deck X (1136-1186) Flashcards
4
STEPS FOR CURING THE CONFLICT OF INTEREST ARISING FROM A SELF-DEALING CONTRACT BETWEEN A CONFLICTED BOARD MEMBER AND THE CORPORATION
- MATERIAL DISCLOSURE MUST BE MADE BY CONFLICTED PARTY
- CONTRACT MUST BE FAIR
- THE CONTRACT CAN BE THEN AUTHORIZED BY DISINTERESTED BOARD MEMBERS
- OR CONTRACT CAN THEN APPROVED BY MAJORITY OF SHAREHOLDERS
2
WHERE AN AGENT EXCEEDS ACTUAL AUTHORITY - THE PRINCIPAL WILL BE BOUND TO AGENT’S ACTS WHERE THE AGENT
- ACTS IN WAY AN AGENT IN SUCH A POSITION WOULD NORMALLY BE ALLOWED TO ACT
- WAS PREVIOUSLY ALLOWED TO SIMILARLY ACT IN EXCESS OF AUTHORITY
1
PRINCIPAL’S LIABILITY FOR AGENT’S TORTS
- WHERE TORTS COMMITTED IN SCOPE OF PRINCIPAL-AGENT RELATIONSHIP
2
FIDUCIARY DUTIES OWED BY SPOUSES TO EACH OTHER
- FULL DISCLOSURE OF MATERIAL FACTS
- GOOD FAITH AND FAIR DEALINGS
4
REVERSE VAN CAMP FORMULA
- REASONABLE SALARY FOR MANAGER SPOUSE AFTER SEPARATION CALCULATED
- LIVING EXPENSES DEDUCTED
- RESULT IS SEPERATE PROPERTY
- REMAINDER OF BUSINESS VALUE GOES TO COMMUNITY
1
PRESUMPTION OF FRAUD OR UNDUE INFLUENCE BY BENEFICIARY OF DONATIVE TRANSFER REBUTTABLE WHERE
- CLEAR AND CONVINCING EVIDENCE
4
DEPENDENT RELATIVE REVOCATION
- TESTATOR REVOKES WILL
- WITH MISTAKEN BELIEF THAT SUBSEQUENT WILL OR CODICIL IS VALID
- SUBSEQUENT WILL OR CODICIL IS INVALID
- COURT WILL FIND FIRST WILL VALID
4
KILLERS OF TESTATORS
- CAN’T TAKE BY WILL
- CAN’T TAKE BY INTESTATE SUCCESSION
- TREATED AS PREDECEASING TESTATOR
- NO ANTI-LAPSE TRIGGERED
3
FOR INTESTATE SUCESSION, ADOPTION SEVERS
- THE RELATIONSHIP BETWEEN PARENT-CHILD
- UNLESS NATURAL PARENT’S SPOUSE ADOPTED CHILD
- AND NATURAL PARENT COHABITATED WITH CHILD
2
TRUSTEE - DELEGATION OF DUTIES
- AT COMMON LAW, NO DELEGATION ALLOWED
- MODERNLY, DELEGATION IS ALLOWED WHERE DUE CARE AND SKILL ARE USED TO SELECT AGENTS
1
UNIFORM PRUDENT INVESTOR ACT - MANAGEMENT OF TRUST INVESTMENTS - PRODUCTIVITY OF INVESTMENT IS MEASURED BY
- PORTFOLIO PERFORMANCE AS A WHOLE
2
CATEGORIES OF EXPRESS TRUSTS
- PRIVATE TRUSTS FOR THE BENEFIT OF ASCERTAINABLE BENEFICIARIES
- CHARITIABLE TRUSTS FOR THE BENEFIT OF SOCIETY AT LARGE
1
WHEN IS PRELIMINARY INJUNCTION ISSUED
- PRIOR TO FINAL JUDGMENTS ON THE MERITS OF THE CASE
5
EQUITABLE CONVERSION IN A LAND SALE CONTRACT OCCURS WHEN
- LAND SALE CONTRACT IS SIGNED
- BUYER IS DEEMED OWNER OF REAL PROPERTY
- RISK OF DAMAGE PASSES TO BUYER
- UNLESS CONTRACT STATES OTHERWISE
- OR STATE HAS A STATUTE TO A CONTRARY EFFECT
2
REMEDIES FOR BREACH OF LAND SALE CONTRACT
- DAMAGES
- SPECIFIC PERFORMANCE (MORE COMMON)
3
DEFICIENCY JUDGMENT FOR MORTGAGES ONLY ALLOWED WHERE
- PROPERTY SOLD FOR LESS THAN AMOUNT OWED
- JUDICIAL FORECLOSURE
- LOAN WAS NOT A PURCHASE MONEY MORTGAGE
2
DEED DEFINITION - A DEED IS A DOCUMENT THAT
- TRANSFERS TITLE OF REAL PROPERTY
- FROM ONE PARTY TO ANOTHER.
4
LANDLORD/TENANT QUESTION - EXPRESS REAL COVENANT LANGUAGE
- NOTICE
- INTENT
- TOUCH AND CONCERN THE LAND
- PRIVITY
4
EXPRESS EASEMENT CREATION
- IN WRITING
- MANIFESTING GRANTOR’S PRESENT INTENT
- IDENTIFICATION OF PARTIES AND AFFECTED LAND
- SIGNED BY GRANTOR
3
TERMINATION OR MODIFICATION OF EQUITABLE SERVITUDES
- AGREEMENT OF ALL PARTIES IN A SUFFICIENT WRITING
- ABANDONMENT ACTION
- CHANGED CONDITIONS
1
HATS GO ON YOUR
HEAD
2
TWO DIFFERENT CATEGORIES
OF STATE’S STATUATORY BASES
FOR PERSONAL JURISDICTION
- LONG ARM STATUTES W/MINIMUM CONTACT STANDARD
- SPECIFIC LONG ARM STATUTES
4
LONG ARM STATUTE
- STATE LAW
- ALLOWING STATE COURT TO EXERCISE JURISDICTION
- OVER OUT OF STATE DEFENDANT
- IN CERTAIN SITUATIONS.
1
SUBJECT MATTER JURISDICTION DEFINITION
- COURT HAS AUTHORITY TO EXERCISE JURISDICTION OVER A PARTICULAR CONTROVERSY
1
TIME CRITERION FOR DIVERSITY FOR SUBJECT MATTER JURISDICTION
- DIVERSITY MUST EXIST AT THE TIME THE CASE IS FILED.
2
SUPPLEMENTAL JURISDICTION
- COURT HAS JURISDICTION OVER A CLAIM WITH INSUFFICIENT SUBJECT MATTER JURISDICTION
- WHEN IT IS JOINED TO A CLAIM WITH SUFFICIENT SUBJECT MATTER JURISDICTION.
2
COURTS OF LIMITED AND GENERAL SUBJECT MATTER JURISIDICTION
- STATE COURTS - GENERAL SUBJECT MATTER JURISICTION WITH JURISDICTION OVER ANY MATTER NOT W/IN EXCLUSIVE JURISDICTION OF ANOTHER COURT
- FEDERAL COURTS - LIMITED SUBJECT MATTER JURISDICTION WITH JURISDICTION OVER ONLY FEDERAL QUESTION AND DIVERSITY OF CITIZENSHIP CASES.
2
INTERPLEADER ELEMENTS
- EQUITABLE ACTION WHERE STAKEHOLDER HAS COURT DETERMINE RIVAL CLAIMAINTS RIGHT TO STAKE
- RELIEVING THE STAKEHOLDER OF MULTIPLE LIABILITIES TO CLAIMAINTS
2
MOTION FOR DIRECTED VERDICT OR DEMURRER TO THE EVIDENCE (CA)
- AT TRIAL
- AFTER OPPOSING SIDE HAS PRESENTED ITS CASE
- OTHER SIDE FILES MOTION FOR DIRECTED VERDICT
- ARGUING INSUFFFICIENT EVIDENCE PRESENTED BY OPPOSING SIDE
- TO ALLOW REASONABLE PEOPLE TO AGREE WITH OPPOSING SIDE’S CASE
8
EXECUTIVE POWERS - PRESIDENT CAN
- ISSUE EXECUTIVE ORDERS
- MAKE TREATIES
- REPRESENT U.S. ON FOREIGN POLICY
- APPOINT AMBASSADORS
- VETO BILLS
- APPOINT TOP LEVEL FEDERAL OFFICIALS
- ISSUE PARDONS
- EXERCISE EXECUTIVE PRIVILEGE
14TH AMENDMENT EPC EXTENDS BILL OF RIGHTS TO STATES EXCEPT FOR THESE TWO RIGHTS
- EIGHTH AMENDMENT PROTECTION FROM EXCESSIVE BAIL
- FIFTH AMENDMENT GUARANTEE TO GRAND JURY INDICTMENT
- SEVENTH AMENDMENT RIGHT TO JURY TRIAL
2
ROUTINE STOP - VEHICLE - ALLOWED WHERE
- REASONABLE SUSPICION OF WRONGDOING
- BASED ON OBJECTIVE STANDARD
1
IF A SUSPECT ASKS TO HAVE COUNSEL PRESENT AT ANY OTHER TIME THAN AFTER A MIRANDA WARNING, HE IS INVOKING
- HIS SIXTH AMENDMENT RIGHT TO HAVE COUNSEL PRESENT.
2
COURT MAY REQUIRE THE APPOINTMENT OF OF ADVISORY COUNSEL TO A SELF-REPRESENTED DEFENDANT TO
- PROVIDE LEGAL ADVICE AND INFORMATION TO DEFENDANT
- NOT ALLOWED TO MAKE STRATEGIC DECISIONS
1
DEFENSE OF MISTAKE OF LAW
- MISTAKE OF LAW MAY NEVER ALTER AN ACT’S ILLEGALITY
3
COMMON LAW TRESPASS WAS THE CRIME OF
- WILLFULLY MAKING AN ENTRY ON TO REAL PROPERTY OR STRUCTURE
- WITHOUT THE PERMISSION OF ITS RIGHTFUL OCCUPIER
- WITH SPECIFIC INTENT TO INTERFERE WITH THE PROPERTY OR DISTURB THE PEACE THEREON.
1
MODERN OVERT ACT REQUIREMENT FOR ATTEMPT CRIME
- MODERNLY, MOST JURISIDCTIONS REQUIRE AN OVERT ACT BE COMMITTED IN FURTHERANCE OF THE CRIME.
2
MBE - EXCESSIVE ENTANGLEMENT AND GOVERNMENT GRANTS FOR CONSTRUCTION OF BUILDING TO BE USED AT RELIGIOUS SCHOOLS
- AS LONG AS THE SCHOOLS INVOLVED AREN’T “PERMEATED WITH RELIGION” THE GRANTS DONT INVOLVE EXCESSIVE ENTANGLEMENT
- AND THE DIRECT AID IS NOT TO PRIMARY OR SECONDARY SCHOOLS.
5
CA - EXCEPTIONS TO ATTORNEY CONFIDENTIALITY REQUIREMENT
- WHERE DEATH OR SERIOUS BODILY HARM IS THREATENED, AFTER ACTING TO DISSUADE CLIENT AND ADVISING THAT INFORMATION CAN BE REVEALED
- PREVENT SUBSTANTIAL FINANCIAL HARM
- WHERE CONSENTED TO TO GET ETHICS ADVICE
- SUIT V. CLIENT TO COLLECT FEES
- WHERE COMPELLED BY COURT OR ETHICS RULES
3
ATTORNEY’S DUTY WHEN ROGUE EMPLOYEE THREATENS A REPRESENTED BUSINESS - CA
- URGE EMPLOYEE TO RECONSIDER WHILE EXPLAINING CONSEQUENCES
- IF NO RESULT, WITHDRAW
- ATTORNEY CAN NEVER REVEAL INFO TO OUTSIDE
4
DUTY OF FAIRNESS TO OPPOSING PARTY - ATTORNEY MUST
- DISCLOSE INADVERTANT DISCLOSURE
- NOT TAMPER W/EVIDENCE
- PRODUCE INCRIMINATING EVIDENCE
- MAKE REASONABLE EFFORTS TO EXPEDITE LITIGATION
2
REQUIREMENT FOR LAWYERS WITH BUSINESS INTERESTS ADVERSE TO CLIENT
- ADVISE CLIENT TO SEEK INDEPENDENT COUNSEL
- GET WAIVER FROM CLIENT IN WRITING
3
CA REQUIREMENTS FOR REPORTING KNOWN ATTORNEY MISCONDUCT
- PERMISSIVE IF PAST
- REQUIRED WHERE GOING TO OCCUR
- OR ONGOING
1
LIBEL/DEFAMATION
- A WRITTEN OR RECORDED FALSE STATEMENT OF MATERIAL FACT PUBLISHED TO A THIRD PARTY
2
TRESPASS TO LAND - DAMAGES AWARDED ARE
- ACTUAL DAMAGES CAUSED BY ENTRY
- NOMINAL DAMAGES
4
FORESEEABLE INTERVENING CAUSES
- SUBSEQUENT MEDICAL MALPRACTICE
- NEGLIGENT RESCUER
- SUBSEQUENT INFECTION CAUSED BY WEAKENED CONDITION
- SUBSEQENT ACCIDENT SUBSTANTIALLY CAUSED BY INJURY
3
LIABILITY FOR BREACH OF IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE ARISES WHERE DEFENDANT
- IS ANY SELLER OF THE GOODS
- WHO KNOWS OR SHOULD KNOW THE PARTICULAR INTENDED PURPOSE OF THE GOODS
- BUYER RELIES ON SELLER’S SKILLS AND JUDGMENT IN SELECTION OF GOODS.
2
MBE MISSED - PROMISSORY ESTOPPEL(DETRIMENTAL RELIANCE) VS. QUASI CONTRACT (PART PERFORMANCE)
- PROMISSORY ESTOPPEL SHOULD ENTITLE PROMISEE TO THE PROMISED BENEFIT VS.
- QUASI CONTRACT WILL AWARD REASONABLE VALUE OF SERVICES
2
MBE MISSED - STRICT LIABILITY CRIMES INVOLVE
- REGULATORY OFFENSES
- OFFENSES SERIOUS POTENTIAL HARM TO PUBLIC
3
NOTICE TO TERMINATE TENANCY AT WILL REQUIREMENT - NOTICE MAY BE GIVEN
- AT ANY TIME,
- BY EITHER PARTY.
- MOST JX REQUIRE REASONABLE NOTICE TO VACATE.
