Missed Rules

Question 1

WILLS - Elements of Undue Influence

Answer 1

SODA

1) testator’s Susceptibility
2) influencer’s Opportunity to exert
3) influencer’s Disposition to exert
4) will Appears to be product of undue influence

Question 2

WILLS - If a will is partially invalidated, who gets estate from the invalidated part? (UPC)

Answer 2

Remaining beneficiaries in the will

Question 3

CORPORATIONS - Shareholder has a right to inspect documents if he states a PROPER PURPOSE. What is a proper purpose?

Answer 3

proper purpose is one that is related to his interests as a shareholder

Question 4

CORPORATIONS - When can board of directors seek dismissal of a derivative suit?

Answer 4

If a majority of uninterested directors determine, after conducting reasonable inquiry, that continuing action would not be in best interests of corp

Question 5

SECURED TRANSACTIONS - what are the method of perfection?

Answer 5

(1) Financing Statement
(2) Possession
(3) Automatic
(4) Control

Question 6

SECURED TRANSACTIONS - Which type of intangible good does “possession” not apply to

Answer 6

Accounts

Question 7

SECURED TRANSACTIONS - “control” is only effective for which type of intangible good?

Answer 7

Accounts

Question 8

SECURED TRANSACTIONS - For how long is an interest in proceeds perfected?

Answer 8

If a secured party has a perfected security interest in the original collateral, he automatically has a perfected security interest in proceeds for 20 days after receipt of proceeds.

Question 9

SECURED TRANSACTIONS - How can security interest in proceeds be perfected beyond the 20 day period?

Answer 9

(1) IF proceeds are identifiable cash
(2) IF security interest in original collateral was perfected through financing statement and interest in proceeds would be perfect in the same way; OR
(3) security interest is perfected within 20 day period

Question 10

CIV PRO - On what grounds can a new trial be granted?

Answer 10

(1) judge gave wrong jury instruction
(2) new evidence discovered that couldn’t have been discovered before w/ due diligence
(3) jury misconduct
(4) judgment is against weight of evidence
(5) damages are inadequate or excessive

Question 11

CIV PRO - Standard for JMOL?

Answer 11

Evidence (viewed in light favorable to non-moving party) leads reasonable person to conclude in favor of moving party.

Question 12

CIV PRO - Procedural Requirements for RJMOL?

Answer 12

Must be made within 28 days of entry of judgment AND be made on the same grounds as JMOL

Question 13

CONTRACTS - Substantial Performance?

Answer 13

MINOR BREACH = SUBSTANTIAL PERFORMANCE

IF one party has substantially performed, the other party must also perform.

A minor breach amounts to substantial performance, but a material breach does not.

To determine whether a party has substantially performed, courts look to the same factors that are used to determine whether breach is material or minor.

Question 14

CONTRACTS - What factors do courts look to in order to determine whether breach is MATERIAL or MINOR?

Answer 14

(1) whether breach was willful
(2) was “time of the essence”
(3) extent of performance
(4) hardship to breaching party

Question 15

CONTRACTS - How do courts determine whether “time is of the essence”?

Answer 15

Any specific dates mentioned in contract + Surrounding Circumstances

Question 16

WILLS - Interested Witness Exceptions (Modern Common Law)

Answer 16

An interested witness may not take the gift UNLESS:

(1) there’s 2 uninterested witnesses present

(2) if interested witness is an heir (would have taken regardless); OR

(3) If will was REPUBLISHED BY CODICIL, and proper formalities were followed

Question 17

WILLS - Under the UPC, are gifts to interested witnesses void?

Answer 17

NO