MASTER LIST OF TERMS AND DEFINITIONS Flashcards
3
JOINING A CONSPIRACY ALREADY IN PROGRESS
- WHERE DEFENDANT JOINS AN ALREADY IN PROGRESS CONSPIRACY
- MOST COURTS WILL HOLD DEFENDANT NOT LIABLE FOR PRIOR CRIMES OF CO-CONSPIRATORS
- UNLESS DEFENDANT SEEKS TO BENEFIT FROM THOSE PRIOR CRIMES.
2
MEASURE OF DAMAGES FOR THE NONBREACHING BUYER WHO PROCURES COVER
- EXCESS OF THE COVER PRICE
- OVER THE CONTRACT PRICE
5
PARTY NECESSARY FOR JUST ADUDICATION REQUIREMENTS (19A)
- COMPLETE RELIEF CANNOT BE ACCORDED TO THOSE ALREADY IN LAWSUIT
- THE PARTY’S ABSENCE MAY IMPEDE HIS/HER ABILITY TO PROTECT INTEREST
- RISK OF MULTIPLE OR INCONSISTENT OBLIGATIONS W/OUT PARTY
- MISSING PARTY SUBJECT TO SERVICE OF PROCESS
- JOINDER WON’T DESTROY DIVERSITY
5
LIFE ESTATE - OTF2C
- OWNERSHIP - FOR THE STATED LIFE OF A PERSON.
- TRANSFERABILITY - ALIENABLE, DEVISABLE, DESCENDIBLE, SUBJECT TO THE DURATION OF THE LIFETIME.
- FUTURE INTEREST GRANTOR OWNS - REVERSION (IF HELD BY GRANTOR.)
- FUTURE INTEREST THIRD PARTY OWNS - REMAINDER (IF HELD BY THIRD PARTY)
- CREATED BY - WORDS OF IDENTIFICATION
3
FEDERAL - PROTECTED ATTORNEY/WORK PRODUCT CAN BE GENERATED BY
- ATTORNEY
- THE PARTY FOR ATTORNEY’S USE
- THE PARTY’S REPRESENTATIVE FOR ATTORNEY’S USE
3
NOTIONS OF FAIR PLAY AND SUBSTANTIAL JUSTICE ARE NOT OFFENDED WHERE
- CLAIM IS RELATED TO DEFENDANT’S CONTACT WITH THE FORUM STATE
- DEFENDANT HAS CONTINOUS OR SYSTEMATIC CONTACT WITH THE FORUM STATE
- FORUM IS NOT GRAVELY DIFFICULT AND INCONVENIENT FOR THE DEFENDANT.
2
DEFENSE OF LEGAL IMPOSSIBLITY AS DEFENSE TO ATTEMPT CRIME
- DEFENDANT MAY RAISE DEFENSE OF LEGAL IMPOSSILBITY TO AN ATTEMPT CRIME
- WHERE SUBSTANTIAL STEP WAS TAKEN WAS TOWARD AN ACT THAT WASN’T ACTUALLY ILLEGAL.
3
ASSUMPTION OF RISK AS A DEFENSE TO PRODUCTS LIABILITY WHERE PLAINTIFF HAD TO USE THE PRODUCT
- WHERE PLAINTIFF KNOWS OF THE RISKS OF THE PRODUCT
- BUT HAS NO CHOICE BUT TO CONTINUE USING THE PRODUCT
- ASSUMPTION OF RISK IS NOT AN AVAILABLE DEFENSE
2
VOLUNTARY DISSOLUTION OF A CORPORATION MUST BE APPROVED BY
- MAJORITY OF VOTING SHAREHOLDERS
- BOARD OF DIRECTORS WHERE CORP INSOLVENT
2
ABA - LAWYERS ARE NOT ALLOWED TO MAKE LOANS IN CONNECTION W/LITIGATION EXCEPT ADVANCING LITIGATION COSTS FOR
- CONTINGENCY CASE
- CASE W/ INDIGENT CLIENT
1
MBE MISSED - COMMERCIAL SPEECH RECIEVES THIS LEVEL OF SCRUTIY
- INTERMEDIATE SCRUTINY
2
REMEDY FOR VIOLATING 10b-5 (INSIDER TRADING)
- DIFFERENCE BETWEEN PROCEEDS AND HONEST TRADE
- MUST BE DISGORGED TO CORPORATION
4
ABSOLUTE PRIVILEGE FOR ATTORNEY WORK PRODUCT APPLIES TO:
- MENTAL IMPRESSIONS
- LEGAL THEORIES
- OPINIONS
- CONCLUSIONS
3
ABANDONMENT OPTIONS FOR LANDLORD
- ACCEPT ABANDONMENT AND TERMINATE LEASE OR
- RELET PREMISES ON BEHALF OF TENANT (WITH NOTICE) OR
- LEAVE PREMISES VACANT AND CONTINUE TO COLLECT RENT (MODERNLY W/DUTY TO MITIGATE)
2
LIMITATION ON FEE AMOUNTS - ATTORNEY FEES MUST NOT BE
- ABA - UNREASONABLE
- CA- UNCONSCIONABLE
4
WRITING REQUIREMENT FOR FEES (CA)
- ALWAYS FOR CONTINGENCY CASES
- NON-CONTINGENCY CASES - WHERE REASONABLY FORESEEABLE THAT FEES WILL EXCEED 1K
- OR REGULAR WORK FOR REGULAR CLIENT
- OR CLIENT IS CORPORATION
3
AMENDING CORPORATE BYLAWS REQUIREMENTS
- APPROVAL OF SHAREHOLDERS
- APROVAL OF DIRECTORS
- FILING OF CHANGED ARTICLES WITH SECRETARY OF STATE
4
UNVAILABITY IS REQUIRED FOR THESE HEARSAY EXCEPTIONS
FAD PINKERTON
- FORMER TESTIMONY
- STATEMENT AGAINST INTEREST
- DYING DECLARATION
- STATEMENT OF PERSONAL OR FAMILY HISTORY
5
WHEN IS A STATEMENT NOT HEARSAY?
- STATEMENT OFFERED FOR IMPEACHMENT
- VERBAL ACTS OR PARTS OF ACTS
- OFFERED TO SHOW EFFECT ON LISTENER OR READER
- VERBAL OBJECTS
- CIRCUMSTANTIAL EVIDENCE OF STATE OF MIND
2
INTEGRATION OF DOCUMENTS INTO WILL - REQUIREMENTS
- DOCUMENTS WERE PRESENT AT THE TIME TESTATOR EXECUTED WILL AND
- TESTATOR INTENDED THEM TO BE PART OF HIS WILL
4
CATCHALL HEARSAY EXCEPTION
- STATEMENT HAS CIRCUMSTANTIAL GUARANTEES OF TRUSTWORTHINESS
- OFFERED AS EVIDENCE OF MATERIAL FACT
- MORE PROBATIVE ON THE POINT THAN ANY OTHER PRESENTLY AVAILABLE EVIDENCE.
- ADMISSION SERVES THE INTEREST OF JUSTICE.
4
OF SOUND MIND - NO CAPACITY WHERE TESTATOR INFLUENCED BY
- FRAUD
- DURESS
- MENACE
- UNDUE INFLUENCE
2
VALID WILL - WILL STILL VALID W/NO WITNESSES WHERE THE WILL PROPONENT CAN PROVE
- TESTAMENTARY INTENT
- WITH CLEAR AND CONVINCING EVIDENCE
3
REQUIREMENT FOR RECOVERING PUNITIVE DAMAGES FOR DEFAMATION - PLAINTIFF MUST PROVE
- ACTUAL MALICE
- FALSE STATEMENT WAS MADE WITH KNOWLEDGE OF THE STATEMENT’S FALSITY
- OR BLATANT DISREGARD FOR THE TRUTH
9
PROP 8 EXEMPTIONS
(DR MAMMAL COUNTS SHEEP)
- DEFENDANT MUST OPEN THE DOOR TO CHARACTER EVIDENCE
- RAPE SHIELD LAWS STILL APPLY
- NO CONTEMPT FOR MEMBER OF MEDIA
- COURT STILL HAS POWER TO EXCLUDE FOR CEC 252
- SECONDARY EVIDENCE RULE
- HEARSAY
- EXCLUSIONARY RULES FROM U.S. CONSTUTION
- EXCLUSIONARY RULES PASSED BY 2/3 OF CA LEGISLATURE POST 1982
- PRIVILEGES STILL APPLY
2
FREE SPEECH REGULATION LIMITATION - UNFETTERED DISCRETION
- DOES NOT SET FORTH NARROW AND SPECIFIC GROUNDS LIMITING DECISION MAKER
- PERMIT MECHANISMS ARE NOT NARROWLY TAILORED TO REGULATION’S OBJECTIVE
3
CEC: ON CROSS-EXAMINATION, PROSECUTOR MAY REBUT DEFENDANT’S CHARACTER EVIDENCE WITH
- REPUTATION EVIDENCE
- OPINION EVIDENCE
- NO PAST BAD ACTS (SUBJECT TO PROP. 8)
3
SCOPE OF REPRESENTATION
- CLIENT DETERMINES END GOALS OF REPRESENTATION
- MAKES MAJOR DECISIONS IN LINE WITH THESE GOALS
- ATTORNEY DETERMINES MEANS OF ACCOMPLISHING GOALS
3
BALANCING OF HARDSHIPS IN AWARDING INJUNCTION - EXTRA CONSIDERATION FACTORS
- LARGE DISPARITY WEIGHS IN FAVOR OF SEVERELY IMPACTED PARTY
- WILLFUL MISCONDUCT WEIGHT AGAINST WRONGDOER
- PUBLIC INTEREST CONCERNS
2
VOTING TRUST ELEMENTS
- SHARES ARE TRANSFERRED TO TRUSTEE
- TRUSTEE VOTES AND DISTRIBUTES DIVIDENDS IN ACCORDANCE WITH WISHES OF THE TRUST
3
IMPLIED ACTUAL AUTHORITY (AGENCY) CREATED BY
- CUSTOM
- PRIOR DEALINGS
- AGENT’S REASONABLE BELIEF OF AUTHORITY NECESSARY TO ACCOMPLISH EXPRESSLY DIRECTED TASTS
2
ACCOMPLICE LIABILITY
- VICARIOUS CRIMINAL LIABILITY FOR ACTS OF CO-CRIMINALS
- DIRECTLY AND FORESEEABLY RESULTING FROM DEFENDANT’S OWN CRIMINAL ACTS
1
AFFECT OF PERFECT TENDER RULE ON NONBREACHING BUYER’S ABILITY TO ACCEPT OR REJECT NON-CONFORMING GOODS
- THE NONBREACHING BUYER MAY ACCEPT OR REJECT NONCONFORMING GOODS.
3
GENERAL RULE OF ASSIGNMENTS
- PARTIES MAY TRANSFER INTERESTS IN LEASES
- UNLESS AGREED OTHERWISE
- PROHIBITIONS ON TRANSFERS ARE ENFORCEABLE.
2
CONGRESSIONAL POWERS - NECESSARY AND PROPER CLAUSE
- CONGRESS HAS AUTHORITY TO ENACT LAWS NECESSARY AND PROPER TO ACCOMPLISH ITS ENUMERATED POWERS
- WHERE THE LAW IS RATIONALLY RELATED TO THE IMPLIMENTATION OF ITS ENUMERATED POWER
1
WHAT IS A PRIMARY RIGHT?
1) PLAINTIFF’S RIGHT TO BE FREE FROM A PARTICULAR INJURY.
2
UNDER THE DEFENSE OF PUBLIC AUTHORITY, POLICE OFFICER DEFENDANTS
- HAVE A LIMITED PRIVILEGE
- TO USE REASONABLE FORCE
- IN THE PROPER PERFORMANCE OF THEIR DUTIES.
1
MBE MISSED - WHERE SALE PROCEEDS WILL PAY OFF A MORTGAGE TO MAKE TITLE MARKETABLE, SELLER HAS
- AN IMPLIED RIGHT TO USE PROCEEDS OF SALE TO PAY OFF MORTGAGE
3
TRANSMUTATION - WRITING NOT REQUIRED FOR GIFTS BETWEEN SPOUSES WHERE
- TANGIBLE ARTICLES OF PERSONAL NATURE
- INSUBSTANTIAL IN VALUE
- IN CONTEXT OF MARITAL CIRCUMSTANCES
1
CONTRACT CHOICE OF LAW PROVISIONS - WHERE LAW CONFLICTS WITH CA PUBLIC POLICY, CA WILL APPLY CA LAWS WHERE
- IT HAS A MATERIALLY GREATER INTEREST IN HAVING ITS OWN LAW APPLIED VS. THE OTHER STATE
4
CONSTRUCTIVE TRUST
- EQUITABLE REMEDY
- IMPOSED BY COURTS
- WHERE DEFENDANT IS UNJUSTLY ENRICHED BY PROPERTY
- AND IT IS INEQUITABLE FOR HIM TO KEEP PROPERTY
2
DISTRIBUTION OF ASSETS TO SURVIVING SPOUSE AT DEATH - DECEDENT SPOUSE WAS INTESTATE
- SURVIVING SPOUSE ENTITLED TO DECEDENT’S SHARE OF CP AND QCP
- SURVIVING SPOUSE ENTITLED TO 1/3 OF DECEDENT’S SP (DEPENDING ON SURVIVING PARENTS OR ISSUE)
2
DEBT - TIMING - CHILD SUPPORT
- LIABILITY FOR CHILD SUPPORT FOR A CHILD NOT A PRODUCT OF THE MARRIAGE IS TREATED AS A PRE-MARRIAGE DEBT
- REGARDLESS OF WHEN SUPPORT ORDER ENTERED OR MODIFIED
3
COMPOUNDING IS THE CRIME OF
- TAKING MONEY OR SOMETHING OF VALUE
- IN EXCHANGE FOR A PROMISE
- TO NOT TO REPORT ANOTHER’S CRIME.
2
DISTRIBUTION OF COMMNITY ASSETS AT DEATH - GENERAL RULE
- ONE HALF CP AND QCP TO SURVIVING SPOUSE
- ONE HALF CP AND QCP TO ESTATE
3
WAIVER OF MIRANDA MUST BE MADE
- VOLUNTARILY
- KNOWINGLY
- INTELLIGENTLY
2
REVOCATION OF WILL - WHERE DEVISE MADE TO MULTIPLE BENEFICIARIES AND ONE BENFICIARY IS CROSSED OUT, WHO RECEIVES THE CROSSED OUT BENEFICIARY’S PORTION?
- WILL RESIDUE RECEIVES CROSSED OUT PORTION
- NOT REMAINING BENEFICIARIES
2
QUASI-COMMUNITY PROPERTY
- PROPERTY ACQUIRED BY SPOUSE WHILE DOMICILED ELSEWHERE
- WHICH WOULD HAVE BEEN CP IF ACQUIRED WHILE DOMICILED IN CA
1
COMPARATIVE FAULT - DEFENDANT MAY RAISE DEFENSE TO NEGLIGENCE WHERE
- PLAINTIFF CONTRIBUTED A PERCENTAGE OF FAULT TO THE ACCIDENT
2
CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATE LAW UNDULY BURDENING INTERSTATE COMMERCE WILL STILL BE VALID WHERE THE STATE
- IS ACTING TO FURTHER IMPORTANT INTEREST
- NO LESS DISCRIMINATORY ALTERNATIVES AVAILABLE.
3
CA - REQUIREMENTS FOR LAWYERTO ABIDE BY CLIENT’S DECISIONS
- NOT OBLIGATED TO ABIDE BY CLIENT’S DECISIONS
- BUT MUST COMMUNICATE PLEA BARGAIN OR SETTLEMENT OFFER
- KEEP CLIENT REASONABLY INFORMED ABOUT SIGNFICANT DEVELOPMENTS
4
RULE 26 INITIAL DISCLOSURES OF FACT REQUIREMENTS
(TIPD)
- IDENTIFIES THOSE LIKELY TO HAVE INFORMATION ABOUT DISCOVERABLE FACTS
- COPIES OR DESCRIPTIONS OF TANGIBLE EVIDENCE
- DAMAGES COMPUTATION AND SUPPORTING DOCUMENTS
- INSURANCE INFORMATION
2
EXECUTIVE POWERS - LIMITATIONS ON EXECUTIVE ORDERS
- NOT WHERE IN CONFLICT WITH FEDERAL STATUTE
- NOT WHERE IN CONFLICT WITH U.S. CONSTITUTION
2
INCOME AND LIABILITES ARISING FROM TRUST ASSETS - BENEFICIARIES
- BENEFICIARIES MAY RECEIVE INTEREST INCOME FROM ASSETS
- RESPONSIBLE FOR PAYING INTEREST ON LOAN DEBT, TAXES OR FOR MINOR REPAIRS
3
TRANSMUTATIONS MADE ON OR AFTER 1985
- AN EXPRESS DECLARATION
- BY SPOUSE ADVERSELY AFFECTED
- MADE IN WRITING
2
MOTION FOR SUMMARY JUDGMENT ELEMENTS
- PARTY ESTABLISHES NO TRIABLE ISSUE OF MATERIAL FACT
- SO HE IS ENTITLED TO JUDGMENT AS A MATTER OF LAW
1
REQUIREMENT FOR CONSIDERATION FOR MODFICATION UNDER COMMON LAW
- AT COMMON LAW, A MODFICATION OF CONTRACT MUST BE SUPPORTED BY CONSIDERATION TO BE BINDING AT LAW.
3
EASEMENT BY ESTOPPEL
- HOLDER OF SERVIENT PARCEL ALLOWS USE
- THAT CAUSES HOLDER OF DOMINANT PARCEL TO SUBSTANTIALLY CHANGE HIS POSITION
- IN REASONABLE RELIANCE THAT ALLOWANCE WOULD NOT BE REVOKED.
1
SOCKS
ARE GOOD FOR YOUR FEET
2
DEADLINE TO FILE ANSWER TO FEDERAL CIVIL COMPLAINT
- 21 DAYS OR
- 60 DAYS IF SERVICE OF PROCESS WAIVED.
1
DESTRUCTIBILITY OF CONTINGENT REMAINDERS AT COMMON LAW
- WHERE REMAINDER WAS STILL CONTINGENT AT END OF PRECEEDING ESTATE, REMAINDER WAS DESTROYED.
2
TIMELINESS - MOOTNESS EXCEPTIONS
- UNLESS CAPABLE OF REPITITION YET EVADING REVIEW
- VOLUNTARY CESSATION BY DEFENDANT WHO COULD RESUME INJURIOUS ACTIVITY
3
PLAIN VIEW DOCTRINE IS APPLIED WHEN POLICE OFFICERS ARE
- LEGITIMATELY AT PREMISES OR PLACE OF VIEWING
- AND EVIDENCE, FRUITS OR INSTRUMENTALITIES OF CRIME OR CONTRABAND ARE IN PLAIN VIEW
- OFFICERS HAVE PROBABLE CAUSE TO BELIEVE ITEM/S ARE/IS EVIDENCE OF A CRIME.
1
MY DOG HAS
- FLEAS
2
DISTRIBUTION OF ASSETS AT DIVORCE - REAL PROPERTY OUTSIDE OF CALIFORNIA - COURT MAY
- REQUIRE CONVEYANCE REAL PROPERTY OR
- AWARD EQUIVALENT MONEY VALUE OF REAL PROPERTY TO SPOUSE WHO WOULD HAVE BENEFITTED FROM CONVEYANCE
2
TRANSFER OF EASEMENTS - SERVIENT ESTATE
- RUNS WITH THE LAND
- UNLESS BFP TOOK FOR VALUE WITH NO NOTICE
2
TENANCY AT WILL - TENANCY IS CREATED BY
- EXPRESS AGREEMENT
- OR IMPLIED BY NO SIGNED LEASE AGREEMENT IN SOME JX.
5
METHODS OF CREATING A TRUST
- DECLARATION BY PROPERTY OWNER THAT HE HOLDS PROPERTY AS TRUSTEE
- TRANSFER OF PROPERTY DURING OWNER’S LIFETIME TO A TRUSTEE
- TESTAMENTARY TRANSFER OF PROPERTY TO A TRUST
- EXERCISE OF POWER OF APPOINTEMENT TO APPOINT ANOTHER TRUSTEE
- CONTRACT TO CREATE A TRUST
3
FIDUCIARY DUTIES OWED BY SPOUSES - FULL DISCLOSURE OF MATERIAL FACTS - WHAT SPOUSES MUST DISCLOSE AND DO
- COMMUNITY ASSETS
- COMMUNITY DEBTS
- PROVIDE EQUAL ACCESS TO THIS INFORMATION
2
EARNINGS AND ACCUMULATIONS ARE DEEMED SEPARATE PROPERTY WHERE
- LIVING APART AND SEPARATE FROM OTHER SPOUSE WITH NO CHILDREN
- LEGAL SEPARATION
7
DEFENSES TO INTENTIONAL TORTS - CORN PADS
- CONSENT
- OTHERS DEFENSE
- NECESSITY
- PRIVILEGE
- ARREST
- DISCIPLE
- SELF-DEFENSE
3
TIPPEES ARE LIABLE WHERE TIPEE
- HAD SCIENTER
- KNEW TIPPER BREACHED FIDUCIARY DUTY
- AND TRADED ON INFORMATION ANYWAY
2
PRIVATE NECESSITY TO PROTECT DEFENDANT’S OWN PROPERTY
- QUALIFIED PRIVILEGE FOR REASONABLE ACTS
- DEFENDANT WILL BE LIABLE FOR ALL DAMAGE CAUSED
1
CRIMINAL PROSECUTOR DUTIES
- MUST HAVE PROBABLE CAUSE TO BRING CHARGES
1
CALIFORNIA REQUIRES THAT THIS BE GIVEN TO ALL CLIENTS WITH POTENTIAL COIS
- WRITTEN NOTICE
4
21 YEAR TERM LIMIT FOR TRUSTEE
- TRUSTEE MAY ONLY SERVE FOR 21 YEARS AFTER SETTLORS DEATH
- REGARDLESS OF TRUST TERMS
- FOR NONCHARITABLE TRUST
- OR TRUST FOR UNINCORPORATED SOCIETY
3
NEGLIGENT ENTRUSTMENT- LIABILITY ARISES WHERE DEFENDANT
- KNOWS OR SHOULD KNOW 3RD PARTY IS UNFIT TO USE A RESOURCES
- ENTRUSTS 3RD PARTY WITH RESOURCE ANYWAY
- 3RD PARTY’S LACK OF FITNESS PROXIMATELY AND ACTUALLY CAUSES PLAINTIFF INJURY
1
DEMONSTRATIVE EVIDENCE MUST BE
- A FAIR REPRESENTATION OF WHAT IS BEING DEMONSTRATED
4
UNDUE INFLUENCE TRIGGERS - TESTATOR EXECUTES A WILL AND
- LEAVES UNNATURAL DISPOSITION OF PROPERTY
- BENEFICIARIES OF DISPOSITION HAD AN OPPORTUNITY TO INFLUENCE AND
- TESTATOR WAS SUSCEPTIBLE TO INFLUENCE AND
- BENEFICIARIES WERE ACTIVE IN PROCURRING DISPOSITION
2
RECOGNIZING MARRIAGES FROM OTHER JURISDICTIONS
- CA WILL RECOGNIZE MARRIAGE
- WHERE MARRIAGE IS VALID IN THE JURISDICTION OF ORIGIN
3
AFTER BOARD ADOPTS A RESOLUTION TO MAKE FUNDAMENTAL STRUCTURE CHANGE OF CORP, THE PROCESS OF SHAREHOLDER APPROVAL OF CHANGE IS ACCOMPLISHED BY
- WRITTEN NOTICE TO SHAREHOLDERS OF PROPOSED RESOLUTION
- SHAREHOLDERS APPROVE BY A MAJORITY OF ALL VOTES ENTITLED TO BE CAST
2
A PROSECUTOR HAS PROBABLE CAUSE WHERE
- FACTS KNOWN TO PROSECUTOR ARE SUFFICIENT TO A ALLOW A REASONABLE PERSON IN A SIMILAR POSITION
- TO SERIOUSLY ENTERTAIN THE POSSIBILITY THAT DEFENDANT IS GUILTY OF THE CRIME CHARGED.
3
UNDER THE M’NAUGHTEN RULE, THE DEFENDANT MAY RAISE THE DEFENSE OF INSANITY WHERE
- DUE TO DISEASE OR DEFECT OF MIND
- HE LACKED ABILITY TO RECOGNIZE THE NATURE OR QUALITY OF HIS ACTIONS
- OR THAT HIS ACTIONS WERE WRONG.
3
(CORPORATIONS) SECURITY INSTRUMENT IS A
- FINANCIAL INTEREST
- IN PROFITS
- MADE BY THE ACTS OF OTHERS
2
SARBANES-OXLEY ACT - THE PCOAB IS
- AN INDEPENDENT BOARD
- OVERSEEING PUBLIC ACCOUNTING FIRMS
2
AMENDMENT OF INITIAL PLEADINGS (PLAINTIFF AND DEFENDANT)- FEDERAL COURT
- PLAINTIFF MAY AMEND ONCE BEFORE DEFENDANT’S RESPONSE
- DEFENDANT MAY AMEND ANSWER ONCE W/IN 21 DAYS OF SERVING ANSWER.
2
SIXTH AMENDMENT RIGHT TO EFFECTIVE COUNSEL DOESN’T APPLY AT
- PHOTO IDENTIFICATIONS
- TAKING PHYSICAL EVIDENCE
1
WAIVER OF CONDITION OCCURS WHEN
- A CONDITION PRECEDENT FAILS, BUT PROMISOR PERFORMS CONTRACT DUTY ANYWAY
2
APPRECIATION OF COMMUNITY BUSINESS AFTER SEPARATION -
REVERSE VAN CAMP ELEMENTS
- MANAGING PARTNER CONTINUES TO WORK AT COMMUNITY BUSINESS
- CHARACTER OF BUSINESS CAUSES APPRECIATION
5
TYPES OF EASEMENT CREATION
- EXPRESS CREATION
- CREATION BY IMPLICATION
- CREATION BY NECESSITY
- CREATION BY PRESCRIPTION
- CREATION BY ESTOPPEL
2
CA NOTICE AND SERVICE REQUIREMENNTS FOR CLASS ACTION
- INDIVIDUAL NOTICE NOT REQUIRED
- PUBLICATION IS FINE FOR SERVICE
1
REPRESENTATION OF A CLIENT IN AN ACTION AGAINST A FORMER CLIENT
- OK WHERE NO MATTERS IN PRESENT CASE ARE RELEVANT TO PREVIOUS CASE
2
CALIFORNIA ALLOWS INTERVENTION WHERE THE PARTY HAS
- DIRECT INVOLVEMENT WITH ISSUE IN DISPUTE IN CASE
- BUT NOT IF PARTY HAS MERELY CONSEQUENTIAL INVOLVEMENT WITH ISSUE IN DISPUTE IN CASE.
4
WHO ARE CORPORATE INSIDERS?
- OFFICERS
- DIRECTORS
- SHAREHOLDERS
- THOSE WITH MATERIAL, CONFIDENTIAL INFORMATION ABOUT CORPORATION.
2
SHAREHOLDER DERIVATIVE LAWSUIT - RECOVERY GOES TO
- CORPORATION
- SHAREHOLDER IS PAID FOR HIS ATTORNEY’S FEES
3
ATTORNEY SOLICITATION - ATTORNEY MAY NOT SOLICIT INDIVIDUALS TO ENGAGE REPRESENTATION
- IN PERSON
- LIVE ON TELEPHONE
- WHERE NO FAMILIAL OR PROFESSIONAL RELATIONSHIP EXISTS.
3
ULTRA VIRES ACTS
- ACTS OUTSIDE THE CORPORATION’S REGISTERED PURPOSE
- MODERNLY, GENERALLY NOT ENFORCEABLE
- SHAREHOLDER MAY ENJOIN (FACT PATTERN REALITY)
1
WRITING REQUIREMENT FOR FEES - ABA
- FEE AGREEMENT MUST BE IN WRITING
2
EQUITABLE DEFENSES - UNCLEAN HANDS MAY BE RAISED WHERE
- PLAINTIFF CONDUCTED HERSELF UNFAIRLY
- IN THE DISPUTED TRANSACTION
3
AGENT MAY BE PERSONALLY LIABLE WHERE AGENT
- ACTS W/NO AUTHORITY
- DOESN’T DISCLOSE PRINCIPAL’S IDENTITY (PLAINTIFF HAS RIGHT OF ELECTION)
- DOESN’T DISCLOSE EXISTENCE OF A PRINCIPAL OR PRINCIPAL’S IDENTITY (PLAINTIFF HAS RIGHT OF ELECTION)
4
PROXIMATE CAUSE - CRIMINAL LAW
- AN EVENT LINKING TOGETHER TOGETHER A CHAIN OF EVENTS
- UNBROKEN BY ANY UNFORESEEABLE INTERVENING EVENTS
- THAT SO DIRECTLY, FORESEEABLY AND NATURALLY RESULTS IN THE VICTIM’S INJURY
- THE LAW IMPOSES CRIMINALLY LIABILITY.
2
CONTRIBUTING MONEY OR SERVICES IN EXCHANGE FOR SHARE OF PROFIT OF A BUSINESS
- WILL ONLY CREATE A PRESUMPTION
- OF INTENT TO ACT AS CO-OWNERS OF A BUSINESS FOR PROFIT
2
EMBEZZLEMENT - IN SOME JURSIDICTIONS, THE FINDER OF LOST PROPERTY
- HOLDS IT IN A CONSTRUCTIVE TRUST FOR ITS RIGHTFUL OWNER
- MAKING A LATER TAKING AN EMBEZZLEMENT.
1
ATTORNEY’S DUTY OF HONESTY
- AN ATTORNEY MUST NOT COUNSEL HIS CLIENT TO COMMIT FRAUDULENT ACTS
1
PIERCING CORPORATE VEIL - CONSEQUENCES OF PIERCE THE CORPORATE VEIL
- WRONGFUL CORPORATE ACTORS ARE HELD PERSONALLY LIABLE FOR THEIR ACTIONS.
2
STRICT PER STIRPES
- EQUAL DISTRIBUTION ON FIRST LEVEL
- FIRST LEVEL’S ISSUE TAKES STRICTLY BASED ON PARENT’S SHARE
2
WHEN DO THE RIGHTS OF THIRD PARTY INTENDED BENEFICIARIES VEST?
- WHEN THE INTENDED THIRD PARTY BENEFICIARY BECOMES AWARE OF THE CONTRACT
- AND ACTS IN RELIANCE ON THE SAME.
2
NOTICE REQUIREMENT OF FEDERAL CLASS ACTION BASED ON QUESTIONS OF LAW COMMON TO CLASS PREDOMINATING QUESTIONS OF LAW COMMON TO INDIVIDUALS
- NOTICE MUST BE GIVEN TO EVERY CLASS MEMBER
- AND INCLUDE AN OPT OUT OPTION
1
RATIFICATION OF CONTRACTS WHEN REACHING LEGAL AGE
- UPON REACHING LEGAL AGE A CONTRACT MAY RATIFIED AND MADE BINDING.
2
MANAGEMENT AND CONTROL OF COMMUNITY BUSINESS
- SPOUSE IN CHARGE OF BUSINESS MAY MAKE BUSINESS DECISIONS ALONE
- WRITTEN NOTICE MUST BE GIVEN TO OTHER SPOUSE WHEN DISPOSING ALL OR SUBSTANTIALLY ALL OF BUSINESS’ ASSETS
2
PRESCRIBED LEGAL REMEDY FOR CONVERSION
- FORCED SALE OF CHATTEL TO DEFENDANT
- PLAINTIFF MAY ALSO ELECT TO “WAIVE THE TORT” AND SEEK RESITUTION AT EQUITY
3
PRIOR INCONSISTENT STATEMENT AND HEARSAY
- PIS IS HEARSAY
- ADMISSIBLE WHEN USED TO IMPEACH
- NOT ADMISSIBLE AS SUBSTANTIVE PROOF OF THE MATTER.
3
CALIFORNIA JURY COMPOSITION
- NUMBER: 12, WITH ALTERNATES
- CHALLENGES FOR CAUSE: UNLIMITED FOR EACH PARTY
- PREEMPTORY CHALLENGES: SIX FOR EACH PARTY
2
DEFENSE OF NECESSITY - TORT - DEFENDANT MAY RAISE DEFENSE OF NECESSITY WHERE HE
- REASONABLY BELIEVED HIS ACTIONS WERE NECESSAARY TO AVOID A GREATER HARM
- OR WAS THREATENED BY A PHSYICAL FORCE OF NATURE GREATER THAN THE HARM CAUSED BY HIS ACTS.
1
LIQUIDATED DAMAGE CLAUSES SPECIFY
- AN AMOUNT OF MONEY DAMAGES DUE IN THE EVENT OF BREACH
2
REASONABLE SUSPICION FOR A TERRY STOP IS BASED ON
- SPECIFIC AND ARTICULABLE FACTS AND
- RATIONAL INFERENCES FROM THOSE FACTS
1
VICTIM IMPACT STATEMENTS ARE NOT
- CRUEL AND UNUSUAL PUNISHMENT
4
PERSONAL LIABILITY INCURRED WHEN TRUSTEE
- VIOLATES DUTIES
- COMMITS TORTS OR TRUSTEE’S AGENT COMMITS TORTS IN THE SCOPE OF SUPERVISION
- MAKES CONTRACTS IN THE SCOPE OF TRUST SUPERVISION,
- UNLESS THE SUBJECT CONTRACT STATES OTHERWISE
2
COMMUNITY REAL PROPERTY - DISPOSAL AND CONTROL - CONVEYANCE OF REAL PROPERTY BY ONE SPOUSE TO 3RD PARTY
- CONVEYANCE OF REAL PROPERTY BY ONE SPOUSE TO A BFP PRESUMED VALID
- CAN BY VOIDED BY OTHER SPOUSE WITHIN ONE YEAR OF FILING THE INSTRUMENT OF CONVEYANCE
3
FORMER TESTIMONY EXCEPTION
- DECLARANT UNAVAILABLE
- FORMER TESTIMONY WAS GIVEN UNDER OATH
- WITH OPPORTUNITY TO X-EXAMINE.
4
CORPORATION
- LEGAL ENTITY
- EXISTING SEPARATELY FROM OWNERS
- SHIELDS OWNERS FROM PERSONAL LIABILITY
- FOR CORPORATE ACTIONS
3
CONGRESSIONAL POWER - COMMERCE CLAUSE GIVES AUTHORITY TO REGULATE THESE ACTIVITIES
- INTERSTATE ACTIVITY
- INTRASTATE COMMERCIAL ACTIVITY WHERE RATIONAL BASIS TO BELIEVE IMPACT ON IC
- INTRASTATE COMMERCIAL ACTIVITY WHERE RATIONAL BASIS TO BELIEVE CUMULATIVE IMPACT ON IC
2
POLICE OFFICER DEFENDANT MAY USE DEFENSE OF AUTHORITY OF LAW WHERE
- REASONABLE SUSPICION OF FELONY
- OR CRIME COMMITTED IN OFFICER’S PRESENCE
1
SIXTH AMENDMENT RIGHT TO EFFECTIVE COUNSEL COMMENCES AT
- ANY POST CHARGE LINEUP OR SHOW-UP
3
LEARNED INTERMEDIARY RULE
- MANUFACTURER WHO PROVIDES NECESSARY WARNINGS
- HAS FULFILLED DUTY OF CARE
- WHERE SUBSEQUENT LEARNED INTERMEDIARY DOES NOT IMPART WARNINGS TO PLAINTIFF
1
ASSIGNMENT FOR CONSIDERATION CREATES WHAT KIND OF CONTRACT?
- AN IRREVOCABLE LEGAL CONTRACT.
3
REPRESENTATION OF CLIENT WHERE ATTORNEY IS LIKELY TO BE A NECESSARY WITNESS
- OK TO ADVOCATE FOR CLIENT UNTIL THE TRIAL
- AT TRIAL, FIRM ASSOCATIONS MAY ADVOCATE
- NOT ATTORNEY WITNESS
3
TENANCY AT SUFFERANCE
- CREATION BY: TENANT WRONGFULLY HOLDS OVER PAST EXPIRATION OF A VALID LEASE
- DURATION: ANY PERIOD OF TIME TENANT WRONGFULLY OCCUPIES
- TERMINATION NOTICE REQUIREMENT: N/A
2
CONTRACTS - WHERE THE DEFENDANT MAY RAISE THE DEFENSE OF FRAUDS
- WHERE HE WAS INDUCED TO ENTER THE CONTRACT THROUGH DELIBERATE CONCEALEMENT
- OR MISREPRESENTATION OF MATERIAL FACTS
1
DEADLINE TO FILE ANSWER IN STATE COURT - CA
- 30 DAYS
2
TOTTEN TRUST
- SETTLOR PLACES MONEY IN BANK ACCOUNT
- INSTRUCTS WHATEVER BALANCE REMAINS AT SETTLOR’S DEATH GOES TO BENEFICIARY
2
ENCROACHMENT
- TRESSPASS
- WHERE DEFENDANT’S STRUCTURE INVADES PLAINTIFF’S PROPERTY
2
SIXTH AMENDMENT RIGHT TO COUNSEL AND INTERROGATION FOR OTHER OFFENSES - INVOKING SIXTH AMENDMENT RIGHT TO COUNSEL
- POLICE MAY STILL INTERROGATE DEFENDANT
- ABOUT UNRELATED MATTERS
1
UNDER THE CONFRONTATION CLAUSE, THE DEFENDANT IN A CRIMINAL CASE HAS A RIGHT TO
- CONFRONT ADVERSE WITNESSES
2
PARTY ADMISSION CAVEATS
- ADMISSION DOES NOT NEED TO BE AGAINST INTEREST AT THE TIME STATEMENT MADE.
- LACK OF PERSONAL KNOWLEDGE WILL NOT NECESSARILY EXCLUDE.
3
WHEN TO USE VAN CAMP AND PEREIRA FOR CP CONTRIBUTIONS TO SP BUSINESSES
- BUSINESS WAS OWNED PRIOR TO MARRIAGE
- BUSINESS WAS PURCHASED WITH SP DURING MARRIAGE
- BUSINESS WAS INHERITED DURING MARRIAGE
4
SPECIFIC GIFTS - SPECIAL RULES FOR STOCK
- STOCK SPLITS GO TO BENEFICIARY OF STOCK
- JURISDICTIONAL SPLIT ON STOCK DIVIDENDS
- COURT’S LOOK TO TESTATOR’S INTENT
- TESTATOR OWNERSHIP OF STOCK AT TIME OF DEATH USUALLY INDICATES INTENT TO BEQUEATH DIVIDENDS TO BENEFICIARY
3
QUERIES FOR PROPERTY ESSAYS
- PROPERTY ACQUISITON ISSUES?
- PROPERTY INTEREST ISSUES?
- PROPERTY LIMITATION ISSUES?
4
SHAREHOLDER LAWSUIT -
REQUIREMENTS TO BRING A DERIVATIVE LAWSUIT
- MUST BE A SHAREHOLDER
- DEMAND MUST BE MADE TO DIRECTORS FOR REDRESS OF INJURY TO CORP
- DEMAND MUST BE REJECTED
- OR DEMAND MUST BE FUTILE
1
MONEY RESTITUTION
- PLAINTIFF IS AWARDED MONETARY VALUE OF BENEFIT RECEIVED BY DEFENDANT
3
WHAT CONSITUTES “TRADING” FOR 16B
- PROFITABLE PURCHASE
- PROFITABLE SALE
- OF COMPANY EQUITY STOCK
4
LANDOWNER HAS A RIGHT TO USE AND POSSESSION OF THESE PHYSICAL AMENITIES OF HIS OWN PROPERTY
- AIRSPACE
- SURFACE
- SOIL
- LAND SUPPORT BY ADJOINING LAND
1
STATEMENTS FOR MEDICAL DIAGNOSIS/TREATMENT HEARSAY EXCEPTION
- WHERE MADE TO ASSIST MEDICAL PERSONNEL WITH DIAGNOSIS OR TREATMENT
1
MBE MISSED - JURY INSTRUCTIONS REGARDING JUDICIALLY NOTICED FACT IN A CRIMINAL CASE - JUDGE MAY ONLY INSTRUCT JURY THAT IT
- MAY OR MAY NOT FIND THE NOTICED FACT CONCLUSIVE.
3
MBE MISSED - CONGRESS MAY DELEGATE ITS LEGISLATIVE POWERS WHERE IT
- ACTUALLY HAS THE POWER IT’S DELEGATING
- POWER IS DELEGABLE
- SETS ADEQUATE STANDARDS TO GOVERN THE EXERCISE OF THE POWER DELEGATED
3
REQUIREMENTS FOR LEGAL SUCCESSION RELATIONSHIP BETWEEN STEP OR FOSTER CHILDREN AND STEP OR FOSTER PARENT
- RELATIONSHIP BEGAN IN MINORITY
- CONTINUED THROUGHOUT PARTIES’ LIFETIMES
- LEGAL BARRIER PREVENTED ADOPTION
2
LIMITED LIABILITY PARTNERSHIP
- TYPE OF PARTNERSHIP
- WHERE PARTNERS ARE NOT LIABLE FOR THE OBLIGATIONS OF THE PARTNERSHIP
2
NOMINAL DAMAGES AWARDED WHERE
- PLAINTIFF’S RIGHTS WERE VIOLATED
- BUT PLAINTIFF SUSTAINED NO MEASURABLE LOSS
3
CHILDREN BORN OUTSIDE OF LEGALLY RECOGNIZED MARRIAGE CAN INHERIT FROM FATHER WHERE
1) SUBSEQUENT MARRIAGE OF PARENTS
2) ADJUDICATION OF PATERNITY DURING PARENTS’ LIFETIME
3) CLEAR AND CONVINCING EVIDENCE OF PATERNITY AFTER FATHER’S DEATH
2
ACCESSORY AFTER THE FACT IS A PARTY WHO
- HELPS THE OFFENDER ESCAPE DETECTION, CAPTURE OR PUNISHMENT
- DESPITE KNOWLEDGE THAT OFFENDER HAS COMMITTED A CRIME.
4
FACTORS CONSIDERED WHEN EVALUATING WHETHER BAIL IS EXCESSIVE
- SERIOUSNESS OF OFFENSE
- WEIGHT OF EVIDENCE AGAINST DEFENDATN
- DEFENDANT’S FINANCIAL ABILITIES
- DEFENDANT’S CHARACTER
2
ABUSE OF PROCESS ARISES WHERE
- DEFENDANT BRINGS LEGAL ACTION AGAINST PLAINTIFF FOR IMPROPER PURPOSE
- OR OUT OF MALICE
4
COLLATERAL ORDER DOCTRINE - TESTING ELIGIBILITY FOR INTERLOCUTORY APPEALS IN FEDERAL COURT
- OUTCOME OF CASE WILL BE CONCLUSIVELY DETERMINED BY THE ISSUE
- MATTER BEING APPEALED IS COLLATERAL TO THE MERITS
- MATTER WILL BE EFFECTIVELY UNREVIEWABLE IF IMMEDIATE APPEAL NOT ALLOWED.
- NOVEL ISSUE WHERE REASONABLE JURISTS COULD HAVE A DIFFERENCE OF OPINION.
2
DEFENDANT MAY USE THE DEFENSE OF CONSENT TO INTENTIONAL TORTS WHERE ACT COMMITTED WAS
- CONSENTED TO BY FULLY INFORMED PLAINTIFF WITH LEGAL CAPACITY
- DID NOT CAUSE SERIOUS BODILY HARM
4
SPECIAL CLASSIFICATIONS - EDUCATION -
COMMUNITY REIMBURSED WHERE AND HOW ACCRUED
- COMMUNITY MATERIALLY CONTRIBUTED TO EDUCATION
- SUBSTANTIALLY ENHANCING EDUCATED SPOUSE’S EARNING POTENTIAL
- REIMBURSEMENT INCLUDES INTEREST
- ACCRUING FROM THE END OF CALENDAR YEAR CONTRIBUTION WAS MADE
4
PROCEDURAL DUE PROCESS - FAIR PROCESS FOR JUDICIAL MATTERS INCLUDES A RIGHT TO
- HEARING
- COUNSEL
- FAIR TRIAL
- APPEAL
1
BREACH OF DUTY OCCURS WHERE
- DEFENDANT FAILS TO EXERCISE THE SAME DEGREE OF CARE A REASONABLY PRUDENT PERSON WOULD USE IN THE SAME SITUATION.
3
SPECIAL CLASSIFICATIONS - DISABILITY
- IF INTENDED TO REPLACE SPOUSE’S INCOME AFTER DISABILITY - SP
- IF PURCHASED WITH COMMUNITY FUNDS AND INTENDED TO PROVIDE RETIREMENT BENEFITS - CP
- FOR DISTRIBUTION, CP UNTIL SEPARATION, AND THEN SP OF DISABLED SPOUSE
1
FEE SPLITTING IS LIMITED TO
- LAYWERS ONLY
2
PERIODIC TENANCY - DURATION - END DATE
- NO STATED END DATE
- MUST TERMINATE ON A DATE NATURAL TO A LEASE PERIOD
4
FEDERAL JURY COMPOSITION
N,C,PC,V
- NUMBER: 6-12
- CHALLENGES FOR CAUSE: UNLIMITED FOR EACH SIDE
- PREEMPTORY CHALLENGES: THREE FOR EACH SIDE
- VERDICT REQUIRES: UNANIMOUS DECISION
5
MOTION FOR NEW TRIAL - GROUNDS
- PREJUDICIAL ERROR MAKING JUDGMENT UNFAIR
- NEW EVIDENCE PREVIOUSLY UNAVAILABLE DESPITE DUE DILIGENCE
- PREJUDICIAL MISCONDUCT
- JUDGMENT IS AGAINST WEIGHT OF THE EVIDENCE
- EXCESSIVE OR INADEQUATE DAMAGES
1
DEFENSE OF INSANITY
- DEFENDANT MAY RAISE DEFENSE OF INSANITY TO NEGATE CRIMINAL INTENT
5
PERMANENT LEGAL INJUNCTION REQUIRES A SHOWING OF
- LEGAL REMEDY INADEQUATE
- PROPERTY RIGHT INVOLVED /(MODERNLY PROTECTABLE INTEREST)
- FEASIBILITY OF ENFORCEMENT
- BALANCING OF HARDSHIPS IN FAVOR OF GRANTING
- NO AVAILABLE DEFENSES AGAINST GRANTING INJUNCTION
3
THESE ADMINISTRATIVE SEARCHES ARE NOT SUBJECT TO THE FOURTH AMENDMENT
- BOOKING SEARCHES
- SEARCHES DONE TO ENSURE SAFETY
- RECORDED INVENTORY OF SUSPECT’S PERSONAL ITEMS
2
UNDER THE BEST EVIDENCE RULE, ORAL TESTIMONY IS OK TO PROVE CONTENTS OF A WRITING ONLY WHERE ORIGINAL WRITING WAS
- LOST OR
- DESTROYED
2
TRANSFER OF EASEMENTS - EASEMENT IN GROSS AND THE EASEMENT HOLDER
- IN GROSS AT COMMON LAW - NO TRANSFER
- IN GROSS MODERNLY - COMMERCIAL EASEMENTS TRANSFERRABLE.
1
EVIDENCE - CRIMINAL - FOR CHARATER EVIDENCE TO BE ADMISSIBLE, IT MUST ALWAYS BE
- PERTINENT TO THE CASE
5
PRETERMITTED CHILD
- BORN AFTER EXECUTION OF WILL
- RECEIVES INTESTATE SHARE
- UNLESS T HAD OTHER CHILDREN AND LEFT ESTATE TO PARENT OF PRETERMITTED CHILD
- OR LEAVES SUBSTANTIALLY ALL OF ESTATE TO SS WHO IS CHILD’S PARENT
- OR INTENTIONALLY OMITTED ON FACE OF WILL
1
DUTY TO SEEK JUSTICE/NOT PURSUE CHARGES W/OUT PROBABLE CAUSE - PROSECUTOR MUST
- ONLY PROSECUTE CASES WHERE SUPPORTED BY PROBABLE CAUSE
3
WARRANT FORMALITY REQUIREMENTS
- OFFICER SUBMITS AFFADAVIT WITH
- DESCRIPTION OF PARTICULARS OF PREMISES TO BE SEARCHED
- DESCRIPTIONS OF ITEMS TO BE SEIZED.
4
DEFINITION OF INJUNCTION
- DECREE ORDERING A PARTY
- TO PERFORM
- OR REFRAIN FROM PERFORMING
- A CERTAIN ACT
2
SEARCH WARRANT - PROBABLE CAUSE EXISTS TO SEARCH WHERE ITEMS SEARCHED FOR ARE CONNECTED TO
- CRIMINAL ACTIVITY
- THE PREMISES TO BE SEARCHED.
2
CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATE LAW UNDULY BURDENS INTERSTATE COMMERCE WHERE
- BURDEN ON COMMERCE OUTWEIGHS
- LOCAL INTERESTS PROTECTED OR BENEFITTED BY LEGISLATION
3
AMELIORATIVE WASTE
- PRESENT INTEREST HOLDER
- MAKES UNPERMITTED CHANGES TO PROPERTY
- IMPROVE ITS VALUE
2
COMMUNITY PROPERTY USED TO PAY PURCHASE PRICE OF SEPARATE PROPERTY -
FORMULA FOR FINDING COMMUNITY SHARE
- FIND COMMUNITY INTEREST
- MULTIPLY BY AMOUNT OF CAPITAL APPRECIATION
2
EVIDENCE - CRIMINAL - CEC - THE PROSECUTION CAN INTRODUCT INSTANCES OF THESE FORMER CRIMES TO SHOW CONDUCT IN CONFORMITY -
- DOMESTIC VIOLENCE
- ELDER ABUSE
2
IMPLIED COVENANT OF QUIET ENJOYMENT IN A LEASE AGREEMENT
- LANDLORD OR HIS AGENTS WILL NOT INTERFERE
- WITH THE TENANT’S USE OR ENJOYMENT OF THE PRESMISES
2
STATE OF MIND EXCEPTION NOT ADMISSIBLE TO PROVE
- A FACT REMEMBERED OR BELIEVED
- UNLESS IT RELATES TO DECLARANT’S WILL
2
ALLOCATION OF TRUST ASSETS - TRUSTEE’S ALLOCATION POWERS - TRUSTEE CAN USE
- BEST JUDGMENT TO CHANGE ALLOCATION
- TO FOLLOW SETTLOR’S INTENT
3
FORMATION OF AGENCY RELATIONSHIP - ABC
- AGREEMENT BETWEEN PARTIES
- BENEFIT TO PRINCIPAL
- CONTROL OF AGENT’S CONDUCT BY PRINCIPAL
2
TO TRANSMUTE CP TO SP IN OR AFTER 1985, THE SPOUSE ADVERSELY AFFECTED MUST
- MAKE AN EXPRESS WRITTEN DECLARATION
- OF INTENT TO TRANSMUTE CP ASSET TO SP
2
FACTUAL REQUIREMENT FOR JOINING CLAIMS FOR SUPPLEMENTAL JURISDICTION
- CLAIMS MUST SHARE A COMMON NUCLEUS OF OPERATIVE FACT
- ARISING FROM THE SAME TRANSACTION OR OCCURRENCE.
1
THE DURATION OF A TENANCY AT SUFFERANCE IS
- ANY PERIOD OF TIME TENANT WRONGFULLY OCCUPIES
3
ALLOWED INFERENCES OF PRESENT TESTAMENTARY INTENT
- SPECIFIC BEQUESTS
- SIGNATURES
- OTHER EXTRINSIC EVIDENCE
2
ACTUAL CAUSE - CRIMINAL LAW - ACTUAL CAUSE IS
- A CAUSAL ACT
- THAT BUT FOR ITS OCCURRENCE
- THE INJURY TO VICTIM WOULD NOT HAVE OCURRED.
3
DELIVERY REQUIREMENTS OF DEED
- GRANTOR MANIFESTS ASCERTAINABLE INTENT TO MAKE DEED EFFECTIVE
- INTENT CAN BE INFERRED
- EVEN IF ACTUAL POSSESSION OF THE DOCUMENT ITSELF IS POSTPONED
2
DISTRIBUTION OF COMMNITY ASSETS AT DEATH - GENERAL RULE
- ONE HALF CP AND QCP TO SURVIVING SPOUSE
- ONE HALF CP AND QCP TO ESTATE
1
REVERTER
- FUTURE INTEREST HELD BY THE GRANTOR
2
CONSEQUENCE OF FAILURE TO DENY, ADMIT OR CLAIM LACK OF INFORMATION ON ANSWER RESPONSES - FEDERAL
- FAILURE TO RESPOND MAY CONSTITUTE AN ADMISSION
- IN ANY SECTION EXCEPT DAMAGES
2
CORPORATE DIRECTORS AND OFFICERS - BREACH OF FIDUCIARY DUTY OF LOYALTY AND CREATE A CONFLICT OF INTEREST BY:
- USURPING CORPORATE OPPORTUNITY
- COMPETITING WITH CORPORATION
2
UCC 2-209 SOF AFFECT ON CONTRACT MODIFICATIONS
- MODFICATIONS OF CONTRACT FOR GOODS IN EXCESS OF 50 DOLLARS MUST BE MADE IN WRITING TO BE ENFORCEABLE AT LAW
- IF MODIFICATIONS AREN’T IN WRITING, THEY BECOME RETRACTABLE WAIVERS OF CONDITIONS
1
NEGATIVE EASEMENT
- PROHIBITS AN OWNER FROM DOING SOMETHING ON HIS OWN LAND.
4
ALLOWED SHAREHOLDER AGREEMENTS
- VOTING TRUST
- VOTING AGREEMENT
- MANAGEMENT AGREEMENT
- RESTRICTIONS ON STOCK TRANSFERS
4
LIABLITY ARISES FOR NEGLIGENT SUPERVISION WHERE DEFENDANT IS
- GUARDIAN OF A MINOR
- WITH AWARENESS OF MINOR’S TENDENCY TO CREATE AN UNREASONABLE RISK OF HARM TO OTHERS
- AND OPPORTUNITY TO CONTROL THE TENDENCY
- CAUSING PLAINTIFF INJURY
3
MPC INSANITY TEST - UNDER MODEL PENAL CODE, DEFENDANT MAY RAISE DEFENSE OF INSANITY WHERE
- DUE TO MENTAL DISEASE OR DEFECT
- HE LACKED SUBSTANTIAL CAPACITY TO RECOGNIZE CRIMINALITY OR CONDUCT
- OR CONFORM HIS CONDUCT TO THE LAW.
3
REMEDY OF NON-BREACHING SELLER OF REJECTED CONFORMING GOODS UNDER THE UCC
- AFTER NOTICE TO THE BREACHING BUYER
- MAY SALE THE GOODS AT A PUBLIC OR OR PRIVATE SALVAGE SALE
- DEMAND THE EXCESS OF THE CONTRACT PRICE OVER THE SALVAGE SALE PRICE FROM BREACHING BUYER
1
INCIDENTAL DAMAGES ARE ONLY AVAILABLE FOR THESE KINDS OF CONTRACTS
- CONTRACTS FOR THE SALE OF GOODS
1
AGENT’S LINGERING APPARENT AUTHORITY AFTER PRINCIPAL-AGENT RELATIONSHIP TERMINATES APPLIES TO
- THIRD PARTIES AGENT HAS PREVIOUSLY TRANSACTED WITH
3
UNDER THE INTERMEDIATE REVIEW STANDARD, THE REGULATION MUST BE
- NARROWLY TAILORED
- TO SERVE A SIGNFICANT GOVERNMENT INTEREST
- LEAVING ALTERNATIVE CHANNELS OF COMMUNICATION OPEN FOR SPEECH
3
TYPES OF FRAUD POSSIBLE DURING TESTAMENTARY PROCESS
- FRAUD IN THE EXECUTION
- FRAUD IN THE INDUCEMENT
- FRAUD PREVENTING REVOCATION
3
LACHES AND TRUSTS
- TRUSTEE MAY USE LACHES
- WHERE BENEFICIARY TOOK TOO LONG TO MAKE CLAIM
- CAUSING PREJUDICE OT TRUSTEE OR BENEFICIARIES
2
NONBREACHING BUYER’S REMEDY OPTIONS UNDER THE UCC
- REPUDIATE THE CONTRACT AND DEMAND COVER
- AFFIRM THE CONTRACT AND DEMAND CONFORMIGN GOODS.
2
COLLATERAL ESTOPPEL/ISSUE PRECLUSION IN FEDERAL COURTS IS DETERMINED BY THESE AUTHORITIES
- FEDERAL COMMON LAW
- STATE LAW WHERE COURT SITUATED.
2
PERMANENT SEPARATION OCCURS WHEN
- COUPLE PHYSICALLY SEPARATES
- AND AT LEAST ONE OF THE SPOUSES INTENDS FOR SEPARATION TO BE PERMANENT
3
COMMUNITY PROPERTY USED TO MAKE PAYMENTS ON SEPARATE PROPERTY -
MARRIAGE OF MOORE FORMULA FOR FINDING COMMUNITY INTEREST
- AMOUNT COMMUNITY PAID DOWN PRINCIPAL
- DIVIDED BY THE TOTAL LOAN AMOUNT
- RESULT IS COMMUNITY’S SHARE
4
DIFFERENCE BETWEEN FRE AND CA PRESENT SENSE IMPRESSION
- CA - STATEMENT DESCRIBING OR EXPLAINING THE CONDUCT OF DECLARANT (ONLY DECLARANT)
- WHILE DECLARANT IS ENGAGED IN THE CONDUCT.
- FRE - STATEMENT DESCRIBING OR EXPLAINING EVENT OR CONDITION
- WHILE DECLARANT IS EXPERIENCING EVENT OR CONDITION OR IMMEDIATELY THEREAFTER.
1
WHEN MULTIPLE CAUSES FOR INJURY, MANY JURISDICTIONS USE
- JOINT AND SEVERAL LIABILITY
2
ESTABLISHMENT CLAUSE - SECT PREFERENCE INVALID UNLESS
- SERVES COMPELLING STATE INTEREST
- LAW IS NARROWLY TAILORED TO SERVE COMPELLING GOVERNMENT INTEREST (STRICT SCRUTINY STANDARD).
1
AFFIRMATIVE EASEMENT
- AFFIRMATIVE EASEMENT ENTITLES EASEMENT HOLDER TO DO SOMETHING ON ANOTHER’S LAND
1
DEFENSE OF VOLUNTARY INTOXICATION
- A DEFENDANT MAY RAISE THE DEFENSE OF VOLUNTARY INTOXICATION TO NEGATE SPECIFIC INTENT.
2
STRICT LIABILITY CRIME AND MENS REA - STRICT LIABILITY REQUIRES
- NO MENS REA TO COMMIT A CRIME
- ONLY COMMISSION OF THE LEGALLY PROSCRIBED ACTUS REUS.
2
CONTRACTS FOR NECESSITIES OF LIFE AND UNDERAGE PROMISORS
- CONTRACTS FOR NECESSITIES OF LIFE ARE ALWAYS LEGALLY BINDING
- REGARDLESS OF AGE OF PROMISOR AT THE TIME OF ENTRY INTO THE CONTRACT.
1
VOLUNTARY WASTE
- DELIBERATE, DESTRUCTIVE ACT
4
MERGER OF SOLICITATION
- WHEN SOLICITED CRIME IS COMMITTED
- SOLICITATION MERGES INTO THE SOLICITED CRIME
- SOLICITING DEFENDANT BECOMES VICARIOUSLY LIABLE FOR SOLICITED CRIME
- BASED ON ACCOMPLICE LIABILITY.THEORY.
4
VALID WILL - INTERESTED WITNESSES TO WILL CREATE REBUTTABLE PRESUMPTION OF
- FRAUD
- MENACE
- UNDUE INFLUENCE
- DURESS
3
TEMPORARY RESTRAINING ORDER
- PRESERVES THE STATUS QUO
- FOR A SHORT PERIOD OF TIME
- PENDING ISSUANCE OF A PRELIMINARY INJUNCTION
3
PERMISSIVE COUNTERCLAIMS ELEMENTS
- ARISING FROM A TRANSACTION OR OCCURENCE DIFFERENT THAN THE ONE GIVING RISE TO PLAINTIFF’S CLAIM
- MAY BE RAISED IN PLAINTIFF’S CASE OR IN A SEPERATE MATTER
- MUST HAVE AN INDEPENDENT SMJ SOURCE
1
CONTENT NEUTRAL SPEECH REGULATIONS STANDARD OF REVIEW
- INTERMEDIATE REVIEW
2
SIXTH AMENDMENT RIGHT TO JURY TRIAL HAPPENS WHEN
- SERIOUS OFFENSE CHARGED
- WITH POTENTIAL OF OVER SIX MONTHS IMPRISONMENT
3
WHEN DOES AN OFFER LAPSE AT COMMON LAW?
- AN ORAL OFFER GENERALLY LAPSES AT THE END OF THE CONVERSATION
- A WRITTEN OFFER GENERALLY LAPSES AT THE DEADLINE IMPLIED BY THE DISPATCH
- ABSENT CONTRARY AGREEMENT OR IMPLICATION.
3
ESTOPPEL BY DEED OCCURS WHERE GRANTOR
- PURPORTS TO CONVEY AN INTEREST IN A PROPERTY HE DOES NOT HAVE
- BUT LATER GAINS A VALID INTEREST IN THE PROPERTY
- ESTATE AUTOMATICALLY TRANSFERS TO GRANTEE
4
LOW LEVEL EMPLOYEE EMBEZZLEMENT
- PROPERTY TRESPASSORILY TAKEN BY LOW LEVEL EMPLOYESS ENTRUSTED WITH CUSTODY IS GENERALLY LARCENY
- UNLESS PROPERTY WAS GIVEN TO THE EMPLOYEE BY A THIRD PARTY
- BEFORE EMPLOYEE FORMS INTENT TO STEAL
- THIS CRIME IS EMBEZZLEMENT.
2
SUPPORT TRUST - TRUST FUNDS’ ACCESIBILTY TO THIRD PARTY CREDITORS
- NOT ACCESSIBLE TO 3RD PARTY CREDITORS
- WHERE PAYMENT WOULD INTERFERE WITH SUPPORT OF BENEFICIARY
2
COMMON LAW DUTY TO INVITEES
- DUTY TO INSPECT
- DUTY TO WARN OF DANGERS HIDDEN AND KNOWN
1
CONGRESSIONAL POWERS - STATE LAW DIRECTLY DISCRIMINATES AGAINST OUT OF STATE COMMERCE WHERE
- STATE LAW FACIALLY DISCRIMINATES AGAINST OUT OF STATE COMMERCE.
6
EQUAL PROTECTION CLAUSE - CLASSIFICATIONS BURDEN FUNDAMENTAL RIGHTS WHERE THEY AFFECT
- PRIVACY
- FIRST AMENDMENT RIGHTS
- VOTING RIGHTS
- CANDIDACY RIGHTS
- INTERSTATE TRAVEL
- COURT ACCESS
2
DYING DECLARATION DIFFERENCES BETWEEN CEC AND FRE
- CEC - ALLOWED IN ALL CASES, BUT DECLARANT MUST BE DEAD
- FRE - ONLY HOMICIDE AND CIVIL CASES, ONLY GOOD FAITH BELIEF OF DEATH REQUIRED
4
FORMALITY REQUIREMENTS OF DEED
- IDENTIFY PARTIES
- SIGNED BY GRANTOR
- IDENTIFY THE PROPERTY
- NO CONSIDERATION REQUIRED
1
FINAL JUDGMENT RULE - CA
- NO APPEAL UNTIL AFTER JUDGMENT ON THE MERITS
2
QUESTIONS/STANDARDS FOR DETERMINING FOURTH AMENDMENT EXPECTATION OF PRIVACY
- DID THE PERSON HAVE AN ACTUAL, SUBJECTIVE EXPECTATION OF PRIVACY?
- DOES SOCIETY RECOGNIZE THIS EXPECTATION AS REASONABLE?
1
VESTING FOR INTEREST IN REAL ESTATE
- GRANTS IMMEDIATE RIGHT TO PRESENT OR FUTURE INTEREST IN AN ESTATE
1
ERIE DOCTRINE WILL NOT APPLY TO ISSUES OF SUBSTANCE WHERE
- THERE IS FEDERAL LAW DIRECTLY ON POINT
1
DUTY OF FAIRNESS TO THIRD PERSONS
- AN ATTORNEY HAS A DUTY TO ACT AS FAIR AS REASONABLY POSSIBLE TO THIRD PERSONS
3
TENANCY FOR YEARS
- CREATION BY: AGREEMENT WITH A SPECIFIED START AND END DATE, SOF FOR OVER A YEAR
- DURATION: ANY PERIOD OF TIME
- TERMINATION NOTICE REQUIREMENT: NONE BECASUE LEASE ENDS ON AGREED ON DATE
3
HOLDOVER TENANT IS CREATED BY AFTER LEASE TERMINATION WHERE
- TENANT STILL TENDERS RENT
- LANDLORD ACCEPTS RENT
- MOST JX IMPLY PERIODIC TENANCY W/TIME PERIOD OF PREVIOUSLY EXPIRED LEASE
2
FEE SIMPLE DEFEASIBLE
- CONVEYS AN INTEREST IN REAL PROPERTY
- SUBJECT TO LIMITATIONS.
3
SPECIAL CLASSIFICATIONS OF ASSETS - PERSONAL INJURY AWARDS - DAMAGES RECIEVED
- DURING MARRIAGE ARE COMMUNITY PROPERTY
- BUT ARE ASSIGNED TO INJURED SPOUSE AFTER DIVORCE UNLESS JUSTICE DEMANDS OTHERWISE
- MUST BE USED FOR REIMBURSEMENT TO COMMUNITY WHERE COMMUNITY INCCURED EXPENSE ON BEHALF OF INJURED SPOUSE
1
DEFAMATION - LIABILITY ARISES WHERE DEFENDANT
- PUBLISHES A FALSE STATEMENT OF MATERIAL FACT TO A THIRD PARTY, CAUSING DAMAGES TO PLAINTIFF’S REPUTATION
3
DUTIES OF WITHDRAWING LAWYER
- RETURN CLIENT FILES
- RETURN UNEARNED FEES
- GIVE OPPOSING COUNSEL NOTICE
2
DUTY TO COMMUNICATE - ATTORNEY MUST
- COMMUNICATE WITH CLIENT
- KEEP CLIENT REASONABLY INFORMED ALL OF SIGNFICANT DEVELOPMENTS IN REPRESENTATION
1
BALANCE OF INTERESTS TESTS
- FEDERAL INTEREST IN HAVING FEDERAL LAW APPLIED IS MEASURED AGAINST STATE LAW INTEREST IN HAVING STATE LAW APPLIED.
3
WILL REVOCATION - PRESUMED REVOCATION
- WILL LAST KNOWN TO BE IN TESTATOR’S POSSESSION
- TESTATOR WAS COMPETENT AT DEATH
- WILL OR DUPLICATE CAN’T BE FOUND AFTER DEATH
3
FEDERAL SUBSTITUTE SERVICE REQUIREMENTS
- SOMEONE OF SUITABLE AGE AT DEFENDANT’S RESIDENCE WHO RESIDES THERE.
- DEFENDANT’S AUTHORIZED AGENT.
- ANY METHOD PERMITTED BY STATE LAW.
2
PUTATIVE SPOUSES OCCUR WHEN
- MARRIAGE IS VOID OR VOIDABLE
- BUT ONE OR BOTH SPOUSES HAVE A GOOD FAITH BELIEF THAT MARRIAGE WAS VALID
2
BURGLARY AND FELONY MURDER
- WHERE BURGLARY IS COMMITTED FOR THE SOLE PURPOSE OF ATTACKING THE VICTIM
- IT CANNOT SUPPORT A FELONY MURDER CHARGE.
1
COLORABLE CLAIM OF INNOCENCE
- SEEMINGLY GENUINE OR LEGALLY VALID CLAIM OF INNOCENCE
3
DIVIDENDS MAY ONLY BE GIVEN WHERE
- BOARD DIRECTS
- ALLOWED BY ARTICLES
- DOES NOT CAUSE INSOLVENCY
2
FEDERAL RULE 12(B)(6) - NONWAIVABLE DEFENSES - (CAN BE RAISED ANYTIME BEFORE TRIAL IS CONCLUDED)
- FAILURE TO JOIN AN INDISPENSIBLE PARTY
- FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED
- LACK OF SMJ
2
LIMITS ON ATTORNEY SERVING ON CLIENT’S BOARD OF DIRECTORS
- NO EXPRESS LIMITS ON BOARD SERVICE FOR REPRESENTED CORPORATION
- WATCH FOR PROBLEMS WITH DUTIES OF CONFIDENTIALITY AND LOYALTY
3
ASSUMPTION OF RISK - DEFENDANT MAY RAISE DEFENSE TO NEGLIGENCE WHERE
- PLAINTIFF DELIBERATELY PUT HIMSELF AT RISK
- WITH FULL AWARENESS OF RISK
- AND CONSCIOUSLY ACCEPTED THE RISK
1
MBE MISSED - JOINT AND SEVERAL LIABILITY - WHAT CHILD PLAINTIFF MAY RECOVER WHERE ONE OF DEFENDANTS IS PARENT AND NEGLIGENCE OF PARENT NOT IMPUTED TO THE CHILD PLAINTIFF
- FULL DAMAGES FROM ANY DEFENDANT INCLUDING PARENT’S LIABILITY
4
CONSEQUENCE OF FRAUD PREVENTING REVOCATION OF WILL
- COURT WILL NOT PROBATE THE WILL
- PROPERTY GOES TO HEIRS IN A CONSTRUCTIVE TRUST
- COURT DECREES HEIRS BENEFICIARIES OF CONSTRUCTIVE TRUST
- WITH DUTIES TO TRANSFER PROPERTY TO INTENDED BENEFICIARIES
2
MATERIALITY OF STATEMENTS MADE DURING NEGOTIATION
- STATEMENTS MADE DURING NEGOTIATIONS ARE NOT STATEMENTS OF MATERIAL FACT
- MAKING FALSE STATEMENTS OK
3
RULE 26 EXPERT WITNESS DISCLOSURE MUST CONTAIN EXPERT’S
- IDENTITY
- QUALIFICATIONS
- WRITTEN REPORT
3
THE LAW WILL TREAT A DE FACTO CORPORATION AS A
- VALID CORPORATION
- SHIELDING FROM THIRD PARTY ATTACK
- BUT STILL OPEN TO QUO WARRANTO PROCEEDING
3
PROP. 8 FOR CRIMINAL COURTS
- ALL RELEVANT EVIDENCE IS ADMISSIBLE
- EVEN WHERE INADMISSIBLE UNDER CEC
- SUBJECT TO EXEMPTIONS
1
EJECTMENT
- USED TO RECOVER SPECIFIC REAL PROPERTY FROM WHICH THE PLAINTIFF WAS WRONGLY EXCLUDED
2
SUFFICIENT OFFER UNDER UCC 2
- UNDER UCC 2, AN OFFER MUST IDENTIFY THE PARTIES
- AND THE QUANTITY
2
FIFTH AMENDENT AND DOUBLE JEOPARDY
- DEFENDANT CANNOT BE TRIED FOR THE SAME OFFENSE TWICE
- ONCE JEOPARDY HAS ATTACHED TO THE ORIGINAL CRIME.
7
WILLS - NO CONTEST CLAUSES ENFORCED UNLESS BENEFICIARY CONTESTS FORFEITURE OF RIGHT TO TAKE WITH PROBABLE CAUSE ON GROUNDS OF
- FORGERY
- REVOCATION
- UNDUE INFLUENCE
- FRAUD
- DURESS
- IMPROPER EXECUTION
- INTERESTED WITNESS
2
DISTRIBUTION OF ASSETS AT DEATH - SPOUSE DIES INTESTATE
- SURVIVING SPOUSE ENTITLED TO DECEDENT’S SHARE OF CP AND QCP
- SURVIVING SPOUSE ENTITLED TO 1/3 OF DECEDENT’S SP (DEPENDING ON SURVIVING PARENTS OR ISSUE)
2
EQUITABLE LIEN
- CREATES SECURITY INTEREST IN PROPERTY HELD BY DEFENDANT
- TURNS PROPERTY INTO COLLATERAL FOR MONEY DEFENDANT OWES
3
LIABILITY FOR MALICIOUS PROSECUTION ARISES WHERE DEFENDANT
INSTITUTES OR CONTINUES CRIMINAL PROSECUTION OF PLAINTIFF
OUT OF MALICE
CASE IS TERMINATED FOR LACK OF PROBABLE CAUSE
2
MBE MISSED- GRATITUTOUS PROMISES ARE ENFORCEABLE WHERE
- THEY ARE LIKELY TO INDUCE PROMSEE’S RELIANCE
- AND DO INDUCE PROMISEE’S RELIANCE
1
FREEHOLD ESTATE IS A
- PRESENT POSSESSORY INTERESTS IN REAL ESTATE.
5
COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -
VAN CAMP FORMULA
- START SALARY FOR SPOUSE (REASONABLE MARKET RATE)
- MULTIPLY THIS BY YEARS BUSINESS OPERATED DURING MARRIAGE
- DEDUCT COMMUNITY EXPENSES PAID WITH BUSINESS FUNDS
- RESULT IS COMMUNITY PROPERTY
- REMAINDER IS MANAGING SPOUSE’S SEPARATE PROPERTY
3
TYPES OF AUTHORITY CAUSING PRINCIPAL’S LIAIBLITY FOR AGENT’S CONTRACTS
- ACTUAL EXPRESS AUTHORITY
- ACTUAL IMPLIED AUTHORITY
- APPARENT AUTHORITY
2
ABA RULES AGAINST SEXUAL RELATIONSHIP WITH CLIENT
- NOT ALLOWED UNLESS SEXUAL RELATIONSHIP EXISTED PRIOR TO REPRESENTATION
- CONFLICT NOT IMPUTED TO FIRM
2
CHILDREN
- ARE NOISY
4
BATTERY
- BATTERY IS A GENERAL INTENT CRIME
- OF ACTING TO CAUSE
- AND CAUSING AN UNCONSENTED UNLAWFUL APPLICATION OF FORCE
- TO VICTIM’S PERSON.
5
AGENCY - TO PRINICIPAL, AGENT HAS A DUTY OF
- CARE - BUSINESS JUDGMENT RULE
- LOYALTY
- OBEDIENCE
- TO COMMUNICATE
- ANY OTHER EXPRESS CONTRACT DUTIES
1
EVIDENCE - CRIMINAL - CEC- WHERE THE DEFENDANT INTRODUCES EVIDENCE OF THE VICTIM’S VIOLENT CHARACTER, THE PROSECUTION CAN ADMIT EVIDENCE THAT
- THE DEFENDANT HAS THE SAME VIOLENT TRAIT.
2
ADMISSIBILITY OF STATEMENTS IN A WILL AS EVIDENCE OF TRANSMUTATION OF ASSET
- INADMISSIBLE
- BEFORE DEATH OF DEVISOR
3
RESULTING TRUST ELEMENTS
- IMPLIED-IN-FACT TRUST
- BASED ON PRESUMED INTENT OF PARTIES
- TRANSFERS PROPERTY BACK TO SETTLOR OR ESTATE OR INTESTATE TAKERS
1
WHEN EVALUATING DOUBLE JEOPARDY, DO THIS WITH THE CRIME’S ELEMENTS
- MATCH THEM TO THE CHARGES.
2
OBJECTION - LEADING IS USED WHERE WITNESS IS ASKED A QUESTION THAT
- ON DIRECT EXAMINATION
- SUGGESTS THE ANSWER THE EXAMINING PARTY DESIRES.
1
UCC - WAIVERS OF CONDITIONS CREATED BY NO WRITING FOR MODIFICATIONS OF CONTRACTS FOR SALE OF GOODS OVER $500 NOT RETRACTABLE WHERE
- A PARTY MADE A MATERIAL CHANGE IN POSITION ON RELIANCE ON THE WAIVER
2
DISTRIBUTION OF ASSETS AT DEATH - RULES ON DEVISE OF COMMUNITY AND SEPARATE PROPERTY ASSETS
- DECEDENT CAN DEVISE ALL SP
- DECEDENT CAN DEVISE 1/2 CP AND 1/2 QCP
3
CA - POTENTIAL CONFLICTS OF INTEREST - ATTORNEY MAY NOT TAKE ON REPRESENTATION OF A CLIENT WHERE
- DIRECTLY ADVERSE TO AN ALREADY REPRESENTED CLIENT IN SAME MATTER
- SIGNFICANT RISK OF MATERIAL LIMITATION ON REPRESENTATION DUE TO REPRESENTATION OF OTHER CLIENT
- CONFLICTS WITH LAWYER’S PERSONAL INTERESTS
4
EXCEPTIONS TO PRESUMPTION OF FRAUD OR UNDUE INFLUENCE BY BENEFICIARY OF DONATIVE TRANSFER
- BLOOD RELATIVE OF TRANSFEROR
- COHABITANT OF TRANSFEROR
- PROPERTY TRANSFERRED WORTH UNDER 5K
- TRANSFER WAS REVIEWED BY INDEPENDENT COUNSEL W/OUT BENEFICIARY PRESENT
1
MBE MISSED - DYING DECLARATION EXCEPTION REQUIRES THAT THE DECLARANT BE
- UNAVAILABLE
2
RELATION BACK DOCTRINE FOR UNNAMED DEFENDANTS
- RELATES AMENDED COMPLAINT BACK TO ORIGINAL DATE OF COMPLAINT FILING
- ALLOWING PLAINTIFF TO INCLUDE DEFENDANT DESPITE STATUTE OF LIMITATIONS ISSUES
10
INTESTATE SUCCESION ORDER IF NO SS, OR AFTER SS TAKES SHARE
- ISSUE
- PARENTS, IF NO ISSUE
- SIBLINGS
- GRANDPARENTS
- AUNTS AND UNCLES
- STEPCHILDREN
- NEXT OF KIND
- PARENTS OF PREDECEASED SPOUSE
- SIBLINGS OF PREDECEASED SPOUSE
- ESCHEAT TO STATE
1
DAMAGES FOR BREACH OF LAND SALE CONTRACT
ARE USUALLY CALCULATED BY:
- FINDING THE DIFFERENCE BETWEEN THE MARKET PRICE AND THE CONTRACT PRICE
2
AVAILABILITY OF QUASI-CONTRACT REMEDY TO DEFENDANT
- AT COMMON LAW, QUASI-CONTRACT NOT AVAILABLE TO DEFENDANT
- MODERNLY, AND IN CA, QUASI-CONTRACT IS AVAILABLE REMEDY TO DEFENDANT
2
EVIDENCE - CRIMINAL - FRE AND CEC - PROSECUTION MAY BE THE FIRST TO INTRODUCE PROPENSITY EVIDENCE REGARDING DEFENDANT’S CHARACTER TO COMMIT
- SEXUAL ASSAULT
- CHILD MOLESTATION
2
OBJECTION - LACKS FOUNDATION IS USED WHERE THE QUESTION ASKED THE WITNESS
- SOUGHT INFORMATION
- THAT HAD NOT BEEN ESTABLISHED THE WITNESS HAD THE KNOWLEDGE TO ANSWER
1
SPECIAL CLASSIFICATIONS - EDUCATION - CLASSIFICATION OF ASSET
- NOT A COMMUNITY ASSET UNLESS WRITTEN AGREEMENT TO CONTRARY
3
SEARCH WARRANT - ALLOWED EVIDENCE FOR PROBABLE CAUSE
- POLICE OBSERVATION
- HEARSAY
- INFORMANT’S TIP, EVEN WHERE INFORMANT IS ANONYMOUS.
2
STATEMENTS IN DOCUMENTS AFFECTING PROPERTY INTEREST EXCEPTION
- WHERE STATEMENT IN DOCUMENT PURPORTS TO ESTABLISH OR AFFECT AN INTEREST IN PROPERTY
- IF MATTER STATED IS RELEVANT TO DOCUMENT’S PURPOSE
1
NONCOMMERCIAL INTRASTATE COMMERCE WILL TRIGGER THE COMMERCE CLAUSE ONLY WHERE
- THERE IS A DIRECT AND SUBSTANTIAL IMPACT ON INTERSTATE COMMERCE.
1
TORTIOUS ASSSAULT ELEMENTS - LIABILITY ARISES WEHRE
- DEFENDANT INTENTIONALLY ACTS TO CAUSE AND DOES CAUSE PLAINTIFF TO SUFFER APPREHENSION OF AN UNREASONABLE, IMMINENT HARMFUL OR OFFENSIVE CONTACT.
4
PUNITIVE DAMAGES ARE AWARDED WHERE THE COURT FINDS DEFENDANT ACTED WITH
- FRAUD
- OPPRESSION
- MALICE
- GROSS NEGLIGENCE
3
COMPULSORY COUNTERCLAIM ELEMENTS
- ARISE FROM SAME TRANSACTION OR OCCURRENCE AS PLAINTIFF’S CLAIM
- MUST BE RAISED IN PLAINTIFF’S CASE OR DEEMED WAIVED
- SUPPLEMENTAL JURISDICTION WILL APPLY
1
LIFE ESTATE PER AUTRE VIE
- LASTS FOR THE LIFETIME OF AN IDENTIFIED THIRD PERSON
4
COMMON LAW RAPE
- COMMON LAW RAPE IS A GENERAL INTENT CRIME
- OF ACTING WITHOUT CONSENT TO HAVE INTERCOURSE
- WITH A PERSON NOT DEFENDANT’S SPOUSE
- CAUSING EVEN THE SLIGHTEST DEGREE OF VAGINAL PENETRATION.
3
EXCEPTIONS WHERE MATERIAL TERMS ARE MERE COVENANTS INSTEAD OF EXPRESS MATERIAL CONDITIONS
- TIME OF PERFORMANCE
- PERSONAL SATISFACTION
- AGREEMENTS NOT TO ASSIGN.
3
EVIDENCES OF IMPLIED SERVITUDE
- RECORDED PLAT
- GENERAL PLAT OF RESTRICTIONS
- ORAL REPRESENTATIONS TO EARLY BUYERS
1
TIES GO AROUND
NECKS
5
PRINCIPAL’S AVAILABLE REMEDIES FOR BREACH BY AGENT
- TERMINATE RELATIONSHIP
- WITHHOLD COMPENSATION
- SEEK CONTRACT REMEDIES
- SEEK TORT DAMAGES
- SEEK INDEMNITY FOR LIABILITY FOR ACTIONS BEYOND SCOPE OF AGENCY
4
PREEMPTIVE RIGHTS OF SHAREHOLDER REGARDING PERCENTAGE OF OWNERSHIP IN CORPORATION
- AT COMMON LAW, EXISTING SHAREHOLDER MAINTAINS HER PERCENTAGE OF OWNERSHIP
- WHEN MORE STOCK WAS ISSUED
- MODERNLY DOES NOT EXIST
- UNLESS ARTICLES STATE OTHERWISE
1
IMPERFECT SELF-DEFENSE - THE JURY WILL CONSIDER AN UNREASONABLE BELIEF OF SELF-DEFENSE AS
- A MITIGATING FACTOR
3
FUTURE INTERESTS HELD BY GRANTOR
- REVERSION - GRANTOR GRANTS ESTATE LESS THAN HIS OWN
- RIGHT OF REENTRY - GRANTOR GRANTS FEE SUBJECT TO CONDITION SUBSEQUENT
- POSSIBILITY OF REVERTER - GRANTOR GRANTS FEE SIIMIPLE DETERMINABLE
3
REQUIREMENTS FOR CORPORATE ACTION AT DIRECTION OF BOARD OF DIRECTORS
- AT A PROPERLY NOTICED MEETING
- WITH MAJORITY OF BOARD OF DIRECTORS
- THE MAJORITY VOTES TO TAKE ACTION
3
SPECIAL CLASSIFICATIONS - PENSION PLANS - RESERVATION OF JURISDICTION APPROACH - FORMULA FOR FINDING CP PERCENTAGE
- DIVIDE TOTAL NUMBER OF YEARS MARRIED WHILE EARNING PENSION
- (END POINT IS COMMENCEMENT OF SEPARATION)
- BY TOTAL YEARS SPOUSE EARNED PENSION
4
EXCEPTIONS TO THE FINAL JUDGMENT RULE - FED
- INJUNCTIONS
- COLLATERAL ORDERS
- EXTRAORDINARY WRIT
- ONE CLAIM OR PARTY IS RESOLVED AND JUDGE MAKES EXPRESS DETERMINATION OF RESULTION
1
EQUAL PROTECTION CLAUSE - QUASI-SUSPECT CLASSES RECEIVE THIS LEVEL OF REVIEW
- INTERMEDIATE SCRUTINY
6
EXCEPTIONS TO FRUIT OF POISONOUS VINE RULE
- INDEPENDENT SOURCE
- INEVITABLE DISCOVERY
- PURGED TAINT
- IMPEACHMENT
- CIVIL HEARINGS
- PAROLE PROCEEDINGS
2
COMPENSATORY DAMAGES FOR TORT
- MONETARY COMPENSATION
- AWARDED TO RETURN PLAINTIFF TO THE POSITION HE WAS IN BEFORE THE TORT OCCURRED.
3
QUASI-MARITAL PROPERTY IS PROPERTY AQUIRED DURING
- A VOID OR VOIDABLE MARRIAGE
- BELONGING TO A PUTATIVE SPOUSE
- WOULD HAVE BEEN CP OR QCP IF MARRIAGE WAS VALID
2
STATE OF MIND EXCEPTION ONLY ADMISSIBLE WHEN
- STATE OF MIND WAS DIRECTLY AT ISSUE
- OFFERED TO SHOW INTENT FOR SUBSEQUENT ACTS
4
SEMI-SECRET TRUST- ELEMENTS AND SPLIT JURISDICTIONAL TREATMENT
- TESTATOR DEVISES PROPERTY TO BE HELD IN TRUST.
- BUT DOES NOT IDENTIFY THE BENEFICIARY OF THE PROPERTY.
- MAJORITY OF JURISIDCTIONS INVALIDATE AND CREATE RESULTING TRUST
- MINORITY OF JURSIDICTIONS ALLOW EXTRINSIC EVIDENCE TO PROVE BENEFICIARY’S IDENTITY.
1
TO SUCCESSFULLY CONTEST A NO CONTEST CLAUSE, THE FORFEITED BENEFICIARY MUST HAVE
- PROBABLE CAUSE
1
NOTICE STATUTE
- SUBSEQUENT BFP WITHOUT NOTICE PREVAILS OVER PRIOR GRANTEE WHO FAILED TO RECORD
2
IN SOME JURISDICTIONS, LIABILITY WILL ARISE FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS FOR
- NEGLIGENT MISHANDLING OF A CORPSE
- MISDIAGNOSIS OF HARMFUL CONTAGIOUS DISEASE
1
PUBLIC DISCLOSURE OF PRIVATE FACTS - LIABILITY ARISES WHERE
- DEFENDANT DISCLOSES PRIVATE FACTS ABOUT THE PLAINTIIFF THAT A REASONABLE PERSON WOULD FIND EMBARASSING.
4
SPECIAL CLASSIFICATIONS - PERSONAL INJURY - LIABILITIES FOR TORTFEASOR SPOUSE
- TORT LIABILITIES ARE ALWAYS SP
- UNLESS TORT OCCURED WHILE ACTING FOR BENEFIT OF COMMUNITY
- THEN SP PAYS FIRST
- REMAINING LIAIBLITY MAY COME FROM CP
2
TRIGGERS FOR TORT LIABILITY -
WHAT CONSITUTES “IN THE SCOPE”
OF AGENT-PRINCIPAL RELATIONSHIP
- WHILE PERFORMING CONDUCT OF THE TYPE HE WAS HIRED TO DO
- AND/OR AGENT INTENDED CONDUCT TO BENEFIT PRINCIPAL
2
APPARENT AUTHORITY
- PRINCIPAL PROVIDES AGENT WITH APPEARANCE OF AUTHORITY TO ACT ON PRINCIPAL’S BEHALF
- THIRD PARTY REASONABLY RELIES ON APPEARANCE
1
OBJECTION - NON-RESPONSIVE IS USED WHERE THE WITNESS
- ANSWERS OUTSIDE THE BOUNDARIES OF THE QUESTION
2
DUTY OF FAIRNESS - ATTORNEY MUST NOT
- ENGAGE IN DISHONEST CONDUCT
- TRICK THE OPPOSING PARTY
3
COMMUNITY PROPERTY ESSAY STRUCTURE (ROTH’S)
- INTRO
- GENERAL RULES
- ASSETS
3
CA COURT’S CRITERIA FOR ANALYZING “COMMON COMMUNITY OF INTEREST” FOR CLASS ACTION REQUIREMENT.
- DO COMMON QUESTIONS OF LAW OR FACT PREDOMINATE?
- IS THE CLASS REPRESENTATIVE ADEQUATE?
- WILL THE CLASS EXISTENCE OFFER SUBSTANTIAL BENEFIT TO THE PARTIES AND THE COURT?
2
EFFECT OF CREATING A SELF-DEALING CONTRACT
- CONSIDERED CONFLICT OF INTEREST
- CONTRACT IS PRESUMED VOIDABLE
2
RULE AGAINST PERPETUITIES
- NO INTEREST IS GOOD
- UNLESS IT VESTS WITHIN 21 YEARS OF SOME LIFE IN BEING AT THE CREATION OF THE INTEREST
2
WHO MAY BRING A PUBLIC NUISANCE CLAIM
- TYPICALLY GOVERNMENT ACTORS
- PRIVATE PARTIES CAN BRING ACTION WHERE THEY SUFFERED UNIQUE DAMAGES.
2
FREE EXERCISE CLAUSE GRANTS THE FREEDOM TO
- BELIEVE ANY RELIGION
- CONDUCT ONE’S SELF IN ACCORDANCE WITH ANY RELIGION
2
OBJECTION - USES FACTS NOT IN EVIDENCE IS USED WHEN
- LAWYER USES QUESTIONS ON DIRECT EXAMINATION
- THAT ARGUE ISSUES OF CASE OR FACTS
2
JUDICIAL EFFECTS OF FINDING NO VIOLATION OF THE BUSINESS JUDGMENT RULE
- COURT WILL NOT FIND BUSINESS ACTORS PERSONALLY LIABLE
- COURT WILL NOT INTERVENE IN BUSINESS MANAGEMENT DECISIONS
2
SHAREHOLDER LAWSUIT - DIRECT SUIT - SHAREHOLDER BRINGS SUIT FOR
- FOR BREACH OF FIDUCIARY DUTY
- DIRECTLY OWED TO THE SHAREHOLDER
2
SEARCH WARRANT EXCEPTION - AUTOMOBILE
- PROBABLE CAUSE EXISTS TO BELIEVE VEHICLE CONTAINS EVIDENCE OF CRIME
- EXTENDS TO ANY CONTAINER IN VEHICLE
1
MBE MISSED - OFFERS TO COMPROMISE ARE ONLY INADMISSIBLE WHEN THE CLAIM IS
- DISPUTED
1
RECORD/CONSTRUCTIVE NOTICE OF TRANSACTION
- PRIOR INTEREST WAS PROPERLY RECORED WITHIN CHAIN OF TITLE
2
CORPORATE DIRECTORS AND OFFICERS DUTY OF CARE - DIRECTORS AND OFFICERS MUST
- ACT AS A REASONABLY PRUDENT PERSON WOULD ACT
- UNDER SIMILAR CIRCUMSTANCES
1
THE PRESENT COVENANTS CONTAINED IN WARRANTY DEEDS ARE BREACH AT THE TIME
- THE DEED IS DELIVERED
1
POLICE MUST DO THIS BEFORE ENTERING PREMISES WITH A SEARCH WARRANT
- KNOCK AND ANNOUNCE
3
ESTABLISHING FRAUDULENT JOINDER TO DEFEATE DIVERSITY
- NO POSSIBLIITY OF ESTABLISHING CAUSE OF ACTION AGAINST JOINDED DEFENDANT
- FRAUDULENTLY PLED JURISDICTIONAL FACTS TO BRING DEFENDANT INTO ACTION
- MISJOINDER IS EGREGIOUS
3
TYPES OF FEE SIMPLE DEFEASIBLE
- FEE SIMPLE DETERMINABLE
- FEE SIMPLE TO SUBJECT TO CONDITION SUBSEQUENT
- FEE SIMPLE SUBJECT TO AN EXECUTORY LIMITATION
1
COLLATERAL ESTOPPEL/ISSUE PRECLUSION DEFINITION
- BARS RELITIGATION OF A SPECIFIC ISSUE
1
FEDERAL RIGHT TO JURY TRIAL GRANTED BY
- SEVENTH AMENDMENT
3
DEFENSE OF DURESS - CRIMINAL LAW - DEFENDANT MAY RAISE THE DEFENSE OF DURESS WHERE
- CRIME WAS COMMITTED DUE TO IMPLIED OR EXPRESS THREAT OF IMMINENT HARM
- TO DEFENDANT OR OTHERS
- UNLESS CRIME COMMITTED WAS MURDER.
3
TO ADMINISTER TRUST - TRUSTEE HAS ALL POWERS
- EXPRESSLY ENNUMERATED IN TRUST
- EXPRESSLY ENUMERATED AT LAW
- IMPLED BY TRUST AS NECESSARY AND APPRORIATE TO CARRY OUT TERMS OF TRUST
1
SUBLEASE DEFINTION
- A SUBLEASE IS A TRANSFER OF ANYTHING LESS THAN THE ENTIRE INTEREST REMAINING ON A LEASE TERM.
1
FEDERAL COURT - APPROPRIATE VENUE WHERE THERE ARE MULTIPLE DEFENDANTS
- VENUE IS APPROPRIATE IN ANY OF THE DISTRICTS WHERE ANY OF THE DEFENDANTS RESIDE.
1
MAILBOX RULE REVOCATION
- REVOCATION IS EFFECTIVE UPON RECEIPT.
2
CA WILL ALLOW FEE SPLITTING WITH NON-LAWYERS ONLY WHERE
- CALBAR REFERRAL SERVICE
- DECEASED ATTORNEY’S ESTATE
7
SEPARATE PROPERTY - CLASSIFICATIONS
- PROPERTY OWNED BY SPOUSE BEFORE MARRIAGE
- GIFT
- BEQUEST
- DEVISE
- DESCENT
- RENTS, ISSUES AND PROFITS OBTAINED FROM SP
- PROPERTY ACQUIRED AFTER PERMANENT SEPARATION
6
LIMITED PARTNERS IN A LIMITED PARTNERSHIP HAVE THESE RIGHTS
- ACCOUNTING
- TRANSFER SHARES (UNLESS OTHERWISE AGREED)
- MANAGE AS REASONABLE TO PROTECT INVESTMENT
- CONSENT TO WAIVE OTHER PARTNER’S OBLIGATIONS
- DISTRIBUTION BASED ON CONTRIBUTION
- TRANSFER DISTRIBUTION RIGHTS
3
SECRET TRUST
- SETTLOR LEAVES PROPERTY TO LEGATEE IN WILL
- W/OUT MANIFESTATION OF INTENT IN WILL TO CREATE TRUST
- BUT RELIES ON UNDERSTANDING W/LEGATEE TO HOLD PROPERTY IN TRUST FOR THIRD PARTY BENEFICIARIES.
5
FREEDOM OF SPEECH - UNPROTECTED SPEECH CATEGORIES
- SPEECH INCITING IMMINENT LAWLESS ACTION
- FIGHTING WORDS
- OBSCENITY
- DEFAMATION
- MOST COMMERCIAL SPEECH
2
ADEMPTION OCCURS WHEN
- PROPERTY HAS CHANGED FORM
- FROM THE TIME IT WAS IDENTIFIED IN THE WILL
2
FIDUCIARY DUTIES - PARTNERSHIP - DUTY TO ACCOUNT- TO REMEDY BREACH, PARTNERS MAY
- BRING ACTIONS FOR LOSSES CAUSED BY OTHER PARTNER’S BREACH
- REMEDY IS DISGORGEMENT OF ILL-GOTTEN PROFITS BACK TO THE PARTNERSHIP
2
MBE MISSED - FACTUAL IMPOSSIBLITY VS. LEGAL IMPOSSIBLITY DEFENSE
- LEGAL IMPOSSIBILITY IS A VALID DEFENSE OCCURRING WHEN DEFENDANT INTENDS TO COMMIT AN ACT THAT ISN’T ACTUALLY ILLEGAL VS.
- FACTUAL IMPOSSIBILITY IS NOT A VALID OFFENSE OCCURRING WHEN DEFENDANT CAN’T COMPLETE A CRIME DUE TO FACTS NOT KNOWN TO HIM AT TIME OF ATTEMPT
4
WHEN A SECURITY IS REQUIRED TO BE REGISTERED WITH THE SEC
- IF IT IS PUBLICLY TRADED
- IF IT SOLD BY AN ISSUING COMPANY
- A SECURITIES DEALER
- OR A SECURITIES UNDERWRITER
2
PRE-INCORPORATION PROMOTER DUTIES
- DUTY OF GOOD FAITH
- DUTY OF NO SECRET DEALINGS FOR PERSONAL PROFIT
1
CORPORATE BONDS
- DEBT OBLIGATION OF CORPORATION
1
COMMON LAW DUTY TO UNKNOWN TRESPASSERS
- NO DUTY
1
FREEDOM OF ASSOCIATION LIMITATIONS MUST SERVE
- COMPELLING GOVERNMENT INTEREST
2
GENERAL DAMAGES
- FLOW TO ANY PLAINTIFF AS A NATURAL RESULT OF TORT
- NONECOMONIC
3
COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -
WHEN TO USE VAN CAMP
- WHEN CHARACTER OF BUSINESS THE CAUSE FOR ITS GROWTH
- SPOUSE WAS WELL COMPENSATED DURING THE MARRIAGE
- COMMUNITY ALREADY BENEFITED FROM BUSINESS
1
A DEVISE ADEEMS BY SATISFACTION WHEN
- BENEFICIARY RECEIVES DEVISE DURING TESTATOR’S LIFETIME
1
SPOUSAL DISPOSITION POWER OVER PERSONAL ASSETS DOES NOT INCLUDE
- TESTAMENTARY CONTROL
4
PROXIMATE CAUSE - TORTS
- AN EVENT LINKING TOGETHER TOGETHER A CHAIN OF EVENTS
- UNBROKEN BY ANY UNFORESEEABLE INTERVENING EVENTS
- THAT SO DIRECTLY, FORESEEABLY AND NATURALLY RESULTS IN THE PLAINTIFF’S INJURY
- THE LAW IMPOSES CIVIL LIABILITY.
3
BONA FIDE PURCHASER FOR VALUE W/OUT NOTICE
- TAKES PROPERTY FOR VALUE
- PAYS CONSIDERATION OF AT LEAST MORE THAN NOMINAL VALUE
- WITHOUT NOTICE OF PRIOR INTEREST
2
FIDUCIARY DUTIES OWED BY SPOUSES TO EACH OTHER
- FULL DISCLOSURE OF MATERIAL FACTS
- GOOD FAITH AND FAIR DEALINGS
3
SPECIAL WARRANTY DEED
- GRANTOR WARRANTS ONLY ON HIS BEHALF
- THAT HE HAS ONLY CONVEYED THE PROPERTY TO NOONE BUT GRANTEE
- AND PROPERTY IS FREE FROM ANY ENCUMBRANCES HE MADE
2
REMOVAL TIMING LIMITS
- MOTION TO REMOVE MUST BE FILED W/IN 30 DAYS AFTER FILING FIRST REMOVEABLE PLEADING
- MUST HAPPEN W/IN YEAR OF CASE FILING
3
“OF SOUND MIND” - TESTATOR MUST UNDERSTAND
- NATURE OF TESTAMENTARY ACT OR
- NATURE AND SITUATION OF HIS PROPERTY OR
- HIS RELATIONSHIPS W/PARTIES AFFECTED BY WILL
2
WHERE THE DEFENDANT MAY RAISE THE DEFENSE OF IMPOSSIBILITY TO CONTRACT FORMATION
- DUE TO EVENTS BEYOND THE PARTIES’ CONTROL PERFORMANCE OF THE CONTRACT IS IMPOSSIBLE
- EXCUSING ALL PARTIES’ PERFORMANCE DUE TO FAILURE OF AN IMPLIED MATERIAL CONDITION THAT PERFORMANCE IS OBJECTIVELY POSSIBLE.
3
MERCHANT
- BY OCCUPATION DEALS WITH WITH THE TYPE OF GOODS IDENTIFIED BY THE CONTRACT
- OR HAS KNOWLEDGE OR SKILLS PECULIAR TO THE GOODS INVOLVED
- OR EMPLOYS AN AGENT WITH SUCH KNOWLEDGE OR SKILL.
3
FIDUCIARY DUTIES OWED SPOUSES - DUTY OF GOOD FAITH AND FAIR DEALING
- SPOUSES MUST OPERATE WITH HIGHEST DEGREE OF GOOD FAITH
- MAKE FAIR DEALINGS WITH OTHER SPOUSE
- NEVER TAKE UNFAIR ADVANTAGE OF OTHER SPOUSE
1
EVIDENCE - CRIMINAL - FRE - WHERE THE DEFENDANT INTRODUCES EVIDENCE OF THE VICTIM’S CHARACTER, THE PROSECUTION CAN ADMIT EVIDENCE THAT
- THE DEFENDANT HAS THE SAME TRAIT.
6
REQUIRED SHOWINGS FOR SPECIFIC PERFORMANCE
- INADEQUATE REMEDY AT LAW
- VALID CONTRACT WITH DEFINITE AND CERTAIN TERMS CAPABLE OF ENFORCEMENT
- SATISFACTION OF PLAINTIFF’S CONTRACT DUTIES
- MUTUALITY OF PERFORMANCE
- FEASIBILITY OF ENFORCEMENT
- NO AVAILABLE DEFENSES
3
REAL COVENANT - REQUIREMENTS FOR A BENEFIT TO RUN WITH THE LAND
- INTENT
- TOUCH AND CONCERN
- VERTICAL PRIVITY
3
UCC VARYING TERMS IN ACCEPTANCE - BOTH PARTIES ARE MERCHANTS - VARYING TERMS IN THE ACCEPTANCE NOT INCLUDED IN THE CONTRACT WHERE
- WHERE THEY MATERIALLY ALTER CONTRACT
- WHERE PARTY TO BE BOUND OBJECTS TO TERMS WITHIN A REASONABLE PERIOD OF TIME
- WHERE OFFER EXPRESSLY LIMITS ACCEPTANCE
2
BATTERY - LIABILITY ARISES WHERE
- DEFENDANT INTENTIONALLY ACTS TO CAUSE AND DOES CAUSE
- A TOUCHING A PLIATNIFF’S PERSON THAT RESULTS IN A HARMFUL OR OFFENSIVE CONTACT.
1
LIABILITY OF OLD TENANT TO LANDLORD FOR RENTAL PAYMENTS IN A SUBLEASE
- OLD TENANT IS STILL LIABLE TO LANDLORD FOR RENTAL PAYMENTS BECAUSE OF PRIVITY OF CONTRACT.
2
JEOPARDY ATTACHES WHEN
- JURY TRIAL - JURY EMPANELED AND SWORN IN.
- BENCH TRIAL - FIRST WITNESS SWORN IN.
2
CORPORATE DEBT CLASSES
- SECURED DEBT IS BOND
- UNSECURED DEBT IS DEBENTURE
2
INTERROGATION OCCURS WHEN POLICE USE
- WORDS OR ACTIONS
- REASONABLY LIKELY TO ELLICIT INCRIMINATING RESPONSES
3
QUASI-CONTRACT SCENARIOS
- NO ATTEMPT TO CONTRACT
- UNENFORCEABLE CONTRACT
- BREACHED CONTRACT
3
SIMULTANEOUS DEATH OF TESTATOR AND BENEFICIARY - WHERE TESTATOR AND BENEFICIARY DIE SIMULATENOUSLY
- IF NO CLEAR AND CONVINCING EVIDENCE THAT BENEFICIARY DIED FIRST
- BENEFICIARY WILL BE DETERMINED TO HAVE DIED FIRST
- TRIGGERING LAPSE AND ANTILAPSE STATUTES
3
PERMISSIVE JOINDER REQUIREMENTS
- CLAIM COMMON TO EACH DEFENDANT AND PLAINTIFF
- ARISING FROM THE SAME SERIES OF TRANSACTIONS OR OCCURRENCES
- AND COMMON QUESTION OF LAW OR FACT FOR EACH DEFENDANT
2
SPECIAL CLASSIFICATIONS - PENSION PLANS - APPROACHES TO AWARDING FUNDS
- RESERVATION OF JURISDICTION APPROACH
- CASH OUT APPROACH
4
ADVANCEMENT
- PERSON DIES INTESTATE
- PROPERTY GIVEN TO HEIR DURING DECEDENT’S LIFETIME AS PART OF HEIR’S SHARE OF DECEDENT’S ESTATE
- DECLARANT DECLARED GIFT IN WRITING
- HEIR ACKNOWLEDGED GIFT IN WRITING
2
DEMONSTRATIVE GIFTS
- GENERAL GIFTS
- SPECIFYING PROPERTY OR PARTICULAR FUND FROM WHICH GIFT SHOULD BE MADE
2
COMPETENCE TO STAND TRIAL - DEFENDANT IS AWARE OF
- NATURE OF PROCEEDINGS AGAINST HIM
- POSSIBLE CONSEQUENCES OF PROCEEDING
3
END OF EASEMENT BY ESTOPPEL
- SERVIENT ESTATE HOLDER CHANGES POSITION
- IN REASONABLE RELIANCE ON DOMINANT ESTATE HOLDER’S REPRESENTATION
- THAT EASEMENT WILL NO LONGER BE ENFORCED.
1
UNILATERAL OFFER
- AN OFFER THAT UNEQUIVOCALLY STATES THAT ACCEPTANCE CAN ONLY BE BY PERFORMANCE.
2
EXECUTIVE POWERS - LIMITATIONS ON EXECUTIVE PRIVILEGE
- WHERE COMPELLING GOVERNMENT INTEREST
- PRESIDENT MAY NOT REFUSE TO DISCLOSE CONFIDENTIAL INFORMATION
5
FIVE THEORIES OF LIABILITY FOR A PRODUCTS LIABILTY CLAIM
- STRICT LIABILITY
- NEGLIGENCE
- IMPLIED WARRANTY
- EXPRESS WARRANTY
- BATTERY
2
PARTIES’ RIGHTS IN A MORTGAGE CONTRACT
- MORTGAGEE - OCCUPY AND USUALLY KEEP TITLE
- MORTGAGOR - HAS LIEN ON PROPERTY WITH FORECLOSURE RIGHTS
2
SILA SEARCH - VEHICLE - PROBABLE CAUSE EXISTS TO SEARCH VEHICLE WHERE OFFICER REASONABLY BELIEVES
- ARRESTEE HAD ACESS TO VEHICLE DRUING ARREST
- VEHICLE CONTAINS EVIDENCE OF THE ARRESTED OFFENSE
1
WHEN ESTIMATED POTENTIAL DAMAGES TO REACH 75,000 REQUIREMENT FOR DIVERSITY CLAIM, ESTIMATE OF OF DAMAGES MUST BE
- MADE IN GOOD FAITH
2
TRUSTEE - DUTY TO INVEST PROPERTY AND MAKE IT PRODUCTIVE - DIFFERENT GUIDELINES FOR DIFFERENT JURISDICTIONS
- AT COMMON LAW AND SOME JURISDICTIONS, UTILIZE STATUTORY LIST OF GOOD INVESTMENTS
- MOST JURISDICTIONS AND CA NOW USE UPIA
1
OBJECTION - AMBIGUOUS IS USED WHEN
- A QUESTION COULD HAVE MORE THAN ONE MEANING
2
COMMUNITY REAL PROPERTY - DISPOSAL AND CONTROL - SALE OR LEASE
BOTH SPOUSES MUST EXECUTE WRITTEN INSTRUMENT FOR:
- SALE OF PROPERTY
- LEASE OF PROPERTY FOR OVER A YEAR
3
MODERN PER STIRPES OR PER CAPITA WITH REPRESENTATION
- EQUAL DISTRIBUTION AT FIRST LEVEL HEIRS
- WHERE FIRST LEVEL HEIRS DECEASED, THEIR SHARES ARE DIVIDED EVENLY AMONG THEIR ISSUE
- IF FIRST LEVEL HEIRS LEFT NO ISSUE, THEIR SHARES ARE DIVIDED EVENLY AMONG NEXT LEVEL
2
OPTION CONTRACT
- CONTRACT CREATED WHEN OFFEREE GIVES OFFEREE CONSIDERATION
- IN EXCHANGE FOR A PROMISE TO LEAVE THE OFFER OPEN FOR AN AGREED UPON PERIOD OF TIME.
4
REMEDIES FOR BREACH OF IMPLIED WARRANTY OF HABITIBALITY AND LANDLORD’S RECOURSE - TENANT MAY
- TERMINATE LEASE AND MOVE OUT OR
- MAKE REPAIRS AND DEDUCT COST FROM RENT OR
- PAY REDUCED RENT, REMAIN ON PREMISES AND SUE FOR DAMAGES
- LANDLORD MAY NOT EVICT FOR SEEKING REMEDIES
3
REVOCATION BY OPERATION OF LAW - PRETERMITTED SPOUSE OR CHILD WILL NOT RECIEVE INTESTATE SHARE WHERE
- INTENTIONALLY OMMITTED ON FACE OF WILL
- OTHEREWISE PROVIDED FOR IN LIEU OF WILL
- DECEDENT DEVISED SUBSTANTIALLY ALL OF ESTATE TO PARENT OF OMMITTED CHILD
2
ATTORNEY’S DUTY WHEN ROGUE EMPLOYEE THREATENS A REPRESENTED BUSINESS - ABA
- REPORT UP THE CHAIN OF COMMAND
- IF FAILS AT HIGHEST LEVEL, REPORT OUTSIDE TO EXTENT NECESSARY
1
TRESSPASS TO LAND - LIABILITY ARISES WHERE DEFENDANT
- INTENTIONALLY CAUSES ENTRY ONTO, UNDER, OR ABOVE PLAINTIFF’S LAND WITHOUT AUTHORIZATION
2
RECORDS OF RELIGIOUS ORGANIZATIONS HEARSAY EXCEPTION
- REGULARLY KEPT RECORDS OF RELIGIOUS ORGANIZATIONS
- WITH FACTS OF PERSONAL OR FAMILY HISTORY
3
REMEDY FOR MISUSE OF EASEMENT
- INJUNCTION
- DAMAGES
- NOT REMOVAL OF EASEMENT
3
AGGRAVATED ASSAULT
- A SPECIFIC INTENT CRIME
- WHERE DEFENDANT ATTEMPTS BATTERY WITH A WEAPON
- OR CAUSES VICTIM TO APPREHEND IMMINENT HARMFUL OR OFFENSIVE CONTACT WITH VICTIM’S PERSON BY USE OF A WEAPON.
1
RAPE SHIELD - FRE - CIVIL CASE - REPUTATION, SPECIFIC ACTS AND OPININON ARE ONLY ADMISSIBLE WHERE
- PROBATIVE VALUE OUTWEIGHS PREJUDICE
2
PRIVATE CITIZEN DEFENDANT MAY USE THE DEFENSE OF AUTHORITY OF LAW WHERE
- USED REASONABLE FORCE
- TO PREVENT OR STOP COMMISSION OF SERIOUS CRIME OCCURRING IN HIS PRESENCE
1
GENERAL INTENT CRIME REQUIRES THIS LEVEL OF MENS REA
- ONLY TO COMMIT THE LEGALLY PROSCRIBED CONDUCT.
1
PUNITIVE DAMAGES WILL ONLY BE AWARDED WHERE
- OTHER DAMAGES ARE ALSO AWARDED
2
EVIDENCE - CHARACTER EVIDENCE IS INADMISSIBLE TO SHOW
- CONDUCT IN CONFORMITY WITH CHARACTER
- ON A PARTICULAR OCCASION
2
GENERAL GIFTS
- NOT SPECIFIC PROPERTY
- FROM GENERAL ASSETS OF ESTATE
4
MODERN TORT LIABILITY OF LANDLORD - LANDLORDS HAVE A DUTY TO
- MAINTAIN COMMON AREAS
- FIX LATENT DEFECT OF WHICH THEY HAVE KNOWLEDGE
- MAKE NONNEGLIGENT REPAIRS
- INSPECT FOR DEFECTS WHERE PREMISES ARE HELD OPEN TO THE PUBLIC
2
PROVING INJURY FOR DEFAMATION
- LIBEL
- OR SLANDER PER SE
3
EXCEPTIONS TO ONE LAWYER’S COI DISQUALIFYING ENTIRE FIRM - COI RESULTS FROM
- LAWYER’S PERSONAL INTEREST OR
- LAWYER’S IS SCREENED FROM PARTICIPATION IN SUBJECT MATTER OF FORMER REPRESENTATION, GIVEN NO FEE AND FORMER CLIENT IS NOTIFIED IN WRITING OR
- LAWYER IS LEAVING THE FIRM
1
MIRANDA ONLY APPLIES TO THESE INTERROGATIONS
- CUSTODIAL INTERROGATIONS
1
ATTORNEY WORK PRODUCT - FEDERAL - ATTORNEY WORK PRODUCT IS
- MATERIAL PREPARED IN ANTICIPATION OF LITIGATION
3
RES GESTAE OF A FELONY - START TO FINISH
- BEGINS WITH THE FIRT SUBSTANTIAL STEP TAKEN TOWARD THE FELONY’S COMMISSION
- ENDS WITH THE ARRIVAL AT A PLACE OF RELATIVE SAFETY
- AFTER COMPLETION OF THE FELONY OR ITS ABANDONMENT.
2
THIRD PARTY TESTIMONIAL STATEMENTS ADVERSE TO DEFENDANT ARE ONLY ADMISSIBLE AGAINST DEFENDANT WHERE
- DECLARANT IS AVAILABLE FOR X-EXAM WHEN STATEMENT IS MADE
- OR AVAILABLE FOR X-EXAM AT TRIAL
1
FINAL JUDGMENT RULE
- ONLY FINAL JUDGMENTS MAY BE APPEALED
2
TYPES OF PARTNERSHIPS
- GENERAL PARTNERSHIP
- LIMITED PARTNERSHIP
2
LAND SALE CONTRACT - IMPLIED PROMISE OF MARKETABLE TITLE IMPLIEDLY PROMISES TO:
- DELIVER MARKETABLE TITLE AT THE END OF CLOSING
- FREE FROM REASONABLE DOUBT REGARDING SELLER’S ABILITY TO CONVEY PROPERTY AS REPRESENTED
1
AN ERROR IS HARMLESS WHERE THERE IS
- NO REASONABLE DOUBT THE CASE WOULD HAVE COME OUT DIFFERENTLY
4
ATTESTED WILLS REQUIRE
- EXECUTION
- EXECUTION IN PRESENCE AND AT DIRECTION OF TESTATOR
- COMPETENT WITNESSES
- DISINTERESTED WITNESSES
1
WHAT CONSTITUTES AN ANTICIPATORY BREACH
- A CLEAR STATEMENT OR INDICATION THAT THE BREACHING PARTY WILL NOT PERFORM FUTURE CONTRACTUAL DUTIES WHEN THEY BECOME DUE.
4
THE MIRANDA WARNINGS ARE
- YOU HAVE THE RIGHT TO REMAIN SILENT
- ANYTHING YOU SAY CAN BE USED AGAINST YOU IN A COURT OF LAW
- YOU HAVE THE RIGHT TO AN ATTORNEY
- IF YOU CANNOT AFFORD AN ATTORNEY, THE COURT WILL APPOINT ONE FOR YOU.
3
PERSONAL LIABILITY OF PARTNERS FOR PARTNERSHIP DEBTS
- JOINTLY AND SEVERALLY LIABILITY FOR PARTNERSHP LIABILITIES
- INDEMNIFICATION
- CONTRIBUTION RIGHTS
1
DRUG SMELLING DOGS MAY CONSTITUTE SENSORY ENHANCING TECHNOLOGY WHERE USED
- ON A FRONT PORCH
2
PIERCING THE CORPORATE VEIL CAUSES- ALTER EGO
- CORPORATE FORMALITIES IGNORED
- PERSONAL FUNDS COMMINGLED
1
REQUIREMENT FOR CONSIDERATION FOR MODFICATION OF CONTRACT UNDER THE UCC
- MODIFICATION OF CONTRACT FOR THE SALE OF GOODS DOES NOT NEED CONSIDERATION FOR THE SALE OF GOODS TO BE BINDING AT LAW.
1
WHAT TYPE OF ACTIONS IS VENUE IS PROPER WHERE DEFENDANT RESIDES VS. WHERE THE DISPUTED PROPERTY IS LOCATED - FEDERAL
- IN TRANSITORY ACTIONS
1
DUTY TO NOT SUBORN PERJURY - ATTORNEY MUST NOT
- CALL A WITNESS THAT THE LAWYER KNOWS WILL PERJUR HIMSELF.
1
LIABILITY OF NEW TENANT FOR ASSIGNED LEASE
- NEW TENANT IS RESPONSIBLE TO LANDLORD FOR RENTAL PAYMENTS DUE TO PRIVITY OF ESTATE
4
EASEMENT BY PRESCRIPTION REQUIREMENTS
- CONTINUOUS USE FOR STATUATORY PERIOD
- OPEN AND NOTORIOUS USE
- HOSTILE USE
- TACKING OK
1
RACE-NOTICE STATUTE
- SUBSEQUENT BFP THAT RECORDS FIRST PREVAILS OVER GRANTEE THAT DIDN’T RECORD FIRST
2
MAGISTRATE ISSUING SEARCH/ARREST WARRANT REQUIREMENTS
- NEUTRAL
- DETACHED FROM CASE
2
STATEMENT OF AGENT HEARSAY EXCEPTION
- STATEMENT OF EMPLOYEE WHILE IN THE SCOPE OF JOB
- WHO IS AUTHORIZED TO SPEAK ON EMPLOYER’S BEHALF.
3
RUPA AND PARTNERSHIP AGREEMENTS - PARTNERS CAN AGREE TO BE GOVERNED BY
- RULES DIFFERENT FROM RUPA
- RULES FROM RUPA AND ALTERNATIVE RULES
- BUT CERTAIN RUPA RULES CANNOT BE WAIVED.
6
INCIDENTAL DAMAGES FOR BUYERS - EXPENSES REASONABLY INCURRED FOR RIGHTFULLY REJECTED GOODS INCLUDE
- INSPECITION
- RECEIPT
- TRANSPORTATION
- CARE
- CUSTODY OF GOODS
- AND OTHER EXPENSES INCIDENTAL TO SELLER’S BREACH
3
MANUFACTURING DEFECT - PLAINTIFF MUST PROVED DEFENDANT
- MANUFACTURED PRODUCT
- PRODUCT WAS UNREASONABLY DANGEROUS WHEN IT LEFT DEFENDANT’S CONTROL
- CAUSING PLAINTIFF HARM
1
WHERE IMPROVED LAND COLLAPSES, TO ESTABLISH LIABILITY OF EXCAVATOR, PLAINTIFF MUST SHOW
- EXCAVATOR WAS NEGLIGENT.
1
CONGRESSIONAL POWERS - CONGRESS MAY DELEGATE ITS REGULATORY POWERS TO OTHER BRANCHES OF GOVERNMENT WHERE
- INTELLIGIBLE PRINCIPALS GOVERN THE EXERCISE OF THIS AUTHORITY
1
WHEN MAY THE NONBREACHING BUYER SEEK SPECIFIC PERFORMANCE?
- THE NONBREACHING BUYER MAY SEEK SPECIFIC PERFORMANCE WHEN THE SUBJECT GOODS WERE UNIQUE.
3
CORPORATE OFFICERS AND DIRECTORS - FUDICIARY DUTIES - OFFICERS AND DIRECTORS HAVE A DUTY OF
- CARE
- LOYALTY
- DISCLOSURE
2
CONSTRUCTIVE EVICTION APPLIES TO
- RESIDENTIAL LEASES
- COMMERCIAL LEASES
3
REAL COVENANT - WHERE BFP FOR VALUE HAS NOT NOTICE, HE WILL NOT BE
- BOUND BY A REAL COVENANT
- BURDENING THE LAND
- WHERE THERE IS NO ACTUAL, CONSTRUCTIVE, OR QUERY NOTICE.
3
ESTABLISHING A DUTY OF TRUST FOR 10(b)(5) -2 CAUSING MISAPPROPRIATION FOR BREACH
- PERSON AGREES TO MAINTAIN INFORMATION IN CONFIDENCE OR
- RELATIONSHIP BETWEEN THE PARTIES ESTABLISHES AN EXPECTATION OF CONFIDENCE OR
- FAMILIAL RELATIONSHIP WITH AN UNDERSTANDING INFORMATION IS MATERIAL, NONPUBLIC AND CONFIDENTIAL.
2
STOCK SHARES DEFINITION
- EQUITY SECURITIES
- GRANTING SHAREHOLDER INTEREST IN CORPORATION
1
CORPORATE OFFICERS - APPOINTMENT
- APPOINTED BY BOARD
2
MEETING 75,000 FOR DIVERSITY IN A CLASS ACTION
- A CLASS REPRESENTATIVE MUST INDIVIDUALLY MEET THE 75,000 BENCHMARK.
- AGGREGATION OF ALL CLAIMS IN CLASS NOT ALLOWED.
1
PREMARITAL AGREEMENTS AND CHILD SUPPORT
- CHILD SUPPORT CANNOT BE WAIVED BY PREMARITAL AGREEMENT
2
ENFORCEABLITY OF DELEGATION OF UNIQUE SERVICES
- WHERE THE CONTRACT DUTIES ARE PERFORMANCE OF PROMISEE’S UNIQUE SERVICES OR ATTRIBUTES
- A DELEGATION OF DUTIES WILL BE FOUND FOUND.
1
PARTNERSHIP AGREEMENTS - WHERE A PARTNERSHIP ISSUE IS NOT ADDRESSED,
- RUPA WILL GOVERN
3
EASEMENT CREATION BY NECESSITY
- OWNER DIVIDES TRACT
- DEPRIVING ONE LOT ACCESS TO SERVICE
- PRIOR USE OF SERVIENT NOT REQUIRED
1
UNIFORM PRUDENT INVESTOR ACT - FOR TRUST INVESTMENTS - THE STRATEGY OF RISK AND RETURN OBJECTIVE SHOULD BE
- REASONABLY SUITED TO THE TRUST
3
EXHAUSTION METHOD
- FUNDS IN COMMUNITY ACCOUNT DEPLETED
- ONLY FUNDS IN SP ACCOUNT AVAILABLE
- WHEN PROPERTY PURCHASED
3
CA COMPETENCY REQUIREMENTS - ATTORNEY MUST NOT FAIL TO COMPETENTLY PERFORM DUTIES THESE WAYS
- INTENTIONALLY
- RECKLESSLY
- REPEATEDLY
5
SOF REQUIREMENTS FOR LAND SALE CONTRACT
- CONTRACT IN WRITING
- NAMES PARTIES
- SIGNED BY PARTY TO BE BOUND
- SUFFICIENTLY DESCRIBES LAND
- STATES CONSIDERATION
2
HOLOGRAPHIC WILL - CAUSES OF INVALIDITY WHERE INCONSISTENCIES
- MISSING DATE
- DOUBT AS TO WHETHER OR NOT ANOTHER WILL CONTROLS
1
REGISTERED DOMESTIC PARTNERSHIPS
- REGISTERED DOMESTIC PARTNERS ARE AFFORDED SAME RIGHTS AND PROTECTIONS AS MARRIED PARTNERS
2
REAL EVIDENCE MAY BE AUTHENTICATED BY
- DISTINCTIVE CHARACTERISTICS
- CHAIN OF CUSTODY
5
LIABILITY RESULTING FROM TRESPASS TO CHATTELS - DEFENDANT IS LIABLE FOR
- ACTUAL DAMAGES CAUSED
- MEASURED BY REPAIR COSTS
- TEMPORARY REPLACEMENT RENTAL FEES
- LOST RENTAL REVENUE
- (TYPICALLY MAY NOT EXCEED CHATTEL’S VALUE)
5
SPENDTHRIFT TRUST
- TRUSTEE CAN’T VOLUNTARILY ALIENATE INTEREST
- SECURES BENEFICIARY AGAINST HIS OWN IMPROVIDENCE
- PROTECTING INTEREST FROM 3RD PARTY CREDITORS
- UNTIL INTEREST HAS BEEN PAID TO BENEFICIARY
- EXCEPT FOR CS, ALIMONY, GOVERNMENT CREDITORS AND LIFE NECESSARIES
1
EQUAL PROTECTION CLAUSE - NON-SUSPECT CLASSES RECEIVE THIS LEVEL OF REVIEW
- RATIONAL BASIS
2
MBE MISSED - STATUTE STATUE GOVERNING COMMERCIAL SPEECH THAT ISN’T FALSE, DECEPTIVE OR ILLEGAL IS ONLY VALID WHERE IT
- DIRECTLY ADVANCES A SUBSTANTIAL GOVERNMENT INTEREST
- REASONABLY TAILORED TO ACHIEVE IMPORTANT INTEREST
1
LIABILITY OF OUTGOING PARTNERS
- OUTGOING PARTNERS ARE LIABLE FOR PRE-DISASSOCIATION DEBT
4
DEBT - LIABILITY OF COMMUNITY FOR TORTFEASOR SPOUSE
- COMMUNITY IS NOT LIABLE FOR TORTS OF SPOUSE
- UNLESS TORT COMMITTED FOR BENEFIT OF COMMUNITY
- COMMUNITY FUNDS MAY BE USED ONCE SEPARATE FUNDS ARE EXHAUSTED
- REIMBURSEMENT ALLOWED WHERE ONE ESTATE PAYS FOR THE LIABILITY OF ANOTHER
2
MBE - WILL SUBSTANTIAL CONTRIBUTION TO PRIVATE SCHOOL BUDGET TRANSFORM PRIVATE ACTION INTO PUBLIC ACTION?
- NO.
- EVEN 90 PERCENT CONTRIBUTION DIDN’T TRANSFORM TO STATE ACTION.
2
CO-DEFENDANTS - ONE DEFENDANT CONFESSES. CONFESSION MAY ONLY BE USED IN NON-CONFESSING DEFENDANT’S CRIMINAL TRIAL WHERE
- ALL IMPLICATING DETAILS ARE ABLE TO BE REDACTED
- OR CONFESSING CO-DEFENDANT TAKES THE STAND AND IS SUBJECT TO X-EXAM.
3
A PURCHASE MONEY MORTGAGE IS THE
- MORTGAGE FUNDING THE ORIGINAL PURCHASE OF PROPRERTY
- GETS FIRST PRIORITY TO PROCEEDS OF FORECLOSURE SALE
- BUT MAY NOT TAKE A DEFAULT FOR ANY BALANCE OWED
2
IMPLIED EQUITABLE SERVITUDE - DEFINITION
- RESTRICTIVE SERVITUDE
- IMPLIED BY COMMON SCHEME OR DEVELOPMENT.
4
DISSOLUTION OF LIMITED PARTNERSHIP
- AT TIME SPECIFIED IN LP AGREEMENT
- UPON WRITTEN CONSENT OF ALL PARTNERS
- UPON DISASSOCIATION OF GENERAL PARTNER UNLESS OTHERWISE AGREED
- UPON JUDICIAL DECREE
1
CONTRIBUTORY NEGLIGENCE AVAILABLE DEFENSE WHERE
- PLAINTIFF CONTRIBUTED TO HIS OR HER OWN INJURY
5
CLASSIFICATIONS OF TESTAMENTARY GIFTS
- SPECIFIC GIFTS
- CLASS GIFTS
- GENERAL GIFTS
- DEMONSTRATIVE GIFTS
- RESIDUARY GIFTS
2
APPURTENANT EASEMENT
- CREATED TO BENEFIT A PARTICULAR PIECE OF LAND (DOMINANT ESTATE)
- TIED TO A PARTICULAR PIECE OF LAND (SERVIENT ESTATE)
3
MERCHANT’S FIRM OFFER
- UNDER UCC 2, A MERCHANT’S SIGNED WRITTEN OFFFER
- THANT PROMISES TO LEAVE AN OFFER OPEN FOR A FIXED PERIOD OF TIME OR STATES “FIRM OFFFER”
- CANNOT BE REVOKED FOR A PERIOD OF TIME STATED IN THE OFFER UP TO THREE MONTHS.
3
STOCK SUBSCRIPTION AGREEMENT
- WRITTEN PROMISE TO BUY SHARES OF STOCK
- POST-INC IMMEDIATELY BINDING
- PRE-INC IRREVOCABLE FOR SIX MONTHS AND MUST BE ACCEPTED BY CORPORATION
3
CORPORATE OFFICERS JOB ACTIONS
- IMPLEMENT BOARD DECISIONS
- ACT AS AGENTS OF CORP
- ACTIONS BIND CORP
7
FORMATION GROUNDS FOR SEEKING RESCISSION
- MUTUAL MISTAKE
- MISREPRESENTATION
- LACK OF CAPACITY
- DURESS
- UNDUE INFLUENCE
- UNDUE CONSIDERATION
- UNILATERAL MISTAKE (IF OTHER PARTY SHOULD HAVE KNOWN)
3
FIDUCIARY DUTIES OWED SPOUSES - DUTY OF GOOD FAITH AND FAIR DEALING - SPOUSES MUST
- OPERATE WITH HIGHEST DEGREE OF GOOD FAITH
- MAKE FAIR DEALINGS WITH OTHER SPOUSE
- NEVER TAKE UNFAIR ADVANTAGE OF OTHER SPOUSE
2
SUPREMACY CLAUSE - FIELD PREEMPTION - IMPLIED PREEMPTION
- COMPREHENSIVENESS OF FEDERAL SCHEME - HOW MUCH LEFT UNCOVERED
- FEDERAL AGENCY WAS CREATED TO OVERSEE THE AREA
2
COLLATERAL BAR ON PRIOR RESTRAINT RULE
- CAN’T ASSERT UNCONSTUTIONAL RESTRAINT ON SPEECH
- AFTER PRIOR RESTRAINT ISSUED
2
DEFENSE OF PREVENTION OF CRIME - DEFENDANT IS PRIVILEGED TO USE
- E REASONABLE FORCE
- TO PREVENT COMMISSION OF SERIOUS CRIMES OCCURRING IN HER PRESENCE. .
1
REGISTERED DOMESTIC PARTNERSHIPS
- REGISTERED DOMESTIC PARTNERS ARE AFFORDED SAME RIGHTS AND PROTECTIONS AS MARRIED PARTNERS
2
TENANTS DUTY TO PAY RENT WHEN NO FAULT DESTRUCTION OF PREMISES OCCURS
- AT COMMON LAW - TENANT MAINTAINS DUTY TO PAY
- MODERNLY, MOST JX ALLOW TERMINATION
4
CA REQUIREMENTS FOR ATTORNEY ADVERTISING
- MAILER MUST STATE IT IS ATTORNEY ADVERTISING ON OUTSIDE AND INSIDE
- ADVERTISEMENT MUST BE HELD FOR TWO YEARS
- MAILER MUST INCLUDE ATTORNEY’S CONTACT INFORMATION
- ATTORNEY’S FIELD OF EXPERTISE
3
WHARTON’S RULE
- UNDER THE WHARTON RULE
- MULTILPLE DEFENDANTS MAY NOT BE CONVICTED WITH CONSPIRACY
- WHERE IT TOOK THE SAME NUMBER OF PARTICIPANTS TO COMMIT THAT SPECIFIC CRIME.
1
MBE MISSED - REVERTERS ARE NOT SUBJECT TO THE RULE AGAINST PERPETUITIES BECAUSE
- THEY VEST AT THE MOMENT THEY ARE CREATED.
3
SIXTH AMENDMENT - UNDER THE SIXTH AMENDMENT, INFFECTIVE COUNSEL IS ESTABLISHED WHERE
- COUNSEL DID NOT ACT HOW A REASONABLE ATTORNEY WOULD ACT IN A SIMILAR SITUATION
- DEFICIENCY IN REPRESENTATION CAUSED PREJUDICE TO DEFENDANT
- SAID PREJUDICE CAUSED RESULT THAT BUT FOR THE DEFICIENCY THE RESULT WOULD HAVE BEEN DIFFERENT.
1
TRUST TERMINATION POWERS - TRUSTEE
- TRUSTEE DOES NOT HAVE POWER TO TERMINATE TRUST EXCEPT FOR WHERE TRUST PROVIDES
2
COMMON LAW REQUIREMENTS FOR TIMELY PERFORMANCE BECOMING A MATERIAL CONDITION OF THE CONTRACT
- TIMELY PERFORMANCE MAY BE AN EXPRESS MATERIAL CONDITION OF THE CONTRACT
- OR WHERE PARTIES KNOW TARDY PERFORMANCE WILL DENY THE EXPECTED BENEFIT OF THE BARGAIN, TIMELY PERFORMANCE IS AN IMPLIED MATERIAL CONDITION.
4
MANDATORY WITHDRAWAL TRIGGERS
- PHYSICAL OR MENTAL CONDITION MAKES MATERIALLY IMPAIRS REPRESENTATION
- REPRESENTATION WILL RESULT IN VIOLATION OF RULES OR LAW
- CLIENT DISCHARGES ATTORNEY
- CA - CLIENT WANTS TO PURSUE FRIVOLOUS LAWSUIT
3
CONTRACTS - DEFENSE OF FRUSTRATION OF PURPOSE MAY BE RAISED WHERE
- PARTIES ENTERED INTO THE CONTRACT KNOWING A PURPOSE OF THE BARGAIN
- MAKING EXISTENCE OF THIS PURPOSE AN IMPLIED MATERIAL CONDITION OF THE CONTRACT
- EXCUSING PARTIES FROM PERFORMANCE WHEN UNFORESEEN EVENTS FRUSTRATE THIS PURPOSE.
4
TIME, PLACE OR MANNER RESTRICTIONS - TO REGULATE SPEECH AT PUBLIC FORUM - THE REGULATION MUST BE
- CONTENT NEUTRAL
- NARROWLY TAILORED
- TO SERVE IMPORTANT GOVERNMENT INTEREST
- LEAVE ALTERNATIVE CHANNELS OF COMMUNICATION OPEN
2
ATTORNEY WORK PRODUCT - CALIFORNIA - FOR QUALIFIED PRIVILEGE - THE PARTY SEEKING TO DISCOVERY THE PRODUCT MOST SHOW
- UNFAIR PREJUDICE
- OR INJUSTICE WILL OCCUR
3
EVIDENTIARY ELEMENTS OF MOTION FOR SUMMARY JUDGMENT
- EVIDENCE VIEWED IN LIGHT MOST FAVORABLE TO NONMOVING PARTY
- NO CREDIBILITY EVALUATIONS
- ONLY FIRST HAND KNOWLEDGE
2
ELEMENTS OF ATTORNEY CLIENT PRIVILEGE
- EVIDENTIARY PRIVILEGE
- ALLOWING CLIENT TO PREVENT LAWYER FROM TESTIFYING IN COURT ABOUT COMMUNICATIONS
1
REAL COVENANT - HORIZONTAL PRIVITY REQUIREMETN
- THE ORIGINAL COVENANTING PARTIES SHARED AN INTEREST IN THE LAND INDEPENDENT OF THE COVENANT.
1
IMPLIED EQUITABLE SERVITUDE - ACTUAL NOTICE OCCURS WHERE
- GRANTEE WAS INFORMED OF THE EXISTENCE OF COVENANTS.
3
CY PRES DOCTRINE
- OBJECTIVE OF CHARITABLE TRUST BECOMES IMPOSSIBLE OR IMPRACITABLE TO FULFILL
- COURT SUBSTITUTES ANOTHER OBJECTIVE AS CLOSE AS POSSIBLE TO THE ORIGINAL
- IF CY PRES CAN’T WORK, COURTS PUT FUNDS IN RESULTING TRUST
5
SELF-AUTHENTICATING EVIDENCE
- CERTIFIED PUBLIC DOCUMENTS
- ACKNOWLEDGED DOCUMENTS
- OFFICIAL PUBLICATIONS
- NEWSPAPERS
- PERIODICALS
4
MODERN RAPE
- MODERNLY, THE CRIME OF RAPE HAS BEEN EXPANDED
- TO INCLUDE ANY UNCONSENTED ACT THAT CAUSES PENETRATION OF THE VICTIM
- REGARDLESS OF VICTIM’S SEX
- OR MARITAL STATUS.
2
EXTORTION
- AT COMMONLAW, EXTORTION WAS MISDEMEANOR CRIME OF UNLAWFULL FEE COLLECTION BY PUBLIC OFFICER
- MODERNLY, EXTORTION IS CRIME OF OBTAINING PROPERTY BY MAKING SPECIFIC THREATS ENUMERATED BY JURISDICTION.
2
SPOUSE POWER OF DISPOSITION - SPOUSES HAVE
- EQUAL POWER OF DISPOSITION
- WITH CONSENT REQUREMENTS
2
RELATING BACK AND CALIFORNIA DOE AMENDMENTS
- IF CA PLAINTIFF IDENTIFIES THE DOE WITHIN THREE YEARS OF FILING ORIGINAL COMPLAINT
- AMENDED COMPLAINT WILL “RELATE BACK” TO ORIGINAL FILING DATE.
4
SPECIAL CLASSIFICATIONS - PERSONAL INJURY - LIABILITIES FOR TORTFEASOR SPOUSE
- TORT LIABILITIES ARE ALWAYS SP
- UNLESS TORT OCCURED WHILE ACTING FOR BENEFIT OF COMMUNITY
- THEN SP PAYS FIRST
- REMAINING LIAIBLITY MAY COME FROM CP
2
PERSONAL SATISFACTION AS AN EXPRESS MATERIAL CONDITION
- PARTIES MAY AGREE TO MAKE PERSONAL SATISFACTION AN EXPRESS MATERIAL CONDITION OF THE CONTRACT
- CREATING NO LEGAL DUTY TO PAY WHEN BUYERS ARE NOT PERSONALLY SATISIFIED.
1
MIRANDA - SUSPECT’S INVOCATION OF RIGHT TO COUNSEL
- MUST BE UNAMBIGUOUS
2
PERIODIC TENANCY - CREATED BY
- EXPRESSLY - MONTH TO MONTH CONTRACT OR
- IMPLICATION
4
REQUIREMENTS TO GIVE AWARD OF
COMPENSATORY DAMAGES
- CAUSATION OF INJURY
- FORSEEABLE BY REASONABLE PERSON
- INJURY UNAVOIDABLE BY PLAINTIFF
- DAMAGES CAN BE CALCULATED WITH CERTAINTY
2
ENFORCEABLITY GRATUITOUS DELEGATION
- GRATITOUS DELEGATION IS NOT ENFORECABLE AT EQUITY
- UNLESS THERE IS DETRIMENTAL RELIANCE.
6
INHERENTLY DANGEROUS FELONIES AT COMMON LAW
- BURGLARY
- ROBBERY
- RAPE
- ARSON
- MAYHEM
- SODOMY
3
EXCEPTIONS TO PRINCIPAL NOT HAVING LIABILITY FOR INTENTIONAL TORTS OF AN AGENT
- SPECIFICALLY AUTHORIZED
- NATURAL RESULT FROM EMPLOYMENT
- TORTIOUS ACT WAS MOTIVATED BY INTENT TO SERVE PRINCIPAL
2
RECOVERY OF UNEARNED FEES
- MAY RECOVER FEES WHERE FIRED BY CLIENT
- MAY NOT RECOVER FEES WITH WITHDRAWN
2
GIFTS FROM CLIENT PROSCRIPTION
- LAWYER CANNOT INDUCE OR SOLICIT A SUBSTANTIAL GIFT FROM CLIENT
- CANNOT PREPARE AN INSTRUMENT GIVING HIMSELF A GIFT UNLESS HE’S RELATED TO CLIENT
3
PLAINTIFF’S PERFORMANCE REQUIREMENT FOR AN AWARD OF SPECIFIC PERFORMANCE MAY BE SATISIFED WHEN PLAINTIFF SHOWS HER PERFORMANCE DUTIES
- HAVE BEEN PERFORMED
- CAN BE PERFORMED IMMEDIATELY
- OR VALID EXCUSE EXISTS FOR THEIR NON-PERFORMANCE
6
SECTION 16(B) SHORT SWING PROFITS
LIABILITY IS TRIGGERED WHEN
- CORPORATE INSIDER
- BUYS AND SELLS
- OR SELLS AND REPURCHASES
- ANY SHARES OF THEIR CORPORATION
- WITHIN SIX MONTHS OF THE INTITIAL TRANSACTION
2
PUBLIC NUSIANCE - LIABILITY ARISES WHERE DEFENDANT
- CREATES UNREASONABLE INTERFERENCE
- THAT PARTICULARLY INJURES PLAINTIFF’S USE AND ENJOYMENT OF PUBLIC RESOURCES
2
MANDATORY DISMISSAL IN CALIFORNIA
- WHERE CASE IS NOT BROUGHT TO TRIAL W/IN FIVE YEARS
- WHERE CASE HAS NOT BEEN SERVED W/IN TWO YEARS OF FILING
2
REASONABILITY REQUIREMENT FOR DEFENSE OF NECESSITY PRIVILEGE TO EXIST
- VALUE OF PROPERTY DEFENDED MUST OUTWEIGH
- VALUE OF DAMAGE CAUSED BY DEFENSE
2
DISTRIBUTION OF ASSETS AT DEATH - DECEDENT TRIES TO DEVISE MORE THAN 1/2 COMMUNITY ASSETS IN WILL
- SURVIVING SPOUSE MAY ELECT TO TAKE CP RIGHTS INSTEAD OF DEVISE
- SURIVING SPOUSE MAY ELECT TO TAKE DEVISE UNDER WILL IN LIEU OF CP RIGHTS
1
MBE MISSED - AN AGREEMENT EXCHANGING PAYMENT FOR WRITING AN OFFER (PERFORMANCE) IS A
- UNILATERAL CONTRACT
3
FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT - OWNERSHIP IS
- POTENIALLY INFINITE
- SUBJECT TO OCCURENCE OF POSSIBLE EVENT
- IF GRANTOR TIMELY EXERCISES RIGHT OF REENTRY
3
THREE PRESENT COVENANTS OF TITLE CONTAINED IN GENERAL WARRANTY DEED
- SEISIN - WARRANTS GRANTOR OWNS WHAT HE PURPORTS TO OWN
- RIGHT TO CONVEY - WARRANTS GRANTOR HAS POWER TO MAKE CONVEYANCE
- AGAINST ENCUMBRANCES - WARRANTS NO MORTGAGES, LIENS, EASEMENTS OR OTHER USE RESTRICTIONS ON LAND
1
MBE MISSED - FOR STATE LICENSING QUESTIONS, LOOK FOR LICENSING REQUIREMENT’S EFFECT ON
- INTERSTATE COMMERCE
3
PROCEDURAL DUE PROCESS - WHERE A LIFE, LIBERTY OR PROPERTY INTEREST HAS BEEN IMPAIRED, EVALUATION OF NECESSITY FOR PROCESS IS A BALANCING TEST BETWEEN
- IMPORTANCE OF PRIVATE INTEREST AFFECTED
- LIKELIHOOD OF PROCESS PRODUCING BETTER RESULTS
- BURDEN PROCESS WILL CREATE ON GOVERNMENT
6
INADEQUATE LEGAL REMEDY FOR FOR INJUNCTIVE RELIEF MAY RESULT FROM
- INSOLVENT DEFENDANT OR
- MONEY DAMAGES SPECULATIVE OR
- MONEY DAMAGES INADEQUATE OR
- MULTIPLICITY OF POTENTIAL LAWSUITS OR
- PROSPECTIVE TORT COULD OCCUR OR
- PROPERTY IS UNIQUE
3
SELF-RESPRESENTATION IS ALLOWED WHERE DEFENDANT WAIVES HIS RIGHT TO COUNSEL
- KNOWINGLY,
- INTELLIGENTLY
- AND WILLING
2
REAL COVENANT - CL AND MODERN NOTICE REQUIREMENT FOR A BURDEN TO RUN WITH THE LAND
- AT COMMON LAW, NO NOTICE REQUIREMENT
- MODERNLY, ACTUAL, CONSTRUCTIVE OR QUERY NOTICE REQUIRED.
2
INTERVENTION OF RIGHT - INTERVENOR HAS INHERIT RIGHT TO PARTICIPATE WHERE
- PARTY HAS PROPERTY OR TRANSACTION THAT IS THE SUBJECT OF THE INSTANT CASE
- PARTY SHOWS HER INTERESTS ARE NOT PRESENTLY REPRESENTED IN LAWSUIT
7
UNINCORPORATED WRITING REFERENCING LIMITED TANGIBLE PERSONAL ITEMS MAY BE ADMITTED INTO PROBATE WHERE:
- REFERRED TO IN THE WILL
- DATED AND IN TESTATOR’S HANDWRITING
- OR SIGNED BY TESTATOR
- UNLESS INTENT CAN BE SHOWN
- DESCRIBES ITEMS AND BENEFICIARIES
- EACH ITEM IS WORTH 5K OR LESS
- NO MORE THAN 25K TOTAL DISPOSED
2
DOMICILE REQUIREMENTS FOR PRIVATE CITIZEN
- PARTY HAS SUBJECTIVE INTENT TO MAKE STATE HIS PERMANENT HOME
- PARTY IS PHYSICALLY PRESENT IN THE STATE.
1
CONSEQUENCE OF CONTRIBUTORY NEGLIGENCE
- COMPLETE BAR TO PLAINTIFF’S RECOVERY
2
SUBAGENT’S DUTIES
- AUTHORIZED ACTIVITY - SAME DUTY OWED TO PRINCIPAL
- UNAUTHORIZED ACTIVITY - DUTY OWED ONLY TO AGENT
3
SUPREMACY CLAUSE CAN BE VIOLATED WHERE STATE LAW
- IS IN DIRECT CONFLICT WITH FEDERAL LAW
- INTERFERES WITH ACHIEVEMENT OF FEDERAL OBJECTIVE
- INTERFERES WITH FIELD CONGRESS INTENDS TO OCCUPY EXCLUSIVELY
2
UNSOLD VS. SOLD STOCK SHARES
- UNSOLD SHARES ARE AUTHORIZED AND UNISSUED
- SOLD SHARES ARE ISSUED AND OUTSTANDING
4
END OF EASEMENT BY PRESCRIPTION
- ADVERSE
- OPEN
- CONTINUOUS FOR STATUATORY PERIOD
- INTERRUPTION OF EASEMENT HOLDERS USE OF EASEMENT
2
TITLED PROPERTY DEEMED ASSETS OF PARTNERSHIP WHERE
- TITLED IN PARTNERSHIP’S NAME
- TITLED IN PARTNER’S NAME AND INSTRUMENT TRANSFERRING TITLE INDICATES OWNER IS PARTNER OR REFERENCES PARTNERSHIP
4
GENERAL DAMAGES COMPENSATE FOR
- PAIN
- SUFFERING
- INCONVENIENCE
- EMOTIONAL DISTRESS
3
WHO IS AN INTENDED THIRD PARTY BENEFICIARY?
- A PARTY INTENDED TO BENEFIT FROM A CONTRACT
- WHO MAKE SEEK TO ENFORCE THE CONTRACT
- OR SEEK DAMAGES FOR ITS BREACH.
2
DIVISIBLE CONTRACT
- A CONTRACT DIVIDING THE PARTIES’ PERFORMANCE DUTIES INTO SETS OF MATCHED PAIRS
- SO FAILURE OF ONE PERFORMANCE DUTY DOES NOT AMOUNT TO BREACH OF THE ENTIRE CONTRACT.
4
PREMARITAL AGREEMENT DISCLOSURE REQUIREMENTS - DISCLOSURE MUST BE
- COMPLETE
- RECEIVED AT LEAST SEVEN DAYS BEFORE SIGNING
- ADVISE RECIPIENT TO SEEK INDEPENDENT COUNSEL
- IN LANGUAGE OF RECIPIENT’S UNDERSTANDING
1
DEFENSE OF NECESSITY MAY BE RAISED BY DEFENDANT WHERE
- PRIVILEGE EXISTS TO PROTECT SAFETLY OF SELF, OTHERS AND/OR PROPERTY
3
CONTRACTS - DEFENSE OF MUTUAL MISTAKE AVAILABLE WHERE
- PARTIES ENTERED THE CONTRACT WITH A MUTUAL MISUNDERSTANDING OF MATERIAL FACT
- MAKING THE CONTRACT VOID AB INITIO
- BECAUSE THERE NEVER WAS A MEETING OF MINDS
4
DEFENSE OF DOMESTIC AUTHORITY
- DEFENDANTS WITH LEGALLY RECOGNIZED POSITIONS OF AUTHORITY OVER OTHERS
- HAVE A QUALIFIED PRIVILEGE
- TO USE REASONABLE NON-DEADLY FORCE
- IN THE PROPER PERFORMANCE OF THEIR DUTIES.
4
REVOCATION OF WILL - PHYSICAL ACT
- DESTRUCTIVE ACT
- BY TESTATOR
- OR IN TESTATOR’S PRESENCE AT HIS DIRECTION
- WITH INTENT TO REVOKE WILL
2
OCCURENCES THAT WILL CONSTITUTE A BREACH OF GOOD FAITH
- FRAUD OR CONCEALMENT AT THE TIME OF THE CONTRACT
- FAILURE OF AN IMPLIED COVENANT
1
SPECIFIC GIFTS
- SPECIFIC, IDENTIFIABLE PROPERTY
2
SUBSTITUTE SERVICE REQUIREMENTS -CORPORATIONS - CA
- ONLY ON DEFENDANT’S REGISTERED AGENT
- OR ONE WHO IS APPARENTLY IN CHARGE OF OFFICE DURING NORMAL OFFICE HOURS.
4
COMMUNITY PROPERTY
- ALL PROPERTY
- ACQUIRED BY MARRIED PERSON
- WHILE DOMICILED IN CA
- THAT ISN’T CLASSIFIED AS SP
3
ADDITIONAL FACTORS OF CONSIDERATION ON FAIRNESS OF FORUM
- COURT’S INTEREST IN JUDICIAL ECONOMY
- PLAINTIFF’S INTEREST IN CONVENIENT RELIEF
- FORUM STATE’S INTEREST IN REGULATING ACTIVITY AND PROTECTING ITS CITIZENS.
1
WHEN DOES ASSIGNMENT BECOME EFFECTIVE?
- WHEN PROMISOR HAS NOTICE OF THE ASSIGNMENT.
1
REMEDY FOR BREACH OF REAL COVENANT
- MONETARY DAMAGES
4
CONSTRUCTIVE TRUST AS REMEDY FOR WRONGFULLY OBTAINING LEGAL TITLE TO PROPERTY - OCCURS WHERE THE WRONGFUL ACT
- LED TO DETENTION OF AND OBTAINING LEGAL TITLE TO PROPERTY
- DEFENDANT IS MADE TRUSTEE OF UNJUSTLY RETAINED PROPERTY
- COMPELLING HIM TO RETURN PROPERTY TO PLAINTIFF
- RENDERING LIABLE FOR ANY DAMAGES CAUSED TO PROPERTY
2
PROPERTY RIGHT REQUIREMENT FOR PERMANENT INJUNCTION
- AT COMMON LAW, PROPERTY REQUIRED
- MODERNLY, IN CA, ANY RIGHT IS SUFFICIENT
2
CONDITION SUBSEQUENT
- A CONDITION OCCURRING AFTER AN ALREADY RIPENED DUTY.
- WHICH OCCURRENCE OR NON-OCCURENCE WILL EXCUSE THE DUTY.
3
FIXTURES DEFINITION
- ITEMS WERE ONCE MOVEABLE CHATTEL
- NOW SO ATTACHED TO THE REAL ESTATE
- THEY ARE DEEMED FIXTURES TO THE REAL ESTATE
1
EVIDENCE - CRIMINAL - CHARACTER EVIDENCE IS ONLY ALLOWED WHERE DEFENDANT
- OPENS THE DOOR TO A SPECIFIC CHARACTER TRAIT
3
TIPPERS
- PROVIDE INSIDER INFORMATION
- LIABLE WHERE INFORMATION WAS SHARED FOR PERSONAL GAIN OF ANY KIND
- LIABLE WHERE INFO WAS USED TO TRADE BY ANYONE
1
REAL COVENANT - TOUCH AND CONCERN REQUIREMENT - THE COVENANT MUST
- DIRECTLY RELATE TO THE USE AND ENJOYMENT OF THE LAND.
3
MAILBOX RULE - RESULT WHEN OFFEROR RECEIVES A REJECTION WITHOUT KNOWLEDGE OF DISPATCHED ACCEPTANCE
- IF OFFEROR CHANGED POSITION IN RELIANCE ON REJECTION
- WITHOUT KNOWLEDGE OF DISPATCHED ACCEPTANCE
- REJECTION IS BINDING.
4
VOLUNTARY MANSLAUGHTER
- AN INTENTIONAL HOMICIDE
- COMMITTED WITHOUT MALICE AFORETHOUGHT
- RESULTING FROM ADEQUATE PROVOCATION
- OR OTHER MITIGATING FACTORS.
5
SP EXPENDITURES MADE TO BENEFIT CP REAL ESTATE
ANTI-LUCAS 1
- 1984-1986
- PROPERTY HELD BY JOINT TENANTS WAS PRESUMPTIVELY CP
- UNLESS WRITTEN AGREEMENT TO CONTRARY
- OR CLEARLY STATED OTHERWISE IN DEED
- RIGHT TO REIMBURSEMENT OF SP
3
COMMUNITY PROPERTY USED TO MAKE PAYMENTS ON SEPARATE PROPERTY -
MARRIAGE OF MOORE FORMULA FOR FINDING COMMUNITY INTEREST
- AMOUNT COMMUNITY PAID DOWN PRINCIPAL
- DIVIDED BY THE TOTAL LOAN AMOUNT
- RESULT IS COMMUNITY’S SHARE
2
DEBT - SPOUSE’S SEPARATE PROPERTY’S RESPONSIBILTY FOR LIABILITY
- SPOUSES SEPARATE PROPERTY ONLY AVAILABLE FOR PERSONAL LIABILITY
- UNLESS COMMUNITY DEBT INCURRED BY NECESSARIES OF LIFE FOR CHILD OR SPOUSE
3
FALSE PRETENSES - OCCURS WHERE DEFENDANT ACTS WITH
- SPECIFIC INTENT
- KNOWINGLY MAKING A FALSE STATEMENT OR PROMISE
- INDUCING VICTIM TO GIVE DEFENDANT MONEY OR TITLE TO PERSONAL PROPERTY.
1
SILA SEARCH - ARRESTEE - POLICE MAY SEARCH
- AREA WITHIN ARRESTEE’S IMMEDIATE CONTROL
1
SPECIAL CLASSIFICATIONS - PENSION PLANS AND VESTING
- CP REGARDLESS OF VESTING TIME
4
CORPORATION’S RESIDENCE FOR ESTABLISHING VENUE IN CALIFORNIA CAN BE
- THE COUNTY OF PPB OR
- THE COUNTY WHERE CONTRACT ENTERED INTO
- THE COUNTY WHERE CONTRACT BREACHED OR
- THE COUNTY WHERE LIABILILTY AROSE
2
EASEMENT IN GROSS
- CREATED TO BENEFIT A PARTICULAR PERSON (EASEMENT HOLDER)
- TIED TO A PARTICULAR PIECE OF LAND (SERVIENT ESTATE)
2
CALIFORNIA APPLICATIONS ATTORNEY WORK PRODUCT APPLIES TO WORK GENERATED BY THE
- ATTORNEY
- OR HIS AGENT
3
ORGANIZATIONAL STANDING
- MEMBERS HAVE STANDING INDIVIDUALLY
- INTERESTS ASSERTED RELATE TO ORGANIZATION’S PURPOSE
- NO UNIQUE INJURY AMONG MEMBERS REQUIRING INDIVIDUAL PARTICIPATION
6
TRUSTS ESSAY STRUCTURE
DIRTY
CHEATS
EAT
DIRTY CHEATS
VERY ROTTEN
LUNCHMEATS
- TRUST DEFINITION
- TRUST CREATION
- EXPRESS TRUST DEFINITION
- EXPRESS TRUST CREATION
- VALID TRUST REQUIREMENTS
- LIMITATIONS ON TRUSTS
3
GROUNDS TO SUPPORT AN INVOLUNTARY DISSOLUTION OF A CORPORATION
- FRAUD, MISUSE
- CORP ABANDONED FOR OVER A YEAR
- INTERNAL DEADLOCK PREVENTS CORP FROM BEING AN ADVANTAGE TO SHAREHOLDERS
2
NOTICE REQUIREMENTS FOR SERVICE OF INITIAL PLEADINGS - DEFENDANT MUST BE SERVED
- BY A REASONABLE METHOD
- AND GIVEN AN OPPORTUNITY TO BE HEARD.
1
RAPE SHIELD - FRE - CIVIL CASE - EVIDENCE RE PLAINTIFF’S REPUTATION MAY ONLY BE ADMITTED WHERE
- PLAINTIFF PUTS IT AT ISSUE
2
LIABILITY FOR FALSE IMPRISONMENT ARISES WHERE DEFENDANT
- INTENTIONALLY CONFINES PLAINTIFF TO A FIXED SPACE
- WITH PLAINTIFF’S AWARENESS OF CONFINEMENT
2
AGENT’S LIABILILITY FOR ACTING W/OUT PRINCIPAL’S AUTHORITY
- PRINCIPAL IS NOT LIABLE
- AGENT IS PERSONALLY LIABLE
2
EVIDENCE ALLOWED FOR SOF EXCEPTION TO EQUITABLE MORTGAGE
- PAROL EVIDENCE MAY BE USED
- TO SHOW INTENT
2
REQUIREMENTS FOR SHAREHOLDER VOTES ON BOARD CHANGES, CORPORATE ACTIONS
- QUORUM (MAJORITY OF OUTSTANDING SHARES) MUST HAVE VOTED
- THE MAJORITY OF THOSE VOTES WERE CAST IN FAVOR OF THE ACTION.
1
PER CAPITA DISTRIBUTION
- EACH DESCENDENT TAKES AN EQUAL SHARE OF DECEDENT’S ASSETS
1
MARRIED WOMAN’S SPECIAL PRESUMPTION
RESULT OF PROPERTY TAKEN W/HUSBAND’S NAME BUT NO JOINT TENANCY FORM OR MENTION OF “HUSBAND AND WIFE”
- PROPERTY BECOMES 1/2 SP AND 1/2 CP
2
SURVIVOR’S RIGHTS - PROPERTY TRANSFERS
- SURVIVING SPOUSE CAN SET ASIDE DECEDENT SPOUSE’S TRANSFERS OF CP AND QCP TO THE EXTENT TRANSFEREE STILL HAS PROPERTY
- WHERE TRANSFEREE DOESN’T HAVE PROPERTY, SURVIVING SPOUSE CAN MAKE A CLAIM AGAINST THE ESTATE FOR HALF OF THE TRANSFER PROCEEDS
1
LAWYER RECEIVING CONFIDENTIAL INFORMATION CAN CAN ACCOMODATE CONFLICT WITH DUTY BY
- TURNING OVER INFORMATION WHILE REFUSING TO DISCLOSE SOURCE
3
STATEMENT AGAINST INTEREST EXCEPTION
- DECLARANT MUST BE UNAVAILABLE
- STATEMENT AGAINST PECUNIARY, PROPRIETARY OR PENAL INTEREST OF WITNESS WHEN MADE
- DECLARANT MUST HAVE PERSONAL KNOWLEDGE OF THE FACTS
2
DYING DECLARATION EXCEPTION
- DECLARANT’S STATEMENT MADE WHEN HE BELIEVED DEATH WAS IMMINENT
- RELATING TO CAUSE OR CIRCUMSTANCES OF DEATH
2
VALID WILL - SIGNING REQUIREMENTS - WILL MUST BE EXECUTED BY
- TESTATOR OR
- SOMEONE AT TESTATOR’S DIRECTION IN TESTATOR’S PRESENCE
3
TRACING FOR CONSTRUCTIVE TRUSTS
- IMIPROPERLY OBTAINED PROPERTY IS SOLD OR EXCHANGED FOR NEW PROPERTY
- PLAINTIFF CAN TRACE PROPERTY WHERE IT IS SOLELY TRACEABLE TO ITS CURRENT FORM
- FUNDS ARE NOT COMMINGLED
2
AT COMMON LAW, AN ACCESSORY IS ONE WHO
- AIDS THE PRINCIPAL IN THE COMMISSION OF A CRIME
- BEFORE OR AFTER ITS COMMISSION.
2
ORAL TRUST LIMITATIONS AND PROOF
- MAY ONLY BE FOR PERSONAL PROPERTY
- MAY BE PROVED BY CLEAR AND CONVINCING EVIDENCE
1
CAPACITY - AGE REQUIREMENTS FOR VALID WILL
- “OF LEGAL AGE” - TESTATOR IS AT LEAST 18
3
TO BE EFFECTIVE, A DEED MUST
- COMPLY WITH FORMALITY REQUIREMENTS,
- BE DELIVERED
- AND ACCEPTED
4
DUTY TO PRESERVE DECORUM FACTORS - LAWYER MAY NOT
- COMMUNICATE EX PARTE WITH JUDGE
- GIFT JUDGE (EXCLUDING CAMPAIGN CONTRIBUTIONS)
- COMMUNICATE OR SEEK TO INFLUENCE JURORS DURING LEGAL PROCEEDINGS
- HARASS JURORS
5
UNDER TORT LAW, NO DUTY TO RESCUE OTHERS FROM HARM EXISTS UNLESS
- STATUTE
- CONTRACT
- RELATIONSHIP
- PLACED IN PERIL
- ASSUMPTION
4
FRAUD OR UNDUE INFLUENCE BY BENEFICIARY IN DONATIVE TRANSFERS REBUTTABLY PRESUMED WHERE BENEFICIARY IS
- DRAFTER OF TRANSFER
- FIDUCIARY OF TRANSFEROR WHO TRANSCRIBED TRANSFER OR CAUSED TRANSCRIPTION OF TRANSFER
- CARE CUSTODIAN OF TRANSFEROR OR PROVIDED CARE W/IN 90 DAYS OF TRANSFER
- COHABITANT OR EMPLOYEE OF THE SAME
2
MBE MISSED - APPROPRIATE REMEDY FOR WASTE COMMITTED BY LIFE ESTATE HOLDER WHEN NOT ALL VESTED REMAINDERMEN EXIST YET
- INJUNCTION STOPPING FURTHER WASTE
- IMPOUND DAMAGES UNTIL ALL POSSIBLE REMAINDERMEN EXIST
1
A QUORUM OF THE BOARD OF DIRECTORS IS BROKEN WHERE
- A DIRECTOR WITHDRAWS
3
TRADE FIXTURES - DEFINTION AND REMOVAL
- AFFIXED TO REAL ESTATE BY COMMERCIAL TENANT FOR BUSINESS PURPOSES
- STRONGLY PRESUMED REMOVABLE
- TENANT BEARS COST OF REPAIR FOR DAMAGES CAUSED BY REMOVEABLE
2
ADVERSE POSSESSION - RUNNING OF THE STATUTE REQUIREMENTS
- AT COMMON LAW, 20 YEARS
- VARIES BY JURISDICTION
2
TRANSFERRABILITY OF INTERESTS IN A LLC
- MANAGEMENTS INTERESTS ARE NOT FREELY TRANSFERRABLE
- RIGHT TO RECEIVE PROFITS AND LOSSES ARE TRANSFERRABLE
1
POSSIBLITY OF REVERTER - FUTURE INTEREST CONVEYED BY
- FEE SIMPLE DETERMINABLE
2
ATTORNEY WORK PRODUCT - FEDERAL - ATTORNEY WORK PRODUCT MATERIAL (WITH THE EXCEPTION OF ATTY’S MENTAL IMPRESSIONS) CAN BE OBTAINED WHERE PARTY SEEKING DISCOVERY CAN SHOW
- UNDUE HARDSHIP
- NO OTHER MEANS OF OBTAINING THE MATERIAL
3
SARBANES-OXLEY CRIMINAL PENALTIES
- DESTROY OR ALTER CORPORATE DOCS OR AUDIT RECORDS -FINE AND UP TO 20 YEARS IN PRISON
- COMMIT SECURITIES FRAUD - UP TO 25 YEARS IN PRISON
- WHISTLEBLOWERS ARE PROTECTED
3
SPECIAL CLASSIFICATIONS - PERSONAL INJURY - DISPOSAL OF DAMAGES
- PERSONAL INJURY DAMAGES RECEIVED DURING MARRIAGE ARE COMMUNITY PROPERTY
- PERSONAL INJURY DAMAGES FOR INJURY RECEIVED DURING MARRIAGE ARE ASSIGNED TO INJURED SPOUSE AFTER DIVORCE UNLESS JUSTICE DEMANDS OTHERWISE
- REIMBURSEMENT MADE TO COMMUNITY WHERE COMMUNITY INCCURED EXPENSES ON BEHALF OF INJURED SPOUSE
1
MALUM IN SE CRIME
- A MALUM IN SE CRIME INVOLVES MORAL TURPITUDE.
3
DEED OF TRUST
- FUNCTIONS LIKE MORTGAGE
- GIVEN TO THIRD PARTY TRUSTEE
- DEBTOR IS MADE “TRUSTOR”
2
TYPES OF COMPENSATORY DAMAGES IN
TORT ACTIONS
- GENERAL DAMAGES
- SPECIAL DAMAGES
3
CRIMINAL FRAUD - FRAUD IS THE CRIME OF
- MAKING A KNOWING MISREPRESENTATION OF MATERIAL FACTS
- WITH THE SPECIFIC INTENT TO INDUCE RELIANCE ON THE MISREPRESENTED FACTS
- TO PERMANENTLY DEPRIVE VICTIM OF PROPERTY OR SERVICES.
1
IMPARTIAL JURORS MUST REPRESENT
- A FAIR CROSS-SECTION OF THE COMMUNITY
1
PERSONAL JURISDICTION
- JURISDICTION OVER THE PARTIES INVOLVED IN THE CASE
2
FEDERAL COURTS HAVE SUBJECT MATTER JURISDICTION OVER
- FEDERAL QUESTION CASES
- DIVERSITY OF CITIZENSHIP CASES
2
REMEDIES FOR ACTUAL PARTIAL EVICTION
- TENANT MAY WITHHOLD ENTIRE RENT
- TENANT DOES NOT HAVE TO MOVE OUT
4
BUSINESS RECORDS AND KRAP
Regular practice of the business to KEEP
Made in the REGULAR course of business
Made AT or near the time of the event
Made by an employee with PERSONAL knowledge, or provided to that employe
3
THREE TYPES OF PRODUCT DEFECTS
- DESIGN DEFECTS
- MANUFACTURING DEFECTS
- FAILURE TO WARN
3
CONSEQUENCE OF THIRD PARTY KNOWINGINGLY RECEIVING TRUST PROPERTY
- CREATES CONSTRUCTIVE TRUST
- WHERE THIRD PARTY ACTS AS TRUSTEE
- MAKING HIM PERSONALLY LIABLE FOR ANY DAMAGE TO TRUST PROPERTY
1
LAND SALE CONTRACT
- CONTRACT CONVEYING AN INTEREST IN REAL PROPERTY
2
ENFORCEMENT OF PARTIAL PERFORMANCE OF A DIVISIBLE CONTRACT
- A PARTY TO A DIVISIBLE CONTRACT MAY COLLECT THE CONTRACT PRICE FOR ALL DUTIES PERFORMED
- EVEN WHERE HE BREACHES THE REMAINDER OF THE CONTRACT.
1
CONSEQUENCE OF COMPARATIVE FAULT FINDING
- PLAINTIFF’S RECOVERY IS REDUCED BY PERCENTAGE EQUAL TO PERCENTAGE OF FAULT FOUND
1
RIPARIAN RIGHTS - COMMON LAW RULE
- OWNER MAY USE AS MUCH WATER AS HE CAN BUT TO BENEFICIAL USE.
2
EQUAL PROTECTION CLAUSE - QUASI-SUSPECT CLASSES
- GENDER
- ILLEGITIMACY
4
COMMUNITY PROPERTY
- ALL PROPERTY
- ACQUIRED BY MARRIED PERSON
- WHILE DOMICILED IN CA
- THAT ISN’T CLASSIFIED AS SP
3
RENEWED JUDGMENT AS A MATTER OF LAW - FEDERAL
- PARTY MUST HAVE FILED A JMOL
- FILED AFTER JURY REACHES VERDICT
- ASKING FOR JUDGMENT AS A MATTER OF LAW BECAUSE REASONABLE PEOPLE COULD NOT DISAGREE W/RESULT
2
TRANSFERRED INTENT - LIABLITY ARISES FOR ALL INJURES CAUSED
- BY ANY INTENTIONAL TORTS CAUSED BY DEFENDANT’S ORIGINAL ACTION
- REGARDLESS OF DEFENDANT’S INTENT TO CAUSE INURIES
2
UCC- AN ACCEPTANCE CONDITIONED ON OFFEROR’S ACCEPTANCE OF VARYING TERMS - VARYING TERMS WILL BE CONSIDERED
- PROPOSED MODIFICATIONS
- OR A COUNTER-OFFER AND REJECTION.
2
RESTRICTIONS ON SELLING CONTROLLING PERCENTAGE OF CORP SHARES - SALE AT PREMIUM MUST BE
- IN GOOD FAITH AND FAIR
- NOT MADE FOR PERSONAL BENEFIT FOR SALE OF A CORPORATE ASSET.
3
MBE - FREE EXERCISE CLAUSE AND PROSCRIBED RELIGIOUS CONDUCT
- VALID AND NEUTRAL LAW OF GENERAL APPLICABILITY
- RATIONALLY RELATED TO LEGITIMATE STATE PURPOSE
- MAY PROSCRIBE CONDUCT REQUIRED BY RELIGION
2
BOARD OF DIRECTORS
- USUALLY, INITIAL BOARD LISTED IN ARTICLES
- VACANCIES ARE FILLED BY SHAREHOLDER VOTE
3
ELEVENTH AMENDMENT MAKES STATES IMMUNE TO
- SUITS FROM CITIZENS OF OTHER STATES IN FEDERAL COURTS
- SUITS FROM CITIZENS OF FOREIGN STATES IN FEDERAL COURTS
- SUITS FROM ITS CITIZENS UNLESS CONSENTED TO
3
VALID WILL REQUIREMENTS
- PRESENT TESTAMENTARY INTENT
- CAPACITY
- COMPLIANCE WITH REQUISITE FORMALITIES
2
DYING DECLARATION EXCEPTION IS ONLY AVAILABLE TO USE IN THESE PROCEEDINGS
- CIVIL CASE
- HOMICIDE TRIAL
1
PERMISSIVE WASTE
- PROPERTY IS POORLY OR NOT MAINTAINED
2
AN INVITATION TO NEGOTIATE LACKS
- PRESENT CONTRACTUAL INTENT
- CERTAIN TERMS LEADING A REASONABLE PERSON TO CONCLUDE ASSENT WOULD FORM A BARGAIN
13
BAD SPLITS PEPPI F
(HEARSAY EXCEPTIONS AND MEANS OF GETTING HEARSAY ADMITTED.)
- BUSINESS RECORDS EXCEPTION
- ADMISSIONS BY PARTY OPPONENT
- DYING DECLARATION
- SPONATENOUS STATEMENT/EXCITED UTTERANCE
- PUBLIC RECORDS
- LEARNED TREATISE
- INTEREST, DECLARATION AGAINST
- TESTIMONY, FORMER
- STATE OF MIND OR CONDITION
- PRIOR CONSISTENT STATEMENT
- PRIOR INCONSISTENT STATEMENT
- IDENTIFICATION, PRIOR STATEMENT OF
- FORFEITURE BY WRONGDOING
6
REQUIREMENTS FOR A VALID TRUST
- SETTLOR
- PRESENT INTENT TO CREATE TRUST
- IDENTIFIABLE EXISTING PROPERTY (RES)
- LEGAL PURPOSE NOT AGAINST PUBLIC POLICY
- IDENTIFIABLE BENEFICIARIES
- TRUSTEE NEED NOT BE NAMED
7
LANDLORD/TENANT QUESTIONS - ORDER OF TENANT STRING
- FIRST TENANTS LEASEHOLD
- LANDLORD’S INTEREST
- TENANT’S DUTIES - EXPRESS AND IMPLIED (RUNNING WITH LAND)
- ASSIGNMENT OR SUBLEASE
- SECOND TENANT IF APPLICABLE
- PRIVITY OF CONTRACT VS. PRIVITY OF ESTATE
- IMPLIED COVENANTS
3
TRUSTEE - DUTY OF LOYALTY
- NO SELF-DEALING
- NO CONFLICTS OF INTEREST
- TREAT ALL BENEFICIARIES EQUALLY
2
RECEIVING STOLEN PROPERTY IS THE CRIME OF
- POSSESSING PROPERY KNOWN TO BE STOLEN
- WITH THE INTENT TO PERMANENTLY DEPRIVE THE OWNER OF RIGHTFUL POSSESSION OF THE SAME.
2
ACTUAL CAUSE - TORTS
- BUT FOR DEFENDANT’S NEGLIGENCE
- PLAINTIFF’S INJURY WOULD NOT HAVE OCCURRED.
3
COMMUNITY PROPERTY - CONTRIBUTIONS USED TO IMPROVE SPOUSE’S OWN SEPARATE PROPERTY
- COMMUNITY IS REIMBURSED FOR INCREASED VALUE OF SEPARATE PROPERTY
- OR REIMBURSED FOR AMOUNT CONTRIBUTED
- WHICHEVER IS GREATER
4
EQUITY - REASONS FOR REMEDY INADEQUATE AT LAW
- INSOLVENT DEFENDANT
- REPLEVIN CAN’T WORK BECAUSE PROPERTY SOLD
- PROPERTY IS UNIQUE
- MONEY DAMAGES TOO SPECULATIVE
1
IMPLIED EQUITABLE SERVITUDE - INQUIRY NOTICE
- THE NEIGHBORHOOD CLEARLY CONFORMS TO UNIFORM RESTRICTIONS AND SPECIFICATIONS.
2
COMMON LAW DUTY TO KNOWN TRESPASSERS
- DUTY TO WARN OF HIDDEN DANGERS
- NO DUTY TO INSPECT
3
DEFENDANT MAY USE THE DEFENSE OF DISCIPLINE WHERE DEFENDANT WAS
- A FIGURE OF AUTHORITY
- PRIVILEGED TO USE REASONABLE NON-DEADLY FORCE
- FOR THE REASONABLE APPLICATION OF DISCIPLINE WHERE APPROPRIATE
2
CONTRACT OF ADHESION
- THE RESULT OF A TAKE IT OR LEAVE IT OFFER
- WILL NOT BE ENFORCED WHERE SUFFICIENT CONTRACTUAL INTENT IS FOUND LACKING.
3
WHAT MAKES A GENERAL PARTNERSHIP?
- ASSOCIATION OF TWO OR MORE PERSONS
- OPERATING AS CO-OWNERS OF BUSINESS FOR PROFIT
- WHETHER OR NOT INTENT TO FORM PARTNERSHIP
2
DEPENDENT RELATIVE REVOCATION REVIVES
- MOST RECENT WILL
- UNLESS CLEAR INTENT FROM TESTATOR TO REVIVE AN EARLIER WILL
1
HOW LONG DOES A SUSPECT’S INVOKED MIRANDA RIGHT TO COUNSEL LAST?
- UNTIL SUFFICIENT BREAK IN POLICE CUSTODY (14 DAYS)
6
RESPONSE TO DISCOVERY REQUEST WHEN CLAIMING PRIVELEGE
- OBJECT WITH PARTICULARLITY
- IDENTIFY THE PRIVILEGED DOCUMENT
- ITS AUTHOR
- THE DATE
- THE RECIPIENTS
- AND THE SPECIFIC PRIVILEGE THAT APPLIES
2
WILLS -EXONERATION OF ENCUMBRANCE ON GIFT-ELEMENTS
- WILL REQUIRES ENCUMBRANCE ON GIFT BE PAID
- SO GIFT CAN BE DEVISED FREE AND CLEAR
1
CONSPIRACY - MANY JURISDICTION WILL IMPLY EVIDENCE OF AN AGREEMENT TO PARTICIPATE IN A CONSPIRACY
- BY ACTIONS
1
LIABILITY UNDER RESPONDEAT SUPERIOR ARISES WHERE
- TORT WAS COMMITTED IN THE SCOPE OF EMPLOYMENT
3
COMMINGLED FUNDS, TRANSMUTATION
AND TRACING
- WHERE SPOUSE ADVOCATING SEPERATE PROPERTY
- CAN TRACE SP PORTION OF FUNDS IN CP BANK ACCOUNT
- NO TRANSMUTING OF SP FUNDS TO CP
1
ROUTINE STOP - PATDOWNS ARE OK IN A STOP AND FRISK WHERE
- SUSPECT APPEARS ARMED AND DANGEROUS
2
DUTY TO REFRAIN FROM COMMUNICATING WITH REPRESENTED ADVERSE PARTY - ATTORNEY MAY NOT SPEAK TO
- ADVERSE PARTY WHO IS REPRESENTED BY COUNSEL
- EMPLOYEES OF ADVERSE PARTY REPRESENTED BY COUNSEL
2
UTTERING
- UTTERING IS THE CRIME OF USING A KNOWN FORGED DOCUMENT
- WITH THE INTENT TO DEFRAUD
2
VALID WILL - INTERESTED WITNESSES - CONSEQUENCE WHEN PRESUMPTION OF FRAUD, UNDUE INFLUENCE ETC. NOT REBUTTED
- ONLY INTERESTED WITNESS’ PORTION OF WILL INVALIDATED
- INTERESTED WITNESSES TAKE INTESTATE SHARE
4
PRESENT RECOLLECTION REFRESHED DIFFERENCES FROM PRESENT RECOLLECTION RECORDED
- RECORD DOESN’T NEED TO HAVE BEEN MADE IMMEDIATELY AFTER EVENT
- RECORD DOESN’T NEED TO HAVE BEEN MADE FROM FIRST HAND KNOWLEDGE
- WITNESS DOESN’T NEED TO HAVE BEEN INVOLVED WITH DOCUMENT CREATION.
- WITNESS NEED NOT TESTIFY TO RECORD’S ACCURACY.
4
ULTRAHAZARDOUS ACTIVITIES ELEMENTS
- ACTIVITY IS OF UNCOMMON USAGE AND UNCOMMON TO AREA
- POSE A HIGH DEGREE OF RISK THAT CANNOT BE ELIMINATED BY DUE CARE
- RISK OUTWEIGHS ITS UTILITY
- RISKED HARM IS SIGNIFICANT
1
MBE MISSED - CONTENT NEUTRAL RESTRICTIONS ON SPEECH ARE REVIEWED USING
- INTERMEDIATE SCRUTINY
1
MBE MISSED - WHEN ATTEMPTED CRIME MISTAKENLY INJURES WRONG VICTIM, DEFENDANT WILL BE CHARGED WITH ATTEMPTED CRIME AGAINST
- ORIGINALLY INTENDED VICTIM
2
EQUITABLE MORTGAGE OCCURS WHERE
- MORTGAOR DELIVERS DEED TO MORTGAGEE
- INSTEAD OF SIGNING NOTE
2
JUDICIAL TRENDS ON MINIMAL CONTACTS BY INTERNET PRESENCE
1) PASSIVE WEBSITES INSUFFICIENT FOR CONTACT
2) INTERACTIVE AND AND COMMERCIAL SITES SUFFICIENT FOR CONTACT
3
TAKINGS CLAUSE - NON PER SE TAKING EVALUATION FACTORS
- ECONOMIC IMPACT ON CLAIMANT
- EXTENT OF INTERFERENCE WITH INVESTOR BACKED EXPECTATIONS
- CHARACTER OF GOVERNMENT ACTION
2
GIFTS TO ATTORNEYS
- ATTORNEYS CANNOT PREPARE ANY INSTRUMENT MAKING THE ATTORNEY OR A PERSON RELATED TO THE ATTORNEY RECIPIENT OF A SUBSTANTIAL GIFT
- UNLESS THE ATTORNEY IS RELATED TO THE CLIENT
7
PREMARITAL AGREEMENTS DEEMED INVOLUNTARY UNLESS
- HAD CAPACITY
- NO DURESS
- NO FRAUD
- NO UNDUE INFLUENCE
- PRESENTED WITH AGREEMENT AT LEAST SEVEN DAYS BEFORE SIGNING
- ADVISED TO SEEK INDEPENDENT COUNSEL
- WAIVED INDEPENDENT COUNSEL IN SEPARATE WRITING
2
CORPORATE OFFICERS - REMOVAL AND RESIGNATION
- MAY BE REMOVED WITH SHAREHOLDER VOTE
- MAY RESIGN WITH NOTICE
4
CAUSES OF JUDICIAL DISSOLUTION OF CORPORATION - COURT WILL FORCE DISSOLUTION WHERE
- FRAUD
- ULTRA VIRES ACTION
- MISCONDUCT
- CREDITORS SEEKING TO ENFORCE JUDGMENT
7
TYPES OF CONTRACT DAMAGES
- EXPECTATION DAMAGES
- CONSEQUENTIAL DAMAGES
- INCIDENTAL DAMAGES
- RELIANCE DAMAGES
- LIQUIDATED DAMAGES
- NOMINAL DAMAGES
- PUNITIVE DAMAGES
2
ORDER OF DECISIONS IN CALIFORNIA TRAIL (EQUITY AND FACT)
- COURT DECIDES EQUITABLE ISSUES FIRST
- JURY DECIDES FACTS SECOND
5
POTENTIAL LIMITATIONS ON CONTRACT DAMAGES
- CAUSATION
- FORESEEABILITY
- CERTAINTY
- UNAVOIDABLE
- LIQUIDATED DAMAGES CLAUSE
2
RIPARIAN RIGHTS - PRIOR APPROPRIATION DOCTRINE
- OWNER OF RIPARIAN LAND MUST GET A PERMIT TO USE WATER.
- PRIORITY OF WATER USE IS DETERMINED BY CHRONOLOGY OF PERMIT DATE.
2
PREMARITAL AGREEMENT RECEIPT REQUIREMENTS - RECIPIENT MUST DECLARE
- RECEIPT OF DISCLOSURE IN WRITING
- NAME OF PARTY DELIVERING DISCLOSURE IN WRITING
3
COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -
WHEN TO USE VAN CAMP
- WHEN CHARACTER OF BUSINESS THE CAUSE FOR ITS GROWTH
- SPOUSE WAS WELL COMPENSATED DURING THE MARRIAGE
- COMMUNITY ALREADY BENEFITED FROM BUSINESS
3
ATTEMPT CRIME
- SPECIFICALLY INTENDED
- SUBSTANTIAL STEP TAKEN TOWARD
- A CRIMINAL OBJECTIVE
1
WHERE DEFAMATORY STATEMENT IS OF PUBLIC INTEREST, BURDEN OF PROOF IS ON
- PLAINTIFF TO PROVE FALSITY
4
FEE SIMPLE DETERMINABLE - OTFC
- OWNERSHIP - POTENIALLY INFINITE, SUBJECT TO OCCURENCE OF POSSIBLE EVENT
- TRANSFERABILITY - ALIENABLE, DEVISABLE, DESCENDIBLE, SUBJECT TO CONDITION
- FUTURE INTEREST GRANTOR OWNS - POSSIBILITY OF REVERTER
- CREATED BY - WORDS OF DURATION
3
WHO IS AN ASSIGNEE
- A PARTY ASSIGNED PROMISEE’S CONTRACT RIGHTS
- BY PROMISEE’S CLEAR EXPRESSION OF INTENT TO ASSIGN RIGHTS
- WHO MAY SEEK DAMAGES FOR BREACH FROM PROMISOR
3
FEDERAL QUESTION CATEGORIES
- US CONSTITUTION
- FEDERAL LAWS
- TREATIES
2
SUPREMACY CLAUSE - FIELD PREEMPTION - EXPRESS PREEMPTION OCCURS WHEN FEDERAL STATUTE
- EXPLICITLY CONFIRMS
- CONGRESS’ INTENT TO PREEMPT STATE LAW
3
IMPLIED-IN-FACT CONTRACT
- WHERE ONE PARTY ACTS TO CONVEY A BENEFIT TO ANOTHER PARTY WITH A REASONABLE EXPECTATION OF COMPENSATION
- THE OTHER PARTY ACCEPTING THE BENEFIT WITH KNOWLEDGE OF THE EXPECTATION
- THE FACTS WILL IMPLY A LEGALLY BINDING CONTRACT EVEN THOUGH NO FORMAL AGREEMENT EXISTS.
1
PARTY ADMISSION
- Any statement made by a party is admissible if offered against the party.
3
SEARCH AND SEIZURE - REASONABLE EXPECTATION OF PRIVACY IN HOME INCLUDES
- THE HOME AND ITS CURTILAGE
- OVERNIGHT GUESTS AT HOME
- OWNERSHIP OF HOME
1
CEC DIFFERENCE FROM FRE FOR VICARIOUS PARTY ADMISSION
- CEC ALLOWS VICARIOUS PARTY ADMISSION IF ONLY BASIS FOR RESPONDEAT SUPERIOR.
2
ESTIMATING VALUE OF EQUITABLE CLAIM TO REACH 75,000 FOR DIVERSITY JURISDICTION
- VALUE OF HARM SUFFERED BY PLAINTIFF
- COST OF COMPLIANCE WITH ORDER FOR EQUITABLE RELIEF
3
EASEMENT CREATION BY IMPLICATION
- PREEXISTING REASONABLE USE OF A SINGLE TRACT
- SINGLE TRACT IS DIVIDED
- EASEMENT REASONABLY NECESSARY TO DOMINANT TRACT’S USE AND ENJOYMENT OF PROPERTY
3
DUTY OF LOYALTY - CONFLICTING INTEREST MUST NOT BELONG TO
- LAYWER
- ONE OF THE LAWYER’S OTHER CLIENTS
- A THIRD PARTY WITH WHOM THE LAYWER IS CLOSELY RELATED
2
WARRANT REQUIREMENTS FOR EAVEDROPPING AND WIRETAPPING
- WIRETAPPING AND EAVESDROPPING REQUIRE A WARRANT
- BUT COMMMUNICATION ASSUMES A RISK THAT RECIPIENT IS BEING WIRETAPPED OR EAVESROPPED.
1
WHAT IS A “LOST VOLUME SELLER”?
- A SELLER WHO IS DENIED MULTIPLE SALES AND PROFIT BY A BREACHING BUYER
4
ANTILAPSE
- BENEFICIARY PREDECEASES TESTATOR
- BENEFICIARY’S LINEAL DEPENDENTS TAKE HER PLACE
- WHERE BENEFICIARY RELATED TO TESTATOR OR TESTATOR’S SURVIVING, FORMER OR DECEASED SPOUSE
- UNLESS TESTATOR EXPRESSED CONTRARY INTENTION IN WILL
2
REQUIREMENTS FOR SHAREHOLDER VALIDATION OF FUNDAMENTAL CORPORATE CHANGES
- MAJORITY VOTE
- OF ALL OUTSTANDING SHARES TO VALIDATE
1
MODERN DUTY OF LANDOWNERS
- GENERAL DUTY OF CARE TO THOSE OFF AND ON THE LAND
4
PERMISSIVE WITHDRAWAL TRIGGERS
- MENTAL OR PHYSICAL CONDITION MAKES REPRESENTATION DIFFICULT
- CLIENT FREELY AGREES TO TERMINATION
- CLIENT WANTS UNETHICAL OR MORALLY REPUGNANT COURSE OF ACTION THAT ATTORNEY DISAGREES WITH
- CLIENT MAKES REPRESENTATION UNREASONABLY DIFFICULT TO CONTINUE
6
REMEDY OPTIONS FOR BREACH OF TRUST
- DAMAGES
- CONSTRUCTIVE TRUST
- TRACING AND EQUITABLE LIEN
- RATIFY TRANSACTION AND WAIVE BREACH
- SUE FOR RESULTING LOSS
- REMOVE TRUSTEE
2
REQUIREMENT OF PERSONAL SATISFACTION WHERE NOT AN EXPRESS MATERIAL CONDITION OF THE CONTRACT
- COURTS GENERALLY HOLD PERSONAL SATISFACTION PROMISES TO BE COVENANTS TO PERFORM IN A MANNER SATIFSACTORY TO THE REASONABLE PERSON
- UNLESS THE SERVICE TO BE RENDERED IS ONE HIGHLY SUBJECT TO PERSONAL TASTE.
2
SPECIFIC INTENT CRIME
- A SPECIFIC INTENT CRIME REQUIRES THE MENS REA TO COMMIT THE LEGALLY PROSCRIBED CONDUCT
- IN ORDER TO ACHIEVE A SPECIFIC PURPOSE.
2
CONSPIRACY’S END
- CONSPIRACY ENDS WHEN GOAL IS ATTAINED
- OR GOAL IS ABANDONED.
4
A SHIFTING EXECUTORY INTEREST IS A
- FUTURE INTEREST IN PROPERTY HELD BY A THIRD PARTY
- THAT WILL DIVEST A ;POSSESSORY GRANTEE OF FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION OF HIS INTEREST IN THE PROPERTY
- UPON OCCURENCE OF THE EXECUTORY LIMITATION
- SHIFTING THE POSSESSORY PRESENT INTEREST IN THE PROPERTY TO THE THIRD PARTY
2
RATIFICATION
- THE ACT OF AFFIRMING A PREVIOUSLY VOIDABLE CONTRACT
- MAKING IT ENFORCEABLE AT LAW AGAINST RATIFYING PARTY.
3
DEFENSES TO PRODUCTS DEFECT STRICT LIABILITY
- MISUSE
- ASSUMPTION OF RISK
- CONTRIBUTORY NEGLIGENCE/COMPARATIVE FAULT
2
COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -
WHEN TO USE PEREIRA
- MOST VALUABLE FACTOR OF APPRECIATION WAS SPOUSE’S LABOR
- FAVORS COMMUNITY
4
ERIE DOCTRINE - WHEN NO FEDERAL DIRECTIVE ON POINT, WHETHER A LAW IS SUBSTANTIVE OR PROCEDURAL IS DETERMINED BY
- WHETHER OR NOT THE LAW APPLIED WOULD AFFECT THE CASE OUTCOME
- IF YES, APPLY STATE LAW
- TO DETER FORUM SHOPPING
- AND PREJUDICE AGAINST THE PARTIES
2
AT COMMON LAW, PRINCIPAL IN THE SECOND DEGREE IS A PARTY WHO
- HELPS THE PRINCIPAL COMMIT THE CRIME
- IS PRESENT DURING THE COMMISSION OF THE CRIME
3
TESTAMENTARY TRUST
- CREATED BY WILL
- WILL CONTAINS MATERIAL PROVISIONS OF TRUST
- TRUST ARISES WHEN TESTATOR DIES
3
STRICT LIABILITY TRIGGERS
- ABNORMALLY DANGEROUS ACTIVITIES
- WILD ANIMALS
- KNOWN DANGEROUS DOMESTIC ANIMALS
2
MBE - DEFENDANT MAY OFFER PROOF OF HIS GOOD CHARACTER USING TESTIMONY ABOUT THESE TWO THINGS
- TESTIMONY ABOUT THE DEFENDANT’S REPUTATION
- TESTIMONY IN THE FORM OF OPINION
2
REQUIREMENTS FOR FORMING A GENERAL PARTNERSHIP
- NO FORMALITIES
- ONLY INTENT TO OPERATE A FOR PROFIT BUSINESS AS CO-OWNERS
4
REMAINDER ELEMENTS
- FUTURE INTEREST HELD BY A THIRD PARTY
- BECOMES POSSESSORY AT EXPIRATION OF A PRIOR POSESSORY ESTATE
- CANNOT DIVEST PRESENT INTEREST HOLDER OF POSSESSORY RIGHTS.
- NEVER FOLLOWS A DEFEASIBLE FEE.
2
DIVERSITY - POTENTIAL LOSS WHERE DAMAGES AWARDED ARE LESS THAN 75,000
- IF BAD FAITH PROVEN
- DEFENDANT WILL RECEIVE AN AWARD OF ATTORNEYS FEES AND COSTS
1
CORPORATION’S RESIDENCE FOR VENUE OF FEDERAL COURT IS ESTABLISHED BY
- WHERE THEY ARE SUBJECT TO PERSONAL JX AT THE TIME OF FILING.
4
EQUITABLE SERVITUDES - REQUIREMENTS FOR BURDEN TO RUN WITH THE LAND
- WRITING
- INTENT TO BIND SUCCESSORS-IN-INTEREST
- TOUCH AND CONCERN
- NOTICE
1
AMELIORATIVE WASTE REMEDY FOR TENANT
- TENANT MUST RESTORE PREMISES TO THEIR ORIGINAL CONDITION
3
MODIFICATION OR REVOCATION OF TRUST
- MAJORITY RULE - ONLY WHERE SETTLOR EXPRESSLY RESERVES POWER IN TRUST
- MINORITY RULE AND CA - TRUSTS ARE ALWAYS REVOCABLE UNLESS EXPRESSLY STATED OTHERWISE IN TRUST
- COURTS CAN MODIFY TRUSTS TO MEET SETTLOR’S INTENT
2
PURE ECONOMIC LOSS IN TORT RECOVERY
- NOT USUALLLY RECOVERABLE ABSENT A SHOWING OF PROPERTY LOSS OR PERSONAL INJURY
- UNLESS TORT OF INTENTIONAL INTERFERENCE WITH BUSINESS RELATIONS
6
MEANS OF TERMINATING ACTUAL IMPLIED AUTHORITY (BLO-CHU)
- BREACH OF AGENT’S FIDUCIARY DUTIES
- LAPSE OF STATED PERIOD OR REASONABLE TIME
- OPERATION OF LAW (DEATH, BK)
- CHANGED CIRCUMSTANCES
- HAPPENING OF A SPECIFIC EVENT
- UNILATERAL TERMINATION BY EITHER PARTY
4
FIDUCIARY DUTIES OWED BY SPOUSES - FULL DISCLOSURE OF MATERIAL FACTS - SPOUSES MUST DISCLOSE
- COMMUNITY ASSETS
- COMMUNITY DEBTS
- PROVIDE EQUAL ACCESS TO THIS INFORMATION
2
WHAT EFFECT DOES ASSIGNMENT HAVE ON PROMISEE’S RIGHTS?
- EXTINGUISHES PROMISEE’S RIGHTS
- PROMISOR IS ONLY LIABLE TO ASSIGNEE.
2
ABANDONMENT ACTION FOR TERMINATION OF EASEMENT
- EASEMENT HOLDER DEMONSTRATED INTENT TO NEVER USE THE EASEMENT AGAIN BY PHYSICAL ACTION.
- WORDS OR NON-USE BY EASEMENT HOLDER ARE INSUFFICIENT TO SUPPORT ABANDONMENT.
1
DUTY TO MITIGATE, INJURED TORT PLAINTIFF HAS DUTY TO
- SEEK TREATMENT
5
MBE MISSED - PAST BAD ACTS MAY BE ADMITTED TO SHOW
- PLAN
- KNOWLEDGE
- IDENTITY
- ABSENCE OF MISTAKE
- LACK OF ACCIDENT
2
CAN DISCOVERY SEEK INADMISSIBLE INFORMATION?
- DISCOVERY CAN SEEK INADMISSIBLE INFORMATION
- SO LONG AS SUCH INFORMATION CAN REASONABLY LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE
1
COURTS WILL TYPICALLY NOT TRANSFER INTENT FOR
- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
3
PRELIMINARY INJUNCTION REQUIRES A SHOWING OF
- NEED OF MAINTAINING STATUS QUO PRIOR TO TRIAL
- BALANCING OF HARDSHIPS IN FAVOR OF GRANTING INJUNCTION
- LIKELIHOOD OF SUCCESS OF MERITS ON UNDERLYING CLAIM
2
PIERCING THE CORPORATE VEIL CAUSES - FRAUD - CORP WAS FORMED
- TO COMMIT FRAUD
- TO SHIELD SHAREHOLDERS FROM EXISTING OBLIGATIONS
2
TRO REQUIRES A SHOWING OF
- IRREPERABLE HARM DURING WAITING PERIOD FOR INJUNCTION
- IF TRO NOT GRANTED
1
HOLGRAPHIC WILL
- SIGNATURE AND AT LEAST MATERIAL PROVISIONS IN TESTATOR’S HANDWRITING
3
FREEDOM ASSOCIATION PREVENTS DENIAL OF
- GOVERNMENT JOBS
- GOVERNMENT BENEFITS
- BASED ON ASSOCIATIONS
1
TRANSMUTATION
- CHANGE THE PROPERTY CHARACTERIZATION OF AN ASSET
1
POLICE CUSTODY OCCURS WHEN
- WHEN A REASONABLE PERSON WOULD NOT FEEL FREE TO LEAVE.
2
FRAUD IN THE INDUCEMENT OCCURS WHEN AND CONSEQUENCE
- TESTATOR INFLUENCED TO INCLUDE PROVISIONS IN WILL BY MISREPRESENTATIONS
- ONLY FRAUDULENT PROVISIONS WILL BE FOUND INVALID
8
DUTES OF TRUSTEE
- DUTY TO ACCOUNT AND INFORM
- DUTY OF DUE CARE
- DUTY OF IMPARTIALITY BETWEEN CLASSES OF BENEFICIARIES
- DUTY TO SEGREGATE AND EARMARK TRUST FUNDS
- DUTY OF LOYALTY
- DUTY TO PRUDENTLY INVEST TO MAKE PROPERTY PRODUCTIVE
- DUTY TO DEFEND
- DUTY TO ENFORCE
1
CA - QUALIFIED ATTORNEY WORK PRODUCT
- ANY ATTORNEY WORK PRODUCT NOT ABSOLUTELY PRIVILEGED
1
PRIMARY RIGHTS THEORY - CA
- SEPARATE CAUSE OF ACTION FOR EACH OF PRIMARY RIGHT.
3
INTESTATE SUCCESSION - SEPARATE PROPERTY
- IF ONLY SPOUSE SURVIVING - SPOUSE TAKES ALL
- IF ONE CHILD, OR SIBLING, OR PARENT - SPOUSE TAKES HALF
- IF MULTIPLE CHILDREN OR SIBLINGS, SPOUSE TAKES 1/3
3
LARCENY
- LARCENY IS SPECIFIC INTENT CRIME
- WHERE DEFENDANT TRESPASSORILY TAKES AND CARRIES AWAY THE POSSESSORY PROPERTY OF VICTIM
- WITH THE INTENT TO PERMENENTLY DEPRIVE THE VICTIM OF HIS POSSESSORY INTEREST IN THE SAME.
2
REMITTUR ELEMENTS
- JUDGE FINDS DAMAGE AWARD EXCESSIVE
- ORDERS NEW TRIAL FOR DEFENDANT UNLESS PLAINTIFF ACCEPTS REDUCED DAMAGE AWARD.
4
RESTRICTIONS ON SELLING CONTROLLING PERCENTAGE OF CORPORATE SHARES - SHARES MUST NOT BE SOLD TO
- LOOTERS
- THOSE WHOSE INTENT TO HARM CORP SHOULD BE KNOWN.
2
MIRROR IMAGE RULE
- UNDER THE COMMON LAW MIRROR IMAGE RULE, ACCEPTANCE MUST BE AN UNEQUIVOCAL ASSENT TO THE TERMS OF THE OFFER
- BY WORDS OR PERFORMANCE
2
TRUSTEE NAMING REQUIREMENTS OF A TRUST
- TRUSTEE NEED NOT BE NAMED
- COURT WILL APPOINT TRUSTEE WHERE TRUST DOES NOT NAME ONE
3
MINORITY VIEW - UNILATERAL MISTAKE WILL VOID THE CONTRACT WHERE
- MISTAKE IS DISCOVERED BEFORE NON-MISTAKEN PARTY DETRIMENTALLY RELIES ON THE CONTRACT
- NOTICE OF THE MISTAKE IS PROMPTLY GIVEN
- REIMBURSEMENT MADE FOR EXPENSES CAUSED BY THE MISTAKE.
1
ABA FEE GUIDELINES
- FEES CANNOT BE UNREASONABLE
1
CONGRESSIONAL POWER - DELEGATION LIMITATIONS
- CONGRESS MAY NOT DELEGATE ITS LEGISLATIVE POWERS
2
ABA REQUIREMENT WHERE ATTORNEY LEARNS OF CLIENT PERJURY
- TAKE REASONABLE REMEDIAL MEASURES
- WHERE CLIENT REFUSES TO DISCLOSE LIE, DISCLOSURE TO TRIBUNAL
4
PRIORITY OF DIVIDEND DISTRIBUTION
- PREFERRED WITH DIVIDEND PREFERENCE
- PREFERRED AND PARTICIPATING
- PREFERRED AND CUMULATIVE
- COMMON STOCK
4
LANDLORD/TENANT QUESTIONS - ORDER OF LANDLORD STRING
- RELATIONSHIP BETWEEN SUCCESSIVE LANDLORDS
- DEEDS OF TRANSFER
- PRIVITY BETWEEN CURRENT LANDLORD AND TENANT
- DUTIES OWED
4
REQUIREMENTS OF DISSENTING SHAREHOLDER TO BE COMPENSATED FOR SHARES
- NOTICE OBJECTION TO CHANGE AND INTENT TO DEMAND PAYMENT
- DELIVER WRITTEN NOTICE
- CANNOT VOTE IN FAVOR OF CHANGE
- DEMAND PAYMENT IN WRITING
2
ADVERSE POSSESSION - ACTUAL AND EXCLUSIVE REQUIREMENTS
- ACTUAL - OCCUPIER MADE USE OF THE LAND IN THE SAME MANNER THAT A TYPICAL USER OF SUCH LAND WOULD
- EXCLUSIVE - OCCUPIER MAY NOT SHARE LAND WITH OWNER OR PUBLIC
1
PIERCING THE CORPORATE VEIL - ESTOPPEL
- DIRECTOR/OFFICER MADE A REPRESENTATION OF PERSONAL LIABILITY FOR CORPORATE DEBTS
3
STATUATORY INTERPLEADER
- DIVERSITY ONLY REQUIRED BETWEEN CLAIMAINTS
- CLAIM MUST BE AT LEAST 500 DOLLARS
- DOESN’T HAVE JURISDICTIONAL LIMITATIONS
3
REMOVAL TO FEDERAL COURT REQUIREMENTS FOR DEFENDANT
- SUBJECT MATTER JX
- IF DIVERSITY CASE, DEFENDANT CANT BE CITIZEN OF FORUM STATE
- REMOVABLE MUST BE TO FEDERAL COURT EMBRACING STATE COURT WHERE CASE ORIGINALLY FILED
8
TERMINATION OF EASEMENTS (END CRAMP)
- ESTOPPEL
- NECESSITY ENDED
- DESTRUCTION OF SERVIENT LAND
- CONDEMNATION BY EMINENT DOMAIN
- RELEASE IN WRITING BY EASEMENT HOLDER
- ABANDONMENT ACTION
- MERGER
- PRESCRIPTION
1
MBE MISSED - FRE 408 - EVIDENCE OF CONDUCT OR STATEMENTS MADE DURING THE THE COURSE OF SETTLEMENT NEGOTIATIONS
- ARE INADMISSIBLE
3
EXCEPTIONS TO THE FINAL JUDGMENT RULE - CA
- ANTI-SLAPP MOTIONS
- INJUNCTIONS
- EXTRAORDINARY WRIT
2
MANIFESTATIONS OF GRANTOR’S INTENT TO MAKE DEED PRESENTLY EFFECTIVE
- RECORDING OF DEED
- GRANTOR GIVES GRANTEE DEED
5
WARRANT EXCEPTIONS
- SILA
- PLAIN VIEW DOCTRINE
- AUTOMOBILE EXCEPTION
- EXIGENT CIRCUMSTANCES/HOT PURSUIT
- CONSENT
2
DEFENSE OF LACK OF CAPACITY MAY BE RAISED WHERE THE PLAINTIFF SUFFERED FROM ONE OF THE FOLLOWING CONDITIONS AT THE TIME OF ENTRY INTO THE CONTRACT
- HE WAS UNDERAGE
- OR ADJUDICATED LEGALLY INSANE
.
3
MODERN CODIFICATIONS OF MURDER - FIRST DEGREE MURDER IS TYPICALLY CODIFIED AS A HOMICIDE COMMITED BY
- PREMEDITATION AND DELIBERATENESS
- OR ENUMERATED MEANS
- OR COMMISSION OF AN ENUMERATED FELONY.
3
CROSSCLAIMS
- OFFENSIVE CLAIM FILED IN FEDERAL COURT
- AGAINST THIRD PARTY ARISING FROM SAME TRANSACTION OR OCCURRENCE GIVING RISE TO PLAINTIFF’S CLAIM
- MAY BE FILED IN PLAINTIFF’ CASE OR A SEPARATE MATTER
2
MUTUALITY OF PERFORMANCE REQUIREMENT FOR SPECIFIC PERFORMANCE AND COMMON LAW/MODERN DIFFERENCES
- AT COMMON LAW, COURTS REQUIRED MUTUALITY OF REMEDY
- MODERNLY, COURTS ONLY REQUIRE MUTUALITY OF PERFORMANCE
3
EQUAL PROTECTION CLAUSE - SUSPECT CLASSES
- RACE
- ALIENAGE
- NATIONAL ORIGIN
1
MBE MISSED - UNDISPUTED EVIDENCE FROM DEFENDANT REBUTTING PLAITNIFF’S UNDISPUTED PRIMA FACIE EVIDENCE WILL
- ENTITLE DEFENDANT TO VERDICT
2
DISTRIBUTION OF ASSETS AT DEATH - SPOUSES’ RIGHTS TO QCP
- DECEDENT DOES NOT HAVE 1/2 INTEREST IN SURVIVING SPOUSES QCP
- SURVIVING SPOUSE DOES HAVE 1/2 INTEREST IN DECEDENT’S QCP
4
PREJUDICIAL MISCONDUCT GIVING RISE TO GROUNDS FOR MOTION FOR NEW TRIAL MAY BE COMMITTED BY
- PARTY TO CASE
- ATTORNEY
- JUROR
- THIRD PARTY
4
DUTY OF COMPETENCE - REASONABLE SKILL ASSESSMENT FACTORS
- YEARS PRACTICING LAW
- AMT OF TIME BECOMING INFORMED
- EXPERTISE IN SUBJECT
- ABILITY TO ASSOCIATE WITH MORE EXPD COUNSEL
4
FORUM NON CONVENIENS OCCURS WHERE COURT
- DISMISSES CASE OR
- STAYS CASE
- BECAUSE FAR MORE APPROPRIATE FORUM
- IN ANOTHER STATE OR COUNTRY.
1
UNLESS OTHERWISE AGREED, LIMITED PARTNERS IN A LIMITED PARTNERSHIP DO NOT HAVE THESE
- FIDUCIARY DUTIES
2
JUDICIAL TREATMENT OF PUTATIVE SPOUSE - JURISDICITONAL SPLIT
- WHERE ONLY ONE SPOUSE HAS A GOOD FAITH BELIEF THAT A VOID OR VOIDABLE MARRIAGE WAS VALID, SOME JURISDICTIONS WILL TREAT BOTH SPOUSES AS PUTATIVE SPOUSES (INCLUDES CA)
- SOME JURISDICTIONS WILL TREAT ONLY THE SPOUSE WITH THE GOOD FAITH BELIEF OF THE MARRIAGE’S VALIDITY AS THE PUTATIVE SPOUSE
1
REAL COVENANT DEFINITION
- WRITTEN PROMISE CONCERNING USE OF PROPERTY
2
SHELTER DOCTRINE
- ONE WHO TAKES PROPERTY FROM A BFP WILL STAND IN THE BFP’S SHOES
- ALLOWING TAKER TO PREVAIL AGAINST ANY CLAIMS THE BFP WOULD HAVE PREVAILED AGAINST
2
AWARENESS REQUIREMENT TO POLICE INTERROGATION
- INFORMANTS AND UNDERCOVER POLICE ARE NOT INTERROGATORS
- SUSPECT’S COMMUNICATIONS TO THE SAME ARE NOT COVERED BY MIRANDA.
2
REQUIREMENTS WHEN TWO JOINT CLIENTS ARE IN CONFLICT
- WITHDRAW FROM REPRESENTATION OF BOTH
- REVEAL DISCLOSED PRIVILEGED INFORMATION ONLY IF SUBPOENAED
2
MBE MISSED - PAROL EVIDENCE RULE PROVIDES THAT A COMPLETELY INTEGRATED WRITING CANNOT BE CONTRADICTED BY
- PRIOR WRITTEN OR ORAL AGREEMENTS
- CONTEMPORANEOUS ORAL AGREEMENTS
2
EARNINGS AND ACCUMULATIONS ARE DEEMED SEPARATE PROPERTY WHERE
- LIVING APART AND SEPARATE FROM OTHER SPOUSE
- LEGAL SEPARATION
1
REQUIREMENT FOR CRIMINAL MAKING MALPRACTICE CLAIM
- CRIMINAL MUST HAVE COLORABLE CLAIM OF INNOCENCE
2
SETTLOR’S POWER TO TERMINATE TRUST
- WHERE POWER RESERVED
- IN CA, SETTLOR MAY TERMINATE BY PETITIONING COURT
3
PROHIBITIONS FOR BOARD VOTING ON CORPORATE ACTIONS
- NO PROXIES
- NO PERSONALLY INTERESTED PARTIES
- NO VOTING AGREEMENTS
2
SENSORY ENHANCING TECHNOLOGY - WHERE GOVERNMENT USES SENSORY ENHANCING TECHNOLOGY NOT AVAILABLE TO GENERAL PUBLIC, IT IS CONSIDERED
- A SEARCH
- PROTECTED BY FOURTH AMENDMENT
1
FOREFEITURE BY MISCONDUCT EXCEPTION
- STATEMENTS FROM WITNESS MADE UNAVAILABLE BY WRONGDOING OF PARTY WILL BE ADMISSABLE AGAINST THAT PARTY.
2
LEGAL RELEVANCE - EVIDENCE IS LEGALLY RELEVANT WHERE ITS
- PROBATIVE VALUE
- OUTWEIGHS PREJUDICAL EFFECT
2
PERMISSIVE INTERVENTION IS ALLOWED AT
- THE COURT’S DISCRETION
- WHERE INTERVENOR HAS A CLAIM OR DEFENSE COMMON TO THE INSTANT CASE
1
EQUAL PROTECTION CLAUSE - RATIONAL BASIS REVIEW
- CLASSIFICATION OF NON-SUSPECT GROUP
- IS RATIONALLY RELATED
- TO ACHIEVING A LEGITIMATE GOVERNMENT INTEREST
4
TRUST IS INVALIDATED WHERE IT IS PROCURRED BY
- DURESS
- FRAUD
- MENACE
- UNDUE INFLUENCE
1
SPECIAL CLASSIFICATIONS - LIFE INSURANCE - ESTATE’S SHARE OF TERM LIFE INSURANCE
- ESTATE PAYING LATEST TERM IS AWARDED ASSET
1
IMPLIED EQUITABLE SERVITUDE - CONSTRUCTIVE NOTICE
- A DEED IN GRANTEE’S CHAIN OF TITLE CONTAINED THE SERVITUDE (EVEN IF GRANTEE’S DID NOT).
2
ANCIENT DOCUMENTS EXCEPTION CEC DIFFERENCES
- 30 YEARS FOR CEC
- 20 YEARS FOR FRE
2
UCC 2-206 ACCEPTANCE
- UNDER UCC 2-206, ACCEPTANCE MAY BE MADE IN ANY REASONABLE MANNER
- INCLUDE A PROMISE TO SHIP GOODS OR A SHIPMENT OF CONFORMING OR NON-CONFORMING GOODS.
4
EMBEZZLEMENT
- EMBEZZLEMENT IS A SPECIFIC INTENT CRIME
- WHERE DEFENDANT TRESPASSORILY CONVERTS PERSONAL PROPERTY LAWFULLY ENTRUSTED TO HIM BY VICTIM
- WITH INTENT TO PERMANENTLY DEPRIVE
- OR RISK SUBSTANTIAL LOSS.
1
MOTION TO SET ASIDE JUDGMENT BASED ON NEGLECTFUL MISTAKES OR VOIDNESS TIMING LIMITS
- MOTIONS TO SET ASIDE JUDGMENT BASED ON NEGLECTFUL MISTAKES OR VOIDNESS MUST BE BROUGHT W/IN YEAR OF ENTRY OF JUDGMENT.
5
CAUSES GIVING RISE TO NEED FOR ORDER OF EQUITABLE RESITUTION
- WHERE REMEDY AT LAW IS INADEQUATE
- DAMAGES WOULD BE SPECULATIVE
- MULTIPLICITY OF SUITS COULD RESULT
- IMPROPER BECAUSE HARM IS NOT YET RIPE
- SITUATION INVOLVES UNIQUE PROPERTY
3
GOOD FAITH WARRANT EXCEPTION OCCURS WHERE THE OFFICER
- REASONABLY RELIED ON A FACIALLY VALID WARRANT
- BUT WARRANT ULIMATELY FOUND TO BE UNSUPPORTED BY PROBABLE CAUSE
- EVIDENCE OBTAINED FROM WARRANT SUPPORTED SEARCH WILL NOT BE INADMISSIBLE
3
THE BUSINESS JUDGMENT RULE
- ACTIONS TAKEN IN GOOD FAITH
- WITH THE CARE A REASONABLY PRUDENT PERSON WOULD EXERCISE IN SIMILAR CIRCUMSTANCES
- MADE WITH THE REASONABLE BELIEF ACTIONS WERE IN THE BEST INTERESTS OF THE CORPORATION
2
MINIMUM CONTACTS STANDARD - DEFENDANT
- PURPOSEFULLY AVAILS HIMMSELF OF THE BENEFITS AND PROTECTIONS OF A STATE
- MAKING IT REASONABLY FORESEEABLE HE COULD BE HALED INTO STATE’S COURT
3
AN AGENT HAS ACTUAL IMPLIED AUTHORITY WHERE
- THE TASK IS REASONABLY NECESSARY TO ACCOMPLISH EXPECTED GOALS
- CUSTOMARY FOR THIS TYPE OF AGENT TO HAVE AUTHORITY TO DO THIS TASK
- DURING PRIOR DEALINGS AGENT HAD AUTHORITY TO DO THIS TASK
2
HOW LONG DOES A PRE-INCORPORATION PROMOTER STAY PERSONALLY LIABLE
FOR PRE-INC DEBT
- UNTIL NOVATION
- OR CLEAR EVIDENCE PARTIES DIDN’T INTEND PERSONAL LAIBLITY
2
WILD DEED IS A DEED RECORDED IN SUCH A WAY THAT
- A REASONABLE SEARCH COULD NOT YIELD RESULTS
- AND WILL NOT AMOUNT TO CONSTRUCTIVE NOTICE
3
HIGH LEVEL EMPLOYEES AND EMBEZZLEMENT
- PROEPRTY TRESPASSORILY TAKEN FROM HIGH LEVEL EMPLOYEES ENTRUSTED WITH CUSTODY IS GENERALLY EMBEZZLEMENT
- UNLESS EMPLOYEE ACHIEVES POSSESSION BY MISREPRESENTATION
- MAKING THE CRIME LARCENY BY TRICK.
2
PREJUDGMENT ATTACHMENT REQUIRES
- EXISTING LAWSUIT
- CLAIMED RIGHT TO DEFENDANT’S PROPERTY
- DEMONSTRATED NEED TO SECURE PROPERTY BEFORE CASE RESOLUTION.
1
OBJECTION - COMPOUND IS USED WHERE WITNESS IS ASKED
- A QUESTION THAT REQUIRES MULTIPLE ANSWERS
3
“PER SE” MINIMUM CONTACTS ARISE FROM DEFENDANT’S
- DIRECT CONTACT WITH THE FORUM STATE
- CONTRACTING WITH A RESIDENT OF THE FORUM STATE
- PUTTING A PRODUCT INTO STREAM OF COMMERCE IN THE STATE
2
DEFENDANT MAY USE THE TORT DEFENSE OF SELF WHERE HE
- USES REASONABLE FORCE
- IS NOT THE AGGRESSOR
3
SOME JURISIDCTIONS ALLOW A DEFENDANT TO USE THE DEFENSE OF WITHDRAWAL TO ACCOMPLICE LIABLITY WHERE DEFENDANT
- VOLUNATRY STOPPED PARTICIPATING IN CRIME
- RELAYED HIS WITHDRAWAL TO PARTICIPANTS
- ACTED TO DISSUADE OR STOP PARTCIPANTS FROM CONTINUING WITH CRIME.
2
CALIFORNIA ADDITIONAL LOGICAL RELEVANCE REQUIREMENT ALSO REQUIRES THAT THE DISPUTED FACT
- IS OF CONSEQUENCE
- TO THE DETERMINATION OF THE ACTION
2
TIMELINESS - MOOTNESS
- CONTROVERSY HAS BEEN ELIMINATED
- CASE WILL BE DISMISSED
2
WHEN TO USE CONSTRUCTIVE TRUST AS EQUITABLE REMEDY
- WHEN VALUE OF WRONGFULLY TAKEN PROPERTY HAS GONE UP (PLAINTIFF TAKES INCREASE)
- WHERE FUNDS ARE NOT COMMINGLED
2
DAMAGES AND RESCISSION - CONSEQUENCE OF ORDER OF RELIEF SOUGHT
- PLAINTIFF SUES FOR DAMAGES FIRST, RESCISSION NOT ALLOWED
- PLAINTIFF SUES FOR RESCISSION FIRST, DAMAGES ARE ALLOWED.
2
OBJECTION - ASKED AND ANSWERED IS USED WHEN WITNESS HAS
- ALREADY ANSWERED THE SAME OR SIMILAR QUESTION
- FROM THE SAME ATTORNEY
3
PROCEDURAL DUE PROCESS - UNDER THE FIFTH AMENDMENT, THE GOVERNMENT MUST PROVIDE
- FAIR PROCESS/PROCEDURE
- BEFORE IT DEPRIVES A CITIZEN
- LIFE, LIBERTY OR A PROPERTY INTEREST
2
PREMARITAL AGREEMENTS - CONTRACT LAW REQUIREMENTS
- AGREEMENT MUST BE SIGNED BY BOTH PARTIES
- NO CONSIDERATION IS REQUIRED
3
RES IPSA LOQUITUR - BREACH OF DUTY IS INFERRED WHERE
- NEGLIGENCE IS IMPLIED BY THE FACTS
- DEFENDANT HAD EXCLUSIVE CONTROL OF MECHANISM OF PLAINTIFF’S INJURY
- PLAITNIFF HAD NO CONTROL OVER MECHANISM OF HIS INJURY
2
FEDERAL LIMITS ON DEPOSITIONS
- ONLY 10
- DEPOSITION MUST NOT EXCEED A 7 HOUR DAY WITHOUT COURT ORDER
1
FIFTH AMENDMENT - DUE PROCESS - CONFESSIONS MUST BE
VOLUNTARY
1
IN CALIFORNIA, BEST EVIDENCE RULE IS CALLED THE
- SECONDARY EVIDENCE RULE
3
COMMON LAW KIDNAPPING
- UNDER COMMON LAW, KIDNAPPING IS A SPECIFIC INTENT CRIME
- OF UNLAWFULLY CONFINING AND CARRYING AWAY THE VICTIM
- AGAINST THE VICTIM’S WILL ACROSS STATE OR FEDERAL LINES.
2
ACTION IF CONTINGENCY FEE IS DISPUTED
- CHECK TO ATTORNEY FOR CLIENT’S PROPOSED AMOUNT
- REMAINDER OF DISPUTED FEES LEFT IN TRUST ACCOUNT UNTIL DISPUTE RESOLVED
1
WHEN MAY AN ATTORNEY WITH INSUFFICIENT SKILL ADVISE OR ASSIST?
- IN A TRUE EMERGENCY TO THE EXTENT REASONABLY NECESSARY
1
PRETERMITTED HEIR
- CHILD BORN AFTER EXECUTION OF WILL
1
ACTUAL NOTICE OF A PREVIOUS INTEREST IN PROPERTY OCCURS WHERE BUYER HAS
- ACTUAL, SUBJECTIVE NOTICE OF A PRIOR, UNRECORDED INTEREST
1
MBE MISSED - EVEN WHERE A PERSON IS EMPLOYED IN FOR A “PERMANENT POSITION”, HE IS CONSIDERED AN
- AT-WILL EMPLOYEE
3
CALIFORNIA - CONTRACTS - WHERE NO CHOICE OF LAW PROVISION IN CONTRACT BUT MULTIPLE STATES’ LAWS ARE IN CONFLICT, THE COURT WILL EVALUATE
- THE COMPARITIVE IMPAIRMENT TO EACH STATE’S INTEREST
- SHOULD THE OTHER STATE’S LAW BE APPLIED.
1
COMMON LAW DUTY OF LAND POSSESSORS TO THOSE OFF OF THE LAND
- CONDUCT AND CONTROL ACTIVITIES TO NOT INJURE OTHERS OFF OF THE LAND
2
ORDER OF DECISIONS IN FEDERAL TRIAL (LEGAL AND EQUITABLE)
- JURY DECIDES FACTS FIRST
- JUDGE DECIDES EQUITY
2
DUTY OF FAIRNESS - ATTORNEY WHO RECEIVES CONFIDENTIAL DOCUMENT MUST
- STOP READING DOCUMENT
- NOTIFY SENDER OF INADVERTANT DISCLOSURE
2
TIMELINESS - RIPENESS
- LIVE CONTROVERSY
- OR THREAT OF IMMINENT HARM
1
PROFIT
- ENTITLES OWNER TO GO ON SERVIENT ESTATE AND REMOVE A PRODUCT OF THE LAND ITSELF.
2
SHAREHOLDER LIABILITY FOR CORPORATE DEBTS
- SHAREHOLDERS ARE NOT LIABLE FOR CORPORATE DEBTS
- UNLESS SHAREHOLDERS ARE PART OF PROFESSIONAL CORPORATION
2
DIFFERENCES BETWEEN LEARNED TREATISE EXCEPTION - FRE AND CEC
- FRE: ADMISSIBLE TO PROVE ANYTHING WHERE LEARNED TREATISE IS ACCEPTED AUTHORITY IN FIELD
- CA: ONLY ADMISSIBLE TO SHOW GENERAL NOTORIETY OR INTEREST, MEANING THIS EXCEPTION IS VERY NARROW AND ALMOST NEVER APPLICABLE.
3
LIABILITY ARISES FOR NEGLIGENT MISREPRESENTATION WHERE DEFENDANT
- HAS FINANCIAL OR PROFESSIONAL DUTY TO PLAINTIFF
- MAKES REPRESENTATION OF MATERIAL FACT WITH NO REASONABLE GROUNDS FOR BELIEF OF TRUTH
- DAMAGING PLAINTIFF WHO REASONABLY RELIES ON REPRESENTATION
5
MODERN BURGLARY - MOST JURISDICTIONS DEFINE BURGLARY AS A
- A SPECIFIC INTENT CRIME
- COMMITTED AT ALL HOURS OF THE DAY
- BY BREAKING AND ENTERING ALMOST ANY STRUCTURE
- WITH THE SPECIFIC INTENT TO COMMIT A FELONY
- OR ANY DEGREE OF LARCENY
1
ORAL CONDITION PRECEDENT
- AN ORAL CONDITION THAT MUST BE SATISFIED BEFORE THE PERFORMANCE DUTIES OF A SEPARATE AGREEMENT MUST RIPEN.
2
DEFENSE OF ILLEGALITY - WHERE THE DEFENSE MAY BE RAISED
- WHERE THE PARTIES DID ENTER THE CONTRACT IN PARI DELICTO
- JUSTICE DEMANDS ENFORCEMENT OF THE CONTRACT TO SOME DEGREE
1
CITIZENSHIP REQUIREMENTS FOR DIVERSITY OF CITIZENSHIP
- NO DEFENDANT MAY BE A CITIZEN OF THE SAME STATE AS ANY PLAINTIFF
2
SUPREMACY CLAUSE - TYPES OF FIELD PREEMPTION
- EXPRESS PREEMPTION
- IMPLIED PREEMPTION
4
RECORDED RECOLLECTION EXCEPTION
- RECORD CONTAINS MATTERS ABOUT WHICH WITNESS ONCE HAD FIRST HAND KNOWLEDGE
- MADE WHEN MATTER STILL FRESH IN WITNESS’ MEMORY
- WITNESS TESTIFIES MEMORY IS NOW INSUFFICIENT
- BUT RECORD IS ACCURATE
4
LIABILITY FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS IS FOUND WHERE DEFENDANT
- WAS NEGLIGENT
- BYSTANDER’S PROXIMITY TO TIME AND PLACE OF NEGLIGENT ACT
- AND PROXIMITY OF RELATIONSHIP TO VICTIM
- CAUSED PLAINTIFF TO SUFFER EXTREME EMOTIONAL DISTRESS
5
CONTINGENCY FEE REQUIREMENTS
- IN WRITING
- SIGNED BY THE CLIENT
- DESCRIBING DUTIES OF LAWYER AND CLIENT
- FEE OF LAWYER
- WHETHER OR NOT FEE IS BEFORE OR AFTER PAYMENT OF COSTS
2
CIVIL CASE - CHARACTER EVIDENCE IS ONLY ADMISSIBLE WHERE CHARACTER IS
- AT ISSUE
- AN ESSENTIAL ELEMENT OF THE CASE
1
RESCISSION
- PUTS PARTIES BACK INTO POSITION THEY WERE IN BEFORE CONTRACT WAS MADE
1
EXPRESS MATERIAL CONDITION
- A MATERIAL CONDITION EMBODIED IN EXPRESS, UNEQUIVOCAL TERMS IN THE CONTRACT.
1
MBE MISSED - A STATE’S LEGISLATIVE FUNCTIONS MAY BE IMMUNE FROM FEDERAL PROSECUTION UNDER THE
- TENTH AMENDMENT
2
DEFENSE OF ENTRAPMENT
- DEFENDANT MAY RAISE DEFENSE OF ENTRAPMENT
- WHERE CRIMINAL INTENT IS THE RESULT OF IMPROPER POLICE BEHAVIOR
6
ELEMENTS OF FRAUD FOR 10b-5 - MISREPRESENTATION
- INTENTIONALLY
- OR RECKLESSLLY
- MAKING MATERIAL MISREPRESENTATION
- CAUSING RELIANCE
- PROMPTING TRADE OF SECURITY
- THROUGH INTERSTATE COMMERCE
3
WAIVED DEFENSES WHEN MOTION TO QUASH NOT PROPERLY FILED
- INSUFFICIENT PROCESS
- INSUFFICIENT SERVICE OF PROCESS
- LACK OF PERSONAL JX
5
HOW TO FORM A LLC
- FILE ARTICLES WITH SOS
- DISCLOSE NAME OF LLCS
- NAME AND ADDRESS OF REGISTERED AGENT
- NAMES OF ALL MEMBERS
- MAY ADOPT OPERATING AGREEMENT
2
AGGREGATING CLAIMS TO REACH REQUIRED 75,000 FOR DIVERSITY - PLAINTIFF MAY AGGREGATE
- MULTIPLE CLAIMS AGAINST DEFENDANT
- CLAIMS AGAINST MULTIPLE DEFENDANT TORTFEASORS
1
STATEMENTS FOR MEDICAL DIAGNOSIS - FRE
- FRE ALLOWS STATEMENT REGARDING SOURCE OF CONDITION.
4
SPRINGING EXECUTORY INTEREST
- FUTURE INTEREST HELD BY A THIRD PARTY
- WILL DIVEST GRANTOR OF ESTATE
- AT OCCURENCE OF EVENT SET FORTH IN FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION
- SPRINGING INTO EXISTENCE THE THIRD PARTY’S POSSESSORY INTEREST IN THE PROPERTY
1
CORPORATE CONVERSION
- ENTITY CHANGES CORPORATE FORM
2
EQUITABLE LIEN REQUIREMENTS
- INADEQUATE REMEDY AT LAW
- MUST HAVE A TITLE TO PROPERTY FOR SECURITY INTEREST
2
BENEFICIARY’S INTEREST IN PROPERTY AFTER TRANSFER OF TRUST PROPERTY TO THIRD PARTY
- IF PROPERTY TRANSFERRED TO BFP FOR VALUE, BENEFICIARY’S INTEREST IS CUTOFF
- IF PROPERTY NOT TRANSFERRED TO BFP FOR VALUE, BENEFICIARY CAN SET ASIDE TRANSFER
2
MBE - IMMUNITY OF FEDERAL EMPLOYEES FROM STATE TAXES
- STATE TAXES ON FEDERAL CONTRACTORS AND EMPLOYEES
- FOR PERSONAL USE OR INCOME IS OK.
3
PRINCIPAL IS LIABILE FOR ACTS OF INDEPENDENT CONTRACTORS WHERE
- ULTRAHAZARDOUS ACTIVITY
- NONDELEGABLE DUTIES
- PRINCIPAL HELD INDEPENDENT CONTRACTOR OUT AS AN AGENT (ESTOPPEL)
2
EXCEPTIONS TO SHAREHOLDER APPROVAL REQUIREMENT FOR MERGER
- SHAREHOLDER APPROVAL NOT NEEDED WHERE CHANGE NOT SIGNFICANT
- SHORT FORM MERGER OK WHERE 90 PERCENT OWNED OR MORE SUBSIDIARY MERGES INTO ANOTHER
2
JOINT CLIENTS - CAN’T REPRESENT WHERE CONCURRENT COI UNLESS
- WRITTEN CONSENT FROM BOTH CLIENTS
- LAWYER BELIEVES HE CAN COMPETENTLY REPRESENT BOTH CLIENTS
1
DUTY OF CONFIDENTIALITY - ATTORNEY MAY NOT DISCLOSE
- CLIENT’S COMMUNICATIONS MADE DURING THE REPRESENTATION
2
SHAREHOLDER VOTING RIGHTS
DETERMINATION BY CLASS OF STOCK
- AT LEAST ONE CLASS OF STOCK MUST HAVE VOTING RIGHTS
- WHERE NOT SPECIFIED IN ARTICLES, ALL CLASSES HAVE VOTING RIGHTS
3
ADEMPTION OF SPECIFIC GIFTS - CAUSES OF ADEMPTION THAT WILL ENTITLE BENEFICIARY TO GENERAL PECUNIARY GIFT
- SPECIFIC GIFT INVOLVED SECURITIES
- CONSERVATOR SOLD SPECIFIC GIFT
- EMINENT DOMAIN TOOK SPECIFIC GIFT
4
MERGER DOCTRINE OF LAND SALE CONTRACT AND DEED
- AFTER CLOSING
- DEED BECOMES OPERATIVE DOCUMENT
- OBLIGATIONS OF LAND SALE CONTRACT DEEMED DISCHARGED CLOSING
- UNLESS OBLIGATIONS RESTATED IN DEED
4
TO FORM A LIMITED LIABILITY PARTNERSHIP, THIS MUST BE DONE
- FILE STATEMENT OF QUALIFICATION WITH SOS
- STATEMENT MUST BE EXECUTED BY AT LEAST TWO OF THE PARTNERS
- STATEMENT MUST INCLUDE NAME AND ADDRESSES OF THE PARTNERS
- PARTNERNSHIP NAME MUST END IN LLP OR RLLP
2
REASONABLE PERSON STANDARD FOR FINDING CONTRACTUAL INTENT
- WHERE A REASONABLE PERSON WOULD CONCLUDE A WILLINGNESS TO ENTER A BARGAIN FROM THE PARTIES’ WORDS AND ACTIONS
- SUFFICIENT INTENT TO ENTER A CONTRACT WILL BE FOUND
5
FIVE PART TEST FOR PERMANENT INJUNCTION (I PUT FIVE BUCKS DOWN)
- INADEQUATE LEGAL REMEDY
- PROPERTY RIGHT IS INVOLVED
- FEASIBILITY OF COURT ENFORCEMENT
- BALANCE OF HARDSHIPS WEIGHS IN FAVOR OF GRANTING DECREE
- DEFENSES ARE NOT AVAILABLE TO OTHER PARTY
1
CA COMPETENCE INCLUDES THIS SUPERVISORY REQUIREMENT
- SUPERVISE WORK OF SUBORDINATE ATTORNEYS AND NON-LAWYER EMPLOYEES
3
DUE PROCESS CLAUSE LIMITATIONS ON STATUATORY BASES FOR PERSONAL JURISDICTION
- SUFFICIENT MINIMUM CONTACTS
- EXERCISE OF JURISDICTION IS REASONABLE
- AND DOESN’T OFFEND TRADITIONAL NOTIONS OF FAIR PLAY AND SUBSTANTIAL JUSTICE
1
MBE MISSED - ORAL AGREEMENT - OVERCOMING STATUTE OF FRAUDS WITH BUYER’S ACT - BUYER’S ACT MUST BE ________ TO AGREEMENT TO COUNT AS PART PERFORMANCE
- UNEQIVOCALLY REFERRABLE
2
CONSTRUCTIVE CONDITIONS
- CONDITIONS IMPLIED BY THE NATURE AND EXPRESS TERMS OF THE CONTRACT
- THAT MUST BE SATISFIED BEFORE DUTIES RIPEN.
4
FIDUCIARY DUTIES OWED BY PARTNERS TO EACH OTHER AND THE PARTNERSHIP
- DUTY OF LOYALTY
- DUTY OF CARE
- DUTY OF DISCLOSURE
- DUTY TO ACCOUNT
4
RECORDING STATUTES PARAGRAPH
- AT COMMON LAW, WHEN GRANTOR CONVEYED PROPERTY TWICE,
- GRANTEE FIRST IN TIME USUALLY PREVAILED.
- MODERNLY, RECORDING ACTS CHANGE THAT OUTCOME
- IN SOME CIRCUMSTANCES.
2
MBE MISSED - PAST CONVICTIONS MAY BE USED TO IMPEACH CREDIBILITY WHERE ELEMENTS OF PRIOR CRIME INVOLVED
- DISHONEST ACT
- FALSE STATEMENT
4
LIABILITY FOR INTRUSION ARISES WHERE DEFENDANT
- INTENTIONALLY INTRUDED
- IN MANNER OFFENSIVE TO REASONABLE PERSON
- INTO PLACE WHERE PLAINTIFF’S HAD A REASONABLE EXPECTATION OF PRIVACY
- HARMING PLAINTIFF
3
TRANSMUTATION TO 3RD PARTIES
- NOT EFFECTIVE
- WITHOUT NOTICE
- UNLESS RECORDED
2
PIERCING THE CORPORATE VEIL CAUSES - UNDERCAPITALIZATION
- SHAREHOLDERS INVESTMENT AT TIME OF FORMATION
- INSUFFICIENT TO COVER FORESEEABLE LIABILITIES
1
IMPLIED WAIVER OF MIRANDA
- UNDER BERGHUIS, SILENCE AND SUBSEQUENT SPEAKING CONSTITUTED A WAIVER OF MIRANDA.
1
REQUIREMENT FOR VOLUNTARY CORPORATE DISSOLUTION
- MAJORITY VOTE APPROVING DISSOLUTION BY DIRECTOR AND SHAREHOLDERS
3
SUBSTITUTE SERVICE REQUIREMENTS - PRIVATE PARTY - CA - ONLY ALLOWED WHERE
- PERSONAL SERVICE CANNOT BE COMPLETED WITH REASONABLE DILIGENCE
- DEFENDANT’S RESIDENCE WITH A COMPETENT MEMBER OF HIS HOUSEHOLD OVER 18 WHO IS INFORMED OF CONTENTS
- SUMMONS AND COMPLAINT ALSO SERVED BY FIRST CLASS MAIL
2
CALIFORNIA VERDICT REQUIREMENTS
- 3/4 JURY FOR CIVIL
- UNANIMOUS FOR CRIMINAL
2
ESTOPPEL - CLAIM OF PUTATIVE SPOUSE
- PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID
- OR PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID AND TREATED IT LIKE IT WAS VALID
2
DUTY TO MAINTAIN DIGNITY OF PROFESSION - LAWYER MUST NOT DO ANYTHING THAT
- BRINGS DISDAIN TO THE PROFESSION IN THE PUBLIC EYE
- WITHOUT JUSTIFICATION, REPRESENT ANOTHER LAWYER IS DISHONEST OR UNTRUSTWORTHY
3
STANDING - INDIVIDUAL
- ACTUAL OR IMMINENT INJURY
- INJURY CAUSED BY ALLEGED CONDUCT COMPLAINED OF
- INJURY REDRESSIBLE BY FAVORABLE DECISION
3
REPUTATION CONCERNING BOUNDARIES EXCEPTION
- COMMUNITY REPUATION ABOUT BOUNDARIES
- OR CUSTOMS AFFECTING LANDS
- OR EVENTS OF GENERAL HISTORY IMPORTANT TO COMMUNITY.
1
INQUIRY NOTICE - TITLE
- PURCHASER IS POSSESSION OF FACTS THAT WOULD CAUSE A REASONABLE PERSON TO MAKE FURTHER INQUIRY ABOUT CLAIMS ON THE PROPERTY’S TITLE
2
ABATEMENT - ELEMENTS
- GIFTS ARE REDUCED TO PAY DEBTS AND LEGACIES
- THE ESTATE DOES NOT HAVE SUFFICIENT FUNDS TO PAY
4
REQUIRED ANSWER RESPONSES TO FEDERAL COMPLAINT ALLEGATIONS - DEFENDANT MUST EITHER
- DENY
- ADMIT
- STATE LACK OF INFORMATION TO DENY OR ADMIT
- ASSERT ANY AFFIRMATIVE DEFENSES
3
DURATION OF FUTURE COVENANTS CONTAINED WARRANTY DEEDS
- RUN WITH THE LAND
- CONTINUOUS
4
AN ATTORNEY ENTER INTO BUSINESS TRANSACTION WITH CLIENT WHERE TRANSACTION IS
- FAIR AND REASONABLE
- TERMS ARE COMMUNICATED IN EASILY UNDERSTANDABLE MANNER
- CLIENT CONSENTS IN WRITING
- CLIENT IS ADVISED TO SEEK INDEPENDENT COUNSEL
1
TRESSPASS TO CHATTELS - LIABILITY ARISES WHERE DEFENDANT
- INTENTIONALLY AND WITHOUT AUTHORIZATION INTERFERES WITH OR CAUSES DAMAGE TO PLAINTIFF’S CHATTELS
1
DEFENSE OF MISTAKE OF FACT - THE DEFENSE MAY RAISE THE DEFENSE OF MISTAKE OF FACT WHERE IT NEGATES
- SPECIFIC INTENT.
2
INTRO SENTENCE - LANDLORD/TENANT QUESTIONS
- IN ORDER TO DETERMINE THE RIGHTS AND OBLIGATIONS OF THE PARTIES,
- WE MUST FIRST DETERMINE EACH PARTY’S INTEREST IN THE PROPERTY.
3
INVOLUNTARY DISSOLUTION MAY BE INITIATED BY
- SHAREHOLDER(S) WITH 33 PERCENT OR MORE SHARES
- OVER 50 PERCENT VOTE OF BOD
- ATTORNEY GENERAL
2
RECKLESSNESS
- RECKLESSNESS IS A DELIBERATE ACT THAT CREATES EXTREME RISK TO OTHERS
- GROSSLY DEVIATING FROM THE AMOUNT OF RISK A REASONABLE PERSON WOULD CREATE IN A SIMILAR SITUATION.
1
RELIANCE DAMAGES SEEK TO RETURN THE PLAITNIFF TO THE POSITION HE WAS IN
- BEFORE THE CONTRACT WAS MADE.
2
REMEDY FOR
USURPING BUSINESS OPPORTUNITY FROM CORPORATION
- COMPELLED TURNOVER OF BUSINESS OPPORTUNITY TO CORPORATION
- DISGORGEMENT OF PROFITS GAINED FROM USURPRING OPPORTUNITY (TO CORP)
4
SIXTH AMENDMENT RIGHT TO SPEEDY TRIAL BALANCING FACTORS
- LENGTH OF DELAY
- REASON FOR DELAY
- PREJUDICE TO DEFENDANT AS RESULT OF DELAY
- TIME AND MANNER IN WHICH DEFENDANT ASSERTED HIS RIGHT.
1
TAKINGS CLAUSE - MEASURE OF JUST COMPENSATION
- PROPERTY’S FAIR MARKET VALUE AT TIME OF TAKING
4
TIRIGGERS OF LIABILITY OF PROMOTER UNDER A BREACH OF WARRANTY THEORY
- HE WILL ACT TO FORM A CORP
- HE HAS ACTED TO FORM A CORP
- THAT A CORPORATION EXISTS
- THAT PROMOTER HAS RIGHT TO REPRESENT CORP
1
FREEDOM OF SPEECH - CONTENT BASED SPEECH REGULATIONS AFFECT
- COMMUNICATIVE IMPACT OF EXPRESSION
2
COLLATERAL ESTOPPEL - AN ISSUE IS NECESSARILY DECIDED ON THE MERITS WHERE
- ISSUE IS CONNECTED TO FINAL ADJUDICATION
- ISSUE WAS NOT DECIDED BASED ON A TECHNICALITY
1
ACQUISITION OF DEBT AND REBUTTABLE PRESUMPTION OF COMMUNITY LIABILITY - COMMUNITY IS REBUTTABLY PRESUMED LIABLE FOR DEBT ACQUIRED BEFORE AND DURING MARRIAGE UNLESS
- LENDER RELIED EXCLUSIVELY ON SPOUSE’S SEPARATE PROPERTY
2
CORPORATION BY ESTOPPEL - REMEDY IS AVAILABLE WHERE PLAINTIFF
- REASONABLY RELIED ON REPRESENTATIONS OF CORP STATUS
- AND IS SEEKING REMEDY AT CONTRACT
2
MOTION FOR NEW TRIAL MUST BE FILED W/IN
- FED- 28 DAYS AFTER ENTRY OF JUDGMENT
- CA - 15 DAYS OF SERVICE OF NOTICE OF ENTRY OF JUDGMENT OR 180 DAYS AFTER JUDGMENT ENTERED
1
EQUAL PROTECTION CLAUSE LIMITS GOVERNMENT’S ABILITY TO DO THIS:
- GOVERNMENT’S ABILITY TO TREAT SIMILARLY SITUATED PEOPLE DIFFERENTLY
3
3FOR WILLS, ACTS OF INDEPENDENT LEGAL SIGNFICANCE
- EXTRINSIC ACTS
- WITHOUT TESTAMENTARY FUNCTION
- USED FOR DESIGNATING BENEFICIARIES OR PROPERTY TO BE DEVISED
2
GOODS
- TANGIBLE, MOVABLE THINGS
- AT TIME OF CONTRACT IDENTIFICATION.
3
CRIMINAL ASSAULT ELEMENTS
- A SPECIFIC INTENT CRIME
- OF ATTEMPTED BATTERY
- OR INTENTIONALLY ACTING TO MAKE VICTIM FEAR AN IMMINENT HARMFUL OR OFFENSIVE CONTACT WITH VICTIM’S PERSON.
3
INSTALLMENT CONTRACT
- A CONTRACT FOR A SERIES OF SEPARATE SHIPMENTS OF GOODS PAID BY CORRESPONDING SEPARATE PAYMENTS
- ANY NON-CONFORMING SHIPMENT WILL NOT AMOUNT TO BREACH
- UNLESS IT SUBSTANTIALLY IMPAIRS THE TOTAL VALUE OF THE CONTRACT.
3
IRRESISTIBLE IMPULSE TEST
- SOME JURISDICTIONS ADD IRRESISTIBLE IMPULSE TEST TO M’NAUGHTEN
- WHERE MENTAL DISEASE OR DEFECT MADE DEFENDANT INCAPABLE OF CONTROLLING HIS ACTIONS
- EVEN WHERE HE COULD DISTINGUISH RIGHT FROM WRONG.
1
ALLEGATIONS OF MINOR CHILD CEC HEARSAY EXCEPTION
- EVIDENCE OF A STATEMENT BY A MINOR CHILD IF OFFERED IN CERTAIN ACTIONS AGAINST A PERSON ALLEGED TO HAVE INJURED THE CHILD.
2
EQUITABLE DEFENSES - LACHES
- PLAINTIFF UNREASONABLY DELAYED PURSUING CLAIM
- CAUSING PREJUDICE TO DEFENDANT
2
FEDERAL TAXPAYER STANDING IS ONLY FOR
- VIOLATIONS OF ESTABLISHMENT CLAUSE
- MADE BY SPENDING OR TAX PROGRAMS
2
ACCEPTING INTEREST IN BUSINESS FOR PAYMENT OF ATTORNEYS FEES IS ALLOWED WHERE
- ATTORNEY ADVISES CLIENT TO SEEK INDEPEDENT COUNSEL
- WRITTEN TRANSACTION
1
KIDNAPPING - MODERNLY, MOST JURISIDICTIONS HAVE DONE AWAY WITH THIS ELEMENT OF COMMON LAW KIDNAPPING
- THE CARRYING AWAY REQUIREMENT
4
ABA COMPETENCY REQUIREMENTS - LAWYER MUST HAVE THESE THINGS TO REPRESENT A CLIENT
- KNOWLEDGE
- SKILL
- THOROUGHNESS
- PREPARATION REASONABLY NECESSARY
2
DUTY OF CANDOR - ATTORNEY MUST NOT
- MAKE FALSE STATEMENTS TO COURT AND/OR OPPOSING COUNSEL
- ALLOW CLIENT TO MAKE FALSE REPRESENTATIONS TO COURT
2
ADVERSE POSSESSION AND MARKETABLE TITLE
- ADVERSE POSSESSION DOES NOT GRANT OWNER MARKETABLE TITLE
- MARKETABLE TITLE MAY BE OBTAINED BY QUIET TITLE ACTION
1
MBE MISSED - EASEMENT AGAINST SERVIENT ESTATE - BFP WILL BE FOUND TO HAVE NOTICE WHERE EASEMENT APPEARS
- IN CHAIN OF TITLE
2
THIRD PARTY INCIDENTAL BENEFICIARY
- A PARTY NOT DIRECTLY INTENDED TO BENEFIT FROM THE CONTRACT
- WHO MAY NOT SEEK DAMAGES FOR THE BREACH.
1
PURCHASING A TICKET CREATES THIS CONTRACTUAL RIGHT
- A LICENSE
1
ARREST WARRANT REQUIRED WHERE
- PERSON IS ARRESTED IN HIS/HER HOME.
3
WILLS - CONFLICT OF LAWS - WILL MUST COMPLY WITH THE LAWS OF THE PLACE
- TESTATOR DOMICILED AT TIME OF EXECUTION
- TESTATOR DOMICILED AT TIME OF DEATH
- WILL EXECUTED
2
IMPLEADER
- DEFENDANT BRINGS IN THIRD PARTY DEFENDANT WITH DERIVATIVE CLAIM
- SEEKING SUBROGATION, INDEMNITY OR CONTRIBUTION
2
HOW MANY A LAWYER GAIN SUFFICIENT COMPETENCY?
- ASSOCIATING W/LAYWER REASONABLY BELIEVED TO BE COMPETENT
- ACQUIRING SUFFICIENT LEARNING AND SKILL BEFORE PEROFRMANCE W/OUT UNDUE EXPENSE OR DELAY
3
ADEQUATE PROVOCATION COOL DOWN PERIOD
- ADEQUATE PROVOCATION WILL NOT BE FOUND
- WHERE DEFENDATN HAD AN AMOUNT OF TIME ALLOWING A REASONABLE PERSON TO COOL DOWN
- AND NO LONGER BE IN A MURDEROUS RAGE.
2
MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT TIMING REQUIREMENTS- CA
- MOTION MUST BE MADE W/IN 15 DAYS AFTER SERVICE OF NOTICE OF ENTRY OF JUDGMENT
- OR 180 DAYS AFTER JUDGMENT ENTERED
3
THIRD PARTY COMPENSATION OF ATTORNEYS FEES ONLY ALLOWED WHERE
- THIRD PARTY DOES NOT INTERFERE WITH INDEPENDENC EOF PROFESSIONAL JUDGMENT OR LAWYER-CLIENT RELATIONSHIP
- CLIENT INFO IS KEPT CONFIDENTIAL
- CLIENT GIVES INFORMED CONSENT (CA REQUIRES WRITING)
2
BUSINESS VALUE APPRECIATION AFTER SEPARATION - WHEN TO USE REVERSE PEREIRA
- COMMUNITY PROVIDED INITIAL INVESTMENT FOR BUSINESS
- APPRECIATION OF BUSINESS DUE TO SPOUSE’S LABOR
2
CONGRESSIONAL POWER - WAR POWERS
- RIGHT TO DECLARE WAR
- RIGHT TO RAISE AND SUPPORT ARMED FORCES
3
SIXTH AMENDMENT RIGHT TO JURY - DUREN TEST FOR CHALLENGING FAIRNESS OF JURY SELECTION - IS THE GROUP ALLEGED TO BE EXCLUDED
- A DISTINCTIVE GROUP
- WHOSE REPRESENTATION IS NOT FAIR OR REASONABLE IN RELATION TO THE PERCENTAGE OF SUCH A GROUP IN THE COMMUNITY
- UNREPRESENTED DUE TO SYSTEMATIC EXCLUSION IN THE JURY SELECTION PROCESS
2
CONGRESSIONAL POWER - TAXING AND SPENDING CLAUSE - CONGRESS HAS THE RIGHT TO
- TAX FOR GENERAL WELFARE OF US
- CONDITIONALLY GRANT FUNDING
1
BUYER SATISFACT AS AN IMPLIED MATERIAL CONDITION OF THE CONTRACT
- REASONABLY SATISFACTORY PERFORMANCE IS ALWAYS AN IMPLIED MATERIAL CONDITION OF EVERY CONTRACT.
4
CA FACTORS FOR ASSESSING FEES
- NOVELTY AND DIFFICULTY OF LEGAL ISSUES
- TIME LIMITATION
- NATURE OF RELATIONSHIP WITH CLIENT
- EXPERIENCE
2
RELATION BACK DOCTRINE - AMENDMENT OF CLAIM ALLOWED WHERE
- STATUTE ALLOWS
- INVOLVES THE SAME CONDUCT, TRANSACTION OR OCCURRENCE IN THE ORIGINAL CLAIM.
1
CONTROLLING SHAREHOLDERS
- A SHAREHOLDER WITH ENOUGH VOTING STRENGTH TO IMPACT CORPORATION
2
DISTRIBUTION OF ASSETS AT DEATH - WHERE DECEDENT TRIES TO DEVISE MORE THAN 1/2 COMMUNITY ASSETS IN WILL, SURVIVING SPOUSE MAY ELECT TO
- TAKE CP RIGHTS INSTEAD OF DEVISE OR
- TAKE DEVISE UNDER WILL IN LIEU OF CP RIGHTS
1
DEFENSE OF LACK OF CAPACITY
- DEFENSE OF LACK OF CAPACITY IS NO DEFENSE TO CIVIL LIABILITY
5
CALIFORNIA MARRIAGE
- CONSENSUAL CIVIL CONTRACT
- BETWEEN TWO PERSONS
- FOLLOWED BY LICENSE
- SOLEMNIZATION
- AUTHENTICATION
1
MBE MISSED - WHERE A LAW IMPACTS FIRST AMENDMENT RIGHTS IT MUST
- PROMOTE A SIGNFICANT GOVERNMENT INTEREST.
3
CONGRESSIONAL POWERS - CONGRESS RESPONSIBLE FOR ENFORCING THESE POST CIVIL WAR AMENDMENTS
- 13
- 14
- 15
2
CA - ADDITIONAL CONTINGENCY FEE REQUIREMENTS - FEE AGREEMENT MUST NOTE
- FEES ARE NEGOTIABLE
- HOW FEES OUTSIDE OF CONTINGENCY FEE ARE TO BE PAID
2
MOTION TO QUASH FILING REQUIREMENTS
- MADE BY SPECIAL APPEARANCE
- DONE BEFORE OR CONCURRENTLY WITH FILING OF RESPONSIVE PLEADINGS
5
TRIGGERS FOR ABSOLUTE PRIVILEGE APPLIES TO STATEMENTS MADE
- BY LEGISLATORS AND AIDS ON FLOOR
- BETWEEN FEDERAL EXECUTIVE OFFICIALS
- JUDICIAL PROCEEDINGS
- COMMUNICATION BETWEEN SPOUSES
- UNTIL REPEATED IN CONTEXT WITH NO PRIVILEGE
3
SHAREHOLDER AGREEMENT - ENFORCEABLITY OF TRANSFER OF SHARES RESTRICTIONS
- UPHELD WHERE RESTRICTIONS ARE REASONABLE (E.G. RIGHT OF FIRST REFUSAL)
- ABSOLUTE RESTRAINT ON TRANSFERS IS ALWAYS UNREASONABLE
13
TYPES OF TRUSTS
- EXPRESS
- TESTAMENTARY
- POUR OVER
- SECRET
- SEMI-SECRET
- SPENDTHRIFT
- SUPPORT
- DISCRETIONARY SUPPORT
- CHARITABLE
- HONORARY
- TOTTEN
- RESULTING (PURCHASE MONEY)
- CONSTRUCTIVE
1
MBE MISSED - BURDEN OF GOING FORWARD ON AN AFFIRMATIVE DEFENSE. DEFENDANT MUST PROVE DEFENSE BY A
- PREPONDERANCE OF EVIDENCE
3
METHODS OF PAYING DIVIDENDS TO SHAREHOLDERS
- CASH
- SHARES
- PROPERTY
2
CREATION AND CLASSIFICATION OF STOCK SHARES RULES
- ORIGINAL NUMBER OF SHARES MUST BE FILED WITH SOS
- DIFFERENT CLASSES OF SHARES MUST BE CLASS MUST BE IDENTIFIED BEFORE ISSUED
1
LIABILITY FOR PRODUCTS LIABILITY - COMMERCIAL SELLER IS
- ANYONE ENGAGED IN THE BUSINESS OF MARKETING AND DISTRIBUTION CHAIN OF AN UNREASOANBLY DANGEROUS PRODUCT
1
MBE MISSED - MINOR BREACH AMOUNTS TO
- SUBSTANTIAL PERFORMANCE
1
PRIVATE CITIZEN’S RESIDENCE FOR VENUE IS ESTABLISHED BY
- CITIZEN’S DOMICILE
1
REPUTATION CONCERNING CHARACTER - HEARSAY EXCEPTION
- REPUTATION AMONG THE COMMUNITY CONCERNING A PERSON’S CHARACTER.
2
REVOCATION BY OPERATION OF LAW - PRETERMITTED CHILD OR SPOUSE RECEIVES
- INTESTATE SHARE
- WHERE BORN OR MARRIED AFTER WILL MADE
2
DEBT - SPOUSE’S SEPARATE PROPERTY’S AVAILABILITY
FOR COMMUNITY LIABILITY
- SPOUSES SEPARATE PROPERTY ONLY AVAILABLE FOR PERSONAL LIABILITY
- UNLESS COMMUNITY DEBT INCURRED BY NECESSARIES OF LIFE FOR CHILD OR SPOUSE
3
TRUSTS FOR REAL PROPERTY MUST BE EXECUTED BY
- TRUSTEE OR
- SETTLOR OR
- THEIR AGENT
5
EVIDENCE IS LOGICALLY RELEVANT WHERE IT HAS
- ANY TENDENCY
- TO MAKE A MATERIAL FACT OF CONSEQUENCE
- MORE OR LESS PROBABLE
- THAN IT WOULD BE
- WITHOUT THE EVIDENCE
1
DEFENSE OF DWELLING
- A DEFENDANT IS PRIVILEGED TO USE REASONABLE FORCE TO DEFEND HIS DWELLING.
3
THREE TYPES OF DEED
- QUITCLAIM DEED
- WARRANTY DEED
- SPECIAL WARRANTY DEED
3
INSTALLMENT CONTRACT FOR REAL PROPERTY
- BUYER MAKES DOWN PAYMENT
- MAKES SUBSEQUENT INSTALLMENT PAYMENTS
- IF DEFAULT, SELLER RECOVERS PROPERTY AND KEEPS PAYMENTS MADE
3
HONORARY TRUST
- TYPICALLY INVALID BECAUSE HAS NO BENFICIARY OR CHARITABLE PURPOSE
- ALLOWED WHERE FOR CARE OF PETS OR BURIAL PLOTS
- WHEN PET DIES, FUNDS GO TO RESULTING TRUST
4
CRIMINAL FALSE IMPRISONMENT
- FALSE IMPRISONMENT IS A GENERAL INTENT CRIME
- OF UNLAWFUL CONFINING VICTIM WITHIN FIXED BOUNDARIES
- FOR ANY PERIOD OF TIME
- WITH NO REASONABLE MEANS OF ESCAPE
1
MBE MISSED - A WRITTEN AGREEMENT IS PRESUMED PARTIALLY INTEGRATED UNLESS
- CLEAR EVIDENCE EXISTS TO THE CONTRARY
2
WHERE IS LAWYER’S PECUNIARY INTEREST IN LITIGATION ALLOWED
- ONLY ALLOWED AS LIEN TO SECURE FEES
- OR CONTINGENCY INTEREST
3
CALIFORNIA DOE AMENDEMENTS - PLAINTIFF CAN AMEND AND IDENTIFY DOE DEFENDANTS WHERE (ALLOWANCES FOR IGNORACE)
- SHE WAS GENUINELY IGNORANT OF THE IDENTITY OF THE DEFENDANTS OR
- THE FACTS GIVING RISE TO THE ACTION OR
- THE FACTS THAT THE LAW PROVIDES A CAUSE OF ACTION
2
ASSERTIVE CONDUCT IS CONDUCT THAT IS
- TREATED LIKE A STATEMENT
- SUBJECT TO ALL HEARSAY RULES
3
EXCEPTIONS TO THE UCC SOF
- SPECIALTY MADE GOODS
- WHERE PARTY TO BE BOUND ADMITS EXISTENCE OF AGREEMENT IN A LEGAL DOCUMENT
- PARTIAL PERFORMANCE
2
MBE MISSED - A STATUTE WILL NOT VIOLATE THE TENTH AMENDMENT WHERE IT IS
- GENERALLY APPLICABLE
- DOES NOT COMMANDEER THE LEGISTLATIVE FUNCTION OF LOCAL GOVERNMENT
3
TRANSMUTATION PRE 1985 COULD BE
- ORAL
- WRITTEN
- INFERRED BY SPOUSE’S CONDUCT
1
MARRIED WOMAN’S SPECIAL PRESUMPTION
RESULT OF PROPERTY TAKEN IN WIFE AND HUSBAND’S NAME BUT NO JOINT TENANCY FORM OR MENTION OF “MR & MRS” OR “HUSBAND AND WIFE”
- PROPERTY BECOMES 1/2 SP AND 1/2 CP
3
WILLS - CALIFORNIA WILL CONSTRUE CHILD TO MEAN
- NATURALLY BORN CHILD FROM MARRIAGE
- CHILD BORN OUT OF WEDLOCK
- ADOPTED CHILD
4
BURDEN OF PROOF FOR DESIGN DEFECT - JURY MUST BALANCE
- GRAVITY OF POTENTIAL HARM
- LIKELIHOOD OF POTENTIAL HARM
- VS. FEASIBILITY OF ALTERNATIVE DESIGN
- COST OF ALTERNATIVE DESIGN
4
SEPERATE PROPERTY PAID TOWARD COMMUNITY PROPERTY MAY BE REIMBURSED WHEN USED FOR
- DOWN PAYMENT
- IMPROVEMENTS
- PRINCIPAL
- NO INTEREST
3
SERVICE OF PROCESS ELEMENTS - DEFENDANT IS PROVIDED WITH A
- A COPY OF COMPLAINT.
- FORMAL NOTICE OF COURT FILING
- TIMELINE FOR RESPONSE.
3
WASTE BY THE PRESENT INTEREST HOLDER REAL PROPERTY - ELEMENTS
- INJURY TO REAL PROPERTY
- COMMITTED BY PRESENT INTEREST HOLDER
- AGAINST FUTURE INTEREST HOLDER
2
LIABILITY OF PARTNERS IN A LLP
- NO PERSONAL LIABILITY FOR PARTNERSHIP DEBTS
- PERSONAL LIABILITY WILL ARISE FOR PERSONAL WRONGDOING
4
EVALUATING 19B INDISPENSIBILITY FOR COMPULSORY JOINDER
- PREJUDICE CAUSED TO MISSING PARTIES BY RENDERING JUDGMENT WITH A MISSING PARTY.
- COURT’S ABILITY TO LESSEN SUCH PREJUDICE WITH A JUDGMENT.
- ADEQUACY OF A JUDGMENT RENDERED WITH A MISSING PARTY.
- ADEQUATE REMEDY AVAILABLE FOR PLAINTIFF IF CASE DISMISSED FOR NONJOINDER.
1
RACE STATUTE
- FIRST TO RECORD WINS
8
PRIOR BAD ACTS MAY NOT BE USED TO SHOW CONDUCT IN CONFORMITY WITH CHARACTER EVIDENCE BUT MAY BE USED TO PROVE (I PIK A MOP)
- INTENT
- PREPARATION
- IDENTITY OF PERPERTRATOR
- KNOWLEDGE
- ABSENCE OF MISTAKE OR ACCIDENT
- MOTIVE
- OPPORTUNITY
- PLAN
2
LOWEST INTERMEDIATE BALANCE RULE -
INVESTOR AND SPENDER FICTION
- INVESTOR FICTION - DEFENDANT INVESTS HIS OWN MONEY FIRST
- SPENDER FICTION - DEFENDANT SPENDS HIS OWN MONEY FIRST
2
CALIFORNIA COMPARATIVE FAULT PROOF REQUIREMENT
- PLAINTIFF WAS ALSO NEGLIGENT
- PLAINTIFF’S NEGLIGENCE WAS A SUBSTANTIAL FACTOR IN CAUSING HIS OR HER OWN HARM
2
REVOCATION OF WILL BY OPERATION OF LAW - TRIGGERS
- TO ACCOMODATE OMMITTED SPOUSE OR CHILD
- OR REMOVE EX-SPOUSE AFTER DIVORCE OR ANNULLMENT
3
PROCEDURAL DUE PROCESS - DEPRIVATION OF LIBERTY OCCURS WHERE GOVERNMENT ACTION
- RECKLESSLY OR INTENTIONALLY CAUSED
- LOSS OF SIGNIFICANT FREEDOM
- SECURED BY CONSTITUTION OR STATUTE
3
EXPRESS TRUST CREATION TYPES
- INTERVIVOS DECLARATION THAT PROPERTY IS HELD IN TRUST (INTER VIVOS TRUST)
- INTERVIVOS TRANSFER OF PROPERTY BY SETTLOR TO TRUST DURING SETTLOR’S LIFETIME (LIVING TRUST)
- BY WILL (TESTAMENTARY TRUST)
3
TRUST TERMINATION POWERS - BENEFICIARIES
- WHERE UNANIMOUS CONSENT
- WHERE ALL ARE COMPETENT
- WHERE PURPOSE OF TRUST WONT BE FRUSTRATED
2
DUTY OF LOYALTY - REQUIRED STEPS TO AVOID USURPING CORPORATE OPPORTUNITY - OFFICER MUST
- FIRST OFFER OPPORTUNITY TO CORP
- WHERE CORP WOULD EXPECTED TO BE PRESENTED WITH OPPORTUNITY
2
CRIMINAL HOMICIDE
- AN UNLAWFUL KILLING OF A HUMAN BEING
- COMMITTED BY ANOTHER HUMAN BEING
4
ISSUES THAT ARE PER SE SUBSTANTIVE
- ELEMENTS OF CLAIM OR DEFENSE
- CHOICE/CONFLICT OF LAW
- STATUTE OF LIMITATIONS
- TOLLING STATUTE OF LIMITATIONS
1
SEARCH WARRANT EXCEPTION - AUTOMOBILE - SUSPECT ARRESTED
- IF SUSPECT ARRESTED, VEHICLE MAY BE IMPOUNDED AND SEARCHED AT STATION.
2
EFFECT OF THE IMPLIED COVENANT OF GOOD FAITH IN EVERY CONTRACT
- ALL PARTIES ARE BOUND TO ACT IN GOOD FAITH TO HELP ACHIEVE ALL PARTIES’ EXPECTED BENEFITS OF THE BARGAIN
- AND NOT PREVENT THESE BENEFITS.
2
MBE MISSED - DEFAMATION - CHARACTER AT ISSUE IN THESE TWO RESPECTS
- WHETHER DEFENDANT’S ASSESSMENT IS INCORRECT
- WHETHER PLAINTIFF’S REPUTATION HAS BEEN DAMAGED
3
REQUIREMENTS TO MAKE ADEMPTION BY SATISFACTION (LIFETIME GIFT SATISFYING BEQUEST)
- BENEFICIARY ACKNOWLEDGES RECEIPT OF GIFT IN WRITING
- OR TESTATOR DECLARES MAKING GIFT IN WRITING
- AND WILL PROVIDES FOR DEDUCTION OF GIFT
4
INVOLUNTARY MANSLAUGHTER IS
- A CRIMINAL, UNINTENDED HOMICIDE
- RESULTING FROM CRIMINAL NEGLIGENCE
- OR RECKLESSNESS
- OR THE COMMISSION OF A MALUM IN SE CRIME INSUFFICIENT TO SUPPORT A CHARGE OF FELONY MURDER.
3
CA CONFLICT OF LAWS RULES - TORTS - WHERE TWO STATES’ LAWS ARE IN CONFLICT, THE COURT WILL EVALUATE
- THE COMPARITIVE IMPAIRMENT TO EACH STATE’S INTEREST
- SHOULD THE OTHER STATE’S LAW BE APPLIED.
4
OTHER ITEMS DEFINED BY UCC AS GOODS
- STANDING CROPS
- TIMBER
- UNBORN ANIMALS
- MINERALS
3
LIABILITY FOR FRAUD ARISES WHERE DEFENDANT
- INTENTIONALLY MAKES FALSE REPRESENTATION OF MATERIAL FACT
- WITH SCIENTER
- INJURING PLAINTIFF ACTING IN REASONABLE RELIANCE ON REPRESENTATION
1
WATER RIGHTS - COMMON ENEMY APPROACH
- OWNER MAY CAST REMOVED WATER ON TO NEIGHBOR’S LAND.
1
FOURTH AMENDMENT PROTECTS AGAINST
- UNREASONABLE SEARCHES AND SEIZURES
1
STATUTE OF FRAUDS UNDER UCC
- CONTRACTS FOR SALES OF GOODS IN EXCESS OF 500 DOLLARS MUST BE MADE IN WRITING TO BE ENFORCEABLE AT LAW.
4
REQUIRED NUMBER, RESIGNING AND REMOVAL OF CORPORATE DIRECTORS
- MUST BE AT LEAST ONE
- MAY RESIGN W/NOTICE
- MAY BE REMOVED BY SHAREHOLDER VOTE
- MODERNLY, REMOVAL CAN HAPPEN W OR W/OUT CAUSE
2
THIRD PARTY WITNESS STATEMENTS ARE TESTIMONIAL IN NATURE WHERE
- PRIMARY PURPOSE IS TO PROVE PAST EVENTS POTENTIALLY RELEVANT TO CRIMINAL PROSECUTION
- MADE WHEN CIRCUMSTANCES INDICATE NO ONGOING EMERGENCY
2
IN CA, CONTRACT CHOICE OF LAW PROVISIONS APPLIED WHERE
- LAWS ARE REASONABLE
- LAWS DON’T CONFLICT WITH CA PUBLIC POLICY
4
CONSTRUCTIVE EVICTION REQUIREMENTS
- PREMISES VIRTUALLY UNINHABITABLE BECAUSE OF SUBSTANTIAL INTERFERENCE WITH PROPERTY USE AND ENJOYMENT
- TENANT MUST NOTIFY LANDLORD
- LANDLORD MUST FAIL TO RESPOND
- TENANT MUST MOVE OUT W/IN REASONABLE TIME
3
TRANSMUTATION OF A COMMUNITY ASSETS PRE 1985 COULD OCCUR BY THESE METHODS OF COMMUNICATING INTENT
- ORAL
- WRITTEN
- INFERRED BY SPOUSE’S CONDUCT
3
RIGHTS OF GENERAL PARTNERS IN LP’S
- DISTRIBUTIONS BASED ON CONTRIBUTIONS
- CONSENT TO WAIVE OTHER PARTNER’S CONTRIBUTIONS
- RIGHT TO MANAGE
2
CONDITION CONCURRENT
- CONDITION MUST BE SATISFIED AT THE SAME TIME A PERFORMANCE DUTY RIPENS
- ESSENTIALLY NECESSITATING SIMULTANEOUS PERFORMANCE.
3
DEBT - STEPS FOR SHIELDING NON-DEBTOR SPOUSE’S EARNINGS
- EARNINGS DEPOSITED INTO DEPOSIT ACCOUNT
- FROM WHICH DEBTOR SPOUSE CANNOT WITHDRAW FUNDS
- AND COMMUNITY (OR DEBTOR SPOUSE’S) FUNDS ARE NEVER COMMINGLED
5
WHAT TYPES OF INTERESTS CREATE A CONFLICT WHERE LAWYER NOT ACCEPT OR CONTINUE REPRESENTATION OF A CLIENT?
- LEGAL
- BUSINESS
- FINANCIAL
- PROFESSIONAL
- PERSONAL
2
THE COURT CAN TAKE JUDICIAL NOTICE OF FACTS NOT SUBJECT TO REASONABLE DISPUTE WHERE
- CAPABLE OF ACCURATE AND READY DETERIMINATION
- BY A SOURCE WHOSE ACCURACY CANNOT BE REASONABLY QUESTIONED.
- OR FACTS ARE GENERALLY KNOWN WITHIN THE JURSIDICTION
2
OBJECTION - MISLEADING IS USED WHERE A QUESTION
- MISTATES EVIDENCE
- OR MISQUOTES WITNESSES
3
CONSEQUENTIAL DAMAGES
- LOSSES RESULTING FROM THE BREACH
- THAT ANY REASONABLE PERSON COULD HAVE FORESEEN
- AT THE TIME OF ENTRY INTO THE CONTRACT
3
COMMINGLED FUNDS, TRANSMUTATION
AND TRACING
- WHERE SPOUSE ADVOCATING SEPERATE PROPERTY
- CAN TRACE SP PORTION OF FUNDS IN CP BANK ACCOUNT
- NO TRANSMUTING OF SP FUNDS TO CP
1
EIGHT AMENDMENT - CRUEL AND UNUSUAL PUNISHMENT DEFINITION
- PENALTY CANNOT BE GROSSLY DISPROPORTIONATE TO THE CRIME.
2
SPECIFIC PERFORMANCE
- A PERMANENT INJUNCTION
- WHEREIN COURT ORDERS PERFORMANCE OF A CONTRACT PROMISE
6
TYPES OF FUNDAMENTAL STRUCTURE CHANGES TO CORPORATION REQUIRING SHAREHOLDER APPROVAL
- AMENDMENT TO AOI
- MERGER
- CONSOLIDATION
- CONVERSION
- DISPOSITION (SALE OF ALL OR NEARLY ALL OF CORP ASSETS)
- DISSOLUTION
1
FOR FEDERAL QUESTION JURSIDICTION, THE FEDERAL QUESTION AT ISSUE MUST APPEAR ON THIS PART OF PLAINTIFF’S INITIAL FILINGS
- ON THE FACE OF PLAINTIFF’S WELL-PLEADED COMPLAINT.
1
COMMON LAW DUTY TO LICENSEES
- DUTY TO WARN OF KNOWN DANGERS AND ARTIFICIAL CONDITIONS
1
CONGRESS MAY ONLY REGULATE PRIVATE ACTION UNDER
- THE THIRTEENTH AMENDMENT.
1
PUBLIC RECORDS EXCEPTION BETWEEN FRE AND CEC
- PROSECUTION MAY USE RECORDS OF CRIMINAL INVESTIGATION
1
FREEDOM OF SPEECH - STANDARD OF REVIEW FOR CONTENT BASED SPEECH REGULATIONS
- STRICT SCRUTINY
2
FRE - ON CROSS-EXAMINATION, TO REBUT CHARACTER EVIDENCE, THE PROSECUTION MAY _______ ABOUT SPECIFIC BAD ACTS, BUT NEVER OFFER ________ EVIDENCE ABOUT THE SAME.
- ASK QUESTIONS
- EXTRINSIC
1
MODERN TREATMENT OF CONTINGENT REMAINDERS IF REMAINDER IS STILL CONTINGENT UPON TERMINATION OF PRECEDING ESTATE
- REMAINDER IS CONVERTED TO A SPRINGING EXECUTORY INTEREST
4
REIMBURSEMENT RIGHTS FOR SPOUSE A’S CONTRIBUTIONS OF SEPARATE PROPERTY TO SPOUSE B’S SEPARATE PROPERTY
- WHERE TRACEABLE
- WITHOUT INTEREST
- UNLESS WRITTEN WAIVER OF REIMBURSEMENT
- OR WRITTEN TRANSMUTATION
4
PERIODIC TENANCY IS CREATED BY IMPLICATION WHERE LEASE
- IS HELD OVER (HOLDOVER TENANCY)
- HAS NO STATED END DATE
- HAS AN ORAL TERM OF YEARS VIOLATING STATUTE OF FRAUDS
- DOES NOT EXIST BUT PAYMENT OF REGULAR RENT
2
MBE - REQUIREMENT FOR ADMISSIBLITY OF EVIDENCE GATHERED AT CHECKPOINT FOR CAR STOPS
- EVERY CAR MUST BE STOPPED AND CHECKED
- RANDOM SEARCHES WILL MAKE EVIDENCE INADMISSIBLE
3
RULE AGAINST PERPETUTIES APPLIES TO (IN PROPERTY LAW)
- CONTINGENT REMAINDERS
- EXECUTORY INTERESTS
- OPTIONS IN GROSS
1
EXCLUSIONARY RULE
- BARS PROSECUTION FROM INTRODUCTING EVIDENCE VIOLATING DEFENDANT’S 4TH, 5TH OR 6TH AMENDMENT RIGHTS.
3
RELATION BACK DOCTRINE - AMENDMENT TO ADD DEFENDANT ALLOWED WHERE
- STATUTE ALLOWS
- THE NEW PARTY KNEW, OR REASONABLY SHOULD HAVE KNOWN, THAT BUT FOR A MISTAKE, SHE WOULD HAVE BEEN ADDED TO THE COMPLAINT.
- NEW PARTY WAS INVOLVED IN SAME TRANSACTION, OCCURENCE OR CONDUCT ALLEGED IN COMPLAINT.
3
“OF SOUND MIND” - TESTATOR NOT COMPETENT WHERE
- SUFFERS FROM MENTAL DISORDER
- CAUSING HALLUCINATIONS OR DELUSIONS
- MOTIVATING DEVISES THAT TESTATOR WOULD NOT HAVE MADE WITHOUT THE HALLUCINATIONS OR DELUSIONS
2
MBE - COMMON LAW MALICE FOR ARSON
- DEFENDANT ACTED WITH INTENT OR KNOWLEDGE THAT THE STRUCTURE WOULD BURN
- OR RECKLESS DISREGARD OF AN OBVIOUS RISK THAT THE STRUCTURE WOULD BURN
2
WHEN TO USE EQUITABLE LIEN
- WHEN VALUE OF WRONGFULLY TAKEN PROPERTY GOES DOWN
- WHEN FUNDS ARE COMMINGLED
2
BUSINESS VALUE APPRECIATION AFTER SEPARATION - WHEN TO USE REVERSE PEREIRA
- COMMUNITY PROVIDED INITIAL INVESTMENT FOR BUSINESS
- APPRECIATION OF BUSINESS DUE TO SPOUSE’S LABOR
1
PROOF REQUIREMENT FOR DEFAMATORY STATEMENT ABOUT A MATTER OF PUBLIC CONCERN/PRIVATE INDIVIDUAL
- DEFENDANT FAILED TO USE REASONABLE CARE TO ASCERTAIN THE TRUTH OF THE STATEMENT
3
LLC - LIMITED LIABILITY COMPANY
- A BUSINESS ENTITY
- WITH THE LIMITED LIABILITY OF A CORPORATION
- AND THE TAX ADVANTAGES OF A PARTNERSHIP
2
EASEMENTS - MAINTENANCE AND REPAIR DUTIES
- SERVIENT ESTATE - NO DUTIES TO REPAIR OR MAINTAIN
- DOMINANT ESTATE - IMPLIED RIGHT TO MAINTAIN AND REPAIR
3
DELEGATION
- A TRANSFER OF CONTRACTUAL DUTIES
- MADE BY A CLEAR STATEMENT OF DELEGATOR’S INTENT TO TRANSFER CONTRACTUAL DUTIES TO DELEGATEE
- AND DELEGATEE AGREES.
5
UNDER THE PARAMOUNT CORPORATIONS RULE, A DIRECTOR MAY RESIST
- TENDER OFFERS
- PROXY FIGHTS
- AND OTHER TAKEOVER THREATS
- WHERE THEY THREATEN CORPORATE STRATEGY
3
PROCEDURAL DUE PROCESS - DEPRIVATION OF PROPERTY OCCURS WHERE GOVERNMENT ACTION
- RECKLESSLY OR INTENTIONALLY CAUSED
- LOSS OF ENTITLEMENT
- OR REASONABLE EXPECTATION TO CONTINUED PROPERTY BENEFIT
2
FIFTH AMENDMENT - INDENTIFICATIONS CANNOT BE
- UNNECESSARILY SUGGESTIVE
- OR CONDUCIVE TO MISTAKEN IDENTITY.
1
CORPORATION PRINCIPAL PLACE OF BUSINESS - NERVE CENTER TEST
- THE LOCATION WHERE CORPORATE OFFICERS CONTROL AND COORDINATE THE CORPORATION’S ACTIVITIES
3
AGENCY RELATIONSHIP DEFINITION
- A BUSINESS RELATIONSHIP
- WHERE ONE PARTY, AN AGENT, AGREES TO ACT FOR
- AND IS AUTHORIZED TO ACT BY ANOTHER PARTY, THE PRINCIPAL.
3
ADDITUR ELEMENTS
- JUDGE FINDS DAMAGE AWARD INSUFFICIENT
- ORDERS NEW TRIAL FOR PLAINTIFF UNLESS DEFENDANT AGREES TO ADD TO DAMAGES OWED TO PLAINTIFF
- ONLY IN CA
3
INDICATORS OF INTENT TO OPERATE
AS CO-OWNERS OF BUSINESS FOR PROFIT
- COMMON OWNERSHIP OF ASSETS
- DESIGNATING RELATIONSHIP AS PARTNERSHIP
- EXTENSIVE JOINT EFFORTS
3
CALIFORNIA TRANSFER OF VENUE STANDARD
- TRANSFER OCCURS AT JUDGE’S DISCRETION
- WHERE INTERESTS OF JUSTICE AND
- CONVENIENCE OF PARTIES ARE SERVED BY TRANSFER.
5
VALID WILL - WITNESS REQUIREMENTS
- TWO PEOPLE
- KNOW DOCUMENT IS A WILL
- BOTH PRESENT AT SIGNING OR ACKNOWLEDGEMENT
- UNNECESSARY TO SIGN AT SAME TIME
- UNNECESSARY TO SIGN IN EACH OTHER’S PRESENCE
1
ASSIGNMENT OF LEASE DEFINITION
- ASSIGNMENT OF LEASE IS A TRANSFER OF THE ENTIRE INTEREST REMAINING ON THE LEASE TERM.
5
TERRY STOP OCCURS WHEN
- STOP AND FRISK WITH
- REASONABLE SUSPICION
- THAT SUSPECT IS ENGAGED IN
- OR ABOUT TO COMMIT CRIMINAL ACTIVITY
- AND IS ARMED AND DANGEROUS
1
REMEDY OF A NONBREACHING LOST VOLUME SELLER UNDER THE UCC
- THE LOST VOLUME SELLER MAY DEMAND THE EXPECTED SALES AND PROFIT UNDER THE CONTRACT.
2
ROUTINE STOP - STOP AND FRISK OK WHERE
- REASONABLE SUSPICION OF CRIMINAL ACTIVITY OR INVOLVEMENT
- SUPPORTED BY ARTICULABLE FACTS
2
DEFENDANT LOSES QUALIFIED PRIVILEGE FOR DEFAMATION DEFENSE WHERE
- HE ACTS WITH MALICE
- OR OUTSIDE THE SCOPE OF PRIVILEGE
8
TRUSTEE DEFINITION (SIAM)
- HOLDS LEGAL TITLE TO SPECIFIC PROPERTY
- UNDER A FIDUCIARY DUTY TO
- SAFEGUARD
- ADMINISTER
- INVEST
- MANAGE
- TRUST ASSETS AND INCOME
- FOR THE BENEFIT OF DESIGNATED BENEFICIARIES
2
CHARACTER EVIDENCE - FRE ALLOWS CHARACTER EVIDENCE IN CIVIL CASES OF
- SEXUAL ASSAULT
- CHILD MOLESTATION
2
CA TIME LIMITS TO FILE NOTICE OF APPEAL
- 60 DAYS AFTER NOTICE OF ENTRY OF JDUGMENT OR
- 180 DAYS AFTER ENTRY OF JUDGMENT
2
OBJECTION - BROAD, GENERAL, INDEFINITE IS USED WHERE QUESTION PERMITS THE WITNESS TO ANSWER WITH A TESTIMONY THAT IS
- IRRELEVANT
- INADMISSIBLE
4
EXCEPTIONS TO PRECATORY EXPRESSIONS NOT CREATING A TRUST
1) WHERE THEY GIVE PRECISE AND DEFINITE EXPRESSIONS
2) WHERE THEY ARE ADDRESSED TO A FIDUCIARY
3) AN UNNATURAL DISPOSITION OF PROPERTY WOULD OTHERWISE RESULT
4) EXTRINSIC EVIDENCE THAT SETTLOR PREVIOUSLY SUPPORTED THE INTENDED BENEFICIARY
1
IMPLIED MATERIAL CONDITION
- MATERIAL CONDITION IMPLIED BY THE NATURE OF THE AGREEMENT.
1
TRANSFERABLITY OF FEE SUBJECT TO CONDITION SUBSEQUENT
- ALIENABLE, DESCENDABLE AND DEVISABLE, SUBJECT TO CONDITION
1
MBE MISSED - WHERE A LAW IMPACTS A FIRST AMENDMENT RIGHT, THE BURDEN OF PROOF IS ON
- THE GOVERNMENT
3
FORGERY IS THE CRIME OF
- FALSIFYING DOCUMENTS
- WITH THE SPECIFIC INTENT TO DEFRAUD
- THOSE WHO REASONABLY RELY ON THE VERACITY OF THE SAME.
1
ATTORNEY’S DUTY TO COMMUNICATE SETTLEMENT OFFERS
- L MUST CONVEY ALL OFFERS TO ALL CLIENTS
3
MARKET DIRECTORY HEARSAY EXCEPTION
- MARKET QUOTATIONS, DIRECTORIES AND OTHER PUBLIC COMPILIATIONS
- RELIED UPON BY THE PUBLIC OR PARTICULAR OCCUPATIONS
- ARE ADMISSIBLE WHERE PROPONENT SHOWS RELIABILITY.
1
REPLEVIN
- RECOVERY, BEFORE TRIAL, OF A SPECIFIC CHATTEL WRONGLY TAKEN
3
ELEMENTS OF FRAUD FOR 10b-5 - OMMISSION
- OMMITTING MATERIAL FACT
- PROPMPTING TRADE OF SECURITY
- THROUGH INTERSTATE COMMERCE
2
STATE OF MIND EXCEPTION TO HEARSAY RULE
- STATE OF DECLARAN’TS THEN EXISTING STATE OF MIND
- DESCRIBES EMOTION, SENSATION OR PHYSICAL CONDITION
1
STRICT LIABILITY FOR EXCAVATION
- STRICT LIABILITY ARISES WHERE PLAINTIFF CAN SHOW HER LAND WOULD HAVE COLLAPSED IN ITS NATURAL STATE DUE TO THE EXCAVATION.
3
LEMON TEST (SEX) - A LAW MUST HAVE
- A SECULAR PURPOSE
- A PRIMARY EFFECT THAT DOESN’T PROMOTE OR INHIBIT RELIGION
- NO EXCESSIVE ENTANGLEMENT OF GOVT WITH RELIGION
3
PART PERFORMANCE EXCEPTIONS TO
SOF LAND CONTRACT REQUIREMENTS - BUYER
- MAKES FULL OR PARTIAL PAYMENT
- GAINS POSSESSION OF LAND
- AND/OR SUBSTANTIAL IMPROVEMENTS TO PROPERTY
2
PREDISPOSED DEFENDANT’S ABLITY TO RAISE DEFENSE OF ENTRAPMENT - JURISDICTIONAL SPLIT
- IN SOME JURISDICTIONS, A DEFENDANT PREDISPOSED TO COMMIT THE CRIME CHARGED CANNOT CLAIM THE DEFENSE OF ENTRAPMENT
- OTHER JURISDICTIONS ALLLOW A PREDISPOSED DEFENDANT TO USE DEFENSE OF ENTRAPMENT WHERE POLICE CONDUCT WAS OUTRAGEOUS AND INSTIGATED THE CRIME.
2
ADMISSIBILITY OF RECORD USED IN RECORDED RECOLLECTION EXCEPTION
- READ INTO THE RECORD
- ADMITTED AS EXHIBIT IF OFFERED BY ADVERSE PARTY.
4
SPECIAL CLASSIFICATIONS - EDUCATION - REIMBURSEMENT REDUCED WHERE
- COMMUNITY ALREADY BENEFITTED FROM EDUCATIONS
- BENEFIT PRESUMED AFTER 10 YEARS
- COMMUNITY ALSO CONTRIBUTED TOWARD EDUCATION OF OTHER SPOUSE
- NEED FOR SPOUSAL SUPPORT OF EDUCATED SPOUSE REDUCED
2
CONGRESSIONAL POWERS - NATURALIZATION AND BANKRUPTCY
- CONGRESS MAKES LAWS AFFECTING BANKRUPTCY
- CONGRESS MAKES LAWS AFFECTING NATURALIZATION OF CITIZENS
3
WHO OR WHAT DOES HEARSAY COMES FROM?
- SOMEONE OR SOMETHING OUT OF COURT
- OTHER THAN THE WITNESS TESTIFYING
- MAKING A STATEMENT OR DECLARATION
4
MBE - LEARNED TREATISES MAY BE READ INTO EVIDENCE WHERE
- EXPERT WITNESS RELIES ON IT ON DIRECT EXAMINATION
- OR ITS CALLED TO EXPERT’S ATTENTION ON X-EXAMINATION
- OR ITS ESTABLISHED AS RELIABLE BY WITNESS’ OR OTHER EXPERT WITNESS’ TESTIMONY, ADMISSION
- OR JUDICIAL NOTICE
2
CAN TRACING OVERCOME JOINT TITLE?
- TRACING CAN’T OVERCOME CP PRESUMPTION FOR TITLE TAKEN JOINTLY
- TRACING CAN OVERCOME CP PRESUMPTION ON A BANK ACCOUNT BECAUSE PROBATE CODE HONORS TRACING
2
LIABILITY OF OLD TENANT FOR ASSIGNED LEASE
- OLD TENANT IS STILL LIABLE TO LANDLORD FOR PAYMENT OF RENT BECAUSE OF PRIVITY OF CONTRACT.
- UNLESS LANDLORD SIGNS A NOVATION.
1
IMPLIED EQUITABLE SERVITUDE - NOTICE REQUIREMENTS
- GRANTEE MUST HAVE NOTICE “GENERALLY”
1
PAROL EVIDENCE RULE
- EVIDENCE OF PRIOR AGREMEENT MAY NOT BE INTRODUCED TO VARY OR CONTRADICT THE TERMS OF A FULLY INTEGRATED CONTRACT.
3
WILLS - CLASS GIFTS OCCUR WHEN TESTATOR BEQUEATHS PROPERTY TO
- A GROUP OF PEOPLE NOT INDIVIDUALLY NAMED
- BUT IDENTITY OF GROUP EASILY ASCERTAINABLE
- SATISFYING IDENTIFICATION OF BENEFICIARY REQUIREMENT
2
ORAL EASEMENTS CREATE
- A LICENSE
- RISK OF CREATING AN EASEMENT BY ESTOPPEL WHEN LICENSEE RELIES ON REPRESENTATION.
2
MBE MISSED - UCC 2-210, FOR REQUIREMENTS/OUTPUT CONTRACTS - NO ASSIGNMENT CLAUSES IN CONTRACTS PREVENT ONLY
- DELEGATIONS OF DUTIES
- NOT ASSIGNMENTS OF RIGHTS
1
ROUTINE STOP - PATDOWNS MAY NOT INCLUDE
- SEARCH FOR CONTRABAND OR EVIDENCE
4
REVLON RULE
- DIRECTORS CONFRONTED WITH TAKEOVER THREATS
- HAVE A DUTY TO MAXIMIZE SHAREHOLDER RETURN
- ONCE IT BECOMES OBVIOUS
- CORPORATE TAKEOVER IS INEVITABLE
2
EASEMENT BY NECESSITY - SERVIENT PARCEL’S RIGHTS FOR EASEMENT LOCATION
- SERVIENT ESTATE HOLDER HAS RIGHT TO LOCATE EASEMENT FOR THE REASONABLE CONVENIENCE OF PARTIES.
4
MIRANDA - INVOCATION OF COUNSEL AND INTERROGATION - ONCE SUSPECT INVOKES RIGHT TO COUNSEL, POLICE MUST
- MUST CEASE ALL INTERROGATION
- UNTIL SUSPECT CONSULTS COUNSEL
- AND CANNOT RESUME INTERROGATION
- UNTIL COUNSEL IS PRESENT.
3
REVOCATION OF UNILATERAL OFFER
- AT COMMON LAW, A UNILATERAL OFFER COULD BE REVOED AT ANY TIME WHEN MADE IN THE SAME MANNER THE OFFER WAS GIVEN
- MODERNLY, SAVING DOCTRINES PREVENT REVOCATION AFTER OFFEREE HAS SUBSTANTIALLY COMMENCED PERFORMANCE
- ALLOWING A REASONABLE TIME FOR OFFEREE TO COMPLETE PERFORMANCE
3
CITIZENSHIP FOR CORPORATIONS
- CORPORATIONS CAN BE CITIZENS OF TWO STATES
- THEY ARE CITIZENS IN THE STATE WHERE INCORPORATED
- THEY ARE CITIZENS IN THE STATE WHERE THEIR PRINCIPAL PLACE OF BUSINESS IS LOCATED.
2
FROLIC V. DETOUR
- FROLIC INVOLVES AGENT DEVIATING FROM INTENDED CONDUCT SO SUBSTANTIALLY THAT SHE IS ACTING FOR HER OWN PURPOSES. AGENT IS LIABLE FOR HER ACTS.
- DETOUR IS A SMALL DEVIATION FROM INTENDED CONDUCT. PRINCIPAL IS LIABLE FOR AGENT’S ACTS.
3
RECISSION
- PUTS THE PARTIES BACK IN THE POSITION THEY WERE IN BEFORE THE CONTRACT WAS MADE.
- LEGAL RECISSION OCCURS WHEN BOTH PARTIES AGREE TO VOID CONTRACT
- EQUITABLE RECISSION OCCURS WHEN THE COURT DECREES THE CONTRACT CANCELLED
2
LICENSE
- RIGHT TO USE LICENSOR’S LAND FOR A SPECIFIC PURPOSE
- LICENSOR MAY REVOKE AT WILL
1
WAIVER OF COMPETENCY
- COMPETENCY CANNOT BE WAIVED BY ANY CLIENT UNDER ANY CIRCUMSTANCES
2
SILA SEARCH - PROTECTIVE SWEEP - WHEN THE SUSPECT IS ARRESTED AT HOME - POLICE MAY SEARCH
- SPACES ADJOINING THE PLACE OF ARREST
- ANYWHERE ARTICULABLE SUSPICION OF DANGER EXISTS WITH SPACES SWEPT
4
WHO IS A CORPORATE INSIDER?
- DIRECTOR
- OFFICER
- SHAREHOLDER
- ANY OTHER HOLDER OF MATERIAL, NONPUBLIC COPRORATE INFORMATION
2
PUTATIVE SPOUSE’S PROPERTY IS TREATED AS
- QUASI-MARITAL PROPERTY
- QMP IS TREATED LIKE COMMUNITY PROPERTY
3
FEE TAIL
- PASSES AUTOMATICALLY TO LINEAL DESCENDANTS OF HEIR
- LASTS AS LONG AS LINEAL DESCENDANTS EXIST
- MODERNLY, VIRTUALLY ABOLISHED.
3
REQUIREMENTS FOR REFORMATION
- VALID CONTRACT MUST EXIST
- GROUNDS MUST EXIST
- NO AVAILABLE DEFENSES
5
JUDICIAL POWERS - FEDERAL COURTS HAVE POWER TO REVIEW CASES
- BETWEEN TWO STATES
- BETWEEN CITIZENS OF DIFFERENT STATES
- BETWEEN STATES AND FOREIGN ENTITIES
- INVOLVING ADMIRALTY
- INVOLVING FEDERAL LAWS OR U.S. CONSTITUTION
3
EXTRA FACTORS INFLUENCING FEASIBLITY OF ENFORCEMENT DECISIONS ON PERMANENT INJUNCTIONS - INJUNCTION INVOVLES
- A SERIES OF ACTS INSTEAD OF ONE ACT
- TASTE OR SUBJECTIVE JUDGMENT TO MEASURE PEFORMANCE
- JURISIDICTIONAL ISSUES AFFECTING ENFORCEMENT
2
CAN TRACING OVERCOME JOINT TITLE?
- TRACING CAN’T OVERCOME CP PRESUMPTION FOR TITLE TAKEN JOINTLY
- TRACING CAN OVERCOME CP PRESUMPTION ON A BANK ACCOUNT BECAUSE PROBATE CODE HONORS TRACING
2
ALTERNATIVE METHOD (INSTEAD OF VOTING) OF SHAREHOLDER APPROVAL FOR FUNDAMENTAL CORPORATE OR BOARD CHANGES - CONSENT MAY BE
- WRITTEN AND
- UNANIMOUS
2
FORUM SHOPPING DETERRENCE TEST
- WILL FAILURE TO FOLLOW STATE LAW CAUSE LITIGANTS TO FLOCK TO FEDERAL COURT?
- IF SO, STATE LAW MUST BE APPLIED.
4
STEPS FOR PRINCIPAL RATIFYING
AGENT’S UNAUTHORIZED ACTS - PRINCIPAL
- HAS CAPACITY
- HAS KNOWLEDGE OF ACTS
- ENGAGES IN CONDUCT APPROVING ACTS
- OR ACCEPTS THE TRANSACTION
4
REQUIREMENTS FOR FINDING CONSEQUENTIAL DAMAGES
- DAMAGES CLEARLY CONTEMPLATED AT CONTRACT’S FORMATION
- CLEARLY UNAVOIDABLE BY THE PLAINTIFF
- CERTAIN IN AMOUNT
- CAUSED BY THE BREACH
5
FOR A COURT TO HEAR A CASE - IT MUST
- HAVE JURISDICTION OVER THE PARTIES IN THE CASE
- HAVE JURISDICTION OVER THE SUBJECT MATTER OF THE CASE
- BE THE PROPER VENUE FOR THE CASE
- USE THE PROPER LAW FOR THE CASE
- THE DEFENDANT MUST HAVE NOTICE OF THE CASE
4
MBE MISSED - RECOVERY FOR WITNESSES OF NEGLIGENT INJURY MUST BE
- CLOSELY RELATED TO VICTIM
- PRESENT AT SCENE OF INJURY
- AWARE VICTIM WAS BEING INJURED
- SUFFERED SERIOUS EMOTIONAL DISTRESS FROM PRESENCE
2
ADVERSE POSSESSION - OUSTER REQUIREMENT FOR HOSTILE POSSESSION OF CONCURRENTLY OWNED PROPERTY
- CO-TENTANT MUST CLAIM EXCLUSIVE RIGHT
- CO-TENANT MUST REFUSE ENTRY TO OTHER CO-TENANT
1
WATER RIGHTS - REASONABLE USE DOCTRINE
- OWNER MAY USE WATER IN A REASONABLE MANNER.
4
SPECIAL CLASSIFICATIONS - PENSION PLANS - ELEMENTS OF RESERVATION OF JURISDICTION APPROACH
- COURT RESERVES JURISDICTION
- AT RETIREMENT APPORTIONS SHARES
- NON-EMPLOYED SPOUSE CAN ELECT TO RECEIVE SHARE AT THE EARLIEST TIME EMPLOYED SPOUSE COULD RETIRE
2
POUR OVER WILL - TESTATOR CREATES BY
- CREATING INTER VIVOS TRUST
- INCORPORATES TRUST INTO WILL BY REFERENCE, INDEPENDENT SIGNATURE OR STATUTE
2
CA RULES AGAINST SEXUAL RELATIONSHIP WITH CLIENT
- CANNOT REPRESENT IF SEXUAL RELATIONSHIP IMPAIRS REPRESENTATION
- CANNOT USE UNDUE INFLUENCE TO GAIN SEXUAL RELATIONS
3
CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - FACIALLY DISCRIMINATORY STATE LAW UPHELD WHERE
- IT FURTHERS AN IMPORTANT NON ECONOMIC INTEREST AND
- THERE ARE NO LESS DISCRIMINATORY ALTERNATIVES AVAILABLE
- OR THE STATE IS A MARKET PARTICIPANT.
2
MINIMUM CONTACTS - GENERAL JURISDCTION - CONTACTS WITH THE FORUM STATE ARE
- SUFFICIENTLY SYSTEMATIC
- CONTINUOUS
1
FEDERAL COURT - RENEWED JUDGMENT AS A MATTER OF LAW - TIMING REQUIREMENT
- RJMOL MUST BE MADE W/IN 28 DAYS AFTER ENTRY OF JUDGMENT.
1
OUTCOME DETERMINATIVE TEST
- AN ISSUE THAT WILL CHANGE OR DIRECTLY AFFECT THE CASE’S OUTCOME IS SUBSTANTIVE
4
ELEMENTS OF A SECTION 10(b)-5 VIOLATION CHARGING INSIDER TRADING
- INSIDER WITH POSSESSION OF CORPORATE MATERIAL NONPUBLIC INFORMATION
- BREACHES DUTY OF TRUST TO SOURCE OF MNI
- WHEN HE TRADES A CORPORATE SECURITY
- BASED ON MNI
- VIA INTERSTATE COMMERCE
3
SUBSTANTIVE DUE PROCESS - NON FUNDAMENTAL RIGHTS ARE INVOLVED WHERE REGULATIONS AFFECT
- SOCIAL WELFARE
- ECONOMIC WELFARE
- NON-FUNDAMENTAL PERSONAL RIGHTS
2
REQUIREMENTS OF ZEALOUS ADVOCACY W/IN THE BOUNDS OF LAW - LAWYER CANNOT ADVISE A CLIENT TO
- VIOLATE LAW
- FILE A FRIVILOUS LAWSUIT
3
CATEGORIES OF TRUSTS
- EXPRESS
- RESULTING
- CONSTRUCTIVE
3
SPECIAL CLASSIFICATIONS - BUSINESS GOODWILL IN A PROFESSIONAL PRACTICE - THE EXCESS EARNINGS FORMULA
- SPOUSE’S ANNUAL NET EARNINGS
- SUBTRACT ANNUAL EARNINGS OF SIMILARLY SITUATED PROFESSIONAL
- THE DIFFERENCE IS CAPTILIZED OVER TIME PERIOD OF MARRIAGE
1
MBE MISSED - REVERTERS ARE NOT SUBJECT TO
- THE RULE OF PERPETUITIES
1
UCC - WAIVER OF CONDITION CREATED BY NO WRITING FOR A MODIFICATION TO A CONTRACT FOR THE SALE OF GOODS OVER $500 CAN BE RETRACTED BY PROMISEE BY
- PROMISEE’S REASONABLE NOTICE TO THE PROMISOR THAT STRICT PERFORMANCE OF THE WAIVED CONDITION WILL BE REQUIRED.
2
IMPLIED WARRANTY OF HABITIABILITY
- IMPLIED IN EVERY RESIDENTIAL LEASE
- THE PREMISES MUST BE FIT FOR HUMAN HABITATION
1
QUORUM OF SHAREHOLDERS
- MAJORITY PERCENTAGE OF OUTSTANDING SHARES REPRESENTED
2
DEFENSE OF DURESS (CONTRACTS)
- WHERE DEFENDANT ENTERED CONTRACT DU TO THREAT OF HARM
- OR WHERE DELIBERATE ACTS WHERE PERFORMED TO CREATE THE THREAT OF ECONOMIC HARM.
4
REQUIREMENTS FOR RES JUDICATA/CLAIM PRECLUSION
FAPS
- FINAL JUDGMENT ON THE MERITS
- CLAIM WAS ACTUALLY OR COULD HAVE BEEN LITIGATED
- SAME PARTIES OR PRIVIES TO THE LITIGATION
- BOTH CASES ASSERT THE SAME CLAIM
1
SPOUSE OWNERSHIP AND DISPOSITION - PERSONAL PROPERTY
- BELONGS EQUALLY TO EACH SPOUSE
2
FINAL JUDGMENT ON THE MERITS OCCURS WHEN
- FED- WHEN JUDGMENT IS RENDERED
- CA - WHEN APPEALS HAVE CONCLUDED
3
RIGHTS OF OFFICERS AND DIRECTORS
- FAIR COMPENSATION DETERMINED BY BOARD
- INDEMNIFICATION FROM EXPENSES INCURRED ON BEHALF OF CORP
- INSPECTION OF RECORDS OR FACILITIES (REASONABLE NOTICE)
2
SOLICITATION LETTERS MUST NOT CONTAIN
- GUARANTEES OF CASE SUCCESS
- CLAIMS OF SPECIAL EXPERTISE UNLESS ATTORNEY CERTIFIED BY RELEVANT STATE AUTHORITIES
2
MBE MISSED - RESTRICTIVE COVENANT IS ENFORCEABLE AGAINST SUBSEQUENT PURCHASERS WHERE SUBSEQUENT PURCHASERS HAVE
- ACTUAL NOTICE OR
- CONSTRUCTIVE NOTICE OF RESTRICTIVE COVENANT
3
MBE MISSED - ROBBERY - AFTER PROPERTY TAKEN, USE OF FORCE OR THREAT OF FORCE REQUIREMENT ONLY SATISFIED WHERE
- IMMEDIATELY AFTER TAKING
- DEFENDANT USES FORCE TO STOP VICTIM FROM CATCHING HIM
- OR RETAKING PROPERTY
6
COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -
PEREIRA FORMULA (PSP)
- START WITH ORIGINAL SP INVESTMENT
- MULTIPLY BY FAIR RATE OF RETURN (10 PERCENT)
- MULTIPLY THIS NUMBER BY THE NUMBER OF YEARS THE INVESTMENT HELD WHILE MARRIED
- ADD THIS NUMBER TO ORIGINAL SP INVESTMENT
- RESULT IS SEPARATE PROPERTY
- SUBTRACT RESULT FROM VALUE OF BUSINESS AT DISSOLUTION AND THIS RESULT IS COMMUNITY PROPERTY
1
TENANCY AT SUFFERANCE IS CREATED WHEN
- TENANT WRONGFULLY HOLDS OVER PAST EXPIRATION OF A VALID LEASE
1
MAILBOX RULE REJECTION
- REJECTION IS EFFECTIVE UPON RECEIPT
4
INSIDER FOR 10b-5
- DIRECTOR
- OFFICER
- SHAREHOLDER
- HOLDER OF MATERIAL NONPUBLIC CORPORATE INFORMATION
2
THE COMMUNITY IS LIABLE FOR DEBTS INCURRED
- DURING THE MARRIAGE BY EITHER SPOUSE
- DEBTS INCURRED BEFORE MARRIAGE BY EITHER SPOUSE
1
COLLATERAL SOURCE RULE
- PLAINTIFF’S DAMAGES ARE NOT REDUCED BY AMOUNT OF BENEFITS PAID BY OTHER SOURCES
2
BURDEN ON DEFENDANT FOR INCONVIENT FORUM FACTORS - DEFENDANT MUST PROVE A BURDEN OF
- TRAVEL
- TRANSPORT OF WITNESSES AND EVIDENCE
2
ALL OR PART OF WILL BE REVOKED BY A SUBSEQUENT WILL WHERE
- THE SUBSEQUENT WILL EXPRESSLY REVOKES ALL OR PART OF THE PREVIOUS WILL
- THE SUBSEQUENT WILL IMPLIEDLY REVOKES ALL OR PART OF PREVIOUS WILL THROUGH INCONSISTENCIES
6
UNDER THE BEST EVIDENCE RULES, ORIGINAL DOCUMENTS DO NOT NEED TO BE ADMITTED WHERE THEY HAVE BEEN
- LOST OR DESTROYED
- OFFERED FOR INSPECTION
- OUT OF JURISDICTION
- VOLUMINOUS
- IN CONTROL OF THE OTHER PARTY
- KEPT IN THE REGULAR COURSE OF BUSINESS
3
120 HOUR RULE
- HEIR MUST SURVIVE DECEDENT BY 120 HOURS
- OR HEIR DETERMINED TO PREDECEASE DECEDENT
- ESTATE WILL ESCHEAT TO STATE
3
PARTNERSHIP - CONTRACTUAL RELATIONSHIPS WITH THIRD PARTIES AND AGENCY THEORY
- PARTNER’S ABILITY TO BIND THE PARTNERSHP IS BASED ON AGENCY THEORY
- EACH PARTNER IS AN AGENT OF THE PARTNERSHIP
- FOR PURPOSES OF CONDUCTING PARTNERSHIP BUSINESS
3
CA REQUIREMENTS FOR REPORTING KNOWN ATTORNEY MISCONDUCT
- PERMISSIVE IF PAST
- REQUIRED WHERE GOING TO OCCUR
- OR ONGOING
2
MBE MISSED - STRICT LIABILITY CRIMES INVOLVE
- REGULATORY OFFENSES
- OFFENSES SERIOUS POTENTIAL HARM TO PUBLIC
2
MOTION FOR DIRECTED VERDICT OR DEMURRER TO THE EVIDENCE (CA)
- AT TRIAL
- AFTER OPPOSING SIDE HAS PRESENTED ITS CASE
- OTHER SIDE FILES MOTION FOR DIRECTED VERDICT
- ARGUING INSUFFFICIENT EVIDENCE PRESENTED BY OPPOSING SIDE
- TO ALLOW REASONABLE PEOPLE TO AGREE WITH OPPOSING SIDE’S CASE
8
EXECUTIVE POWERS - PRESIDENT CAN
- ISSUE EXECUTIVE ORDERS
- MAKE TREATIES
- REPRESENT U.S. ON FOREIGN POLICY
- APPOINT AMBASSADORS
- VETO BILLS
- APPOINT TOP LEVEL FEDERAL OFFICIALS
- ISSUE PARDONS
- EXERCISE EXECUTIVE PRIVILEGE
1
UNIFORM PRUDENT INVESTOR ACT - MANAGEMENT OF TRUST INVESTMENTS - PRODUCTIVITY OF INVESTMENT IS MEASURED BY
- PORTFOLIO PERFORMANCE AS A WHOLE
4
EXPRESS EASEMENT CREATION
- IN WRITING
- MANIFESTING GRANTOR’S PRESENT INTENT
- IDENTIFICATION OF PARTIES AND AFFECTED LAND
- SIGNED BY GRANTOR
2
MBE MISSED - PROMISSORY ESTOPPEL(DETRIMENTAL RELIANCE) VS. QUASI CONTRACT (PART PERFORMANCE)
- PROMISSORY ESTOPPEL SHOULD ENTITLE PROMISEE TO THE PROMISED BENEFIT VS.
- QUASI CONTRACT WILL AWARD REASONABLE VALUE OF SERVICES
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14TH AMENDMENT EPC EXTENDS BILL OF RIGHTS TO STATES EXCEPT FOR THESE TWO RIGHTS
- EIGHTH AMENDMENT PROTECTION FROM EXCESSIVE BAIL
- FIFTH AMENDMENT GUARANTEE TO GRAND JURY INDICTMENT
2
TRUSTEE - DELEGATION OF DUTIES
- AT COMMON LAW, NO DELEGATION ALLOWED
- MODERNLY, DELEGATION IS ALLOWED WHERE DUE CARE AND SKILL ARE USED TO SELECT AGENTS
2
INTERPLEADER ELEMENTS
- EQUITABLE ACTION WHERE STAKEHOLDER HAS COURT DETERMINE RIVAL CLAIMAINTS RIGHT TO STAKE
- RELIEVING THE STAKEHOLDER OF MULTIPLE LIABILITIES TO CLAIMAINTS
4
DEPENDENT RELATIVE REVOCATION
- TESTATOR REVOKES WILL
- WITH MISTAKEN BELIEF THAT SUBSEQUENT WILL OR CODICIL IS VALID
- SUBSEQUENT WILL OR CODICIL IS INVALID
- COURT WILL FIND FIRST WILL VALID
3
ATTORNEY’S DUTY WHEN ROGUE EMPLOYEE THREATENS A REPRESENTED BUSINESS - CA
- URGE EMPLOYEE TO RECONSIDER WHILE EXPLAINING CONSEQUENCES
- IF NO RESULT, WITHDRAW
- ATTORNEY CAN NEVER REVEAL INFO TO OUTSIDE
3
SHAREHOLDERS’ DUTIES
- AT COMMON LAW, NO DUTY
- MODERNLY, CONTROLLING SHAREHOLDER HAS FIDUCIARY DUTY TO CORP AND
- MINORITY SHAREHOLDERS HAVE DUTY OF CARE AND LOYALTY
2
DEED DEFINITION - A DEED IS A DOCUMENT THAT
- TRANSFERS TITLE OF REAL PROPERTY
- FROM ONE PARTY TO ANOTHER.
3
COMMON LAW TRESPASS WAS THE CRIME OF
- WILLFULLY MAKING AN ENTRY ON TO REAL PROPERTY OR STRUCTURE
- WITHOUT THE PERMISSION OF ITS RIGHTFUL OCCUPIER
- WITH SPECIFIC INTENT TO INTERFERE WITH THE PROPERTY OR DISTURB THE PEACE THEREON.
1
LIBEL/DEFAMATION
- A WRITTEN OR RECORDED FALSE STATEMENT OF MATERIAL FACT PUBLISHED TO A THIRD PARTY
2
TWO DIFFERENT CATEGORIES
OF STATE’S STATUATORY BASES
FOR PERSONAL JURISDICTION
- LONG ARM STATUTES W/MINIMUM CONTACT STANDARD
- SPECIFIC LONG ARM STATUTES
1
SUBJECT MATTER JURISDICTION DEFINITION
- COURT HAS AUTHORITY TO EXERCISE JURISDICTION OVER A PARTICULAR CONTROVERSY
1
IF A SUSPECT ASKS TO HAVE COUNSEL PRESENT AT ANY OTHER TIME THAN AFTER A MIRANDA WARNING, HE IS INVOKING
- HIS SIXTH AMENDMENT RIGHT TO HAVE COUNSEL PRESENT.
1
PRINCIPAL’S LIABILITY FOR AGENT’S TORTS
- WHERE TORTS COMMITTED IN SCOPE OF PRINCIPAL-AGENT RELATIONSHIP
4
REVERSE VAN CAMP FORMULA
- REASONABLE SALARY FOR MANAGER SPOUSE AFTER SEPARATION CALCULATED
- LIVING EXPENSES DEDUCTED
- RESULT IS SEPERATE PROPERTY
- REMAINDER OF BUSINESS VALUE GOES TO COMMUNITY
2
MBE - EXCESSIVE ENTANGLEMENT AND GOVERNMENT GRANTS FOR CONSTRUCTION OF BUILDING TO BE USED AT RELIGIOUS SCHOOLS
- AS LONG AS THE SCHOOLS INVOLVED AREN’T “PERMEATED WITH RELIGION” THE GRANTS DONT INVOLVE EXCESSIVE ENTANGLEMENT
- AND THE DIRECT AID IS NOT TO PRIMARY OR SECONDARY SCHOOLS.
1
TIME CRITERION FOR DIVERSITY FOR SUBJECT MATTER JURISDICTION
- DIVERSITY MUST EXIST AT THE TIME THE CASE IS FILED.
1
HATS GO ON YOUR
HEAD
1
PRESUMPTION OF FRAUD OR UNDUE INFLUENCE BY BENEFICIARY OF DONATIVE TRANSFER REBUTTABLE WHERE
- CLEAR AND CONVINCING EVIDENCE
2
SUPPLEMENTAL JURISDICTION
- COURT HAS JURISDICTION OVER A CLAIM WITH INSUFFICIENT SUBJECT MATTER JURISDICTION
- WHEN IT IS JOINED TO A CLAIM WITH SUFFICIENT SUBJECT MATTER JURISDICTION.
4
LANDLORD/TENANT QUESTION - EXPRESS REAL COVENANT LANGUAGE
- NOTICE
- INTENT
- TOUCH AND CONCERN THE LAND
- PRIVITY
2
COURTS OF LIMITED AND GENERAL SUBJECT MATTER JURISIDICTION
- STATE COURTS - GENERAL SUBJECT MATTER JURISICTION WITH JURISDICTION OVER ANY MATTER NOT W/IN EXCLUSIVE JURISDICTION OF ANOTHER COURT
- FEDERAL COURTS - LIMITED SUBJECT MATTER JURISDICTION WITH JURISDICTION OVER ONLY FEDERAL QUESTION AND DIVERSITY OF CITIZENSHIP CASES.
5
CA - EXCEPTIONS TO ATTORNEY CONFIDENTIALITY REQUIREMENT
- WHERE DEATH OR SERIOUS BODILY HARM IS THREATENED, AFTER ACTING TO DISSUADE CLIENT AND ADVISING THAT INFORMATION CAN BE REVEALED
- PREVENT SUBSTANTIAL FINANCIAL HARM
- WHERE CONSENTED TO TO GET ETHICS ADVICE
- SUIT V. CLIENT TO COLLECT FEES
- WHERE COMPELLED BY COURT OR ETHICS RULES
3
LIABILITY FOR BREACH OF IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE ARISES WHERE DEFENDANT
- IS ANY SELLER OF THE GOODS
- WHO KNOWS OR SHOULD KNOW THE PARTICULAR INTENDED PURPOSE OF THE GOODS
- BUYER RELIES ON SELLER’S SKILLS AND JUDGMENT IN SELECTION OF GOODS.
3
TERMINATION OR MODIFICATION OF EQUITABLE SERVITUDES
- AGREEMENT OF ALL PARTIES IN A SUFFICIENT WRITING
- ABANDONMENT ACTION
- CHANGED CONDITIONS
2
REQUIREMENT FOR LAWYERS WITH BUSINESS INTERESTS ADVERSE TO CLIENT
- ADVISE CLIENT TO SEEK INDEPENDENT COUNSEL
- GET WAIVER FROM CLIENT IN WRITING
3
NOTICE TO TERMINATE TENANCY AT WILL REQUIREMENT - NOTICE MAY BE GIVEN
- AT ANY TIME,
- BY EITHER PARTY.
- MOST JX REQUIRE REASONABLE NOTICE TO VACATE.
2
COURT MAY REQUIRE THE APPOINTMENT OF OF ADVISORY COUNSEL TO A SELF-REPRESENTED DEFENDANT TO
- PROVIDE LEGAL ADVICE AND INFORMATION TO DEFENDANT
- NOT ALLOWED TO MAKE STRATEGIC DECISIONS
3
FOR INTESTATE SUCESSION, ADOPTION SEVERS
- THE RELATIONSHIP BETWEEN PARENT-CHILD
- UNLESS NATURAL PARENT’S SPOUSE ADOPTED CHILD
- AND NATURAL PARENT COHABITATED WITH CHILD
4
STEPS FOR CURING THE CONFLICT OF INTEREST BETWEEN A CONFLICTED BOARD MEMBER AND THE CORPORATION ARISING FROM A SELF-DEALING CONTRACT
- MATERIAL DISCLOSURE MUST BE MADE BY CONFLICTED PARTY
- CONTRACT MUST BE FAIR
- THE CONTRACT CAN BE THEN AUTHORIZED BY DISINTERESTED BOARD MEMBERS
- OR CONTRACT CAN THEN APPROVED BY MAJORITY OF SHAREHOLDERS
2
TRESPASS TO LAND - DAMAGES AWARDED ARE
- ACTUAL DAMAGES CAUSED BY ENTRY
- NOMINAL DAMAGES
2
FIDUCIARY DUTIES OWED BY SPOUSES TO EACH OTHER
- FULL DISCLOSURE OF MATERIAL FACTS
- GOOD FAITH AND FAIR DEALINGS
2
WHERE AN AGENT EXCEEDS ACTUAL AUTHORITY - THE PRINCIPAL WILL BE BOUND TO AGENT’S ACTS WHERE THE AGENT
- ACTS IN WAY AN AGENT IN SUCH A POSITION WOULD NORMALLY BE ALLOWED TO ACT
- WAS PREVIOUSLY ALLOWED TO SIMILARLY ACT IN EXCESS OF AUTHORITY
4
FORESEEABLE INTERVENING CAUSES
- SUBSEQUENT MEDICAL MALPRACTICE
- NEGLIGENT RESCUER
- SUBSEQUENT INFECTION CAUSED BY WEAKENED CONDITION
- SUBSEQENT ACCIDENT SUBSTANTIALLY CAUSED BY INJURY
4
DUTY OF FAIRNESS TO OPPOSING PARTY - ATTORNEY MUST
- DISCLOSE INADVERTANT DISCLOSURE
- NOT TAMPER W/EVIDENCE
- PRODUCE INCRIMINATING EVIDENCE
- MAKE REASONABLE EFFORTS TO EXPEDITE LITIGATION
4
KILLERS OF TESTATORS
- CAN’T TAKE BY WILL
- CAN’T TAKE BY INTESTATE SUCCESSION
- TREATED AS PREDECEASING TESTATOR
- NO ANTI-LAPSE TRIGGERED
2
CATEGORIES OF EXPRESS TRUSTS
- PRIVATE TRUSTS FOR THE BENEFIT OF ASCERTAINABLE BENEFICIARIES
- CHARITIABLE TRUSTS FOR THE BENEFIT OF SOCIETY AT LARGE
3
DEFICIENCY JUDGMENT FOR MORTGAGES ONLY ALLOWED WHERE
- PROPERTY SOLD FOR LESS THAN AMOUNT OWED
- JUDICIAL FORECLOSURE
- LOAN WAS NOT A PURCHASE MONEY MORTGAGE
2
REMEDIES FOR BREACH OF LAND SALE CONTRACT
- DAMAGES
- SPECIFIC PERFORMANCE (MORE COMMON)
4
LONG ARM STATUTE
- STATE LAW
- ALLOWING STATE COURT TO EXERCISE JURISDICTION
- OVER OUT OF STATE DEFENDANT
- IN CERTAIN SITUATIONS.
1
WHEN IS PRELIMINARY INJUNCTION ISSUED
- PRIOR TO FINAL JUDGMENTS ON THE MERITS OF THE CASE
1
DEFENSE OF MISTAKE OF LAW
- MISTAKE OF LAW MAY NEVER ALTER AN ACT’S ILLEGALITY
2
ROUTINE STOP - VEHICLE - ALLOWED WHERE
- REASONABLE SUSPICION OF WRONGDOING
- BASED ON OBJECTIVE STANDARD
1
MODERN OVERT ACT REQUIREMENT FOR ATTEMPT CRIME
- MODERNLY, MOST JURISIDCTIONS REQUIRE AN OVERT ACT BE COMMITTED IN FURTHERANCE OF THE CRIME.
5
EQUITABLE CONVERSION IN A LAND SALE CONTRACT OCCURS WHEN
- LAND SALE CONTRACT IS SIGNED
- BUYER IS DEEMED OWNER OF REAL PROPERTY
- RISK OF DAMAGE PASSES TO BUYER
- UNLESS CONTRACT STATES OTHERWISE
- OR STATE HAS A STATUTE TO A CONTRARY EFFECT
2
UNDER THE BEST EVIDENCE RULE, WHERE A WITNESS’ KNOWLEDGE EXISTS SOLELY FROM A DOCUMENT, THAT DOCUMENT
- MUST BE ADMITTED
- UNLESS THE ABSENCE OF THE DOCUMENT IS EXPLAINED OR EXCUSED
4
FRE 408 - STATEMENTS MADE DURING SETTLEMENT NEGOTIATIONS MAY BE ADMITTED TO SHOW
- BIAS
- PREJUDICE
- NEGATION OF CONTENTION OF UNDUE DELAY
- OBSTRUCTION OF JUSTICE
2
MBE MISSED - INTERMEDIATE SCRUTINTY FOR CONTENT NEUTRAL FORMS OF SPEECH REQUIRES
- ORDINANCE IS NARROWLY TAILORED TO ACHIEVE AN IMPORTANT GOVERNMENT INTEREST
- ALTERNATE CHANNELS OF COMMUNICATION FOR PLAINTIFF TO DISSEMINATE MESSAGE ARE LEFT OPEN
3
REMEDY FOR VOLUNTARY WASTE
- DIMINUTION IN VALUE
- COST OF REPAIR
- AND/OR INJUNCTION
2
WHEN MAY THE GOVERNMENT GRANT VARIANCE ON ZONING ORDINANCES?
- UNDUE HARDSHIP
- VARIANCE WON’T WORK DETRIMENT TO SURROUNDING PROPERTY VALUES
3
LEGAL RESITUTION FOR BREACH OF CONTRACT AWARDED WHERE
- DEFENDANT DERIVED BENEFIT FROM PLAINTIFF
- JUSTICE DEMANDS PLAINTIFF BE COMPENSATED FOR BENEFIT
- OR PLAINTIFF WANTS HER PROPERTY BACK
1
CALIFORNIA MUST HOLD CASE MANAGMENT CONFERENCE WITHIN
- 180 DAYS OF FILING COMPLAINT
2
JUDGMENT AS A MATTER OF LAW - FEDERAL
- AT TRIAL
- AFTER OPPOSING SIDE HAS PRESENTED ITS CASE
- OTHER SIDE FILES JMOL MOTION
- ARGUING INSUFFFICIENT EVIDENCE
- TO ALLOW REASONABLE PEOPLE TO AGREE WITH OPPOSING SIDE’S CASE
1
RINGS GO ON YOUR
FINGERS
5
FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION
- OWNERSHIP - POTENIALLY INFINITE, SUBJECT TO OCCURENCE OF POSSIBLE EVENT
- TRANSFERABILITY - ALIENABLE, DEVISABLE, DESCENDIBLE, SUBJECT TO CONDITION
- FUTURE INTEREST GRANTOR OWNS - SHIFTING EXECUTORY INTEREST
- FUTURE INTEREST THIRD PARTY OWNS - SPRINGING EXECUTORY INTEREST
- CREATED BY - WORDS OF CONDITION
3
GROUNDS FOR CONTRACT REFORMATION
- MISREPRESENTATION
- MUTUAL MISTAKE
- UNILATERAL MISTAKE (NONMISTAKEN PARTY KNEW OR SHOULD HAVE KNOWN OF MISTAKE)
6
COMMON LAW STATUTE OF FRAUDS - REQUIRES WRITING TO MAKE CONTRACTS FOR THE FOLLOWING SUBJECT MATTERS LEGALLY BINDING
- MARRIAGE
- CONTRACTS TAKING OVER A YEAR TO PERFORM
- CONTRACTS INVOLVING LAND
- EXECUTORY CONTRACTS
- SALES OF GOODS IN EXCESS OF $500.
- SURETY CONTRACTS
2
EXCITED UTTERANCE HEARSAY EXCEPTION
- STATEMENT RELATING TO STARTLING EVENT OR CONDTITION
- MADE WHILE DECLARANT WAS UNDER STRESS OF EXCITEMENT CASUED BY EVENT OR CONDITION.
3
UNMARRIED COHABITANTS - METHODS COURTS USE TO ALLOCATE PROPERTY OF COHABITANTS
- CONTRACT PRINCIPALS
- QUASI-CONTRACT
- TRUSTS
1
DATE OF ACCEPTANCE OF DEED
- OCCURS ON THE DATE DEED DELIVERED INTO ESCROW UNLESS PARTIES EXPRESSLY AGREE OTHERWISE.
2
COMMINGLING RULES AND EQUITABLE LIENS
- PROPERTY NEED NOT BE TRACEABLE TO ITS ORIGINAL FORM
- COMMINGLING OK
3
SEARCH WARRANT EXCEPTION - EXIGENT CIRCUMSTANCES
- IMMINENT INJURY TO PERSONS
- IMMINENT DESTRUCTION OF EVIDENCE
- HOT PURSUIT OF FLEEING FELON
2
LUCAS AND ANTI-LUCAS - DEATH VS. DIVORCE
- LUCAS APPLIES FOR DEATH
- ANTI-LUCAS APPLIES TO DIVORCE
2
KEY DIFFERENCE BETWEEN AN EQUITABLE SERVITUDE AND A REAL COVENANANT
- SERVITUDE IS DESIGNED TO CREATE AN INJUNCTION TO ENFORCE THE SERVITUDE
- REAL COVENANT IS DESIGNED TO CREATE AN AWARD OF MONEY DAMAGES FOR ITS BREACH
2
VICARIOUS LIABILITY FOR JOINT ENTERPRISES ARISES WHERE PARTIES
- AGREE TO WORK TOGETHER FOR MUTUAL BENEFIT
- SHARING EQUAL CONTROL OVER JOINT ENTERPRISE’S ASSETS AND ACTIVITIES
1
EXPECTATION DAMAGES
- COMPENSATE PLAINTIFF FOR EXPECTED BENEFIT OF THE BARGAIN
2
MOOTNESS AND CLASS ACTIONS
- WHERE AT LEAST ONE CLASS MEMBER STILL HAS INJURY
- CASE IS NOT MOOT
1
PLAINTIFF DEMAND FOR JURY TRIAL IN FEDERAL CASE MUST BE MADE NO LATER THAN
- 14 DAYS AFTER SERVICE OF LAST PLEADING RAISING A TRIABLE ISSUE OF FACT.
2
THE SOURCE RULE -
TWO TRACING METHODS ALLOWED BY COURT
- EXHAUSTION METHOD
- DIRECT TRACING
1
MODERNY LARCENY CODIFICATION
- MODERNLY, MANY JURISDICTIONS CODIFY LARCENY AS THEFT.
1
ADVERSE POSSESSION DEFINITION
- A MEANS OF TAKING TITLE TO REAL PROPERTY THROUGH THE OPERATION OF THE STATUTE OF LIMITATIONS FOR TRESPASS
1
FUTURE COVENANTS CONTAINED IN WARRANTY DEEDS ARE BREACHED WHEN
- THE GRANTEE IS DISTURBED IN POSSESSION
3
TORTS - WHO IS AN AGGRESSOR?
- PARTY WHO STARTS THE FRACAS
- CONTINUES VIOLENCE DESPITE ATTEMPTED WITHDRAWAL
- SERIOUSLY ESCALATES THE COMBAT
1
DOES LP CONTINUE TO EXIST DURING WINDING UP PERIOD?
- YES
4
EQUITY CLEAN UP DOCTRINE IN CA
- WHERE MAIN QUESTION OF CASE IS EQUITABLE
- LEGAL FACTS ARE MERELY INCIDENTAL
- JUDGE MAY HEAR WHOLE CASE
- JURY WILL NOT BE REQUIRED.
3
CHARITABLE TRUST
- MADE FOR A CHARITABLE PURPOSE
- MUST BENEFIT SOCIETY AT LARGE
- WHERE PURPOSE FAILS - APPLY CY PRES DOCTRINE
2
FREEDOM OF ASSOCATION ONLY APPLIES TO ASSOCIATION WITH
- GROUPS AND ASSOCIATIONS PROTECTED BY FIRST AMENDMENT
- NOT SOCIAL GROUPS
5
SUFFICIENT OFFER UNDER THE COMMON LAW
- AT COMMON LAW, AN OFFER IS SUFFICIENT WHERE IT SPECIFIES THE PARTIES
- PRICE
- SUBJECT MATTER
- QUANTITY
- TIME OF PERFORMANCE.
2
BUSINESS PARTHERSHIP - TITLED PROPERTY IS THE SEPARATE PROPERTY OF PARTNERS WHERE
- HELD IN INDIVIDUAL PARTNER’S NAMES
- AND PURCHASED WITH INDIVIDUAL PARTNER’S FUNDS
3
SEC - MISAPPROPRIATORS
- BREACH A DUTY OF TRUST AND CONFIDENCE
- OWED TO A SOURCE OF MATERIAL NON-PUBLIC CORPORATE INFORMATION
- WHEN THEY MAKE A TRADE OF A SECURITY INSTRUMENT BASED ON THIS MATERIAL NON-PUBLIC CORPORATE INFORMATION
3
CA - DUTY OF ATTORNEY WHO LEARNS CLIENT IS GOING TO COMMIT CRIME OR FRAUD
- ACT TO DISSUADE CLIENT FROM COMMITTING CRIME OR FRAUD
- WARN CLIENT THAT AUTHORITIES WILL BE TOLD IF CRIME OR FRAUD OCCURS
- REPORT CRIME IF KNOWS OCCURRED
3
TRADITIONAL BASES FOR PERSONAL JURISDICTION
- DEFENDANT DOMICILED IN FORUM STATE
- DEFENDANT CONSENTS TO JURISDICTION IN FORUM STATE
- DEFENDANT SERVED IN FORUM STATE
1
REAL COVENANT - INTENT REQUIREMENT
- ORIGINAL CONVENANTING PARTIES MUST HAVE INTENDED SUCCESSORS-IN-INTEREST TO BE BOUND BY THE COVENANT.
2
CRIMINAL NEGLIGENCE
- CRIMINAL NEGLIGENCE IS A DELIBERATE GROSS DEVIATION FROM THE DUTY OF CARE
- EXERCISED BY A REASONABLY PRUDENT PERSON.
1
KEEPIGN UNEARNED RETAINER FEES
- ATTORNEY MAY NOT KEEP UNEARNED RETAINER FEES
2
ROUTINE STOP - TRAFFIC CHECKPOINTS ARE OK WHERE THEY ARE
- TESTING FOR COMPLIANCE WITH DRIVING LAWS
- USED FOR SPECIAL LAW ENFORCEMENT NEEDS
1
MBE MISSED - TO CONSTITUTE ANTICIPATORY REPUDIATION - REPUDIATING PARTY MUST
- UNEQUIVOCALLY INDICATE THAT HE WILL NOT PERFORM HIS OBLIGATIONS UNDER THE CONTRACT
poop
SUGAR
IS BAD FOR YOU
2
THE REDLINE RULE
- UNDER THE REDLINE RULE THE DEFENDATN MAY NOT BE CHARGED FOR THE HOMICIDES OF CO-FELONS CAUSED BY VICTIMS, BYSTANDERS OR POLICE
- DURING COMMISSION OF AN INHERENTLY DANGEROUS VIOLENT FELONY.
2
CORPORATION REQUIREMENTS TO BE SUBJECT TO 16B
- LISTED ON NATIONAL STOCK EXCHANGE
- OR HAVE 10 MILLION MORE IN ASSETS AND AT LEAST 500 SHAREHOLDERS
1
ACTUAL PARTIAL EVICTION OCCURS WHERE
- LANDLORD MAKES IT PHYSICALLY IMPOSSIBLE TO OCCUPY PART OF THE PREMISES
1
FREE SPEECH REGULATION LIMITATION - VAGUENESS
- REASONABLE PERSON WOULD HAVE TO GUESS AT MEANING
3
SPECIAL CLASSIFICATIONS - PERSONAL INJURY - LIABILITY FOR TORTFEASOR SPOUSE WHO COMMITS TORT AGAINST SPOUSE
- TORTFEASOR SPOUSE’S SP MUST BE EXHAUSTED
- BEFORE CP IS USED
- TO DISCHARGE LIABILITY OF TORTFEASOR SPOUSE TO INNOCENT SPOUSE
1
FEE SUBJECT TO A CONDITION SUBJEQUENT - RIGHT GRANTOR OWNS IS
- RIGHT OF REENTRY
2
CAPACITY REQUIREMENTS OF AGENT
- MINIMAL CAPACITY (MENTAL HEALTH OK)
- MINORS ARE OK
2
RIGHTS NOT INCORPORATED BY THE FOURTEENTH AMENDMENT
- SEVENTH AMENDMENT RIGHT TO JURY TRIAL IN CIVIL PROCEEDING
- FIFTH AMENDMENT RIGHT TO INDICTMENT BY GRAND JURY
3
PERJURY IS THE CRIME OF
- WILLFULLY GIVING A FALSE STATEMENT
- WITH THE SPECIFIC INTENT TO LIE UNDER OATH
- IN A JUDICIAL PROCEEDING.
3
SUBSTANTIVE DUE PROCESS LIMITS GOVERNMENT’S ABILITY TO REGULATE
- PERSONAL AUTONOMY
- PRIVACY
- RIGHTS SUBSTANTIVE INTERESTS IN LIFE, LIBERTY AND PROPERTY
2
OFFER
- A MANIFESTATION OF PRESENT CONTRACTUAL INTENT
- SO CERTAIN IN TERMS THAT A REASONABLE PERSON WOULD CONCLUDE ASSENT WOULD FORM A BARGAIN
4
ELEMENTS OF ADVERSE POSSESSION
- OPEN AND NOTORIOUS POSSESSION
- ACTUAL AND EXCLUSIVE POSSESSION
- CONTINUOUS POSSESSION FOR STATUATORY PERIOD
- HOSTILE POSSESSION
1
REAL COVENANT - VERTICAL PRIVITY REQUIREMENT
- SUCCESSOR IN INTEREST MUST OWN THE ENTIRE ESTATE OWNED BY THE ORIGINAL COVENANTING PARTY.
2
TAKINGS CLAUSE - PER SE TAKING OCCURS WHEN
- PERMANENT PHYSICAL INVASION OF PROPERTY
- TOTAL DENIAL OF ECONOMICALLY BENEFICIAL USE OF PROPERTY
4
COMMON CARRIER DOCTRINE AND EMBEZZLEMENT
- UNDER THE COMMON CARRIER DOCTRINE
- COMMON CARRIERS ARE LAWFULLY ENTRUSTED WITH POSSESSION OF PASSENGERS’ PERSONAL PROPERTY
- MAKING THEFT BY CARRIER’S EMPLOYEES EMBEZZLEMENT
- EVEN WHERE PROPERTY IS “LOST”.
1
FOR FINDING INTENT TO OPERATE AS CO-OWNERS OF A BUSINESS FOR PROFIT - THIS WILL NEVER BE USED
- SHARING JOINT REVENUE
3
CALIFORNIA REQUIREMENT FOR AFFIRMATIVE DEFENSES IN ANSWER - DEFENDANT MUST PROVIDE
- FACTUAL DETAIL
- FOR EACH ELEMENT
- OF EACH AFFIRMATIVE DEFENSE.
2
OBJECTION - CALLS FOR SPECULATION IS USED WHERE A QUESTION
- INVITES WITNESS TO SPECULATE
- OR ANSWER ON BASIS OF CONJECTURE
1
MALICIOUS MISCHIEF
- MALICIOUS MISCHIEF IS THE WILLFUL OR WANTON DESTRUCTION OF VICTIM’S PROPERTY.
4
LIABILITY FOR INTERFERENCE WITH CONTRACT ARISES WHERE DEFENDANT
- KNEW CONTRACT EXISTED BETWEEN PLAINTIFF AND THIRD PARTY
- INTENTIONALLY DISRUPTED PERFORMANCE OF CONTRACT
- PREVENTED PERFORMANCE OR MADE IT MORE DIFFICULT
- WAS A SUBSTANTIAL FACTOR IN PLAINTIFF’S RESULTING HARM
4
WILL CONTRACTS - METHODS OF PROVING VALIDITY OF CONTRACT
- PROVISION IN WILL STATES MATERIAL PROVISIONS OF CONTRACT OR
- EXPRESS REFERENCE IN WILL OR OTHER INSTRUMENT TO A CONTRACT W/EXTRINSIC EVIDENCE PROVING TERMS OR
- WRITING SIGNED BY DECEDENT EVIDENCING CONTRACT OR
- CLEAR AND CONVINCING EVIDENCE OF AGREEMENT ENFORCEABLE AT EQUITY
3
MILLER TEST FOR OBSCENITY
- APPEALS TO PRURIENT INTERESTS (COMMUNITY STANDARD)
- PATENTLY OFFENSIVE UNDER LAWS LIMITING OBSCENITY (COMMUNITY STANDARD)
- SERVES NO SLAP VALUE (NATIONAL STANDARD)
3
REVIVAL OF WILL
- A WILL IS REVOKED
- A SUBSEQUENT WILL IS REVOKED
- REVIVAL OF FIRST WILL WHERE CLEAR EVIDENCE OF TESTATOR’S INTENT TO REVIVE.
3
GRATUITOUS ASSIGNMENTS ARE REVOCABLE UNTIL
- THE ASSIGNMENT IS MADE IN WRITING
- OR A TOKEN CHOSE IS DELIVERED
- OR DETRIMENTAL RELIANCE OCCURS
1
PUBLIC RECORDS EXCEPTION AND CRIMINAL INVESTIGATION
- MATTERS OBSERVED BY POLICE OFFICERS AND OHTER LAW ENFORCEMENT ARE NOT ADMISSIBLE UNDER THE PUBLIC RECORDS HEARSAY EXCEPTION.
4
OUTSIDE WRITING MAY BE INCORPORATED BY REFERENCE INTO THE WILL WHERE:
- WRITING EXISTED WHEN WILL EXECUTED
- WILL MANIFESTS INTENT TO INCORPORATE WRITING
- WILL SUFFICIENTLY DESCRIBES WRITING TO IDENTIFY IT
- WRITING ITSELF NEED NOT BE VALID
3
COMMON LAW CONSPIRACY
- A SPECIFIC INTENT CRIME
- TWO OR MORE PERSONS AGREE
- TO WORK TOGETHER TO ACCOMPLISH AN ILLEGAL GOAL
5
EXCEPTIONS TO ATTORNEY CLIENT PRIVILEGE
- DUTY OF CONFIDENTIALITY
- CRIME OR FRAUD
- SUIT AGAINST CLIENT
- COMPETENCY OR INTENTION OF TESTATOR
- CA - PREVENT SUBSTANTIAL BODILY INJURY OR DEATH
4
CODICIL - ELEMENTS
- AMENDMENT TO AN EXISTING WILL
- MADE TO CHANGE, EXPLAIN OR REPUBLISH
- SAME FORMALITY REQUIREMENTS AS WILLS AND HOLOGRAPHIC WILLS
- REPUBLISHES WILL AS OF THE DATE OF THE CODICIL
2
FIRST AMENDMENT FREEDOM OF ASSOCIATION
- NOT EXPRESSLY STATED
- BUT THE RIGHT TO EXPRESSIVE ASSOCIATION WITH GROUPS ENGAGING IN CONSTITUTIONALLY PROTECTED ACTIVITIES.
2
IN CRIMINAL CASES, DEFENDANTS ARE GRANTED A RIGHT TO CONFRONT ADVERSE WITNESSES UNDER THE
- CONFRONTATION CLAUSE
- OF THE SIXTH AMENDEMENT
2
FRAUD IN THE EXECUTION OCCURS WHEN TESTATOR IS UNAWARE
- HE IS SIGNING A WILL
- HE IS SIGNING A FORGED WILL
4
AGENT’S DUTY OF LOYALTY - CONFLICT OF INTEREST PROHIBITIONS
- NO SELF -DEALING
- NO USURPING OPPORTUNITIES
- NO SECRET PROFIT
- NO COMMINGLING FUNDS
4
INVASION OF PRIVACY TORTS
- INTRUSTION INTO SECLUSION
- PUBLIC DISCLOSURE OF PRIVATE FACTS
- FALSE LIGHT PUBLICITY
- APPROPRIATION OF NAME OR LIKENESS
3
DEEP ROCK DOCTRINE
- CORPORATION IS INSOLVENT
- 3RD PARTY CREDITORS PAID FIRST
- SHAREHOLDER CLAIMS SUBORDINATE
3
DEED DELIVERY AND PASSING OF TITLE TO PROPERTY - TITLE PASSES
- UPON PROPER DELIVERY OF DEED
- ACCEPTANCE IS PRESUMED IN MOST JURISDICTIONS
- BUT REJECTION BY GRANTEE DEFEATS DELIVERY
1
PROPERTY ACQUIRED POST SEPARATION IS TREATED AS
- SEPARATE PROPERTY
2
INVOLUNTARY DISMISSAL MAY BE ORDERED BY THE COURT FOR
- FAILURE TO PROSECUTE
- FAILURE TO COMPLY WITH A COURT ORDER
3
FIDUCIARY DUTIES OF PARTNERS IN A LLP
- DUTY OF CARE
- DUTY OF LOYALTY
- DUTY TO DISCLOSE
1
DUTY BASED ON PERIL ARISES WHERE DEFENDANT CREATES
- REASONABLY FORESEEABLE DANGER TO OTHERS
1
WATER RIGHTS - CIVIL LAW RULE
- OWNER HAS STRICT LIABILITY FOR INTERFERENCE WITH NATURAL WATERWAYS
4
COLLATERAL ESTOPPEL WILL APPLY WHERE
- ISSSUE IS IDENTICAL TO ISSUE IN PRIOR CASE.
- ISSUE WAS ACTUALLY LITIGATED IN PRIOR CASE.
- FINAL JUDGMENT ON THE MERITS IN PRIOR CASE
- ISSUE WAS ESSENTIAL TO THE JUDGMENT
2
TYPES OF SUPPLEMENTAL JURISDICTION
- ANCILLARY JURISDICTION - COURT ASSERTS JX OVER DEFENDANT’S CROSS CLAIM OR COUNTERCLAIM.
- PENDENT JURISDICTION - INSUFFICENT SUBJECT MATTER JX CLAIM JOINED TO A SUFFICIENT SUBJECT MATTER JX CLAIM.
5
DISSOLUTION OF LLC
A SPLIT AUTHORITY
- COMMON LAW - DISSASSOCIATE A MEMBER AND IT DISSOLVES THE LLC
- MODERNLY, DISSOLUTION ONLY CAUSED BY OPERATING AGREEMENT
- OR CONSENT BY ALL MEMBERS
- OR EVENT MAKING LLC’S BUSINESS ILLEGAL
- JUDICIAL DECREE
3
PERIODIC TENANCY - TERMINATION NOTICE REQUIREMENT
- WRITTEN NOTICE
- EQUAL TO LENGHTH OF LEASE
- UNLESS YEARLY LEASE, THEN SIX MONTHS NOTICE IS REQUIRED
3
COMMUNITY PROPERTY - CONTRIBUTIONS USED TO IMPROVE SPOUSE’S OWN SEPARATE PROPERTY - COMMUNITY IS REIMBURSED FOR
- INCREASED VALUE OF SEPARATE PROPERTY
- OR REIMBURSED FOR AMOUNT CONTRIBUTED
- WHICHEVER IS GREATER
2
ABA - CONTINGENCY FEES NOT ALLOWED WHERE
- DIVORCE OR DOMESTIC RELATIONS
- CRIMINAL
5
APPORTIONMENT PARAGRAPH FOR DIVISION OF
SP BUSINESS ASSETS
- TO APPORTION BETWEEN
- SP SHARE OF BUSINESS MANAGER SPOUSE BROUGHT TO MARRIAGE
- AND VALUE ADDED TO SP BUSINESS AFTER MARRIAGE BY COMMUNITY RESOURCES,
- COURTS HAVE DEVELOPED TWO ACCOUNTING METHODS:
- VAN CAMP AND PEREIRA.
2
DEFENSE OF SELF
- DEFENDANT IS PRIVILEGED TO USE REASONABLE FORCE TO DEFEND HIMSELF
- WHERE HE IS NOT THE AGGRESSOR.
2
COMMON LAW SOLICITATION
- A SPECIFIC INTENT CRIME
- WHERE DEFENDANT URGES ANOTHER PERSON TO COMMIT A CRIMINAL ACT.
4
PRESENT RECOLLECTION REFRESHED
- WITNESS HAS INCOMPLETE RECOLLECTION
- LEADING QUESTION OR WRITING
- WITNESS REVIEWS WRITING AND RETURNS TO COUNSEL
- WITNESS TESTIFIES AS TO PRESENT RECOLLECTION
2
MBE - DORMANT COMMERCE CLAUSE AND MARKET PARTICIPANT STATE EXCEPTION
- WHERE STATE IS A MARKET PARTICIPANT
- IT MAY PREFERENCE IN STATE PARTIES.
1
LIQUIDATED DAMAGES ARE AGREED TO BY
- STIPULATION IN THE CONTRACT
1
JOINT AND SEVERAL LIABILITY AND U.S. SUPREME COURT RULING ON JOINDER - POTENTIAL DEFENDANT WHO MAY BE JOINTLY AND SEVERALLY LIABLE - IS NOT
- A NECESSARY PARTY WHO MUST BE JOINED.
3
FREE SPEECH REGULATION LIMITATION - PRIOR RESTRAINT ONLY ALLOWED WHERE
- IRREPERABLE AND SERIOUS HARM TO PUBLIC WILL OCCUR
- NARROWLY DRAWN STANDARDS
- FINAL DETERMINATION OF VALIDITY
2
ADVERSE POSSESSION - CONTINUOUS REQUIREMENTS
- OWNER MAY NOT ENTER LAND DURING STATUATORY PERIOD TO REGAIN POSSESSION
- CONSTANT USE NOT REQUIRED AS LONG AS OCCUPIER’S USE IS TYPICAL OF AN OWNER OF SUCH LAND.
3
TRANSFERRED INTENT
- UNDER THE DOCTRINE OF TRANSFERRED INTENT, DEFENDANT’S CRIMINAL INTENT WILL BE TRANSFERRED FROM THE INTENDED PERSON OR OBJECT
- TO THE INJURED PERSON OR OBJECT
- AND CRIMINAL LIABILITY WILL FOLLOW.
1
IMPERFECT SELF-DEFENSE - A DEFENDANT MAY RAISE THE DEFENSE OF AN IMPERFECT SELF-DEFENSE WHERE HE ACTED
- TO DEFEND HIMSELF BASED ON AN UNREASONABLE BELIEF.
1
CONDITION PRECEDENT
- A CONDITION THAT MUST OCCUR FOR THE PERFORMANCE DUTY TO RIPEN.
2
LANDLORD ELECTION FOR TENANCY AT SUFFERANCE
- LANDLORD MAY EVICT TENANT
- OR LANDLORD MAY HOLDOVER TENANT FOR PERIODIC TENANCY
4
PARTNERSHIP RIGHTS TO PARTNERSHIP PROPERTY - PROPERTY AQUIRED BY THE PARTNERSHIP
- BELONGS TO THE PARTNERSHIP
- IS NOT CO-OWNED BY PARTNERS
- CANNOT BE TRANSFERRED BY PARTNERS
- CAN ONLY BE USED FOR PARTNERSHIP
1
UNILATERAL AGREEMENT AS EVIDENCE OF CONSPIRACY AND MPC
- UNDER THE MPC, A UNILATERAL ACT MAY ALSO SUPPORT A CONSPIRACY CHARGE.
2
LAWS AGAINST DISCRIMINATORY GROUPS ARE OK UNLESS
- INTERFERENCE W/INTIMATE ASSOCIATIONS
- INTERFERENCE WITH EXPRESSIVE ACTIVITY
2
ESTABLISHMENT CLAUSE - SECULAR PURPOSE TEST - DOES THE LAW
- HAVE A PRIMARILY SECULAR EFFECT?
- NOT FOSTER GOVERNMENT ENTANGLEMENT WITH RELIGION?
3
EFFECT OF ANTICIPATORY BREACH ON PARTIES’ PERFORMANCE DUTIES .
- NON BREACHING PARTY IS EXCUSED FROM PERFORMANCE
- BREACHING PARTY’S PERFORMANCE DUTIES ARE ACCELERATED TO THE PRESENT
- SO NON-BREACHING PARTY MAY IMMEDIATELY SEEK DAMAGES
2
WHO CAN USE COLLATERAL ESTOPPEL
- FED - MUTUALITY REQUIRED (PARTY OR PRIVY TO FORMER CASE)
- CA - STRANGERS ALLOWED.
2
DE FACTO CORPORATION IS CREATED BY A
- GOOD FAITH BUT UNSUCCESSFUL ATTEMPT TO INCORPORATE
- UNDER A VALID INCORPORATION STATUTE
7
WILL PARAGRAPH
WHY DID EVERYBODY VALIDATE THE CRAPPY FART??
- A WILL IS A WRITTEN INSTRUMENT
- DICTATING HOW A PERSON’S ESTATE IS TO BE DISTRIBUTED UPON DEATH.
- EFFECTIVE UPON THE DEATH OF ITS AUTHOR, THE TESTATOR.
- FOR A WILL TO BE VALID, THERE MUST BE
- PRESENT TESTAMENTARY INTENT,
- CAPACITY.
- AND IT MUST ALSO MEET ALL REQUIRED FORMALITIES.
2
DEFENSE TO SPECIFIC PERFORMANCE - HARDSHIP/SHARP PRACTICES
- UNEVEN BARGAINING POWER
- CONSIDERATION SO DISPROPORTIONATE IT WOULD SHOCK THE CONSCIENCE
2
ACCORD AND SATISFACTION IS WHAT KIND OF AGREEMENT?
- A BINDING AGREEMENT BETWEEN PARTIES
- TO SETTLE ONE’S ORIGINAL, GOOD FAITH CLAIM AGAINST THE OTHER PARTY FOR BREACH.
4
STOCK PRICES
- PAR VALUE IS SET MINIMUM PRICE AT ISSUANCE AND STOCK MAY NOT BE SOLD FOR LESS THAN THIS.
- NO PAR IS NO MINIMUM PRICE FOR STOCK.
- TREASURY STOCK IS PREVIOUSLY ISSUED AND REAQUIRED AND MAY BE TREATED AS NO PAR.
- MODERNLY, MOSTLY OBSOLETE. CALIFORNIA DOESN’T REQUIRE PAR VALUE.
1
MBE MISSED - THE POWER TO PROSECUTE BELONGS EXCLUSIVELY TO THIS BRANCH OF GOVERNMENT
- THE EXECUTIVE BRANCH
2
FEDERAL VENUE IS PROPER IN THE THE DISTRICT WHERE
- INJURY OCCURRED
- LAND IN DISPUTE IS LOCATED
1
TAKINGS CLAUSE
- PRIVATE PROPERTY CAN’T BE TAKEN FOR PUBLIC USE WITHOUT JUST COMPENSATION
3
PUNITIVE DAMAGES ONLY AWARDED WHERE DEFENDANT ACTED WITH
- MALICE
- OPPRESSION
- OR FRAUD
3
AGENT’S REMEDIES FOR PRINCIPAL’S BREACH
- TERMINATE AGENCY RELATIONSHIP
- CONTRACT DAMAGES FOR BREACH
- POSSESSORY LIEN FOR MONEY DUE
2
MBE - USE OF IMPEACHMENT EVIDENCE OT IMPEACH THE CREDIBILITY OF THE TESTIFYING CHARACTER WITNESS
- A CHARACTER WITNESS’ CREDIBILITY MAY BE IMPEACHED BY USING SPECIFIC INSTANCES
- TO SHOW THE WITNESS’ ASSESSMENT OF CHARACTER IS NOT CREDIBLE
6
SPECIFIC PERFORMANCE REQUIREMENTS FOR BREACH OF LAND SALE CONTRACT
(CHOCOLATE CHEESECAKE IS MY FAVORITE DESSERT)
- VALID CONTRACT WITH CERTAIN TERMS CAPABLE OF ENFORCEMENT
- CONDITIONS ON PLAINTIFF HAVE BEEN MET
- INADEQUATE REMEDY AT LAW
- MUTUALITY OF PERFORMANCE
- FEASIBILITY OF ENFORCEMENT
- NO AVAILABLE DEFENSES FOR BREACHING PARTY
2
APPROPRIATION OF LIKENESS TORT - LIABILITY ARISES WHERE
- DEFENDANT USES PLAINTIFF’S NAME, VOICE, OR LIKENESS FOR COMMERCIAL OR POLITICAL PURPOSES
- AND DOES SO WITHOUT PLAINTIFF’S AUTHORIZATION
1
RIGHT OF REENTRY - FUTURE INTEREST CONVEYED BY
- FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT
3
SPECIAL CLASSIFICATIONS - LIFE INSURANCE - DEVISE OF BENEFITS
- WHERE POLICY IS CP
- DECEDENT MAY ONLY DEVISE 1/2 INTEREST TO BENEFICIARY OTHER THAN SPOUSE
- WITHOUT SPOUSE’S WRITTEN CONSENT
2
ESTOPPEL - GROUNDS FOR CLAIM OF PUTATIVE SPOUSE
- PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID
- OR PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID AND TREATED IT LIKE IT WAS VALID
3
DEFENSE OF CONSENT - DEFENDANT MAY RAISE DEFENSE OF CONSENT TO ACTS
- NOT CAUSING SERIOUS BODILY HARM OR DEATH
- CONSENTED TO BY FULLY INFORMED ADULT
- WITH LEGAL CAPACITY TO CONSENT.
2
RIGHTS OF BREACHING SELLER WHO GIVES NOTICE OF INTENT TO CURE IMPROPER TENDER UNDER THE UCC
- ABSOLUTE RIGHT TO CURE WITHIN THE CONTRACT PERIOD
- AND REASONABLE EXTRA PERIOD OF IF NONCONFORMING GOODS WERE SHIPPED WITH A REASONABLE BELIEF OF THEIR SATISFACTORY NATURE.
2
MATERIAL BREACH OF LEASE REMEDY OPTIONS
- SEEK EVICTION THROUGH COURTS
- TERMINATE LEASE AND SUE FOR DAMAGES
3
ROBBERY
- ROBBERY IS A SPECIFIC INTENT CRIME
- ACCOMPLISTED WHEN DEFENDANT USES FORCE OR FEAR OF FORCE SUFFICIENT TO OVERCOME VICTIM’S WILL
- TO ACHIEVE A LARCENY.
2
USING FORCE IN EVICTION
- AT COMMON LAW, REASONABLE FORCE WAS OK TO EVICT TENANT
- MODERNLY, MUST USE COURTS. NO MANUAL EVICTION.
2
SPOUSE MANAGEMENT AND CONTROL OF PERSONAL PROPERTY - OTHER SPOUSE’S WRITTEN CONSENT NEEDED WHERE COMMUNITY PERSONAL PROPERTY IS
- GIFTED
- DISPOSED FOR LESS THAN FAIR AND REASONABLE VALUE
3
REMEDIES FOR ENCROACHMENT
- DAMAGES
- EJECTMENT
- INJUNCTION
1
CORPORATE BOND HOLDER HAS RIGHT TO RECIEVE
- PAYMENTS PER INDENTURE AGREEMENT
2
SHAREHOLDER RIGHTS - SHAREHOLDERS WHO DISSENT FROM A PROPOSED FUNDAMENTAL CORPORATE CHANGE
- MAY HAVE RIGHT TO DEMAND CORP PURCHASE THEIR SHARES
- AT FAIR MARKET VALUE
3
SUPERSEDING INTERVENING EVENT
- UNFORESEEABLE EVENT
- BREAKING CHAIN OF CAUSATION
- BECOMES NEW PROXIMATE CAUSE
2
PUBLIC NECESSITY TO PROTECT PROPERTY OF OTHERS CREATES
- ABSOLUTE PRIVILEGE
- FOR REASONABLE ACTS
1
CALIFORNIA - MOTION TO SET ASIDE JUDGMENT BASED ON ERROR/MISTAKE/SURPRISE MUST BE FILED WITHIN
- SIX MONTHS
3
MORTGAGE - ELEMENTS
- CONVEYANCE OF A SECURITY INTEREST
- IN LAND INTENDED BY THE PARTIES TO BE COLLATERAL
- FOR THE REPAYMENT OF A FINANCIAL OBLIGATION
7
DEFENSES TO FAILURE TO PAY RENT
- FAILURE TO DELIVER POSSESSION
- BREACH OF COVENANT OF QUIET ENJOYMENT
- CONSTRUCTIVE EVICTION
- NO FAULT DESTRUCTION OF PREMISES
- CONTRACT DEFENSES
- SURRENDER OF PREMISES ACCEPTED BY LANDLORD
- RELETTING OF PREMISES BY LANDLORD
5
LANDLORD/TENANT QUESTIONS/ORDER OF ESSAY APPROACH
- INTRO SENTENCE
- TENANT STRING
- LANDLORD STRING
- DEFENSES TO PAYMENT OF RENT
- EXPRESS REAL COVENANTS (IF APPLICABLE)
2
CHEESE IS
- GOOD
- WORTHWHILE
3
POUR OVER WILL - VALIDITY REQUIREMENTS
- WILL IDENTIFIES INTER VIVOS TRUST
- TERMS OF INTER VIVOS TRUST ARE SET FORTH IN INSTRUMENT BESIDES WILL
- INTER VIVOS TRUST WAS EXECUTED CONCURRENTLY OR BEFORE WILL EXECUTION
1
NONBREACHING SELLER’S AVAILABLE RECOVERY OF INCIDENTAL DAMAGES UNDER THE UCC
- NONBREACHING SELLER MAY RECOVER COMMERCIALLY REASONABLE EXPENSES INCURRED BY THE BUYER’S BREACH
3
STRUCTURE OF
LIMITED PARTNERSHIP
- TWO TIERED PARTNERSHIP STRUCTURE
- AT LEAST ONE GENERAL PARTNER
- AT LEAST ONE LIMITED PARTNER
1
MBE MISSED - FREE EXERCISE CLAUSE - COURTS WILL UPHOLD A FACIALLY NEUTRAL ACT UNLESS IT WAS INTENDED TO
- TARGET THE PRACTICES OF A SPECIFIC RELIGIOUS GROUP.
1
DURATION OF OBLIGATION TO REPORT CLIENT PERJURY
- DURATION OF CASE THROUGH APPEAL
1
REMEDY FOR SUBAGENT’S BREACH
- AGENT IS LIABLE TO PRINCIPAL FOR SUBAGENT’S BREACH
4
CEC 252 - COURT HAS RIGHT TO ORDER EXCLUSION OF EVIDENCE WHERE PROBATIVE VALUE IS OUTWEIGHED BY
- UNFAIR PREJUDICE
- CONFUSION OF THE ISSUES
- MISLEADING JURY
- WASTING TIME
1
WITHDRAWAL REQUIREMENT ONCE CASE IS IN ACTIVE LITIGATION
- COURT APPROVAL
4
SOLICITATION LETTERS MUST CONTAIN AND/OR BE
- ATTORNEYS NAME
- IF A FIRM, NAME OF ONE OF THE ATTORNEYS
- RELATABLE CONTACT INFORMATION
- ACCURATE AND FAIR
3
COUNTERCLAIM DEFINITION
- OFFENSIVE CLAIM
- FILED AGAINST AN OPPOSING PARTY
- IN FEDERAL COURT
3
SPECIAL CLASSIFICATIONS - SEVERANCE PAY
- CP WHERE REPLACING EARNING DURING THE MARRIAGE
- OR ENHANCE RETIREMENT DURING MARRIAGE
- SP WHERE GIVEN TO REPLACE FUTURE EARNINGS
2
QUITCLAIM DEED
- CONVEYS WHATEVER INTEREST GRANTOR ACTUALLY HAS IN TITLE
- CONTAINS NO COVENANTS OF TITLE
2
PUNITIVE DAMAGES
- NOT AWARDED FOR BREACH
- UNLESS RELATED TO AN INDEPENDENT TORT
3
ADEQUATE PROVOCATION
- ADQUATE PROVOCATION IS PROVOCATION SUFFICIENT TO RAISE A REASONABLE PERSON TO MURDEROUS RAGE
- THAT DID BRING THE DEFENDANT TO A MURDEROUS RAGE
- THAT WAS THE ACTUAL CAUSE OF THE HOMICIDE.
2
NOMINAL DAMAGES FOR CONTRACT BREACH
- DECLARATION THAT CONTRACT WAS BREACHED
- PLAINTIFF DID NOT SUFFER ACTUAL LOSS FROM BREACH
2
WHEN AN ATTORNEY-CLIENT RELATIONSHIP IS FORMED
- WHEN A POTENTIAL CLIENT APPROACHES A LAWYER ABOUT POSSIBLE REPRESENTATION
- EVEN WHEN NEVER RETAINS LAWYER
3
MBE MISSED - EXPERT TESTIMONY IS NECESSARY TO ASSIST THE TRIER OF FACT WHERE COURT DETERMINES
- SCIENTIFIC
- TECHNICAL
- OR OTHER SPECIALIZED KNOWLEDGE IS NEEEDED
4
EQUAL PROTECT CLAUSE - NON SUSPECT CLASSIFICATIONS
- ECONOMIC WELFARE
- AGE
- CRIMINAL BACKGROUND
- EVERYTHING ELSE
2
DEFENDANT HAS VICARIOUS LIABILITY FOR THE TORTS OF INDEPENDENT CONTRACTORS ARISES WHERE
TORTS WERE BREACH OF AN AFFIRMATIVE NON-DELEGABLE DUTY
CREATED BY STATUTE OR RELATIONSHIP
2
CALIFORNIA CLASS ACTION ALLOWED WHERE:
- THERE IS AN ASCERTAINABLE CLASS
- THERE IS A WELL DEFINED COMMUNITY OF INTEREST AMONG CLASS MEMBERS.
1
DRUG SMELLING DOGS ARE OK AND NOT VIOLATIVE OF FOURTH AMENDMENT WHERE USED IN
- TRAFFIC STOPS
2
WHAT IS THE DIFFERENCE BETWEEN FALSE PRETENSE CRIME AND LARCENY BY TRICK?
- LARCENY BY TRICK IS TO OBTAIN POSSESSION
- FALSE PRETENSES CRIME IS TO OBTAIN TITLE.
3
CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATE IS MARKET PARTICIPANT - STATE PREFERENCE TO CITIZENS MAY BE SHOWN IN
- BUYING OR SELLING STATE MADE GOODS
- GRANTING SUBSIDIES TO STATE CITIZENS
- HIRING STATE CITIZEN LABOR
2
VENUE IS PROPER WHERE CLAIM AROSE - CALIFORNIA
- COUNTY WHERE CLAIM AROSE
- COUNTY WHERE LAND IN DISPUTE IS LOCATED
2
LIABILITY OF INCOMING PARTNERS
- NEW PARTNERS ARE NOT LIABLE FOR OLD DEBTS
- NEW PARTNER’S CAPITAL INVESTMENT CAN BE USED TO PAY FOR OLD DEBTS
3
REMAINDERMEN’S RIGHTS AND DUTIES
- RECEIVE PRINCIPAL FROM NET PROCEEDS OF AN ASSET’S SALE
- PAY PRINCIPAL PART OF LOANS
- PAY FOR MAJOR REPAIRS
6
COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -
PEREIRA FORMULA (PSP)
- START WITH ORIGINAL SP INVESTMENT
- MULTIPLY BY FAIR RATE OF RETURN (10 PERCENT)
- MULTIPLY THIS NUMBER BY THE NUMBER OF YEARS THE INVESTMENT HELD WHILE MARRIED
- ADD THIS NUMBER TO ORIGINAL SP INVESTMENT
- RESULT IS SEPARATE PROPERTY
- SUBTRACT RESULT FROM VALUE OF BUSINESS AT DISSOLUTION AND THIS RESULT IS COMMUNITY PROPERTY
2
IMPLIED COVENANTS OF LAND SALE CONTRACT - SELLER PROMISES TO:
- PROVIDE MARKETABLE TITLE AT THE END OF CLOSING
- NOT MAKE ANY FALSE STATEMENT OF MATERIAL FACT REGARDING TITLE
3
PUBLIC RECORDS EXCEPTION APPLY TO - OAF
- OBSERVATIONS OF PUBLIC OFFICIAL
- ACTIVITIES OF OFFICE OR AGENCY
- FACTUAL FINDINGS FROM OFFICIAL INVESTIGATION.
3
LIABILITY FOR FALSE LIGHT TORT ARISES WHERE DEFENDANT
- PUBLISHES OFFENSIVE FALSE INFORMATION ABOUT PLAINTIFF
- TO PUBLIC AT LARGE
- CAUSING PLAINTIFF HUMILIATION OR EMBARASSMENT
6
ORDER OF GIFT ABATEMENT - FIRST ABATED TO LAST ABATED
- PROPERTY NOT DISPOSED OF IN WILL
- RESIDUARY GIFTS
- GENERAL GIFTS TO NONRELATIVES
- GENERAL GIFTS TO RELATIVES
- SPECIFIC GIFTS TO NONRELATIVES
- SPECIFIC GIFTS TO RELATIVES
1
THE CAPITAL OF WYOMING IS
CHEYENNE
2
DUTY OF TRADING INSIDER
- DISCLOSE MATERIAL NON-PUBLIC INFO
- OR REFRAIN FROM TRADING
3
SPECIAL CLASSIFICATIONS - BONUSES
- BASED ON WHEN EARNED
- EARNED AFTER SEPARATION - SP
- EARNED DURING MARRIAGE - CP
2
RELIANCE DAMAGES AWARD PLAINTIFF THE COST
- OF HIS PERFORMANCE
2
REMAND TIMING REQUIREMENTS
- PLAINTIFF MUST FILE W/IN 30 DAYS OF NOTICE OF REMOVAL FOR A DEFECT BESIDE NO SMJ
- FOR SMJ DEFECT, REMAND IS OK AT ANY TIME
3
TYPES OF NOTICE FOR RECORDING ACT STATUTES
- ACTUAL
- CONSTRUCTIVE/RECORD
- INQUIRY
1
OBJECTION - CALLS FOR A LEGAL CONCLUSION IS USED WHERE THE WITNESS IS ASKED
- TO STATE AN OPINION ABOUT ONE OF THE LEGAL MATTERS TO BE DECIDED IN THE CASE
1
ANCIENT DOCUMENTS HEARSAY EXCEPTION
- WHERE DOCUMENTS ARE TWENTY YEARS OLD OR OLDER.
3
ADVERSE POSSESSION - OPEN AND NOTORIOUS REQUIREMENTS - OCCUPATION MUST BE
- SUFFICIENTLY APPARENT OR VISIBLE
- SUFFICIENT TO PUT THE TRUE OWNER OF PROPERTY
- ON NOTICE OF TRESPASS
4
SLANDER PER SE WHERE DEFENDANT MAKES AN ORAL, TRANSITORY FALSE STATEMENT ABOUT PLAINTIFF’S
- CRIMINAL BEHAVIOR
- UNCHASTE BEHAVIOR
- IMPROPER BUSINESS PRACTICES
- INFECTION BY LOATHSOME DISEASE
4
A WITNESS IS COMPETENT TO TESTIFY WHERE SHE HAS
- PERSONAL KNOWLEDGE
- PRESENT RECOLLECTION
- THE ABILITY TO COMMUNICATE
- UNDERSTANDING OF HER LEGAL DUTY TO TELL THE TRUTY
2
SHAREHOLDER - CREATION OF A PROXY
- SHAREHOLDER ISSUES A SIGNED WRITING
- TO HAVE ANOTHER VOTE ON HIS/HER BEHALF
2
MBE MISSED - PRODUCT LIABILTY - A MANUFACTURER IS OBLIGATED TO TAKE ALL OF THESE STEPS TO MAKE PRODUCT SAFE
- REASONABLE
- COST EFFECTIVE
2
PROPER VENUE BASED ON WHERE DEFENDANT RESIDES - CALIFORNIA
- ANY COUNTY WHERE DEFENDANT RESIDES AT THE TIME OF FILING
- IF NO DEFENDANT RESIDES IN CALIFORNIA, ANY COUNTY IS OK.
2
CALIFORNIA ANTI-SLAPP BURDEN OF PROOF REQUIREMENTS
- BURDEN OF PROOF SHIFTS TO PLAINTIFF
- WHO MUST PROVE THE PROVE THE PROBABLITY OF WINNING SPEECH CHILLING LAWSUIT CASE ON ON ITS THE MERITS
2
CONGRESSIONAL POWER - RIGHT TO CONDITION FUNDING LIMITS
- MUST NOT BE EXCESSIVELY COERCIVE
- CONDITIONS MUST NOT BE AMBIGUOUS
5
SP EXPENDITURES MADE TO BENEFIT CP REAL PROPERTY - LUCAS
- PRE 1984
- OR AFTER DEATH
- PROPERTY HELD JOINTLY PRESUMED CP
- UNLESS AGREEMENT TO CONTRARY
- NO REIMBURSEMENT OF SP USED FOR CP
4
MBE MISSED - STATUTE OF FRAUDS REQUIREMENT IS SATISFIED WHERE A MEMORANDUM
- IDENTIFIES THE SUBJECT MATTER
- INDICATES A CONTRACT HAS BEEN MADE
- STATES THE ESSENTIAL TERMS OF THE CONTRACT
- SIGNED BY OR ON BEHALF OF PARTY TO BE CHARGED
1
SOCKS GO ON YOUR
FEET
2
AN INTENTIONAL ACT IS AN ACT DONE WITH
- REASONABLE CERTAINTY IT WILL CAUSE A RESULT
- OR DONE PURPOSELY FOR CAUSING A RESULT
5
NONWAIVABLE RUPA PROVISIONS - PARTNERSHIP AGREEMENT’S CAN’T
- WAIVE FIDCUIARY DUTIES
- RESTRICT THIRD PARTY RIGHTS
- AFFECT COURT’S POWER OVER PARTNERSHIP
- AFFECT LAW
- PREVENT A PARTNER FROM DISASSOCIATING (WITH NOTICE)
5
COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -
VAN CAMP FORMULA
- START SALARY FOR SPOUSE (REASONABLE MARKET RATE)
- MULTIPLY THIS BY YEARS BUSINESS OPERATED DURING MARRIAGE
- DEDUCT COMMUNITY EXPENSES PAID WITH BUSINESS FUNDS
- RESULT IS COMMUNITY PROPERTY
- REMAINDER IS MANAGING SPOUSE’S SEPARATE PROPERTY
2
OBJECTION - CALLS FOR A NARRTIVE IS USED WHERE THE WITNESS IS ASKED A QUESTION
- ON DIRECT EXAMATION
- INVITING A NARRATIVE RESPONSE
3
FEDERAL CLASS ACTIONS MUST BE ONE OF THESE THREE TYPES
- QUESTIONS OF LAW COMMON TO CLASS PREDOMINATE OVER QUESTIONS OF LAW AFFECTING INDIVIDUALS
- PREJUDICE MAY OCCUR WITH INCONSISTENT RESULTS OR WHEN AVAILABLE FUNDS ARE DEPLETED BY INDIVIDUALS
- INJUNCTIVE RELIEF IS SOUGHT
3
MBE - PROBABLE CAUSE FOR SEARCH WARRANT AND STALE INFORMATION
- WHERE INFORMATION IS STALE,
- THE LIKELIHOOD OF SOUGHT AFTER ITEMS BEING ON PREMISES IS LOWER
- THUS DIMINISHING PROBABLE CAUSE
3
MATERIAL CONDITION
- A CONDITION THAT MUST BE SATISFIED BEFORE A PERFORMANCE DUTY RIPENS
- FAILURE OF WHICH WILL GENERALLY DENY ONE OR ALL OF THE PARTIES’ EXPECTED BENEFIT OF THE BARGAIN
- EXCUSING THEM FROM PERFORMANCE.
3
DUTY OF DILIGENCE/ZEALOUS REPRESENTATION
- ADVOCATE CLIENT’S CASE TO COMPLETION SO IT DOES NOT LANGUISH IN COURT
- THOROUGHLY INVESTIGATE FACTS
- LOCATE RELEVANT WITNESSES WHO SUPPORT CLIENT’S CASE
3
DUTY OF DUE CARE OF TRUSTEE -ELEMENTS
- DUTY TO INVESTIGATE INVESTIMENTS
- DUTY TO DIVERSIFY INVESTMENTS
- DUTY TO ACT AS A REASONABLY PRUDENT PERSON WOULD IN HIS OWN AFFAIRS
3
COMMUNITY PROPERTY ESSAY STRUCTURE (ROTH’S)
- INTRO
- GENERAL RULES
- ASSETS
1
LIABLITY IS CREATED BY AGENT’S USE OF ACTUAL IMPLIED AUTHORITY WHEN
- THIRD PARTY REASONABLY RELIES ON IMPLICATION
2
EIGHTH AMENDMENT - CRUEL AND UNUSUAL PUNISHMENT AND CAPITAL PUNISHMENT - CAN’T PUT TO DEATH SOMEONE
- WHO AT LEAST ONE JUROR FINDS TO BE MENTALLY RETARDED
- WHO IS A MINOR AT THE TIME THE CRIME IS COMMITTED.
4
GLOVES GO ON
HANDS
3
QUASI-CONTRACT OR IMPLIED-IN-LAW-CONTRACT
- NO LEGAL CONTRACT EXISTED
- DEFENDANT DERIVED A BENEFIT FROM PLAINTIFF
- JUSTICE DEMANDS DEFENDANT COMPENSATE PLAINTIFF FOR BENEFIT
4
PRIORITY OF DISTRIBUTION OF LIMITED PARTNERSHIP ASSETS UPON DISSOLUTION
- CREDITORS
- DISTRIBUTIONS OWED
- CAPITAL CONTRIBUTIONS
- SHARES ALLOCATED PARTNERS AS PER PARTNERSHIP AGREEMENT
1
MAYHEM
- MAYHEM IS THE CRIME OF MALICIOUSLY DISMEMBERING OR DISFIGURING VICTIM.
3
CONSTRUCTIVE BREAKING FOR BURGLARY OCCURS WHEN ENTRY IS ACCOMPLISHED BY
- THREAT OF VIOLENCE OR
- AID OF CO-CONSPIRATOR OR
- TRICKERY
1
MBE MISSED - AN OUT OF COURT STATEMENT OFFERED FOR PROOF OF THE MATTER ASSERTED (HEARSAY) MAY COME IN UNDER THIS MANY EXCEPTIONS
- ONE TO HOWEVER MANY EXCEPTIONS APPLY
1
WHERE REVOCATION OF SUBSEQUENT WILL OCCURED BY PHYSICAL ACT - INTENT TO REVIVE PRIOR WILL MAY BE SHOWN BY THIS TYPE OF EVIDENCE
- EXTRINSIC EVIDENCE
3
LIABILITY ARISES UNDER RESPONDEAT SUPERIOR OUTSIDE OF SCOPE OF EMPLOYMENT WHERE
- JOB ENTAILS USE OF FORCE
- EMPLOYER AUTHORIZE CONDUCT
- CONDUCT MOTIVATED BY DESIRE TO BENEFIT EMPLOYER
1
POUR OVER WILL VALUE LIMIT IN CALIFORNIA
- 100,000
4
SOLICITATION - ATTORNEYS MAY SEND
- LETTERS
- CARDS
- ANNOUNCEMENTS
- TO PEOPLE IN HIS AREA OF PRACTICE
4
PAYMENTS TO WITNESSES GUIDELINES
- REIMBURSEMENT OF REASONABLE TRANSPORTATION, LOST WAGES AND ACCOMODATION OK
- REIMBURSEMENT CAN’T BE CONTINGENT ON HELPFULNESS OF TESTIMONY
- NO CONTINGENT PAYMENT OF AWARD
- EXPERT FEES OK
2
AN AWARD OF LIQUIDATED DAMAGES IS APPROPRIATE WHERE
- DAMAGES WERE DIFFICULT TO CALCULATE
- STIPULATED AMOUNT BEARS A REASONABLE RELATIONSHIP TO THE ANTICIPATED LOSS
3
CLASS ACTION FAIRNESS ACT ALLOWS FEDERAL COURT TO HEAR A CLASS ACTION CASE WHERE ALL OF OF THESE REQUIREMENTS ARE MET:
- ANY CLASS MEMBER IS DIVERSE FROM ANY DEFENDANT.
- THE CLASS CLAIMS AGGREGATE TO EXCEED FIVE MILLION DOLLARS
- THERE ARE AT LEAST 100 CLASS MEMBERS
4
WHEN IS TERMINATION OF REPRESENTATION NECESSARY?
- WHERE WILL CAUSE VIOLATION OF RULES OR LAW
- FRIVILOUS LITIGATION
- PHYSICAL OR MENTAL CONDITION MATERIALLY IMPAIRS REPRESENTATION
- LAWYER IS DISCHARGED
2
“LIFE IN BEING”
- AN ASCERTAINABLE INDIVUAL
- MADE SPECIFICALLY IDENTIFIABLE BY LANGUAGE OF CONDITION
1
MBE - PRIOR INCONSISENT STATEMENT - MEANING OF PRIOR WHEN INCONSISTENT STATEMENT USED TO IMPEACH
- PRIOR MEANS INCONSISTENT STATEMENT OCCURRED BEFORE THE COURT REPETITION OF THE DECLARANTS OUT OF COURT STATEMENT OR CONDUCT.
2
DEFENSE OF OTHERS - THE DEFENDANT MAY RAISE THE DEFENSE OF OTHERS DEFENSE WHERE HE
- USED FORCE AS REASONABLY NECESSARY
- TO DEFEND OTHERS FROM AN AGGRESSOR.
4
CALIFORNIA - FORUM NON CONVENIENS STANDARD - PRIVATE AND PUBLIC FACTORS
- BURDEN ON COMMUNITY
- APPLICABLE LAWS
- CONVENIENCE TO PARTIES
- LOCATION OF WITNESSES AND EVIDENCE.
2
FIFTH AMENDMENT SELF-INCRIMINATION PROTECTION
- NO COMPULSION TO GIVE COMMUNICATIVE EVIDENCE OR TESTIMONY
- EXPOSING ONE’S SELF TO CRIMINAL LIABILITY
3
METHODS OF TERMINATING OR MODIFYING A REAL COVENANT
- AGREEMENT OF ALL PARTIES MADE IN A SUFFICIENT WRITING.
- ABANDOMENT ACTION
- CHANGED CONDITIONS
1
CALIFORNIA SPECIAL INTERROGATORY LIMITS
- 35 SPECIAL INTERROGATORIES MAY BE ASKED WITHOUT COURT LEAVE
4
ACTIONS (LAWSUITS NOT BARRED BY THE 11TH AMENDMENT)
- STATE V. STATE
- US V. STATE
- INJUNCTIONS AGAINST STATE OFFICIALS
- SUITS AGAINST CITIES
2
RULE 26 PRE-TRIAL DISCLOSURE REQUIREMENTS
- WITNESS LIST
- EXHIBIT LIST
1
RES JUDICATA/CLAIM PRECLUSION DEFINITION
- BARS RELITIGATION OF ALREADY LITIGATED CLAIM
2
REVOCATION OF CODICIL CONSEQUENCE FOR WILL AND REVOCATION OF WILL CONSEQUENCE FOR CODICIL
- REVOCATION OF CODICIL REVOKES ONLY THE CODICIL AND THE WILL REMAINS ACTIVE
- REVOCATION OF WILL REVOKES WILL AND CODICIL
2
DEFENSE OF INFANCY - DEFENDANT MAY RAISE THE DEFENSE OF INFANCY WHERE DEFENDANT WAS
- UNDER SEVEN YEARS OLD AND CONCLUSIVELY PRESUMED TO BE UNABLE TO FORM CRIMINAL INTENT
- BETWEEN AGE OF SEVEN AND FOURTEEN AT TIME OF ALLEGED CRIME AND THEREFORE REBUTTABLY PRESUMED TO BE INCAPABLE OF FORMING CRIMINAL INTENT.
3
RESULT OF CONTRACT REFORMATION
- COURT REWRITES CONTRACT
- TO REFLECT PARTIES’ INTENT
- BECAUSE THE ORIGINAL CONTRACT DID NOT DO SO.
2
MBE MISSED - UNDER RETREAT DOCTRINE, DEFENDANT IS NOT UNDER THE OBLIGATION TO RETREAT WHERE DEFENDANT IS NOT
- THE AGRESSOR
- USING EXCESSIVE OR DEADLY FORCE
1
MBE MISSED - FOR DOCTOR PATIENT PRIVILEGE - THE PRIVILEGE MUST BE ASSERTED BY THE
- PATIENT.
3
DEFENSE TO SPECIFIC PERFORMANCE -
DISPROPORTIONATE HARDSHIP - COURT WILL NOT ORDER SPECIFIC PERFORMANCE WHERE
- HARDSHIP CAUSED TO DEFENDANT AND PUBLIC
- GREATLY OUTWEIGHS HARDSHIP TO PLAINTIFF
- IF SPECIFIC PERFORMANCE NOT GRANTED
2
SPECIAL DAMAGES
- UNIQUE TO THE SPECIFIC PLAINTIFF
- ECONOMIC
2
MITIGATING FACTORS FOR HOMICDE
- MITIGATING FACTORS ARE CONSIDERATION NOT AMOUNTING TO COMPLETE DEFENSES
- WEIGHED BY TEH JURY WHEN DETERMINING DEGREE OR TYPE OF HOMICIDE FOUND.
1
LAPSE EFFECT ON CLASS GIFT
- AT COMMON LAW, LAPSED SHARE WOULD BE DIVIDED AMONG REMAINING BENEFICIARIES
2
REMEDIES FOR AMELIORATIVE WASTE CAUSED BY LIFE TENANT
- NO DAMAGES BECAUSE NO DIMINUTION IN VALUE
- INJUNCTION MAY BE GRANTED
3
FEDERAL TRANSFER OF VENUE STANDARD
- COURT LOOKS TO INTERESTS OF JUSTICE
- PUBLIC FACTORS - BURDEN TO COMMUNITY, CHOICE OF LAW
- PRIVATE FACTORS - CONVENIENCE, LOCATION OF EVIDENCE AND WITNESSES
2
CA REQUIREMENT WHERE ADVERTISEMENT LISTS CASE RESULTS
- MUST STATE THAT RESULTS ARE NOT TYPICAL
- OR PREDICTION OF FUTURE RESULTS
2
AGENT’S LINGERING APPARENT AUTHORITY TO TRANSACT WITH THIRD PARTIES PREVIOUSLY TRANSACTED WITH TERMINATES WHEN
- THIRD PARTIES RECEIVE ACTUAL NOTICE OF AGENCY TERMINATION
- OR CONSTRUCTIVE NOTICE OF AGENCY TERMINATION
3
MBE MISSED - TO BE CONSTITUTIONAL, A STATE LAW MUST
- BE ENACTED WITHIN THE STATE’S POWERS
- NOT VIOLATE ANY CITIZEN’S CONSTITUTIONAL RIGHTS
- NOT IMPROPERLY BURDEN INTERSTATE COMMERCE
2
SILA SEARCH - VEHICLE - POLICE MAY SEARCH
- CAR
- ALL OF THE COMPARTMENTS
3
ACCOMPICE LIABILITY - THE PRINCIPAL IS THE PARTY WHO
- ACTUALLY COMMITS THE CRIME
- AND IS PRESENT AT THE CRIME
- OR HAS AN INNOCENT PARTY COMMIT THE CRIME FOR HIM.
7
CLASSIFICATIONS OF SEPARATE PROPERTY
- PROPERTY OWNED BY SPOUSE BEFORE MARRIAGE
- GIFT
- BEQUEST
- DEVISE
- DESCENT
- RENTS, ISSUES AND PROFITS OBTAINED FROM SP
- PROPERTY ACQUIRED AFTER PERMANENT SEPARATION
1
MINIMUM CONTACTS - SPECIFIC JURISDICTION
- CLAIM IS DIRECTLY RELATED TO DEFENDANT’S CONTACT WITH THE FORUM STATE
2
PRIORITY OF PLAINTIFF IN TAKING PROPERTY THROUGH CONSTRUCTIVE TRUST OR EQUITABLE LIEN
- BFP W/OUT NOTICE TAKES OVER PLAINTIFF
- PLAINTIFF TAKES OVER UNSECURED CREDITORS
1
RAPE SHIELD - CEC- DEFENDANT MAY ONLY USE INSTANCES OF PLAINTIFF’S FORMER SEXUAL CONDUCT TO PROVE
- PRIOR INSTANCES OF SEXUAL CONTACT WITH DEFENDANT
2
DEFENSE OF DWELLING - CALIFORNIA - DEADLY FORCE MAY BE USED WHERE
- UNLAWFUL FORCED ENTRY INTO DWELLING
- REASONABLE BELIEF OF IMMINENT THREAT OF INJURY OF DEATH OR INJURY TO SELF OR FAMILY
7
FEDERAL 12(B)(6) GROUNDS FOR DISMISSAL
- LACK OF SMJ
- LACK OF PJ
- LACK OF PROPER VENUE
- INSUFFICIENT PROCESS
- INSUFFICIENT SERVICE OF PROCESS
- FAILURE TO STATE A CLAIM
- FAILURE TO JOIN AN INDISPENSIBLE PARTY
4
CATEGORIES OF PARTIES WHO
VIOLATE 10b-5 (INSIDE TRADING)
- DIRECT TRADING INSIDER
- TIPPER
- TIPPEES
- MISSAPPROPRIATORS
1
AN ATTORNEY MAY NOT MAKE EXTRAJUDICIAL STATEMENTS WHERE
- THEY ARE LIKELY TO MATERIALLY PREJUDICE THE CASE
2
EQUAL PROTECTION CLAUSE - INTERMEDIATE SCRUTINY REVIEW
- REGULATION FURTHERS AN IMPORTANT GOVERNMENT INTEREST
- BY MEANS THAT ARE SUBSTANTIALLY RELATED TO THAT INTEREST
2
LIABILITY FOR CONVERSION ARISES WHERE DEFENDANT
- INTENTIONALLY AND SUBSTANTIALLY INTERFERED WITH PLAINTIFF’S CHATTEL
- CAUSING DISPOSSESSION
4
COURT’S HAS POWER TO TERMINATE TRUST WHERE THERE IS
- FRUSTRATION OF PURPOSE
- IMPOSSIBLITY
- ILLEGALITY
- CHANGED CIRCUMSTANCES
3
EVALUATING WHETHER OR NOT ITEM IS A FIXTURE
- ITEM IS FIRMLY EMBEDDED IN PREMISES
- ITEM IS PARTICULARLY ADAPTED OR FITTED TO THE REAL ESTATE
- REMOVAL WOULD DESTROY CHATTEL OR HARM REAL ESTATE
7
PREMARITAL AGREEMENTS DEEMED INVOLUNTARY UNLESS
- SPOUSE TO BE HAD CAPACITY
- NO DURESS
- NO FRAUD
- NO UNDUE INFLUENCE
- PRESENTED WITH AGREEMENT AT LEAST SEVEN DAYS BEFORE SIGNING
- ADVISED TO SEEK INDEPENDENT COUNSEL
- WAIVED INDEPENDENT COUNSEL IN SEPARATE WRITING
1
NECKLACES
- GO ON YOUR NECK
3
ACCEPTANCE UNDER THE MAILBOX RULE
- UNDER THE MAILBOX RULE, ACCEPTANCE IS EFFEECTIVE UPON DISPATCH
- WHERE MADE IN THE MANNER SPECIFIED IN THE OFFER
- WHERE THE OFFER DOES NOT SPECIFY THE METHOD OF DISPACTCH, IT MUST BE MADE IN THE SAME OR FASTER METHOD AS THE OFFER WAS DISPATCHED.
1
CITIZENSHIP FOR UNINCORPORATED BUSINESSES
- COURT LOOKS AT CITIZENSHIP OF ALL PARTNERS
3
DEFENSE OF PROPERTY -DEFENDANT IS PRIVILEGED TO USE
- REASONABLE NONDEADLY FORCE
- TO PROTECT HIS
- OR OTHER’S PROPERTY FROM HARM.
4
COMMON LAW BURGLARY ELEMENTS
- A SPECIFIC INTENT CRIME
- OF BREAKING AND ENTERING THE DWELLING STRUCTURE OF ANOTHER
- AT NIGHT
- WITH THE INTENT TO COMMIT A FELONY
2
SARBANES-OXLEY - ENHANCED REPORTING REQUIREMENTS - LIABILITY FOR INACCURATE REPORTING OF AUDIT BOARD
- SENIOR EXECS ARE PERSONALLY LIABLE
- CEO AND CFO MUST REIMBURSE CORP FOR ANY INCENTIVE BASED COMPENSATION RECEIVED FOR 12 MONTHS AFTER INACCURATE REPORT FILING
1
MBE MISSED - CONGRESS MAY CONTROL FEDERAL COURT ORDERS BY
- RESTRICTING THE JURISDICTION OF APPELLATE COURTS
1
WHO HAS BURDEN OF PROOF WHERE SPOUSE CLAIMS SEPARATE PROPERTY IN COMMINGLED FUNDS
- SPOUSE ASSERTING SP
1
ANTI-SLAPP MOTION
- MOTION FILED IN A LAWSUIT ATTEMPTING TO QUELL SPEECH.
3
FIDUCIARY DUTIES OF LLC MEMBERS
WHICH DUTIES AND TO WHOM OWED
- DUTY OF CARE
- DUTY OF LOYALTY
- DUTIES OWED TO LLC AND LLC MEMBERS
3
EASEMENT DEFINITION
- A NON-POSSESSORY INTEREST IN ANOTHER’S LAND
- PERMITTING ITS HOLDER TO MAKE LIMITED USE OF THE LAND
- FOR A SPECIFIC PURPOSE.
2
EQUITABLE SERVITUDES - REQUIREMENTS FOR BENEFITS TO RUN WITH THE LAND
- INTENT
- TOUCH AND CONCERN
1
MBE MISSED - THE TORTIOUS BATTERY INTENT REQUIREMENT MAY BE SATISFIED BY
- THE INTENT TO COMMIT A TORTIOUS ASSAULT
1
WHEN SENTENCING TO DEATH, JURY MUST CONSIDER
- MITIGATING CIRCUMSTANCES
2
DEFENSE OF DWELLING - COMMON LAW - DEADLY FORCE COULD BE USED WHERE
- REASONABLY BELIEVED NECESSARY TO PREVENT A FORCEABLE INTRUSION
- WARNING HAD BEEN GIVEN TO INTRUDER NOT TO ENTER.
4
RESULTING TRUST TRIGGERS
- TRUST PURPOSE SATISFIED OR ENDS
- CY PRES DOCTRINE CAN’T FIX FAILED CHARITABLE TRUST
- ILLEGAL TRUST
- EXCESS CORPUS IN TRUST
1
OBJECTION - CALLS FOR SPECULATION IS USED WHERE A QUESTION INVITES A WITNESS TO TESTIFY
- BASED ON CONJECTURE
1
END OF EASEMENT - LIMITATION ON DESTRUCTION OF SERVIENT LAND ENDING EASEMENT
- WHERE DESTRUCTION WASN’T WILLFUL.
6
DE JURE CORPORATION (MA PAIN)
- MEETS STATUATORY REQUIREMENTS INCLUDING SOS FILING THAT DETAILS
- AUTHORIZED NUMBER OF SHARES
- PURPOSE OF CORP
- AGENT’S NAME AND ADDRESS
- INCORPORATOR’S NAME AND ADDRESS
- NAME OF CORPORATION
2
MBE - SEARCH WARRANTS REQUIREMENT FOR BUSINESSES
- ORDINARY BUSINESSES ARE NOT SUBJECT TO WARRANTLESS SEARCHES
- HEAVILY REGULATED INDUSTRIES CAN BE INSPECTED WITHOUT A WARRANT
3
ELEMENTS TRIGGERING
MARRIED WOMAN’S SPECIAL PRESUMPTION
- PROPERTY TAKEN IN WIFE’S NAME ALONE
- PRE-1975
- REBUTTABLY PRESUMED TO BE HER SEPARATE PROPERTY
4
TRIGGERS FOR QUALIFIED PRIVILEGE DEFENSE TO DEFAMATION
- COMMUNICATION APPEARS REASONABLY NECESSARY TO PROTECT DEFENDANT’S OR THIRD PARTY’S LEGITIMATE INTERESTS
- PAST EMPLOYER’S REFERENCE
- NEWSWORTHY EVENTS
- REPORTS OF PUBLIC HEARINGS
1
ABA REQUIREMENTS FOR REPORTING ATTORNEY MISCONDUCT
- ATTORNEY MISCONDUCT MUST ALWAYS BE REPORTED
1
EQUAL PROTECTION CLAUSE - SUSPECT CLASSES RECEIVE THIS STANDARD OF REVIEW
- STRICT SCRUTINY
3
LEGAL RESTITUTION IS AWARDED WHERE
- DEFENDANT WAS UNJUSTLY ENRICHED
- JUSTICE DEMANDS PLAINTIFF IS COMPENSATED FOR DEFENDANT’S ENRICHMENT
- OR PLAINTIFF WANTS HIS PROPERTY BACK
2
DEGREE OF RELATION’S EFFECT ON ANTILAPSE
- ISSUE TAKES PER CAPITA WHERE SAME DEGREE OF RELATION
- WHERE MORE REMOTELY RELATED, PER CAPITA W/REPRESENTATION
2
MUTUALITY OF PERFORMANCE ELEMENTS
- PLAINTIFF HAS ALREADY PERFORMED
- OR COURT HAS POWER TO SECURE PERFORMANCE BY PLAINTIFF
2
FREE EXERCISE CLAUSE - LAWS OF GENERAL APPLICABILITY ALLOWED WHERE
- WHERE NOT INTENDED TO BURDEN RELIGIOUS BELIEFS
- WHERE ADVANCES IMPORTANT PUBLIC INTERESTS
1
UCC - RESULT OF VARYING TERMS WHEN BOTH PARTIES NOT MERCHANTS
- VARYING TERMS OF ACCEPTANCE WILL NOT BE INCLUDED IN THE CONTRACT.
1
FORECLOSURE DEFINITION
- SALE OF MORTGAGED LAND BY MORTGAGOR TO SATISFY MORTGAGE WHEN IT IS IN DEFAULT
2
CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATES ARE FREE TO REGULATE INTERSTATE COMMERCE WHERE THEY DO NOT
- DIRECTLY DISCRIMINATE AGAINST OUT OF STATE COMMERCE
- UNDULY BURDEN INTERSTATE COMMERCE
1
SPECIAL DAMAGES COMPENSATE FOR
- PECUNIARY LOSS
2
EXONERATION - ABATEMENT OF SPECIFIC GIFT TO EXONERATE AN ENCUMBRANCE ON ANOTHER SPECIFIC GIFT
- NOT ALLOWED
1
PANTS GO ON
LEGS
4
DEPENDANT RELATIVE REVOCATION NOT APPLICABLE WHERE SUBSEQUENT WILL IS INVALID DUE TO
- INEFFECTIVE EXECUTION
- FRAUD
- DURESS
- INFLUENCE
2
PRESENT SENSE IMPRESSION EXCEPTION
- STATEMENT MADE DESCRIBING OR EXPLAINING EVENT OR CONDITION
- MADE WHILE DECLARANT WAS PERCEIVING EVENT OR CONDITION, OR IMMEDIATELY THEREAFTER.
3
CA - LAWYER CAN MAKE PERSONAL LOANS TO CLIENT WHERE
- HIRED BY CLIENT
- AGREES TO REPAY IN WRITING
- LOAN IS NOT MADE TO SATISFY EXISTING DEBTS TO WIN BUSINESS OF CLIENT
2
REMEDY THEORIES TO USE WHEN SEEKING DAMAGES FOR REASONABLE RELIANCE ON REEPRESENTATION OF PRE-INCORPORATION PROMOTER
- QUASI-CONTRACT
- PROMOTER’S IMPLIED ADOPTION OF CONTRACT
1
ADVERSE POSSESSION - HOSTILE REQUIREMENT IS FULLFILLED WHERE OCCUPATION
- OCCURS WITHOUT OWNER’S PERMISSION
3
ATTRACTIVE NUISANCE DOCTRINE
- PROPERTY OCCUPIERS OWE A STRICT DUTY TO PROTECT CHILDREN LIKELY TO TRESPASS ON THE PROPERTY
- BY INSPECTING AND ELIMINATING ANY DANGEROUS CONDITIONS
- THAT MAY BE ATTRACTIVE TO CHILDREN MAY NOT FULLY APPRECIATE BECAUSE OF THEIR AGE
2
ADEMPTION OF SPECIFIC GIFTS
- SPECIFIC GIFTS ADEEM BY EXTINCTION
- COURT’S LOOK TO TESTATOR’S INTENT TO SEE WHAT BENEFICIARY ESTATES
2
COMMUNITY PROPERTY CONTRIBUTIONS
SPOUSE A USES CP TO IMPROVE TOWARD SPOUSE B’S SEPARATE PROPERTY -
OTHER PROPERTY (MINORITY VS. MAJORITY RULES)
- MAJORITY RULE - PRESUMED GIFT UNLESS WRITTEN AGREEMENT TO REIMBURSE
- MINORITY RULE - GIFT NOT PRESUMED AND REIMBURSEMENT GRANTED
2
CAPACITY REQUIREMENTS OF PRINCIPAL
- CAPACITY TO CONTRACT
- NO MINORS
3
EXCLUSIONARY RULE - PURGED TAINT EXCEPTION WILL APPLY WHERE THERE ARE
- TOO MANY INTERVENING FACTORS
- BETWEEN ORIGINAL ILLEGALITY
- AND THE FINAL DISCOVERY OF EVIDENCE
- MAKING LINK BETWEEN THE ORIGINAL ILLEGALITY AND THE DISCOVERY OF EVIDENCE TOO TENUOUS.
2
DEFENDANTS FOR THE CRIME OF RECEIVING STOLEN PROPERTY ARE THE DEFENDANTS
- RECEIVING PROPERTY KNOWN TO BE STOLEN
- PROVIDING PROPERTY KNOWN TO BE STOLEN
4
CONGRESSIONAL POWER - THESE FACETS OF INTERSTATE COMMERCE WILL TRIGGER COMMERCE CLAUSE
- CHANNELS OF INTERSTATE COMMERCE
- INSTRUMENTALITIES OF INTERSTATE COMMERCE
- PERSONS AND THINGS MOVING INTERSTATE COMMERCE
- ACTIVITIES INVOLVED IN INTERSTATE COMMERCE
1
WHEN DOES ATTORNEY OWE DUTIES TO CLIENT/POTENTIAL CLIENT
- AS SOON AS AN ATTORNEY-CLIENT RELATIONSHIP IS FORMED
3
OFFICERS AND DIRECTORS - UNDER THE DUTY OF DISCLOSURE, OFFICERS AND DIRECTORS MUST
- DISCLOSE ALL MATERIAL INFORMATION
- RELEVANT TO CORPORATION
- TO THE BOARD OF DIRECTORS
3
SILA SEARCH - CAUSE NEEDED FOR PROTECTIVE SWEEP
- REASONABLE BELIEF
- BASED ON SPECIFIC AND ARTICULABLE FACTS
- OTHER DANGEROUS INDIVIDUALS ARE PRESENT.
2
DIFFERENCE BETWEEN AGENT AND AN INDEPENDENT CONTRACTOR
- PRINCIPAL CONTROLS METHOD AND MANNER OF AGENT’S PERFORMANCE
- PRINCIPAL CANNOT CONTROL METHOD AND MANNER OF INDEPENDENT CONTRACTOR’S PERFORMANCE
1
FEDERAL TIME LIMITS TO FILE APPEAL
- 30 DAYS AFTER ENTRY OF JUDGMENT
1
EQUAL PROTECTION CLAUSE - STRICT SCRUTINY REVIEW STANDARD
- NECESSARY TO ACHIEVE A COMPELLING GOVERNMENT INTEREST
3
COMMON LAW ARSON
- COMMON LAW ARSON IS A GENERAL INTENT CRIME
- DONE BY MALICIOUSLY BURNING
- THE DWELLING STRUCTURE OF ANOTHER.
3
RULE 26 MANDATORY DISCLOSURES
- INITIAL DISCLOSURES SUPPLYING INFORMATION ABOUT DISPUTED FACTS
- EXPERT WITNESS DISCLOSURES
- PRETRIAL DISCLOSURES
5
REAL COVENANT - REQUIREMENTS FOR THE BURDEN TO RUN WITH THE LAND
- NOTICE
- INTENT
- TOUCH AND CONCERNS
- VERTICAL PRIVITY
- HORIZONTAL PRIVITY
3
STANDING - THIRD PARTY
- INDIVIDUAL STANDING
- PLAINTIFF HAS SPECIAL RELATIONSHIP WITH THIRD PARTY
- THIRD PARTY CANNOT ASSERT HIS OWN RIGHTS
1
CROSS-CLAIMS AND COUNTERCLAIMS FOR AGGREGATION OF CLAIMS TO GET TO 75,000 FOR DIVERSITY
- NOT ALLOWED.
1
COURT’S LIKELIHOOD TO INTERVENE WHERE BOTH PARTIES ENTER A CONTRACT WITH EQUAL GUILT
- WHERE BOTH PARTIES ENTER THE CONTRACT WITH EQUAL AMOUNTS OF GUILT, THE COURT WILL NOT INTERVENE.
2
AN ATTORNEY MAY MAKE PUBLIC STATEMENTS ABOUT THE CASE WHERE
- INFORMATION IS ALREADY GENERALLY KNOWN
- DAMAGE CONTROL ON OPPOSING COUNSEL’S STATEMENTS
3
EQUITABLE LIEN - WHERE PLAINTIFF TRACES WRONGFUL TAKEN FUNDS TO A COMMINGLED ACCOUNT
- LOWEST INTERMEDIATE BALANCE RULE APPLIES
- PLAINTIFF RECEIVES ACTUAL MONEY OWNED
- SANS INCREASE
2
DIRECT TRACING
- ADVOCATING SPOUSE SHOWS SUFFICIENT SP FUNDS AVAILABLE AT THE TIME OF PROPERTY’S PURCHASE
- AND INTENT TO USE FUNDS TO PURCHASE PROPERTY AS AN SP ASSET
4
MALICE FOR MURDER IS THE INTENT TO
- TO KILL
- COMMIT SERIOUS BODILY INJURY
- COMMIT AN INHERENTLY DANGEROUS FELONY (FELONY MURDER RULE)
- CREATE EXTREME RISK TO HUMAN LIFE WITH AN AWARENESS AND CONSCIOUS DISREGARD FOR THAT RISK (DEPRAVED HEART MURDER).
2
DIVERSITY JURISDICTION AND WORKER’ COMPENSATION CASES
- WORKERS’ COMPENSATION CASES MAY NOT BE REMOVED TO ANY DISTRICT COURT
- DIVERSITY JURISDICTION NOTWITHSTANDING.
1
TENANCY AT WILL DURATION MAY BE
- ANY PERIOD OF TIME
2
PERSONAL SERVICE ELEMENTS
- OCCURS WHEN PERSONAL DELIVERY IS MADE TO DEFENDANT
- PERSONAL SERVICE IS ALWAYS ADEQUATE SERVICE.
2
SUPPORT TRUST ELEMENTS
- DIRECTS TRUSTEE TO MAKE LIMITED DISTRIBUTIONS
- FOR BENEFICIARY’S SUPPORT
1
FEDERAL INTERROGATORY LIMITS
- ONLY 25 INTERROGATORIES
3
LIABILITY FOR BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY ARISES WHERE DEFENDANT IS
- MERCHANT SPECIALIZING IN THE TYPE OF GOODS SOLD
- GOODS ARE NOT OF THE AVERAGE ACCEPTABLE QUALITY
- OR NOT FIT FOR GENERAL INTENDED PURPOSE OF GOODS
2
16B GOVERNANCE OF SHORT SWING PROFITS
OFFICERS & DIRECTORS
VS.
10 PERCENT OR MORE SHAREHOLDERS
- OFFICERS & DIRECTORS - IN POSITION AT EITHER TIME OF SALE OR PURCHASE
- 10 PERCENT SHAREHOLDERS - IN POSITION AT BOTH PURCHASE AND SALE
4
GROUNDS FOR MOTION TO SET ASIDE JUDGMENT - CA
- MISTAKE
- INADVERTANCE
- EXCUSABLE NEGLECT
- SURPRISE
1
JUDICIAL POWERS - SUPREME COURT WON’T HEAR A CASE WHERE THERE WERE THESE TYPE OF GROUNDS FOR THE STATE COURT DECISION.
- ADEQUATE
- INDEPENDENT
2
VALID WILL - INTERESTED WITNESSES CREATING REBUTTABLE PRESUMPTION OF INTENT IS REBUTTED WHERE
- TWO OTHER DISINTERESTED WITNESSES PRESENT
- WITNESSES ARE PRESENT IN FIDUCIARY CAPACITY
2
MBE MISSED - ELEMENTS NEEDED FOR FRUSTRATION OF PURPOSE EXCUSING PERFORMANCE OF LEASE ON PARTIALLY CONDEMNED PROPERTY
- FRUSTRATION MUST BE COMPLETE OR ALMOST COMPLETE
- TENANT MUST NOT HAVE BEEN COMPENSATED FOR INTEREST IN PROPERTY
1
ATTORNEY WORK PRODUCT - FEDERAL - ABSOLUTE PRIVILEGE IS APPLIED TO ATTORNEY’S
- MENTAL IMRESSIONS.
2
PRIVATE ACTOR IMPLICATES STATE ACTION WHERE
- PERFORMING TRADITIONALLY PUBLIC FUNCTION
- STATE ENTANGLED ITSELF IN PRIVATE ACTIVITY
4
PURCHASE MONEY RESULTING TRUST ELEMENTS
- BENEFICIARY PAYS CONSIDERATION FOR PROPERTY
- TITLE IS TAKEN IN THE NAME OF THIRD PARTY
- THIRD PARTY BECOMES TRUSTEE
- OF PROPRERTY NOW CONSIDERED TO BE IN PURCHASE MONEY RESULTING TRUST
4
LARCENY BY TRICK IS THE CRIME OF
- KNOWINGLY USING A FALSE PROMISE OR STATEMENT
- WITH THE SPECIFIC INTENT OF INDUCING VICTIM TO GIVE DEFENDANT POSSESSION OF VICTIM’S PERSONAL PROPERTY
- TO PERMANENTLY DEPRIVE VICTIM OF HIS POSSESSORY INTEREST IN THE SAME.
2
SHAREHOLDER - VOTING BY PROXY - REVOCABLE VS. IRREVOCABLE
- REVOCABLE PROXY CREATES AGENCY RELATIONSHIP
- IRREVOCABLE PROXY CREATED BY INTEREST OR EXCHANGE OF CONSIDERATION
3
RESCUER DOCTRINE - LIABILITY FOR BREACH MAY ARISE WHERE
- DEFENDANT CREATED IMMINENT PERIL OR APPEARANCE OF IMMINENT PERIL TO SELF OR OTHERS
- REASONABLY RECOGNIZABLE TO THIRD PARTY
- CAUSING PLAINTIFF TO REASONABLY ATTEMPT RESCULE
2
COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -
WHEN TO USE PEREIRA
- MOST VALUABLE FACTOR OF APPRECIATION WAS SPOUSE’S LABOR
- FAVORS COMMUNITY
3
CONSIDERATION REQUIRED FOR STOCK SHARES (AT COMMON LAW)
- ANY INTANGIBLE OR TANGIBLE BENEFIT TO CORP
- CANNOT BE FUTURE SERVICES
- CANNOT BE UNSECURED DEBT
2
MBE MISSED - STRICT LIABILITY PRODUCT DEFECT - DEFENDANT CAN ONLY BE LIABLE WHERE PRODUCT WAS DEFECTIVE
- WHEN IT LEFT DEENDANT’S CONTROL
- AND NOT EXPECTED TO UNDERGO SIGNIFICANT CHANGES BEFORE USING END CONSUMER
1
FRAUD PREVENTING REVOCATION OF WILL OCCURS WHEN
- FRAUD IS IMPLEMENTED TO PREVENT REVOCATION
1
ABA - EXCEPTIONS TO CONFIDENTIALITY REQUIREMENT
- TO PREVENT CLIENT’S DEATH OR SERIOUS BODILY HARM
2
PRIORITY OF LIENS AGAINST PROPERTY
- USUALLY IN CHRONOLOGICAL ORDER
- PURCHASE MONEY MORTGAGE GETS FIRST PRIORITY
1
GELATIN
- IS MADE FROM HORSES
2
TRUSTEE CAN’T OFFSET LOSSES FOR BREACH
- WHERE ONE BREACH CAUSES LOSS
- AND ANOTHER BREACH CAUSES GAIN
3
DEFENSES TO DEFAMATION
- ABSOLUTE PRIVILEGE
- QUALIFIED PRIVILEGE
- TRUTH
3
ERIE DOCTRINE DEFINITION
- FEDERAL COURTS EXERCISING DIVERSITY JURISDICTION ARE REQUIRED TO APPLY
- STATE LAW TO ISSUES OF SUBSTANCE
- AND FEDERAL LAWS TO ISSUES OF PROCEDURE.
1
WAIVER OF LIABILITY OF ATTORNEY THROUGH FEE AGREEMENT IN EXCHANGE FOR REDUCED FEE
- OK WHERE CLIENT HAS INDEPENDENT COUNSEL BEFORE SIGNING FEE AGREEMENT
2
FIFTH AMENDMENT - MIRANDA INVOCATION AND INTERROGATION FOR OTHER OFFENSES
- UNDER THE 5TH AMENDMENT
- INVOCATION OF COUNSEL MANDATES POLICE STOP INTERROGATION REGARDING ANY CRIMINAL OFFENSE
2
CONSTRUCTIVE SERVICE - REGISTERED MAIL
- DEFENDANTS MAY BE SERVED BY REGISTERED MAIL
- IF THEY AGREED TO WAIVE SERVICE OF PROCESS.
1
TENDER OFFER
- AN OFFER TO PURCHASE A CONTROLLING PERCENTAGE OF SHARES IN A CORPORATION
2
A LAND SALE CONTRACT DOES NOT CONTAIN THIS IMPLIED WARRANTY
- IMPLIED WARRANTY OF FITNESS
- UNLESS IT IS A NEW HOME BEING SOLD BY THE BUILDER
2
QUORUM OF BOARD OF DIRECTORS - A QUORUM IS A
- MAJORITY OF THE BOARD
- WHO DOES NOT HAVE INTEREST IN ACTION
1
LIABILITY OF NEW TENANT TO LANDLORD FOR SUBLEASE RENTAL PAYMENTS
- NEW TENANT IS NOT LIABLE TO LANDLORD FOR SUBLEASE RENTAL PAYMENTS BECAUSE NO PRIVITY OF ESTATE.
3
EXHAUSTION METHOD
- FUNDS IN COMMUNITY ACCOUNT DEPLETED
- ONLY FUNDS IN SP ACCOUNT AVAILABLE
- WHEN PROPERTY PURCHASED
5
FIRST AMENDMENT - FREEDOM OF ASSOCIATION - CONSTITUTIONALLY PROTECTED ACTIVITIES
- SPEECH
- ASSEMBLY
- PRESS
- SEEKING GOVERNMENT REDRESS
- FREE EXERCISE OF RELIGION
2
MODERN ARSON
- MODERNLY, THE CRIME OF ARSON HAS BEEN EXPANDED TO INCLUDE
- MALICIOUS BURNING OF STRUCTURES, LAND AND PROPERTY.
2
DISTRIBUTION OF ASSETS AT DEATH - SPOUSES’ RIGHTS TO QCP
- DECEDENT DOES NOT HAVE 1/2 INTEREST IN SURVIVING SPOUSES QCP
- SURVIVING SPOUSE DOES HAVE 1/2 INTEREST IN DECEDENT’S QCP
1
EFFECT OF ONE LAWYER’S COI ON THE ENTIRE FIRM
- ONE LAWYER’S COI DISQUALIFIES ENTIRE FIRM
4
FUNDAMENTAL RIGHTS TRIGGERING SUBSTANTIVE DUE PROCESS
- MARRIAGE
- FAMILY
- CHILDBEARING
- CHILDREARING
1
FREE SPEECH REGULATION LIMITATION - OVERBROAD
- BANS PROTECTED AND UNPROTECTED SPEECH
4
CA ALLOWS STRANGER TO USE COLLATERAL ESTOPPEL WHERE
- ISSUES IN BOTH CASES ARE IDENTICAL
- VALID JUDGMENT ON THE MERITS IN FIRST CASE
- PARTY AGAINST WHOM CE IS SOUGHT WAS A PARTY/PRIVY IN FORMER CASE WHO HAD FAIR OPPORTUNITY TO BE HEARD
- IT IS NOT UNFAIR OR INEQUITABLE TO APPLY CE
5
ATTORNEY WORK PRODUCT - CALIFORNIA - ABSOLUTE PRIVILEGE APPLIES TO PRODUCT PREPARED IN ANTICIPATION OF LITIGATION THAT REFECLT’S ATTORNEY’S
- IMPRESSIONS
- CONCLUSIONS
- OPINIONS
- LEGAL RESEARCH
- THEORIES
2
A TENANCY IS CREATED WHERE THE LANDOWNER CONVEYS
- LESSER INTEREST IN THE PROPERTY
- THAN WHAT HE OWNS
3
FUTURE COVENANTS OF TITLE CONTAINED IN WARRANTY DEED
- WARRANTY OF TITLE - PROMISE TO DEFEND SHOULD THERE BE ANY LAWFUL CLAIMS ON TITLE
- QUIET ENJOYMENT - NO DISTURBANCES IN POSSESSION BY ANY CLAIMS ON TITLE
- FURTHER ASSURANCES - WHATEVER FUTURE ACTS OR NECESSARY TO PERFECT TITLE
1
FIDUCIARY DUTY OWED TO CORPORATE BONDHOLDER
NONE
1
CALIFORNIA - FINAL JUDGMENT RULE AND JOINT AND SEVERAL LIABILITY - JUDGMENT AGAINST ONE OF THE SEVERAL PARTIES IS
- FINAL JUDGMENT
2
REMEDIES FOR PERMISSIVE WASTE
- COST OF REPAIR
- INJUNCTION USUALLY NOT ORDERED BECAUSE ENFORCEMENT TOO DIFFICULT
4
REQUIREMENTS FOR PROVING INTENT TO CREATE
A TESTAMENTARY TRUST
- INTENT MANIFESTED ON FACE OF WILL
- DOCUMENTS INCORPORATED INTO WILL
- ACTS OF INDEPENDENT SIGNFICANCE
- IDENTIFYING OR APPOINTING
4
GROUNDS FOR MOTION TO SET ASIDE JUDGMENT - FEDERAL
- CLERICAL ERRORS
- NEGLECTFUL MISTAKES
- NEW DISCOVERED EVIDENCE THAT WOULD NOT REASONABLY DISCOVERED IN PREVIOUS TRIAL
- FRAUD
- VOID JUDGMENT
- PREVIOUS JUDGMENT CAUSING JUDGMENT IS SATISFIED
- ANY OTHER REASON JUSTIFYING RELIEF
1
TRANSFER OF EASEMENTS - WHEN A DOMINANT ESTATE TRANSFERS, THE EASEMENT IS
- APPURTENANT - RUNS WITH THE LAND
1
DEFAMATION - TO BE A PUBLIC FIGURE, AN INDIVIDUAL MUST
- AFFIRMATIVELY ACT TO STEP INTO THE SPOTLIGHT
3
TYPES OF RECORDING ACTS
- NOTICE STATUTE
- RACE STATUTE
- RACE-NOTICE STATUTE
1
ALL NON-TESTIMONIAL EVIDENCE MUST BE ______ TO BE ADMITTED
- AUTHENTICATED
6
ORDER OF ANALYZING ASSETS FOR COMMUNITY PROPERTY ESSAYS (NO GOOD SPOUSE SHOULD ACTUALLY DIVORCE)
- NAME OF ASSET
- GENERAL PRESUMPTION
- SPECIAL PRESUMPTION
- STATUATORY PRESUMPTION
- ACTIONS TAKEN
- DISPOSITION OF ASSET
4
LAPSE (BENEFICIARY DEATH)
- BENEFICIARY PREDECEASES TESTATOR
- GIFT TO BENEFICARY LAPSES AND FALLS INTO RESIDUE
- OR DISTRIBUTED VIA INTESTATE SUCCESSION
- AT COMMON LAW AND MINORITY OF JURISDICTIONS
1
TORT - GROSS NEGLIGENCE OCCURS WHERE DEFENDANT
- DELIBERATELY BREACHED A PREEXISTING DUTY
3
PRIOR CONSISTENT STATEMENT AND HEARSAY
- NOT HEARSAY WHERE CONSISTENT STATEMENT OFFERED TO REBUT A CHARGE OF RECENT FABRICATION
- MUST BE MADE BEFORE MOTIVE TO LIE CAME INTO BEING
- STATEMENT DOES NOT NEED TO HAVE BEEN MADE UNDER OATH
4
UNDER THE PINKERTON RULE, EACH MEMBER OF A CONSPIRACY IS
- VICARIOUSLY LIABLE
- FOR THE CRIMINAL ACTS OF CO-CONSPIRATORS
- WHERE THOSE ACTS WERE REASONABLY FORESEEABLE
- AND DONE IN FURTHERANCE OF THE CRIMINAL OBJECTIVE.
2
CONSPIRACY - MODERN OVERT ACT REQUIREMENT
- MODERNLY, MOST JURISDICTIONS REQUIRE AN OVERT ACT BE COMMITTED
- IN FURTHERANCE OF THE CONSPIRACY’S CRIMINAL OBJECTIVE.
3
TRANSMUTATION TO 3RD PARTIES
- NOT EFFECTIVE
- WITHOUT NOTICE
- UNLESS RECORDED
3
PATDOWN - PLAIN FEEL DOCTRINE
- DURING LAWFUL PAT-DOWN
- OFFICER FEELS SOMETHING IMMEDIATELY RECOGNIZABLE AS CONTRABAND
- OFFICER CAN SEIZE THE ITEM.
6
FORMATION OF LIMITED PARTNERSHIPS REQUIREMENTS
- FILE LIMITED PARTNERSHIP CERTIFICATE W/STATE
- NAME - MUST INCLUDE LP
- AGENT’S NAME AND ADDRESS
- GENERAL PARTNERS NAMES AND ADDRESSES
- RECORDS MAINTAINED IN STATE OF FORMATION
- IF NOT DONE CORRECTLY LP BECOMES GP
2
COVENANT
- PROMISE CONTAINED IN A CONTRACT
- LESSER THAN A MATERIAL CONDITION
3
DISTRIBUTION OF ASSETS AT DIVORCE - TWO MARRIAGES
- JURISDICTIONAL SPLIT
- SOME JURISIDICTIONS DIVIDE ASSETS EQUALLY BETWEEN ALL SPOUSES
- SOME JURISDICTIONS DIVIDE ASSETS EQUALLY BETWEEN INNOCENT SPOUSES
3
TENTH AMENDMENT ELEMENTS
- POWERS NOT DELEGATED TO FEDERAL GOVERNMENT
- OR PROHIBITED BY U.S. CONSTUTION
- ARE RESERVED FOR THE STATES
1
FEE SIMPLE ABSOLUTE CONVEYS
- ABSOLUTE OWNERSHIP OF POTENTIALLY INFINITE DURATION.
3
GENERAL WARRANTY DEED CONTAINS
- WARRANTY AGAINST DEFECTS IN TITLE
- THREE PRESENT COVENANTS OF TITLE
- THREE FUTURE COVENANTS OF TITLE
2
ARTICLE III - COURT ALLOWED TO MAKE DECLARATORY JUDGMENTS WHERE THEY
- CLARIFY LEGAL EFFECT OF A REGULATION
- AFFIRM RIGHTS, DUTIES OR OBLIGATIONS OF PARTIES IN CIVIL DISPUTE
2
MBE MISSED - ANIMALS ON FEDERAL LAND ARE PROTECTED BY CONGRESS’ POWER TO DO THIS REGARDING FEDERAL LANDS
- DISPOSE OF AND
- MAKE ALL NEEDFULL RULES AND REGULATIONS
5
FEDERAL CLASS ACTION REQUIREMENTS
CAN’T -C
- NUMEROSITY
- COMMONALITY
- TYPICALITY
- ADEQUACY
- CLASS TYPE REQUIREMENTS
1
TRANSMUTATION AND COMMUNITY PROPERTY LAW
- CHANGE THE ESTATE OR OWNERSHIP CHARACTERIZATION OF AN ASSET
1
DUTY OF LOYALTY FACTORS - LAWYER MUST NOT
DEVELOP OR MAINTAIN AN INTEREST THAT IS ADVERSE TO HER CLIENT
3
REIMBURSEMENT RIGHTS OF SEPARATE ESTATE FOR CONTRIBUTIONS TO COMMUNITY ESTATE
- WITHOUT INTEREST
- WHERE FUNDS TRACEABLE
- ONLY FOR DIP
3
RECORDS OF VITAL STATISTICS EXCEPTION
- RECORDS OF DEATHS, BIRTHS AND MARRIAGES NON HEARSAY
- WHERE REPORT MADE TO PUBLIC OFFICE
- IN ACCORDANCE WITH REQUIREMENTS OF LAW
3
TYPES OF CORPORATE DISSOLUTION
- VOLUNTARY
- ADMINISTRATIVE
- JUDICIAL
4
LANDLORD/TENANT QUESTIONS/DEFENSES TO PAY RENT
- IMPLIED COVENANT OF QUIET ENJOYMENT
- CONSTRUCTIVE EVICTION
- IMPLIED WARRANTY OF HABITABILITY
- BREACH OF EXPRESS REAL COVENANT
1
NONPUBLIC GOVERNMENT PROPRETY AS A FORUM FOR SPEECH
- NONPUBLIC GOVERNMENT PROPERTY IS NOT OPEN TO SPEECH
5
LIABILITY FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS ARISES WHERE DEFENDANT
- INTENTIONALLY ACTS IN AN EXTREME OUTRAGEOUS MANNER
- INTENDING TO CAUSE
- OR WITH RECKLESS DISREGARD OF THE PROBABLITY OF CAUSING
- EXTREME EMOTIONAL DISTRESS
- CAUSING PLAINTIFF EXTREME EMOTIONAL DISTRESS
3
CA COMMUNITY PROPERTY - SPOUSE’S WRITTEN CONSENT IS NEEDED WHEN OTHER SPOUSE MAKES DISPOSAL OF
- FAMILY DWELLING’S PERSONAL PROPERTY
- OTHER SPOUSE’S CLOTHING
- CHILDREN’S CLOTHING
3
FIGURING OUT WHO OWNS UNTITLED PROPERTY IN A PARTNERSHIP
- WERE PARTNERSHIP FUNDS USED TO ACQUIRE, IMPROVE OR MAINTAIN?
- WAS THERE A CLOSE RELATIONSHIP BETWEEN THE PROPERTY AND BUSINESS?
- DID THE PARTNERSHIP LIST THE PROPERTY ON ITS BOOKS?
5
APPORTIONING SHARES OF BUSINESS VALUE APPRECIATION AFTER SEPARATION - WHEN SP CONTRIBUTES TO A CP BUSINESS
REVERSE PEREIRA FORMULA
- COMMUNITY GETS VALUE OF CP BUSINESS AT TIME OF SEPARATION
- PLUS REASONABLE RATE OF RETURN
- MULTIPLIED BY THE NUMBER OF YEARS BUSINESS SPOUSE WORKED AT BUSINESS AFTER SEPARATION
- SUBTRACTED FROM INCREASED PRESENT AMOUNT OF VALUE IN BUSINESS
- REMAINDER GOES TO BUSINESS SPOUSE
1
SARBANES-OXLEY - ENHANCED REPORTING REQUIREMENTS - CORPORATION MUST HAVE AN
- AUDIT BOARD
2
SPOUSAL SUPPORT MAY BE WAIVED THROUGH PREMARITAL AGREEMENT IF
- AGREEMENT IS NOT UNCONSCIONABLE
- IF WAIVING SPOUSE REPRESENTED BY HER OWN COUNSEL WHEN SIGNING AGREEMENT
1
SLANDER/DEFAMATION
- AN ORAL FALSE STATEMENT OF MATERIAL FACT TRANSITORY IN NATURE
2
PERMISSIVE WITHDRAWAL BASED ON FINANCIAL BURDEN ONCE THE CASE IS IN LITIGATION
- WHERE AN UNREASONABLE FINANCIAL BURDEN EXISTS
- ONCE COURT APPROVAL IS GIVEN
1
TAKINGS CLAUSE - PUBLIC USE MUST BE
- RATIONALLY RELATED TO A CONCEIVABLE PUBLIC PURPOSE OR BENEFIT
4
AGGRAVATED BATTERY
- AGGRAVATED BATTERY IS A GENERAL INTENT CRIME
- DONE TO CAUSE
- THAT DOES CAUSE AN UNCONSENTED APPLICATION OF FORCE BY USING A WEAPON ON
- VICTIM’S PERSON.
1
MBE MISSED - UNKNOWN TRESPASSER IS OWED
- NO DUTY
2
WHEN MAY CORPORATE OFFICER OR DIRECTOR PERSONALLY ACCEPT BUSINESS OPPORTUNITY?
- AFTER FULL DISCLOSURE OF MATERIAL FACTS TO BOARD OF DIRECTORS.
- BOARD VOTES AND MAKES GOOD FAITH REJECTION
3
DISCRETIONARY SUPPORT TRUST - TRUSTEE HAS AUTHORITY TO
- DISTRIBUTE
- OR WITHHOLD
- PAYMENTS
1
NEW YORK TIMES BURDEN OF PROOF FOR DEFAMATION FOR A PUBLIC OFFICIAL
- STATEMENT WAS MADE WITH ACTUAL MALICE
2
DUTY OF CONFIDENTIALITY - ATTORNEY MAY NOT DISCLOSE CLIENT COMMUNICATIONS MADE DURING REPRESENATION THROUGHOUT IN THESE TIME PERIODS
- DURING REPRESENTATION
- AFTER REPRESENTATION
2
DISSENTING SHAREHOLDER’S PAYMENT FOR SHARES
- FAIR MARKET VALUE OF SHARES
- INTEREST
3
ENFORCEABILITY OF DELEGATION AGAINST DELEGATOR
- A PROMISOR/DELEGATOR RETAINS PRIMARY LIABILITY TO THE PROMISEE
- UNLESS PROMISOR DELEGATOR GIVES DELAGATEE CONSIDERATION
- FORMING A NEW CONTRACT WITH ORIGINAL PROMISEE AS A THIRD PARTY BENEFICIARY WITH FULL ENFORCEMENT RIGHTS
3
BARS TO THE GOOD FAITH WARRANT EXCEPTION
- AFFIANT KNEW INFORMATION PROVIDED WAS FALSE
- AFFIANT WAS RECKLESS IN EVALUATING PROBABLE CAUSE VALUE OF INFORMATION
- MAGISTRATE’S RELIANCE ON AFFADAVIT WAS UNREASONABLE BASED ON LACK OF PROBABLE CAUSE.
3
LIABILITY FOR NEGLIGENCE PER SE ARISES WHERE DEFENDANT
- BREACHES A DUTY CREATED BY STATUTE
- STATUE ENACTED TO PROECT GROUP OF PEOPLE OF WHICH PLAINTIFF IS A MEMBER
- STATUTE TO CREATED TO PREVENT TYPE OF INJURY PLAINTIFF SUFFERED
7
SP EXPENDITURES MADE TO BENEFIT CP REAL ESTATE
ANTI-LUCAS 2
- 1987 ONWARD
- ANY PROPERTY PURCHASED WITH SP
- BUT JOINTLY HELD TITLE
- PRESUMED CP
- UNLESS AGREED IN WRITING OTHERWISE
- OR CLEARLY STATED IN DEED
- RIGHT OF REIMBURSEMENT OF SP FOR DIP.
3
MODERN VIEW OF LANDLORD’S DUTIES TO THE CONDITION OF THE PREMISES
- MAINTAIN COMMON AREAS
- FIX LATENT DEFECTS OF WHICH LANDLORD HAS KNOWLEDGE
- MAKE REPAIRS IN A NONNEGLIGENT FASHION
1
MBE - TESTIMONY ABOUT DEFENDANT’S GOOD CHARACTER USING SPECIFIC INSTANCES OF CONDUCT IS PROHIBITED UNLESS
- THE CHARACTER TRAIT IS AN ESSENTIAL ELEMENT OF A CHARGE, CLAIM OR DEFENSE.
1
DUTIES OF A PRINCIPAL
- ALL DUTIES IMPOSED BY THE CONTRACT
1
MULTIPLE ACTS AND ACTUAL CAUSES - EACH DEFENDANT MUST SHOW
- HIS NEGLIGENCE WAS NOT THE ACTUAL CAUSE OF THE INJURY
4
SHAREHOLDER RIGHTS - SHAREHOLDERS HAVE THE RIGHT TO
- ATTEND MEETINGS
- VOTE ON BOARD AND STRUCTURE CHANGES (WHERE ARTICLES ALLOW)
- INSPECT BOOKS WITH PROPER PURPOSE AND REASONABLE NOTICE
- DIVIDENDS (WHERE ARTICLES ALLOW)
4
IMPLIED IN LAW CONTRACT
- AN EQUITABLE CAUSE OF ACTION
- PLED WHERE NO EXPRESS OR IMPLIED IN FACT CONTRACT EXISTS
- WHERE MOVANT ACTS TO CONFER A BENEFIT ON RESPONDENT
- WITH A REASONABLE EXPECTATION OF BEING COMPENSATED IN RETURN.
1
CAUSE OF ADMINISTRATIVE DISSOLUTION OF CORPORATION
- SECRETARY OF STATE FORCES CORP TO DISSOLVE DUE TO ADMINISTRATIVE FAILURES
1
SEARCH AND SEIZURE - WARRANT IS REQUIRED WHERE
- SUSPECT HAS A REASONABLE EXPECTATION OF PRIVACY.
2
PUBLIC SAFETY EXCEPTION TO MIRANDA
- RESPONSES TO CUSTODIAL INTERROGATION PROMPTED BY REASONABLE CONCERN FOR PUBLIC SAFETY
- ARE NOT INADMISSIBLE UNDER MIRANDA.
3
REQUIREMENTS/OUTPUT CONTRACT
- CONTRACT MADE FOR EXCLUSIVE OUTPUT OR REQUIREMENT OF GOODS
- REQUIRES DEMANDS BE REASONABLE PROPORTIONATE WITH PREVIOUS DEMANDS
- INCLUDES IMPLIED MATERIAL CONDITION OF GOOD FAITH EFFORT TO REMAIN IN BUSINESS
2
MARRIED WOMAN’S SPECIAL PRESUMPTION - RESULT OF WIFE TAKING TITLE WITH 3rd PARTY
- WIFE AND THIRD PARTY ARE TENANTS IN COMMON
- WIFE HAS 1/2 INTEREST AS SEPERATE PROPERTY
2
COMMUNITY PROPERTY CONTRIBUTIONS
SPOUSE A USES CP TO IMPROVE TOWARD SPOUSE B’S SEPARATE PROPERTY -
OTHER PROPERTY
- MAJORITY RULE - PRESUMED GIFT UNLESS WRITTEN AGREEMENT TO REIMBURSE
- MINORITY RULE - GIFT NOT PRESUMED AND REIMBURSEMENT GRANTED
3
REQUIREMENTS FOR AN AWARD OF LIQUIDATED DAMAGES PURSUANT TO A LIQUIDATED DAMAGES CLAUSE
- DAMAGES WERE UNCLEAR AT THE TIME OF CONTRACTING
- AMOUNT OF DAMAGES CONTEMPLATED WAS REASONABLE
- AND REMAINS A REASONABLE REMEDY TO THE BREACH
2
WHICH BRANCH OF GOVERNMENT ESTABLISHES EXERCISE OF APPELLATE JURISDICTION?
- CONGRESS MAY ESTABLISH BY LAW
- THE MANNER IN WHICH APPELLATE JURISDICTION IS EXERCISED.
2
CALIFORNIA - SERVICE BY PUBLICATION
- AFTER NOTHING ELSE WORKS
- ATTORNEY MUST PROVIDE AFFADAVIT OF REASONABLE ATTEMPTS IN EFFECTING SERVICE.
4
DEFENSE OF INVOLUNTARY INTOXICATION
- A DEFENDANT MAY RAISE THE DEFENSE OF INVOLUNTARY INTOXICATION
- TO NEGATE CRIMINAL INTENT
- WHEN THE DEFENDANT WAS UNAWARE HE WAS UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE
- AT THE TIME OF THE ALLEGED CRIMINAL ACT.
1
SHOES
- GO ON YOUR FEET
1
EIGHTH AMENDMENT - BAIL MUST BE
- NOT EXCESSIVE OR UNDULY HIGH
1
SPECIAL CLASSIFICATIONS - LIFE INSURANCE - WHOLE LIFE - EACH ESTATE’S INTEREST IS BASED ON
- THE PERCENTAGE IT PAID TOWARD PREMUMS
1
PUNITIVE DAMAGES AND PROPORTIONALITY TO OTHER DAMAGES
- PUNITIVE DAMAGES MUST MAINTAIN RELATIVE PROPORTIONALITY TO OTHER DAMAGE AWARDS
3
SPECIAL CLASSIFICATIONS - PERSONAL INJURY - LIABILITY FOR TORTFEASOR SPOUSE WHO COMMITS TORT AGAINST SPOUSE
- TORTFEASOR SPOUSE’S SP MUST BE EXHAUSTED
- BEFORE CP IS USED
- TO DISCHARGE LIABILITY OF TORTFEASOR SPOUSE TO INNOCENT SPOUSE
1
CORPORATE BOARD OF DIRECTORS MAY DELEGATE AUTHORITY TO ACT TO COMMITTEE OR OFFICER WHERE THIS IS GIVEN
- UNANIMOUS WRITTEN CONSENT OF DIRECTORS
3
MANIFESTATIONS OF INTENT TO CREATE TRUST
- WRITING
- VERBAL COMMUNCATION
- CONDUCT
1
CONTRACTS - DEFENSE OF UNILATERAL MISTAKE AVAILABLE WHERE
- DEFENDANT ENTERED THE CONTRACT WITH A MISUNDERSTANDING OF MATERIAL FACT.
2
OBJECTION - ARGUMENTATIVE IS USED WHEN QUESTION ASKED
- ASKS FOR INFERENCES TO MADE FROM THE QUESTION
- IN ORDER TO PERSUADE JUDGE OR JURY
1
STRETCH YOUR TOES TEN TIMES
- NOW PLEASE
2
TRANSFERS OF STOCKS - RESTRICTIONS ON TRANSFERS WILL ONLY BE ENFORCED AGAINST THIRD PARTIES WHERE RESTRICTIONS
- WERE CONSPICUOUSLY NOTED ON INSTRUMENT
- OR PREEXISTING KNOWLEDGE OF RESTRICTION
3
PROCEDURAL DUE PROCESS MINIMALLY REQUIRES THAT THE GOVERNMENT PROVIDE THE FOLLOWING BEFORE DEPRIVING AN INDIVIDUAL OF LIFE, LIBERTY OR PROPERTY
- NOTICE
- OPPORTUNITY TO BE HEARD
- BEFORE A NEUTRAL DECISION MAKER
2
ADVISORY COUNSELS FOR SELF-REPRESENTED DEFENDANTS ARE INTENDED TO SERVE AS
- LAYER OF PROTECTION
- FOR DEFENDANT AND INTEGRITY AND EFFICIENCY OF JUDICIAL PROCESS
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objections
The classic failure to preserve the record is not making appropriate objections, particularly regarding the admission and exclusion of evidence. For example, courts of appeal will not generally set aside a verdict or finding based on the erroneous admission of evidence unless the other party made a timely objection to such evidence that makes clear the specific ground of the objection. Evidence Code § 353(a). Likewise, an erroneous exclusion of evidence may not be reviewable on appeal unless the proponent made an adequate offer of proof. See Evid. Code § 354. A party also cannot assert misconduct by opposing counsel as a basis for appeal unless he or she objected to counsel’s actions at the time.
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LAST CLEAR CHANCE DOCTRINE
