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
