July ’21 Flashcards
To escape liability for a check, the writer must establish…
…a real defense against a holder in due course or a real or personal defense against a non-holder or holder not in due course.
A holder in due course…
…takes the instrument for value, in good faith, and without notice that the item is overdue or dishonored.
This does not change when a HDC gets notice after becoming a HDC.
Real defenses include…
…infancy, void contract, bankruptcy, forgery, deception, discharge known to holder.
A transferee from a HDC who is not a HDC themself gains the rights of the HDC…
…under the shelter rule if the party is not personally engaged in wrongdoing affecting the instrument.
[I’m not adding the law from part b of question 1 because it seems to me inconsistent with the law stated in the model answer for question 3 of the Feb ‘23 test.]
Does a criminal defendant have a right to a judge in place of a jury?
No.
A jury trial may only be waived with the consent of the defendant, the Commonwealth, and the court.
Same rights for juvenile.
When a juvenile is ___ years of age or older and is charged with a felony, ___ a direct indictment, …
16; Before.
…the juvenile court shall conduct a preliminary hearing and if the court finds probable cause it will certify the charge to the grand jury.
If the court finds probable cause, the court loses jurisdiction over the charge and any ancillary charges, and the Commonwealth may seek direct indictment. Until this happens, juvenile court has exclusive jurisdiction.
An indictment cures any error or defect in the juvenile court proceeding.
Even after a suspect is read their Miranda rights, officers must stop interrogating them after a…
…clear indication of their desire to stop talking.
Must be more concrete than an equivocal expression of reservations about answering questions.
The ___ of the ___ Amendment guarantees the right of cross examination, and a defendant can cross-examine a witness as to…
Confrontation Clause; Sixth.
…any evidence that bears on the credibility of the witness.
A plea bargain in exchange for one’s testimony is highly relevant because it means the witness’ testimony may be based on self interest.
Accomplice liability categories:
-Principals in the second degree: persons who aided, advised, or encouraged the principal and were present at the crime
-Accessories before the fact: persons who assisted or encouraged but were not present
-Accessories after the fact: persons who, with knowledge that the other committed a felony, assisted them to escape arrest or punishment.
Punishment of accomplices:
In felony cases, every principal in the second degree and accessory before the fact may be indicted, tried, convicted, and punished in all respects as if a principal in the first degree.
Being an accessory after the fact is a separate crime.
It is not necessary for the principal in the first degree to be convicted of the offense for another party to be convicted. However, it must be shown that a crime has been committed by the principal before the accessory can be convicted.
Co-conspirators are liable for the…
…reasonably foreseeable acts of their co-conspirators in furtherance of the conspiracy.
Withdrawal communicated to all co-conspirators is a defense to this liability but not for the original conspiracy.
Does VA recognize a presumption in favor of the mother for awarding custody?
No.
[skipping the custody analysis in question 3.]
An action by the Board of Directors of a ___ corporation must be approved by…
Non-stock.
…a majority of the directors in a vote taken when a quorum is present.
A conflict of interest transaction made by a director on behalf of a corporation is permissible if:
either (1) it is approved by disinterested directors or members after disclosure of material facts or (2) it is fair the corporation.
The sale of substantially all assets outside the regular course of business is…
…a fundamental corporate change and must be approved by the members of the non-stock corporation.
If a testator with ___, does ___, such will is void and of no effect.
the intent to revoke a will;
cuts, tears, burns, obliterates, cancels, or destroys the will
Once a will is revoked, the will cannot be revived unless it is…
…re-executed with full testamentary formalities.
The valid execution of a codicil that makes reference to the revoked will would cause the will to be revived under the republication by codicil.
A codicil is…
…a later testamentary instrument that amends, alters, or modifies a previously executed will. A codicil must be executed with the same testamentary formalities as a will.
A testator ___ disinherit her child.
May.
But this will not prevent the child from taking a portion of the estate that passes under intestacy.
A deed may validly convey real property by inter vivos gift so long as there is…
…[1] donative intent, [2] delivery, and [3] acceptance.
The deed must [1] be in writing, [2] signed by the grantor; and reasonably identify [3] the parties and [4] the land.
The grantee becomes bound by the terms of the deed by his acceptance of a deed delivered by the grantor, even though a deed is signed only by the grantor.
Acceptance can be implied.
The suretyship provision of the Statute of Frauds requires a writing for…
…a promise to answer for the debt, default, or misdoings of another.
A grantee who assumes an existing mortgage is not a surety.
Parole evidence is…
…inadmissible to vary or contradict a complete and unambiguous written instrument.
This includes deeds.
