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FBE > Mixed Updates > Flashcards

Mixed Updates Flashcards

1
Q

Witness Credibility Bolstering

A

Cannot do it. Have to wait for it to be attacked

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2
Q

Juvenile Conviction

A

Most right answer… Kike faggots.

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3
Q

Evidence, Burden, Defendant

A

They have the burden to prove evidence was tampered.

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4
Q

Negotiable Instrument Duplicate

A

Inadmissible without explanation of missing original.

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5
Q

Review County v. Circuit Court Juris

A

Also, 50k is new limit.

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6
Q

Court Discretion Kikery

A

Remember discretion as a change word. Fuck these kikes.

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7
Q

Pleading to a proceeding pleading - set affirmatively

A

Arbitration, award, assumption or risk, cont. negligence.

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8
Q

Compelling non-party for evidence

A

Can do it, to include forced entry upon land. - Water sample question.

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9
Q

Motion to dismiss crim, state didn’t deny everything.

A

Court can grant the MtD.

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10
Q

Crim Capital Sentence extends

A

Extends the 10 day deadline to the sentencing phase.

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11
Q

Pretermitted Child - Wills - Exception

A

Adopted retard gets screwed over if entire estate was already devised to the parent. (real kid gets axed, conditional part of the will kicks it back to parent)

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12
Q

Go over types of devises.

A

Demonstrative - money gift from specific fund/account. Specific is property.

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13
Q

Pro Rata Debt Order

A

Intestate, Residuary, Gen, Demon, Spec. (IRGDS)

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14
Q

Bigamy will shit

A

marrying another stops inheritance from previous spouse.

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15
Q

Rep Duty Vio - Wills

A

Have to oppose other reps in writing.

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16
Q

GP to LP Transformation Liability

A

– Transformation to LP still puts LP on the hook for 90 days after creation if they were a GP prior.

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17
Q

Purported Partner

A

– Liability only needs for a third party to rely on and suffer damages.

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18
Q

Prosecutor Previous Felony Introduction

A

Can introduce without rules.

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19
Q

Derivative Action BS

A

MUST BE A CURRENT SHAREHOLDER

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20
Q

Witness Exclusion Corporation

A

CANNOT be excluded if witness is an officer or employee of party and party is not natural person.

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21
Q

Who can issue Subs

A

Attorneys can issue subs in Florida

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22
Q

Trial Complexity - When

A

All def appearances are necessary to pursue

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23
Q

Failure to Pros - (10/6/5) - Type of Prej

A

Without

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24
Q

Remittur - When to use

A

ONLY on amount of damages, not reduction through percentage of fault

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25
Q

FLSC Juris - BUID +

A

Any question cert’d by fed court without controlling Florida Law

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26
Q

Notice to Appear - Counts as a

A

Charging Doc

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27
Q

Hearsay Exceptions / Reports

A

Report allowed if they can’t remember regardless of whether party is available.

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28
Q

Dissoc - Spite

A

Partnership still liable w/o writing statement of dissoc

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29
Q

No Judicial Notice for:

A

Return of Service - Kike shit

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30
Q

Motion for Acquittal

A

Any time after state’s evidence, total evidence, or within 10 days of verdict - Don’t get jewed on the JNOV/Verdict shit.

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31
Q

Partner Expulsion

A

Can’t just vote them out. Has to buy them out or they have to leave on their own volition.

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32
Q

Stock Transfer Restriction

A

Only enforceable when party getting stock didn’t know - Kikery

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33
Q

Piercing Veil

A

No statutory req’s, only factors

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34
Q

Director Vacancy

A

Directors can skirt shareholders and fill with whomever the fuck they want.

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35
Q

Shareholder Meeting Quorum

A

Majority of shares entitled to vote; not total amount of shareholders. (60% is fine even though it may only be 20/100 total SHAREHOLDERS)

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36
Q

Lack of Standing

A

Can be raised in ANSWER even after any MTD for process, venue, etc.

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37
Q

Wills Death Act

A

No minimal time to survive. - Party that survives even an hour gets the will proceeds

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38
Q

Shareholder merger/appraisal timing

A

Must be done PRIOR to shareholder vote on merger.

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39
Q

PR Rep Revoke

A

The crime has to be a felony, so even misd fraud won’t revoke.

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40
Q

Directors must be

A

Natural People. A company can’t be director.

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41
Q

Threshold Aggregates

A

Separate claims for unrelated things CANNOT be added together to meet 50k+ thresh

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42
Q

Settlement Demand Timing prior to hearing

A

45 days prior

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43
Q

When def entitled to jury trial

A

Six month+ jail sentence has to be on table - DO NOT CONFUSE WITH ATTORNEY APPT FOR INDIGENCY. AAFI allows appoint for ANY crime.

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44
Q

Partnership Test - One to Rule Them All

A

Profit sharing, anything else doesn’t matter.

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45
Q

Maison/Textile BS Question Wording

A

Watch for the shit wording and omissions as right answer.

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46
Q

LLP v. LP Paperwork

A

Statement of Qual - LLP
Certificate of LP - Used to convert

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47
Q

Promise to Contribute to partnership requires

A

It be in writing.

48
Q

Evidence - Medical Hearsay Exception - Rules

A

Needs knowledge of and must be legally responsible for. - So I assume the person being royally hammered doesn’t count as needing legal respo.

49
Q

Slayer Statute Level of Proof

A

Conviction for Murder is only conclusive proof, nothing else lesser.

50
Q

Exceeding arraignment period allows for

A

Suppression of statements made during delay period. NOTHING ELSE. Can’t dismiss, hab/corp, etc.

51
Q

Will - Only a copy is located

A

Rebuttable presumption of revocation

52
Q

Revocation of Joint Will

A

Does not affect validity of will, (doesn’t kill it). Only sets up potential breach actions for revoking party.

53
Q

Will Gifts - Binding - Heir Desc.

A

Only bound if declared in acknowledgment

54
Q

Circuit Court Exclusive Juris Over

A

Ejectment action.

55
Q

Arraignment is not a

A

PC hearing.

56
Q

Duplicates of evidence are fine when original is lost unless

A

(i) genuine question as to authenticity; (ii) unfair to admit duplicate; (iii) doc is negotiable instrument/security/or right to payment of money.

57
Q

Simultaneous death when Joint Tenants

A

Property then treated as TiC

58
Q

Combatting Rebuttable Presumption

A

Only need credible evidence

59
Q

Alibi Jewery Shit

A

“If pros makes demand, then has to provide alibi info at least 10 days prior.”

60
Q

Pretermitted Spouse v. Previous Will

A

Spouse gets GUARANTEED shit. So, fuck the will and it’s treated as intestate.

61
Q

Prior bad act conviction - Criminal v. Civil

A

A conviction in criminal court for previous acts –can– be used in civil court. Sex battery conviction question when getting sued in civil court.

62
Q

Severance Arching Rule

A

Even if defendant says it’s properly joined, and same occurrence, etc. If they move for severance on “fairness” the court can grant it.

63
Q

Partnership Ag v. Statute in Conflict

A

Agreement Governs

64
Q

Appeal Conviction Release

A

Non-capital, judge can do it.
For felonies - good faith, fairly debatable, non-frivolous

65
Q

Limited Partner Duties

A

No fidu duty unless given management and then strictly related to management - LP can be a fuckwit.

66
Q

Reports prepped for litigation considered

A

Untrustworthy…okay.

67
Q

Video surveillance must

A

Be authenticated by personal knowledge (Testimony) or its out.

68
Q

Previous Witness Criminal Testimony

A

Only admissible if witness is unavailable.

69
Q

Out of court ID by witness

A

Only allowable if witness can be CE’d

70
Q

Treatise purposes

A

Used on CE, but CANNOT be entered into evidence.

71
Q

Improper Venue, Improper Service, etc.

A

Have to be made all at once in respo or pre-answer mtn. Can’t do one first, then the others.

72
Q

Default voting rule for Corps

A

Plurality - one set of votes from shares. (Cumulative is sets of votes per vacancy).

Majority of each separate TOTAL SHARES are required.

73
Q

Rehab Witness SiC

A

Can ask about rehab witness’s sic of untruthful act.

74
Q

Judicial Notice

A

Court “can” force jury to take notice as conclusive but doesn’t have to.

75
Q

Mediation Req’s

A

When party requests, court must grant mediation if same can pay or costs can be split.

However, court can skip if non-monetary remedy sought.

76
Q

Directors must be

A

18 years old or older

77
Q

Corporate Acqu

A

Needs a meeting to authorize or written consent of all

78
Q

Opposing Party Statement Evidence

A

Is fine EXCEPT for conspiracy. Need independent facts for consp.

79
Q

Being held out as partner

A

No duty to disclaim even when they file SoA for them…what?

80
Q

To set aside Jury verdict, movant MUST

A

have made a directed motion during the trial.

81
Q

Unlawful distro director liability

A

Abstention must be noted in minutes or same is liable for portion of distro (100k /4 = 25k Q)

82
Q

30 days from arrest to file charges

A

RoR’d on 33day. State can move for G/C to 40 days.

83
Q

Access to Courts

A

Sale/fee, Denial, Delay, then Kluger

84
Q

Sentence Correction When

A

Anytime even the scoresheet

85
Q

Homesteading for wills

A

Spouse gets it, then kids get vested remainder.

86
Q

Counterclaim impleader

A

Fine, but restricted to same restrictions as defendant

87
Q

Pour-Over Devise

A

Is valid.

88
Q

Charging Doc Amending

A

Fine during trial if does not prejudice

89
Q

Threshold Counter claim/crossclaim

A

any cross or counter exceeding 50k goes to circuit

90
Q

Multiple PR’s

A

Need majority to on acts related to admin unless will says otherwise

91
Q

LP Personal Liability

A

GP in LP has to SPECIFICALLY named.

92
Q

Depo Recycling

A

Only allowed in the new trial if same people and same issues.

93
Q

Supporting Director’s Duty Satisfaction

A

NO WRITTEN STATEMENTS. Only opinions/reports/info from internal peeps excluding director.

94
Q

Partnership illegality nonsense

A

Failure to cure/remedy will dissolve partnership. - Dog Day Care question.

95
Q

Remarriage

A

Revives insurance jazz..and assumedly, the will.

96
Q

PR termination

A

Moving out of state EXCEPT if related.

97
Q

Using Partnership property/credit to purchase own shit

A

Fine ONLY when implied or expressly agreed upon.

98
Q

Written contribution death excusal

A

All partners have to agree otherwise estate is on the hook

99
Q

Corps Director Meeting

A

Regular meeting can be held without notice

100
Q

Appraisal Acceptance Timing

A

Between 40 and 60 days to accept.

101
Q

Splitting Gross Returns

A

Doesn’t count as profit sharing…faggots…

102
Q

PR Appointment Challenge TIming

A

3 months

103
Q

Immediate revocation of LLP statements means

A

Immediate transformation into Simple Ptnr

104
Q

No surviving desc, parents, sibs or their desc means

A

Goes to grandparents kindred; half and half. Grandfather gets half, split goes to other on grandmother’s side (example)

105
Q

LLC waiver

A

ONLY duty of loyalty can be made for members/managers

106
Q

Evidence during sentencing phase

A

Is fine, along with CE of witnesses, and open/closing. NO SCORESHEET FOR CAPITAL CRIMES

107
Q

Go over abatement

A
108
Q

Partnership withdrawal for LP

A

LP’s can be blocked based upon agreement

109
Q

Will property lists conflict

A

Will controls when conflict between list of property devise (trinkets) and prestated will shit for the property devise

110
Q

Stock subs timing

A

Six months from signing, not incorporation

111
Q

No voluntary dismissal

A

When property is held by court

112
Q

Florida NIED

A

Impact Rule. So physical impact or distress that results in physical illness

113
Q

Witness Impeachment

A

No SIC allowed. Only reputation. No usage of job applications or lying.

114
Q

No rebutting to make

A

Def look violent. Can only rehab victim.

115
Q

Williams Rule

A

Used to prove certain MO. But not conspiracy!!

116
Q

Ultimate Issue Testimony

A

Opinion or inference on UI is fine.

FBE (13 decks)

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