MASTER OF THE UNIVERSE Flashcards
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A PARTY FILING A MOTION FOR SANCTIONS IN FEDERAL COURT UNDER RULE 11 (FILING IN A COMPLAINT IN BAD FAITH) MUST FIRST
- SERVE THE PARTY AGAINST WHO SANCTIONS ARE SOUGHT
- IF PARTY DOES NOT WITHDRAW OR CORRECT WITHIN 21 DAYS
- MOTION IS THEN FILED WITH COURT
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GOODS
- TANGIBLE, MOVABLE THINGS
- AT TIME OF CONTRACT IDENTIFICATION.
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(FOR JUSTICIABILITY) POLTICAL QUESTIONS MEANS THE ISSUE PRESENTED BY THE COURT IS EITHER E
- SO SPECIFIC THAT IT INVOLVES POWER GRANTED EXCLUSIVELY TO A COORDINATE BRANCH OF GOVERNMENT
- OR SO VAGUE THE CONSTITUTION DOES EVEN ADDRESS THE ISSUE
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120 HOUR RULE
- HEIR MUST SURVIVE DECEDENT BY 120 HOURS
- OR HEIR DETERMINED TO PREDECEASE DECEDENT
- ESTATE WILL ESCHEAT TO STATE
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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
14TH AMENDMENT EPC EXTENDS BILL OF RIGHTS TO STATES EXCEPT FOR THESE TWO RIGHTS
- EIGHTH AMENDMENT PROTECTION FROM EXCESSIVE BAIL
- FIFTH AMENDMENT GUARANTEE TO GRAND JURY INDICTMENT
- SEVENTH AMENDMENT RIGHT TO JURY TRIAL
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A COLLEGE PRESIDENT CANNOT WAIVE DORM RESIDENT’S
- FOURTH AMENDMENT RIGHTS
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A DEFENDANT MAY WAIVE HER SIXTH AMENDMENT RIGHT TO CONFRONT WITNESSES BY
- BAD BEHAVIOR IN THE COURTROOM
- FAILURE TO APPEAR
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A DEFENDANT’S PERCENTAGE OF MARKET SHARE LIABILITY WILL BE EQUAL TO
- THAT DEFENDANT’S PERCENTAGE OF ITS MARKET SHARE
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A FEE SIMPLE DEFEASIBLE MAY TAKE THESE THINGS FROM THE LAND
- RESOURCES
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A LAND SALE CONTRACT DOES NOT CONTAIN THIS IMPLIED WARRANTY
- IMPLIED WARRANTY OF FITNESS
- UNLESS IT IS A NEW HOME BEING SOLD BY THE BUILDER
A PERSON IS UNDER ARREST WHEN
- TAKEN INTO CUSTODY
- FOR COMMENCING CRIMINAL PROSECUTION
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A PRETERMITTED CHILD WILL RECEIVE AN INTESTATE SHARE OF DECEASED PARENT’S ESTATE UNLESS
- TESTATOR 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
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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.
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A QUORUM OF THE BOARD OF DIRECTORS IS BROKEN WHERE
- A DIRECTOR WITHDRAWS
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A WITNESS IS COMPETENT TO TESTIFY WHERE SHE HAS
- PERSONAL KNOWLEDGE
- PRESENT RECOLLECTION
- THE ABILITY TO COMMUNICATE
- UNDERSTANDING OF HER LEGAL DUTY TO TELL THE TRUTY
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ABA - CONTINGENCY FEES NOT ALLOWED WHERE
- DIVORCE OR DOMESTIC RELATIONS
- CRIMINAL
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ABA COMPETENCY REQUIREMENTS - LAWYER MUST HAVE THESE THINGS TO REPRESENT A CLIENT
- KNOWLEDGE
- SKILL
- THOROUGHNESS
- PREPARATION REASONABLY NECESSARY
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ABA FEE GUIDELINES
- FEES CANNOT BE UNREASONABLE
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ABA FEE GUIDELINES
- FEES CANNOT BE UNREASONABLE
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ABA REQUIREMENT WHERE ATTORNEY LEARNS OF CLIENT PERJURY
- TAKE REASONABLE REMEDIAL MEASURES
- WHERE CLIENT REFUSES TO DISCLOSE LIE, DISCLOSURE TO TRIBUNAL
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ABA REQUIREMENTS FOR REPORTING ATTORNEY MISCONDUCT
- ATTORNEY MISCONDUCT MUST ALWAYS BE REPORTED
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ABA REQUIREMENTS FOR REPORTING ATTORNEY MISCONDUCT
- ATTORNEY MISCONDUCT MUST ALWAYS BE REPORTED
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ABA RULES AGAINST SEXUAL RELATIONSHIP WITH CLIENT
- NOT ALLOWED UNLESS SEXUAL RELATIONSHIP EXISTED PRIOR TO REPRESENTATION
- CONFLICT NOT IMPUTED TO FIRM
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ABANDONMENT ACTION FOR TERMINATION OF EASEMENT
- EASEMENT HOLDER DEMONSTRATED INTENT TO NEVER USE THE EASEMENT AGAIN BY PHYSICAL ACTION.
- WORDS OR NON-USE BY EASEMENT HOLDER ARE INSUFFICIENT TO SUPPORT ABANDONMENT.
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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)
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ABATEMENT - ELEMENTS
- GIFTS ARE REDUCED TO PAY DEBTS AND LEGACIES
- THE ESTATE DOES NOT HAVE SUFFICIENT FUNDS TO PAY
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ULTRAHAZARDOUS ACTIVITIES ELEMENTS
- ACTIVITY IS OF UNCOMMON USAGE AND UNCOMMON TO AREA
- POSE A HIGH DEGREE OF RISK THAT CANNOT BE ELIMINATED BY DUE CARE
- RISK OUTWEIGHS ITS UTILITY
- RISKED HARM IS SIGNIFICANT
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ULTRAHAZARDOUS/ABNORMALLY DANGEROUS ACTIVITIES ELEMENTS - ACTIVITY IS
- UNCOMMON TO AREA
- POSE A HIGH DEGREE OF RISK THAT CANNOT BE ELIMINATED BY DUE CARE
- RISK OUTWEIGHS ITS UTILITY
- RISKED HARM IS SIGNIFICANT
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ABSOLUTE PRIVILEGE FOR ATTORNEY WORK PRODUCT APPLIES TO:
- MENTAL IMPRESSIONS
- LEGAL THEORIES
- OPINIONS
- CONCLUSIONS
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ACCEPTANCE OF CONTRACT OFFER BY SILENCE CAN OCCUR WHERE
- IMPLIED IN FACT
- PRIOR DEALINGS CREATE REASON FOR OFFERREE TO NOTIFY OFERROR HE DOES NOT INTENT TO ACCEPT
- OFFEREE GIVES OFFEROR CLEAR REASON TO EXPECT SILENCE WILL CONSTITUTE ACCEPTANCE
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DEED DELIVERY AND PASSING OF TITLE TO PROPERTY - TITLE PASSES
- UPON PROPER DELIVERY OF DEED
- ACCEPTANCE IS PRESUMED IN MOST JURISDICTIONS
- BUT REJECTION BY GRANTEE DEFEATS DELIVERY
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ACCEPTING INTEREST IN BUSINESS FOR PAYMENT OF ATTORNEYS FEES IS ALLOWED WHERE
- ATTORNEY ADVISES CLIENT TO SEEK INDEPEDENT COUNSEL
- WRITTEN TRANSACTION
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AT COMMON LAW, AN ACCESSORY IS ONE WHO
- AIDS THE PRINCIPAL IN THE COMMISSION OF A CRIME
- BEFORE OR AFTER ITS COMMISSION.
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ACCOMPLICE LIABILITY
- VICARIOUS CRIMINAL LIABILITY FOR ACTS OF CO-CRIMINALS
- DIRECTLY AND FORESEEABLY RESULTING FROM DEFENDANT’S OWN CRIMINAL ACTS
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ACCOMPICE LIABILITY - THE PRINCIPAL IS THE PARTY WHO
- ACTUALLY COMMITS THE CRIME
- AND IS PRESENT AT THE CRIME
- OR HAS AN INNOCENT PARTY COMMIT THE CRIME FOR HIM.
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ACCORD AND SATISFACTION IS WHAT KIND OF AGREEMENT?
- A BINDING AGREEMENT BETWEEN PARTIES
- TO SETTLE ONE’S ORIGINAL, GOOD FAITH CLAIM AGAINST THE OTHER PARTY FOR BREACH.
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ACQUISITION OF DEBT AND REBUTTABLE PRESUMPTION OF COMMUNITY LIABILITY - COMMUNITY IS REBUTTABLY PRESUMED LIABLE FOR DEBT ACQUIRED BEFORE AND DURING MARRIAGE UNLESS
- LENDER RELIED EXCLUSIVELY ON SPOUSE’S SEPARATE PROPERTY
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ALTERNATIVE METHOD (INSTEAD OF VOTING) OF SHAREHOLDER APPROVAL FOR FUNDAMENTAL CORPORATE OR BOARD CHANGES - CONSENT MAY BE
- WRITTEN AND
- UNANIMOUS
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ACTION IF CONTINGENCY FEE IS DISPUTED
- CHECK TO ATTORNEY FOR CLIENT’S PROPOSED AMOUNT
- REMAINDER OF DISPUTED FEES LEFT IN TRUST ACCOUNT UNTIL DISPUTE RESOLVED
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ACTIONS (LAWSUITS NOT BARRED BY THE 11TH AMENDMENT)
- STATE V. STATE
- US V. STATE
- INJUNCTIONS AGAINST STATE OFFICIALS
- SUITS AGAINST CITIES
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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
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PROHIBITIONS FOR BOARD VOTING ON CORPORATE ACTIONS
- NO PROXIES
- NO PERSONALLY INTERESTED PARTIES
- NO VOTING AGREEMENTS
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FOR WILLS, ACTS OF INDEPENDENT LEGAL SIGNFICANCE
- EXTRINSIC ACTS
- WITHOUT TESTAMENTARY FUNCTION
- USED FOR DESIGNATING BENEFICIARIES OR PROPERTY TO BE DEVISED
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ACTUAL CAUSE - CRIMINAL LAW - ACTUAL CAUSE IS
- A CAUSAL ACT
- THAT BUT FOR ITS OCCURRENCE
- THE INJURY TO VICTIM WOULD NOT HAVE OCURRED.
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ACTUAL CAUSE - TORTS
- BUT FOR DEFENDANT’S NEGLIGENCE
- PLAINTIFF’S INJURY WOULD NOT HAVE OCCURRED.
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ACTUAL NOTICE OF A PREVIOUS INTEREST IN PROPERTY OCCURS WHERE BUYER HAS
- ACTUAL, SUBJECTIVE NOTICE OF A PRIOR, UNRECORDED INTEREST
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ACTUAL PARTIAL EVICTION OCCURS WHERE
- LANDLORD MAKES IT PHYSICALLY IMPOSSIBLE TO OCCUPY PART OF THE PREMISES
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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.
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ADDITUR ELEMENTS
- JUDGE FINDS DAMAGE AWARD INSUFFICIENT
- ORDERS NEW TRIAL FOR PLAINTIFF UNLESS DEFENDANT AGREES TO ADD TO DAMAGES OWED TO PLAINTIFF
- ONLY IN CA
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ADEMPTION OCCURS WHEN
- PROPERTY HAS CHANGED FORM
- FROM THE TIME IT WAS IDENTIFIED IN THE WILL
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A DEVISE ADEEMS BY SATISFACTION WHEN
- BENEFICIARY RECEIVES DEVISE DURING TESTATOR’S LIFETIME
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ADEMPTION OF SPECIFIC GIFTS
- SPECIFIC GIFTS ADEEM BY EXTINCTION
- COURT’S LOOK TO TESTATOR’S INTENT TO SEE WHAT BENEFICIARY TAKES IN LIEU OF ADEEMED GIFT
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ADEMPTION OF SPECIFIC GIFTS - CAUSES OF ADEMPTION THAT WILL ENTITLE BENEFICIARY TO GENERAL PECUNIARY GIFT
- SPECIFIC GIFT INVOLVED SECURITIES
- CONSERVATOR SOLD SPECIFIC GIFT
- EMINENT DOMAIN TOOK SPECIFIC GIFT
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ADEQUATE PROVOCATION
- ADQUATE PROVOCATION IS PROVOCATION SUFFICIENT TO RAISE A REASONABLE PERSON TO MURDEROUS RAGE
- THAT DID BRING THE DEFENDANT TO A MURDEROUS RAGE
- THAT WAS THE ACTUAL CAUSE OF THE HOMICIDE.
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ADEQUATE PROVOCATION COOL DOWN PERIOD
- ADEQUATE PROVOCATION WILL NOT BE FOUND
- WHERE DEFENDATN HAD AN AMOUNT OF TIME ALLOWING A REASONABLE PERSON TO COOL DOWN
- AND NO LONGER BE IN A MURDEROUS RAGE.
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THESE ADMINISTRATIVE SEARCHES ARE NOT SUBJECT TO THE FOURTH AMENDMENT
- BOOKING SEARCHES
- SEARCHES DONE TO ENSURE SAFETY
- RECORDED INVENTORY OF SUSPECT’S PERSONAL ITEMS
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CAN DISCOVERY SEEK INADMISSIBLE INFORMATION?
- DISCOVERY CAN SEEK INADMISSIBLE INFORMATION
- SO LONG AS SUCH INFORMATION CAN REASONABLY LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE
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ADMISSILBITY OF EVIDENCE OBTAINED FROM QUESTIONING OF DEFENDANT BY POLICE INFORMANT
- IF CHARGED, INADMISSIBLE DUE TO SIXTH AMENDMENT VIOLATION
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ADMISSIBILITY OF RECORD USED IN RECORDED RECOLLECTION EXCEPTION
- READ INTO THE RECORD
- ADMITTED AS EXHIBIT IF OFFERED BY ADVERSE PARTY.
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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
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ADVERSE POSSESSION - ACTUAL AND EXCLUSIVE REQUIREMENTS
- ACTUAL - OCCUPIER MADE USE OF THE LAND IN THE SAME MANNER THAT A TYPICAL USER OF SUCH LAND WOULD
- EXCLUSIVE - OCCUPIER MAY NOT SHARE LAND WITH OWNER OR PUBLIC
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ADVERSE POSSESSION - CONTINUOUS REQUIREMENTS
- OWNER MAY NOT ENTER LAND DURING STATUATORY PERIOD TO REGAIN POSSESSION
- CONSTANT USE NOT REQUIRED AS LONG AS OCCUPIER’S USE IS TYPICAL OF AN OWNER OF SUCH LAND.
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ADVERSE POSSESSION - OUSTER REQUIREMENT FOR HOSTILE POSSESSION OF CONCURRENTLY OWNED PROPERTY
- CO-TENTANT MUST CLAIM EXCLUSIVE RIGHT
- CO-TENANT MUST REFUSE ENTRY TO OTHER CO-TENANT
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ADVERSE POSSESSION - HOSTILE REQUIREMENT IS FULLFILLED WHERE OCCUPATION
- OCCURS WITHOUT OWNER’S PERMISSION
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ADVERSE POSSESSION - OPEN AND NOTORIOUS REQUIREMENTS - OCCUPATION MUST BE SUFFICIENT TO
- BE VISIBLE OR APPARENT
- PUT THE TRUE OWNER OF PROPERTY ON NOTICE OF TRESPASS
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ADVERSE POSSESSION - LENGTH OF STATUTE IS
- AT COMMON LAW, 20 YEARS
- VARIES BY JURISDICTION
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ADVERSE POSSESSION AND MARKETABLE TITLE
- ADVERSE POSSESSION DOES NOT GRANT OWNER MARKETABLE TITLE
- MARKETABLE TITLE MAY BE OBTAINED BY QUIET TITLE ACTION
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ADVERSE POSSESSION DEFINITION
- A MEANS OF TAKING TITLE TO REAL PROPERTY THROUGH THE OPERATION OF THE STATUTE OF LIMITATIONS FOR TRESPASS
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COURT MAY REQUIRE THE APPOINTMENT OF OF ADVISORY COUNSEL TO A SELF-REPRESENTED DEFENDANT TO
- PROVIDE LEGAL ADVICE AND INFORMATION TO DEFENDANT
- NOT ALLOWED TO MAKE STRATEGIC DECISIONS
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AFFIRMATIVE EASEMENT
- AFFIRMATIVE EASEMENT ENTITLES EASEMENT HOLDER TO DO SOMETHING ON ANOTHER’S LAND
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AGENCY RELATIONSHIP DEFINITION
- A BUSINESS RELATIONSHIP
- WHERE ONE PARTY, AN AGENT, AGREES TO ACT FOR
- AND IS AUTHORIZED TO ACT BY ANOTHER PARTY, THE PRINCIPAL.
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AGENT’S LIABILILITY FOR ACTING W/OUT PRINCIPAL’S AUTHORITY
- PRINCIPAL IS NOT LIABLE
- AGENT IS PERSONALLY LIABLE
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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)
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AGENT’S DUTY OF LOYALTY - CONFLICT OF INTEREST PROHIBITIONS
- NO SELF -DEALING
- NO USURPING OPPORTUNITIES
- NO SECRET PROFIT
- NO COMMINGLING FUNDS
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AGENT’S LINGERING APPARENT AUTHORITY TO TRANSACT WITH THIRD PARTIES PREVIOUSLY TRANSACTED WITH TERMINATES WHEN
- THIRD PARTIES RECEIVE ACTUAL NOTICE OF AGENCY TERMINATION
- OR CONSTRUCTIVE NOTICE OF AGENCY TERMINATION
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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.
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.
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AGGRAVATED BATTERY
- AGGRAVATED BATTERY IS A GENERAL INTENT CRIME
- DONE TO CAUSE
- THAT DOES CAUSE AN UNCONSENTED APPLICATION OF FORCE BY USING A WEAPON ON
- VICTIM’S PERSON.
2
AGGREGATING CLAIMS TO REACH REQUIRED 75,000 FOR DIVERSITY - PLAINTIFF MAY AGGREGATE
- MULTIPLE CLAIMS AGAINST DEFENDANT
- CLAIMS AGAINST MULTIPLE DEFENDANT TORTFEASORS
1
ALL NON-TESTIMONIAL EVIDENCE MUST BE ______ TO BE ADMITTED
- AUTHENTICATED
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
REMAINDERMEN’S RIGHTS AND DUTIES
- RECEIVE PRINCIPAL FROM NET PROCEEDS OF AN ASSET’S SALE
- PAY PRINCIPAL PART OF LOANS
- PAY FOR MAJOR REPAIRS
2
ALLOCATION OF TRUST ASSETS - TRUSTEE’S ALLOCATION POWERS - TRUSTEE CAN USE
- BEST JUDGMENT TO CHANGE ALLOCATION
- TO FOLLOW SETTLOR’S INTENT
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
ALLOWED INFERENCES OF PRESENT TESTAMENTARY INTENT
- SPECIFIC BEQUESTS
- SIGNATURES
- OTHER EXTRINSIC EVIDENCE
4
OTHER ITEMS DEFINED BY UCC AS GOODS
- STANDING CROPS
- TIMBER
- UNBORN ANIMALS
- MINERALS
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ALTERATION OF PRODUCT DEFENSE TO STRICT PRODUCTS LIABILITY - NO LIABILITY WHERE
- PLAINTIFF OR THIRD PARTY UNFORESEEABLY ALTERED THE PRODUCT
- MAKING IT UNREASONABLY DANGEROUS
2
ALTERNATIVE LIABILITY THEORY
- NOT APPARENT WHICH DEFENDANT CAUSED INJURY
- BURDEN SHIFTS TO DEFENDANT TO PROVE NOT CAUSE OF INJURY
3
AMELIORATIVE WASTE
- PRESENT INTEREST HOLDER
- MAKES UNPERMITTED CHANGES TO PROPERTY
- IMPROVE ITS VALUE
1
AMELIORATIVE WASTE REMEDY FOR TENANT
- TENANT MUST RESTORE PREMISES TO THEIR ORIGINAL CONDITION
3
AMENDING CORPORATE BYLAWS REQUIREMENTS
- APPROVAL OF SHAREHOLDERS
- APROVAL OF DIRECTORS
- FILING OF CHANGED ARTICLES WITH SECRETARY OF STATE
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.
AN ATTESTED WILL IS
A WITNESSED WILL
2
AN ATTORNEY MAY MAKE PUBLIC STATEMENTS ABOUT THE CASE WHERE
- INFORMATION IS ALREADY GENERALLY KNOWN
- DAMAGE CONTROL ON OPPOSING COUNSEL’S STATEMENTS
1
AN ATTORNEY MAY NOT MAKE EXTRAJUDICIAL STATEMENTS WHERE
- THEY ARE LIKELY TO MATERIALLY PREJUDICE THE CASE
2
AN AWARD OF LIQUIDATED DAMAGES IS APPROPRIATE WHERE
- DAMAGES WERE DIFFICULT TO CALCULATE
- STIPULATED AMOUNT BEARS A REASONABLE RELATIONSHIP TO THE ANTICIPATED LOSS
1
AN ERROR IS HARMLESS WHERE THERE IS
- NO REASONABLE DOUBT THE CASE WOULD HAVE COME OUT DIFFERENTLY
2
AN INTENTIONAL ACT IS AN ACT DONE WITH
- REASONABLE CERTAINTY IT WILL CAUSE A RESULT
- OR DONE PURPOSELY FOR CAUSING A RESULT
2
ANCIENT DOCUMENTS EXCEPTION - TIME REQUIREMENT - FRE & CEC DIFFERENCES
- 30 YEARS FOR CEC
- 20 YEARS FOR FRE
1
ANCIENT DOCUMENTS HEARSAY EXCEPTION
- WHERE DOCUMENTS ARE TWENTY YEARS OLD OR OLDER.
1
ANTI-SLAPP MOTION
- MOTION FILED IN A LAWSUIT ATTEMPTING TO QUELL SPEECH.
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
ANTILAPSE
- BENEFICIARY PREDECEASES TESTATOR
- BENEFICIARY’S LINEAL DEPENDENTS TAKE HER PLACE
- WHERE BENEFICIARY RELATED TO TESTATOR OR TESTATOR’S SURVIVING, FORMER OR DECEASED SPOUSE
- UNLESS TESTATOR EXPRESSED CONTRARY INTENTION IN WILL
1
AGENT’S LINGERING APPARENT AUTHORITY AFTER PRINCIPAL-AGENT RELATIONSHIP TERMINATES APPLIES TO
- THIRD PARTIES AGENT HAS PREVIOUSLY TRANSACTED WITH
5
APPORTIONMENT PARAGRAPH FOR DIVISION OF
SP BUSINESS ASSETS
- TO APPORTION BETWEEN
- SP SHARE OF BUSINESS MANAGER SPOUSE BROUGHT TO MARRIAGE
- AND VALUE ADDED TO SP BUSINESS AFTER MARRIAGE BY COMMUNITY RESOURCES,
- COURTS HAVE DEVELOPED TWO ACCOUNTING METHODS:
- VAN CAMP AND PEREIRA.
2
APPRECIATION OF COMMUNITY BUSINESS AFTER SEPARATION -
REVERSE VAN CAMP ELEMENTS
- MANAGING PARTNER CONTINUES TO WORK AT COMMUNITY BUSINESS
- CHARACTER OF BUSINESS CAUSES APPRECIATION
3
APPROPRIATION OF LIKENESS TORT - LIABILITY ARISES WHERE
- DEFENDANT USES PLAINTIFF’S NAME, VOICE, OR LIKENESS
- FOR COMMERCIAL OR POLITICAL PURPOSES
- AND DOES SO WITHOUT PLAINTIFF’S AUTHORIZATION
2
APPURTENANT EASEMENT
- CREATED TO BENEFIT A PARTICULAR PIECE OF LAND (DOMINANT ESTATE)
- TIED TO A PARTICULAR PIECE OF LAND (SERVIENT ESTATE)
1
TO MAKE AN ARREST IN PUBLIC PLACE - POLICE DO NOT NEED
- A WARRANT
1
ARREST WARRANT REQUIRED WHERE
- PERSON IS ARRESTED IN HIS/HER HOME.
2
ARTICLE III - COURT ALLOWED TO MAKE DECLARATORY JUDGMENTS WHERE THEY
- CLARIFY LEGAL EFFECT OF A REGULATION
- AFFIRM RIGHTS, DUTIES OR OBLIGATIONS OF PARTIES IN CIVIL DISPUTE
2
ASSERTIVE CONDUCT IS CONDUCT THAT IS
- TREATED LIKE A STATEMENT
- SUBJECT TO ALL HEARSAY RULES
1
ASSIGNMENT OF LEASE DEFINITION
- ASSIGNMENT OF LEASE IS A TRANSFER OF THE ENTIRE INTEREST REMAINING ON THE LEASE TERM.
3
ASSUMPTION OF RISK - DEFENDANT MAY RAISE DEFENSE TO STRICT PRODUCTS LIABILITY WHERE
- PLAINTIFF DELIBERATELY PUT HIMSELF AT RISK FROM DEFECT
- WITH FULL AWARENESS OF RISK FROM DEFECT
- AND CONSCIOUSLY ACCEPTED THE RISK OF DEFECT
2
AVAILABILITY OF ASSUMPTION OF RISK AS A DEFENSE TO PRODUCTS LIABILITY WHERE PLAINTIFF KNEW OF RISKS FROM PRODUCT BUT HAD NO OTHER OPTIONS
- IF PLAINTIFF HAD NO CHOICE BUT TO CONTINUE USING THE PRODUCT
- ASSUMPTION OF RISK IS NOT AN AVAILABLE DEFENSE
3
ATTEMPT CRIME
- SPECIFICALLY INTENDED
- SUBSTANTIAL STEP TAKEN TOWARD
- A CRIMINAL OBJECTIVE
3
ATTESTED WILLS REQUIRE
- EXECUTION BY TESTATOR
- IN THE PRESENCE OF
- AT LEAST TWO COMPETENT AND DISINTERESTED WITNESSES
3
ATTORNEY SOLICITATION - ATTORNEY MAY NOT SOLICIT INDIVIDUALS TO ENGAGE REPRESENTATION BY THESE METHODS
- IN PERSON
- LIVE ON TELEPHONE
- WHERE NO FAMILIAL, CLOSE PERSONAL OR PROFESSIONAL RELATIONSHIP EXISTS.
1
ATTORNEY WORK PRODUCT - FEDERAL - ATTORNEY WORK PRODUCT IS MATERIAL WHEN
- PREPARED IN ANTICIPATION OF LITIGATION
2
ATTORNEY WORK PRODUCT - CALIFORNIA - FOR QUALIFIED PRIVILEGE - THE PARTY SEEKING TO DISCOVERY THE PRODUCT MOST SHOW
- UNFAIR PREJUDICE
- OR INJUSTICE WILL OCCUR
1
ATTORNEY WORK PRODUCT - FEDERAL - ABSOLUTE PRIVILEGE IS APPLIED TO ATTORNEY’S
- MENTAL IMPRESSIONS.
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
1
ATTORNEY’S DUTY TO COMMUNICATE SETTLEMENT OFFERS
- L MUST CONVEY ALL OFFERS TO ALL CLIENTS
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
3
ATTORNEY’S DUTY WHEN ROGUE EMPLOYEE THREATENS A REPRESENTED BUSINESS - CA
- URGE EMPLOYEE TO RECONSIDER WHILE EXPLAINING CONSEQUENCES
- IF NO RESULT, WITHDRAW
- ATTORNEY CAN NEVER REVEAL INFO TO OUTSIDE
3
ATTRACTIVE NUISANCE DOCTRINE
- PROPERTY OCCUPIERS OWE A STRICT DUTY TO PROTECT CHILDREN LIKELY TO TRESPASS ON THE PROPERTY
- BY INSPECTING AND ELIMINATING ANY DANGEROUS CONDITIONS
- THAT MAY BE ATTRACTIVE TO CHILDREN MAY NOT FULLY APPRECIATE BECAUSE OF THEIR AGE
2
SUPPORT TRUST - TRUST FUNDS’ ACCESIBILTY TO THIRD PARTY CREDITORS
- NOT ACCESSIBLE TO 3RD PARTY CREDITORS
- WHERE PAYMENT WOULD INTERFERE WITH SUPPORT OF BENEFICIARY
1
LAWYER RECEIVING CONFIDENTIAL INFORMATION CAN ACCOMODATE CONFLICT WITH DUTY OF CONFIDENTIALITY BY
- TURNING OVER INFORMATION WHILE REFUSING TO DISCLOSE SOURCE
13
BAD SPLITS PPI 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
1
BALANCE OF INTERESTS TESTS - APPLICATION OF STATE LAW VS. FEDERAL LAW
- FEDERAL INTEREST IN HAVING FEDERAL LAW APPLIED IS MEASURED AGAINST STATE LAW INTEREST IN HAVING STATE LAW APPLIED.
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
3
BARS TO THE GOOD FAITH WARRANT EXCEPTION
- AFFIANT KNEW INFORMATION PROVIDED WAS FALSE
- AFFIANT WAS RECKLESS IN EVALUATING PROBABLE CAUSE VALUE OF INFORMATION
- MAGISTRATE’S RELIANCE ON AFFADAVIT WAS UNREASONABLE BASED ON OBVIOUS LACK OF PROBABLE CAUSE.
4
TORTIOUS BATTERY - LIABILITY ARISES WHERE
- DEFENDANT INTENTIONALLY ACTS TO CAUSE
- AND DOES CAUSE
- A TOUCHING OF PLAINTIFF OR HIS PERSON
- RESULTING IN A HARMFUL OR OFFENSIVE CONTACT.
4
CRIMINAL BATTERY
- GENERAL INTENT CRIME
- OF ACTING TO CAUSE
- AND CAUSING AN UNCONSENTED UNLAWFUL APPLICATION OF FORCE
- TO VICTIM’S PERSON.
1
BEFORE CHARGED, WILL MIRANDA AFFECT ADMISSIBILITY OF EVIDENCE OBTAINED FROM QUESTIONS ASKED BY A POLICE INFORMANT?
- NO, FIFTH AMENDMENT WILL NOT PROTECT ANSWERS GIVEN TO A POLICE INFORMANT BEFORE BEING CHARGED.
2
HOW IS A CORPORATE BOARD OF DIRECTORS CREATED?
- USUALLY, INITIAL BOARD LISTED IN ARTICLES
- VACANCIES ARE FILLED BY SHAREHOLDER VOTE
1
BONA FIDE PURCHASE FOR VALUE OF CONVERTED GOODS MAY BECOME LIABLE BECAUSE
- UNAUTHORIZED CONTROL AND DOMINION
- IS EXERCISED OVER PLAINTIFF’S WRONGLY TAKEN CHATTEL
3
REAL ESTATE BONA FIDE PURCHASER FOR VALUE W/OUT NOTICE
- TAKES PROPERTY FOR VALUE
- WITHOUT NOTICE OF PRIOR INTEREST
- PAYS CONSIDERATION OF AT LEAST MORE THAN NOMINAL VALUE
1
CORPORATE BONDS
- DEBT OBLIGATION OF CORPORATION
1
NEGLIGENCE - BREACH OF REASONABLE PERSON DUTY OCCURS WHERE
- DEFENDANT FAILS TO EXERCISE THE SAME DEGREE OF CARE A REASONABLY PRUDENT PERSON WOULD USE IN THE SAME SITUATION.
2
CONTRACT - OCCURENCES THAT WILL CONSTITUTE A BREACH OF GOOD FAITH
- FRAUD OR CONCEALMENT AT THE TIME OF THE CONTRACT
- FAILURE OF AN IMPLIED COVENANT
4
BURDEN OF PROOF FOR DESIGN DEFECT - JURY MUST BALANCE
- GRAVITY OF POTENTIAL HARM
- LIKELIHOOD OF POTENTIAL HARM
- VS. FEASIBILITY OF ALTERNATIVE DESIGN
- COST OF ALTERNATIVE DESIGN
1
WHO HAS BURDEN OF PROOF WHERE SPOUSE CLAIMS SEPARATE PROPERTY IN COMMINGLED FUNDS
- SPOUSE ASSERTING SP
2
BURDEN OF PROOF OF WAIVER OF MIRANDA
- CARRIED BY PROSECUTION
- PROPENDERANCE OF EVIDENCE
4
COMMON LAW BURGLARY ELEMENTS
- A SPECIFIC INTENT CRIME
- OF BREAKING AND ENTERING THE DWELLING STRUCTURE OF ANOTHER
- AT NIGHT
- WITH THE INTENT TO COMMIT A FELONY
2
BURGLARY AND FELONY MURDER
- WHERE BURGLARY IS COMMITTED FOR THE SOLE PURPOSE OF ATTACKING THE VICTIM
- IT CANNOT SUPPORT A FELONY MURDER CHARGE.
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 employee
5
APPORTIONING SHARES OF BUSINESS VALUE APPRECIATION AFTER SEPARATION - WHEN SP CONTRIBUTES TO A CP BUSINESS
REVERSE PEREIRA FORMULA
- COMMUNITY GETS VALUE OF CP BUSINESS AT TIME OF SEPARATION
- PLUS REASONABLE RATE OF RETURN
- MULTIPLIED BY THE NUMBER OF YEARS BUSINESS SPOUSE WORKED AT BUSINESS AFTER SEPARATION
- SUBTRACTED FROM INCREASED PRESENT AMOUNT OF VALUE IN BUSINESS
- REMAINDER GOES TO BUSINESS SPOUSE
2
BUSINESS VALUE APPRECIATION AFTER SEPARATION - WHEN TO USE REVERSE PEREIRA
- COMMUNITY PROVIDED INITIAL INVESTMENT FOR BUSINESS
- APPRECIATION OF BUSINESS DUE TO SPOUSE’S LABOR
2
CA - ADDITIONAL CONTINGENCY FEE REQUIREMENTS - FEE AGREEMENT MUST NOTE
- FEES ARE NEGOTIABLE
- HOW FEES OUTSIDE OF CONTINGENCY FEE ARE TO BE PAID
5
ABA - EXCEPTIONS TO ATTORNEY CONFIDENTIALITY REQUIREMENT
- WHERE DEATH OR SERIOUS BODILY HARM IS THREATENED, AFTER ACTING TO DISSUADE CLIENT AND ADVISING THAT INFORMATION CAN BE REVEALED
- PREVENT SUBSTANTIAL FINANCIAL HARM
- WHERE CONSENTED TO TO GET ETHICS ADVICE
- SUIT V. CLIENT TO COLLECT FEES
- WHERE COMPELLED BY COURT OR ETHICS RULES
3
CA - LAWYER CAN MAKE PERSONAL LOANS TO CLIENT WHERE
- HIRED BY CLIENT
- AGREES TO REPAY IN WRITING
- LOAN IS NOT TO WIN BUSINESS OF CLIENT
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
1
CA - QUALIFIED PRIVILEGE ATTACHES TO ATTORNEY WORK PRODUCT
- THAT IS NOT ABSOLUTELY PRIVILEGED
3
CA - REQUIREMENTS FOR LAWYER TO 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
1
CALIFORNIA MUST HOLD CASE MANAGMENT CONFERENCE WITHIN
- 180 DAYS OF FILING COMPLAINT
3
CA COMMUNITY PROPERTY - SPOUSE’S WRITTEN CONSENT IS NEEDED WHEN OTHER SPOUSE MAKES DISPOSAL OF
- FAMILY DWELLING’S PERSONAL PROPERTY
- OTHER SPOUSE’S CLOTHING
- CHILDREN’S CLOTHING
1
CA COMPETENCE INCLUDES THIS SUPERVISORY REQUIREMENT
- SUPERVISE WORK OF SUBORDINATE ATTORNEYS AND NON-LAWYER EMPLOYEES
3
CA COMPETENCY REQUIREMENTS - FAILURE TO PERFORM COMPETENTLY MUST NOT BE A RESULT OF ATTORNEY FAILING
- INTENTIONALLY
- RECKLESSLY
- REPEATEDLY
2
IN CA, CONTRACT CHOICE OF LAW PROVISIONS APPLIED WHERE
- LAWS ARE REASONABLE
- LAWS DON’T CONFLICT WITH CA PUBLIC POLICY
2
CALIFORNIA - CONTRACTS - WHERE NO CHOICE OF LAW PROVISION IN CONTRACT BUT MULTIPLE STATES’ LAWS ARE IN CONFLICT, THE COURT WILL EVALUATE
- THE COMPARITIVE IMPAIRMENT TO EACH STATE’S INTEREST
- SHOULD THE OTHER STATE’S LAW BE APPLIED.
2
CA CONFLICT OF LAWS RULES - TORTS - WHERE TWO STATES’ LAWS ARE IN CONFLICT, THE COURT WILL EVALUATE
- THE COMPARITIVE IMPAIRMENT TO EACH STATE’S INTEREST
- SHOULD THE OTHER STATE’S LAW BE APPLIED.
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?
5
CA FACTORS FOR ASSESSING ATTY FEES
NTEND
TO NOT CHARGE UNCONSCIOONABLE FEES
DIFFICULTY OF LEGAL ISSUES
- NOVELTY OF ISSUES
- TIME LIMITATION
- EXPERIENCE
- NATURE OF RELATIONSHIP WITH CLIENT
- DIFFICULTY OF LEGAL ISSUES
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.
2
CA REQUIREMENT WHERE ADVERTISEMENT LISTS CASE RESULTS
- MUST STATE THAT RESULTS ARE NOT TYPICAL
- OR PREDICTION OF FUTURE RESULTS
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
2
CA REQUIREMENTS FOR REPORTING KNOWN ATTORNEY MISCONDUCT
- PERMISSIVE
- MUST SELF REPORT
2
CA RULES AGAINST SEXUAL RELATIONSHIP WITH CLIENT
- CANNOT REPRESENT IF SEXUAL RELATIONSHIP IMPAIRS REPRESENTATION
- CANNOT USE UNDUE INFLUENCE TO GAIN SEXUAL RELATIONS
2
CA NOTICE AND SERVICE REQUIREMENNTS FOR CLASS ACTION
- INDIVIDUAL NOTICE NOT REQUIRED
- PUBLICATION IS FINE FOR SERVICE
2
CA TIME LIMITS TO FILE NOTICE OF APPEAL
- 60 DAYS AFTER NOTICE OF ENTRY OF JDUGMENT OR
- 180 DAYS AFTER ENTRY OF JUDGMENT
4
CALIFORNIA - FORUM NON CONVENIENS STANDARD - PRIVATE AND PUBLIC FACTORS
- BURDEN ON COMMUNITY
- APPLICABLE LAWS
- CONVENIENCE TO PARTIES
- LOCATION OF WITNESSES AND EVIDENCE.
1
CALIFORNIA - MOTION TO SET ASIDE JUDGMENT BASED ON ERROR/MISTAKE/SURPRISE MUST BE FILED WITHIN
- SIX MONTHS
2
CALIFORNIA - SERVICE BY PUBLICATION
- AFTER NOTHING ELSE WORKS
- ATTORNEY MUST PROVIDE AFFADAVIT OF REASONABLE ATTEMPTS IN EFFECTING SERVICE.
2
CALIFORNIA ADDITIONAL LOGICAL RELEVANCE REQUIREMENT ALSO REQUIRES THAT THE DISPUTED FACT
- IS OF CONSEQUENCE
- TO THE DETERMINATION OF THE ACTION
2
CALIFORNIA ANTI-SLAPP BURDEN OF PROOF REQUIREMENTS
- BURDEN OF PROOF SHIFTS TO PLAINTIFF
- WHO MUST PROVE THE PROVE THE PROBABLITY OF WINNING SPEECH CHILLING LAWSUIT CASE ON ON ITS THE MERITS
2
CALIFORNIA APPLICATIONS ATTORNEY WORK PRODUCT APPLIES TO WORK GENERATED BY THE
- ATTORNEY
- OR HIS AGENT
2
CALIFORNIA CLASS ACTION ALLOWED WHERE:
- THERE IS AN ASCERTAINABLE CLASS
- THERE IS A WELL DEFINED COMMUNITY OF INTEREST AMONG CLASS MEMBERS.
2
CALIFORNIA COMPARATIVE FAULT PROOF REQUIREMENT
- PLAINTIFF WAS ALSO NEGLIGENT
- PLAINTIFF’S NEGLIGENCE WAS A SUBSTANTIAL FACTOR IN CAUSING HIS OR HER OWN HARM
3
CALIFORNIA DOE AMENDEMENTS - PLAINTIFF CAN AMEND AND IDENTIFY DOE DEFENDANTS WHERE (ALLOWANCES FOR IGNORACE)
- SHE WAS GENUINELY IGNORANT OF THE IDENTITY OF THE DEFENDANTS OR
- THE FACTS GIVING RISE TO THE ACTION OR
- THE FACTS THAT THE LAW PROVIDES A CAUSE OF ACTION
5
CALIFORNIA MARRIAGE
- CONSENSUAL CIVIL CONTRACT
- BETWEEN TWO PERSONS
- FOLLOWED BY LICENSE
- SOLEMNIZATION
- AUTHENTICATION
3
CALIFORNIA REQUIREMENT FOR AFFIRMATIVE DEFENSES IN ANSWER - DEFENDANT MUST PROVIDE
- FACTUAL DETAIL
- FOR EACH ELEMENT
- OF EACH AFFIRMATIVE DEFENSE.
1
THE CALIFORNIA BAR REQUIRES ALL ATTORNEYS GIVE THIS LEVEL OF NOTICE TO CLIENTS WITH POTENTIAL COIS
- WRITTEN NOTICE
1
CALIFORNIA SPECIAL INTERROGATORY LIMITS
- 35 SPECIAL INTERROGATORIES MAY BE ASKED WITHOUT COURT LEAVE
3
CALIFORNIA TRANSFER OF VENUE STANDARD
- TRANSFER OCCURS AT JUDGE’S DISCRETION
- WHERE INTERESTS OF JUSTICE AND
- CONVENIENCE OF PARTIES ARE SERVED BY TRANSFER.
2
CALIFORNIA VERDICT REQUIREMENTS FOR AMOUNT OF JURORS AGREEING ON DECISION
- 3/4 JURY FOR CIVIL
- UNANIMOUS FOR CRIMINAL
1
CAPACITY - AGE REQUIREMENTS FOR VALID WILL
- “OF LEGAL AGE” - TESTATOR IS AT LEAST 18
2
CAPACITY REQUIREMENTS OF AGENT
- MINIMAL CAPACITY (MENTAL HEALTH OK)
- MINORS ARE OK
2
CAPACITY REQUIREMENTS OF PRINCIPAL
- CAPACITY TO CONTRACT
- NO MINORS
4
CATCHALL HEARSAY EXCEPTION - STATEMENT WILL BE ADMISSIBLE WHERE IT 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.
2
CATEGORIES OF EXPRESS TRUSTS
- PRIVATE TRUSTS FOR THE BENEFIT OF ASCERTAINABLE BENEFICIARIES
- CHARITIABLE TRUSTS FOR THE BENEFIT OF SOCIETY AT LARGE
3
CATEGORIES OF TRUSTS
- EXPRESS
- RESULTING
- CONSTRUCTIVE
1
CAUSE OF ADMINISTRATIVE DISSOLUTION OF CORPORATION
- SECRETARY OF STATE FORCES CORP TO DISSOLVE DUE TO ADMINISTRATIVE FAILURES
4
CAUSES OF JUDICIAL DISSOLUTION OF CORPORATION - COURT WILL FORCE DISSOLUTION WHERE
- FRAUD
- ULTRA VIRES ACTION
- MISCONDUCT
- CREDITORS SEEKING TO ENFORCE JUDGMENT
4
CEC 252 - COURT HAS RIGHT TO ORDER EXCLUSION OF EVIDENCE WHERE PROBATIVE VALUE IS OUTWEIGHED BY
- UNFAIR PREJUDICE
- CONFUSION OF THE ISSUES
- MISLEADING JURY
- WASTING TIME
2
CEC ALLOWS PRIOR INCONSISTENT STATEMENTS TO BE ADMITTED AS SUBSTANTIVE EVIDENCE WHERE THE PRIOR STATEMENTS WERE MADE
- NOT UNDER OATH
- UNDER OATH
1
CEC DIFFERENCE FROM FRE FOR VICARIOUS PARTY ADMISSION
- CEC ALLOWS VICARIOUS PARTY ADMISSION IF ONLY BASIS FOR RESPONDEAT SUPERIOR.
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
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
3
SIXTH AMENDMENT RIGHT TO JURY - DUREN TEST FOR CHALLENGING FAIRNESS OF JURY SELECTION - IS THE GROUP ALLEGED TO BE EXCLUDED
- A DISTINCTIVE GROUP
- WHOSE REPRESENTATION IS NOT FAIR OR REASONABLE IN RELATION TO THE PERCENTAGE OF SUCH A GROUP IN THE COMMUNITY
- UNREPRESENTED DUE TO SYSTEMATIC EXCLUSION IN THE JURY SELECTION PROCESS
2
CHARACTER EVIDENCE - FRE ALLOWS CHARACTER EVIDENCE IN CIVIL CASES OF
- SEXUAL ASSAULT
- CHILD MOLESTATION
3
CHARITABLE TRUST
- MADE FOR A CHARITABLE PURPOSE
- MUST BENEFIT SOCIETY AT LARGE
- WHERE PURPOSE FAILS - APPLY CY PRES DOCTRINE
1
CHILD DEFENDANTS FOR TORT ACTION - EXCEPTION TO CHILD STANDARD OF CARE - CHILDREN WILL BE HELD TO THE ADULT STANDARD OF CARE WHEN THEY ARE ENGAGED IN
- ABNORMALLY DANGEROUS ACTIVITIES
2
CHILDREN
- ARE NOISY
3
FOR INTESTATE SUCESSION, ADOPTION SEVERS
- THE RELATIONSHIP BETWEEN PARENT-CHILD
- UNLESS NATURAL PARENT’S SPOUSE ADOPTED CHILD
- AND NATURAL PARENT COHABITATED WITH CHILD
3
CITIZENSHIP FOR CORPORATIONS
- CORPORATIONS CAN BE CITIZENS OF TWO STATES
- THEY ARE CITIZENS IN THE STATE WHERE INCORPORATED
- THEY ARE CITIZENS IN THE STATE WHERE THEIR PRINCIPAL PLACE OF BUSINESS IS LOCATED.
1
CITIZENSHIP FOR UNINCORPORATED BUSINESSES
- COURT LOOKS AT CITIZENSHIP OF ALL PARTNERS
1
CITIZENSHIP REQUIREMENTS FOR DIVERSITY OF CITIZENSHIP
- NO DEFENDANT MAY BE A CITIZEN OF THE SAME STATE AS ANY PLAINTIFF
2
CIVIL CASE - CHARACTER EVIDENCE IS ONLY ADMISSIBLE WHERE CHARACTER IS
- AT ISSUE
- AN ESSENTIAL ELEMENT OF THE CASE
3
CLASS ACTION FAIRNESS ACT ALLOWS FEDERAL COURT TO HEAR A CLASS ACTION CASE WHERE ALL OF OF THESE REQUIREMENTS ARE MET:
- ANY CLASS MEMBER IS DIVERSE FROM ANY DEFENDANT.
- THE CLASS CLAIMS AGGREGATE TO EXCEED FIVE MILLION DOLLARS
- THERE ARE AT LEAST 100 CLASS MEMBERS
3
WILLS - CLASS GIFTS OCCUR WHEN TESTATOR BEQUEATHS PROPERTY TO
- A GROUP OF PEOPLE NOT INDIVIDUALLY NAMED
- BUT IDENTITY OF GROUP EASILY ASCERTAINABLE
- SATISFYING IDENTIFICATION OF BENEFICIARY REQUIREMENT
3
FEDERAL CLASS ACTIONS MUST BE ONE OF THESE THREE TYPES
- QUESTIONS OF LAW COMMON TO CLASS PREDOMINATE OVER QUESTIONS OF LAW AFFECTING INDIVIDUALS
- PREJUDICE MAY OCCUR WITH INCONSISTENT RESULTS OR WHEN AVAILABLE FUNDS ARE DEPLETED BY INDIVIDUALS
- INJUNCTIVE RELIEF IS SOUGHT
5
CLASSIFICATIONS OF TESTAMENTARY GIFTS
- SPECIFIC GIFTS
- CLASS GIFTS
- GENERAL GIFTS
- DEMONSTRATIVE GIFTS
- RESIDUARY GIFTS
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.
4
CODICIL - ELEMENTS
- AMENDMENT TO AN EXISTING WILL
- MADE TO CHANGE, EXPLAIN OR REPUBLISH
- SAME FORMALITY REQUIREMENTS AS WILLS AND HOLOGRAPHIC WILLS
- REPUBLISHES WILL AS OF THE DATE OF THE CODICIL
2
COLLATERAL BAR ON PRIOR RESTRAINT RULE
- CAN’T ASSERT UNCONSTUTIONAL RESTRAINT ON SPEECH
- AFTER PRIOR RESTRAINT ISSUED
2
COLLATERAL ESTOPPEL - AN ISSUE IS NECESSARILY DECIDED ON THE MERITS WHERE
- ISSUE IS CONNECTED TO FINAL ADJUDICATION
- ISSUE WAS NOT DECIDED BASED ON A TECHNICALITY
4
COLLATERAL ESTOPPEL WILL APPLY WHERE
- ISSSUE IS IDENTICAL TO ISSUE IN PRIOR CASE.
- ISSUE WAS ACTUALLY LITIGATED IN PRIOR CASE.
- FINAL JUDGMENT ON THE MERITS IN PRIOR CASE
- ISSUE WAS ESSENTIAL TO THE JUDGMENT
2
COLLATERAL ESTOPPEL/ISSUE PRECLUSION IN FEDERAL COURTS IS DETERMINED BY THESE AUTHORITIES
- FEDERAL COMMON LAW
- STATE LAW WHERE COURT SITUATED.
1
COLLATERAL SOURCE RULE
- PLAINTIFF’S DAMAGES ARE NOT REDUCED BY AMOUNT OF BENEFITS PAID BY OTHER SOURCES
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
COLORABLE CLAIM OF INNOCENCE
- SEEMINGLY GENUINE OR LEGALLY VALID CLAIM OF INNOCENCE
1
LIABILITY FOR PRODUCTS LIABILITY - COMMERCIAL SELLER IS
- ANYONE ENGAGED IN THE BUSINESS OF MARKETING AND DISTRIBUTION CHAIN OF AN UNREASONABLY DANGEROUS PRODUCT
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
2
COMMINGLING RULES AND EQUITABLE LIENS
- PROPERTY NEED NOT BE TRACEABLE TO ITS ORIGINAL FORM
- COMMINGLING OK
4
COMMON CARRIER DOCTRINE AND EMBEZZLEMENT
- UNDER THE COMMON CARRIER DOCTRINE
- COMMON CARRIERS ARE LAWFULLY ENTRUSTED WITH POSSESSION OF PASSENGERS’ PERSONAL PROPERTY
- MAKING THEFT BY CARRIER’S EMPLOYEES EMBEZZLEMENT
- EVEN WHERE PROPERTY IS “LOST”.
3
COMMON LAW ARSON
- COMMON LAW ARSON IS A GENERAL INTENT CRIME
- DONE BY MALICIOUSLY BURNING
- THE DWELLING STRUCTURE OF ANOTHER.
3
COMMON LAW CONSPIRACY
- A SPECIFIC INTENT CRIME
- TWO OR MORE PERSONS AGREE
- TO WORK TOGETHER TO ACCOMPLISH AN ILLEGAL GOAL
1
COMMON LAW DUTY OF LAND POSSESSORS TO THOSE OFF OF THE LAND
- CONDUCT AND CONTROL ACTIVITIES TO NOT INJURE OTHERS OFF OF THE LAND
2
COMMON LAW DUTY TO INVITEES
- DUTY TO INSPECT
- DUTY TO WARN OF DANGERS HIDDEN AND KNOWN
2
COMMON LAW DUTY TO KNOWN TRESPASSERS
- DUTY TO WARN OF HIDDEN DANGERS
- NO DUTY TO INSPECT
1
COMMON LAW DUTY TO LICENSEES
- DUTY TO WARN OF KNOWN DANGERS AND ARTIFICIAL CONDITIONS
1
COMMON LAW DUTY TO UNKNOWN TRESPASSERS
- NO DUTY
3
COMMON LAW KIDNAPPING
- UNDER COMMON LAW, KIDNAPPING IS A SPECIFIC INTENT CRIME
- OF UNLAWFULLY CONFINING AND CARRYING AWAY THE VICTIM
- AGAINST THE VICTIM’S WILL ACROSS STATE OR FEDERAL LINES.
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
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.
5
SUFFICIENT OFFER UNDER THE COMMON LAW
- AT COMMON LAW, AN OFFER IS SUFFICIENT WHERE IT SPECIFIES THE PARTIES
- PRICE
- SUBJECT MATTER
- QUANTITY
- TIME OF PERFORMANCE.
2
COMMON LAW SOLICITATION
- A SPECIFIC INTENT CRIME
- WHERE DEFENDANT URGES ANOTHER PERSON TO COMMIT A CRIMINAL ACT.
6
COMMON LAW STATUTE OF FRAUDS - REQUIRES WRITING TO MAKE CONTRACTS FOR THE FOLLOWING SUBJECT MATTERS LEGALLY BINDING
- MARRIAGE
- CONTRACTS TAKING OVER A YEAR TO PERFORM
- CONTRACTS INVOLVING LAND
- EXECUTORY CONTRACTS
- SALES OF GOODS IN EXCESS OF $500.
- SURETY CONTRACTS
2
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.
3
COMMON LAW TRESPASS WAS THE CRIME OF
- WILLFULLY MAKING AN ENTRY ON TO REAL PROPERTY OR STRUCTURE
- WITHOUT THE PERMISSION OF ITS RIGHTFUL OCCUPIER
- WITH SPECIFIC INTENT TO INTERFERE WITH THE PROPERTY OR DISTURB THE PEACE THEREON.
4
COMMUNITY PROPERTY
- ALL PROPERTY
- ACQUIRED BY MARRIED PERSON
- WHILE DOMICILED IN CA
- THAT ISN’T CLASSIFIED AS SP
4
COMMUNITY PROPERTY
- ALL PROPERTY
- ACQUIRED BY MARRIED PERSON
- WHILE DOMICILED IN CA
- THAT ISN’T CLASSIFIED AS SP
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
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
3
COMMUNITY PROPERTY - CONTRIBUTIONS USED TO IMPROVE SPOUSE’S OWN SEPARATE PROPERTY - COMMUNITY IS REIMBURSED FOR
- INCREASED VALUE OF SEPARATE PROPERTY
- OR REIMBURSED FOR AMOUNT CONTRIBUTED
- WHICHEVER IS GREATER
2
COMMUNITY PROPERTY CONTRIBUTIONS
SPOUSE A USES CP TO IMPROVE TOWARD SPOUSE B’S SEPARATE PROPERTY -
OTHER PROPERTY (MINORITY VS. MAJORITY RULES)
- MAJORITY RULE - PRESUMED GIFT UNLESS WRITTEN AGREEMENT TO REIMBURSE
- MINORITY RULE - GIFT NOT PRESUMED AND REIMBURSEMENT GRANTED
6
COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -
PEREIRA FORMULA (PSP)
- START WITH ORIGINAL SP INVESTMENT
- MULTIPLY BY FAIR RATE OF RETURN (10 PERCENT)
- MULTIPLY THIS NUMBER BY THE NUMBER OF YEARS THE INVESTMENT HELD WHILE MARRIED
- ADD THIS NUMBER TO ORIGINAL SP INVESTMENT
- RESULT IS SEPARATE PROPERTY
- SUBTRACT RESULT FROM VALUE OF BUSINESS AT DISSOLUTION AND THIS RESULT IS COMMUNITY PROPERTY
2
COMMUNITY PROPERTY CONTRIBUTIONS
SPOUSE A USES CP TO IMPROVE TOWARD SPOUSE B’S SEPARATE PROPERTY -
OTHER PROPERTY
- MAJORITY RULE - PRESUMED GIFT UNLESS WRITTEN AGREEMENT TO REIMBURSE
- MINORITY RULE - GIFT NOT PRESUMED AND REIMBURSEMENT GRANTED
3
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
6
COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -
PEREIRA FORMULA (PSP)
- START WITH ORIGINAL SP INVESTMENT
- MULTIPLY BY FAIR RATE OF RETURN (10 PERCENT)
- MULTIPLY THIS NUMBER BY THE NUMBER OF YEARS THE INVESTMENT HELD WHILE MARRIED
- ADD THIS NUMBER TO ORIGINAL SP INVESTMENT
- RESULT IS SEPARATE PROPERTY
- SUBTRACT RESULT FROM VALUE OF BUSINESS AT DISSOLUTION AND THIS RESULT IS COMMUNITY PROPERTY
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
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
2
COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -
WHEN TO USE PEREIRA
- MOST VALUABLE FACTOR OF APPRECIATION WAS SPOUSE’S LABOR
- FAVORS COMMUNITY
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
5
COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -
VAN CAMP FORMULA
- START SALARY FOR SPOUSE (REASONABLE MARKET RATE)
- MULTIPLY THIS BY YEARS BUSINESS OPERATED DURING MARRIAGE
- DEDUCT COMMUNITY EXPENSES PAID WITH BUSINESS FUNDS
- RESULT IS COMMUNITY PROPERTY
- REMAINDER IS MANAGING SPOUSE’S SEPARATE PROPERTY
2
COMMUNITY PROPERTY CONTRIBUTIONS
SPOUSE A USES CP TO IMPROVE TOWARD SPOUSE B’S SEPARATE PROPERTY -
OTHER PROPERTY (MINORITY VS. MAJORITY RULES)
- MAJORITY RULE - PRESUMED GIFT UNLESS WRITTEN AGREEMENT TO REIMBURSE
- MINORITY RULE - GIFT NOT PRESUMED AND REIMBURSEMENT GRANTED
3
COMMUNITY PROPERTY ESSAY STRUCTURE (ROTH’S)
- INTRO
- GENERAL RULES
- ASSETS
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
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
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
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
1
COMPARATIVE FAULT - DEFENDANT MAY RAISE DEFENSE TO NEGLIGENCE WHERE
- PLAINTIFF CONTRIBUTED A PERCENTAGE OF FAULT TO THE ACCIDENT
2
COMPENSATORY DAMAGES FOR TORT
- MONETARY COMPENSATION
- AWARDED TO RETURN PLAINTIFF TO THE POSITION HE WAS IN BEFORE THE TORT OCCURRED.
2
COMPETENCE TO STAND TRIAL - DEFENDANT IS AWARE OF
- NATURE OF PROCEEDINGS AGAINST HIM
- POSSIBLE CONSEQUENCES OF PROCEEDING
3
COMPOUNDING IS THE CRIME OF
- TAKING MONEY OR SOMETHING OF VALUE
- IN EXCHANGE FOR A PROMISE
- TO NOT TO REPORT ANOTHER’S CRIME.
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
CONDEMNATION AND LEASEHOLDS - TO TERMINATE A LEASE - THE GOVERNMENT TAKING MUST BE
- COMPLETE
2
CONDITION CONCURRENT
- CONDITION MUST BE SATISFIED AT THE SAME TIME A PERFORMANCE DUTY RIPENS
- ESSENTIALLY NECESSITATING SIMULTANEOUS PERFORMANCE.
1
CONDITION PRECEDENT
- A CONDITION THAT MUST OCCUR FOR THE PERFORMANCE DUTY TO RIPEN.
2
CONDITION SUBSEQUENT
- A CONDITION OCCURRING AFTER AN ALREADY RIPENED DUTY.
- WHICH OCCURRENCE OR NON-OCCURENCE WILL EXCUSE THE DUTY.
3
WILLS - CONFLICT OF LAWS - WILL MUST COMPLY WITH THE LAWS OF THE PLACE
- TESTATOR DOMICILED AT TIME OF EXECUTION
- TESTATOR DOMICILED AT TIME OF DEATH
- WILL EXECUTED
1
CONGRESS MAY ONLY REGULATE PRIVATE ACTION UNDER
- THE THIRTEENTH AMENDMENT.
4
CONGRESSIONAL POWER - THESE FACETS OF INTERSTATE COMMERCE WILL TRIGGER COMMERCE CLAUSE
- CHANNELS OF INTERSTATE COMMERCE
- INSTRUMENTALITIES OF INTERSTATE COMMERCE
- PERSONS AND THINGS MOVING INTERSTATE COMMERCE
- ACTIVITIES INVOLVED IN INTERSTATE COMMERCE
2
CONGRESSIONAL POWER - RIGHT TO CONDITION FUNDING LIMITS
- MUST NOT BE EXCESSIVELY COERCIVE
- CONDITIONS MUST NOT BE AMBIGUOUS
2
CONGRESSIONAL POWER - WAR POWERS
- RIGHT TO DECLARE WAR
- RIGHT TO RAISE AND SUPPORT ARMED FORCES
1
CONGRESSIONAL POWER - DELEGATION LIMITATIONS
- CONGRESS MAY NOT DELEGATE ITS LEGISLATIVE POWERS
1
CONGRESSIONAL POWER - DELEGATION LIMITATIONS
- CONGRESS MAY NOT DELEGATE ITS LEGISLATIVE POWERS
1
CONGRESSIONAL POWERS - CONGRESS MAY DELEGATE ITS REGULATORY POWERS TO OTHER BRANCHES OF GOVERNMENT WHERE
- INTELLIGIBLE PRINCIPALS GOVERN THE EXERCISE OF THIS AUTHORITY
3
CONGRESSIONAL POWERS - CONGRESS RESPONSIBLE FOR ENFORCING THESE POST CIVIL WAR AMENDMENTS
- 13
- 14
- 15
2
CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATES ARE FREE TO REGULATE INTERSTATE COMMERCE WHERE THEY DO NOT
- DIRECTLY DISCRIMINATE AGAINST OUT OF STATE COMMERCE
- UNDULY BURDEN INTERSTATE COMMERCE
3
CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATE IS MARKET PARTICIPANT - STATE PREFERENCE TO CITIZENS MAY BE SHOWN IN
- BUYING OR SELLING STATE MADE GOODS
- GRANTING SUBSIDIES TO STATE CITIZENS
- HIRING STATE CITIZEN LABOR
2
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.
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
CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - FACIALLY DISCRIMINATORY STATE LAW UPHELD WHERE
- IT FURTHERS AN IMPORTANT NON ECONOMIC INTEREST AND
- THERE ARE NO LESS DISCRIMINATORY ALTERNATIVES AVAILABLE
- OR THE STATE IS A MARKET PARTICIPANT.
2
CONGRESSIONAL POWERS - NATURALIZATION AND BANKRUPTCY
- CONGRESS MAKES LAWS AFFECTING BANKRUPTCY
- CONGRESS MAKES LAWS AFFECTING NATURALIZATION OF CITIZENS
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
CONGRESSIONAL POWERS - STATE LAW DIRECTLY DISCRIMINATES AGAINST OUT OF STATE COMMERCE WHERE
- STATE LAW FACIALLY DISCRIMINATES AGAINST OUT OF STATE COMMERCE.
1
CONSEQUENCE OF COMPARATIVE FAULT FINDING
- PLAINTIFF’S RECOVERY IS REDUCED BY PERCENTAGE EQUAL TO PERCENTAGE OF FAULT FOUND
1
CONSEQUENCE OF CONTRIBUTORY NEGLIGENCE
- COMPLETE BAR TO PLAINTIFF’S RECOVERY
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
3
CONSEQUENCE OF JOINT AND SEVERAL LIABILITY
- PARTIES ARE EACH ASSIGNED A PERCENTAGE OF FAULT
- PLAITIFF MAY SEEK WHOLE AWARD FROM ANY DEFENDANT
- PAYING DEFENDANT/S SEEKS CONTRIBUTION FROM NON-PAYING DEFENDANT/S
3
CONSEQUENTIAL DAMAGES
- LOSSES RESULTING FROM THE BREACH
- THAT ANY REASONABLE PERSON COULD HAVE FORESEEN
- AT THE TIME OF ENTRY INTO THE CONTRACT
4
REQUIREMENTS FOR FINDING CONSEQUENTIAL DAMAGES
- DAMAGES CLEARLY CONTEMPLATED AT CONTRACT’S FORMATION
- CLEARLY UNAVOIDABLE BY THE PLAINTIFF
- CERTAIN IN AMOUNT
- CAUSED BY THE BREACH
3
CONSIDERATION REQUIRED FOR STOCK SHARES (AT COMMON LAW)
- ANY INTANGIBLE OR TANGIBLE BENEFIT TO CORP
- CANNOT BE FUTURE SERVICES
- CANNOT BE UNSECURED DEBT
3
DUE PROCESS CLAUSE LIMITATIONS ON STATUATORY BASES FOR PERSONAL JURISDICTION
- SUFFICIENT MINIMUM CONTACTS
- EXERCISE OF JURISDICTION IS REASONABLE
- AND DOESN’T OFFEND TRADITIONAL NOTIONS OF FAIR PLAY AND SUBSTANTIAL JUSTICE
3
CONSTRUCTIVE BREAKING FOR BURGLARY OCCURS WHEN ENTRY IS ACCOMPLISHED BY
- THREAT OF VIOLENCE OR
- AID OF CO-CONSPIRATOR OR
- TRICKERY
2
CONSTRUCTIVE CONDITIONS
- CONDITIONS IMPLIED BY THE NATURE AND EXPRESS TERMS OF THE CONTRACT
- THAT MUST BE SATISFIED BEFORE DUTIES RIPEN.
2
CONSTRUCTIVE EVICTION APPLIES TO THESE LEASES
- RESIDENTIAL LEASES
- COMMERCIAL LEASES
4
CONSTRUCTIVE EVICTION REQUIREMENTS
- PREMISES VIRTUALLY UNINHABITABLE BECAUSE OF SUBSTANTIAL INTERFERENCE WITH PROPERTY USE AND ENJOYMENT
- TENANT MUST NOTIFY LANDLORD
- LANDLORD MUST FAIL TO RESPOND
- TENANT MUST MOVE OUT W/IN REASONABLE TIME
2
CONSTRUCTIVE SERVICE - REGISTERED MAIL
- DEFENDANTS MAY BE SERVED BY REGISTERED MAIL
- IF THEY AGREED TO WAIVE SERVICE OF PROCESS.
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
1
CONTENT NEUTRAL SPEECH REGULATIONS STANDARD OF REVIEW
- INTERMEDIATE REVIEW
5
CONTINGENCY FEE REQUIREMENTS
- IN WRITING
- SIGNED BY THE CLIENT
- DESCRIBING DUTIES OF LAWYER AND CLIENT
- FEE OF LAWYER
- WHETHER OR NOT FEE IS BEFORE OR AFTER PAYMENT OF COSTS
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
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.
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.
CONTRIBUTORY NEGLIGENCE - PLAINTIFF’S CONTRIBUTING NEGLIGENCE IS A COMPLETE BAR TO RECOVERY UNLESS LAST CLEAR CHANCE DOCTRINE SHOWS
- DEFENDANTS HAD THE LAST CLEAR CHANCE TO AVOID AN ACCIDENT.
1
CONTRIBUTORY NEGLIGENCE AVAILABLE DEFENSE WHERE
- PLAINTIFF CONTRIBUTED TO HIS OR HER OWN INJURY
1
CONTROLLING SHAREHOLDERS
- A SHAREHOLDER WITH ENOUGH VOTING STRENGTH TO IMPACT CORPORATION
1
CORPORATE CONVERSION
- ENTITY CHANGES CORPORATE FORM
2
CORPORATE DEBT CLASSES
- SECURED DEBT IS BOND
- UNSECURED DEBT IS DEBENTURE
1
CORPORATE BOARD OF DIRECTORS MAY DELEGATE AUTHORITY TO ACT TO COMMITTEE OR OFFICER WHERE THIS IS GIVEN
- UNANIMOUS WRITTEN CONSENT OF DIRECTORS
1
CORPORATE BOND HOLDER HAS RIGHT TO RECIEVE
- PAYMENTS PER INDENTURE AGREEMENT
4
REQUIRED NUMBER, RESIGNING AND REMOVAL OF CORPORATE DIRECTORS
- MUST BE AT LEAST ONE
- MAY RESIGN W/NOTICE
- MAY BE REMOVED BY SHAREHOLDER VOTE
- MODERNLY, REMOVAL CAN HAPPEN W OR W/OUT CAUSE
1
CORPORATE OFFICERS - APPOINTMENT
- APPOINTED BY BOARD
3
CORPORATE OFFICERS JOB ACTIONS
- IMPLEMENT BOARD DECISIONS
- ACT AS AGENTS OF CORP
- ACTIONS BIND CORP
2
CORPORATE OFFICERS - REMOVAL AND RESIGNATION
- MAY BE REMOVED WITH SHAREHOLDER VOTE
- MAY RESIGN WITH NOTICE
2
CORPORATION BY ESTOPPEL - REMEDY IS AVAILABLE WHERE PLAINTIFF
- REASONABLY RELIED ON REPRESENTATIONS OF CORP STATUS
- AND IS SEEKING REMEDY AT CONTRACT
1
CORPORATION PRINCIPAL PLACE OF BUSINESS - NERVE CENTER TEST
- THE LOCATION WHERE CORPORATE OFFICERS CONTROL AND COORDINATE THE CORPORATION’S ACTIVITIES
2
CORPORATION REQUIREMENTS TO BE SUBJECT TO 16B
- LISTED ON NATIONAL STOCK EXCHANGE
- OR HAVE 10 MILLION MORE IN ASSETS AND AT LEAST 500 SHAREHOLDERS
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
1
CORPORATION’S RESIDENCE FOR VENUE OF FEDERAL COURT IS ESTABLISHED BY
- WHERE THEY ARE SUBJECT TO PERSONAL JX AT THE TIME OF FILING.
3
COUNTERCLAIM DEFINITION
- OFFENSIVE CLAIM
- FILED AGAINST AN OPPOSING PARTY
- IN FEDERAL COURT
1
COURT’S LIKELIHOOD TO INTERVENE WHERE BOTH PARTIES ENTER A CONTRACT WITH EQUAL GUILT
- WHERE BOTH PARTIES ENTER THE CONTRACT WITH EQUAL AMOUNTS OF GUILT, THE COURT WILL NOT INTERVENE.
2
COURTS OF LIMITED AND GENERAL SUBJECT MATTER JURISIDICTION
- STATE COURTS - GENERAL SUBJECT MATTER JURISICTION WITH JURISDICTION OVER ANY MATTER NOT W/IN EXCLUSIVE JURISDICTION OF ANOTHER COURT
- FEDERAL COURTS - LIMITED SUBJECT MATTER JURISDICTION WITH JURISDICTION OVER ONLY FEDERAL QUESTION AND DIVERSITY OF CITIZENSHIP CASES.
4
COURT’S HAS POWER TO TERMINATE TRUST WHERE THERE IS
- FRUSTRATION OF PURPOSE
- IMPOSSIBLITY
- ILLEGALITY
- CHANGED CIRCUMSTANCES
1
COURTS WILL TYPICALLY NOT TRANSFER INTENT FOR
- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
2
COVENANT
- PROMISE CONTAINED IN A CONTRACT
- LESSER THAN A MATERIAL CONDITION
3
CRIMINAL ASSAULT ELEMENTS
- A SPECIFIC INTENT CRIME
- OF ATTEMPTED BATTERY
- OR INTENTIONALLY ACTING TO MAKE VICTIM FEAR AN IMMINENT HARMFUL OR OFFENSIVE CONTACT WITH VICTIM’S PERSON.
2
CRIMINAL CASES - RAPE - SPECIFIC INSTANCES OF VICTIM’S CONDUCT ARE ONLY ADMISSIBLE TO SHOW
- THIRD PARTY IS THE SOURCE OF INJURY
- PRIOR ACTS OF CONSENSUAL INSTERCOURSE BETWEEN D AND ALLEGED VICTIM
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.
2
CRIMINAL HOMICIDE
- AN UNLAWFUL KILLING OF A HUMAN BEING
- COMMITTED BY ANOTHER HUMAN BEING
2
CRIMINAL NEGLIGENCE
- CRIMINAL NEGLIGENCE IS A DELIBERATE GROSS DEVIATION FROM THE DUTY OF CARE
- EXERCISED BY A REASONABLY PRUDENT PERSON.
1
CRIMINAL PROSECUTOR MUST HAVE THIS BASIS TO BRING CRIMINAL CHARGES
- PROBABLE CAUSE
1
CROSS-CLAIMS AND COUNTERCLAIMS FOR AGGREGATION OF CLAIMS TO GET TO 75,000 FOR DIVERSITY
- NOT ALLOWED.
3
CROSSCLAIMS
- OFFENSIVE CLAIM FILED IN FEDERAL COURT
- AGAINST THIRD PARTY ARISING FROM SAME TRANSACTION OR OCCURRENCE GIVING RISE TO PLAINTIFF’S CLAIM
- MAY BE FILED IN PLAINTIFF’ CASE OR A SEPARATE MATTER
4
STEPS FOR CURING THE CONFLICT OF INTEREST ARISING FROM A SELF-DEALING CONTRACT BETWEEN A CONFLICTED BOARD MEMBER AND THE CORPORATION
- MATERIAL DISCLOSURE MUST BE MADE BY CONFLICTED PARTY
- CONTRACT MUST BE FAIR
- THE CONTRACT CAN BE THEN AUTHORIZED BY DISINTERESTED BOARD MEMBERS
- OR CONTRACT CAN THEN APPROVED BY MAJORITY OF SHAREHOLDERS
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
2
DAMAGES AND RESCISSION - CONSEQUENCE OF ORDER OF RELIEF SOUGHT
- PLAINTIFF SUES FOR DAMAGES FIRST, RESCISSION NOT ALLOWED
- PLAINTIFF SUES FOR RESCISSION FIRST, DAMAGES ARE ALLOWED.
1
DAMAGES FOR BREACH OF LAND SALE CONTRACT
ARE USUALLY CALCULATED BY:
- FINDING THE DIFFERENCE BETWEEN THE MARKET PRICE AND THE CONTRACT PRICE
1
DATE OF ACCEPTANCE OF DEED
- OCCURS ON THE DATE DEED DELIVERED INTO ESCROW UNLESS PARTIES EXPRESSLY AGREE OTHERWISE.
2
DE FACTO CORPORATION IS CREATED BY A
- GOOD FAITH BUT UNSUCCESSFUL ATTEMPT TO INCORPORATE
- UNDER A VALID INCORPORATION STATUTE
6
DE JURE CORPORATION (MA PAIN)
- MEETS STATUATORY REQUIREMENTS INCLUDING SOS FILING THAT DETAILS
- AUTHORIZED NUMBER OF SHARES
- PURPOSE OF CORP
- AGENT’S NAME AND ADDRESS
- INCORPORATOR’S NAME AND ADDRESS
- NAME OF CORPORATION
2
DEADLINE TO FILE ANSWER TO FEDERAL CIVIL COMPLAINT
- 21 DAYS OR
- 60 DAYS IF SERVICE OF PROCESS WAIVED.
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
DEBT - SPOUSE’S SEPARATE PROPERTY’S AVAILABILITY
FOR COMMUNITY LIABILITY
- SPOUSES SEPARATE PROPERTY ONLY AVAILABLE FOR PERSONAL LIABILITY
- UNLESS COMMUNITY DEBT INCURRED BY NECESSARIES OF LIFE FOR CHILD OR SPOUSE
3
DEBT - STEPS FOR SHIELDING NON-DEBTOR SPOUSE’S EARNINGS
- EARNINGS DEPOSITED INTO DEPOSIT ACCOUNT
- FROM WHICH DEBTOR SPOUSE CANNOT WITHDRAW FUNDS
- AND COMMUNITY (OR DEBTOR SPOUSE’S) FUNDS ARE NEVER COMMINGLED
2
THE COMMUNITY IS LIABLE FOR DEBTS INCURRED
- DURING THE MARRIAGE BY EITHER SPOUSE
- DEBTS INCURRED BEFORE MARRIAGE BY EITHER SPOUSE
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
2
DEED DEFINITION - A DEED IS A DOCUMENT THAT
- TRANSFERS TITLE OF REAL PROPERTY
- FROM ONE PARTY TO ANOTHER.
3
TO BE EFFECTIVE, A DEED MUST
- COMPLY WITH FORMALITY REQUIREMENTS,
- BE DELIVERED
- AND ACCEPTED
3
DEED OF TRUST
- FUNCTIONS LIKE MORTGAGE
- GIVEN TO THIRD PARTY TRUSTEE
- DEBTOR IS MADE “TRUSTOR”
3
DEEP ROCK DOCTRINE
- CORPORATION IS INSOLVENT
- 3RD PARTY CREDITORS PAID FIRST
- SHAREHOLDER CLAIMS SUBORDINATE
3
DEFAMATION - DEFENSE OF ABSOLUTE PRIVILEGE TRIGGERS
- SPOUSAL PRIVILEGE
- MADE ON THE LEGISLATURE FLOOR
- MADE DURING JUDICIAL PROCEEDINGS
3
DEFAMATION - LIABILITY ARISES WHERE DEFENDANT
- PUBLISHES A FALSE STATEMENT OF MATERIAL FACT
- TO A THIRD PARTY
- CAUSING DAMAGES TO PLAINTIFF’S REPUTATION
1
DEFAMATION - TO BE A PUBLIC FIGURE, AN INDIVIDUAL MUST
- AFFIRMATIVELY ACT TO STEP INTO THE SPOTLIGHT
2
DEFENDANT LOSES QUALIFIED PRIVILEGE FOR DEFAMATION DEFENSE WHERE
- HE ACTS WITH MALICE
- OR OUTSIDE THE SCOPE OF PRIVILEGE
2
DEFENDANT MAY USE THE TORT DEFENSE OF SELF WHERE HE
- USES REASONABLE FORCE
- IS NOT THE AGGRESSOR
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
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
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
3
DEFENDANT’S RIGHT TO REMOVE TO FEDERAL COURTREQUIREMENTS
- SUBJECT MATTER JX
- IF DIVERSITY CASE, DEFENDANT CANT BE CITIZEN OF FORUM STATE
- REMOVABLE MUST BE TO FEDERAL COURT EMBRACING STATE COURT WHERE CASE ORIGINALLY FILED
3
DEFENSE OF CONSENT - DEFENDANT MAY RAISE DEFENSE OF CONSENT TO ACTS
- NOT CAUSING SERIOUS BODILY HARM OR DEATH
- CONSENTED TO BY FULLY INFORMED ADULT
- WITH LEGAL CAPACITY TO CONSENT.
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.
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.
2
DEFENSE OF DURESS (CONTRACTS)
- WHERE DEFENDANT ENTERED CONTRACT DU TO THREAT OF HARM
- OR WHERE DELIBERATE ACTS WHERE PERFORMED TO CREATE THE THREAT OF ECONOMIC HARM.
1
DEFENSE OF DWELLING
- A DEFENDANT IS PRIVILEGED TO USE REASONABLE FORCE TO DEFEND HIS DWELLING.
2
DEFENSE OF DWELLING - CALIFORNIA - DEADLY FORCE MAY BE USED WHERE
- UNLAWFUL FORCED ENTRY INTO DWELLING
- REASONABLE BELIEF OF IMMINENT THREAT OF INJURY OF DEATH OR INJURY TO SELF OR FAMILY
2
DEFENSE OF DWELLING - COMMON LAW - DEADLY FORCE COULD BE USED WHERE
- REASONABLY BELIEVED NECESSARY TO PREVENT A FORCEABLE INTRUSION
- WARNING HAD BEEN GIVEN TO INTRUDER NOT TO ENTER.
2
DEFENSE OF ENTRAPMENT
- DEFENDANT MAY RAISE DEFENSE OF ENTRAPMENT
- WHERE CRIMINAL INTENT IS THE RESULT OF IMPROPER POLICE BEHAVIOR
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.
2
DEFENSE OF ILLEGALITY - WHERE THE DEFENSE MAY BE RAISED
- WHERE THE PARTIES DID ENTER THE CONTRACT IN PARI DELICTO
- JUSTICE DEMANDS ENFORCEMENT OF THE CONTRACT TO SOME DEGREE
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.
2
DEFENSE OF INFANCY - DEFENDANT MAY RAISE THE DEFENSE OF INFANCY WHERE DEFENDANT WAS
- UNDER SEVEN YEARS OLD AND CONCLUSIVELY PRESUMED TO BE UNABLE TO FORM CRIMINAL INTENT
- BETWEEN AGE OF SEVEN AND FOURTEEN AT TIME OF ALLEGED CRIME AND THEREFORE REBUTTABLY PRESUMED TO BE INCAPABLE OF FORMING CRIMINAL INTENT.
1
DEFENSE OF INSANITY
- DEFENDANT MAY RAISE DEFENSE OF INSANITY TO NEGATE CRIMINAL INTENT
4
DEFENSE OF INVOLUNTARY INTOXICATION
- A DEFENDANT MAY RAISE THE DEFENSE OF INVOLUNTARY INTOXICATION
- TO NEGATE CRIMINAL INTENT
- WHEN THE DEFENDANT WAS UNAWARE HE WAS UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE
- AT THE TIME OF THE ALLEGED CRIMINAL ACT.
1
DEFENSE OF LACK OF CAPACITY
- DEFENSE OF LACK OF CAPACITY IS NO DEFENSE TO CIVIL LIABILITY
2
DEFENSE OF LACK OF CAPACITY MAY BE RAISED WHERE THE PLAINTIFF SUFFERED FROM ONE OF THE FOLLOWING CONDITIONS AT THE TIME OF ENTRY INTO THE CONTRACT
- HE WAS UNDERAGE
- OR ADJUDICATED LEGALLY INSANE
.
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.
1
DEFENSE OF MISTAKE OF FACT - THE DEFENSE MAY RAISE THE DEFENSE OF MISTAKE OF FACT WHERE IT NEGATES
- SPECIFIC INTENT.
1
DEFENSE OF MISTAKE OF LAW
- MISTAKE OF LAW MAY NEVER ALTER AN ACT’S ILLEGALITY
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
1
DEFENSE OF NECESSITY (CRIMINAL) MAY BE RAISED BY DEFENDANT WHERE
- DEFENDANT REASONABLY BELIEVED ACT WAS NECESSARY TO PROTECT SELF, OTHERS AND/OR PROPERTY
2
DEFENSE OF OTHERS - THE DEFENDANT MAY RAISE THE DEFENSE OF OTHERS DEFENSE WHERE HE
- USED FORCE AS REASONABLY NECESSARY
- TO DEFEND OTHERS FROM AN AGGRESSOR.
2
DEFENSE OF PREVENTION OF CRIME - DEFENDANT IS PRIVILEGED TO USE
- E REASONABLE FORCE
- TO PREVENT COMMISSION OF SERIOUS CRIMES OCCURRING IN HER PRESENCE. .
3
DEFENSE OF PROPERTY -DEFENDANT IS PRIVILEGED TO USE
- REASONABLE NONDEADLY FORCE
- TO PROTECT HIS
- OR OTHER’S PROPERTY FROM HARM.
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.
3
DEFENSE OF RECAPTURE OF CHATTELS - WHERE ATTEMPTING TO RECLAIM WRONGFULLY TAKEN CHATTEL, DEFENDANT WAS PRIVILEGED TO
- MAKE DEMAND FOR CHATTEL, UNLESS FUTILE OR DANGEROUS
- USE REASONABLE FORCE TO RECOVER
- WHILE IN HOT PURSUIT
2
DEFENSE OF SELF
- DEFENDANT IS PRIVILEGED TO USE REASONABLE FORCE TO DEFEND HIMSELF
- WHERE HE IS NOT THE AGGRESSOR.
1
CONTRACTS - DEFENSE OF UNILATERAL MISTAKE AVAILABLE WHERE
- DEFENDANT ENTERED THE CONTRACT WITH A MISUNDERSTANDING OF MATERIAL FACT.
3
SOME JURISIDCTIONS ALLOW A DEFENDANT TO USE THE DEFENSE OF WITHDRAWAL TO ACCOMPLICE LIABLITY WHERE DEFENDANT
- VOLUNTARILY STOPPED PARTICIPATING IN CRIME
- RELAYED HIS WITHDRAWAL TO PARTICIPANTS
- ACTED TO DISSUADE OR STOP PARTCIPANTS FROM CONTINUING WITH CRIME.
3
DEFENSE TO SPECIFIC PERFORMANCE -
DISPROPORTIONATE HARDSHIP - COURT WILL NOT ORDER SPECIFIC PERFORMANCE WHERE
- HARDSHIP CAUSED TO DEFENDANT AND PUBLIC
- GREATLY OUTWEIGHS HARDSHIP TO PLAINTIFF
- IF SPECIFIC PERFORMANCE NOT GRANTED
3
DEFENSES TO DEFAMATION
- ABSOLUTE PRIVILEGE
- QUALIFIED PRIVILEGE
- TRUTH
7
DEFENSES TO FAILURE TO PAY RENT
- FAILURE TO DELIVER POSSESSION
- BREACH OF COVENANT OF QUIET ENJOYMENT
- CONSTRUCTIVE EVICTION
- NO FAULT DESTRUCTION OF PREMISES
- CONTRACT DEFENSES
- SURRENDER OF PREMISES ACCEPTED BY LANDLORD
- RELETTING OF PREMISES BY LANDLORD
7
DEFENSES TO INTENTIONAL TORTS - CON PADS
- CONSENT
- OTHERS DEFENSE
- NECESSITY
- PRIVILEGE
- ARREST
- DISCIPLINE
- SELF-DEFENSE
3
DEFENSES TO NEGLIGENCE
- COMPARATIVE FAULT
- CONTRIBUTORY NEGLIGENCE
- ASSUMPTION OF RISK (PRIMARY AND SECONDARY)
- FAILURE TO MITIGATE
3
DEFICIENCY JUDGMENT FOR MORTGAGES ONLY ALLOWED WHERE
- PROPERTY SOLD FOR LESS THAN AMOUNT OWED
- JUDICIAL FORECLOSURE
- LOAN WAS NOT A PURCHASE MONEY MORTGAGE
2
DEGREE OF RELATION’S EFFECT ON ANTILAPSE
- ISSUE TAKES PER CAPITA WHERE SAME DEGREE OF RELATION
- WHERE MORE REMOTELY RELATED, PER CAPITA W/REPRESENTATION
3
DELEGATION
- A TRANSFER OF CONTRACTUAL DUTIES
- MADE BY A CLEAR STATEMENT OF DELEGATOR’S INTENT TO TRANSFER CONTRACTUAL DUTIES TO DELEGATEE
- AND DELEGATEE AGREES.
2
ENFORCEABLITY OF DELEGATION OF UNIQUE SERVICES
- WHERE THE CONTRACT DUTIES ARE PERFORMANCE OF PROMISEE’S UNIQUE SERVICES OR ATTRIBUTES
- THEY WILL NOT BE CONSIDERED DELEGABLE TO A THIRD PARTY.
3
INTENT REQUIREMENT FOR EFFECTIVE DELIVERY OF DEED - GRANTOR MUST MANIFEST
- ASCERTAINABLE INTENT TO MAKE DEED EFFECTIVE
- INTENT CAN BE INFERRED
- EVEN WHERE ACTUAL DELIVERY OF THE DOCUMENT ITSELF IS POSTPONED
1
TO BE ADMISSIBLE, DEMONSTRATIVE EVIDENCE MUST BE
- A FAIR REPRESENTATION OF WHAT IS BEING DEMONSTRATED
2
DEMONSTRATIVE GIFTS
- GENERAL GIFTS
- SPECIFYING PROPERTY OR PARTICULAR FUND FROM WHICH GIFT SHOULD BE MADE
4
DEPENDANT RELATIVE REVOCATION NOT APPLICABLE WHERE SUBSEQUENT WILL IS INVALID DUE TO
- INEFFECTIVE EXECUTION
- FRAUD
- DURESS
- INFLUENCE
4
DEPENDENT RELATIVE REVOCATION
- TESTATOR REVOKES WILL
- WITH MISTAKEN BELIEF THAT SUBSEQUENT WILL OR CODICIL IS VALID
- SUBSEQUENT WILL OR CODICIL IS INVALID
- COURT WILL FIND FIRST WILL VALID
2
DEPENDENT RELATIVE REVOCATION REVIVES
- MOST RECENT WILL
- UNLESS CLEAR INTENT FROM TESTATOR TO REVIVE AN EARLIER WILL
1
DESTRUCTIBILITY OF CONTINGENT REMAINDERS AT COMMON LAW
- WHERE REMAINDER WAS STILL CONTINGENT AT END OF PRECEEDING ESTATE, REMAINDER WAS DESTROYED.
1
DETRIMENTAL RELIANCE ON A FUTURE GIFT IS ONLY AN AVAILABLE ENFORCEMENT MECHANISM WHERE
- INJUSTICE CAN ONLY BE AVOIDED BY SUCH ENFORCMENT.
2
DIFFERENCE BETWEEN AGENT AND AN INDEPENDENT CONTRACTOR
- PRINCIPAL CONTROLS METHOD AND MANNER OF AGENT’S PERFORMANCE
- PRINCIPAL CANNOT CONTROL METHOD AND MANNER OF INDEPENDENT CONTRACTOR’S PERFORMANCE
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.
2
DIFFERENCES BETWEEN LEARNED TREATISE EXCEPTION - FRE AND CEC
- FRE: ADMISSIBLE TO PROVE ANYTHING WHERE LEARNED TREATISE IS ACCEPTED AUTHORITY IN FIELD
- CA: ONLY ADMISSIBLE TO SHOW GENERAL NOTORIETY OR INTEREST, MEANING THIS EXCEPTION IS VERY NARROW AND ALMOST NEVER APPLICABLE.
4
PRESENT RECOLLECTION REFRESHED DIFFERENCES FROM PRESENT RECOLLECTION RECORDED
- RECORD DOESN’T NEED TO HAVE BEEN MADE IMMEDIATELY AFTER EVENT
- RECORD DOESN’T NEED TO HAVE BEEN MADE FROM FIRST HAND KNOWLEDGE
- WITNESS DOESN’T NEED TO HAVE BEEN INVOLVED WITH DOCUMENT CREATION.
- WITNESS NEED NOT TESTIFY TO RECORD’S ACCURACY.
2
DIRECT TRACING
- ADVOCATING SPOUSE SHOWS SUFFICIENT SP FUNDS AVAILABLE AT THE TIME OF PROPERTY’S PURCHASE
- AND INTENT TO USE FUNDS TO PURCHASE PROPERTY AS AN SP ASSET
2
CORPORATE DIRECTORS AND OFFICERS DUTY OF CARE - DIRECTORS AND OFFICERS MUST
- ACT AS A REASONABLY PRUDENT PERSON WOULD ACT
- UNDER SIMILAR CIRCUMSTANCES
2
PREMARITAL AGREEMENT RECEIPT REQUIREMENTS - RECIPIENT MUST DECLARE
- RECEIPT OF DISCLOSURE IN WRITING
- NAME OF PARTY DELIVERING DISCLOSURE IN WRITING
1
DISCRETIONARY SUPPORT TRUST - TRUSTEE HAS AUTHORITY TO
- DISTRIBUTE OR WITHHOLD PAYMENTS
2
SHAREHOLDER RIGHTS - SHAREHOLDERS WHO DISSENT FROM A PROPOSED FUNDAMENTAL CORPORATE CHANGE
- MAY HAVE RIGHT TO DEMAND CORP PURCHASE THEIR SHARES
- AT FAIR MARKET VALUE
2
DISSENTING SHAREHOLDER’S PAYMENT FOR SHARES
- FAIR MARKET VALUE OF SHARES
- INTEREST
5
DISSOLUTION OF LLC
COMMON LAW/MODERN LAW SPLIT
- COMMON LAW - DISSASSOCIATE A MEMBER AND IT DISSOLVES THE LLC
- MODERNLY, DISSOLUTION ONLY CAUSED BY OPERATING AGREEMENT
- OR CONSENT BY ALL MEMBERS
- OR EVENT MAKING LLC’S BUSINESS ILLEGAL
- JUDICIAL DECREE
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
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
2
DISTRIBUTION OF ASSETS AT DEATH - WHERE DECEDENT TRIES TO DEVISE MORE THAN 1/2 COMMUNITY ASSETS IN WILL, SURVIVING SPOUSE MAY ELECT TO
- TAKE CP RIGHTS INSTEAD OF DEVISE OR
- TAKE DEVISE UNDER WILL IN LIEU OF CP RIGHTS
2
DISTRIBUTION OF COMMNITY ASSETS AT DEATH - GENERAL RULE
- ONE HALF CP AND QCP TO SURVIVING SPOUSE
- ONE HALF CP AND QCP TO ESTATE
2
DISTRIBUTION OF ASSETS AT DEATH - SPOUSES’ RIGHTS TO QCP
- DECEDENT DOES NOT HAVE 1/2 INTEREST IN SURVIVING SPOUSES QCP
- SURVIVING SPOUSE DOES HAVE 1/2 INTEREST IN DECEDENT’S QCP
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
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
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
3
DISTRIBUTION OF ASSETS AT DIVORCE - TWO MARRIAGES
- JURISDICTIONAL SPLIT
- SOME JURISIDICTIONS DIVIDE ASSETS EQUALLY BETWEEN ALL SPOUSES
- SOME JURISDICTIONS DIVIDE ASSETS EQUALLY BETWEEN INNOCENT SPOUSES
2
DIVERSITY - POTENTIAL LOSS WHERE DAMAGES AWARDED ARE LESS THAN 75,000
- IF BAD FAITH PROVEN
- DEFENDANT WILL RECEIVE AN AWARD OF ATTORNEYS FEES AND COSTS
2
DIVERSITY JURISDICTION AND WORKER’ COMPENSATION CASES
- WORKERS’ COMPENSATION CASES MAY NOT BE REMOVED TO ANY DISTRICT COURT
- DIVERSITY JURISDICTION NOTWITHSTANDING.
3
DIVIDENDS MAY ONLY BE GIVEN WHERE
- BOARD DIRECTS
- ALLOWED BY ARTICLES
- DOES NOT CAUSE INSOLVENCY
3
METHODS OF PAYING DIVIDENDS TO SHAREHOLDERS
- CASH
- SHARES
- PROPERTY
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.
2
DIVULGING RISK OF MEDICAL PRACTICIONER - JURSISDICITONAL SPLIT - MINORITY AND CALIFORNIA VIEW
- DOCTORS MUST DIVULGE ALL RISKS THE REASONABLE PATIENT WOULD WANT TO KNOW BEFORE COMMENCING PROCUDURE
- CA PATIENT MUST SHOW THEY WOULD NOT HAVE UNDERGONE PROCEDURE WITH NOTICE OF RISKS
1
DIVULGING RISK OF MEDICAL PRACTICIONER - JURSISDICITONAL SPLIT - MAJORITY VIEW
- DOCTOR MUST DIVULGE RISKS THAT ARE CUSTOM AND PRACTICE FOR DOCTORS TO CUSTOMARILY DIVULGE
1
DOES LP CONTINUE TO EXIST DURING WINDING UP PERIOD?
- YES
2
DOMICILE REQUIREMENTS FOR PRIVATE CITIZEN
- PARTY HAS SUBJECTIVE INTENT TO MAKE STATE HIS PERMANENT HOME
- PARTY IS PHYSICALLY PRESENT IN THE STATE.
2
DOUBLE JEOPARDY AND SEPARATE SOVEREIGNS - A DEFENDANT MAY BE PROSECUTED FOR THE SAME CRIMINAL CONDUCT BY
- TWO DIFFERENT STATES
- A STATE AND FEDERAL GOVERNMENT
2
DRAM SHOP LIABILITY IN CALIFORNIA
- NO LIABILITY FOR SERVING INTOXICATED PERSONS
- UNLESS INTOXICATED PERSONS ARE MINORS
1
DRUG SMELLING DOGS MAY CONSTITUTE SENSORY ENHANCING TECHNOLOGY WHERE USED
- ON A FRONT PORCH
1
DRUG SMELLING DOGS ARE OK AND NOT VIOLATIVE OF FOURTH AMENDMENT WHERE USED IN
- TRAFFIC STOPS
1
DURATION OF OBLIGATION TO REPORT CLIENT PERJURY
- DURATION OF CASE THROUGH APPEAL
8
DUTES OF TRUSTEE
- DUTY TO ACCOUNT AND INFORM
- DUTY OF DUE CARE
- DUTY OF IMPARTIALITY BETWEEN CLASSES OF BENEFICIARIES
- DUTY TO SEGREGATE AND EARMARK TRUST FUNDS
- DUTY OF LOYALTY
- DUTY TO PRUDENTLY INVEST TO MAKE PROPERTY PRODUCTIVE
- DUTY TO DEFEND
- DUTY TO ENFORCE
3
CORPORATE OFFICERS AND DIRECTORS - FUDICIARY DUTIES - OFFICERS AND DIRECTORS HAVE A DUTY OF
- CARE
- LOYALTY
- DISCLOSURE
3
DUTIES OF WITHDRAWING LAWYER
- RETURN CLIENT FILES
- RETURN UNEARNED FEES
- GIVE OPPOSING COUNSEL NOTICE
1
DUTY BASED ON PERIL ARISES WHERE DEFENDANT CREATES
- REASONABLY FORESEEABLE DANGER TO OTHERS
2
DUTY OF CANDOR - ATTORNEY MUST NOT
- MAKE FALSE STATEMENTS TO COURT AND/OR OPPOSING COUNSEL
- ALLOW CLIENT TO MAKE FALSE REPRESENTATIONS TO COURT
4
DUTY OF COMPETENCE - REASONABLE SKILL ASSESSMENT FACTORS
- YEARS PRACTICING LAW
- AMT OF TIME BECOMING INFORMED
- EXPERTISE IN SUBJECT
- ABILITY TO ASSOCIATE WITH MORE EXPD COUNSEL
1
DUTY OF CONFIDENTIALITY - ATTORNEY MAY NOT DISCLOSE
- CLIENT’S COMMUNICATIONS MADE DURING THE REPRESENTATION
3
OFFICERS AND DIRECTORS - UNDER THE DUTY OF DISCLOSURE, OFFICERS AND DIRECTORS MUST
- DISCLOSE ALL MATERIAL INFORMATION
- RELEVANT TO CORPORATION
- TO THE BOARD OF DIRECTORS
3
OFFICERS AND DIRECTORS - UNDER THE DUTY OF DISCLOSURE, OFFICERS AND DIRECTORS MUST
- DISCLOSE ALL MATERIAL INFORMATION
- RELEVANT TO CORPORATION
- TO THE BOARD OF DIRECTORS
3
DUTY OF DUE CARE OF TRUSTEE -ELEMENTS
- DUTY TO INVESTIGATE INVESTIMENTS
- DUTY TO DIVERSIFY INVESTMENTS
- DUTY TO ACT AS A REASONABLY PRUDENT PERSON WOULD IN HIS OWN AFFAIRS
2
DUTY OF FAIRNESS - ATTORNEY WHO RECEIVES CONFIDENTIAL DOCUMENT BELONGING TO OPPOSING SIDE MUST
- STOP READING DOCUMENT
- NOTIFY SENDER OF INADVERTANT DISCLOSURE
4
DUTY OF FAIRNESS TO OPPOSING PARTY - ATTORNEY MUST
- DISCLOSE INADVERTANT DISCLOSURE
- NOT TAMPER W/EVIDENCE
- PRODUCE INCRIMINATING EVIDENCE
- MAKE REASONABLE EFFORTS TO EXPEDITE LITIGATION
1
ATTORNEY’S DUTY OF FAIRNESS
TO THIRD PERSONS
- AN ATTORNEY HAS A DUTY TO ACT AS FAIR AS REASONABLY POSSIBLE TO THIRD PERSONS
2
CORPORATE DIRECTORS AND OFFICERS BREACH THEIR FIDUCIARY DUTY OF LOYALTY AND CREATE A CONFLICTS OF INTEREST WHERE THEY
- USURP CORPORATE OPPORTUNITIES
- COMPETE WITH CORPORATION
3
DUTY OF LOYALTY - CONFLICTING INTEREST MUST NOT BELONG TO
- LAYWER
- ONE OF THE LAWYER’S OTHER CLIENTS
- A THIRD PARTY WITH WHOM THE LAYWER IS CLOSELY RELATED
2
DUTY OF LOYALTY - REQUIRED STEPS TO AVOID USURPING CORPORATE OPPORTUNITY - OFFICER MUST
- FIRST OFFER OPPORTUNITY TO CORP
- WHERE CORP WOULD EXPECTED TO BE PRESENTED WITH OPPORTUNITY
2
DUTY OF TRADING INSIDER
- DISCLOSE MATERIAL NON-PUBLIC INFO
- OR REFRAIN FROM TRADING
2
DUTY TO COMMUNICATE - ATTORNEY MUST
- COMMUNICATE WITH CLIENT
- KEEP CLIENT REASONABLY INFORMED ALL OF SIGNFICANT DEVELOPMENTS IN REPRESENTATION
2
DUTY TO MAINTAIN DIGNITY OF PROFESSION - LAWYER MUST NOT DO ANYTHING THAT
- BRINGS DISDAIN TO THE PROFESSION IN THE PUBLIC EYE
- WITHOUT JUSTIFICATION, REPRESENT ANOTHER LAWYER IS DISHONEST OR UNTRUSTWORTHY
1
DUTY TO MITIGATE, INJURED TORT PLAINTIFF HAS DUTY TO
- SEEK TREATMENT
1
DUTY TO NOT SUBORN PERJURY - ATTORNEY MUST NOT
- CALL A WITNESS THAT THE LAWYER KNOWS WILL PERJUR HIMSELF.
1
DUTY TO SEEK JUSTICE/NOT PURSUE CHARGES W/OUT PROBABLE CAUSE - PROSECUTOR MUST
- ONLY PROSECUTE CASES WHERE SUPPORTED BY PROBABLE CAUSE
2
DYING DECLARATION EXCEPTION
- DECLARANT’S STATEMENT MADE WHEN HE BELIEVED DEATH WAS IMMINENT
- RELATING TO CAUSE OR CIRCUMSTANCES OF DEATH
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
2
EARNINGS AND ACCUMULATIONS ARE DEEMED SEPARATE PROPERTY WHERE
- LIVING APART AND SEPARATE FROM OTHER SPOUSE WITH NO CHILDREN
- LEGAL SEPARATION
3
EASEMENT DEFINITION
- A NON-POSSESSORY INTEREST IN ANOTHER’S LAND
- PERMITTING ITS HOLDER TO MAKE LIMITED USE OF THE LAND
- FOR A SPECIFIC PURPOSE.
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.
2
EASEMENT BY NECESSITY - SERVIENT PARCEL’S RIGHTS FOR EASEMENT LOCATION
- SERVIENT ESTATE HOLDER HAS RIGHT TO LOCATE EASEMENT FOR THE REASONABLE CONVENIENCE OF PARTIES.
4
EASEMENT BY PRESCRIPTION REQUIREMENTS
- CONTINUOUS USE FOR STATUATORY PERIOD
- OPEN AND NOTORIOUS USE
- HOSTILE USE
- TACKING OK
3
EASEMENT CREATION BY IMPLICATION
- PREEXISTING REASONABLE USE OF A SINGLE TRACT
- SINGLE TRACT IS DIVIDED
- EASEMENT REASONABLY NECESSARY TO DOMINANT TRACT’S USE AND ENJOYMENT OF PROPERTY
3
EASEMENT CREATION BY NECESSITY
- OWNER DIVIDES TRACT
- DEPRIVING ONE LOT ACCESS TO SERVICE
- PRIOR USE OF SERVIENT NOT REQUIRED
2
EASEMENTS - MAINTENANCE AND REPAIR DUTIES
- SERVIENT ESTATE - NO DUTIES TO REPAIR OR MAINTAIN
- DOMINANT ESTATE - IMPLIED RIGHT TO MAINTAIN AND REPAIR
3
EFFECT OF ANTICIPATORY BREACH ON PARTIES’ PERFORMANCE DUTIES .
- NON BREACHING PARTY IS EXCUSED FROM PERFORMANCE
- BREACHING PARTY’S PERFORMANCE DUTIES ARE ACCELERATED TO THE PRESENT
- SO NON-BREACHING PARTY MAY IMMEDIATELY SEEK DAMAGES
2
EFFECT OF CREATING A SELF-DEALING CONTRACT
- CONSIDERED CONFLICT OF INTEREST
- CONTRACT IS PRESUMED VOIDABLE
1
EFFECT OF ONE LAWYER’S COI ON THE ENTIRE FIRM
- ONE LAWYER’S COI DISQUALIFIES ENTIRE FIRM
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.
1
WHEN DOES ASSIGNMENT BECOME EFFECTIVE?
- WHEN PROMISOR HAS NOTICE OF THE ASSIGNMENT.
1
EIGHT AMENDMENT - CRUEL AND UNUSUAL PUNISHMENT DEFINITION
- PENALTY CANNOT BE GROSSLY DISPROPORTIONATE TO THE CRIME.
1
EIGHTH AMENDMENT - BAIL MUST BE
- NOT EXCESSIVE OR UNDULY HIGH
2
EIGHTH AMENDMENT - CRUEL AND UNUSUAL PUNISHMENT AND CAPITAL PUNISHMENT - CAN’T PUT TO DEATH SOMEONE
- WHO AT LEAST ONE JUROR FINDS TO BE MENTALLY RETARDED
- WHO IS A MINOR AT THE TIME THE CRIME IS COMMITTED.
1
EJECTMENT
- USED TO RECOVER SPECIFIC REAL PROPERTY FROM WHICH THE PLAINTIFF WAS WRONGLY EXCLUDED
4
ELEMENTS OF ADVERSE POSSESSION
- OPEN AND NOTORIOUS POSSESSION
- ACTUAL AND EXCLUSIVE POSSESSION
- CONTINUOUS POSSESSION FOR STATUATORY PERIOD
- HOSTILE POSSESSION
2
ELEMENTS OF ATTORNEY CLIENT PRIVILEGE
- EVIDENTIARY PRIVILEGE
- ALLOWING CLIENT TO PREVENT LAWYER FROM TESTIFYING IN COURT ABOUT COMMUNICATIONS
2
ELEMENTS OF CONTRIBUTORY NEGLIGENCE
- PLAINTIFF’S ARE BARRED FROM RECOVERY
- WHERE THEIR NEGLIGENCE CONTRIBUTED TOWARD THEIR INJURY.
3
ELEMENTS OF FRAUD FOR 10b-5 - OMMISSION
- OMMITTING MATERIAL FACT
- PROMPTING TRADE OF SECURITY
- THROUGH INTERSTATE COMMERCE
3
ELEMENTS OF INTENTIONAL TORT
- VOLUNTARY ACT
- CAUSING HARM
- DAMAGES
3
ELEMENTS OF INTRUSION INTO SECLUSION/SOLITUDE TORT
- UNREASONABLE INTRUSION
- INTO PLAINTIFF’S REASONABLE EXPECTATION OF SECLUSION
- IN PLACE OF SECLUSION AND PRIVACY
2
ELEMENTS OF MISUSE DEFENSE TO STRICT PRODUCTS LIABILITY - PLAINTIFF MISUSES PRODUCT IN A WAY THAT IS NOT
- INTENDED AND
- FORESEEABLE
2
ELEMENTS OF PRIVATE NUISANCE
- UNREASONABLE INTERFERENCE
- WITH PLAINTIFF’S USE AND ENJOYMENT OF LAND.
3
ELEMENTS OF PUBLIC NUISANCE
- UNREASONABLE INTERFERENCE WITH USE AND ENJOYMENT OF PUBLIC RESOURCES
- AFFECTING PLAINTIFF MORE THAN GENERAL PUBLIC
- OR BROUGHT BY ATTORNEY GENERAL FOR GENERAL PUBLIC
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
4
SLANDER PER SE WHERE DEFENDANT MAKES AN ORAL, TRANSITORY FALSE STATEMENT ABOUT PLAINTIFF’S
- CRIMINAL BEHAVIOR
- UNCHASTE BEHAVIOR
- IMPROPER BUSINESS PRACTICES
- INFECTION BY LOATHSOME DISEASE
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
4
EMBEZZLEMENT
- EMBEZZLEMENT IS A SPECIFIC INTENT CRIME
- WHERE DEFENDANT TRESPASSORILY CONVERTS PERSONAL PROPERTY LAWFULLY ENTRUSTED TO HIM BY VICTIM
- WITH INTENT TO PERMANENTLY DEPRIVE
- OR RISK SUBSTANTIAL LOSS.
2
CONSPIRACY’S END
- CONSPIRACY ENDS WHEN GOAL IS ATTAINED
- OR GOAL IS ABANDONED.
1
END OF EASEMENT - LIMITATION ON DESTRUCTION OF SERVIENT LAND ENDING EASEMENT
- WHERE DESTRUCTION WASN’T WILLFUL.
4
END OF EASEMENT BY PRESCRIPTION
- ADVERSE
- OPEN
- CONTINUOUS FOR STATUATORY PERIOD
- INTERRUPTION OF EASEMENT HOLDERS USE OF EASEMENT
3
ENFORCEABILITY OF DELEGATION AGAINST DELEGATOR
- A PROMISOR/DELEGATOR RETAINS PRIMARY LIABILITY TO THE PROMISEE
- UNLESS PROMISOR DELEGATOR GIVES DELAGATEE CONSIDERATION
- FORMING A NEW CONTRACT WITH ORIGINAL PROMISEE AS A THIRD PARTY BENEFICIARY WITH FULL ENFORCEMENT RIGHTS
4
EQUAL PROTECT CLAUSE - NON SUSPECT CLASSIFICATIONS
- ECONOMIC WELFARE
- AGE
- CRIMINAL BACKGROUND
- EVERYTHING ELSE
3
EQUAL PROTECTION CLAUSE - SUSPECT CLASSES
- RACE
- ALIENAGE
- NATIONAL ORIGIN
5
EQUAL PROTECTION CLAUSE - CLASSIFICATIONS BURDEN FUNDAMENTAL RIGHTS WHERE THEY AFFECT
- PRIVACY
- FIRST AMENDMENT RIGHTS
- VOTING RIGHTS
- INTERSTATE TRAVEL
- COURT ACCESS
2
EQUAL PROTECTION CLAUSE - INTERMEDIATE SCRUTINY REVIEW
- REGULATION FURTHERS AN IMPORTANT GOVERNMENT INTEREST
- BY MEANS THAT ARE SUBSTANTIALLY RELATED TO THAT INTEREST
1
EQUAL PROTECTION CLAUSE - NON-SUSPECT CLASSES RECEIVE THIS LEVEL OF REVIEW
- RATIONAL BASIS
2
EQUAL PROTECTION CLAUSE - QUASI-SUSPECT CLASSES
- GENDER
- ILLEGITIMACY
1
EQUAL PROTECTION CLAUSE - QUASI-SUSPECT CLASSES RECEIVE THIS LEVEL OF REVIEW
- INTERMEDIATE SCRUTINY
1
EQUAL PROTECTION CLAUSE - RATIONAL BASIS REVIEW
- CLASSIFICATION OF NON-SUSPECT GROUP
- IS RATIONALLY RELATED
- TO ACHIEVING A LEGITIMATE GOVERNMENT INTEREST
3
EQUAL PROTECTION CLAUSE - STRICT SCRUTINY REVIEW STANDARD
- COMPELLING GOVERNMENT INTEREST
- LAW IS NECESSARY TO ACHIEVE THE INTEREST
- NO LESS DISCRIMINATORY MEANS TO ACHIEVE THE GOAL
1
EQUAL PROTECTION CLAUSE - SUSPECT CLASSES RECEIVE THIS STANDARD OF REVIEW
- STRICT SCRUTINY
1
EQUAL PROTECTION CLAUSE LIMITS GOVERNMENT’S ABILITY TO DO THIS:
- GOVERNMENT’S ABILITY TO TREAT SIMILARLY SITUATED PEOPLE DIFFERENTLY
5
EQUITABLE CONVERSION IN A LAND SALE CONTRACT OCCURS WHEN
- LAND SALE CONTRACT IS SIGNED
- BUYER IS DEEMED OWNER OF REAL PROPERTY
- RISK OF DAMAGE PASSES TO BUYER
- UNLESS CONTRACT STATES OTHERWISE
- OR STATE HAS A STATUTE TO A CONTRARY EFFECT
2
DEFENSE TO SPECIFIC PERFORMANCE - HARDSHIP/SHARP PRACTICES
- UNEVEN BARGAINING POWER
- CONSIDERATION SO DISPROPORTIONATE IT WOULD SHOCK THE CONSCIENCE
2
EQUITABLE DEFENSES - LACHES
- PLAINTIFF UNREASONABLY DELAYED PURSUING CLAIM
- CAUSING PREJUDICE TO DEFENDANT
2
EQUITABLE DEFENSES - UNCLEAN HANDS MAY BE RAISED WHERE
- PLAINTIFF CONDUCTED HERSELF UNFAIRLY
- IN THE DISPUTED TRANSACTION
2
EQUITABLE LIEN
- CREATES SECURITY INTEREST IN PROPERTY HELD BY DEFENDANT
- TURNS PROPERTY INTO COLLATERAL FOR MONEY DEFENDANT OWES
2
EQUITABLE LIEN REQUIREMENTS
- INADEQUATE REMEDY AT LAW
- MUST HAVE A TITLE TO PROPERTY FOR SECURITY INTEREST
2
EQUITABLE MORTGAGE OCCURS WHERE
- MORTGAOR DELIVERS DEED TO MORTGAGEE
- INSTEAD OF SIGNING NOTE
5
CAUSES GIVING RISE TO NEED FOR ORDER OF EQUITABLE RESITUTION
- WHERE REMEDY AT LAW IS INADEQUATE
- DAMAGES WOULD BE SPECULATIVE
- MULTIPLICITY OF SUITS COULD RESULT
- IMPROPER BECAUSE HARM IS NOT YET RIPE
- SITUATION INVOLVES UNIQUE PROPERTY
4
EQUITABLE SERVITUDES - REQUIREMENTS FOR BURDEN TO RUN WITH THE LAND
- WRITING
- INTENT TO BIND SUCCESSORS-IN-INTEREST
- TOUCH AND CONCERN
- NOTICE
4
EQUITY CLEAN UP DOCTRINE IN CA
- WHERE MAIN QUESTION OF CASE IS EQUITABLE
- LEGAL FACTS ARE MERELY INCIDENTAL
- JUDGE MAY HEAR WHOLE CASE
- JURY WILL NOT BE REQUIRED.
3
ERIE DOCTRINE DEFINITION
- FEDERAL COURTS EXERCISING DIVERSITY JURISDICTION ARE REQUIRED TO APPLY
- STATE LAW TO ISSUES OF SUBSTANCE
- AND FEDERAL LAWS TO ISSUES OF PROCEDURE.
1
ERIE DOCTRINE WILL NOT APPLY TO ISSUES OF SUBSTANCE WHERE
- THERE IS FEDERAL LAW DIRECTLY ON POINT
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.
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
INDICATORS OF INTENT TO OPERATE
AS CO-OWNERS OF BUSINESS FOR PROFIT
- COMMON OWNERSHIP OF ASSETS
- DESIGNATING RELATIONSHIP AS PARTNERSHIP
- EXTENSIVE JOINT EFFORTS
1
ESTABLISHMENT CLAUSE - SECT PREFERENCE INVALID UNLESS
- LAW IS NARROWLY TAILORED TO SERVE COMPELLING GOVERNMENT INTEREST (STRICT SCRUTINY STANDARD).
2
ESTABLISHMENT CLAUSE - SECULAR PURPOSE TEST - DOES THE LAW
- HAVE A PRIMARILY SECULAR EFFECT?
- NOT FOSTER GOVERNMENT ENTANGLEMENT WITH RELIGION?
2
ESTIMATING VALUE OF EQUITABLE CLAIM TO REACH 75,000 FOR DIVERSITY JURISDICTION
- VALUE OF HARM SUFFERED BY PLAINTIFF
- COST OF COMPLIANCE WITH ORDER FOR EQUITABLE RELIEF
2
ESTOPPEL - CLAIM OF PUTATIVE SPOUSE
- PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID
- OR PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID AND TREATED IT LIKE IT WAS VALID
4
EVALUATING 19B INDISPENSIBILITY FOR COMPULSORY JOINDER
- PREJUDICE CAUSED TO MISSING PARTIES BY RENDERING JUDGMENT WITH A MISSING PARTY.
- COURT’S ABILITY TO LESSEN SUCH PREJUDICE WITH A JUDGMENT.
- ADEQUACY OF A JUDGMENT RENDERED WITH A MISSING PARTY.
- ADEQUATE REMEDY AVAILABLE FOR PLAINTIFF IF CASE DISMISSED FOR NONJOINDER.
3
EVALUATING WHETHER OR NOT ITEM IS A FIXTURE
- ITEM IS FIRMLY EMBEDDED IN PREMISES
- ITEM IS PARTICULARLY ADAPTED OR FITTED TO THE REAL ESTATE
- REMOVAL WOULD DESTROY CHATTEL OR HARM REAL ESTATE
3
TRIGGERS OF STRICT PRODUCT DEFECT
- FAILURE TO WARN
- DEFECTIVE DESIGN
- DEFECTIVE MANUFACTURE
2
MATERIAL BREACH OF LEASE REMEDY OPTIONS
- SEEK EVICTION THROUGH COURTS
- TERMINATE LEASE AND SUE FOR DAMAGES
2
USING FORCE IN EVICTION
- AT COMMON LAW, REASONABLE FORCE WAS OK TO EVICT TENANT
- MODERNLY, MUST USE COURTS. NO MANUAL EVICTION.
2
EVIDENCE - CHARACTER EVIDENCE IS INADMISSIBLE TO SHOW
- CONDUCT IN CONFORMITY WITH CHARACTER
- ON A PARTICULAR OCCASION
1
EVIDENCE - CRIMINAL - CHARACTER EVIDENCE IS ONLY ALLOWED WHERE DEFENDANT
- OPENS THE DOOR TO A SPECIFIC CHARACTER TRAIT
1
EVIDENCE - CRIMINAL - FOR CHARATER EVIDENCE TO BE ADMISSIBLE, IT MUST ALWAYS BE
- PERTINENT TO THE CASE
2
EVIDENCE - CRIMINAL - CEC - THE PROSECUTION CAN INTRODUCT INSTANCES OF THESE FORMER CRIMES TO SHOW CONDUCT IN CONFORMITY -
- DOMESTIC VIOLENCE
- ELDER ABUSE
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.
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
EVIDENCE - CRIMINAL - FRE AND CEC - PROSECUTION MAY BE THE FIRST TO INTRODUCE PROPENSITY EVIDENCE REGARDING DEFENDANT’S CHARACTER TO COMMIT
- SEXUAL ASSAULT
- CHILD MOLESTATION
3
EVIDENCES OF IMPLIED SERVITUDE
- RECORDED PLAT
- GENERAL PLAT OF RESTRICTIONS
- ORAL REPRESENTATIONS TO EARLY BUYERS
3
EVIDENTIARY ELEMENTS OF MOTION FOR SUMMARY JUDGMENT
- EVIDENCE VIEWED IN LIGHT MOST FAVORABLE TO NONMOVING PARTY
- NO CREDIBILITY EVALUATIONS
- ONLY FIRST HAND KNOWLEDGE
4
EXAMPLES OF ABNORMALLY DANGEROUS ACTIVITIES
- CROP DUSTING
- DYNAMITE BLASTING
- TRANSPORT OF TOXIC WASTE
- FUMIGATING
1
EXCEPTION TO PRIOR CONSISTENT STATEMENT STATUS AS NON-HEARSAY UNDER FRE - USE OF PCS STATEMENT WILL NOT BE ADMISSIBLE WHERE IT WAS
- IDENTIFICATION BY WITNESS IN A LINEUP
5
EXCEPTIONS TO ATTORNEY CLIENT PRIVILEGE
- DUTY OF CONFIDENTIALITY
- CRIME OR FRAUD
- SUIT AGAINST CLIENT
- COMPETENCY OR INTENTION OF TESTATOR
- CA - PREVENT SUBSTANTIAL BODILY INJURY OR DEATH
1
ABA - EXCEPTIONS TO CONFIDENTIALITY REQUIREMENT
- TO PREVENT CLIENT’S DEATH OR SERIOUS BODILY HARM
6
EXCEPTIONS TO FRUIT OF POISONOUS VINE RULE
- INDEPENDENT SOURCE
- INEVITABLE DISCOVERY
- PURGED TAINT
- IMPEACHMENT
- CIVIL HEARINGS
- PAROLE PROCEEDINGS
3
EXCEPTIONS WHERE MATERIAL TERMS ARE MERE COVENANTS INSTEAD OF EXPRESS MATERIAL CONDITIONS
- TIME OF PERFORMANCE
- PERSONAL SATISFACTION
- AGREEMENTS NOT TO ASSIGN.
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
4
EXCEPTIONS TO PRECATORY EXPRESSIONS NOT CREATING A TRUST - PRECATORY EXPRESSIONS WILL CREATE A TRUST WHERE THEY
- GIVE PRECISE AND DEFINITE EXPRESSIONS
- ARE ADDRESSED TO A FIDUCIARY
- AN UNNATURAL DISPOSITION OF PROPERTY WOULD OTHERWISE RESULT
- EXTRINSIC EVIDENCE OF SETTLOR’S INTENT TO SUPPORT THE BENEFICIARY
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
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
3
PART PERFORMANCE EXCEPTIONS TO
SOF LAND CONTRACT REQUIREMENTS - BUYER
- MAKES FULL OR PARTIAL PAYMENT
- GAINS POSSESSION OF LAND
- AND/OR SUBSTANTIAL IMPROVEMENTS TO PROPERTY
3
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.
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
3
EXCEPTIONS TO THE FINAL JUDGMENT RULE - CA
- ANTI-SLAPP MOTIONS
- INJUNCTIONS
- EXTRAORDINARY WRIT
4
EXCEPTIONS TO THE PREEXISTING DUTY RULE
- CHANGED CIRCUMSTANCES
- RATIFY VOIDABLE OBLIGATION
- HONESTY DISPUTE OF DUTY
- DUTY IS TO THIRD PARTY
2
EXCITED UTTERANCE HEARSAY EXCEPTION
- STATEMENT RELATING TO STARTLING EVENT OR CONDTITION
- MADE WHILE DECLARANT WAS UNDER STRESS OF EXCITEMENT CASUED BY EVENT OR CONDITION.
1
EXCLUSIONARY RULE
- BARS PROSECUTION FROM INTRODUCTING EVIDENCE OBTAINED BY VIOLATING DEFENDANT’S 4TH, 5TH OR 6TH AMENDMENT RIGHTS.
2
EXECUTIVE POWERS - LIMITATIONS ON EXECUTIVE ORDERS
- NOT WHERE IN CONFLICT WITH FEDERAL STATUTE
- NOT WHERE IN CONFLICT WITH U.S. CONSTITUTION
8
EXECUTIVE POWERS - PRESIDENT CAN
- ISSUE EXECUTIVE ORDERS
- MAKE TREATIES
- REPRESENT U.S. ON FOREIGN POLICY
- APPOINT AMBASSADORS
- VETO BILLS
- APPOINT TOP LEVEL FEDERAL OFFICIALS
- ISSUE PARDONS
- EXERCISE EXECUTIVE PRIVILEGE
3
EXHAUSTION METHOD
- FUNDS IN COMMUNITY ACCOUNT DEPLETED
- ONLY FUNDS IN SP ACCOUNT AVAILABLE
- WHEN PROPERTY PURCHASED
2
EXONERATION - ABATEMENT OF SPECIFIC GIFT TO EXONERATE AN ENCUMBRANCE ON ANOTHER SPECIFIC GIFT
- NOT ALLOWED
2
WILLS -EXONERATION OF ENCUMBRANCE ON GIFT-ELEMENTS
- WILL REQUIRES ENCUMBRANCE ON GIFT BE PAID
- SO GIFT CAN BE DEVISED FREE AND CLEAR
1
EXPECTATION DAMAGES
- COMPENSATE PLAINTIFF FOR EXPECTED BENEFIT OF THE BARGAIN
T
EXPERT’S OPINIONS MAY BE BASED ON FACTS
- LEARNED BEFORE THE TRIAL
- LEARNED AT THE TRIAL
4
EXPRESS EASEMENT CREATION
- IN WRITING
- MANIFESTING GRANTOR’S PRESENT INTENT
- IDENTIFICATION OF PARTIES AND AFFECTED LAND
- SIGNED BY GRANTOR
1
EXPRESS MATERIAL CONDITION
- A MATERIAL CONDITION EMBODIED IN EXPRESS, UNEQUIVOCAL TERMS IN THE CONTRACT.
3
EXPRESS TRUST CREATION TYPES
- INTERVIVOS DECLARATION THAT PROPERTY IS HELD IN TRUST (INTER VIVOS TRUST)
- INTERVIVOS TRANSFER OF PROPERTY BY SETTLOR TO TRUST DURING SETTLOR’S LIFETIME (LIVING TRUST)
- BY WILL (TESTAMENTARY TRUST)
2
EXPRESS WARRANTY TRIGGERS
- DEFENDANT EXPRESSLY WARRANTS FACTS OR REPRESENTATIONS
- THESE WARRANTY BECOMES EXPECTED BENEFIT OF BARGAIN
2
WHAT EFFECT DOES ASSIGNMENT HAVE ON PROMISEE’S RIGHTS?
- EXTINGUISHES PROMISEE’S RIGHTS
- PROMISOR IS ONLY LIABLE TO ASSIGNEE.
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.
3
EXTRA FACTORS INFLUENCING FEASIBLITY OF ENFORCEMENT DECISIONS ON PERMANENT INJUNCTIONS - INJUNCTION INVOVLES
- A SERIES OF ACTS INSTEAD OF ONE ACT
- TASTE OR SUBJECTIVE JUDGMENT TO MEASURE PEFORMANCE
- JURISIDICTIONAL ISSUES AFFECTING ENFORCEMENT
3
EXTRAORDINARY WRIT ISSUED BY APPELLATE COURT IS AN ORDER USED TO MAKE AVAILABLE
- EXTRAORDINARY POWERS
- OR REMEDIES
- TO THE LOWER COURT
3
FACTORS FOR EVALUATING THE PREDOMINATE PURPOSE RULE ARE
- LANGUAGE OF CONTRACT
- NATURE OF SUPPLIER’S BUSINESS
- RELATIVE VALUE OF GOODS VS. SERVICES
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.
4
CRIMINAL FALSE IMPRISONMENT
- FALSE IMPRISONMENT IS A GENERAL INTENT CRIME
- OF UNLAWFUL CONFINING VICTIM WITHIN FIXED BOUNDARIES
- FOR ANY PERIOD OF TIME
- WITH NO REASONABLE MEANS OF ESCAPE
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.
3
FEDERAL - OBJECTIONS TO JURY INSTRUCTIONS REQUIREMENTS
- ON THE RECORD
- DONE WHEN COURT GIVES OPPORTUNITY TO DO SO
- OR AFTER LEARNING INSTRUCTION WILL BE INCLUDED OR OMMITTED
3
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
7
FEDERAL 12(B)(6) GROUNDS FOR DISMISSAL
- LACK OF SMJ
- LACK OF PJ
- LACK OF PROPER VENUE
- INSUFFICIENT PROCESS
- INSUFFICIENT SERVICE OF PROCESS
- FAILURE TO STATE A CLAIM
- FAILURE TO JOIN AN INDISPENSIBLE PARTY
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
5
FEDERAL CLASS ACTION REQUIREMENTS
CAN’T -C
- NUMEROSITY
- COMMONALITY
- TYPICALITY
- ADEQUACY
- CLASS TYPE REQUIREMENTS
1
FEDERAL COURT - APPROPRIATE VENUE WHERE THERE ARE MULTIPLE DEFENDANTS
- VENUE IS APPROPRIATE IN ANY OF THE DISTRICTS WHERE ANY OF THE DEFENDANTS RESIDE.
2
PREJUDGMENT ATTACHMENT REQUIRES
- EXISTING LAWSUIT
- CLAIMED RIGHT TO DEFENDANT’S PROPERTY
- DEMONSTRATED NEED TO SECURE PROPERTY BEFORE CASE RESOLUTION.
2
FEDERAL COURTS HAVE SUBJECT MATTER JURISDICTION OVER
- FEDERAL QUESTION CASES
- DIVERSITY OF CITIZENSHIP CASES
1
FEDERAL INTERROGATORY LIMITS
- ONLY 25 INTERROGATORIES
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
2
FEDERAL LIMITS ON DEPOSITIONS
- ONLY 10
- DEPOSITION MUST NOT EXCEED A 7 HOUR DAY WITHOUT COURT ORDER
1
FEDERAL PLEADING (NOTICE VS. FACT PLEADING) WILL APPLY TO WHICH CASES
- ALL FEDERAL CASES.
3
FEDERAL QUESTION CATEGORIES
- US CONSTITUTION
- FEDERAL LAWS
- TREATIES
1
FEDERAL RIGHT TO JURY TRIAL GRANTED BY
- SEVENTH AMENDMENT
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.
1
FEDERAL TIME LIMITS TO FILE APPEAL
- 30 DAYS AFTER ENTRY OF JUDGMENT
3
FEDERAL TRANSFER OF VENUE STANDARD
- COURT LOOKS TO INTERESTS OF JUSTICE
- PUBLIC FACTORS - BURDEN TO COMMUNITY, CHOICE OF LAW
- PRIVATE FACTORS - CONVENIENCE, LOCATION OF EVIDENCE AND WITNESSES
1
FEE SIMPLE ABSOLUTE CONVEYS
- ABSOLUTE OWNERSHIP OF POTENTIALLY INFINITE DURATION.
2
FEE SIMPLE DEFEASIBLE
- CONVEYS AN INTEREST IN REAL PROPERTY
- SUBJECT TO LIMITATIONS.
4
FEE SIMPLE DETERMINABLE - OTFC
- OWNERSHIP - POTENIALLY INFINITE, SUBJECT TO OCCURENCE OF POSSIBLE EVENT
- TRANSFERABILITY - ALIENABLE, DEVISABLE, DESCENDIBLE, SUBJECT TO CONDITION
- FUTURE INTEREST GRANTOR OWNS - POSSIBILITY OF REVERTER
- CREATED BY - WORDS OF DURATION
3
FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT - OWNERSHIP IS
- POTENIALLY INFINITE
- SUBJECT TO OCCURENCE OF POSSIBLE EVENT
- IF GRANTOR TIMELY EXERCISES RIGHT OF REENTRY
5
FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION
- OWNERSHIP - POTENIALLY INFINITE, SUBJECT TO OCCURENCE OF POSSIBLE EVENT
- TRANSFERABILITY - ALIENABLE, DEVISABLE, DESCENDIBLE, SUBJECT TO CONDITION
- FUTURE INTEREST GRANTOR OWNS - SHIFTING EXECUTORY INTEREST
- FUTURE INTEREST THIRD PARTY OWNS - SPRINGING EXECUTORY INTEREST
- CREATED BY - WORDS OF CONDITION
1
FEE SUBJECT TO A CONDITION SUBJEQUENT - RIGHT GRANTOR OWNS IS
- RIGHT OF REENTRY
1
TRANSFERABLITY OF FEE SUBJECT TO CONDITION SUBSEQUENT
- ALIENABLE, DESCENDABLE AND DEVISABLE, SUBJECT TO CONDITION
3
FEE TAIL
- PASSES AUTOMATICALLY TO LINEAL DESCENDANTS OF HEIR
- LASTS AS LONG AS LINEAL DESCENDANTS EXIST
- MODERNLY, VIRTUALLY ABOLISHED.
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
3
FIDUCIARY DUTIES OF LLC MEMBERS
WHICH DUTIES AND TO WHOM OWED
- DUTY OF CARE
- DUTY OF LOYALTY
- DUTIES OWED TO LLC AND LLC MEMBERS
4
FIDUCIARY DUTIES OWED BY PARTNERS TO EACH OTHER AND THE PARTNERSHIP
- DUTY OF LOYALTY
- DUTY OF CARE
- DUTY OF DISCLOSURE
- DUTY TO ACCOUNT
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
FIDUCIARY DUTIES OWED BY SPOUSES TO EACH OTHER
- FULL DISCLOSURE OF MATERIAL FACTS
- GOOD FAITH AND FAIR DEALINGS
2
FIDUCIARY DUTIES OWED BY SPOUSES TO EACH OTHER
- FULL DISCLOSURE OF MATERIAL FACTS
- GOOD FAITH AND FAIR DEALINGS
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
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
FIFTH AMENDENT AND DOUBLE JEOPARDY
- DEFENDANT CANNOT BE TRIED FOR THE SAME OFFENSE TWICE
- ONCE JEOPARDY HAS ATTACHED TO THE ORIGINAL CRIME.
1
FIFTH AMENDMENT - DUE PROCESS - CONFESSIONS MUST BE
VOLUNTARY
2
FIFTH AMENDMENT - MIRANDA INVOCATION AND INTERROGATION FOR OTHER OFFENSES
- UNDER THE 5TH AMENDMENT
- INVOCATION OF COUNSEL MANDATES POLICE STOP INTERROGATION REGARDING ANY CRIMINAL OFFENSE
2
FIFTH AMENDMENT - INDENTIFICATIONS CANNOT BE
- UNNECESSARILY SUGGESTIVE
- OR CONDUCIVE TO MISTAKEN IDENTITY.
2
FIFTH AMENDMENT SELF-INCRIMINATION PROTECTION
- NO COMPULSION TO GIVE COMMUNICATIVE EVIDENCE OR TESTIMONY
- EXPOSING ONE’S SELF TO CRIMINAL LIABILITY
3
FIGURING OUT WHO OWNS UNTITLED PROPERTY IN A PARTNERSHIP
- WERE PARTNERSHIP FUNDS USED TO ACQUIRE, IMPROVE OR MAINTAIN?
- WAS THERE A CLOSE RELATIONSHIP BETWEEN THE PROPERTY AND BUSINESS?
- DID THE PARTNERSHIP LIST THE PROPERTY ON ITS BOOKS?
2
FINAL JUDGMENT ON THE MERITS OCCURS WHEN
- FED- WHEN JUDGMENT IS RENDERED
- CA - WHEN APPEALS HAVE CONCLUDED
1
FINAL JUDGMENT RULE
- ONLY FINAL JUDGMENTS MAY BE APPEALED
1
FINAL JUDGMENT RULE - CA
- NO APPEAL UNTIL AFTER JUDGMENT ON THE MERITS
5
FIRST AMENDMENT - FREEDOM OF ASSOCIATION - CONSTITUTIONALLY PROTECTED ACTIVITIES
- SPEECH
- ASSEMBLY
- PRESS
- SEEKING GOVERNMENT REDRESS
- FREE EXERCISE OF RELIGION
5
FIVE PART TEST FOR PERMANENT INJUNCTION (I PUT FIVE BUCKS DOWN)
- INADEQUATE LEGAL REMEDY
- PROPERTY RIGHT IS INVOLVED
- FEASIBILITY OF COURT ENFORCEMENT
- BALANCE OF HARDSHIPS WEIGHS IN FAVOR OF GRANTING DECREE
- DEFENSES ARE NOT AVAILABLE TO OTHER PARTY
5
TYPES OF EASEMENT CREATION
- EXPRESS CREATION
- CREATION BY IMPLICATION
- CREATION BY NECESSITY
- CREATION BY PRESCRIPTION
- CREATION BY ESTOPPEL
3
FIXTURES DEFINITION
- ITEMS WERE ONCE MOVEABLE CHATTEL
- NOW SO ATTACHED TO THE REAL ESTATE
- THEY ARE DEEMED FIXTURES TO THE REAL ESTATE
1
MBE MISSED - FOR DOCTOR PATIENT PRIVILEGE - THE PRIVILEGE MUST BE ASSERTED BY THE
- PATIENT.
1
FOR FINDING INTENT TO OPERATE AS CO-OWNERS OF A BUSINESS FOR PROFIT - THIS WILL NEVER BE USED
- SHARING JOINT REVENUE
1
FORECLOSURE DEFINITION
- SALE OF MORTGAGED LAND BY MORTGAGOR TO SATISFY MORTGAGE WHEN IT IS IN DEFAULT
1
FOREFEITURE BY MISCONDUCT EXCEPTION
- STATEMENTS FROM WITNESS MADE UNAVAILABLE BY WRONGDOING OF PARTY WILL BE ADMISSABLE AGAINST THAT PARTY.
4
FORESEEABLE INTERVENING CAUSES
- SUBSEQUENT MEDICAL MALPRACTICE
- NEGLIGENT RESCUER
- SUBSEQUENT INFECTION CAUSED BY WEAKENED CONDITION
- SUBSEQENT ACCIDENT SUBSTANTIALLY CAUSED BY INJURY
2
FORGERY IS THE CRIME OF
- FALSIFYING A LEGAL INSTRUMENT
- WITH THE SPECIFIC INTENT TO DEFRAUD OR COMMIT LARCENY
4
FORMALITY REQUIREMENTS OF DEED
- IDENTIFY PARTIES
- SIGNED BY GRANTOR
- IDENTIFY THE PROPERTY
- NO CONSIDERATION REQUIRED
4
TO FORM A LIMITED LIABILITY PARTNERSHIP, THIS MUST BE DONE
- FILE STATEMENT OF QUALIFICATION WITH SOS
- STATEMENT MUST BE EXECUTED BY AT LEAST TWO OF THE PARTNERS
- STATEMENT MUST INCLUDE NAME AND ADDRESSES OF THE PARTNERS
- PARTNERNSHIP NAME MUST END IN LLP OR RLLP
3
FORMATION OF AGENCY RELATIONSHIP - ABC
- AGREEMENT BETWEEN PARTIES
- BENEFIT TO PRINCIPAL
- CONTROL OF AGENT’S CONDUCT BY PRINCIPAL
6
FORMATION OF LIMITED PARTNERSHIPS REQUIREMENTS
- FILE LIMITED PARTNERSHIP CERTIFICATE W/STATE
- NAME - MUST INCLUDE LP
- AGENT’S NAME AND ADDRESS
- GENERAL PARTNERS NAMES AND ADDRESSES
- RECORDS MAINTAINED IN STATE OF FORMATION
- IF NOT DONE CORRECTLY LP BECOMES GP
2
REQUIREMENTS FOR FORMING A GENERAL PARTNERSHIP
- NO FORMALITIES
- ONLY INTENT TO OPERATE A FOR PROFIT BUSINESS AS CO-OWNERS
5
HOW TO FORM A LLC
- FILE ARTICLES WITH SOS
- DISCLOSE NAME OF LLCS
- NAME AND ADDRESS OF REGISTERED AGENT
- NAMES OF ALL MEMBERS
- MAY ADOPT OPERATING AGREEMENT
2
BURDEN ON DEFENDANT FOR INCONVIENT FORUM FACTORS - DEFENDANT MUST PROVE A BURDEN OF
- TRAVEL
- TRANSPORT OF WITNESSES AND EVIDENCE
4
FORUM NON CONVENIENS OCCURS WHERE COURT
- DISMISSES CASE OR
- STAYS CASE
- BECAUSE FAR MORE APPROPRIATE FORUM
- IN ANOTHER STATE OR COUNTRY.
2
FORUM SHOPPING DETERRENCE TEST
- WILL FAILURE TO FOLLOW STATE LAW CAUSE LITIGANTS TO FLOCK TO FEDERAL COURT?
- IF SO, STATE LAW MUST BE APPLIED.
1
FOURTH AMENDMENT PROTECTS AGAINST
- UNREASONABLE SEARCHES AND SEIZURES
6
ELEMENTS OF FRAUD FOR 10b-5 - MISREPRESENTATION
- INTENTIONALLY
- OR RECKLESSLLY
- MAKING MATERIAL MISREPRESENTATION
- CAUSING RELIANCE
- PROMPTING TRADE OF SECURITY
- THROUGH INTERSTATE COMMERCE
2
FRAUD IN THE EXECUTION OCCURS WHEN TESTATOR IS UNAWARE
- HE IS SIGNING A WILL
- HE IS SIGNING A FORGED WILL
2
FRAUD IN THE INDUCEMENT OCCURS WHEN AND CONSEQUENCE
- TESTATOR INFLUENCED TO INCLUDE PROVISIONS IN WILL BY MISREPRESENTATIONS
- ONLY FRAUDULENT PROVISIONS WILL BE FOUND INVALID
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
1
FRAUD PREVENTING REVOCATION OF WILL OCCURS WHEN
- FRAUD IS IMPLEMENTED TO PREVENT REVOCATION
2
FRE - ON CROSS-EXAMINATION, TO REBUT CHARACTER EVIDENCE, THE PROSECUTION MAY _______ ABOUT SPECIFIC BAD ACTS, BUT NEVER OFFER ________ EVIDENCE ABOUT THE SAME.
- ASK QUESTIONS
- EXTRINSIC
4
FRE 408 - STATEMENTS MADE BY DURING SETTLEMENT NEGOTIATIONS MAY BE ADMITTED TO SHOW
- WITNESS BIAS
- WITNESS PREJUDICE
- NEGATION OF CONTENTION OF UNDUE DELAY
- OBSTRUCTION OF CRIMINAL JUSTICE
2
FREE EXERCISE CLAUSE - LAWS OF GENERAL APPLICABILITY ALLOWED WHERE
- WHERE NOT INTENDED TO BURDEN RELIGIOUS BELIEFS
- WHERE ADVANCES IMPORTANT PUBLIC INTERESTS
2
FREE EXERCISE CLAUSE GRANTS THE FREEDOM TO
- BELIEVE ANY RELIGION
- CONDUCT ONE’S SELF IN ACCORDANCE WITH ANY RELIGION
3
FREE SPEECH REGULATION LIMITATION - PRIOR RESTRAINT ONLY ALLOWED WHERE
- IRREPERABLE AND SERIOUS HARM TO PUBLIC WILL OCCUR
- NARROWLY DRAWN STANDARDS
- FINAL DETERMINATION OF VALIDITY
2
FREE SPEECH REGULATION LIMITATION - UNFETTERED DISCRETION OCCURS WHEN THE LAW GOVERNING THE GRANTING OF PERMITS DOES NOT SET FORTH
NPNTRO
- NARROW AND SPECIFIC GROUNDS LIMITING DECISION MAKER
- PERMIT MECHANISMS ARE NOT NARROWLY TAILORED TO REGULATION’S OBJECTIVE
1
FREE SPEECH REGULATION LIMITATION - VAGUENESS
- REASONABLE PERSON WOULD HAVE TO GUESS AT MEANING
3
FREEDOM ASSOCIATION PREVENTS DENIAL OF
- GOVERNMENT JOBS
- GOVERNMENT BENEFITS
- BASED ON ASSOCIATIONS
2
FREEDOM OF ASSOCATION ONLY APPLIES TO ASSOCIATION WITH
- GROUPS AND ASSOCIATIONS PROTECTED BY FIRST AMENDMENT
- NOT SOCIAL GROUPS
2
FIRST AMENDMENT FREEDOM OF ASSOCIATION
- NOT EXPRESSLY STATED
- BUT THE RIGHT TO EXPRESSIVE ASSOCIATION WITH GROUPS ENGAGING IN CONSTITUTIONALLY PROTECTED ACTIVITIES.
1
FREEDOM OF ASSOCIATION LIMITATIONS MUST SERVE
- COMPELLING GOVERNMENT INTEREST
1
FREEDOM OF SPEECH - CONTENT BASED SPEECH REGULATIONS AFFECT
- COMMUNICATIVE IMPACT OF EXPRESSION
1
FREEDOM OF SPEECH - STANDARD OF REVIEW FOR CONTENT BASED SPEECH REGULATIONS
- STRICT SCRUTINY
5
FREEDOM OF SPEECH - UNPROTECTED SPEECH CATEGORIES
- SPEECH INCITING IMMINENT LAWLESS ACTION
- FIGHTING WORDS
- OBSCENITY
- DEFAMATION
- MOST COMMERCIAL SPEECH
1
FREEHOLD ESTATE IS A
- PRESENT POSSESSORY INTERESTS IN REAL ESTATE.
2
FROLIC V. DETOUR
- FROLIC INVOLVES AGENT DEVIATING FROM INTENDED CONDUCT SO SUBSTANTIALLY THAT SHE IS ACTING FOR HER OWN PURPOSES. AGENT IS LIABLE FOR HER ACTS.
- DETOUR IS A SMALL DEVIATION FROM INTENDED CONDUCT. PRINCIPAL IS LIABLE FOR AGENT’S ACTS.
3
DURATION OF FUTURE COVENANTS CONTAINED WARRANTY DEEDS
- RUN WITH THE LAND
- CONTINUOUS
1
FUTURE COVENANTS CONTAINED IN WARRANTY DEEDS ARE BREACHED WHEN
- THE GRANTEE IS DISTURBED IN POSSESSION
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
2
GENERAL DAMAGES
- FLOW TO ANY PLAINTIFF AS A NATURAL RESULT OF TORT
- NONECOMONIC
4
GENERAL DAMAGES COMPENSATE FOR
- PAIN
- SUFFERING
- INCONVENIENCE
- EMOTIONAL DISTRESS
2
GENERAL GIFTS
- NOT SPECIFIC PROPERTY
- FROM GENERAL ASSETS OF ESTATE
1
GENERAL INTENT CRIME REQUIRES THIS LEVEL OF MENS REA
- ONLY TO COMMIT THE LEGALLY PROSCRIBED CONDUCT.
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
3
GENERAL RULE OF ASSIGNMENTS IN LEASES
- PARTIES MAY TRANSFER INTERESTS IN LEASES
- UNLESS AGREED OTHERWISE
- PROHIBITIONS ON TRANSFERS ARE ENFORCEABLE.
3
GENERAL WARRANTY DEED CONTAINS
- WARRANTY AGAINST DEFECTS IN TITLE
- THREE PRESENT COVENANTS OF TITLE
- THREE FUTURE COVENANTS OF TITLE
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
2
GIFTS TO ATTORNEYS
- ATTORNEYS CANNOT PREPARE ANY INSTRUMENT MAKING THE ATTORNEY OR A PERSON RELATED TO THE ATTORNEY RECIPIENT OF A SUBSTANTIAL GIFT
- UNLESS THE ATTORNEY IS RELATED TO THE CLIENT
4
GLOVES GO ON
HANDS
3
GOOD FAITH WARRANT EXCEPTION OCCURS WHERE THE OFFICER
- REASONABLY RELIED ON A FACIALLY VALID WARRANT
- BUT WARRANT ULIMATELY FOUND TO BE UNSUPPORTED BY PROBABLE CAUSE
- EVIDENCE OBTAINED FROM WARRANT SUPPORTED SEARCH WILL NOT BE INADMISSIBLE
3
GRATUITOUS ASSIGNMENTS ARE REVOCABLE UNTIL
- THE ASSIGNMENT IS MADE IN WRITING
- OR A TOKEN CHOSE IS DELIVERED
- OR DETRIMENTAL RELIANCE OCCURS
2
ENFORCEABLITY GRATUITOUS DELEGATION
- GRATITOUS DELEGATION IS NOT ENFORECABLE AT EQUITY
- UNLESS THERE IS DETRIMENTAL RELIANCE.
7
GROUNDS FOR MOTION TO SET ASIDE JUDGMENT - FEDERAL
- CLERICAL ERRORS
- NEGLECTFUL MISTAKES
- NEW DISCOVERED EVIDENCE THAT WOULD NOT REASONABLY DISCOVERED IN PREVIOUS TRIAL
- FRAUD
- VOID JUDGMENT
- PREVIOUS JUDGMENT CAUSING JUDGMENT IS SATISFIED
- ANY OTHER REASON JUSTIFYING RELIEF
4
GROUNDS FOR MOTION TO SET ASIDE JUDGMENT - CA
- MISTAKE
- INADVERTANCE
- EXCUSABLE NEGLECT
- SURPRISE
3
GROUNDS FOR CONTRACT REFORMATION
- MISREPRESENTATION
- MUTUAL MISTAKE
- UNILATERAL MISTAKE (NONMISTAKEN PARTY KNEW OR SHOULD HAVE KNOWN OF MISTAKE)
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
HABEUS CORPUS REQUIREMENTS
- PROOF OF UNLAWFUL DETENTION BY A PREPONDERANCE OF EVIDENCE
- PETITIONER IS IN CUSTODY
1
HATS GO ON YOUR
HEAD
3
WHO OR WHAT DOES HEARSAY COMES FROM?
- SOMEONE OR SOMETHING OUT OF COURT
- OTHER THAN THE WITNESS TESTIFYING
- MAKING A STATEMENT OR DECLARATION
3
HIGH LEVEL EMPLOYEES AND EMBEZZLEMENT
- PROEPRTY TRESPASSORILY TAKEN FROM HIGH LEVEL EMPLOYEES ENTRUSTED WITH CUSTODY IS GENERALLY EMBEZZLEMENT
- UNLESS EMPLOYEE ACHIEVES POSSESSION BY MISREPRESENTATION
- MAKING THE CRIME LARCENY BY TRICK.
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
1
HOLGRAPHIC WILL
- SIGNATURE AND AT LEAST MATERIAL PROVISIONS IN TESTATOR’S HANDWRITING
2
HOLOGRAPHIC WILL - CAUSES OF INVALIDITY WHERE INCONSISTENCIES
- MISSING DATE
- DOUBT AS TO WHETHER OR NOT ANOTHER WILL CONTROLS
3
HONORARY TRUST
- TYPICALLY INVALID BECAUSE HAS NO BENFICIARY OR CHARITABLE PURPOSE
- ALLOWED WHERE FOR CARE OF PETS OR BURIAL PLOTS
- WHEN PET DIES, FUNDS GO TO RESULTING TRUST
1
GELATIN
- IS MADE FROM HORSES
1
HOW LONG DOES A SUSPECT’S INVOKED MIRANDA RIGHT TO COUNSEL LAST?
- UNTIL SUFFICIENT BREAK IN POLICE CUSTODY (14 DAYS)
2
HOW MANY A LAWYER GAIN SUFFICIENT COMPETENCY?
- ASSOCIATING W/LAYWER REASONABLY BELIEVED TO BE COMPETENT
- ACQUIRING SUFFICIENT LEARNING AND SKILL BEFORE PEROFRMANCE W/OUT UNDUE EXPENSE OR DELAY
2
CHEESE IS
- GOOD
- WORTHWHILE
1
IF A SUSPECT ASKS TO HAVE COUNSEL PRESENT AT ANY OTHER TIME THAN AFTER A MIRANDA WARNING, HE IS INVOKING
- HIS SIXTH AMENDMENT RIGHT TO HAVE COUNSEL PRESENT.
1
IMPARTIAL JURORS MUST REPRESENT
- A FAIR CROSS-SECTION OF THE COMMUNITY
2
IMPEACHMENT OF A WITNESS WITH UNRELATED, COLLATERAL MATTERS
- IS NOT PERMITTED
- NO RELEVANCY
1
IMPERFECT SELF-DEFENSE - A DEFENDANT MAY RAISE THE DEFENSE OF AN IMPERFECT SELF-DEFENSE WHERE HE ACTED
- TO DEFEND HIMSELF BASED ON AN UNREASONABLE BELIEF.
1
IMPERFECT SELF-DEFENSE - THE JURY WILL CONSIDER AN UNREASONABLE BELIEF OF SELF-DEFENSE AS
- A MITIGATING FACTOR
2
IMPLEADER
- DEFENDANT BRINGS IN THIRD PARTY DEFENDANT WITH DERIVATIVE CLAIM
- SEEKING SUBROGATION, INDEMNITY OR CONTRIBUTION
1
CONSPIRACY - MANY JURISDICTION WILL IMPLY EVIDENCE OF AN AGREEMENT TO PARTICIPATE IN A CONSPIRACY
- BY ACTIONS
1
CONSPIRACY - MANY JURISDICTION WILL IMPLY EVIDENCE OF AN AGREEMENT TO PARTICIPATE IN A CONSPIRACY
- BY ACTIONS
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
IMPLIED COVENANTS OF LAND SALE CONTRACT - SELLER PROMISES TO:
- PROVIDE MARKETABLE TITLE AT THE END OF CLOSING
- NOT MAKE ANY FALSE STATEMENT OF MATERIAL FACT REGARDING TITLE
2
IMPLIED EQUITABLE SERVITUDE - DEFINITION
- RESTRICTIVE SERVITUDE
- IMPLIED BY COMMON SCHEME OR DEVELOPMENT.
1
IMPLIED EQUITABLE SERVITUDE - ACTUAL NOTICE OCCURS WHERE
- GRANTEE WAS INFORMED OF THE EXISTENCE OF COVENANTS.
1
IMPLIED EQUITABLE SERVITUDE - CONSTRUCTIVE NOTICE
- A DEED IN GRANTEE’S CHAIN OF TITLE CONTAINED THE SERVITUDE (EVEN IF GRANTEE’S DID NOT).
1
IMPLIED EQUITABLE SERVITUDE - INQUIRY NOTICE
- THE NEIGHBORHOOD CLEARLY CONFORMS TO UNIFORM RESTRICTIONS AND SPECIFICATIONS.
1
IMPLIED EQUITABLE SERVITUDE - NOTICE REQUIREMENTS
- GRANTEE MUST HAVE NOTICE “GENERALLY”
T
IMPLIED IN FACT CONTRACTS ARE TYPICALLY CREATED BY
CONDUCT
1
IMPLIED MATERIAL CONDITION
- MATERIAL CONDITION IMPLIED BY THE NATURE OF THE AGREEMENT.
2
EFFECT OF THE IMPLIED COVENANT OF GOOD FAITH IN EVERY CONTRACT
- ALL PARTIES ARE BOUND TO ACT IN GOOD FAITH TO HELP ACHIEVE ALL PARTIES’ EXPECTED BENEFITS OF THE BARGAIN
- AND NOT PREVENT THESE BENEFITS.
1
BUYER SATISFACT AS AN IMPLIED MATERIAL CONDITION OF THE CONTRACT
- REASONABLY SATISFACTORY PERFORMANCE IS ALWAYS AN IMPLIED MATERIAL CONDITION OF EVERY CONTRACT.
1
IMPLIED WAIVER OF MIRANDA
- UNDER BERGHUIS, SILENCE AND SUBSEQUENT SPEAKING CONSTITUTED A WAIVER OF MIRANDA.
2
IMPLIED WARRANTY OF HABITIABILITY
- IMPLIED IN EVERY RESIDENTIAL LEASE
- THE PREMISES MUST BE FIT FOR HUMAN HABITATION
3
IMPLIED-IN-FACT CONTRACT
- WHERE ONE PARTY ACTS TO CONVEY A BENEFIT TO ANOTHER PARTY WITH A REASONABLE EXPECTATION OF COMPENSATION
- THE OTHER PARTY ACCEPTING THE BENEFIT WITH KNOWLEDGE OF THE EXPECTATION
- THE FACTS WILL IMPLY A LEGALLY BINDING CONTRACT EVEN THOUGH NO FORMAL AGREEMENT EXISTS.
1
IN CALIFORNIA, BEST EVIDENCE RULE IS CALLED THE
- SECONDARY EVIDENCE RULE
2
IN CRIMINAL CASES, DEFENDANTS ARE GRANTED A RIGHT TO CONFRONT ADVERSE WITNESSES UNDER THE
- CONFRONTATION CLAUSE
- OF THE SIXTH AMENDEMENT
2
IN SOME JURISDICTIONS, LIABILITY WILL ARISE FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS FOR
- NEGLIGENT MISHANDLING OF A CORPSE
- MISDIAGNOSIS OF HARMFUL CONTAGIOUS DISEASE
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
1
INCIDENTAL DAMAGES ARE ONLY AVAILABLE FOR THESE KINDS OF CONTRACTS
- CONTRACTS FOR THE SALE OF GOODS
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
1
NONBREACHING SELLER’S AVAILABLE RECOVERY OF INCIDENTAL DAMAGES UNDER THE UCC
- NONBREACHING SELLER MAY RECOVER COMMERCIALLY REASONABLE EXPENSES INCURRED BY THE BUYER’S BREACH
2
INDIRECT REVOCATION OCCURS WHEN
- OFFEROR ACTS IN AN WAY INCONSITENT WITH INTENTION TO MAINTAIN OFFER
- OFFEREE LEARNS ABOVE ACTION FROM RELIABLE SOURCE
3
IMPLIED ACTUAL AUTHORITY (AGENCY) CREATED BY
- CUSTOM
- PRIOR DEALINGS
- AGENT’S REASONABLE BELIEF OF AUTHORITY NECESSARY TO ACCOMPLISH EXPRESSLY DIRECTED TASTS
6
INHERENTLY DANGEROUS FELONIES AT COMMON LAW
- BURGLARY
- ROBBERY
- RAPE
- ARSON
- MAYHEM
- SODOMY
4
DEFINITION OF INJUNCTION
- DECREE ORDERING A PARTY
- TO PERFORM
- OR REFRAIN FROM PERFORMING
- A CERTAIN ACT
1
INJURY FROM ABNORMALLY DANGEROUS ACTIVITY WILL TRIGGER STRICT LIABILITY WHERE THE INJURY
- WAS CAUSED BY THE ABNORMALLY DANGEROUS PART OF THE ACTIVITY
1
INQUIRY NOTICE - TITLE
- PURCHASER IS POSSESSION OF FACTS THAT WOULD CAUSE A REASONABLE PERSON TO MAKE FURTHER INQUIRY ABOUT CLAIMS ON THE PROPERTY’S TITLE
4
INSIDER FOR 10b-5
- DIRECTOR
- OFFICER
- SHAREHOLDER
- HOLDER OF MATERIAL NONPUBLIC CORPORATE INFORMATION
3
INSTALLMENT CONTRACT FOR REAL PROPERTY
- BUYER MAKES DOWN PAYMENT
- MAKES SUBSEQUENT INSTALLMENT PAYMENTS
- IF DEFAULT, SELLER RECOVERS PROPERTY AND KEEPS PAYMENTS MADE
3
INSTALLMENT CONTRACT
- A CONTRACT FOR A SERIES OF SEPARATE SHIPMENTS OF GOODS PAID BY CORRESPONDING SEPARATE PAYMENTS
- ANY NON-CONFORMING SHIPMENT WILL NOT AMOUNT TO BREACH
- UNLESS IT SUBSTANTIALLY IMPAIRS THE TOTAL VALUE OF THE CONTRACT.
3
INSULTING LANGUAGE MAY QUALIFY FOR OUTRAGEOUS CONDUCT WHERE THE INSULTOR IS
- INNKEEPER OR COMMON CARRIER
- DEFENDANT KNOWS OF PLAITNIFF’S PARTICULAR SENSITIVITY
- DEFENDANT IS IN POSITION OF AUTHORITY AND USES RACIAL SLURS AGAINST HIS SUBORDINATE
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
2
EXTENDED CONSEQUENCES RULE - DEFENDANTS WHO COMMIT INTENTIONAL TORTS ARE RESPONSIBLE FOR
- ALL CONSEQUENCES FLOWING FROM AN INTENTIONAL TORT
- WHETHER FORESEEABLE OR NOT
2
INTER VIVOS DISPOSAL OF PROPERTY THROUGH POUR OVER REQUIREMENT - TRUST MUST BE
- CLEARLY IDENTIFIED IN THE WILL
- EXECUTED BEFORE/CONCURRENTLY WITH THE WILL
2
INTER VIVOS TRUST - POUR OVER TO WILL - TRUST MAY BE
- AMENDED OR REVOKED AFTER EXECUTION OF THE WILL
- UNFUNDED DURING GRANTOR’S LIFETIME
3
UNDER THE INTERMEDIATE REVIEW STANDARD FOR CONTENT NEUTRAL SPEECH, THE REGULATION MUST BE
- NARROWLY TAILORED
- TO SERVE AN IMPORTANT GOVERNMENT INTEREST
- LEAVING ALTERNATIVE CHANNELS OF COMMUNICATION OPEN FOR SPEECH
2
INTERPLEADER ELEMENTS
- EQUITABLE ACTION WHERE STAKEHOLDER HAS COURT DETERMINE RIVAL CLAIMAINTS RIGHT TO STAKE
- RELIEVING THE STAKEHOLDER OF MULTIPLE LIABILITIES TO CLAIMAINTS
2
INTERROGATION OCCURS WHEN POLICE USE
- WORDS OR ACTIONS
- REASONABLY LIKELY TO ELLICIT INCRIMINATING RESPONSES
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
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
3
INTESTATE SUCCESSION - SEPARATE PROPERTY
- IF ONLY SPOUSE SURVIVING - SPOUSE TAKES ALL
- IF ONE CHILD, OR SIBLING, OR PARENT - SPOUSE TAKES HALF
- IF MULTIPLE CHILDREN OR SIBLINGS, SPOUSE TAKES 1/3
2
INTRO SENTENCE - LANDLORD/TENANT QUESTIONS
- IN ORDER TO DETERMINE THE RIGHTS AND OBLIGATIONS OF THE PARTIES,
- WE MUST FIRST DETERMINE EACH PARTY’S INTEREST IN THE PROPERTY.
4
TRUST IS INVALIDATED WHERE IT IS PROCURRED BY
- DURESS
- FRAUD
- MENACE
- UNDUE INFLUENCE
4
INVASION OF PRIVACY TORTS
- INTRUSTION INTO SECLUSION
- PUBLIC DISCLOSURE OF PRIVATE FACTS
- FALSE LIGHT PUBLICITY
- APPROPRIATION OF NAME OR LIKENESS
2
AN INVITATION TO NEGOTIATE LACKS
- PRESENT CONTRACTUAL INTENT
- CERTAIN TERMS LEADING A REASONABLE PERSON TO CONCLUDE ASSENT WOULD FORM A BARGAIN
2
INVOLUNTARY DISMISSAL MAY BE ORDERED BY THE COURT FOR
- FAILURE TO PROSECUTE
- FAILURE TO COMPLY WITH A COURT ORDER
3
INVOLUNTARY DISSOLUTION MAY BE INITIATED BY
- SHAREHOLDER(S) WITH 33 PERCENT OR MORE SHARES
- OVER 50 PERCENT VOTE OF BOD
- ATTORNEY GENERAL
4
INVOLUNTARY MANSLAUGHTER IS
- A CRIMINAL, UNINTENDED HOMICIDE
- RESULTING FROM CRIMINAL NEGLIGENCE
- OR RECKLESSNESS
- OR THE COMMISSION OF A MALUM IN SE CRIME INSUFFICIENT TO SUPPORT A CHARGE OF FELONY MURDER.
3
IRRESISTIBLE IMPULSE TEST
- SOME JURISDICTIONS ADD IRRESISTIBLE IMPULSE TEST TO M’NAUGHTEN
- WHERE MENTAL DISEASE OR DEFECT MADE DEFENDANT INCAPABLE OF CONTROLLING HIS ACTIONS
- EVEN WHERE HE COULD DISTINGUISH RIGHT FROM WRONG.
4
ISSUES THAT ARE PER SE SUBSTANTIVE
- ELEMENTS OF CLAIM OR DEFENSE
- CHOICE/CONFLICT OF LAW
- STATUTE OF LIMITATIONS
- TOLLING STATUTE OF LIMITATIONS
2
JEOPARDY ATTACHES WHEN
- JURY TRIAL - JURY EMPANELED AND SWORN IN.
- BENCH TRIAL - FIRST WITNESS SWORN IN.
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.
1
JOINT AND SEVERAL LIABILITY AND U.S. SUPREME COURT RULING ON JOINDER - POTENTIAL DEFENDANT WHO MAY BE JOINTLY AND SEVERALLY LIABLE - IS NOT
- A NECESSARY PARTY WHO MUST BE JOINED.
1
JOINT AND SEVERAL LIABILITY IS USED WHERE
- THERE ARE MULTIPLE DEFENDANTS
2
JOINT CLIENTS - CAN’T REPRESENT WHERE CONCURRENT COI UNLESS
- WRITTEN CONSENT FROM BOTH CLIENTS
- LAWYER BELIEVES HE CAN COMPETENTLY REPRESENT BOTH CLIENTS
2
CAN TRACING OVERCOME JOINT TITLE?
- TRACING CAN’T OVERCOME CP PRESUMPTION FOR TITLE TAKEN JOINTLY
- TRACING CAN OVERCOME CP PRESUMPTION ON A BANK ACCOUNT BECAUSE PROBATE CODE HONORS TRACING
2
JUDGMENT AS A MATTER OF LAW - FEDERAL
- AT TRIAL
- AFTER OPPOSING SIDE HAS PRESENTED ITS CASE
- OTHER SIDE FILES JMOL MOTION
- ARGUING INSUFFFICIENT EVIDENCE
- TO ALLOW REASONABLE PEOPLE TO AGREE WITH OPPOSING SIDE’S CASE
5
JUDICIAL POWERS - FEDERAL COURTS HAVE POWER TO REVIEW CASES
- BETWEEN TWO STATES
- BETWEEN CITIZENS OF DIFFERENT STATES
- BETWEEN STATES AND FOREIGN ENTITIES
- INVOLVING ADMIRALTY
- INVOLVING FEDERAL LAWS OR U.S. CONSTITUTION
1
JUDICIAL POWERS - SUPREME COURT WON’T HEAR A CASE WHERE THERE WERE THESE TYPE OF GROUNDS FOR THE STATE COURT DECISION.
- ADEQUATE
- INDEPENDENT
2
JUDICIAL TREATMENT OF PUTATIVE SPOUSE - JURISDICITONAL SPLIT
- WHERE ONLY ONE SPOUSE HAS A GOOD FAITH BELIEF THAT A VOID OR VOIDABLE MARRIAGE WAS VALID, SOME JURISDICTIONS WILL TREAT BOTH SPOUSES AS PUTATIVE SPOUSES (INCLUDES CA)
- SOME JURISDICTIONS WILL TREAT ONLY THE SPOUSE WITH THE GOOD FAITH BELIEF OF THE MARRIAGE’S VALIDITY AS THE PUTATIVE SPOUSE
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
1
KEEPIGN UNEARNED RETAINER FEES
- ATTORNEY MAY NOT KEEP UNEARNED RETAINER FEES
2
KEY DIFFERENCE BETWEEN AN EQUITABLE SERVITUDE AND A REAL COVENANANT
- SERVITUDE IS DESIGNED TO CREATE AN INJUNCTION TO ENFORCE THE SERVITUDE
- REAL COVENANT IS DESIGNED TO CREATE AN AWARD OF MONEY DAMAGES FOR ITS BREACH
4
KILLERS OF TESTATORS
- CAN’T TAKE BY WILL
- CAN’T TAKE BY INTESTATE SUCCESSION
- TREATED AS PREDECEASING TESTATOR
- NO ANTI-LAPSE TRIGGERED
3
A TRUSTEE MAY USE THE DEFENSE OF LACHES WHERE A BENEFICIARY
- DELAYED MAKING A CLAIM ON TRUST PROPERTY
- CAUSING PREJUDICE TO TRUSTEE OR OTHER BENEFICIARIES
1
LAND SALE CONTRACT
- CONTRACT CONVEYING AN INTEREST IN REAL PROPERTY
2
LANDLORD ELECTION FOR TENANCY AT SUFFERANCE
- LANDLORD MAY EVICT TENANT
- OR LANDLORD MAY HOLDOVER TENANT FOR PERIODIC TENANCY
4
LANDLORD/TENANT QUESTION - EXPRESS REAL COVENANT LANGUAGE
- NOTICE
- INTENT
- TOUCH AND CONCERN THE LAND
- PRIVITY
4
LANDLORD/TENANT QUESTIONS - ORDER OF LANDLORD STRING
- RELATIONSHIP BETWEEN SUCCESSIVE LANDLORDS
- DEEDS OF TRANSFER
- PRIVITY BETWEEN CURRENT LANDLORD AND TENANT
- DUTIES OWED
4
LANDLORD/TENANT QUESTIONS/DEFENSES TO PAY RENT
- IMPLIED COVENANT OF QUIET ENJOYMENT
- CONSTRUCTIVE EVICTION
- IMPLIED WARRANTY OF HABITABILITY
- BREACH OF EXPRESS REAL COVENANT
5
LANDLORD/TENANT QUESTIONS/ORDER OF ESSAY APPROACH
- INTRO SENTENCE
- TENANT STRING
- LANDLORD STRING
- DEFENSES TO PAYMENT OF RENT
- EXPRESS REAL COVENANTS (IF APPLICABLE)
4
LAPSE (BENEFICIARY DEATH)
- BENEFICIARY PREDECEASES TESTATOR
- GIFT TO BENEFICARY LAPSES AND FALLS INTO RESIDUE
- OR DISTRIBUTED VIA INTESTATE SUCCESSION
- AT COMMON LAW AND MINORITY OF JURISDICTIONS
1
LAPSE EFFECT ON CLASS GIFT
- AT COMMON LAW, LAPSED SHARE WOULD BE DIVIDED AMONG REMAINING BENEFICIARIES
3
LARCENY
- LARCENY IS SPECIFIC INTENT CRIME
- WHERE DEFENDANT TRESPASSORILY TAKES AND CARRIES AWAY THE POSSESSORY PROPERTY OF VICTIM
- WITH THE INTENT TO PERMENENTLY DEPRIVE THE VICTIM OF HIS POSSESSORY INTEREST IN THE SAME.
4
LARCENY BY TRICK IS THE CRIME OF
- KNOWINGLY USING A FALSE PROMISE OR STATEMENT
- WITH THE SPECIFIC INTENT OF INDUCING VICTIM TO GIVE DEFENDANT POSSESSION OF VICTIM’S PERSONAL PROPERTY
- TO PERMANENTLY DEPRIVE VICTIM OF HIS POSSESSORY INTEREST IN THE SAME.
2
LAWS AGAINST DISCRIMINATORY GROUPS ARE OK UNLESS
- INTERFERENCE W/INTIMATE ASSOCIATIONS
- INTERFERENCE WITH EXPRESSIVE ACTIVITY
2
ABA - LAWYERS ARE NOT ALLOWED TO MAKE LOANS IN CONNECTION W/LITIGATION EXCEPT ADVANCING LITIGATION COSTS FOR
- CONTINGENCY CASE
- CASE W/ INDIGENT CLIENT
2
LEGAL RELEVANCE - EVIDENCE IS LEGALLY RELEVANT WHERE ITS
- PROBATIVE VALUE
- OUTWEIGHS PREJUDICAL EFFECT
3
LEGAL RESTITUTION IS AWARDED WHERE
- DEFENDANT WAS UNJUSTLY ENRICHED
- JUSTICE DEMANDS PLAINTIFF IS COMPENSATED FOR DEFENDANT’S ENRICHMENT
- OR PLAINTIFF WANTS HIS PROPERTY BACK
3
LEMON TEST (SEX) - A LAW MUST HAVE
- A SECULAR PURPOSE
- A PRIMARY EFFECT THAT DOESN’T PROMOTE OR INHIBIT RELIGION
- NO EXCESSIVE ENTANGLEMENT OF GOVT WITH RELIGION
3
LIABILITY ARISES FOR NEGLIGENT MISREPRESENTATION WHERE DEFENDANT
- HAS FINANCIAL OR PROFESSIONAL DUTY TO PLAINTIFF
- MAKES REPRESENTATION OF MATERIAL FACT WITH NO REASONABLE GROUNDS FOR BELIEF OF TRUTH
- DAMAGING PLAINTIFF WHO REASONABLY RELIES ON REPRESENTATION
3
LIABILITY ARISES UNDER RESPONDEAT SUPERIOR OUTSIDE OF SCOPE OF EMPLOYMENT WHERE
- JOB ENTAILS USE OF FORCE
- EMPLOYER AUTHORIZE CONDUCT
- CONDUCT MOTIVATED BY DESIRE TO BENEFIT EMPLOYER
3
LIABILITY FOR BREACH OF IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE ARISES WHERE DEFENDANT
- IS ANY SELLER OF THE GOODS
- WHO KNOWS OR SHOULD KNOW THE PARTICULAR INTENDED PURPOSE OF THE GOODS
- BUYER RELIES ON SELLER’S SKILLS AND JUDGMENT IN SELECTION OF GOODS.
3
LIABILITY FOR BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY ARISES WHERE DEFENDANT IS
- MERCHANT SPECIALIZING IN THE TYPE OF GOODS SOLD
- GOODS ARE NOT OF THE AVERAGE ACCEPTABLE QUALITY
- OR NOT FIT FOR GENERAL INTENDED PURPOSE OF GOODS
2
LIABILITY FOR CONVERSION ARISES WHERE DEFENDANT
- INTENTIONALLY AND SUBSTANTIALLY INTERFERED WITH PLAINTIFF’S CHATTEL
- CAUSING DISPOSSESSION
2
LIABILITY FOR FALSE IMPRISONMENT ARISES WHERE DEFENDANT
- INTENTIONALLY CONFINES PLAINTIFF TO A FIXED SPACE
- WITH PLAINTIFF’S AWARENESS OF CONFINEMENT
3
LIABILITY FOR FALSE LIGHT TORT ARISES WHERE DEFENDANT
- PUBLISHES OFFENSIVE FALSE INFORMATION ABOUT PLAINTIFF
- TO PUBLIC AT LARGE
- CAUSING PLAINTIFF HUMILIATION OR EMBARASSMENT
3
LIABILITY FOR FRAUD ARISES WHERE DEFENDANT
- INTENTIONALLY MAKES FALSE REPRESENTATION OF MATERIAL FACT
- WITH SCIENTER
- INJURING PLAINTIFF ACTING IN REASONABLE RELIANCE ON REPRESENTATION
1
WHERE IMPROVED LAND COLLAPSES, TO ESTABLISH LIABILITY OF EXCAVATOR, PLAINTIFF MUST SHOW
- EXCAVATOR WAS NEGLIGENT.
2
DEFENDANT HAS VICARIOUS LIABILITY FOR THE TORTS OF INDEPENDENT CONTRACTORS ARISES WHERE
TORTS WERE BREACH OF AN AFFIRMATIVE NON-DELEGABLE DUTY
CREATED BY STATUTE OR RELATIONSHIP
5
LIABILITY FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS ARISES WHERE DEFENDANT
- INTENTIONALLY ACTS IN AN EXTREME OUTRAGEOUS MANNER
- INTENDING TO CAUSE
- OR WITH RECKLESS DISREGARD OF THE PROBABLITY OF CAUSING
- EXTREME EMOTIONAL DISTRESS
- CAUSING PLAINTIFF EXTREME EMOTIONAL DISTRESS
3
LIABILITY FOR INTERFERENCE WITH CONTRACT ARISES WHERE DEFENDANT
- KNEW CONTRACT EXISTED BETWEEN PLAINTIFF AND THIRD PARTY
- INTENTIONALLY PREVENTS OR DISRUPTED PERFORMANCE OF CONTRACT
- WAS A SUBSTANTIAL FACTOR IN PLAINTIFF’S RESULTING HARM
4
LIABILITY FOR INTRUSION ARISES WHERE DEFENDANT
- INTENTIONALLY INTRUDED
- IN MANNER OFFENSIVE TO REASONABLE PERSON
- INTO PLACE WHERE PLAINTIFF’S HAD A REASONABLE EXPECTATION OF PRIVACY
- HARMING PLAINTIFF
2
VICARIOUS LIABILITY FOR JOINT ENTERPRISES ARISES WHERE PARTIES
- AGREE TO WORK TOGETHER FOR MUTUAL BENEFIT
- SHARING EQUAL CONTROL OVER JOINT ENTERPRISE’S ASSETS AND ACTIVITIES
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
4
LIABILITY FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS IS FOUND WHERE DEFENDANT
- WAS NEGLIGENT
- BYSTANDER’S PROXIMITY TO TIME AND PLACE OF NEGLIGENT ACT
- (MANY JURISDICTIONS REQUIRE) PROXIMITY OF RELATIONSHIP TO VICTIM
- CAUSED PLAINTIFF TO SUFFER EXTREME EMOTIONAL DISTRESS
3
LIABILITY FOR NEGLIGENCE PER SE ARISES WHERE DEFENDANT
- BREACHES A DUTY CREATED BY STATUTE
- STATUE ENACTED TO PROECT GROUP OF PEOPLE OF WHICH PLAINTIFF IS A MEMBER
- STATUTE TO CREATED TO PREVENT TYPE OF INJURY PLAINTIFF SUFFERED
2
LIABILITY OF INCOMING PARTNERS
- NEW PARTNERS ARE NOT LIABLE FOR OLD DEBTS
- NEW PARTNER’S CAPITAL INVESTMENT CAN BE USED TO PAY FOR OLD DEBTS
1
LIABILITY OF NEW TENANT WITH ASSIGNED LEASE TO LANDLORD
- NEW TENANT IS RESPONSIBLE TO LANDLORD FOR RENTAL PAYMENTS DUE TO PRIVITY OF ESTATE
1
LIABILITY OF NEW TENANT TO LANDLORD FOR SUBLEASE RENTAL PAYMENTS
- NEW TENANT IS NOT LIABLE TO LANDLORD FOR SUBLEASE RENTAL PAYMENTS BECAUSE NO PRIVITY OF ESTATE.
2
LIABILITY OF OLD TENANT FOR ASSIGNED LEASE
- OLD TENANT IS STILL LIABLE TO LANDLORD FOR PAYMENT OF RENT BECAUSE OF PRIVITY OF CONTRACT.
- UNLESS LANDLORD SIGNS A NOVATION.
1
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.
1
LIABILITY OF OUTGOING PARTNERS
- OUTGOING PARTNERS ARE LIABLE FOR PRE-DISASSOCIATION DEBT
2
LIABILITY OF PARTNERS IN A LLP
- NO PERSONAL LIABILITY FOR PARTNERSHIP DEBTS
- PERSONAL LIABILITY WILL ARISE FOR PERSONAL WRONGDOING
4
TIRIGGERS OF LIABILITY OF PROMOTER UNDER A BREACH OF WARRANTY THEORY
- HE WILL ACT TO FORM A CORP
- HE HAS ACTED TO FORM A CORP
- THAT A CORPORATION EXISTS
- THAT PROMOTER HAS RIGHT TO REPRESENT CORP
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)
1
LIABILITY UNDER RESPONDEAT SUPERIOR ARISES WHERE
- TORT WAS COMMITTED IN THE SCOPE OF EMPLOYMENT
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
1
LIABLITY IS CREATED BY AGENT’S USE OF ACTUAL IMPLIED AUTHORITY WHEN
- THIRD PARTY REASONABLY RELIES ON IMPLICATION
1
LIBEL/DEFAMATION
- A WRITTEN OR RECORDED FALSE STATEMENT OF MATERIAL FACT PUBLISHED TO A THIRD PARTY
2
LICENSE
- RIGHT TO USE LICENSOR’S LAND FOR A SPECIFIC PURPOSE
- LICENSOR MAY REVOKE AT WILL
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
1
LIFE ESTATE PER AUTRE VIE
- LASTS FOR THE LIFETIME OF AN IDENTIFIED THIRD PERSON
2
“LIFE IN BEING”
- AN ASCERTAINABLE INDIVUAL
- MADE SPECIFICALLY IDENTIFIABLE BY LANGUAGE OF CONDITION
2
LIMITATION ON FEE AMOUNTS - ATTORNEY FEES MUST NOT BE
- ABA - UNREASONABLE
- CA- UNCONSCIONABLE
7
LIMITATIONS ON INDIVIDUAL RIGHTS IN A GRAND JURY INDICTMENT
- ILLEGALLY SEIZED EVIDENCE OK
- HEARSAY EVIDENCE OK
- NO PROBABLE CAUSE OK
- NO RIGHT TO COUNSEL
- NO RIGHT TO BE PRESENT
- NO RIGHT TO PRESENT EVIDENCE
- NO RIGHT TO CONFRONT WITNESSES
2
LIMITATIONS ON RELEVANCE
- DISCRETIONARY EXCLUSION
- PUBLIC POLICY EXCLUSIONS
3
STRUCTURE OF
LIMITED PARTNERSHIP
- TWO TIERED PARTNERSHIP STRUCTURE
- AT LEAST ONE GENERAL PARTNER
- AT LEAST ONE LIMITED PARTNER
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
1
LIQUIDATED DAMAGES ARE AGREED TO BY
- STIPULATION IN THE CONTRACT
3
LEGAL RESITUTION FOR BREACH OF CONTRACT AWARDED WHERE
- DEFENDANT DERIVED BENEFIT FROM PLAINTIFF
- JUSTICE DEMANDS PLAINTIFF BE COMPENSATED FOR BENEFIT
- OR PLAINTIFF WANTS HER PROPERTY BACK
3
REQUIREMENTS FOR AN AWARD OF LIQUIDATED DAMAGES PURSUANT TO A LIQUIDATED DAMAGES CLAUSE
- DAMAGES WERE UNCLEAR AT THE TIME OF CONTRACTING
- AMOUNT OF DAMAGES CONTEMPLATED WAS REASONABLE
- AND REMAINS A REASONABLE REMEDY TO THE BREACH
3
LLC - LIMITED LIABILITY COMPANY
- A BUSINESS ENTITY
- WITH THE LIMITED LIABILITY OF A CORPORATION
- AND THE TAX ADVANTAGES OF A PARTNERSHIP
3
LOGICAL RELEVANCE - EVIDENCE IS LOGICALLY RELEVANT WHERE IT
- TENDS TO MAKE THE EXISTENCE OF ANY FACT OF CONSEQUENCE
- MORE OR LESS PROBABLE
- THAN IT WOULD BE WITHOUT THE EVIDENCE
1
WHAT IS A “LOST VOLUME SELLER”?
- A SELLER WHO IS DENIED MULTIPLE SALES AND PROFIT BY A BREACHING BUYER
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
LOWEST INTERMEDIATE BALANCE RULE -
INVESTOR AND SPENDER FICTION
- INVESTOR FICTION - DEFENDANT INVESTS HIS OWN MONEY FIRST
- SPENDER FICTION - DEFENDANT SPENDS HIS OWN MONEY FIRST
2
LUCAS AND ANTI-LUCAS - DEATH VS. DIVORCE
- LUCAS APPLIES FOR DEATH
- ANTI-LUCAS APPLIES TO DIVORCE
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.
2
MAGISTRATE ISSUING SEARCH/ARREST WARRANT REQUIREMENTS
- NEUTRAL
- DETACHED FROM CASE
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.
3
ACCEPTANCE UNDER THE MAILBOX RULE
- UNDER THE MAILBOX RULE, ACCEPTANCE IS EFFEECTIVE UPON DISPATCH
- WHERE MADE IN THE MANNER SPECIFIED IN THE OFFER
- WHERE THE OFFER DOES NOT SPECIFY THE METHOD OF DISPACTCH, IT MUST BE MADE IN THE SAME OR FASTER METHOD AS THE OFFER WAS DISPATCHED.
1
MAILBOX RULE REJECTION
- REJECTION IS EFFECTIVE UPON RECEIPT
T
MAJORITY RULE - WHERE CONTRACTOR USES SUB-CONTRACTOR’S BIDS TO MAKE HIS OWN BID, WHAT MAY CONTRACTOR USE TO ENFORCE SUB-CONTRACTOR’S BIDS?
PROMISSORY ESTOPPEL
4
MALICE FOR MURDER IS THE INTENT TO
- TO KILL
- COMMIT SERIOUS BODILY INJURY
- COMMIT AN INHERENTLY DANGEROUS FELONY (FELONY MURDER RULE)
- CREATE EXTREME RISK TO HUMAN LIFE WITH AN AWARENESS AND CONSCIOUS DISREGARD FOR THAT RISK (DEPRAVED HEART MURDER).
1
MALICIOUS MISCHIEF
- MALICIOUS MISCHIEF IS THE WILLFUL OR WANTON DESTRUCTION OF VICTIM’S PROPERTY.
1
MALUM IN SE CRIME
- A MALUM IN SE CRIME INVOLVES MORAL TURPITUDE.
1
SPOUSE OWNERSHIP AND DISPOSITION - PERSONAL PROPERTY
- BELONGS EQUALLY TO EACH SPOUSE
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
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
2
MANIFESTATIONS OF GRANTOR’S INTENT TO MAKE DEED PRESENTLY EFFECTIVE
- RECORDING OF DEED
- GRANTOR GIVES GRANTEE DEED
3
MANIFESTATIONS OF INTENT TO CREATE TRUST
- WRITING
- VERBAL COMMUNCATION
- CONDUCT
3
MANIFESTATIONS OF INTENT TO CREATE TRUST
- WRITING
- VERBAL COMMUNCATION
- CONDUCT
3
PRODUCT DEFECT - PLAINTIFF MUST PROVE A MANUFACTURER DEFENDANT
- MANUFACTURED PRODUCT
- THAT WAS UNREASONABLY DANGEROUS WHEN IT LEFT DEFENDANT’S CONTROL
- CAUSING PLAINTIFF HARM
3
MARKET DIRECTORY HEARSAY EXCEPTION
- MARKET QUOTATIONS, DIRECTORIES AND OTHER PUBLIC COMPILIATIONS
- RELIED UPON BY THE PUBLIC OR PARTICULAR OCCUPATIONS
- ARE ADMISSIBLE WHERE PROPONENT SHOWS RELIABILITY.
2
MARKET SHARE LIABILITY WILL ATTACH WHERE
- LARGE GROUP OF POTENTIAL TORTFEASORS
- GENERIC PRODUCT MANUFACTURED BY POTENTIAL TORTFEASORS
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
3
ELEMENTS TRIGGERING
MARRIED WOMAN’S SPECIAL PRESUMPTION
- PROPERTY TAKEN IN WIFE’S NAME ALONE
- PRE-1975
- REBUTTABLY PRESUMED TO BE HER SEPARATE PROPERTY
2
MARRIED WOMAN’S SPECIAL PRESUMPTION - RESULT OF WIFE TAKING TITLE WITH 3rd PARTY
- WIFE AND THIRD PARTY ARE TENANTS IN COMMON
- WIFE HAS 1/2 INTEREST AS SEPERATE PROPERTY
2
MARRIED WOMAN’S SPECIAL PRESUMPTION - RESULT OF WIFE TAKING TITLE WITH 3rd PARTY
- WIFE AND THIRD PARTY ARE TENANTS IN COMMON
- WIFE HAS 1/2 INTEREST AS SEPERATE PROPERTY
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
3
MATERIAL CONDITION
- A CONDITION THAT MUST BE SATISFIED BEFORE A PERFORMANCE DUTY RIPENS
- FAILURE OF WHICH WILL GENERALLY DENY ONE OR ALL OF THE PARTIES’ EXPECTED BENEFIT OF THE BARGAIN
- EXCUSING THEM FROM PERFORMANCE.
2
MATERIALITY OF STATEMENTS MADE DURING NEGOTIATION
- STATEMENTS MADE DURING NEGOTIATIONS ARE NOT STATEMENTS OF MATERIAL FACT
- MAKING FALSE STATEMENTS OK
1
MAYHEM
- MAYHEM IS THE CRIME OF MALICIOUSLY DISMEMBERING OR DISFIGURING VICTIM.
2
MBE - COMMON LAW MALICE FOR ARSON
- DEFENDANT ACTED WITH INTENT OR KNOWLEDGE THAT THE STRUCTURE WOULD BURN
- OR RECKLESS DISREGARD OF AN OBVIOUS RISK THAT THE STRUCTURE WOULD BURN
2
MBE - DEFENDANT MAY OFFER PROOF OF HIS GOOD CHARACTER USING TESTIMONY ABOUT THESE TWO THINGS
- TESTIMONY ABOUT THE DEFENDANT’S REPUTATION
- TESTIMONY IN THE FORM OF OPINION
2
MBE - DORMANT COMMERCE CLAUSE AND MARKET PARTICIPANT STATE EXCEPTION
- WHERE STATE IS A MARKET PARTICIPANT
- IT MAY PREFERENCE IN STATE PARTIES.
2
MBE - EXCESSIVE ENTANGLEMENT AND GOVERNMENT GRANTS FOR CONSTRUCTION OF BUILDING TO BE USED AT RELIGIOUS SCHOOLS
- AS LONG AS THE SCHOOLS INVOLVED AREN’T “PERMEATED WITH RELIGION” THE GRANTS DONT INVOLVE EXCESSIVE ENTANGLEMENT
- AND THE DIRECT AID IS NOT TO PRIMARY OR SECONDARY SCHOOLS.
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
MBE - IMMUNITY OF FEDERAL EMPLOYEES FROM STATE TAXES
- STATE TAXES ON FEDERAL CONTRACTORS AND EMPLOYEES
- FOR PERSONAL USE OR INCOME IS OK.
4
MBE - LEARNED TREATISES MAY BE READ INTO EVIDENCE WHERE
- EXPERT WITNESS RELIES ON IT ON DIRECT EXAMINATION
- OR ITS CALLED TO EXPERT’S ATTENTION ON X-EXAMINATION
- OR ITS ESTABLISHED AS RELIABLE BY WITNESS’ OR OTHER EXPERT WITNESS’ TESTIMONY, ADMISSION
- OR JUDICIAL NOTICE
1
MBE - PRIOR INCONSISENT STATEMENT - MEANING OF PRIOR WHEN INCONSISTENT STATEMENT USED TO IMPEACH
- PRIOR MEANS INCONSISTENT STATEMENT OCCURRED BEFORE THE COURT REPETITION OF THE DECLARANTS OUT OF COURT STATEMENT OR CONDUCT.
3
MBE - PROBABLE CAUSE FOR SEARCH WARRANT AND STALE INFORMATION
- WHERE INFORMATION IS STALE,
- THE LIKELIHOOD OF SOUGHT AFTER ITEMS BEING ON PREMISES IS LOWER
- THUS DIMINISHING PROBABLE CAUSE
2
MBE - REQUIREMENT FOR ADMISSIBLITY OF EVIDENCE GATHERED AT CHECKPOINT FOR CAR STOPS
- EVERY CAR MUST BE STOPPED AND CHECKED
- RANDOM SEARCHES WILL MAKE EVIDENCE INADMISSIBLE
2
MBE - SEARCH WARRANTS REQUIREMENT FOR BUSINESSES
- ORDINARY BUSINESSES ARE NOT SUBJECT TO WARRANTLESS SEARCHES
- HEAVILY REGULATED INDUSTRIES CAN BE INSPECTED WITHOUT A WARRANT
1
MBE - TESTIMONY ABOUT DEFENDANT’S GOOD CHARACTER USING SPECIFIC INSTANCES OF CONDUCT IS PROHIBITED UNLESS
- THE CHARACTER TRAIT IS AN ESSENTIAL ELEMENT OF A CHARGE, CLAIM OR DEFENSE.
2
MBE - USE OF IMPEACHMENT EVIDENCE OT IMPEACH THE CREDIBILITY OF THE TESTIFYING CHARACTER WITNESS
- A CHARACTER WITNESS’ CREDIBILITY MAY BE IMPEACHED BY USING SPECIFIC INSTANCES
- TO SHOW THE WITNESS’ ASSESSMENT OF CHARACTER IS NOT CREDIBLE
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.
1
MBE MISSED - A STATE’S LEGISLATIVE FUNCTIONS MAY BE IMMUNE FROM FEDERAL PROSECUTION UNDER THE
- TENTH AMENDMENT
2
MBE MISSED - A STATUTE WILL NOT VIOLATE THE TENTH AMENDMENT WHERE IT IS
- GENERALLY APPLICABLE
- DOES NOT COMMANDEER THE LEGISTLATIVE FUNCTION OF LOCAL GOVERNMENT
1
MBE MISSED - A WRITTEN AGREEMENT IS PRESUMED PARTIALLY INTEGRATED UNLESS
- CLEAR EVIDENCE EXISTS TO THE CONTRARY
1
MBE MISSED - AN AGREEMENT EXCHANGING PAYMENT FOR WRITING AN OFFER (PERFORMANCE) IS A
- UNILATERAL CONTRACT
1
MBE MISSED - AN OUT OF COURT STATEMENT OFFERED FOR PROOF OF THE MATTER ASSERTED (HEARSAY) MAY COME IN UNDER THIS MANY EXCEPTIONS
- ONE TO HOWEVER MANY EXCEPTIONS APPLY
2
MBE MISSED - ANIMALS ON FEDERAL LAND ARE PROTECTED BY CONGRESS’ POWER TO DO THIS REGARDING FEDERAL LANDS
- DISPOSE OF AND
- MAKE ALL NEEDFULL RULES AND REGULATIONS
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
MBE MISSED - BURDEN OF GOING FORWARD ON AN AFFIRMATIVE DEFENSE. DEFENDANT MUST PROVE DEFENSE BY A
- PREPONDERANCE OF EVIDENCE
1
MBE MISSED - COMMERCIAL SPEECH RECIEVES THIS LEVEL OF SCRUTIY
- INTERMEDIATE SCRUTINY
1
MBE MISSED - CONGRESS MAY CONTROL FEDERAL COURT ORDERS BY
- RESTRICTING THE JURISDICTION OF APPELLATE COURTS
1
MBE MISSED - CONTENT NEUTRAL RESTRICTIONS ON SPEECH ARE REVIEWED USING
- INTERMEDIATE SCRUTINY
2
MBE MISSED - DEFAMATION - CHARACTER AT ISSUE IN THESE TWO RESPECTS
- WHETHER DEFENDANT’S ASSESSMENT IS INCORRECT
- WHETHER PLAINTIFF’S REPUTATION HAS BEEN DAMAGED
1
MBE MISSED - DYING DECLARATION EXCEPTION REQUIRES THAT THE DECLARANT BE
- UNAVAILABLE
1
MBE MISSED - EASEMENT AGAINST SERVIENT ESTATE - BFP WILL BE FOUND TO HAVE NOTICE WHERE EASEMENT APPEARS
- IN CHAIN OF TITLE
1
MBE MISSED - EVEN WHERE A PERSON IS EMPLOYED IN FOR A “PERMANENT POSITION”, HE IS CONSIDERED AN
- AT-WILL EMPLOYEE
3
MBE MISSED - EXPERT TESTIMONY IS NECESSARY TO ASSIST THE TRIER OF FACT WHERE COURT DETERMINES
- SCIENTIFIC
- TECHNICAL
- OR OTHER SPECIALIZED KNOWLEDGE IS NEEEDED
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
1
MBE MISSED - COMMERCE CLAUSE - FOR STATE LICENSING QUESTIONS, LOOK FOR LICENSING REQUIREMENT’S EFFECT ON
- INTERSTATE COMMERCE
1
MBE MISSED - FRE 408 - EVIDENCE OF CONDUCT OR STATEMENTS MADE DURING THE THE COURSE OF SETTLEMENT NEGOTIATIONS
- ARE INADMISSIBLE
1
MBE MISSED - FREE EXERCISE CLAUSE - COURTS WILL UPHOLD A FACIALLY NEUTRAL ACT UNLESS IT WAS INTENDED TO
- TARGET THE PRACTICES OF A SPECIFIC RELIGIOUS GROUP.
1
MBE MISSED - THE TORTIOUS BATTERY INTENT REQUIREMENT MAY BE SATISFIED BY
- THE INTENT TO COMMIT A TORTIOUS ASSAULT
2
MBE MISSED - INTERMEDIATE SCRUTINTY FOR CONTENT NEUTRAL FORMS OF SPEECH REQUIRES
- ORDINANCE IS NARROWLY TAILORED TO ACHIEVE AN IMPORTANT GOVERNMENT INTEREST
- ALTERNATE CHANNELS OF COMMUNICATION FOR PLAINTIFF TO DISSEMINATE MESSAGE ARE LEFT OPEN
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
1
MBE MISSED - MINOR BREACH AMOUNTS TO
- SUBSTANTIAL PERFORMANCE
1
MBE MISSED - OFFERS TO COMPROMISE ARE ONLY INADMISSIBLE WHEN THE CLAIM IS
- DISPUTED
1
MBE MISSED - ORAL AGREEMENT - OVERCOMING STATUTE OF FRAUDS WITH BUYER’S ACT - BUYER’S ACT MUST BE ________ TO AGREEMENT TO COUNT AS PART PERFORMANCE
- UNEQIVOCALLY REFERRABLE
2
MBE MISSED - PAROL EVIDENCE RULE PROVIDES THAT A COMPLETELY INTEGRATED WRITING CANNOT BE CONTRADICTED BY
- PRIOR WRITTEN OR ORAL AGREEMENTS
- CONTEMPORANEOUS ORAL AGREEMENTS
5
MBE MISSED - PAST BAD ACTS MAY BE ADMITTED TO SHOW
- PLAN
- KNOWLEDGE
- IDENTITY
- ABSENCE OF MISTAKE
- LACK OF ACCIDENT
2
MBE MISSED - PAST CONVICTIONS MAY BE USED TO IMPEACH CREDIBILITY WHERE ELEMENTS OF PRIOR CRIME INVOLVED
- DISHONEST ACT
- FALSE STATEMENT
2
MBE MISSED - PRODUCT LIABILTY - A MANUFACTURER IS OBLIGATED TO TAKE ALL OF THESE STEPS TO MAKE PRODUCT SAFE
- REASONABLE
- COST EFFECTIVE
4
MBE MISSED - RECOVERY FOR WITNESSES OF NEGLIGENT INJURY MUST BE
- CLOSELY RELATED TO VICTIM
- PRESENT AT SCENE OF INJURY
- AWARE VICTIM WAS BEING INJURED
- SUFFERED SERIOUS EMOTIONAL DISTRESS FROM PRESENCE
2
MBE MISSED - RESTRICTIVE COVENANT IS ENFORCEABLE AGAINST SUBSEQUENT PURCHASERS WHERE SUBSEQUENT PURCHASERS HAVE
- ACTUAL NOTICE OR
- CONSTRUCTIVE NOTICE OF RESTRICTIVE COVENANT
1
MBE MISSED - REVERTERS ARE NOT SUBJECT TO THE RULE AGAINST PERPETUITIES BECAUSE
- THEY VEST AT THE MOMENT THEY ARE CREATED.
1
MBE MISSED - REVERTERS ARE NOT SUBJECT TO
- THE RULE OF PERPETUITIES
3
MBE MISSED - ROBBERY - AFTER PROPERTY TAKEN, USE OF FORCE OR THREAT OF FORCE REQUIREMENT ONLY SATISFIED WHERE
- IMMEDIATELY AFTER TAKING
- DEFENDANT USES FORCE TO STOP VICTIM FROM CATCHING HIM
- OR RETAKING PROPERTY
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
2
MBE MISSED - STRICT LIABILITY CRIMES INVOLVE
- REGULATORY OFFENSES
- OFFENSES SERIOUS POTENTIAL HARM TO PUBLIC
2
MBE MISSED - STRICT LIABILITY PRODUCT DEFECT - DEFENDANT CAN ONLY BE LIABLE WHERE PRODUCT WAS DEFECTIVE
- WHEN IT LEFT DEENDANT’S CONTROL
- AND NOT EXPECTED TO UNDERGO SIGNIFICANT CHANGES BEFORE USING END CONSUMER
1
MBE MISSED - THE POWER TO PROSECUTE BELONGS EXCLUSIVELY TO THIS BRANCH OF GOVERNMENT
- THE EXECUTIVE BRANCH
2
MBE MISSED - ELEMENTS NEEDED FOR FRUSTRATION OF PURPOSE EXCUSING PERFORMANCE OF LEASE ON PARTIALLY CONDEMNED PROPERTY
- FRUSTRATION MUST BE COMPLETE OR ALMOST COMPLETE
- TENANT MUST NOT HAVE BEEN COMPENSATED FOR INTEREST IN PROPERTY
3
MBE MISSED - TO BE CONSTITUTIONAL, A STATE LAW MUST
- BE ENACTED WITHIN THE STATE’S POWERS
- NOT VIOLATE ANY CITIZEN’S CONSTITUTIONAL RIGHTS
- NOT IMPROPERLY BURDEN INTERSTATE COMMERCE
1
MBE MISSED - TO CONSTITUTE ANTICIPATORY REPUDIATION - REPUDIATING PARTY MUST
- UNEQUIVOCALLY INDICATE THAT HE WILL NOT PERFORM HIS OBLIGATIONS UNDER THE CONTRACT
2
MBE MISSED - UCC 2-210, FOR REQUIREMENTS/OUTPUT CONTRACTS - NO ASSIGNMENT CLAUSES IN CONTRACTS PREVENT ONLY
- DELEGATIONS OF DUTIES
- NOT ASSIGNMENTS OF RIGHTS
2
MBE MISSED - UNDER RETREAT DOCTRINE, DEFENDANT IS NOT UNDER THE OBLIGATION TO RETREAT WHERE DEFENDANT IS NOT
- THE AGRESSOR
- USING EXCESSIVE OR DEADLY FORCE
1
MBE MISSED - UNDISPUTED EVIDENCE FROM DEFENDANT REBUTTING PLAITNIFF’S UNDISPUTED PRIMA FACIE EVIDENCE WILL
- ENTITLE DEFENDANT TO VERDICT
1
MBE MISSED - UNKNOWN TRESPASSER IS OWED
- NO DUTY
1
MBE MISSED - WHEN ATTEMPTED CRIME MISTAKENLY INJURES WRONG VICTIM, DEFENDANT WILL BE CHARGED WITH ATTEMPTED CRIME AGAINST
- ORIGINALLY INTENDED VICTIM
1
MBE MISSED - WHERE A LAW IMPACTS A FIRST AMENDMENT RIGHT, THE BURDEN OF PROOF IS ON
- THE GOVERNMENT
1
MBE MISSED - WHERE A LAW IMPACTS FIRST AMENDMENT RIGHTS IT MUST
- PROMOTE A SIGNFICANT GOVERNMENT INTEREST.
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
2
MBE MISSED - PROMISSORY ESTOPPEL(DETRIMENTAL RELIANCE) VS. QUASI CONTRACT (PART PERFORMANCE)
- PROMISSORY ESTOPPEL SHOULD ENTITLE PROMISEE TO THE PROMISED BENEFIT VS.
- QUASI CONTRACT WILL AWARD REASONABLE VALUE OF SERVICES
2
MBE MISSED- GRATITUTOUS PROMISES ARE ENFORCEABLE WHERE
- THEY ARE LIKELY TO INDUCE PROMSEE’S RELIANCE
- AND DO INDUCE PROMISEE’S RELIANCE
4
MEANS OF REVOKING OFFER
- LAPSE
- DEATH BY OFFEROR
- REVOCATION BY OFFEROR
- REJECTION BY OFFEREE
6
MEANS OF TERMINATING ACTUAL IMPLIED AUTHORITY (BLO-CHU)
- BREACH OF AGENT’S FIDUCIARY DUTIES
- LAPSE OF STATED PERIOD OR REASONABLE TIME
- OPERATION OF LAW (DEATH, BK)
- CHANGED CIRCUMSTANCES
- HAPPENING OF A SPECIFIC EVENT
- UNILATERAL TERMINATION BY EITHER PARTY
2
MEASURE OF DAMAGES FOR THE NONBREACHING BUYER WHO PROCURES COVER
- EXCESS OF THE COVER PRICE
- OVER THE CONTRACT PRICE
2
MEASURING LIFE FOR RAP IS LIFE IN BEING PLUS
- 21 YEARS
- LOOK OUT FOR THE 21 YEARS
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.
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
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.
2
EXCEPTIONS TO SHAREHOLDER APPROVAL REQUIREMENT FOR MERGER
- SHAREHOLDER APPROVAL NOT NEEDED WHERE CHANGE NOT SIGNFICANT
- SHORT FORM MERGER OK WHERE 90 PERCENT OWNED OR MORE SUBSIDIARY MERGES INTO ANOTHER
4
MERGER DOCTRINE OF LAND SALE CONTRACT AND DEED
- AFTER CLOSING
- DEED BECOMES OPERATIVE DOCUMENT
- OBLIGATIONS OF LAND SALE CONTRACT DEEMED DISCHARGED CLOSING
- UNLESS OBLIGATIONS RESTATED IN DEED
4
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.
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
METHODS OF TERMINATING OR MODIFYING A REAL COVENANT
- AGREEMENT OF ALL PARTIES MADE IN A SUFFICIENT WRITING.
- ABANDOMENT ACTION
- CHANGED CONDITIONS
3
MILLER TEST FOR OBSCENITY
- APPEALS TO PRURIENT INTERESTS (COMMUNITY STANDARD)
- PATENTLY OFFENSIVE UNDER LAWS LIMITING OBSCENITY (COMMUNITY STANDARD)
- SERVES NO SLAP VALUE (NATIONAL STANDARD)
2
JUDICIAL TRENDS ON MINIMAL CONTACTS BY INTERNET PRESENCE
1) PASSIVE WEBSITES INSUFFICIENT FOR CONTACT
2) INTERACTIVE AND AND COMMERCIAL SITES SUFFICIENT FOR CONTACT
2
MINIMUM CONTACTS - GENERAL JURISDCTION - CONTACTS WITH THE FORUM STATE ARE
- SUFFICIENTLY SYSTEMATIC
- CONTINUOUS
1
MINIMUM CONTACTS - SPECIFIC JURISDICTION
- CLAIM IS DIRECTLY RELATED TO DEFENDANT’S CONTACT WITH THE FORUM STATE
2
DEFENDANT HAS MINIMUM CONTACTS WITH A STATE WHEN HE
(FORESEEABILITY)
- PURPOSEFULLY AVAILS HIMMSELF OF THE BENEFITS AND PROTECTIONS OF A STATE
- MAKING IT REASONABLY FORESEEABLE HE COULD BE HALED INTO STATE’S COURT
4
MIRANDA - INVOCATION OF COUNSEL AND INTERROGATION - ONCE SUSPECT INVOKES RIGHT TO COUNSEL, POLICE MUST
- MUST CEASE ALL INTERROGATION
- UNTIL SUSPECT CONSULTS COUNSEL
- AND CANNOT RESUME INTERROGATION
- UNTIL COUNSEL IS PRESENT.
1
MIRANDA - SUSPECT’S INVOCATION OF RIGHT TO COUNSEL
- MUST BE UNAMBIGUOUS
1
MIRANDA ONLY APPLIES TO THESE INTERROGATIONS
- CUSTODIAL INTERROGATIONS
2
MIRROR IMAGE RULE
- UNDER THE COMMON LAW MIRROR IMAGE RULE, ACCEPTANCE MUST BE AN UNEQUIVOCAL ASSENT TO THE TERMS OF THE OFFER
- BY WORDS OR PERFORMANCE
3
SEC - MISAPPROPRIATORS
- BREACH A DUTY OF TRUST AND CONFIDENCE
- OWED TO A SOURCE OF MATERIAL NON-PUBLIC CORPORATE INFORMATION
- WHEN THEY MAKE A TRADE OF A SECURITY INSTRUMENT BASED ON THIS MATERIAL NON-PUBLIC CORPORATE INFORMATION
2
MITIGATING FACTORS FOR HOMICDE
- MITIGATING FACTORS ARE CONSIDERATION NOT AMOUNTING TO COMPLETE DEFENSES
- WEIGHED BY TEH JURY WHEN DETERMINING DEGREE OR TYPE OF HOMICIDE FOUND.
2
MODERN ARSON
- MODERNLY, THE CRIME OF ARSON HAS BEEN EXPANDED TO INCLUDE
- MALICIOUS BURNING OF STRUCTURES, LAND AND PROPERTY.
5
MODERN BURGLARY - MOST JURISDICTIONS DEFINE BURGLARY AS A
- A SPECIFIC INTENT CRIME
- COMMITTED AT ALL HOURS OF THE DAY
- BY BREAKING AND ENTERING ALMOST ANY STRUCTURE
- WITH THE SPECIFIC INTENT TO COMMIT A FELONY
- OR ANY DEGREE OF LARCENY
1
MODERN DUTY OF LANDOWNERS
- GENERAL DUTY OF CARE TO THOSE OFF AND ON THE LAND
1
KIDNAPPING - MODERNLY, MOST JURISIDICTIONS HAVE DONE AWAY WITH THIS ELEMENT OF COMMON LAW KIDNAPPING
- THE CARRYING AWAY REQUIREMENT
3
MODERN CODIFICATIONS OF MURDER - FIRST DEGREE MURDER IS TYPICALLY CODIFIED AS A HOMICIDE COMMITED BY
- PREMEDITATION AND DELIBERATENESS
- OR ENUMERATED MEANS
- OR COMMISSION OF AN ENUMERATED FELONY.
1
MODERN OVERT ACT REQUIREMENT FOR ATTEMPT CRIME
- MODERNLY, MOST JURISIDCTIONS REQUIRE AN OVERT ACT BE COMMITTED IN FURTHERANCE OF THE CRIME.
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
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.
1
MODERN TREATMENT OF CONTINGENT REMAINDERS IF REMAINDER IS STILL CONTINGENT UPON TERMINATION OF PRECEDING ESTATE
- GRANTOR GETS REMAINDER
- REMAINDER IS CONVERTED TO A SPRINGING EXECUTORY INTEREST
3
MODERN VIEW OF LANDLORD’S DUTIES TO THE CONDITION OF THE PREMISES
- MAINTAIN COMMON AREAS
- FIX LATENT DEFECTS OF WHICH LANDLORD HAS KNOWLEDGE
- MAKE REPAIRS IN A NONNEGLIGENT FASHION
1
MODERNY LARCENY CODIFICATION
- MODERNLY, MANY JURISDICTIONS CODIFY LARCENY AS THEFT.
3
MODIFICATION OR REVOCATION OF TRUST
- MAJORITY RULE - ONLY WHERE SETTLOR EXPRESSLY RESERVES POWER IN TRUST
- MINORITY RULE AND CA - TRUSTS ARE ALWAYS REVOCABLE UNLESS EXPRESSLY STATED OTHERWISE IN TRUST
- COURTS CAN MODIFY TRUSTS TO MEET SETTLOR’S INTENT
1
TIMELINESS - MOOTNESS - A CASE IS MOOT WHERE
- CONTROVERSY HAS BEEN ELIMINATED
3
MORTGAGE - ELEMENTS
CIF
- CONVEYANCE OF A SECURITY INTEREST
- IN LAND INTENDED BY THE PARTIES TO BE COLLATERAL
- FOR THE REPAYMENT OF A FINANCIAL OBLIGATION
2
MOTION FOR DIRECTED VERDICT OR DEMURRER TO THE EVIDENCE (CA)
- AT TRIAL
- AFTER OPPOSING SIDE HAS PRESENTED ITS CASE
- OTHER SIDE FILES MOTION FOR DIRECTED VERDICT
- ARGUING INSUFFFICIENT EVIDENCE PRESENTED BY OPPOSING SIDE
- TO ALLOW REASONABLE PEOPLE TO AGREE WITH OPPOSING SIDE’S CASE
2
MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT TIMING REQUIREMENTS- CA
- MOTION MUST BE MADE W/IN 15 DAYS AFTER SERVICE OF NOTICE OF ENTRY OF JUDGMENT
- OR 180 DAYS AFTER JUDGMENT ENTERED
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
2
MOTION FOR NEW TRIAL MUST BE FILED W/IN
- FED- 28 DAYS AFTER ENTRY OF JUDGMENT
- CA - 15 DAYS OF SERVICE OF NOTICE OF ENTRY OF JUDGMENT OR 180 DAYS AFTER JUDGMENT ENTERED
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
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
2
MOTION TO QUASH FILING REQUIREMENTS
- MADE BY SPECIAL APPEARANCE
- DONE BEFORE OR CONCURRENTLY WITH FILING OF RESPONSIVE PLEADINGS
1
MOTION TO SET ASIDE JUDGMENT BASED ON NEGLECTFUL MISTAKES OR VOIDNESS TIMING LIMITS
- MOTIONS TO SET ASIDE JUDGMENT BASED ON NEGLECTFUL MISTAKES OR VOIDNESS MUST BE BROUGHT W/IN YEAR OF ENTRY OF JUDGMENT.
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.
1
UNILATERAL AGREEMENT AS EVIDENCE OF CONSPIRACY AND MPC
- UNDER THE MPC, A UNILATERAL ACT MAY ALSO SUPPORT A CONSPIRACY CHARGE.
1
MULTIPLE ACTS AND ACTUAL CAUSES - EACH DEFENDANT MUST SHOW
- HIS NEGLIGENCE WAS NOT THE ACTUAL CAUSE OF THE INJURY
MULTIPLYING A DEFAMATORY STATEMENT MAY CAUSE LIABILITY TO
- REPUBLISHERS
- EVEN WHERE ATTRIBUTING STATEMENT TO ORIGINAL DEFAMER.
2
MUTUALITY OF PERFORMANCE ELEMENTS
- PLAINTIFF HAS ALREADY PERFORMED
- OR COURT HAS POWER TO SECURE PERFORMANCE BY PLAINTIFF
2
MUTUALITY OF PERFORMANCE REQUIREMENT FOR SPECIFIC PERFORMANCE AND COMMON LAW/MODERN DIFFERENCES
- AT COMMON LAW, COURTS REQUIRED MUTUALITY OF REMEDY
- MODERNLY, COURTS ONLY REQUIRE MUTUALITY OF PERFORMANCE
1
MY DOG HAS
- FLEAS
1
NECKLACES
- GO ON YOUR NECK
1
NECKLACES
- GO ON YOUR NECK
1
NEGATIVE EASEMENT
- PROHIBITS AN OWNER FROM DOING SOMETHING ON HIS OWN LAND.
2
NEGLIGENCE BY EMERGENCY RESPONDERS WILL ONLY BE FOUND WHERE RESPONDERS
- INCREASED RISK OF DANGER TO PLAINTIFF
- HAVE A SPECIAL RELATIONSHIP WITH THE PLAITNIFF
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
NEW YORK TIMES BURDEN OF PROOF FOR DEFAMATION FOR A PUBLIC OFFICIAL
- STATEMENT WAS MADE WITH ACTUAL MALICE
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
NOMINAL DAMAGES FOR CONTRACT BREACH
- DECLARATION THAT CONTRACT WAS BREACHED
- PLAINTIFF DID NOT SUFFER ACTUAL LOSS FROM BREACH
1
WHEN MAY THE NONBREACHING BUYER SEEK SPECIFIC PERFORMANCE?
- THE NONBREACHING BUYER MAY SEEK SPECIFIC PERFORMANCE WHEN THE SUBJECT GOODS WERE UNIQUE.
2
NONBREACHING BUYER’S REMEDY OPTIONS UNDER THE UCC
- REPUDIATE THE CONTRACT AND DEMAND COVER
- AFFIRM THE CONTRACT AND DEMAND CONFORMIGN GOODS.
1
NONPUBLIC GOVERNMENT PROPRETY AS A FORUM FOR SPEECH
- NONPUBLIC GOVERNMENT PROPERTY IS NOT OPEN TO SPEECH
1
INTRASTATE COMMERCE WILL TRIGGER THE COMMERCE CLAUSE ONLY WHERE
- THERE IS A DIRECT AND SUBSTANTIAL IMPACT ON INTERSTATE COMMERCE.
5
NONWAIVABLE RUPA PROVISIONS - PARTNERSHIP AGREEMENT’S CAN’T
- WAIVE FIDCUIARY DUTIES
- RESTRICT THIRD PARTY RIGHTS
- AFFECT COURT’S POWER OVER PARTNERSHIP
- AFFECT LAW
- PREVENT A PARTNER FROM DISASSOCIATING (WITH NOTICE)
2
NOTICE REQUIREMENTS FOR SERVICE OF INITIAL PLEADINGS - DEFENDANT MUST BE SERVED
- BY A REASONABLE METHOD
- AND GIVEN AN OPPORTUNITY TO BE HEARD.
1
NOTICE STATUTE
- SUBSEQUENT BFP WITHOUT NOTICE PREVAILS OVER PRIOR GRANTEE WHO FAILED TO RECORD
3
NOTICE TO TERMINATE TENANCY AT WILL REQUIREMENT - NOTICE MAY BE GIVEN
- AT ANY TIME,
- BY EITHER PARTY.
- MOST JX REQUIRE REASONABLE NOTICE TO VACATE.
3
DUE PROCESS - NOTIONS OF FAIR PLAY AND SUBSTANTIAL JUSTICE ARE NOT OFFENDED BY SELECTION OF FORUM STATE 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
OBJECTION - ARGUMENTATIVE IS USED WHEN QUESTION ASKED
- ASKS FOR INFERENCES TO MADE FROM THE QUESTION
- IN ORDER TO PERSUADE JUDGE OR JURY
2
OBJECTION - ASKED AND ANSWERED IS USED WHEN WITNESS HAS
- ALREADY ANSWERED THE SAME OR SIMILAR QUESTION
- FROM THE SAME ATTORNEY
2
OBJECTION - BROAD, GENERAL, INDEFINITE IS USED WHERE QUESTION PERMITS THE WITNESS TO ANSWER WITH A TESTIMONY THAT IS
- IRRELEVANT
- INADMISSIBLE
1
OBJECTION - CALLS FOR A LEGAL CONCLUSION IS USED WHERE THE WITNESS IS ASKED
- TO STATE AN OPINION ABOUT ONE OF THE LEGAL MATTERS TO BE DECIDED IN THE CASE
2
OBJECTION - CALLS FOR A NARRTIVE IS USED WHERE THE WITNESS IS ASKED A QUESTION
- ON DIRECT EXAMATION
- INVITING A NARRATIVE RESPONSE
1
OBJECTION - CALLS FOR SPECULATION IS USED WHERE A QUESTION INVITES A WITNESS TO TESTIFY
- BASED ON CONJECTURE
2
OBJECTION - CALLS FOR SPECULATION IS USED WHERE A QUESTION
- INVITES WITNESS TO SPECULATE
- OR ANSWER ON BASIS OF CONJECTURE
1
OBJECTION - COMPOUND IS USED WHERE WITNESS IS ASKED
- A QUESTION THAT REQUIRES MULTIPLE ANSWERS
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
2
OBJECTION - LEADING IS USED WHERE WITNESS IS ASKED A QUESTION THAT
- ON DIRECT EXAMINATION
- SUGGESTS THE ANSWER THE EXAMINING PARTY DESIRES.
2
OBJECTION - MISLEADING IS USED WHERE A QUESTION
- MISTATES EVIDENCE
- OR MISQUOTES WITNESSES
2
OBJECTION - USES FACTS NOT IN EVIDENCE IS USED WHEN
- LAWYER USES QUESTIONS ON DIRECT EXAMINATION
- THAT ARGUE ISSUES OF CASE OR FACTS
4
OF SOUND MIND - NO CAPACITY WHERE TESTATOR INFLUENCED BY
- FRAUD
- DURESS
- MENACE
- UNDUE INFLUENCE
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
3
“OF SOUND MIND” - TESTATOR NOT COMPETENT WHERE
- SUFFERS FROM MENTAL DISORDER
- CAUSING HALLUCINATIONS OR DELUSIONS
- MOTIVATING DEVISES THAT TESTATOR WOULD NOT HAVE MADE WITHOUT THE HALLUCINATIONS OR DELUSIONS
2
OFFER
- A MANIFESTATION OF PRESENT CONTRACTUAL INTENT
- SO CERTAIN IN TERMS THAT A REASONABLE PERSON WOULD CONCLUDE ASSENT WOULD FORM A BARGAIN
1
PRETERMITTED CHILD
- BORN AFTER EXECUTION OF WILL
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.
2
OPTION CONTRACT
- OFFEREE AGREES TO KEEP OFFER OPEN FOR AGREED UPON PERIOD OF TIME
- IN EXCHANGE FOR CONSIDERATION FROM OFFEREE
1
ORAL CONDITION PRECEDENT
- AN ORAL CONDITION THAT MUST BE SATISFIED BEFORE THE PERFORMANCE DUTIES OF A SEPARATE AGREEMENT MUST RIPEN.
2
ORAL EASEMENTS CREATE
- A LICENSE
- RISK OF CREATING AN EASEMENT BY ESTOPPEL WHEN LICENSEE RELIES ON REPRESENTATION.
2
ORAL TRUST LIMITATIONS AND PROOF
- MAY ONLY BE FOR PERSONAL PROPERTY
- MAY BE PROVED BY CLEAR AND CONVINCING EVIDENCE
6
ORDER OF ANALYZING ASSETS FOR COMMUNITY PROPERTY ESSAYS (NO GOOD SPOUSE SHOULD ACTUALLY DIVORCE)
- NAME OF ASSET
- GENERAL PRESUMPTION
- SPECIAL PRESUMPTION
- STATUATORY PRESUMPTION
- ACTIONS TAKEN
- DISPOSITION OF ASSET
2
ORDER OF DECISIONS IN CALIFORNIA TRAIL (EQUITY AND FACT)
- COURT DECIDES EQUITABLE ISSUES FIRST
- JURY DECIDES FACTS SECOND
2
ORDER OF DECISIONS IN FEDERAL TRIAL (LEGAL AND EQUITABLE)
- JURY DECIDES FACTS FIRST
- JUDGE DECIDES EQUITY
6
ORDER OF GIFT ABATEMENT - FIRST ABATED TO LAST ABATED
- PROPERTY NOT DISPOSED OF IN WILL
- RESIDUARY GIFTS
- GENERAL GIFTS TO NONRELATIVES
- GENERAL GIFTS TO RELATIVES
- SPECIFIC GIFTS TO NONRELATIVES
- SPECIFIC GIFTS TO RELATIVES
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
ORGANIZATIONAL STANDING
- MEMBERS HAVE STANDING INDIVIDUALLY
- INTERESTS ASSERTED RELATE TO ORGANIZATION’S PURPOSE
- NO UNIQUE INJURY AMONG MEMBERS REQUIRING INDIVIDUAL PARTICIPATION
1
OUTCOME DETERMINATIVE TEST
- AN ISSUE THAT WILL CHANGE OR DIRECTLY AFFECT THE CASE’S OUTCOME IS SUBSTANTIVE
4
OUTSIDE WRITING MAY BE INCORPORATED BY REFERENCE INTO THE WILL WHERE:
- WRITING EXISTED WHEN WILL EXECUTED
- WILL MANIFESTS INTENT TO INCORPORATE WRITING
- WILL SUFFICIENTLY DESCRIBES WRITING TO IDENTIFY IT
- WRITING ITSELF NEED NOT BE VALID
2
CONSPIRACY - MODERN OVERT ACT REQUIREMENT
- MODERNLY, MOST JURISDICTIONS REQUIRE AN OVERT ACT BE COMMITTED
- IN FURTHERANCE OF THE CONSPIRACY’S CRIMINAL OBJECTIVE.
1
PANTS GO ON
LEGS
5
UNDER THE PARAMOUNT CORPORATIONS RULE, A DIRECTOR MAY RESIST
- TENDER OFFERS
- PROXY FIGHTS
- AND OTHER TAKEOVER THREATS
- WHERE THEY THREATEN CORPORATE STRATEGY
1
PAROL EVIDENCE RULE
- EVIDENCE OF PRIOR AGREMEENT MAY NOT BE INTRODUCED TO VARY OR CONTRADICT THE TERMS OF A FULLY INTEGRATED CONTRACT.
3
PARTNERSHIP - CONTRACTUAL RELATIONSHIPS WITH THIRD PARTIES AND AGENCY THEORY
- PARTNER’S ABILITY TO BIND THE PARTNERSHP IS BASED ON AGENCY THEORY
- EACH PARTNER IS AN AGENT OF THE PARTNERSHIP
- FOR PURPOSES OF CONDUCTING PARTNERSHIP BUSINESS
1
PARTNERSHIP AGREEMENTS - WHERE A PARTNERSHIP ISSUE IS NOT ADDRESSED,
- RUPA WILL GOVERN
3
PERSONAL LIABILITY OF PARTNERS FOR PARTNERSHIP DEBTS
- JOINTLY AND SEVERALLY LIABILITY FOR PARTNERSHP LIABILITIES
- INDEMNIFICATION
- CONTRIBUTION RIGHTS
1
PARTY ADMISSION
- Any statement made by a party is admissible if offered against the party.
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
2
REQUIREMENTS FOR SHAREHOLDER VALIDATION OF FUNDAMENTAL CORPORATE CHANGES
- MAJORITY VOTE
- OF ALL OUTSTANDING SHARES TO VALIDATE
3
PATDOWN - PLAIN FEEL DOCTRINE
- DURING LAWFUL PAT-DOWN
- OFFICER FEELS SOMETHING IMMEDIATELY RECOGNIZABLE AS CONTRABAND
- OFFICER CAN SEIZE THE ITEM.
4
PAYMENTS TO WITNESSES GUIDELINES
- REIMBURSEMENT OF REASONABLE TRANSPORTATION, LOST WAGES AND ACCOMODATION OK
- REIMBURSEMENT CAN’T BE CONTINGENT ON HELPFULNESS OF TESTIMONY
- NO CONTINGENT PAYMENT OF AWARD
- EXPERT FEES OK
1
PER CAPITA DISTRIBUTION
- EACH DESCENDENT TAKES AN EQUAL SHARE OF DECEDENT’S ASSETS
3
“PER SE” MINIMUM CONTACTS ARISE FROM DEFENDANT’S
- DIRECT CONTACT WITH THE FORUM STATE
- CONTRACTING WITH A RESIDENT OF THE FORUM STATE
- PUTTING A PRODUCT INTO STREAM OF COMMERCE IN THE STATE
2
PERFECT TENDER RULE - A SHIPMENT OF NON-CONFORMING GOODS WILL ALLOW SELLER TO
- ACCEPT NON-CONFORMING GOODS
- REJECT NON-CONFORMING GOODS
- CEASE PERFORMANCE
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.
2
PERIODIC TENANCY - CREATED BY
- EXPRESSLY - MONTH TO MONTH CONTRACT OR
- IMPLICATION
3
PERIODIC TENANCY - TERMINATION NOTICE REQUIREMENT
- BECAUSE SELF RENEWING, WRITTEN NOTICE
- EQUAL TO LENGHTH OF LEASE
- UNLESS YEARLY LEASE, THEN SIX MONTHS NOTICE IS REQUIRED
4
PERIODIC TENANCY IS CREATED BY IMPLICATION WHERE LEASE
- IS HELD OVER (HOLDOVER TENANCY)
- HAS NO STATED END DATE
- HAS AN ORAL TERM OF YEARS VIOLATING STATUTE OF FRAUDS
- DOES NOT EXIST BUT PAYMENT OF REGULAR RENT
3
PERJURY IS THE CRIME OF
- WILLFULLY GIVING A FALSE STATEMENT
- WITH THE SPECIFIC INTENT TO LIE UNDER OATH
- IN A JUDICIAL PROCEEDING.
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
2
PERMANENT SEPARATION OCCURS WHEN
- COUPLE PHYSICALLY SEPARATES
- AND AT LEAST ONE OF THE SPOUSES INTENDS FOR SEPARATION TO BE PERMANENT
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
2
PERMISSIVE INTERVENTION IS ALLOWED AT
- THE COURT’S DISCRETION
- WHERE INTERVENOR HAS A CLAIM OR DEFENSE COMMON TO THE INSTANT CASE
1
PERMISSIVE WASTE
- PROPERTY IS POORLY OR NOT MAINTAINED
2
PERMISSIVE WITHDRAWAL BASED ON FINANCIAL BURDEN ONCE THE CASE IS IN LITIGATION
- WHERE AN UNREASONABLE FINANCIAL BURDEN EXISTS
- ONCE COURT APPROVAL IS GIVEN
4
PERMISSIVE WITHDRAWAL TRIGGERS
- MENTAL OR PHYSICAL CONDITION MAKES REPRESENTATION DIFFICULT
- CLIENT FREELY AGREES TO TERMINATION
- CLIENT WANTS UNETHICAL OR MORALLY REPUGNANT COURSE OF ACTION THAT ATTORNEY DISAGREES WITH
- CLIENT MAKES REPRESENTATION UNREASONABLY DIFFICULT TO CONTINUE
1
PERSONAL JURISDICTION
- JURISDICTION OVER THE PARTIES INVOLVED IN THE CASE
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.
2
REQUIREMENT OF PERSONAL SATISFACTION WHERE NOT AN EXPRESS MATERIAL CONDITION OF THE CONTRACT
- COURTS GENERALLY HOLD PERSONAL SATISFACTION PROMISES TO BE COVENANTS TO PERFORM IN A MANNER SATIFSACTORY TO THE REASONABLE PERSON
- UNLESS THE SERVICE TO BE RENDERED IS ONE HIGHLY SUBJECT TO PERSONAL TASTE.
2
PERSONAL SERVICE ELEMENTS
- OCCURS WHEN PERSONAL DELIVERY IS MADE TO DEFENDANT
- PERSONAL SERVICE IS ALWAYS ADEQUATE SERVICE.
1
PRETERMITTED HEIR
- CHILD BORN AFTER EXECUTION OF WILL
2
PIERCING THE CORPORATE VEIL CAUSES- ALTER EGO
- CORPORATE FORMALITIES IGNORED
- PERSONAL FUNDS COMMINGLED
1
PIERCING THE CORPORATE VEIL - ESTOPPEL
- DIRECTOR/OFFICER MADE A REPRESENTATION OF PERSONAL LIABILITY FOR CORPORATE DEBTS
2
PIERCING THE CORPORATE VEIL CAUSES - FRAUD - CORP WAS FORMED
- TO COMMIT FRAUD
- TO SHIELD SHAREHOLDERS FROM EXISTING OBLIGATIONS
2
PIERCING THE CORPORATE VEIL CAUSES - UNDERCAPITALIZATION
- SHAREHOLDERS INVESTMENT AT TIME OF FORMATION
- INSUFFICIENT TO COVER FORESEEABLE LIABILITIES
4
UNDER THE PINKERTON RULE, EACH MEMBER OF A CONSPIRACY IS
- VICARIOUSLY LIABLE
- FOR THE CRIMINAL ACTS OF CO-CONSPIRATORS
- WHERE THOSE ACTS WERE REASONABLY FORESEEABLE
- AND DONE IN FURTHERANCE OF THE CRIMINAL OBJECTIVE.
1
PLAINTIFF DEMAND FOR JURY TRIAL IN FEDERAL CASE MUST BE MADE NO LATER THAN
- 14 DAYS AFTER SERVICE OF LAST PLEADING RAISING A TRIABLE ISSUE OF FACT.
2
POLICE CUSTODY OCCURS WHEN
- WHEN A IN THE PRESENCE OF A POLICE OFFICER
- AND REASONABLE PERSON WOULD NOT FEEL FREE TO LEAVE.
1
POLICE MUST DO THIS BEFORE ENTERING PREMISES WITH A SEARCH WARRANT
- KNOCK AND ANNOUNCE
1
POSSIBLITY OF REVERTER - FUTURE INTEREST CONVEYED BY
- FEE SIMPLE DETERMINABLE
5
POTENTIAL LIMITATIONS ON CONTRACT DAMAGES
- CAUSATION
- FORESEEABILITY
- CERTAINTY
- UNAVOIDABLE
- LIQUIDATED DAMAGES CLAUSE
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
POUR OVER WILL - TESTATOR CREATES BY
- CREATING INTER VIVOS TRUST
- INCORPORATES TRUST INTO WILL BY REFERENCE, INDEPENDENT SIGNATURE OR STATUTE
3
POUR OVER WILL - VALIDITY REQUIREMENTS
- WILL IDENTIFIES INTER VIVOS TRUST
- TERMS OF INTER VIVOS TRUST ARE SET FORTH IN INSTRUMENT BESIDES WILL
- INTER VIVOS TRUST WAS EXECUTED CONCURRENTLY OR BEFORE WILL EXECUTION
1
POUR OVER WILL VALUE LIMIT IN CALIFORNIA
- 100,000
2
PRE-INCORPORATION PROMOTER DUTIES
- DUTY OF GOOD FAITH
- DUTY OF NO SECRET DEALINGS FOR PERSONAL PROFIT
2
HOW LONG DOES A PRE-INCORPORATION PROMOTER STAY PERSONALLY LIABLE
FOR PRE-INC DEBT
- UNTIL NOVATION
- OR CLEAR EVIDENCE PARTIES DIDN’T INTEND PERSONAL LAIBLITY
2
REMEDY THEORIES TO USE WHEN SEEKING DAMAGES FOR REASONABLE RELIANCE ON REEPRESENTATION OF PRE-INCORPORATION PROMOTER
- QUASI-CONTRACT
- PROMOTER’S IMPLIED ADOPTION OF CONTRACT
2
PREDISPOSED DEFENDANT’S ABLITY TO RAISE DEFENSE OF ENTRAPMENT - JURISDICTIONAL SPLIT
- IN SOME JURISDICTIONS, A DEFENDANT PREDISPOSED TO COMMIT THE CRIME CHARGED CANNOT CLAIM THE DEFENSE OF ENTRAPMENT
- OTHER JURISDICTIONS ALLLOW A PREDISPOSED DEFENDANT TO USE DEFENSE OF ENTRAPMENT WHERE POLICE CONDUCT WAS OUTRAGEOUS AND INSTIGATED THE CRIME.
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
4
PREJUDICIAL MISCONDUCT GIVING RISE TO GROUNDS FOR MOTION FOR NEW TRIAL MAY BE COMMITTED BY
- PARTY TO CASE
- ATTORNEY
- JUROR
- THIRD PARTY
3
PRELIMINARY INJUNCTION REQUIRES A SHOWING OF
- NEED OF MAINTAINING STATUS QUO PRIOR TO TRIAL
- BALANCING OF HARDSHIPS IN FAVOR OF GRANTING INJUNCTION
- LIKELIHOOD OF SUCCESS OF MERITS ON UNDERLYING CLAIM
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
2
PREMARITAL AGREEMENTS - CONTRACT LAW REQUIREMENTS
- AGREEMENT MUST BE SIGNED BY BOTH PARTIES
- NO CONSIDERATION IS REQUIRED
1
PREMARITAL AGREEMENTS AND CHILD SUPPORT
- CHILD SUPPORT CANNOT BE WAIVED BY PREMARITAL AGREEMENT
7
PREMARITAL AGREEMENTS DEEMED INVOLUNTARY UNLESS
- SPOUSE TO BE HAD CAPACITY
- NO DURESS
- NO FRAUD
- NO UNDUE INFLUENCE
- PRESENTED WITH AGREEMENT AT LEAST SEVEN DAYS BEFORE SIGNING
- ADVISED TO SEEK INDEPENDENT COUNSEL
- WAIVED INDEPENDENT COUNSEL IN SEPARATE WRITING
7
PREMARITAL AGREEMENTS DEEMED INVOLUNTARY UNLESS
- HAD CAPACITY
- NO DURESS
- NO FRAUD
- NO UNDUE INFLUENCE
- PRESENTED WITH AGREEMENT AT LEAST SEVEN DAYS BEFORE SIGNING
- ADVISED TO SEEK INDEPENDENT COUNSEL
- WAIVED INDEPENDENT COUNSEL IN SEPARATE WRITING
1
THE PRESENT COVENANTS CONTAINED IN WARRANTY DEEDS ARE BREACHED AT THE TIME
- THE DEED IS DELIVERED
4
PRESENT RECOLLECTION REFRESHED
- WITNESS HAS INCOMPLETE RECOLLECTION
- LEADING QUESTION OR WRITING
- WITNESS REVIEWS WRITING AND RETURNS TO COUNSEL
- WITNESS TESTIFIES AS TO PRESENT RECOLLECTION
2
PRESENT SENSE IMPRESSION EXCEPTION
- STATEMENT MADE DESCRIBING OR EXPLAINING EVENT OR CONDITION
- MADE WHILE DECLARANT WAS PERCEIVING EVENT OR CONDITION, OR IMMEDIATELY THEREAFTER.
1
PRESUMPTION OF FRAUD OR UNDUE INFLUENCE BY BENEFICIARY OF DONATIVE TRANSFER REBUTTABLE WHERE
- CLEAR AND CONVINCING EVIDENCE
1
PRIMARY RIGHTS THEORY - CA
- SEPARATE CAUSE OF ACTION FOR EACH OF PRIMARY RIGHT.
2
AT COMMON LAW, PRINCIPAL IN THE SECOND DEGREE IS A PARTY WHO
- HELPS THE PRINCIPAL COMMIT THE CRIME
- IS PRESENT DURING THE COMMISSION OF THE CRIME
3
PRINCIPAL IS LIABILE FOR ACTS OF INDEPENDENT CONTRACTORS WHERE
- ULTRAHAZARDOUS ACTIVITY
- NONDELEGABLE DUTIES
- PRINCIPAL HELD INDEPENDENT CONTRACTOR OUT AS AN AGENT (ESTOPPEL)
1
PRINCIPAL’S LIABILITY FOR AGENT’S TORTS
- WHERE TORTS COMMITTED IN SCOPE OF PRINCIPAL-AGENT RELATIONSHIP
3
PRIOR CONSISTENT STATEMENT AND HEARSAY
- NOT HEARSAY WHERE CONSISTENT STATEMENT OFFERED TO REBUT A CHARGE OF RECENT FABRICATION
- MUST BE MADE BEFORE MOTIVE TO LIE CAME INTO BEING
- STATEMENT DOES NOT NEED TO HAVE BEEN MADE UNDER OATH
4
PRIORITY OF DISTRIBUTION OF LIMITED PARTNERSHIP ASSETS UPON DISSOLUTION
- CREDITORS
- DISTRIBUTIONS OWED
- CAPITAL CONTRIBUTIONS
- SHARES ALLOCATED PARTNERS AS PER PARTNERSHIP AGREEMENT
4
PRIORITY OF DIVIDEND DISTRIBUTION
- PREFERRED WITH DIVIDEND PREFERENCE
- PREFERRED AND PARTICIPATING
- PREFERRED AND CUMULATIVE
- COMMON STOCK
2
PRIORITY OF LIENS AGAINST PROPERTY
- USUALLY IN CHRONOLOGICAL ORDER
- PURCHASE MONEY MORTGAGE GETS FIRST PRIORITY
2
PRIORITY OF PLAINTIFF IN TAKING PROPERTY THROUGH CONSTRUCTIVE TRUST OR EQUITABLE LIEN
- BFP W/OUT NOTICE TAKES OVER PLAINTIFF
- PLAINTIFF TAKES OVER UNSECURED CREDITORS
5
PRISONERS HAVE A RIGHT TO ACCESS TO
- LEGAL COUNSEL
- COURTS
- PRESS
- MEDICAL CARE
- HEARING FOR DENIAL OF PAROLE
2
PRIVATE ACTOR IMPLICATES STATE ACTION WHERE
- PERFORMING TRADITIONALLY PUBLIC FUNCTION
- STATE ENTANGLED ITSELF IN PRIVATE ACTIVITY
1
PRIVATE CITIZEN’S RESIDENCE FOR VENUE IS ESTABLISHED BY
- CITIZEN’S DOMICILE
2
A DEFENDANT MAY RAISE THE DEFENSE OF PRIVATE NECESSITY WHERE HE ACTED TO PROTECT HIS OWN PROPERTY WHERE
- HE ACTED REASONABLY
- BUT WILL BE LIABLE FOR ALL DAMAGE CAUSED
2
PROBABLE CAUSE FOR A SEARCH WARRANT IS
- MORE PROBABLE THAN NOT
- INDICIA OF CRIMINAL ACTIVITY WILL BE AT PREMISES
3
PROBABLE CAUSE IS CAUSE
- SUFFICIENT TO ALLOW A REASONABLE PERSON TO BELIEVE
- THAT THE DEFENDANT HAD COMMITTED
- OR WAS IN THE PROCESS OF COMMITTING A CRIMINAL OFFENSE.
3
PROCEDURAL DUE PROCESS - UNDER THE FIFTH AMENDMENT, THE GOVERNMENT MUST PROVIDE
- FAIR PROCESS/PROCEDURE
- BEFORE IT DEPRIVES A CITIZEN
- LIFE, LIBERTY OR A PROPERTY INTEREST
3
PROCEDURAL DUE PROCESS - DEPRIVATION OF LIBERTY OCCURS WHERE GOVERNMENT ACTION
- RECKLESSLY OR INTENTIONALLY CAUSED
- LOSS OF SIGNIFICANT FREEDOM
- SECURED BY CONSTITUTION OR STATUTE
3
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
- EXISTING SAFEGUARDS
- IMPORTANCE OF INTEREST TO GOVERNMENT AND BURDEN PROCESS WILL CREATE.
4
PROCEDURAL DUE PROCESS - FAIR PROCESS FOR JUDICIAL MATTERS INCLUDES A RIGHT TO
- HEARING
- COUNSEL
- FAIR TRIAL
- APPEAL
3
PROCEDURAL DUE PROCESS MINIMALLY REQUIRES THAT THE GOVERNMENT PROVIDE THE FOLLOWING BEFORE DEPRIVING AN INDIVIDUAL OF LIFE, LIBERTY OR PROPERTY
- NOTICE
- OPPORTUNITY TO BE HEARD
- BEFORE A NEUTRAL DECISION MAKER
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
1
PROFIT
- ENTITLES OWNER TO GO ON SERVIENT ESTATE AND REMOVE A PRODUCT OF THE LAND ITSELF.
1
PROOF REQUIREMENT FOR DEFAMATORY STATEMENT ABOUT A MATTER OF PUBLIC CONCERN/PRIVATE INDIVIDUAL
- DEFENDANT FAILED TO USE REASONABLE CARE TO ASCERTAIN THE TRUTH OF THE STATEMENT
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
3
PROP. 8 FOR CRIMINAL COURTS
- ALL RELEVANT EVIDENCE IS ADMISSIBLE
- EVEN WHERE INADMISSIBLE UNDER CEC
- SUBJECT TO EXEMPTIONS
2
PROPER VENUE BASED ON WHERE DEFENDANT RESIDES - CALIFORNIA
- ANY COUNTY WHERE DEFENDANT RESIDES AT THE TIME OF FILING
- IF NO DEFENDANT RESIDES IN CALIFORNIA, ANY COUNTY IS OK.
1
PROPERTY ACQUIRED POST SEPARATION IS TREATED AS
- SEPARATE PROPERTY
2
PROPERTY RIGHT REQUIREMENT FOR PERMANENT INJUNCTION
- AT COMMON LAW, PROPERTY REQUIRED
- MODERNLY, IN CA, ANY RIGHT IS SUFFICIENT
4
WILL CONTRACTS - METHODS OF PROVING VALIDITY OF CONTRACT
- PROVISION IN WILL STATES MATERIAL PROVISIONS OF CONTRACT OR
- EXPRESS REFERENCE IN WILL OR OTHER INSTRUMENT TO A CONTRACT W/EXTRINSIC EVIDENCE PROVING TERMS OR
- WRITING SIGNED BY DECEDENT EVIDENCING CONTRACT OR
- CLEAR AND CONVINCING EVIDENCE OF AGREEMENT ENFORCEABLE AT EQUITY
2
THESE TWO FORMS OF DEFAMATION DO NOT REQUIRE PROOF OF SPECIAL DAMAGES
- LIBEL
- OR SLANDER PER SE
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.
1
PUBLIC DISCLOSURE OF PRIVATE FACTS - LIABILITY ARISES WHERE
- DEFENDANT DISCLOSES PRIVATE FACTS ABOUT THE PLAINTIIFF THAT A REASONABLE PERSON WOULD FIND EMBARASSING.
2
PUBLIC NECESSITY TO PROTECT PROPERTY OF OTHERS CREATES
- ABSOLUTE PRIVILEGE
- FOR REASONABLE ACTS
2
PUBLIC NUSIANCE - LIABILITY ARISES WHERE DEFENDANT
- CREATES UNREASONABLE INTERFERENCE
- THAT PARTICULARLY INJURES PLAINTIFF’S USE AND ENJOYMENT OF PUBLIC RESOURCES
5
PUBLIC POLICY EXCLUSIONS TO LEGAL RELEVANCE
- EVIDENCE OF LIABILITY INSURANCE
- SUBSEQUENT REMEDIAL MESAURES
- SETTLEMENT OFFERS
- GUILTY PLEAS WITHDRAWN
- OFFERS TO PAY MEDICAL EXPENSES
1
PUBLIC RECORDS EXCEPTION BETWEEN FRE AND CEC
- PROSECUTION MAY USE RECORDS OF CRIMINAL INVESTIGATION
3
PUBLIC RECORDS EXCEPTION APPLY TO - OAF
- OBSERVATIONS OF PUBLIC OFFICIAL
- ACTIVITIES OF OFFICE OR AGENCY
- FACTUAL FINDINGS FROM OFFICIAL INVESTIGATION.
1
PUBLIC RECORDS EXCEPTION AND CRIMINAL INVESTIGATION
- MATTERS OBSERVED BY POLICE OFFICERS AND OHTER LAW ENFORCEMENT ARE NOT ADMISSIBLE UNDER THE PUBLIC RECORDS HEARSAY EXCEPTION.
2
PUBLIC SAFETY EXCEPTION TO MIRANDA
- RESPONSES TO CUSTODIAL INTERROGATION PROMPTED BY REASONABLE CONCERN FOR PUBLIC SAFETY
- ARE NOT INADMISSIBLE UNDER MIRANDA.
2
PUNITIVE DAMAGES
- NOT AWARDED FOR BREACH
- UNLESS RELATED TO AN INDEPENDENT TORT
1
PUNITIVE DAMAGES AND PROPORTIONALITY TO OTHER DAMAGES
- PUNITIVE DAMAGES MUST MAINTAIN RELATIVE PROPORTIONALITY TO OTHER DAMAGE AWARDS
4
PUNITIVE DAMAGES ARE AWARDED WHERE THE COURT FINDS DEFENDANT ACTED WITH
- FRAUD
- OPPRESSION
- MALICE
- GROSS NEGLIGENCE
3
PUNITIVE DAMAGES ONLY AWARDED WHERE DEFENDANT ACTED WITH
- MALICE
- OPPRESSION
- OR FRAUD
1
PUNITIVE DAMAGES WILL ONLY BE AWARDED WHERE
- OTHER DAMAGES ARE ALSO AWARDED
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
4
PURCHASE MONEY RESULTING TRUST ELEMENTS
- BENEFICIARY PAYS CONSIDERATION FOR PROPERTY
- TITLE IS TAKEN IN THE NAME OF THIRD PARTY
- THIRD PARTY BECOMES TRUSTEE
- OF PROPRERTY NOW CONSIDERED TO BE IN PURCHASE MONEY RESULTING TRUST
1
PURCHASING A TICKET CREATES THIS CONTRACTUAL RIGHT
- A LICENSE
2
PURE ECONOMIC LOSS IN TORT RECOVERY
- NOT USUALLLY RECOVERABLE ABSENT A SHOWING OF PROPERTY LOSS OR PERSONAL INJURY
- UNLESS TORT OF INTENTIONAL INTERFERENCE WITH BUSINESS RELATIONS
3
EXCLUSIONARY RULE - PURGED TAINT EXCEPTION WILL APPLY WHERE THERE ARE
- TOO MANY INTERVENING FACTORS
- BETWEEN ORIGINAL ILLEGALITY
- AND THE FINAL DISCOVERY OF EVIDENCE
- MAKING LINK BETWEEN THE ORIGINAL ILLEGALITY AND THE DISCOVERY OF EVIDENCE TOO TENUOUS.
2
PUTATIVE SPOUSES OCCUR WHEN
- MARRIAGE IS VOID OR INVALID
- BUT ONE OR BOTH SPOUSES HAVE A GOOD FAITH BELIEF THAT MARRIAGE WAS VALID
1
QUANTUM MERUIT IS THIS TYPE OF CONTRACT
- IMPLIED-IN-FACT
2
QUASI-COMMUNITY PROPERTY
- PROPERTY ACQUIRED BY SPOUSE WHILE DOMICILED ELSEWHERE
- WHICH WOULD HAVE BEEN CP IF ACQUIRED WHILE DOMICILED IN CA
3
QUASI-CONTRACT OR IMPLIED-IN-LAW-CONTRACT
- NO LEGAL CONTRACT EXISTED
- DEFENDANT DERIVED A BENEFIT FROM PLAINTIFF
- JUSTICE DEMANDS DEFENDANT COMPENSATE PLAINTIFF FOR BENEFIT
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
3
QUASI-CONTRACT SCENARIOS
- NO ATTEMPT TO CONTRACT
- UNENFORCEABLE CONTRACT
- BREACHED CONTRACT
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
QUITCLAIM DEED
- CONVEYS WHATEVER INTEREST GRANTOR ACTUALLY HAS IN TITLE
- CONTAINS NO COVENANTS OF TITLE
1
QUORUM OF SHAREHOLDERS
- MAJORITY PERCENTAGE OF OUTSTANDING SHARES REPRESENTED
2
QUORUM OF BOARD OF DIRECTORS - A QUORUM IS A
- MAJORITY OF THE BOARD
- WHO DOES NOT HAVE INTEREST IN ACTION
1
RACE STATUTE
- FIRST TO RECORD WINS
1
RACE-NOTICE STATUTE
- SUBSEQUENT BFP THAT RECORDS FIRST PREVAILS OVER GRANTEE THAT DIDN’T RECORD FIRST
2
RANDOM AUTOMOBILE STOPS ARE OK IF
- STOP IS BASED ON NEUTRAL STANDARD
- STOPS ARE RELATED TO REASONABLE SUSPICION RELATED TO VEHICLE SAFETY
1
RAPE SHIELD - CEC- DEFENDANT MAY ONLY USE INSTANCES OF PLAINTIFF’S FORMER SEXUAL CONDUCT TO PROVE
- PRIOR INSTANCES OF SEXUAL CONTACT WITH DEFENDANT
1
RAPE SHIELD - FRE - CIVIL CASE - EVIDENCE RE PLAINTIFF’S REPUTATION MAY ONLY BE ADMITTED WHERE
- PLAINTIFF PUTS IT AT ISSUE
1
RAPE SHIELD - FRE - CIVIL CASE - REPUTATION, SPECIFIC ACTS AND OPININON ARE ONLY ADMISSIBLE WHERE
- PROBATIVE VALUE OUTWEIGHS PREJUDICE
2
RATIFICATION
- THE ACT OF AFFIRMING A PREVIOUSLY VOIDABLE CONTRACT
- MAKING IT ENFORCEABLE AT LAW AGAINST RATIFYING PARTY.
4
STEPS FOR PRINCIPAL RATIFYING
AGENT’S UNAUTHORIZED ACTS - PRINCIPAL
- HAS CAPACITY
- HAS KNOWLEDGE OF ACTS
- ENGAGES IN CONDUCT APPROVING ACTS
- OR ACCEPTS THE TRANSACTION
2
REAL COVENANT -
WHERE BFP FOR VALUE HAS NO NOTICE, HE WILL NOT BE
- BOUND BY A REAL COVENANT
- BURDENING THE LAND
1
REAL COVENANT - HORIZONTAL PRIVITY REQUIREMETN
- THE ORIGINAL COVENANTING PARTIES SHARED AN INTEREST IN THE LAND INDEPENDENT OF THE COVENANT.
1
REAL COVENANT - INTENT REQUIREMENT
- ORIGINAL CONVENANTING PARTIES MUST HAVE INTENDED SUCCESSORS-IN-INTEREST TO BE BOUND BY THE COVENANT.
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.
3
REAL COVENANT - REQUIREMENTS FOR A BENEFIT TO RUN WITH THE LAND
- INTENT
- TOUCH AND CONCERN
- VERTICAL PRIVITY
5
REAL COVENANT - REQUIREMENTS FOR THE BURDEN TO RUN WITH THE LAND
- NOTICE
- INTENT
- TOUCH AND CONCERNS
- VERTICAL PRIVITY
- HORIZONTAL PRIVITY
1
REAL COVENANT - TOUCH AND CONCERN REQUIREMENT - THE COVENANT MUST
- DIRECTLY RELATE TO THE USE AND ENJOYMENT OF THE LAND.
1
REAL COVENANT - VERTICAL PRIVITY REQUIREMENT
- SUCCESSOR IN INTEREST MUST OWN THE ENTIRE ESTATE OWNED BY THE ORIGINAL COVENANTING PARTY.
1
REAL COVENANT DEFINITION
- WRITTEN CONTRACT PROMISE CONCERNING USE OF AND ENJOYMENT OF PROPERTY
2
REAL EVIDENCE MAY BE AUTHENTICATED BY
- DISTINCTIVE CHARACTERISTICS
- CHAIN OF CUSTODY
2
REASONABILITY REQUIREMENT FOR DEFENSE OF NECESSITY PRIVILEGE TO EXIST
- VALUE OF PROPERTY DEFENDED MUST OUTWEIGH
- VALUE OF DAMAGE CAUSED BY DEFENSE
2
REASONABLE PERSON STANDARD FOR FINDING CONTRACTUAL INTENT
- WHERE A REASONABLE PERSON WOULD CONCLUDE A WILLINGNESS TO ENTER A BARGAIN FROM THE PARTIES’ WORDS AND ACTIONS
- SUFFICIENT INTENT TO ENTER A CONTRACT WILL BE FOUND
4
EQUITY - REASONS FOR REMEDY INADEQUATE AT LAW
- INSOLVENT DEFENDANT
- REPLEVIN CAN’T WORK BECAUSE PROPERTY SOLD
- PROPERTY IS UNIQUE
- MONEY DAMAGES TOO SPECULATIVE
3
RECAPTURE OF CHATTELS, DEFENDANT MAY ENTER WRONGDOER’S LAND
- AFTER MAKING REASONABLE DEMAND FOR RETURN
- MAKE ENTRY IN REASONABLE MANNER
- AT REASONABLE TIME
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
RECKLESSNESS
- RECKLESSNESS IS A DELIBERATE ACT THAT CREATES EXTREME RISK TO OTHERS
- GROSSLY DEVIATING FROM THE AMOUNT OF RISK A REASONABLE PERSON WOULD CREATE IN A SIMILAR SITUATION.
2
RECOGNIZING MARRIAGES FROM OTHER JURISDICTIONS
- CA WILL RECOGNIZE MARRIAGE
- WHERE MARRIAGE IS VALID IN THE JURISDICTION OF ORIGIN
1
RECORD/CONSTRUCTIVE NOTICE OF TRANSACTION
- PRIOR INTEREST WAS PROPERLY RECORED WITHIN CHAIN OF TITLE
4
RECORDED RECOLLECTION EXCEPTION
- RECORD CONTAINS MATTERS ABOUT WHICH WITNESS ONCE HAD FIRST HAND KNOWLEDGE
- MADE WHEN MATTER STILL FRESH IN WITNESS’ MEMORY
- WITNESS TESTIFIES MEMORY IS NOW INSUFFICIENT
- BUT RECORD IS ACCURATE
3
TYPES OF RECORDING ACTS
- NOTICE STATUTE
- RACE STATUTE
- RACE-NOTICE STATUTE
4
RECORDING STATUTES PARAGRAPH
- AT COMMON LAW, WHEN GRANTOR CONVEYED PROPERTY TWICE,
- GRANTEE FIRST IN TIME USUALLY PREVAILED.
- MODERNLY, RECORDING ACTS CHANGE THAT OUTCOME
- IN SOME CIRCUMSTANCES.
2
RECORDS OF RELIGIOUS ORGANIZATIONS HEARSAY EXCEPTION
- REGULARLY KEPT RECORDS OF RELIGIOUS ORGANIZATIONS
- WITH FACTS OF PERSONAL OR FAMILY HISTORY
3
RECORDS OF VITAL STATISTICS EXCEPTION
- RECORDS OF DEATHS, BIRTHS AND MARRIAGES NON HEARSAY
- WHERE REPORT MADE TO PUBLIC OFFICE
- IN ACCORDANCE WITH REQUIREMENTS OF LAW
3
RECOVERY OF SPECIAL DAMAGES FOR CONVERSION TORT
- CIRCUMSTANCES SHOW THAT A MEASURE BEYOND VALUE IS APPROPRIATE
- FORESEEABLE SPECIAL HARM COULD RESULT FROM CONVERSION
- HARM WAS UNAVOIDABLE BY PLAINTIFF
2
RECOVERY OF UNPAID FEES
- MAY RECOVER FEES WHERE FIRED BY CLIENT
- MAY NOT RECOVER FEES WITH WITHDRAWN
3
RESULT OF CONTRACT REFORMATION
- COURT REWRITES CONTRACT
- TO REFLECT PARTIES’ INTENT
- BECAUSE THE ORIGINAL CONTRACT DID NOT DO SO.
1
REGISTERED DOMESTIC PARTNERSHIPS
- REGISTERED DOMESTIC PARTNERS ARE AFFORDED SAME RIGHTS AND PROTECTIONS AS MARRIED PARTNERS
1
REGISTERED DOMESTIC PARTNERSHIPS
- REGISTERED DOMESTIC PARTNERS ARE AFFORDED SAME RIGHTS AND PROTECTIONS AS MARRIED PARTNERS
4
REIMBURSEMENT RIGHTS FOR SPOUSE A’S CONTRIBUTIONS OF SEPARATE PROPERTY TO SPOUSE B’S SEPARATE PROPERTY
- WHERE TRACEABLE
- WITHOUT INTEREST
- UNLESS WRITTEN WAIVER OF REIMBURSEMENT
- OR WRITTEN TRANSMUTATION
3
REIMBURSEMENT RIGHTS OF SEPARATE ESTATE FOR CONTRIBUTIONS TO COMMUNITY ESTATE
- WITHOUT INTEREST
- WHERE FUNDS TRACEABLE
- ONLY FOR DIP
3
REIMBURSEMENT RIGHTS OF SEPARATE ESTATE FOR CONTRIBUTIONS TO COMMUNITY ESTATE
- WITHOUT INTEREST
- WHERE FUNDS TRACEABLE
- ONLY FOR DIP
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.
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
4
RELATION BACK DOCTRINE - AMENDMENT TO ADD CAUSE OF ACTION TO EXISTING DEFENDANT IN FEDERAL COURT WHERE
- ORIGINAL COMPLAINT TIMELY FILED
- ARISES OUT OF SAME TRANSACTION OR OCCURRENCE
- COURT LEAVE IS GRANTED
- COURT SHOULD FREELY GRANT LEAVE WHEN JUSTICE SO REQUIRES
2
RELATION BACK DOCTRINE - AMENDMENT OF CLAIM TO INCLUDE PARTY ALLOWED WHERE
- must concern the same conduct, transaction, or occurrence,
- Plaintiff mistakenly sued the incorrect party
- The new party knew or should have known a claim would have been made against them.
- party receives notice within 90 days of filing of original complaint so as not to be prejudiced
5
EVIDENCE IS LOGICALLY RELEVANT WHERE IT HAS
- ANY TENDENCY
- TO MAKE A MATERIAL FACT OF CONSEQUENCE
- MORE OR LESS PROBABLE
- THAN IT WOULD BE
- WITHOUT THE EVIDENCE
2
RELIANCE DAMAGES AWARD PLAINTIFF THE COST
- OF HIS PERFORMANCE
1
RELIANCE DAMAGES SEEK TO RETURN THE PLAITNIFF TO THE POSITION HE WAS IN
- BEFORE THE CONTRACT WAS MADE.
2
RELIANCE DAMAGES AWARD PLAINTIFF THE COST
- OF HIS PERFORMANCE
4
REMAINDER ELEMENTS
- FUTURE INTEREST HELD BY A THIRD PARTY
- BECOMES POSSESSORY AT EXPIRATION OF A PRIOR POSESSORY ESTATE
- CANNOT DIVEST PRESENT INTEREST HOLDER OF POSSESSORY RIGHTS.
- NEVER FOLLOWS A DEFEASIBLE FEE.
2
REMAINDER INTEREST (TRUSTS)
- A FUTURE INTEREST
- IN THE PROPERTY LEFT IN TRUST AFTER DEVISES ARE GIVEN TO THE INTENDED BENEFICIARIES
2
REMAND TIMING REQUIREMENTS
- PLAINTIFF MUST FILE W/IN 30 DAYS OF NOTICE OF REMOVAL FOR A DEFECT BESIDE NO SMJ
- FOR SMJ DEFECT, REMAND IS OK AT ANY TIME
2
REMEDIES FOR ACTUAL PARTIAL EVICTION
- TENANT MAY WITHHOLD ENTIRE RENT
- TENANT DOES NOT HAVE TO MOVE OUT
2
REMEDIES FOR AMELIORATIVE WASTE CAUSED BY LIFE TENANT
- NO DAMAGES BECAUSE NO DIMINUTION IN VALUE
- INJUNCTION MAY BE GRANTED
3
AGENT’S REMEDIES FOR PRINCIPAL’S BREACH
- TERMINATE AGENCY RELATIONSHIP
- CONTRACT DAMAGES FOR BREACH
- POSSESSORY LIEN FOR MONEY DUE
2
REMEDIES FOR BREACH OF LAND SALE CONTRACT
- DAMAGES
- SPECIFIC PERFORMANCE (MORE COMMON)
3
REMEDIES FOR ENCROACHMENT
- DAMAGES
- EJECTMENT
- INJUNCTION
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
1
REMEDY FOR BREACH OF REAL COVENANT
- MONETARY DAMAGES
3
REMEDY FOR MISUSE OF EASEMENT
- INJUNCTION
- DAMAGES
- NOT REMOVAL OF EASEMENT
1
REMEDY FOR SUBAGENT’S BREACH
- AGENT IS LIABLE TO PRINCIPAL FOR SUBAGENT’S BREACH
2
REMEDY FOR
USURPING BUSINESS OPPORTUNITY FROM CORPORATION
- COMPELLED TURNOVER OF BUSINESS OPPORTUNITY TO CORPORATION
- DISGORGEMENT OF PROFITS GAINED FROM USURPRING OPPORTUNITY (TO CORP)
2
REMEDY FOR VIOLATING 10b-5 (INSIDER TRADING)
- DIFFERENCE BETWEEN PROCEEDS AND HONEST TRADE
- MUST BE DISGORGED TO CORPORATION
3
REMEDY FOR VOLUNTARY WASTE
- DIMINUTION IN VALUE
- COST OF REPAIR
- AND/OR INJUNCTION
1
REMEDY OF A NONBREACHING LOST VOLUME SELLER UNDER THE UCC
- THE LOST VOLUME SELLER MAY DEMAND THE EXPECTED SALES AND PROFIT UNDER THE CONTRACT.
1
REMEDY OF NON-BREACHING LOST VOLUME SELLER
- DEMAND THE EXPECTED PROFIT OF THE CONTRACT
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
6
REMEDY OPTIONS FOR BREACH OF TRUST
- DAMAGES
- CONSTRUCTIVE TRUST
- TRACING AND EQUITABLE LIEN
- RATIFY TRANSACTION AND WAIVE BREACH
- SUE FOR RESULTING LOSS
- REMOVE TRUSTEE
2
REMITTUR ELEMENTS
- JUDGE FINDS DAMAGE AWARD EXCESSIVE
- ORDERS NEW TRIAL FOR DEFENDANT UNLESS PLAINTIFF ACCEPTS REDUCED DAMAGE AWARD.
2
REMOVAL JURISIDICTION
- DEFENDANT’S RIGHT
- TO REMOVE CASE FROM STATE COURT TO FEDERAL COURT
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
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
1
REPLEVIN
- RECOVERY, BEFORE TRIAL, OF A SPECIFIC CHATTEL WRONGLY TAKEN
1
REPRESENTATION OF A CLIENT IN AN ACTION AGAINST A FORMER CLIENT IS OK WHERE
- NO MATTERS IN PRESENT CASE ARE RELEVANT TO PREVIOUS CASE
3
REPUTATION CONCERNING BOUNDARIES EXCEPTION
- COMMUNITY REPUTATION ABOUT BOUNDARIES
- OR CUSTOMS AFFECTING LANDS
- OR EVENTS OF GENERAL HISTORY IMPORTANT TO COMMUNITY.
1
REPUTATION CONCERNING CHARACTER - HEARSAY EXCEPTION
- REPUTATION AMONG THE COMMUNITY CONCERNING A PERSON’S CHARACTER.
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
4
REQUIRED ANSWER RESPONSES TO FEDERAL COMPLAINT ALLEGATIONS - DEFENDANT MUST EITHER
- DENY
- ADMIT
- STATE LACK OF INFORMATION TO DENY OR ADMIT
- ASSERT ANY AFFIRMATIVE DEFENSES
1
REQUIREMENT FOR CRIMINAL MAKING MALPRACTICE CLAIM
- CRIMINAL MUST HAVE COLORABLE CLAIM OF INNOCENCE
2
REQUIREMENT FOR LAWYERS WITH BUSINESS INTERESTS ADVERSE TO CLIENT
- ADVISE CLIENT TO SEEK INDEPENDENT COUNSEL
- GET WAIVER FROM CLIENT IN WRITING
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
5
REQUIREMENTS FOR A VALID SEARCH WARRANT
- ISSUED BY A NEUTRAL AND DETACHED JUDICIAL OFFICER
- PROBABLE CAUSE
- IDENTIFY AREA TO BE SEARCHED
- IDENTIFY PROPERTY TO BE SEIZED
- LIMITED IN DURATION
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
5
FOR A COURT TO HEAR A CASE - IT MUST
PS VED
- HAVE JURISDICTION OVER THE PARTIES IN THE CASE (PJ)
- HAVE JURISDICTION OVER THE SUBJECT MATTER OF THE CASE (SMJ)
- BE THE PROPER VENUE FOR THE CASE (VENUE)
- APPLY THE PROPER LAW FOR THE CASE (ERIE)
- THE DEFENDANT MUST HAVE NOTICE OF THE CASE (DUE PROCESS)
3
REQUIREMENTS FOR REFORMATION
- VALID CONTRACT MUST EXIST
- GROUNDS MUST EXIST
- NO AVAILABLE DEFENSES
4
REQUIREMENTS FOR RES JUDICATA/CLAIM PRECLUSION
FAPS
- FINAL JUDGMENT ON THE MERITS
- CLAIM WAS ACTUALLY OR COULD HAVE BEEN LITIGATED
- SAME PARTIES OR PRIVIES TO THE LITIGATION
- BOTH CASES ASSERT THE SAME CLAIM
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
REQUIREMENT FOR VOLUNTARY CORPORATE DISSOLUTION
- MAJORITY VOTE APPROVING DISSOLUTION BY DIRECTOR AND SHAREHOLDERS
4
REQUIREMENTS OF DISSENTING SHAREHOLDER TO BE COMPENSATED FOR SHARES
- NOTICE OBJECTION TO CHANGE AND INTENT TO DEMAND PAYMENT
- DELIVER WRITTEN NOTICE
- CANNOT VOTE IN FAVOR OF CHANGE
- DEMAND PAYMENT IN WRITING
2
REQUIREMENTS OF ZEALOUS ADVOCACY W/IN THE BOUNDS OF LAW - LAWYER CANNOT ADVISE A CLIENT TO
- VIOLATE LAW
- FILE A FRIVILOUS LAWSUIT
3
REQUIREMENTS/OUTPUT CONTRACT
- CONTRACT MADE FOR EXCLUSIVE OUTPUT OR REQUIREMENT OF GOODS
- REQUIRES DEMANDS BE REASONABLE PROPORTIONATE WITH PREVIOUS DEMANDS
- INCLUDES IMPLIED MATERIAL CONDITION OF GOOD FAITH EFFORT TO REMAIN IN BUSINESS
3
REQUIREMENTS TO MAKE ADEMPTION BY SATISFACTION (LIFETIME GIFT SATISFYING BEQUEST)
- BENEFICIARY ACKNOWLEDGES RECEIPT OF GIFT IN WRITING
- OR TESTATOR DECLARES MAKING GIFT IN WRITING
- AND WILL PROVIDES FOR DEDUCTION OF GIFT
2
REQUIREMENTS WHEN TWO JOINT CLIENTS ARE IN CONFLICT
- WITHDRAW FROM REPRESENTATION OF BOTH
- REVEAL DISCLOSED PRIVILEGED INFORMATION ONLY IF SUBPOENAED
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.
3
RES IPSA LOQUITUR - BREACH OF DUTY IS INFERRED WHERE
- NEGLIGENCE IS IMPLIED BY THE FACTS
- DEFENDANT HAD EXCLUSIVE CONTROL OF MECHANISM OF PLAINTIFF’S INJURY
- PLAITNIFF HAD NO CONTROL OVER MECHANISM OF HIS INJURY
1
COLLATERAL ESTOPPEL/ISSUE PRECLUSION DEFINITION
- BARS RELITIGATION OF A SPECIFIC ISSUE
1
RES JUDICATA/CLAIM PRECLUSION DEFINITION
- BARS RELITIGATION OF ALREADY LITIGATED CLAIM
3
RECISSION
- PUTS THE PARTIES BACK IN THE POSITION THEY WERE IN BEFORE THE CONTRACT WAS MADE.
- LEGAL RECISSION OCCURS WHEN BOTH PARTIES AGREE TO VOID CONTRACT
- EQUITABLE RECISSION OCCURS WHEN THE COURT DECREES THE CONTRACT CANCELLED
1
RESCISSION
- PUTS PARTIES BACK INTO POSITION THEY WERE IN BEFORE CONTRACT WAS MADE
3
RESCUER DOCTRINE - LIABILITY FOR BREACH MAY ARISE WHERE
- DEFENDANT CREATED IMMINENT PERIL OR APPEARANCE OF IMMINENT PERIL TO SELF OR OTHERS
- REASONABLY RECOGNIZABLE TO THIRD PARTY
- CAUSING PLAINTIFF TO REASONABLY ATTEMPT RESCULE
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
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.
4
RESTRICTIONS ON SELLING CONTROLLING PERCENTAGE OF CORPORATE SHARES - SHARES MUST NOT BE SOLD TO
- LOOTERS
- THOSE WHOSE INTENT TO HARM CORP SHOULD BE KNOWN.
3
RESULTING TRUST ELEMENTS
- IMPLIED-IN-FACT TRUST
- BASED ON PRESUMED INTENT OF PARTIES
- TRANSFERS PROPERTY BACK TO SETTLOR OR ESTATE OR INTESTATE TAKERS
4
RESULTING TRUST TRIGGERS
- TRUST PURPOSE SATISFIED OR ENDS
- CY PRES DOCTRINE CAN’T FIX FAILED CHARITABLE TRUST
- ILLEGAL TRUST
- EXCESS CORPUS IN TRUST
4
REVERSE VAN CAMP FORMULA
- REASONABLE SALARY FOR MANAGER SPOUSE AFTER SEPARATION CALCULATED
- LIVING EXPENSES DEDUCTED
- RESULT IS SEPERATE PROPERTY
- REMAINDER OF BUSINESS VALUE GOES TO COMMUNITY
1
REVERTER
- FUTURE INTEREST HELD BY THE GRANTOR
1
WHERE REVOCATION OF SUBSEQUENT WILL OCCURED BY PHYSICAL ACT - INTENT TO REVIVE PRIOR WILL MAY BE SHOWN BY THIS TYPE OF EVIDENCE
- EXTRINSIC EVIDENCE
3
REVIVAL OF WILL
- A WILL IS REVOKED
- A SUBSEQUENT WILL IS REVOKED
- REVIVAL OF FIRST WILL WHERE CLEAR EVIDENCE OF TESTATOR’S INTENT TO REVIVE.
4
REVLON RULE
- DIRECTORS CONFRONTED WITH TAKEOVER THREATS
- HAVE A DUTY TO MAXIMIZE SHAREHOLDER RETURN
- ONCE IT BECOMES OBVIOUS
- CORPORATE TAKEOVER IS INEVITABLE
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
2
REVOCATION OF WILL BY OPERATION OF LAW - TRIGGERS
- TO ACCOMODATE OMMITTED SPOUSE OR CHILD
- OR REMOVE EX-SPOUSE AFTER DIVORCE OR ANNULLMENT
2
REVOCATION BY OPERATION OF LAW - PRETERMITTED CHILD OR SPOUSE RECEIVES
- INTESTATE SHARE
- WHERE BORN OR MARRIED AFTER WILL MADE
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
ALL OR PART OF WILL BE REVOKED BY A SUBSEQUENT WILL WHERE
- THE SUBSEQUENT WILL EXPRESSLY REVOKES ALL OR PART OF THE PREVIOUS WILL
- THE SUBSEQUENT WILL IMPLIEDLY REVOKES ALL OR PART OF PREVIOUS WILL THROUGH INCONSISTENCIES
2
REVOCATION OF CODICIL CONSEQUENCE FOR WILL AND REVOCATION OF WILL CONSEQUENCE FOR CODICIL
- REVOCATION OF CODICIL REVOKES ONLY THE CODICIL AND THE WILL REMAINS ACTIVE
- REVOCATION OF WILL REVOKES WILL AND CODICIL
3
REVOCATION OF UNILATERAL OFFER
- AT COMMON LAW, A UNILATERAL OFFER COULD BE REVOED AT ANY TIME WHEN MADE IN THE SAME MANNER THE OFFER WAS GIVEN
- MODERNLY, SAVING DOCTRINES PREVENT REVOCATION AFTER OFFEREE HAS SUBSTANTIALLY COMMENCED PERFORMANCE
- ALLOWING A REASONABLE TIME FOR OFFEREE TO COMPLETE PERFORMANCE
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
4
REVOCATION OF WILL - PHYSICAL ACT
- DESTRUCTIVE ACT
- BY TESTATOR
- OR IN TESTATOR’S PRESENCE AT HIS DIRECTION
- WITH INTENT TO REVOKE WILL
1
RIGHT OF REENTRY - FUTURE INTEREST CONVEYED BY
- FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT
3
RIGHT TO ADEQUATE ASSURANCE - WHERE REASONABLE GROUNDS ARISE WITH RESPECT TO THE PERFORMANCE - A PARTY MAY
- DEMAND ADEQUATE ASSURANCE IN WRITING
- SUSPEND PERFORMANCE UNTIL ASSURANCE IS RECEIVED
- REPUDIATE CONTRACT AFTER 30 DAYS OF NO RESPONSE TO DEMAND
2
RIGHTS NOT INCORPORATED BY THE FOURTEENTH AMENDMENT
- SEVENTH AMENDMENT RIGHT TO JURY TRIAL IN CIVIL PROCEEDING
- FIFTH AMENDMENT RIGHT TO INDICTMENT BY GRAND JURY
3
RIGHTS OF GENERAL PARTNERS IN LP’S
- DISTRIBUTIONS BASED ON CONTRIBUTIONS
- CONSENT TO WAIVE OTHER PARTNER’S CONTRIBUTIONS
- RIGHT TO MANAGE
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
RIGHTS OF OFFICERS AND DIRECTORS
- FAIR COMPENSATION DETERMINED BY BOARD
- INDEMNIFICATION FROM EXPENSES INCURRED ON BEHALF OF CORP
- INSPECTION OF RECORDS OR FACILITIES (REASONABLE NOTICE)
4
PARTNERSHIP RIGHTS TO PARTNERSHIP PROPERTY - PROPERTY AQUIRED BY THE PARTNERSHIP
- BELONGS TO THE PARTNERSHIP
- IS NOT CO-OWNED BY PARTNERS
- CANNOT BE TRANSFERRED BY PARTNERS
- CAN ONLY BE USED FOR PARTNERSHIP
1
RINGS GO ON YOUR
FINGERS
1
RIPARIAN RIGHTS - COMMON LAW RULE
- OWNER MAY USE AS MUCH WATER AS HE CAN BUT TO BENEFICIAL USE.
2
RIPARIAN RIGHTS - PRIOR APPROPRIATION DOCTRINE
- OWNER OF RIPARIAN LAND MUST GET A PERMIT TO USE WATER.
- PRIORITY OF WATER USE IS DETERMINED BY CHRONOLOGY OF PERMIT DATE.
1
FEDERAL COURT - RENEWED JUDGMENT AS A MATTER OF LAW - TIMING REQUIREMENT
- RJMOL MUST BE MADE W/IN 28 DAYS AFTER ENTRY OF JUDGMENT.
3
ROBBERY
- ROBBERY IS A SPECIFIC INTENT CRIME
- ACCOMPLISTED WHEN DEFENDANT USES FORCE OR FEAR OF FORCE SUFFICIENT TO OVERCOME VICTIM’S WILL
- TO ACHIEVE A LARCENY.
2
ROUTINE STOP - TRAFFIC CHECKPOINTS ARE OK WHERE THEY ARE
- TESTING FOR COMPLIANCE WITH DRIVING LAWS
- USED FOR SPECIAL LAW ENFORCEMENT NEEDS
1
ROUTINE STOP - PATDOWNS ARE OK IN A STOP AND FRISK WHERE
- SUSPECT APPEARS ARMED AND DANGEROUS
1
ROUTINE STOP - PATDOWNS MAY NOT INCLUDE
- SEARCH FOR CONTRABAND OR EVIDENCE
2
ROUTINE STOP - STOP AND FRISK OK WHERE
- REASONABLE SUSPICION OF CRIMINAL ACTIVITY OR INVOLVEMENT
- SUPPORTED BY ARTICULABLE FACTS
3
RULE 11 - FEDERAL COURT - A PARTY PRESENTING FILING ANY PAPER CERTIFIES/WARRANTS THAT THE FILING
- IS NOT FOR AN IMPROPER PURPOSE
- LEGAL CONTENTS ARE WARRANTED BY EXISTING LAW
- OR CONTAIN AN ARGUEMENT FOR MODIFYING LAW
3
RULE 11 - FEDERAL COURT - FILING PARTY CERTIFIES EVERY PAPER FILED WITH COURT HAS EVIDENTIARY SUPPORT FOR
- ITS CONTENTIONS/ARGUMENTS
- ITS DENIAL OF OTHER PARTY’S CONTENTIONS
- OR REASONABLE BASIS FOR DENIAL BASED ON LACK OF INFORMATION OR BELIEF
2
RULE 11 - FEDERAL COURT PENALTIES FOR VIOLATION - SANCTIONS INCLUDE
- MONETARY PENALTIES
- NONMONETARY DIRECTIVES
2
RULE 11 - THE MATTER OF VIOLATION MAY BE RAISED BY
- THE COURT
- OPPOSING PARTY
2
RULE 19 EVALUATION FACTORS
- REQUIRED JOINDER IF FEASIBLE (19A)
- SHOULD CASE BE DISMISSED IF JOINDER NOT FEASIBLE? (19B)
3
RULE 26 EXPERT WITNESS DISCLOSURE MUST CONTAIN EXPERT’S
- IDENTITY
- QUALIFICATIONS
- WRITTEN REPORT
4
RULE 26 INITIAL DISCLOSURES OF FACT REQUIREMENTS
(PIED)
- IDENTIFIES PARTIES LIKELY TO HAVE INFORMATION ABOUT DISCOVERABLE FACTS
- INSURANCE INFORMATION
- COPIES OR DESCRIPTIONS OF TANGIBLE EVIDENCE
- DAMAGES COMPUTATION AND SUPPORTING DOCUMENTS
3
RULE 26 MANDATORY DISCLOSURES
- INITIAL DISCLOSURES SUPPLYING INFORMATION ABOUT DISPUTED FACTS
- EXPERT WITNESS DISCLOSURES
- PRETRIAL DISCLOSURES
2
RULE 26 PRE-TRIAL DISCLOSURE REQUIREMENTS
- WITNESS LIST
- EXHIBIT LIST
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
3
RULE AGAINST PERPETUTIES APPLIES TO (IN PROPERTY LAW)
- CONTINGENT REMAINDERS
- EXECUTORY INTERESTS
- OPTIONS IN GROSS
1
SARBANES-OXLEY - ENHANCED REPORTING REQUIREMENTS - CORPORATION MUST HAVE AN
- AUDIT BOARD
2
SARBANES-OXLEY - ENHANCED REPORTING REQUIREMENTS - LIABILITY FOR INACCURATE REPORTING OF AUDIT BOARD
- SENIOR EXECS ARE PERSONALLY LIABLE
- CEO AND CFO MUST REIMBURSE CORP FOR ANY INCENTIVE BASED COMPENSATION RECEIVED FOR 12 MONTHS AFTER INACCURATE REPORT FILING
2
SARBANES-OXLEY ACT - THE PCOAB IS
- AN INDEPENDENT BOARD
- OVERSEEING PUBLIC ACCOUNTING FIRMS
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
2
SCOPE OF REPRESENTATION - CLIENT DETERMINES VS. ATTORNEY DETERMINES
- CLIENT DETERMINES END GOALS OF REPRESENTATION
- ATTORNEY DETERMINES MEANS OF ACCOMPLISHING GOALS
5
ABA- SCOPE OF REPRESENTATION - CLIENT MAKES THESE MAJOR DECISIONS IN CASE
- OBJECTIVES OF REPRESENTATION
- PLEA BARGAINS
- SETTLEMENTS
- JURY TRIAL
- WHETHER OR NOT TO TESTIFY
3
SEARCH AND SEIZURE - REASONABLE EXPECTATION OF PRIVACY IN HOME INCLUDES
- THE HOME AND ITS CURTILAGE
- OVERNIGHT GUESTS AT HOME
- OWNERSHIP OF HOME
1
SEARCH AND SEIZURE - WARRANT IS REQUIRED WHERE
- SUSPECT HAS A REASONABLE EXPECTATION OF PRIVACY.
3
SEARCH WARRANT - ALLOWED EVIDENCE FOR PROBABLE CAUSE
- POLICE OBSERVATION
- HEARSAY
- INFORMANT’S TIP, EVEN WHERE INFORMANT IS ANONYMOUS.
2
SEARCH WARRANT EXCEPTION - AUTOMOBILE
- PROBABLE CAUSE EXISTS TO BELIEVE VEHICLE CONTAINS EVIDENCE OF CRIME
- EXTENDS TO ANY CONTAINER IN VEHICLE
1
SEARCH WARRANT EXCEPTION - AUTOMOBILE - SUSPECT ARRESTED
- IF SUSPECT ARRESTED, VEHICLE MAY BE IMPOUNDED AND SEARCHED AT STATION.
3
SEARCH WARRANT EXCEPTION - EXIGENT CIRCUMSTANCES
- IMMINENT INJURY TO PERSONS
- IMMINENT DESTRUCTION OF EVIDENCE
- HOT PURSUIT OF FLEEING FELON
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.
4
ELEMENTS OF A SECTION 10(b)-5 VIOLATION CHARGING INSIDER TRADING
- INSIDER WITH POSSESSION OF CORPORATE MATERIAL NONPUBLIC INFORMATION
- BREACHES DUTY OF TRUST TO SOURCE OF MNI
- WHEN HE TRADES A CORPORATE SECURITY
- BASED ON MNI
- VIA INTERSTATE COMMERCE
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
3
(CORPORATIONS) SECURITY INSTRUMENT IS A
- FINANCIAL INTEREST
- IN PROFITS
- MADE BY THE ACTS OF OTHERS
5
SELF-AUTHENTICATING EVIDENCE
- CERTIFIED PUBLIC DOCUMENTS
- ACKNOWLEDGED DOCUMENTS
- OFFICIAL PUBLICATIONS
- NEWSPAPERS
- PERIODICALS
3
SELF-RESPRESENTATION IS ALLOWED WHERE DEFENDANT WAIVES HIS RIGHT TO COUNSEL
- KNOWINGLY,
- INTELLIGENTLY
- AND WILLING
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.
2
SENSORY ENHANCING TECHNOLOGY - WHERE GOVERNMENT USES SENSORY ENHANCING TECHNOLOGY NOT AVAILABLE TO GENERAL PUBLIC, IT IS CONSIDERED
- A SEARCH
- PROTECTED BY FOURTH AMENDMENT
7
CLASSIFICATIONS OF SEPARATE PROPERTY
- PROPERTY OWNED BY SPOUSE BEFORE MARRIAGE
- GIFT
- BEQUEST
- DEVISE
- DESCENT
- RENTS, ISSUES AND PROFITS OBTAINED FROM SP
- PROPERTY ACQUIRED AFTER PERMANENT SEPARATION
4
SEPERATE PROPERTY PAID TOWARD COMMUNITY PROPERTY MAY BE REIMBURSED WHEN USED FOR
- DOWN PAYMENT
- IMPROVEMENTS
- PRINCIPAL
- NO INTEREST
3
SERVICE OF PROCESS ELEMENTS - DEFENDANT IS PROVIDED WITH A
- A COPY OF COMPLAINT.
- FORMAL NOTICE OF COURT FILING
- TIMELINE FOR RESPONSE.
2
SETTLOR’S POWER TO TERMINATE TRUST
- WHERE POWER RESERVED
- IN CA, SETTLOR MAY TERMINATE BY PETITIONING COURT
2
SEVENTH AMENDMENT WITH ATTACH TO FEDERAL CASES WITH THESE TYPES OF JURISDICTION
- FEDERAL QUESTION JURISDICTION AND
- DIVERSITY JURISDICTION
2
SHAREHOLDER - CREATION OF A PROXY
- SHAREHOLDER ISSUES A SIGNED WRITING
- TO HAVE ANOTHER VOTE ON HIS/HER BEHALF
2
SHAREHOLDER - VOTING BY PROXY - REVOCABLE VS. IRREVOCABLE
- REVOCABLE PROXY CREATES AGENCY RELATIONSHIP
- IRREVOCABLE PROXY CREATED BY INTEREST OR EXCHANGE OF CONSIDERATION
3
SHAREHOLDER AGREEMENT - ENFORCEABLITY OF TRANSFER OF SHARES RESTRICTIONS
- UPHELD WHERE RESTRICTIONS ARE REASONABLE (E.G. RIGHT OF FIRST REFUSAL)
- ABSOLUTE RESTRAINT ON TRANSFERS IS ALWAYS UNREASONABLE
2
VOTING TRUST ELEMENTS
- SHARES ARE TRANSFERRED TO TRUSTEE
- TRUSTEE VOTES AND DISTRIBUTES DIVIDENDS IN ACCORDANCE WITH WISHES OF THE TRUST
4
ALLOWED SHAREHOLDER AGREEMENTS
- VOTING TRUST
- VOTING AGREEMENT
- MANAGEMENT AGREEMENT
- RESTRICTIONS ON STOCK TRANSFERS
2
SHAREHOLDER DERIVATIVE LAWSUIT - RECOVERY GOES TO
- CORPORATION
- SHAREHOLDER IS PAID FOR HIS ATTORNEY’S FEES
2
SHAREHOLDER LAWSUIT - DIRECT SUIT - SHAREHOLDER BRINGS SUIT FOR
- FOR BREACH OF FIDUCIARY DUTY
- DIRECTLY OWED TO THE SHAREHOLDER
2
SHAREHOLDER LIABILITY FOR CORPORATE DEBTS
- SHAREHOLDERS ARE NOT LIABLE FOR CORPORATE DEBTS
- UNLESS SHAREHOLDERS ARE PART OF PROFESSIONAL CORPORATION
4
SHAREHOLDER RIGHTS - SHAREHOLDERS HAVE THE RIGHT TO
- ATTEND MEETINGS
- VOTE ON BOARD AND STRUCTURE CHANGES (WHERE ARTICLES ALLOW)
- INSPECT BOOKS WITH PROPER PURPOSE AND REASONABLE NOTICE
- DIVIDENDS (WHERE ARTICLES ALLOW)
2
SHAREHOLDER VOTING RIGHTS
DETERMINATION BY CLASS OF STOCK
- AT LEAST ONE CLASS OF STOCK MUST HAVE VOTING RIGHTS
- WHERE NOT SPECIFIED IN ARTICLES, ALL CLASSES HAVE VOTING RIGHTS
3
SHELTER DOCTRINE (BFP)
- ONE WHO TAKES PROPERTY FROM A BFP WILL STAND IN THE BFP’S SHOES
- ALLOWING TAKER FROM THE BFP TO PREVAIL AGAINST ANY CLAIMS
- THE BFP WOULD HAVE PREVAILED AGAINST
4
A SHIFTING EXECUTORY INTEREST IS A
- FUTURE INTEREST IN PROPERTY HELD BY A THIRD PARTY
- THAT WILL DIVEST A ;POSSESSORY GRANTEE OF FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION OF HIS INTEREST IN THE PROPERTY
- UPON OCCURENCE OF THE EXECUTORY LIMITATION
- SHIFTING THE POSSESSORY PRESENT INTEREST IN THE PROPERTY TO THE THIRD PARTY
3
SHOPKEEPER’S PRIVILEGE - SHOPKEEPER’S MAY DETAIN INDIVIDUALS
- REASONABLY BELIEVED TO BE IN POSSESSION OF SHOPLIFTED GOODS
- IN REASONABLE MANNER
- FOR A REASONABLE TIME
1
SILA SEARCH - ARRESTEE - POLICE MAY SEARCH
- AREA WITHIN ARRESTEE’S IMMEDIATE CONTROL
3
SILA SEARCH - CAUSE NEEDED FOR PROTECTIVE SWEEP
- REASONABLE BELIEF
- BASED ON SPECIFIC AND ARTICULABLE FACTS
- OTHER DANGEROUS INDIVIDUALS ARE PRESENT.
2
SILA SEARCH - PROTECTIVE SWEEP - WHEN THE SUSPECT IS ARRESTED AT HOME - POLICE MAY SEARCH
- SPACES ADJOINING THE PLACE OF ARREST
- ANYWHERE ARTICULABLE SUSPICION OF DANGER EXISTS WITH SPACES SWEPT
2
SILA SEARCH - VEHICLE - POLICE MAY SEARCH
- AREA WITHIN THE ARRESTEE’S CONTROL
- WHERE REASONABLE SUSPICION FRUITS OF CRIME ARE PRESENT
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
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.
2
SIXTH AMENDMENT RIGHT TO EFFECTIVE COUNSEL DOESN’T APPLY AT
- PHOTO IDENTIFICATIONS
- TAKING PHYSICAL EVIDENCE
2
SIXTH AMENDMENT RIGHT TO JURY TRIAL HAPPENS WHEN
- SERIOUS OFFENSE CHARGED
- WITH POTENTIAL OF OVER SIX MONTHS IMPRISONMENT
4
SIXTH AMENDMENT RIGHT TO SPEEDY TRIAL BALANCING FACTORS
- LENGTH OF DELAY
- REASON FOR DELAY
- PREJUDICE TO DEFENDANT AS RESULT OF DELAY
- TIME AND MANNER IN WHICH DEFENDANT ASSERTED HIS RIGHT.
1
SLANDER/DEFAMATION
- AN ORAL FALSE STATEMENT OF MATERIAL FACT TRANSITORY IN NATURE
1
SOCKS
ARE GOOD FOR YOUR FEET
1
SOCKS GO ON YOUR
FEET
2
EVIDENCE ALLOWED FOR SOF EXCEPTION TO EQUITABLE MORTGAGE
- PAROL EVIDENCE MAY BE USED
- TO SHOW INTENT
5
SOF REQUIREMENTS FOR LAND SALE CONTRACT
- CONTRACT IN WRITING
- NAMES PARTIES
- SIGNED BY PARTY TO BE BOUND
- SUFFICIENTLY DESCRIBES LAND
- STATES CONSIDERATION
4
SOLICITATION - ATTORNEYS MAY SEND
- LETTERS
- CARDS
- ANNOUNCEMENTS
- TO PEOPLE IN HIS AREA OF PRACTICE
4
SOLICITATION LETTERS MUST CONTAIN AND/OR BE
- ATTORNEYS NAME
- IF A FIRM, NAME OF ONE OF THE ATTORNEYS
- RELATABLE CONTACT INFORMATION
- ACCURATE AND FAIR
2
SOLICITATION LETTERS MUST NOT CONTAIN
- GUARANTEES OF CASE SUCCESS
- CLAIMS OF SPECIAL EXPERTISE UNLESS ATTORNEY CERTIFIED BY RELEVANT STATE AUTHORITIES
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
7
SP EXPENDITURES MADE TO BENEFIT CP REAL ESTATE
ANTI-LUCAS 2
- 1987 ONWARD
- ANY PROPERTY PURCHASED WITH SP
- BUT JOINTLY HELD TITLE
- PRESUMED CP
- UNLESS AGREED IN WRITING OTHERWISE
- OR CLEARLY STATED IN DEED
- RIGHT OF REIMBURSEMENT OF SP FOR DIP.
5
SP EXPENDITURES MADE TO BENEFIT CP REAL PROPERTY - LUCAS
- PRE 1984
- OR AFTER DEATH
- PROPERTY HELD JOINTLY PRESUMED CP
- UNLESS AGREEMENT TO CONTRARY
- NO REIMBURSEMENT OF SP USED FOR CP
3
SPECIAL CLASSIFICATIONS - BONUSES
- BASED ON WHEN EARNED
- EARNED AFTER SEPARATION - SP
- EARNED DURING MARRIAGE - CP
3
SPECIAL CLASSIFICATIONS - BUSINESS GOODWILL IN A PROFESSIONAL PRACTICE - THE EXCESS EARNINGS FORMULA
- SPOUSE’S ANNUAL NET EARNINGS
- SUBTRACT ANNUAL EARNINGS OF SIMILARLY SITUATED PROFESSIONAL
- THE DIFFERENCE IS CAPTILIZED OVER TIME PERIOD OF MARRIAGE
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
SPECIAL CLASSIFICATIONS - EDUCATION - CLASSIFICATION OF ASSET
- NOT A COMMUNITY ASSET UNLESS WRITTEN AGREEMENT TO CONTRARY
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
3
SPECIAL CLASSIFICATIONS - LIFE INSURANCE - DEVISE OF BENEFITS
- WHERE POLICY IS CP
- DECEDENT MAY ONLY DEVISE 1/2 INTEREST TO BENEFICIARY OTHER THAN SPOUSE
- WITHOUT SPOUSE’S WRITTEN CONSENT
1
SPECIAL CLASSIFICATIONS - LIFE INSURANCE - ESTATE’S SHARE OF TERM LIFE INSURANCE
- ESTATE PAYING LATEST TERM IS AWARDED ASSET
1
SPECIAL CLASSIFICATIONS - LIFE INSURANCE - WHOLE LIFE - EACH ESTATE’S INTEREST IS BASED ON
- THE PERCENTAGE IT PAID TOWARD PREMUMS
1
SPECIAL CLASSIFICATIONS - PENSION PLANS AND VESTING
- CP REGARDLESS OF VESTING TIME
2
SPECIAL CLASSIFICATIONS - PENSION PLANS - APPROACHES TO AWARDING FUNDS
- RESERVATION OF JURISDICTION APPROACH
- CASH OUT APPROACH
4
SPECIAL CLASSIFICATIONS - PENSION PLANS - ELEMENTS OF RESERVATION OF JURISDICTION APPROACH
- COURT RESERVES JURISDICTION
- AT RETIREMENT APPORTIONS SHARES
- NON-EMPLOYED SPOUSE CAN ELECT TO RECEIVE SHARE AT THE EARLIEST TIME EMPLOYED SPOUSE COULD RETIRE
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
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
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
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
3
SPECIAL CLASSIFICATIONS - PERSONAL INJURY - LIABILITY FOR TORTFEASOR SPOUSE WHO COMMITS TORT AGAINST SPOUSE
- TORTFEASOR SPOUSE’S SP MUST BE EXHAUSTED
- BEFORE CP IS USED
- TO DISCHARGE LIABILITY OF TORTFEASOR SPOUSE TO INNOCENT SPOUSE
3
SPECIAL CLASSIFICATIONS - SEVERANCE PAY
- CP WHERE REPLACING EARNING DURING THE MARRIAGE
- OR ENHANCE RETIREMENT DURING MARRIAGE
- SP WHERE GIVEN TO REPLACE FUTURE EARNINGS
2
SPECIAL DAMAGES
- UNIQUE TO THE SPECIFIC PLAINTIFF
- ECONOMIC
1
SPECIAL DAMAGES COMPENSATE FOR
- PECUNIARY LOSS
2
SPECIAL WARRANTY DEED - GRANTOR WARRANTS
- HE HAS ONLY CONVEYED THE PROPERTY TO NOONE ELSE
- AND PROPERTY IS FREE FROM ANY ENCUMBRANCES HE MADE
1
SPECIFIC GIFTS
- SPECIFIC, IDENTIFIABLE PROPERTY
SPECIFIC INSTANCES OF MISCONDUCT BY WITNESS CAN BE INTRODUCED IF
- X-EXAM
- IF PROBATIVE OF TRUTHFULNESS OR UNTRUTHFULNESS
2
SPECIFIC INTENT CRIME
- A SPECIFIC INTENT CRIME REQUIRES THE MENS REA TO COMMIT THE LEGALLY PROSCRIBED CONDUCT
- IN ORDER TO ACHIEVE A SPECIFIC PURPOSE.
4
LONG ARM STATUTE
- STATE LAW
- ALLOWING STATE COURT TO EXERCISE JURISDICTION
- OVER OUT OF STATE DEFENDANT
- IN CERTAIN SITUATIONS.
2
SPECIFIC PERFORMANCE
- A PERMANENT INJUNCTION
- WHEREIN COURT ORDERS PERFORMANCE OF A CONTRACT PROMISE
6
SPECIFIC PERFORMANCE REQUIREMENTS FOR BREACH OF LAND SALE CONTRACT
(CHOCOLATE CHEESECAKE IS MY FAVORITE DESSERT)
- VALID CONTRACT WITH CERTAIN TERMS CAPABLE OF ENFORCEMENT
- CONDITIONS ON PLAINTIFF HAVE BEEN MET
- INADEQUATE REMEDY AT LAW
- MUTUALITY OF PERFORMANCE
- FEASIBILITY OF ENFORCEMENT
- NO AVAILABLE DEFENSES FOR BREACHING PARTY
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
SPOUSAL DISPOSITION POWER OVER PERSONAL ASSETS DOES NOT INCLUDE
- TESTAMENTARY CONTROL
2
SPOUSAL PRIVILEGE - COMMUNICATIONS PRIVILEGE APPLIES TO COMMUNICATIONS MADE
- DURING MARRIAGE
- BY EITHER SPOUSE
3
SPOUSAL PRIVILEGE - FRE - TESTIMONIAL PRIVILEGE - COURT CANNOT COMPEL A WITNESS
- TO TESTIFY AGAINST HER SPOUSE
- IN A CRIMINAL PROCEEDING
- OR CIVIL PROCEEDING UNDER CEC
1
SPOUSAL PRIVILEGE - TESTIMONIAL PRIVILEGE IS HELD BY
- THE WITNESS SPOUSE
2
SPOUSAL PRIVILEGE - TESTIMONIAL PRIVILEGE MAY BE ASSERTED IN
- CIVIL CASES
- CRIMINAL CASES
2
SPOUSE MANAGEMENT AND CONTROL OF PERSONAL PROPERTY - OTHER SPOUSE’S WRITTEN CONSENT NEEDED WHERE COMMUNITY PERSONAL PROPERTY IS
- GIFTED
- DISPOSED FOR LESS THAN FAIR AND REASONABLE VALUE
2
SPOUSE POWER OF DISPOSITION - SPOUSES HAVE
- EQUAL POWER OF DISPOSITION
- WITH CONSENT REQUREMENTS
4
SPRINGING EXECUTORY INTEREST
- FUTURE INTEREST HELD BY A THIRD PARTY
- WILL DIVEST GRANTOR OF ESTATE
- AT OCCURENCE OF EVENT SET FORTH IN FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION
- SPRINGING INTO EXISTENCE THE THIRD PARTY’S POSSESSORY INTEREST IN THE PROPERTY
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?
STANDARD OF CARE FOR MEDICAL PRACTICIONERS
GENERAL PRACTICIONERS - LOCAL AREA STANDARD
SPECIALISTS - NATIONAL STANDARD
3
STANDING - INDIVIDUAL
- ACTUAL OR IMMINENT INJURY
- INJURY CAUSED BY ALLEGED CONDUCT COMPLAINED OF
- INJURY REDRESSIBLE BY FAVORABLE DECISION
3
STANDING - THIRD PARTY
- INDIVIDUAL STANDING
- PLAINTIFF HAS SPECIAL RELATIONSHIP WITH THIRD PARTY
- THIRD PARTY CANNOT ASSERT HIS OWN RIGHTS
2
STATE OF MIND EXCEPTION ONLY ADMISSIBLE WHEN
- STATE OF MIND WAS DIRECTLY AT ISSUE
- OFFERED TO SHOW INTENT FOR SUBSEQUENT ACTS
2
STATE OF MIND EXCEPTION NOT ADMISSIBLE TO PROVE
- A FACT REMEMBERED OR BELIEVED
- UNLESS IT RELATES TO DECLARANT’S WILL
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
STATEMENT OF AGENT HEARSAY EXCEPTION
- STATEMENT OF EMPLOYEE WHILE IN THE SCOPE OF JOB
- WHO IS AUTHORIZED TO SPEAK ON EMPLOYER’S BEHALF.
1
STATEMENTS FOR MEDICAL DIAGNOSIS - FRE
- FRE ALLOWS STATEMENT REGARDING SOURCE OF CONDITION.
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
3
STATEMENTS MADE SUBSEQUENT TO MIRANDA INVOCATION BY DEFENDANT WILL BE ADMISSIBLE IF
- DEFENDANT INITIATES DISCUSSION
- ADQUATE MIRANDA WARNINGS ARE REITERATED
- NO INTERVENING INTERROGATION OCCURRED
1
STATEMENTS OBTAINED IN VIOLATION OF MIRANDA MAY BE USED
- TO IMPEACH
2
STATEMENTS THAT CAN’T BE DEFAMATORY
- PURE OPINION
- HYPERBOLE THAT A REASONABLE PERSON WOULD KNOW WAS AN EXAGGERATED STATEMENT.
2
TWO DIFFERENT CATEGORIES
OF STATE’S STATUATORY BASES
FOR PERSONAL JURISDICTION
- LONG ARM STATUTES W/MINIMUM CONTACT STANDARD
- SPECIFIC LONG ARM STATUTES
3
STATUATORY INTERPLEADER
- DIVERSITY ONLY REQUIRED BETWEEN CLAIMAINTS
- CLAIM MUST BE AT LEAST 500 DOLLARS
- DOESN’T HAVE JURISDICTIONAL LIMITATIONS
1
SHOES
- GO ON YOUR FEET
4
STOCK PRICES
- PAR VALUE IS SET MINIMUM PRICE AT ISSUANCE AND STOCK MAY NOT BE SOLD FOR LESS THAN THIS.
- NO PAR IS NO MINIMUM PRICE FOR STOCK.
- TREASURY STOCK IS PREVIOUSLY ISSUED AND REAQUIRED AND MAY BE TREATED AS NO PAR.
- MODERNLY, MOSTLY OBSOLETE. CALIFORNIA DOESN’T REQUIRE PAR VALUE.
2
STOCK SHARES DEFINITION
- EQUITY SECURITIES
- GRANTING SHAREHOLDER INTEREST IN CORPORATION
2
CREATION AND CLASSIFICATION OF STOCK SHARES RULES
- ORIGINAL NUMBER OF SHARES MUST BE FILED WITH SOS
- DIFFERENT CLASSES OF SHARES MUST BE CLASS MUST BE IDENTIFIED BEFORE ISSUED
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
2
DEFENDANTS FOR THE CRIME OF RECEIVING STOLEN PROPERTY ARE THE DEFENDANTS
- RECEIVING PROPERTY KNOWN TO BE STOLEN
- PROVIDING PROPERTY KNOWN TO BE STOLEN
1
STRETCH YOUR TOES TEN TIMES
- NOW PLEASE
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.
1
STRICT LIABILITY FOR EXCAVATION - SUBJACENT SUPPORT
- STRICT LIABILITY ARISES WHERE PLAINTIFF CAN SHOW HER LAND WOULD HAVE COLLAPSED IN ITS NATURAL STATE DUE TO THE EXCAVATION.
1
STRICT LIABILITY FOR KEEPING A WILD ANIMAL MUST BE TRIGGERED BY ACTS THE WILD ANIMAL
- WOULD NORMALLY COMMIT AS A WILD ANIMAL
5
STRICT LIABILITY FOR TORT TRIGGERS
- ABNORMALLY DANGEROUS ACTIVITIES
- WILD ANIMALS
- KNOWN DANGEROUS DOMESTIC ANIMALS
- EXCAVATION THAT WOULD HAVE CAUSED COLLAPSE IN LAND’S UNIMPROVED STATE
- STRICT PRODUCT’S LIABILITY
2
SUBAGENT’S DUTIES
- AUTHORIZED ACTIVITY - SAME DUTY OWED TO PRINCIPAL
- UNAUTHORIZED ACTIVITY - DUTY OWED ONLY TO AGENT
1
SUBJECT MATTER JURISDICTION DEFINITION
- COURT HAS AUTHORITY TO EXERCISE JURISDICTION OVER A PARTICULAR CONTROVERSY
1
SUBLEASE DEFINTION
- A SUBLEASE IS A TRANSFER OF ANYTHING LESS THAN THE ENTIRE INTEREST REMAINING ON A LEASE TERM.
3
SUBSTANTIVE DUE PROCESS - NON FUNDAMENTAL RIGHTS ARE INVOLVED WHERE REGULATIONS AFFECT
- SOCIAL WELFARE
- ECONOMIC WELFARE
- NON-FUNDAMENTAL PERSONAL RIGHTS
3
SUBSTANTIVE DUE PROCESS LIMITS GOVERNMENT’S ABILITY TO REGULATE
- PERSONAL AUTONOMY
- PRIVACY
- RIGHTS SUBSTANTIVE INTERESTS IN LIFE, LIBERTY AND PROPERTY
3
SUBSTITUTE SERVICE REQUIREMENTS - PRIVATE PARTY - CA - ONLY ALLOWED WHERE
- PERSONAL SERVICE CANNOT BE COMPLETED WITH REASONABLE DILIGENCE
- DEFENDANT’S RESIDENCE WITH A COMPETENT MEMBER OF HIS HOUSEHOLD OVER 18 WHO IS INFORMED OF CONTENTS
- SUMMONS AND COMPLAINT ALSO SERVED BY FIRST CLASS MAIL
2
SUBSTITUTE SERVICE REQUIREMENTS -CORPORATIONS - CA
- ONLY ON DEFENDANT’S REGISTERED AGENT
- OR ONE WHO IS APPARENTLY IN CHARGE OF OFFICE DURING NORMAL OFFICE HOURS.
SUGAR
IS BAD FOR YOU
3
SUPERSEDING INTERVENING EVENT
- UNFORESEEABLE EVENT
- BREAKING CHAIN OF CAUSATION
- BECOMES NEW PROXIMATE CAUSE
2
SUPPLEMENTAL JURISDICTION
- COURT HAS JURISDICTION OVER A CLAIM WITH INSUFFICIENT SUBJECT MATTER JURISDICTION
- WHEN IT IS JOINED TO A CLAIM WITH SUFFICIENT SUBJECT MATTER JURISDICTION.
2
SUPPORT TRUST ELEMENTS
- DIRECTS TRUSTEE TO MAKE LIMITED DISTRIBUTIONS
- FOR BENEFICIARY’S SUPPORT
2
SUPREMACY CLAUSE - FIELD PREEMPTION - EXPRESS PREEMPTION OCCURS WHEN FEDERAL STATUTE
- EXPLICITLY CONFIRMS
- CONGRESS’ INTENT TO PREEMPT STATE LAW
2
SUPREMACY CLAUSE - FIELD PREEMPTION - IMPLIED PREEMPTION
- COMPREHENSIVENESS OF FEDERAL SCHEME - HOW MUCH LEFT UNCOVERED
- FEDERAL AGENCY WAS CREATED TO OVERSEE THE AREA
2
SUPREMACY CLAUSE - TYPES OF FIELD PREEMPTION
- EXPRESS PREEMPTION
- IMPLIED PREEMPTION
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
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
TAKINGS CLAUSE
- PRIVATE PROPERTY CAN’T BE TAKEN FOR PUBLIC USE WITHOUT JUST COMPENSATION
1
TAKINGS CLAUSE - MEASURE OF JUST COMPENSATION
- PROPERTY’S FAIR MARKET VALUE AT TIME OF TAKING
3
TAKINGS CLAUSE - NON PER SE TAKING EVALUATION FACTORS
- ECONOMIC IMPACT ON CLAIMANT
- EXTENT OF INTERFERENCE WITH INVESTOR BACKED EXPECTATIONS
- CHARACTER OF GOVERNMENT ACTION
2
TAKINGS CLAUSE - PER SE TAKING OCCURS WHEN
- PERMANENT PHYSICAL INVASION OF PROPERTY
- TOTAL DENIAL OF ECONOMICALLY BENEFICIAL USE OF PROPERTY
1
TAKINGS CLAUSE - PUBLIC USE MUST BE
- RATIONALLY RELATED TO A CONCEIVABLE PUBLIC PURPOSE OR BENEFIT
2
CONGRESSIONAL POWER - TAXING AND SPENDING CLAUSE - CONGRESS HAS THE RIGHT TO
- TAX FOR GENERAL WELFARE OF US
- CONDITIONALLY GRANT FUNDING
2
FEDERAL TAXPAYER STANDING IS ONLY FOR
- VIOLATIONS OF ESTABLISHMENT CLAUSE
- MADE BY SPENDING OR TAX PROGRAMS
3
TEMPORARY RESTRAINING ORDER
- PRESERVES THE STATUS QUO
- FOR A SHORT PERIOD OF TIME
- PENDING ISSUANCE OF A PRELIMINARY INJUNCTION
1
TENANCY AT SUFFERANCE IS CREATED WHEN
- TENANT WRONGFULLY HOLDS OVER PAST EXPIRATION OF A VALID LEASE
2
TENANCY AT WILL - TENANCY IS CREATED BY
- EXPRESS AGREEMENT
- OR IMPLIED BY NO SIGNED LEASE AGREEMENT IN SOME JX.
1
TENANCY AT WILL DURATION MAY BE
- ANY PERIOD OF TIME
3
TENANCY FOR YEARS
- LEASE AGREEMENT WITH STATED START AND END DATE
- NO NOTICE OF TERMINATION IS REQUIRED BECAUSE STATED IN CONTRACT.
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
1
TENDER OFFER
- AN OFFER TO PURCHASE A CONTROLLING PERCENTAGE OF SHARES IN A CORPORATION
3
TENTH AMENDMENT ELEMENTS
- POWERS NOT DELEGATED TO FEDERAL GOVERNMENT
- OR PROHIBITED BY U.S. CONSTUTION
- ARE RESERVED FOR THE STATES
8
TERMINATION OF EASEMENTS (END CRAMP)
- ESTOPPEL
- NECESSITY ENDED
- DESTRUCTION OF SERVIENT LAND
- CONDEMNATION BY EMINENT DOMAIN
- RELEASE IN WRITING BY EASEMENT HOLDER
- ABANDONMENT ACTION
- MERGER
- PRESCRIPTION
3
TERMINATION OR MODIFICATION OF EQUITABLE SERVITUDES
- AGREEMENT OF ALL PARTIES IN A SUFFICIENT WRITING
- ABANDONMENT ACTION
- CHANGED CONDITIONS
5
TERRY STOP OCCURS WHEN
- STOP AND FRISK WITH
- REASONABLE SUSPICION
- THAT SUSPECT IS ENGAGED IN
- OR ABOUT TO COMMIT CRIMINAL ACTIVITY
- AND IS ARMED AND DANGEROUS
4
ERIE DOCTRINE - WHEN NO FEDERAL DIRECTIVE ON POINT, WHETHER A LAW IS SUBSTANTIVE OR PROCEDURAL IS DETERMINED BY
- WHETHER OR NOT THE LAW APPLIED WOULD AFFECT THE CASE OUTCOME
- IF YES, APPLY STATE LAW
- TO DETER FORUM SHOPPING
- AND PREJUDICE AGAINST THE PARTIES
3
TESTAMENTARY TRUST
- CREATED BY WILL
- WILL CONTAINS MATERIAL PROVISIONS OF TRUST
- TRUST ARISES WHEN TESTATOR DIES
2
THIRD PARTY WITNESS STATEMENTS ARE TESTIMONIAL IN NATURE WHERE
- PRIMARY PURPOSE IS TO PROVE PAST EVENTS POTENTIALLY RELEVANT TO CRIMINAL PROSECUTION
- MADE WHEN CIRCUMSTANCES INDICATE NO ONGOING EMERGENCY
2
THIRD PARTY WITNESS STATEMENTS ARE TESTIMONIAL IN NATURE WHERE
- PRIMARY PURPOSE IS TO PROVE PAST EVENTS POTENTIALLY RELEVANT TO CRIMINAL PROSECUTION
- MADE WHEN CIRCUMSTANCES INDICATE NO ONGOING EMERGENCY
1
THE CAPITAL OF WYOMING IS
CHEYENNE
2
THE COURT CAN TAKE JUDICIAL NOTICE OF FACTS NOT SUBJECT TO REASONABLE DISPUTE WHERE
- CAPABLE OF ACCURATE AND READY DETERIMINATION
- BY A SOURCE WHOSE ACCURACY CANNOT BE REASONABLY QUESTIONED.
- OR FACTS ARE GENERALLY KNOWN WITHIN THE JURSIDICTION
1
THE DURATION OF A TENANCY AT SUFFERANCE IS
- ANY PERIOD OF TIME TENANT WRONGFULLY OCCUPIES
4
THE EXCLUSIONARY RULE WILL NOT APPLY TO
- GRAND JURY PROCEEDINGS
- CIVIL CASE WHERE VIOLATING EVIDENCE WAS SEIZED BY OTHER SOVEREIGN
- IMPEACHMENT
- HABEUS CORPUS PROCEEDINGS
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
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.
2
THE REDLINE RULE
- UNDER THE REDLINE RULE THE DEFENDATN MAY NOT BE CHARGED FOR THE HOMICIDES OF CO-FELONS CAUSED BY VICTIMS, BYSTANDERS OR POLICE
- DURING COMMISSION OF AN INHERENTLY DANGEROUS VIOLENT FELONY.
1
THE SCOPE OF X-EXAM FOR A HOSTILE OR NON-HOSTILE WITNESS IS LIMITED TO
- THE SCOPE OF DIRECT EXAM
8
PRIOR BAD ACTS MAY NOT BE USED TO SHOW CONDUCT IN CONFORMITY WITH CHARACTER EVIDENCE BUT MAY BE USED TO PROVE (I PIK A MOP)
- INTENT
- PREPARATION
- IDENTITY OF PERPERTRATOR
- KNOWLEDGE
- ABSENCE OF MISTAKE OR ACCIDENT
- MOTIVE
- OPPORTUNITY
- PLAN
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
3
THIRD PARTY COMPENSATION OF ATTORNEYS FEES ONLY ALLOWED WHERE
- THIRD PARTY DOES NOT INTERFERE WITH INDEPENDENC EOF PROFESSIONAL JUDGMENT OR LAWYER-CLIENT RELATIONSHIP
- CLIENT INFO IS KEPT CONFIDENTIAL
- CLIENT GIVES INFORMED CONSENT (CA REQUIRES WRITING)
2
THIRD PARTY CONSENT FOR VALID SEARCH WILL ONLY APPLY TO
- COMMON AREAS
- NOT PRIVATE AREAS DEFENDANT EXCLUSIVELY CONTROLS
2
THIRD PARTY INCIDENTAL BENEFICIARY
- A PARTY NOT DIRECTLY INTENDED TO BENEFIT FROM THE CONTRACT
- WHO MAY NOT SEEK DAMAGES FOR THE BREACH.
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
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
3
THREE TYPES OF DEED
- QUITCLAIM DEED
- WARRANTY DEED
- SPECIAL WARRANTY DEED
3
THREE TYPES OF PRODUCT DEFECTS
- DESIGN DEFECTS
- MANUFACTURING DEFECTS
- FAILURE TO WARN
1
TIES GO AROUND
NECKS
1
TIME CRITERION FOR DIVERSITY FOR SUBJECT MATTER JURISDICTION
- DIVERSITY MUST EXIST AT THE TIME THE CASE IS FILED.
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
MOOTNESS AND CLASS ACTIONS
- WHERE AT LEAST ONE CLASS MEMBER STILL HAS INJURY
- CASE IS NOT MOOT
2
TIMELINESS - MOOTNESS EXCEPTIONS
- UNLESS CAPABLE OF REPITITION YET EVADING REVIEW
- VOLUNTARY CESSATION BY DEFENDANT WHO COULD RESUME INJURIOUS ACTIVITY
2
TIMELINESS - RIPENESS
- LIVE CONTROVERSY
- OR THREAT OF IMMINENT HARM
2
TIMING REQUIREMENTS FOR 26F CONFERENCE
- AT LEAST 21 DAYS BEFORE 16B CONFERENCE
- DISCOVERY PLAN MUST BE SUBMITTED WITHIN 14 DAYS OF CONFERENCE.
3
TIPPEES ARE LIABLE WHERE TIPEE
- HAD SCIENTER
- KNEW TIPPER BREACHED FIDUCIARY DUTY
- AND TRADED ON INFORMATION ANYWAY
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
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
2
BUSINESS PARTHERSHIP - TITLED PROPERTY IS THE SEPARATE PROPERTY OF PARTNERS WHERE
- HELD IN INDIVIDUAL PARTNER’S NAMES
- AND PURCHASED WITH INDIVIDUAL PARTNER’S FUNDS
1
TO ADMIT A PRIOR INCONSISTENT STATEMENT AS SUBSTANTIVE EVIDENCE UNDER THE CALIFORNIA EVIDENCE CODE, THE OFFERING PARTY MUST
- X-EXAM THE IMPEACHED WITNESS IN THE CURRENT PROCEEDING ABOUT THE STATEMENT
3
TO ADMIT A PRIOR INCONSISTENT STATEMENT AS SUBSTANTIVE EVIDENCE UNDER THE FRE, THE OFFERING PARTY MUST SHOW
- THE PRIOR STATEMENT IS INCONSISTENT WITH WITNESS’S PRESENT TESTIMONY
- THE PRIOR STATEMENT WAS GIVEN UNDER OATH
- THE WITNESS HAS BEEN X-EXAMINED ABOUT THE PRIOR STATEMENT IN THE CURRENT TRIAL
1
FOR FEDERAL QUESTION JURSIDICTION, THE FEDERAL QUESTION AT ISSUE MUST APPEAR ON THIS PART OF PLAINTIFF’S INITIAL FILINGS
- ON THE FACE OF PLAINTIFF’S WELL-PLEADED COMPLAINT.
2
TO QUALIFY AS A HABIT, CONDUCT MUST BE
- HIGHLY SPECIFIC
- FREQENTLY REPEATED
1
TO SUCCESSFULLY CONTEST A NO CONTEST CLAUSE, THE FORFEITED BENEFICIARY MUST HAVE
- PROBABLE CAUSE
1
TORT - GROSS NEGLIGENCE OCCURS WHERE DEFENDANT
- DELIBERATELY BREACHED A PREEXISTING DUTY
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
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.
3
TORTS - WHO IS AN AGGRESSOR?
- PARTY WHO STARTS THE FRACAS
- CONTINUES VIOLENCE DESPITE ATTEMPTED WITHDRAWAL
- SERIOUSLY ESCALATES THE COMBAT
3
EQUITABLE LIEN - WHERE PLAINTIFF TRACES WRONGFUL TAKEN FUNDS TO A COMMINGLED ACCOUNT
- LOWEST INTERMEDIATE BALANCE RULE APPLIES
- PLAINTIFF RECEIVES ACTUAL MONEY OWNED
- SANS INCREASE
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
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
3
TRADITIONAL BASES FOR PERSONAL JURISDICTION
- DEFENDANT DOMICILED IN FORUM STATE
- DEFENDANT CONSENTS TO JURISDICTION IN FORUM STATE
- DEFENDANT SERVED IN FORUM STATE
1
TRANSFER OF EASEMENTS - WHEN A DOMINANT ESTATE TRANSFERS, THE EASEMENT IS
- APPURTENANT - RUNS WITH THE LAND
2
TRANSFER OF EASEMENTS - EASEMENT IN GROSS AND THE EASEMENT HOLDER
- IN GROSS AT COMMON LAW - NO TRANSFER
- IN GROSS MODERNLY - COMMERCIAL EASEMENTS TRANSFERRABLE.
2
TRANSFER OF EASEMENTS - SERVIENT ESTATE
- RUNS WITH THE LAND
- UNLESS BFP TOOK FOR VALUE WITH NO NOTICE
2
BENEFICIARY’S INTEREST IN PROPERTY AFTER TRANSFER OF TRUST PROPERTY TO THIRD PARTY
- IF PROPERTY TRANSFERRED TO BFP FOR VALUE, BENEFICIARY’S INTEREST IS CUTOFF
- IF PROPERTY NOT TRANSFERRED TO BFP FOR VALUE, BENEFICIARY CAN SET ASIDE TRANSFER
2
TRANSFERRABILITY OF INTERESTS IN A LLC
- MANAGEMENTS INTERESTS ARE NOT FREELY TRANSFERRABLE
- RIGHT TO RECEIVE PROFITS AND LOSSES ARE TRANSFERRABLE
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
3
TRANSFERRED INTENT
- UNDER THE DOCTRINE OF TRANSFERRED INTENT, DEFENDANT’S CRIMINAL INTENT WILL BE TRANSFERRED FROM THE INTENDED PERSON OR OBJECT
- TO THE INJURED PERSON OR OBJECT
- AND CRIMINAL LIABILITY WILL FOLLOW.
2
TRANSFERS OF STOCKS - RESTRICTIONS ON TRANSFERS WILL ONLY BE ENFORCED AGAINST THIRD PARTIES WHERE RESTRICTIONS
- WERE CONSPICUOUSLY NOTED ON INSTRUMENT
- OR PREEXISTING KNOWLEDGE OF RESTRICTION
1
TRANSMUTATION AND COMMUNITY PROPERTY LAW
- CHANGE THE ESTATE OR OWNERSHIP CHARACTERIZATION OF AN ASSET
1
TRANSMUTATION AND COMMUNITY PROPERTY LAW
- CHANGE THE ESTATE OR OWNERSHIP CHARACTERIZATION OF AN ASSET
1
TRANSMUTATION
- CHANGE THE PROPERTY CHARACTERIZATION OF AN ASSET
3
TRANSMUTATION PRE 1985 COULD BE
- ORAL
- WRITTEN
- INFERRED BY SPOUSE’S CONDUCT
3
TRANSMUTATION - WRITING NOT REQUIRED FOR GIFTS BETWEEN SPOUSES WHERE
- TANGIBLE ARTICLES OF PERSONAL NATURE
- INSUBSTANTIAL IN VALUE
- IN CONTEXT OF MARITAL CIRCUMSTANCES
2
ADMISSIBILITY OF STATEMENTS IN A WILL AS EVIDENCE OF TRANSMUTATION OF ASSET
- INADMISSIBLE
- BEFORE DEATH OF DEVISOR
3
TRANSMUTATION TO 3RD PARTIES
- NOT EFFECTIVE
- WITHOUT NOTICE
- UNLESS RECORDED
3
TRANSMUTATIONS MADE ON OR AFTER 1985
- AN EXPRESS DECLARATION
- BY SPOUSE ADVERSELY AFFECTED
- MADE IN WRITING
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
PUTATIVE SPOUSE’S PROPERTY IS TREATED AS
- QUASI-MARITAL PROPERTY
- QMP IS TREATED LIKE COMMUNITY PROPERTY
2
TRESPASS TO LAND - DAMAGES AWARDED ARE
- ACTUAL DAMAGES CAUSED BY ENTRY
- NOMINAL DAMAGES
1
TRESSPASS TO CHATTELS - LIABILITY ARISES WHERE DEFENDANT
- INTENTIONALLY AND WITHOUT AUTHORIZATION INTERFERES WITH OR CAUSES DAMAGE TO PLAINTIFF’S CHATTELS
2
WHERE AN AGENT EXCEEDS ACTUAL AUTHORITY - THE PRINCIPAL WILL BE BOUND TO AGENT’S ACTS WHERE THE AGENT
- ACTS IN WAY AN AGENT IN SUCH A POSITION WOULD NORMALLY BE ALLOWED TO ACT
- WAS PREVIOUSLY ALLOWED TO SIMILARLY ACT IN EXCESS OF AUTHORITY
5
TRIGGERS FOR ABSOLUTE PRIVILEGE APPLIES TO STATEMENTS MADE
- BY LEGISLATORS AND AIDS ON FLOOR
- BETWEEN FEDERAL EXECUTIVE OFFICIALS
- JUDICIAL PROCEEDINGS
- COMMUNICATION BETWEEN SPOUSES
- UNTIL REPEATED IN CONTEXT WITH NO PRIVILEGE
3
AN AGENT HAS ACTUAL IMPLIED AUTHORITY WHERE
- THE TASK IS REASONABLY NECESSARY TO ACCOMPLISH EXPECTED GOALS
- CUSTOMARY FOR THIS TYPE OF AGENT TO HAVE AUTHORITY TO DO THIS TASK
- DURING PRIOR DEALINGS AGENT HAD AUTHORITY TO DO THIS TASK
4
TRIGGERS FOR QUALIFIED PRIVILEGE DEFENSE TO DEFAMATION
- COMMUNICATION APPEARS REASONABLY NECESSARY TO PROTECT DEFENDANT’S OR THIRD PARTY’S LEGITIMATE INTERESTS
- PAST EMPLOYER’S REFERENCE
- NEWSWORTHY EVENTS
- REPORTS OF PUBLIC HEARINGS
2
TRO REQUIRES A SHOWING OF
- IRREPERABLE HARM DURING WAITING PERIOD FOR INJUNCTION
- IF TRO NOT GRANTED
8
TRUSTEE DEFINITION (SIAM)
- HOLDS LEGAL TITLE TO SPECIFIC PROPERTY
- UNDER A FIDUCIARY DUTY TO
- SAFEGUARD
- ADMINISTER
- INVEST
- MANAGE
- TRUST ASSETS AND INCOME
- FOR THE BENEFIT OF DESIGNATED BENEFICIARIES
1
TRUST TERMINATION POWERS - TRUSTEE
- TRUSTEE DOES NOT HAVE POWER TO TERMINATE TRUST EXCEPT FOR WHERE TRUST PROVIDES
3
TRUST TERMINATION POWERS - BENEFICIARIES
- WHERE UNANIMOUS CONSENT
- WHERE ALL ARE COMPETENT
- WHERE PURPOSE OF TRUST WONT BE FRUSTRATED
2
TRUSTEE - DELEGATION OF DUTIES
- AT COMMON LAW, NO DELEGATION ALLOWED
- MODERNLY, DELEGATION IS ALLOWED WHERE DUE CARE AND SKILL ARE USED TO SELECT AGENTS
3
TRUSTEE - DUTY OF LOYALTY
- NO SELF-DEALING
- NO CONFLICTS OF INTEREST
- TREAT ALL BENEFICIARIES EQUALLY
2
TRUSTEE CAN’T OFFSET LOSSES FOR BREACH
- WHERE ONE BREACH CAUSES LOSS
- AND ANOTHER BREACH CAUSES GAIN
2
TRUSTEE NAMING REQUIREMENTS OF A TRUST
- TRUSTEE NEED NOT BE NAMED
- COURT WILL APPOINT TRUSTEE WHERE TRUST DOES NOT NAME ONE
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
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
TRUSTS FOR REAL PROPERTY MUST BE EXECUTED BY
- TRUSTEE OR
- SETTLOR OR
- THEIR AGENT
2
THE SOURCE RULE -
TWO TRACING METHODS ALLOWED BY COURT
- EXHAUSTION METHOD
- DIRECT TRACING
3
TYPES OF AUTHORITY CAUSING PRINCIPAL’S LIAIBLITY FOR AGENT’S CONTRACTS
- ACTUAL EXPRESS AUTHORITY
- ACTUAL IMPLIED AUTHORITY
- APPARENT AUTHORITY
2
TYPES OF COMPENSATORY DAMAGES IN
TORT ACTIONS
- GENERAL DAMAGES
- SPECIAL DAMAGES
7
TYPES OF CONTRACT DAMAGES
- EXPECTATION DAMAGES
- CONSEQUENTIAL DAMAGES
- INCIDENTAL DAMAGES
- RELIANCE DAMAGES
- LIQUIDATED DAMAGES
- NOMINAL DAMAGES
- PUNITIVE DAMAGES
3
TYPES OF CORPORATE DISSOLUTION
- VOLUNTARY
- ADMINISTRATIVE
- JUDICIAL
3
TYPES OF FEE SIMPLE DEFEASIBLE
- FEE SIMPLE DETERMINABLE
- FEE SIMPLE TO SUBJECT TO CONDITION SUBSEQUENT
- FEE SIMPLE SUBJECT TO AN EXECUTORY LIMITATION
3
TYPES OF FRAUD POSSIBLE DURING TESTAMENTARY PROCESS
- FRAUD IN THE EXECUTION
- FRAUD IN THE INDUCEMENT
- FRAUD PREVENTING REVOCATION
6
TYPES OF FUNDAMENTAL STRUCTURE CHANGES TO CORPORATION REQUIRING SHAREHOLDER APPROVAL
- AMENDMENT TO AOI
- MERGER
- CONSOLIDATION
- CONVERSION
- DISPOSITION (SALE OF ALL OR NEARLY ALL OF CORP ASSETS)
- DISSOLUTION
3
TYPES OF NOTICE FOR RECORDING ACT STATUTES
- ACTUAL
- CONSTRUCTIVE/RECORD
- INQUIRY
2
TYPES OF PARTNERSHIPS
- GENERAL PARTNERSHIP
- LIMITED PARTNERSHIP
2
TYPES OF SUPPLEMENTAL JURISDICTION
- ANCILLARY JURISDICTION - COURT ASSERTS JX OVER DEFENDANT’S CROSS CLAIM OR COUNTERCLAIM.
- PENDENT JURISDICTION - INSUFFICENT SUBJECT MATTER JX CLAIM JOINED TO A SUFFICIENT SUBJECT MATTER JX CLAIM.
13
TYPES OF TRUSTS
- EXPRESS
- TESTAMENTARY
- POUR OVER
- SECRET
- SEMI-SECRET
- SPENDTHRIFT
- SUPPORT
- DISCRETIONARY SUPPORT
- CHARITABLE
- HONORARY
- TOTTEN
- RESULTING (PURCHASE MONEY)
- CONSTRUCTIVE
3
UCC - TO PROVE HE IS LOST VOLUME SELLER, SELLER MUST SHOW
- HE MAKES HIGH VOLUME OF SIMILAR GOODS
- HE HAS MULTIPLE BUYERS
- VOLUME SALES BREAK EVEN OR MAKE A PROFIT
1
UCC - WAIVER OF CONDITION CREATED BY NO WRITING FOR A MODIFICATION TO A CONTRACT FOR THE SALE OF GOODS OVER $500 CAN BE RETRACTED BY PROMISEE BY
- PROMISEE’S REASONABLE NOTICE TO THE PROMISOR THAT STRICT PERFORMANCE OF THE WAIVED CONDITION WILL BE REQUIRED.
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
3
UCC 2-104 - MERCHANT
- A PERSON DEALING WITH GOODS OF THE KIND
- OR HAS KNOWLEDGE OR SKILL PECULIAR TO THE PRACTICES OR GOODS INVOLVED IN THE CONTRACT
- OR EMPLOYS ONE WITH SUCH KNOWLEDGE OR SKILL
1
STATUTE OF FRAUDS UNDER UCC
- CONTRACTS FOR SALES OF GOODS IN EXCESS OF 500 DOLLARS MUST BE MADE IN WRITING TO BE ENFORCEABLE AT LAW.
2
UCC 2-206 ACCEPTANCE
- UNDER UCC 2-206, ACCEPTANCE MAY BE MADE IN ANY REASONABLE MANNER
- INCLUDE A PROMISE TO SHIP GOODS OR A SHIPMENT OF CONFORMING OR NON-CONFORMING GOODS.
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
1
UCC - RESULT OF VARYING TERMS WHEN BOTH PARTIES NOT MERCHANTS
- VARYING TERMS OF ACCEPTANCE WILL NOT BE INCLUDED IN THE CONTRACT.
1
UCC - RESULT OF VARYING TERMS WHEN BOTH PARTIES NOT MERCHANTS
- VARYING TERMS OF ACCEPTANCE WILL NOT BE INCLUDED IN THE CONTRACT.
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.
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
UCC 2-508 BREACHING SELLER’S RIGHT TO CURE - BREACHING SELLER HAS RIGHT ABSOLUTE RIGHT TO CURE WITHIN CONTRACT PERIOD IF
- NOTICE IS GIVEN OF INTENT TO CURE
2
UCC 2-508 - BREACHING SELLER WHO HAS SHIPPED NON-CONFORMING GOODS HAS EXTRA REASONABLE PERIOD TO CURE WHERE
- NOTICE IS GIVEN OF INTENT TO CURE
- NON-CONFORMING GOODS ARE SHIPPED WITH REASONABLE BELIEF OF THEIR CONFORMITY
2
RIGHTS OF BREACHING SELLER WHO GIVES NOTICE OF INTENT TO CURE IMPROPER TENDER UNDER THE UCC
- ABSOLUTE RIGHT TO CURE WITHIN THE CONTRACT PERIOD
- AND REASONABLE EXTRA PERIOD OF IF NONCONFORMING GOODS WERE SHIPPED WITH A REASONABLE BELIEF OF THEIR SATISFACTORY NATURE.
2
UCC 2-704 NON-BREACHING SELLER’S RIGHT TO COMPLETE GOODS INTENDED FOR BREACHING BUYER
- SELLER MAY FINISH GOODS IF REASONABLY BELIEVES CAN SELL TO ANOTHER BUYER
- OR SCRAP EFFORTS AND CEASE PRODUCTION
1
UCC 2-704 NONBREACHING BUYER’S CHOICE TO CONTINUE PRODUCTION FOR BREACHED CONTRACT IS BASED ON
- REASONABLE BUSINESS PERSON STANDARD
3
UCC ACTION ON THE PRICE TRIGGERS
- BUYER HAS GOODS AND WONT PAY
- OR SELLER MAKES REASONABLE EFFORT TO RESELL GOODS AND CAN’T
- OR RESALE OF GOODS WOULD BE FUTILE
2
SUFFICIENT OFFER UNDER UCC 2
- UNDER UCC 2, AN OFFER MUST IDENTIFY THE PARTIES
- AND THE QUANTITY
2
UCC SELLER’S ACTION ON THE PRICE REMEDY IF BUYER FAILS TO PAY FOR GOODS WHEN PAYMENT BECOMES DUE
- SELLER MAY RECOVER CONTRACT PRICE FOR GOODS
- PLUS INCIDENTAL DAMAGES
3
EXCEPTIONS TO THE UCC SOF
- SPECIALTY MADE GOODS
- WHERE PARTY TO BE BOUND ADMITS EXISTENCE OF AGREEMENT IN A LEGAL DOCUMENT
- PARTIAL PERFORMANCE
2
UCC STATUTE OF FRAUDS - IF BOTH PARTIES ARE MERCHANTS, THE WRITING REQUIREMENT MAY BE SATISFIED BY
- SALES CONFIRMATION LISTING QUANTITY
- NOT OBJECTED TO WITHIN 10 DAYS
6
UCC TERMS MATERIALLY ALTERING CONTRACT
- WARRANTY DISCLAIMERS
- CHANGE TO PRICE, QUALITY, QUANTITY
- DISPUTE RESOLUTION
- CLAUSES CHANGING INDUSTRY STANDARDS
- CLAUSES CHANGING STANDARDS OF PRIOR DEALINGS
- ATTORNEY’S FEES PROVISIONS
5
UCC 2-706 - NON-BREACHING SELLER’S REMEDY IN RECEIPT REJECTED BUT CONFORMING GOODS
- SELL THE GOODS AT A PRIVATE OR PUBLIC SALVAGE SALE
- AFTER NOTICE TO BREACHING BUYER
- DEMAND EXCESS OF CONTRACT PRICE OVER SALVAGE SALE PRICE
- PLUS INCIDENTAL EXPENSES
- MINUS EXPENSES SAVED FROM BREACH
3
ULTRA VIRES ACTS
- ACTS OUTSIDE THE CORPORATION’S REGISTERED PURPOSE
- MODERNLY, GENERALLY NOT ENFORCEABLE
- SHAREHOLDER MAY ENJOIN (FACT PATTERN REALITY)
2
UNDER FRCP, A MENTAL OR PHYSICAL EXAMINATION IS APPROPRIATE WHERE
- GOOD CAUSE EXISTS FOR THE EXAMINATION
- PARTY’S MENTAL OR PHYSICAL STATE IS AT ISSUE
3
UNDER FRCP, GOOD CAUSE EXISTS FOR AN EXAMINATION WHERE
- LOGICAL RELEVANCE
- LEGAL RELEVANCE
- EXAMINATION NOT OVERLY INSTRUSIVE
2
UNDER THE BEST EVIDENCE RULE, WHERE A WITNESS’ KNOWLEDGE EXISTS SOLELY FROM A DOCUMENT, THAT DOCUMENT
- MUST BE ADMITTED
- UNLESS THE ABSENCE OF THE DOCUMENT IS EXPLAINED OR EXCUSED
2
UNDER THE BEST EVIDENCE RULE, ORAL TESTIMONY IS OK TO PROVE CONTENTS OF A WRITING ONLY WHERE ORIGINAL WRITING WAS
- LOST OR
- DESTROYED
6
UNDER THE BEST EVIDENCE RULES, ORIGINAL DOCUMENTS DO NOT NEED TO BE ADMITTED WHERE THEY HAVE BEEN
- LOST OR DESTROYED
- OFFERED FOR INSPECTION
- OUT OF JURISDICTION
- VOLUMINOUS
- IN CONTROL OF THE OTHER PARTY
- KEPT IN THE REGULAR COURSE OF BUSINESS
1
UNDER THE UCC, CONDITIONED ACCEPTANCE IS NOT
- ACCEPTANCE
5
UNDER TORT LAW, NO DUTY TO RESCUE OTHERS FROM HARM EXISTS UNLESS
- STATUTE
- CONTRACT
- RELATIONSHIP
- PLACED IN PERIL
- ASSUMPTION
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
1
UNIFORM PRUDENT INVESTOR ACT - FOR TRUST INVESTMENTS - THE STRATEGY OF RISK AND RETURN OBJECTIVE SHOULD BE
- REASONABLY SUITED TO THE TRUST
3
MINORITY VIEW - UNILATERAL MISTAKE WILL VOID THE CONTRACT WHERE
- MISTAKE IS DISCOVERED BEFORE NON-MISTAKEN PARTY DETRIMENTALLY RELIES ON THE CONTRACT
- NOTICE OF THE MISTAKE IS PROMPTLY GIVEN
- REIMBURSEMENT MADE FOR EXPENSES CAUSED BY THE MISTAKE.
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
1
UNLESS OTHERWISE AGREED, LIMITED PARTNERS IN A LIMITED PARTNERSHIP DO NOT HAVE THESE
- FIDUCIARY DUTIES
3
UNMARRIED COHABITANTS - METHODS COURTS USE TO ALLOCATE PROPERTY OF COHABITANTS
- CONTRACT PRINCIPALS
- QUASI-CONTRACT
- TRUSTS
2
UNSOLD VS. SOLD STOCK SHARES
- UNSOLD SHARES ARE AUTHORIZED AND UNISSUED
- SOLD SHARES ARE ISSUED AND OUTSTANDING
4
UNVAILABITY IS REQUIRED FOR THESE HEARSAY EXCEPTIONS
FAD PINKERTON
- FORMER TESTIMONY
- STATEMENT AGAINST INTEREST
- DYING DECLARATION
- STATEMENT OF PERSONAL OR FAMILY HISTORY
1
UNIFORM PRUDENT INVESTOR ACT - MANAGEMENT OF TRUST INVESTMENTS - PRODUCTIVITY OF INVESTMENT IS MEASURED BY
- PORTFOLIO PERFORMANCE AS A WHOLE
1
USING CONTINUOUS AND SYSTEMATIC ACTIVITY TO TRIGGER PERSONAL JURISDICTION ALSO REQUIRES THAT
- THE CLAIM IS A RESULT OF THE CONTINUOUS AND SYSTEMATIC ACTIVITY.
2
UTTERING
- UTTERING IS THE CRIME OF USING A KNOWN FORGED DOCUMENT
- WITH THE INTENT TO DEFRAUD
2
VALID WILL - INTERESTED WITNESSES CREATING REBUTTABLE PRESUMPTION OF INTENT IS REBUTTED WHERE
- TWO OTHER DISINTERESTED WITNESSES PRESENT
- WITNESSES ARE PRESENT IN FIDUCIARY CAPACITY
2
VALID WILL - INTERESTED WITNESSES - CONSEQUENCE WHEN PRESUMPTION OF FRAUD, UNDUE INFLUENCE ETC. NOT REBUTTED
- ONLY INTERESTED WITNESS’ PORTION OF WILL INVALIDATED
- INTERESTED WITNESSES TAKE INTESTATE SHARE
4
VALID WILL - INTERESTED WITNESSES TO WILL CREATE REBUTTABLE PRESUMPTION OF
- FRAUD
- MENACE
- UNDUE INFLUENCE
- DURESS
2
VALID WILL - SIGNING REQUIREMENTS - WILL MUST BE EXECUTED BY
- TESTATOR OR
- SOMEONE AT TESTATOR’S DIRECTION IN TESTATOR’S PRESENCE
2
VALID WILL - WILL STILL VALID W/NO WITNESSES WHERE THE WILL PROPONENT CAN PROVE
- TESTAMENTARY INTENT
- WITH CLEAR AND CONVINCING EVIDENCE
5
VALID WILL - WITNESS REQUIREMENTS
- TWO PEOPLE
- KNOW DOCUMENT IS A WILL
- BOTH PRESENT AT SIGNING OR ACKNOWLEDGEMENT
- UNNECESSARY TO SIGN AT SAME TIME
- UNNECESSARY TO SIGN IN EACH OTHER’S PRESENCE
3
VALID WILL REQUIREMENTS
- PRESENT TESTAMENTARY INTENT
- CAPACITY
- COMPLIANCE WITH REQUISITE FORMALITIES
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
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
VENUE IS PROPER WHERE CLAIM AROSE - CALIFORNIA
- COUNTY WHERE CLAIM AROSE
- COUNTY WHERE LAND IN DISPUTE IS LOCATED
2
FEDERAL VENUE IS PROPER IN THE THE DISTRICT WHERE
- INJURY OCCURRED
- LAND IN DISPUTE IS LOCATED
1
VENUE IS PROPER WHERE DEFENDANT RESIDES VS. WHERE THE DISPUTED PROPERTY IS LOCATED IN THESE TYPE OF ACTIONS- FEDERAL
- TRANSITORY ACTIONS
1
VERBAL ACTS
- HAVE INDEPENDENT LEGAL SIGNIFICANCE
1
VESTING FOR INTEREST IN REAL ESTATE
- GRANTS IMMEDIATE RIGHT TO PRESENT OR FUTURE INTEREST IN AN ESTATE
1
VESTING FOR INTEREST IN REAL ESTATE
- GRANTS IMMEDIATE RIGHT TO PRESENT OR FUTURE INTEREST IN AN ESTATE
4
CATEGORIES OF PARTIES WHO
VIOLATE 10b-5 (INSIDE TRADING)
- DIRECT TRADING INSIDER
- TIPPER
- TIPPEES
- MISSAPPROPRIATORS
VOLUNTARY ACTS ARE ACTIONS THAT ARE
- CONSCIOUS
- VOLITIONAL
2
VOLUNTARY DISSOLUTION OF A CORPORATION MUST BE APPROVED BY
- MAJORITY OF VOTING SHAREHOLDERS
- BOARD OF DIRECTORS WHERE CORP INSOLVENT
4
VOLUNTARY MANSLAUGHTER
- AN INTENTIONAL HOMICIDE
- COMMITTED WITHOUT MALICE AFORETHOUGHT
- RESULTING FROM ADEQUATE PROVOCATION
- OR OTHER MITIGATING FACTORS.
1
VOLUNTARY WASTE
- DELIBERATE, DESTRUCTIVE ACT
3
WAIVED DEFENSES WHEN MOTION TO QUASH NOT PROPERLY FILED
- INSUFFICIENT PROCESS
- INSUFFICIENT SERVICE OF PROCESS
- LACK OF PERSONAL JX
1
WAIVER OF COMPETENCY
- COMPETENCY CANNOT BE WAIVED BY ANY CLIENT UNDER ANY CIRCUMSTANCES
2
WAIVER OF CONDITION OCCURS WHEN
- A CONDITION PRECEDENT FAILS
- BUT PROMISOR PERFORMS CONTRACT DUTY ANYWAY
1
WAIVER OF LIABILITY OF ATTORNEY THROUGH FEE AGREEMENT IN EXCHANGE FOR REDUCED FEE
- OK WHERE CLIENT HAS INDEPENDENT COUNSEL BEFORE SIGNING FEE AGREEMENT
3
WAIVER OF MIRANDA MUST BE MADE
- VOLUNTARILY
- KNOWINGLY
- INTELLIGENTLY
2
SPOUSAL SUPPORT MAY BE WAIVED THROUGH PREMARITAL AGREEMENT IF
- AGREEMENT IS NOT UNCONSCIONABLE
- IF WAIVING SPOUSE REPRESENTED BY HER OWN COUNSEL WHEN SIGNING AGREEMENT
2
SPOUSAL SUPPORT MAY BE WAIVED THROUGH PREMARITAL AGREEMENT IF
- AGREEMENT IS NOT UNCONSCIONABLE
- IF WAIVING SPOUSE REPRESENTED BY HER OWN COUNSEL WHEN SIGNING AGREEMENT
5
WARRANT EXCEPTIONS
- SILA
- PLAIN VIEW DOCTRINE
- AUTOMOBILE EXCEPTION
- EXIGENT CIRCUMSTANCES/HOT PURSUIT
- CONSENT
3
WARRANT FORMALITY REQUIREMENTS - OFFICER SUBMITS
- AFFADAVIT
- WITH DESCRIPTION OF PARTICULARS OF PREMISES TO BE SEARCHED
- DESCRIPTIONS OF ITEMS TO BE SEIZED.
2
WARRANT REQUIREMENTS FOR EAVEDROPPING AND WIRETAPPING
- WIRETAPPING AND EAVESDROPPING REQUIRE A WARRANT
- BUT COMMMUNICATION ASSUMES A RISK THAT RECIPIENT IS BEING WIRETAPPED OR EAVESROPPED.
4
WARRANT REQUIREMENTS FOR WIRETAP
- PROBABLE CAUSE
- NAME SUSPECT
- NAME PARTICULAR CONVERSATION TO BE OVERHEAD
- SHORT TIME PERIOD
3
WASTE BY THE PRESENT INTEREST HOLDER REAL PROPERTY - ELEMENTS
- INJURY TO REAL PROPERTY
- COMMITTED BY PRESENT INTEREST HOLDER
- AGAINST FUTURE INTEREST HOLDER
1
WATER RIGHTS - CIVIL LAW RULE
- OWNER HAS STRICT LIABILITY FOR INTERFERENCE WITH NATURAL WATERWAYS
1
WATER RIGHTS - COMMON ENEMY APPROACH
- OWNER MAY CAST REMOVED WATER ON TO NEIGHBOR’S LAND.
1
WATER RIGHTS - REASONABLE USE DOCTRINE
- OWNER MAY USE WATER IN A REASONABLE MANNER.
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.
WHAT DEFENSE MAY BE USED IN STRICT PRODUCT’S LIABILITY ACTION THAT RESTS ON THE PLAINTIFF’S ACTIONS?
- ASSUMPTION OF RISK
- ALTERATION OF PRODUCT
- MISUSE
1
WHAT IS A PRIMARY RIGHT?
1) PLAINTIFF’S RIGHT TO BE FREE FROM A PARTICULAR INJURY.
3
WHO IS AN ASSIGNEE
- A PARTY ASSIGNED PROMISEE’S CONTRACT RIGHTS
- BY PROMISEE’S CLEAR EXPRESSION OF INTENT TO ASSIGN RIGHTS
- WHO MAY SEEK DAMAGES FOR BREACH FROM PROMISOR
2
WHAT IS THE DIFFERENCE BETWEEN FALSE PRETENSE CRIME AND LARCENY BY TRICK?
- LARCENY BY TRICK IS TO OBTAIN POSSESSION
- FALSE PRETENSES CRIME IS TO OBTAIN TITLE.
2
WHAT IS THE STANDARD FOR APPREHENSION OF IMMINENT HARMFUL OR OFFENSIVE CONTACT IN ASSAULT TORT?
- REASONABLE PERSON STANDARD
- UNLESS DEFENDANT HAS NOTICE OF PLAINTIFF’S SPECIFIC VULNERABILITY
1
WHAT TYPE OF SELLER MAY NOT BE LIABILE IN A STRICT PRODUCT’S LIABILITY ACTION
- A ONE TIME NON MERCHANT SELLER
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
1
WHEN AN ARREST IS MADE (WITH OR WITHOUT WARRANT) THE ARRESTING OFFICERS MUST HAVE
- PROBABLE CAUSE
2
WHEN AN ATTORNEY-CLIENT RELATIONSHIP IS FORMED
- WHEN A POTENTIAL CLIENT APPROACHES A LAWYER ABOUT POSSIBLE REPRESENTATION
- EVEN WHEN NEVER RETAINS LAWYER
2
16B GOVERNANCE OF SHORT SWING PROFITS
OFFICERS & DIRECTORS
VS.
10 PERCENT OR MORE SHAREHOLDERS
- OFFICERS & DIRECTORS - IN POSITION AT EITHER TIME OF SALE OR PURCHASE
- 10 PERCENT SHAREHOLDERS - IN POSITION AT BOTH PURCHASE AND SALE
WHEN CAN A NEEDLESSLY SUGGESTIVE INDENTIFICATION OF A CRIMINAL SUSPECT BE ADMISSIBLE
- IT IS RELABLY BASED ON A TOTALITY OF CIRCUMSTANCES
1
WHEN EVALUATING DOUBLE JEOPARDY, DO THIS WITH THE CRIME’S ELEMENTS
- MATCH THEM TO THE CHARGES.
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
1
WHEN IS PRELIMINARY INJUNCTION ISSUED
- PRIOR TO FINAL JUDGMENTS ON THE MERITS OF THE CASE
4
WHEN IS TERMINATION OF REPRESENTATION NECESSARY?
- WHERE WILL CAUSE VIOLATION OF RULES OR LAW
- FRIVILOUS LITIGATION
- PHYSICAL OR MENTAL CONDITION MATERIALLY IMPAIRS REPRESENTATION
- LAWYER IS DISCHARGED
1
WHEN IS THIRD PARTY CONSENT SUFFICIENT FOR A VALID SEARCH?
- POLICE REASONABLY BELEIVE PERSON HAS JOINT CONTROL OR USE OF PREMISES
4
AN ATTORNEY ENTER INTO BUSINESS TRANSACTION WITH CLIENT WHERE TRANSACTION IS
- FAIR AND REASONABLE
- TERMS ARE COMMUNICATED IN EASILY UNDERSTANDABLE MANNER
- CLIENT CONSENTS IN WRITING
- CLIENT IS ADVISED TO SEEK INDEPENDENT COUNSEL
1
WHEN MAY AN ATTORNEY WITH INSUFFICIENT SKILL ADVISE OR ASSIST?
- IN A TRUE EMERGENCY TO THE EXTENT REASONABLY NECESSARY
2
WHEN MAY CORPORATE OFFICER OR DIRECTOR PERSONALLY ACCEPT BUSINESS OPPORTUNITY?
- AFTER FULL DISCLOSURE OF MATERIAL FACTS TO BOARD OF DIRECTORS.
- BOARD VOTES AND MAKES GOOD FAITH REJECTION
2
WHEN MAY THE GOVERNMENT GRANT VARIANCE ON ZONING ORDINANCES?
- UNDUE HARDSHIP
- VARIANCE WON’T WORK DETRIMENT TO SURROUNDING PROPERTY VALUES
4
WHEN MAY THE POLICE DETAIN A PERSON FOR QUESTIONING
- REASONABLE SUSPICION
- BASED ON SPECIFIC AND ARTICULABLE FACTS
- THAT CRIMINAL ACTIVITY MAY BE AFOOT
- OR DETAINEE PREVIOUSLY COMMITTED A CRIME.
3
WHEN MAY THE POLICE DETAIN OCCUPANTS OF PREMISES WHERE A LEGAL SEARCH IS BEING CONDUCTED?
- WHILE SEARCH IS CONDUCTED
- EVEN WITHOUT PROBABLE CAUSE
- OR REASONABLE SUSPICION
1
WHEN MULTIPLE CAUSES FOR INJURY, MANY JURISDICTIONS USE
- JOINT AND SEVERAL LIABILITY
1
WHEN SENTENCING TO DEATH, JURY MUST CONSIDER
- MITIGATING CIRCUMSTANCES
2
WHEN TO USE CONSTRUCTIVE TRUST AS EQUITABLE REMEDY
- WHEN VALUE OF WRONGFULLY TAKEN PROPERTY HAS GONE UP (PLAINTIFF TAKES INCREASE)
- WHERE FUNDS ARE NOT COMMINGLED
2
WHEN TO USE EQUITABLE LIEN
- WHEN VALUE OF WRONGFULLY TAKEN PROPERTY GOES DOWN
- WHEN FUNDS ARE COMMINGLED
1
WHERE DEFAMATORY STATEMENT IS OF PUBLIC INTEREST, BURDEN OF PROOF IS ON
- PLAINTIFF TO PROVE FALSITY
1
WHERE GRAND JURY POOL IS SELECTED IN A RACIALLY DISCRIMINATORY MANNER, HOW WILL THIS AFFECT A SUBSEQUENT CONVICTION
- CONVICTION WILL BE OVERTURNED
2
WHERE IS LAWYER’S PECUNIARY INTEREST IN LITIGATION ALLOWED
- ONLY ALLOWED AS LIEN TO SECURE FEES
- OR CONTINGENCY INTEREST
5
WHAT TYPES OF INTERESTS CREATE A CONFLICT WHERE LAWYER NOT ACCEPT OR CONTINUE REPRESENTATION OF A CLIENT?
- LEGAL
- BUSINESS
- FINANCIAL
- PROFESSIONAL
- PERSONAL
1
WHERE SELLER MAKES MORE MONEY IN RESALE OF WRONGFULLY REJECTED CONFORMING GOODS, PROFIT BELONGS TO
- SELLER
2
WHICH BRANCH OF GOVERNMENT ESTABLISHES EXERCISE OF APPELLATE JURISDICTION?
- CONGRESS MAY ESTABLISH BY LAW
- THE MANNER IN WHICH APPELLATE JURISDICTION IS EXERCISED.
1
WHICH INTENTIONAL TORT IS EXEMPT FROM TRANSFERRED INTENT?
- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
4
WHO ARE CORPORATE INSIDERS?
- OFFICERS
- DIRECTORS
- SHAREHOLDERS
- THOSE WITH MATERIAL, CONFIDENTIAL INFORMATION ABOUT CORPORATION.
2
WHO CAN USE COLLATERAL ESTOPPEL
- FED - MUTUALITY REQUIRED (PARTY OR PRIVY TO FORMER CASE)
- CA - STRANGERS ALLOWED.
4
WHO IS A CORPORATE INSIDER?
- DIRECTOR
- OFFICER
- SHAREHOLDER
- ANY OTHER HOLDER OF MATERIAL, NONPUBLIC COPRORATE INFORMATION
1
WHO IS A LICENSEE
- ANYONE WITH THE LAND POSSESSOR’S IMPLIED OR EXPRESS LEAVE TO BE ON PREMISES.
2
WHO IS AN INVITEE
- ANYONE WHO COULD POSSIBLY CONFER AN ECONOMIC BENEFIT ON LAND POSSESSOR
- ANYONE WHO IS ON THE COMMON AREA HELD OUT TO THE PUBLIC
1
WHO MAY BE A PLAINTIFF IN A STRICT PRODUCT’S LIABILITY ACTION
- ANYONE PROXIMATELY AND ACTUALLY CAUSED BY AN UNREASONABLY DANGEROUS DEFECTIVE PRODUCT.
WHO MAY BE LIABLE FOR STRICT PRODUCT LIABILITY?
- MANUFACTURER
- DISTRIBUTER
- WHOLESALER
- RETAILER
2
WHO MAY BRING A PUBLIC NUISANCE CLAIM
- TYPICALLY GOVERNMENT ACTORS
- PRIVATE PARTIES CAN BRING ACTION WHERE THEY SUFFERED UNIQUE DAMAGES.
5
WHO MAY CLAIM BREACH OF IMPLIED WARRANTY OF MERCHANTIBILITY
- BUYER
- BUYER’S FAMILY
- BUYER’S EMPLOYEE
- LEASEE’S OF PROPERTY
- ANYONE IN VERTICAL PRIVITY
2
WILD DEED IS A DEED RECORDED IN SUCH A WAY THAT
- A REASONABLE SEARCH COULD NOT YIELD RESULTS
- AND WILL NOT AMOUNT TO CONSTRUCTIVE NOTICE
7
WILL PARAGRAPH
WHY DID EVERYBODY VALIDATE THE CRAPPY FART??
- A WILL IS A WRITTEN INSTRUMENT
- DICTATING HOW A PERSON’S ESTATE IS TO BE DISTRIBUTED UPON DEATH.
- EFFECTIVE UPON THE DEATH OF ITS AUTHOR, THE TESTATOR.
- FOR A WILL TO BE VALID, THERE MUST BE
- PRESENT TESTAMENTARY INTENT,
- CAPACITY.
- AND IT MUST ALSO MEET ALL REQUIRED FORMALITIES.
3
WILLS - CALIFORNIA WILL CONSTRUE CHILD TO MEAN
- NATURALLY BORN CHILD FROM MARRIAGE
- CHILD BORN OUT OF WEDLOCK
- ADOPTED CHILD
1
WITHDRAWAL REQUIREMENT ONCE CASE IS IN ACTIVE LITIGATION
- COURT APPROVAL
1
WRITING REQUIREMENT FOR FEES - ABA
- FEE AGREEMENT MUST BE IN WRITING
2
WRITING REQUIREMENT FOR FEES (CA)
- ALWAYS FOR CONTINGENCY CASES
- NON-CONTINGENCY CASES - WHERE REASONABLY FORESEEABLE THAT FEES WILL EXCEED 1K
1
ZONE OF DANGER IS THE ZONE WHERE
- PLAINTIFF WAS AT REASONABLY AT RISK FROM INJURY RESULTING FROM DEFENDANT’S CONDUCT.
1
TRESSPASS TO LAND - LIABILITY ARISES WHERE DEFENDANT
- INTENTIONALLY CAUSES ENTRY ONTO, UNDER, OR ABOVE PLAINTIFF’S LAND WITHOUT AUTHORIZATION
1
ALLEGATIONS OF MINOR CHILD CEC HEARSAY EXCEPTION
- EVIDENCE OF A STATEMENT BY A MINOR CHILD IF OFFERED IN CERTAIN ACTIONS AGAINST A PERSON ALLEGED TO HAVE INJURED THE CHILD.
2
STATE OF MIND EXCEPTION TO HEARSAY RULE
- DECLARANT’S MOTIVE, INTENT, PLAN
- DECLARANT’S PAIN OR BODILY FEELING
5
TYPES OF EASEMENTS
- EXPRESS CREATION
- CREATION BY IMPLICATION
- CREATION BY NECESSITY
- CREATION BY PRESCRIPTION
- CREATION BY ESTOPPEL
2
UCC 2-201 SOF EXCEPTION FOR PARTIAL PERFORMANCE - GOODS HAVE BEEN
- ACCEPTED
- ACCEPTED AND PAID FOR
4
(IMPLIED SERVITUDE) A COMMON DEVELOPMENT SCHEME MAY BE FOUND WHERE
- LARGE PERCENT OF LOTS LARGELY BURDENED
- ORAL REPRESENTATIONS TO BUYERS
- STATEMENTS ON WRITTEN ADVERTISEMENTS, BROCHURES
- RECORDED PLAT MAPS OR DECLARATIONS
2
NEGATIVE RECIPROCAL EASEMENT
DR CAC
- DECLARATION RECORDED
- COMMON TRACT
- AFFECTING LAND
- CONTAINS COVENANTS, CONDITIONS, RESTRICTIONS
2
UCC EXCEPTION TO PAROL EVIDENCE RULE
- PRIOR DEALINGS
- OR COURSE OF TRADE
1
EXCEPT TO THE NON-APPEALABILITLY OF REMAND ORDERS
- DISCRETIONARY EXERCISE OF SUPPLEMENTAL JURISDICTION
3
GOVERNMENT MAY DISCRIMINATE BY PASSING LAWS THAT ARE
- FACIAL DISCRIMINATORY
- HAVE A DISCRIMINATORY MOTIVE
- HAVE A DISCRIMINATORY APPLICATION
:
2
SUBSTANTIAL IMPAIRMENT STANDARD FOR REJECTING NON-CONFORMING GOODS IN AN INSTALLMENT CONTRACT
- ONLY SUBSTANTIAL IMPAIRMENT ALLOWS REJECTION
- BUYER MAY DEDUCT THE LOSSES CAUSED BY NON-CONFORMITY FROM AMOUNT OWED TO SELLER
1
A BUYER CAN CANCEL AN INSTALLMENT CONTRACT ONLY WHERE
- NONCONFORMITY WITH RESPECT TO ONE OR MORE INSTALLMENTS SUBSTANTIALLY IMPAIRS VALUE OF WHOLE CONTRACT.
1
INDEPENDENT MEDICAL EXAMS ARE CONSIDERED _____ BY FEDERAL COURTS AND WILL THEREFORE BE REQUIRED IN ALL FEDERAL CASES WHERE GOOD CAUSE AND OTHER APPLICABLE REASONS APPLY.
- PROCEDURAL LAW
1
SUBJECTIVE STANDARDS
- PLAINTIFF’S KNOWLEDGE AND APPRECIATION OF RISK FOR ASSUMPTION OF RISK
OBJECTIVE STANDARDS
OFFENSIVE NATURE OF TOUCHING FOR BATTERY
INTERFERENCE WITH PLAINTIFF’S USE AND ENJOYMENT OF HIS LAND FOR NUISANCE
6
VALID WILL
- A will is a written instrument dictating how a person’s estate is to be distributed, becoming effective upon the testator’s death.
- To be valid, a will must be made with present testamentary intent and capacity.
- Testamentary intent may be inferred by signature, specific bequests or other extrinsic evidence.
- A valid will must also comply with requisite formalities. The specific formalities will depend on whether the will is an attested will or a holographic will.
- Attested wills are signed by the testator or at his direction and two competent, disinterested witnesses to the signing.
- A holographic will is handwritten and unattested. In California, holographic wills are valid if the signature and material provisions of the will are in testator’s handwriting.
4
Scope of Appellate Court’s Review:
- ERRORS MUST BE ON THE TRIAL RECORD TO BE REVIEWED.
- FACTUAL FINDINGS REVIEWED ONLY WHERE CLEAR ERRORS
- JUDGE’S OTHER DERMMINATIONS REVIEWED FOR ABUSE OF DISCRETION
- CONCLUSIONS OF LAW WILL BE REVIEWED DE NOVO
4
Constructive Trust:
- EQUITABLE REMEDY POSED WHERE LEGAL DAMAGES INSUFFICIENT
- PLAINTIFF CAN TRACE UNJUST GAIN AS SOLE SOURCE OF DEFENDANT’S TITLED PROEPRTY
- CONSTRUCTIVE TRUST TAKES LEGAL TITLE TO PROPERY
- DEFENDANT IS TRUSTEE FOR PURPOSE OF TRANSFERRING PROPERTY TO PLAINTIFF
2
DAMAGES FOR MISREPRESENATION REQUIRE PROOF OF
- ACTUAL DAMAGES
- CAUSED BY PLAINTIFF’S RELIANCE ON MISREPRESENTATION
2
DAMAGES FOR MISREPRESENATION ARE MEASURED BY
- PLAINTIFF’S PECUNIARY LOSS OR
- VALUE OF EXPECTED BENEFIT OF THE BARGAIN.
5
CONTROL BY COURT: TRIAL JUDGE HAS DISCRTION TO
- REGULATE MANNER AND ORDER OF PROOF
- EXERCISE REASONABLE CONTROL AS NEEDED
- MAKE INTERROGTAIONS AS EFFICIENT AND EFFECTIVE AS NEEDED
- FOR ASCERTAINMENT OF TRUTH AND
- PROTECTING WITNESSES FROM UNDUE EMBARASSMENT.
4
GOVERNMENT MAY REGULATE SYMBOLIC SPEECH WHERE
SUPER SEXY NUTS
- the regulation is not related to suppression of the message,
- it is substantially related to a government purpose and
- it burdens no more of the speech than necessary to accomplish its objective.
2
LEAST RESTRICTIVE MEANS RULE - UNDER THE LEAST RESTRICTIVE MEANS RULE, A GOVERNMENT LAW MUST
- BE FRAMED TO IMPINGE ON TEH LEAST AMOUNT OF CIVIL LIBERTIES POSSIBLE
- WHILE ACHIEVING ITS OBJECTIVE.
4
COMMERCE CLAUSE
- grants congress the power to regulate the channels instrumentalities activities and persons affecting interstate commerce.
5
SCOPE OF APPELLATE COURT’S REVIEW
- ERRORS MUST BE ON THE RECORD OF THE TRIAL COURT PROCEEDING
- FACTUAL FINDINGS REVIEWED ONLY WHERE CLEAR ERROR
- FACTS MAY BE REVIEWED IF BENCH TRIAL
- JUDGE’S OTHER DISCRETIONARY DETERMINATIONS ONLY WHERE CLEAR ABUSE OF DISCRETION
- CONCLUSIONS OF LAW REVIEWED DE NOVO
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RULE 11 - ATTORNEY WHO FILES A PLEADING IN FEDERAL COURT WARRANTS THE PLEADING
- HAS NOT BEEN FILED FOR AN IMPROPER PURPOSE
- SUPPORTED BY EXISTING LAW, SEEKS TO MODIFY LAW, OR MAKE NEW LAW
- CONTENTIONS ARE BASED ON EVIDENTIARY SUPPORT OR WILL LIKELY HAVE EVIDENTIARY SUPPORT AFTER FURTHER DISCOVERY
- DENIALS ARE WARRANTED BY EVIDENCE OR REASONABLY BASED ON LACK OF BELIEF OR INFORMATION.
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CONSEQUENCE OF FEDERAL LAW AND STATE LAW REGARDING COMMERCE BEING IN CONFLICT
- FEDERAL LAW INVALIDATES STATE LAW DUE TO SUPREMACY CLAUSE
- IF NO CONFLICT, FEDERAL LAW MAY STILL PREEMPT STATE LAW BY OCCUPYING THE FIELD
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WHEN CAN A STATE LAW REGULATE COMMERCE
- LOCAL ASPECTS OF COMMERCE
- CONGRESS HAS BEEN SILENT ON THE MATTER
- REGULATION IS NOT DISCRIMINATORY
- DOES NOT UNDULY BURDEN INTERSTATE COMMERCE
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RACE STATUTE
- FIRST TO RECORD WINS
- NOTICE IS IRRELEVANT
On the MBE, a race statute will look as follows: “No conveyance or mortgage of an interest in land is valid against any subsequent purchaser whose conveyance is first recorded.
DORMANT COMMERCE CLAUSE REVIEW STANDARDS
NON-DISCRIMINATORY STATE LAW VIOLATES DCC IF IT
- BURDENS INTERSTATE COMMERCE
- BURDEN OUTWEIGHS BENEFITS
FACIALY DISCRIMINATORY STATE LAW VIOLATES DCC IF IT
- NOT NECESSARY TO ACHIEVE AN COMPELLING GOVT PURPOSE
- LESS DISCRIMINATORY MEANS ARE AVAILABLE
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RACE-NOTICE STATUTE
- LAST BFP WITHOUT NOTICE OF PRIOR UNRECORDED INTEEST
- WHO RECORDS BEFORE PRIOR UNRECORDED INTEREST WINS.
On the MBE, a race-notice statute looks as follows: “No conveyance or mortgage of an interest in land is valid against any subsequent purchaser for value without notice thereof whose conveyance is first recorded.
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NOTICE STATUTE
- LAST BFP WITHOUT NOTICE WINS
On the MBE, a notice statute will look as follows: “No conveyance or mortgage of an interest in land is valid against any subsequent purchaser for value without notice thereof, unless it is recorded.”
Evidence - Ways to Impeach - 2 I’s 4 Ceeing
I:Interest or bias
I:Inconsistent statement and conduct
C=Contradiction by other witness or evidence
C=Conviction of a crime
C=Character for truthfulness
C=Capacity to observe, recal, relate
ADVERSE POSSESSION REQUIRES
O=Open
C=Continuous
E=Exclusive
A=Adverse
N=Notorious
S=Statutory period of 20 years
FOUR UNITIES FOR ADVERSE POSSESSION
PITT
POSSESSION
INTEREST
TITLE
TIME
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OUT OF COURT STATEMENTS ARE NOT HEARSAY WHERE THEY ARE
VAVOELISM
- OFFERED FOR IMPEACHMENT
- VERBAL ACTS OR PARTS OF ACTS
- OFFERED TO SHOW EFFECT ON LISTENER
- VERBAL OBJECTS
- CIRCUMSTANTIAL STATE OF MIND
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CRAPPED WITE FIB
CONGRESS’ ENUMERATED POWERS
- COMMERCE
- REVENUE RAISING BY TAX
- ALIEN NATURALIZATION
- POST OFFICE
- PROPERTY POWER
- ELECTIONS, FEDERAL
- DISTRICT OF COLUMBIA
- WAR POWERS
- INVESTIGATORY POWERS
- TREATY POWER (RATIFICATION)
- ENFORCEMENT OF CIVIL RIGHTS (13,14,15TH AMENDMENTS)
- FISCAL POWER
- INFERIOR COURT REGULATION
- BANKRUPTCY
Congress requires a 2/3 vote only when drinking a TEA I.V.
T – For the Senate to ratify a Treaty
E – To Expel a member from either House of Congress
A – To propose an Amendment to the Constitution (2/3 vote in each House)
I – For the Senate to convict an Impeached official (2/3 of those present)
V – For both Houses to override a Presidential Veto
CATS
Prey on Mice
Partially By Miles
Going Where they
Are Property Sized
California is a community property (CP) state.
Property acquired during the marriage is presumptively CP.
Property acquired before the marriage,
by gift, will, or inheritance,
or after termination of marriage, or income acquired from
such property is presumptively separate property (SP).
CEC ALLOWS A PRIOR INCONSISTENT STATEMENT BE USED TO
(a) The witness was so examined while testifying as to give him an opportunity to explain or to deny the statement; or
(b) The witness has not been excused from giving further testimony in the action.
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OFFENSIVE NON-MUTUAL COLLATERAL ESTOPPEL IS ALLOWED WHERE
- ISSUE WAS LITIGATED AND DETERMINED IN PRIOR SUIT
- ISSUE WAS ESSENTIAL TO JUDGMENT
- FINAL JUDGMENT ON THE MERITS
- PARTY WHOM AGAINST PRECLUSION SOUGHT HAD FULL AND FAIR OPPORTUNITY TO LITIGATE THE ISSUE IN THE PREVIOUS LAWSUIT
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EXPECTATION DAMAGES
- EXPECTATION INTEREST
- PERFORMANCE VALUE
- CONSEQUENTIAL DAMAGES
- LESS PAYMENTS MORE
- SAVING DIMES
- DAMAGES FIXED
- IN HEAVEN
- DUTY TO MITIGATE
CORN
PIE
Civil Procedure - claims not barred by tolling under Statute of Limitations
The claim WAS time-barred but plaintiff LOPED into court anyway.
WRITTEN acknowledgment by defendant of a time-barred valid debt
AMENDMENT of pleading to add a time-barred claim
SOLDIER and SAILOR relief act
parties agree to LENGTHEN the timeframe
OBTAINING personal jurisdiction over an out-of-state defendant who would not consent to service of process
partial PAYMENT by defendant of a time-barred valid debt
EQUITABLE estoppel
DISABILITY or DEATH of plaintiff
Civil Procedure - reasons to grant Motion to Dismiss
In SIDEBAR, Plaintiff Finally admitted the claim should be dismissed.
STATUTE of Frauds
INFANCY or incompetency
subject matter of claim DISCHARGED in bankruptcy proceeding
ESTOPPEL (collateral estoppel or res judicata)
claim BARRED by statute of limitations
ARBITRATION and award
RELEASE from claim by plaintiff
PAYMENT by defendant
FAILURE to state a claim upon which relief can be granted
Civil Procedure - Provisional Remedies
When a LIAR tells a LIE, the COP will FIND CJ because he’s a SLOB
LIAR:
LIS pendens
preliminary INJUNCTION
order of ATTACHMENT
appointment of RECEIVER (harsh, requires bond)
LIE:
LIKELIHOOD of plaintiff’s success
IRREPARABLE injury ($ does not suffice)
EQUITABLE balance of hardships
COP:
CLEAR & CONVINCING evidence of extraordinary circumstances and that plaintiff will succeed
ORDER must be entered to be enforceable
POST-seizure hearing required immediately afterwards if order was entered ex-parte
FIND CJ:
FOREIGN corporation
INTENT to defraud creditors or frustrate enforcement of judgment
NON-DOMICILIARY defendant
DILIGENT efforts are not enough to serve domiciliary or resident
CRIME victims are entitled to order of attachment when suing felon (Son of Sam law)
cause of action is based upon default JUDGMENT from another jurisdiction that is entitled to full faith & credit
SLOB:
SHERIFF is not involved
LIKELIHOOD of plaintiff’s success not considered by court
ORDER by court not required
BOND does not need to be posted
Venue is chosen with TLC, but if WASP MEN are on your land, you have to file locally.
WASP MEN:
action for tort of WASTE
ACTION involving leasehold
SPECIFIC performance sought in real estate contract
PARTITION of concurrent estates
MORTGAGE foreclosure
EJECTMENT action
NUISANCE action
Civil Procedure - Objections To Method of Inquisition
Poorly phrased questions set off the BAC door ALARM.
overly BROAD question
AMBIGUOUS question
COMPOUND question
ARGUMENTATIVE badgering of witness
LEADING question on direct exam
ASSUMING fact not in evidence as part of question
REDUNDANT question requiring cumulative response
MISQUOTING prior statement by witness
Civil Procedure - Sanctions during Discovery
This Judge DRIPS hot wax as a sanction for misbehavior.
order default JUDGMENT against defendant
DISMISS action in favor of defendant
force non-disclosing party to RESOLVE the issue causing non-disclosure
IMPOSE attorney fees, costs of suit and fines
PRECLUDE non-disclosing party from introducing related evidence
STRIKE non-disclosing party’s pleadings related to issues of non-discovery
Formation
Defenses to contract formation
Performance
Discharge of duty to perform
Breach - effects
material - recover foreseeable damages or rescind/mitigate;
minor - perform & recover damages for immaterial breach
Third Party Beneficiaries, Assignment & Delegation
Remedies for breach
Evidence - Self-Authenticating Documents
OIL CANS are self-authenticating
OFFICIAL publications issued by public authority
INSTRUMENTS - negotiable and commercial paper
LABEL, tag or trademark affixed on item in regular course of business
CERTIFIED public documents (by clerk of agency or court that had custody)
ACKNOWLEDGED documents signed before notary, swore to truth, content and execution (except wills)
NEWSPAPERS and periodicals with reasonably wide circulation
SEALED documents (government certified)
Evidence - Subject Outline Mnemonic
Follow RECIP(e) H to decide if the evidence is admissible.
Relevance
Extrinsic policies
Character evidence
Impeachment
Privileges
(e)
HEARSAY
Criminal Procedure
Exceptions to Search Warrant Requirement
SHAPE up WISEACRE or I’ll search you without a warrant.
STOP (articulable, reasonable suspicion) & frisk (armed & dangerous) of outer clothing
HOT pursuit
AUTOMOBILE
PLAIN view
EVANESCENT evidence
(up)
WIRETAP w/ one party’s consent
INCIDENT to lawful arrest
SCHOOL property
EXIGENT circumstances
ADMINISTRATIVE searches (e.g. Border, Airport)
CONSENT to search expressly granted
ROUTINE, non-discriminatory checkpoint stops
EAVESDROPPING on conversation with no reasonable expectation of privacy
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