MASTER OF THE UNIVERSE

Question 1

3

A PARTY FILING A MOTION FOR SANCTIONS IN FEDERAL COURT UNDER RULE 11 (FILING IN A COMPLAINT IN BAD FAITH) MUST FIRST

Answer 1

1. SERVE THE PARTY AGAINST WHO SANCTIONS ARE SOUGHT
2. IF PARTY DOES NOT WITHDRAW OR CORRECT WITHIN 21 DAYS
3. MOTION IS THEN FILED WITH COURT

Question 2

2

GOODS

Answer 2

1. TANGIBLE, MOVABLE THINGS
2. AT TIME OF CONTRACT IDENTIFICATION.

Question 3

2

(FOR JUSTICIABILITY) POLTICAL QUESTIONS MEANS THE ISSUE PRESENTED BY THE COURT IS EITHER E

Answer 3

1. SO SPECIFIC THAT IT INVOLVES POWER GRANTED EXCLUSIVELY TO A COORDINATE BRANCH OF GOVERNMENT
2. OR SO VAGUE THE CONSTITUTION DOES EVEN ADDRESS THE ISSUE

Question 4

3

120 HOUR RULE

Answer 4

1. HEIR MUST SURVIVE DECEDENT BY 120 HOURS
2. OR HEIR DETERMINED TO PREDECEASE DECEDENT
3. ESTATE WILL ESCHEAT TO STATE

Question 5

4

21 YEAR TERM LIMIT FOR TRUSTEE

Answer 5

1. TRUSTEE MAY ONLY SERVE FOR 21 YEARS AFTER SETTLORS DEATH
2. REGARDLESS OF TRUST TERMS
3. FOR NONCHARITABLE TRUST
4. OR TRUST FOR UNINCORPORATED SOCIETY

Question 6

14TH AMENDMENT EPC EXTENDS BILL OF RIGHTS TO STATES EXCEPT FOR THESE TWO RIGHTS

Answer 6

1. EIGHTH AMENDMENT PROTECTION FROM EXCESSIVE BAIL
2. FIFTH AMENDMENT GUARANTEE TO GRAND JURY INDICTMENT
3. SEVENTH AMENDMENT RIGHT TO JURY TRIAL

Question 7

1

A COLLEGE PRESIDENT CANNOT WAIVE DORM RESIDENT’S

Answer 7

1. FOURTH AMENDMENT RIGHTS

Question 8

2

A DEFENDANT MAY WAIVE HER SIXTH AMENDMENT RIGHT TO CONFRONT WITNESSES BY

Answer 8

1. BAD BEHAVIOR IN THE COURTROOM
2. FAILURE TO APPEAR

Question 9

1

A DEFENDANT’S PERCENTAGE OF MARKET SHARE LIABILITY WILL BE EQUAL TO

Answer 9

1. THAT DEFENDANT’S PERCENTAGE OF ITS MARKET SHARE

Question 10

1

A FEE SIMPLE DEFEASIBLE MAY TAKE THESE THINGS FROM THE LAND

Answer 10

1. RESOURCES

Question 11

2

A LAND SALE CONTRACT DOES NOT CONTAIN THIS IMPLIED WARRANTY

Answer 11

1. IMPLIED WARRANTY OF FITNESS
2. UNLESS IT IS A NEW HOME BEING SOLD BY THE BUILDER

Question 12

A PERSON IS UNDER ARREST WHEN

Answer 12

1. TAKEN INTO CUSTODY
2. FOR COMMENCING CRIMINAL PROSECUTION

Question 13

3

A PRETERMITTED CHILD WILL RECEIVE AN INTESTATE SHARE OF DECEASED PARENT’S ESTATE UNLESS

Answer 13

1. TESTATOR HAD OTHER CHILDREN AND LEFT ESTATE TO PARENT OF PRETERMITTED CHILD
2. OR LEAVES SUBSTANTIALLY ALL OF ESTATE TO SS WHO IS CHILD’S PARENT
3. OR INTENTIONALLY OMITTED ON FACE OF WILL

Question 14

2

A PROSECUTOR HAS PROBABLE CAUSE WHERE

Answer 14

1. FACTS KNOWN TO PROSECUTOR ARE SUFFICIENT TO A ALLOW A REASONABLE PERSON IN A SIMILAR POSITION
2. TO SERIOUSLY ENTERTAIN THE POSSIBILITY THAT DEFENDANT IS GUILTY OF THE CRIME CHARGED.

Question 15

1

A QUORUM OF THE BOARD OF DIRECTORS IS BROKEN WHERE

Answer 15

1. A DIRECTOR WITHDRAWS

Question 16

4

A WITNESS IS COMPETENT TO TESTIFY WHERE SHE HAS

Answer 16

1. PERSONAL KNOWLEDGE
2. PRESENT RECOLLECTION
3. THE ABILITY TO COMMUNICATE
4. UNDERSTANDING OF HER LEGAL DUTY TO TELL THE TRUTY

Question 17

2

ABA - CONTINGENCY FEES NOT ALLOWED WHERE

Answer 17

1. DIVORCE OR DOMESTIC RELATIONS
2. CRIMINAL

Question 18

4

ABA COMPETENCY REQUIREMENTS - LAWYER MUST HAVE THESE THINGS TO REPRESENT A CLIENT

Answer 18

1. KNOWLEDGE
2. SKILL
3. THOROUGHNESS
4. PREPARATION REASONABLY NECESSARY

Question 19

1

ABA FEE GUIDELINES

Answer 19

1. FEES CANNOT BE UNREASONABLE

Question 20

1

ABA FEE GUIDELINES

Answer 20

1. FEES CANNOT BE UNREASONABLE

Question 21

2

ABA REQUIREMENT WHERE ATTORNEY LEARNS OF CLIENT PERJURY

Answer 21

1. TAKE REASONABLE REMEDIAL MEASURES
2. WHERE CLIENT REFUSES TO DISCLOSE LIE, DISCLOSURE TO TRIBUNAL

Question 22

1

ABA REQUIREMENTS FOR REPORTING ATTORNEY MISCONDUCT

Answer 22

1. ATTORNEY MISCONDUCT MUST ALWAYS BE REPORTED

Question 23

1

ABA REQUIREMENTS FOR REPORTING ATTORNEY MISCONDUCT

Answer 23

1. ATTORNEY MISCONDUCT MUST ALWAYS BE REPORTED

Question 24

2

ABA RULES AGAINST SEXUAL RELATIONSHIP WITH CLIENT

Answer 24

1. NOT ALLOWED UNLESS SEXUAL RELATIONSHIP EXISTED PRIOR TO REPRESENTATION
2. CONFLICT NOT IMPUTED TO FIRM

Question 25

2

ABANDONMENT ACTION FOR TERMINATION OF EASEMENT

Answer 25

1. EASEMENT HOLDER DEMONSTRATED INTENT TO NEVER USE THE EASEMENT AGAIN BY PHYSICAL ACTION.
2. WORDS OR NON-USE BY EASEMENT HOLDER ARE INSUFFICIENT TO SUPPORT ABANDONMENT.

Question 26

3

ABANDONMENT OPTIONS FOR LANDLORD

Answer 26

1. ACCEPT ABANDONMENT AND TERMINATE LEASE OR
2. RELET PREMISES ON BEHALF OF TENANT (WITH NOTICE) OR
3. LEAVE PREMISES VACANT AND CONTINUE TO COLLECT RENT (MODERNLY W/DUTY TO MITIGATE)

Question 27

2

ABATEMENT - ELEMENTS

Answer 27

1. GIFTS ARE REDUCED TO PAY DEBTS AND LEGACIES
2. THE ESTATE DOES NOT HAVE SUFFICIENT FUNDS TO PAY

Question 28

4

ULTRAHAZARDOUS ACTIVITIES ELEMENTS

Answer 28

1. ACTIVITY IS OF UNCOMMON USAGE AND UNCOMMON TO AREA
2. POSE A HIGH DEGREE OF RISK THAT CANNOT BE ELIMINATED BY DUE CARE
3. RISK OUTWEIGHS ITS UTILITY
4. RISKED HARM IS SIGNIFICANT

Question 29

4

ULTRAHAZARDOUS/ABNORMALLY DANGEROUS ACTIVITIES ELEMENTS - ACTIVITY IS

Answer 29

1. UNCOMMON TO AREA
2. POSE A HIGH DEGREE OF RISK THAT CANNOT BE ELIMINATED BY DUE CARE
3. RISK OUTWEIGHS ITS UTILITY
4. RISKED HARM IS SIGNIFICANT

Question 30

4

ABSOLUTE PRIVILEGE FOR ATTORNEY WORK PRODUCT APPLIES TO:

Answer 30

1. MENTAL IMPRESSIONS
2. LEGAL THEORIES
3. OPINIONS
4. CONCLUSIONS

Question 31

3

ACCEPTANCE OF CONTRACT OFFER BY SILENCE CAN OCCUR WHERE

Answer 31

1. IMPLIED IN FACT
2. PRIOR DEALINGS CREATE REASON FOR OFFERREE TO NOTIFY OFERROR HE DOES NOT INTENT TO ACCEPT
3. OFFEREE GIVES OFFEROR CLEAR REASON TO EXPECT SILENCE WILL CONSTITUTE ACCEPTANCE

Question 32

3

DEED DELIVERY AND PASSING OF TITLE TO PROPERTY - TITLE PASSES

Answer 32

1. UPON PROPER DELIVERY OF DEED
2. ACCEPTANCE IS PRESUMED IN MOST JURISDICTIONS
3. BUT REJECTION BY GRANTEE DEFEATS DELIVERY

Question 33

2

ACCEPTING INTEREST IN BUSINESS FOR PAYMENT OF ATTORNEYS FEES IS ALLOWED WHERE

Answer 33

1. ATTORNEY ADVISES CLIENT TO SEEK INDEPEDENT COUNSEL
2. WRITTEN TRANSACTION

Question 34

2

AT COMMON LAW, AN ACCESSORY IS ONE WHO

Answer 34

1. AIDS THE PRINCIPAL IN THE COMMISSION OF A CRIME
2. BEFORE OR AFTER ITS COMMISSION.

Question 35

2

ACCOMPLICE LIABILITY

Answer 35

1. VICARIOUS CRIMINAL LIABILITY FOR ACTS OF CO-CRIMINALS
2. DIRECTLY AND FORESEEABLY RESULTING FROM DEFENDANT’S OWN CRIMINAL ACTS

Question 36

3

ACCOMPICE LIABILITY - THE PRINCIPAL IS THE PARTY WHO

Answer 36

1. ACTUALLY COMMITS THE CRIME
2. AND IS PRESENT AT THE CRIME
3. OR HAS AN INNOCENT PARTY COMMIT THE CRIME FOR HIM.

Question 37

2

ACCORD AND SATISFACTION IS WHAT KIND OF AGREEMENT?

Answer 37

1. A BINDING AGREEMENT BETWEEN PARTIES
2. TO SETTLE ONE’S ORIGINAL, GOOD FAITH CLAIM AGAINST THE OTHER PARTY FOR BREACH.

Question 38

1

ACQUISITION OF DEBT AND REBUTTABLE PRESUMPTION OF COMMUNITY LIABILITY - COMMUNITY IS REBUTTABLY PRESUMED LIABLE FOR DEBT ACQUIRED BEFORE AND DURING MARRIAGE UNLESS

Answer 38

1. LENDER RELIED EXCLUSIVELY ON SPOUSE’S SEPARATE PROPERTY

Question 39

2

ALTERNATIVE METHOD (INSTEAD OF VOTING) OF SHAREHOLDER APPROVAL FOR FUNDAMENTAL CORPORATE OR BOARD CHANGES - CONSENT MAY BE

Answer 39

1. WRITTEN AND
2. UNANIMOUS

Question 40

2

ACTION IF CONTINGENCY FEE IS DISPUTED

Answer 40

1. CHECK TO ATTORNEY FOR CLIENT’S PROPOSED AMOUNT
2. REMAINDER OF DISPUTED FEES LEFT IN TRUST ACCOUNT UNTIL DISPUTE RESOLVED

Question 41

4

ACTIONS (LAWSUITS NOT BARRED BY THE 11TH AMENDMENT)

Answer 41

1. STATE V. STATE
2. US V. STATE
3. INJUNCTIONS AGAINST STATE OFFICIALS
4. SUITS AGAINST CITIES

Question 42

3

REQUIREMENTS FOR CORPORATE ACTION AT DIRECTION OF BOARD OF DIRECTORS

Answer 42

1. AT A PROPERLY NOTICED MEETING
2. WITH MAJORITY OF BOARD OF DIRECTORS
3. THE MAJORITY VOTES TO TAKE ACTION

Question 43

3

PROHIBITIONS FOR BOARD VOTING ON CORPORATE ACTIONS

Answer 43

1. NO PROXIES
2. NO PERSONALLY INTERESTED PARTIES
3. NO VOTING AGREEMENTS

Question 44

3

FOR WILLS, ACTS OF INDEPENDENT LEGAL SIGNFICANCE

Answer 44

1. EXTRINSIC ACTS
2. WITHOUT TESTAMENTARY FUNCTION
3. USED FOR DESIGNATING BENEFICIARIES OR PROPERTY TO BE DEVISED

Question 45

2

ACTUAL CAUSE - CRIMINAL LAW - ACTUAL CAUSE IS

Answer 45

1. A CAUSAL ACT
2. THAT BUT FOR ITS OCCURRENCE
3. THE INJURY TO VICTIM WOULD NOT HAVE OCURRED.

Question 46

2

ACTUAL CAUSE - TORTS

Answer 46

1. BUT FOR DEFENDANT’S NEGLIGENCE
2. PLAINTIFF’S INJURY WOULD NOT HAVE OCCURRED.

Question 47

1

ACTUAL NOTICE OF A PREVIOUS INTEREST IN PROPERTY OCCURS WHERE BUYER HAS

Answer 47

1. ACTUAL, SUBJECTIVE NOTICE OF A PRIOR, UNRECORDED INTEREST

Question 48

1

ACTUAL PARTIAL EVICTION OCCURS WHERE

Answer 48

1. LANDLORD MAKES IT PHYSICALLY IMPOSSIBLE TO OCCUPY PART OF THE PREMISES

Question 49

3

ADDITIONAL FACTORS OF CONSIDERATION ON FAIRNESS OF FORUM

Answer 49

1. COURT’S INTEREST IN JUDICIAL ECONOMY
2. PLAINTIFF’S INTEREST IN CONVENIENT RELIEF
3. FORUM STATE’S INTEREST IN REGULATING ACTIVITY AND PROTECTING ITS CITIZENS.

Question 50

3

ADDITUR ELEMENTS

Answer 50

1. JUDGE FINDS DAMAGE AWARD INSUFFICIENT
2. ORDERS NEW TRIAL FOR PLAINTIFF UNLESS DEFENDANT AGREES TO ADD TO DAMAGES OWED TO PLAINTIFF
3. ONLY IN CA

Question 51

2

ADEMPTION OCCURS WHEN

Answer 51

1. PROPERTY HAS CHANGED FORM
2. FROM THE TIME IT WAS IDENTIFIED IN THE WILL

Question 52

1

A DEVISE ADEEMS BY SATISFACTION WHEN

Answer 52

1. BENEFICIARY RECEIVES DEVISE DURING TESTATOR’S LIFETIME

Question 53

2

ADEMPTION OF SPECIFIC GIFTS

Answer 53

1. SPECIFIC GIFTS ADEEM BY EXTINCTION
2. COURT’S LOOK TO TESTATOR’S INTENT TO SEE WHAT BENEFICIARY TAKES IN LIEU OF ADEEMED GIFT

Question 54

3

ADEMPTION OF SPECIFIC GIFTS - CAUSES OF ADEMPTION THAT WILL ENTITLE BENEFICIARY TO GENERAL PECUNIARY GIFT

Answer 54

1. SPECIFIC GIFT INVOLVED SECURITIES
2. CONSERVATOR SOLD SPECIFIC GIFT
3. EMINENT DOMAIN TOOK SPECIFIC GIFT

Question 55

3

ADEQUATE PROVOCATION

Answer 55

1. ADQUATE PROVOCATION IS PROVOCATION SUFFICIENT TO RAISE A REASONABLE PERSON TO MURDEROUS RAGE
2. THAT DID BRING THE DEFENDANT TO A MURDEROUS RAGE
3. THAT WAS THE ACTUAL CAUSE OF THE HOMICIDE.

Question 56

3

ADEQUATE PROVOCATION COOL DOWN PERIOD

Answer 56

1. ADEQUATE PROVOCATION WILL NOT BE FOUND
2. WHERE DEFENDATN HAD AN AMOUNT OF TIME ALLOWING A REASONABLE PERSON TO COOL DOWN
3. AND NO LONGER BE IN A MURDEROUS RAGE.

Question 57

3

THESE ADMINISTRATIVE SEARCHES ARE NOT SUBJECT TO THE FOURTH AMENDMENT

Answer 57

1. BOOKING SEARCHES
2. SEARCHES DONE TO ENSURE SAFETY
3. RECORDED INVENTORY OF SUSPECT’S PERSONAL ITEMS

Question 58

2

CAN DISCOVERY SEEK INADMISSIBLE INFORMATION?

Answer 58

1. DISCOVERY CAN SEEK INADMISSIBLE INFORMATION
2. SO LONG AS SUCH INFORMATION CAN REASONABLY LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE

Question 59

2

ADMISSILBITY OF EVIDENCE OBTAINED FROM QUESTIONING OF DEFENDANT BY POLICE INFORMANT

Answer 59

1. IF CHARGED, INADMISSIBLE DUE TO SIXTH AMENDMENT VIOLATION

Question 60

2

ADMISSIBILITY OF RECORD USED IN RECORDED RECOLLECTION EXCEPTION

Answer 60

1. READ INTO THE RECORD
2. ADMITTED AS EXHIBIT IF OFFERED BY ADVERSE PARTY.

Question 61

4

ADVANCEMENT

Answer 61

1. PERSON DIES INTESTATE
2. PROPERTY GIVEN TO HEIR DURING DECEDENT’S LIFETIME AS PART OF HEIR’S SHARE OF DECEDENT’S ESTATE
3. DECLARANT DECLARED GIFT IN WRITING
4. HEIR ACKNOWLEDGED GIFT IN WRITING

Question 62

2

ADVERSE POSSESSION - ACTUAL AND EXCLUSIVE REQUIREMENTS

Answer 62

1. ACTUAL - OCCUPIER MADE USE OF THE LAND IN THE SAME MANNER THAT A TYPICAL USER OF SUCH LAND WOULD
2. EXCLUSIVE - OCCUPIER MAY NOT SHARE LAND WITH OWNER OR PUBLIC

Question 63

2

ADVERSE POSSESSION - CONTINUOUS REQUIREMENTS

Answer 63

1. OWNER MAY NOT ENTER LAND DURING STATUATORY PERIOD TO REGAIN POSSESSION
2. CONSTANT USE NOT REQUIRED AS LONG AS OCCUPIER’S USE IS TYPICAL OF AN OWNER OF SUCH LAND.

Question 64

2

ADVERSE POSSESSION - OUSTER REQUIREMENT FOR HOSTILE POSSESSION OF CONCURRENTLY OWNED PROPERTY

Answer 64

1. CO-TENTANT MUST CLAIM EXCLUSIVE RIGHT
2. CO-TENANT MUST REFUSE ENTRY TO OTHER CO-TENANT

Question 65

1

ADVERSE POSSESSION - HOSTILE REQUIREMENT IS FULLFILLED WHERE OCCUPATION

Answer 65

1. OCCURS WITHOUT OWNER’S PERMISSION

Question 66

2

ADVERSE POSSESSION - OPEN AND NOTORIOUS REQUIREMENTS - OCCUPATION MUST BE SUFFICIENT TO

Answer 66

1. BE VISIBLE OR APPARENT
2. PUT THE TRUE OWNER OF PROPERTY ON NOTICE OF TRESPASS

Question 67

2

ADVERSE POSSESSION - LENGTH OF STATUTE IS

Answer 67

1. AT COMMON LAW, 20 YEARS
2. VARIES BY JURISDICTION

Question 68

2

ADVERSE POSSESSION AND MARKETABLE TITLE

Answer 68

1. ADVERSE POSSESSION DOES NOT GRANT OWNER MARKETABLE TITLE
2. MARKETABLE TITLE MAY BE OBTAINED BY QUIET TITLE ACTION

Question 69

1

ADVERSE POSSESSION DEFINITION

Answer 69

1. A MEANS OF TAKING TITLE TO REAL PROPERTY THROUGH THE OPERATION OF THE STATUTE OF LIMITATIONS FOR TRESPASS

Question 70

2

COURT MAY REQUIRE THE APPOINTMENT OF OF ADVISORY COUNSEL TO A SELF-REPRESENTED DEFENDANT TO

Answer 70

1. PROVIDE LEGAL ADVICE AND INFORMATION TO DEFENDANT
2. NOT ALLOWED TO MAKE STRATEGIC DECISIONS

Question 71

1

AFFIRMATIVE EASEMENT

Answer 71

1. AFFIRMATIVE EASEMENT ENTITLES EASEMENT HOLDER TO DO SOMETHING ON ANOTHER’S LAND

Question 72

3

AGENCY RELATIONSHIP DEFINITION

Answer 72

1. A BUSINESS RELATIONSHIP
2. WHERE ONE PARTY, AN AGENT, AGREES TO ACT FOR
3. AND IS AUTHORIZED TO ACT BY ANOTHER PARTY, THE PRINCIPAL.

Question 73

2

AGENT’S LIABILILITY FOR ACTING W/OUT PRINCIPAL’S AUTHORITY

Answer 73

1. PRINCIPAL IS NOT LIABLE
2. AGENT IS PERSONALLY LIABLE

Question 74

3

AGENT MAY BE PERSONALLY LIABLE WHERE AGENT

Answer 74

1. ACTS W/NO AUTHORITY
2. DOESN’T DISCLOSE PRINCIPAL’S IDENTITY (PLAINTIFF HAS RIGHT OF ELECTION)
3. DOESN’T DISCLOSE EXISTENCE OF A PRINCIPAL OR PRINCIPAL’S IDENTITY (PLAINTIFF HAS RIGHT OF ELECTION)

Question 75

4

AGENT’S DUTY OF LOYALTY - CONFLICT OF INTEREST PROHIBITIONS

Answer 75

1. NO SELF -DEALING
2. NO USURPING OPPORTUNITIES
3. NO SECRET PROFIT
4. NO COMMINGLING FUNDS

Question 76

2

AGENT’S LINGERING APPARENT AUTHORITY TO TRANSACT WITH THIRD PARTIES PREVIOUSLY TRANSACTED WITH TERMINATES WHEN

Answer 76

1. THIRD PARTIES RECEIVE ACTUAL NOTICE OF AGENCY TERMINATION
2. OR CONSTRUCTIVE NOTICE OF AGENCY TERMINATION

Question 77

3

AGGRAVATED ASSAULT

Answer 77

1. A SPECIFIC INTENT CRIME
2. WHERE DEFENDANT ATTEMPTS BATTERY WITH A WEAPON
3. OR CAUSES VICTIM TO APPREHEND IMMINENT HARMFUL OR OFFENSIVE CONTACT WITH VICTIM’S PERSON BY USE OF A WEAPON.

Question 78

3

AGGRAVATED ASSAULT

Answer 78

1. A SPECIFIC INTENT CRIME
2. WHERE DEFENDANT ATTEMPTS BATTERY WITH A WEAPON
3. OR CAUSES VICTIM TO APPREHEND IMMINENT HARMFUL OR OFFENSIVE CONTACT WITH VICTIM’S PERSON BY USE OF A WEAPON.

Question 79

4

AGGRAVATED BATTERY

Answer 79

1. AGGRAVATED BATTERY IS A GENERAL INTENT CRIME
2. DONE TO CAUSE
3. THAT DOES CAUSE AN UNCONSENTED APPLICATION OF FORCE BY USING A WEAPON ON
4. VICTIM’S PERSON.

Question 80

2

AGGREGATING CLAIMS TO REACH REQUIRED 75,000 FOR DIVERSITY - PLAINTIFF MAY AGGREGATE

Answer 80

1. MULTIPLE CLAIMS AGAINST DEFENDANT
2. CLAIMS AGAINST MULTIPLE DEFENDANT TORTFEASORS

Question 81

1

ALL NON-TESTIMONIAL EVIDENCE MUST BE ______ TO BE ADMITTED

Answer 81

1. AUTHENTICATED

Question 82

2

INCOME AND LIABILITES ARISING FROM TRUST ASSETS - BENEFICIARIES

Answer 82

1. BENEFICIARIES MAY RECEIVE INTEREST INCOME FROM ASSETS
2. RESPONSIBLE FOR PAYING INTEREST ON LOAN DEBT, TAXES OR FOR MINOR REPAIRS

Question 83

3

REMAINDERMEN’S RIGHTS AND DUTIES

Answer 83

1. RECEIVE PRINCIPAL FROM NET PROCEEDS OF AN ASSET’S SALE
2. PAY PRINCIPAL PART OF LOANS
3. PAY FOR MAJOR REPAIRS

Question 84

2

ALLOCATION OF TRUST ASSETS - TRUSTEE’S ALLOCATION POWERS - TRUSTEE CAN USE

Answer 84

1. BEST JUDGMENT TO CHANGE ALLOCATION
2. TO FOLLOW SETTLOR’S INTENT

Question 85

7

FORMATION GROUNDS FOR SEEKING RESCISSION

Answer 85

1. MUTUAL MISTAKE
2. MISREPRESENTATION
3. LACK OF CAPACITY
4. DURESS
5. UNDUE INFLUENCE
6. UNDUE CONSIDERATION
7. UNILATERAL MISTAKE (IF OTHER PARTY SHOULD HAVE KNOWN)

Question 86

3

ALLOWED INFERENCES OF PRESENT TESTAMENTARY INTENT

Answer 86

1. SPECIFIC BEQUESTS
2. SIGNATURES
3. OTHER EXTRINSIC EVIDENCE

Question 87

4

OTHER ITEMS DEFINED BY UCC AS GOODS

Answer 87

1. STANDING CROPS
2. TIMBER
3. UNBORN ANIMALS
4. MINERALS

Question 88

2

ALTERATION OF PRODUCT DEFENSE TO STRICT PRODUCTS LIABILITY - NO LIABILITY WHERE

Answer 88

1. PLAINTIFF OR THIRD PARTY UNFORESEEABLY ALTERED THE PRODUCT
2. MAKING IT UNREASONABLY DANGEROUS

Question 89

2

ALTERNATIVE LIABILITY THEORY

Answer 89

1. NOT APPARENT WHICH DEFENDANT CAUSED INJURY
2. BURDEN SHIFTS TO DEFENDANT TO PROVE NOT CAUSE OF INJURY

Question 90

3

AMELIORATIVE WASTE

Answer 90

1. PRESENT INTEREST HOLDER
2. MAKES UNPERMITTED CHANGES TO PROPERTY
3. IMPROVE ITS VALUE

Question 91

1

AMELIORATIVE WASTE REMEDY FOR TENANT

Answer 91

1. TENANT MUST RESTORE PREMISES TO THEIR ORIGINAL CONDITION

Question 92

3

AMENDING CORPORATE BYLAWS REQUIREMENTS

Answer 92

1. APPROVAL OF SHAREHOLDERS
2. APROVAL OF DIRECTORS
3. FILING OF CHANGED ARTICLES WITH SECRETARY OF STATE

Question 93

2

AMENDMENT OF INITIAL PLEADINGS (PLAINTIFF AND DEFENDANT)- FEDERAL COURT

Answer 93

1. PLAINTIFF MAY AMEND ONCE BEFORE DEFENDANT’S RESPONSE
2. DEFENDANT MAY AMEND ANSWER ONCE W/IN 21 DAYS OF SERVING ANSWER.

Question 94

AN ATTESTED WILL IS

Answer 94

A WITNESSED WILL

Question 95

2

AN ATTORNEY MAY MAKE PUBLIC STATEMENTS ABOUT THE CASE WHERE

Answer 95

1. INFORMATION IS ALREADY GENERALLY KNOWN
2. DAMAGE CONTROL ON OPPOSING COUNSEL’S STATEMENTS

Question 96

1

AN ATTORNEY MAY NOT MAKE EXTRAJUDICIAL STATEMENTS WHERE

Answer 96

1. THEY ARE LIKELY TO MATERIALLY PREJUDICE THE CASE

Question 97

2

AN AWARD OF LIQUIDATED DAMAGES IS APPROPRIATE WHERE

Answer 97

1. DAMAGES WERE DIFFICULT TO CALCULATE
2. STIPULATED AMOUNT BEARS A REASONABLE RELATIONSHIP TO THE ANTICIPATED LOSS

Question 98

1

AN ERROR IS HARMLESS WHERE THERE IS

Answer 98

1. NO REASONABLE DOUBT THE CASE WOULD HAVE COME OUT DIFFERENTLY

Question 99

2

AN INTENTIONAL ACT IS AN ACT DONE WITH

Answer 99

1. REASONABLE CERTAINTY IT WILL CAUSE A RESULT
2. OR DONE PURPOSELY FOR CAUSING A RESULT

Question 100

2

ANCIENT DOCUMENTS EXCEPTION - TIME REQUIREMENT - FRE & CEC DIFFERENCES

Answer 100

1. 30 YEARS FOR CEC
2. 20 YEARS FOR FRE

Question 101

1

ANCIENT DOCUMENTS HEARSAY EXCEPTION

Answer 101

1. WHERE DOCUMENTS ARE TWENTY YEARS OLD OR OLDER.

Question 102

1

ANTI-SLAPP MOTION

Answer 102

1. MOTION FILED IN A LAWSUIT ATTEMPTING TO QUELL SPEECH.

Question 103

1

WHAT CONSTITUTES AN ANTICIPATORY BREACH

Answer 103

1. A CLEAR STATEMENT OR INDICATION THAT THE BREACHING PARTY WILL NOT PERFORM FUTURE CONTRACTUAL DUTIES WHEN THEY BECOME DUE.

Question 104

4

ANTILAPSE

Answer 104

1. BENEFICIARY PREDECEASES TESTATOR
2. BENEFICIARY’S LINEAL DEPENDENTS TAKE HER PLACE
3. WHERE BENEFICIARY RELATED TO TESTATOR OR TESTATOR’S SURVIVING, FORMER OR DECEASED SPOUSE
4. UNLESS TESTATOR EXPRESSED CONTRARY INTENTION IN WILL

Question 105

1

AGENT’S LINGERING APPARENT AUTHORITY AFTER PRINCIPAL-AGENT RELATIONSHIP TERMINATES APPLIES TO

Answer 105

1. THIRD PARTIES AGENT HAS PREVIOUSLY TRANSACTED WITH

Question 106

5

APPORTIONMENT PARAGRAPH FOR DIVISION OF

SP BUSINESS ASSETS

Answer 106

1. TO APPORTION BETWEEN
2. SP SHARE OF BUSINESS MANAGER SPOUSE BROUGHT TO MARRIAGE
3. AND VALUE ADDED TO SP BUSINESS AFTER MARRIAGE BY COMMUNITY RESOURCES,
4. COURTS HAVE DEVELOPED TWO ACCOUNTING METHODS:
5. VAN CAMP AND PEREIRA.

Question 107

2

APPRECIATION OF COMMUNITY BUSINESS AFTER SEPARATION -

REVERSE VAN CAMP ELEMENTS

Answer 107

1. MANAGING PARTNER CONTINUES TO WORK AT COMMUNITY BUSINESS
2. CHARACTER OF BUSINESS CAUSES APPRECIATION

Question 108

3

APPROPRIATION OF LIKENESS TORT - LIABILITY ARISES WHERE

Answer 108

1. DEFENDANT USES PLAINTIFF’S NAME, VOICE, OR LIKENESS
2. FOR COMMERCIAL OR POLITICAL PURPOSES
3. AND DOES SO WITHOUT PLAINTIFF’S AUTHORIZATION

Question 109

2

APPURTENANT EASEMENT

Answer 109

1. CREATED TO BENEFIT A PARTICULAR PIECE OF LAND (DOMINANT ESTATE)
2. TIED TO A PARTICULAR PIECE OF LAND (SERVIENT ESTATE)

Question 110

1

TO MAKE AN ARREST IN PUBLIC PLACE - POLICE DO NOT NEED

Answer 110

1. A WARRANT

Question 111

1

ARREST WARRANT REQUIRED WHERE

Answer 111

1. PERSON IS ARRESTED IN HIS/HER HOME.

Question 112

2

ARTICLE III - COURT ALLOWED TO MAKE DECLARATORY JUDGMENTS WHERE THEY

Answer 112

1. CLARIFY LEGAL EFFECT OF A REGULATION
2. AFFIRM RIGHTS, DUTIES OR OBLIGATIONS OF PARTIES IN CIVIL DISPUTE

Question 113

2

ASSERTIVE CONDUCT IS CONDUCT THAT IS

Answer 113

1. TREATED LIKE A STATEMENT
2. SUBJECT TO ALL HEARSAY RULES

Question 114

1

ASSIGNMENT OF LEASE DEFINITION

Answer 114

1. ASSIGNMENT OF LEASE IS A TRANSFER OF THE ENTIRE INTEREST REMAINING ON THE LEASE TERM.

Question 115

3

ASSUMPTION OF RISK - DEFENDANT MAY RAISE DEFENSE TO STRICT PRODUCTS LIABILITY WHERE

Answer 115

1. PLAINTIFF DELIBERATELY PUT HIMSELF AT RISK FROM DEFECT
2. WITH FULL AWARENESS OF RISK FROM DEFECT
3. AND CONSCIOUSLY ACCEPTED THE RISK OF DEFECT

Question 116

2

AVAILABILITY OF ASSUMPTION OF RISK AS A DEFENSE TO PRODUCTS LIABILITY WHERE PLAINTIFF KNEW OF RISKS FROM PRODUCT BUT HAD NO OTHER OPTIONS

Answer 116

1. IF PLAINTIFF HAD NO CHOICE BUT TO CONTINUE USING THE PRODUCT
2. ASSUMPTION OF RISK IS NOT AN AVAILABLE DEFENSE

Question 117

3

ATTEMPT CRIME

Answer 117

1. SPECIFICALLY INTENDED
2. SUBSTANTIAL STEP TAKEN TOWARD
3. A CRIMINAL OBJECTIVE

Question 118

3

ATTESTED WILLS REQUIRE

Answer 118

1. EXECUTION BY TESTATOR
2. IN THE PRESENCE OF
3. AT LEAST TWO COMPETENT AND DISINTERESTED WITNESSES

Question 119

3

ATTORNEY SOLICITATION - ATTORNEY MAY NOT SOLICIT INDIVIDUALS TO ENGAGE REPRESENTATION BY THESE METHODS

Answer 119

1. IN PERSON
2. LIVE ON TELEPHONE
3. WHERE NO FAMILIAL, CLOSE PERSONAL OR PROFESSIONAL RELATIONSHIP EXISTS.

Question 120

1

ATTORNEY WORK PRODUCT - FEDERAL - ATTORNEY WORK PRODUCT IS MATERIAL WHEN

Answer 120

1. PREPARED IN ANTICIPATION OF LITIGATION

Question 121

2

ATTORNEY WORK PRODUCT - CALIFORNIA - FOR QUALIFIED PRIVILEGE - THE PARTY SEEKING TO DISCOVERY THE PRODUCT MOST SHOW

Answer 121

1. UNFAIR PREJUDICE
2. OR INJUSTICE WILL OCCUR

Question 122

1

ATTORNEY WORK PRODUCT - FEDERAL - ABSOLUTE PRIVILEGE IS APPLIED TO ATTORNEY’S

Answer 122

1. MENTAL IMPRESSIONS.

Question 123

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

Answer 123

1. UNDUE HARDSHIP
2. NO OTHER MEANS OF OBTAINING THE MATERIAL

Question 124

1

ATTORNEY’S DUTY TO COMMUNICATE SETTLEMENT OFFERS

Answer 124

1. L MUST CONVEY ALL OFFERS TO ALL CLIENTS

Question 125

2

ATTORNEY’S DUTY WHEN ROGUE EMPLOYEE THREATENS A REPRESENTED BUSINESS - ABA

Answer 125

1. REPORT UP THE CHAIN OF COMMAND
2. IF FAILS AT HIGHEST LEVEL, REPORT OUTSIDE TO EXTENT NECESSARY

Question 126

3

ATTORNEY’S DUTY WHEN ROGUE EMPLOYEE THREATENS A REPRESENTED BUSINESS - CA

Answer 126

1. URGE EMPLOYEE TO RECONSIDER WHILE EXPLAINING CONSEQUENCES
2. IF NO RESULT, WITHDRAW
3. ATTORNEY CAN NEVER REVEAL INFO TO OUTSIDE

Question 127

3

ATTRACTIVE NUISANCE DOCTRINE

Answer 127

1. PROPERTY OCCUPIERS OWE A STRICT DUTY TO PROTECT CHILDREN LIKELY TO TRESPASS ON THE PROPERTY
2. BY INSPECTING AND ELIMINATING ANY DANGEROUS CONDITIONS
3. THAT MAY BE ATTRACTIVE TO CHILDREN MAY NOT FULLY APPRECIATE BECAUSE OF THEIR AGE

Question 128

2

SUPPORT TRUST - TRUST FUNDS’ ACCESIBILTY TO THIRD PARTY CREDITORS

Answer 128

1. NOT ACCESSIBLE TO 3RD PARTY CREDITORS
2. WHERE PAYMENT WOULD INTERFERE WITH SUPPORT OF BENEFICIARY

Question 129

1

LAWYER RECEIVING CONFIDENTIAL INFORMATION CAN ACCOMODATE CONFLICT WITH DUTY OF CONFIDENTIALITY BY

Answer 129

1. TURNING OVER INFORMATION WHILE REFUSING TO DISCLOSE SOURCE

Question 130

13

BAD SPLITS PPI F

(HEARSAY EXCEPTIONS AND MEANS OF GETTING HEARSAY ADMITTED.)

Answer 130

1. BUSINESS RECORDS EXCEPTION
2. ADMISSIONS BY PARTY OPPONENT
3. DYING DECLARATION
4. SPONATENOUS STATEMENT/EXCITED UTTERANCE
5. PUBLIC RECORDS
6. LEARNED TREATISE
7. INTEREST, DECLARATION AGAINST
8. TESTIMONY, FORMER
9. STATE OF MIND OR CONDITION
10. PRIOR CONSISTENT STATEMENT
11. PRIOR INCONSISTENT STATEMENT
12. IDENTIFICATION, PRIOR STATEMENT OF
13. FORFEITURE BY WRONGDOING

Question 131

1

BALANCE OF INTERESTS TESTS - APPLICATION OF STATE LAW VS. FEDERAL LAW

Answer 131

1. FEDERAL INTEREST IN HAVING FEDERAL LAW APPLIED IS MEASURED AGAINST STATE LAW INTEREST IN HAVING STATE LAW APPLIED.

Question 132

3

BALANCING OF HARDSHIPS IN AWARDING INJUNCTION - EXTRA CONSIDERATION FACTORS

Answer 132

1. LARGE DISPARITY WEIGHS IN FAVOR OF SEVERELY IMPACTED PARTY
2. WILLFUL MISCONDUCT WEIGHT AGAINST WRONGDOER
3. PUBLIC INTEREST CONCERNS

Question 133

3

BARS TO THE GOOD FAITH WARRANT EXCEPTION

Answer 133

1. AFFIANT KNEW INFORMATION PROVIDED WAS FALSE
2. AFFIANT WAS RECKLESS IN EVALUATING PROBABLE CAUSE VALUE OF INFORMATION
3. MAGISTRATE’S RELIANCE ON AFFADAVIT WAS UNREASONABLE BASED ON OBVIOUS LACK OF PROBABLE CAUSE.

Question 134

4

TORTIOUS BATTERY - LIABILITY ARISES WHERE

Answer 134

1. DEFENDANT INTENTIONALLY ACTS TO CAUSE
2. AND DOES CAUSE
3. A TOUCHING OF PLAINTIFF OR HIS PERSON
4. RESULTING IN A HARMFUL OR OFFENSIVE CONTACT.

Question 135

4

CRIMINAL BATTERY

Answer 135

1. GENERAL INTENT CRIME
2. OF ACTING TO CAUSE
3. AND CAUSING AN UNCONSENTED UNLAWFUL APPLICATION OF FORCE
4. TO VICTIM’S PERSON.

Question 136

1

BEFORE CHARGED, WILL MIRANDA AFFECT ADMISSIBILITY OF EVIDENCE OBTAINED FROM QUESTIONS ASKED BY A POLICE INFORMANT?

Answer 136

1. NO, FIFTH AMENDMENT WILL NOT PROTECT ANSWERS GIVEN TO A POLICE INFORMANT BEFORE BEING CHARGED.

Question 137

2

HOW IS A CORPORATE BOARD OF DIRECTORS CREATED?

Answer 137

1. USUALLY, INITIAL BOARD LISTED IN ARTICLES
2. VACANCIES ARE FILLED BY SHAREHOLDER VOTE

Question 138

1

BONA FIDE PURCHASE FOR VALUE OF CONVERTED GOODS MAY BECOME LIABLE BECAUSE

Answer 138

1. UNAUTHORIZED CONTROL AND DOMINION
2. IS EXERCISED OVER PLAINTIFF’S WRONGLY TAKEN CHATTEL

Question 139

3

REAL ESTATE BONA FIDE PURCHASER FOR VALUE W/OUT NOTICE

Answer 139

1. TAKES PROPERTY FOR VALUE
2. WITHOUT NOTICE OF PRIOR INTEREST
3. PAYS CONSIDERATION OF AT LEAST MORE THAN NOMINAL VALUE

Question 140

1

CORPORATE BONDS

Answer 140

1. DEBT OBLIGATION OF CORPORATION

Question 141

1

NEGLIGENCE - BREACH OF REASONABLE PERSON DUTY OCCURS WHERE

Answer 141

1. DEFENDANT FAILS TO EXERCISE THE SAME DEGREE OF CARE A REASONABLY PRUDENT PERSON WOULD USE IN THE SAME SITUATION.

Question 142

2

CONTRACT - OCCURENCES THAT WILL CONSTITUTE A BREACH OF GOOD FAITH

Answer 142

1. FRAUD OR CONCEALMENT AT THE TIME OF THE CONTRACT
2. FAILURE OF AN IMPLIED COVENANT

Question 143

4

BURDEN OF PROOF FOR DESIGN DEFECT - JURY MUST BALANCE

Answer 143

1. GRAVITY OF POTENTIAL HARM
2. LIKELIHOOD OF POTENTIAL HARM
3. VS. FEASIBILITY OF ALTERNATIVE DESIGN
4. COST OF ALTERNATIVE DESIGN

Question 144

1

WHO HAS BURDEN OF PROOF WHERE SPOUSE CLAIMS SEPARATE PROPERTY IN COMMINGLED FUNDS

Answer 144

1. SPOUSE ASSERTING SP

Question 145

2

BURDEN OF PROOF OF WAIVER OF MIRANDA

Answer 145

1. CARRIED BY PROSECUTION
2. PROPENDERANCE OF EVIDENCE

Question 146

4

COMMON LAW BURGLARY ELEMENTS

Answer 146

1. A SPECIFIC INTENT CRIME
2. OF BREAKING AND ENTERING THE DWELLING STRUCTURE OF ANOTHER
3. AT NIGHT
4. WITH THE INTENT TO COMMIT A FELONY

Question 147

2

BURGLARY AND FELONY MURDER

Answer 147

1. WHERE BURGLARY IS COMMITTED FOR THE SOLE PURPOSE OF ATTACKING THE VICTIM
2. IT CANNOT SUPPORT A FELONY MURDER CHARGE.

Question 148

4

BUSINESS RECORDS AND KRAP

Answer 148

1. Regular practice of the business to KEEP
2. Made in the REGULAR course of business
3. Made AT or near the time of the event
4. Made by an employee with PERSONAL knowledge, or provided to that employee

Question 149

5

APPORTIONING SHARES OF BUSINESS VALUE APPRECIATION AFTER SEPARATION - WHEN SP CONTRIBUTES TO A CP BUSINESS

REVERSE PEREIRA FORMULA

Answer 149

1. COMMUNITY GETS VALUE OF CP BUSINESS AT TIME OF SEPARATION
2. PLUS REASONABLE RATE OF RETURN
3. MULTIPLIED BY THE NUMBER OF YEARS BUSINESS SPOUSE WORKED AT BUSINESS AFTER SEPARATION
4. SUBTRACTED FROM INCREASED PRESENT AMOUNT OF VALUE IN BUSINESS
5. REMAINDER GOES TO BUSINESS SPOUSE

Question 150

2

BUSINESS VALUE APPRECIATION AFTER SEPARATION - WHEN TO USE REVERSE PEREIRA

Answer 150

1. COMMUNITY PROVIDED INITIAL INVESTMENT FOR BUSINESS
2. APPRECIATION OF BUSINESS DUE TO SPOUSE’S LABOR

Question 151

2

CA - ADDITIONAL CONTINGENCY FEE REQUIREMENTS - FEE AGREEMENT MUST NOTE

Answer 151

1. FEES ARE NEGOTIABLE
2. HOW FEES OUTSIDE OF CONTINGENCY FEE ARE TO BE PAID

Question 152

5

ABA - EXCEPTIONS TO ATTORNEY CONFIDENTIALITY REQUIREMENT

Answer 152

1. WHERE DEATH OR SERIOUS BODILY HARM IS THREATENED, AFTER ACTING TO DISSUADE CLIENT AND ADVISING THAT INFORMATION CAN BE REVEALED
2. PREVENT SUBSTANTIAL FINANCIAL HARM
3. WHERE CONSENTED TO TO GET ETHICS ADVICE
4. SUIT V. CLIENT TO COLLECT FEES
5. WHERE COMPELLED BY COURT OR ETHICS RULES

Question 153

3

CA - LAWYER CAN MAKE PERSONAL LOANS TO CLIENT WHERE

Answer 153

1. HIRED BY CLIENT
2. AGREES TO REPAY IN WRITING
3. LOAN IS NOT TO WIN BUSINESS OF CLIENT

Question 154

3

CA - POTENTIAL CONFLICTS OF INTEREST - ATTORNEY MAY NOT TAKE ON REPRESENTATION OF A CLIENT WHERE

Answer 154

1. DIRECTLY ADVERSE TO AN ALREADY REPRESENTED CLIENT IN SAME MATTER
2. SIGNFICANT RISK OF MATERIAL LIMITATION ON REPRESENTATION DUE TO REPRESENTATION OF OTHER CLIENT
3. CONFLICTS WITH LAWYER’S PERSONAL INTERESTS

Question 155

1

CA - QUALIFIED PRIVILEGE ATTACHES TO ATTORNEY WORK PRODUCT

Answer 155

1. THAT IS NOT ABSOLUTELY PRIVILEGED

Question 156

3

CA - REQUIREMENTS FOR LAWYER TO ABIDE BY CLIENT’S DECISIONS

Answer 156

1. NOT OBLIGATED TO ABIDE BY CLIENT’S DECISIONS
2. BUT MUST COMMUNICATE PLEA BARGAIN OR SETTLEMENT OFFER
3. KEEP CLIENT REASONABLY INFORMED ABOUT SIGNFICANT DEVELOPMENTS

Question 157

1

CALIFORNIA MUST HOLD CASE MANAGMENT CONFERENCE WITHIN

Answer 157

1. 180 DAYS OF FILING COMPLAINT

Question 158

3

CA COMMUNITY PROPERTY - SPOUSE’S WRITTEN CONSENT IS NEEDED WHEN OTHER SPOUSE MAKES DISPOSAL OF

Answer 158

1. FAMILY DWELLING’S PERSONAL PROPERTY
2. OTHER SPOUSE’S CLOTHING
3. CHILDREN’S CLOTHING

Question 159

1

CA COMPETENCE INCLUDES THIS SUPERVISORY REQUIREMENT

Answer 159

1. SUPERVISE WORK OF SUBORDINATE ATTORNEYS AND NON-LAWYER EMPLOYEES

Question 160

3

CA COMPETENCY REQUIREMENTS - FAILURE TO PERFORM COMPETENTLY MUST NOT BE A RESULT OF ATTORNEY FAILING

Answer 160

1. INTENTIONALLY
2. RECKLESSLY
3. REPEATEDLY

Question 161

2

IN CA, CONTRACT CHOICE OF LAW PROVISIONS APPLIED WHERE

Answer 161

1. LAWS ARE REASONABLE
2. LAWS DON’T CONFLICT WITH CA PUBLIC POLICY

Question 162

2

CALIFORNIA - CONTRACTS - WHERE NO CHOICE OF LAW PROVISION IN CONTRACT BUT MULTIPLE STATES’ LAWS ARE IN CONFLICT, THE COURT WILL EVALUATE

Answer 162

1. THE COMPARITIVE IMPAIRMENT TO EACH STATE’S INTEREST
2. SHOULD THE OTHER STATE’S LAW BE APPLIED.

Question 163

2

CA CONFLICT OF LAWS RULES - TORTS - WHERE TWO STATES’ LAWS ARE IN CONFLICT, THE COURT WILL EVALUATE

Answer 163

1. THE COMPARITIVE IMPAIRMENT TO EACH STATE’S INTEREST
2. SHOULD THE OTHER STATE’S LAW BE APPLIED.

Question 164

3

CA COURT’S CRITERIA FOR ANALYZING “COMMON COMMUNITY OF INTEREST” FOR CLASS ACTION REQUIREMENT.

Answer 164

1. DO COMMON QUESTIONS OF LAW OR FACT PREDOMINATE?
2. IS THE CLASS REPRESENTATIVE ADEQUATE?
3. WILL THE CLASS EXISTENCE OFFER SUBSTANTIAL BENEFIT TO THE PARTIES AND THE COURT?

Question 165

5

CA FACTORS FOR ASSESSING ATTY FEES

NTEND

TO NOT CHARGE UNCONSCIOONABLE FEES

Answer 165

DIFFICULTY OF LEGAL ISSUES

1. NOVELTY OF ISSUES
2. TIME LIMITATION
3. EXPERIENCE
4. NATURE OF RELATIONSHIP WITH CLIENT
5. DIFFICULTY OF LEGAL ISSUES

Question 166

2

CALIFORNIA ALLOWS INTERVENTION WHERE THE PARTY HAS

Answer 166

1. DIRECT INVOLVEMENT WITH ISSUE IN DISPUTE IN CASE
2. BUT NOT IF PARTY HAS MERELY CONSEQUENTIAL INVOLVEMENT WITH ISSUE IN DISPUTE IN CASE.

Question 167

2

CA REQUIREMENT WHERE ADVERTISEMENT LISTS CASE RESULTS

Answer 167

1. MUST STATE THAT RESULTS ARE NOT TYPICAL
2. OR PREDICTION OF FUTURE RESULTS

Question 168

4

CA REQUIREMENTS FOR ATTORNEY ADVERTISING

Answer 168

1. MAILER MUST STATE IT IS ATTORNEY ADVERTISING ON OUTSIDE AND INSIDE
2. ADVERTISEMENT MUST BE HELD FOR TWO YEARS
3. MAILER MUST INCLUDE ATTORNEY’S CONTACT INFORMATION
4. ATTORNEY’S FIELD OF EXPERTISE

Question 169

2

CA REQUIREMENTS FOR REPORTING KNOWN ATTORNEY MISCONDUCT

Answer 169

1. PERMISSIVE
2. MUST SELF REPORT

Question 170

2

CA RULES AGAINST SEXUAL RELATIONSHIP WITH CLIENT

Answer 170

1. CANNOT REPRESENT IF SEXUAL RELATIONSHIP IMPAIRS REPRESENTATION
2. CANNOT USE UNDUE INFLUENCE TO GAIN SEXUAL RELATIONS

Question 171

2

CA NOTICE AND SERVICE REQUIREMENNTS FOR CLASS ACTION

Answer 171

1. INDIVIDUAL NOTICE NOT REQUIRED
2. PUBLICATION IS FINE FOR SERVICE

Question 172

2

CA TIME LIMITS TO FILE NOTICE OF APPEAL

Answer 172

1. 60 DAYS AFTER NOTICE OF ENTRY OF JDUGMENT OR
2. 180 DAYS AFTER ENTRY OF JUDGMENT

Question 173

4

CALIFORNIA - FORUM NON CONVENIENS STANDARD - PRIVATE AND PUBLIC FACTORS

Answer 173

1. BURDEN ON COMMUNITY
2. APPLICABLE LAWS
3. CONVENIENCE TO PARTIES
4. LOCATION OF WITNESSES AND EVIDENCE.

Question 174

1

CALIFORNIA - MOTION TO SET ASIDE JUDGMENT BASED ON ERROR/MISTAKE/SURPRISE MUST BE FILED WITHIN

Answer 174

1. SIX MONTHS

Question 175

2

CALIFORNIA - SERVICE BY PUBLICATION

Answer 175

1. AFTER NOTHING ELSE WORKS
2. ATTORNEY MUST PROVIDE AFFADAVIT OF REASONABLE ATTEMPTS IN EFFECTING SERVICE.

Question 176

2

CALIFORNIA ADDITIONAL LOGICAL RELEVANCE REQUIREMENT ALSO REQUIRES THAT THE DISPUTED FACT

Answer 176

1. IS OF CONSEQUENCE
2. TO THE DETERMINATION OF THE ACTION

Question 177

2

CALIFORNIA ANTI-SLAPP BURDEN OF PROOF REQUIREMENTS

Answer 177

1. BURDEN OF PROOF SHIFTS TO PLAINTIFF
2. WHO MUST PROVE THE PROVE THE PROBABLITY OF WINNING SPEECH CHILLING LAWSUIT CASE ON ON ITS THE MERITS

Question 178

2

CALIFORNIA APPLICATIONS ATTORNEY WORK PRODUCT APPLIES TO WORK GENERATED BY THE

Answer 178

1. ATTORNEY
2. OR HIS AGENT

Question 179

2

CALIFORNIA CLASS ACTION ALLOWED WHERE:

Answer 179

1. THERE IS AN ASCERTAINABLE CLASS
2. THERE IS A WELL DEFINED COMMUNITY OF INTEREST AMONG CLASS MEMBERS.

Question 180

2

CALIFORNIA COMPARATIVE FAULT PROOF REQUIREMENT

Answer 180

1. PLAINTIFF WAS ALSO NEGLIGENT
2. PLAINTIFF’S NEGLIGENCE WAS A SUBSTANTIAL FACTOR IN CAUSING HIS OR HER OWN HARM

Question 181

3

CALIFORNIA DOE AMENDEMENTS - PLAINTIFF CAN AMEND AND IDENTIFY DOE DEFENDANTS WHERE (ALLOWANCES FOR IGNORACE)

Answer 181

1. SHE WAS GENUINELY IGNORANT OF THE IDENTITY OF THE DEFENDANTS OR
2. THE FACTS GIVING RISE TO THE ACTION OR
3. THE FACTS THAT THE LAW PROVIDES A CAUSE OF ACTION

Question 182

5

CALIFORNIA MARRIAGE

Answer 182

1. CONSENSUAL CIVIL CONTRACT
2. BETWEEN TWO PERSONS
3. FOLLOWED BY LICENSE
4. SOLEMNIZATION
5. AUTHENTICATION

Question 183

3

CALIFORNIA REQUIREMENT FOR AFFIRMATIVE DEFENSES IN ANSWER - DEFENDANT MUST PROVIDE

Answer 183

1. FACTUAL DETAIL
2. FOR EACH ELEMENT
3. OF EACH AFFIRMATIVE DEFENSE.

Question 184

1

THE CALIFORNIA BAR REQUIRES ALL ATTORNEYS GIVE THIS LEVEL OF NOTICE TO CLIENTS WITH POTENTIAL COIS

Answer 184

1. WRITTEN NOTICE

Question 185

1

CALIFORNIA SPECIAL INTERROGATORY LIMITS

Answer 185

1. 35 SPECIAL INTERROGATORIES MAY BE ASKED WITHOUT COURT LEAVE

Question 186

3

CALIFORNIA TRANSFER OF VENUE STANDARD

Answer 186

1. TRANSFER OCCURS AT JUDGE’S DISCRETION
2. WHERE INTERESTS OF JUSTICE AND
3. CONVENIENCE OF PARTIES ARE SERVED BY TRANSFER.

Question 187

2

CALIFORNIA VERDICT REQUIREMENTS FOR AMOUNT OF JURORS AGREEING ON DECISION

Answer 187

1. 3/4 JURY FOR CIVIL
2. UNANIMOUS FOR CRIMINAL

Question 188

1

CAPACITY - AGE REQUIREMENTS FOR VALID WILL

Answer 188

1. “OF LEGAL AGE” - TESTATOR IS AT LEAST 18

Question 189

2

CAPACITY REQUIREMENTS OF AGENT

Answer 189

1. MINIMAL CAPACITY (MENTAL HEALTH OK)
2. MINORS ARE OK

Question 190

2

CAPACITY REQUIREMENTS OF PRINCIPAL

Answer 190

1. CAPACITY TO CONTRACT
2. NO MINORS

Question 191

4

CATCHALL HEARSAY EXCEPTION - STATEMENT WILL BE ADMISSIBLE WHERE IT HAS

Answer 191

1. CIRCUMSTANTIAL GUARANTEES OF TRUSTWORTHINESS
2. OFFERED AS EVIDENCE OF MATERIAL FACT
3. MORE PROBATIVE ON THE POINT THAN ANY OTHER PRESENTLY AVAILABLE EVIDENCE.
4. ADMISSION SERVES THE INTEREST OF JUSTICE.

Question 192

2

CATEGORIES OF EXPRESS TRUSTS

Answer 192

1. PRIVATE TRUSTS FOR THE BENEFIT OF ASCERTAINABLE BENEFICIARIES
2. CHARITIABLE TRUSTS FOR THE BENEFIT OF SOCIETY AT LARGE

Question 193

3

CATEGORIES OF TRUSTS

Answer 193

1. EXPRESS
2. RESULTING
3. CONSTRUCTIVE

Question 194

1

CAUSE OF ADMINISTRATIVE DISSOLUTION OF CORPORATION

Answer 194

1. SECRETARY OF STATE FORCES CORP TO DISSOLVE DUE TO ADMINISTRATIVE FAILURES

Question 195

4

CAUSES OF JUDICIAL DISSOLUTION OF CORPORATION - COURT WILL FORCE DISSOLUTION WHERE

Answer 195

1. FRAUD
2. ULTRA VIRES ACTION
3. MISCONDUCT
4. CREDITORS SEEKING TO ENFORCE JUDGMENT

Question 196

4

CEC 252 - COURT HAS RIGHT TO ORDER EXCLUSION OF EVIDENCE WHERE PROBATIVE VALUE IS OUTWEIGHED BY

Answer 196

1. UNFAIR PREJUDICE
2. CONFUSION OF THE ISSUES
3. MISLEADING JURY
4. WASTING TIME

Question 197

2

CEC ALLOWS PRIOR INCONSISTENT STATEMENTS TO BE ADMITTED AS SUBSTANTIVE EVIDENCE WHERE THE PRIOR STATEMENTS WERE MADE

Answer 197

1. NOT UNDER OATH
2. UNDER OATH

Question 198

1

CEC DIFFERENCE FROM FRE FOR VICARIOUS PARTY ADMISSION

Answer 198

1. CEC ALLOWS VICARIOUS PARTY ADMISSION IF ONLY BASIS FOR RESPONDEAT SUPERIOR.

Question 199

3

CEC: ON CROSS-EXAMINATION, PROSECUTOR MAY REBUT DEFENDANT’S CHARACTER EVIDENCE WITH

Answer 199

1. REPUTATION EVIDENCE
2. OPINION EVIDENCE
3. NO PAST BAD ACTS (SUBJECT TO PROP. 8)

Question 200

3

ESTOPPEL BY DEED OCCURS WHERE GRANTOR

Answer 200

1. PURPORTS TO CONVEY AN INTEREST IN A PROPERTY HE DOES NOT HAVE
2. BUT LATER GAINS A VALID INTEREST IN THE PROPERTY
3. ESTATE AUTOMATICALLY TRANSFERS TO GRANTEE

Question 201

3

SIXTH AMENDMENT RIGHT TO JURY - DUREN TEST FOR CHALLENGING FAIRNESS OF JURY SELECTION - IS THE GROUP ALLEGED TO BE EXCLUDED

Answer 201

1. A DISTINCTIVE GROUP
2. WHOSE REPRESENTATION IS NOT FAIR OR REASONABLE IN RELATION TO THE PERCENTAGE OF SUCH A GROUP IN THE COMMUNITY
3. UNREPRESENTED DUE TO SYSTEMATIC EXCLUSION IN THE JURY SELECTION PROCESS

Question 202

2

CHARACTER EVIDENCE - FRE ALLOWS CHARACTER EVIDENCE IN CIVIL CASES OF

Answer 202

1. SEXUAL ASSAULT
2. CHILD MOLESTATION

Question 203

3

CHARITABLE TRUST

Answer 203

1. MADE FOR A CHARITABLE PURPOSE
2. MUST BENEFIT SOCIETY AT LARGE
3. WHERE PURPOSE FAILS - APPLY CY PRES DOCTRINE

Question 204

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

Answer 204

1. ABNORMALLY DANGEROUS ACTIVITIES

Question 205

2

CHILDREN

Answer 205

1. ARE NOISY

Question 206

3

FOR INTESTATE SUCESSION, ADOPTION SEVERS

Answer 206

1. THE RELATIONSHIP BETWEEN PARENT-CHILD
2. UNLESS NATURAL PARENT’S SPOUSE ADOPTED CHILD
3. AND NATURAL PARENT COHABITATED WITH CHILD

Question 207

3

CITIZENSHIP FOR CORPORATIONS

Answer 207

1. CORPORATIONS CAN BE CITIZENS OF TWO STATES
2. THEY ARE CITIZENS IN THE STATE WHERE INCORPORATED
3. THEY ARE CITIZENS IN THE STATE WHERE THEIR PRINCIPAL PLACE OF BUSINESS IS LOCATED.

Question 208

1

CITIZENSHIP FOR UNINCORPORATED BUSINESSES

Answer 208

1. COURT LOOKS AT CITIZENSHIP OF ALL PARTNERS

Question 209

1

CITIZENSHIP REQUIREMENTS FOR DIVERSITY OF CITIZENSHIP

Answer 209

1. NO DEFENDANT MAY BE A CITIZEN OF THE SAME STATE AS ANY PLAINTIFF

Question 210

2

CIVIL CASE - CHARACTER EVIDENCE IS ONLY ADMISSIBLE WHERE CHARACTER IS

Answer 210

1. AT ISSUE
2. AN ESSENTIAL ELEMENT OF THE CASE

Question 211

3

CLASS ACTION FAIRNESS ACT ALLOWS FEDERAL COURT TO HEAR A CLASS ACTION CASE WHERE ALL OF OF THESE REQUIREMENTS ARE MET:

Answer 211

1. ANY CLASS MEMBER IS DIVERSE FROM ANY DEFENDANT.
2. THE CLASS CLAIMS AGGREGATE TO EXCEED FIVE MILLION DOLLARS
3. THERE ARE AT LEAST 100 CLASS MEMBERS

Question 212

3

WILLS - CLASS GIFTS OCCUR WHEN TESTATOR BEQUEATHS PROPERTY TO

Answer 212

1. A GROUP OF PEOPLE NOT INDIVIDUALLY NAMED
2. BUT IDENTITY OF GROUP EASILY ASCERTAINABLE
3. SATISFYING IDENTIFICATION OF BENEFICIARY REQUIREMENT

Question 213

3

FEDERAL CLASS ACTIONS MUST BE ONE OF THESE THREE TYPES

Answer 213

1. QUESTIONS OF LAW COMMON TO CLASS PREDOMINATE OVER QUESTIONS OF LAW AFFECTING INDIVIDUALS
2. PREJUDICE MAY OCCUR WITH INCONSISTENT RESULTS OR WHEN AVAILABLE FUNDS ARE DEPLETED BY INDIVIDUALS
3. INJUNCTIVE RELIEF IS SOUGHT

Question 214

5

CLASSIFICATIONS OF TESTAMENTARY GIFTS

Answer 214

1. SPECIFIC GIFTS
2. CLASS GIFTS
3. GENERAL GIFTS
4. DEMONSTRATIVE GIFTS
5. RESIDUARY GIFTS

Question 215

2

CO-DEFENDANTS - ONE DEFENDANT CONFESSES. CONFESSION MAY ONLY BE USED IN NON-CONFESSING DEFENDANT’S CRIMINAL TRIAL WHERE

Answer 215

1. ALL IMPLICATING DETAILS ARE ABLE TO BE REDACTED
2. OR CONFESSING CO-DEFENDANT TAKES THE STAND AND IS SUBJECT TO X-EXAM.

Question 216

4

CODICIL - ELEMENTS

Answer 216

1. AMENDMENT TO AN EXISTING WILL
2. MADE TO CHANGE, EXPLAIN OR REPUBLISH
3. SAME FORMALITY REQUIREMENTS AS WILLS AND HOLOGRAPHIC WILLS
4. REPUBLISHES WILL AS OF THE DATE OF THE CODICIL

Question 217

2

COLLATERAL BAR ON PRIOR RESTRAINT RULE

Answer 217

1. CAN’T ASSERT UNCONSTUTIONAL RESTRAINT ON SPEECH
2. AFTER PRIOR RESTRAINT ISSUED

Question 218

2

COLLATERAL ESTOPPEL - AN ISSUE IS NECESSARILY DECIDED ON THE MERITS WHERE

Answer 218

1. ISSUE IS CONNECTED TO FINAL ADJUDICATION
2. ISSUE WAS NOT DECIDED BASED ON A TECHNICALITY

Question 219

4

COLLATERAL ESTOPPEL WILL APPLY WHERE

Answer 219

1. ISSSUE IS IDENTICAL TO ISSUE IN PRIOR CASE.
2. ISSUE WAS ACTUALLY LITIGATED IN PRIOR CASE.
3. FINAL JUDGMENT ON THE MERITS IN PRIOR CASE
4. ISSUE WAS ESSENTIAL TO THE JUDGMENT

Question 220

2

COLLATERAL ESTOPPEL/ISSUE PRECLUSION IN FEDERAL COURTS IS DETERMINED BY THESE AUTHORITIES

Answer 220

1. FEDERAL COMMON LAW
2. STATE LAW WHERE COURT SITUATED.

Question 221

1

COLLATERAL SOURCE RULE

Answer 221

1. PLAINTIFF’S DAMAGES ARE NOT REDUCED BY AMOUNT OF BENEFITS PAID BY OTHER SOURCES

Question 222

2

ENFORCEMENT OF PARTIAL PERFORMANCE OF A DIVISIBLE CONTRACT

Answer 222

1. A PARTY TO A DIVISIBLE CONTRACT MAY COLLECT THE CONTRACT PRICE FOR ALL DUTIES PERFORMED
2. EVEN WHERE HE BREACHES THE REMAINDER OF THE CONTRACT.

Question 223

1

COLORABLE CLAIM OF INNOCENCE

Answer 223

1. SEEMINGLY GENUINE OR LEGALLY VALID CLAIM OF INNOCENCE

Question 224

1

LIABILITY FOR PRODUCTS LIABILITY - COMMERCIAL SELLER IS

Answer 224

1. ANYONE ENGAGED IN THE BUSINESS OF MARKETING AND DISTRIBUTION CHAIN OF AN UNREASONABLY DANGEROUS PRODUCT

Question 225

3

COMMINGLED FUNDS, TRANSMUTATION

AND TRACING

Answer 225

1. WHERE SPOUSE ADVOCATING SEPERATE PROPERTY
2. CAN TRACE SP PORTION OF FUNDS IN CP BANK ACCOUNT
3. NO TRANSMUTING OF SP FUNDS TO CP

Question 226

2

COMMINGLING RULES AND EQUITABLE LIENS

Answer 226

1. PROPERTY NEED NOT BE TRACEABLE TO ITS ORIGINAL FORM
2. COMMINGLING OK

Question 227

4

COMMON CARRIER DOCTRINE AND EMBEZZLEMENT

Answer 227

1. UNDER THE COMMON CARRIER DOCTRINE
2. COMMON CARRIERS ARE LAWFULLY ENTRUSTED WITH POSSESSION OF PASSENGERS’ PERSONAL PROPERTY
3. MAKING THEFT BY CARRIER’S EMPLOYEES EMBEZZLEMENT
4. EVEN WHERE PROPERTY IS “LOST”.

Question 228

3

COMMON LAW ARSON

Answer 228

1. COMMON LAW ARSON IS A GENERAL INTENT CRIME
2. DONE BY MALICIOUSLY BURNING
3. THE DWELLING STRUCTURE OF ANOTHER.

Question 229

3

COMMON LAW CONSPIRACY

Answer 229

1. A SPECIFIC INTENT CRIME
2. TWO OR MORE PERSONS AGREE
3. TO WORK TOGETHER TO ACCOMPLISH AN ILLEGAL GOAL

Question 230

1

COMMON LAW DUTY OF LAND POSSESSORS TO THOSE OFF OF THE LAND

Answer 230

1. CONDUCT AND CONTROL ACTIVITIES TO NOT INJURE OTHERS OFF OF THE LAND

Question 231

2

COMMON LAW DUTY TO INVITEES

Answer 231

1. DUTY TO INSPECT
2. DUTY TO WARN OF DANGERS HIDDEN AND KNOWN

Question 232

2

COMMON LAW DUTY TO KNOWN TRESPASSERS

Answer 232

1. DUTY TO WARN OF HIDDEN DANGERS
2. NO DUTY TO INSPECT

Question 233

1

COMMON LAW DUTY TO LICENSEES

Answer 233

1. DUTY TO WARN OF KNOWN DANGERS AND ARTIFICIAL CONDITIONS

Question 234

1

COMMON LAW DUTY TO UNKNOWN TRESPASSERS

Answer 234

1. NO DUTY

Question 235

3

COMMON LAW KIDNAPPING

Answer 235

1. UNDER COMMON LAW, KIDNAPPING IS A SPECIFIC INTENT CRIME
2. OF UNLAWFULLY CONFINING AND CARRYING AWAY THE VICTIM
3. AGAINST THE VICTIM’S WILL ACROSS STATE OR FEDERAL LINES.

Question 236

1

REQUIREMENT FOR CONSIDERATION FOR MODFICATION UNDER COMMON LAW

Answer 236

1. AT COMMON LAW, A MODFICATION OF CONTRACT MUST BE SUPPORTED BY CONSIDERATION TO BE BINDING AT LAW.

Question 237

3

WHEN DOES AN OFFER LAPSE AT COMMON LAW?

Answer 237

1. AN ORAL OFFER GENERALLY LAPSES AT THE END OF THE CONVERSATION
2. A WRITTEN OFFER GENERALLY LAPSES AT THE DEADLINE IMPLIED BY THE DISPATCH
3. ABSENT CONTRARY AGREEMENT OR IMPLICATION.

Question 238

5

SUFFICIENT OFFER UNDER THE COMMON LAW

Answer 238

1. AT COMMON LAW, AN OFFER IS SUFFICIENT WHERE IT SPECIFIES THE PARTIES
2. PRICE
3. SUBJECT MATTER
4. QUANTITY
5. TIME OF PERFORMANCE.

Question 239

2

COMMON LAW SOLICITATION

Answer 239

1. A SPECIFIC INTENT CRIME
2. WHERE DEFENDANT URGES ANOTHER PERSON TO COMMIT A CRIMINAL ACT.

Question 240

6

COMMON LAW STATUTE OF FRAUDS - REQUIRES WRITING TO MAKE CONTRACTS FOR THE FOLLOWING SUBJECT MATTERS LEGALLY BINDING

Answer 240

1. MARRIAGE
2. CONTRACTS TAKING OVER A YEAR TO PERFORM
3. CONTRACTS INVOLVING LAND
4. EXECUTORY CONTRACTS
5. SALES OF GOODS IN EXCESS OF $500.
6. SURETY CONTRACTS

Question 241

2

COMMON LAW REQUIREMENTS FOR TIMELY PERFORMANCE BECOMING A MATERIAL CONDITION OF THE CONTRACT

Answer 241

1. TIMELY PERFORMANCE MAY BE AN EXPRESS MATERIAL CONDITION OF THE CONTRACT
2. OR WHERE PARTIES KNOW TARDY PERFORMANCE WILL DENY THE EXPECTED BENEFIT OF THE BARGAIN, TIMELY PERFORMANCE IS AN IMPLIED MATERIAL CONDITION.

Question 242

3

COMMON LAW TRESPASS WAS THE CRIME OF

Answer 242

1. WILLFULLY MAKING AN ENTRY ON TO REAL PROPERTY OR STRUCTURE
2. WITHOUT THE PERMISSION OF ITS RIGHTFUL OCCUPIER
3. WITH SPECIFIC INTENT TO INTERFERE WITH THE PROPERTY OR DISTURB THE PEACE THEREON.

Question 243

4

COMMUNITY PROPERTY

Answer 243

1. ALL PROPERTY
2. ACQUIRED BY MARRIED PERSON
3. WHILE DOMICILED IN CA
4. THAT ISN’T CLASSIFIED AS SP

Question 244

4

COMMUNITY PROPERTY

Answer 244

1. ALL PROPERTY
2. ACQUIRED BY MARRIED PERSON
3. WHILE DOMICILED IN CA
4. THAT ISN’T CLASSIFIED AS SP

Question 245

3

COMMUNITY PROPERTY - CONTRIBUTIONS USED TO IMPROVE SPOUSE’S OWN SEPARATE PROPERTY

Answer 245

1. COMMUNITY IS REIMBURSED FOR INCREASED VALUE OF SEPARATE PROPERTY
2. OR REIMBURSED FOR AMOUNT CONTRIBUTED
3. WHICHEVER IS GREATER

Question 246

3

COMMUNITY PROPERTY - CONTRIBUTIONS USED TO IMPROVE SPOUSE’S OWN SEPARATE PROPERTY - COMMUNITY IS REIMBURSED FOR

Answer 246

1. INCREASED VALUE OF SEPARATE PROPERTY
2. OR REIMBURSED FOR AMOUNT CONTRIBUTED
3. WHICHEVER IS GREATER

Question 247

3

COMMUNITY PROPERTY - CONTRIBUTIONS USED TO IMPROVE SPOUSE’S OWN SEPARATE PROPERTY - COMMUNITY IS REIMBURSED FOR

Answer 247

1. INCREASED VALUE OF SEPARATE PROPERTY
2. OR REIMBURSED FOR AMOUNT CONTRIBUTED
3. WHICHEVER IS GREATER

Question 248

2

COMMUNITY PROPERTY CONTRIBUTIONS

SPOUSE A USES CP TO IMPROVE TOWARD SPOUSE B’S SEPARATE PROPERTY -

OTHER PROPERTY (MINORITY VS. MAJORITY RULES)

Answer 248

1. MAJORITY RULE - PRESUMED GIFT UNLESS WRITTEN AGREEMENT TO REIMBURSE
2. MINORITY RULE - GIFT NOT PRESUMED AND REIMBURSEMENT GRANTED

Question 249

6

COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -

PEREIRA FORMULA (PSP)

Answer 249

1. START WITH ORIGINAL SP INVESTMENT
2. MULTIPLY BY FAIR RATE OF RETURN (10 PERCENT)
3. MULTIPLY THIS NUMBER BY THE NUMBER OF YEARS THE INVESTMENT HELD WHILE MARRIED
4. ADD THIS NUMBER TO ORIGINAL SP INVESTMENT
5. RESULT IS SEPARATE PROPERTY
6. SUBTRACT RESULT FROM VALUE OF BUSINESS AT DISSOLUTION AND THIS RESULT IS COMMUNITY PROPERTY

Question 250

2

COMMUNITY PROPERTY CONTRIBUTIONS

SPOUSE A USES CP TO IMPROVE TOWARD SPOUSE B’S SEPARATE PROPERTY -

OTHER PROPERTY

Answer 250

1. MAJORITY RULE - PRESUMED GIFT UNLESS WRITTEN AGREEMENT TO REIMBURSE
2. MINORITY RULE - GIFT NOT PRESUMED AND REIMBURSEMENT GRANTED

Question 251

3

COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -

WHEN TO USE VAN CAMP

Answer 251

1. WHEN CHARACTER OF BUSINESS THE CAUSE FOR ITS GROWTH
2. SPOUSE WAS WELL COMPENSATED DURING THE MARRIAGE
3. COMMUNITY ALREADY BENEFITED FROM BUSINESS

Question 252

6

COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -

PEREIRA FORMULA (PSP)

Answer 252

1. START WITH ORIGINAL SP INVESTMENT
2. MULTIPLY BY FAIR RATE OF RETURN (10 PERCENT)
3. MULTIPLY THIS NUMBER BY THE NUMBER OF YEARS THE INVESTMENT HELD WHILE MARRIED
4. ADD THIS NUMBER TO ORIGINAL SP INVESTMENT
5. RESULT IS SEPARATE PROPERTY
6. SUBTRACT RESULT FROM VALUE OF BUSINESS AT DISSOLUTION AND THIS RESULT IS COMMUNITY PROPERTY

Question 253

5

COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -

VAN CAMP FORMULA

Answer 253

1. START SALARY FOR SPOUSE (REASONABLE MARKET RATE)
2. MULTIPLY THIS BY YEARS BUSINESS OPERATED DURING MARRIAGE
3. DEDUCT COMMUNITY EXPENSES PAID WITH BUSINESS FUNDS
4. RESULT IS COMMUNITY PROPERTY
5. REMAINDER IS MANAGING SPOUSE’S SEPARATE PROPERTY

Question 254

3

COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -

WHEN TO USE VAN CAMP

Answer 254

1. WHEN CHARACTER OF BUSINESS THE CAUSE FOR ITS GROWTH
2. SPOUSE WAS WELL COMPENSATED DURING THE MARRIAGE
3. COMMUNITY ALREADY BENEFITED FROM BUSINESS

Question 255

2

COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -

WHEN TO USE PEREIRA

Answer 255

1. MOST VALUABLE FACTOR OF APPRECIATION WAS SPOUSE’S LABOR
2. FAVORS COMMUNITY

Question 256

5

COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -

VAN CAMP FORMULA

Answer 256

1. START SALARY FOR SPOUSE (REASONABLE MARKET RATE)
2. MULTIPLY THIS BY YEARS BUSINESS OPERATED DURING MARRIAGE
3. DEDUCT COMMUNITY EXPENSES PAID WITH BUSINESS FUNDS
4. RESULT IS COMMUNITY PROPERTY
5. REMAINDER IS MANAGING SPOUSE’S SEPARATE PROPERTY

Question 257

5

COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE’S SEPARATE PROPERTY - BUSINESS -

VAN CAMP FORMULA

Answer 257

1. START SALARY FOR SPOUSE (REASONABLE MARKET RATE)
2. MULTIPLY THIS BY YEARS BUSINESS OPERATED DURING MARRIAGE
3. DEDUCT COMMUNITY EXPENSES PAID WITH BUSINESS FUNDS
4. RESULT IS COMMUNITY PROPERTY
5. REMAINDER IS MANAGING SPOUSE’S SEPARATE PROPERTY

Question 258

2

COMMUNITY PROPERTY CONTRIBUTIONS

SPOUSE A USES CP TO IMPROVE TOWARD SPOUSE B’S SEPARATE PROPERTY -

OTHER PROPERTY (MINORITY VS. MAJORITY RULES)

Answer 258

1. MAJORITY RULE - PRESUMED GIFT UNLESS WRITTEN AGREEMENT TO REIMBURSE
2. MINORITY RULE - GIFT NOT PRESUMED AND REIMBURSEMENT GRANTED

Question 259

3

COMMUNITY PROPERTY ESSAY STRUCTURE (ROTH’S)

Answer 259

1. INTRO
2. GENERAL RULES
3. ASSETS

Question 260

2

COMMUNITY PROPERTY USED TO PAY PURCHASE PRICE OF SEPARATE PROPERTY -

FORMULA FOR FINDING COMMUNITY SHARE

Answer 260

1. FIND COMMUNITY INTEREST
2. MULTIPLY BY AMOUNT OF CAPITAL APPRECIATION

Question 261

3

COMMUNITY PROPERTY USED TO MAKE PAYMENTS ON SEPARATE PROPERTY -

MARRIAGE OF MOORE FORMULA FOR FINDING COMMUNITY INTEREST

Answer 261

1. AMOUNT COMMUNITY PAID DOWN PRINCIPAL
2. DIVIDED BY THE TOTAL LOAN AMOUNT
3. RESULT IS COMMUNITY’S SHARE

Question 262

2

COMMUNITY REAL PROPERTY - DISPOSAL AND CONTROL - SALE OR LEASE

BOTH SPOUSES MUST EXECUTE WRITTEN INSTRUMENT FOR:

Answer 262

1. SALE OF PROPERTY
2. LEASE OF PROPERTY FOR OVER A YEAR

Question 263

2

COMMUNITY REAL PROPERTY - DISPOSAL AND CONTROL - SALE OR LEASE

BOTH SPOUSES MUST EXECUTE WRITTEN INSTRUMENT FOR:

Answer 263

1. SALE OF PROPERTY
2. LEASE OF PROPERTY FOR OVER A YEAR

Question 264

1

COMPARATIVE FAULT - DEFENDANT MAY RAISE DEFENSE TO NEGLIGENCE WHERE

Answer 264

1. PLAINTIFF CONTRIBUTED A PERCENTAGE OF FAULT TO THE ACCIDENT

Question 265

2

COMPENSATORY DAMAGES FOR TORT

Answer 265

1. MONETARY COMPENSATION
2. AWARDED TO RETURN PLAINTIFF TO THE POSITION HE WAS IN BEFORE THE TORT OCCURRED.

Question 266

2

COMPETENCE TO STAND TRIAL - DEFENDANT IS AWARE OF

Answer 266

1. NATURE OF PROCEEDINGS AGAINST HIM
2. POSSIBLE CONSEQUENCES OF PROCEEDING

Question 267

3

COMPOUNDING IS THE CRIME OF

Answer 267

1. TAKING MONEY OR SOMETHING OF VALUE
2. IN EXCHANGE FOR A PROMISE
3. TO NOT TO REPORT ANOTHER’S CRIME.

Question 268

3

COMPULSORY COUNTERCLAIM ELEMENTS

Answer 268

1. ARISE FROM SAME TRANSACTION OR OCCURRENCE AS PLAINTIFF’S CLAIM
2. MUST BE RAISED IN PLAINTIFF’S CASE OR DEEMED WAIVED
3. SUPPLEMENTAL JURISDICTION WILL APPLY

Question 269

1

CONDEMNATION AND LEASEHOLDS - TO TERMINATE A LEASE - THE GOVERNMENT TAKING MUST BE

Answer 269

1. COMPLETE

Question 270

2

CONDITION CONCURRENT

Answer 270

1. CONDITION MUST BE SATISFIED AT THE SAME TIME A PERFORMANCE DUTY RIPENS
2. ESSENTIALLY NECESSITATING SIMULTANEOUS PERFORMANCE.

Question 271

1

CONDITION PRECEDENT

Answer 271

1. A CONDITION THAT MUST OCCUR FOR THE PERFORMANCE DUTY TO RIPEN.

Question 272

2

CONDITION SUBSEQUENT

Answer 272

1. A CONDITION OCCURRING AFTER AN ALREADY RIPENED DUTY.
2. WHICH OCCURRENCE OR NON-OCCURENCE WILL EXCUSE THE DUTY.

Question 273

3

WILLS - CONFLICT OF LAWS - WILL MUST COMPLY WITH THE LAWS OF THE PLACE

Answer 273

1. TESTATOR DOMICILED AT TIME OF EXECUTION
2. TESTATOR DOMICILED AT TIME OF DEATH
3. WILL EXECUTED

Question 274

1

CONGRESS MAY ONLY REGULATE PRIVATE ACTION UNDER

Answer 274

1. THE THIRTEENTH AMENDMENT.

Question 275

4

CONGRESSIONAL POWER - THESE FACETS OF INTERSTATE COMMERCE WILL TRIGGER COMMERCE CLAUSE

Answer 275

1. CHANNELS OF INTERSTATE COMMERCE
2. INSTRUMENTALITIES OF INTERSTATE COMMERCE
3. PERSONS AND THINGS MOVING INTERSTATE COMMERCE
4. ACTIVITIES INVOLVED IN INTERSTATE COMMERCE

Question 276

2

CONGRESSIONAL POWER - RIGHT TO CONDITION FUNDING LIMITS

Answer 276

1. MUST NOT BE EXCESSIVELY COERCIVE
2. CONDITIONS MUST NOT BE AMBIGUOUS

Question 277

2

CONGRESSIONAL POWER - WAR POWERS

Answer 277

1. RIGHT TO DECLARE WAR
2. RIGHT TO RAISE AND SUPPORT ARMED FORCES

Question 278

1

CONGRESSIONAL POWER - DELEGATION LIMITATIONS

Answer 278

1. CONGRESS MAY NOT DELEGATE ITS LEGISLATIVE POWERS

Question 279

1

CONGRESSIONAL POWER - DELEGATION LIMITATIONS

Answer 279

1. CONGRESS MAY NOT DELEGATE ITS LEGISLATIVE POWERS

Question 280

1

CONGRESSIONAL POWERS - CONGRESS MAY DELEGATE ITS REGULATORY POWERS TO OTHER BRANCHES OF GOVERNMENT WHERE

Answer 280

1. INTELLIGIBLE PRINCIPALS GOVERN THE EXERCISE OF THIS AUTHORITY

Question 281

3

CONGRESSIONAL POWERS - CONGRESS RESPONSIBLE FOR ENFORCING THESE POST CIVIL WAR AMENDMENTS

Answer 281

1. 13
2. 14
3. 15

Question 282

2

CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATES ARE FREE TO REGULATE INTERSTATE COMMERCE WHERE THEY DO NOT

Answer 282

1. DIRECTLY DISCRIMINATE AGAINST OUT OF STATE COMMERCE
2. UNDULY BURDEN INTERSTATE COMMERCE

Question 283

3

CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATE IS MARKET PARTICIPANT - STATE PREFERENCE TO CITIZENS MAY BE SHOWN IN

Answer 283

1. BUYING OR SELLING STATE MADE GOODS
2. GRANTING SUBSIDIES TO STATE CITIZENS
3. HIRING STATE CITIZEN LABOR

Question 284

2

CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATE LAW UNDULY BURDENING INTERSTATE COMMERCE WILL STILL BE VALID WHERE THE STATE

Answer 284

1. IS ACTING TO FURTHER IMPORTANT INTEREST
2. NO LESS DISCRIMINATORY ALTERNATIVES AVAILABLE.

Question 285

2

CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATE LAW UNDULY BURDENS INTERSTATE COMMERCE WHERE

Answer 285

1. BURDEN ON COMMERCE OUTWEIGHS
2. LOCAL INTERESTS PROTECTED OR BENEFITTED BY LEGISLATION

Question 286

3

CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - FACIALLY DISCRIMINATORY STATE LAW UPHELD WHERE

Answer 286

1. IT FURTHERS AN IMPORTANT NON ECONOMIC INTEREST AND
2. THERE ARE NO LESS DISCRIMINATORY ALTERNATIVES AVAILABLE
3. OR THE STATE IS A MARKET PARTICIPANT.

Question 287

2

CONGRESSIONAL POWERS - NATURALIZATION AND BANKRUPTCY

Answer 287

1. CONGRESS MAKES LAWS AFFECTING BANKRUPTCY
2. CONGRESS MAKES LAWS AFFECTING NATURALIZATION OF CITIZENS

Question 288

2

CONGRESSIONAL POWERS - NECESSARY AND PROPER CLAUSE

Answer 288

1. CONGRESS HAS AUTHORITY TO ENACT LAWS NECESSARY AND PROPER TO ACCOMPLISH ITS ENUMERATED POWERS
2. WHERE THE LAW IS RATIONALLY RELATED TO THE IMPLIMENTATION OF ITS ENUMERATED POWER

Question 289

1

CONGRESSIONAL POWERS - STATE LAW DIRECTLY DISCRIMINATES AGAINST OUT OF STATE COMMERCE WHERE

Answer 289

1. STATE LAW FACIALLY DISCRIMINATES AGAINST OUT OF STATE COMMERCE.

Question 290

1

CONSEQUENCE OF COMPARATIVE FAULT FINDING

Answer 290

1. PLAINTIFF’S RECOVERY IS REDUCED BY PERCENTAGE EQUAL TO PERCENTAGE OF FAULT FOUND

Question 291

1

CONSEQUENCE OF CONTRIBUTORY NEGLIGENCE

Answer 291

1. COMPLETE BAR TO PLAINTIFF’S RECOVERY

Question 292

4

CONSEQUENCE OF FRAUD PREVENTING REVOCATION OF WILL

Answer 292

1. COURT WILL NOT PROBATE THE WILL
2. PROPERTY GOES TO HEIRS IN A CONSTRUCTIVE TRUST
3. COURT DECREES HEIRS BENEFICIARIES OF CONSTRUCTIVE TRUST
4. WITH DUTIES TO TRANSFER PROPERTY TO INTENDED BENEFICIARIES

Question 293

3

CONSEQUENCE OF JOINT AND SEVERAL LIABILITY

Answer 293

1. PARTIES ARE EACH ASSIGNED A PERCENTAGE OF FAULT
2. PLAITIFF MAY SEEK WHOLE AWARD FROM ANY DEFENDANT
3. PAYING DEFENDANT/S SEEKS CONTRIBUTION FROM NON-PAYING DEFENDANT/S

Question 294

3

CONSEQUENTIAL DAMAGES

Answer 294

1. LOSSES RESULTING FROM THE BREACH
2. THAT ANY REASONABLE PERSON COULD HAVE FORESEEN
3. AT THE TIME OF ENTRY INTO THE CONTRACT

Question 295

4

REQUIREMENTS FOR FINDING CONSEQUENTIAL DAMAGES

Answer 295

1. DAMAGES CLEARLY CONTEMPLATED AT CONTRACT’S FORMATION
2. CLEARLY UNAVOIDABLE BY THE PLAINTIFF
3. CERTAIN IN AMOUNT
4. CAUSED BY THE BREACH

Question 296

3

CONSIDERATION REQUIRED FOR STOCK SHARES (AT COMMON LAW)

Answer 296

1. ANY INTANGIBLE OR TANGIBLE BENEFIT TO CORP
2. CANNOT BE FUTURE SERVICES
3. CANNOT BE UNSECURED DEBT

Question 297

3

DUE PROCESS CLAUSE LIMITATIONS ON STATUATORY BASES FOR PERSONAL JURISDICTION

Answer 297

1. SUFFICIENT MINIMUM CONTACTS
2. EXERCISE OF JURISDICTION IS REASONABLE
3. AND DOESN’T OFFEND TRADITIONAL NOTIONS OF FAIR PLAY AND SUBSTANTIAL JUSTICE

Question 298

3

CONSTRUCTIVE BREAKING FOR BURGLARY OCCURS WHEN ENTRY IS ACCOMPLISHED BY

Answer 298

1. THREAT OF VIOLENCE OR
2. AID OF CO-CONSPIRATOR OR
3. TRICKERY

Question 299

2

CONSTRUCTIVE CONDITIONS

Answer 299

1. CONDITIONS IMPLIED BY THE NATURE AND EXPRESS TERMS OF THE CONTRACT
2. THAT MUST BE SATISFIED BEFORE DUTIES RIPEN.

Question 300

2

CONSTRUCTIVE EVICTION APPLIES TO THESE LEASES

Answer 300

1. RESIDENTIAL LEASES
2. COMMERCIAL LEASES

Question 301

4

CONSTRUCTIVE EVICTION REQUIREMENTS

Answer 301

1. PREMISES VIRTUALLY UNINHABITABLE BECAUSE OF SUBSTANTIAL INTERFERENCE WITH PROPERTY USE AND ENJOYMENT
2. TENANT MUST NOTIFY LANDLORD
3. LANDLORD MUST FAIL TO RESPOND
4. TENANT MUST MOVE OUT W/IN REASONABLE TIME

Question 302

2

CONSTRUCTIVE SERVICE - REGISTERED MAIL

Answer 302

1. DEFENDANTS MAY BE SERVED BY REGISTERED MAIL
2. IF THEY AGREED TO WAIVE SERVICE OF PROCESS.

Question 303

4

CONSTRUCTIVE TRUST AS REMEDY FOR WRONGFULLY OBTAINING LEGAL TITLE TO PROPERTY - OCCURS WHERE THE WRONGFUL ACT

Answer 303

1. LED TO DETENTION OF AND OBTAINING LEGAL TITLE TO PROPERTY
2. DEFENDANT IS MADE TRUSTEE OF UNJUSTLY RETAINED PROPERTY
3. COMPELLING HIM TO RETURN PROPERTY TO PLAINTIFF
4. RENDERING LIABLE FOR ANY DAMAGES CAUSED TO PROPERTY

Question 304

1

CONTENT NEUTRAL SPEECH REGULATIONS STANDARD OF REVIEW

Answer 304

1. INTERMEDIATE REVIEW

Question 305

5

CONTINGENCY FEE REQUIREMENTS

Answer 305

1. IN WRITING
2. SIGNED BY THE CLIENT
3. DESCRIBING DUTIES OF LAWYER AND CLIENT
4. FEE OF LAWYER
5. WHETHER OR NOT FEE IS BEFORE OR AFTER PAYMENT OF COSTS

Question 306

1

CONTRACT CHOICE OF LAW PROVISIONS - WHERE LAW CONFLICTS WITH CA PUBLIC POLICY, CA WILL APPLY CA LAWS WHERE

Answer 306

1. IT HAS A MATERIALLY GREATER INTEREST IN HAVING ITS OWN LAW APPLIED VS. THE OTHER STATE

Question 307

2

CONTRACT OF ADHESION

Answer 307

1. THE RESULT OF A TAKE IT OR LEAVE IT OFFER
2. WILL NOT BE ENFORCED WHERE SUFFICIENT CONTRACTUAL INTENT IS FOUND LACKING.

Question 308

2

CONTRACTS FOR NECESSITIES OF LIFE AND UNDERAGE PROMISORS

Answer 308

1. CONTRACTS FOR NECESSITIES OF LIFE ARE ALWAYS LEGALLY BINDING
2. REGARDLESS OF AGE OF PROMISOR AT THE TIME OF ENTRY INTO THE CONTRACT.

Question 309

CONTRIBUTORY NEGLIGENCE - PLAINTIFF’S CONTRIBUTING NEGLIGENCE IS A COMPLETE BAR TO RECOVERY UNLESS LAST CLEAR CHANCE DOCTRINE SHOWS

Answer 309

1. DEFENDANTS HAD THE LAST CLEAR CHANCE TO AVOID AN ACCIDENT.

Question 310

1

CONTRIBUTORY NEGLIGENCE AVAILABLE DEFENSE WHERE

Answer 310

1. PLAINTIFF CONTRIBUTED TO HIS OR HER OWN INJURY

Question 311

1

CONTROLLING SHAREHOLDERS

Answer 311

1. A SHAREHOLDER WITH ENOUGH VOTING STRENGTH TO IMPACT CORPORATION

Question 312

1

CORPORATE CONVERSION

Answer 312

1. ENTITY CHANGES CORPORATE FORM

Question 313

2

CORPORATE DEBT CLASSES

Answer 313

1. SECURED DEBT IS BOND
2. UNSECURED DEBT IS DEBENTURE

Question 314

1

CORPORATE BOARD OF DIRECTORS MAY DELEGATE AUTHORITY TO ACT TO COMMITTEE OR OFFICER WHERE THIS IS GIVEN

Answer 314

1. UNANIMOUS WRITTEN CONSENT OF DIRECTORS

Question 315

1

CORPORATE BOND HOLDER HAS RIGHT TO RECIEVE

Answer 315

1. PAYMENTS PER INDENTURE AGREEMENT

Question 316

4

REQUIRED NUMBER, RESIGNING AND REMOVAL OF CORPORATE DIRECTORS

Answer 316

1. MUST BE AT LEAST ONE
2. MAY RESIGN W/NOTICE
3. MAY BE REMOVED BY SHAREHOLDER VOTE
4. MODERNLY, REMOVAL CAN HAPPEN W OR W/OUT CAUSE

Question 317

1

CORPORATE OFFICERS - APPOINTMENT

Answer 317

1. APPOINTED BY BOARD

Question 318

3

CORPORATE OFFICERS JOB ACTIONS

Answer 318

1. IMPLEMENT BOARD DECISIONS
2. ACT AS AGENTS OF CORP
3. ACTIONS BIND CORP

Question 319

2

CORPORATE OFFICERS - REMOVAL AND RESIGNATION

Answer 319

1. MAY BE REMOVED WITH SHAREHOLDER VOTE
2. MAY RESIGN WITH NOTICE

Question 320

2

CORPORATION BY ESTOPPEL - REMEDY IS AVAILABLE WHERE PLAINTIFF

Answer 320

1. REASONABLY RELIED ON REPRESENTATIONS OF CORP STATUS
2. AND IS SEEKING REMEDY AT CONTRACT

Question 321

1

CORPORATION PRINCIPAL PLACE OF BUSINESS - NERVE CENTER TEST

Answer 321

1. THE LOCATION WHERE CORPORATE OFFICERS CONTROL AND COORDINATE THE CORPORATION’S ACTIVITIES

Question 322

2

CORPORATION REQUIREMENTS TO BE SUBJECT TO 16B

Answer 322

1. LISTED ON NATIONAL STOCK EXCHANGE
2. OR HAVE 10 MILLION MORE IN ASSETS AND AT LEAST 500 SHAREHOLDERS

Question 323

4

CORPORATION’S RESIDENCE FOR ESTABLISHING VENUE IN CALIFORNIA CAN BE

Answer 323

1. THE COUNTY OF PPB OR
2. THE COUNTY WHERE CONTRACT ENTERED INTO
3. THE COUNTY WHERE CONTRACT BREACHED OR
4. THE COUNTY WHERE LIABILILTY AROSE

Question 324

1

CORPORATION’S RESIDENCE FOR VENUE OF FEDERAL COURT IS ESTABLISHED BY

Answer 324

1. WHERE THEY ARE SUBJECT TO PERSONAL JX AT THE TIME OF FILING.

Question 325

3

COUNTERCLAIM DEFINITION

Answer 325

1. OFFENSIVE CLAIM
2. FILED AGAINST AN OPPOSING PARTY
3. IN FEDERAL COURT

Question 326

1

COURT’S LIKELIHOOD TO INTERVENE WHERE BOTH PARTIES ENTER A CONTRACT WITH EQUAL GUILT

Answer 326

1. WHERE BOTH PARTIES ENTER THE CONTRACT WITH EQUAL AMOUNTS OF GUILT, THE COURT WILL NOT INTERVENE.

Question 327

2

COURTS OF LIMITED AND GENERAL SUBJECT MATTER JURISIDICTION

Answer 327

1. STATE COURTS - GENERAL SUBJECT MATTER JURISICTION WITH JURISDICTION OVER ANY MATTER NOT W/IN EXCLUSIVE JURISDICTION OF ANOTHER COURT
2. FEDERAL COURTS - LIMITED SUBJECT MATTER JURISDICTION WITH JURISDICTION OVER ONLY FEDERAL QUESTION AND DIVERSITY OF CITIZENSHIP CASES.

Question 328

4

COURT’S HAS POWER TO TERMINATE TRUST WHERE THERE IS

Answer 328

1. FRUSTRATION OF PURPOSE
2. IMPOSSIBLITY
3. ILLEGALITY
4. CHANGED CIRCUMSTANCES

Question 329

1

COURTS WILL TYPICALLY NOT TRANSFER INTENT FOR

Answer 329

1. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Question 330

2

COVENANT

Answer 330

1. PROMISE CONTAINED IN A CONTRACT
2. LESSER THAN A MATERIAL CONDITION

Question 331

3

CRIMINAL ASSAULT ELEMENTS

Answer 331

1. A SPECIFIC INTENT CRIME
2. OF ATTEMPTED BATTERY
3. OR INTENTIONALLY ACTING TO MAKE VICTIM FEAR AN IMMINENT HARMFUL OR OFFENSIVE CONTACT WITH VICTIM’S PERSON.

Question 332

2

CRIMINAL CASES - RAPE - SPECIFIC INSTANCES OF VICTIM’S CONDUCT ARE ONLY ADMISSIBLE TO SHOW

Answer 332

1. THIRD PARTY IS THE SOURCE OF INJURY
2. PRIOR ACTS OF CONSENSUAL INSTERCOURSE BETWEEN D AND ALLEGED VICTIM

Question 333

3

CRIMINAL FRAUD - FRAUD IS THE CRIME OF

Answer 333

1. MAKING A KNOWING MISREPRESENTATION OF MATERIAL FACTS
2. WITH THE SPECIFIC INTENT TO INDUCE RELIANCE ON THE MISREPRESENTED FACTS
3. TO PERMANENTLY DEPRIVE VICTIM OF PROPERTY OR SERVICES.

Question 334

2

CRIMINAL HOMICIDE

Answer 334

1. AN UNLAWFUL KILLING OF A HUMAN BEING
2. COMMITTED BY ANOTHER HUMAN BEING

Question 335

2

CRIMINAL NEGLIGENCE

Answer 335

1. CRIMINAL NEGLIGENCE IS A DELIBERATE GROSS DEVIATION FROM THE DUTY OF CARE
2. EXERCISED BY A REASONABLY PRUDENT PERSON.

Question 336

1

CRIMINAL PROSECUTOR MUST HAVE THIS BASIS TO BRING CRIMINAL CHARGES

Answer 336

1. PROBABLE CAUSE

Question 337

1

CROSS-CLAIMS AND COUNTERCLAIMS FOR AGGREGATION OF CLAIMS TO GET TO 75,000 FOR DIVERSITY

Answer 337

1. NOT ALLOWED.

Question 338

3

CROSSCLAIMS

Answer 338

1. OFFENSIVE CLAIM FILED IN FEDERAL COURT
2. AGAINST THIRD PARTY ARISING FROM SAME TRANSACTION OR OCCURRENCE GIVING RISE TO PLAINTIFF’S CLAIM
3. MAY BE FILED IN PLAINTIFF’ CASE OR A SEPARATE MATTER

Question 339

4

STEPS FOR CURING THE CONFLICT OF INTEREST ARISING FROM A SELF-DEALING CONTRACT BETWEEN A CONFLICTED BOARD MEMBER AND THE CORPORATION

Answer 339

1. MATERIAL DISCLOSURE MUST BE MADE BY CONFLICTED PARTY
2. CONTRACT MUST BE FAIR
3. THE CONTRACT CAN BE THEN AUTHORIZED BY DISINTERESTED BOARD MEMBERS
4. OR CONTRACT CAN THEN APPROVED BY MAJORITY OF SHAREHOLDERS

Question 340

3

CY PRES DOCTRINE

Answer 340

1. OBJECTIVE OF CHARITABLE TRUST BECOMES IMPOSSIBLE OR IMPRACITABLE TO FULFILL
2. COURT SUBSTITUTES ANOTHER OBJECTIVE AS CLOSE AS POSSIBLE TO THE ORIGINAL
3. IF CY PRES CAN’T WORK, COURTS PUT FUNDS IN RESULTING TRUST

Question 341

2

DAMAGES AND RESCISSION - CONSEQUENCE OF ORDER OF RELIEF SOUGHT

Answer 341

1. PLAINTIFF SUES FOR DAMAGES FIRST, RESCISSION NOT ALLOWED
2. PLAINTIFF SUES FOR RESCISSION FIRST, DAMAGES ARE ALLOWED.

Question 342

1

DAMAGES FOR BREACH OF LAND SALE CONTRACT

ARE USUALLY CALCULATED BY:

Answer 342

1. FINDING THE DIFFERENCE BETWEEN THE MARKET PRICE AND THE CONTRACT PRICE

Question 343

1

DATE OF ACCEPTANCE OF DEED

Answer 343

1. OCCURS ON THE DATE DEED DELIVERED INTO ESCROW UNLESS PARTIES EXPRESSLY AGREE OTHERWISE.

Question 344

2

DE FACTO CORPORATION IS CREATED BY A

Answer 344

1. GOOD FAITH BUT UNSUCCESSFUL ATTEMPT TO INCORPORATE
2. UNDER A VALID INCORPORATION STATUTE

Question 345

6

DE JURE CORPORATION (MA PAIN)

Answer 345

1. MEETS STATUATORY REQUIREMENTS INCLUDING SOS FILING THAT DETAILS
2. AUTHORIZED NUMBER OF SHARES
3. PURPOSE OF CORP
4. AGENT’S NAME AND ADDRESS
5. INCORPORATOR’S NAME AND ADDRESS
6. NAME OF CORPORATION

Question 346

2

DEADLINE TO FILE ANSWER TO FEDERAL CIVIL COMPLAINT

Answer 346

1. 21 DAYS OR
2. 60 DAYS IF SERVICE OF PROCESS WAIVED.

Question 347

4

DEBT - LIABILITY OF COMMUNITY FOR TORTFEASOR SPOUSE

Answer 347

1. COMMUNITY IS NOT LIABLE FOR TORTS OF SPOUSE
2. UNLESS TORT COMMITTED FOR BENEFIT OF COMMUNITY
3. COMMUNITY FUNDS MAY BE USED ONCE SEPARATE FUNDS ARE EXHAUSTED
4. REIMBURSEMENT ALLOWED WHERE ONE ESTATE PAYS FOR THE LIABILITY OF ANOTHER

Question 348

2

DEBT - SPOUSE’S SEPARATE PROPERTY’S AVAILABILITY

FOR COMMUNITY LIABILITY

Answer 348

1. SPOUSES SEPARATE PROPERTY ONLY AVAILABLE FOR PERSONAL LIABILITY
2. UNLESS COMMUNITY DEBT INCURRED BY NECESSARIES OF LIFE FOR CHILD OR SPOUSE

Question 349

3

DEBT - STEPS FOR SHIELDING NON-DEBTOR SPOUSE’S EARNINGS

Answer 349

1. EARNINGS DEPOSITED INTO DEPOSIT ACCOUNT
2. FROM WHICH DEBTOR SPOUSE CANNOT WITHDRAW FUNDS
3. AND COMMUNITY (OR DEBTOR SPOUSE’S) FUNDS ARE NEVER COMMINGLED

Question 350

2

THE COMMUNITY IS LIABLE FOR DEBTS INCURRED

Answer 350

1. DURING THE MARRIAGE BY EITHER SPOUSE
2. DEBTS INCURRED BEFORE MARRIAGE BY EITHER SPOUSE

Question 351

2

DEBT - TIMING - CHILD SUPPORT

Answer 351

1. LIABILITY FOR CHILD SUPPORT FOR A CHILD NOT A PRODUCT OF THE MARRIAGE IS TREATED AS A PRE-MARRIAGE DEBT
2. REGARDLESS OF WHEN SUPPORT ORDER ENTERED OR MODIFIED

Question 352

2

DEED DEFINITION - A DEED IS A DOCUMENT THAT

Answer 352

1. TRANSFERS TITLE OF REAL PROPERTY
2. FROM ONE PARTY TO ANOTHER.

Question 353

3

TO BE EFFECTIVE, A DEED MUST

Answer 353

1. COMPLY WITH FORMALITY REQUIREMENTS,
2. BE DELIVERED
3. AND ACCEPTED

Question 354

3

DEED OF TRUST

Answer 354

1. FUNCTIONS LIKE MORTGAGE
2. GIVEN TO THIRD PARTY TRUSTEE
3. DEBTOR IS MADE “TRUSTOR”

Question 355

3

DEEP ROCK DOCTRINE

Answer 355

1. CORPORATION IS INSOLVENT
2. 3RD PARTY CREDITORS PAID FIRST
3. SHAREHOLDER CLAIMS SUBORDINATE

Question 356

3

DEFAMATION - DEFENSE OF ABSOLUTE PRIVILEGE TRIGGERS

Answer 356

1. SPOUSAL PRIVILEGE
2. MADE ON THE LEGISLATURE FLOOR
3. MADE DURING JUDICIAL PROCEEDINGS

Question 357

3

DEFAMATION - LIABILITY ARISES WHERE DEFENDANT

Answer 357

1. PUBLISHES A FALSE STATEMENT OF MATERIAL FACT
2. TO A THIRD PARTY
3. CAUSING DAMAGES TO PLAINTIFF’S REPUTATION

Question 358

1

DEFAMATION - TO BE A PUBLIC FIGURE, AN INDIVIDUAL MUST

Answer 358

1. AFFIRMATIVELY ACT TO STEP INTO THE SPOTLIGHT

Question 359

2

DEFENDANT LOSES QUALIFIED PRIVILEGE FOR DEFAMATION DEFENSE WHERE

Answer 359

1. HE ACTS WITH MALICE
2. OR OUTSIDE THE SCOPE OF PRIVILEGE

Question 360

2

DEFENDANT MAY USE THE TORT DEFENSE OF SELF WHERE HE

Answer 360

1. USES REASONABLE FORCE
2. IS NOT THE AGGRESSOR

Question 361

2

PRIVATE CITIZEN DEFENDANT MAY USE THE DEFENSE OF AUTHORITY OF LAW WHERE

Answer 361

1. USED REASONABLE FORCE
2. TO PREVENT OR STOP COMMISSION OF SERIOUS CRIME OCCURRING IN HIS PRESENCE

Question 362

2

DEFENDANT MAY USE THE DEFENSE OF CONSENT TO INTENTIONAL TORTS WHERE ACT COMMITTED WAS

Answer 362

1. CONSENTED TO BY FULLY INFORMED PLAINTIFF WITH LEGAL CAPACITY
2. DID NOT CAUSE SERIOUS BODILY HARM

Question 363

3

DEFENDANT MAY USE THE DEFENSE OF DISCIPLINE WHERE DEFENDANT WAS

Answer 363

1. A FIGURE OF AUTHORITY
2. PRIVILEGED TO USE REASONABLE NON-DEADLY FORCE
3. FOR THE REASONABLE APPLICATION OF DISCIPLINE WHERE APPROPRIATE

Question 364

3

DEFENDANT’S RIGHT TO REMOVE TO FEDERAL COURTREQUIREMENTS

Answer 364

1. SUBJECT MATTER JX
2. IF DIVERSITY CASE, DEFENDANT CANT BE CITIZEN OF FORUM STATE
3. REMOVABLE MUST BE TO FEDERAL COURT EMBRACING STATE COURT WHERE CASE ORIGINALLY FILED

Question 365

3

DEFENSE OF CONSENT - DEFENDANT MAY RAISE DEFENSE OF CONSENT TO ACTS

Answer 365

1. NOT CAUSING SERIOUS BODILY HARM OR DEATH
2. CONSENTED TO BY FULLY INFORMED ADULT
3. WITH LEGAL CAPACITY TO CONSENT.

Question 366

4

DEFENSE OF DOMESTIC AUTHORITY

Answer 366

1. DEFENDANTS WITH LEGALLY RECOGNIZED POSITIONS OF AUTHORITY OVER OTHERS
2. HAVE A QUALIFIED PRIVILEGE
3. TO USE REASONABLE NON-DEADLY FORCE
4. IN THE PROPER PERFORMANCE OF THEIR DUTIES.

Question 367

3

DEFENSE OF DURESS - CRIMINAL LAW - DEFENDANT MAY RAISE THE DEFENSE OF DURESS WHERE

Answer 367

1. CRIME WAS COMMITTED DUE TO IMPLIED OR EXPRESS THREAT OF IMMINENT HARM
2. TO DEFENDANT OR OTHERS
3. UNLESS CRIME COMMITTED WAS MURDER.

Question 368

2

DEFENSE OF DURESS (CONTRACTS)

Answer 368

1. WHERE DEFENDANT ENTERED CONTRACT DU TO THREAT OF HARM
2. OR WHERE DELIBERATE ACTS WHERE PERFORMED TO CREATE THE THREAT OF ECONOMIC HARM.

Question 369

1

DEFENSE OF DWELLING

Answer 369

1. A DEFENDANT IS PRIVILEGED TO USE REASONABLE FORCE TO DEFEND HIS DWELLING.

Question 370

2

DEFENSE OF DWELLING - CALIFORNIA - DEADLY FORCE MAY BE USED WHERE

Answer 370

1. UNLAWFUL FORCED ENTRY INTO DWELLING
2. REASONABLE BELIEF OF IMMINENT THREAT OF INJURY OF DEATH OR INJURY TO SELF OR FAMILY

Question 371

2

DEFENSE OF DWELLING - COMMON LAW - DEADLY FORCE COULD BE USED WHERE

Answer 371

1. REASONABLY BELIEVED NECESSARY TO PREVENT A FORCEABLE INTRUSION
2. WARNING HAD BEEN GIVEN TO INTRUDER NOT TO ENTER.

Question 372

2

DEFENSE OF ENTRAPMENT

Answer 372

1. DEFENDANT MAY RAISE DEFENSE OF ENTRAPMENT
2. WHERE CRIMINAL INTENT IS THE RESULT OF IMPROPER POLICE BEHAVIOR

Question 373

3

CONTRACTS - DEFENSE OF FRUSTRATION OF PURPOSE MAY BE RAISED WHERE

Answer 373

1. PARTIES ENTERED INTO THE CONTRACT KNOWING A PURPOSE OF THE BARGAIN
2. MAKING EXISTENCE OF THIS PURPOSE AN IMPLIED MATERIAL CONDITION OF THE CONTRACT
3. EXCUSING PARTIES FROM PERFORMANCE WHEN UNFORESEEN EVENTS FRUSTRATE THIS PURPOSE.

Question 374

2

DEFENSE OF ILLEGALITY - WHERE THE DEFENSE MAY BE RAISED

Answer 374

1. WHERE THE PARTIES DID ENTER THE CONTRACT IN PARI DELICTO
2. JUSTICE DEMANDS ENFORCEMENT OF THE CONTRACT TO SOME DEGREE

Question 375

2

WHERE THE DEFENDANT MAY RAISE THE DEFENSE OF IMPOSSIBILITY TO CONTRACT FORMATION

Answer 375

1. DUE TO EVENTS BEYOND THE PARTIES’ CONTROL PERFORMANCE OF THE CONTRACT IS IMPOSSIBLE
2. EXCUSING ALL PARTIES’ PERFORMANCE DUE TO FAILURE OF AN IMPLIED MATERIAL CONDITION THAT PERFORMANCE IS OBJECTIVELY POSSIBLE.

Question 376

2

DEFENSE OF INFANCY - DEFENDANT MAY RAISE THE DEFENSE OF INFANCY WHERE DEFENDANT WAS

Answer 376

1. UNDER SEVEN YEARS OLD AND CONCLUSIVELY PRESUMED TO BE UNABLE TO FORM CRIMINAL INTENT
2. BETWEEN AGE OF SEVEN AND FOURTEEN AT TIME OF ALLEGED CRIME AND THEREFORE REBUTTABLY PRESUMED TO BE INCAPABLE OF FORMING CRIMINAL INTENT.

Question 377

1

DEFENSE OF INSANITY

Answer 377

1. DEFENDANT MAY RAISE DEFENSE OF INSANITY TO NEGATE CRIMINAL INTENT

Question 378

4

DEFENSE OF INVOLUNTARY INTOXICATION

Answer 378

1. A DEFENDANT MAY RAISE THE DEFENSE OF INVOLUNTARY INTOXICATION
2. TO NEGATE CRIMINAL INTENT
3. WHEN THE DEFENDANT WAS UNAWARE HE WAS UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE
4. AT THE TIME OF THE ALLEGED CRIMINAL ACT.

Question 379

1

DEFENSE OF LACK OF CAPACITY

Answer 379

1. DEFENSE OF LACK OF CAPACITY IS NO DEFENSE TO CIVIL LIABILITY

Question 380

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

Answer 380

1. HE WAS UNDERAGE
2. OR ADJUDICATED LEGALLY INSANE

.

Question 381

2

DEFENSE OF LEGAL IMPOSSIBLITY AS DEFENSE TO ATTEMPT CRIME

Answer 381

1. DEFENDANT MAY RAISE DEFENSE OF LEGAL IMPOSSILBITY TO AN ATTEMPT CRIME
2. WHERE SUBSTANTIAL STEP WAS TAKEN WAS TOWARD AN ACT THAT WASN’T ACTUALLY ILLEGAL.

Question 382

1

DEFENSE OF MISTAKE OF FACT - THE DEFENSE MAY RAISE THE DEFENSE OF MISTAKE OF FACT WHERE IT NEGATES

Answer 382

1. SPECIFIC INTENT.

Question 383

1

DEFENSE OF MISTAKE OF LAW

Answer 383

1. MISTAKE OF LAW MAY NEVER ALTER AN ACT’S ILLEGALITY

Question 384

3

CONTRACTS - DEFENSE OF MUTUAL MISTAKE AVAILABLE WHERE

Answer 384

1. PARTIES ENTERED THE CONTRACT WITH A MUTUAL MISUNDERSTANDING OF MATERIAL FACT
2. MAKING THE CONTRACT VOID AB INITIO
3. BECAUSE THERE NEVER WAS A MEETING OF MINDS

Question 385

1

DEFENSE OF NECESSITY (CRIMINAL) MAY BE RAISED BY DEFENDANT WHERE

Answer 385

1. DEFENDANT REASONABLY BELIEVED ACT WAS NECESSARY TO PROTECT SELF, OTHERS AND/OR PROPERTY

Question 386

2

DEFENSE OF OTHERS - THE DEFENDANT MAY RAISE THE DEFENSE OF OTHERS DEFENSE WHERE HE

Answer 386

1. USED FORCE AS REASONABLY NECESSARY
2. TO DEFEND OTHERS FROM AN AGGRESSOR.

Question 387

2

DEFENSE OF PREVENTION OF CRIME - DEFENDANT IS PRIVILEGED TO USE

Answer 387

1. E REASONABLE FORCE
2. TO PREVENT COMMISSION OF SERIOUS CRIMES OCCURRING IN HER PRESENCE. .

Question 388

3

DEFENSE OF PROPERTY -DEFENDANT IS PRIVILEGED TO USE

Answer 388

1. REASONABLE NONDEADLY FORCE
2. TO PROTECT HIS
3. OR OTHER’S PROPERTY FROM HARM.

Question 389

2

UNDER THE DEFENSE OF PUBLIC AUTHORITY, POLICE OFFICER DEFENDANTS

Answer 389

1. HAVE A LIMITED PRIVILEGE
2. TO USE REASONABLE FORCE
3. IN THE PROPER PERFORMANCE OF THEIR DUTIES.

Question 390

3

DEFENSE OF RECAPTURE OF CHATTELS - WHERE ATTEMPTING TO RECLAIM WRONGFULLY TAKEN CHATTEL, DEFENDANT WAS PRIVILEGED TO

Answer 390

1. MAKE DEMAND FOR CHATTEL, UNLESS FUTILE OR DANGEROUS
2. USE REASONABLE FORCE TO RECOVER
3. WHILE IN HOT PURSUIT

Question 391

2

DEFENSE OF SELF

Answer 391

1. DEFENDANT IS PRIVILEGED TO USE REASONABLE FORCE TO DEFEND HIMSELF
2. WHERE HE IS NOT THE AGGRESSOR.

Question 392

1

CONTRACTS - DEFENSE OF UNILATERAL MISTAKE AVAILABLE WHERE

Answer 392

1. DEFENDANT ENTERED THE CONTRACT WITH A MISUNDERSTANDING OF MATERIAL FACT.

Question 393

3

SOME JURISIDCTIONS ALLOW A DEFENDANT TO USE THE DEFENSE OF WITHDRAWAL TO ACCOMPLICE LIABLITY WHERE DEFENDANT

Answer 393

1. VOLUNTARILY STOPPED PARTICIPATING IN CRIME
2. RELAYED HIS WITHDRAWAL TO PARTICIPANTS
3. ACTED TO DISSUADE OR STOP PARTCIPANTS FROM CONTINUING WITH CRIME.

Question 394

3

DEFENSE TO SPECIFIC PERFORMANCE -

DISPROPORTIONATE HARDSHIP - COURT WILL NOT ORDER SPECIFIC PERFORMANCE WHERE

Answer 394

1. HARDSHIP CAUSED TO DEFENDANT AND PUBLIC
2. GREATLY OUTWEIGHS HARDSHIP TO PLAINTIFF
3. IF SPECIFIC PERFORMANCE NOT GRANTED

Question 395

3

DEFENSES TO DEFAMATION

Answer 395

1. ABSOLUTE PRIVILEGE
2. QUALIFIED PRIVILEGE
3. TRUTH

Question 396

7

DEFENSES TO FAILURE TO PAY RENT

Answer 396

1. FAILURE TO DELIVER POSSESSION
2. BREACH OF COVENANT OF QUIET ENJOYMENT
3. CONSTRUCTIVE EVICTION
4. NO FAULT DESTRUCTION OF PREMISES
5. CONTRACT DEFENSES
6. SURRENDER OF PREMISES ACCEPTED BY LANDLORD
7. RELETTING OF PREMISES BY LANDLORD

Question 397

7

DEFENSES TO INTENTIONAL TORTS - CON PADS

Answer 397

1. CONSENT
2. OTHERS DEFENSE
3. NECESSITY
4. PRIVILEGE
5. ARREST
6. DISCIPLINE
7. SELF-DEFENSE

Question 398

3

DEFENSES TO NEGLIGENCE

Answer 398

1. COMPARATIVE FAULT
2. CONTRIBUTORY NEGLIGENCE
3. ASSUMPTION OF RISK (PRIMARY AND SECONDARY)
4. FAILURE TO MITIGATE

Question 399

3

DEFICIENCY JUDGMENT FOR MORTGAGES ONLY ALLOWED WHERE

Answer 399

1. PROPERTY SOLD FOR LESS THAN AMOUNT OWED
2. JUDICIAL FORECLOSURE
3. LOAN WAS NOT A PURCHASE MONEY MORTGAGE

Question 400

2

DEGREE OF RELATION’S EFFECT ON ANTILAPSE

Answer 400

1. ISSUE TAKES PER CAPITA WHERE SAME DEGREE OF RELATION
2. WHERE MORE REMOTELY RELATED, PER CAPITA W/REPRESENTATION

Question 401

3

DELEGATION

Answer 401

1. A TRANSFER OF CONTRACTUAL DUTIES
2. MADE BY A CLEAR STATEMENT OF DELEGATOR’S INTENT TO TRANSFER CONTRACTUAL DUTIES TO DELEGATEE
3. AND DELEGATEE AGREES.

Question 402

2

ENFORCEABLITY OF DELEGATION OF UNIQUE SERVICES

Answer 402

1. WHERE THE CONTRACT DUTIES ARE PERFORMANCE OF PROMISEE’S UNIQUE SERVICES OR ATTRIBUTES
2. THEY WILL NOT BE CONSIDERED DELEGABLE TO A THIRD PARTY.

Question 403

3

INTENT REQUIREMENT FOR EFFECTIVE DELIVERY OF DEED - GRANTOR MUST MANIFEST

Answer 403

1. ASCERTAINABLE INTENT TO MAKE DEED EFFECTIVE
2. INTENT CAN BE INFERRED
3. EVEN WHERE ACTUAL DELIVERY OF THE DOCUMENT ITSELF IS POSTPONED

Question 404

1

TO BE ADMISSIBLE, DEMONSTRATIVE EVIDENCE MUST BE

Answer 404

1. A FAIR REPRESENTATION OF WHAT IS BEING DEMONSTRATED

Question 405

2

DEMONSTRATIVE GIFTS

Answer 405

1. GENERAL GIFTS
2. SPECIFYING PROPERTY OR PARTICULAR FUND FROM WHICH GIFT SHOULD BE MADE

Question 406

4

DEPENDANT RELATIVE REVOCATION NOT APPLICABLE WHERE SUBSEQUENT WILL IS INVALID DUE TO

Answer 406

1. INEFFECTIVE EXECUTION
2. FRAUD
3. DURESS
4. INFLUENCE

Question 407

4

DEPENDENT RELATIVE REVOCATION

Answer 407

1. TESTATOR REVOKES WILL
2. WITH MISTAKEN BELIEF THAT SUBSEQUENT WILL OR CODICIL IS VALID
3. SUBSEQUENT WILL OR CODICIL IS INVALID
4. COURT WILL FIND FIRST WILL VALID

Question 408

2

DEPENDENT RELATIVE REVOCATION REVIVES

Answer 408

1. MOST RECENT WILL
2. UNLESS CLEAR INTENT FROM TESTATOR TO REVIVE AN EARLIER WILL

Question 409

1

DESTRUCTIBILITY OF CONTINGENT REMAINDERS AT COMMON LAW

Answer 409

1. WHERE REMAINDER WAS STILL CONTINGENT AT END OF PRECEEDING ESTATE, REMAINDER WAS DESTROYED.

Question 410

1

DETRIMENTAL RELIANCE ON A FUTURE GIFT IS ONLY AN AVAILABLE ENFORCEMENT MECHANISM WHERE

Answer 410

1. INJUSTICE CAN ONLY BE AVOIDED BY SUCH ENFORCMENT.

Question 411

2

DIFFERENCE BETWEEN AGENT AND AN INDEPENDENT CONTRACTOR

Answer 411

1. PRINCIPAL CONTROLS METHOD AND MANNER OF AGENT’S PERFORMANCE
2. PRINCIPAL CANNOT CONTROL METHOD AND MANNER OF INDEPENDENT CONTRACTOR’S PERFORMANCE

Question 412

4

DIFFERENCE BETWEEN FRE AND CA PRESENT SENSE IMPRESSION

Answer 412

1. CA - STATEMENT DESCRIBING OR EXPLAINING THE CONDUCT OF DECLARANT (ONLY DECLARANT)
2. WHILE DECLARANT IS ENGAGED IN THE CONDUCT.
3. FRE - STATEMENT DESCRIBING OR EXPLAINING EVENT OR CONDITION
4. WHILE DECLARANT IS EXPERIENCING EVENT OR CONDITION OR IMMEDIATELY THEREAFTER.

Question 413

2

DIFFERENCES BETWEEN LEARNED TREATISE EXCEPTION - FRE AND CEC

Answer 413

1. FRE: ADMISSIBLE TO PROVE ANYTHING WHERE LEARNED TREATISE IS ACCEPTED AUTHORITY IN FIELD
2. CA: ONLY ADMISSIBLE TO SHOW GENERAL NOTORIETY OR INTEREST, MEANING THIS EXCEPTION IS VERY NARROW AND ALMOST NEVER APPLICABLE.

Question 414

4

PRESENT RECOLLECTION REFRESHED DIFFERENCES FROM PRESENT RECOLLECTION RECORDED

Answer 414

1. RECORD DOESN’T NEED TO HAVE BEEN MADE IMMEDIATELY AFTER EVENT
2. RECORD DOESN’T NEED TO HAVE BEEN MADE FROM FIRST HAND KNOWLEDGE
3. WITNESS DOESN’T NEED TO HAVE BEEN INVOLVED WITH DOCUMENT CREATION.
4. WITNESS NEED NOT TESTIFY TO RECORD’S ACCURACY.

Question 415

2

DIRECT TRACING

Answer 415

1. ADVOCATING SPOUSE SHOWS SUFFICIENT SP FUNDS AVAILABLE AT THE TIME OF PROPERTY’S PURCHASE
2. AND INTENT TO USE FUNDS TO PURCHASE PROPERTY AS AN SP ASSET

Question 416

2

CORPORATE DIRECTORS AND OFFICERS DUTY OF CARE - DIRECTORS AND OFFICERS MUST

Answer 416

1. ACT AS A REASONABLY PRUDENT PERSON WOULD ACT
2. UNDER SIMILAR CIRCUMSTANCES

Question 417

2

PREMARITAL AGREEMENT RECEIPT REQUIREMENTS - RECIPIENT MUST DECLARE

Answer 417

1. RECEIPT OF DISCLOSURE IN WRITING
2. NAME OF PARTY DELIVERING DISCLOSURE IN WRITING

Question 418

1

DISCRETIONARY SUPPORT TRUST - TRUSTEE HAS AUTHORITY TO

Answer 418

1. DISTRIBUTE OR WITHHOLD PAYMENTS

Question 419

2

SHAREHOLDER RIGHTS - SHAREHOLDERS WHO DISSENT FROM A PROPOSED FUNDAMENTAL CORPORATE CHANGE

Answer 419

1. MAY HAVE RIGHT TO DEMAND CORP PURCHASE THEIR SHARES
2. AT FAIR MARKET VALUE

Question 420

2

DISSENTING SHAREHOLDER’S PAYMENT FOR SHARES

Answer 420

1. FAIR MARKET VALUE OF SHARES
2. INTEREST

Question 421

5

DISSOLUTION OF LLC

COMMON LAW/MODERN LAW SPLIT

Answer 421

1. COMMON LAW - DISSASSOCIATE A MEMBER AND IT DISSOLVES THE LLC
2. MODERNLY, DISSOLUTION ONLY CAUSED BY OPERATING AGREEMENT
3. OR CONSENT BY ALL MEMBERS
4. OR EVENT MAKING LLC’S BUSINESS ILLEGAL
5. JUDICIAL DECREE

Question 422

4

DISSOLUTION OF LIMITED PARTNERSHIP

Answer 422

1. AT TIME SPECIFIED IN LP AGREEMENT
2. UPON WRITTEN CONSENT OF ALL PARTNERS
3. UPON DISASSOCIATION OF GENERAL PARTNER UNLESS OTHERWISE AGREED
4. UPON JUDICIAL DECREE

Question 423

2

DISTRIBUTION OF ASSETS AT DEATH - DECEDENT TRIES TO DEVISE MORE THAN 1/2 COMMUNITY ASSETS IN WILL

Answer 423

1. SURVIVING SPOUSE MAY ELECT TO TAKE CP RIGHTS INSTEAD OF DEVISE
2. SURIVING SPOUSE MAY ELECT TO TAKE DEVISE UNDER WILL IN LIEU OF CP RIGHTS

Question 424

2

DISTRIBUTION OF ASSETS AT DEATH - WHERE DECEDENT TRIES TO DEVISE MORE THAN 1/2 COMMUNITY ASSETS IN WILL, SURVIVING SPOUSE MAY ELECT TO

Answer 424

1. TAKE CP RIGHTS INSTEAD OF DEVISE OR
2. TAKE DEVISE UNDER WILL IN LIEU OF CP RIGHTS

Question 425

2

DISTRIBUTION OF COMMNITY ASSETS AT DEATH - GENERAL RULE

Answer 425

1. ONE HALF CP AND QCP TO SURVIVING SPOUSE
2. ONE HALF CP AND QCP TO ESTATE

Question 426

2

DISTRIBUTION OF ASSETS AT DEATH - SPOUSES’ RIGHTS TO QCP

Answer 426

1. DECEDENT DOES NOT HAVE 1/2 INTEREST IN SURVIVING SPOUSES QCP
2. SURVIVING SPOUSE DOES HAVE 1/2 INTEREST IN DECEDENT’S QCP

Question 427

2

DISTRIBUTION OF ASSETS AT DEATH - RULES ON DEVISE OF COMMUNITY AND SEPARATE PROPERTY ASSETS

Answer 427

1. DECEDENT CAN DEVISE ALL SP
2. DECEDENT CAN DEVISE 1/2 CP AND 1/2 QCP

Question 428

2

DISTRIBUTION OF ASSETS TO SURVIVING SPOUSE AT DEATH - DECEDENT SPOUSE WAS INTESTATE

Answer 428

1. SURVIVING SPOUSE ENTITLED TO DECEDENT’S SHARE OF CP AND QCP
2. SURVIVING SPOUSE ENTITLED TO 1/3 OF DECEDENT’S SP (DEPENDING ON SURVIVING PARENTS OR ISSUE)

Question 429

2

DISTRIBUTION OF ASSETS AT DIVORCE - REAL PROPERTY OUTSIDE OF CALIFORNIA - COURT MAY

Answer 429

1. REQUIRE CONVEYANCE REAL PROPERTY OR
2. AWARD EQUIVALENT MONEY VALUE OF REAL PROPERTY TO SPOUSE WHO WOULD HAVE BENEFITTED FROM CONVEYANCE

Question 430

3

DISTRIBUTION OF ASSETS AT DIVORCE - TWO MARRIAGES

Answer 430

1. JURISDICTIONAL SPLIT
2. SOME JURISIDICTIONS DIVIDE ASSETS EQUALLY BETWEEN ALL SPOUSES
3. SOME JURISDICTIONS DIVIDE ASSETS EQUALLY BETWEEN INNOCENT SPOUSES

Question 431

2

DIVERSITY - POTENTIAL LOSS WHERE DAMAGES AWARDED ARE LESS THAN 75,000

Answer 431

1. IF BAD FAITH PROVEN
2. DEFENDANT WILL RECEIVE AN AWARD OF ATTORNEYS FEES AND COSTS

Question 432

2

DIVERSITY JURISDICTION AND WORKER’ COMPENSATION CASES

Answer 432

1. WORKERS’ COMPENSATION CASES MAY NOT BE REMOVED TO ANY DISTRICT COURT
2. DIVERSITY JURISDICTION NOTWITHSTANDING.

Question 433

3

DIVIDENDS MAY ONLY BE GIVEN WHERE

Answer 433

1. BOARD DIRECTS
2. ALLOWED BY ARTICLES
3. DOES NOT CAUSE INSOLVENCY

Question 434

3

METHODS OF PAYING DIVIDENDS TO SHAREHOLDERS

Answer 434

1. CASH
2. SHARES
3. PROPERTY

Question 435

2

DIVISIBLE CONTRACT

Answer 435

1. A CONTRACT DIVIDING THE PARTIES’ PERFORMANCE DUTIES INTO SETS OF MATCHED PAIRS
2. SO FAILURE OF ONE PERFORMANCE DUTY DOES NOT AMOUNT TO BREACH OF THE ENTIRE CONTRACT.

Question 436

2

DIVULGING RISK OF MEDICAL PRACTICIONER - JURSISDICITONAL SPLIT - MINORITY AND CALIFORNIA VIEW

Answer 436

1. DOCTORS MUST DIVULGE ALL RISKS THE REASONABLE PATIENT WOULD WANT TO KNOW BEFORE COMMENCING PROCUDURE
2. CA PATIENT MUST SHOW THEY WOULD NOT HAVE UNDERGONE PROCEDURE WITH NOTICE OF RISKS

Question 437

1

DIVULGING RISK OF MEDICAL PRACTICIONER - JURSISDICITONAL SPLIT - MAJORITY VIEW

Answer 437

1. DOCTOR MUST DIVULGE RISKS THAT ARE CUSTOM AND PRACTICE FOR DOCTORS TO CUSTOMARILY DIVULGE

Question 438

1

DOES LP CONTINUE TO EXIST DURING WINDING UP PERIOD?

Answer 438

1. YES

Question 439

2

DOMICILE REQUIREMENTS FOR PRIVATE CITIZEN

Answer 439

1. PARTY HAS SUBJECTIVE INTENT TO MAKE STATE HIS PERMANENT HOME
2. PARTY IS PHYSICALLY PRESENT IN THE STATE.

Question 440

2

DOUBLE JEOPARDY AND SEPARATE SOVEREIGNS - A DEFENDANT MAY BE PROSECUTED FOR THE SAME CRIMINAL CONDUCT BY

Answer 440

1. TWO DIFFERENT STATES
2. A STATE AND FEDERAL GOVERNMENT

Question 441

2

DRAM SHOP LIABILITY IN CALIFORNIA

Answer 441

1. NO LIABILITY FOR SERVING INTOXICATED PERSONS
2. UNLESS INTOXICATED PERSONS ARE MINORS

Question 442

1

DRUG SMELLING DOGS MAY CONSTITUTE SENSORY ENHANCING TECHNOLOGY WHERE USED

Answer 442

1. ON A FRONT PORCH

Question 443

1

DRUG SMELLING DOGS ARE OK AND NOT VIOLATIVE OF FOURTH AMENDMENT WHERE USED IN

Answer 443

1. TRAFFIC STOPS

Question 444

1

DURATION OF OBLIGATION TO REPORT CLIENT PERJURY

Answer 444

1. DURATION OF CASE THROUGH APPEAL

Question 445

8

DUTES OF TRUSTEE

Answer 445

1. DUTY TO ACCOUNT AND INFORM
2. DUTY OF DUE CARE
3. DUTY OF IMPARTIALITY BETWEEN CLASSES OF BENEFICIARIES
4. DUTY TO SEGREGATE AND EARMARK TRUST FUNDS
5. DUTY OF LOYALTY
6. DUTY TO PRUDENTLY INVEST TO MAKE PROPERTY PRODUCTIVE
7. DUTY TO DEFEND
8. DUTY TO ENFORCE

Question 446

3

CORPORATE OFFICERS AND DIRECTORS - FUDICIARY DUTIES - OFFICERS AND DIRECTORS HAVE A DUTY OF

Answer 446

1. CARE
2. LOYALTY
3. DISCLOSURE

Question 447

3

DUTIES OF WITHDRAWING LAWYER

Answer 447

1. RETURN CLIENT FILES
2. RETURN UNEARNED FEES
3. GIVE OPPOSING COUNSEL NOTICE

Question 448

1

DUTY BASED ON PERIL ARISES WHERE DEFENDANT CREATES

Answer 448

1. REASONABLY FORESEEABLE DANGER TO OTHERS

Question 449

2

DUTY OF CANDOR - ATTORNEY MUST NOT

Answer 449

1. MAKE FALSE STATEMENTS TO COURT AND/OR OPPOSING COUNSEL
2. ALLOW CLIENT TO MAKE FALSE REPRESENTATIONS TO COURT

Question 450

4

DUTY OF COMPETENCE - REASONABLE SKILL ASSESSMENT FACTORS

Answer 450

1. YEARS PRACTICING LAW
2. AMT OF TIME BECOMING INFORMED
3. EXPERTISE IN SUBJECT
4. ABILITY TO ASSOCIATE WITH MORE EXPD COUNSEL

Question 451

1

DUTY OF CONFIDENTIALITY - ATTORNEY MAY NOT DISCLOSE

Answer 451

1. CLIENT’S COMMUNICATIONS MADE DURING THE REPRESENTATION

Question 452

3

OFFICERS AND DIRECTORS - UNDER THE DUTY OF DISCLOSURE, OFFICERS AND DIRECTORS MUST

Answer 452

1. DISCLOSE ALL MATERIAL INFORMATION
2. RELEVANT TO CORPORATION
3. TO THE BOARD OF DIRECTORS

Question 453

3

OFFICERS AND DIRECTORS - UNDER THE DUTY OF DISCLOSURE, OFFICERS AND DIRECTORS MUST

Answer 453

1. DISCLOSE ALL MATERIAL INFORMATION
2. RELEVANT TO CORPORATION
3. TO THE BOARD OF DIRECTORS

Question 454

3

DUTY OF DUE CARE OF TRUSTEE -ELEMENTS

Answer 454

1. DUTY TO INVESTIGATE INVESTIMENTS
2. DUTY TO DIVERSIFY INVESTMENTS
3. DUTY TO ACT AS A REASONABLY PRUDENT PERSON WOULD IN HIS OWN AFFAIRS

Question 455

2

DUTY OF FAIRNESS - ATTORNEY WHO RECEIVES CONFIDENTIAL DOCUMENT BELONGING TO OPPOSING SIDE MUST

Answer 455

1. STOP READING DOCUMENT
2. NOTIFY SENDER OF INADVERTANT DISCLOSURE

Question 456

4

DUTY OF FAIRNESS TO OPPOSING PARTY - ATTORNEY MUST

Answer 456

1. DISCLOSE INADVERTANT DISCLOSURE
2. NOT TAMPER W/EVIDENCE
3. PRODUCE INCRIMINATING EVIDENCE
4. MAKE REASONABLE EFFORTS TO EXPEDITE LITIGATION

Question 457

1

ATTORNEY’S DUTY OF FAIRNESS

TO THIRD PERSONS

Answer 457

1. AN ATTORNEY HAS A DUTY TO ACT AS FAIR AS REASONABLY POSSIBLE TO THIRD PERSONS

Question 458

2

CORPORATE DIRECTORS AND OFFICERS BREACH THEIR FIDUCIARY DUTY OF LOYALTY AND CREATE A CONFLICTS OF INTEREST WHERE THEY

Answer 458

1. USURP CORPORATE OPPORTUNITIES
2. COMPETE WITH CORPORATION

Question 459

3

DUTY OF LOYALTY - CONFLICTING INTEREST MUST NOT BELONG TO

Answer 459

1. LAYWER
2. ONE OF THE LAWYER’S OTHER CLIENTS
3. A THIRD PARTY WITH WHOM THE LAYWER IS CLOSELY RELATED

Question 460

2

DUTY OF LOYALTY - REQUIRED STEPS TO AVOID USURPING CORPORATE OPPORTUNITY - OFFICER MUST

Answer 460

1. FIRST OFFER OPPORTUNITY TO CORP
2. WHERE CORP WOULD EXPECTED TO BE PRESENTED WITH OPPORTUNITY

Question 461

2

DUTY OF TRADING INSIDER

Answer 461

1. DISCLOSE MATERIAL NON-PUBLIC INFO
2. OR REFRAIN FROM TRADING

Question 462

2

DUTY TO COMMUNICATE - ATTORNEY MUST

Answer 462

1. COMMUNICATE WITH CLIENT
2. KEEP CLIENT REASONABLY INFORMED ALL OF SIGNFICANT DEVELOPMENTS IN REPRESENTATION

Question 463

2

DUTY TO MAINTAIN DIGNITY OF PROFESSION - LAWYER MUST NOT DO ANYTHING THAT

Answer 463

1. BRINGS DISDAIN TO THE PROFESSION IN THE PUBLIC EYE
2. WITHOUT JUSTIFICATION, REPRESENT ANOTHER LAWYER IS DISHONEST OR UNTRUSTWORTHY

Question 464

1

DUTY TO MITIGATE, INJURED TORT PLAINTIFF HAS DUTY TO

Answer 464

1. SEEK TREATMENT

Question 465

1

DUTY TO NOT SUBORN PERJURY - ATTORNEY MUST NOT

Answer 465

1. CALL A WITNESS THAT THE LAWYER KNOWS WILL PERJUR HIMSELF.

Question 466

1

DUTY TO SEEK JUSTICE/NOT PURSUE CHARGES W/OUT PROBABLE CAUSE - PROSECUTOR MUST

Answer 466

1. ONLY PROSECUTE CASES WHERE SUPPORTED BY PROBABLE CAUSE

Question 467

2

DYING DECLARATION EXCEPTION

Answer 467

1. DECLARANT’S STATEMENT MADE WHEN HE BELIEVED DEATH WAS IMMINENT
2. RELATING TO CAUSE OR CIRCUMSTANCES OF DEATH

Question 468

2

DYING DECLARATION DIFFERENCES BETWEEN CEC AND FRE

Answer 468

1. CEC - ALLOWED IN ALL CASES, BUT DECLARANT MUST BE DEAD
2. FRE - ONLY HOMICIDE AND CIVIL CASES, ONLY GOOD FAITH BELIEF OF DEATH REQUIRED

Question 469

2

EARNINGS AND ACCUMULATIONS ARE DEEMED SEPARATE PROPERTY WHERE

Answer 469

1. LIVING APART AND SEPARATE FROM OTHER SPOUSE WITH NO CHILDREN
2. LEGAL SEPARATION

Question 470

3

EASEMENT DEFINITION

Answer 470

1. A NON-POSSESSORY INTEREST IN ANOTHER’S LAND
2. PERMITTING ITS HOLDER TO MAKE LIMITED USE OF THE LAND
3. FOR A SPECIFIC PURPOSE.

Question 471

3

EASEMENT BY ESTOPPEL

Answer 471

1. HOLDER OF SERVIENT PARCEL ALLOWS USE
2. THAT CAUSES HOLDER OF DOMINANT PARCEL TO SUBSTANTIALLY CHANGE HIS POSITION
3. IN REASONABLE RELIANCE THAT ALLOWANCE WOULD NOT BE REVOKED.

Question 472

2

EASEMENT BY NECESSITY - SERVIENT PARCEL’S RIGHTS FOR EASEMENT LOCATION

Answer 472

1. SERVIENT ESTATE HOLDER HAS RIGHT TO LOCATE EASEMENT FOR THE REASONABLE CONVENIENCE OF PARTIES.

Question 473

4

EASEMENT BY PRESCRIPTION REQUIREMENTS

Answer 473

1. CONTINUOUS USE FOR STATUATORY PERIOD
2. OPEN AND NOTORIOUS USE
3. HOSTILE USE
4. TACKING OK

Question 474

3

EASEMENT CREATION BY IMPLICATION

Answer 474

1. PREEXISTING REASONABLE USE OF A SINGLE TRACT
2. SINGLE TRACT IS DIVIDED
3. EASEMENT REASONABLY NECESSARY TO DOMINANT TRACT’S USE AND ENJOYMENT OF PROPERTY

Question 475

3

EASEMENT CREATION BY NECESSITY

Answer 475

1. OWNER DIVIDES TRACT
2. DEPRIVING ONE LOT ACCESS TO SERVICE
3. PRIOR USE OF SERVIENT NOT REQUIRED

Question 476

2

EASEMENTS - MAINTENANCE AND REPAIR DUTIES

Answer 476

1. SERVIENT ESTATE - NO DUTIES TO REPAIR OR MAINTAIN
2. DOMINANT ESTATE - IMPLIED RIGHT TO MAINTAIN AND REPAIR

Question 477

3

EFFECT OF ANTICIPATORY BREACH ON PARTIES’ PERFORMANCE DUTIES .

Answer 477

1. NON BREACHING PARTY IS EXCUSED FROM PERFORMANCE
2. BREACHING PARTY’S PERFORMANCE DUTIES ARE ACCELERATED TO THE PRESENT
3. SO NON-BREACHING PARTY MAY IMMEDIATELY SEEK DAMAGES

Question 478

2

EFFECT OF CREATING A SELF-DEALING CONTRACT

Answer 478

1. CONSIDERED CONFLICT OF INTEREST
2. CONTRACT IS PRESUMED VOIDABLE

Question 479

1

EFFECT OF ONE LAWYER’S COI ON THE ENTIRE FIRM

Answer 479

1. ONE LAWYER’S COI DISQUALIFIES ENTIRE FIRM

Question 480

3

RUPA AND PARTNERSHIP AGREEMENTS - PARTNERS CAN AGREE TO BE GOVERNED BY

Answer 480

1. RULES DIFFERENT FROM RUPA
2. RULES FROM RUPA AND ALTERNATIVE RULES
3. BUT CERTAIN RUPA RULES CANNOT BE WAIVED.

Question 481

1

WHEN DOES ASSIGNMENT BECOME EFFECTIVE?

Answer 481

1. WHEN PROMISOR HAS NOTICE OF THE ASSIGNMENT.

Question 482

1

EIGHT AMENDMENT - CRUEL AND UNUSUAL PUNISHMENT DEFINITION

Answer 482

1. PENALTY CANNOT BE GROSSLY DISPROPORTIONATE TO THE CRIME.

Question 483

1

EIGHTH AMENDMENT - BAIL MUST BE

Answer 483

1. NOT EXCESSIVE OR UNDULY HIGH

Question 484

2

EIGHTH AMENDMENT - CRUEL AND UNUSUAL PUNISHMENT AND CAPITAL PUNISHMENT - CAN’T PUT TO DEATH SOMEONE

Answer 484

1. WHO AT LEAST ONE JUROR FINDS TO BE MENTALLY RETARDED
2. WHO IS A MINOR AT THE TIME THE CRIME IS COMMITTED.

Question 485

1

EJECTMENT

Answer 485

1. USED TO RECOVER SPECIFIC REAL PROPERTY FROM WHICH THE PLAINTIFF WAS WRONGLY EXCLUDED

Question 486

4

ELEMENTS OF ADVERSE POSSESSION

Answer 486

1. OPEN AND NOTORIOUS POSSESSION
2. ACTUAL AND EXCLUSIVE POSSESSION
3. CONTINUOUS POSSESSION FOR STATUATORY PERIOD
4. HOSTILE POSSESSION

Question 487

2

ELEMENTS OF ATTORNEY CLIENT PRIVILEGE

Answer 487

1. EVIDENTIARY PRIVILEGE
2. ALLOWING CLIENT TO PREVENT LAWYER FROM TESTIFYING IN COURT ABOUT COMMUNICATIONS

Question 488

2

ELEMENTS OF CONTRIBUTORY NEGLIGENCE

Answer 488

1. PLAINTIFF’S ARE BARRED FROM RECOVERY
2. WHERE THEIR NEGLIGENCE CONTRIBUTED TOWARD THEIR INJURY.

Question 489

3

ELEMENTS OF FRAUD FOR 10b-5 - OMMISSION

Answer 489

1. OMMITTING MATERIAL FACT
2. PROMPTING TRADE OF SECURITY
3. THROUGH INTERSTATE COMMERCE

Question 490

3

ELEMENTS OF INTENTIONAL TORT

Answer 490

1. VOLUNTARY ACT
2. CAUSING HARM
3. DAMAGES

Question 491

3

ELEMENTS OF INTRUSION INTO SECLUSION/SOLITUDE TORT

Answer 491

1. UNREASONABLE INTRUSION
2. INTO PLAINTIFF’S REASONABLE EXPECTATION OF SECLUSION
3. IN PLACE OF SECLUSION AND PRIVACY

Question 492

2

ELEMENTS OF MISUSE DEFENSE TO STRICT PRODUCTS LIABILITY - PLAINTIFF MISUSES PRODUCT IN A WAY THAT IS NOT

Answer 492

1. INTENDED AND
2. FORESEEABLE

Question 493

2

ELEMENTS OF PRIVATE NUISANCE

Answer 493

1. UNREASONABLE INTERFERENCE
2. WITH PLAINTIFF’S USE AND ENJOYMENT OF LAND.

Question 494

3

ELEMENTS OF PUBLIC NUISANCE

Answer 494

1. UNREASONABLE INTERFERENCE WITH USE AND ENJOYMENT OF PUBLIC RESOURCES
2. AFFECTING PLAINTIFF MORE THAN GENERAL PUBLIC
3. OR BROUGHT BY ATTORNEY GENERAL FOR GENERAL PUBLIC

Question 495

3

PLAINTIFF’S PERFORMANCE REQUIREMENT FOR AN AWARD OF SPECIFIC PERFORMANCE MAY BE SATISIFED WHEN PLAINTIFF SHOWS HER PERFORMANCE DUTIES

Answer 495

1. HAVE BEEN PERFORMED
2. CAN BE PERFORMED IMMEDIATELY
3. OR VALID EXCUSE EXISTS FOR THEIR NON-PERFORMANCE

Question 496

4

SLANDER PER SE WHERE DEFENDANT MAKES AN ORAL, TRANSITORY FALSE STATEMENT ABOUT PLAINTIFF’S

Answer 496

1. CRIMINAL BEHAVIOR
2. UNCHASTE BEHAVIOR
3. IMPROPER BUSINESS PRACTICES
4. INFECTION BY LOATHSOME DISEASE

Question 497

3

ELEVENTH AMENDMENT MAKES STATES IMMUNE TO

Answer 497

1. SUITS FROM CITIZENS OF OTHER STATES IN FEDERAL COURTS
2. SUITS FROM CITIZENS OF FOREIGN STATES IN FEDERAL COURTS
3. SUITS FROM ITS CITIZENS UNLESS CONSENTED TO

Question 498

4

EMBEZZLEMENT

Answer 498

1. EMBEZZLEMENT IS A SPECIFIC INTENT CRIME
2. WHERE DEFENDANT TRESPASSORILY CONVERTS PERSONAL PROPERTY LAWFULLY ENTRUSTED TO HIM BY VICTIM
3. WITH INTENT TO PERMANENTLY DEPRIVE
4. OR RISK SUBSTANTIAL LOSS.

Question 499

2

CONSPIRACY’S END

Answer 499

1. CONSPIRACY ENDS WHEN GOAL IS ATTAINED
2. OR GOAL IS ABANDONED.

Question 500

1

END OF EASEMENT - LIMITATION ON DESTRUCTION OF SERVIENT LAND ENDING EASEMENT

Answer 500

1. WHERE DESTRUCTION WASN’T WILLFUL.

Question 501

4

END OF EASEMENT BY PRESCRIPTION

Answer 501

1. ADVERSE
2. OPEN
3. CONTINUOUS FOR STATUATORY PERIOD
4. INTERRUPTION OF EASEMENT HOLDERS USE OF EASEMENT

Question 502

3

ENFORCEABILITY OF DELEGATION AGAINST DELEGATOR

Answer 502

1. A PROMISOR/DELEGATOR RETAINS PRIMARY LIABILITY TO THE PROMISEE
2. UNLESS PROMISOR DELEGATOR GIVES DELAGATEE CONSIDERATION
3. FORMING A NEW CONTRACT WITH ORIGINAL PROMISEE AS A THIRD PARTY BENEFICIARY WITH FULL ENFORCEMENT RIGHTS

Question 503

4

EQUAL PROTECT CLAUSE - NON SUSPECT CLASSIFICATIONS

Answer 503

1. ECONOMIC WELFARE
2. AGE
3. CRIMINAL BACKGROUND
4. EVERYTHING ELSE

Question 504

3

EQUAL PROTECTION CLAUSE - SUSPECT CLASSES

Answer 504

1. RACE
2. ALIENAGE
3. NATIONAL ORIGIN

Question 505

5

EQUAL PROTECTION CLAUSE - CLASSIFICATIONS BURDEN FUNDAMENTAL RIGHTS WHERE THEY AFFECT

Answer 505

1. PRIVACY
2. FIRST AMENDMENT RIGHTS
3. VOTING RIGHTS
4. INTERSTATE TRAVEL
5. COURT ACCESS

Question 506

2

EQUAL PROTECTION CLAUSE - INTERMEDIATE SCRUTINY REVIEW

Answer 506

1. REGULATION FURTHERS AN IMPORTANT GOVERNMENT INTEREST
2. BY MEANS THAT ARE SUBSTANTIALLY RELATED TO THAT INTEREST

Question 507

1

EQUAL PROTECTION CLAUSE - NON-SUSPECT CLASSES RECEIVE THIS LEVEL OF REVIEW

Answer 507

1. RATIONAL BASIS

Question 508

2

EQUAL PROTECTION CLAUSE - QUASI-SUSPECT CLASSES

Answer 508

1. GENDER
2. ILLEGITIMACY

Question 509

1

EQUAL PROTECTION CLAUSE - QUASI-SUSPECT CLASSES RECEIVE THIS LEVEL OF REVIEW

Answer 509

1. INTERMEDIATE SCRUTINY

Question 510

1

EQUAL PROTECTION CLAUSE - RATIONAL BASIS REVIEW

Answer 510

1. CLASSIFICATION OF NON-SUSPECT GROUP
2. IS RATIONALLY RELATED
3. TO ACHIEVING A LEGITIMATE GOVERNMENT INTEREST

Question 511

3

EQUAL PROTECTION CLAUSE - STRICT SCRUTINY REVIEW STANDARD

Answer 511

1. COMPELLING GOVERNMENT INTEREST
2. LAW IS NECESSARY TO ACHIEVE THE INTEREST
3. NO LESS DISCRIMINATORY MEANS TO ACHIEVE THE GOAL

Question 512

1

EQUAL PROTECTION CLAUSE - SUSPECT CLASSES RECEIVE THIS STANDARD OF REVIEW

Answer 512

1. STRICT SCRUTINY

Question 513

1

EQUAL PROTECTION CLAUSE LIMITS GOVERNMENT’S ABILITY TO DO THIS:

Answer 513

1. GOVERNMENT’S ABILITY TO TREAT SIMILARLY SITUATED PEOPLE DIFFERENTLY

Question 514

5

EQUITABLE CONVERSION IN A LAND SALE CONTRACT OCCURS WHEN

Answer 514

1. LAND SALE CONTRACT IS SIGNED
2. BUYER IS DEEMED OWNER OF REAL PROPERTY
3. RISK OF DAMAGE PASSES TO BUYER
4. UNLESS CONTRACT STATES OTHERWISE
5. OR STATE HAS A STATUTE TO A CONTRARY EFFECT

Question 515

2

DEFENSE TO SPECIFIC PERFORMANCE - HARDSHIP/SHARP PRACTICES

Answer 515

1. UNEVEN BARGAINING POWER
2. CONSIDERATION SO DISPROPORTIONATE IT WOULD SHOCK THE CONSCIENCE

Question 516

2

EQUITABLE DEFENSES - LACHES

Answer 516

1. PLAINTIFF UNREASONABLY DELAYED PURSUING CLAIM
2. CAUSING PREJUDICE TO DEFENDANT

Question 517

2

EQUITABLE DEFENSES - UNCLEAN HANDS MAY BE RAISED WHERE

Answer 517

1. PLAINTIFF CONDUCTED HERSELF UNFAIRLY
2. IN THE DISPUTED TRANSACTION

Question 518

2

EQUITABLE LIEN

Answer 518

1. CREATES SECURITY INTEREST IN PROPERTY HELD BY DEFENDANT
2. TURNS PROPERTY INTO COLLATERAL FOR MONEY DEFENDANT OWES

Question 519

2

EQUITABLE LIEN REQUIREMENTS

Answer 519

1. INADEQUATE REMEDY AT LAW
2. MUST HAVE A TITLE TO PROPERTY FOR SECURITY INTEREST

Question 520

2

EQUITABLE MORTGAGE OCCURS WHERE

Answer 520

1. MORTGAOR DELIVERS DEED TO MORTGAGEE
2. INSTEAD OF SIGNING NOTE

Question 521

5

CAUSES GIVING RISE TO NEED FOR ORDER OF EQUITABLE RESITUTION

Answer 521

1. WHERE REMEDY AT LAW IS INADEQUATE
2. DAMAGES WOULD BE SPECULATIVE
3. MULTIPLICITY OF SUITS COULD RESULT
4. IMPROPER BECAUSE HARM IS NOT YET RIPE
5. SITUATION INVOLVES UNIQUE PROPERTY

Question 522

4

EQUITABLE SERVITUDES - REQUIREMENTS FOR BURDEN TO RUN WITH THE LAND

Answer 522

1. WRITING
2. INTENT TO BIND SUCCESSORS-IN-INTEREST
3. TOUCH AND CONCERN
4. NOTICE

Question 523

4

EQUITY CLEAN UP DOCTRINE IN CA

Answer 523

1. WHERE MAIN QUESTION OF CASE IS EQUITABLE
2. LEGAL FACTS ARE MERELY INCIDENTAL
3. JUDGE MAY HEAR WHOLE CASE
4. JURY WILL NOT BE REQUIRED.

Question 524

3

ERIE DOCTRINE DEFINITION

Answer 524

1. FEDERAL COURTS EXERCISING DIVERSITY JURISDICTION ARE REQUIRED TO APPLY
2. STATE LAW TO ISSUES OF SUBSTANCE
3. AND FEDERAL LAWS TO ISSUES OF PROCEDURE.

Question 525

1

ERIE DOCTRINE WILL NOT APPLY TO ISSUES OF SUBSTANCE WHERE

Answer 525

1. THERE IS FEDERAL LAW DIRECTLY ON POINT

Question 526

3

ESTABLISHING A DUTY OF TRUST FOR 10(b)(5) -2 CAUSING MISAPPROPRIATION FOR BREACH

Answer 526

1. PERSON AGREES TO MAINTAIN INFORMATION IN CONFIDENCE OR
2. RELATIONSHIP BETWEEN THE PARTIES ESTABLISHES AN EXPECTATION OF CONFIDENCE OR
3. FAMILIAL RELATIONSHIP WITH AN UNDERSTANDING INFORMATION IS MATERIAL, NONPUBLIC AND CONFIDENTIAL.

Question 527

3

ESTABLISHING FRAUDULENT JOINDER TO DEFEATE DIVERSITY

Answer 527

1. NO POSSIBLIITY OF ESTABLISHING CAUSE OF ACTION AGAINST JOINDED DEFENDANT
2. FRAUDULENTLY PLED JURISDICTIONAL FACTS TO BRING DEFENDANT INTO ACTION
3. MISJOINDER IS EGREGIOUS

Question 528

3

INDICATORS OF INTENT TO OPERATE

AS CO-OWNERS OF BUSINESS FOR PROFIT

Answer 528

1. COMMON OWNERSHIP OF ASSETS
2. DESIGNATING RELATIONSHIP AS PARTNERSHIP
3. EXTENSIVE JOINT EFFORTS

Question 529

1

ESTABLISHMENT CLAUSE - SECT PREFERENCE INVALID UNLESS

Answer 529

1. LAW IS NARROWLY TAILORED TO SERVE COMPELLING GOVERNMENT INTEREST (STRICT SCRUTINY STANDARD).

Question 530

2

ESTABLISHMENT CLAUSE - SECULAR PURPOSE TEST - DOES THE LAW

Answer 530

1. HAVE A PRIMARILY SECULAR EFFECT?
2. NOT FOSTER GOVERNMENT ENTANGLEMENT WITH RELIGION?

Question 531

2

ESTIMATING VALUE OF EQUITABLE CLAIM TO REACH 75,000 FOR DIVERSITY JURISDICTION

Answer 531

1. VALUE OF HARM SUFFERED BY PLAINTIFF
2. COST OF COMPLIANCE WITH ORDER FOR EQUITABLE RELIEF

Question 532

2

ESTOPPEL - CLAIM OF PUTATIVE SPOUSE

Answer 532

1. PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID
2. OR PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID AND TREATED IT LIKE IT WAS VALID

Question 533

4

EVALUATING 19B INDISPENSIBILITY FOR COMPULSORY JOINDER

Answer 533

1. PREJUDICE CAUSED TO MISSING PARTIES BY RENDERING JUDGMENT WITH A MISSING PARTY.
2. COURT’S ABILITY TO LESSEN SUCH PREJUDICE WITH A JUDGMENT.
3. ADEQUACY OF A JUDGMENT RENDERED WITH A MISSING PARTY.
4. ADEQUATE REMEDY AVAILABLE FOR PLAINTIFF IF CASE DISMISSED FOR NONJOINDER.

Question 534

3

EVALUATING WHETHER OR NOT ITEM IS A FIXTURE

Answer 534

1. ITEM IS FIRMLY EMBEDDED IN PREMISES
2. ITEM IS PARTICULARLY ADAPTED OR FITTED TO THE REAL ESTATE
3. REMOVAL WOULD DESTROY CHATTEL OR HARM REAL ESTATE

Question 535

3

TRIGGERS OF STRICT PRODUCT DEFECT

Answer 535

1. FAILURE TO WARN
2. DEFECTIVE DESIGN
3. DEFECTIVE MANUFACTURE

Question 536

2

MATERIAL BREACH OF LEASE REMEDY OPTIONS

Answer 536

1. SEEK EVICTION THROUGH COURTS
2. TERMINATE LEASE AND SUE FOR DAMAGES

Question 537

2

USING FORCE IN EVICTION

Answer 537

1. AT COMMON LAW, REASONABLE FORCE WAS OK TO EVICT TENANT
2. MODERNLY, MUST USE COURTS. NO MANUAL EVICTION.

Question 538

2

EVIDENCE - CHARACTER EVIDENCE IS INADMISSIBLE TO SHOW

Answer 538

1. CONDUCT IN CONFORMITY WITH CHARACTER
2. ON A PARTICULAR OCCASION

Question 539

1

EVIDENCE - CRIMINAL - CHARACTER EVIDENCE IS ONLY ALLOWED WHERE DEFENDANT

Answer 539

1. OPENS THE DOOR TO A SPECIFIC CHARACTER TRAIT

Question 540

1

EVIDENCE - CRIMINAL - FOR CHARATER EVIDENCE TO BE ADMISSIBLE, IT MUST ALWAYS BE

Answer 540

1. PERTINENT TO THE CASE

Question 541

2

EVIDENCE - CRIMINAL - CEC - THE PROSECUTION CAN INTRODUCT INSTANCES OF THESE FORMER CRIMES TO SHOW CONDUCT IN CONFORMITY -

Answer 541

1. DOMESTIC VIOLENCE
2. ELDER ABUSE

Question 542

1

EVIDENCE - CRIMINAL - FRE - WHERE THE DEFENDANT INTRODUCES EVIDENCE OF THE VICTIM’S CHARACTER, THE PROSECUTION CAN ADMIT EVIDENCE THAT

Answer 542

1. THE DEFENDANT HAS THE SAME TRAIT.

Question 543

1

EVIDENCE - CRIMINAL - CEC- WHERE THE DEFENDANT INTRODUCES EVIDENCE OF THE VICTIM’S VIOLENT CHARACTER, THE PROSECUTION CAN ADMIT EVIDENCE THAT

Answer 543

1. THE DEFENDANT HAS THE SAME VIOLENT TRAIT.

Question 544

2

EVIDENCE - CRIMINAL - FRE AND CEC - PROSECUTION MAY BE THE FIRST TO INTRODUCE PROPENSITY EVIDENCE REGARDING DEFENDANT’S CHARACTER TO COMMIT

Answer 544

1. SEXUAL ASSAULT
2. CHILD MOLESTATION

Question 545

3

EVIDENCES OF IMPLIED SERVITUDE

Answer 545

1. RECORDED PLAT
2. GENERAL PLAT OF RESTRICTIONS
3. ORAL REPRESENTATIONS TO EARLY BUYERS

Question 546

3

EVIDENTIARY ELEMENTS OF MOTION FOR SUMMARY JUDGMENT

Answer 546

1. EVIDENCE VIEWED IN LIGHT MOST FAVORABLE TO NONMOVING PARTY
2. NO CREDIBILITY EVALUATIONS
3. ONLY FIRST HAND KNOWLEDGE

Question 547

4

EXAMPLES OF ABNORMALLY DANGEROUS ACTIVITIES

Answer 547

1. CROP DUSTING
2. DYNAMITE BLASTING
3. TRANSPORT OF TOXIC WASTE
4. FUMIGATING

Question 548

1

EXCEPTION TO PRIOR CONSISTENT STATEMENT STATUS AS NON-HEARSAY UNDER FRE - USE OF PCS STATEMENT WILL NOT BE ADMISSIBLE WHERE IT WAS

Answer 548

1. IDENTIFICATION BY WITNESS IN A LINEUP

Question 549

5

EXCEPTIONS TO ATTORNEY CLIENT PRIVILEGE

Answer 549

1. DUTY OF CONFIDENTIALITY
2. CRIME OR FRAUD
3. SUIT AGAINST CLIENT
4. COMPETENCY OR INTENTION OF TESTATOR
5. CA - PREVENT SUBSTANTIAL BODILY INJURY OR DEATH

Question 550

1

ABA - EXCEPTIONS TO CONFIDENTIALITY REQUIREMENT

Answer 550

1. TO PREVENT CLIENT’S DEATH OR SERIOUS BODILY HARM

Question 551

6

EXCEPTIONS TO FRUIT OF POISONOUS VINE RULE

Answer 551

1. INDEPENDENT SOURCE
2. INEVITABLE DISCOVERY
3. PURGED TAINT
4. IMPEACHMENT
5. CIVIL HEARINGS
6. PAROLE PROCEEDINGS

Question 552

3

EXCEPTIONS WHERE MATERIAL TERMS ARE MERE COVENANTS INSTEAD OF EXPRESS MATERIAL CONDITIONS

Answer 552

1. TIME OF PERFORMANCE
2. PERSONAL SATISFACTION
3. AGREEMENTS NOT TO ASSIGN.

Question 553

3

EXCEPTIONS TO ONE LAWYER’S COI DISQUALIFYING ENTIRE FIRM - COI RESULTS FROM

Answer 553

1. LAWYER’S PERSONAL INTEREST OR
2. LAWYER’S IS SCREENED FROM PARTICIPATION IN SUBJECT MATTER OF FORMER REPRESENTATION, GIVEN NO FEE AND FORMER CLIENT IS NOTIFIED IN WRITING OR
3. LAWYER IS LEAVING THE FIRM

Question 554

4

EXCEPTIONS TO PRECATORY EXPRESSIONS NOT CREATING A TRUST - PRECATORY EXPRESSIONS WILL CREATE A TRUST WHERE THEY

Answer 554

1. GIVE PRECISE AND DEFINITE EXPRESSIONS
2. ARE ADDRESSED TO A FIDUCIARY
3. AN UNNATURAL DISPOSITION OF PROPERTY WOULD OTHERWISE RESULT
4. EXTRINSIC EVIDENCE OF SETTLOR’S INTENT TO SUPPORT THE BENEFICIARY

Question 555

4

EXCEPTIONS TO PRESUMPTION OF FRAUD OR UNDUE INFLUENCE BY BENEFICIARY OF DONATIVE TRANSFER

Answer 555

1. BLOOD RELATIVE OF TRANSFEROR
2. COHABITANT OF TRANSFEROR
3. PROPERTY TRANSFERRED WORTH UNDER 5K
4. TRANSFER WAS REVIEWED BY INDEPENDENT COUNSEL W/OUT BENEFICIARY PRESENT

Question 556

3

EXCEPTIONS TO PRINCIPAL NOT HAVING LIABILITY FOR INTENTIONAL TORTS OF AN AGENT

Answer 556

1. SPECIFICALLY AUTHORIZED
2. NATURAL RESULT FROM EMPLOYMENT
3. TORTIOUS ACT WAS MOTIVATED BY INTENT TO SERVE PRINCIPAL

Question 557

3

PART PERFORMANCE EXCEPTIONS TO

SOF LAND CONTRACT REQUIREMENTS - BUYER

Answer 557

1. MAKES FULL OR PARTIAL PAYMENT
2. GAINS POSSESSION OF LAND
3. AND/OR SUBSTANTIAL IMPROVEMENTS TO PROPERTY

Question 558

3

COLLATERAL ORDER DOCTRINE - TESTING ELIGIBILITY FOR INTERLOCUTORY APPEALS IN FEDERAL COURT

Answer 558

1. OUTCOME OF CASE WILL BE CONCLUSIVELY DETERMINED BY THE ISSUE
2. MATTER BEING APPEALED IS COLLATERAL TO THE MERITS
3. MATTER WILL BE EFFECTIVELY UNREVIEWABLE IF IMMEDIATE APPEAL NOT ALLOWED.

Question 559

4

EXCEPTIONS TO THE FINAL JUDGMENT RULE - FED

Answer 559

1. INJUNCTIONS
2. COLLATERAL ORDERS
3. EXTRAORDINARY WRIT
4. ONE CLAIM OR PARTY IS RESOLVED AND JUDGE MAKES EXPRESS DETERMINATION OF RESULTION

Question 560

3

EXCEPTIONS TO THE FINAL JUDGMENT RULE - CA

Answer 560

1. ANTI-SLAPP MOTIONS
2. INJUNCTIONS
3. EXTRAORDINARY WRIT

Question 561

4

EXCEPTIONS TO THE PREEXISTING DUTY RULE

Answer 561

1. CHANGED CIRCUMSTANCES
2. RATIFY VOIDABLE OBLIGATION
3. HONESTY DISPUTE OF DUTY
4. DUTY IS TO THIRD PARTY

Question 562

2

EXCITED UTTERANCE HEARSAY EXCEPTION

Answer 562

1. STATEMENT RELATING TO STARTLING EVENT OR CONDTITION
2. MADE WHILE DECLARANT WAS UNDER STRESS OF EXCITEMENT CASUED BY EVENT OR CONDITION.

Question 563

1

EXCLUSIONARY RULE

Answer 563

1. BARS PROSECUTION FROM INTRODUCTING EVIDENCE OBTAINED BY VIOLATING DEFENDANT’S 4TH, 5TH OR 6TH AMENDMENT RIGHTS.

Question 564

2

EXECUTIVE POWERS - LIMITATIONS ON EXECUTIVE ORDERS

Answer 564

1. NOT WHERE IN CONFLICT WITH FEDERAL STATUTE
2. NOT WHERE IN CONFLICT WITH U.S. CONSTITUTION

Question 565

8

EXECUTIVE POWERS - PRESIDENT CAN

Answer 565

1. ISSUE EXECUTIVE ORDERS
2. MAKE TREATIES
3. REPRESENT U.S. ON FOREIGN POLICY
4. APPOINT AMBASSADORS
5. VETO BILLS
6. APPOINT TOP LEVEL FEDERAL OFFICIALS
7. ISSUE PARDONS
8. EXERCISE EXECUTIVE PRIVILEGE

Question 566

3

EXHAUSTION METHOD

Answer 566

1. FUNDS IN COMMUNITY ACCOUNT DEPLETED
2. ONLY FUNDS IN SP ACCOUNT AVAILABLE
3. WHEN PROPERTY PURCHASED

Question 567

2

EXONERATION - ABATEMENT OF SPECIFIC GIFT TO EXONERATE AN ENCUMBRANCE ON ANOTHER SPECIFIC GIFT

Answer 567

1. NOT ALLOWED

Question 568

2

WILLS -EXONERATION OF ENCUMBRANCE ON GIFT-ELEMENTS

Answer 568

1. WILL REQUIRES ENCUMBRANCE ON GIFT BE PAID
2. SO GIFT CAN BE DEVISED FREE AND CLEAR

Question 569

1

EXPECTATION DAMAGES

Answer 569

1. COMPENSATE PLAINTIFF FOR EXPECTED BENEFIT OF THE BARGAIN

Question 570

T

EXPERT’S OPINIONS MAY BE BASED ON FACTS

Answer 570

1. LEARNED BEFORE THE TRIAL
2. LEARNED AT THE TRIAL

Question 571

4

EXPRESS EASEMENT CREATION

Answer 571

1. IN WRITING
2. MANIFESTING GRANTOR’S PRESENT INTENT
3. IDENTIFICATION OF PARTIES AND AFFECTED LAND
4. SIGNED BY GRANTOR

Question 572

1

EXPRESS MATERIAL CONDITION

Answer 572

1. A MATERIAL CONDITION EMBODIED IN EXPRESS, UNEQUIVOCAL TERMS IN THE CONTRACT.

Question 573

3

EXPRESS TRUST CREATION TYPES

Answer 573

1. INTERVIVOS DECLARATION THAT PROPERTY IS HELD IN TRUST (INTER VIVOS TRUST)
2. INTERVIVOS TRANSFER OF PROPERTY BY SETTLOR TO TRUST DURING SETTLOR’S LIFETIME (LIVING TRUST)
3. BY WILL (TESTAMENTARY TRUST)

Question 574

2

EXPRESS WARRANTY TRIGGERS

Answer 574

1. DEFENDANT EXPRESSLY WARRANTS FACTS OR REPRESENTATIONS
2. THESE WARRANTY BECOMES EXPECTED BENEFIT OF BARGAIN

Question 575

2

WHAT EFFECT DOES ASSIGNMENT HAVE ON PROMISEE’S RIGHTS?

Answer 575

1. EXTINGUISHES PROMISEE’S RIGHTS
2. PROMISOR IS ONLY LIABLE TO ASSIGNEE.

Question 576

2

EXTORTION

Answer 576

1. AT COMMONLAW, EXTORTION WAS MISDEMEANOR CRIME OF UNLAWFULL FEE COLLECTION BY PUBLIC OFFICER
2. MODERNLY, EXTORTION IS CRIME OF OBTAINING PROPERTY BY MAKING SPECIFIC THREATS ENUMERATED BY JURISDICTION.

Question 577

3

EXTRA FACTORS INFLUENCING FEASIBLITY OF ENFORCEMENT DECISIONS ON PERMANENT INJUNCTIONS - INJUNCTION INVOVLES

Answer 577

1. A SERIES OF ACTS INSTEAD OF ONE ACT
2. TASTE OR SUBJECTIVE JUDGMENT TO MEASURE PEFORMANCE
3. JURISIDICTIONAL ISSUES AFFECTING ENFORCEMENT

Question 578

3

EXTRAORDINARY WRIT ISSUED BY APPELLATE COURT IS AN ORDER USED TO MAKE AVAILABLE

Answer 578

1. EXTRAORDINARY POWERS
2. OR REMEDIES
3. TO THE LOWER COURT

Question 579

3

FACTORS FOR EVALUATING THE PREDOMINATE PURPOSE RULE ARE

Answer 579

1. LANGUAGE OF CONTRACT
2. NATURE OF SUPPLIER’S BUSINESS
3. RELATIVE VALUE OF GOODS VS. SERVICES

Question 580

2

FACTUAL REQUIREMENT FOR JOINING CLAIMS FOR SUPPLEMENTAL JURISDICTION

Answer 580

1. CLAIMS MUST SHARE A COMMON NUCLEUS OF OPERATIVE FACT
2. ARISING FROM THE SAME TRANSACTION OR OCCURRENCE.

Question 581

4

CRIMINAL FALSE IMPRISONMENT

Answer 581

1. FALSE IMPRISONMENT IS A GENERAL INTENT CRIME
2. OF UNLAWFUL CONFINING VICTIM WITHIN FIXED BOUNDARIES
3. FOR ANY PERIOD OF TIME
4. WITH NO REASONABLE MEANS OF ESCAPE

Question 582

3

FALSE PRETENSES - OCCURS WHERE DEFENDANT ACTS WITH

Answer 582

1. SPECIFIC INTENT
2. KNOWINGLY MAKING A FALSE STATEMENT OR PROMISE
3. INDUCING VICTIM TO GIVE DEFENDANT MONEY OR TITLE TO PERSONAL PROPERTY.

Question 583

3

FEDERAL - OBJECTIONS TO JURY INSTRUCTIONS REQUIREMENTS

Answer 583

1. ON THE RECORD
2. DONE WHEN COURT GIVES OPPORTUNITY TO DO SO
3. OR AFTER LEARNING INSTRUCTION WILL BE INCLUDED OR OMMITTED

Question 584

3

FEDERAL RULE 12(B)(6) - NONWAIVABLE DEFENSES - (CAN BE RAISED ANYTIME BEFORE TRIAL IS CONCLUDED)

Answer 584

1. FAILURE TO JOIN AN INDISPENSIBLE PARTY
2. FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED
3. LACK OF SMJ

Question 585

7

FEDERAL 12(B)(6) GROUNDS FOR DISMISSAL

Answer 585

1. LACK OF SMJ
2. LACK OF PJ
3. LACK OF PROPER VENUE
4. INSUFFICIENT PROCESS
5. INSUFFICIENT SERVICE OF PROCESS
6. FAILURE TO STATE A CLAIM
7. FAILURE TO JOIN AN INDISPENSIBLE PARTY

Question 586

3

FEDERAL - PROTECTED ATTORNEY/WORK PRODUCT CAN BE GENERATED BY

Answer 586

1. ATTORNEY
2. THE PARTY FOR ATTORNEY’S USE
3. THE PARTY’S REPRESENTATIVE FOR ATTORNEY’S USE

Question 587

5

FEDERAL CLASS ACTION REQUIREMENTS

CAN’T -C

Answer 587

1. NUMEROSITY
2. COMMONALITY
3. TYPICALITY
4. ADEQUACY
5. CLASS TYPE REQUIREMENTS

Question 588

1

FEDERAL COURT - APPROPRIATE VENUE WHERE THERE ARE MULTIPLE DEFENDANTS

Answer 588

1. VENUE IS APPROPRIATE IN ANY OF THE DISTRICTS WHERE ANY OF THE DEFENDANTS RESIDE.

Question 589

2

PREJUDGMENT ATTACHMENT REQUIRES

Answer 589

1. EXISTING LAWSUIT
2. CLAIMED RIGHT TO DEFENDANT’S PROPERTY
3. DEMONSTRATED NEED TO SECURE PROPERTY BEFORE CASE RESOLUTION.

Question 590

2

FEDERAL COURTS HAVE SUBJECT MATTER JURISDICTION OVER

Answer 590

1. FEDERAL QUESTION CASES
2. DIVERSITY OF CITIZENSHIP CASES

Question 591

1

FEDERAL INTERROGATORY LIMITS

Answer 591

1. ONLY 25 INTERROGATORIES

Question 592

4

FEDERAL JURY COMPOSITION

N,C,PC,V

Answer 592

1. NUMBER: 6-12
2. CHALLENGES FOR CAUSE: UNLIMITED FOR EACH SIDE
3. PREEMPTORY CHALLENGES: THREE FOR EACH SIDE
4. VERDICT REQUIRES: UNANIMOUS DECISION

Question 593

2

FEDERAL LIMITS ON DEPOSITIONS

Answer 593

1. ONLY 10
2. DEPOSITION MUST NOT EXCEED A 7 HOUR DAY WITHOUT COURT ORDER

Question 594

1

FEDERAL PLEADING (NOTICE VS. FACT PLEADING) WILL APPLY TO WHICH CASES

Answer 594

1. ALL FEDERAL CASES.

Question 595

3

FEDERAL QUESTION CATEGORIES

Answer 595

1. US CONSTITUTION
2. FEDERAL LAWS
3. TREATIES

Question 596

1

FEDERAL RIGHT TO JURY TRIAL GRANTED BY

Answer 596

1. SEVENTH AMENDMENT

Question 597

3

FEDERAL SUBSTITUTE SERVICE REQUIREMENTS

Answer 597

1. SOMEONE OF SUITABLE AGE AT DEFENDANT’S RESIDENCE WHO RESIDES THERE.
2. DEFENDANT’S AUTHORIZED AGENT.
3. ANY METHOD PERMITTED BY STATE LAW.

Question 598

1

FEDERAL TIME LIMITS TO FILE APPEAL

Answer 598

1. 30 DAYS AFTER ENTRY OF JUDGMENT

Question 599

3

FEDERAL TRANSFER OF VENUE STANDARD

Answer 599

1. COURT LOOKS TO INTERESTS OF JUSTICE
2. PUBLIC FACTORS - BURDEN TO COMMUNITY, CHOICE OF LAW
3. PRIVATE FACTORS - CONVENIENCE, LOCATION OF EVIDENCE AND WITNESSES

Question 600

1

FEE SIMPLE ABSOLUTE CONVEYS

Answer 600

1. ABSOLUTE OWNERSHIP OF POTENTIALLY INFINITE DURATION.

Question 601

2

FEE SIMPLE DEFEASIBLE

Answer 601

1. CONVEYS AN INTEREST IN REAL PROPERTY
2. SUBJECT TO LIMITATIONS.

Question 602

4

FEE SIMPLE DETERMINABLE - OTFC

Answer 602

1. OWNERSHIP - POTENIALLY INFINITE, SUBJECT TO OCCURENCE OF POSSIBLE EVENT
2. TRANSFERABILITY - ALIENABLE, DEVISABLE, DESCENDIBLE, SUBJECT TO CONDITION
3. FUTURE INTEREST GRANTOR OWNS - POSSIBILITY OF REVERTER
4. CREATED BY - WORDS OF DURATION

Question 603

3

FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT - OWNERSHIP IS

Answer 603

1. POTENIALLY INFINITE
2. SUBJECT TO OCCURENCE OF POSSIBLE EVENT
3. IF GRANTOR TIMELY EXERCISES RIGHT OF REENTRY

Question 604

5

FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION

Answer 604

1. OWNERSHIP - POTENIALLY INFINITE, SUBJECT TO OCCURENCE OF POSSIBLE EVENT
2. TRANSFERABILITY - ALIENABLE, DEVISABLE, DESCENDIBLE, SUBJECT TO CONDITION
3. FUTURE INTEREST GRANTOR OWNS - SHIFTING EXECUTORY INTEREST
4. FUTURE INTEREST THIRD PARTY OWNS - SPRINGING EXECUTORY INTEREST
5. CREATED BY - WORDS OF CONDITION

Question 605

1

FEE SUBJECT TO A CONDITION SUBJEQUENT - RIGHT GRANTOR OWNS IS

Answer 605

1. RIGHT OF REENTRY

Question 606

1

TRANSFERABLITY OF FEE SUBJECT TO CONDITION SUBSEQUENT

Answer 606

1. ALIENABLE, DESCENDABLE AND DEVISABLE, SUBJECT TO CONDITION

Question 607

3

FEE TAIL

Answer 607

1. PASSES AUTOMATICALLY TO LINEAL DESCENDANTS OF HEIR
2. LASTS AS LONG AS LINEAL DESCENDANTS EXIST
3. MODERNLY, VIRTUALLY ABOLISHED.

Question 608

2

FIDUCIARY DUTIES - PARTNERSHIP - DUTY TO ACCOUNT- TO REMEDY BREACH, PARTNERS MAY

Answer 608

1. BRING ACTIONS FOR LOSSES CAUSED BY OTHER PARTNER’S BREACH
2. REMEDY IS DISGORGEMENT OF ILL-GOTTEN PROFITS BACK TO THE PARTNERSHIP

Question 609

3

FIDUCIARY DUTIES OF LLC MEMBERS

WHICH DUTIES AND TO WHOM OWED

Answer 609

1. DUTY OF CARE
2. DUTY OF LOYALTY
3. DUTIES OWED TO LLC AND LLC MEMBERS

Question 610

4

FIDUCIARY DUTIES OWED BY PARTNERS TO EACH OTHER AND THE PARTNERSHIP

Answer 610

1. DUTY OF LOYALTY
2. DUTY OF CARE
3. DUTY OF DISCLOSURE
4. DUTY TO ACCOUNT

Question 611

3

FIDUCIARY DUTIES OWED BY SPOUSES - FULL DISCLOSURE OF MATERIAL FACTS - WHAT SPOUSES MUST DISCLOSE AND DO

Answer 611

1. COMMUNITY ASSETS
2. COMMUNITY DEBTS
3. PROVIDE EQUAL ACCESS TO THIS INFORMATION

Question 612

2

FIDUCIARY DUTIES OWED BY SPOUSES TO EACH OTHER

Answer 612

1. FULL DISCLOSURE OF MATERIAL FACTS
2. GOOD FAITH AND FAIR DEALINGS

Question 613

2

FIDUCIARY DUTIES OWED BY SPOUSES TO EACH OTHER

Answer 613

1. FULL DISCLOSURE OF MATERIAL FACTS
2. GOOD FAITH AND FAIR DEALINGS

Question 614

3

FIDUCIARY DUTIES OWED SPOUSES - DUTY OF GOOD FAITH AND FAIR DEALING - SPOUSES MUST

Answer 614

1. OPERATE WITH HIGHEST DEGREE OF GOOD FAITH
2. MAKE FAIR DEALINGS WITH OTHER SPOUSE
3. NEVER TAKE UNFAIR ADVANTAGE OF OTHER SPOUSE

Question 615

3

FIDUCIARY DUTIES OWED SPOUSES - DUTY OF GOOD FAITH AND FAIR DEALING

Answer 615

1. SPOUSES MUST OPERATE WITH HIGHEST DEGREE OF GOOD FAITH
2. MAKE FAIR DEALINGS WITH OTHER SPOUSE
3. NEVER TAKE UNFAIR ADVANTAGE OF OTHER SPOUSE

Question 616

2

FIFTH AMENDENT AND DOUBLE JEOPARDY

Answer 616

1. DEFENDANT CANNOT BE TRIED FOR THE SAME OFFENSE TWICE
2. ONCE JEOPARDY HAS ATTACHED TO THE ORIGINAL CRIME.

Question 617

1

FIFTH AMENDMENT - DUE PROCESS - CONFESSIONS MUST BE

Answer 617

VOLUNTARY

Question 618

2

FIFTH AMENDMENT - MIRANDA INVOCATION AND INTERROGATION FOR OTHER OFFENSES

Answer 618

1. UNDER THE 5TH AMENDMENT
2. INVOCATION OF COUNSEL MANDATES POLICE STOP INTERROGATION REGARDING ANY CRIMINAL OFFENSE

Question 619

2

FIFTH AMENDMENT - INDENTIFICATIONS CANNOT BE

Answer 619

1. UNNECESSARILY SUGGESTIVE
2. OR CONDUCIVE TO MISTAKEN IDENTITY.

Question 620

2

FIFTH AMENDMENT SELF-INCRIMINATION PROTECTION

Answer 620

1. NO COMPULSION TO GIVE COMMUNICATIVE EVIDENCE OR TESTIMONY
2. EXPOSING ONE’S SELF TO CRIMINAL LIABILITY

Question 621

3

FIGURING OUT WHO OWNS UNTITLED PROPERTY IN A PARTNERSHIP

Answer 621

1. WERE PARTNERSHIP FUNDS USED TO ACQUIRE, IMPROVE OR MAINTAIN?
2. WAS THERE A CLOSE RELATIONSHIP BETWEEN THE PROPERTY AND BUSINESS?
3. DID THE PARTNERSHIP LIST THE PROPERTY ON ITS BOOKS?

Question 622

2

FINAL JUDGMENT ON THE MERITS OCCURS WHEN

Answer 622

1. FED- WHEN JUDGMENT IS RENDERED
2. CA - WHEN APPEALS HAVE CONCLUDED

Question 623

1

FINAL JUDGMENT RULE

Answer 623

1. ONLY FINAL JUDGMENTS MAY BE APPEALED

Question 624

1

FINAL JUDGMENT RULE - CA

Answer 624

1. NO APPEAL UNTIL AFTER JUDGMENT ON THE MERITS

Question 625

5

FIRST AMENDMENT - FREEDOM OF ASSOCIATION - CONSTITUTIONALLY PROTECTED ACTIVITIES

Answer 625

1. SPEECH
2. ASSEMBLY
3. PRESS
4. SEEKING GOVERNMENT REDRESS
5. FREE EXERCISE OF RELIGION

Question 626

5

FIVE PART TEST FOR PERMANENT INJUNCTION (I PUT FIVE BUCKS DOWN)

Answer 626

1. INADEQUATE LEGAL REMEDY
2. PROPERTY RIGHT IS INVOLVED
3. FEASIBILITY OF COURT ENFORCEMENT
4. BALANCE OF HARDSHIPS WEIGHS IN FAVOR OF GRANTING DECREE
5. DEFENSES ARE NOT AVAILABLE TO OTHER PARTY

Question 627

5

TYPES OF EASEMENT CREATION

Answer 627

1. EXPRESS CREATION
2. CREATION BY IMPLICATION
3. CREATION BY NECESSITY
4. CREATION BY PRESCRIPTION
5. CREATION BY ESTOPPEL

Question 628

3

FIXTURES DEFINITION

Answer 628

1. ITEMS WERE ONCE MOVEABLE CHATTEL
2. NOW SO ATTACHED TO THE REAL ESTATE
3. THEY ARE DEEMED FIXTURES TO THE REAL ESTATE

Question 629

1

MBE MISSED - FOR DOCTOR PATIENT PRIVILEGE - THE PRIVILEGE MUST BE ASSERTED BY THE

Answer 629

1. PATIENT.

Question 630

1

FOR FINDING INTENT TO OPERATE AS CO-OWNERS OF A BUSINESS FOR PROFIT - THIS WILL NEVER BE USED

Answer 630

1. SHARING JOINT REVENUE

Question 631

1

FORECLOSURE DEFINITION

Answer 631

1. SALE OF MORTGAGED LAND BY MORTGAGOR TO SATISFY MORTGAGE WHEN IT IS IN DEFAULT

Question 632

1

FOREFEITURE BY MISCONDUCT EXCEPTION

Answer 632

1. STATEMENTS FROM WITNESS MADE UNAVAILABLE BY WRONGDOING OF PARTY WILL BE ADMISSABLE AGAINST THAT PARTY.

Question 633

4

FORESEEABLE INTERVENING CAUSES

Answer 633

1. SUBSEQUENT MEDICAL MALPRACTICE
2. NEGLIGENT RESCUER
3. SUBSEQUENT INFECTION CAUSED BY WEAKENED CONDITION
4. SUBSEQENT ACCIDENT SUBSTANTIALLY CAUSED BY INJURY

Question 634

2

FORGERY IS THE CRIME OF

Answer 634

1. FALSIFYING A LEGAL INSTRUMENT
2. WITH THE SPECIFIC INTENT TO DEFRAUD OR COMMIT LARCENY

Question 635

4

FORMALITY REQUIREMENTS OF DEED

Answer 635

1. IDENTIFY PARTIES
2. SIGNED BY GRANTOR
3. IDENTIFY THE PROPERTY
4. NO CONSIDERATION REQUIRED

Question 636

4

TO FORM A LIMITED LIABILITY PARTNERSHIP, THIS MUST BE DONE

Answer 636

1. FILE STATEMENT OF QUALIFICATION WITH SOS
2. STATEMENT MUST BE EXECUTED BY AT LEAST TWO OF THE PARTNERS
3. STATEMENT MUST INCLUDE NAME AND ADDRESSES OF THE PARTNERS
4. PARTNERNSHIP NAME MUST END IN LLP OR RLLP

Question 637

3

FORMATION OF AGENCY RELATIONSHIP - ABC

Answer 637

1. AGREEMENT BETWEEN PARTIES
2. BENEFIT TO PRINCIPAL
3. CONTROL OF AGENT’S CONDUCT BY PRINCIPAL

Question 638

6

FORMATION OF LIMITED PARTNERSHIPS REQUIREMENTS

Answer 638

1. FILE LIMITED PARTNERSHIP CERTIFICATE W/STATE
2. NAME - MUST INCLUDE LP
3. AGENT’S NAME AND ADDRESS
4. GENERAL PARTNERS NAMES AND ADDRESSES
5. RECORDS MAINTAINED IN STATE OF FORMATION
6. IF NOT DONE CORRECTLY LP BECOMES GP

Question 639

2

REQUIREMENTS FOR FORMING A GENERAL PARTNERSHIP

Answer 639

1. NO FORMALITIES
2. ONLY INTENT TO OPERATE A FOR PROFIT BUSINESS AS CO-OWNERS

Question 640

5

HOW TO FORM A LLC

Answer 640

1. FILE ARTICLES WITH SOS
2. DISCLOSE NAME OF LLCS
3. NAME AND ADDRESS OF REGISTERED AGENT
4. NAMES OF ALL MEMBERS
5. MAY ADOPT OPERATING AGREEMENT

Question 641

2

BURDEN ON DEFENDANT FOR INCONVIENT FORUM FACTORS - DEFENDANT MUST PROVE A BURDEN OF

Answer 641

1. TRAVEL
2. TRANSPORT OF WITNESSES AND EVIDENCE

Question 642

4

FORUM NON CONVENIENS OCCURS WHERE COURT

Answer 642

1. DISMISSES CASE OR
2. STAYS CASE
3. BECAUSE FAR MORE APPROPRIATE FORUM
4. IN ANOTHER STATE OR COUNTRY.

Question 643

2

FORUM SHOPPING DETERRENCE TEST

Answer 643

1. WILL FAILURE TO FOLLOW STATE LAW CAUSE LITIGANTS TO FLOCK TO FEDERAL COURT?
2. IF SO, STATE LAW MUST BE APPLIED.

Question 644

1

FOURTH AMENDMENT PROTECTS AGAINST

Answer 644

1. UNREASONABLE SEARCHES AND SEIZURES

Question 645

6

ELEMENTS OF FRAUD FOR 10b-5 - MISREPRESENTATION

Answer 645

1. INTENTIONALLY
2. OR RECKLESSLLY
3. MAKING MATERIAL MISREPRESENTATION
4. CAUSING RELIANCE
5. PROMPTING TRADE OF SECURITY
6. THROUGH INTERSTATE COMMERCE

Question 646

2

FRAUD IN THE EXECUTION OCCURS WHEN TESTATOR IS UNAWARE

Answer 646

1. HE IS SIGNING A WILL
2. HE IS SIGNING A FORGED WILL

Question 647

2

FRAUD IN THE INDUCEMENT OCCURS WHEN AND CONSEQUENCE

Answer 647

1. TESTATOR INFLUENCED TO INCLUDE PROVISIONS IN WILL BY MISREPRESENTATIONS
2. ONLY FRAUDULENT PROVISIONS WILL BE FOUND INVALID

Question 648

4

FRAUD OR UNDUE INFLUENCE BY BENEFICIARY IN DONATIVE TRANSFERS REBUTTABLY PRESUMED WHERE BENEFICIARY IS

Answer 648

1. DRAFTER OF TRANSFER
2. FIDUCIARY OF TRANSFEROR WHO TRANSCRIBED TRANSFER OR CAUSED TRANSCRIPTION OF TRANSFER
3. CARE CUSTODIAN OF TRANSFEROR OR PROVIDED CARE W/IN 90 DAYS OF TRANSFER
4. COHABITANT OR EMPLOYEE OF THE SAME

Question 649

1

FRAUD PREVENTING REVOCATION OF WILL OCCURS WHEN

Answer 649

1. FRAUD IS IMPLEMENTED TO PREVENT REVOCATION

Question 650

2

FRE - ON CROSS-EXAMINATION, TO REBUT CHARACTER EVIDENCE, THE PROSECUTION MAY _______ ABOUT SPECIFIC BAD ACTS, BUT NEVER OFFER ________ EVIDENCE ABOUT THE SAME.

Answer 650

1. ASK QUESTIONS
2. EXTRINSIC

Question 651

4

FRE 408 - STATEMENTS MADE BY DURING SETTLEMENT NEGOTIATIONS MAY BE ADMITTED TO SHOW

Answer 651

1. WITNESS BIAS
2. WITNESS PREJUDICE
3. NEGATION OF CONTENTION OF UNDUE DELAY
4. OBSTRUCTION OF CRIMINAL JUSTICE

Question 652

2

FREE EXERCISE CLAUSE - LAWS OF GENERAL APPLICABILITY ALLOWED WHERE

Answer 652

1. WHERE NOT INTENDED TO BURDEN RELIGIOUS BELIEFS
2. WHERE ADVANCES IMPORTANT PUBLIC INTERESTS

Question 653

2

FREE EXERCISE CLAUSE GRANTS THE FREEDOM TO

Answer 653

1. BELIEVE ANY RELIGION
2. CONDUCT ONE’S SELF IN ACCORDANCE WITH ANY RELIGION

Question 654

3

FREE SPEECH REGULATION LIMITATION - PRIOR RESTRAINT ONLY ALLOWED WHERE

Answer 654

1. IRREPERABLE AND SERIOUS HARM TO PUBLIC WILL OCCUR
2. NARROWLY DRAWN STANDARDS
3. FINAL DETERMINATION OF VALIDITY

Question 655

2

FREE SPEECH REGULATION LIMITATION - UNFETTERED DISCRETION OCCURS WHEN THE LAW GOVERNING THE GRANTING OF PERMITS DOES NOT SET FORTH

NPNTRO

Answer 655

1. NARROW AND SPECIFIC GROUNDS LIMITING DECISION MAKER
2. PERMIT MECHANISMS ARE NOT NARROWLY TAILORED TO REGULATION’S OBJECTIVE

Question 656

1

FREE SPEECH REGULATION LIMITATION - VAGUENESS

Answer 656

1. REASONABLE PERSON WOULD HAVE TO GUESS AT MEANING

Question 657

3

FREEDOM ASSOCIATION PREVENTS DENIAL OF

Answer 657

1. GOVERNMENT JOBS
2. GOVERNMENT BENEFITS
3. BASED ON ASSOCIATIONS

Question 658

2

FREEDOM OF ASSOCATION ONLY APPLIES TO ASSOCIATION WITH

Answer 658

1. GROUPS AND ASSOCIATIONS PROTECTED BY FIRST AMENDMENT
2. NOT SOCIAL GROUPS

Question 659

2

FIRST AMENDMENT FREEDOM OF ASSOCIATION

Answer 659

1. NOT EXPRESSLY STATED
2. BUT THE RIGHT TO EXPRESSIVE ASSOCIATION WITH GROUPS ENGAGING IN CONSTITUTIONALLY PROTECTED ACTIVITIES.

Question 660

1

FREEDOM OF ASSOCIATION LIMITATIONS MUST SERVE

Answer 660

1. COMPELLING GOVERNMENT INTEREST

Question 661

1

FREEDOM OF SPEECH - CONTENT BASED SPEECH REGULATIONS AFFECT

Answer 661

1. COMMUNICATIVE IMPACT OF EXPRESSION

Question 662

1

FREEDOM OF SPEECH - STANDARD OF REVIEW FOR CONTENT BASED SPEECH REGULATIONS

Answer 662

1. STRICT SCRUTINY

Question 663

5

FREEDOM OF SPEECH - UNPROTECTED SPEECH CATEGORIES

Answer 663

1. SPEECH INCITING IMMINENT LAWLESS ACTION
2. FIGHTING WORDS
3. OBSCENITY
4. DEFAMATION
5. MOST COMMERCIAL SPEECH

Question 664

1

FREEHOLD ESTATE IS A

Answer 664

1. PRESENT POSSESSORY INTERESTS IN REAL ESTATE.

Question 665

2

FROLIC V. DETOUR

Answer 665

1. FROLIC INVOLVES AGENT DEVIATING FROM INTENDED CONDUCT SO SUBSTANTIALLY THAT SHE IS ACTING FOR HER OWN PURPOSES. AGENT IS LIABLE FOR HER ACTS.
2. DETOUR IS A SMALL DEVIATION FROM INTENDED CONDUCT. PRINCIPAL IS LIABLE FOR AGENT’S ACTS.

Question 666

3

DURATION OF FUTURE COVENANTS CONTAINED WARRANTY DEEDS

Answer 666

1. RUN WITH THE LAND
2. CONTINUOUS

Question 667

1

FUTURE COVENANTS CONTAINED IN WARRANTY DEEDS ARE BREACHED WHEN

Answer 667

1. THE GRANTEE IS DISTURBED IN POSSESSION

Question 668

3

FUTURE INTERESTS HELD BY GRANTOR

Answer 668

1. REVERSION - GRANTOR GRANTS ESTATE LESS THAN HIS OWN
2. RIGHT OF REENTRY - GRANTOR GRANTS FEE SUBJECT TO CONDITION SUBSEQUENT
3. POSSIBILITY OF REVERTER - GRANTOR GRANTS FEE SIIMIPLE DETERMINABLE

Question 669

2

GENERAL DAMAGES

Answer 669

1. FLOW TO ANY PLAINTIFF AS A NATURAL RESULT OF TORT
2. NONECOMONIC

Question 670

4

GENERAL DAMAGES COMPENSATE FOR

Answer 670

1. PAIN
2. SUFFERING
3. INCONVENIENCE
4. EMOTIONAL DISTRESS

Question 671

2

GENERAL GIFTS

Answer 671

1. NOT SPECIFIC PROPERTY
2. FROM GENERAL ASSETS OF ESTATE

Question 672

1

GENERAL INTENT CRIME REQUIRES THIS LEVEL OF MENS REA

Answer 672

1. ONLY TO COMMIT THE LEGALLY PROSCRIBED CONDUCT.

Question 673

3

WHAT MAKES A GENERAL PARTNERSHIP?

Answer 673

1. ASSOCIATION OF TWO OR MORE PERSONS
2. OPERATING AS CO-OWNERS OF BUSINESS FOR PROFIT
3. WHETHER OR NOT INTENT TO FORM PARTNERSHIP

Question 674

3

GENERAL RULE OF ASSIGNMENTS IN LEASES

Answer 674

1. PARTIES MAY TRANSFER INTERESTS IN LEASES
2. UNLESS AGREED OTHERWISE
3. PROHIBITIONS ON TRANSFERS ARE ENFORCEABLE.

Question 675

3

GENERAL WARRANTY DEED CONTAINS

Answer 675

1. WARRANTY AGAINST DEFECTS IN TITLE
2. THREE PRESENT COVENANTS OF TITLE
3. THREE FUTURE COVENANTS OF TITLE

Question 676

2

GIFTS FROM CLIENT PROSCRIPTION

Answer 676

1. LAWYER CANNOT INDUCE OR SOLICIT A SUBSTANTIAL GIFT FROM CLIENT
2. CANNOT PREPARE AN INSTRUMENT GIVING HIMSELF A GIFT UNLESS HE’S RELATED TO CLIENT

Question 677

2

GIFTS TO ATTORNEYS

Answer 677

1. ATTORNEYS CANNOT PREPARE ANY INSTRUMENT MAKING THE ATTORNEY OR A PERSON RELATED TO THE ATTORNEY RECIPIENT OF A SUBSTANTIAL GIFT
2. UNLESS THE ATTORNEY IS RELATED TO THE CLIENT

Question 678

4

GLOVES GO ON

Answer 678

HANDS

Question 679

3

GOOD FAITH WARRANT EXCEPTION OCCURS WHERE THE OFFICER

Answer 679

1. REASONABLY RELIED ON A FACIALLY VALID WARRANT
2. BUT WARRANT ULIMATELY FOUND TO BE UNSUPPORTED BY PROBABLE CAUSE
3. EVIDENCE OBTAINED FROM WARRANT SUPPORTED SEARCH WILL NOT BE INADMISSIBLE

Question 680

3

GRATUITOUS ASSIGNMENTS ARE REVOCABLE UNTIL

Answer 680

1. THE ASSIGNMENT IS MADE IN WRITING
2. OR A TOKEN CHOSE IS DELIVERED
3. OR DETRIMENTAL RELIANCE OCCURS

Question 681

2

ENFORCEABLITY GRATUITOUS DELEGATION

Answer 681

1. GRATITOUS DELEGATION IS NOT ENFORECABLE AT EQUITY
2. UNLESS THERE IS DETRIMENTAL RELIANCE.

Question 682

7

GROUNDS FOR MOTION TO SET ASIDE JUDGMENT - FEDERAL

Answer 682

1. CLERICAL ERRORS
2. NEGLECTFUL MISTAKES
3. NEW DISCOVERED EVIDENCE THAT WOULD NOT REASONABLY DISCOVERED IN PREVIOUS TRIAL
4. FRAUD
5. VOID JUDGMENT
6. PREVIOUS JUDGMENT CAUSING JUDGMENT IS SATISFIED
7. ANY OTHER REASON JUSTIFYING RELIEF

Question 683

4

GROUNDS FOR MOTION TO SET ASIDE JUDGMENT - CA

Answer 683

1. MISTAKE
2. INADVERTANCE
3. EXCUSABLE NEGLECT
4. SURPRISE

Question 684

3

GROUNDS FOR CONTRACT REFORMATION

Answer 684

1. MISREPRESENTATION
2. MUTUAL MISTAKE
3. UNILATERAL MISTAKE (NONMISTAKEN PARTY KNEW OR SHOULD HAVE KNOWN OF MISTAKE)

Question 685

3

GROUNDS TO SUPPORT AN INVOLUNTARY DISSOLUTION OF A CORPORATION

Answer 685

1. FRAUD, MISUSE
2. CORP ABANDONED FOR OVER A YEAR
3. INTERNAL DEADLOCK PREVENTS CORP FROM BEING AN ADVANTAGE TO SHAREHOLDERS

Question 686

2

HABEUS CORPUS REQUIREMENTS

Answer 686

1. PROOF OF UNLAWFUL DETENTION BY A PREPONDERANCE OF EVIDENCE
2. PETITIONER IS IN CUSTODY

Question 687

1

HATS GO ON YOUR

Answer 687

HEAD

Question 688

3

WHO OR WHAT DOES HEARSAY COMES FROM?

Answer 688

1. SOMEONE OR SOMETHING OUT OF COURT
2. OTHER THAN THE WITNESS TESTIFYING
3. MAKING A STATEMENT OR DECLARATION

Question 689

3

HIGH LEVEL EMPLOYEES AND EMBEZZLEMENT

Answer 689

1. PROEPRTY TRESPASSORILY TAKEN FROM HIGH LEVEL EMPLOYEES ENTRUSTED WITH CUSTODY IS GENERALLY EMBEZZLEMENT
2. UNLESS EMPLOYEE ACHIEVES POSSESSION BY MISREPRESENTATION
3. MAKING THE CRIME LARCENY BY TRICK.

Question 690

3

HOLDOVER TENANT IS CREATED BY AFTER LEASE TERMINATION WHERE

Answer 690

1. TENANT STILL TENDERS RENT
2. LANDLORD ACCEPTS RENT
3. MOST JX IMPLY PERIODIC TENANCY W/TIME PERIOD OF PREVIOUSLY EXPIRED LEASE

Question 691

1

HOLGRAPHIC WILL

Answer 691

1. SIGNATURE AND AT LEAST MATERIAL PROVISIONS IN TESTATOR’S HANDWRITING

Question 692

2

HOLOGRAPHIC WILL - CAUSES OF INVALIDITY WHERE INCONSISTENCIES

Answer 692

1. MISSING DATE
2. DOUBT AS TO WHETHER OR NOT ANOTHER WILL CONTROLS

Question 693

3

HONORARY TRUST

Answer 693

1. TYPICALLY INVALID BECAUSE HAS NO BENFICIARY OR CHARITABLE PURPOSE
2. ALLOWED WHERE FOR CARE OF PETS OR BURIAL PLOTS
3. WHEN PET DIES, FUNDS GO TO RESULTING TRUST

Question 694

1

GELATIN

Answer 694

1. IS MADE FROM HORSES

Question 695

1

HOW LONG DOES A SUSPECT’S INVOKED MIRANDA RIGHT TO COUNSEL LAST?

Answer 695

1. UNTIL SUFFICIENT BREAK IN POLICE CUSTODY (14 DAYS)

Question 696

2

HOW MANY A LAWYER GAIN SUFFICIENT COMPETENCY?

Answer 696

1. ASSOCIATING W/LAYWER REASONABLY BELIEVED TO BE COMPETENT
2. ACQUIRING SUFFICIENT LEARNING AND SKILL BEFORE PEROFRMANCE W/OUT UNDUE EXPENSE OR DELAY

Question 697

2

CHEESE IS

Answer 697

1. GOOD
2. WORTHWHILE

Question 698

1

IF A SUSPECT ASKS TO HAVE COUNSEL PRESENT AT ANY OTHER TIME THAN AFTER A MIRANDA WARNING, HE IS INVOKING

Answer 698

1. HIS SIXTH AMENDMENT RIGHT TO HAVE COUNSEL PRESENT.

Question 699

1

IMPARTIAL JURORS MUST REPRESENT

Answer 699

1. A FAIR CROSS-SECTION OF THE COMMUNITY

Question 700

2

IMPEACHMENT OF A WITNESS WITH UNRELATED, COLLATERAL MATTERS

Answer 700

1. IS NOT PERMITTED
2. NO RELEVANCY

Question 701

1

IMPERFECT SELF-DEFENSE - A DEFENDANT MAY RAISE THE DEFENSE OF AN IMPERFECT SELF-DEFENSE WHERE HE ACTED

Answer 701

1. TO DEFEND HIMSELF BASED ON AN UNREASONABLE BELIEF.

Question 702

1

IMPERFECT SELF-DEFENSE - THE JURY WILL CONSIDER AN UNREASONABLE BELIEF OF SELF-DEFENSE AS

Answer 702

1. A MITIGATING FACTOR

Question 703

2

IMPLEADER

Answer 703

1. DEFENDANT BRINGS IN THIRD PARTY DEFENDANT WITH DERIVATIVE CLAIM
2. SEEKING SUBROGATION, INDEMNITY OR CONTRIBUTION

Question 704

1

CONSPIRACY - MANY JURISDICTION WILL IMPLY EVIDENCE OF AN AGREEMENT TO PARTICIPATE IN A CONSPIRACY

Answer 704

1. BY ACTIONS

Question 705

1

CONSPIRACY - MANY JURISDICTION WILL IMPLY EVIDENCE OF AN AGREEMENT TO PARTICIPATE IN A CONSPIRACY

Answer 705

1. BY ACTIONS

Question 706

2

IMPLIED COVENANT OF QUIET ENJOYMENT IN A LEASE AGREEMENT

Answer 706

1. LANDLORD OR HIS AGENTS WILL NOT INTERFERE
2. WITH THE TENANT’S USE OR ENJOYMENT OF THE PRESMISES

Question 707

2

IMPLIED COVENANTS OF LAND SALE CONTRACT - SELLER PROMISES TO:

Answer 707

1. PROVIDE MARKETABLE TITLE AT THE END OF CLOSING
2. NOT MAKE ANY FALSE STATEMENT OF MATERIAL FACT REGARDING TITLE

Question 708

2

IMPLIED EQUITABLE SERVITUDE - DEFINITION

Answer 708

1. RESTRICTIVE SERVITUDE
2. IMPLIED BY COMMON SCHEME OR DEVELOPMENT.

Question 709

1

IMPLIED EQUITABLE SERVITUDE - ACTUAL NOTICE OCCURS WHERE

Answer 709

1. GRANTEE WAS INFORMED OF THE EXISTENCE OF COVENANTS.

Question 710

1

IMPLIED EQUITABLE SERVITUDE - CONSTRUCTIVE NOTICE

Answer 710

1. A DEED IN GRANTEE’S CHAIN OF TITLE CONTAINED THE SERVITUDE (EVEN IF GRANTEE’S DID NOT).

Question 711

1

IMPLIED EQUITABLE SERVITUDE - INQUIRY NOTICE

Answer 711

1. THE NEIGHBORHOOD CLEARLY CONFORMS TO UNIFORM RESTRICTIONS AND SPECIFICATIONS.

Question 712

1

IMPLIED EQUITABLE SERVITUDE - NOTICE REQUIREMENTS

Answer 712

1. GRANTEE MUST HAVE NOTICE “GENERALLY”

Question 713

T

IMPLIED IN FACT CONTRACTS ARE TYPICALLY CREATED BY

Answer 713

CONDUCT

Question 714

1

IMPLIED MATERIAL CONDITION

Answer 714

1. MATERIAL CONDITION IMPLIED BY THE NATURE OF THE AGREEMENT.

Question 715

2

EFFECT OF THE IMPLIED COVENANT OF GOOD FAITH IN EVERY CONTRACT

Answer 715

1. ALL PARTIES ARE BOUND TO ACT IN GOOD FAITH TO HELP ACHIEVE ALL PARTIES’ EXPECTED BENEFITS OF THE BARGAIN
2. AND NOT PREVENT THESE BENEFITS.

Question 716

1

BUYER SATISFACT AS AN IMPLIED MATERIAL CONDITION OF THE CONTRACT

Answer 716

1. REASONABLY SATISFACTORY PERFORMANCE IS ALWAYS AN IMPLIED MATERIAL CONDITION OF EVERY CONTRACT.

Question 717

1

IMPLIED WAIVER OF MIRANDA

Answer 717

1. UNDER BERGHUIS, SILENCE AND SUBSEQUENT SPEAKING CONSTITUTED A WAIVER OF MIRANDA.

Question 718

2

IMPLIED WARRANTY OF HABITIABILITY

Answer 718

1. IMPLIED IN EVERY RESIDENTIAL LEASE
2. THE PREMISES MUST BE FIT FOR HUMAN HABITATION

Question 719

3

IMPLIED-IN-FACT CONTRACT

Answer 719

1. WHERE ONE PARTY ACTS TO CONVEY A BENEFIT TO ANOTHER PARTY WITH A REASONABLE EXPECTATION OF COMPENSATION
2. THE OTHER PARTY ACCEPTING THE BENEFIT WITH KNOWLEDGE OF THE EXPECTATION
3. THE FACTS WILL IMPLY A LEGALLY BINDING CONTRACT EVEN THOUGH NO FORMAL AGREEMENT EXISTS.

Question 720

1

IN CALIFORNIA, BEST EVIDENCE RULE IS CALLED THE

Answer 720

1. SECONDARY EVIDENCE RULE

Question 721

2

IN CRIMINAL CASES, DEFENDANTS ARE GRANTED A RIGHT TO CONFRONT ADVERSE WITNESSES UNDER THE

Answer 721

1. CONFRONTATION CLAUSE
2. OF THE SIXTH AMENDEMENT

Question 722

2

IN SOME JURISDICTIONS, LIABILITY WILL ARISE FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS FOR

Answer 722

1. NEGLIGENT MISHANDLING OF A CORPSE
2. MISDIAGNOSIS OF HARMFUL CONTAGIOUS DISEASE

Question 723

6

INADEQUATE LEGAL REMEDY FOR FOR INJUNCTIVE RELIEF MAY RESULT FROM

Answer 723

1. INSOLVENT DEFENDANT OR
2. MONEY DAMAGES SPECULATIVE OR
3. MONEY DAMAGES INADEQUATE OR
4. MULTIPLICITY OF POTENTIAL LAWSUITS OR
5. PROSPECTIVE TORT COULD OCCUR OR
6. PROPERTY IS UNIQUE

Question 724

1

INCIDENTAL DAMAGES ARE ONLY AVAILABLE FOR THESE KINDS OF CONTRACTS

Answer 724

1. CONTRACTS FOR THE SALE OF GOODS

Question 725

6

INCIDENTAL DAMAGES FOR BUYERS - EXPENSES REASONABLY INCURRED FOR RIGHTFULLY REJECTED GOODS INCLUDE

Answer 725

1. INSPECITION
2. RECEIPT
3. TRANSPORTATION
4. CARE
5. CUSTODY OF GOODS
6. AND OTHER EXPENSES INCIDENTAL TO SELLER’S BREACH

Question 726

1

NONBREACHING SELLER’S AVAILABLE RECOVERY OF INCIDENTAL DAMAGES UNDER THE UCC

Answer 726

1. NONBREACHING SELLER MAY RECOVER COMMERCIALLY REASONABLE EXPENSES INCURRED BY THE BUYER’S BREACH

Question 727

2

INDIRECT REVOCATION OCCURS WHEN

Answer 727

1. OFFEROR ACTS IN AN WAY INCONSITENT WITH INTENTION TO MAINTAIN OFFER
2. OFFEREE LEARNS ABOVE ACTION FROM RELIABLE SOURCE

Question 728

3

IMPLIED ACTUAL AUTHORITY (AGENCY) CREATED BY

Answer 728

1. CUSTOM
2. PRIOR DEALINGS
3. AGENT’S REASONABLE BELIEF OF AUTHORITY NECESSARY TO ACCOMPLISH EXPRESSLY DIRECTED TASTS

Question 729

6

INHERENTLY DANGEROUS FELONIES AT COMMON LAW

Answer 729

1. BURGLARY
2. ROBBERY
3. RAPE
4. ARSON
5. MAYHEM
6. SODOMY

Question 730

4

DEFINITION OF INJUNCTION

Answer 730

1. DECREE ORDERING A PARTY
2. TO PERFORM
3. OR REFRAIN FROM PERFORMING
4. A CERTAIN ACT

Question 731

1

INJURY FROM ABNORMALLY DANGEROUS ACTIVITY WILL TRIGGER STRICT LIABILITY WHERE THE INJURY

Answer 731

1. WAS CAUSED BY THE ABNORMALLY DANGEROUS PART OF THE ACTIVITY

Question 732

1

INQUIRY NOTICE - TITLE

Answer 732

1. PURCHASER IS POSSESSION OF FACTS THAT WOULD CAUSE A REASONABLE PERSON TO MAKE FURTHER INQUIRY ABOUT CLAIMS ON THE PROPERTY’S TITLE

Question 733

4

INSIDER FOR 10b-5

Answer 733

1. DIRECTOR
2. OFFICER
3. SHAREHOLDER
4. HOLDER OF MATERIAL NONPUBLIC CORPORATE INFORMATION

Question 734

3

INSTALLMENT CONTRACT FOR REAL PROPERTY

Answer 734

1. BUYER MAKES DOWN PAYMENT
2. MAKES SUBSEQUENT INSTALLMENT PAYMENTS
3. IF DEFAULT, SELLER RECOVERS PROPERTY AND KEEPS PAYMENTS MADE

Question 735

3

INSTALLMENT CONTRACT

Answer 735

1. A CONTRACT FOR A SERIES OF SEPARATE SHIPMENTS OF GOODS PAID BY CORRESPONDING SEPARATE PAYMENTS
2. ANY NON-CONFORMING SHIPMENT WILL NOT AMOUNT TO BREACH
3. UNLESS IT SUBSTANTIALLY IMPAIRS THE TOTAL VALUE OF THE CONTRACT.

Question 736

3

INSULTING LANGUAGE MAY QUALIFY FOR OUTRAGEOUS CONDUCT WHERE THE INSULTOR IS

Answer 736

1. INNKEEPER OR COMMON CARRIER
2. DEFENDANT KNOWS OF PLAITNIFF’S PARTICULAR SENSITIVITY
3. DEFENDANT IS IN POSITION OF AUTHORITY AND USES RACIAL SLURS AGAINST HIS SUBORDINATE

Question 737

2

INTEGRATION OF DOCUMENTS INTO WILL - REQUIREMENTS

Answer 737

1. DOCUMENTS WERE PRESENT AT THE TIME TESTATOR EXECUTED WILL AND
2. TESTATOR INTENDED THEM TO BE PART OF HIS WILL

Question 738

2

EXTENDED CONSEQUENCES RULE - DEFENDANTS WHO COMMIT INTENTIONAL TORTS ARE RESPONSIBLE FOR

Answer 738

1. ALL CONSEQUENCES FLOWING FROM AN INTENTIONAL TORT
2. WHETHER FORESEEABLE OR NOT

Question 739

2

INTER VIVOS DISPOSAL OF PROPERTY THROUGH POUR OVER REQUIREMENT - TRUST MUST BE

Answer 739

1. CLEARLY IDENTIFIED IN THE WILL
2. EXECUTED BEFORE/CONCURRENTLY WITH THE WILL

Question 740

2

INTER VIVOS TRUST - POUR OVER TO WILL - TRUST MAY BE

Answer 740

1. AMENDED OR REVOKED AFTER EXECUTION OF THE WILL
2. UNFUNDED DURING GRANTOR’S LIFETIME

Question 741

3

UNDER THE INTERMEDIATE REVIEW STANDARD FOR CONTENT NEUTRAL SPEECH, THE REGULATION MUST BE

Answer 741

1. NARROWLY TAILORED
2. TO SERVE AN IMPORTANT GOVERNMENT INTEREST
3. LEAVING ALTERNATIVE CHANNELS OF COMMUNICATION OPEN FOR SPEECH

Question 742

2

INTERPLEADER ELEMENTS

Answer 742

1. EQUITABLE ACTION WHERE STAKEHOLDER HAS COURT DETERMINE RIVAL CLAIMAINTS RIGHT TO STAKE
2. RELIEVING THE STAKEHOLDER OF MULTIPLE LIABILITIES TO CLAIMAINTS

Question 743

2

INTERROGATION OCCURS WHEN POLICE USE

Answer 743

1. WORDS OR ACTIONS
2. REASONABLY LIKELY TO ELLICIT INCRIMINATING RESPONSES

Question 744

2

INTERVENTION OF RIGHT - INTERVENOR HAS INHERIT RIGHT TO PARTICIPATE WHERE

Answer 744

1. PARTY HAS PROPERTY OR TRANSACTION THAT IS THE SUBJECT OF THE INSTANT CASE
2. PARTY SHOWS HER INTERESTS ARE NOT PRESENTLY REPRESENTED IN LAWSUIT

Question 745

10

INTESTATE SUCCESION ORDER IF NO SS, OR AFTER SS TAKES SHARE

Answer 745

1. ISSUE
2. PARENTS, IF NO ISSUE
3. SIBLINGS
4. GRANDPARENTS
5. AUNTS AND UNCLES
6. STEPCHILDREN
7. NEXT OF KIND
8. PARENTS OF PREDECEASED SPOUSE
9. SIBLINGS OF PREDECEASED SPOUSE
10. ESCHEAT TO STATE

Question 746

3

INTESTATE SUCCESSION - SEPARATE PROPERTY

Answer 746

1. IF ONLY SPOUSE SURVIVING - SPOUSE TAKES ALL
2. IF ONE CHILD, OR SIBLING, OR PARENT - SPOUSE TAKES HALF
3. IF MULTIPLE CHILDREN OR SIBLINGS, SPOUSE TAKES 1/3

Question 747

2

INTRO SENTENCE - LANDLORD/TENANT QUESTIONS

Answer 747

1. IN ORDER TO DETERMINE THE RIGHTS AND OBLIGATIONS OF THE PARTIES,
2. WE MUST FIRST DETERMINE EACH PARTY’S INTEREST IN THE PROPERTY.

Question 748

4

TRUST IS INVALIDATED WHERE IT IS PROCURRED BY

Answer 748

1. DURESS
2. FRAUD
3. MENACE
4. UNDUE INFLUENCE

Question 749

4

INVASION OF PRIVACY TORTS

Answer 749

1. INTRUSTION INTO SECLUSION
2. PUBLIC DISCLOSURE OF PRIVATE FACTS
3. FALSE LIGHT PUBLICITY
4. APPROPRIATION OF NAME OR LIKENESS

Question 750

2

AN INVITATION TO NEGOTIATE LACKS

Answer 750

1. PRESENT CONTRACTUAL INTENT
2. CERTAIN TERMS LEADING A REASONABLE PERSON TO CONCLUDE ASSENT WOULD FORM A BARGAIN

Question 751

2

INVOLUNTARY DISMISSAL MAY BE ORDERED BY THE COURT FOR

Answer 751

1. FAILURE TO PROSECUTE
2. FAILURE TO COMPLY WITH A COURT ORDER

Question 752

3

INVOLUNTARY DISSOLUTION MAY BE INITIATED BY

Answer 752

1. SHAREHOLDER(S) WITH 33 PERCENT OR MORE SHARES
2. OVER 50 PERCENT VOTE OF BOD
3. ATTORNEY GENERAL

Question 753

4

INVOLUNTARY MANSLAUGHTER IS

Answer 753

1. A CRIMINAL, UNINTENDED HOMICIDE
2. RESULTING FROM CRIMINAL NEGLIGENCE
3. OR RECKLESSNESS
4. OR THE COMMISSION OF A MALUM IN SE CRIME INSUFFICIENT TO SUPPORT A CHARGE OF FELONY MURDER.

Question 754

3

IRRESISTIBLE IMPULSE TEST

Answer 754

1. SOME JURISDICTIONS ADD IRRESISTIBLE IMPULSE TEST TO M’NAUGHTEN
2. WHERE MENTAL DISEASE OR DEFECT MADE DEFENDANT INCAPABLE OF CONTROLLING HIS ACTIONS
3. EVEN WHERE HE COULD DISTINGUISH RIGHT FROM WRONG.

Question 755

4

ISSUES THAT ARE PER SE SUBSTANTIVE

Answer 755

1. ELEMENTS OF CLAIM OR DEFENSE
2. CHOICE/CONFLICT OF LAW
3. STATUTE OF LIMITATIONS
4. TOLLING STATUTE OF LIMITATIONS

Question 756

2

JEOPARDY ATTACHES WHEN

Answer 756

1. JURY TRIAL - JURY EMPANELED AND SWORN IN.
2. BENCH TRIAL - FIRST WITNESS SWORN IN.

Question 757

3

JOINING A CONSPIRACY ALREADY IN PROGRESS

Answer 757

1. WHERE DEFENDANT JOINS AN ALREADY IN PROGRESS CONSPIRACY
2. MOST COURTS WILL HOLD DEFENDANT NOT LIABLE FOR PRIOR CRIMES OF CO-CONSPIRATORS
3. UNLESS DEFENDANT SEEKS TO BENEFIT FROM THOSE PRIOR CRIMES.

Question 758

1

JOINT AND SEVERAL LIABILITY AND U.S. SUPREME COURT RULING ON JOINDER - POTENTIAL DEFENDANT WHO MAY BE JOINTLY AND SEVERALLY LIABLE - IS NOT

Answer 758

1. A NECESSARY PARTY WHO MUST BE JOINED.

Question 759

1

JOINT AND SEVERAL LIABILITY IS USED WHERE

Answer 759

1. THERE ARE MULTIPLE DEFENDANTS

Question 760

2

JOINT CLIENTS - CAN’T REPRESENT WHERE CONCURRENT COI UNLESS

Answer 760

1. WRITTEN CONSENT FROM BOTH CLIENTS
2. LAWYER BELIEVES HE CAN COMPETENTLY REPRESENT BOTH CLIENTS

Question 761

2

CAN TRACING OVERCOME JOINT TITLE?

Answer 761

1. TRACING CAN’T OVERCOME CP PRESUMPTION FOR TITLE TAKEN JOINTLY
2. TRACING CAN OVERCOME CP PRESUMPTION ON A BANK ACCOUNT BECAUSE PROBATE CODE HONORS TRACING

Question 762

2

JUDGMENT AS A MATTER OF LAW - FEDERAL

Answer 762

1. AT TRIAL
2. AFTER OPPOSING SIDE HAS PRESENTED ITS CASE
3. OTHER SIDE FILES JMOL MOTION
4. ARGUING INSUFFFICIENT EVIDENCE
5. TO ALLOW REASONABLE PEOPLE TO AGREE WITH OPPOSING SIDE’S CASE

Question 763

5

JUDICIAL POWERS - FEDERAL COURTS HAVE POWER TO REVIEW CASES

Answer 763

1. BETWEEN TWO STATES
2. BETWEEN CITIZENS OF DIFFERENT STATES
3. BETWEEN STATES AND FOREIGN ENTITIES
4. INVOLVING ADMIRALTY
5. INVOLVING FEDERAL LAWS OR U.S. CONSTITUTION

Question 764

1

JUDICIAL POWERS - SUPREME COURT WON’T HEAR A CASE WHERE THERE WERE THESE TYPE OF GROUNDS FOR THE STATE COURT DECISION.

Answer 764

1. ADEQUATE
2. INDEPENDENT

Question 765

2

JUDICIAL TREATMENT OF PUTATIVE SPOUSE - JURISDICITONAL SPLIT

Answer 765

1. 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)
2. SOME JURISDICTIONS WILL TREAT ONLY THE SPOUSE WITH THE GOOD FAITH BELIEF OF THE MARRIAGE’S VALIDITY AS THE PUTATIVE SPOUSE

Question 766

2

JUDICIAL EFFECTS OF FINDING NO VIOLATION OF THE BUSINESS JUDGMENT RULE

Answer 766

1. COURT WILL NOT FIND BUSINESS ACTORS PERSONALLY LIABLE
2. COURT WILL NOT INTERVENE IN BUSINESS MANAGEMENT DECISIONS

Question 767

1

KEEPIGN UNEARNED RETAINER FEES

Answer 767

1. ATTORNEY MAY NOT KEEP UNEARNED RETAINER FEES

Question 768

2

KEY DIFFERENCE BETWEEN AN EQUITABLE SERVITUDE AND A REAL COVENANANT

Answer 768

1. SERVITUDE IS DESIGNED TO CREATE AN INJUNCTION TO ENFORCE THE SERVITUDE
2. REAL COVENANT IS DESIGNED TO CREATE AN AWARD OF MONEY DAMAGES FOR ITS BREACH

Question 769

4

KILLERS OF TESTATORS

Answer 769

1. CAN’T TAKE BY WILL
2. CAN’T TAKE BY INTESTATE SUCCESSION
3. TREATED AS PREDECEASING TESTATOR
4. NO ANTI-LAPSE TRIGGERED

Question 770

3

A TRUSTEE MAY USE THE DEFENSE OF LACHES WHERE A BENEFICIARY

Answer 770

1. DELAYED MAKING A CLAIM ON TRUST PROPERTY
2. CAUSING PREJUDICE TO TRUSTEE OR OTHER BENEFICIARIES

Question 771

1

LAND SALE CONTRACT

Answer 771

1. CONTRACT CONVEYING AN INTEREST IN REAL PROPERTY

Question 772

2

LANDLORD ELECTION FOR TENANCY AT SUFFERANCE

Answer 772

1. LANDLORD MAY EVICT TENANT
2. OR LANDLORD MAY HOLDOVER TENANT FOR PERIODIC TENANCY

Question 773

4

LANDLORD/TENANT QUESTION - EXPRESS REAL COVENANT LANGUAGE

Answer 773

1. NOTICE
2. INTENT
3. TOUCH AND CONCERN THE LAND
4. PRIVITY

Question 774

4

LANDLORD/TENANT QUESTIONS - ORDER OF LANDLORD STRING

Answer 774

1. RELATIONSHIP BETWEEN SUCCESSIVE LANDLORDS
2. DEEDS OF TRANSFER
3. PRIVITY BETWEEN CURRENT LANDLORD AND TENANT
4. DUTIES OWED

Question 775

4

LANDLORD/TENANT QUESTIONS/DEFENSES TO PAY RENT

Answer 775

1. IMPLIED COVENANT OF QUIET ENJOYMENT
2. CONSTRUCTIVE EVICTION
3. IMPLIED WARRANTY OF HABITABILITY
4. BREACH OF EXPRESS REAL COVENANT

Question 776

5

LANDLORD/TENANT QUESTIONS/ORDER OF ESSAY APPROACH

Answer 776

1. INTRO SENTENCE
2. TENANT STRING
3. LANDLORD STRING
4. DEFENSES TO PAYMENT OF RENT
5. EXPRESS REAL COVENANTS (IF APPLICABLE)

Question 777

4

LAPSE (BENEFICIARY DEATH)

Answer 777

1. BENEFICIARY PREDECEASES TESTATOR
2. GIFT TO BENEFICARY LAPSES AND FALLS INTO RESIDUE
3. OR DISTRIBUTED VIA INTESTATE SUCCESSION
4. AT COMMON LAW AND MINORITY OF JURISDICTIONS

Question 778

1

LAPSE EFFECT ON CLASS GIFT

Answer 778

1. AT COMMON LAW, LAPSED SHARE WOULD BE DIVIDED AMONG REMAINING BENEFICIARIES

Question 779

3

LARCENY

Answer 779

1. LARCENY IS SPECIFIC INTENT CRIME
2. WHERE DEFENDANT TRESPASSORILY TAKES AND CARRIES AWAY THE POSSESSORY PROPERTY OF VICTIM
3. WITH THE INTENT TO PERMENENTLY DEPRIVE THE VICTIM OF HIS POSSESSORY INTEREST IN THE SAME.

Question 780

4

LARCENY BY TRICK IS THE CRIME OF

Answer 780

1. KNOWINGLY USING A FALSE PROMISE OR STATEMENT
2. WITH THE SPECIFIC INTENT OF INDUCING VICTIM TO GIVE DEFENDANT POSSESSION OF VICTIM’S PERSONAL PROPERTY
3. TO PERMANENTLY DEPRIVE VICTIM OF HIS POSSESSORY INTEREST IN THE SAME.

Question 781

2

LAWS AGAINST DISCRIMINATORY GROUPS ARE OK UNLESS

Answer 781

1. INTERFERENCE W/INTIMATE ASSOCIATIONS
2. INTERFERENCE WITH EXPRESSIVE ACTIVITY

Question 782

2

ABA - LAWYERS ARE NOT ALLOWED TO MAKE LOANS IN CONNECTION W/LITIGATION EXCEPT ADVANCING LITIGATION COSTS FOR

Answer 782

1. CONTINGENCY CASE
2. CASE W/ INDIGENT CLIENT

Question 783

2

LEGAL RELEVANCE - EVIDENCE IS LEGALLY RELEVANT WHERE ITS

Answer 783

1. PROBATIVE VALUE
2. OUTWEIGHS PREJUDICAL EFFECT

Question 784

3

LEGAL RESTITUTION IS AWARDED WHERE

Answer 784

1. DEFENDANT WAS UNJUSTLY ENRICHED
2. JUSTICE DEMANDS PLAINTIFF IS COMPENSATED FOR DEFENDANT’S ENRICHMENT
3. OR PLAINTIFF WANTS HIS PROPERTY BACK

Question 785

3

LEMON TEST (SEX) - A LAW MUST HAVE

Answer 785

1. A SECULAR PURPOSE
2. A PRIMARY EFFECT THAT DOESN’T PROMOTE OR INHIBIT RELIGION
3. NO EXCESSIVE ENTANGLEMENT OF GOVT WITH RELIGION

Question 786

3

LIABILITY ARISES FOR NEGLIGENT MISREPRESENTATION WHERE DEFENDANT

Answer 786

1. HAS FINANCIAL OR PROFESSIONAL DUTY TO PLAINTIFF
2. MAKES REPRESENTATION OF MATERIAL FACT WITH NO REASONABLE GROUNDS FOR BELIEF OF TRUTH
3. DAMAGING PLAINTIFF WHO REASONABLY RELIES ON REPRESENTATION

Question 787

3

LIABILITY ARISES UNDER RESPONDEAT SUPERIOR OUTSIDE OF SCOPE OF EMPLOYMENT WHERE

Answer 787

1. JOB ENTAILS USE OF FORCE
2. EMPLOYER AUTHORIZE CONDUCT
3. CONDUCT MOTIVATED BY DESIRE TO BENEFIT EMPLOYER

Question 788

3

LIABILITY FOR BREACH OF IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE ARISES WHERE DEFENDANT

Answer 788

1. IS ANY SELLER OF THE GOODS
2. WHO KNOWS OR SHOULD KNOW THE PARTICULAR INTENDED PURPOSE OF THE GOODS
3. BUYER RELIES ON SELLER’S SKILLS AND JUDGMENT IN SELECTION OF GOODS.

Question 789

3

LIABILITY FOR BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY ARISES WHERE DEFENDANT IS

Answer 789

1. MERCHANT SPECIALIZING IN THE TYPE OF GOODS SOLD
2. GOODS ARE NOT OF THE AVERAGE ACCEPTABLE QUALITY
3. OR NOT FIT FOR GENERAL INTENDED PURPOSE OF GOODS

Question 790

2

LIABILITY FOR CONVERSION ARISES WHERE DEFENDANT

Answer 790

1. INTENTIONALLY AND SUBSTANTIALLY INTERFERED WITH PLAINTIFF’S CHATTEL
2. CAUSING DISPOSSESSION

Question 791

2

LIABILITY FOR FALSE IMPRISONMENT ARISES WHERE DEFENDANT

Answer 791

1. INTENTIONALLY CONFINES PLAINTIFF TO A FIXED SPACE
2. WITH PLAINTIFF’S AWARENESS OF CONFINEMENT

Question 792

3

LIABILITY FOR FALSE LIGHT TORT ARISES WHERE DEFENDANT

Answer 792

1. PUBLISHES OFFENSIVE FALSE INFORMATION ABOUT PLAINTIFF
2. TO PUBLIC AT LARGE
3. CAUSING PLAINTIFF HUMILIATION OR EMBARASSMENT

Question 793

3

LIABILITY FOR FRAUD ARISES WHERE DEFENDANT

Answer 793

1. INTENTIONALLY MAKES FALSE REPRESENTATION OF MATERIAL FACT
2. WITH SCIENTER
3. INJURING PLAINTIFF ACTING IN REASONABLE RELIANCE ON REPRESENTATION

Question 794

1

WHERE IMPROVED LAND COLLAPSES, TO ESTABLISH LIABILITY OF EXCAVATOR, PLAINTIFF MUST SHOW

Answer 794

1. EXCAVATOR WAS NEGLIGENT.

Question 795

2

DEFENDANT HAS VICARIOUS LIABILITY FOR THE TORTS OF INDEPENDENT CONTRACTORS ARISES WHERE

Answer 795

TORTS WERE BREACH OF AN AFFIRMATIVE NON-DELEGABLE DUTY

CREATED BY STATUTE OR RELATIONSHIP

Question 796

5

LIABILITY FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS ARISES WHERE DEFENDANT

Answer 796

1. INTENTIONALLY ACTS IN AN EXTREME OUTRAGEOUS MANNER
2. INTENDING TO CAUSE
3. OR WITH RECKLESS DISREGARD OF THE PROBABLITY OF CAUSING
4. EXTREME EMOTIONAL DISTRESS
5. CAUSING PLAINTIFF EXTREME EMOTIONAL DISTRESS

Question 797

3

LIABILITY FOR INTERFERENCE WITH CONTRACT ARISES WHERE DEFENDANT

Answer 797

1. KNEW CONTRACT EXISTED BETWEEN PLAINTIFF AND THIRD PARTY
2. INTENTIONALLY PREVENTS OR DISRUPTED PERFORMANCE OF CONTRACT
3. WAS A SUBSTANTIAL FACTOR IN PLAINTIFF’S RESULTING HARM

Question 798

4

LIABILITY FOR INTRUSION ARISES WHERE DEFENDANT

Answer 798

1. INTENTIONALLY INTRUDED
2. IN MANNER OFFENSIVE TO REASONABLE PERSON
3. INTO PLACE WHERE PLAINTIFF’S HAD A REASONABLE EXPECTATION OF PRIVACY
4. HARMING PLAINTIFF

Question 799

2

VICARIOUS LIABILITY FOR JOINT ENTERPRISES ARISES WHERE PARTIES

Answer 799

1. AGREE TO WORK TOGETHER FOR MUTUAL BENEFIT
2. SHARING EQUAL CONTROL OVER JOINT ENTERPRISE’S ASSETS AND ACTIVITIES

Question 800

3

LIABILITY FOR MALICIOUS PROSECUTION ARISES WHERE DEFENDANT

Answer 800

1. INSTITUTES OR CONTINUES CRIMINAL PROSECUTION OF PLAINTIFF
2. OUT OF MALICE
3. CASE IS TERMINATED FOR LACK OF PROBABLE CAUSE

Question 801

4

LIABILITY FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS IS FOUND WHERE DEFENDANT

Answer 801

1. WAS NEGLIGENT
2. BYSTANDER’S PROXIMITY TO TIME AND PLACE OF NEGLIGENT ACT
3. (MANY JURISDICTIONS REQUIRE) PROXIMITY OF RELATIONSHIP TO VICTIM
4. CAUSED PLAINTIFF TO SUFFER EXTREME EMOTIONAL DISTRESS

Question 802

3

LIABILITY FOR NEGLIGENCE PER SE ARISES WHERE DEFENDANT

Answer 802

1. BREACHES A DUTY CREATED BY STATUTE
2. STATUE ENACTED TO PROECT GROUP OF PEOPLE OF WHICH PLAINTIFF IS A MEMBER
3. STATUTE TO CREATED TO PREVENT TYPE OF INJURY PLAINTIFF SUFFERED

Question 803

2

LIABILITY OF INCOMING PARTNERS

Answer 803

1. NEW PARTNERS ARE NOT LIABLE FOR OLD DEBTS
2. NEW PARTNER’S CAPITAL INVESTMENT CAN BE USED TO PAY FOR OLD DEBTS

Question 804

1

LIABILITY OF NEW TENANT WITH ASSIGNED LEASE TO LANDLORD

Answer 804

1. NEW TENANT IS RESPONSIBLE TO LANDLORD FOR RENTAL PAYMENTS DUE TO PRIVITY OF ESTATE

Question 805

1

LIABILITY OF NEW TENANT TO LANDLORD FOR SUBLEASE RENTAL PAYMENTS

Answer 805

1. NEW TENANT IS NOT LIABLE TO LANDLORD FOR SUBLEASE RENTAL PAYMENTS BECAUSE NO PRIVITY OF ESTATE.

Question 806

2

LIABILITY OF OLD TENANT FOR ASSIGNED LEASE

Answer 806

1. OLD TENANT IS STILL LIABLE TO LANDLORD FOR PAYMENT OF RENT BECAUSE OF PRIVITY OF CONTRACT.
2. UNLESS LANDLORD SIGNS A NOVATION.

Question 807

1

LIABILITY OF OLD TENANT TO LANDLORD FOR RENTAL PAYMENTS IN A SUBLEASE

Answer 807

1. OLD TENANT IS STILL LIABLE TO LANDLORD FOR RENTAL PAYMENTS BECAUSE OF PRIVITY OF CONTRACT.

Question 808

1

LIABILITY OF OUTGOING PARTNERS

Answer 808

1. OUTGOING PARTNERS ARE LIABLE FOR PRE-DISASSOCIATION DEBT

Question 809

2

LIABILITY OF PARTNERS IN A LLP

Answer 809

1. NO PERSONAL LIABILITY FOR PARTNERSHIP DEBTS
2. PERSONAL LIABILITY WILL ARISE FOR PERSONAL WRONGDOING

Question 810

4

TIRIGGERS OF LIABILITY OF PROMOTER UNDER A BREACH OF WARRANTY THEORY

Answer 810

1. HE WILL ACT TO FORM A CORP
2. HE HAS ACTED TO FORM A CORP
3. THAT A CORPORATION EXISTS
4. THAT PROMOTER HAS RIGHT TO REPRESENT CORP

Question 811

5

LIABILITY RESULTING FROM TRESPASS TO CHATTELS - DEFENDANT IS LIABLE FOR

Answer 811

1. ACTUAL DAMAGES CAUSED
2. MEASURED BY REPAIR COSTS
3. TEMPORARY REPLACEMENT RENTAL FEES
4. LOST RENTAL REVENUE
5. (TYPICALLY MAY NOT EXCEED CHATTEL’S VALUE)

Question 812

1

LIABILITY UNDER RESPONDEAT SUPERIOR ARISES WHERE

Answer 812

1. TORT WAS COMMITTED IN THE SCOPE OF EMPLOYMENT

Question 813

4

LIABLITY ARISES FOR NEGLIGENT SUPERVISION WHERE DEFENDANT IS

Answer 813

1. GUARDIAN OF A MINOR
2. WITH AWARENESS OF MINOR’S TENDENCY TO CREATE AN UNREASONABLE RISK OF HARM TO OTHERS
3. AND OPPORTUNITY TO CONTROL THE TENDENCY
4. CAUSING PLAINTIFF INJURY

Question 814

1

LIABLITY IS CREATED BY AGENT’S USE OF ACTUAL IMPLIED AUTHORITY WHEN

Answer 814

1. THIRD PARTY REASONABLY RELIES ON IMPLICATION

Question 815

1

LIBEL/DEFAMATION

Answer 815

1. A WRITTEN OR RECORDED FALSE STATEMENT OF MATERIAL FACT PUBLISHED TO A THIRD PARTY

Question 816

2

LICENSE

Answer 816

1. RIGHT TO USE LICENSOR’S LAND FOR A SPECIFIC PURPOSE
2. LICENSOR MAY REVOKE AT WILL

Question 817

5

LIFE ESTATE - OTF2C

Answer 817

1. OWNERSHIP - FOR THE STATED LIFE OF A PERSON.
2. TRANSFERABILITY - ALIENABLE, DEVISABLE, DESCENDIBLE, SUBJECT TO THE DURATION OF THE LIFETIME.
3. FUTURE INTEREST GRANTOR OWNS - REVERSION (IF HELD BY GRANTOR.)
4. FUTURE INTEREST THIRD PARTY OWNS - REMAINDER (IF HELD BY THIRD PARTY)
5. CREATED BY - WORDS OF IDENTIFICATION

Question 818

1

LIFE ESTATE PER AUTRE VIE

Answer 818

1. LASTS FOR THE LIFETIME OF AN IDENTIFIED THIRD PERSON

Question 819

2

“LIFE IN BEING”

Answer 819

1. AN ASCERTAINABLE INDIVUAL
2. MADE SPECIFICALLY IDENTIFIABLE BY LANGUAGE OF CONDITION

Question 820

2

LIMITATION ON FEE AMOUNTS - ATTORNEY FEES MUST NOT BE

Answer 820

1. ABA - UNREASONABLE
2. CA- UNCONSCIONABLE

Question 821

7

LIMITATIONS ON INDIVIDUAL RIGHTS IN A GRAND JURY INDICTMENT

Answer 821

1. ILLEGALLY SEIZED EVIDENCE OK
2. HEARSAY EVIDENCE OK
3. NO PROBABLE CAUSE OK
4. NO RIGHT TO COUNSEL
5. NO RIGHT TO BE PRESENT
6. NO RIGHT TO PRESENT EVIDENCE
7. NO RIGHT TO CONFRONT WITNESSES

Question 822

2

LIMITATIONS ON RELEVANCE

Answer 822

1. DISCRETIONARY EXCLUSION
2. PUBLIC POLICY EXCLUSIONS

Question 823

3

STRUCTURE OF

LIMITED PARTNERSHIP

Answer 823

1. TWO TIERED PARTNERSHIP STRUCTURE
2. AT LEAST ONE GENERAL PARTNER
3. AT LEAST ONE LIMITED PARTNER

Question 824

2

LIMITS ON ATTORNEY SERVING ON CLIENT’S BOARD OF DIRECTORS

Answer 824

1. NO EXPRESS LIMITS ON BOARD SERVICE FOR REPRESENTED CORPORATION
2. WATCH FOR PROBLEMS WITH DUTIES OF CONFIDENTIALITY AND LOYALTY

Question 825

1

LIQUIDATED DAMAGES ARE AGREED TO BY

Answer 825

1. STIPULATION IN THE CONTRACT

Question 826

3

LEGAL RESITUTION FOR BREACH OF CONTRACT AWARDED WHERE

Answer 826

1. DEFENDANT DERIVED BENEFIT FROM PLAINTIFF
2. JUSTICE DEMANDS PLAINTIFF BE COMPENSATED FOR BENEFIT
3. OR PLAINTIFF WANTS HER PROPERTY BACK

Question 827

3

REQUIREMENTS FOR AN AWARD OF LIQUIDATED DAMAGES PURSUANT TO A LIQUIDATED DAMAGES CLAUSE

Answer 827

1. DAMAGES WERE UNCLEAR AT THE TIME OF CONTRACTING
2. AMOUNT OF DAMAGES CONTEMPLATED WAS REASONABLE
3. AND REMAINS A REASONABLE REMEDY TO THE BREACH

Question 828

3

LLC - LIMITED LIABILITY COMPANY

Answer 828

1. A BUSINESS ENTITY
2. WITH THE LIMITED LIABILITY OF A CORPORATION
3. AND THE TAX ADVANTAGES OF A PARTNERSHIP

Question 829

3

LOGICAL RELEVANCE - EVIDENCE IS LOGICALLY RELEVANT WHERE IT

Answer 829

1. TENDS TO MAKE THE EXISTENCE OF ANY FACT OF CONSEQUENCE
2. MORE OR LESS PROBABLE
3. THAN IT WOULD BE WITHOUT THE EVIDENCE

Question 830

1

WHAT IS A “LOST VOLUME SELLER”?

Answer 830

1. A SELLER WHO IS DENIED MULTIPLE SALES AND PROFIT BY A BREACHING BUYER

Question 831

4

LOW LEVEL EMPLOYEE EMBEZZLEMENT

Answer 831

1. PROPERTY TRESPASSORILY TAKEN BY LOW LEVEL EMPLOYESS ENTRUSTED WITH CUSTODY IS GENERALLY LARCENY
2. UNLESS PROPERTY WAS GIVEN TO THE EMPLOYEE BY A THIRD PARTY
3. BEFORE EMPLOYEE FORMS INTENT TO STEAL
4. THIS CRIME IS EMBEZZLEMENT.

Question 832

2

LOWEST INTERMEDIATE BALANCE RULE -

INVESTOR AND SPENDER FICTION

Answer 832

1. INVESTOR FICTION - DEFENDANT INVESTS HIS OWN MONEY FIRST
2. SPENDER FICTION - DEFENDANT SPENDS HIS OWN MONEY FIRST

Question 833

2

LUCAS AND ANTI-LUCAS - DEATH VS. DIVORCE

Answer 833

1. LUCAS APPLIES FOR DEATH
2. ANTI-LUCAS APPLIES TO DIVORCE

Question 834

3

UNDER THE M’NAUGHTEN RULE, THE DEFENDANT MAY RAISE THE DEFENSE OF INSANITY WHERE

Answer 834

1. DUE TO DISEASE OR DEFECT OF MIND
2. HE LACKED ABILITY TO RECOGNIZE THE NATURE OR QUALITY OF HIS ACTIONS
3. OR THAT HIS ACTIONS WERE WRONG.

Question 835

2

MAGISTRATE ISSUING SEARCH/ARREST WARRANT REQUIREMENTS

Answer 835

1. NEUTRAL
2. DETACHED FROM CASE

Question 836

3

MAILBOX RULE - RESULT WHEN OFFEROR RECEIVES A REJECTION WITHOUT KNOWLEDGE OF DISPATCHED ACCEPTANCE

Answer 836

1. IF OFFEROR CHANGED POSITION IN RELIANCE ON REJECTION
2. WITHOUT KNOWLEDGE OF DISPATCHED ACCEPTANCE
3. REJECTION IS BINDING.

Question 837

3

ACCEPTANCE UNDER THE MAILBOX RULE

Answer 837

1. UNDER THE MAILBOX RULE, ACCEPTANCE IS EFFEECTIVE UPON DISPATCH
2. WHERE MADE IN THE MANNER SPECIFIED IN THE OFFER
3. 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.

Question 838

1

MAILBOX RULE REJECTION

Answer 838

1. REJECTION IS EFFECTIVE UPON RECEIPT

Question 839

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?

Answer 839

PROMISSORY ESTOPPEL

Question 840

4

MALICE FOR MURDER IS THE INTENT TO

Answer 840

1. TO KILL
2. COMMIT SERIOUS BODILY INJURY
3. COMMIT AN INHERENTLY DANGEROUS FELONY (FELONY MURDER RULE)
4. CREATE EXTREME RISK TO HUMAN LIFE WITH AN AWARENESS AND CONSCIOUS DISREGARD FOR THAT RISK (DEPRAVED HEART MURDER).

Question 841

1

MALICIOUS MISCHIEF

Answer 841

1. MALICIOUS MISCHIEF IS THE WILLFUL OR WANTON DESTRUCTION OF VICTIM’S PROPERTY.

Question 842

1

MALUM IN SE CRIME

Answer 842

1. A MALUM IN SE CRIME INVOLVES MORAL TURPITUDE.

Question 843

1

SPOUSE OWNERSHIP AND DISPOSITION - PERSONAL PROPERTY

Answer 843

1. BELONGS EQUALLY TO EACH SPOUSE

Question 844

2

MANDATORY DISMISSAL IN CALIFORNIA

Answer 844

1. WHERE CASE IS NOT BROUGHT TO TRIAL W/IN FIVE YEARS
2. WHERE CASE HAS NOT BEEN SERVED W/IN TWO YEARS OF FILING

Question 845

4

MANDATORY WITHDRAWAL TRIGGERS

Answer 845

1. PHYSICAL OR MENTAL CONDITION MAKES MATERIALLY IMPAIRS REPRESENTATION
2. REPRESENTATION WILL RESULT IN VIOLATION OF RULES OR LAW
3. CLIENT DISCHARGES ATTORNEY
4. CA - CLIENT WANTS TO PURSUE FRIVOLOUS LAWSUIT

Question 846

2

MANIFESTATIONS OF GRANTOR’S INTENT TO MAKE DEED PRESENTLY EFFECTIVE

Answer 846

1. RECORDING OF DEED
2. GRANTOR GIVES GRANTEE DEED

Question 847

3

MANIFESTATIONS OF INTENT TO CREATE TRUST

Answer 847

1. WRITING
2. VERBAL COMMUNCATION
3. CONDUCT

Question 848

3

MANIFESTATIONS OF INTENT TO CREATE TRUST

Answer 848

1. WRITING
2. VERBAL COMMUNCATION
3. CONDUCT

Question 849

3

PRODUCT DEFECT - PLAINTIFF MUST PROVE A MANUFACTURER DEFENDANT

Answer 849

1. MANUFACTURED PRODUCT
2. THAT WAS UNREASONABLY DANGEROUS WHEN IT LEFT DEFENDANT’S CONTROL
3. CAUSING PLAINTIFF HARM

Question 850

3

MARKET DIRECTORY HEARSAY EXCEPTION

Answer 850

1. MARKET QUOTATIONS, DIRECTORIES AND OTHER PUBLIC COMPILIATIONS
2. RELIED UPON BY THE PUBLIC OR PARTICULAR OCCUPATIONS
3. ARE ADMISSIBLE WHERE PROPONENT SHOWS RELIABILITY.

Question 851

2

MARKET SHARE LIABILITY WILL ATTACH WHERE

Answer 851

1. LARGE GROUP OF POTENTIAL TORTFEASORS
2. GENERIC PRODUCT MANUFACTURED BY POTENTIAL TORTFEASORS

Question 852

2

LAND SALE CONTRACT - IMPLIED PROMISE OF MARKETABLE TITLE IMPLIEDLY PROMISES TO:

Answer 852

1. DELIVER MARKETABLE TITLE AT THE END OF CLOSING
2. FREE FROM REASONABLE DOUBT REGARDING SELLER’S ABILITY TO CONVEY PROPERTY AS REPRESENTED

Question 853

3

ELEMENTS TRIGGERING

MARRIED WOMAN’S SPECIAL PRESUMPTION

Answer 853

1. PROPERTY TAKEN IN WIFE’S NAME ALONE
2. PRE-1975
3. REBUTTABLY PRESUMED TO BE HER SEPARATE PROPERTY

Question 854

2

MARRIED WOMAN’S SPECIAL PRESUMPTION - RESULT OF WIFE TAKING TITLE WITH 3rd PARTY

Answer 854

1. WIFE AND THIRD PARTY ARE TENANTS IN COMMON
2. WIFE HAS 1/2 INTEREST AS SEPERATE PROPERTY

Question 855

2

MARRIED WOMAN’S SPECIAL PRESUMPTION - RESULT OF WIFE TAKING TITLE WITH 3rd PARTY

Answer 855

1. WIFE AND THIRD PARTY ARE TENANTS IN COMMON
2. WIFE HAS 1/2 INTEREST AS SEPERATE PROPERTY

Question 856

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”

Answer 856

1. PROPERTY BECOMES 1/2 SP AND 1/2 CP

Question 857

3

MATERIAL CONDITION

Answer 857

1. A CONDITION THAT MUST BE SATISFIED BEFORE A PERFORMANCE DUTY RIPENS
2. FAILURE OF WHICH WILL GENERALLY DENY ONE OR ALL OF THE PARTIES’ EXPECTED BENEFIT OF THE BARGAIN
3. EXCUSING THEM FROM PERFORMANCE.

Question 858

2

MATERIALITY OF STATEMENTS MADE DURING NEGOTIATION

Answer 858

1. STATEMENTS MADE DURING NEGOTIATIONS ARE NOT STATEMENTS OF MATERIAL FACT
2. MAKING FALSE STATEMENTS OK

Question 859

1

MAYHEM

Answer 859

1. MAYHEM IS THE CRIME OF MALICIOUSLY DISMEMBERING OR DISFIGURING VICTIM.

Question 860

2

MBE - COMMON LAW MALICE FOR ARSON

Answer 860

1. DEFENDANT ACTED WITH INTENT OR KNOWLEDGE THAT THE STRUCTURE WOULD BURN
2. OR RECKLESS DISREGARD OF AN OBVIOUS RISK THAT THE STRUCTURE WOULD BURN

Question 861

2

MBE - DEFENDANT MAY OFFER PROOF OF HIS GOOD CHARACTER USING TESTIMONY ABOUT THESE TWO THINGS

Answer 861

1. TESTIMONY ABOUT THE DEFENDANT’S REPUTATION
2. TESTIMONY IN THE FORM OF OPINION

Question 862

2

MBE - DORMANT COMMERCE CLAUSE AND MARKET PARTICIPANT STATE EXCEPTION

Answer 862

1. WHERE STATE IS A MARKET PARTICIPANT
2. IT MAY PREFERENCE IN STATE PARTIES.

Question 863

2

MBE - EXCESSIVE ENTANGLEMENT AND GOVERNMENT GRANTS FOR CONSTRUCTION OF BUILDING TO BE USED AT RELIGIOUS SCHOOLS

Answer 863

1. AS LONG AS THE SCHOOLS INVOLVED AREN’T “PERMEATED WITH RELIGION” THE GRANTS DONT INVOLVE EXCESSIVE ENTANGLEMENT
2. AND THE DIRECT AID IS NOT TO PRIMARY OR SECONDARY SCHOOLS.

Question 864

3

MBE - FREE EXERCISE CLAUSE AND PROSCRIBED RELIGIOUS CONDUCT

Answer 864

1. VALID AND NEUTRAL LAW OF GENERAL APPLICABILITY
2. RATIONALLY RELATED TO LEGITIMATE STATE PURPOSE
3. MAY PROSCRIBE CONDUCT REQUIRED BY RELIGION

Question 865

2

MBE - IMMUNITY OF FEDERAL EMPLOYEES FROM STATE TAXES

Answer 865

1. STATE TAXES ON FEDERAL CONTRACTORS AND EMPLOYEES
2. FOR PERSONAL USE OR INCOME IS OK.

Question 866

4

MBE - LEARNED TREATISES MAY BE READ INTO EVIDENCE WHERE

Answer 866

1. EXPERT WITNESS RELIES ON IT ON DIRECT EXAMINATION
2. OR ITS CALLED TO EXPERT’S ATTENTION ON X-EXAMINATION
3. OR ITS ESTABLISHED AS RELIABLE BY WITNESS’ OR OTHER EXPERT WITNESS’ TESTIMONY, ADMISSION
4. OR JUDICIAL NOTICE

Question 867

1

MBE - PRIOR INCONSISENT STATEMENT - MEANING OF PRIOR WHEN INCONSISTENT STATEMENT USED TO IMPEACH

Answer 867

1. PRIOR MEANS INCONSISTENT STATEMENT OCCURRED BEFORE THE COURT REPETITION OF THE DECLARANTS OUT OF COURT STATEMENT OR CONDUCT.

Question 868

3

MBE - PROBABLE CAUSE FOR SEARCH WARRANT AND STALE INFORMATION

Answer 868

1. WHERE INFORMATION IS STALE,
2. THE LIKELIHOOD OF SOUGHT AFTER ITEMS BEING ON PREMISES IS LOWER
3. THUS DIMINISHING PROBABLE CAUSE

Question 869

2

MBE - REQUIREMENT FOR ADMISSIBLITY OF EVIDENCE GATHERED AT CHECKPOINT FOR CAR STOPS

Answer 869

1. EVERY CAR MUST BE STOPPED AND CHECKED
2. RANDOM SEARCHES WILL MAKE EVIDENCE INADMISSIBLE

Question 870

2

MBE - SEARCH WARRANTS REQUIREMENT FOR BUSINESSES

Answer 870

1. ORDINARY BUSINESSES ARE NOT SUBJECT TO WARRANTLESS SEARCHES
2. HEAVILY REGULATED INDUSTRIES CAN BE INSPECTED WITHOUT A WARRANT

Question 871

1

MBE - TESTIMONY ABOUT DEFENDANT’S GOOD CHARACTER USING SPECIFIC INSTANCES OF CONDUCT IS PROHIBITED UNLESS

Answer 871

1. THE CHARACTER TRAIT IS AN ESSENTIAL ELEMENT OF A CHARGE, CLAIM OR DEFENSE.

Question 872

2

MBE - USE OF IMPEACHMENT EVIDENCE OT IMPEACH THE CREDIBILITY OF THE TESTIFYING CHARACTER WITNESS

Answer 872

1. A CHARACTER WITNESS’ CREDIBILITY MAY BE IMPEACHED BY USING SPECIFIC INSTANCES
2. TO SHOW THE WITNESS’ ASSESSMENT OF CHARACTER IS NOT CREDIBLE

Question 873

2

MBE - WILL SUBSTANTIAL CONTRIBUTION TO PRIVATE SCHOOL BUDGET TRANSFORM PRIVATE ACTION INTO PUBLIC ACTION?

Answer 873

1. NO.
2. EVEN 90 PERCENT CONTRIBUTION DIDN’T TRANSFORM TO STATE ACTION.

Question 874

1

MBE MISSED - A STATE’S LEGISLATIVE FUNCTIONS MAY BE IMMUNE FROM FEDERAL PROSECUTION UNDER THE

Answer 874

1. TENTH AMENDMENT

Question 875

2

MBE MISSED - A STATUTE WILL NOT VIOLATE THE TENTH AMENDMENT WHERE IT IS

Answer 875

1. GENERALLY APPLICABLE
2. DOES NOT COMMANDEER THE LEGISTLATIVE FUNCTION OF LOCAL GOVERNMENT

Question 876

1

MBE MISSED - A WRITTEN AGREEMENT IS PRESUMED PARTIALLY INTEGRATED UNLESS

Answer 876

1. CLEAR EVIDENCE EXISTS TO THE CONTRARY

Question 877

1

MBE MISSED - AN AGREEMENT EXCHANGING PAYMENT FOR WRITING AN OFFER (PERFORMANCE) IS A

Answer 877

1. UNILATERAL CONTRACT

Question 878

1

MBE MISSED - AN OUT OF COURT STATEMENT OFFERED FOR PROOF OF THE MATTER ASSERTED (HEARSAY) MAY COME IN UNDER THIS MANY EXCEPTIONS

Answer 878

1. ONE TO HOWEVER MANY EXCEPTIONS APPLY

Question 879

2

MBE MISSED - ANIMALS ON FEDERAL LAND ARE PROTECTED BY CONGRESS’ POWER TO DO THIS REGARDING FEDERAL LANDS

Answer 879

1. DISPOSE OF AND
2. MAKE ALL NEEDFULL RULES AND REGULATIONS

Question 880

2

MBE MISSED - APPROPRIATE REMEDY FOR WASTE COMMITTED BY LIFE ESTATE HOLDER WHEN NOT ALL VESTED REMAINDERMEN EXIST YET

Answer 880

1. INJUNCTION STOPPING FURTHER WASTE
2. IMPOUND DAMAGES UNTIL ALL POSSIBLE REMAINDERMEN EXIST

Question 881

1

MBE MISSED - BURDEN OF GOING FORWARD ON AN AFFIRMATIVE DEFENSE. DEFENDANT MUST PROVE DEFENSE BY A

Answer 881

1. PREPONDERANCE OF EVIDENCE

Question 882

1

MBE MISSED - COMMERCIAL SPEECH RECIEVES THIS LEVEL OF SCRUTIY

Answer 882

1. INTERMEDIATE SCRUTINY

Question 883

1

MBE MISSED - CONGRESS MAY CONTROL FEDERAL COURT ORDERS BY

Answer 883

1. RESTRICTING THE JURISDICTION OF APPELLATE COURTS

Question 884

1

MBE MISSED - CONTENT NEUTRAL RESTRICTIONS ON SPEECH ARE REVIEWED USING

Answer 884

1. INTERMEDIATE SCRUTINY

Question 885

2

MBE MISSED - DEFAMATION - CHARACTER AT ISSUE IN THESE TWO RESPECTS

Answer 885

1. WHETHER DEFENDANT’S ASSESSMENT IS INCORRECT
2. WHETHER PLAINTIFF’S REPUTATION HAS BEEN DAMAGED

Question 886

1

MBE MISSED - DYING DECLARATION EXCEPTION REQUIRES THAT THE DECLARANT BE

Answer 886

1. UNAVAILABLE

Question 887

1

MBE MISSED - EASEMENT AGAINST SERVIENT ESTATE - BFP WILL BE FOUND TO HAVE NOTICE WHERE EASEMENT APPEARS

Answer 887

1. IN CHAIN OF TITLE

Question 888

1

MBE MISSED - EVEN WHERE A PERSON IS EMPLOYED IN FOR A “PERMANENT POSITION”, HE IS CONSIDERED AN

Answer 888

1. AT-WILL EMPLOYEE

Question 889

3

MBE MISSED - EXPERT TESTIMONY IS NECESSARY TO ASSIST THE TRIER OF FACT WHERE COURT DETERMINES

Answer 889

1. SCIENTIFIC
2. TECHNICAL
3. OR OTHER SPECIALIZED KNOWLEDGE IS NEEEDED

Question 890

2

MBE MISSED - FACTUAL IMPOSSIBLITY VS. LEGAL IMPOSSIBLITY DEFENSE

Answer 890

1. LEGAL IMPOSSIBILITY IS A VALID DEFENSE OCCURRING WHEN DEFENDANT INTENDS TO COMMIT AN ACT THAT ISN’T ACTUALLY ILLEGAL VS.
2. 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

Question 891

1

MBE MISSED - COMMERCE CLAUSE - FOR STATE LICENSING QUESTIONS, LOOK FOR LICENSING REQUIREMENT’S EFFECT ON

Answer 891

1. INTERSTATE COMMERCE

Question 892

1

MBE MISSED - FRE 408 - EVIDENCE OF CONDUCT OR STATEMENTS MADE DURING THE THE COURSE OF SETTLEMENT NEGOTIATIONS

Answer 892

1. ARE INADMISSIBLE

Question 893

1

MBE MISSED - FREE EXERCISE CLAUSE - COURTS WILL UPHOLD A FACIALLY NEUTRAL ACT UNLESS IT WAS INTENDED TO

Answer 893

1. TARGET THE PRACTICES OF A SPECIFIC RELIGIOUS GROUP.

Question 894

1

MBE MISSED - THE TORTIOUS BATTERY INTENT REQUIREMENT MAY BE SATISFIED BY

Answer 894

1. THE INTENT TO COMMIT A TORTIOUS ASSAULT

Question 895

2

MBE MISSED - INTERMEDIATE SCRUTINTY FOR CONTENT NEUTRAL FORMS OF SPEECH REQUIRES

Answer 895

1. ORDINANCE IS NARROWLY TAILORED TO ACHIEVE AN IMPORTANT GOVERNMENT INTEREST
2. ALTERNATE CHANNELS OF COMMUNICATION FOR PLAINTIFF TO DISSEMINATE MESSAGE ARE LEFT OPEN

Question 896

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

Answer 896

1. FULL DAMAGES FROM ANY DEFENDANT INCLUDING PARENT’S LIABILITY

Question 897

1

MBE MISSED - MINOR BREACH AMOUNTS TO

Answer 897

1. SUBSTANTIAL PERFORMANCE

Question 898

1

MBE MISSED - OFFERS TO COMPROMISE ARE ONLY INADMISSIBLE WHEN THE CLAIM IS

Answer 898

1. DISPUTED

Question 899

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

Answer 899

1. UNEQIVOCALLY REFERRABLE

Question 900

2

MBE MISSED - PAROL EVIDENCE RULE PROVIDES THAT A COMPLETELY INTEGRATED WRITING CANNOT BE CONTRADICTED BY

Answer 900

1. PRIOR WRITTEN OR ORAL AGREEMENTS
2. CONTEMPORANEOUS ORAL AGREEMENTS

Question 901

5

MBE MISSED - PAST BAD ACTS MAY BE ADMITTED TO SHOW

Answer 901

1. PLAN
2. KNOWLEDGE
3. IDENTITY
4. ABSENCE OF MISTAKE
5. LACK OF ACCIDENT

Question 902

2

MBE MISSED - PAST CONVICTIONS MAY BE USED TO IMPEACH CREDIBILITY WHERE ELEMENTS OF PRIOR CRIME INVOLVED

Answer 902

1. DISHONEST ACT
2. FALSE STATEMENT

Question 903

2

MBE MISSED - PRODUCT LIABILTY - A MANUFACTURER IS OBLIGATED TO TAKE ALL OF THESE STEPS TO MAKE PRODUCT SAFE

Answer 903

1. REASONABLE
2. COST EFFECTIVE

Question 904

4

MBE MISSED - RECOVERY FOR WITNESSES OF NEGLIGENT INJURY MUST BE

Answer 904

1. CLOSELY RELATED TO VICTIM
2. PRESENT AT SCENE OF INJURY
3. AWARE VICTIM WAS BEING INJURED
4. SUFFERED SERIOUS EMOTIONAL DISTRESS FROM PRESENCE

Question 905

2

MBE MISSED - RESTRICTIVE COVENANT IS ENFORCEABLE AGAINST SUBSEQUENT PURCHASERS WHERE SUBSEQUENT PURCHASERS HAVE

Answer 905

1. ACTUAL NOTICE OR
2. CONSTRUCTIVE NOTICE OF RESTRICTIVE COVENANT

Question 906

1

MBE MISSED - REVERTERS ARE NOT SUBJECT TO THE RULE AGAINST PERPETUITIES BECAUSE

Answer 906

1. THEY VEST AT THE MOMENT THEY ARE CREATED.

Question 907

1

MBE MISSED - REVERTERS ARE NOT SUBJECT TO

Answer 907

1. THE RULE OF PERPETUITIES

Question 908

3

MBE MISSED - ROBBERY - AFTER PROPERTY TAKEN, USE OF FORCE OR THREAT OF FORCE REQUIREMENT ONLY SATISFIED WHERE

Answer 908

1. IMMEDIATELY AFTER TAKING
2. DEFENDANT USES FORCE TO STOP VICTIM FROM CATCHING HIM
3. OR RETAKING PROPERTY

Question 909

2

MBE MISSED - STATUTE STATUE GOVERNING COMMERCIAL SPEECH THAT ISN’T FALSE, DECEPTIVE OR ILLEGAL IS ONLY VALID WHERE IT

Answer 909

1. DIRECTLY ADVANCES A SUBSTANTIAL GOVERNMENT INTEREST
2. REASONABLY TAILORED TO ACHIEVE IMPORTANT INTEREST

Question 910

2

MBE MISSED - STRICT LIABILITY CRIMES INVOLVE

Answer 910

1. REGULATORY OFFENSES
2. OFFENSES SERIOUS POTENTIAL HARM TO PUBLIC

Question 911

2

MBE MISSED - STRICT LIABILITY PRODUCT DEFECT - DEFENDANT CAN ONLY BE LIABLE WHERE PRODUCT WAS DEFECTIVE

Answer 911

1. WHEN IT LEFT DEENDANT’S CONTROL
2. AND NOT EXPECTED TO UNDERGO SIGNIFICANT CHANGES BEFORE USING END CONSUMER

Question 912

1

MBE MISSED - THE POWER TO PROSECUTE BELONGS EXCLUSIVELY TO THIS BRANCH OF GOVERNMENT

Answer 912

1. THE EXECUTIVE BRANCH

Question 913

2

MBE MISSED - ELEMENTS NEEDED FOR FRUSTRATION OF PURPOSE EXCUSING PERFORMANCE OF LEASE ON PARTIALLY CONDEMNED PROPERTY

Answer 913

1. FRUSTRATION MUST BE COMPLETE OR ALMOST COMPLETE
2. TENANT MUST NOT HAVE BEEN COMPENSATED FOR INTEREST IN PROPERTY

Question 914

3

MBE MISSED - TO BE CONSTITUTIONAL, A STATE LAW MUST

Answer 914

1. BE ENACTED WITHIN THE STATE’S POWERS
2. NOT VIOLATE ANY CITIZEN’S CONSTITUTIONAL RIGHTS
3. NOT IMPROPERLY BURDEN INTERSTATE COMMERCE

Question 915

1

MBE MISSED - TO CONSTITUTE ANTICIPATORY REPUDIATION - REPUDIATING PARTY MUST

Answer 915

1. UNEQUIVOCALLY INDICATE THAT HE WILL NOT PERFORM HIS OBLIGATIONS UNDER THE CONTRACT

Question 916

2

MBE MISSED - UCC 2-210, FOR REQUIREMENTS/OUTPUT CONTRACTS - NO ASSIGNMENT CLAUSES IN CONTRACTS PREVENT ONLY

Answer 916

1. DELEGATIONS OF DUTIES
2. NOT ASSIGNMENTS OF RIGHTS

Question 917

2

MBE MISSED - UNDER RETREAT DOCTRINE, DEFENDANT IS NOT UNDER THE OBLIGATION TO RETREAT WHERE DEFENDANT IS NOT

Answer 917

1. THE AGRESSOR
2. USING EXCESSIVE OR DEADLY FORCE

Question 918

1

MBE MISSED - UNDISPUTED EVIDENCE FROM DEFENDANT REBUTTING PLAITNIFF’S UNDISPUTED PRIMA FACIE EVIDENCE WILL

Answer 918

1. ENTITLE DEFENDANT TO VERDICT

Question 919

1

MBE MISSED - UNKNOWN TRESPASSER IS OWED

Answer 919

1. NO DUTY

Question 920

1

MBE MISSED - WHEN ATTEMPTED CRIME MISTAKENLY INJURES WRONG VICTIM, DEFENDANT WILL BE CHARGED WITH ATTEMPTED CRIME AGAINST

Answer 920

1. ORIGINALLY INTENDED VICTIM

Question 921

1

MBE MISSED - WHERE A LAW IMPACTS A FIRST AMENDMENT RIGHT, THE BURDEN OF PROOF IS ON

Answer 921

1. THE GOVERNMENT

Question 922

1

MBE MISSED - WHERE A LAW IMPACTS FIRST AMENDMENT RIGHTS IT MUST

Answer 922

1. PROMOTE A SIGNFICANT GOVERNMENT INTEREST.

Question 923

1

MBE MISSED - WHERE SALE PROCEEDS WILL PAY OFF A MORTGAGE TO MAKE TITLE MARKETABLE, SELLER HAS

Answer 923

1. AN IMPLIED RIGHT TO USE PROCEEDS OF SALE TO PAY OFF MORTGAGE

Question 924

2

MBE MISSED - PROMISSORY ESTOPPEL(DETRIMENTAL RELIANCE) VS. QUASI CONTRACT (PART PERFORMANCE)

Answer 924

1. PROMISSORY ESTOPPEL SHOULD ENTITLE PROMISEE TO THE PROMISED BENEFIT VS.
2. QUASI CONTRACT WILL AWARD REASONABLE VALUE OF SERVICES

Question 925

2

MBE MISSED- GRATITUTOUS PROMISES ARE ENFORCEABLE WHERE

Answer 925

1. THEY ARE LIKELY TO INDUCE PROMSEE’S RELIANCE
2. AND DO INDUCE PROMISEE’S RELIANCE

Question 926

4

MEANS OF REVOKING OFFER

Answer 926

1. LAPSE
2. DEATH BY OFFEROR
3. REVOCATION BY OFFEROR
4. REJECTION BY OFFEREE

Question 927

6

MEANS OF TERMINATING ACTUAL IMPLIED AUTHORITY (BLO-CHU)

Answer 927

1. BREACH OF AGENT’S FIDUCIARY DUTIES
2. LAPSE OF STATED PERIOD OR REASONABLE TIME
3. OPERATION OF LAW (DEATH, BK)
4. CHANGED CIRCUMSTANCES
5. HAPPENING OF A SPECIFIC EVENT
6. UNILATERAL TERMINATION BY EITHER PARTY

Question 928

2

MEASURE OF DAMAGES FOR THE NONBREACHING BUYER WHO PROCURES COVER

Answer 928

1. EXCESS OF THE COVER PRICE
2. OVER THE CONTRACT PRICE

Question 929

2

MEASURING LIFE FOR RAP IS LIFE IN BEING PLUS

Answer 929

1. 21 YEARS
2. LOOK OUT FOR THE 21 YEARS

Question 930

2

MEETING 75,000 FOR DIVERSITY IN A CLASS ACTION

Answer 930

1. A CLASS REPRESENTATIVE MUST INDIVIDUALLY MEET THE 75,000 BENCHMARK.
2. AGGREGATION OF ALL CLAIMS IN CLASS NOT ALLOWED.

Question 931

3

MERCHANT

Answer 931

1. BY OCCUPATION DEALS WITH WITH THE TYPE OF GOODS IDENTIFIED BY THE CONTRACT
2. OR HAS KNOWLEDGE OR SKILLS PECULIAR TO THE GOODS INVOLVED
3. OR EMPLOYS AN AGENT WITH SUCH KNOWLEDGE OR SKILL.

Question 932

3

MERCHANT’S FIRM OFFER

Answer 932

1. UNDER UCC 2, A MERCHANT’S SIGNED WRITTEN OFFFER
2. THANT PROMISES TO LEAVE AN OFFER OPEN FOR A FIXED PERIOD OF TIME OR STATES “FIRM OFFFER”
3. CANNOT BE REVOKED FOR A PERIOD OF TIME STATED IN THE OFFER UP TO THREE MONTHS.

Question 933

2

EXCEPTIONS TO SHAREHOLDER APPROVAL REQUIREMENT FOR MERGER

Answer 933

1. SHAREHOLDER APPROVAL NOT NEEDED WHERE CHANGE NOT SIGNFICANT
2. SHORT FORM MERGER OK WHERE 90 PERCENT OWNED OR MORE SUBSIDIARY MERGES INTO ANOTHER

Question 934

4

MERGER DOCTRINE OF LAND SALE CONTRACT AND DEED

Answer 934

1. AFTER CLOSING
2. DEED BECOMES OPERATIVE DOCUMENT
3. OBLIGATIONS OF LAND SALE CONTRACT DEEMED DISCHARGED CLOSING
4. UNLESS OBLIGATIONS RESTATED IN DEED

Question 935

4

MERGER OF SOLICITATION

Answer 935

1. WHEN SOLICITED CRIME IS COMMITTED
2. SOLICITATION MERGES INTO THE SOLICITED CRIME
3. SOLICITING DEFENDANT BECOMES VICARIOUSLY LIABLE FOR SOLICITED CRIME
4. BASED ON ACCOMPLICE LIABILITY.THEORY.

Question 936

5

METHODS OF CREATING A TRUST

Answer 936

1. DECLARATION BY PROPERTY OWNER THAT HE HOLDS PROPERTY AS TRUSTEE
2. TRANSFER OF PROPERTY DURING OWNER’S LIFETIME TO A TRUSTEE
3. TESTAMENTARY TRANSFER OF PROPERTY TO A TRUST
4. EXERCISE OF POWER OF APPOINTEMENT TO APPOINT ANOTHER TRUSTEE
5. CONTRACT TO CREATE A TRUST

Question 937

3

METHODS OF TERMINATING OR MODIFYING A REAL COVENANT

Answer 937

1. AGREEMENT OF ALL PARTIES MADE IN A SUFFICIENT WRITING.
2. ABANDOMENT ACTION
3. CHANGED CONDITIONS

Question 938

3

MILLER TEST FOR OBSCENITY

Answer 938

1. APPEALS TO PRURIENT INTERESTS (COMMUNITY STANDARD)
2. PATENTLY OFFENSIVE UNDER LAWS LIMITING OBSCENITY (COMMUNITY STANDARD)
3. SERVES NO SLAP VALUE (NATIONAL STANDARD)

Question 939

2

JUDICIAL TRENDS ON MINIMAL CONTACTS BY INTERNET PRESENCE

Answer 939

1) PASSIVE WEBSITES INSUFFICIENT FOR CONTACT
2) INTERACTIVE AND AND COMMERCIAL SITES SUFFICIENT FOR CONTACT

Question 940

2

MINIMUM CONTACTS - GENERAL JURISDCTION - CONTACTS WITH THE FORUM STATE ARE

Answer 940

1. SUFFICIENTLY SYSTEMATIC
2. CONTINUOUS

Question 941

1

MINIMUM CONTACTS - SPECIFIC JURISDICTION

Answer 941

1. CLAIM IS DIRECTLY RELATED TO DEFENDANT’S CONTACT WITH THE FORUM STATE

Question 942

2

DEFENDANT HAS MINIMUM CONTACTS WITH A STATE WHEN HE

(FORESEEABILITY)

Answer 942

1. PURPOSEFULLY AVAILS HIMMSELF OF THE BENEFITS AND PROTECTIONS OF A STATE
2. MAKING IT REASONABLY FORESEEABLE HE COULD BE HALED INTO STATE’S COURT

Question 943

4

MIRANDA - INVOCATION OF COUNSEL AND INTERROGATION - ONCE SUSPECT INVOKES RIGHT TO COUNSEL, POLICE MUST

Answer 943

1. MUST CEASE ALL INTERROGATION
2. UNTIL SUSPECT CONSULTS COUNSEL
3. AND CANNOT RESUME INTERROGATION
4. UNTIL COUNSEL IS PRESENT.

Question 944

1

MIRANDA - SUSPECT’S INVOCATION OF RIGHT TO COUNSEL

Answer 944

1. MUST BE UNAMBIGUOUS

Question 945

1

MIRANDA ONLY APPLIES TO THESE INTERROGATIONS

Answer 945

1. CUSTODIAL INTERROGATIONS

Question 946

2

MIRROR IMAGE RULE

Answer 946

1. UNDER THE COMMON LAW MIRROR IMAGE RULE, ACCEPTANCE MUST BE AN UNEQUIVOCAL ASSENT TO THE TERMS OF THE OFFER
2. BY WORDS OR PERFORMANCE

Question 947

3

SEC - MISAPPROPRIATORS

Answer 947

1. BREACH A DUTY OF TRUST AND CONFIDENCE
2. OWED TO A SOURCE OF MATERIAL NON-PUBLIC CORPORATE INFORMATION
3. WHEN THEY MAKE A TRADE OF A SECURITY INSTRUMENT BASED ON THIS MATERIAL NON-PUBLIC CORPORATE INFORMATION

Question 948

2

MITIGATING FACTORS FOR HOMICDE

Answer 948

1. MITIGATING FACTORS ARE CONSIDERATION NOT AMOUNTING TO COMPLETE DEFENSES
2. WEIGHED BY TEH JURY WHEN DETERMINING DEGREE OR TYPE OF HOMICIDE FOUND.

Question 949

2

MODERN ARSON

Answer 949

1. MODERNLY, THE CRIME OF ARSON HAS BEEN EXPANDED TO INCLUDE
2. MALICIOUS BURNING OF STRUCTURES, LAND AND PROPERTY.

Question 950

5

MODERN BURGLARY - MOST JURISDICTIONS DEFINE BURGLARY AS A

Answer 950

1. A SPECIFIC INTENT CRIME
2. COMMITTED AT ALL HOURS OF THE DAY
3. BY BREAKING AND ENTERING ALMOST ANY STRUCTURE
4. WITH THE SPECIFIC INTENT TO COMMIT A FELONY
5. OR ANY DEGREE OF LARCENY

Question 951

1

MODERN DUTY OF LANDOWNERS

Answer 951

1. GENERAL DUTY OF CARE TO THOSE OFF AND ON THE LAND

Question 952

1

KIDNAPPING - MODERNLY, MOST JURISIDICTIONS HAVE DONE AWAY WITH THIS ELEMENT OF COMMON LAW KIDNAPPING

Answer 952

1. THE CARRYING AWAY REQUIREMENT

Question 953

3

MODERN CODIFICATIONS OF MURDER - FIRST DEGREE MURDER IS TYPICALLY CODIFIED AS A HOMICIDE COMMITED BY

Answer 953

1. PREMEDITATION AND DELIBERATENESS
2. OR ENUMERATED MEANS
3. OR COMMISSION OF AN ENUMERATED FELONY.

Question 954

1

MODERN OVERT ACT REQUIREMENT FOR ATTEMPT CRIME

Answer 954

1. MODERNLY, MOST JURISIDCTIONS REQUIRE AN OVERT ACT BE COMMITTED IN FURTHERANCE OF THE CRIME.

Question 955

3

MODERN PER STIRPES OR PER CAPITA WITH REPRESENTATION

Answer 955

1. EQUAL DISTRIBUTION AT FIRST LEVEL HEIRS
2. WHERE FIRST LEVEL HEIRS DECEASED, THEIR SHARES ARE DIVIDED EVENLY AMONG THEIR ISSUE
3. IF FIRST LEVEL HEIRS LEFT NO ISSUE, THEIR SHARES ARE DIVIDED EVENLY AMONG NEXT LEVEL

Question 956

4

MODERN RAPE

Answer 956

1. MODERNLY, THE CRIME OF RAPE HAS BEEN EXPANDED
2. TO INCLUDE ANY UNCONSENTED ACT THAT CAUSES PENETRATION OF THE VICTIM
3. REGARDLESS OF VICTIM’S SEX
4. OR MARITAL STATUS.

Question 957

1

MODERN TREATMENT OF CONTINGENT REMAINDERS IF REMAINDER IS STILL CONTINGENT UPON TERMINATION OF PRECEDING ESTATE

Answer 957

1. GRANTOR GETS REMAINDER
2. REMAINDER IS CONVERTED TO A SPRINGING EXECUTORY INTEREST

Question 958

3

MODERN VIEW OF LANDLORD’S DUTIES TO THE CONDITION OF THE PREMISES

Answer 958

1. MAINTAIN COMMON AREAS
2. FIX LATENT DEFECTS OF WHICH LANDLORD HAS KNOWLEDGE
3. MAKE REPAIRS IN A NONNEGLIGENT FASHION

Question 959

1

MODERNY LARCENY CODIFICATION

Answer 959

1. MODERNLY, MANY JURISDICTIONS CODIFY LARCENY AS THEFT.

Question 960

3

MODIFICATION OR REVOCATION OF TRUST

Answer 960

1. MAJORITY RULE - ONLY WHERE SETTLOR EXPRESSLY RESERVES POWER IN TRUST
2. MINORITY RULE AND CA - TRUSTS ARE ALWAYS REVOCABLE UNLESS EXPRESSLY STATED OTHERWISE IN TRUST
3. COURTS CAN MODIFY TRUSTS TO MEET SETTLOR’S INTENT

Question 961

1

TIMELINESS - MOOTNESS - A CASE IS MOOT WHERE

Answer 961

1. CONTROVERSY HAS BEEN ELIMINATED

Question 962

3

MORTGAGE - ELEMENTS

CIF

Answer 962

1. CONVEYANCE OF A SECURITY INTEREST
2. IN LAND INTENDED BY THE PARTIES TO BE COLLATERAL
3. FOR THE REPAYMENT OF A FINANCIAL OBLIGATION

Question 963

2

MOTION FOR DIRECTED VERDICT OR DEMURRER TO THE EVIDENCE (CA)

Answer 963

1. AT TRIAL
2. AFTER OPPOSING SIDE HAS PRESENTED ITS CASE
3. OTHER SIDE FILES MOTION FOR DIRECTED VERDICT
4. ARGUING INSUFFFICIENT EVIDENCE PRESENTED BY OPPOSING SIDE
5. TO ALLOW REASONABLE PEOPLE TO AGREE WITH OPPOSING SIDE’S CASE

Question 964

2

MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT TIMING REQUIREMENTS- CA

Answer 964

1. MOTION MUST BE MADE W/IN 15 DAYS AFTER SERVICE OF NOTICE OF ENTRY OF JUDGMENT
2. OR 180 DAYS AFTER JUDGMENT ENTERED

Question 965

5

MOTION FOR NEW TRIAL - GROUNDS

Answer 965

1. PREJUDICIAL ERROR MAKING JUDGMENT UNFAIR
2. NEW EVIDENCE PREVIOUSLY UNAVAILABLE DESPITE DUE DILIGENCE
3. PREJUDICIAL MISCONDUCT
4. JUDGMENT IS AGAINST WEIGHT OF THE EVIDENCE
5. EXCESSIVE OR INADEQUATE DAMAGES

Question 966

2

MOTION FOR NEW TRIAL MUST BE FILED W/IN

Answer 966

1. FED- 28 DAYS AFTER ENTRY OF JUDGMENT
2. CA - 15 DAYS OF SERVICE OF NOTICE OF ENTRY OF JUDGMENT OR 180 DAYS AFTER JUDGMENT ENTERED

Question 967

2

MOTION FOR SUMMARY JUDGMENT ELEMENTS

Answer 967

1. PARTY ESTABLISHES NO TRIABLE ISSUE OF MATERIAL FACT
2. SO HE IS ENTITLED TO JUDGMENT AS A MATTER OF LAW

Question 968

2

MOTION FOR SUMMARY JUDGMENT ELEMENTS

Answer 968

1. PARTY ESTABLISHES NO TRIABLE ISSUE OF MATERIAL FACT
2. SO HE IS ENTITLED TO JUDGMENT AS A MATTER OF LAW

Question 969

2

MOTION TO QUASH FILING REQUIREMENTS

Answer 969

1. MADE BY SPECIAL APPEARANCE
2. DONE BEFORE OR CONCURRENTLY WITH FILING OF RESPONSIVE PLEADINGS

Question 970

1

MOTION TO SET ASIDE JUDGMENT BASED ON NEGLECTFUL MISTAKES OR VOIDNESS TIMING LIMITS

Answer 970

1. MOTIONS TO SET ASIDE JUDGMENT BASED ON NEGLECTFUL MISTAKES OR VOIDNESS MUST BE BROUGHT W/IN YEAR OF ENTRY OF JUDGMENT.

Question 971

3

MPC INSANITY TEST - UNDER MODEL PENAL CODE, DEFENDANT MAY RAISE DEFENSE OF INSANITY WHERE

Answer 971

1. DUE TO MENTAL DISEASE OR DEFECT
2. HE LACKED SUBSTANTIAL CAPACITY TO RECOGNIZE CRIMINALITY OR CONDUCT
3. OR CONFORM HIS CONDUCT TO THE LAW.

Question 972

1

UNILATERAL AGREEMENT AS EVIDENCE OF CONSPIRACY AND MPC

Answer 972

1. UNDER THE MPC, A UNILATERAL ACT MAY ALSO SUPPORT A CONSPIRACY CHARGE.

Question 973

1

MULTIPLE ACTS AND ACTUAL CAUSES - EACH DEFENDANT MUST SHOW

Answer 973

1. HIS NEGLIGENCE WAS NOT THE ACTUAL CAUSE OF THE INJURY

Question 974

MULTIPLYING A DEFAMATORY STATEMENT MAY CAUSE LIABILITY TO

Answer 974

1. REPUBLISHERS
2. EVEN WHERE ATTRIBUTING STATEMENT TO ORIGINAL DEFAMER.

Question 975

2

MUTUALITY OF PERFORMANCE ELEMENTS

Answer 975

1. PLAINTIFF HAS ALREADY PERFORMED
2. OR COURT HAS POWER TO SECURE PERFORMANCE BY PLAINTIFF

Question 976

2

MUTUALITY OF PERFORMANCE REQUIREMENT FOR SPECIFIC PERFORMANCE AND COMMON LAW/MODERN DIFFERENCES

Answer 976

1. AT COMMON LAW, COURTS REQUIRED MUTUALITY OF REMEDY
2. MODERNLY, COURTS ONLY REQUIRE MUTUALITY OF PERFORMANCE

Question 977

1

MY DOG HAS

Answer 977

1. FLEAS

Question 978

1

NECKLACES

Answer 978

1. GO ON YOUR NECK

Question 979

1

NECKLACES

Answer 979

1. GO ON YOUR NECK

Question 980

1

NEGATIVE EASEMENT

Answer 980

1. PROHIBITS AN OWNER FROM DOING SOMETHING ON HIS OWN LAND.

Question 981

2

NEGLIGENCE BY EMERGENCY RESPONDERS WILL ONLY BE FOUND WHERE RESPONDERS

Answer 981

1. INCREASED RISK OF DANGER TO PLAINTIFF
2. HAVE A SPECIAL RELATIONSHIP WITH THE PLAITNIFF

Question 982

3

NEGLIGENT ENTRUSTMENT- LIABILITY ARISES WHERE DEFENDANT

Answer 982

1. KNOWS OR SHOULD KNOW 3RD PARTY IS UNFIT TO USE A RESOURCES
2. ENTRUSTS 3RD PARTY WITH RESOURCE ANYWAY
3. 3RD PARTY’S LACK OF FITNESS PROXIMATELY AND ACTUALLY CAUSES PLAINTIFF INJURY

Question 983

1

NEW YORK TIMES BURDEN OF PROOF FOR DEFAMATION FOR A PUBLIC OFFICIAL

Answer 983

1. STATEMENT WAS MADE WITH ACTUAL MALICE

Question 984

7

WILLS - NO CONTEST CLAUSES ENFORCED UNLESS BENEFICIARY CONTESTS FORFEITURE OF RIGHT TO TAKE WITH PROBABLE CAUSE ON GROUNDS OF

Answer 984

1. FORGERY
2. REVOCATION
3. UNDUE INFLUENCE
4. FRAUD
5. DURESS
6. IMPROPER EXECUTION
7. INTERESTED WITNESS

Question 985

2

NOMINAL DAMAGES FOR CONTRACT BREACH

Answer 985

1. DECLARATION THAT CONTRACT WAS BREACHED
2. PLAINTIFF DID NOT SUFFER ACTUAL LOSS FROM BREACH

Question 986

1

WHEN MAY THE NONBREACHING BUYER SEEK SPECIFIC PERFORMANCE?

Answer 986

1. THE NONBREACHING BUYER MAY SEEK SPECIFIC PERFORMANCE WHEN THE SUBJECT GOODS WERE UNIQUE.

Question 987

2

NONBREACHING BUYER’S REMEDY OPTIONS UNDER THE UCC

Answer 987

1. REPUDIATE THE CONTRACT AND DEMAND COVER
2. AFFIRM THE CONTRACT AND DEMAND CONFORMIGN GOODS.

Question 988

1

NONPUBLIC GOVERNMENT PROPRETY AS A FORUM FOR SPEECH

Answer 988

1. NONPUBLIC GOVERNMENT PROPERTY IS NOT OPEN TO SPEECH

Question 989

1

INTRASTATE COMMERCE WILL TRIGGER THE COMMERCE CLAUSE ONLY WHERE

Answer 989

1. THERE IS A DIRECT AND SUBSTANTIAL IMPACT ON INTERSTATE COMMERCE.

Question 990

5

NONWAIVABLE RUPA PROVISIONS - PARTNERSHIP AGREEMENT’S CAN’T

Answer 990

1. WAIVE FIDCUIARY DUTIES
2. RESTRICT THIRD PARTY RIGHTS
3. AFFECT COURT’S POWER OVER PARTNERSHIP
4. AFFECT LAW
5. PREVENT A PARTNER FROM DISASSOCIATING (WITH NOTICE)

Question 991

2

NOTICE REQUIREMENTS FOR SERVICE OF INITIAL PLEADINGS - DEFENDANT MUST BE SERVED

Answer 991

1. BY A REASONABLE METHOD
2. AND GIVEN AN OPPORTUNITY TO BE HEARD.

Question 992

1

NOTICE STATUTE

Answer 992

1. SUBSEQUENT BFP WITHOUT NOTICE PREVAILS OVER PRIOR GRANTEE WHO FAILED TO RECORD

Question 993

3

NOTICE TO TERMINATE TENANCY AT WILL REQUIREMENT - NOTICE MAY BE GIVEN

Answer 993

1. AT ANY TIME,
2. BY EITHER PARTY.
3. MOST JX REQUIRE REASONABLE NOTICE TO VACATE.

Question 994

3

DUE PROCESS - NOTIONS OF FAIR PLAY AND SUBSTANTIAL JUSTICE ARE NOT OFFENDED BY SELECTION OF FORUM STATE WHERE

Answer 994

1. CLAIM IS RELATED TO DEFENDANT’S CONTACT WITH THE FORUM STATE
2. DEFENDANT HAS CONTINOUS OR SYSTEMATIC CONTACT WITH THE FORUM STATE
3. FORUM IS NOT GRAVELY DIFFICULT AND INCONVENIENT FOR THE DEFENDANT.

Question 995

2

OBJECTION - ARGUMENTATIVE IS USED WHEN QUESTION ASKED

Answer 995

1. ASKS FOR INFERENCES TO MADE FROM THE QUESTION
2. IN ORDER TO PERSUADE JUDGE OR JURY

Question 996

2

OBJECTION - ASKED AND ANSWERED IS USED WHEN WITNESS HAS

Answer 996

1. ALREADY ANSWERED THE SAME OR SIMILAR QUESTION
2. FROM THE SAME ATTORNEY

Question 997

2

OBJECTION - BROAD, GENERAL, INDEFINITE IS USED WHERE QUESTION PERMITS THE WITNESS TO ANSWER WITH A TESTIMONY THAT IS

Answer 997

1. IRRELEVANT
2. INADMISSIBLE

Question 998

1

OBJECTION - CALLS FOR A LEGAL CONCLUSION IS USED WHERE THE WITNESS IS ASKED

Answer 998

1. TO STATE AN OPINION ABOUT ONE OF THE LEGAL MATTERS TO BE DECIDED IN THE CASE

Question 999

2

OBJECTION - CALLS FOR A NARRTIVE IS USED WHERE THE WITNESS IS ASKED A QUESTION

Answer 999

1. ON DIRECT EXAMATION
2. INVITING A NARRATIVE RESPONSE

Question 1000

1

OBJECTION - CALLS FOR SPECULATION IS USED WHERE A QUESTION INVITES A WITNESS TO TESTIFY

Answer 1000

1. BASED ON CONJECTURE

Question 1001

2

OBJECTION - CALLS FOR SPECULATION IS USED WHERE A QUESTION

Answer 1001

1. INVITES WITNESS TO SPECULATE
2. OR ANSWER ON BASIS OF CONJECTURE

Question 1002

1

OBJECTION - COMPOUND IS USED WHERE WITNESS IS ASKED

Answer 1002

1. A QUESTION THAT REQUIRES MULTIPLE ANSWERS

Question 1003

2

OBJECTION - LACKS FOUNDATION IS USED WHERE THE QUESTION ASKED THE WITNESS

Answer 1003

1. SOUGHT INFORMATION
2. THAT HAD NOT BEEN ESTABLISHED THE WITNESS HAD THE KNOWLEDGE TO ANSWER

Question 1004

2

OBJECTION - LEADING IS USED WHERE WITNESS IS ASKED A QUESTION THAT

Answer 1004

1. ON DIRECT EXAMINATION
2. SUGGESTS THE ANSWER THE EXAMINING PARTY DESIRES.

Question 1005

2

OBJECTION - MISLEADING IS USED WHERE A QUESTION

Answer 1005

1. MISTATES EVIDENCE
2. OR MISQUOTES WITNESSES

Question 1006

2

OBJECTION - USES FACTS NOT IN EVIDENCE IS USED WHEN

Answer 1006

1. LAWYER USES QUESTIONS ON DIRECT EXAMINATION
2. THAT ARGUE ISSUES OF CASE OR FACTS

Question 1007

4

OF SOUND MIND - NO CAPACITY WHERE TESTATOR INFLUENCED BY

Answer 1007

1. FRAUD
2. DURESS
3. MENACE
4. UNDUE INFLUENCE

Question 1008

3

“OF SOUND MIND” - TESTATOR MUST UNDERSTAND

Answer 1008

1. NATURE OF TESTAMENTARY ACT OR
2. NATURE AND SITUATION OF HIS PROPERTY OR
3. HIS RELATIONSHIPS W/PARTIES AFFECTED BY WILL

Question 1009

3

“OF SOUND MIND” - TESTATOR NOT COMPETENT WHERE

Answer 1009

1. SUFFERS FROM MENTAL DISORDER
2. CAUSING HALLUCINATIONS OR DELUSIONS
3. MOTIVATING DEVISES THAT TESTATOR WOULD NOT HAVE MADE WITHOUT THE HALLUCINATIONS OR DELUSIONS

Question 1010

2

OFFER

Answer 1010

1. A MANIFESTATION OF PRESENT CONTRACTUAL INTENT
2. SO CERTAIN IN TERMS THAT A REASONABLE PERSON WOULD CONCLUDE ASSENT WOULD FORM A BARGAIN

Question 1011

1

PRETERMITTED CHILD

Answer 1011

1. BORN AFTER EXECUTION OF WILL

Question 1012

2

OPTION CONTRACT

Answer 1012

1. CONTRACT CREATED WHEN OFFEREE GIVES OFFEREE CONSIDERATION
2. IN EXCHANGE FOR A PROMISE TO LEAVE THE OFFER OPEN FOR AN AGREED UPON PERIOD OF TIME.

Question 1013

2

OPTION CONTRACT

Answer 1013

1. OFFEREE AGREES TO KEEP OFFER OPEN FOR AGREED UPON PERIOD OF TIME
2. IN EXCHANGE FOR CONSIDERATION FROM OFFEREE

Question 1014

1

ORAL CONDITION PRECEDENT

Answer 1014

1. AN ORAL CONDITION THAT MUST BE SATISFIED BEFORE THE PERFORMANCE DUTIES OF A SEPARATE AGREEMENT MUST RIPEN.

Question 1015

2

ORAL EASEMENTS CREATE

Answer 1015

1. A LICENSE
2. RISK OF CREATING AN EASEMENT BY ESTOPPEL WHEN LICENSEE RELIES ON REPRESENTATION.

Question 1016

2

ORAL TRUST LIMITATIONS AND PROOF

Answer 1016

1. MAY ONLY BE FOR PERSONAL PROPERTY
2. MAY BE PROVED BY CLEAR AND CONVINCING EVIDENCE

Question 1017

6

ORDER OF ANALYZING ASSETS FOR COMMUNITY PROPERTY ESSAYS (NO GOOD SPOUSE SHOULD ACTUALLY DIVORCE)

Answer 1017

1. NAME OF ASSET
2. GENERAL PRESUMPTION
3. SPECIAL PRESUMPTION
4. STATUATORY PRESUMPTION
5. ACTIONS TAKEN
6. DISPOSITION OF ASSET

Question 1018

2

ORDER OF DECISIONS IN CALIFORNIA TRAIL (EQUITY AND FACT)

Answer 1018

1. COURT DECIDES EQUITABLE ISSUES FIRST
2. JURY DECIDES FACTS SECOND

Question 1019

2

ORDER OF DECISIONS IN FEDERAL TRIAL (LEGAL AND EQUITABLE)

Answer 1019

1. JURY DECIDES FACTS FIRST
2. JUDGE DECIDES EQUITY

Question 1020

6

ORDER OF GIFT ABATEMENT - FIRST ABATED TO LAST ABATED

Answer 1020

1. PROPERTY NOT DISPOSED OF IN WILL
2. RESIDUARY GIFTS
3. GENERAL GIFTS TO NONRELATIVES
4. GENERAL GIFTS TO RELATIVES
5. SPECIFIC GIFTS TO NONRELATIVES
6. SPECIFIC GIFTS TO RELATIVES

Question 1021

7

LANDLORD/TENANT QUESTIONS - ORDER OF TENANT STRING

Answer 1021

1. FIRST TENANTS LEASEHOLD
2. LANDLORD’S INTEREST
3. TENANT’S DUTIES - EXPRESS AND IMPLIED (RUNNING WITH LAND)
4. ASSIGNMENT OR SUBLEASE
5. SECOND TENANT IF APPLICABLE
6. PRIVITY OF CONTRACT VS. PRIVITY OF ESTATE
7. IMPLIED COVENANTS

Question 1022

3

ORGANIZATIONAL STANDING

Answer 1022

1. MEMBERS HAVE STANDING INDIVIDUALLY
2. INTERESTS ASSERTED RELATE TO ORGANIZATION’S PURPOSE
3. NO UNIQUE INJURY AMONG MEMBERS REQUIRING INDIVIDUAL PARTICIPATION

Question 1023

1

OUTCOME DETERMINATIVE TEST

Answer 1023

1. AN ISSUE THAT WILL CHANGE OR DIRECTLY AFFECT THE CASE’S OUTCOME IS SUBSTANTIVE

Question 1024

4

OUTSIDE WRITING MAY BE INCORPORATED BY REFERENCE INTO THE WILL WHERE:

Answer 1024

1. WRITING EXISTED WHEN WILL EXECUTED
2. WILL MANIFESTS INTENT TO INCORPORATE WRITING
3. WILL SUFFICIENTLY DESCRIBES WRITING TO IDENTIFY IT
4. WRITING ITSELF NEED NOT BE VALID

Question 1025

2

CONSPIRACY - MODERN OVERT ACT REQUIREMENT

Answer 1025

1. MODERNLY, MOST JURISDICTIONS REQUIRE AN OVERT ACT BE COMMITTED
2. IN FURTHERANCE OF THE CONSPIRACY’S CRIMINAL OBJECTIVE.

Question 1026

1

PANTS GO ON

Answer 1026

LEGS

Question 1027

5

UNDER THE PARAMOUNT CORPORATIONS RULE, A DIRECTOR MAY RESIST

Answer 1027

1. TENDER OFFERS
2. PROXY FIGHTS
3. AND OTHER TAKEOVER THREATS
4. WHERE THEY THREATEN CORPORATE STRATEGY

Question 1028

1

PAROL EVIDENCE RULE

Answer 1028

1. EVIDENCE OF PRIOR AGREMEENT MAY NOT BE INTRODUCED TO VARY OR CONTRADICT THE TERMS OF A FULLY INTEGRATED CONTRACT.

Question 1029

3

PARTNERSHIP - CONTRACTUAL RELATIONSHIPS WITH THIRD PARTIES AND AGENCY THEORY

Answer 1029

1. PARTNER’S ABILITY TO BIND THE PARTNERSHP IS BASED ON AGENCY THEORY
2. EACH PARTNER IS AN AGENT OF THE PARTNERSHIP
3. FOR PURPOSES OF CONDUCTING PARTNERSHIP BUSINESS

Question 1030

1

PARTNERSHIP AGREEMENTS - WHERE A PARTNERSHIP ISSUE IS NOT ADDRESSED,

Answer 1030

1. RUPA WILL GOVERN

Question 1031

3

PERSONAL LIABILITY OF PARTNERS FOR PARTNERSHIP DEBTS

Answer 1031

1. JOINTLY AND SEVERALLY LIABILITY FOR PARTNERSHP LIABILITIES
2. INDEMNIFICATION
3. CONTRIBUTION RIGHTS

Question 1032

1

PARTY ADMISSION

Answer 1032

1. Any statement made by a party is admissible if offered against the party.

Question 1033

5

PARTY NECESSARY FOR JUST ADUDICATION REQUIREMENTS (19A)

Answer 1033

1. COMPLETE RELIEF CANNOT BE ACCORDED TO THOSE ALREADY IN LAWSUIT
2. THE PARTY’S ABSENCE MAY IMPEDE HIS/HER ABILITY TO PROTECT INTEREST
3. RISK OF MULTIPLE OR INCONSISTENT OBLIGATIONS W/OUT PARTY
4. MISSING PARTY SUBJECT TO SERVICE OF PROCESS
5. JOINDER WON’T DESTROY DIVERSITY

Question 1034

2

REQUIREMENTS FOR SHAREHOLDER VALIDATION OF FUNDAMENTAL CORPORATE CHANGES

Answer 1034

1. MAJORITY VOTE
2. OF ALL OUTSTANDING SHARES TO VALIDATE

Question 1035

3

PATDOWN - PLAIN FEEL DOCTRINE

Answer 1035

1. DURING LAWFUL PAT-DOWN
2. OFFICER FEELS SOMETHING IMMEDIATELY RECOGNIZABLE AS CONTRABAND
3. OFFICER CAN SEIZE THE ITEM.

Question 1036

4

PAYMENTS TO WITNESSES GUIDELINES

Answer 1036

1. REIMBURSEMENT OF REASONABLE TRANSPORTATION, LOST WAGES AND ACCOMODATION OK
2. REIMBURSEMENT CAN’T BE CONTINGENT ON HELPFULNESS OF TESTIMONY
3. NO CONTINGENT PAYMENT OF AWARD
4. EXPERT FEES OK

Question 1037

1

PER CAPITA DISTRIBUTION

Answer 1037

1. EACH DESCENDENT TAKES AN EQUAL SHARE OF DECEDENT’S ASSETS

Question 1038

3

“PER SE” MINIMUM CONTACTS ARISE FROM DEFENDANT’S

Answer 1038

1. DIRECT CONTACT WITH THE FORUM STATE
2. CONTRACTING WITH A RESIDENT OF THE FORUM STATE
3. PUTTING A PRODUCT INTO STREAM OF COMMERCE IN THE STATE

Question 1039

2

PERFECT TENDER RULE - A SHIPMENT OF NON-CONFORMING GOODS WILL ALLOW SELLER TO

Answer 1039

1. ACCEPT NON-CONFORMING GOODS
2. REJECT NON-CONFORMING GOODS
3. CEASE PERFORMANCE

Question 1040

1

AFFECT OF PERFECT TENDER RULE ON NONBREACHING BUYER’S ABILITY TO ACCEPT OR REJECT NON-CONFORMING GOODS

Answer 1040

1. THE NONBREACHING BUYER MAY ACCEPT OR REJECT NONCONFORMING GOODS.

Question 1041

2

PERIODIC TENANCY - CREATED BY

Answer 1041

1. EXPRESSLY - MONTH TO MONTH CONTRACT OR
2. IMPLICATION

Question 1042

3

PERIODIC TENANCY - TERMINATION NOTICE REQUIREMENT

Answer 1042

1. BECAUSE SELF RENEWING, WRITTEN NOTICE
2. EQUAL TO LENGHTH OF LEASE
3. UNLESS YEARLY LEASE, THEN SIX MONTHS NOTICE IS REQUIRED

Question 1043

4

PERIODIC TENANCY IS CREATED BY IMPLICATION WHERE LEASE

Answer 1043

1. IS HELD OVER (HOLDOVER TENANCY)
2. HAS NO STATED END DATE
3. HAS AN ORAL TERM OF YEARS VIOLATING STATUTE OF FRAUDS
4. DOES NOT EXIST BUT PAYMENT OF REGULAR RENT

Question 1044

3

PERJURY IS THE CRIME OF

Answer 1044

1. WILLFULLY GIVING A FALSE STATEMENT
2. WITH THE SPECIFIC INTENT TO LIE UNDER OATH
3. IN A JUDICIAL PROCEEDING.

Question 1045

5

PERMANENT LEGAL INJUNCTION REQUIRES A SHOWING OF

Answer 1045

1. LEGAL REMEDY INADEQUATE
2. PROPERTY RIGHT INVOLVED /(MODERNLY PROTECTABLE INTEREST)
3. FEASIBILITY OF ENFORCEMENT
4. BALANCING OF HARDSHIPS IN FAVOR OF GRANTING
5. NO AVAILABLE DEFENSES AGAINST GRANTING INJUNCTION

Question 1046

2

PERMANENT SEPARATION OCCURS WHEN

Answer 1046

1. COUPLE PHYSICALLY SEPARATES
2. AND AT LEAST ONE OF THE SPOUSES INTENDS FOR SEPARATION TO BE PERMANENT

Question 1047

3

PERMISSIVE COUNTERCLAIMS ELEMENTS

Answer 1047

1. ARISING FROM A TRANSACTION OR OCCURENCE DIFFERENT THAN THE ONE GIVING RISE TO PLAINTIFF’S CLAIM
2. MAY BE RAISED IN PLAINTIFF’S CASE OR IN A SEPERATE MATTER
3. MUST HAVE AN INDEPENDENT SMJ SOURCE

Question 1048

2

PERMISSIVE INTERVENTION IS ALLOWED AT

Answer 1048

1. THE COURT’S DISCRETION
2. WHERE INTERVENOR HAS A CLAIM OR DEFENSE COMMON TO THE INSTANT CASE

Question 1049

1

PERMISSIVE WASTE

Answer 1049

1. PROPERTY IS POORLY OR NOT MAINTAINED

Question 1050

2

PERMISSIVE WITHDRAWAL BASED ON FINANCIAL BURDEN ONCE THE CASE IS IN LITIGATION

Answer 1050

1. WHERE AN UNREASONABLE FINANCIAL BURDEN EXISTS
2. ONCE COURT APPROVAL IS GIVEN

Question 1051

4

PERMISSIVE WITHDRAWAL TRIGGERS

Answer 1051

1. MENTAL OR PHYSICAL CONDITION MAKES REPRESENTATION DIFFICULT
2. CLIENT FREELY AGREES TO TERMINATION
3. CLIENT WANTS UNETHICAL OR MORALLY REPUGNANT COURSE OF ACTION THAT ATTORNEY DISAGREES WITH
4. CLIENT MAKES REPRESENTATION UNREASONABLY DIFFICULT TO CONTINUE

Question 1052

1

PERSONAL JURISDICTION

Answer 1052

1. JURISDICTION OVER THE PARTIES INVOLVED IN THE CASE

Question 1053

2

PERSONAL SATISFACTION AS AN EXPRESS MATERIAL CONDITION

Answer 1053

1. PARTIES MAY AGREE TO MAKE PERSONAL SATISFACTION AN EXPRESS MATERIAL CONDITION OF THE CONTRACT
2. CREATING NO LEGAL DUTY TO PAY WHEN BUYERS ARE NOT PERSONALLY SATISIFIED.

Question 1054

2

REQUIREMENT OF PERSONAL SATISFACTION WHERE NOT AN EXPRESS MATERIAL CONDITION OF THE CONTRACT

Answer 1054

1. COURTS GENERALLY HOLD PERSONAL SATISFACTION PROMISES TO BE COVENANTS TO PERFORM IN A MANNER SATIFSACTORY TO THE REASONABLE PERSON
2. UNLESS THE SERVICE TO BE RENDERED IS ONE HIGHLY SUBJECT TO PERSONAL TASTE.

Question 1055

2

PERSONAL SERVICE ELEMENTS

Answer 1055

1. OCCURS WHEN PERSONAL DELIVERY IS MADE TO DEFENDANT
2. PERSONAL SERVICE IS ALWAYS ADEQUATE SERVICE.

Question 1056

1

PRETERMITTED HEIR

Answer 1056

1. CHILD BORN AFTER EXECUTION OF WILL

Question 1057

2

PIERCING THE CORPORATE VEIL CAUSES- ALTER EGO

Answer 1057

1. CORPORATE FORMALITIES IGNORED
2. PERSONAL FUNDS COMMINGLED

Question 1058

1

PIERCING THE CORPORATE VEIL - ESTOPPEL

Answer 1058

1. DIRECTOR/OFFICER MADE A REPRESENTATION OF PERSONAL LIABILITY FOR CORPORATE DEBTS

Question 1059

2

PIERCING THE CORPORATE VEIL CAUSES - FRAUD - CORP WAS FORMED

Answer 1059

1. TO COMMIT FRAUD
2. TO SHIELD SHAREHOLDERS FROM EXISTING OBLIGATIONS

Question 1060

2

PIERCING THE CORPORATE VEIL CAUSES - UNDERCAPITALIZATION

Answer 1060

1. SHAREHOLDERS INVESTMENT AT TIME OF FORMATION
2. INSUFFICIENT TO COVER FORESEEABLE LIABILITIES

Question 1061

4

UNDER THE PINKERTON RULE, EACH MEMBER OF A CONSPIRACY IS

Answer 1061

1. VICARIOUSLY LIABLE
2. FOR THE CRIMINAL ACTS OF CO-CONSPIRATORS
3. WHERE THOSE ACTS WERE REASONABLY FORESEEABLE
4. AND DONE IN FURTHERANCE OF THE CRIMINAL OBJECTIVE.

Question 1062

1

PLAINTIFF DEMAND FOR JURY TRIAL IN FEDERAL CASE MUST BE MADE NO LATER THAN

Answer 1062

1. 14 DAYS AFTER SERVICE OF LAST PLEADING RAISING A TRIABLE ISSUE OF FACT.

Question 1063

2

POLICE CUSTODY OCCURS WHEN

Answer 1063

1. WHEN A IN THE PRESENCE OF A POLICE OFFICER
2. AND REASONABLE PERSON WOULD NOT FEEL FREE TO LEAVE.

Question 1064

1

POLICE MUST DO THIS BEFORE ENTERING PREMISES WITH A SEARCH WARRANT

Answer 1064

1. KNOCK AND ANNOUNCE

Question 1065

1

POSSIBLITY OF REVERTER - FUTURE INTEREST CONVEYED BY

Answer 1065

1. FEE SIMPLE DETERMINABLE

Question 1066

5

POTENTIAL LIMITATIONS ON CONTRACT DAMAGES

Answer 1066

1. CAUSATION
2. FORESEEABILITY
3. CERTAINTY
4. UNAVOIDABLE
5. LIQUIDATED DAMAGES CLAUSE

Question 1067

4

REQUIREMENTS TO GIVE AWARD OF

COMPENSATORY DAMAGES

Answer 1067

1. CAUSATION OF INJURY
2. FORSEEABLE BY REASONABLE PERSON
3. INJURY UNAVOIDABLE BY PLAINTIFF
4. DAMAGES CAN BE CALCULATED WITH CERTAINTY

Question 1068

2

POUR OVER WILL - TESTATOR CREATES BY

Answer 1068

1. CREATING INTER VIVOS TRUST
2. INCORPORATES TRUST INTO WILL BY REFERENCE, INDEPENDENT SIGNATURE OR STATUTE

Question 1069

3

POUR OVER WILL - VALIDITY REQUIREMENTS

Answer 1069

1. WILL IDENTIFIES INTER VIVOS TRUST
2. TERMS OF INTER VIVOS TRUST ARE SET FORTH IN INSTRUMENT BESIDES WILL
3. INTER VIVOS TRUST WAS EXECUTED CONCURRENTLY OR BEFORE WILL EXECUTION

Question 1070

1

POUR OVER WILL VALUE LIMIT IN CALIFORNIA

Answer 1070

1. 100,000

Question 1071

2

PRE-INCORPORATION PROMOTER DUTIES

Answer 1071

1. DUTY OF GOOD FAITH
2. DUTY OF NO SECRET DEALINGS FOR PERSONAL PROFIT

Question 1072

2

HOW LONG DOES A PRE-INCORPORATION PROMOTER STAY PERSONALLY LIABLE

FOR PRE-INC DEBT

Answer 1072

1. UNTIL NOVATION
2. OR CLEAR EVIDENCE PARTIES DIDN’T INTEND PERSONAL LAIBLITY

Question 1073

2

REMEDY THEORIES TO USE WHEN SEEKING DAMAGES FOR REASONABLE RELIANCE ON REEPRESENTATION OF PRE-INCORPORATION PROMOTER

Answer 1073

1. QUASI-CONTRACT
2. PROMOTER’S IMPLIED ADOPTION OF CONTRACT

Question 1074

2

PREDISPOSED DEFENDANT’S ABLITY TO RAISE DEFENSE OF ENTRAPMENT - JURISDICTIONAL SPLIT

Answer 1074

1. IN SOME JURISDICTIONS, A DEFENDANT PREDISPOSED TO COMMIT THE CRIME CHARGED CANNOT CLAIM THE DEFENSE OF ENTRAPMENT
2. OTHER JURISDICTIONS ALLLOW A PREDISPOSED DEFENDANT TO USE DEFENSE OF ENTRAPMENT WHERE POLICE CONDUCT WAS OUTRAGEOUS AND INSTIGATED THE CRIME.

Question 1075

4

PREEMPTIVE RIGHTS OF SHAREHOLDER REGARDING PERCENTAGE OF OWNERSHIP IN CORPORATION

Answer 1075

1. AT COMMON LAW, EXISTING SHAREHOLDER MAINTAINS HER PERCENTAGE OF OWNERSHIP
2. WHEN MORE STOCK WAS ISSUED
3. MODERNLY DOES NOT EXIST
4. UNLESS ARTICLES STATE OTHERWISE

Question 1076

4

PREJUDICIAL MISCONDUCT GIVING RISE TO GROUNDS FOR MOTION FOR NEW TRIAL MAY BE COMMITTED BY

Answer 1076

1. PARTY TO CASE
2. ATTORNEY
3. JUROR
4. THIRD PARTY

Question 1077

3

PRELIMINARY INJUNCTION REQUIRES A SHOWING OF

Answer 1077

1. NEED OF MAINTAINING STATUS QUO PRIOR TO TRIAL
2. BALANCING OF HARDSHIPS IN FAVOR OF GRANTING INJUNCTION
3. LIKELIHOOD OF SUCCESS OF MERITS ON UNDERLYING CLAIM

Question 1078

4

PREMARITAL AGREEMENT DISCLOSURE REQUIREMENTS - DISCLOSURE MUST BE

Answer 1078

1. COMPLETE
2. RECEIVED AT LEAST SEVEN DAYS BEFORE SIGNING
3. ADVISE RECIPIENT TO SEEK INDEPENDENT COUNSEL
4. IN LANGUAGE OF RECIPIENT’S UNDERSTANDING

Question 1079

2

PREMARITAL AGREEMENTS - CONTRACT LAW REQUIREMENTS

Answer 1079

1. AGREEMENT MUST BE SIGNED BY BOTH PARTIES
2. NO CONSIDERATION IS REQUIRED

Question 1080

1

PREMARITAL AGREEMENTS AND CHILD SUPPORT

Answer 1080

1. CHILD SUPPORT CANNOT BE WAIVED BY PREMARITAL AGREEMENT

Question 1081

7

PREMARITAL AGREEMENTS DEEMED INVOLUNTARY UNLESS

Answer 1081

1. SPOUSE TO BE HAD CAPACITY
2. NO DURESS
3. NO FRAUD
4. NO UNDUE INFLUENCE
5. PRESENTED WITH AGREEMENT AT LEAST SEVEN DAYS BEFORE SIGNING
6. ADVISED TO SEEK INDEPENDENT COUNSEL
7. WAIVED INDEPENDENT COUNSEL IN SEPARATE WRITING

Question 1082

7

PREMARITAL AGREEMENTS DEEMED INVOLUNTARY UNLESS

Answer 1082

1. HAD CAPACITY
2. NO DURESS
3. NO FRAUD
4. NO UNDUE INFLUENCE
5. PRESENTED WITH AGREEMENT AT LEAST SEVEN DAYS BEFORE SIGNING
6. ADVISED TO SEEK INDEPENDENT COUNSEL
7. WAIVED INDEPENDENT COUNSEL IN SEPARATE WRITING

Question 1083

1

THE PRESENT COVENANTS CONTAINED IN WARRANTY DEEDS ARE BREACHED AT THE TIME

Answer 1083

1. THE DEED IS DELIVERED

Question 1084

4

PRESENT RECOLLECTION REFRESHED

Answer 1084

1. WITNESS HAS INCOMPLETE RECOLLECTION
2. LEADING QUESTION OR WRITING
3. WITNESS REVIEWS WRITING AND RETURNS TO COUNSEL
4. WITNESS TESTIFIES AS TO PRESENT RECOLLECTION

Question 1085

2

PRESENT SENSE IMPRESSION EXCEPTION

Answer 1085

1. STATEMENT MADE DESCRIBING OR EXPLAINING EVENT OR CONDITION
2. MADE WHILE DECLARANT WAS PERCEIVING EVENT OR CONDITION, OR IMMEDIATELY THEREAFTER.

Question 1086

1

PRESUMPTION OF FRAUD OR UNDUE INFLUENCE BY BENEFICIARY OF DONATIVE TRANSFER REBUTTABLE WHERE

Answer 1086

1. CLEAR AND CONVINCING EVIDENCE

Question 1087

1

PRIMARY RIGHTS THEORY - CA

Answer 1087

1. SEPARATE CAUSE OF ACTION FOR EACH OF PRIMARY RIGHT.

Question 1088

2

AT COMMON LAW, PRINCIPAL IN THE SECOND DEGREE IS A PARTY WHO

Answer 1088

1. HELPS THE PRINCIPAL COMMIT THE CRIME
2. IS PRESENT DURING THE COMMISSION OF THE CRIME

Question 1089

3

PRINCIPAL IS LIABILE FOR ACTS OF INDEPENDENT CONTRACTORS WHERE

Answer 1089

1. ULTRAHAZARDOUS ACTIVITY
2. NONDELEGABLE DUTIES
3. PRINCIPAL HELD INDEPENDENT CONTRACTOR OUT AS AN AGENT (ESTOPPEL)

Question 1090

1

PRINCIPAL’S LIABILITY FOR AGENT’S TORTS

Answer 1090

1. WHERE TORTS COMMITTED IN SCOPE OF PRINCIPAL-AGENT RELATIONSHIP

Question 1091

3

PRIOR CONSISTENT STATEMENT AND HEARSAY

Answer 1091

1. NOT HEARSAY WHERE CONSISTENT STATEMENT OFFERED TO REBUT A CHARGE OF RECENT FABRICATION
2. MUST BE MADE BEFORE MOTIVE TO LIE CAME INTO BEING
3. STATEMENT DOES NOT NEED TO HAVE BEEN MADE UNDER OATH

Question 1092

4

PRIORITY OF DISTRIBUTION OF LIMITED PARTNERSHIP ASSETS UPON DISSOLUTION

Answer 1092

1. CREDITORS
2. DISTRIBUTIONS OWED
3. CAPITAL CONTRIBUTIONS
4. SHARES ALLOCATED PARTNERS AS PER PARTNERSHIP AGREEMENT

Question 1093

4

PRIORITY OF DIVIDEND DISTRIBUTION

Answer 1093

1. PREFERRED WITH DIVIDEND PREFERENCE
2. PREFERRED AND PARTICIPATING
3. PREFERRED AND CUMULATIVE
4. COMMON STOCK

Question 1094

2

PRIORITY OF LIENS AGAINST PROPERTY

Answer 1094

1. USUALLY IN CHRONOLOGICAL ORDER
2. PURCHASE MONEY MORTGAGE GETS FIRST PRIORITY

Question 1095

2

PRIORITY OF PLAINTIFF IN TAKING PROPERTY THROUGH CONSTRUCTIVE TRUST OR EQUITABLE LIEN

Answer 1095

1. BFP W/OUT NOTICE TAKES OVER PLAINTIFF
2. PLAINTIFF TAKES OVER UNSECURED CREDITORS

Question 1096

5

PRISONERS HAVE A RIGHT TO ACCESS TO

Answer 1096

1. LEGAL COUNSEL
2. COURTS
3. PRESS
4. MEDICAL CARE
5. HEARING FOR DENIAL OF PAROLE

Question 1097

2

PRIVATE ACTOR IMPLICATES STATE ACTION WHERE

Answer 1097

1. PERFORMING TRADITIONALLY PUBLIC FUNCTION
2. STATE ENTANGLED ITSELF IN PRIVATE ACTIVITY

Question 1098

1

PRIVATE CITIZEN’S RESIDENCE FOR VENUE IS ESTABLISHED BY

Answer 1098

1. CITIZEN’S DOMICILE

Question 1099

2

A DEFENDANT MAY RAISE THE DEFENSE OF PRIVATE NECESSITY WHERE HE ACTED TO PROTECT HIS OWN PROPERTY WHERE

Answer 1099

1. HE ACTED REASONABLY
2. BUT WILL BE LIABLE FOR ALL DAMAGE CAUSED

Question 1100

2

PROBABLE CAUSE FOR A SEARCH WARRANT IS

Answer 1100

1. MORE PROBABLE THAN NOT
2. INDICIA OF CRIMINAL ACTIVITY WILL BE AT PREMISES

Question 1101

3

PROBABLE CAUSE IS CAUSE

Answer 1101

1. SUFFICIENT TO ALLOW A REASONABLE PERSON TO BELIEVE
2. THAT THE DEFENDANT HAD COMMITTED
3. OR WAS IN THE PROCESS OF COMMITTING A CRIMINAL OFFENSE.

Question 1102

3

PROCEDURAL DUE PROCESS - UNDER THE FIFTH AMENDMENT, THE GOVERNMENT MUST PROVIDE

Answer 1102

1. FAIR PROCESS/PROCEDURE
2. BEFORE IT DEPRIVES A CITIZEN
3. LIFE, LIBERTY OR A PROPERTY INTEREST

Question 1103

3

PROCEDURAL DUE PROCESS - DEPRIVATION OF LIBERTY OCCURS WHERE GOVERNMENT ACTION

Answer 1103

1. RECKLESSLY OR INTENTIONALLY CAUSED
2. LOSS OF SIGNIFICANT FREEDOM
3. SECURED BY CONSTITUTION OR STATUTE

Question 1104

3

PROCEDURAL DUE PROCESS - WHERE A LIFE, LIBERTY OR PROPERTY INTEREST HAS BEEN IMPAIRED, EVALUATION OF NECESSITY FOR PROCESS IS A BALANCING TEST BETWEEN

Answer 1104

1. IMPORTANCE OF PRIVATE INTEREST AFFECTED
2. EXISTING SAFEGUARDS
3. IMPORTANCE OF INTEREST TO GOVERNMENT AND BURDEN PROCESS WILL CREATE.

Question 1105

4

PROCEDURAL DUE PROCESS - FAIR PROCESS FOR JUDICIAL MATTERS INCLUDES A RIGHT TO

Answer 1105

1. HEARING
2. COUNSEL
3. FAIR TRIAL
4. APPEAL

Question 1106

3

PROCEDURAL DUE PROCESS MINIMALLY REQUIRES THAT THE GOVERNMENT PROVIDE THE FOLLOWING BEFORE DEPRIVING AN INDIVIDUAL OF LIFE, LIBERTY OR PROPERTY

Answer 1106

1. NOTICE
2. OPPORTUNITY TO BE HEARD
3. BEFORE A NEUTRAL DECISION MAKER

Question 1107

3

AFTER BOARD ADOPTS A RESOLUTION TO MAKE FUNDAMENTAL STRUCTURE CHANGE OF CORP, THE PROCESS OF SHAREHOLDER APPROVAL OF CHANGE IS ACCOMPLISHED BY

Answer 1107

1. WRITTEN NOTICE TO SHAREHOLDERS OF PROPOSED RESOLUTION
2. SHAREHOLDERS APPROVE BY A MAJORITY OF ALL VOTES ENTITLED TO BE CAST

Question 1108

1

PROFIT

Answer 1108

1. ENTITLES OWNER TO GO ON SERVIENT ESTATE AND REMOVE A PRODUCT OF THE LAND ITSELF.

Question 1109

1

PROOF REQUIREMENT FOR DEFAMATORY STATEMENT ABOUT A MATTER OF PUBLIC CONCERN/PRIVATE INDIVIDUAL

Answer 1109

1. DEFENDANT FAILED TO USE REASONABLE CARE TO ASCERTAIN THE TRUTH OF THE STATEMENT

Question 1110

9

PROP 8 EXEMPTIONS

(DR MAMMAL COUNTS SHEEP)

Answer 1110

1. DEFENDANT MUST OPEN THE DOOR TO CHARACTER EVIDENCE
2. RAPE SHIELD LAWS STILL APPLY
3. NO CONTEMPT FOR MEMBER OF MEDIA
4. COURT STILL HAS POWER TO EXCLUDE FOR CEC 252
5. SECONDARY EVIDENCE RULE
6. HEARSAY
7. EXCLUSIONARY RULES FROM U.S. CONSTUTION
8. EXCLUSIONARY RULES PASSED BY 2/3 OF CA LEGISLATURE POST 1982
9. PRIVILEGES STILL APPLY

Question 1111

3

PROP. 8 FOR CRIMINAL COURTS

Answer 1111

1. ALL RELEVANT EVIDENCE IS ADMISSIBLE
2. EVEN WHERE INADMISSIBLE UNDER CEC
3. SUBJECT TO EXEMPTIONS

Question 1112

2

PROPER VENUE BASED ON WHERE DEFENDANT RESIDES - CALIFORNIA

Answer 1112

1. ANY COUNTY WHERE DEFENDANT RESIDES AT THE TIME OF FILING
2. IF NO DEFENDANT RESIDES IN CALIFORNIA, ANY COUNTY IS OK.

Question 1113

1

PROPERTY ACQUIRED POST SEPARATION IS TREATED AS

Answer 1113

1. SEPARATE PROPERTY

Question 1114

2

PROPERTY RIGHT REQUIREMENT FOR PERMANENT INJUNCTION

Answer 1114

1. AT COMMON LAW, PROPERTY REQUIRED
2. MODERNLY, IN CA, ANY RIGHT IS SUFFICIENT

Question 1115

4

WILL CONTRACTS - METHODS OF PROVING VALIDITY OF CONTRACT

Answer 1115

1. PROVISION IN WILL STATES MATERIAL PROVISIONS OF CONTRACT OR
2. EXPRESS REFERENCE IN WILL OR OTHER INSTRUMENT TO A CONTRACT W/EXTRINSIC EVIDENCE PROVING TERMS OR
3. WRITING SIGNED BY DECEDENT EVIDENCING CONTRACT OR
4. CLEAR AND CONVINCING EVIDENCE OF AGREEMENT ENFORCEABLE AT EQUITY

Question 1116

2

THESE TWO FORMS OF DEFAMATION DO NOT REQUIRE PROOF OF SPECIAL DAMAGES

Answer 1116

1. LIBEL
2. OR SLANDER PER SE

Question 1117

4

PROXIMATE CAUSE - TORTS

Answer 1117

1. AN EVENT LINKING TOGETHER TOGETHER A CHAIN OF EVENTS
2. UNBROKEN BY ANY UNFORESEEABLE INTERVENING EVENTS
3. THAT SO DIRECTLY, FORESEEABLY AND NATURALLY RESULTS IN THE PLAINTIFF’S INJURY
4. THE LAW IMPOSES CIVIL LIABILITY.

Question 1118

1

PUBLIC DISCLOSURE OF PRIVATE FACTS - LIABILITY ARISES WHERE

Answer 1118

1. DEFENDANT DISCLOSES PRIVATE FACTS ABOUT THE PLAINTIIFF THAT A REASONABLE PERSON WOULD FIND EMBARASSING.

Question 1119

2

PUBLIC NECESSITY TO PROTECT PROPERTY OF OTHERS CREATES

Answer 1119

1. ABSOLUTE PRIVILEGE
2. FOR REASONABLE ACTS

Question 1120

2

PUBLIC NUSIANCE - LIABILITY ARISES WHERE DEFENDANT

Answer 1120

1. CREATES UNREASONABLE INTERFERENCE
2. THAT PARTICULARLY INJURES PLAINTIFF’S USE AND ENJOYMENT OF PUBLIC RESOURCES

Question 1121

5

PUBLIC POLICY EXCLUSIONS TO LEGAL RELEVANCE

Answer 1121

1. EVIDENCE OF LIABILITY INSURANCE
2. SUBSEQUENT REMEDIAL MESAURES
3. SETTLEMENT OFFERS
4. GUILTY PLEAS WITHDRAWN
5. OFFERS TO PAY MEDICAL EXPENSES

Question 1122

1

PUBLIC RECORDS EXCEPTION BETWEEN FRE AND CEC

Answer 1122

1. PROSECUTION MAY USE RECORDS OF CRIMINAL INVESTIGATION

Question 1123

3

PUBLIC RECORDS EXCEPTION APPLY TO - OAF

Answer 1123

1. OBSERVATIONS OF PUBLIC OFFICIAL
2. ACTIVITIES OF OFFICE OR AGENCY
3. FACTUAL FINDINGS FROM OFFICIAL INVESTIGATION.

Question 1124

1

PUBLIC RECORDS EXCEPTION AND CRIMINAL INVESTIGATION

Answer 1124

1. MATTERS OBSERVED BY POLICE OFFICERS AND OHTER LAW ENFORCEMENT ARE NOT ADMISSIBLE UNDER THE PUBLIC RECORDS HEARSAY EXCEPTION.

Question 1125

2

PUBLIC SAFETY EXCEPTION TO MIRANDA

Answer 1125

1. RESPONSES TO CUSTODIAL INTERROGATION PROMPTED BY REASONABLE CONCERN FOR PUBLIC SAFETY
2. ARE NOT INADMISSIBLE UNDER MIRANDA.

Question 1126

2

PUNITIVE DAMAGES

Answer 1126

1. NOT AWARDED FOR BREACH
2. UNLESS RELATED TO AN INDEPENDENT TORT

Question 1127

1

PUNITIVE DAMAGES AND PROPORTIONALITY TO OTHER DAMAGES

Answer 1127

1. PUNITIVE DAMAGES MUST MAINTAIN RELATIVE PROPORTIONALITY TO OTHER DAMAGE AWARDS

Question 1128

4

PUNITIVE DAMAGES ARE AWARDED WHERE THE COURT FINDS DEFENDANT ACTED WITH

Answer 1128

1. FRAUD
2. OPPRESSION
3. MALICE
4. GROSS NEGLIGENCE

Question 1129

3

PUNITIVE DAMAGES ONLY AWARDED WHERE DEFENDANT ACTED WITH

Answer 1129

1. MALICE
2. OPPRESSION
3. OR FRAUD

Question 1130

1

PUNITIVE DAMAGES WILL ONLY BE AWARDED WHERE

Answer 1130

1. OTHER DAMAGES ARE ALSO AWARDED

Question 1131

3

A PURCHASE MONEY MORTGAGE IS THE

Answer 1131

1. MORTGAGE FUNDING THE ORIGINAL PURCHASE OF PROPRERTY
2. GETS FIRST PRIORITY TO PROCEEDS OF FORECLOSURE SALE
3. BUT MAY NOT TAKE A DEFAULT FOR ANY BALANCE OWED

Question 1132

4

PURCHASE MONEY RESULTING TRUST ELEMENTS

Answer 1132

1. BENEFICIARY PAYS CONSIDERATION FOR PROPERTY
2. TITLE IS TAKEN IN THE NAME OF THIRD PARTY
3. THIRD PARTY BECOMES TRUSTEE
4. OF PROPRERTY NOW CONSIDERED TO BE IN PURCHASE MONEY RESULTING TRUST

Question 1133

1

PURCHASING A TICKET CREATES THIS CONTRACTUAL RIGHT

Answer 1133

1. A LICENSE

Question 1134

2

PURE ECONOMIC LOSS IN TORT RECOVERY

Answer 1134

1. NOT USUALLLY RECOVERABLE ABSENT A SHOWING OF PROPERTY LOSS OR PERSONAL INJURY
2. UNLESS TORT OF INTENTIONAL INTERFERENCE WITH BUSINESS RELATIONS

Question 1135

3

EXCLUSIONARY RULE - PURGED TAINT EXCEPTION WILL APPLY WHERE THERE ARE

Answer 1135

1. TOO MANY INTERVENING FACTORS
2. BETWEEN ORIGINAL ILLEGALITY
3. AND THE FINAL DISCOVERY OF EVIDENCE
4. MAKING LINK BETWEEN THE ORIGINAL ILLEGALITY AND THE DISCOVERY OF EVIDENCE TOO TENUOUS.

Question 1136

2

PUTATIVE SPOUSES OCCUR WHEN

Answer 1136

1. MARRIAGE IS VOID OR INVALID
2. BUT ONE OR BOTH SPOUSES HAVE A GOOD FAITH BELIEF THAT MARRIAGE WAS VALID

Question 1137

1

QUANTUM MERUIT IS THIS TYPE OF CONTRACT

Answer 1137

1. IMPLIED-IN-FACT

Question 1138

2

QUASI-COMMUNITY PROPERTY

Answer 1138

1. PROPERTY ACQUIRED BY SPOUSE WHILE DOMICILED ELSEWHERE
2. WHICH WOULD HAVE BEEN CP IF ACQUIRED WHILE DOMICILED IN CA

Question 1139

3

QUASI-CONTRACT OR IMPLIED-IN-LAW-CONTRACT

Answer 1139

1. NO LEGAL CONTRACT EXISTED
2. DEFENDANT DERIVED A BENEFIT FROM PLAINTIFF
3. JUSTICE DEMANDS DEFENDANT COMPENSATE PLAINTIFF FOR BENEFIT

Question 1140

2

AVAILABILITY OF QUASI-CONTRACT REMEDY TO DEFENDANT

Answer 1140

1. AT COMMON LAW, QUASI-CONTRACT NOT AVAILABLE TO DEFENDANT
2. MODERNLY, AND IN CA, QUASI-CONTRACT IS AVAILABLE REMEDY TO DEFENDANT

Question 1141

3

QUASI-CONTRACT SCENARIOS

Answer 1141

1. NO ATTEMPT TO CONTRACT
2. UNENFORCEABLE CONTRACT
3. BREACHED CONTRACT

Question 1142

3

QUASI-MARITAL PROPERTY IS PROPERTY AQUIRED DURING

Answer 1142

1. A VOID OR VOIDABLE MARRIAGE
2. BELONGING TO A PUTATIVE SPOUSE
3. WOULD HAVE BEEN CP OR QCP IF MARRIAGE WAS VALID

Question 1143

2

QUITCLAIM DEED

Answer 1143

1. CONVEYS WHATEVER INTEREST GRANTOR ACTUALLY HAS IN TITLE
2. CONTAINS NO COVENANTS OF TITLE

Question 1144

1

QUORUM OF SHAREHOLDERS

Answer 1144

1. MAJORITY PERCENTAGE OF OUTSTANDING SHARES REPRESENTED

Question 1145

2

QUORUM OF BOARD OF DIRECTORS - A QUORUM IS A

Answer 1145

1. MAJORITY OF THE BOARD
2. WHO DOES NOT HAVE INTEREST IN ACTION

Question 1146

1

RACE STATUTE

Answer 1146

1. FIRST TO RECORD WINS

Question 1147

1

RACE-NOTICE STATUTE

Answer 1147

1. SUBSEQUENT BFP THAT RECORDS FIRST PREVAILS OVER GRANTEE THAT DIDN’T RECORD FIRST

Question 1148

2

RANDOM AUTOMOBILE STOPS ARE OK IF

Answer 1148

1. STOP IS BASED ON NEUTRAL STANDARD
2. STOPS ARE RELATED TO REASONABLE SUSPICION RELATED TO VEHICLE SAFETY

Question 1149

1

RAPE SHIELD - CEC- DEFENDANT MAY ONLY USE INSTANCES OF PLAINTIFF’S FORMER SEXUAL CONDUCT TO PROVE

Answer 1149

1. PRIOR INSTANCES OF SEXUAL CONTACT WITH DEFENDANT

Question 1150

1

RAPE SHIELD - FRE - CIVIL CASE - EVIDENCE RE PLAINTIFF’S REPUTATION MAY ONLY BE ADMITTED WHERE

Answer 1150

1. PLAINTIFF PUTS IT AT ISSUE

Question 1151

1

RAPE SHIELD - FRE - CIVIL CASE - REPUTATION, SPECIFIC ACTS AND OPININON ARE ONLY ADMISSIBLE WHERE

Answer 1151

1. PROBATIVE VALUE OUTWEIGHS PREJUDICE

Question 1152

2

RATIFICATION

Answer 1152

1. THE ACT OF AFFIRMING A PREVIOUSLY VOIDABLE CONTRACT
2. MAKING IT ENFORCEABLE AT LAW AGAINST RATIFYING PARTY.

Question 1153

4

STEPS FOR PRINCIPAL RATIFYING

AGENT’S UNAUTHORIZED ACTS - PRINCIPAL

Answer 1153

1. HAS CAPACITY
2. HAS KNOWLEDGE OF ACTS
3. ENGAGES IN CONDUCT APPROVING ACTS
4. OR ACCEPTS THE TRANSACTION

Question 1154

2

REAL COVENANT -

WHERE BFP FOR VALUE HAS NO NOTICE, HE WILL NOT BE

Answer 1154

1. BOUND BY A REAL COVENANT
2. BURDENING THE LAND

Question 1155

1

REAL COVENANT - HORIZONTAL PRIVITY REQUIREMETN

Answer 1155

1. THE ORIGINAL COVENANTING PARTIES SHARED AN INTEREST IN THE LAND INDEPENDENT OF THE COVENANT.

Question 1156

1

REAL COVENANT - INTENT REQUIREMENT

Answer 1156

1. ORIGINAL CONVENANTING PARTIES MUST HAVE INTENDED SUCCESSORS-IN-INTEREST TO BE BOUND BY THE COVENANT.

Question 1157

2

REAL COVENANT - CL AND MODERN NOTICE REQUIREMENT FOR A BURDEN TO RUN WITH THE LAND

Answer 1157

1. AT COMMON LAW, NO NOTICE REQUIREMENT
2. MODERNLY, ACTUAL, CONSTRUCTIVE OR QUERY NOTICE REQUIRED.

Question 1158

3

REAL COVENANT - REQUIREMENTS FOR A BENEFIT TO RUN WITH THE LAND

Answer 1158

1. INTENT
2. TOUCH AND CONCERN
3. VERTICAL PRIVITY

Question 1159

5

REAL COVENANT - REQUIREMENTS FOR THE BURDEN TO RUN WITH THE LAND

Answer 1159

1. NOTICE
2. INTENT
3. TOUCH AND CONCERNS
4. VERTICAL PRIVITY
5. HORIZONTAL PRIVITY

Question 1160

1

REAL COVENANT - TOUCH AND CONCERN REQUIREMENT - THE COVENANT MUST

Answer 1160

1. DIRECTLY RELATE TO THE USE AND ENJOYMENT OF THE LAND.

Question 1161

1

REAL COVENANT - VERTICAL PRIVITY REQUIREMENT

Answer 1161

1. SUCCESSOR IN INTEREST MUST OWN THE ENTIRE ESTATE OWNED BY THE ORIGINAL COVENANTING PARTY.

Question 1162

1

REAL COVENANT DEFINITION

Answer 1162

1. WRITTEN CONTRACT PROMISE CONCERNING USE OF AND ENJOYMENT OF PROPERTY

Question 1163

2

REAL EVIDENCE MAY BE AUTHENTICATED BY

Answer 1163

1. DISTINCTIVE CHARACTERISTICS
2. CHAIN OF CUSTODY

Question 1164

2

REASONABILITY REQUIREMENT FOR DEFENSE OF NECESSITY PRIVILEGE TO EXIST

Answer 1164

1. VALUE OF PROPERTY DEFENDED MUST OUTWEIGH
2. VALUE OF DAMAGE CAUSED BY DEFENSE

Question 1165

2

REASONABLE PERSON STANDARD FOR FINDING CONTRACTUAL INTENT

Answer 1165

1. WHERE A REASONABLE PERSON WOULD CONCLUDE A WILLINGNESS TO ENTER A BARGAIN FROM THE PARTIES’ WORDS AND ACTIONS
2. SUFFICIENT INTENT TO ENTER A CONTRACT WILL BE FOUND

Question 1166

4

EQUITY - REASONS FOR REMEDY INADEQUATE AT LAW

Answer 1166

1. INSOLVENT DEFENDANT
2. REPLEVIN CAN’T WORK BECAUSE PROPERTY SOLD
3. PROPERTY IS UNIQUE
4. MONEY DAMAGES TOO SPECULATIVE

Question 1167

3

RECAPTURE OF CHATTELS, DEFENDANT MAY ENTER WRONGDOER’S LAND

Answer 1167

1. AFTER MAKING REASONABLE DEMAND FOR RETURN
2. MAKE ENTRY IN REASONABLE MANNER
3. AT REASONABLE TIME

Question 1168

2

RECEIVING STOLEN PROPERTY IS THE CRIME OF

Answer 1168

1. POSSESSING PROPERY KNOWN TO BE STOLEN
2. WITH THE INTENT TO PERMANENTLY DEPRIVE THE OWNER OF RIGHTFUL POSSESSION OF THE SAME.

Question 1169

2

RECKLESSNESS

Answer 1169

1. RECKLESSNESS IS A DELIBERATE ACT THAT CREATES EXTREME RISK TO OTHERS
2. GROSSLY DEVIATING FROM THE AMOUNT OF RISK A REASONABLE PERSON WOULD CREATE IN A SIMILAR SITUATION.

Question 1170

2

RECOGNIZING MARRIAGES FROM OTHER JURISDICTIONS

Answer 1170

1. CA WILL RECOGNIZE MARRIAGE
2. WHERE MARRIAGE IS VALID IN THE JURISDICTION OF ORIGIN

Question 1171

1

RECORD/CONSTRUCTIVE NOTICE OF TRANSACTION

Answer 1171

1. PRIOR INTEREST WAS PROPERLY RECORED WITHIN CHAIN OF TITLE

Question 1172

4

RECORDED RECOLLECTION EXCEPTION

Answer 1172

1. RECORD CONTAINS MATTERS ABOUT WHICH WITNESS ONCE HAD FIRST HAND KNOWLEDGE
2. MADE WHEN MATTER STILL FRESH IN WITNESS’ MEMORY
3. WITNESS TESTIFIES MEMORY IS NOW INSUFFICIENT
4. BUT RECORD IS ACCURATE

Question 1173

3

TYPES OF RECORDING ACTS

Answer 1173

1. NOTICE STATUTE
2. RACE STATUTE
3. RACE-NOTICE STATUTE

Question 1174

4

RECORDING STATUTES PARAGRAPH

Answer 1174

1. AT COMMON LAW, WHEN GRANTOR CONVEYED PROPERTY TWICE,
2. GRANTEE FIRST IN TIME USUALLY PREVAILED.
3. MODERNLY, RECORDING ACTS CHANGE THAT OUTCOME
4. IN SOME CIRCUMSTANCES.

Question 1175

2

RECORDS OF RELIGIOUS ORGANIZATIONS HEARSAY EXCEPTION

Answer 1175

1. REGULARLY KEPT RECORDS OF RELIGIOUS ORGANIZATIONS
2. WITH FACTS OF PERSONAL OR FAMILY HISTORY

Question 1176

3

RECORDS OF VITAL STATISTICS EXCEPTION

Answer 1176

1. RECORDS OF DEATHS, BIRTHS AND MARRIAGES NON HEARSAY
2. WHERE REPORT MADE TO PUBLIC OFFICE
3. IN ACCORDANCE WITH REQUIREMENTS OF LAW

Question 1177

3

RECOVERY OF SPECIAL DAMAGES FOR CONVERSION TORT

Answer 1177

1. CIRCUMSTANCES SHOW THAT A MEASURE BEYOND VALUE IS APPROPRIATE
2. FORESEEABLE SPECIAL HARM COULD RESULT FROM CONVERSION
3. HARM WAS UNAVOIDABLE BY PLAINTIFF

Question 1178

2

RECOVERY OF UNPAID FEES

Answer 1178

1. MAY RECOVER FEES WHERE FIRED BY CLIENT
2. MAY NOT RECOVER FEES WITH WITHDRAWN

Question 1179

3

RESULT OF CONTRACT REFORMATION

Answer 1179

1. COURT REWRITES CONTRACT
2. TO REFLECT PARTIES’ INTENT
3. BECAUSE THE ORIGINAL CONTRACT DID NOT DO SO.

Question 1180

1

REGISTERED DOMESTIC PARTNERSHIPS

Answer 1180

1. REGISTERED DOMESTIC PARTNERS ARE AFFORDED SAME RIGHTS AND PROTECTIONS AS MARRIED PARTNERS

Question 1181

1

REGISTERED DOMESTIC PARTNERSHIPS

Answer 1181

1. REGISTERED DOMESTIC PARTNERS ARE AFFORDED SAME RIGHTS AND PROTECTIONS AS MARRIED PARTNERS

Question 1182

4

REIMBURSEMENT RIGHTS FOR SPOUSE A’S CONTRIBUTIONS OF SEPARATE PROPERTY TO SPOUSE B’S SEPARATE PROPERTY

Answer 1182

1. WHERE TRACEABLE
2. WITHOUT INTEREST
3. UNLESS WRITTEN WAIVER OF REIMBURSEMENT
4. OR WRITTEN TRANSMUTATION

Question 1183

3

REIMBURSEMENT RIGHTS OF SEPARATE ESTATE FOR CONTRIBUTIONS TO COMMUNITY ESTATE

Answer 1183

1. WITHOUT INTEREST
2. WHERE FUNDS TRACEABLE
3. ONLY FOR DIP

Question 1184

3

REIMBURSEMENT RIGHTS OF SEPARATE ESTATE FOR CONTRIBUTIONS TO COMMUNITY ESTATE

Answer 1184

1. WITHOUT INTEREST
2. WHERE FUNDS TRACEABLE
3. ONLY FOR DIP

Question 1185

2

RELATING BACK AND CALIFORNIA DOE AMENDMENTS

Answer 1185

1. IF CA PLAINTIFF IDENTIFIES THE DOE WITHIN THREE YEARS OF FILING ORIGINAL COMPLAINT
2. AMENDED COMPLAINT WILL “RELATE BACK” TO ORIGINAL FILING DATE.

Question 1186

2

RELATION BACK DOCTRINE FOR UNNAMED DEFENDANTS

Answer 1186

1. RELATES AMENDED COMPLAINT BACK TO ORIGINAL DATE OF COMPLAINT FILING
2. ALLOWING PLAINTIFF TO INCLUDE DEFENDANT DESPITE STATUTE OF LIMITATIONS ISSUES

Question 1187

4

RELATION BACK DOCTRINE - AMENDMENT TO ADD CAUSE OF ACTION TO EXISTING DEFENDANT IN FEDERAL COURT WHERE

Answer 1187

1. ORIGINAL COMPLAINT TIMELY FILED
2. ARISES OUT OF SAME TRANSACTION OR OCCURRENCE
3. COURT LEAVE IS GRANTED
4. COURT SHOULD FREELY GRANT LEAVE WHEN JUSTICE SO REQUIRES

Question 1188

2

RELATION BACK DOCTRINE - AMENDMENT OF CLAIM TO INCLUDE PARTY ALLOWED WHERE

Answer 1188

1. must concern the same conduct, transaction, or occurrence,
2. Plaintiff mistakenly sued the incorrect party
3. The new party knew or should have known a claim would have been made against them.
4. party receives notice within 90 days of filing of original complaint so as not to be prejudiced

Question 1189

5

EVIDENCE IS LOGICALLY RELEVANT WHERE IT HAS

Answer 1189

1. ANY TENDENCY
2. TO MAKE A MATERIAL FACT OF CONSEQUENCE
3. MORE OR LESS PROBABLE
4. THAN IT WOULD BE
5. WITHOUT THE EVIDENCE

Question 1190

2

RELIANCE DAMAGES AWARD PLAINTIFF THE COST

Answer 1190

1. OF HIS PERFORMANCE

Question 1191

1

RELIANCE DAMAGES SEEK TO RETURN THE PLAITNIFF TO THE POSITION HE WAS IN

Answer 1191

1. BEFORE THE CONTRACT WAS MADE.

Question 1192

2

RELIANCE DAMAGES AWARD PLAINTIFF THE COST

Answer 1192

1. OF HIS PERFORMANCE

Question 1193

4

REMAINDER ELEMENTS

Answer 1193

1. FUTURE INTEREST HELD BY A THIRD PARTY
2. BECOMES POSSESSORY AT EXPIRATION OF A PRIOR POSESSORY ESTATE
3. CANNOT DIVEST PRESENT INTEREST HOLDER OF POSSESSORY RIGHTS.
4. NEVER FOLLOWS A DEFEASIBLE FEE.

Question 1194

2

REMAINDER INTEREST (TRUSTS)

Answer 1194

1. A FUTURE INTEREST
2. IN THE PROPERTY LEFT IN TRUST AFTER DEVISES ARE GIVEN TO THE INTENDED BENEFICIARIES

Question 1195

2

REMAND TIMING REQUIREMENTS

Answer 1195

1. PLAINTIFF MUST FILE W/IN 30 DAYS OF NOTICE OF REMOVAL FOR A DEFECT BESIDE NO SMJ
2. FOR SMJ DEFECT, REMAND IS OK AT ANY TIME

Question 1196

2

REMEDIES FOR ACTUAL PARTIAL EVICTION

Answer 1196

1. TENANT MAY WITHHOLD ENTIRE RENT
2. TENANT DOES NOT HAVE TO MOVE OUT

Question 1197

2

REMEDIES FOR AMELIORATIVE WASTE CAUSED BY LIFE TENANT

Answer 1197

1. NO DAMAGES BECAUSE NO DIMINUTION IN VALUE
2. INJUNCTION MAY BE GRANTED

Question 1198

3

AGENT’S REMEDIES FOR PRINCIPAL’S BREACH

Answer 1198

1. TERMINATE AGENCY RELATIONSHIP
2. CONTRACT DAMAGES FOR BREACH
3. POSSESSORY LIEN FOR MONEY DUE

Question 1199

2

REMEDIES FOR BREACH OF LAND SALE CONTRACT

Answer 1199

1. DAMAGES
2. SPECIFIC PERFORMANCE (MORE COMMON)

Question 1200

3

REMEDIES FOR ENCROACHMENT

Answer 1200

1. DAMAGES
2. EJECTMENT
3. INJUNCTION

Question 1201

5

PRINCIPAL’S AVAILABLE REMEDIES FOR BREACH BY AGENT

Answer 1201

1. TERMINATE RELATIONSHIP
2. WITHHOLD COMPENSATION
3. SEEK CONTRACT REMEDIES
4. SEEK TORT DAMAGES
5. SEEK INDEMNITY FOR LIABILITY FOR ACTIONS BEYOND SCOPE OF AGENCY

Question 1202

1

REMEDY FOR BREACH OF REAL COVENANT

Answer 1202

1. MONETARY DAMAGES

Question 1203

3

REMEDY FOR MISUSE OF EASEMENT

Answer 1203

1. INJUNCTION
2. DAMAGES
3. NOT REMOVAL OF EASEMENT

Question 1204

1

REMEDY FOR SUBAGENT’S BREACH

Answer 1204

1. AGENT IS LIABLE TO PRINCIPAL FOR SUBAGENT’S BREACH

Question 1205

2

REMEDY FOR

USURPING BUSINESS OPPORTUNITY FROM CORPORATION

Answer 1205

1. COMPELLED TURNOVER OF BUSINESS OPPORTUNITY TO CORPORATION
2. DISGORGEMENT OF PROFITS GAINED FROM USURPRING OPPORTUNITY (TO CORP)

Question 1206

2

REMEDY FOR VIOLATING 10b-5 (INSIDER TRADING)

Answer 1206

1. DIFFERENCE BETWEEN PROCEEDS AND HONEST TRADE
2. MUST BE DISGORGED TO CORPORATION

Question 1207

3

REMEDY FOR VOLUNTARY WASTE

Answer 1207

1. DIMINUTION IN VALUE
2. COST OF REPAIR
3. AND/OR INJUNCTION

Question 1208

1

REMEDY OF A NONBREACHING LOST VOLUME SELLER UNDER THE UCC

Answer 1208

1. THE LOST VOLUME SELLER MAY DEMAND THE EXPECTED SALES AND PROFIT UNDER THE CONTRACT.

Question 1209

1

REMEDY OF NON-BREACHING LOST VOLUME SELLER

Answer 1209

1. DEMAND THE EXPECTED PROFIT OF THE CONTRACT

Question 1210

3

REMEDY OF NON-BREACHING SELLER OF REJECTED CONFORMING GOODS UNDER THE UCC

Answer 1210

1. AFTER NOTICE TO THE BREACHING BUYER
2. MAY SALE THE GOODS AT A PUBLIC OR OR PRIVATE SALVAGE SALE
3. DEMAND THE EXCESS OF THE CONTRACT PRICE OVER THE SALVAGE SALE PRICE FROM BREACHING BUYER

Question 1211

6

REMEDY OPTIONS FOR BREACH OF TRUST

Answer 1211

1. DAMAGES
2. CONSTRUCTIVE TRUST
3. TRACING AND EQUITABLE LIEN
4. RATIFY TRANSACTION AND WAIVE BREACH
5. SUE FOR RESULTING LOSS
6. REMOVE TRUSTEE

Question 1212

2

REMITTUR ELEMENTS

Answer 1212

1. JUDGE FINDS DAMAGE AWARD EXCESSIVE
2. ORDERS NEW TRIAL FOR DEFENDANT UNLESS PLAINTIFF ACCEPTS REDUCED DAMAGE AWARD.

Question 1213

2

REMOVAL JURISIDICTION

Answer 1213

1. DEFENDANT’S RIGHT
2. TO REMOVE CASE FROM STATE COURT TO FEDERAL COURT

Question 1214

2

REMOVAL TIMING LIMITS

Answer 1214

1. MOTION TO REMOVE MUST BE FILED W/IN 30 DAYS AFTER FILING FIRST REMOVEABLE PLEADING
2. MUST HAPPEN W/IN YEAR OF CASE FILING

Question 1215

3

RENEWED JUDGMENT AS A MATTER OF LAW - FEDERAL

Answer 1215

1. PARTY MUST HAVE FILED A JMOL
2. FILED AFTER JURY REACHES VERDICT
3. ASKING FOR JUDGMENT AS A MATTER OF LAW BECAUSE REASONABLE PEOPLE COULD NOT DISAGREE W/RESULT

Question 1216

1

REPLEVIN

Answer 1216

1. RECOVERY, BEFORE TRIAL, OF A SPECIFIC CHATTEL WRONGLY TAKEN

Question 1217

1

REPRESENTATION OF A CLIENT IN AN ACTION AGAINST A FORMER CLIENT IS OK WHERE

Answer 1217

1. NO MATTERS IN PRESENT CASE ARE RELEVANT TO PREVIOUS CASE

Question 1218

3

REPUTATION CONCERNING BOUNDARIES EXCEPTION

Answer 1218

1. COMMUNITY REPUTATION ABOUT BOUNDARIES
2. OR CUSTOMS AFFECTING LANDS
3. OR EVENTS OF GENERAL HISTORY IMPORTANT TO COMMUNITY.

Question 1219

1

REPUTATION CONCERNING CHARACTER - HEARSAY EXCEPTION

Answer 1219

1. REPUTATION AMONG THE COMMUNITY CONCERNING A PERSON’S CHARACTER.

Question 1220

6

REQUIRED SHOWINGS FOR SPECIFIC PERFORMANCE

Answer 1220

1. INADEQUATE REMEDY AT LAW
2. VALID CONTRACT WITH DEFINITE AND CERTAIN TERMS CAPABLE OF ENFORCEMENT
3. SATISFACTION OF PLAINTIFF’S CONTRACT DUTIES
4. MUTUALITY OF PERFORMANCE
5. FEASIBILITY OF ENFORCEMENT
6. NO AVAILABLE DEFENSES

Question 1221

4

REQUIRED ANSWER RESPONSES TO FEDERAL COMPLAINT ALLEGATIONS - DEFENDANT MUST EITHER

Answer 1221

1. DENY
2. ADMIT
3. STATE LACK OF INFORMATION TO DENY OR ADMIT
4. ASSERT ANY AFFIRMATIVE DEFENSES

Question 1222

1

REQUIREMENT FOR CRIMINAL MAKING MALPRACTICE CLAIM

Answer 1222

1. CRIMINAL MUST HAVE COLORABLE CLAIM OF INNOCENCE

Question 1223

2

REQUIREMENT FOR LAWYERS WITH BUSINESS INTERESTS ADVERSE TO CLIENT

Answer 1223

1. ADVISE CLIENT TO SEEK INDEPENDENT COUNSEL
2. GET WAIVER FROM CLIENT IN WRITING

Question 1224

3

REQUIREMENT FOR RECOVERING PUNITIVE DAMAGES FOR DEFAMATION - PLAINTIFF MUST PROVE

Answer 1224

1. ACTUAL MALICE
2. FALSE STATEMENT WAS MADE WITH KNOWLEDGE OF THE STATEMENT’S FALSITY
3. OR BLATANT DISREGARD FOR THE TRUTH

Question 1225

5

REQUIREMENTS FOR A VALID SEARCH WARRANT

Answer 1225

1. ISSUED BY A NEUTRAL AND DETACHED JUDICIAL OFFICER
2. PROBABLE CAUSE
3. IDENTIFY AREA TO BE SEARCHED
4. IDENTIFY PROPERTY TO BE SEIZED
5. LIMITED IN DURATION

Question 1226

6

REQUIREMENTS FOR A VALID TRUST

Answer 1226

1. SETTLOR
2. PRESENT INTENT TO CREATE TRUST
3. IDENTIFIABLE EXISTING PROPERTY (RES)
4. LEGAL PURPOSE NOT AGAINST PUBLIC POLICY
5. IDENTIFIABLE BENEFICIARIES
6. TRUSTEE NEED NOT BE NAMED

Question 1227

5

FOR A COURT TO HEAR A CASE - IT MUST

PS VED

Answer 1227

1. HAVE JURISDICTION OVER THE PARTIES IN THE CASE (PJ)
2. HAVE JURISDICTION OVER THE SUBJECT MATTER OF THE CASE (SMJ)
3. BE THE PROPER VENUE FOR THE CASE (VENUE)
4. APPLY THE PROPER LAW FOR THE CASE (ERIE)
5. THE DEFENDANT MUST HAVE NOTICE OF THE CASE (DUE PROCESS)

Question 1228

3

REQUIREMENTS FOR REFORMATION

Answer 1228

1. VALID CONTRACT MUST EXIST
2. GROUNDS MUST EXIST
3. NO AVAILABLE DEFENSES

Question 1229

4

REQUIREMENTS FOR RES JUDICATA/CLAIM PRECLUSION

FAPS

Answer 1229

1. FINAL JUDGMENT ON THE MERITS
2. CLAIM WAS ACTUALLY OR COULD HAVE BEEN LITIGATED
3. SAME PARTIES OR PRIVIES TO THE LITIGATION
4. BOTH CASES ASSERT THE SAME CLAIM

Question 1230

2

REQUIREMENTS FOR SHAREHOLDER VOTES ON BOARD CHANGES, CORPORATE ACTIONS

Answer 1230

1. QUORUM (MAJORITY OF OUTSTANDING SHARES) MUST HAVE VOTED
2. THE MAJORITY OF THOSE VOTES WERE CAST IN FAVOR OF THE ACTION.

Question 1231

1

REQUIREMENT FOR VOLUNTARY CORPORATE DISSOLUTION

Answer 1231

1. MAJORITY VOTE APPROVING DISSOLUTION BY DIRECTOR AND SHAREHOLDERS

Question 1232

4

REQUIREMENTS OF DISSENTING SHAREHOLDER TO BE COMPENSATED FOR SHARES

Answer 1232

1. NOTICE OBJECTION TO CHANGE AND INTENT TO DEMAND PAYMENT
2. DELIVER WRITTEN NOTICE
3. CANNOT VOTE IN FAVOR OF CHANGE
4. DEMAND PAYMENT IN WRITING

Question 1233

2

REQUIREMENTS OF ZEALOUS ADVOCACY W/IN THE BOUNDS OF LAW - LAWYER CANNOT ADVISE A CLIENT TO

Answer 1233

1. VIOLATE LAW
2. FILE A FRIVILOUS LAWSUIT

Question 1234

3

REQUIREMENTS/OUTPUT CONTRACT

Answer 1234

1. CONTRACT MADE FOR EXCLUSIVE OUTPUT OR REQUIREMENT OF GOODS
2. REQUIRES DEMANDS BE REASONABLE PROPORTIONATE WITH PREVIOUS DEMANDS
3. INCLUDES IMPLIED MATERIAL CONDITION OF GOOD FAITH EFFORT TO REMAIN IN BUSINESS

Question 1235

3

REQUIREMENTS TO MAKE ADEMPTION BY SATISFACTION (LIFETIME GIFT SATISFYING BEQUEST)

Answer 1235

1. BENEFICIARY ACKNOWLEDGES RECEIPT OF GIFT IN WRITING
2. OR TESTATOR DECLARES MAKING GIFT IN WRITING
3. AND WILL PROVIDES FOR DEDUCTION OF GIFT

Question 1236

2

REQUIREMENTS WHEN TWO JOINT CLIENTS ARE IN CONFLICT

Answer 1236

1. WITHDRAW FROM REPRESENTATION OF BOTH
2. REVEAL DISCLOSED PRIVILEGED INFORMATION ONLY IF SUBPOENAED

Question 1237

3

RES GESTAE OF A FELONY - START TO FINISH

Answer 1237

1. BEGINS WITH THE FIRT SUBSTANTIAL STEP TAKEN TOWARD THE FELONY’S COMMISSION
2. ENDS WITH THE ARRIVAL AT A PLACE OF RELATIVE SAFETY
3. AFTER COMPLETION OF THE FELONY OR ITS ABANDONMENT.

Question 1238

3

RES IPSA LOQUITUR - BREACH OF DUTY IS INFERRED WHERE

Answer 1238

1. NEGLIGENCE IS IMPLIED BY THE FACTS
2. DEFENDANT HAD EXCLUSIVE CONTROL OF MECHANISM OF PLAINTIFF’S INJURY
3. PLAITNIFF HAD NO CONTROL OVER MECHANISM OF HIS INJURY

Question 1239

1

COLLATERAL ESTOPPEL/ISSUE PRECLUSION DEFINITION

Answer 1239

1. BARS RELITIGATION OF A SPECIFIC ISSUE

Question 1240

1

RES JUDICATA/CLAIM PRECLUSION DEFINITION

Answer 1240

1. BARS RELITIGATION OF ALREADY LITIGATED CLAIM

Question 1241

3

RECISSION

Answer 1241

1. PUTS THE PARTIES BACK IN THE POSITION THEY WERE IN BEFORE THE CONTRACT WAS MADE.
2. LEGAL RECISSION OCCURS WHEN BOTH PARTIES AGREE TO VOID CONTRACT
3. EQUITABLE RECISSION OCCURS WHEN THE COURT DECREES THE CONTRACT CANCELLED

Question 1242

1

RESCISSION

Answer 1242

1. PUTS PARTIES BACK INTO POSITION THEY WERE IN BEFORE CONTRACT WAS MADE

Question 1243

3

RESCUER DOCTRINE - LIABILITY FOR BREACH MAY ARISE WHERE

Answer 1243

1. DEFENDANT CREATED IMMINENT PERIL OR APPEARANCE OF IMMINENT PERIL TO SELF OR OTHERS
2. REASONABLY RECOGNIZABLE TO THIRD PARTY
3. CAUSING PLAINTIFF TO REASONABLY ATTEMPT RESCULE

Question 1244

6

RESPONSE TO DISCOVERY REQUEST WHEN CLAIMING PRIVELEGE

Answer 1244

1. OBJECT WITH PARTICULARLITY
2. IDENTIFY THE PRIVILEGED DOCUMENT
3. ITS AUTHOR
4. THE DATE
5. THE RECIPIENTS
6. AND THE SPECIFIC PRIVILEGE THAT APPLIES

Question 1245

2

RESTRICTIONS ON SELLING CONTROLLING PERCENTAGE OF CORP SHARES - SALE AT PREMIUM MUST BE

Answer 1245

1. IN GOOD FAITH AND FAIR
2. NOT MADE FOR PERSONAL BENEFIT FOR SALE OF A CORPORATE ASSET.

Question 1246

4

RESTRICTIONS ON SELLING CONTROLLING PERCENTAGE OF CORPORATE SHARES - SHARES MUST NOT BE SOLD TO

Answer 1246

1. LOOTERS
2. THOSE WHOSE INTENT TO HARM CORP SHOULD BE KNOWN.

Question 1247

3

RESULTING TRUST ELEMENTS

Answer 1247

1. IMPLIED-IN-FACT TRUST
2. BASED ON PRESUMED INTENT OF PARTIES
3. TRANSFERS PROPERTY BACK TO SETTLOR OR ESTATE OR INTESTATE TAKERS

Question 1248

4

RESULTING TRUST TRIGGERS

Answer 1248

1. TRUST PURPOSE SATISFIED OR ENDS
2. CY PRES DOCTRINE CAN’T FIX FAILED CHARITABLE TRUST
3. ILLEGAL TRUST
4. EXCESS CORPUS IN TRUST

Question 1249

4

REVERSE VAN CAMP FORMULA

Answer 1249

1. REASONABLE SALARY FOR MANAGER SPOUSE AFTER SEPARATION CALCULATED
2. LIVING EXPENSES DEDUCTED
3. RESULT IS SEPERATE PROPERTY
4. REMAINDER OF BUSINESS VALUE GOES TO COMMUNITY

Question 1250

1

REVERTER

Answer 1250

1. FUTURE INTEREST HELD BY THE GRANTOR

Question 1251

1

WHERE REVOCATION OF SUBSEQUENT WILL OCCURED BY PHYSICAL ACT - INTENT TO REVIVE PRIOR WILL MAY BE SHOWN BY THIS TYPE OF EVIDENCE

Answer 1251

1. EXTRINSIC EVIDENCE

Question 1252

3

REVIVAL OF WILL

Answer 1252

1. A WILL IS REVOKED
2. A SUBSEQUENT WILL IS REVOKED
3. REVIVAL OF FIRST WILL WHERE CLEAR EVIDENCE OF TESTATOR’S INTENT TO REVIVE.

Question 1253

4

REVLON RULE

Answer 1253

1. DIRECTORS CONFRONTED WITH TAKEOVER THREATS
2. HAVE A DUTY TO MAXIMIZE SHAREHOLDER RETURN
3. ONCE IT BECOMES OBVIOUS
4. CORPORATE TAKEOVER IS INEVITABLE

Question 1254

3

WILL REVOCATION - PRESUMED REVOCATION

Answer 1254

1. WILL LAST KNOWN TO BE IN TESTATOR’S POSSESSION
2. TESTATOR WAS COMPETENT AT DEATH
3. WILL OR DUPLICATE CAN’T BE FOUND AFTER DEATH

Question 1255

2

REVOCATION OF WILL BY OPERATION OF LAW - TRIGGERS

Answer 1255

1. TO ACCOMODATE OMMITTED SPOUSE OR CHILD
2. OR REMOVE EX-SPOUSE AFTER DIVORCE OR ANNULLMENT

Question 1256

2

REVOCATION BY OPERATION OF LAW - PRETERMITTED CHILD OR SPOUSE RECEIVES

Answer 1256

1. INTESTATE SHARE
2. WHERE BORN OR MARRIED AFTER WILL MADE

Question 1257

3

REVOCATION BY OPERATION OF LAW - PRETERMITTED SPOUSE OR CHILD WILL NOT RECIEVE INTESTATE SHARE WHERE

Answer 1257

1. INTENTIONALLY OMMITTED ON FACE OF WILL
2. OTHEREWISE PROVIDED FOR IN LIEU OF WILL
3. DECEDENT DEVISED SUBSTANTIALLY ALL OF ESTATE TO PARENT OF OMMITTED CHILD

Question 1258

2

ALL OR PART OF WILL BE REVOKED BY A SUBSEQUENT WILL WHERE

Answer 1258

1. THE SUBSEQUENT WILL EXPRESSLY REVOKES ALL OR PART OF THE PREVIOUS WILL
2. THE SUBSEQUENT WILL IMPLIEDLY REVOKES ALL OR PART OF PREVIOUS WILL THROUGH INCONSISTENCIES

Question 1259

2

REVOCATION OF CODICIL CONSEQUENCE FOR WILL AND REVOCATION OF WILL CONSEQUENCE FOR CODICIL

Answer 1259

1. REVOCATION OF CODICIL REVOKES ONLY THE CODICIL AND THE WILL REMAINS ACTIVE
2. REVOCATION OF WILL REVOKES WILL AND CODICIL

Question 1260

3

REVOCATION OF UNILATERAL OFFER

Answer 1260

1. AT COMMON LAW, A UNILATERAL OFFER COULD BE REVOED AT ANY TIME WHEN MADE IN THE SAME MANNER THE OFFER WAS GIVEN
2. MODERNLY, SAVING DOCTRINES PREVENT REVOCATION AFTER OFFEREE HAS SUBSTANTIALLY COMMENCED PERFORMANCE
3. ALLOWING A REASONABLE TIME FOR OFFEREE TO COMPLETE PERFORMANCE

Question 1261

2

REVOCATION OF WILL - WHERE DEVISE MADE TO MULTIPLE BENEFICIARIES AND ONE BENFICIARY IS CROSSED OUT, WHO RECEIVES THE CROSSED OUT BENEFICIARY’S PORTION?

Answer 1261

1. WILL RESIDUE RECEIVES CROSSED OUT PORTION
2. NOT REMAINING BENEFICIARIES

Question 1262

4

REVOCATION OF WILL - PHYSICAL ACT

Answer 1262

1. DESTRUCTIVE ACT
2. BY TESTATOR
3. OR IN TESTATOR’S PRESENCE AT HIS DIRECTION
4. WITH INTENT TO REVOKE WILL

Question 1263

1

RIGHT OF REENTRY - FUTURE INTEREST CONVEYED BY

Answer 1263

1. FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT

Question 1264

3

RIGHT TO ADEQUATE ASSURANCE - WHERE REASONABLE GROUNDS ARISE WITH RESPECT TO THE PERFORMANCE - A PARTY MAY

Answer 1264

1. DEMAND ADEQUATE ASSURANCE IN WRITING
2. SUSPEND PERFORMANCE UNTIL ASSURANCE IS RECEIVED
3. REPUDIATE CONTRACT AFTER 30 DAYS OF NO RESPONSE TO DEMAND

Question 1265

2

RIGHTS NOT INCORPORATED BY THE FOURTEENTH AMENDMENT

Answer 1265

1. SEVENTH AMENDMENT RIGHT TO JURY TRIAL IN CIVIL PROCEEDING
2. FIFTH AMENDMENT RIGHT TO INDICTMENT BY GRAND JURY

Question 1266

3

RIGHTS OF GENERAL PARTNERS IN LP’S

Answer 1266

1. DISTRIBUTIONS BASED ON CONTRIBUTIONS
2. CONSENT TO WAIVE OTHER PARTNER’S CONTRIBUTIONS
3. RIGHT TO MANAGE

Question 1267

6

LIMITED PARTNERS IN A LIMITED PARTNERSHIP HAVE THESE RIGHTS

Answer 1267

1. ACCOUNTING
2. TRANSFER SHARES (UNLESS OTHERWISE AGREED)
3. MANAGE AS REASONABLE TO PROTECT INVESTMENT
4. CONSENT TO WAIVE OTHER PARTNER’S OBLIGATIONS
5. DISTRIBUTION BASED ON CONTRIBUTION
6. TRANSFER DISTRIBUTION RIGHTS

Question 1268

3

RIGHTS OF OFFICERS AND DIRECTORS

Answer 1268

1. FAIR COMPENSATION DETERMINED BY BOARD
2. INDEMNIFICATION FROM EXPENSES INCURRED ON BEHALF OF CORP
3. INSPECTION OF RECORDS OR FACILITIES (REASONABLE NOTICE)

Question 1269

4

PARTNERSHIP RIGHTS TO PARTNERSHIP PROPERTY - PROPERTY AQUIRED BY THE PARTNERSHIP

Answer 1269

1. BELONGS TO THE PARTNERSHIP
2. IS NOT CO-OWNED BY PARTNERS
3. CANNOT BE TRANSFERRED BY PARTNERS
4. CAN ONLY BE USED FOR PARTNERSHIP

Question 1270

1

RINGS GO ON YOUR

Answer 1270

FINGERS

Question 1271

1

RIPARIAN RIGHTS - COMMON LAW RULE

Answer 1271

1. OWNER MAY USE AS MUCH WATER AS HE CAN BUT TO BENEFICIAL USE.

Question 1272

2

RIPARIAN RIGHTS - PRIOR APPROPRIATION DOCTRINE

Answer 1272

1. OWNER OF RIPARIAN LAND MUST GET A PERMIT TO USE WATER.
2. PRIORITY OF WATER USE IS DETERMINED BY CHRONOLOGY OF PERMIT DATE.

Question 1273

1

FEDERAL COURT - RENEWED JUDGMENT AS A MATTER OF LAW - TIMING REQUIREMENT

Answer 1273

1. RJMOL MUST BE MADE W/IN 28 DAYS AFTER ENTRY OF JUDGMENT.

Question 1274

3

ROBBERY

Answer 1274

1. ROBBERY IS A SPECIFIC INTENT CRIME
2. ACCOMPLISTED WHEN DEFENDANT USES FORCE OR FEAR OF FORCE SUFFICIENT TO OVERCOME VICTIM’S WILL
3. TO ACHIEVE A LARCENY.

Question 1275

2

ROUTINE STOP - TRAFFIC CHECKPOINTS ARE OK WHERE THEY ARE

Answer 1275

1. TESTING FOR COMPLIANCE WITH DRIVING LAWS
2. USED FOR SPECIAL LAW ENFORCEMENT NEEDS

Question 1276

1

ROUTINE STOP - PATDOWNS ARE OK IN A STOP AND FRISK WHERE

Answer 1276

1. SUSPECT APPEARS ARMED AND DANGEROUS

Question 1277

1

ROUTINE STOP - PATDOWNS MAY NOT INCLUDE

Answer 1277

1. SEARCH FOR CONTRABAND OR EVIDENCE

Question 1278

2

ROUTINE STOP - STOP AND FRISK OK WHERE

Answer 1278

1. REASONABLE SUSPICION OF CRIMINAL ACTIVITY OR INVOLVEMENT
2. SUPPORTED BY ARTICULABLE FACTS

Question 1279

3

RULE 11 - FEDERAL COURT - A PARTY PRESENTING FILING ANY PAPER CERTIFIES/WARRANTS THAT THE FILING

Answer 1279

1. IS NOT FOR AN IMPROPER PURPOSE
2. LEGAL CONTENTS ARE WARRANTED BY EXISTING LAW
3. OR CONTAIN AN ARGUEMENT FOR MODIFYING LAW

Question 1280

3

RULE 11 - FEDERAL COURT - FILING PARTY CERTIFIES EVERY PAPER FILED WITH COURT HAS EVIDENTIARY SUPPORT FOR

Answer 1280

1. ITS CONTENTIONS/ARGUMENTS
2. ITS DENIAL OF OTHER PARTY’S CONTENTIONS
3. OR REASONABLE BASIS FOR DENIAL BASED ON LACK OF INFORMATION OR BELIEF

Question 1281

2

RULE 11 - FEDERAL COURT PENALTIES FOR VIOLATION - SANCTIONS INCLUDE

Answer 1281

1. MONETARY PENALTIES
2. NONMONETARY DIRECTIVES

Question 1282

2

RULE 11 - THE MATTER OF VIOLATION MAY BE RAISED BY

Answer 1282

1. THE COURT
2. OPPOSING PARTY

Question 1283

2

RULE 19 EVALUATION FACTORS

Answer 1283

1. REQUIRED JOINDER IF FEASIBLE (19A)
2. SHOULD CASE BE DISMISSED IF JOINDER NOT FEASIBLE? (19B)

Question 1284

3

RULE 26 EXPERT WITNESS DISCLOSURE MUST CONTAIN EXPERT’S

Answer 1284

1. IDENTITY
2. QUALIFICATIONS
3. WRITTEN REPORT

Question 1285

4

RULE 26 INITIAL DISCLOSURES OF FACT REQUIREMENTS

(PIED)

Answer 1285

1. IDENTIFIES PARTIES LIKELY TO HAVE INFORMATION ABOUT DISCOVERABLE FACTS
2. INSURANCE INFORMATION
3. COPIES OR DESCRIPTIONS OF TANGIBLE EVIDENCE
4. DAMAGES COMPUTATION AND SUPPORTING DOCUMENTS

Question 1286

3

RULE 26 MANDATORY DISCLOSURES

Answer 1286

1. INITIAL DISCLOSURES SUPPLYING INFORMATION ABOUT DISPUTED FACTS
2. EXPERT WITNESS DISCLOSURES
3. PRETRIAL DISCLOSURES

Question 1287

2

RULE 26 PRE-TRIAL DISCLOSURE REQUIREMENTS

Answer 1287

1. WITNESS LIST
2. EXHIBIT LIST

Question 1288

2

RULE AGAINST PERPETUITIES

Answer 1288

1. NO INTEREST IS GOOD
2. UNLESS IT VESTS WITHIN 21 YEARS OF SOME LIFE IN BEING AT THE CREATION OF THE INTEREST

Question 1289

3

RULE AGAINST PERPETUTIES APPLIES TO (IN PROPERTY LAW)

Answer 1289

1. CONTINGENT REMAINDERS
2. EXECUTORY INTERESTS
3. OPTIONS IN GROSS

Question 1290

1

SARBANES-OXLEY - ENHANCED REPORTING REQUIREMENTS - CORPORATION MUST HAVE AN

Answer 1290

1. AUDIT BOARD

Question 1291

2

SARBANES-OXLEY - ENHANCED REPORTING REQUIREMENTS - LIABILITY FOR INACCURATE REPORTING OF AUDIT BOARD

Answer 1291

1. SENIOR EXECS ARE PERSONALLY LIABLE
2. CEO AND CFO MUST REIMBURSE CORP FOR ANY INCENTIVE BASED COMPENSATION RECEIVED FOR 12 MONTHS AFTER INACCURATE REPORT FILING

Question 1292

2

SARBANES-OXLEY ACT - THE PCOAB IS

Answer 1292

1. AN INDEPENDENT BOARD
2. OVERSEEING PUBLIC ACCOUNTING FIRMS

Question 1293

3

SARBANES-OXLEY CRIMINAL PENALTIES

Answer 1293

1. DESTROY OR ALTER CORPORATE DOCS OR AUDIT RECORDS -FINE AND UP TO 20 YEARS IN PRISON
2. COMMIT SECURITIES FRAUD - UP TO 25 YEARS IN PRISON
3. WHISTLEBLOWERS ARE PROTECTED

Question 1294

2

SCOPE OF REPRESENTATION - CLIENT DETERMINES VS. ATTORNEY DETERMINES

Answer 1294

1. CLIENT DETERMINES END GOALS OF REPRESENTATION
2. ATTORNEY DETERMINES MEANS OF ACCOMPLISHING GOALS

Question 1295

5

ABA- SCOPE OF REPRESENTATION - CLIENT MAKES THESE MAJOR DECISIONS IN CASE

Answer 1295

1. OBJECTIVES OF REPRESENTATION
2. PLEA BARGAINS
3. SETTLEMENTS
4. JURY TRIAL
5. WHETHER OR NOT TO TESTIFY

Question 1296

3

SEARCH AND SEIZURE - REASONABLE EXPECTATION OF PRIVACY IN HOME INCLUDES

Answer 1296

1. THE HOME AND ITS CURTILAGE
2. OVERNIGHT GUESTS AT HOME
3. OWNERSHIP OF HOME

Question 1297

1

SEARCH AND SEIZURE - WARRANT IS REQUIRED WHERE

Answer 1297

1. SUSPECT HAS A REASONABLE EXPECTATION OF PRIVACY.

Question 1298

3

SEARCH WARRANT - ALLOWED EVIDENCE FOR PROBABLE CAUSE

Answer 1298

1. POLICE OBSERVATION
2. HEARSAY
3. INFORMANT’S TIP, EVEN WHERE INFORMANT IS ANONYMOUS.

Question 1299

2

SEARCH WARRANT EXCEPTION - AUTOMOBILE

Answer 1299

1. PROBABLE CAUSE EXISTS TO BELIEVE VEHICLE CONTAINS EVIDENCE OF CRIME
2. EXTENDS TO ANY CONTAINER IN VEHICLE

Question 1300

1

SEARCH WARRANT EXCEPTION - AUTOMOBILE - SUSPECT ARRESTED

Answer 1300

1. IF SUSPECT ARRESTED, VEHICLE MAY BE IMPOUNDED AND SEARCHED AT STATION.

Question 1301

3

SEARCH WARRANT EXCEPTION - EXIGENT CIRCUMSTANCES

Answer 1301

1. IMMINENT INJURY TO PERSONS
2. IMMINENT DESTRUCTION OF EVIDENCE
3. HOT PURSUIT OF FLEEING FELON

Question 1302

3

SECRET TRUST

Answer 1302

1. SETTLOR LEAVES PROPERTY TO LEGATEE IN WILL
2. W/OUT MANIFESTATION OF INTENT IN WILL TO CREATE TRUST
3. BUT RELIES ON UNDERSTANDING W/LEGATEE TO HOLD PROPERTY IN TRUST FOR THIRD PARTY BENEFICIARIES.

Question 1303

4

ELEMENTS OF A SECTION 10(b)-5 VIOLATION CHARGING INSIDER TRADING

Answer 1303

1. INSIDER WITH POSSESSION OF CORPORATE MATERIAL NONPUBLIC INFORMATION
2. BREACHES DUTY OF TRUST TO SOURCE OF MNI
3. WHEN HE TRADES A CORPORATE SECURITY
4. BASED ON MNI
5. VIA INTERSTATE COMMERCE

Question 1304

6

SECTION 16(B) SHORT SWING PROFITS

LIABILITY IS TRIGGERED WHEN

Answer 1304

1. CORPORATE INSIDER
2. BUYS AND SELLS
3. OR SELLS AND REPURCHASES
4. ANY SHARES OF THEIR CORPORATION
5. WITHIN SIX MONTHS OF THE INTITIAL TRANSACTION

Question 1305

3

(CORPORATIONS) SECURITY INSTRUMENT IS A

Answer 1305

1. FINANCIAL INTEREST
2. IN PROFITS
3. MADE BY THE ACTS OF OTHERS

Question 1306

5

SELF-AUTHENTICATING EVIDENCE

Answer 1306

1. CERTIFIED PUBLIC DOCUMENTS
2. ACKNOWLEDGED DOCUMENTS
3. OFFICIAL PUBLICATIONS
4. NEWSPAPERS
5. PERIODICALS

Question 1307

3

SELF-RESPRESENTATION IS ALLOWED WHERE DEFENDANT WAIVES HIS RIGHT TO COUNSEL

Answer 1307

1. KNOWINGLY,
2. INTELLIGENTLY
3. AND WILLING

Question 1308

4

SEMI-SECRET TRUST- ELEMENTS AND SPLIT JURISDICTIONAL TREATMENT

Answer 1308

1. TESTATOR DEVISES PROPERTY TO BE HELD IN TRUST.
2. BUT DOES NOT IDENTIFY THE BENEFICIARY OF THE PROPERTY.
3. MAJORITY OF JURISIDCTIONS INVALIDATE AND CREATE RESULTING TRUST
4. MINORITY OF JURSIDICTIONS ALLOW EXTRINSIC EVIDENCE TO PROVE BENEFICIARY’S IDENTITY.

Question 1309

2

SENSORY ENHANCING TECHNOLOGY - WHERE GOVERNMENT USES SENSORY ENHANCING TECHNOLOGY NOT AVAILABLE TO GENERAL PUBLIC, IT IS CONSIDERED

Answer 1309

1. A SEARCH
2. PROTECTED BY FOURTH AMENDMENT

Question 1310

7

CLASSIFICATIONS OF SEPARATE PROPERTY

Answer 1310

1. PROPERTY OWNED BY SPOUSE BEFORE MARRIAGE
2. GIFT
3. BEQUEST
4. DEVISE
5. DESCENT
6. RENTS, ISSUES AND PROFITS OBTAINED FROM SP
7. PROPERTY ACQUIRED AFTER PERMANENT SEPARATION

Question 1311

4

SEPERATE PROPERTY PAID TOWARD COMMUNITY PROPERTY MAY BE REIMBURSED WHEN USED FOR

Answer 1311

1. DOWN PAYMENT
2. IMPROVEMENTS
3. PRINCIPAL
4. NO INTEREST

Question 1312

3

SERVICE OF PROCESS ELEMENTS - DEFENDANT IS PROVIDED WITH A

Answer 1312

1. A COPY OF COMPLAINT.
2. FORMAL NOTICE OF COURT FILING
3. TIMELINE FOR RESPONSE.

Question 1313

2

SETTLOR’S POWER TO TERMINATE TRUST

Answer 1313

1. WHERE POWER RESERVED
2. IN CA, SETTLOR MAY TERMINATE BY PETITIONING COURT

Question 1314

2

SEVENTH AMENDMENT WITH ATTACH TO FEDERAL CASES WITH THESE TYPES OF JURISDICTION

Answer 1314

1. FEDERAL QUESTION JURISDICTION AND
2. DIVERSITY JURISDICTION

Question 1315

2

SHAREHOLDER - CREATION OF A PROXY

Answer 1315

1. SHAREHOLDER ISSUES A SIGNED WRITING
2. TO HAVE ANOTHER VOTE ON HIS/HER BEHALF

Question 1316

2

SHAREHOLDER - VOTING BY PROXY - REVOCABLE VS. IRREVOCABLE

Answer 1316

1. REVOCABLE PROXY CREATES AGENCY RELATIONSHIP
2. IRREVOCABLE PROXY CREATED BY INTEREST OR EXCHANGE OF CONSIDERATION

Question 1317

3

SHAREHOLDER AGREEMENT - ENFORCEABLITY OF TRANSFER OF SHARES RESTRICTIONS

Answer 1317

1. UPHELD WHERE RESTRICTIONS ARE REASONABLE (E.G. RIGHT OF FIRST REFUSAL)
2. ABSOLUTE RESTRAINT ON TRANSFERS IS ALWAYS UNREASONABLE

Question 1318

2

VOTING TRUST ELEMENTS

Answer 1318

1. SHARES ARE TRANSFERRED TO TRUSTEE
2. TRUSTEE VOTES AND DISTRIBUTES DIVIDENDS IN ACCORDANCE WITH WISHES OF THE TRUST

Question 1319

4

ALLOWED SHAREHOLDER AGREEMENTS

Answer 1319

1. VOTING TRUST
2. VOTING AGREEMENT
3. MANAGEMENT AGREEMENT
4. RESTRICTIONS ON STOCK TRANSFERS

Question 1320

2

SHAREHOLDER DERIVATIVE LAWSUIT - RECOVERY GOES TO

Answer 1320

1. CORPORATION
2. SHAREHOLDER IS PAID FOR HIS ATTORNEY’S FEES

Question 1321

2

SHAREHOLDER LAWSUIT - DIRECT SUIT - SHAREHOLDER BRINGS SUIT FOR

Answer 1321

1. FOR BREACH OF FIDUCIARY DUTY
2. DIRECTLY OWED TO THE SHAREHOLDER

Question 1322

2

SHAREHOLDER LIABILITY FOR CORPORATE DEBTS

Answer 1322

1. SHAREHOLDERS ARE NOT LIABLE FOR CORPORATE DEBTS
2. UNLESS SHAREHOLDERS ARE PART OF PROFESSIONAL CORPORATION

Question 1323

4

SHAREHOLDER RIGHTS - SHAREHOLDERS HAVE THE RIGHT TO

Answer 1323

1. ATTEND MEETINGS
2. VOTE ON BOARD AND STRUCTURE CHANGES (WHERE ARTICLES ALLOW)
3. INSPECT BOOKS WITH PROPER PURPOSE AND REASONABLE NOTICE
4. DIVIDENDS (WHERE ARTICLES ALLOW)

Question 1324

2

SHAREHOLDER VOTING RIGHTS

DETERMINATION BY CLASS OF STOCK

Answer 1324

1. AT LEAST ONE CLASS OF STOCK MUST HAVE VOTING RIGHTS
2. WHERE NOT SPECIFIED IN ARTICLES, ALL CLASSES HAVE VOTING RIGHTS

Question 1325

3

SHELTER DOCTRINE (BFP)

Answer 1325

1. ONE WHO TAKES PROPERTY FROM A BFP WILL STAND IN THE BFP’S SHOES
2. ALLOWING TAKER FROM THE BFP TO PREVAIL AGAINST ANY CLAIMS
3. THE BFP WOULD HAVE PREVAILED AGAINST

Question 1326

4

A SHIFTING EXECUTORY INTEREST IS A

Answer 1326

1. FUTURE INTEREST IN PROPERTY HELD BY A THIRD PARTY
2. THAT WILL DIVEST A ;POSSESSORY GRANTEE OF FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION OF HIS INTEREST IN THE PROPERTY
3. UPON OCCURENCE OF THE EXECUTORY LIMITATION
4. SHIFTING THE POSSESSORY PRESENT INTEREST IN THE PROPERTY TO THE THIRD PARTY

Question 1327

3

SHOPKEEPER’S PRIVILEGE - SHOPKEEPER’S MAY DETAIN INDIVIDUALS

Answer 1327

1. REASONABLY BELIEVED TO BE IN POSSESSION OF SHOPLIFTED GOODS
2. IN REASONABLE MANNER
3. FOR A REASONABLE TIME

Question 1328

1

SILA SEARCH - ARRESTEE - POLICE MAY SEARCH

Answer 1328

1. AREA WITHIN ARRESTEE’S IMMEDIATE CONTROL

Question 1329

3

SILA SEARCH - CAUSE NEEDED FOR PROTECTIVE SWEEP

Answer 1329

1. REASONABLE BELIEF
2. BASED ON SPECIFIC AND ARTICULABLE FACTS
3. OTHER DANGEROUS INDIVIDUALS ARE PRESENT.

Question 1330

2

SILA SEARCH - PROTECTIVE SWEEP - WHEN THE SUSPECT IS ARRESTED AT HOME - POLICE MAY SEARCH

Answer 1330

1. SPACES ADJOINING THE PLACE OF ARREST
2. ANYWHERE ARTICULABLE SUSPICION OF DANGER EXISTS WITH SPACES SWEPT

Question 1331

2

SILA SEARCH - VEHICLE - POLICE MAY SEARCH

Answer 1331

1. AREA WITHIN THE ARRESTEE’S CONTROL
2. WHERE REASONABLE SUSPICION FRUITS OF CRIME ARE PRESENT

Question 1332

3

SIMULTANEOUS DEATH OF TESTATOR AND BENEFICIARY - WHERE TESTATOR AND BENEFICIARY DIE SIMULATENOUSLY

Answer 1332

1. IF NO CLEAR AND CONVINCING EVIDENCE THAT BENEFICIARY DIED FIRST
2. BENEFICIARY WILL BE DETERMINED TO HAVE DIED FIRST
3. TRIGGERING LAPSE AND ANTILAPSE STATUTES

Question 1333

3

SIXTH AMENDMENT - UNDER THE SIXTH AMENDMENT, INFFECTIVE COUNSEL IS ESTABLISHED WHERE

Answer 1333

1. COUNSEL DID NOT ACT HOW A REASONABLE ATTORNEY WOULD ACT IN A SIMILAR SITUATION
2. DEFICIENCY IN REPRESENTATION CAUSED PREJUDICE TO DEFENDANT
3. SAID PREJUDICE CAUSED RESULT THAT BUT FOR THE DEFICIENCY THE RESULT WOULD HAVE BEEN DIFFERENT.

Question 1334

2

SIXTH AMENDMENT RIGHT TO EFFECTIVE COUNSEL DOESN’T APPLY AT

Answer 1334

1. PHOTO IDENTIFICATIONS
2. TAKING PHYSICAL EVIDENCE

Question 1335

2

SIXTH AMENDMENT RIGHT TO JURY TRIAL HAPPENS WHEN

Answer 1335

1. SERIOUS OFFENSE CHARGED
2. WITH POTENTIAL OF OVER SIX MONTHS IMPRISONMENT

Question 1336

4

SIXTH AMENDMENT RIGHT TO SPEEDY TRIAL BALANCING FACTORS

Answer 1336

1. LENGTH OF DELAY
2. REASON FOR DELAY
3. PREJUDICE TO DEFENDANT AS RESULT OF DELAY
4. TIME AND MANNER IN WHICH DEFENDANT ASSERTED HIS RIGHT.

Question 1337

1

SLANDER/DEFAMATION

Answer 1337

1. AN ORAL FALSE STATEMENT OF MATERIAL FACT TRANSITORY IN NATURE

Question 1338

1

SOCKS

Answer 1338

ARE GOOD FOR YOUR FEET

Question 1339

1

SOCKS GO ON YOUR

Answer 1339

FEET

Question 1340

2

EVIDENCE ALLOWED FOR SOF EXCEPTION TO EQUITABLE MORTGAGE

Answer 1340

1. PAROL EVIDENCE MAY BE USED
2. TO SHOW INTENT

Question 1341

5

SOF REQUIREMENTS FOR LAND SALE CONTRACT

Answer 1341

1. CONTRACT IN WRITING
2. NAMES PARTIES
3. SIGNED BY PARTY TO BE BOUND
4. SUFFICIENTLY DESCRIBES LAND
5. STATES CONSIDERATION

Question 1342

4

SOLICITATION - ATTORNEYS MAY SEND

Answer 1342

1. LETTERS
2. CARDS
3. ANNOUNCEMENTS
4. TO PEOPLE IN HIS AREA OF PRACTICE

Question 1343

4

SOLICITATION LETTERS MUST CONTAIN AND/OR BE

Answer 1343

1. ATTORNEYS NAME
2. IF A FIRM, NAME OF ONE OF THE ATTORNEYS
3. RELATABLE CONTACT INFORMATION
4. ACCURATE AND FAIR

Question 1344

2

SOLICITATION LETTERS MUST NOT CONTAIN

Answer 1344

1. GUARANTEES OF CASE SUCCESS
2. CLAIMS OF SPECIAL EXPERTISE UNLESS ATTORNEY CERTIFIED BY RELEVANT STATE AUTHORITIES

Question 1345

5

SP EXPENDITURES MADE TO BENEFIT CP REAL ESTATE

ANTI-LUCAS 1

Answer 1345

1. 1984-1986
2. PROPERTY HELD BY JOINT TENANTS WAS PRESUMPTIVELY CP
3. UNLESS WRITTEN AGREEMENT TO CONTRARY
4. OR CLEARLY STATED OTHERWISE IN DEED
5. RIGHT TO REIMBURSEMENT OF SP

Question 1346

7

SP EXPENDITURES MADE TO BENEFIT CP REAL ESTATE

ANTI-LUCAS 2

Answer 1346

1. 1987 ONWARD
2. ANY PROPERTY PURCHASED WITH SP
3. BUT JOINTLY HELD TITLE
4. PRESUMED CP
5. UNLESS AGREED IN WRITING OTHERWISE
6. OR CLEARLY STATED IN DEED
7. RIGHT OF REIMBURSEMENT OF SP FOR DIP.

Question 1347

5

SP EXPENDITURES MADE TO BENEFIT CP REAL PROPERTY - LUCAS

Answer 1347

1. PRE 1984
2. OR AFTER DEATH
3. PROPERTY HELD JOINTLY PRESUMED CP
4. UNLESS AGREEMENT TO CONTRARY
5. NO REIMBURSEMENT OF SP USED FOR CP

Question 1348

3

SPECIAL CLASSIFICATIONS - BONUSES

Answer 1348

1. BASED ON WHEN EARNED
2. EARNED AFTER SEPARATION - SP
3. EARNED DURING MARRIAGE - CP

Question 1349

3

SPECIAL CLASSIFICATIONS - BUSINESS GOODWILL IN A PROFESSIONAL PRACTICE - THE EXCESS EARNINGS FORMULA

Answer 1349

1. SPOUSE’S ANNUAL NET EARNINGS
2. SUBTRACT ANNUAL EARNINGS OF SIMILARLY SITUATED PROFESSIONAL
3. THE DIFFERENCE IS CAPTILIZED OVER TIME PERIOD OF MARRIAGE

Question 1350

3

SPECIAL CLASSIFICATIONS - DISABILITY

Answer 1350

1. IF INTENDED TO REPLACE SPOUSE’S INCOME AFTER DISABILITY - SP
2. IF PURCHASED WITH COMMUNITY FUNDS AND INTENDED TO PROVIDE RETIREMENT BENEFITS - CP
3. FOR DISTRIBUTION, CP UNTIL SEPARATION, AND THEN SP OF DISABLED SPOUSE

Question 1351

1

SPECIAL CLASSIFICATIONS - EDUCATION - CLASSIFICATION OF ASSET

Answer 1351

1. NOT A COMMUNITY ASSET UNLESS WRITTEN AGREEMENT TO CONTRARY

Question 1352

4

SPECIAL CLASSIFICATIONS - EDUCATION -

COMMUNITY REIMBURSED WHERE AND HOW ACCRUED

Answer 1352

1. COMMUNITY MATERIALLY CONTRIBUTED TO EDUCATION
2. SUBSTANTIALLY ENHANCING EDUCATED SPOUSE’S EARNING POTENTIAL
3. REIMBURSEMENT INCLUDES INTEREST
4. ACCRUING FROM THE END OF CALENDAR YEAR CONTRIBUTION WAS MADE

Question 1353

3

SPECIAL CLASSIFICATIONS - LIFE INSURANCE - DEVISE OF BENEFITS

Answer 1353

1. WHERE POLICY IS CP
2. DECEDENT MAY ONLY DEVISE 1/2 INTEREST TO BENEFICIARY OTHER THAN SPOUSE
3. WITHOUT SPOUSE’S WRITTEN CONSENT

Question 1354

1

SPECIAL CLASSIFICATIONS - LIFE INSURANCE - ESTATE’S SHARE OF TERM LIFE INSURANCE

Answer 1354

1. ESTATE PAYING LATEST TERM IS AWARDED ASSET

Question 1355

1

SPECIAL CLASSIFICATIONS - LIFE INSURANCE - WHOLE LIFE - EACH ESTATE’S INTEREST IS BASED ON

Answer 1355

1. THE PERCENTAGE IT PAID TOWARD PREMUMS

Question 1356

1

SPECIAL CLASSIFICATIONS - PENSION PLANS AND VESTING

Answer 1356

1. CP REGARDLESS OF VESTING TIME

Question 1357

2

SPECIAL CLASSIFICATIONS - PENSION PLANS - APPROACHES TO AWARDING FUNDS

Answer 1357

1. RESERVATION OF JURISDICTION APPROACH
2. CASH OUT APPROACH

Question 1358

4

SPECIAL CLASSIFICATIONS - PENSION PLANS - ELEMENTS OF RESERVATION OF JURISDICTION APPROACH

Answer 1358

1. COURT RESERVES JURISDICTION
2. AT RETIREMENT APPORTIONS SHARES
3. NON-EMPLOYED SPOUSE CAN ELECT TO RECEIVE SHARE AT THE EARLIEST TIME EMPLOYED SPOUSE COULD RETIRE

Question 1359

3

SPECIAL CLASSIFICATIONS - PENSION PLANS - RESERVATION OF JURISDICTION APPROACH - FORMULA FOR FINDING CP PERCENTAGE

Answer 1359

1. DIVIDE TOTAL NUMBER OF YEARS MARRIED WHILE EARNING PENSION
2. (END POINT IS COMMENCEMENT OF SEPARATION)
3. BY TOTAL YEARS SPOUSE EARNED PENSION

Question 1360

3

SPECIAL CLASSIFICATIONS OF ASSETS - PERSONAL INJURY AWARDS - DAMAGES RECIEVED

Answer 1360

1. DURING MARRIAGE ARE COMMUNITY PROPERTY
2. BUT ARE ASSIGNED TO INJURED SPOUSE AFTER DIVORCE UNLESS JUSTICE DEMANDS OTHERWISE
3. MUST BE USED FOR REIMBURSEMENT TO COMMUNITY WHERE COMMUNITY INCCURED EXPENSE ON BEHALF OF INJURED SPOUSE

Question 1361

3

SPECIAL CLASSIFICATIONS - PERSONAL INJURY - DISPOSAL OF DAMAGES

Answer 1361

1. PERSONAL INJURY DAMAGES RECEIVED DURING MARRIAGE ARE COMMUNITY PROPERTY
2. PERSONAL INJURY DAMAGES FOR INJURY RECEIVED DURING MARRIAGE ARE ASSIGNED TO INJURED SPOUSE AFTER DIVORCE UNLESS JUSTICE DEMANDS OTHERWISE
3. REIMBURSEMENT MADE TO COMMUNITY WHERE COMMUNITY INCCURED EXPENSES ON BEHALF OF INJURED SPOUSE

Question 1362

4

SPECIAL CLASSIFICATIONS - PERSONAL INJURY - LIABILITIES FOR TORTFEASOR SPOUSE

Answer 1362

1. TORT LIABILITIES ARE ALWAYS SP
2. UNLESS TORT OCCURED WHILE ACTING FOR BENEFIT OF COMMUNITY
3. THEN SP PAYS FIRST
4. REMAINING LIAIBLITY MAY COME FROM CP

Question 1363

3

SPECIAL CLASSIFICATIONS - PERSONAL INJURY - LIABILITY FOR TORTFEASOR SPOUSE WHO COMMITS TORT AGAINST SPOUSE

Answer 1363

1. TORTFEASOR SPOUSE’S SP MUST BE EXHAUSTED
2. BEFORE CP IS USED
3. TO DISCHARGE LIABILITY OF TORTFEASOR SPOUSE TO INNOCENT SPOUSE

Question 1364

3

SPECIAL CLASSIFICATIONS - SEVERANCE PAY

Answer 1364

1. CP WHERE REPLACING EARNING DURING THE MARRIAGE
2. OR ENHANCE RETIREMENT DURING MARRIAGE
3. SP WHERE GIVEN TO REPLACE FUTURE EARNINGS

Question 1365

2

SPECIAL DAMAGES

Answer 1365

1. UNIQUE TO THE SPECIFIC PLAINTIFF
2. ECONOMIC

Question 1366

1

SPECIAL DAMAGES COMPENSATE FOR

Answer 1366

1. PECUNIARY LOSS

Question 1367

2

SPECIAL WARRANTY DEED - GRANTOR WARRANTS

Answer 1367

1. HE HAS ONLY CONVEYED THE PROPERTY TO NOONE ELSE
2. AND PROPERTY IS FREE FROM ANY ENCUMBRANCES HE MADE

Question 1368

1

SPECIFIC GIFTS

Answer 1368

1. SPECIFIC, IDENTIFIABLE PROPERTY

Question 1369

SPECIFIC INSTANCES OF MISCONDUCT BY WITNESS CAN BE INTRODUCED IF

Answer 1369

1. X-EXAM
2. IF PROBATIVE OF TRUTHFULNESS OR UNTRUTHFULNESS

Question 1370

2

SPECIFIC INTENT CRIME

Answer 1370

1. A SPECIFIC INTENT CRIME REQUIRES THE MENS REA TO COMMIT THE LEGALLY PROSCRIBED CONDUCT
2. IN ORDER TO ACHIEVE A SPECIFIC PURPOSE.

Question 1371

4

LONG ARM STATUTE

Answer 1371

1. STATE LAW
2. ALLOWING STATE COURT TO EXERCISE JURISDICTION
3. OVER OUT OF STATE DEFENDANT
4. IN CERTAIN SITUATIONS.

Question 1372

2

SPECIFIC PERFORMANCE

Answer 1372

1. A PERMANENT INJUNCTION
2. WHEREIN COURT ORDERS PERFORMANCE OF A CONTRACT PROMISE

Question 1373

6

SPECIFIC PERFORMANCE REQUIREMENTS FOR BREACH OF LAND SALE CONTRACT

(CHOCOLATE CHEESECAKE IS MY FAVORITE DESSERT)

Answer 1373

1. VALID CONTRACT WITH CERTAIN TERMS CAPABLE OF ENFORCEMENT
2. CONDITIONS ON PLAINTIFF HAVE BEEN MET
3. INADEQUATE REMEDY AT LAW
4. MUTUALITY OF PERFORMANCE
5. FEASIBILITY OF ENFORCEMENT
6. NO AVAILABLE DEFENSES FOR BREACHING PARTY

Question 1374

5

SPENDTHRIFT TRUST

Answer 1374

1. TRUSTEE CAN’T VOLUNTARILY ALIENATE INTEREST
2. SECURES BENEFICIARY AGAINST HIS OWN IMPROVIDENCE
3. PROTECTING INTEREST FROM 3RD PARTY CREDITORS
4. UNTIL INTEREST HAS BEEN PAID TO BENEFICIARY
5. EXCEPT FOR CS, ALIMONY, GOVERNMENT CREDITORS AND LIFE NECESSARIES

Question 1375

1

SPOUSAL DISPOSITION POWER OVER PERSONAL ASSETS DOES NOT INCLUDE

Answer 1375

1. TESTAMENTARY CONTROL

Question 1376

2

SPOUSAL PRIVILEGE - COMMUNICATIONS PRIVILEGE APPLIES TO COMMUNICATIONS MADE

Answer 1376

1. DURING MARRIAGE
2. BY EITHER SPOUSE

Question 1377

3

SPOUSAL PRIVILEGE - FRE - TESTIMONIAL PRIVILEGE - COURT CANNOT COMPEL A WITNESS

Answer 1377

1. TO TESTIFY AGAINST HER SPOUSE
2. IN A CRIMINAL PROCEEDING
3. OR CIVIL PROCEEDING UNDER CEC

Question 1378

1

SPOUSAL PRIVILEGE - TESTIMONIAL PRIVILEGE IS HELD BY

Answer 1378

1. THE WITNESS SPOUSE

Question 1379

2

SPOUSAL PRIVILEGE - TESTIMONIAL PRIVILEGE MAY BE ASSERTED IN

Answer 1379

1. CIVIL CASES
2. CRIMINAL CASES

Question 1380

2

SPOUSE MANAGEMENT AND CONTROL OF PERSONAL PROPERTY - OTHER SPOUSE’S WRITTEN CONSENT NEEDED WHERE COMMUNITY PERSONAL PROPERTY IS

Answer 1380

1. GIFTED
2. DISPOSED FOR LESS THAN FAIR AND REASONABLE VALUE

Question 1381

2

SPOUSE POWER OF DISPOSITION - SPOUSES HAVE

Answer 1381

1. EQUAL POWER OF DISPOSITION
2. WITH CONSENT REQUREMENTS

Question 1382

4

SPRINGING EXECUTORY INTEREST

Answer 1382

1. FUTURE INTEREST HELD BY A THIRD PARTY
2. WILL DIVEST GRANTOR OF ESTATE
3. AT OCCURENCE OF EVENT SET FORTH IN FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION
4. SPRINGING INTO EXISTENCE THE THIRD PARTY’S POSSESSORY INTEREST IN THE PROPERTY

Question 1383

2

QUESTIONS/STANDARDS FOR DETERMINING FOURTH AMENDMENT EXPECTATION OF PRIVACY

Answer 1383

1. DID THE PERSON HAVE AN ACTUAL, SUBJECTIVE EXPECTATION OF PRIVACY?
2. DOES SOCIETY RECOGNIZE THIS EXPECTATION AS REASONABLE?

Question 1384

STANDARD OF CARE FOR MEDICAL PRACTICIONERS

Answer 1384

GENERAL PRACTICIONERS - LOCAL AREA STANDARD

SPECIALISTS - NATIONAL STANDARD

Question 1385

3

STANDING - INDIVIDUAL

Answer 1385

1. ACTUAL OR IMMINENT INJURY
2. INJURY CAUSED BY ALLEGED CONDUCT COMPLAINED OF
3. INJURY REDRESSIBLE BY FAVORABLE DECISION

Question 1386

3

STANDING - THIRD PARTY

Answer 1386

1. INDIVIDUAL STANDING
2. PLAINTIFF HAS SPECIAL RELATIONSHIP WITH THIRD PARTY
3. THIRD PARTY CANNOT ASSERT HIS OWN RIGHTS

Question 1387

2

STATE OF MIND EXCEPTION ONLY ADMISSIBLE WHEN

Answer 1387

1. STATE OF MIND WAS DIRECTLY AT ISSUE
2. OFFERED TO SHOW INTENT FOR SUBSEQUENT ACTS

Question 1388

2

STATE OF MIND EXCEPTION NOT ADMISSIBLE TO PROVE

Answer 1388

1. A FACT REMEMBERED OR BELIEVED
2. UNLESS IT RELATES TO DECLARANT’S WILL

Question 1389

3

STATEMENT AGAINST INTEREST EXCEPTION

Answer 1389

1. DECLARANT MUST BE UNAVAILABLE
2. STATEMENT AGAINST PECUNIARY, PROPRIETARY OR PENAL INTEREST OF WITNESS WHEN MADE
3. DECLARANT MUST HAVE PERSONAL KNOWLEDGE OF THE FACTS

Question 1390

2

STATEMENT OF AGENT HEARSAY EXCEPTION

Answer 1390

1. STATEMENT OF EMPLOYEE WHILE IN THE SCOPE OF JOB
2. WHO IS AUTHORIZED TO SPEAK ON EMPLOYER’S BEHALF.

Question 1391

1

STATEMENTS FOR MEDICAL DIAGNOSIS - FRE

Answer 1391

1. FRE ALLOWS STATEMENT REGARDING SOURCE OF CONDITION.

Question 1392

2

STATEMENTS IN DOCUMENTS AFFECTING PROPERTY INTEREST EXCEPTION

Answer 1392

1. WHERE STATEMENT IN DOCUMENT PURPORTS TO ESTABLISH OR AFFECT AN INTEREST IN PROPERTY
2. IF MATTER STATED IS RELEVANT TO DOCUMENT’S PURPOSE

Question 1393

3

STATEMENTS MADE SUBSEQUENT TO MIRANDA INVOCATION BY DEFENDANT WILL BE ADMISSIBLE IF

Answer 1393

1. DEFENDANT INITIATES DISCUSSION
2. ADQUATE MIRANDA WARNINGS ARE REITERATED
3. NO INTERVENING INTERROGATION OCCURRED

Question 1394

1

STATEMENTS OBTAINED IN VIOLATION OF MIRANDA MAY BE USED

Answer 1394

1. TO IMPEACH

Question 1395

2

STATEMENTS THAT CAN’T BE DEFAMATORY

Answer 1395

1. PURE OPINION
2. HYPERBOLE THAT A REASONABLE PERSON WOULD KNOW WAS AN EXAGGERATED STATEMENT.

Question 1396

2

TWO DIFFERENT CATEGORIES

OF STATE’S STATUATORY BASES

FOR PERSONAL JURISDICTION

Answer 1396

1. LONG ARM STATUTES W/MINIMUM CONTACT STANDARD
2. SPECIFIC LONG ARM STATUTES

Question 1397

3

STATUATORY INTERPLEADER

Answer 1397

1. DIVERSITY ONLY REQUIRED BETWEEN CLAIMAINTS
2. CLAIM MUST BE AT LEAST 500 DOLLARS
3. DOESN’T HAVE JURISDICTIONAL LIMITATIONS

Question 1398

1

SHOES

Answer 1398

1. GO ON YOUR FEET

Question 1399

4

STOCK PRICES

Answer 1399

1. PAR VALUE IS SET MINIMUM PRICE AT ISSUANCE AND STOCK MAY NOT BE SOLD FOR LESS THAN THIS.
2. NO PAR IS NO MINIMUM PRICE FOR STOCK.
3. TREASURY STOCK IS PREVIOUSLY ISSUED AND REAQUIRED AND MAY BE TREATED AS NO PAR.
4. MODERNLY, MOSTLY OBSOLETE. CALIFORNIA DOESN’T REQUIRE PAR VALUE.

Question 1400

2

STOCK SHARES DEFINITION

Answer 1400

1. EQUITY SECURITIES
2. GRANTING SHAREHOLDER INTEREST IN CORPORATION

Question 1401

2

CREATION AND CLASSIFICATION OF STOCK SHARES RULES

Answer 1401

1. ORIGINAL NUMBER OF SHARES MUST BE FILED WITH SOS
2. DIFFERENT CLASSES OF SHARES MUST BE CLASS MUST BE IDENTIFIED BEFORE ISSUED

Question 1402

3

STOCK SUBSCRIPTION AGREEMENT

Answer 1402

1. WRITTEN PROMISE TO BUY SHARES OF STOCK
2. POST-INC IMMEDIATELY BINDING
3. PRE-INC IRREVOCABLE FOR SIX MONTHS AND MUST BE ACCEPTED BY CORPORATION

Question 1403

2

DEFENDANTS FOR THE CRIME OF RECEIVING STOLEN PROPERTY ARE THE DEFENDANTS

Answer 1403

1. RECEIVING PROPERTY KNOWN TO BE STOLEN
2. PROVIDING PROPERTY KNOWN TO BE STOLEN

Question 1404

1

STRETCH YOUR TOES TEN TIMES

Answer 1404

1. NOW PLEASE

Question 1405

2

STRICT LIABILITY CRIME AND MENS REA - STRICT LIABILITY REQUIRES

Answer 1405

1. NO MENS REA TO COMMIT A CRIME
2. ONLY COMMISSION OF THE LEGALLY PROSCRIBED ACTUS REUS.

Question 1406

1

STRICT LIABILITY FOR EXCAVATION - SUBJACENT SUPPORT

Answer 1406

1. STRICT LIABILITY ARISES WHERE PLAINTIFF CAN SHOW HER LAND WOULD HAVE COLLAPSED IN ITS NATURAL STATE DUE TO THE EXCAVATION.

Question 1407

1

STRICT LIABILITY FOR KEEPING A WILD ANIMAL MUST BE TRIGGERED BY ACTS THE WILD ANIMAL

Answer 1407

1. WOULD NORMALLY COMMIT AS A WILD ANIMAL

Question 1408

5

STRICT LIABILITY FOR TORT TRIGGERS

Answer 1408

1. ABNORMALLY DANGEROUS ACTIVITIES
2. WILD ANIMALS
3. KNOWN DANGEROUS DOMESTIC ANIMALS
4. EXCAVATION THAT WOULD HAVE CAUSED COLLAPSE IN LAND’S UNIMPROVED STATE
5. STRICT PRODUCT’S LIABILITY

Question 1409

2

SUBAGENT’S DUTIES

Answer 1409

1. AUTHORIZED ACTIVITY - SAME DUTY OWED TO PRINCIPAL
2. UNAUTHORIZED ACTIVITY - DUTY OWED ONLY TO AGENT

Question 1410

1

SUBJECT MATTER JURISDICTION DEFINITION

Answer 1410

1. COURT HAS AUTHORITY TO EXERCISE JURISDICTION OVER A PARTICULAR CONTROVERSY

Question 1411

1

SUBLEASE DEFINTION

Answer 1411

1. A SUBLEASE IS A TRANSFER OF ANYTHING LESS THAN THE ENTIRE INTEREST REMAINING ON A LEASE TERM.

Question 1412

3

SUBSTANTIVE DUE PROCESS - NON FUNDAMENTAL RIGHTS ARE INVOLVED WHERE REGULATIONS AFFECT

Answer 1412

1. SOCIAL WELFARE
2. ECONOMIC WELFARE
3. NON-FUNDAMENTAL PERSONAL RIGHTS

Question 1413

3

SUBSTANTIVE DUE PROCESS LIMITS GOVERNMENT’S ABILITY TO REGULATE

Answer 1413

1. PERSONAL AUTONOMY
2. PRIVACY
3. RIGHTS SUBSTANTIVE INTERESTS IN LIFE, LIBERTY AND PROPERTY

Question 1414

3

SUBSTITUTE SERVICE REQUIREMENTS - PRIVATE PARTY - CA - ONLY ALLOWED WHERE

Answer 1414

1. PERSONAL SERVICE CANNOT BE COMPLETED WITH REASONABLE DILIGENCE
2. DEFENDANT’S RESIDENCE WITH A COMPETENT MEMBER OF HIS HOUSEHOLD OVER 18 WHO IS INFORMED OF CONTENTS
3. SUMMONS AND COMPLAINT ALSO SERVED BY FIRST CLASS MAIL

Question 1415

2

SUBSTITUTE SERVICE REQUIREMENTS -CORPORATIONS - CA

Answer 1415

1. ONLY ON DEFENDANT’S REGISTERED AGENT
2. OR ONE WHO IS APPARENTLY IN CHARGE OF OFFICE DURING NORMAL OFFICE HOURS.

Question 1416

SUGAR

Answer 1416

IS BAD FOR YOU

Question 1417

3

SUPERSEDING INTERVENING EVENT

Answer 1417

1. UNFORESEEABLE EVENT
2. BREAKING CHAIN OF CAUSATION
3. BECOMES NEW PROXIMATE CAUSE

Question 1418

2

SUPPLEMENTAL JURISDICTION

Answer 1418

1. COURT HAS JURISDICTION OVER A CLAIM WITH INSUFFICIENT SUBJECT MATTER JURISDICTION
2. WHEN IT IS JOINED TO A CLAIM WITH SUFFICIENT SUBJECT MATTER JURISDICTION.

Question 1419

2

SUPPORT TRUST ELEMENTS

Answer 1419

1. DIRECTS TRUSTEE TO MAKE LIMITED DISTRIBUTIONS
2. FOR BENEFICIARY’S SUPPORT

Question 1420

2

SUPREMACY CLAUSE - FIELD PREEMPTION - EXPRESS PREEMPTION OCCURS WHEN FEDERAL STATUTE

Answer 1420

1. EXPLICITLY CONFIRMS
2. CONGRESS’ INTENT TO PREEMPT STATE LAW

Question 1421

2

SUPREMACY CLAUSE - FIELD PREEMPTION - IMPLIED PREEMPTION

Answer 1421

1. COMPREHENSIVENESS OF FEDERAL SCHEME - HOW MUCH LEFT UNCOVERED
2. FEDERAL AGENCY WAS CREATED TO OVERSEE THE AREA

Question 1422

2

SUPREMACY CLAUSE - TYPES OF FIELD PREEMPTION

Answer 1422

1. EXPRESS PREEMPTION
2. IMPLIED PREEMPTION

Question 1423

3

SUPREMACY CLAUSE CAN BE VIOLATED WHERE STATE LAW

Answer 1423

1. IS IN DIRECT CONFLICT WITH FEDERAL LAW
2. INTERFERES WITH ACHIEVEMENT OF FEDERAL OBJECTIVE
3. INTERFERES WITH FIELD CONGRESS INTENDS TO OCCUPY EXCLUSIVELY

Question 1424

2

SURVIVOR’S RIGHTS - PROPERTY TRANSFERS

Answer 1424

1. SURVIVING SPOUSE CAN SET ASIDE DECEDENT SPOUSE’S TRANSFERS OF CP AND QCP TO THE EXTENT TRANSFEREE STILL HAS PROPERTY
2. WHERE TRANSFEREE DOESN’T HAVE PROPERTY, SURVIVING SPOUSE CAN MAKE A CLAIM AGAINST THE ESTATE FOR HALF OF THE TRANSFER PROCEEDS

Question 1425

1

TAKINGS CLAUSE

Answer 1425

1. PRIVATE PROPERTY CAN’T BE TAKEN FOR PUBLIC USE WITHOUT JUST COMPENSATION

Question 1426

1

TAKINGS CLAUSE - MEASURE OF JUST COMPENSATION

Answer 1426

1. PROPERTY’S FAIR MARKET VALUE AT TIME OF TAKING

Question 1427

3

TAKINGS CLAUSE - NON PER SE TAKING EVALUATION FACTORS

Answer 1427

1. ECONOMIC IMPACT ON CLAIMANT
2. EXTENT OF INTERFERENCE WITH INVESTOR BACKED EXPECTATIONS
3. CHARACTER OF GOVERNMENT ACTION

Question 1428

2

TAKINGS CLAUSE - PER SE TAKING OCCURS WHEN

Answer 1428

1. PERMANENT PHYSICAL INVASION OF PROPERTY
2. TOTAL DENIAL OF ECONOMICALLY BENEFICIAL USE OF PROPERTY

Question 1429

1

TAKINGS CLAUSE - PUBLIC USE MUST BE

Answer 1429

1. RATIONALLY RELATED TO A CONCEIVABLE PUBLIC PURPOSE OR BENEFIT

Question 1430

2

CONGRESSIONAL POWER - TAXING AND SPENDING CLAUSE - CONGRESS HAS THE RIGHT TO

Answer 1430

1. TAX FOR GENERAL WELFARE OF US
2. CONDITIONALLY GRANT FUNDING

Question 1431

2

FEDERAL TAXPAYER STANDING IS ONLY FOR

Answer 1431

1. VIOLATIONS OF ESTABLISHMENT CLAUSE
2. MADE BY SPENDING OR TAX PROGRAMS

Question 1432

3

TEMPORARY RESTRAINING ORDER

Answer 1432

1. PRESERVES THE STATUS QUO
2. FOR A SHORT PERIOD OF TIME
3. PENDING ISSUANCE OF A PRELIMINARY INJUNCTION

Question 1433

1

TENANCY AT SUFFERANCE IS CREATED WHEN

Answer 1433

1. TENANT WRONGFULLY HOLDS OVER PAST EXPIRATION OF A VALID LEASE

Question 1434

2

TENANCY AT WILL - TENANCY IS CREATED BY

Answer 1434

1. EXPRESS AGREEMENT
2. OR IMPLIED BY NO SIGNED LEASE AGREEMENT IN SOME JX.

Question 1435

1

TENANCY AT WILL DURATION MAY BE

Answer 1435

1. ANY PERIOD OF TIME

Question 1436

3

TENANCY FOR YEARS

Answer 1436

1. LEASE AGREEMENT WITH STATED START AND END DATE
2. NO NOTICE OF TERMINATION IS REQUIRED BECAUSE STATED IN CONTRACT.

Question 1437

2

TENANTS DUTY TO PAY RENT WHEN NO FAULT DESTRUCTION OF PREMISES OCCURS

Answer 1437

1. AT COMMON LAW - TENANT MAINTAINS DUTY TO PAY
2. MODERNLY, MOST JX ALLOW TERMINATION

Question 1438

1

TENDER OFFER

Answer 1438

1. AN OFFER TO PURCHASE A CONTROLLING PERCENTAGE OF SHARES IN A CORPORATION

Question 1439

3

TENTH AMENDMENT ELEMENTS

Answer 1439

1. POWERS NOT DELEGATED TO FEDERAL GOVERNMENT
2. OR PROHIBITED BY U.S. CONSTUTION
3. ARE RESERVED FOR THE STATES

Question 1440

8

TERMINATION OF EASEMENTS (END CRAMP)

Answer 1440

1. ESTOPPEL
2. NECESSITY ENDED
3. DESTRUCTION OF SERVIENT LAND
4. CONDEMNATION BY EMINENT DOMAIN
5. RELEASE IN WRITING BY EASEMENT HOLDER
6. ABANDONMENT ACTION
7. MERGER
8. PRESCRIPTION

Question 1441

3

TERMINATION OR MODIFICATION OF EQUITABLE SERVITUDES

Answer 1441

1. AGREEMENT OF ALL PARTIES IN A SUFFICIENT WRITING
2. ABANDONMENT ACTION
3. CHANGED CONDITIONS

Question 1442

5

TERRY STOP OCCURS WHEN

Answer 1442

1. STOP AND FRISK WITH
2. REASONABLE SUSPICION
3. THAT SUSPECT IS ENGAGED IN
4. OR ABOUT TO COMMIT CRIMINAL ACTIVITY
5. AND IS ARMED AND DANGEROUS

Question 1443

4

ERIE DOCTRINE - WHEN NO FEDERAL DIRECTIVE ON POINT, WHETHER A LAW IS SUBSTANTIVE OR PROCEDURAL IS DETERMINED BY

Answer 1443

1. WHETHER OR NOT THE LAW APPLIED WOULD AFFECT THE CASE OUTCOME
2. IF YES, APPLY STATE LAW
3. TO DETER FORUM SHOPPING
4. AND PREJUDICE AGAINST THE PARTIES

Question 1444

3

TESTAMENTARY TRUST

Answer 1444

1. CREATED BY WILL
2. WILL CONTAINS MATERIAL PROVISIONS OF TRUST
3. TRUST ARISES WHEN TESTATOR DIES

Question 1445

2

THIRD PARTY WITNESS STATEMENTS ARE TESTIMONIAL IN NATURE WHERE

Answer 1445

1. PRIMARY PURPOSE IS TO PROVE PAST EVENTS POTENTIALLY RELEVANT TO CRIMINAL PROSECUTION
2. MADE WHEN CIRCUMSTANCES INDICATE NO ONGOING EMERGENCY

Question 1446

2

THIRD PARTY WITNESS STATEMENTS ARE TESTIMONIAL IN NATURE WHERE

Answer 1446

1. PRIMARY PURPOSE IS TO PROVE PAST EVENTS POTENTIALLY RELEVANT TO CRIMINAL PROSECUTION
2. MADE WHEN CIRCUMSTANCES INDICATE NO ONGOING EMERGENCY

Question 1447

1

THE CAPITAL OF WYOMING IS

Answer 1447

CHEYENNE

Question 1448

2

THE COURT CAN TAKE JUDICIAL NOTICE OF FACTS NOT SUBJECT TO REASONABLE DISPUTE WHERE

Answer 1448

1. CAPABLE OF ACCURATE AND READY DETERIMINATION
2. BY A SOURCE WHOSE ACCURACY CANNOT BE REASONABLY QUESTIONED.
3. OR FACTS ARE GENERALLY KNOWN WITHIN THE JURSIDICTION

Question 1449

1

THE DURATION OF A TENANCY AT SUFFERANCE IS

Answer 1449

1. ANY PERIOD OF TIME TENANT WRONGFULLY OCCUPIES

Question 1450

4

THE EXCLUSIONARY RULE WILL NOT APPLY TO

Answer 1450

1. GRAND JURY PROCEEDINGS
2. CIVIL CASE WHERE VIOLATING EVIDENCE WAS SEIZED BY OTHER SOVEREIGN
3. IMPEACHMENT
4. HABEUS CORPUS PROCEEDINGS

Question 1451

3

THE LAW WILL TREAT A DE FACTO CORPORATION AS A

Answer 1451

1. VALID CORPORATION
2. SHIELDING FROM THIRD PARTY ATTACK
3. BUT STILL OPEN TO QUO WARRANTO PROCEEDING

Question 1452

4

THE MIRANDA WARNINGS ARE

Answer 1452

1. YOU HAVE THE RIGHT TO REMAIN SILENT
2. ANYTHING YOU SAY CAN BE USED AGAINST YOU IN A COURT OF LAW
3. YOU HAVE THE RIGHT TO AN ATTORNEY
4. IF YOU CANNOT AFFORD AN ATTORNEY, THE COURT WILL APPOINT ONE FOR YOU.

Question 1453

2

THE REDLINE RULE

Answer 1453

1. UNDER THE REDLINE RULE THE DEFENDATN MAY NOT BE CHARGED FOR THE HOMICIDES OF CO-FELONS CAUSED BY VICTIMS, BYSTANDERS OR POLICE
2. DURING COMMISSION OF AN INHERENTLY DANGEROUS VIOLENT FELONY.

Question 1454

1

THE SCOPE OF X-EXAM FOR A HOSTILE OR NON-HOSTILE WITNESS IS LIMITED TO

Answer 1454

1. THE SCOPE OF DIRECT EXAM

Question 1455

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)

Answer 1455

1. INTENT
2. PREPARATION
3. IDENTITY OF PERPERTRATOR
4. KNOWLEDGE
5. ABSENCE OF MISTAKE OR ACCIDENT
6. MOTIVE
7. OPPORTUNITY
8. PLAN

Question 1456

3

CONSEQUENCE OF THIRD PARTY KNOWINGINGLY RECEIVING TRUST PROPERTY

Answer 1456

1. CREATES CONSTRUCTIVE TRUST
2. WHERE THIRD PARTY ACTS AS TRUSTEE
3. MAKING HIM PERSONALLY LIABLE FOR ANY DAMAGE TO TRUST PROPERTY

Question 1457

3

THIRD PARTY COMPENSATION OF ATTORNEYS FEES ONLY ALLOWED WHERE

Answer 1457

1. THIRD PARTY DOES NOT INTERFERE WITH INDEPENDENC EOF PROFESSIONAL JUDGMENT OR LAWYER-CLIENT RELATIONSHIP
2. CLIENT INFO IS KEPT CONFIDENTIAL
3. CLIENT GIVES INFORMED CONSENT (CA REQUIRES WRITING)

Question 1458

2

THIRD PARTY CONSENT FOR VALID SEARCH WILL ONLY APPLY TO

Answer 1458

1. COMMON AREAS
2. NOT PRIVATE AREAS DEFENDANT EXCLUSIVELY CONTROLS

Question 1459

2

THIRD PARTY INCIDENTAL BENEFICIARY

Answer 1459

1. A PARTY NOT DIRECTLY INTENDED TO BENEFIT FROM THE CONTRACT
2. WHO MAY NOT SEEK DAMAGES FOR THE BREACH.

Question 1460

2

THIRD PARTY TESTIMONIAL STATEMENTS ADVERSE TO DEFENDANT ARE ONLY ADMISSIBLE AGAINST DEFENDANT WHERE

Answer 1460

1. DECLARANT IS AVAILABLE FOR X-EXAM WHEN STATEMENT IS MADE
2. OR AVAILABLE FOR X-EXAM AT TRIAL

Question 1461

3

THREE PRESENT COVENANTS OF TITLE CONTAINED IN GENERAL WARRANTY DEED

Answer 1461

1. SEISIN - WARRANTS GRANTOR OWNS WHAT HE PURPORTS TO OWN
2. RIGHT TO CONVEY - WARRANTS GRANTOR HAS POWER TO MAKE CONVEYANCE
3. AGAINST ENCUMBRANCES - WARRANTS NO MORTGAGES, LIENS, EASEMENTS OR OTHER USE RESTRICTIONS ON LAND

Question 1462

3

THREE TYPES OF DEED

Answer 1462

1. QUITCLAIM DEED
2. WARRANTY DEED
3. SPECIAL WARRANTY DEED

Question 1463

3

THREE TYPES OF PRODUCT DEFECTS

Answer 1463

1. DESIGN DEFECTS
2. MANUFACTURING DEFECTS
3. FAILURE TO WARN

Question 1464

1

TIES GO AROUND

Answer 1464

NECKS

Question 1465

1

TIME CRITERION FOR DIVERSITY FOR SUBJECT MATTER JURISDICTION

Answer 1465

1. DIVERSITY MUST EXIST AT THE TIME THE CASE IS FILED.

Question 1466

4

TIME, PLACE OR MANNER RESTRICTIONS - TO REGULATE SPEECH AT PUBLIC FORUM - THE REGULATION MUST BE

Answer 1466

1. CONTENT NEUTRAL
2. NARROWLY TAILORED
3. TO SERVE IMPORTANT GOVERNMENT INTEREST
4. LEAVE ALTERNATIVE CHANNELS OF COMMUNICATION OPEN

Question 1467

2

MOOTNESS AND CLASS ACTIONS

Answer 1467

1. WHERE AT LEAST ONE CLASS MEMBER STILL HAS INJURY
2. CASE IS NOT MOOT

Question 1468

2

TIMELINESS - MOOTNESS EXCEPTIONS

Answer 1468

1. UNLESS CAPABLE OF REPITITION YET EVADING REVIEW
2. VOLUNTARY CESSATION BY DEFENDANT WHO COULD RESUME INJURIOUS ACTIVITY

Question 1469

2

TIMELINESS - RIPENESS

Answer 1469

1. LIVE CONTROVERSY
2. OR THREAT OF IMMINENT HARM

Question 1470

2

TIMING REQUIREMENTS FOR 26F CONFERENCE

Answer 1470

1. AT LEAST 21 DAYS BEFORE 16B CONFERENCE
2. DISCOVERY PLAN MUST BE SUBMITTED WITHIN 14 DAYS OF CONFERENCE.

Question 1471

3

TIPPEES ARE LIABLE WHERE TIPEE

Answer 1471

1. HAD SCIENTER
2. KNEW TIPPER BREACHED FIDUCIARY DUTY
3. AND TRADED ON INFORMATION ANYWAY

Question 1472

3

TIPPERS

Answer 1472

1. PROVIDE INSIDER INFORMATION
2. LIABLE WHERE INFORMATION WAS SHARED FOR PERSONAL GAIN OF ANY KIND
3. LIABLE WHERE INFO WAS USED TO TRADE BY ANYONE

Question 1473

2

TITLED PROPERTY DEEMED ASSETS OF PARTNERSHIP WHERE

Answer 1473

1. TITLED IN PARTNERSHIP’S NAME
2. TITLED IN PARTNER’S NAME AND INSTRUMENT TRANSFERRING TITLE INDICATES OWNER IS PARTNER OR REFERENCES PARTNERSHIP

Question 1474

2

BUSINESS PARTHERSHIP - TITLED PROPERTY IS THE SEPARATE PROPERTY OF PARTNERS WHERE

Answer 1474

1. HELD IN INDIVIDUAL PARTNER’S NAMES
2. AND PURCHASED WITH INDIVIDUAL PARTNER’S FUNDS

Question 1475

1

TO ADMIT A PRIOR INCONSISTENT STATEMENT AS SUBSTANTIVE EVIDENCE UNDER THE CALIFORNIA EVIDENCE CODE, THE OFFERING PARTY MUST

Answer 1475

1. X-EXAM THE IMPEACHED WITNESS IN THE CURRENT PROCEEDING ABOUT THE STATEMENT

Question 1476

3

TO ADMIT A PRIOR INCONSISTENT STATEMENT AS SUBSTANTIVE EVIDENCE UNDER THE FRE, THE OFFERING PARTY MUST SHOW

Answer 1476

1. THE PRIOR STATEMENT IS INCONSISTENT WITH WITNESS’S PRESENT TESTIMONY
2. THE PRIOR STATEMENT WAS GIVEN UNDER OATH
3. THE WITNESS HAS BEEN X-EXAMINED ABOUT THE PRIOR STATEMENT IN THE CURRENT TRIAL

Question 1477

1

FOR FEDERAL QUESTION JURSIDICTION, THE FEDERAL QUESTION AT ISSUE MUST APPEAR ON THIS PART OF PLAINTIFF’S INITIAL FILINGS

Answer 1477

1. ON THE FACE OF PLAINTIFF’S WELL-PLEADED COMPLAINT.

Question 1478

2

TO QUALIFY AS A HABIT, CONDUCT MUST BE

Answer 1478

1. HIGHLY SPECIFIC
2. FREQENTLY REPEATED

Question 1479

1

TO SUCCESSFULLY CONTEST A NO CONTEST CLAUSE, THE FORFEITED BENEFICIARY MUST HAVE

Answer 1479

1. PROBABLE CAUSE

Question 1480

1

TORT - GROSS NEGLIGENCE OCCURS WHERE DEFENDANT

Answer 1480

1. DELIBERATELY BREACHED A PREEXISTING DUTY

Question 1481

4

MODERN TORT LIABILITY OF LANDLORD - LANDLORDS HAVE A DUTY TO

Answer 1481

1. MAINTAIN COMMON AREAS
2. FIX LATENT DEFECT OF WHICH THEY HAVE KNOWLEDGE
3. MAKE NONNEGLIGENT REPAIRS
4. INSPECT FOR DEFECTS WHERE PREMISES ARE HELD OPEN TO THE PUBLIC

Question 1482

1

TORTIOUS ASSSAULT ELEMENTS - LIABILITY ARISES WEHRE

Answer 1482

1. DEFENDANT INTENTIONALLY ACTS TO CAUSE AND DOES CAUSE PLAINTIFF TO SUFFER APPREHENSION OF AN UNREASONABLE, IMMINENT HARMFUL OR OFFENSIVE CONTACT.

Question 1483

3

TORTS - WHO IS AN AGGRESSOR?

Answer 1483

1. PARTY WHO STARTS THE FRACAS
2. CONTINUES VIOLENCE DESPITE ATTEMPTED WITHDRAWAL
3. SERIOUSLY ESCALATES THE COMBAT

Question 1484

3

EQUITABLE LIEN - WHERE PLAINTIFF TRACES WRONGFUL TAKEN FUNDS TO A COMMINGLED ACCOUNT

Answer 1484

1. LOWEST INTERMEDIATE BALANCE RULE APPLIES
2. PLAINTIFF RECEIVES ACTUAL MONEY OWNED
3. SANS INCREASE

Question 1485

3

TRACING FOR CONSTRUCTIVE TRUSTS

Answer 1485

1. IMIPROPERLY OBTAINED PROPERTY IS SOLD OR EXCHANGED FOR NEW PROPERTY
2. PLAINTIFF CAN TRACE PROPERTY WHERE IT IS SOLELY TRACEABLE TO ITS CURRENT FORM
3. FUNDS ARE NOT COMMINGLED

Question 1486

3

TRADE FIXTURES - DEFINTION AND REMOVAL

Answer 1486

1. AFFIXED TO REAL ESTATE BY COMMERCIAL TENANT FOR BUSINESS PURPOSES
2. STRONGLY PRESUMED REMOVABLE
3. TENANT BEARS COST OF REPAIR FOR DAMAGES CAUSED BY REMOVEABLE

Question 1487

3

TRADITIONAL BASES FOR PERSONAL JURISDICTION

Answer 1487

1. DEFENDANT DOMICILED IN FORUM STATE
2. DEFENDANT CONSENTS TO JURISDICTION IN FORUM STATE
3. DEFENDANT SERVED IN FORUM STATE

Question 1488

1

TRANSFER OF EASEMENTS - WHEN A DOMINANT ESTATE TRANSFERS, THE EASEMENT IS

Answer 1488

1. APPURTENANT - RUNS WITH THE LAND

Question 1489

2

TRANSFER OF EASEMENTS - EASEMENT IN GROSS AND THE EASEMENT HOLDER

Answer 1489

1. IN GROSS AT COMMON LAW - NO TRANSFER
2. IN GROSS MODERNLY - COMMERCIAL EASEMENTS TRANSFERRABLE.

Question 1490

2

TRANSFER OF EASEMENTS - SERVIENT ESTATE

Answer 1490

1. RUNS WITH THE LAND
2. UNLESS BFP TOOK FOR VALUE WITH NO NOTICE

Question 1491

2

BENEFICIARY’S INTEREST IN PROPERTY AFTER TRANSFER OF TRUST PROPERTY TO THIRD PARTY

Answer 1491

1. IF PROPERTY TRANSFERRED TO BFP FOR VALUE, BENEFICIARY’S INTEREST IS CUTOFF
2. IF PROPERTY NOT TRANSFERRED TO BFP FOR VALUE, BENEFICIARY CAN SET ASIDE TRANSFER

Question 1492

2

TRANSFERRABILITY OF INTERESTS IN A LLC

Answer 1492

1. MANAGEMENTS INTERESTS ARE NOT FREELY TRANSFERRABLE
2. RIGHT TO RECEIVE PROFITS AND LOSSES ARE TRANSFERRABLE

Question 1493

2

TRANSFERRED INTENT - LIABLITY ARISES FOR ALL INJURES CAUSED

Answer 1493

1. BY ANY INTENTIONAL TORTS CAUSED BY DEFENDANT’S ORIGINAL ACTION
2. REGARDLESS OF DEFENDANT’S INTENT TO CAUSE INURIES

Question 1494

3

TRANSFERRED INTENT

Answer 1494

1. UNDER THE DOCTRINE OF TRANSFERRED INTENT, DEFENDANT’S CRIMINAL INTENT WILL BE TRANSFERRED FROM THE INTENDED PERSON OR OBJECT
2. TO THE INJURED PERSON OR OBJECT
3. AND CRIMINAL LIABILITY WILL FOLLOW.

Question 1495

2

TRANSFERS OF STOCKS - RESTRICTIONS ON TRANSFERS WILL ONLY BE ENFORCED AGAINST THIRD PARTIES WHERE RESTRICTIONS

Answer 1495

1. WERE CONSPICUOUSLY NOTED ON INSTRUMENT
2. OR PREEXISTING KNOWLEDGE OF RESTRICTION

Question 1496

1

TRANSMUTATION AND COMMUNITY PROPERTY LAW

Answer 1496

1. CHANGE THE ESTATE OR OWNERSHIP CHARACTERIZATION OF AN ASSET

Question 1497

1

TRANSMUTATION AND COMMUNITY PROPERTY LAW

Answer 1497

1. CHANGE THE ESTATE OR OWNERSHIP CHARACTERIZATION OF AN ASSET

Question 1498

1

TRANSMUTATION

Answer 1498

1. CHANGE THE PROPERTY CHARACTERIZATION OF AN ASSET

Question 1499

3

TRANSMUTATION PRE 1985 COULD BE

Answer 1499

1. ORAL
2. WRITTEN
3. INFERRED BY SPOUSE’S CONDUCT

Question 1500

3

TRANSMUTATION - WRITING NOT REQUIRED FOR GIFTS BETWEEN SPOUSES WHERE

Answer 1500

1. TANGIBLE ARTICLES OF PERSONAL NATURE
2. INSUBSTANTIAL IN VALUE
3. IN CONTEXT OF MARITAL CIRCUMSTANCES

Question 1501

2

ADMISSIBILITY OF STATEMENTS IN A WILL AS EVIDENCE OF TRANSMUTATION OF ASSET

Answer 1501

1. INADMISSIBLE
2. BEFORE DEATH OF DEVISOR

Question 1502

3

TRANSMUTATION TO 3RD PARTIES

Answer 1502

1. NOT EFFECTIVE
2. WITHOUT NOTICE
3. UNLESS RECORDED

Question 1503

3

TRANSMUTATIONS MADE ON OR AFTER 1985

Answer 1503

1. AN EXPRESS DECLARATION
2. BY SPOUSE ADVERSELY AFFECTED
3. MADE IN WRITING

Question 1504

2

TO TRANSMUTE CP TO SP IN OR AFTER 1985, THE SPOUSE ADVERSELY AFFECTED MUST

Answer 1504

1. MAKE AN EXPRESS WRITTEN DECLARATION
2. OF INTENT TO TRANSMUTE CP ASSET TO SP

Question 1505

2

PUTATIVE SPOUSE’S PROPERTY IS TREATED AS

Answer 1505

1. QUASI-MARITAL PROPERTY
2. QMP IS TREATED LIKE COMMUNITY PROPERTY

Question 1506

2

TRESPASS TO LAND - DAMAGES AWARDED ARE

Answer 1506

1. ACTUAL DAMAGES CAUSED BY ENTRY
2. NOMINAL DAMAGES

Question 1507

1

TRESSPASS TO CHATTELS - LIABILITY ARISES WHERE DEFENDANT

Answer 1507

1. INTENTIONALLY AND WITHOUT AUTHORIZATION INTERFERES WITH OR CAUSES DAMAGE TO PLAINTIFF’S CHATTELS

Question 1508

2

WHERE AN AGENT EXCEEDS ACTUAL AUTHORITY - THE PRINCIPAL WILL BE BOUND TO AGENT’S ACTS WHERE THE AGENT

Answer 1508

1. ACTS IN WAY AN AGENT IN SUCH A POSITION WOULD NORMALLY BE ALLOWED TO ACT
2. WAS PREVIOUSLY ALLOWED TO SIMILARLY ACT IN EXCESS OF AUTHORITY

Question 1509

5

TRIGGERS FOR ABSOLUTE PRIVILEGE APPLIES TO STATEMENTS MADE

Answer 1509

1. BY LEGISLATORS AND AIDS ON FLOOR
2. BETWEEN FEDERAL EXECUTIVE OFFICIALS
3. JUDICIAL PROCEEDINGS
4. COMMUNICATION BETWEEN SPOUSES
5. UNTIL REPEATED IN CONTEXT WITH NO PRIVILEGE

Question 1510

3

AN AGENT HAS ACTUAL IMPLIED AUTHORITY WHERE

Answer 1510

1. THE TASK IS REASONABLY NECESSARY TO ACCOMPLISH EXPECTED GOALS
2. CUSTOMARY FOR THIS TYPE OF AGENT TO HAVE AUTHORITY TO DO THIS TASK
3. DURING PRIOR DEALINGS AGENT HAD AUTHORITY TO DO THIS TASK

Question 1511

4

TRIGGERS FOR QUALIFIED PRIVILEGE DEFENSE TO DEFAMATION

Answer 1511

1. COMMUNICATION APPEARS REASONABLY NECESSARY TO PROTECT DEFENDANT’S OR THIRD PARTY’S LEGITIMATE INTERESTS
2. PAST EMPLOYER’S REFERENCE
3. NEWSWORTHY EVENTS
4. REPORTS OF PUBLIC HEARINGS

Question 1512

2

TRO REQUIRES A SHOWING OF

Answer 1512

1. IRREPERABLE HARM DURING WAITING PERIOD FOR INJUNCTION
2. IF TRO NOT GRANTED

Question 1513

8

TRUSTEE DEFINITION (SIAM)

Answer 1513

1. HOLDS LEGAL TITLE TO SPECIFIC PROPERTY
2. UNDER A FIDUCIARY DUTY TO
3. SAFEGUARD
4. ADMINISTER
5. INVEST
6. MANAGE
7. TRUST ASSETS AND INCOME
8. FOR THE BENEFIT OF DESIGNATED BENEFICIARIES

Question 1514

1

TRUST TERMINATION POWERS - TRUSTEE

Answer 1514

1. TRUSTEE DOES NOT HAVE POWER TO TERMINATE TRUST EXCEPT FOR WHERE TRUST PROVIDES

Question 1515

3

TRUST TERMINATION POWERS - BENEFICIARIES

Answer 1515

1. WHERE UNANIMOUS CONSENT
2. WHERE ALL ARE COMPETENT
3. WHERE PURPOSE OF TRUST WONT BE FRUSTRATED

Question 1516

2

TRUSTEE - DELEGATION OF DUTIES

Answer 1516

1. AT COMMON LAW, NO DELEGATION ALLOWED
2. MODERNLY, DELEGATION IS ALLOWED WHERE DUE CARE AND SKILL ARE USED TO SELECT AGENTS

Question 1517

3

TRUSTEE - DUTY OF LOYALTY

Answer 1517

1. NO SELF-DEALING
2. NO CONFLICTS OF INTEREST
3. TREAT ALL BENEFICIARIES EQUALLY

Question 1518

2

TRUSTEE CAN’T OFFSET LOSSES FOR BREACH

Answer 1518

1. WHERE ONE BREACH CAUSES LOSS
2. AND ANOTHER BREACH CAUSES GAIN

Question 1519

2

TRUSTEE NAMING REQUIREMENTS OF A TRUST

Answer 1519

1. TRUSTEE NEED NOT BE NAMED
2. COURT WILL APPOINT TRUSTEE WHERE TRUST DOES NOT NAME ONE

Question 1520

3

TO ADMINISTER TRUST - TRUSTEE HAS ALL POWERS

Answer 1520

1. EXPRESSLY ENNUMERATED IN TRUST
2. EXPRESSLY ENUMERATED AT LAW
3. IMPLED BY TRUST AS NECESSARY AND APPRORIATE TO CARRY OUT TERMS OF TRUST

Question 1521

6

TRUSTS ESSAY STRUCTURE

DIRTY

CHEATS

EAT

DIRTY CHEATS

VERY ROTTEN

LUNCHMEATS

Answer 1521

1. TRUST DEFINITION
2. TRUST CREATION
3. EXPRESS TRUST DEFINITION
4. EXPRESS TRUST CREATION
5. VALID TRUST REQUIREMENTS
6. LIMITATIONS ON TRUSTS

Question 1522

3

TRUSTS FOR REAL PROPERTY MUST BE EXECUTED BY

Answer 1522

1. TRUSTEE OR
2. SETTLOR OR
3. THEIR AGENT

Question 1523

2

THE SOURCE RULE -

TWO TRACING METHODS ALLOWED BY COURT

Answer 1523

1. EXHAUSTION METHOD
2. DIRECT TRACING

Question 1524

3

TYPES OF AUTHORITY CAUSING PRINCIPAL’S LIAIBLITY FOR AGENT’S CONTRACTS

Answer 1524

1. ACTUAL EXPRESS AUTHORITY
2. ACTUAL IMPLIED AUTHORITY
3. APPARENT AUTHORITY

Question 1525

2

TYPES OF COMPENSATORY DAMAGES IN

TORT ACTIONS

Answer 1525

1. GENERAL DAMAGES
2. SPECIAL DAMAGES

Question 1526

7

TYPES OF CONTRACT DAMAGES

Answer 1526

1. EXPECTATION DAMAGES
2. CONSEQUENTIAL DAMAGES
3. INCIDENTAL DAMAGES
4. RELIANCE DAMAGES
5. LIQUIDATED DAMAGES
6. NOMINAL DAMAGES
7. PUNITIVE DAMAGES

Question 1527

3

TYPES OF CORPORATE DISSOLUTION

Answer 1527

1. VOLUNTARY
2. ADMINISTRATIVE
3. JUDICIAL

Question 1528

3

TYPES OF FEE SIMPLE DEFEASIBLE

Answer 1528

1. FEE SIMPLE DETERMINABLE
2. FEE SIMPLE TO SUBJECT TO CONDITION SUBSEQUENT
3. FEE SIMPLE SUBJECT TO AN EXECUTORY LIMITATION

Question 1529

3

TYPES OF FRAUD POSSIBLE DURING TESTAMENTARY PROCESS

Answer 1529

1. FRAUD IN THE EXECUTION
2. FRAUD IN THE INDUCEMENT
3. FRAUD PREVENTING REVOCATION

Question 1530

6

TYPES OF FUNDAMENTAL STRUCTURE CHANGES TO CORPORATION REQUIRING SHAREHOLDER APPROVAL

Answer 1530

1. AMENDMENT TO AOI
2. MERGER
3. CONSOLIDATION
4. CONVERSION
5. DISPOSITION (SALE OF ALL OR NEARLY ALL OF CORP ASSETS)
6. DISSOLUTION

Question 1531

3

TYPES OF NOTICE FOR RECORDING ACT STATUTES

Answer 1531

1. ACTUAL
2. CONSTRUCTIVE/RECORD
3. INQUIRY

Question 1532

2

TYPES OF PARTNERSHIPS

Answer 1532

1. GENERAL PARTNERSHIP
2. LIMITED PARTNERSHIP

Question 1533

2

TYPES OF SUPPLEMENTAL JURISDICTION

Answer 1533

1. ANCILLARY JURISDICTION - COURT ASSERTS JX OVER DEFENDANT’S CROSS CLAIM OR COUNTERCLAIM.
2. PENDENT JURISDICTION - INSUFFICENT SUBJECT MATTER JX CLAIM JOINED TO A SUFFICIENT SUBJECT MATTER JX CLAIM.

Question 1534

13

TYPES OF TRUSTS

Answer 1534

1. EXPRESS
2. TESTAMENTARY
3. POUR OVER
4. SECRET
5. SEMI-SECRET
6. SPENDTHRIFT
7. SUPPORT
8. DISCRETIONARY SUPPORT
9. CHARITABLE
10. HONORARY
11. TOTTEN
12. RESULTING (PURCHASE MONEY)
13. CONSTRUCTIVE

Question 1535

3

UCC - TO PROVE HE IS LOST VOLUME SELLER, SELLER MUST SHOW

Answer 1535

1. HE MAKES HIGH VOLUME OF SIMILAR GOODS
2. HE HAS MULTIPLE BUYERS
3. VOLUME SALES BREAK EVEN OR MAKE A PROFIT

Question 1536

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

Answer 1536

1. PROMISEE’S REASONABLE NOTICE TO THE PROMISOR THAT STRICT PERFORMANCE OF THE WAIVED CONDITION WILL BE REQUIRED.

Question 1537

1

UCC - WAIVERS OF CONDITIONS CREATED BY NO WRITING FOR MODIFICATIONS OF CONTRACTS FOR SALE OF GOODS OVER $500 NOT RETRACTABLE WHERE

Answer 1537

1. A PARTY MADE A MATERIAL CHANGE IN POSITION ON RELIANCE ON THE WAIVER

Question 1538

3

UCC 2-104 - MERCHANT

Answer 1538

1. A PERSON DEALING WITH GOODS OF THE KIND
2. OR HAS KNOWLEDGE OR SKILL PECULIAR TO THE PRACTICES OR GOODS INVOLVED IN THE CONTRACT
3. OR EMPLOYS ONE WITH SUCH KNOWLEDGE OR SKILL

Question 1539

1

STATUTE OF FRAUDS UNDER UCC

Answer 1539

1. CONTRACTS FOR SALES OF GOODS IN EXCESS OF 500 DOLLARS MUST BE MADE IN WRITING TO BE ENFORCEABLE AT LAW.

Question 1540

2

UCC 2-206 ACCEPTANCE

Answer 1540

1. UNDER UCC 2-206, ACCEPTANCE MAY BE MADE IN ANY REASONABLE MANNER
2. INCLUDE A PROMISE TO SHIP GOODS OR A SHIPMENT OF CONFORMING OR NON-CONFORMING GOODS.

Question 1541

3

UCC VARYING TERMS IN ACCEPTANCE - BOTH PARTIES ARE MERCHANTS - VARYING TERMS IN THE ACCEPTANCE NOT INCLUDED IN THE CONTRACT WHERE

Answer 1541

1. WHERE THEY MATERIALLY ALTER CONTRACT
2. WHERE PARTY TO BE BOUND OBJECTS TO TERMS WITHIN A REASONABLE PERIOD OF TIME
3. WHERE OFFER EXPRESSLY LIMITS ACCEPTANCE

Question 1542

1

UCC - RESULT OF VARYING TERMS WHEN BOTH PARTIES NOT MERCHANTS

Answer 1542

1. VARYING TERMS OF ACCEPTANCE WILL NOT BE INCLUDED IN THE CONTRACT.

Question 1543

1

UCC - RESULT OF VARYING TERMS WHEN BOTH PARTIES NOT MERCHANTS

Answer 1543

1. VARYING TERMS OF ACCEPTANCE WILL NOT BE INCLUDED IN THE CONTRACT.

Question 1544

1

REQUIREMENT FOR CONSIDERATION FOR MODFICATION OF CONTRACT UNDER THE UCC

Answer 1544

1. MODIFICATION OF CONTRACT FOR THE SALE OF GOODS DOES NOT NEED CONSIDERATION FOR THE SALE OF GOODS TO BE BINDING AT LAW.

Question 1545

2

UCC 2-209 SOF AFFECT ON CONTRACT MODIFICATIONS

Answer 1545

1. MODFICATIONS OF CONTRACT FOR GOODS IN EXCESS OF 50 DOLLARS MUST BE MADE IN WRITING TO BE ENFORCEABLE AT LAW
2. IF MODIFICATIONS AREN’T IN WRITING, THEY BECOME RETRACTABLE WAIVERS OF CONDITIONS

Question 1546

1

UCC 2-508 BREACHING SELLER’S RIGHT TO CURE - BREACHING SELLER HAS RIGHT ABSOLUTE RIGHT TO CURE WITHIN CONTRACT PERIOD IF

Answer 1546

1. NOTICE IS GIVEN OF INTENT TO CURE

Question 1547

2

UCC 2-508 - BREACHING SELLER WHO HAS SHIPPED NON-CONFORMING GOODS HAS EXTRA REASONABLE PERIOD TO CURE WHERE

Answer 1547

1. NOTICE IS GIVEN OF INTENT TO CURE
2. NON-CONFORMING GOODS ARE SHIPPED WITH REASONABLE BELIEF OF THEIR CONFORMITY

Question 1548

2

RIGHTS OF BREACHING SELLER WHO GIVES NOTICE OF INTENT TO CURE IMPROPER TENDER UNDER THE UCC

Answer 1548

1. ABSOLUTE RIGHT TO CURE WITHIN THE CONTRACT PERIOD
2. AND REASONABLE EXTRA PERIOD OF IF NONCONFORMING GOODS WERE SHIPPED WITH A REASONABLE BELIEF OF THEIR SATISFACTORY NATURE.

Question 1549

2

UCC 2-704 NON-BREACHING SELLER’S RIGHT TO COMPLETE GOODS INTENDED FOR BREACHING BUYER

Answer 1549

1. SELLER MAY FINISH GOODS IF REASONABLY BELIEVES CAN SELL TO ANOTHER BUYER
2. OR SCRAP EFFORTS AND CEASE PRODUCTION

Question 1550

1

UCC 2-704 NONBREACHING BUYER’S CHOICE TO CONTINUE PRODUCTION FOR BREACHED CONTRACT IS BASED ON

Answer 1550

1. REASONABLE BUSINESS PERSON STANDARD

Question 1551

3

UCC ACTION ON THE PRICE TRIGGERS

Answer 1551

1. BUYER HAS GOODS AND WONT PAY
2. OR SELLER MAKES REASONABLE EFFORT TO RESELL GOODS AND CAN’T
3. OR RESALE OF GOODS WOULD BE FUTILE

Question 1552

2

SUFFICIENT OFFER UNDER UCC 2

Answer 1552

1. UNDER UCC 2, AN OFFER MUST IDENTIFY THE PARTIES
2. AND THE QUANTITY

Question 1553

2

UCC SELLER’S ACTION ON THE PRICE REMEDY IF BUYER FAILS TO PAY FOR GOODS WHEN PAYMENT BECOMES DUE

Answer 1553

1. SELLER MAY RECOVER CONTRACT PRICE FOR GOODS
2. PLUS INCIDENTAL DAMAGES

Question 1554

3

EXCEPTIONS TO THE UCC SOF

Answer 1554

1. SPECIALTY MADE GOODS
2. WHERE PARTY TO BE BOUND ADMITS EXISTENCE OF AGREEMENT IN A LEGAL DOCUMENT
3. PARTIAL PERFORMANCE

Question 1555

2

UCC STATUTE OF FRAUDS - IF BOTH PARTIES ARE MERCHANTS, THE WRITING REQUIREMENT MAY BE SATISFIED BY

Answer 1555

1. SALES CONFIRMATION LISTING QUANTITY
2. NOT OBJECTED TO WITHIN 10 DAYS

Question 1556

6

UCC TERMS MATERIALLY ALTERING CONTRACT

Answer 1556

1. WARRANTY DISCLAIMERS
2. CHANGE TO PRICE, QUALITY, QUANTITY
3. DISPUTE RESOLUTION
4. CLAUSES CHANGING INDUSTRY STANDARDS
5. CLAUSES CHANGING STANDARDS OF PRIOR DEALINGS
6. ATTORNEY’S FEES PROVISIONS

Question 1557

5

UCC 2-706 - NON-BREACHING SELLER’S REMEDY IN RECEIPT REJECTED BUT CONFORMING GOODS

Answer 1557

1. SELL THE GOODS AT A PRIVATE OR PUBLIC SALVAGE SALE
2. AFTER NOTICE TO BREACHING BUYER
3. DEMAND EXCESS OF CONTRACT PRICE OVER SALVAGE SALE PRICE
4. PLUS INCIDENTAL EXPENSES
5. MINUS EXPENSES SAVED FROM BREACH

Question 1558

3

ULTRA VIRES ACTS

Answer 1558

1. ACTS OUTSIDE THE CORPORATION’S REGISTERED PURPOSE
2. MODERNLY, GENERALLY NOT ENFORCEABLE
3. SHAREHOLDER MAY ENJOIN (FACT PATTERN REALITY)

Question 1559

2

UNDER FRCP, A MENTAL OR PHYSICAL EXAMINATION IS APPROPRIATE WHERE

Answer 1559

1. GOOD CAUSE EXISTS FOR THE EXAMINATION
2. PARTY’S MENTAL OR PHYSICAL STATE IS AT ISSUE

Question 1560

3

UNDER FRCP, GOOD CAUSE EXISTS FOR AN EXAMINATION WHERE

Answer 1560

1. LOGICAL RELEVANCE
2. LEGAL RELEVANCE
3. EXAMINATION NOT OVERLY INSTRUSIVE

Question 1561

2

UNDER THE BEST EVIDENCE RULE, WHERE A WITNESS’ KNOWLEDGE EXISTS SOLELY FROM A DOCUMENT, THAT DOCUMENT

Answer 1561

1. MUST BE ADMITTED
2. UNLESS THE ABSENCE OF THE DOCUMENT IS EXPLAINED OR EXCUSED

Question 1562

2

UNDER THE BEST EVIDENCE RULE, ORAL TESTIMONY IS OK TO PROVE CONTENTS OF A WRITING ONLY WHERE ORIGINAL WRITING WAS

Answer 1562

1. LOST OR
2. DESTROYED

Question 1563

6

UNDER THE BEST EVIDENCE RULES, ORIGINAL DOCUMENTS DO NOT NEED TO BE ADMITTED WHERE THEY HAVE BEEN

Answer 1563

1. LOST OR DESTROYED
2. OFFERED FOR INSPECTION
3. OUT OF JURISDICTION
4. VOLUMINOUS
5. IN CONTROL OF THE OTHER PARTY
6. KEPT IN THE REGULAR COURSE OF BUSINESS

Question 1564

1

UNDER THE UCC, CONDITIONED ACCEPTANCE IS NOT

Answer 1564

1. ACCEPTANCE

Question 1565

5

UNDER TORT LAW, NO DUTY TO RESCUE OTHERS FROM HARM EXISTS UNLESS

Answer 1565

1. STATUTE
2. CONTRACT
3. RELATIONSHIP
4. PLACED IN PERIL
5. ASSUMPTION

Question 1566

4

UNDUE INFLUENCE TRIGGERS - TESTATOR EXECUTES A WILL AND

Answer 1566

1. LEAVES UNNATURAL DISPOSITION OF PROPERTY
2. BENEFICIARIES OF DISPOSITION HAD AN OPPORTUNITY TO INFLUENCE AND
3. TESTATOR WAS SUSCEPTIBLE TO INFLUENCE AND
4. BENEFICIARIES WERE ACTIVE IN PROCURRING DISPOSITION

Question 1567

1

UNIFORM PRUDENT INVESTOR ACT - FOR TRUST INVESTMENTS - THE STRATEGY OF RISK AND RETURN OBJECTIVE SHOULD BE

Answer 1567

1. REASONABLY SUITED TO THE TRUST

Question 1568

3

MINORITY VIEW - UNILATERAL MISTAKE WILL VOID THE CONTRACT WHERE

Answer 1568

1. MISTAKE IS DISCOVERED BEFORE NON-MISTAKEN PARTY DETRIMENTALLY RELIES ON THE CONTRACT
2. NOTICE OF THE MISTAKE IS PROMPTLY GIVEN
3. REIMBURSEMENT MADE FOR EXPENSES CAUSED BY THE MISTAKE.

Question 1569

7

UNINCORPORATED WRITING REFERENCING LIMITED TANGIBLE PERSONAL ITEMS MAY BE ADMITTED INTO PROBATE WHERE:

Answer 1569

1. REFERRED TO IN THE WILL
2. DATED AND IN TESTATOR’S HANDWRITING
3. OR SIGNED BY TESTATOR
4. UNLESS INTENT CAN BE SHOWN
5. DESCRIBES ITEMS AND BENEFICIARIES
6. EACH ITEM IS WORTH 5K OR LESS
7. NO MORE THAN 25K TOTAL DISPOSED

Question 1570

1

UNLESS OTHERWISE AGREED, LIMITED PARTNERS IN A LIMITED PARTNERSHIP DO NOT HAVE THESE

Answer 1570

1. FIDUCIARY DUTIES

Question 1571

3

UNMARRIED COHABITANTS - METHODS COURTS USE TO ALLOCATE PROPERTY OF COHABITANTS

Answer 1571

1. CONTRACT PRINCIPALS
2. QUASI-CONTRACT
3. TRUSTS

Question 1572

2

UNSOLD VS. SOLD STOCK SHARES

Answer 1572

1. UNSOLD SHARES ARE AUTHORIZED AND UNISSUED
2. SOLD SHARES ARE ISSUED AND OUTSTANDING

Question 1573

4

UNVAILABITY IS REQUIRED FOR THESE HEARSAY EXCEPTIONS

FAD PINKERTON

Answer 1573

1. FORMER TESTIMONY
2. STATEMENT AGAINST INTEREST
3. DYING DECLARATION
4. STATEMENT OF PERSONAL OR FAMILY HISTORY

Question 1574

1

UNIFORM PRUDENT INVESTOR ACT - MANAGEMENT OF TRUST INVESTMENTS - PRODUCTIVITY OF INVESTMENT IS MEASURED BY

Answer 1574

1. PORTFOLIO PERFORMANCE AS A WHOLE

Question 1575

1

USING CONTINUOUS AND SYSTEMATIC ACTIVITY TO TRIGGER PERSONAL JURISDICTION ALSO REQUIRES THAT

Answer 1575

1. THE CLAIM IS A RESULT OF THE CONTINUOUS AND SYSTEMATIC ACTIVITY.

Question 1576

2

UTTERING

Answer 1576

1. UTTERING IS THE CRIME OF USING A KNOWN FORGED DOCUMENT
2. WITH THE INTENT TO DEFRAUD

Question 1577

2

VALID WILL - INTERESTED WITNESSES CREATING REBUTTABLE PRESUMPTION OF INTENT IS REBUTTED WHERE

Answer 1577

1. TWO OTHER DISINTERESTED WITNESSES PRESENT
2. WITNESSES ARE PRESENT IN FIDUCIARY CAPACITY

Question 1578

2

VALID WILL - INTERESTED WITNESSES - CONSEQUENCE WHEN PRESUMPTION OF FRAUD, UNDUE INFLUENCE ETC. NOT REBUTTED

Answer 1578

1. ONLY INTERESTED WITNESS’ PORTION OF WILL INVALIDATED
2. INTERESTED WITNESSES TAKE INTESTATE SHARE

Question 1579

4

VALID WILL - INTERESTED WITNESSES TO WILL CREATE REBUTTABLE PRESUMPTION OF

Answer 1579

1. FRAUD
2. MENACE
3. UNDUE INFLUENCE
4. DURESS

Question 1580

2

VALID WILL - SIGNING REQUIREMENTS - WILL MUST BE EXECUTED BY

Answer 1580

1. TESTATOR OR
2. SOMEONE AT TESTATOR’S DIRECTION IN TESTATOR’S PRESENCE

Question 1581

2

VALID WILL - WILL STILL VALID W/NO WITNESSES WHERE THE WILL PROPONENT CAN PROVE

Answer 1581

1. TESTAMENTARY INTENT
2. WITH CLEAR AND CONVINCING EVIDENCE

Question 1582

5

VALID WILL - WITNESS REQUIREMENTS

Answer 1582

1. TWO PEOPLE
2. KNOW DOCUMENT IS A WILL
3. BOTH PRESENT AT SIGNING OR ACKNOWLEDGEMENT
4. UNNECESSARY TO SIGN AT SAME TIME
5. UNNECESSARY TO SIGN IN EACH OTHER’S PRESENCE

Question 1583

3

VALID WILL REQUIREMENTS

Answer 1583

1. PRESENT TESTAMENTARY INTENT
2. CAPACITY
3. COMPLIANCE WITH REQUISITE FORMALITIES

Question 1584

2

UCC- AN ACCEPTANCE CONDITIONED ON OFFEROR’S ACCEPTANCE OF VARYING TERMS - VARYING TERMS WILL BE CONSIDERED

Answer 1584

1. PROPOSED MODIFICATIONS
2. OR A COUNTER-OFFER AND REJECTION.

Question 1585

2

UCC- AN ACCEPTANCE CONDITIONED ON OFFEROR’S ACCEPTANCE OF VARYING TERMS - VARYING TERMS WILL BE CONSIDERED

Answer 1585

1. PROPOSED MODIFICATIONS
2. OR A COUNTER-OFFER AND REJECTION.

Question 1586

2

VENUE IS PROPER WHERE CLAIM AROSE - CALIFORNIA

Answer 1586

1. COUNTY WHERE CLAIM AROSE
2. COUNTY WHERE LAND IN DISPUTE IS LOCATED

Question 1587

2

FEDERAL VENUE IS PROPER IN THE THE DISTRICT WHERE

Answer 1587

1. INJURY OCCURRED
2. LAND IN DISPUTE IS LOCATED

Question 1588

1

VENUE IS PROPER WHERE DEFENDANT RESIDES VS. WHERE THE DISPUTED PROPERTY IS LOCATED IN THESE TYPE OF ACTIONS- FEDERAL

Answer 1588

1. TRANSITORY ACTIONS

Question 1589

1

VERBAL ACTS

Answer 1589

1. HAVE INDEPENDENT LEGAL SIGNIFICANCE

Question 1590

1

VESTING FOR INTEREST IN REAL ESTATE

Answer 1590

1. GRANTS IMMEDIATE RIGHT TO PRESENT OR FUTURE INTEREST IN AN ESTATE

Question 1591

1

VESTING FOR INTEREST IN REAL ESTATE

Answer 1591

1. GRANTS IMMEDIATE RIGHT TO PRESENT OR FUTURE INTEREST IN AN ESTATE

Question 1592

4

CATEGORIES OF PARTIES WHO

VIOLATE 10b-5 (INSIDE TRADING)

Answer 1592

1. DIRECT TRADING INSIDER
2. TIPPER
3. TIPPEES
4. MISSAPPROPRIATORS

Question 1593

VOLUNTARY ACTS ARE ACTIONS THAT ARE

Answer 1593

1. CONSCIOUS
2. VOLITIONAL

Question 1594

2

VOLUNTARY DISSOLUTION OF A CORPORATION MUST BE APPROVED BY

Answer 1594

1. MAJORITY OF VOTING SHAREHOLDERS
2. BOARD OF DIRECTORS WHERE CORP INSOLVENT

Question 1595

4

VOLUNTARY MANSLAUGHTER

Answer 1595

1. AN INTENTIONAL HOMICIDE
2. COMMITTED WITHOUT MALICE AFORETHOUGHT
3. RESULTING FROM ADEQUATE PROVOCATION
4. OR OTHER MITIGATING FACTORS.

Question 1596

1

VOLUNTARY WASTE

Answer 1596

1. DELIBERATE, DESTRUCTIVE ACT

Question 1597

3

WAIVED DEFENSES WHEN MOTION TO QUASH NOT PROPERLY FILED

Answer 1597

1. INSUFFICIENT PROCESS
2. INSUFFICIENT SERVICE OF PROCESS
3. LACK OF PERSONAL JX

Question 1598

1

WAIVER OF COMPETENCY

Answer 1598

1. COMPETENCY CANNOT BE WAIVED BY ANY CLIENT UNDER ANY CIRCUMSTANCES

Question 1599

2

WAIVER OF CONDITION OCCURS WHEN

Answer 1599

1. A CONDITION PRECEDENT FAILS
2. BUT PROMISOR PERFORMS CONTRACT DUTY ANYWAY

Question 1600

1

WAIVER OF LIABILITY OF ATTORNEY THROUGH FEE AGREEMENT IN EXCHANGE FOR REDUCED FEE

Answer 1600

1. OK WHERE CLIENT HAS INDEPENDENT COUNSEL BEFORE SIGNING FEE AGREEMENT

Question 1601

3

WAIVER OF MIRANDA MUST BE MADE

Answer 1601

1. VOLUNTARILY
2. KNOWINGLY
3. INTELLIGENTLY

Question 1602

2

SPOUSAL SUPPORT MAY BE WAIVED THROUGH PREMARITAL AGREEMENT IF

Answer 1602

1. AGREEMENT IS NOT UNCONSCIONABLE
2. IF WAIVING SPOUSE REPRESENTED BY HER OWN COUNSEL WHEN SIGNING AGREEMENT

Question 1603

2

SPOUSAL SUPPORT MAY BE WAIVED THROUGH PREMARITAL AGREEMENT IF

Answer 1603

1. AGREEMENT IS NOT UNCONSCIONABLE
2. IF WAIVING SPOUSE REPRESENTED BY HER OWN COUNSEL WHEN SIGNING AGREEMENT

Question 1604

5

WARRANT EXCEPTIONS

Answer 1604

1. SILA
2. PLAIN VIEW DOCTRINE
3. AUTOMOBILE EXCEPTION
4. EXIGENT CIRCUMSTANCES/HOT PURSUIT
5. CONSENT

Question 1605

3

WARRANT FORMALITY REQUIREMENTS - OFFICER SUBMITS

Answer 1605

1. AFFADAVIT
2. WITH DESCRIPTION OF PARTICULARS OF PREMISES TO BE SEARCHED
3. DESCRIPTIONS OF ITEMS TO BE SEIZED.

Question 1606

2

WARRANT REQUIREMENTS FOR EAVEDROPPING AND WIRETAPPING

Answer 1606

1. WIRETAPPING AND EAVESDROPPING REQUIRE A WARRANT
2. BUT COMMMUNICATION ASSUMES A RISK THAT RECIPIENT IS BEING WIRETAPPED OR EAVESROPPED.

Question 1607

4

WARRANT REQUIREMENTS FOR WIRETAP

Answer 1607

1. PROBABLE CAUSE
2. NAME SUSPECT
3. NAME PARTICULAR CONVERSATION TO BE OVERHEAD
4. SHORT TIME PERIOD

Question 1608

3

WASTE BY THE PRESENT INTEREST HOLDER REAL PROPERTY - ELEMENTS

Answer 1608

1. INJURY TO REAL PROPERTY
2. COMMITTED BY PRESENT INTEREST HOLDER
3. AGAINST FUTURE INTEREST HOLDER

Question 1609

1

WATER RIGHTS - CIVIL LAW RULE

Answer 1609

1. OWNER HAS STRICT LIABILITY FOR INTERFERENCE WITH NATURAL WATERWAYS

Question 1610

1

WATER RIGHTS - COMMON ENEMY APPROACH

Answer 1610

1. OWNER MAY CAST REMOVED WATER ON TO NEIGHBOR’S LAND.

Question 1611

1

WATER RIGHTS - REASONABLE USE DOCTRINE

Answer 1611

1. OWNER MAY USE WATER IN A REASONABLE MANNER.

Question 1612

3

WHARTON’S RULE

Answer 1612

1. UNDER THE WHARTON RULE
2. MULTILPLE DEFENDANTS MAY NOT BE CONVICTED WITH CONSPIRACY
3. WHERE IT TOOK THE SAME NUMBER OF PARTICIPANTS TO COMMIT THAT SPECIFIC CRIME.

Question 1613

WHAT DEFENSE MAY BE USED IN STRICT PRODUCT’S LIABILITY ACTION THAT RESTS ON THE PLAINTIFF’S ACTIONS?

Answer 1613

1. ASSUMPTION OF RISK
2. ALTERATION OF PRODUCT
3. MISUSE

Question 1614

1

WHAT IS A PRIMARY RIGHT?

Answer 1614

1) PLAINTIFF’S RIGHT TO BE FREE FROM A PARTICULAR INJURY.

Question 1615

3

WHO IS AN ASSIGNEE

Answer 1615

1. A PARTY ASSIGNED PROMISEE’S CONTRACT RIGHTS
2. BY PROMISEE’S CLEAR EXPRESSION OF INTENT TO ASSIGN RIGHTS
3. WHO MAY SEEK DAMAGES FOR BREACH FROM PROMISOR

Question 1616

2

WHAT IS THE DIFFERENCE BETWEEN FALSE PRETENSE CRIME AND LARCENY BY TRICK?

Answer 1616

1. LARCENY BY TRICK IS TO OBTAIN POSSESSION
2. FALSE PRETENSES CRIME IS TO OBTAIN TITLE.

Question 1617

2

WHAT IS THE STANDARD FOR APPREHENSION OF IMMINENT HARMFUL OR OFFENSIVE CONTACT IN ASSAULT TORT?

Answer 1617

1. REASONABLE PERSON STANDARD
2. UNLESS DEFENDANT HAS NOTICE OF PLAINTIFF’S SPECIFIC VULNERABILITY

Question 1618

1

WHAT TYPE OF SELLER MAY NOT BE LIABILE IN A STRICT PRODUCT’S LIABILITY ACTION

Answer 1618

1. A ONE TIME NON MERCHANT SELLER

Question 1619

4

WHEN A SECURITY IS REQUIRED TO BE REGISTERED WITH THE SEC

Answer 1619

1. IF IT IS PUBLICLY TRADED
2. IF IT SOLD BY AN ISSUING COMPANY
3. A SECURITIES DEALER
4. OR A SECURITIES UNDERWRITER

Question 1620

1

WHEN AN ARREST IS MADE (WITH OR WITHOUT WARRANT) THE ARRESTING OFFICERS MUST HAVE

Answer 1620

1. PROBABLE CAUSE

Question 1621

2

WHEN AN ATTORNEY-CLIENT RELATIONSHIP IS FORMED

Answer 1621

1. WHEN A POTENTIAL CLIENT APPROACHES A LAWYER ABOUT POSSIBLE REPRESENTATION
2. EVEN WHEN NEVER RETAINS LAWYER

Question 1622

2

16B GOVERNANCE OF SHORT SWING PROFITS

OFFICERS & DIRECTORS

VS.

10 PERCENT OR MORE SHAREHOLDERS

Answer 1622

1. OFFICERS & DIRECTORS - IN POSITION AT EITHER TIME OF SALE OR PURCHASE
2. 10 PERCENT SHAREHOLDERS - IN POSITION AT BOTH PURCHASE AND SALE

Question 1623

WHEN CAN A NEEDLESSLY SUGGESTIVE INDENTIFICATION OF A CRIMINAL SUSPECT BE ADMISSIBLE

Answer 1623

1. IT IS RELABLY BASED ON A TOTALITY OF CIRCUMSTANCES

Question 1624

1

WHEN EVALUATING DOUBLE JEOPARDY, DO THIS WITH THE CRIME’S ELEMENTS

Answer 1624

1. MATCH THEM TO THE CHARGES.

Question 1625

5

WHEN IS A STATEMENT NOT HEARSAY?

Answer 1625

1. STATEMENT OFFERED FOR IMPEACHMENT
2. VERBAL ACTS OR PARTS OF ACTS
3. OFFERED TO SHOW EFFECT ON LISTENER OR READER
4. VERBAL OBJECTS
5. CIRCUMSTANTIAL EVIDENCE OF STATE OF MIND

Question 1626

1

WHEN IS PRELIMINARY INJUNCTION ISSUED

Answer 1626

1. PRIOR TO FINAL JUDGMENTS ON THE MERITS OF THE CASE

Question 1627

4

WHEN IS TERMINATION OF REPRESENTATION NECESSARY?

Answer 1627

1. WHERE WILL CAUSE VIOLATION OF RULES OR LAW
2. FRIVILOUS LITIGATION
3. PHYSICAL OR MENTAL CONDITION MATERIALLY IMPAIRS REPRESENTATION
4. LAWYER IS DISCHARGED

Question 1628

1

WHEN IS THIRD PARTY CONSENT SUFFICIENT FOR A VALID SEARCH?

Answer 1628

1. POLICE REASONABLY BELEIVE PERSON HAS JOINT CONTROL OR USE OF PREMISES

Question 1629

4

AN ATTORNEY ENTER INTO BUSINESS TRANSACTION WITH CLIENT WHERE TRANSACTION IS

Answer 1629

1. FAIR AND REASONABLE
2. TERMS ARE COMMUNICATED IN EASILY UNDERSTANDABLE MANNER
3. CLIENT CONSENTS IN WRITING
4. CLIENT IS ADVISED TO SEEK INDEPENDENT COUNSEL

Question 1630

1

WHEN MAY AN ATTORNEY WITH INSUFFICIENT SKILL ADVISE OR ASSIST?

Answer 1630

1. IN A TRUE EMERGENCY TO THE EXTENT REASONABLY NECESSARY

Question 1631

2

WHEN MAY CORPORATE OFFICER OR DIRECTOR PERSONALLY ACCEPT BUSINESS OPPORTUNITY?

Answer 1631

1. AFTER FULL DISCLOSURE OF MATERIAL FACTS TO BOARD OF DIRECTORS.
2. BOARD VOTES AND MAKES GOOD FAITH REJECTION

Question 1632

2

WHEN MAY THE GOVERNMENT GRANT VARIANCE ON ZONING ORDINANCES?

Answer 1632

1. UNDUE HARDSHIP
2. VARIANCE WON’T WORK DETRIMENT TO SURROUNDING PROPERTY VALUES

Question 1633

4

WHEN MAY THE POLICE DETAIN A PERSON FOR QUESTIONING

Answer 1633

1. REASONABLE SUSPICION
2. BASED ON SPECIFIC AND ARTICULABLE FACTS
3. THAT CRIMINAL ACTIVITY MAY BE AFOOT
4. OR DETAINEE PREVIOUSLY COMMITTED A CRIME.

Question 1634

3

WHEN MAY THE POLICE DETAIN OCCUPANTS OF PREMISES WHERE A LEGAL SEARCH IS BEING CONDUCTED?

Answer 1634

1. WHILE SEARCH IS CONDUCTED
2. EVEN WITHOUT PROBABLE CAUSE
3. OR REASONABLE SUSPICION

Question 1635

1

WHEN MULTIPLE CAUSES FOR INJURY, MANY JURISDICTIONS USE

Answer 1635

1. JOINT AND SEVERAL LIABILITY

Question 1636

1

WHEN SENTENCING TO DEATH, JURY MUST CONSIDER

Answer 1636

1. MITIGATING CIRCUMSTANCES

Question 1637

2

WHEN TO USE CONSTRUCTIVE TRUST AS EQUITABLE REMEDY

Answer 1637

1. WHEN VALUE OF WRONGFULLY TAKEN PROPERTY HAS GONE UP (PLAINTIFF TAKES INCREASE)
2. WHERE FUNDS ARE NOT COMMINGLED

Question 1638

2

WHEN TO USE EQUITABLE LIEN

Answer 1638

1. WHEN VALUE OF WRONGFULLY TAKEN PROPERTY GOES DOWN
2. WHEN FUNDS ARE COMMINGLED

Question 1639

1

WHERE DEFAMATORY STATEMENT IS OF PUBLIC INTEREST, BURDEN OF PROOF IS ON

Answer 1639

1. PLAINTIFF TO PROVE FALSITY

Question 1640

1

WHERE GRAND JURY POOL IS SELECTED IN A RACIALLY DISCRIMINATORY MANNER, HOW WILL THIS AFFECT A SUBSEQUENT CONVICTION

Answer 1640

1. CONVICTION WILL BE OVERTURNED

Question 1641

2

WHERE IS LAWYER’S PECUNIARY INTEREST IN LITIGATION ALLOWED

Answer 1641

1. ONLY ALLOWED AS LIEN TO SECURE FEES
2. OR CONTINGENCY INTEREST

Question 1642

5

WHAT TYPES OF INTERESTS CREATE A CONFLICT WHERE LAWYER NOT ACCEPT OR CONTINUE REPRESENTATION OF A CLIENT?

Answer 1642

1. LEGAL
2. BUSINESS
3. FINANCIAL
4. PROFESSIONAL
5. PERSONAL

Question 1643

1

WHERE SELLER MAKES MORE MONEY IN RESALE OF WRONGFULLY REJECTED CONFORMING GOODS, PROFIT BELONGS TO

Answer 1643

1. SELLER

Question 1644

2

WHICH BRANCH OF GOVERNMENT ESTABLISHES EXERCISE OF APPELLATE JURISDICTION?

Answer 1644

1. CONGRESS MAY ESTABLISH BY LAW
2. THE MANNER IN WHICH APPELLATE JURISDICTION IS EXERCISED.

Question 1645

1

WHICH INTENTIONAL TORT IS EXEMPT FROM TRANSFERRED INTENT?

Answer 1645

1. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Question 1646

4

WHO ARE CORPORATE INSIDERS?

Answer 1646

1. OFFICERS
2. DIRECTORS
3. SHAREHOLDERS
4. THOSE WITH MATERIAL, CONFIDENTIAL INFORMATION ABOUT CORPORATION.

Question 1647

2

WHO CAN USE COLLATERAL ESTOPPEL

Answer 1647

1. FED - MUTUALITY REQUIRED (PARTY OR PRIVY TO FORMER CASE)
2. CA - STRANGERS ALLOWED.

Question 1648

4

WHO IS A CORPORATE INSIDER?

Answer 1648

1. DIRECTOR
2. OFFICER
3. SHAREHOLDER
4. ANY OTHER HOLDER OF MATERIAL, NONPUBLIC COPRORATE INFORMATION

Question 1649

1

WHO IS A LICENSEE

Answer 1649

1. ANYONE WITH THE LAND POSSESSOR’S IMPLIED OR EXPRESS LEAVE TO BE ON PREMISES.

Question 1650

2

WHO IS AN INVITEE

Answer 1650

1. ANYONE WHO COULD POSSIBLY CONFER AN ECONOMIC BENEFIT ON LAND POSSESSOR
2. ANYONE WHO IS ON THE COMMON AREA HELD OUT TO THE PUBLIC

Question 1651

1

WHO MAY BE A PLAINTIFF IN A STRICT PRODUCT’S LIABILITY ACTION

Answer 1651

1. ANYONE PROXIMATELY AND ACTUALLY CAUSED BY AN UNREASONABLY DANGEROUS DEFECTIVE PRODUCT.

Question 1652

WHO MAY BE LIABLE FOR STRICT PRODUCT LIABILITY?

Answer 1652

1. MANUFACTURER
2. DISTRIBUTER
3. WHOLESALER
4. RETAILER

Question 1653

2

WHO MAY BRING A PUBLIC NUISANCE CLAIM

Answer 1653

1. TYPICALLY GOVERNMENT ACTORS
2. PRIVATE PARTIES CAN BRING ACTION WHERE THEY SUFFERED UNIQUE DAMAGES.

Question 1654

5

WHO MAY CLAIM BREACH OF IMPLIED WARRANTY OF MERCHANTIBILITY

Answer 1654

1. BUYER
2. BUYER’S FAMILY
3. BUYER’S EMPLOYEE
4. LEASEE’S OF PROPERTY
5. ANYONE IN VERTICAL PRIVITY

Question 1655

2

WILD DEED IS A DEED RECORDED IN SUCH A WAY THAT

Answer 1655

1. A REASONABLE SEARCH COULD NOT YIELD RESULTS
2. AND WILL NOT AMOUNT TO CONSTRUCTIVE NOTICE

Question 1656

7

WILL PARAGRAPH

WHY DID EVERYBODY VALIDATE THE CRAPPY FART??

Answer 1656

1. A WILL IS A WRITTEN INSTRUMENT
2. DICTATING HOW A PERSON’S ESTATE IS TO BE DISTRIBUTED UPON DEATH.
3. EFFECTIVE UPON THE DEATH OF ITS AUTHOR, THE TESTATOR.
4. FOR A WILL TO BE VALID, THERE MUST BE
5. PRESENT TESTAMENTARY INTENT,
6. CAPACITY.
7. AND IT MUST ALSO MEET ALL REQUIRED FORMALITIES.

Question 1657

3

WILLS - CALIFORNIA WILL CONSTRUE CHILD TO MEAN

Answer 1657

1. NATURALLY BORN CHILD FROM MARRIAGE
2. CHILD BORN OUT OF WEDLOCK
3. ADOPTED CHILD

Question 1658

1

WITHDRAWAL REQUIREMENT ONCE CASE IS IN ACTIVE LITIGATION

Answer 1658

1. COURT APPROVAL

Question 1659

1

WRITING REQUIREMENT FOR FEES - ABA

Answer 1659

1. FEE AGREEMENT MUST BE IN WRITING

Question 1660

2

WRITING REQUIREMENT FOR FEES (CA)

Answer 1660

1. ALWAYS FOR CONTINGENCY CASES
2. NON-CONTINGENCY CASES - WHERE REASONABLY FORESEEABLE THAT FEES WILL EXCEED 1K

Question 1661

1

ZONE OF DANGER IS THE ZONE WHERE

Answer 1661

1. PLAINTIFF WAS AT REASONABLY AT RISK FROM INJURY RESULTING FROM DEFENDANT’S CONDUCT.

Question 1662

1

TRESSPASS TO LAND - LIABILITY ARISES WHERE DEFENDANT

Answer 1662

1. INTENTIONALLY CAUSES ENTRY ONTO, UNDER, OR ABOVE PLAINTIFF’S LAND WITHOUT AUTHORIZATION

Question 1663

1

ALLEGATIONS OF MINOR CHILD CEC HEARSAY EXCEPTION

Answer 1663

1. EVIDENCE OF A STATEMENT BY A MINOR CHILD IF OFFERED IN CERTAIN ACTIONS AGAINST A PERSON ALLEGED TO HAVE INJURED THE CHILD.

Question 1664

2

STATE OF MIND EXCEPTION TO HEARSAY RULE

Answer 1664

1. DECLARANT’S MOTIVE, INTENT, PLAN
2. DECLARANT’S PAIN OR BODILY FEELING

Question 1665

5

TYPES OF EASEMENTS

Answer 1665

1. EXPRESS CREATION
2. CREATION BY IMPLICATION
3. CREATION BY NECESSITY
4. CREATION BY PRESCRIPTION
5. CREATION BY ESTOPPEL

Question 1666

2

UCC 2-201 SOF EXCEPTION FOR PARTIAL PERFORMANCE - GOODS HAVE BEEN

Answer 1666

1. ACCEPTED
2. ACCEPTED AND PAID FOR

Question 1667

4

(IMPLIED SERVITUDE) A COMMON DEVELOPMENT SCHEME MAY BE FOUND WHERE

Answer 1667

1. LARGE PERCENT OF LOTS LARGELY BURDENED
2. ORAL REPRESENTATIONS TO BUYERS
3. STATEMENTS ON WRITTEN ADVERTISEMENTS, BROCHURES
4. RECORDED PLAT MAPS OR DECLARATIONS

Question 1668

2

NEGATIVE RECIPROCAL EASEMENT

DR CAC

Answer 1668

1. DECLARATION RECORDED
2. COMMON TRACT
3. AFFECTING LAND
4. CONTAINS COVENANTS, CONDITIONS, RESTRICTIONS

Question 1669

2

UCC EXCEPTION TO PAROL EVIDENCE RULE

Answer 1669

1. PRIOR DEALINGS
2. OR COURSE OF TRADE

Question 1670

1

EXCEPT TO THE NON-APPEALABILITLY OF REMAND ORDERS

Answer 1670

1. DISCRETIONARY EXERCISE OF SUPPLEMENTAL JURISDICTION

Question 1671

3

GOVERNMENT MAY DISCRIMINATE BY PASSING LAWS THAT ARE

Answer 1671

1. FACIAL DISCRIMINATORY
2. HAVE A DISCRIMINATORY MOTIVE
3. HAVE A DISCRIMINATORY APPLICATION

:

Question 1672

2

SUBSTANTIAL IMPAIRMENT STANDARD FOR REJECTING NON-CONFORMING GOODS IN AN INSTALLMENT CONTRACT

Answer 1672

1. ONLY SUBSTANTIAL IMPAIRMENT ALLOWS REJECTION
2. BUYER MAY DEDUCT THE LOSSES CAUSED BY NON-CONFORMITY FROM AMOUNT OWED TO SELLER

Question 1673

1

A BUYER CAN CANCEL AN INSTALLMENT CONTRACT ONLY WHERE

Answer 1673

1. NONCONFORMITY WITH RESPECT TO ONE OR MORE INSTALLMENTS SUBSTANTIALLY IMPAIRS VALUE OF WHOLE CONTRACT.

Question 1674

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.

Answer 1674

1. PROCEDURAL LAW

Question 1675

1

SUBJECTIVE STANDARDS

Answer 1675

1. PLAINTIFF’S KNOWLEDGE AND APPRECIATION OF RISK FOR ASSUMPTION OF RISK

Question 1676

OBJECTIVE STANDARDS

Answer 1676

OFFENSIVE NATURE OF TOUCHING FOR BATTERY

INTERFERENCE WITH PLAINTIFF’S USE AND ENJOYMENT OF HIS LAND FOR NUISANCE

Question 1677

6

VALID WILL

Answer 1677

1. A will is a written instrument dictating how a person’s estate is to be distributed, becoming effective upon the testator’s death.
2. To be valid, a will must be made with present testamentary intent and capacity.
3. Testamentary intent may be inferred by signature, specific bequests or other extrinsic evidence.
4. 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.
5. Attested wills are signed by the testator or at his direction and two competent, disinterested witnesses to the signing.
6. 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.

Question 1678

4

Scope of Appellate Court’s Review:

Answer 1678

1. ERRORS MUST BE ON THE TRIAL RECORD TO BE REVIEWED.
2. FACTUAL FINDINGS REVIEWED ONLY WHERE CLEAR ERRORS
3. JUDGE’S OTHER DERMMINATIONS REVIEWED FOR ABUSE OF DISCRETION
4. CONCLUSIONS OF LAW WILL BE REVIEWED DE NOVO

Question 1679

4

Constructive Trust:

Answer 1679

1. EQUITABLE REMEDY POSED WHERE LEGAL DAMAGES INSUFFICIENT
2. PLAINTIFF CAN TRACE UNJUST GAIN AS SOLE SOURCE OF DEFENDANT’S TITLED PROEPRTY
3. CONSTRUCTIVE TRUST TAKES LEGAL TITLE TO PROPERY
4. DEFENDANT IS TRUSTEE FOR PURPOSE OF TRANSFERRING PROPERTY TO PLAINTIFF

Question 1681

2

DAMAGES FOR MISREPRESENATION REQUIRE PROOF OF

Answer 1681

1. ACTUAL DAMAGES
2. CAUSED BY PLAINTIFF’S RELIANCE ON MISREPRESENTATION

Question 1682

2

DAMAGES FOR MISREPRESENATION ARE MEASURED BY

Answer 1682

1. PLAINTIFF’S PECUNIARY LOSS OR
2. VALUE OF EXPECTED BENEFIT OF THE BARGAIN.

Question 1684

5

CONTROL BY COURT: TRIAL JUDGE HAS DISCRTION TO

Answer 1684

1. REGULATE MANNER AND ORDER OF PROOF
2. EXERCISE REASONABLE CONTROL AS NEEDED
3. MAKE INTERROGTAIONS AS EFFICIENT AND EFFECTIVE AS NEEDED
4. FOR ASCERTAINMENT OF TRUTH AND
5. PROTECTING WITNESSES FROM UNDUE EMBARASSMENT.

Question 1685

4

GOVERNMENT MAY REGULATE SYMBOLIC SPEECH WHERE

SUPER SEXY NUTS

Answer 1685

1. the regulation is not related to suppression of the message,
2. it is substantially related to a government purpose and
3. it burdens no more of the speech than necessary to accomplish its objective.

Question 1686

2

LEAST RESTRICTIVE MEANS RULE - UNDER THE LEAST RESTRICTIVE MEANS RULE, A GOVERNMENT LAW MUST

Answer 1686

1. BE FRAMED TO IMPINGE ON TEH LEAST AMOUNT OF CIVIL LIBERTIES POSSIBLE
2. WHILE ACHIEVING ITS OBJECTIVE.

Question 1687

4

COMMERCE CLAUSE

Answer 1687

1. grants congress the power to regulate the channels instrumentalities activities and persons affecting interstate commerce.

Question 1688

5

SCOPE OF APPELLATE COURT’S REVIEW

Answer 1688

1. ERRORS MUST BE ON THE RECORD OF THE TRIAL COURT PROCEEDING
2. FACTUAL FINDINGS REVIEWED ONLY WHERE CLEAR ERROR
3. FACTS MAY BE REVIEWED IF BENCH TRIAL
4. JUDGE’S OTHER DISCRETIONARY DETERMINATIONS ONLY WHERE CLEAR ABUSE OF DISCRETION
5. CONCLUSIONS OF LAW REVIEWED DE NOVO

Question 1689

4

RULE 11 - ATTORNEY WHO FILES A PLEADING IN FEDERAL COURT WARRANTS THE PLEADING

Answer 1689

1. HAS NOT BEEN FILED FOR AN IMPROPER PURPOSE
2. SUPPORTED BY EXISTING LAW, SEEKS TO MODIFY LAW, OR MAKE NEW LAW
3. CONTENTIONS ARE BASED ON EVIDENTIARY SUPPORT OR WILL LIKELY HAVE EVIDENTIARY SUPPORT AFTER FURTHER DISCOVERY
4. DENIALS ARE WARRANTED BY EVIDENCE OR REASONABLY BASED ON LACK OF BELIEF OR INFORMATION.

Question 1690

2

CONSEQUENCE OF FEDERAL LAW AND STATE LAW REGARDING COMMERCE BEING IN CONFLICT

Answer 1690

1. FEDERAL LAW INVALIDATES STATE LAW DUE TO SUPREMACY CLAUSE
2. IF NO CONFLICT, FEDERAL LAW MAY STILL PREEMPT STATE LAW BY OCCUPYING THE FIELD

Question 1691

4

WHEN CAN A STATE LAW REGULATE COMMERCE

Answer 1691

1. LOCAL ASPECTS OF COMMERCE
2. CONGRESS HAS BEEN SILENT ON THE MATTER
3. REGULATION IS NOT DISCRIMINATORY
4. DOES NOT UNDULY BURDEN INTERSTATE COMMERCE

Question 1692

2

RACE STATUTE

Answer 1692

1. FIRST TO RECORD WINS
2. 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.

Question 1693

DORMANT COMMERCE CLAUSE REVIEW STANDARDS

Answer 1693

NON-DISCRIMINATORY STATE LAW VIOLATES DCC IF IT

1. BURDENS INTERSTATE COMMERCE
2. BURDEN OUTWEIGHS BENEFITS

FACIALY DISCRIMINATORY STATE LAW VIOLATES DCC IF IT

1. NOT NECESSARY TO ACHIEVE AN COMPELLING GOVT PURPOSE
2. LESS DISCRIMINATORY MEANS ARE AVAILABLE

Question 1694

2

RACE-NOTICE STATUTE

Answer 1694

1. LAST BFP WITHOUT NOTICE OF PRIOR UNRECORDED INTEEST
2. 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.

Question 1695

1

NOTICE STATUTE

Answer 1695

1. 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.”

Question 1696

Evidence - Ways to Impeach - 2 I’s 4 Ceeing

Answer 1696

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

Question 1697

ADVERSE POSSESSION REQUIRES

Answer 1697

O=Open
C=Continuous
E=Exclusive
A=Adverse
N=Notorious
S=Statutory period of 20 years

Question 1698

FOUR UNITIES FOR ADVERSE POSSESSION

PITT

Answer 1698

POSSESSION

INTEREST

TITLE

TIME

Question 1699

5

OUT OF COURT STATEMENTS ARE NOT HEARSAY WHERE THEY ARE

VAVOELISM

Answer 1699

1. OFFERED FOR IMPEACHMENT
2. VERBAL ACTS OR PARTS OF ACTS
3. OFFERED TO SHOW EFFECT ON LISTENER
4. VERBAL OBJECTS
5. CIRCUMSTANTIAL STATE OF MIND

Question 1700

14

CRAPPED WITE FIB

CONGRESS’ ENUMERATED POWERS

Answer 1700

1. COMMERCE
2. REVENUE RAISING BY TAX
3. ALIEN NATURALIZATION
4. POST OFFICE
5. PROPERTY POWER
6. ELECTIONS, FEDERAL
7. DISTRICT OF COLUMBIA
8. WAR POWERS
9. INVESTIGATORY POWERS
10. TREATY POWER (RATIFICATION)
11. ENFORCEMENT OF CIVIL RIGHTS (13,14,15TH AMENDMENTS)
12. FISCAL POWER
13. INFERIOR COURT REGULATION
14. BANKRUPTCY

Question 1701

Congress requires a 2/3 vote only when drinking a TEA I.V.

Answer 1701

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

Question 1703

CATS

Prey on Mice

Partially By Miles

Going Where they

Are Property Sized

Answer 1703

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).

Question 1704

CEC ALLOWS A PRIOR INCONSISTENT STATEMENT BE USED TO

Answer 1704

(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.

Question 1705

4

OFFENSIVE NON-MUTUAL COLLATERAL ESTOPPEL IS ALLOWED WHERE

Answer 1705

1. ISSUE WAS LITIGATED AND DETERMINED IN PRIOR SUIT
2. ISSUE WAS ESSENTIAL TO JUDGMENT
3. FINAL JUDGMENT ON THE MERITS
4. PARTY WHOM AGAINST PRECLUSION SOUGHT HAD FULL AND FAIR OPPORTUNITY TO LITIGATE THE ISSUE IN THE PREVIOUS LAWSUIT

Question 1706

8

EXPECTATION DAMAGES

Answer 1706

1. EXPECTATION INTEREST
2. PERFORMANCE VALUE
3. CONSEQUENTIAL DAMAGES
4. LESS PAYMENTS MORE
5. SAVING DIMES
6. DAMAGES FIXED
7. IN HEAVEN
8. DUTY TO MITIGATE

Question 1708

CORN

Answer 1708

PIE

Question 1709

Civil Procedure - claims not barred by tolling under Statute of Limitations

The claim WAS time-barred but plaintiff LOPED into court anyway.

Answer 1709

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

Question 1710

Civil Procedure - reasons to grant Motion to Dismiss

In SIDEBAR, Plaintiff Finally admitted the claim should be dismissed.

Answer 1710

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

Question 1711

Civil Procedure - Provisional Remedies

When a LIAR tells a LIE, the COP will FIND CJ because he’s a SLOB

Answer 1711

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

Question 1712

Venue is chosen with TLC, but if WASP MEN are on your land, you have to file locally.

Answer 1712

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

Question 1713

Civil Procedure - Objections To Method of Inquisition

Poorly phrased questions set off the BAC door ALARM.

Answer 1713

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

Question 1714

Civil Procedure - Sanctions during Discovery

This Judge DRIPS hot wax as a sanction for misbehavior.

Answer 1714

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

Answer 1715

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

Question 1716

Evidence - Self-Authenticating Documents

OIL CANS are self-authenticating

Answer 1716

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)

Question 1717

Evidence - Subject Outline Mnemonic

Follow RECIP(e) H to decide if the evidence is admissible.

Answer 1717

Relevance

Extrinsic policies

Character evidence

Impeachment

Privileges

(e)

HEARSAY

Question 1718

Criminal Procedure
Exceptions to Search Warrant Requirement

SHAPE up WISEACRE or I’ll search you without a warrant.

Answer 1718

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

Answer 1719

1.