Jul 2023 Flashcards
What defenses does locality have to tort claim?
Sovereign immunity if it’s a government function.
What’s a gov function
Something that protects the health, safety, and welfare of citizens.
Is operating fire department and ambulance service a gov function?
Yes
If gov employee is grossly negligent or intentional misconduct, does gov lose sovereign immunity?
No, not liable for gross negligence or intentional misconduct of EEs.
Are transfers between H and W presumed to be fraudulent?
Yes
If H-W transfer presumed fraudulent, what happens to the transaction?
Voidable if current or future creditors sue
How can H-W presumption of fraud be rebutted?
W gave consideration OR
Bona fide gift
BOP for motion to set aside transfer as fraudulent or voluntary?
Clear, cogent, and convincing evidence of fraudulent intent
Conveyance may be voided for benefit of any creditor unless
Conveyance made to BFP (no notice + fair consideration)
Can property held by TbytheE be used to satisfy joint debts of h and W?
Yes. Individual spouse’s debt cannot be enforced against property held by TbytheE.
How else can implied warranty be disclaimed if not with actual disclaimer?
Before entering K,
buyer examined the goods or the sample or model as fully as he desired or
has refused to examine the goods
no implied warranty for defects which an examination should have revealed
Annulment grounds
Duress
Fraud
Spouse having conceived child with someone else & child born within 10 months of solemnization of marriage
Finding out about felony conviction after getting married
When is marital property determined?
As of date of last separation
annulment exception
If you keep living together after learning of facts that would allow annulment, no annulment granted
If money used to purchase lottery ticket was not from joint bank account, then
Not purchasing property with marital funds
If parents gave money to W, then money is or is not marital property?
Not, could be gift instead
If W attempted to hide lottery winnings from H or court, could be
Marital property due to fraud or concealing assets
When is gift adeemed by extinction?
when inter vivos gift made before will takes effect
Lost vs. mislaid
Lost = unintentionally placed and unknowingly losing possession
Mislaid = intentionally placing and then forgetting about it
Who has superior claim to mislaid property
- Owner of locus in quo > finder
- Employer > employee who finds it in the course of his employment
Can a 3P intermediary be presumed to be acting for donee?
Yes. So could potentially make an inter vivos gift through 3P acting on behalf of donee. But issue of whether donee can accept a gift she is unaware of.
Must make elective share within how long?
6 months
Must claim family, homestead, and exempt personal property allowance within how long?
1 year
How to claim elective share?
Claim in person before court with jxn over estate or in writing on record
