLETE PERFORMANCE
1
PAROL EVIDENCE RULE
- EVIDENCE OF PRIOR AGREMEENT MAY NOT BE INTRODUCED TO VARY OR CONTRADICT THE TERMS OF A FULLY INTEGRATED CONTRACT.
1
REMEDY OF A NONBREACHING LOST VOLUME SELLER UNDER THE UCC
- THE LOST VOLUME SELLER MAY DEMAND THE EXPECTED SALES AND PROFIT UNDER THE CONTRACT.
1
IMPLIED MATERIAL CONDITION
- MATERIAL CONDITION IMPLIED BY THE NATURE OF THE AGREEMENT.
3
RECISSION
- PUTS THE PARTIES BACK IN THE POSITION THEY WERE IN BEFORE THE CONTRACT WAS MADE.
- LEGAL RECISSION OCCURS WHEN BOTH PARTIES AGREE TO VOID CONTRACT
- EQUITABLE RECISSION OCCURS WHEN THE COURT DECREES THE CONTRACT CANCELLED
1
WAIVER OF COMPETENCY
- COMPETENCY CANNOT BE WAIVED BY ANY CLIENT UNDER ANY CIRCUMSTANCES
1
ATTORNEY’S DUTY TO COMMUNICATE SETTLEMENT OFFERS
- L MUST CONVEY ALL OFFERS TO ALL CLIENTS
2
DEFENDANT LOSES QUALIFIED PRIVILEGE FOR DEFAMATION DEFENSE WHERE
- HE ACTS WITH MALICE
- OR OUTSIDE THE SCOPE OF PRIVILEGE
2
MBE MISSED - UCC 2-210, FOR REQUIREMENTS/OUTPUT CONTRACTS - NO ASSIGNMENT CLAUSES IN CONTRACTS PREVENT ONLY
- DELEGATIONS OF DUTIES
- NOT ASSIGNMENTS OF RIGHTS
1
MBE MISSED - WHERE A LAW IMPACTS A FIRST AMENDMENT RIGHT, THE BURDEN OF PROOF IS ON
- THE GOVERNMENT
2
CHARACTER EVIDENCE - FRE ALLOWS CHARACTER EVIDENCE IN CIVIL CASES OF
- SEXUAL ASSAULT
- CHILD MOLESTATION
3
ELEMENTS OF FRAUD FOR 10b-5 - OMMISSION
- OMMITTING MATERIAL FACT
- PROPMPTING TRADE OF SECURITY
- THROUGH INTERSTATE COMMERCE
2
OBJECTION - BROAD, GENERAL, INDEFINITE IS USED WHERE QUESTION PERMITS THE WITNESS TO ANSWER WITH A TESTIMONY THAT IS
- IRRELEVANT
- INADMISSIBLE
1
TRANSFERABLITY OF FEE SUBJECT TO CONDITION SUBSEQUENT
- ALIENABLE, DESCENDABLE AND DEVISABLE, SUBJECT TO CONDITION
