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CA Bar Outlined and Numbered (with prompts) > deck V (1034-1084) > Flashcards

deck V (1034-1084) Flashcards

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MBE flashcards
1
Q
A
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2
Q

3

AGENCY RELATIONSHIP DEFINITION

A
  1. A BUSINESS RELATIONSHIP
  2. WHERE ONE PARTY, AN AGENT, AGREES TO ACT FOR
  3. AND IS AUTHORIZED TO ACT BY ANOTHER PARTY, THE PRINCIPAL.
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3
Q

2

FROLIC V. DETOUR

A
  1. FROLIC INVOLVES AGENT DEVIATING FROM INTENDED CONDUCT SO SUBSTANTIALLY THAT SHE IS ACTING FOR HER OWN PURPOSES. AGENT IS LIABLE FOR HER ACTS.
  2. DETOUR IS A SMALL DEVIATION FROM INTENDED CONDUCT. PRINCIPAL IS LIABLE FOR AGENT’S ACTS.
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4
Q

3

INDICATORS OF INTENT TO OPERATE

AS CO-OWNERS OF BUSINESS FOR PROFIT

A
  1. COMMON OWNERSHIP OF ASSETS
  2. DESIGNATING RELATIONSHIP AS PARTNERSHIP
  3. EXTENSIVE JOINT EFFORTS
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5
Q

4

REVLON RULE

A
  1. DIRECTORS CONFRONTED WITH TAKEOVER THREATS
  2. HAVE A DUTY TO MAXIMIZE SHAREHOLDER RETURN
  3. ONCE IT BECOMES OBVIOUS
  4. CORPORATE TAKEOVER IS INEVITABLE
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6
Q

4

SPECIAL CLASSIFICATIONS - EDUCATION - REIMBURSEMENT REDUCED WHERE

A
  1. COMMUNITY ALREADY BENEFITTED FROM EDUCATIONS
  2. BENEFIT PRESUMED AFTER 10 YEARS
  3. COMMUNITY ALSO CONTRIBUTED TOWARD EDUCATION OF OTHER SPOUSE
  4. NEED FOR SPOUSAL SUPPORT OF EDUCATED SPOUSE REDUCED
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7
Q

2

CAN TRACING OVERCOME JOINT TITLE?

A
  1. TRACING CAN’T OVERCOME CP PRESUMPTION FOR TITLE TAKEN JOINTLY
  2. TRACING CAN OVERCOME CP PRESUMPTION ON A BANK ACCOUNT BECAUSE PROBATE CODE HONORS TRACING
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8
Q

5

VALID WILL - WITNESS REQUIREMENTS

A
  1. TWO PEOPLE
  2. KNOW DOCUMENT IS A WILL
  3. BOTH PRESENT AT SIGNING OR ACKNOWLEDGEMENT
  4. UNNECESSARY TO SIGN AT SAME TIME
  5. UNNECESSARY TO SIGN IN EACH OTHER’S PRESENCE
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9
Q

4

EXCEPTIONS TO PRECATORY EXPRESSIONS NOT CREATING A TRUST

A

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

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10
Q

8

TRUSTEE DEFINITION (SIAM)

A
  1. HOLDS LEGAL TITLE TO SPECIFIC PROPERTY
  2. UNDER A FIDUCIARY DUTY TO
  3. SAFEGUARD
  4. ADMINISTER
  5. INVEST
  6. MANAGE
  7. TRUST ASSETS AND INCOME
  8. FOR THE BENEFIT OF DESIGNATED BENEFICIARIES
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11
Q

3

WILLS - CLASS GIFTS OCCUR WHEN TESTATOR BEQUEATHS PROPERTY TO

A
  1. A GROUP OF PEOPLE NOT INDIVIDUALLY NAMED
  2. BUT IDENTITY OF GROUP EASILY ASCERTAINABLE
  3. SATISFYING IDENTIFICATION OF BENEFICIARY REQUIREMENT
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12
Q

1

REPLEVIN

A
  1. RECOVERY, BEFORE TRIAL, OF A SPECIFIC CHATTEL WRONGLY TAKEN
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13
Q

3

PART PERFORMANCE EXCEPTIONS TO

SOF LAND CONTRACT REQUIREMENTS - BUYER

A
  1. MAKES FULL OR PARTIAL PAYMENT
  2. GAINS POSSESSION OF LAND
  3. AND/OR SUBSTANTIAL IMPROVEMENTS TO PROPERTY
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14
Q

1

ASSIGNMENT OF LEASE DEFINITION

A
  1. ASSIGNMENT OF LEASE IS A TRANSFER OF THE ENTIRE INTEREST REMAINING ON THE LEASE TERM.
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15
Q

2

LIABILITY OF OLD TENANT FOR ASSIGNED LEASE

A
  1. OLD TENANT IS STILL LIABLE TO LANDLORD FOR PAYMENT OF RENT BECAUSE OF PRIVITY OF CONTRACT.
  2. UNLESS LANDLORD SIGNS A NOVATION.
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16
Q

2

EASEMENT BY NECESSITY - SERVIENT PARCEL’S RIGHTS FOR EASEMENT LOCATION

A
  1. SERVIENT ESTATE HOLDER HAS RIGHT TO LOCATE EASEMENT FOR THE REASONABLE CONVENIENCE OF PARTIES.
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17
Q

1

IMPLIED EQUITABLE SERVITUDE - NOTICE REQUIREMENTS

A
  1. GRANTEE MUST HAVE NOTICE “GENERALLY”
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18
Q

2

LICENSE

A
  1. RIGHT TO USE LICENSOR’S LAND FOR A SPECIFIC PURPOSE
  2. LICENSOR MAY REVOKE AT WILL
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19
Q

2

ORAL EASEMENTS CREATE

A
  1. A LICENSE
  2. RISK OF CREATING AN EASEMENT BY ESTOPPEL WHEN LICENSEE RELIES ON REPRESENTATION.
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20
Q

1

STRICT LIABILITY FOR EXCAVATION

A
  1. STRICT LIABILITY ARISES WHERE PLAINTIFF CAN SHOW HER LAND WOULD HAVE COLLAPSED IN ITS NATURAL STATE DUE TO THE EXCAVATION.
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21
Q

3

CITIZENSHIP FOR CORPORATIONS

A
  1. CORPORATIONS CAN BE CITIZENS OF TWO STATES
  2. THEY ARE CITIZENS IN THE STATE WHERE INCORPORATED
  3. THEY ARE CITIZENS IN THE STATE WHERE THEIR PRINCIPAL PLACE OF BUSINESS IS LOCATED.
22
Q

1

CORPORATION PRINCIPAL PLACE OF BUSINESS - NERVE CENTER TEST

A
  1. THE LOCATION WHERE CORPORATE OFFICERS CONTROL AND COORDINATE THE CORPORATION’S ACTIVITIES
23
Q

3

CALIFORNIA TRANSFER OF VENUE STANDARD

A
  1. TRANSFER OCCURS AT JUDGE’S DISCRETION
  2. WHERE INTERESTS OF JUSTICE AND
  3. CONVENIENCE OF PARTIES ARE SERVED BY TRANSFER.
24
Q

3

ADDITUR ELEMENTS

A
  1. JUDGE FINDS DAMAGE AWARD INSUFFICIENT
  2. ORDERS NEW TRIAL FOR PLAINTIFF UNLESS DEFENDANT AGREES TO ADD TO DAMAGES OWED TO PLAINTIFF
  3. ONLY IN CA
25
Q

2

CA TIME LIMITS TO FILE NOTICE OF APPEAL

A
  1. 60 DAYS AFTER NOTICE OF ENTRY OF JDUGMENT OR
  2. 180 DAYS AFTER ENTRY OF JUDGMENT
26
Q

2

CONGRESSIONAL POWERS - NATURALIZATION AND BANKRUPTCY

A
  1. CONGRESS MAKES LAWS AFFECTING BANKRUPTCY
  2. CONGRESS MAKES LAWS AFFECTING NATURALIZATION OF CITIZENS
27
Q

3

LEMON TEST (SEX) - A LAW MUST HAVE

A
  1. A SECULAR PURPOSE
  2. A PRIMARY EFFECT THAT DOESN’T PROMOTE OR INHIBIT RELIGION
  3. NO EXCESSIVE ENTANGLEMENT OF GOVT WITH RELIGION
28
Q

2

ROUTINE STOP - STOP AND FRISK OK WHERE

A
  1. REASONABLE SUSPICION OF CRIMINAL ACTIVITY OR INVOLVEMENT
  2. SUPPORTED BY ARTICULABLE FACTS
29
Q

1

ROUTINE STOP - PATDOWNS MAY NOT INCLUDE

A
  1. SEARCH FOR CONTRABAND OR EVIDENCE
30
Q

4

MIRANDA - INVOCATION OF COUNSEL AND INTERROGATION - ONCE SUSPECT INVOKES RIGHT TO COUNSEL, POLICE MUST

A
  1. MUST CEASE ALL INTERROGATION
  2. UNTIL SUSPECT CONSULTS COUNSEL
  3. AND CANNOT RESUME INTERROGATION
  4. UNTIL COUNSEL IS PRESENT.
31
Q

5

TERRY STOP OCCURS WHEN

A
  1. STOP AND FRISK WITH
  2. REASONABLE SUSPICION
  3. THAT SUSPECT IS ENGAGED IN
  4. OR ABOUT TO COMMIT CRIMINAL ACTIVITY
  5. AND IS ARMED AND DANGEROUS
32
Q

2

PREDISPOSED DEFENDANT’S ABLITY TO RAISE DEFENSE OF ENTRAPMENT - JURISDICTIONAL SPLIT

A
  1. IN SOME JURISDICTIONS, A DEFENDANT PREDISPOSED TO COMMIT THE CRIME CHARGED CANNOT CLAIM THE DEFENSE OF ENTRAPMENT
  2. OTHER JURISDICTIONS ALLLOW A PREDISPOSED DEFENDANT TO USE DEFENSE OF ENTRAPMENT WHERE POLICE CONDUCT WAS OUTRAGEOUS AND INSTIGATED THE CRIME.
33
Q

3

FORGERY IS THE CRIME OF

A
  1. FALSIFYING DOCUMENTS
  2. WITH THE SPECIFIC INTENT TO DEFRAUD
  3. THOSE WHO REASONABLY RELY ON THE VERACITY OF THE SAME.
34
Q

2

STATE OF MIND EXCEPTION TO HEARSAY RULE

A
  1. STATE OF DECLARAN’TS THEN EXISTING STATE OF MIND
  2. DESCRIBES EMOTION, SENSATION OR PHYSICAL CONDITION
35
Q

3

WHO OR WHAT DOES HEARSAY COMES FROM?

A
  1. SOMEONE OR SOMETHING OUT OF COURT
  2. OTHER THAN THE WITNESS TESTIFYING
  3. MAKING A STATEMENT OR DECLARATION
36
Q

2

ADMISSIBILITY OF RECORD USED IN RECORDED RECOLLECTION EXCEPTION

A
  1. READ INTO THE RECORD
  2. ADMITTED AS EXHIBIT IF OFFERED BY ADVERSE PARTY.
37
Q

3

MARKET DIRECTORY HEARSAY EXCEPTION

A
  1. MARKET QUOTATIONS, DIRECTORIES AND OTHER PUBLIC COMPILIATIONS
  2. RELIED UPON BY THE PUBLIC OR PARTICULAR OCCUPATIONS
  3. ARE ADMISSIBLE WHERE PROPONENT SHOWS RELIABILITY.
38
Q

4

MBE - LEARNED TREATISES MAY BE READ INTO EVIDENCE WHERE

A
  1. EXPERT WITNESS RELIES ON IT ON DIRECT EXAMINATION
  2. OR ITS CALLED TO EXPERT’S ATTENTION ON X-EXAMINATION
  3. OR ITS ESTABLISHED AS RELIABLE BY WITNESS’ OR OTHER EXPERT WITNESS’ TESTIMONY, ADMISSION
  4. OR JUDICIAL NOTICE
39
Q

3

REVOCATION OF UNILATERAL OFFER

A
  1. AT COMMON LAW, A UNILATERAL OFFER COULD BE REVOED AT ANY TIME WHEN MADE IN THE SAME MANNER THE OFFER WAS GIVEN
  2. MODERNLY, SAVING DOCTRINES PREVENT REVOCATION AFTER OFFEREE HAS SUBSTANTIALLY COMMENCED PERFORMANCE
  3. ALLOWING A REASONABLE TIME FOR OFFEREE TO COMPLETE PERFORMANCE
40
Q

1

PAROL EVIDENCE RULE

A
  1. EVIDENCE OF PRIOR AGREMEENT MAY NOT BE INTRODUCED TO VARY OR CONTRADICT THE TERMS OF A FULLY INTEGRATED CONTRACT.
41
Q

1

REMEDY OF A NONBREACHING LOST VOLUME SELLER UNDER THE UCC

A
  1. THE LOST VOLUME SELLER MAY DEMAND THE EXPECTED SALES AND PROFIT UNDER THE CONTRACT.
42
Q

1

IMPLIED MATERIAL CONDITION

A
  1. MATERIAL CONDITION IMPLIED BY THE NATURE OF THE AGREEMENT.
43
Q

3

RECISSION

A
  1. PUTS THE PARTIES BACK IN THE POSITION THEY WERE IN BEFORE THE CONTRACT WAS MADE.
  2. LEGAL RECISSION OCCURS WHEN BOTH PARTIES AGREE TO VOID CONTRACT
  3. EQUITABLE RECISSION OCCURS WHEN THE COURT DECREES THE CONTRACT CANCELLED
44
Q

1

WAIVER OF COMPETENCY

A
  1. COMPETENCY CANNOT BE WAIVED BY ANY CLIENT UNDER ANY CIRCUMSTANCES
45
Q

1

ATTORNEY’S DUTY TO COMMUNICATE SETTLEMENT OFFERS

A
  1. L MUST CONVEY ALL OFFERS TO ALL CLIENTS
46
Q

2

DEFENDANT LOSES QUALIFIED PRIVILEGE FOR DEFAMATION DEFENSE WHERE

A
  1. HE ACTS WITH MALICE
  2. OR OUTSIDE THE SCOPE OF PRIVILEGE
47
Q

2

MBE MISSED - UCC 2-210, FOR REQUIREMENTS/OUTPUT CONTRACTS - NO ASSIGNMENT CLAUSES IN CONTRACTS PREVENT ONLY

A
  1. DELEGATIONS OF DUTIES
  2. NOT ASSIGNMENTS OF RIGHTS
48
Q

1

MBE MISSED - WHERE A LAW IMPACTS A FIRST AMENDMENT RIGHT, THE BURDEN OF PROOF IS ON

A
  1. THE GOVERNMENT
49
Q

2

CHARACTER EVIDENCE - FRE ALLOWS CHARACTER EVIDENCE IN CIVIL CASES OF

A
  1. SEXUAL ASSAULT
  2. CHILD MOLESTATION
50
Q

3

ELEMENTS OF FRAUD FOR 10b-5 - OMMISSION

A
  1. OMMITTING MATERIAL FACT
  2. PROPMPTING TRADE OF SECURITY
  3. THROUGH INTERSTATE COMMERCE
51
Q

2

OBJECTION - BROAD, GENERAL, INDEFINITE IS USED WHERE QUESTION PERMITS THE WITNESS TO ANSWER WITH A TESTIMONY THAT IS

A
  1. IRRELEVANT
  2. INADMISSIBLE
52
Q

1

TRANSFERABLITY OF FEE SUBJECT TO CONDITION SUBSEQUENT

A
  1. ALIENABLE, DESCENDABLE AND DEVISABLE, SUBJECT TO CONDITION

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

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