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CA Bar Outlined and Numbered (with prompts) > deck Y (1187-1237) > Flashcards

deck Y (1187-1237) Flashcards

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MBE flashcards
1
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A
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2
Q

2

CORPORATION REQUIREMENTS TO BE SUBJECT TO 16B

A
  1. LISTED ON NATIONAL STOCK EXCHANGE
  2. OR HAVE 10 MILLION MORE IN ASSETS AND AT LEAST 500 SHAREHOLDERS
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3
Q

3

SEC - MISAPPROPRIATORS

A
  1. BREACH A DUTY OF TRUST AND CONFIDENCE
  2. OWED TO A SOURCE OF MATERIAL NON-PUBLIC CORPORATE INFORMATION
  3. WHEN THEY MAKE A TRADE OF A SECURITY INSTRUMENT BASED ON THIS MATERIAL NON-PUBLIC CORPORATE INFORMATION
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4
Q

2

CAPACITY REQUIREMENTS OF AGENT

A
  1. MINIMAL CAPACITY (MENTAL HEALTH OK)
  2. MINORS ARE OK
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5
Q

2

BUSINESS PARTHERSHIP - TITLED PROPERTY IS THE SEPARATE PROPERTY OF PARTNERS WHERE

A
  1. HELD IN INDIVIDUAL PARTNER’S NAMES
  2. AND PURCHASED WITH INDIVIDUAL PARTNER’S FUNDS
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6
Q

1

DOES LP CONTINUE TO EXIST DURING WINDING UP PERIOD?

A
  1. YES
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7
Q

2

THE SOURCE RULE -

TWO TRACING METHODS ALLOWED BY COURT

A
  1. EXHAUSTION METHOD
  2. DIRECT TRACING
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8
Q

3

SPECIAL CLASSIFICATIONS - PERSONAL INJURY - LIABILITY FOR TORTFEASOR SPOUSE WHO COMMITS TORT AGAINST SPOUSE

A
  1. TORTFEASOR SPOUSE’S SP MUST BE EXHAUSTED
  2. BEFORE CP IS USED
  3. TO DISCHARGE LIABILITY OF TORTFEASOR SPOUSE TO INNOCENT SPOUSE
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9
Q

3

UNMARRIED COHABITANTS - METHODS COURTS USE TO ALLOCATE PROPERTY OF COHABITANTS

A
  1. CONTRACT PRINCIPALS
  2. QUASI-CONTRACT
  3. TRUSTS
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10
Q

3

CHARITABLE TRUST

A
  1. MADE FOR A CHARITABLE PURPOSE
  2. MUST BENEFIT SOCIETY AT LARGE
  3. WHERE PURPOSE FAILS - APPLY CY PRES DOCTRINE
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11
Q

1

EXPECTATION DAMAGES

A
  1. COMPENSATE PLAINTIFF FOR EXPECTED BENEFIT OF THE BARGAIN
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12
Q

3

LEGAL RESITUTION FOR BREACH OF CONTRACT AWARDED WHERE

A
  1. DEFENDANT DERIVED BENEFIT FROM PLAINTIFF
  2. JUSTICE DEMANDS PLAINTIFF BE COMPENSATED FOR BENEFIT
  3. OR PLAINTIFF WANTS HER PROPERTY BACK
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13
Q

3

GROUNDS FOR CONTRACT REFORMATION

A
  1. MISREPRESENTATION
  2. MUTUAL MISTAKE
  3. UNILATERAL MISTAKE (NONMISTAKEN PARTY KNEW OR SHOULD HAVE KNOWN OF MISTAKE)
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14
Q

3

REMEDY FOR VOLUNTARY WASTE

A
  1. DIMINUTION IN VALUE
  2. COST OF REPAIR
  3. AND/OR INJUNCTION
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15
Q

2

COMMINGLING RULES AND EQUITABLE LIENS

A
  1. PROPERTY NEED NOT BE TRACEABLE TO ITS ORIGINAL FORM
  2. COMMINGLING OK
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16
Q

1

RINGS GO ON YOUR

A

FINGERS

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17
Q

1

ADVERSE POSSESSION DEFINITION

A
  1. A MEANS OF TAKING TITLE TO REAL PROPERTY THROUGH THE OPERATION OF THE STATUTE OF LIMITATIONS FOR TRESPASS
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18
Q

1

DATE OF ACCEPTANCE OF DEED

A
  1. OCCURS ON THE DATE DEED DELIVERED INTO ESCROW UNLESS PARTIES EXPRESSLY AGREE OTHERWISE.
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19
Q

5

FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION

A
  1. OWNERSHIP - POTENIALLY INFINITE, SUBJECT TO OCCURENCE OF POSSIBLE EVENT
  2. TRANSFERABILITY - ALIENABLE, DEVISABLE, DESCENDIBLE, SUBJECT TO CONDITION
  3. FUTURE INTEREST GRANTOR OWNS - SHIFTING EXECUTORY INTEREST
  4. FUTURE INTEREST THIRD PARTY OWNS - SPRINGING EXECUTORY INTEREST
  5. CREATED BY - WORDS OF CONDITION
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20
Q

1

ACTUAL PARTIAL EVICTION OCCURS WHERE

A
  1. LANDLORD MAKES IT PHYSICALLY IMPOSSIBLE TO OCCUPY PART OF THE PREMISES
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21
Q

1

REAL COVENANT - INTENT REQUIREMENT

A
  1. ORIGINAL CONVENANTING PARTIES MUST HAVE INTENDED SUCCESSORS-IN-INTEREST TO BE BOUND BY THE COVENANT.
22
Q

2

WHEN MAY THE GOVERNMENT GRANT VARIANCE ON ZONING ORDINANCES?

A
  1. UNDUE HARDSHIP
  2. VARIANCE WON’T WORK DETRIMENT TO SURROUNDING PROPERTY VALUES
23
Q

3

TRADITIONAL BASES FOR PERSONAL JURISDICTION

A
  1. DEFENDANT DOMICILED IN FORUM STATE
  2. DEFENDANT CONSENTS TO JURISDICTION IN FORUM STATE
  3. DEFENDANT SERVED IN FORUM STATE
24
Q

1

PLAINTIFF DEMAND FOR JURY TRIAL IN FEDERAL CASE MUST BE MADE NO LATER THAN

A
  1. 14 DAYS AFTER SERVICE OF LAST PLEADING RAISING A TRIABLE ISSUE OF FACT.
25
Q

4

EQUITY CLEAN UP DOCTRINE IN CA

A
  1. WHERE MAIN QUESTION OF CASE IS EQUITABLE
  2. LEGAL FACTS ARE MERELY INCIDENTAL
  3. JUDGE MAY HEAR WHOLE CASE
  4. JURY WILL NOT BE REQUIRED.
26
Q

2

JUDGMENT AS A MATTER OF LAW - FEDERAL

A
  1. AT TRIAL
  2. AFTER OPPOSING SIDE HAS PRESENTED ITS CASE
  3. OTHER SIDE FILES JMOL MOTION
  4. ARGUING INSUFFFICIENT EVIDENCE
  5. TO ALLOW REASONABLE PEOPLE TO AGREE WITH OPPOSING SIDE’S CASE
27
Q

SUGAR

A

IS BAD FOR YOU

28
Q

2

MOOTNESS AND CLASS ACTIONS

A
  1. WHERE AT LEAST ONE CLASS MEMBER STILL HAS INJURY
  2. CASE IS NOT MOOT
29
Q

1

CALIFORNIA MUST HOLD CASE MANAGMENT CONFERENCE WITHIN

A
  1. 180 DAYS OF FILING COMPLAINT
30
Q

1

FREE SPEECH REGULATION LIMITATION - VAGUENESS

A
  1. REASONABLE PERSON WOULD HAVE TO GUESS AT MEANING
31
Q

2

FREEDOM OF ASSOCATION ONLY APPLIES TO ASSOCIATION WITH

A
  1. GROUPS AND ASSOCIATIONS PROTECTED BY FIRST AMENDMENT
  2. NOT SOCIAL GROUPS
32
Q

2

ROUTINE STOP - TRAFFIC CHECKPOINTS ARE OK WHERE THEY ARE

A
  1. TESTING FOR COMPLIANCE WITH DRIVING LAWS
  2. USED FOR SPECIAL LAW ENFORCEMENT NEEDS
33
Q

3

SEARCH WARRANT EXCEPTION - EXIGENT CIRCUMSTANCES

A
  1. IMMINENT INJURY TO PERSONS
  2. IMMINENT DESTRUCTION OF EVIDENCE
  3. HOT PURSUIT OF FLEEING FELON
34
Q

1

MODERNY LARCENY CODIFICATION

A
  1. MODERNLY, MANY JURISDICTIONS CODIFY LARCENY AS THEFT.
35
Q

2

CRIMINAL NEGLIGENCE

A
  1. CRIMINAL NEGLIGENCE IS A DELIBERATE GROSS DEVIATION FROM THE DUTY OF CARE
  2. EXERCISED BY A REASONABLY PRUDENT PERSON.
36
Q

2

THE REDLINE RULE

A
  1. UNDER THE REDLINE RULE THE DEFENDATN MAY NOT BE CHARGED FOR THE HOMICIDES OF CO-FELONS CAUSED BY VICTIMS, BYSTANDERS OR POLICE
  2. DURING COMMISSION OF AN INHERENTLY DANGEROUS VIOLENT FELONY.
37
Q

2

EXCITED UTTERANCE HEARSAY EXCEPTION

A
  1. STATEMENT RELATING TO STARTLING EVENT OR CONDTITION
  2. MADE WHILE DECLARANT WAS UNDER STRESS OF EXCITEMENT CASUED BY EVENT OR CONDITION.
38
Q

5

SUFFICIENT OFFER UNDER THE COMMON LAW

A
  1. AT COMMON LAW, AN OFFER IS SUFFICIENT WHERE IT SPECIFIES THE PARTIES
  2. PRICE
  3. SUBJECT MATTER
  4. QUANTITY
  5. TIME OF PERFORMANCE.
39
Q

6

COMMON LAW STATUTE OF FRAUDS - REQUIRES WRITING TO MAKE CONTRACTS FOR THE FOLLOWING SUBJECT MATTERS LEGALLY BINDING

A
  1. MARRIAGE
  2. CONTRACTS TAKING OVER A YEAR TO PERFORM
  3. CONTRACTS INVOLVING LAND
  4. EXECUTORY CONTRACTS
  5. SALES OF GOODS IN EXCESS OF $500.
  6. SURETY CONTRACTS
40
Q

1

KEEPIGN UNEARNED RETAINER FEES

A
  1. ATTORNEY MAY NOT KEEP UNEARNED RETAINER FEES
41
Q

3

CA - DUTY OF ATTORNEY WHO LEARNS CLIENT IS GOING TO COMMIT CRIME OR FRAUD

A
  1. ACT TO DISSUADE CLIENT FROM COMMITTING CRIME OR FRAUD
  2. WARN CLIENT THAT AUTHORITIES WILL BE TOLD IF CRIME OR FRAUD OCCURS
  3. REPORT CRIME IF KNOWS OCCURRED
42
Q

3

TORTS - WHO IS AN AGGRESSOR?

A
  1. PARTY WHO STARTS THE FRACAS
  2. CONTINUES VIOLENCE DESPITE ATTEMPTED WITHDRAWAL
  3. SERIOUSLY ESCALATES THE COMBAT
43
Q

2

VICARIOUS LIABILITY FOR JOINT ENTERPRISES ARISES WHERE PARTIES

A
  1. AGREE TO WORK TOGETHER FOR MUTUAL BENEFIT
  2. SHARING EQUAL CONTROL OVER JOINT ENTERPRISE’S ASSETS AND ACTIVITIES
44
Q

1

MBE MISSED - TO CONSTITUTE ANTICIPATORY REPUDIATION - REPUDIATING PARTY MUST

A
  1. UNEQUIVOCALLY INDICATE THAT HE WILL NOT PERFORM HIS OBLIGATIONS UNDER THE CONTRACT
45
Q

2

MBE MISSED - INTERMEDIATE SCRUTINTY FOR CONTENT NEUTRAL FORMS OF SPEECH REQUIRES

A
  1. ORDINANCE IS NARROWLY TAILORED TO ACHIEVE AN IMPORTANT GOVERNMENT INTEREST
  2. ALTERNATE CHANNELS OF COMMUNICATION FOR PLAINTIFF TO DISSEMINATE MESSAGE ARE LEFT OPEN
46
Q

4

FRE 408 - STATEMENTS MADE DURING SETTLEMENT NEGOTIATIONS MAY BE ADMITTED TO SHOW

A
  1. BIAS
  2. PREJUDICE
  3. NEGATION OF CONTENTION OF UNDUE DELAY
  4. OBSTRUCTION OF JUSTICE
47
Q

2

RIGHTS NOT INCORPORATED BY THE FOURTEENTH AMENDMENT

A
  1. SEVENTH AMENDMENT RIGHT TO JURY TRIAL IN CIVIL PROCEEDING
  2. FIFTH AMENDMENT RIGHT TO INDICTMENT BY GRAND JURY
48
Q

1

FUTURE COVENANTS CONTAINED IN WARRANTY DEEDS ARE BREACHED WHEN

A
  1. THE GRANTEE IS DISTURBED IN POSSESSION
49
Q

2

KEY DIFFERENCE BETWEEN AN EQUITABLE SERVITUDE AND A REAL COVENANANT

A
  1. SERVITUDE IS DESIGNED TO CREATE AN INJUNCTION TO ENFORCE THE SERVITUDE
  2. REAL COVENANT IS DESIGNED TO CREATE AN AWARD OF MONEY DAMAGES FOR ITS BREACH
50
Q

1

FEE SUBJECT TO A CONDITION SUBJEQUENT - RIGHT GRANTOR OWNS IS

A
  1. RIGHT OF REENTRY
51
Q

2

LUCAS AND ANTI-LUCAS - DEATH VS. DIVORCE

A
  1. LUCAS APPLIES FOR DEATH
  2. ANTI-LUCAS APPLIES TO DIVORCE
52
Q

2

UNDER THE BEST EVIDENCE RULE, WHERE A WITNESS’ KNOWLEDGE EXISTS SOLELY FROM A DOCUMENT, THAT DOCUMENT

A
  1. MUST BE ADMITTED
  2. UNLESS THE ABSENCE OF THE DOCUMENT IS EXPLAINED OR EXCUSED

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

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