deck Y (1187-1237) Flashcards
2
CORPORATION REQUIREMENTS TO BE SUBJECT TO 16B
- LISTED ON NATIONAL STOCK EXCHANGE
- OR HAVE 10 MILLION MORE IN ASSETS AND AT LEAST 500 SHAREHOLDERS
3
SEC - MISAPPROPRIATORS
- BREACH A DUTY OF TRUST AND CONFIDENCE
- OWED TO A SOURCE OF MATERIAL NON-PUBLIC CORPORATE INFORMATION
- WHEN THEY MAKE A TRADE OF A SECURITY INSTRUMENT BASED ON THIS MATERIAL NON-PUBLIC CORPORATE INFORMATION
2
CAPACITY REQUIREMENTS OF AGENT
- MINIMAL CAPACITY (MENTAL HEALTH OK)
- MINORS ARE OK
2
BUSINESS PARTHERSHIP - TITLED PROPERTY IS THE SEPARATE PROPERTY OF PARTNERS WHERE
- HELD IN INDIVIDUAL PARTNER’S NAMES
- AND PURCHASED WITH INDIVIDUAL PARTNER’S FUNDS
1
DOES LP CONTINUE TO EXIST DURING WINDING UP PERIOD?
- YES
2
THE SOURCE RULE -
TWO TRACING METHODS ALLOWED BY COURT
- EXHAUSTION METHOD
- DIRECT TRACING
3
SPECIAL CLASSIFICATIONS - PERSONAL INJURY - LIABILITY FOR TORTFEASOR SPOUSE WHO COMMITS TORT AGAINST SPOUSE
- TORTFEASOR SPOUSE’S SP MUST BE EXHAUSTED
- BEFORE CP IS USED
- TO DISCHARGE LIABILITY OF TORTFEASOR SPOUSE TO INNOCENT SPOUSE
3
UNMARRIED COHABITANTS - METHODS COURTS USE TO ALLOCATE PROPERTY OF COHABITANTS
- CONTRACT PRINCIPALS
- QUASI-CONTRACT
- TRUSTS
3
CHARITABLE TRUST
- MADE FOR A CHARITABLE PURPOSE
- MUST BENEFIT SOCIETY AT LARGE
- WHERE PURPOSE FAILS - APPLY CY PRES DOCTRINE
1
EXPECTATION DAMAGES
- COMPENSATE PLAINTIFF FOR EXPECTED BENEFIT OF THE BARGAIN
3
LEGAL RESITUTION FOR BREACH OF CONTRACT AWARDED WHERE
- DEFENDANT DERIVED BENEFIT FROM PLAINTIFF
- JUSTICE DEMANDS PLAINTIFF BE COMPENSATED FOR BENEFIT
- OR PLAINTIFF WANTS HER PROPERTY BACK
3
GROUNDS FOR CONTRACT REFORMATION
- MISREPRESENTATION
- MUTUAL MISTAKE
- UNILATERAL MISTAKE (NONMISTAKEN PARTY KNEW OR SHOULD HAVE KNOWN OF MISTAKE)
3
REMEDY FOR VOLUNTARY WASTE
- DIMINUTION IN VALUE
- COST OF REPAIR
- AND/OR INJUNCTION
2
COMMINGLING RULES AND EQUITABLE LIENS
- PROPERTY NEED NOT BE TRACEABLE TO ITS ORIGINAL FORM
- COMMINGLING OK
1
RINGS GO ON YOUR
FINGERS
1
ADVERSE POSSESSION DEFINITION
- A MEANS OF TAKING TITLE TO REAL PROPERTY THROUGH THE OPERATION OF THE STATUTE OF LIMITATIONS FOR TRESPASS
1
DATE OF ACCEPTANCE OF DEED
- OCCURS ON THE DATE DEED DELIVERED INTO ESCROW UNLESS PARTIES EXPRESSLY AGREE OTHERWISE.
5
FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION
- OWNERSHIP - POTENIALLY INFINITE, SUBJECT TO OCCURENCE OF POSSIBLE EVENT
- TRANSFERABILITY - ALIENABLE, DEVISABLE, DESCENDIBLE, SUBJECT TO CONDITION
- FUTURE INTEREST GRANTOR OWNS - SHIFTING EXECUTORY INTEREST
- FUTURE INTEREST THIRD PARTY OWNS - SPRINGING EXECUTORY INTEREST
- CREATED BY - WORDS OF CONDITION
1
ACTUAL PARTIAL EVICTION OCCURS WHERE
- LANDLORD MAKES IT PHYSICALLY IMPOSSIBLE TO OCCUPY PART OF THE PREMISES
1
REAL COVENANT - INTENT REQUIREMENT
- ORIGINAL CONVENANTING PARTIES MUST HAVE INTENDED SUCCESSORS-IN-INTEREST TO BE BOUND BY THE COVENANT.
2
WHEN MAY THE GOVERNMENT GRANT VARIANCE ON ZONING ORDINANCES?
- UNDUE HARDSHIP
- VARIANCE WON’T WORK DETRIMENT TO SURROUNDING PROPERTY VALUES
3
TRADITIONAL BASES FOR PERSONAL JURISDICTION
- DEFENDANT DOMICILED IN FORUM STATE
- DEFENDANT CONSENTS TO JURISDICTION IN FORUM STATE
- DEFENDANT SERVED IN FORUM STATE
1
PLAINTIFF DEMAND FOR JURY TRIAL IN FEDERAL CASE MUST BE MADE NO LATER THAN
- 14 DAYS AFTER SERVICE OF LAST PLEADING RAISING A TRIABLE ISSUE OF FACT.
4
EQUITY CLEAN UP DOCTRINE IN CA
- WHERE MAIN QUESTION OF CASE IS EQUITABLE
- LEGAL FACTS ARE MERELY INCIDENTAL
- JUDGE MAY HEAR WHOLE CASE
- JURY WILL NOT BE REQUIRED.
2
JUDGMENT AS A MATTER OF LAW - FEDERAL
- AT TRIAL
- AFTER OPPOSING SIDE HAS PRESENTED ITS CASE
- OTHER SIDE FILES JMOL MOTION
- ARGUING INSUFFFICIENT EVIDENCE
- TO ALLOW REASONABLE PEOPLE TO AGREE WITH OPPOSING SIDE’S CASE
SUGAR
IS BAD FOR YOU
2
MOOTNESS AND CLASS ACTIONS
- WHERE AT LEAST ONE CLASS MEMBER STILL HAS INJURY
- CASE IS NOT MOOT
1
CALIFORNIA MUST HOLD CASE MANAGMENT CONFERENCE WITHIN
- 180 DAYS OF FILING COMPLAINT
1
FREE SPEECH REGULATION LIMITATION - VAGUENESS
- REASONABLE PERSON WOULD HAVE TO GUESS AT MEANING
2
FREEDOM OF ASSOCATION ONLY APPLIES TO ASSOCIATION WITH
- GROUPS AND ASSOCIATIONS PROTECTED BY FIRST AMENDMENT
- NOT SOCIAL GROUPS
2
ROUTINE STOP - TRAFFIC CHECKPOINTS ARE OK WHERE THEY ARE
- TESTING FOR COMPLIANCE WITH DRIVING LAWS
- USED FOR SPECIAL LAW ENFORCEMENT NEEDS
3
SEARCH WARRANT EXCEPTION - EXIGENT CIRCUMSTANCES
- IMMINENT INJURY TO PERSONS
- IMMINENT DESTRUCTION OF EVIDENCE
- HOT PURSUIT OF FLEEING FELON
1
MODERNY LARCENY CODIFICATION
- MODERNLY, MANY JURISDICTIONS CODIFY LARCENY AS THEFT.
2
CRIMINAL NEGLIGENCE
- CRIMINAL NEGLIGENCE IS A DELIBERATE GROSS DEVIATION FROM THE DUTY OF CARE
- EXERCISED BY A REASONABLY PRUDENT PERSON.
2
THE REDLINE RULE
- UNDER THE REDLINE RULE THE DEFENDATN MAY NOT BE CHARGED FOR THE HOMICIDES OF CO-FELONS CAUSED BY VICTIMS, BYSTANDERS OR POLICE
- DURING COMMISSION OF AN INHERENTLY DANGEROUS VIOLENT FELONY.
2
EXCITED UTTERANCE HEARSAY EXCEPTION
- STATEMENT RELATING TO STARTLING EVENT OR CONDTITION
- MADE WHILE DECLARANT WAS UNDER STRESS OF EXCITEMENT CASUED BY EVENT OR CONDITION.
5
SUFFICIENT OFFER UNDER THE COMMON LAW
- AT COMMON LAW, AN OFFER IS SUFFICIENT WHERE IT SPECIFIES THE PARTIES
- PRICE
- SUBJECT MATTER
- QUANTITY
- TIME OF PERFORMANCE.
6
COMMON LAW STATUTE OF FRAUDS - REQUIRES WRITING TO MAKE CONTRACTS FOR THE FOLLOWING SUBJECT MATTERS LEGALLY BINDING
- MARRIAGE
- CONTRACTS TAKING OVER A YEAR TO PERFORM
- CONTRACTS INVOLVING LAND
- EXECUTORY CONTRACTS
- SALES OF GOODS IN EXCESS OF $500.
- SURETY CONTRACTS
1
KEEPIGN UNEARNED RETAINER FEES
- ATTORNEY MAY NOT KEEP UNEARNED RETAINER FEES
3
CA - DUTY OF ATTORNEY WHO LEARNS CLIENT IS GOING TO COMMIT CRIME OR FRAUD
- ACT TO DISSUADE CLIENT FROM COMMITTING CRIME OR FRAUD
- WARN CLIENT THAT AUTHORITIES WILL BE TOLD IF CRIME OR FRAUD OCCURS
- REPORT CRIME IF KNOWS OCCURRED
3
TORTS - WHO IS AN AGGRESSOR?
- PARTY WHO STARTS THE FRACAS
- CONTINUES VIOLENCE DESPITE ATTEMPTED WITHDRAWAL
- SERIOUSLY ESCALATES THE COMBAT
2
VICARIOUS LIABILITY FOR JOINT ENTERPRISES ARISES WHERE PARTIES
- AGREE TO WORK TOGETHER FOR MUTUAL BENEFIT
- SHARING EQUAL CONTROL OVER JOINT ENTERPRISE’S ASSETS AND ACTIVITIES
1
MBE MISSED - TO CONSTITUTE ANTICIPATORY REPUDIATION - REPUDIATING PARTY MUST
- UNEQUIVOCALLY INDICATE THAT HE WILL NOT PERFORM HIS OBLIGATIONS UNDER THE CONTRACT
2
MBE MISSED - INTERMEDIATE SCRUTINTY FOR CONTENT NEUTRAL FORMS OF SPEECH REQUIRES
- ORDINANCE IS NARROWLY TAILORED TO ACHIEVE AN IMPORTANT GOVERNMENT INTEREST
- ALTERNATE CHANNELS OF COMMUNICATION FOR PLAINTIFF TO DISSEMINATE MESSAGE ARE LEFT OPEN
4
FRE 408 - STATEMENTS MADE DURING SETTLEMENT NEGOTIATIONS MAY BE ADMITTED TO SHOW
- BIAS
- PREJUDICE
- NEGATION OF CONTENTION OF UNDUE DELAY
- OBSTRUCTION OF JUSTICE
2
RIGHTS NOT INCORPORATED BY THE FOURTEENTH AMENDMENT
- SEVENTH AMENDMENT RIGHT TO JURY TRIAL IN CIVIL PROCEEDING
- FIFTH AMENDMENT RIGHT TO INDICTMENT BY GRAND JURY
1
FUTURE COVENANTS CONTAINED IN WARRANTY DEEDS ARE BREACHED WHEN
- THE GRANTEE IS DISTURBED IN POSSESSION
2
KEY DIFFERENCE BETWEEN AN EQUITABLE SERVITUDE AND A REAL COVENANANT
- SERVITUDE IS DESIGNED TO CREATE AN INJUNCTION TO ENFORCE THE SERVITUDE
- REAL COVENANT IS DESIGNED TO CREATE AN AWARD OF MONEY DAMAGES FOR ITS BREACH
1
FEE SUBJECT TO A CONDITION SUBJEQUENT - RIGHT GRANTOR OWNS IS
- RIGHT OF REENTRY
2
LUCAS AND ANTI-LUCAS - DEATH VS. DIVORCE
- LUCAS APPLIES FOR DEATH
- ANTI-LUCAS APPLIES TO DIVORCE
2
UNDER THE BEST EVIDENCE RULE, WHERE A WITNESS’ KNOWLEDGE EXISTS SOLELY FROM A DOCUMENT, THAT DOCUMENT
- MUST BE ADMITTED
- UNLESS THE ABSENCE OF THE DOCUMENT IS EXPLAINED OR EXCUSED
