July ’20 Flashcards
Questions for security interests:
Is the interest properly created, the collateral properly attached, and the interest perfected?
A mechanics lien requires:
Alteration or repair of any article of personal property at the request of the owner of such property.
Amount of just and reasonable charges therefor and may retain possession of such property until such charges are paid. Limit of $1000 against the secured party where the property is attached to a security interest.
For diversity purposes, a corporation with offices in more than one state is deemed to have its principal place of business…
…where the corporation’s high-level officers direct, control, and coordinate the corporation’s activities.
If diversity jurisdiction exists when a case is removed, the plaintiff after removal, by stipulation, by affidavit, or by amendment of the pleadings to reduce the claimed amount below the amount-in-controversy threshold ___ deprive the federal court of jurisdiction.
Does not.
As to ___ trespassers, the land possessor must…
discovered or anticipated.
…warn of or make safe any conditions that are:
• Artificial
• Highly dangerous (involving risk of death or serious bodily harm)
• Concealed
• Known to the land possessor in advance
As to licensees…
…the land possessor has a duty to warn of or make safe hazardous conditions that are:
• Concealed
• Known to the land possessor in advance
The land possessor must exercise reasonable care in the conduct of “active operations” on the property. The possessor has no duty to inspect or repair.
A licensee is one who enters onto the land with the possessor’s permission for their own purpose or business, rather than for the possessor’s benefit. Social guests are considered licensees.
The landowner or occupier owes a duty to invitees regarding…
…hazardous conditions that are:
• Concealed
• Known to the land possessor in advance or could have been
discovered by a reasonable inspection.
Invitees enter onto the land in response to an invitation by the possessor of the land (meaning they enter for a purpose connected with the business of the land possessor or enter as members of the public for a purpose for which the land is held open to the public).
An invitee will lose invitee status if they exceed the scope of the invitation.
When can corporate veil be pierced?
-The separate personalities of the entity and its owners do not practically exist, and adhering to the formal separation between them would allow an injustice to occur.
-The owners controlled or used the entity to evade personal obligations, perpetrate a fraud or a crime, commit an injustice or gain an unfair advantage.
“Extraordinary remedy rarely applied.”
For an order to be appealable, it must be…
…a final order. E.g., dismissing a complaint.
A ruling of law is reviewed…
…de novo.
A will should be admitted to probate in the jurisdiction…
…where the decedent had a place of residence (followed by place of property ownership then place of death).
For a patient in a nursing home, the place of legal residence is rebuttably presumed to be the same as it was before he or she became a patient.
If the debt in issue exceeds the value of the estate’s assets under the personal representative’s control, then debts are paid in the following order:
[i] expenses of administration,
[ii] family and homestead allowances,
[iii] funeral expenses, debts and taxes with priority under federal law,
[iv] medical and hospital expenses,
[v] debts and taxes due Virginia,
[vi] debts and taxes to localities, and
[vii] all other claims.
May a non-resident serve as the executor of a VA estate?
Yes.
However, a nonresident fiduciary must (i) appoint a Virginia resident or the Clerk of Court to receive service of process on his or her behalf, and (ii) post a surety bond.
Where a Will was not self-proving…
…at least one of the two witnesses must appear before the Clerk to verify the decedent’s signature and validity of the execution of the Will
To be ___ and thus ___, a non-holographic will must be…
Duly executed; entitled to probate.
…signed or acknowledged in the presence of two competent witnesses who are present together at the same time and who also sign the will in the presence of the testator.
