Mixed Updates Flashcards
Witness Credibility Bolstering
Cannot do it. Have to wait for it to be attacked
Juvenile Conviction
Most right answer… Kike faggots.
Evidence, Burden, Defendant
They have the burden to prove evidence was tampered.
Negotiable Instrument Duplicate
Inadmissible without explanation of missing original.
Review County v. Circuit Court Juris
Also, 50k is new limit.
Court Discretion Kikery
Remember discretion as a change word. Fuck these kikes.
Pleading to a proceeding pleading - set affirmatively
Arbitration, award, assumption or risk, cont. negligence.
Compelling non-party for evidence
Can do it, to include forced entry upon land. - Water sample question.
Motion to dismiss crim, state didn’t deny everything.
Court can grant the MtD.
Crim Capital Sentence extends
Extends the 10 day deadline to the sentencing phase.
Pretermitted Child - Wills - Exception
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)
Go over types of devises.
Demonstrative - money gift from specific fund/account. Specific is property.
Pro Rata Debt Order
Intestate, Residuary, Gen, Demon, Spec. (IRGDS)
Bigamy will shit
marrying another stops inheritance from previous spouse.
Rep Duty Vio - Wills
Have to oppose other reps in writing.
GP to LP Transformation Liability
– Transformation to LP still puts LP on the hook for 90 days after creation if they were a GP prior.
Purported Partner
– Liability only needs for a third party to rely on and suffer damages.
Prosecutor Previous Felony Introduction
Can introduce without rules.
Derivative Action BS
MUST BE A CURRENT SHAREHOLDER
Witness Exclusion Corporation
CANNOT be excluded if witness is an officer or employee of party and party is not natural person.
Who can issue Subs
Attorneys can issue subs in Florida
Trial Complexity - When
All def appearances are necessary to pursue
Failure to Pros - (10/6/5) - Type of Prej
Without
Remittur - When to use
ONLY on amount of damages, not reduction through percentage of fault
FLSC Juris - BUID +
Any question cert’d by fed court without controlling Florida Law
Notice to Appear - Counts as a
Charging Doc
Hearsay Exceptions / Reports
Report allowed if they can’t remember regardless of whether party is available.
Dissoc - Spite
Partnership still liable w/o writing statement of dissoc
No Judicial Notice for:
Return of Service - Kike shit
Motion for Acquittal
Any time after state’s evidence, total evidence, or within 10 days of verdict - Don’t get jewed on the JNOV/Verdict shit.
Partner Expulsion
Can’t just vote them out. Has to buy them out or they have to leave on their own volition.
Stock Transfer Restriction
Only enforceable when party getting stock didn’t know - Kikery
Piercing Veil
No statutory req’s, only factors
Director Vacancy
Directors can skirt shareholders and fill with whomever the fuck they want.
Shareholder Meeting Quorum
Majority of shares entitled to vote; not total amount of shareholders. (60% is fine even though it may only be 20/100 total SHAREHOLDERS)
Lack of Standing
Can be raised in ANSWER even after any MTD for process, venue, etc.
Wills Death Act
No minimal time to survive. - Party that survives even an hour gets the will proceeds
Shareholder merger/appraisal timing
Must be done PRIOR to shareholder vote on merger.
PR Rep Revoke
The crime has to be a felony, so even misd fraud won’t revoke.
Directors must be
Natural People. A company can’t be director.
Threshold Aggregates
Separate claims for unrelated things CANNOT be added together to meet 50k+ thresh
Settlement Demand Timing prior to hearing
45 days prior
When def entitled to jury trial
Six month+ jail sentence has to be on table - DO NOT CONFUSE WITH ATTORNEY APPT FOR INDIGENCY. AAFI allows appoint for ANY crime.
Partnership Test - One to Rule Them All
Profit sharing, anything else doesn’t matter.
Maison/Textile BS Question Wording
Watch for the shit wording and omissions as right answer.
LLP v. LP Paperwork
Statement of Qual - LLP
Certificate of LP - Used to convert
Promise to Contribute to partnership requires
It be in writing.
Evidence - Medical Hearsay Exception - Rules
Needs knowledge of and must be legally responsible for. - So I assume the person being royally hammered doesn’t count as needing legal respo.
Slayer Statute Level of Proof
Conviction for Murder is only conclusive proof, nothing else lesser.
Exceeding arraignment period allows for
Suppression of statements made during delay period. NOTHING ELSE. Can’t dismiss, hab/corp, etc.
Will - Only a copy is located
Rebuttable presumption of revocation
Revocation of Joint Will
Does not affect validity of will, (doesn’t kill it). Only sets up potential breach actions for revoking party.
Will Gifts - Binding - Heir Desc.
Only bound if declared in acknowledgment
Circuit Court Exclusive Juris Over
Ejectment action.
Arraignment is not a
PC hearing.
Duplicates of evidence are fine when original is lost unless
(i) genuine question as to authenticity; (ii) unfair to admit duplicate; (iii) doc is negotiable instrument/security/or right to payment of money.
Simultaneous death when Joint Tenants
Property then treated as TiC
Combatting Rebuttable Presumption
Only need credible evidence
Alibi Jewery Shit
“If pros makes demand, then has to provide alibi info at least 10 days prior.”
Pretermitted Spouse v. Previous Will
Spouse gets GUARANTEED shit. So, fuck the will and it’s treated as intestate.
Prior bad act conviction - Criminal v. Civil
A conviction in criminal court for previous acts –can– be used in civil court. Sex battery conviction question when getting sued in civil court.
Severance Arching Rule
Even if defendant says it’s properly joined, and same occurrence, etc. If they move for severance on “fairness” the court can grant it.
Partnership Ag v. Statute in Conflict
Agreement Governs
Appeal Conviction Release
Non-capital, judge can do it.
For felonies - good faith, fairly debatable, non-frivolous
Limited Partner Duties
No fidu duty unless given management and then strictly related to management - LP can be a fuckwit.
Reports prepped for litigation considered
Untrustworthy…okay.
Video surveillance must
Be authenticated by personal knowledge (Testimony) or its out.
Previous Witness Criminal Testimony
Only admissible if witness is unavailable.
Out of court ID by witness
Only allowable if witness can be CE’d
Treatise purposes
Used on CE, but CANNOT be entered into evidence.
Improper Venue, Improper Service, etc.
Have to be made all at once in respo or pre-answer mtn. Can’t do one first, then the others.
Default voting rule for Corps
Plurality - one set of votes from shares. (Cumulative is sets of votes per vacancy).
Majority of each separate TOTAL SHARES are required.
Rehab Witness SiC
Can ask about rehab witness’s sic of untruthful act.
Judicial Notice
Court “can” force jury to take notice as conclusive but doesn’t have to.
Mediation Req’s
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.
Directors must be
18 years old or older
Corporate Acqu
Needs a meeting to authorize or written consent of all
Opposing Party Statement Evidence
Is fine EXCEPT for conspiracy. Need independent facts for consp.
Being held out as partner
No duty to disclaim even when they file SoA for them…what?
To set aside Jury verdict, movant MUST
have made a directed motion during the trial.
Unlawful distro director liability
Abstention must be noted in minutes or same is liable for portion of distro (100k /4 = 25k Q)
30 days from arrest to file charges
RoR’d on 33day. State can move for G/C to 40 days.
Access to Courts
Sale/fee, Denial, Delay, then Kluger
Sentence Correction When
Anytime even the scoresheet
Homesteading for wills
Spouse gets it, then kids get vested remainder.
Counterclaim impleader
Fine, but restricted to same restrictions as defendant
Pour-Over Devise
Is valid.
Charging Doc Amending
Fine during trial if does not prejudice
Threshold Counter claim/crossclaim
any cross or counter exceeding 50k goes to circuit
Multiple PR’s
Need majority to on acts related to admin unless will says otherwise
LP Personal Liability
GP in LP has to SPECIFICALLY named.
Depo Recycling
Only allowed in the new trial if same people and same issues.
Supporting Director’s Duty Satisfaction
NO WRITTEN STATEMENTS. Only opinions/reports/info from internal peeps excluding director.
Partnership illegality nonsense
Failure to cure/remedy will dissolve partnership. - Dog Day Care question.
Remarriage
Revives insurance jazz..and assumedly, the will.
PR termination
Moving out of state EXCEPT if related.
Using Partnership property/credit to purchase own shit
Fine ONLY when implied or expressly agreed upon.
Written contribution death excusal
All partners have to agree otherwise estate is on the hook
Corps Director Meeting
Regular meeting can be held without notice
Appraisal Acceptance Timing
Between 40 and 60 days to accept.
Splitting Gross Returns
Doesn’t count as profit sharing…faggots…
PR Appointment Challenge TIming
3 months
Immediate revocation of LLP statements means
Immediate transformation into Simple Ptnr
No surviving desc, parents, sibs or their desc means
Goes to grandparents kindred; half and half. Grandfather gets half, split goes to other on grandmother’s side (example)
LLC waiver
ONLY duty of loyalty can be made for members/managers
Evidence during sentencing phase
Is fine, along with CE of witnesses, and open/closing. NO SCORESHEET FOR CAPITAL CRIMES
Go over abatement
Partnership withdrawal for LP
LP’s can be blocked based upon agreement
Will property lists conflict
Will controls when conflict between list of property devise (trinkets) and prestated will shit for the property devise
Stock subs timing
Six months from signing, not incorporation
No voluntary dismissal
When property is held by court
Florida NIED
Impact Rule. So physical impact or distress that results in physical illness
Witness Impeachment
No SIC allowed. Only reputation. No usage of job applications or lying.
No rebutting to make
Def look violent. Can only rehab victim.
Williams Rule
Used to prove certain MO. But not conspiracy!!
Ultimate Issue Testimony
Opinion or inference on UI is fine.
