Essay Wrong Answers Flashcards
CORPORATIONS:
When a special meeting for a corporation is being held, how much notice are shareholders entitled to and how should they be notified?
Shareholders, even those not entitled to vote, must be notified within at least 10 days in writing stating the purpose of the meeting for fundamental changes
CORPORATIONS:
How can a proxy be appointed?
ONLY in writing
CORPORATIONS:
What must be present in order for a vote to occur.
unless the Articles provide otherwise, a quorum of at least a majority of shares must be present for a vote
CRIMINAL:
How should a 4th Amendment essay start?
The 4th Amendment is applicable to the states through the Due Process Clause of the 14th Amendment and prohibits unreasonable seizures.
CRIMINAL:
How should an involuntary confession essay start?
An involuntary confession will be suppressed as a violation of the Due Process Clause of the 14th Amendment
CRIMINAL:
How is it determined whether a confession is involuntary?
under the totality of circumstances
SECURED TRANSACTIONS:
May a secured party purchase collateral a private sale?
Generally yes, if collateral is the type customarily sold in recognized market and was not subject to widely distributed price quotations.
TRUSTS:
How are assignments of trusts treated by common law vs. the Uniform Probate Code (UPC)
COMMON LAW: the settlor prohibiting assignments will be followed and assignee will not take.
UPC: the intent of the donee will be followed and assignee would most likely take
TRUSTS:
if a beneficiary of a spendthrift trust attempts to assign his interest in the trust, can the assignee enforce the assignment over the beneficiary’s later objection?
No and the purported assignment would be revocable
TRUSTS:
If a spendthrift trust is assigned against the beneficiary’s objection, is the assignment void?
Only if the assignment is retracted, the beneficiary can waive his right to object
