July 2013 Flashcards
SP for land sale: NOT if
(1) Fraudulent K
(2) subsequent change of circumstances defeated purpose of K
Can multiple writings be used to satisfy SOF?
Yes; need some written evidence of oral agreement
Does RE brokerage agreement fit within SOF RE sale rule?
Yes - “services to be performed in te sale of RE”
Community caretaker doctrine:
Exception to warrant requirement if searching for crime victims/to give emergency assistance
Every homicide presumed to be which degree?
2nd degree
Voluntary manslaughter =
1) intentioanl
2) provocation/heat of passion
Involuntary manslaughter
1) unintentional (can’t have specific intent to kill the victim)
PR: Concurrent conflict of interest:
cannot represent client if directly adverse to current client UNLESS
1) reasonably believes won’t adversely affect relationship with other client
2) representation not A v. B (i.e. client vs. another client represented by same L)
3) client consents in writing after consultation
Imputed disqualification rule
If one L can’t represent C, nobody in firm can
If prospective client reveals harmful info about another client, L
Cannot represent that existing client if materially adverse and same and substantially similarmatter
Law firm rules re advertising etc.
1) can’t make false/misleading communications about services
2) no statements implying outcome not dependent on merits/facts
3) comparing L’s services with other L’s services, unless factually substantiated
4) Create an unjustified expectation about what results L can achieve
Fact that statement is quote from client doesn’t resolve L from responsibiliy?
Yes
Discovery allowed as long as
Relevant and non-privileged
Includes stuff that probably won’t be admissible for other reasons
Waive motion to compel arbitration if:
1) D fails to raise in answer
2) D engages in substantial litigation for extended period of time
3) no connection to the state where arbitration would be
4) arbitration in that state would be unfair or unconscionable
5) moving to arbitration in that state would unfairly prejudice P
Director and BOD owes what to corp?
Duty of care and duty of loyalty
Duty of care =
GF, best interest of corp, reasonably believes
Duty of loyalty
No self-dealing
No usurping corporate opportunity
No competing with corp
Duty of care in delegating:
1) delegating to appropriate people
2) those people do a sufficient inquiry
3) Board justified to relying on their research
When C gives advanced deposit to L/furnishes retainer, whose money?
C’s money in L’s trust account
Lien of writ of execution on money in account - enforceable?
Yes, no need for notice requirement if not a creditor-debtor relationship between the one who holds the money and the one you’re trying to get money from
Garnishment creates lien?
No, only enforces lien on intangible personal property created by writ of execution
Garnishment means:
I.e. earnings Garnishment means that wages, bank accounts, and other money payable to you gets paid to the judgment-creditor instead.
Does embezzlement of law firm affect liability of firm to pay creditor?
No
Where can P file for divorce?
1) last cohabited place
2) where P is resident and has lived for last 6 monhts
Otherwise, also permissible where D resides
Separation =
Physical separation + at least one intends separation to be permanent
Incarceration is ground for divorce if:
1) convicted after marriage
2) confined for more than one year
3) did not resume living together
Marital property =
Acquired during marriage and titled in both names
Separate property =
By bequest/devise during marriage
Bought using separate funds and maintained as separate property
Factors to consider for spousal support
- relative employment statuses
- age and physical conditions
- lenght of marriage
- standard of living established during marriage
- needs of the souses
- Contributions to marriage
