Good phrases to review on tuesday Flashcards
Class gift
A gift to a group of persons described collectively, typically by their relationship to a common ancestor.
The actuarial value of Husband’s interest is only $150,000. Would any amt distributed to him above that amount by Trustee, on termination of the trust, be a breach of FD?
No. If Bs consent. If trust beneficiaries properly terminate a trust, trust assets vest in them. After termination, the beneficiaries may themselves distribute trust assets in any manner they choose. They may also direct a trustee to distribute trust assets as their agent. A trustee who complies with such directions does not violate any fiduciary duty. S
Does a prenup bar a future gift in a will?
No, it prevents only involuntary transfers, it does not prevent a gift in a will.
Personal representative
Individual in decedent’s will that has priority from the court in overseeing the administration of the estate. Where will silent, the court will appoint a person granted priority under the governing statute if that person is otherwise qualified. Typically, surviving spouse is the individual w/ priority. UPC says surviving spouse has priority only if the spouse is a devisee of decedent.
Modifying a support award
Personal jx does not confer Subject matter jx over a child support modification. Under UIFSA, the state that has original jx has continuing exclusive jx unless all move out of state or all the parties consent to jx in the new state.
If a wife is served in state A when dropping kid off at ex-husbands house can he personally serve her for a divorce property dispute?
Yes. That state can exercise PJ over her because she was personally served in the state.
Propsective modification of child support order is avaliable only when petitioner can show:
sub change in cir.
Is a significant decrease in income a substantial change for the purpose of modification of a support award?
Yes. But when a parent seeks to modify a child support obligation because he has voluntarily reduced his income, a court will not modify the obligation based solely on the income loss. And some courts refuse to modify when the loss was voluntary.
Is a property distribution award in divorce modifiable?
No. not subject to post divorce modification. “the past can be ascertained”
Implied in fact contract What are some examples?
formed by manifestation of assent other than oral or written language (eg. by conduct). 1. Guy sits in barber’s chair and baber cuts his hair. 2. K between neighbor and landscaper, landscaper accidentally performs work on neighbors yard while neighbor looks on.
When there is a minor breach but substantial performance, can the non breaching party sue for breach of contract?
YES. Must still perform (obligation not discharged) but can sue for damages for any damages caused by the delay.
Are Miranda warnings required at Terry stops?
Nope. not an custodial interrogation.
is being a brick mason substantially similar to being a day laborer? If not, what can the guy recover?
No. The full K price.
Do all encumberances render title unmarketable?
No. Only ones that would subject the new owner to the risk of litigation
Accessions - Secured Credit - Priority Rule and Perfection
Accession = part of whole w/ SI
Perfected by NoLoCoT
SI in whole > SI in accession
Self help in accounts
C can notify in Signed Writing to account Ds to make payment to secured party rather than D.
Payment to D won’t discharge obligation.
Written notice of resale of collateral required unless:
collateral rapidly depleting.
Can you argue that debtor had duty to mitigate if secured party does not comply with Art 9 resale of collateral?
Yep. C can argue D had duty to mitigate + breached duty by not bidding @ sale.
If SI in $$, how do you perfect?
Only by possession
If collateral is real estate, where do you file UCC1?
Make a county filing where RE is located.
Does a debtor have to authorize a continuation statement?
No.
Priority Rules for Fixtures
1st in time between fixture and real estate filing.
Unless:
- PMSI in fixture, filed w/in 20 days after debtor receives rights in the collateral.
- If construction mortgage > PMSI in fixture.
When can LE commit Ameliorative waste?
- All remaindermen consent
or - SUB ∆ in neighborhood –> current use is useless
Defense to Common Development Scheme enforcement?
∆ in conditions
Charity exception applies to RAP when:
FSSEL to charity and EI to different charity
Rule of convenience
If silent, class closes when any member can demand possession, except Womb Rule
Do Co-Ts have a right of contribution for improvments made on the land?
No, but if partition, get credit for any improvement in property value or dimunition if results in loss
When lease expressly provides that T must repair. Can T end lease if destruction w/o Ts fault?
Yes.
What are you liable for if you remove a fixture?
Voluntary waste
Whats the important distinction between constructive eviction and breach of IWH?
Constructive eviction must leave, IWH dont have to leave (MR3)
When does statutory period run against future interest holders for AP?
When interest becomes possessory
Have to file suit to quiet title to:
- convey? T/F
- have marketable title? T/F
False.
True.
Will an adverse possessor will prevail over a subsequent BFP who complies with the recording act?
YES. Adverse possessor will prevail over a subsequent BFP who complies with the recording act because there is no document that the interest holder could record
Remedy for overuse/misuse of easement? for profit?
- owner of ST can get injunction, does not cancel easement
- Can be terminated through surcharge - misuse that overly burdens ST
Are licenses subject to SoF? are they alienable? what if the thing says “to heirs and assigns,” could that create a license?
No, no, no.
If transfer deed with oral condition, does the oral condition drop out? Can you validly deliver w/ escrow conditions?
Yes. but, yes.
Marketable title defects
FAZE
- Future interests w/o agreement
- AP unquieted
- Zoning violation
- Encumbrances (servitudes, mortgages) (NOT an easement that is beneficial, visible, or known)
Buyer bears risk between time of land sale K and close for what $$ amount:
Full K price, not just FMV!
Race notice
BFP when take + win to record.
Mortgage Priority
Dedication of Land for Public Use
- Dedication (SOW)
Submission of map/plot,
Open land for public use,
Written/oral statement of dedication
- Acceptance (FAM)
Formal resolution
Approval of map/plot
Maintenance or construction of improvements
Can be accepted @ any time unless revoked
constructive notice not required for public user to win
Does former testimony hearsay exception apply to testimony from grand jury?
No, no opp for cross.
Do you need PK for an admission of party opponent?
No.
No PK, no AI WM, can be opinion.
Are defamatory words hearsay?
No. VA LOF - not offered to prove the truth of the matter asserted
Public Records Exception to Hearsay
Public agency activity
Official investigation fact finding
Duty imposed by law
Past Recollection Recorded - when does it come into evidence as an exhibit?
APEx
Adverse Party, offers as Exhibit
PRISM
Privilege Asserted
Refusal to testify
Incapacity
Subpeona - no comply with
Memory - lack of
Legal Relevance Test
PV SuBO DUP
Methods to Prove Doc Author
HAKS
Handwriting,
Ancient Doc Rule,
Knowledge (Personal),
Solicited Reply Doctrine
Proof of Handwriting
JEL
jury, expert, lay
