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CA Bar Outlined and Numbered (with prompts) > deck W (1085-1135) > Flashcards

deck W (1085-1135) Flashcards

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1
Q
A
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2
Q

3

RIGHTS OF OFFICERS AND DIRECTORS

A
  1. FAIR COMPENSATION DETERMINED BY BOARD
  2. INDEMNIFICATION FROM EXPENSES INCURRED ON BEHALF OF CORP
  3. INSPECTION OF RECORDS OR FACILITIES (REASONABLE NOTICE)
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3
Q

1

QUORUM OF SHAREHOLDERS

A
  1. MAJORITY PERCENTAGE OF OUTSTANDING SHARES REPRESENTED
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4
Q

2

ALTERNATIVE METHOD (INSTEAD OF VOTING) OF SHAREHOLDER APPROVAL FOR FUNDAMENTAL CORPORATE OR BOARD CHANGES - CONSENT MAY BE

A
  1. WRITTEN AND
  2. UNANIMOUS
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5
Q

4

ELEMENTS OF A SECTION 10(b)-5 VIOLATION CHARGING INSIDER TRADING

A
  1. INSIDER WITH POSSESSION OF CORPORATE MATERIAL NONPUBLIC INFORMATION
  2. BREACHES DUTY OF TRUST TO SOURCE OF MNI
  3. WHEN HE TRADES A CORPORATE SECURITY
  4. BASED ON MNI
  5. VIA INTERSTATE COMMERCE
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6
Q

4

INSIDER FOR 10b-5

A
  1. DIRECTOR
  2. OFFICER
  3. SHAREHOLDER
  4. HOLDER OF MATERIAL NONPUBLIC CORPORATE INFORMATION
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7
Q

4

STEPS FOR PRINCIPAL RATIFYING

AGENT’S UNAUTHORIZED ACTS - PRINCIPAL

A
  1. HAS CAPACITY
  2. HAS KNOWLEDGE OF ACTS
  3. ENGAGES IN CONDUCT APPROVING ACTS
  4. OR ACCEPTS THE TRANSACTION
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8
Q

3

PARTNERSHIP - CONTRACTUAL RELATIONSHIPS WITH THIRD PARTIES AND AGENCY THEORY

A
  1. PARTNER’S ABILITY TO BIND THE PARTNERSHP IS BASED ON AGENCY THEORY
  2. EACH PARTNER IS AN AGENT OF THE PARTNERSHIP
  3. FOR PURPOSES OF CONDUCTING PARTNERSHIP BUSINESS
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9
Q

4

WHO IS A CORPORATE INSIDER?

A
  1. DIRECTOR
  2. OFFICER
  3. SHAREHOLDER
  4. ANY OTHER HOLDER OF MATERIAL, NONPUBLIC COPRORATE INFORMATION
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10
Q

2

PUTATIVE SPOUSE’S PROPERTY IS TREATED AS

A
  1. QUASI-MARITAL PROPERTY
  2. QMP IS TREATED LIKE COMMUNITY PROPERTY
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11
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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12
Q

4

SPECIAL CLASSIFICATIONS - PENSION PLANS - ELEMENTS OF RESERVATION OF JURISDICTION APPROACH

A
  1. COURT RESERVES JURISDICTION
  2. AT RETIREMENT APPORTIONS SHARES
  3. NON-EMPLOYED SPOUSE CAN ELECT TO RECEIVE SHARE AT THE EARLIEST TIME EMPLOYED SPOUSE COULD RETIRE
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13
Q

6

COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -

PEREIRA FORMULA (PSP)

A
  1. START WITH ORIGINAL SP INVESTMENT
  2. MULTIPLY BY FAIR RATE OF RETURN (10 PERCENT)
  3. MULTIPLY THIS NUMBER BY THE NUMBER OF YEARS THE INVESTMENT HELD WHILE MARRIED
  4. ADD THIS NUMBER TO ORIGINAL SP INVESTMENT
  5. RESULT IS SEPARATE PROPERTY
  6. SUBTRACT RESULT FROM VALUE OF BUSINESS AT DISSOLUTION AND THIS RESULT IS COMMUNITY PROPERTY
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14
Q

2

THE COMMUNITY IS LIABLE FOR DEBTS INCURRED

A
  1. DURING THE MARRIAGE BY EITHER SPOUSE
  2. DEBTS INCURRED BEFORE MARRIAGE BY EITHER SPOUSE
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15
Q

1

SPOUSE OWNERSHIP AND DISPOSITION - PERSONAL PROPERTY

A
  1. BELONGS EQUALLY TO EACH SPOUSE
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16
Q

3

SPECIAL CLASSIFICATIONS - BUSINESS GOODWILL IN A PROFESSIONAL PRACTICE - THE EXCESS EARNINGS FORMULA

A
  1. SPOUSE’S ANNUAL NET EARNINGS
  2. SUBTRACT ANNUAL EARNINGS OF SIMILARLY SITUATED PROFESSIONAL
  3. THE DIFFERENCE IS CAPTILIZED OVER TIME PERIOD OF MARRIAGE
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17
Q

2

POUR OVER WILL - TESTATOR CREATES BY

A
  1. CREATING INTER VIVOS TRUST
  2. INCORPORATES TRUST INTO WILL BY REFERENCE, INDEPENDENT SIGNATURE OR STATUTE
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18
Q

2

ALL OR PART OF WILL BE REVOKED BY A SUBSEQUENT WILL WHERE

A
  1. THE SUBSEQUENT WILL EXPRESSLY REVOKES ALL OR PART OF THE PREVIOUS WILL
  2. THE SUBSEQUENT WILL IMPLIEDLY REVOKES ALL OR PART OF PREVIOUS WILL THROUGH INCONSISTENCIES
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19
Q

3

120 HOUR RULE

A
  1. HEIR MUST SURVIVE DECEDENT BY 120 HOURS
  2. OR HEIR DETERMINED TO PREDECEASE DECEDENT
  3. ESTATE WILL ESCHEAT TO STATE
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20
Q

3

CATEGORIES OF TRUSTS

A
  1. EXPRESS
  2. RESULTING
  3. CONSTRUCTIVE
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21
Q

3

EXTRA FACTORS INFLUENCING FEASIBLITY OF ENFORCEMENT DECISIONS ON PERMANENT INJUNCTIONS - INJUNCTION INVOVLES

A
  1. A SERIES OF ACTS INSTEAD OF ONE ACT
  2. TASTE OR SUBJECTIVE JUDGMENT TO MEASURE PEFORMANCE
  3. JURISIDICTIONAL ISSUES AFFECTING ENFORCEMENT
22
Q

3

REQUIREMENTS FOR REFORMATION

A
  1. VALID CONTRACT MUST EXIST
  2. GROUNDS MUST EXIST
  3. NO AVAILABLE DEFENSES
23
Q

2

ADVERSE POSSESSION - OUSTER REQUIREMENT FOR HOSTILE POSSESSION OF CONCURRENTLY OWNED PROPERTY

A
  1. CO-TENTANT MUST CLAIM EXCLUSIVE RIGHT
  2. CO-TENANT MUST REFUSE ENTRY TO OTHER CO-TENANT
24
Q

3

FEE TAIL

A
  1. PASSES AUTOMATICALLY TO LINEAL DESCENDANTS OF HEIR
  2. LASTS AS LONG AS LINEAL DESCENDANTS EXIST
  3. MODERNLY, VIRTUALLY ABOLISHED.
25
Q

2

IMPLIED WARRANTY OF HABITIABILITY

A
  1. IMPLIED IN EVERY RESIDENTIAL LEASE
  2. THE PREMISES MUST BE FIT FOR HUMAN HABITATION
26
Q

1

WATER RIGHTS - REASONABLE USE DOCTRINE

A
  1. OWNER MAY USE WATER IN A REASONABLE MANNER.
27
Q

5

FOR A COURT TO HEAR A CASE - IT MUST

A
  1. HAVE JURISDICTION OVER THE PARTIES IN THE CASE
  2. HAVE JURISDICTION OVER THE SUBJECT MATTER OF THE CASE
  3. BE THE PROPER VENUE FOR THE CASE
  4. USE THE PROPER LAW FOR THE CASE
  5. THE DEFENDANT MUST HAVE NOTICE OF THE CASE
28
Q

2

MINIMUM CONTACTS - GENERAL JURISDCTION - CONTACTS WITH THE FORUM STATE ARE

A
  1. SUFFICIENTLY SYSTEMATIC
  2. CONTINUOUS
29
Q

2

BURDEN ON DEFENDANT FOR INCONVIENT FORUM FACTORS - DEFENDANT MUST PROVE A BURDEN OF

A
  1. TRAVEL
  2. TRANSPORT OF WITNESSES AND EVIDENCE
30
Q

1

OUTCOME DETERMINATIVE TEST

A
  1. AN ISSUE THAT WILL CHANGE OR DIRECTLY AFFECT THE CASE’S OUTCOME IS SUBSTANTIVE
31
Q

2

FORUM SHOPPING DETERRENCE TEST

A
  1. WILL FAILURE TO FOLLOW STATE LAW CAUSE LITIGANTS TO FLOCK TO FEDERAL COURT?
  2. IF SO, STATE LAW MUST BE APPLIED.
32
Q

2

FINAL JUDGMENT ON THE MERITS OCCURS WHEN

A
  1. FED- WHEN JUDGMENT IS RENDERED
  2. CA - WHEN APPEALS HAVE CONCLUDED
33
Q

4

REQUIREMENTS FOR RES JUDICATA/CLAIM PRECLUSION

FAPS

A
  1. FINAL JUDGMENT ON THE MERITS
  2. CLAIM WAS ACTUALLY OR COULD HAVE BEEN LITIGATED
  3. SAME PARTIES OR PRIVIES TO THE LITIGATION
  4. BOTH CASES ASSERT THE SAME CLAIM
34
Q

1

FEDERAL COURT - RENEWED JUDGMENT AS A MATTER OF LAW - TIMING REQUIREMENT

A
  1. RJMOL MUST BE MADE W/IN 28 DAYS AFTER ENTRY OF JUDGMENT.
35
Q

5

JUDICIAL POWERS - FEDERAL COURTS HAVE POWER TO REVIEW CASES

A
  1. BETWEEN TWO STATES
  2. BETWEEN CITIZENS OF DIFFERENT STATES
  3. BETWEEN STATES AND FOREIGN ENTITIES
  4. INVOLVING ADMIRALTY
  5. INVOLVING FEDERAL LAWS OR U.S. CONSTITUTION
36
Q

3

CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - FACIALLY DISCRIMINATORY STATE LAW UPHELD WHERE

A
  1. IT FURTHERS AN IMPORTANT NON ECONOMIC INTEREST AND
  2. THERE ARE NO LESS DISCRIMINATORY ALTERNATIVES AVAILABLE
  3. OR THE STATE IS A MARKET PARTICIPANT.
37
Q

3

SUBSTANTIVE DUE PROCESS - NON FUNDAMENTAL RIGHTS ARE INVOLVED WHERE REGULATIONS AFFECT

A
  1. SOCIAL WELFARE
  2. ECONOMIC WELFARE
  3. NON-FUNDAMENTAL PERSONAL RIGHTS
38
Q

2

SILA SEARCH - PROTECTIVE SWEEP - WHEN THE SUSPECT IS ARRESTED AT HOME - POLICE MAY SEARCH

A
  1. SPACES ADJOINING THE PLACE OF ARREST
  2. ANYWHERE ARTICULABLE SUSPICION OF DANGER EXISTS WITH SPACES SWEPT
39
Q

1

MAILBOX RULE REJECTION

A
  1. REJECTION IS EFFECTIVE UPON RECEIPT
40
Q

4

REQUIREMENTS FOR FINDING CONSEQUENTIAL DAMAGES

A
  1. DAMAGES CLEARLY CONTEMPLATED AT CONTRACT’S FORMATION
  2. CLEARLY UNAVOIDABLE BY THE PLAINTIFF
  3. CERTAIN IN AMOUNT
  4. CAUSED BY THE BREACH
41
Q

2

DEFENSE OF DURESS (CONTRACTS)

A
  1. WHERE DEFENDANT ENTERED CONTRACT DU TO THREAT OF HARM
  2. OR WHERE DELIBERATE ACTS WHERE PERFORMED TO CREATE THE THREAT OF ECONOMIC HARM.
42
Q

1

UCC - WAIVER OF CONDITION CREATED BY NO WRITING FOR A MODIFICATION TO A CONTRACT FOR THE SALE OF GOODS OVER $500 CAN BE RETRACTED BY PROMISEE BY

A
  1. PROMISEE’S REASONABLE NOTICE TO THE PROMISOR THAT STRICT PERFORMANCE OF THE WAIVED CONDITION WILL BE REQUIRED.
43
Q

2

REQUIREMENTS OF ZEALOUS ADVOCACY W/IN THE BOUNDS OF LAW - LAWYER CANNOT ADVISE A CLIENT TO

A
  1. VIOLATE LAW
  2. FILE A FRIVILOUS LAWSUIT
44
Q

2

SOLICITATION LETTERS MUST NOT CONTAIN

A
  1. GUARANTEES OF CASE SUCCESS
  2. CLAIMS OF SPECIAL EXPERTISE UNLESS ATTORNEY CERTIFIED BY RELEVANT STATE AUTHORITIES
45
Q

2

CA RULES AGAINST SEXUAL RELATIONSHIP WITH CLIENT

A
  1. CANNOT REPRESENT IF SEXUAL RELATIONSHIP IMPAIRS REPRESENTATION
  2. CANNOT USE UNDUE INFLUENCE TO GAIN SEXUAL RELATIONS
46
Q

1

COLLATERAL SOURCE RULE

A
  1. PLAINTIFF’S DAMAGES ARE NOT REDUCED BY AMOUNT OF BENEFITS PAID BY OTHER SOURCES
47
Q

2

MBE MISSED - RESTRICTIVE COVENANT IS ENFORCEABLE AGAINST SUBSEQUENT PURCHASERS WHERE SUBSEQUENT PURCHASERS HAVE

A
  1. ACTUAL NOTICE OR
  2. CONSTRUCTIVE NOTICE OF RESTRICTIVE COVENANT
48
Q

4

MBE MISSED - RECOVERY FOR WITNESSES OF NEGLIGENT INJURY MUST BE

A
  1. CLOSELY RELATED TO VICTIM
  2. PRESENT AT SCENE OF INJURY
  3. AWARE VICTIM WAS BEING INJURED
  4. SUFFERED SERIOUS EMOTIONAL DISTRESS FROM PRESENCE
49
Q

3

MBE MISSED - ROBBERY - AFTER PROPERTY TAKEN, USE OF FORCE OR THREAT OF FORCE REQUIREMENT ONLY SATISFIED WHERE

A
  1. IMMEDIATELY AFTER TAKING
  2. DEFENDANT USES FORCE TO STOP VICTIM FROM CATCHING HIM
  3. OR RETAKING PROPERTY
50
Q

1

MBE MISSED - REVERTERS ARE NOT SUBJECT TO

A
  1. THE RULE OF PERPETUITIES
51
Q

1

TENANCY AT SUFFERANCE IS CREATED WHEN

A
  1. TENANT WRONGFULLY HOLDS OVER PAST EXPIRATION OF A VALID LEASE
52
Q

6

UNDER THE BEST EVIDENCE RULES, ORIGINAL DOCUMENTS DO NOT NEED TO BE ADMITTED WHERE THEY HAVE BEEN

A
  1. LOST OR DESTROYED
  2. OFFERED FOR INSPECTION
  3. OUT OF JURISDICTION
  4. VOLUMINOUS
  5. IN CONTROL OF THE OTHER PARTY
  6. KEPT IN THE REGULAR COURSE OF BUSINESS

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