deck Z (1238-1288) Flashcards
3
DEEP ROCK DOCTRINE
- CORPORATION IS INSOLVENT
- 3RD PARTY CREDITORS PAID FIRST
- SHAREHOLDER CLAIMS SUBORDINATE
4
AGENT’S DUTY OF LOYALTY - CONFLICT OF INTEREST PROHIBITIONS
- NO SELF -DEALING
- NO USURPING OPPORTUNITIES
- NO SECRET PROFIT
- NO COMMINGLING FUNDS
3
FIDUCIARY DUTIES OF PARTNERS IN A LLP
- DUTY OF CARE
- DUTY OF LOYALTY
- DUTY TO DISCLOSE
5
DISSOLUTION OF LLC
A SPLIT AUTHORITY
- COMMON LAW - DISSASSOCIATE A MEMBER AND IT DISSOLVES THE LLC
- MODERNLY, DISSOLUTION ONLY CAUSED BY OPERATING AGREEMENT
- OR CONSENT BY ALL MEMBERS
- OR EVENT MAKING LLC’S BUSINESS ILLEGAL
- JUDICIAL DECREE
3
COMMUNITY PROPERTY - CONTRIBUTIONS USED TO IMPROVE SPOUSE’S OWN SEPARATE PROPERTY - COMMUNITY IS REIMBURSED FOR
- INCREASED VALUE OF SEPARATE PROPERTY
- OR REIMBURSED FOR AMOUNT CONTRIBUTED
- WHICHEVER IS GREATER
5
APPORTIONMENT PARAGRAPH FOR DIVISION OF
SP BUSINESS ASSETS
- TO APPORTION BETWEEN
- SP SHARE OF BUSINESS MANAGER SPOUSE BROUGHT TO MARRIAGE
- AND VALUE ADDED TO SP BUSINESS AFTER MARRIAGE BY COMMUNITY RESOURCES,
- COURTS HAVE DEVELOPED TWO ACCOUNTING METHODS:
- VAN CAMP AND PEREIRA.
2
FRAUD IN THE EXECUTION OCCURS WHEN TESTATOR IS UNAWARE
- HE IS SIGNING A WILL
- HE IS SIGNING A FORGED WILL
4
OUTSIDE WRITING MAY BE INCORPORATED BY REFERENCE INTO THE WILL WHERE:
- WRITING EXISTED WHEN WILL EXECUTED
- WILL MANIFESTS INTENT TO INCORPORATE WRITING
- WILL SUFFICIENTLY DESCRIBES WRITING TO IDENTIFY IT
- WRITING ITSELF NEED NOT BE VALID
4
CODICIL - ELEMENTS
- AMENDMENT TO AN EXISTING WILL
- MADE TO CHANGE, EXPLAIN OR REPUBLISH
- SAME FORMALITY REQUIREMENTS AS WILLS AND HOLOGRAPHIC WILLS
- REPUBLISHES WILL AS OF THE DATE OF THE CODICIL
3
REVIVAL OF WILL
- A WILL IS REVOKED
- A SUBSEQUENT WILL IS REVOKED
- REVIVAL OF FIRST WILL WHERE CLEAR EVIDENCE OF TESTATOR’S INTENT TO REVIVE.
4
WILL CONTRACTS - METHODS OF PROVING VALIDITY OF CONTRACT
- PROVISION IN WILL STATES MATERIAL PROVISIONS OF CONTRACT OR
- EXPRESS REFERENCE IN WILL OR OTHER INSTRUMENT TO A CONTRACT W/EXTRINSIC EVIDENCE PROVING TERMS OR
- WRITING SIGNED BY DECEDENT EVIDENCING CONTRACT OR
- CLEAR AND CONVINCING EVIDENCE OF AGREEMENT ENFORCEABLE AT EQUITY
1
LIQUIDATED DAMAGES ARE AGREED TO BY
- STIPULATION IN THE CONTRACT
4
ELEMENTS OF ADVERSE POSSESSION
- OPEN AND NOTORIOUS POSSESSION
- ACTUAL AND EXCLUSIVE POSSESSION
- CONTINUOUS POSSESSION FOR STATUATORY PERIOD
- HOSTILE POSSESSION
2
ADVERSE POSSESSION - CONTINUOUS REQUIREMENTS
- OWNER MAY NOT ENTER LAND DURING STATUATORY PERIOD TO REGAIN POSSESSION
- CONSTANT USE NOT REQUIRED AS LONG AS OCCUPIER’S USE IS TYPICAL OF AN OWNER OF SUCH LAND.
1
REAL COVENANT - VERTICAL PRIVITY REQUIREMENT
- SUCCESSOR IN INTEREST MUST OWN THE ENTIRE ESTATE OWNED BY THE ORIGINAL COVENANTING PARTY.
1
WATER RIGHTS - CIVIL LAW RULE
- OWNER HAS STRICT LIABILITY FOR INTERFERENCE WITH NATURAL WATERWAYS
2
TYPES OF SUPPLEMENTAL JURISDICTION
- ANCILLARY JURISDICTION - COURT ASSERTS JX OVER DEFENDANT’S CROSS CLAIM OR COUNTERCLAIM.
- PENDENT JURISDICTION - INSUFFICENT SUBJECT MATTER JX CLAIM JOINED TO A SUFFICIENT SUBJECT MATTER JX CLAIM.
3
CALIFORNIA REQUIREMENT FOR AFFIRMATIVE DEFENSES IN ANSWER - DEFENDANT MUST PROVIDE
- FACTUAL DETAIL
- FOR EACH ELEMENT
- OF EACH AFFIRMATIVE DEFENSE.
2
INVOLUNTARY DISMISSAL MAY BE ORDERED BY THE COURT FOR
- FAILURE TO PROSECUTE
- FAILURE TO COMPLY WITH A COURT ORDER
4
COLLATERAL ESTOPPEL WILL APPLY WHERE
- ISSSUE IS IDENTICAL TO ISSUE IN PRIOR CASE.
- ISSUE WAS ACTUALLY LITIGATED IN PRIOR CASE.
- FINAL JUDGMENT ON THE MERITS IN PRIOR CASE
- ISSUE WAS ESSENTIAL TO THE JUDGMENT
3
SUBSTANTIVE DUE PROCESS LIMITS GOVERNMENT’S ABILITY TO REGULATE
- PERSONAL AUTONOMY
- PRIVACY
- RIGHTS SUBSTANTIVE INTERESTS IN LIFE, LIBERTY AND PROPERTY
2
TAKINGS CLAUSE - PER SE TAKING OCCURS WHEN
- PERMANENT PHYSICAL INVASION OF PROPERTY
- TOTAL DENIAL OF ECONOMICALLY BENEFICIAL USE OF PROPERTY
3
FREE SPEECH REGULATION LIMITATION - PRIOR RESTRAINT ONLY ALLOWED WHERE
- IRREPERABLE AND SERIOUS HARM TO PUBLIC WILL OCCUR
- NARROWLY DRAWN STANDARDS
- FINAL DETERMINATION OF VALIDITY
2
FIRST AMENDMENT FREEDOM OF ASSOCIATION
- NOT EXPRESSLY STATED
- BUT THE RIGHT TO EXPRESSIVE ASSOCIATION WITH GROUPS ENGAGING IN CONSTITUTIONALLY PROTECTED ACTIVITIES.
3
MILLER TEST FOR OBSCENITY
- APPEALS TO PRURIENT INTERESTS (COMMUNITY STANDARD)
- PATENTLY OFFENSIVE UNDER LAWS LIMITING OBSCENITY (COMMUNITY STANDARD)
- SERVES NO SLAP VALUE (NATIONAL STANDARD)
4
INVASION OF PRIVACY TORTS
- INTRUSTION INTO SECLUSION
- PUBLIC DISCLOSURE OF PRIVATE FACTS
- FALSE LIGHT PUBLICITY
- APPROPRIATION OF NAME OR LIKENESS
1
JOINT AND SEVERAL LIABILITY AND U.S. SUPREME COURT RULING ON JOINDER - POTENTIAL DEFENDANT WHO MAY BE JOINTLY AND SEVERALLY LIABLE - IS NOT
- A NECESSARY PARTY WHO MUST BE JOINED.
3
COMMON LAW CONSPIRACY
- A SPECIFIC INTENT CRIME
- TWO OR MORE PERSONS AGREE
- TO WORK TOGETHER TO ACCOMPLISH AN ILLEGAL GOAL
2
COMMON LAW SOLICITATION
- A SPECIFIC INTENT CRIME
- WHERE DEFENDANT URGES ANOTHER PERSON TO COMMIT A CRIMINAL ACT.
4
COMMON CARRIER DOCTRINE AND EMBEZZLEMENT
- UNDER THE COMMON CARRIER DOCTRINE
- COMMON CARRIERS ARE LAWFULLY ENTRUSTED WITH POSSESSION OF PASSENGERS’ PERSONAL PROPERTY
- MAKING THEFT BY CARRIER’S EMPLOYEES EMBEZZLEMENT
- EVEN WHERE PROPERTY IS “LOST”.
2
DEFENSE OF SELF
- DEFENDANT IS PRIVILEGED TO USE REASONABLE FORCE TO DEFEND HIMSELF
- WHERE HE IS NOT THE AGGRESSOR.
3
PERJURY IS THE CRIME OF
- WILLFULLY GIVING A FALSE STATEMENT
- WITH THE SPECIFIC INTENT TO LIE UNDER OATH
- IN A JUDICIAL PROCEEDING.
1
MALICIOUS MISCHIEF
- MALICIOUS MISCHIEF IS THE WILLFUL OR WANTON DESTRUCTION OF VICTIM’S PROPERTY.
1
IMPERFECT SELF-DEFENSE - A DEFENDANT MAY RAISE THE DEFENSE OF AN IMPERFECT SELF-DEFENSE WHERE HE ACTED
- TO DEFEND HIMSELF BASED ON AN UNREASONABLE BELIEF.
3
TRANSFERRED INTENT
- UNDER THE DOCTRINE OF TRANSFERRED INTENT, DEFENDANT’S CRIMINAL INTENT WILL BE TRANSFERRED FROM THE INTENDED PERSON OR OBJECT
- TO THE INJURED PERSON OR OBJECT
- AND CRIMINAL LIABILITY WILL FOLLOW.
4
PRESENT RECOLLECTION REFRESHED
- WITNESS HAS INCOMPLETE RECOLLECTION
- LEADING QUESTION OR WRITING
- WITNESS REVIEWS WRITING AND RETURNS TO COUNSEL
- WITNESS TESTIFIES AS TO PRESENT RECOLLECTION
1
PUBLIC RECORDS EXCEPTION AND CRIMINAL INVESTIGATION
- MATTERS OBSERVED BY POLICE OFFICERS AND OHTER LAW ENFORCEMENT ARE NOT ADMISSIBLE UNDER THE PUBLIC RECORDS HEARSAY EXCEPTION.
2
MBE - DORMANT COMMERCE CLAUSE AND MARKET PARTICIPANT STATE EXCEPTION
- WHERE STATE IS A MARKET PARTICIPANT
- IT MAY PREFERENCE IN STATE PARTIES.
3
GRATUITOUS ASSIGNMENTS ARE REVOCABLE UNTIL
- THE ASSIGNMENT IS MADE IN WRITING
- OR A TOKEN CHOSE IS DELIVERED
- OR DETRIMENTAL RELIANCE OCCURS
1
CONDITION PRECEDENT
- A CONDITION THAT MUST OCCUR FOR THE PERFORMANCE DUTY TO RIPEN.
2
OFFER
- A MANIFESTATION OF PRESENT CONTRACTUAL INTENT
- SO CERTAIN IN TERMS THAT A REASONABLE PERSON WOULD CONCLUDE ASSENT WOULD FORM A BARGAIN
2
ABA - CONTINGENCY FEES NOT ALLOWED WHERE
- DIVORCE OR DOMESTIC RELATIONS
- CRIMINAL
5
EXCEPTIONS TO ATTORNEY CLIENT PRIVILEGE
- DUTY OF CONFIDENTIALITY
- CRIME OR FRAUD
- SUIT AGAINST CLIENT
- COMPETENCY OR INTENTION OF TESTATOR
- CA - PREVENT SUBSTANTIAL BODILY INJURY OR DEATH
1
DUTY BASED ON PERIL ARISES WHERE DEFENDANT CREATES
- REASONABLY FORESEEABLE DANGER TO OTHERS
4
LIABILITY FOR INTERFERENCE WITH CONTRACT ARISES WHERE DEFENDANT
- KNEW CONTRACT EXISTED BETWEEN PLAINTIFF AND THIRD PARTY
- INTENTIONALLY DISRUPTED PERFORMANCE OF CONTRACT
- PREVENTED PERFORMANCE OR MADE IT MORE DIFFICULT
- WAS A SUBSTANTIAL FACTOR IN PLAINTIFF’S RESULTING HARM
3
DEED DELIVERY AND PASSING OF TITLE TO PROPERTY - TITLE PASSES
- UPON PROPER DELIVERY OF DEED
- ACCEPTANCE IS PRESUMED IN MOST JURISDICTIONS
- BUT REJECTION BY GRANTEE DEFEATS DELIVERY
3
PERIODIC TENANCY - TERMINATION NOTICE REQUIREMENT
- WRITTEN NOTICE
- EQUAL TO LENGHTH OF LEASE
- UNLESS YEARLY LEASE, THEN SIX MONTHS NOTICE IS REQUIRED
1
FOR FINDING INTENT TO OPERATE AS CO-OWNERS OF A BUSINESS FOR PROFIT - THIS WILL NEVER BE USED
- SHARING JOINT REVENUE
2
IN CRIMINAL CASES, DEFENDANTS ARE GRANTED A RIGHT TO CONFRONT ADVERSE WITNESSES UNDER THE
- CONFRONTATION CLAUSE
- OF THE SIXTH AMENDEMENT
1
PROPERTY ACQUIRED POST SEPARATION IS TREATED AS
- SEPARATE PROPERTY
2
OBJECTION - CALLS FOR SPECULATION IS USED WHERE A QUESTION
- INVITES WITNESS TO SPECULATE
- OR ANSWER ON BASIS OF CONJECTURE
