final review

Question 1

FSC will ususally be enforced unless

Answer 1

1, no sub relatinship to the parties choice

2. contrary to fundamental public policy of state with greater interest

Question 2

11A prohibits federal courts from

Answer 2

hearing private actions v state gove. Includes when the state is a party or in which state will have to pay retroactive damages unless

SW π 3.14

Question 3

A school that opens its facilities to religious speech assembly under a content netural policy does or does not violate EstC?

Answer 3

does not.

Question 4

Note when PED question

Answer 4

PED, talk about exceptions.

Then say: Some courts will allow for mutual recission and entry into new K.

UCC: good faith mod, limit: extortion, bad faith

Question 5

Traditionally courts would not allow recovery for loss busienss profits not yet started, but modern trend is to allow for recovery if suff evidence to determine profits with reasonable certainity T/F

Answer 5

True

Question 6

only limit on BoD for not giving distributions:

Answer 6

bad faith, SH must prove

Question 7

False Pretenses

Answer 7

TO, P, Kor I State of PFE, ITD (intended V to rely)

Question 8

Opinions by lay witness

Answer 8

generally inadmissible, unless 1) H2J 2) PK 3) not SAAT

Question 9

Impeachement

Answer 9

casting adverse reflection of veracity of W.

CAFVW.

Question 10

Past sexual conduct in rape case inadmissible generally unless

Answer 10

in civil case, PV SubO DUP

Question 11

Counsel can impeach by cross of PBAU if

Answer 11

good faith basis for questioning

Question 12

General policy of courts to avoid forfeitirue of estates, this where terms are ambiguougs, presume FSSCS beacuse forfeiture not automatic. t/f

Answer 12

true.

Question 13

if obligation to make future advances by m’ee, then:

if no obligation:

Answer 13

treat as ahead of junior

Only ahead of junior for ones that were there before junior attached

Question 14

Does trustee have right to refuse to pay bills necessary for Bs support in a support trust?

Answer 14

NOOOO

Question 15

Clafin cant apply to a spendthrift trust because

Answer 15

the material purposed would be waived

Question 16

In most states, disclaimer of a trust is not valid unless

Answer 16

in writing and done within 9 months of decedents death

Question 17

options in DoL violations of T

Answer 17

set aside, recover or ratify the transaction

Question 18

integration requires

Answer 18

presence of all + intent. Presumed when internal coherence and set out orderly dispositional plan. can use EE and witness testimony to prove.

Question 19

Whehter a seizure is reasonable depends on:

Answer 19

the scope (arrest v invest detention) and the strength of the suspicion (pc v ras)