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CA Bar Outlined and Numbered (with prompts) > deck X (1136-1186) > Flashcards

deck X (1136-1186) Flashcards

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MBE flashcards
1
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A
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2
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4

STEPS FOR CURING THE CONFLICT OF INTEREST ARISING FROM A SELF-DEALING CONTRACT BETWEEN A CONFLICTED BOARD MEMBER AND THE CORPORATION

A
  1. MATERIAL DISCLOSURE MUST BE MADE BY CONFLICTED PARTY
  2. CONTRACT MUST BE FAIR
  3. THE CONTRACT CAN BE THEN AUTHORIZED BY DISINTERESTED BOARD MEMBERS
  4. OR CONTRACT CAN THEN APPROVED BY MAJORITY OF SHAREHOLDERS
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3
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2

WHERE AN AGENT EXCEEDS ACTUAL AUTHORITY - THE PRINCIPAL WILL BE BOUND TO AGENT’S ACTS WHERE THE AGENT

A
  1. ACTS IN WAY AN AGENT IN SUCH A POSITION WOULD NORMALLY BE ALLOWED TO ACT
  2. WAS PREVIOUSLY ALLOWED TO SIMILARLY ACT IN EXCESS OF AUTHORITY
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4
Q

1

PRINCIPAL’S LIABILITY FOR AGENT’S TORTS

A
  1. WHERE TORTS COMMITTED IN SCOPE OF PRINCIPAL-AGENT RELATIONSHIP
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5
Q

2

FIDUCIARY DUTIES OWED BY SPOUSES TO EACH OTHER

A
  1. FULL DISCLOSURE OF MATERIAL FACTS
  2. GOOD FAITH AND FAIR DEALINGS
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6
Q

4

REVERSE VAN CAMP FORMULA

A
  1. REASONABLE SALARY FOR MANAGER SPOUSE AFTER SEPARATION CALCULATED
  2. LIVING EXPENSES DEDUCTED
  3. RESULT IS SEPERATE PROPERTY
  4. REMAINDER OF BUSINESS VALUE GOES TO COMMUNITY
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7
Q

1

PRESUMPTION OF FRAUD OR UNDUE INFLUENCE BY BENEFICIARY OF DONATIVE TRANSFER REBUTTABLE WHERE

A
  1. CLEAR AND CONVINCING EVIDENCE
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8
Q

4

DEPENDENT RELATIVE REVOCATION

A
  1. TESTATOR REVOKES WILL
  2. WITH MISTAKEN BELIEF THAT SUBSEQUENT WILL OR CODICIL IS VALID
  3. SUBSEQUENT WILL OR CODICIL IS INVALID
  4. COURT WILL FIND FIRST WILL VALID
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9
Q

4

KILLERS OF TESTATORS

A
  1. CAN’T TAKE BY WILL
  2. CAN’T TAKE BY INTESTATE SUCCESSION
  3. TREATED AS PREDECEASING TESTATOR
  4. NO ANTI-LAPSE TRIGGERED
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10
Q

3

FOR INTESTATE SUCESSION, ADOPTION SEVERS

A
  1. THE RELATIONSHIP BETWEEN PARENT-CHILD
  2. UNLESS NATURAL PARENT’S SPOUSE ADOPTED CHILD
  3. AND NATURAL PARENT COHABITATED WITH CHILD
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11
Q

2

TRUSTEE - DELEGATION OF DUTIES

A
  1. AT COMMON LAW, NO DELEGATION ALLOWED
  2. MODERNLY, DELEGATION IS ALLOWED WHERE DUE CARE AND SKILL ARE USED TO SELECT AGENTS
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12
Q

1

UNIFORM PRUDENT INVESTOR ACT - MANAGEMENT OF TRUST INVESTMENTS - PRODUCTIVITY OF INVESTMENT IS MEASURED BY

A
  1. PORTFOLIO PERFORMANCE AS A WHOLE
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13
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2

CATEGORIES OF EXPRESS TRUSTS

A
  1. PRIVATE TRUSTS FOR THE BENEFIT OF ASCERTAINABLE BENEFICIARIES
  2. CHARITIABLE TRUSTS FOR THE BENEFIT OF SOCIETY AT LARGE
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14
Q

1

WHEN IS PRELIMINARY INJUNCTION ISSUED

A
  1. PRIOR TO FINAL JUDGMENTS ON THE MERITS OF THE CASE
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15
Q

5

EQUITABLE CONVERSION IN A LAND SALE CONTRACT OCCURS WHEN

A
  1. LAND SALE CONTRACT IS SIGNED
  2. BUYER IS DEEMED OWNER OF REAL PROPERTY
  3. RISK OF DAMAGE PASSES TO BUYER
  4. UNLESS CONTRACT STATES OTHERWISE
  5. OR STATE HAS A STATUTE TO A CONTRARY EFFECT
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16
Q

2

REMEDIES FOR BREACH OF LAND SALE CONTRACT

A
  1. DAMAGES
  2. SPECIFIC PERFORMANCE (MORE COMMON)
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17
Q

3

DEFICIENCY JUDGMENT FOR MORTGAGES ONLY ALLOWED WHERE

A
  1. PROPERTY SOLD FOR LESS THAN AMOUNT OWED
  2. JUDICIAL FORECLOSURE
  3. LOAN WAS NOT A PURCHASE MONEY MORTGAGE
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18
Q

2

DEED DEFINITION - A DEED IS A DOCUMENT THAT

A
  1. TRANSFERS TITLE OF REAL PROPERTY
  2. FROM ONE PARTY TO ANOTHER.
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19
Q

4

LANDLORD/TENANT QUESTION - EXPRESS REAL COVENANT LANGUAGE

A
  1. NOTICE
  2. INTENT
  3. TOUCH AND CONCERN THE LAND
  4. PRIVITY
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20
Q

4

EXPRESS EASEMENT CREATION

A
  1. IN WRITING
  2. MANIFESTING GRANTOR’S PRESENT INTENT
  3. IDENTIFICATION OF PARTIES AND AFFECTED LAND
  4. SIGNED BY GRANTOR
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21
Q

3

TERMINATION OR MODIFICATION OF EQUITABLE SERVITUDES

A
  1. AGREEMENT OF ALL PARTIES IN A SUFFICIENT WRITING
  2. ABANDONMENT ACTION
  3. CHANGED CONDITIONS
22
Q

1

HATS GO ON YOUR

A

HEAD

23
Q

2

TWO DIFFERENT CATEGORIES

OF STATE’S STATUATORY BASES

FOR PERSONAL JURISDICTION

A
  1. LONG ARM STATUTES W/MINIMUM CONTACT STANDARD
  2. SPECIFIC LONG ARM STATUTES
24
Q

4

LONG ARM STATUTE

A
  1. STATE LAW
  2. ALLOWING STATE COURT TO EXERCISE JURISDICTION
  3. OVER OUT OF STATE DEFENDANT
  4. IN CERTAIN SITUATIONS.
25
Q

1

SUBJECT MATTER JURISDICTION DEFINITION

A
  1. COURT HAS AUTHORITY TO EXERCISE JURISDICTION OVER A PARTICULAR CONTROVERSY
26
Q

1

TIME CRITERION FOR DIVERSITY FOR SUBJECT MATTER JURISDICTION

A
  1. DIVERSITY MUST EXIST AT THE TIME THE CASE IS FILED.
27
Q

2

SUPPLEMENTAL JURISDICTION

A
  1. COURT HAS JURISDICTION OVER A CLAIM WITH INSUFFICIENT SUBJECT MATTER JURISDICTION
  2. WHEN IT IS JOINED TO A CLAIM WITH SUFFICIENT SUBJECT MATTER JURISDICTION.
28
Q

2

COURTS OF LIMITED AND GENERAL SUBJECT MATTER JURISIDICTION

A
  1. STATE COURTS - GENERAL SUBJECT MATTER JURISICTION WITH JURISDICTION OVER ANY MATTER NOT W/IN EXCLUSIVE JURISDICTION OF ANOTHER COURT
  2. FEDERAL COURTS - LIMITED SUBJECT MATTER JURISDICTION WITH JURISDICTION OVER ONLY FEDERAL QUESTION AND DIVERSITY OF CITIZENSHIP CASES.
29
Q

2

INTERPLEADER ELEMENTS

A
  1. EQUITABLE ACTION WHERE STAKEHOLDER HAS COURT DETERMINE RIVAL CLAIMAINTS RIGHT TO STAKE
  2. RELIEVING THE STAKEHOLDER OF MULTIPLE LIABILITIES TO CLAIMAINTS
30
Q

2

MOTION FOR DIRECTED VERDICT OR DEMURRER TO THE EVIDENCE (CA)

A
  1. AT TRIAL
  2. AFTER OPPOSING SIDE HAS PRESENTED ITS CASE
  3. OTHER SIDE FILES MOTION FOR DIRECTED VERDICT
  4. ARGUING INSUFFFICIENT EVIDENCE PRESENTED BY OPPOSING SIDE
  5. TO ALLOW REASONABLE PEOPLE TO AGREE WITH OPPOSING SIDE’S CASE
31
Q

8

EXECUTIVE POWERS - PRESIDENT CAN

A
  1. ISSUE EXECUTIVE ORDERS
  2. MAKE TREATIES
  3. REPRESENT U.S. ON FOREIGN POLICY
  4. APPOINT AMBASSADORS
  5. VETO BILLS
  6. APPOINT TOP LEVEL FEDERAL OFFICIALS
  7. ISSUE PARDONS
  8. EXERCISE EXECUTIVE PRIVILEGE
32
Q

14TH AMENDMENT EPC EXTENDS BILL OF RIGHTS TO STATES EXCEPT FOR THESE TWO RIGHTS

A
  1. EIGHTH AMENDMENT PROTECTION FROM EXCESSIVE BAIL
  2. FIFTH AMENDMENT GUARANTEE TO GRAND JURY INDICTMENT
  3. SEVENTH AMENDMENT RIGHT TO JURY TRIAL
33
Q

2

ROUTINE STOP - VEHICLE - ALLOWED WHERE

A
  1. REASONABLE SUSPICION OF WRONGDOING
  2. BASED ON OBJECTIVE STANDARD
34
Q

1

IF A SUSPECT ASKS TO HAVE COUNSEL PRESENT AT ANY OTHER TIME THAN AFTER A MIRANDA WARNING, HE IS INVOKING

A
  1. HIS SIXTH AMENDMENT RIGHT TO HAVE COUNSEL PRESENT.
35
Q

2

COURT MAY REQUIRE THE APPOINTMENT OF OF ADVISORY COUNSEL TO A SELF-REPRESENTED DEFENDANT TO

A
  1. PROVIDE LEGAL ADVICE AND INFORMATION TO DEFENDANT
  2. NOT ALLOWED TO MAKE STRATEGIC DECISIONS
36
Q

1

DEFENSE OF MISTAKE OF LAW

A
  1. MISTAKE OF LAW MAY NEVER ALTER AN ACT’S ILLEGALITY
37
Q

3

COMMON LAW TRESPASS WAS THE CRIME OF

A
  1. WILLFULLY MAKING AN ENTRY ON TO REAL PROPERTY OR STRUCTURE
  2. WITHOUT THE PERMISSION OF ITS RIGHTFUL OCCUPIER
  3. WITH SPECIFIC INTENT TO INTERFERE WITH THE PROPERTY OR DISTURB THE PEACE THEREON.
38
Q

1

MODERN OVERT ACT REQUIREMENT FOR ATTEMPT CRIME

A
  1. MODERNLY, MOST JURISIDCTIONS REQUIRE AN OVERT ACT BE COMMITTED IN FURTHERANCE OF THE CRIME.
39
Q

2

MBE - EXCESSIVE ENTANGLEMENT AND GOVERNMENT GRANTS FOR CONSTRUCTION OF BUILDING TO BE USED AT RELIGIOUS SCHOOLS

A
  1. AS LONG AS THE SCHOOLS INVOLVED AREN’T “PERMEATED WITH RELIGION” THE GRANTS DONT INVOLVE EXCESSIVE ENTANGLEMENT
  2. AND THE DIRECT AID IS NOT TO PRIMARY OR SECONDARY SCHOOLS.
40
Q

5

CA - EXCEPTIONS TO ATTORNEY CONFIDENTIALITY REQUIREMENT

A
  1. WHERE DEATH OR SERIOUS BODILY HARM IS THREATENED, AFTER ACTING TO DISSUADE CLIENT AND ADVISING THAT INFORMATION CAN BE REVEALED
  2. PREVENT SUBSTANTIAL FINANCIAL HARM
  3. WHERE CONSENTED TO TO GET ETHICS ADVICE
  4. SUIT V. CLIENT TO COLLECT FEES
  5. WHERE COMPELLED BY COURT OR ETHICS RULES
41
Q

3

ATTORNEY’S DUTY WHEN ROGUE EMPLOYEE THREATENS A REPRESENTED BUSINESS - CA

A
  1. URGE EMPLOYEE TO RECONSIDER WHILE EXPLAINING CONSEQUENCES
  2. IF NO RESULT, WITHDRAW
  3. ATTORNEY CAN NEVER REVEAL INFO TO OUTSIDE
42
Q

4

DUTY OF FAIRNESS TO OPPOSING PARTY - ATTORNEY MUST

A
  1. DISCLOSE INADVERTANT DISCLOSURE
  2. NOT TAMPER W/EVIDENCE
  3. PRODUCE INCRIMINATING EVIDENCE
  4. MAKE REASONABLE EFFORTS TO EXPEDITE LITIGATION
43
Q

2

REQUIREMENT FOR LAWYERS WITH BUSINESS INTERESTS ADVERSE TO CLIENT

A
  1. ADVISE CLIENT TO SEEK INDEPENDENT COUNSEL
  2. GET WAIVER FROM CLIENT IN WRITING
44
Q

3

CA REQUIREMENTS FOR REPORTING KNOWN ATTORNEY MISCONDUCT

A
  1. PERMISSIVE IF PAST
  2. REQUIRED WHERE GOING TO OCCUR
  3. OR ONGOING
45
Q

1

LIBEL/DEFAMATION

A
  1. A WRITTEN OR RECORDED FALSE STATEMENT OF MATERIAL FACT PUBLISHED TO A THIRD PARTY
46
Q

2

TRESPASS TO LAND - DAMAGES AWARDED ARE

A
  1. ACTUAL DAMAGES CAUSED BY ENTRY
  2. NOMINAL DAMAGES
47
Q

4

FORESEEABLE INTERVENING CAUSES

A
  1. SUBSEQUENT MEDICAL MALPRACTICE
  2. NEGLIGENT RESCUER
  3. SUBSEQUENT INFECTION CAUSED BY WEAKENED CONDITION
  4. SUBSEQENT ACCIDENT SUBSTANTIALLY CAUSED BY INJURY
48
Q

3

LIABILITY FOR BREACH OF IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE ARISES WHERE DEFENDANT

A
  1. IS ANY SELLER OF THE GOODS
  2. WHO KNOWS OR SHOULD KNOW THE PARTICULAR INTENDED PURPOSE OF THE GOODS
  3. BUYER RELIES ON SELLER’S SKILLS AND JUDGMENT IN SELECTION OF GOODS.
49
Q

2

MBE MISSED - PROMISSORY ESTOPPEL(DETRIMENTAL RELIANCE) VS. QUASI CONTRACT (PART PERFORMANCE)

A
  1. PROMISSORY ESTOPPEL SHOULD ENTITLE PROMISEE TO THE PROMISED BENEFIT VS.
  2. QUASI CONTRACT WILL AWARD REASONABLE VALUE OF SERVICES
50
Q

2

MBE MISSED - STRICT LIABILITY CRIMES INVOLVE

A
  1. REGULATORY OFFENSES
  2. OFFENSES SERIOUS POTENTIAL HARM TO PUBLIC
51
Q

3

NOTICE TO TERMINATE TENANCY AT WILL REQUIREMENT - NOTICE MAY BE GIVEN

A
  1. AT ANY TIME,
  2. BY EITHER PARTY.
  3. MOST JX REQUIRE REASONABLE NOTICE TO VACATE.

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

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