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Business Law 2 > MLS Test Two > Flashcards

MLS Test Two Flashcards

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Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

two main sources of law

A

court made and enacted

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2
Q

difference between the govt codifications USC vs USCA

A

annoted

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3
Q

how do we search for a statute

A

by common name or citation

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4
Q

if we dont know the citation how do we search for a statute

A

subject matter index

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5
Q

what do we look at when analyzing a statute

A

what is the legis trying to accomplish
what is the legis purpose
can you satisfy each element and make a list of elements with clients facts

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6
Q

set forth in const statutes and admin regs that lay down specific requirements

A

enacted laws

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7
Q

what type of conduct do statutes deal with

A

future

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8
Q

court will create new common law when

A

there is no law governing the situation
court decides to overrule a prior decision
court disagrees w/ statute covering a situtaiton

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9
Q

set of books that contain appellate court decisions in chronological order and divided into volumes

A

case reporters

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10
Q

official case reporters

A

state or federal statutes

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11
Q

unofficial case reporters

A

west or private co

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12
Q

new common law is made by court b/c there is no law covering a decision on this issue

A

case of first impression

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13
Q

court opinion that est new law in that area

A

landmark decision

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14
Q

what does IRAC stand for

A

issue, rule, analysis, conclusion

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15
Q

what info is in the court citaiton

A

name of case, where its located, court decided it, and year

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16
Q

printout of the case prior to being placed into the case reporter hardcover

A

advance sheet

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17
Q

why is it important for a judge to sometimes write a dissent

A

keep the majority honest
limit rulings precedential effect
hope that a later court will see wisdom of dissent

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18
Q

steps in legal research

A

identify your search terms
go to secondary authority first
go to primary authority
update your research

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19
Q

pamphlet inserted into back of book w/ updated info since book was published

A

pocket part

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20
Q

when do you know when to stop researching

A

when you keep finding the same references in different sources

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21
Q

goal in conducting research

A

find primary authority

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22
Q

in writing analysis you should prefer to use a case…

A 
from highest appellate court
decided recently
facts similar to your case
decided by a unanimous court 
written by a well known and respected judge
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23
Q

attorney client confidence in what kind of code

A

ethics code

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24
Q

attorney client privilege is what kind of code

A

rule of evidence

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25
Q

confidential information applies to what type of client

A

potential, active, prior clients

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26
Q

two types of conflicts with attorneys

A

personal or bus interest

present/past client

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27
Q

four part test to satisfy attorney-client privilege

A

the client made a statement
to a paralegal or attorney
while seeking legal advice
no unnecessary persons were present

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28
Q

all firm treated as though they represented prior client

A

vicarious

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29
Q

what should paralegals do to avoid problems

A

never meet w/ new client w/o attorney, id their status, not to disclose any info

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30
Q

what constitutes a contract

A

offer, acceptance, counter offer, consideration

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31
Q

courts dont care if parties made a poor bargain b/c

A

want people to be free to enter into contracts
people become sue happy in attempt to get out of contract
want security of relying on contract made between people

32
Q

difference between contract and gift

A

no consideration with gift

33
Q

requires that certain contracts must be in writing to be enforced

A

statute of frauds

34
Q

tangible object or right to an ownership interest

A

property

35
Q

land and items growing on or permanently attached to land

A

real property

36
Q

all property that is not real

A

personal property

37
Q

goods that can be touched or moved

A

tangible property

38
Q

stock certificates, patents and intellectual

A

intangible property

39
Q

absolute ownership, free from any condition or restriction

A

fee simple

40
Q

right to title of real property that extends for some other indeterminate period of time

A

freehold

41
Q

gove a person certain ownership rights for a limited period of time but title remain in the hands of owner

A

leasehold

42
Q

current owner retains ownership only as long as certain conditions are met

A

conditional fee (land K)

43
Q

gives the life tenant ownership until they die, then reverts back to original owner

A

life estate

44
Q

own solely

A

severalty

45
Q

ownership by 2 or more people, dont have to be equal shares, upon death persons shares passes by will or intestate

A

tenancy in common

46
Q

ownership by 2 or more persons who have equal rights, when one tenant dies, that persons share passes to the other joint tenants

A

joint tenancy w/ rights of survivorship

47
Q

applies to married couples only, neither party can transfer property w/o consent and upon death of one the entire property goes to other

A

tenancy by entireties

48
Q

a provision in a deed that prohibits specified uses on the property

A

restrictive covenant, easement

49
Q

unintentionally parted with an item and cant find it

A

lost property

50
Q

unintentionally placed an item somewhere and the forgot where you put it

A

mislaid property

51
Q

deliberately placing item somewhere w/ no intention of reclaiming it

A

abandoned property

52
Q

temp transfer of personal property to 3rd party

A

bailment

53
Q

total or real and personal property owned at death

A

estate

54
Q

die with a will

A

testate

55
Q

a supplement or addition to a will that modifies the current will

A

codicil

56
Q

process of court supervision over distribution of a deceased persons property

A

probate

57
Q

steps to distribution of estate

A

petition and fee
letters of testementary
reporting & inventories
probate a will

58
Q

codes of attorney ethics

A

MCPR and MRPC

59
Q

types of concurrent conflicts

A 
actual conflict (involves adverse parties) 
potential conflict (conflict may arise in future)
60
Q

representing someone who is in a position adverse to a prior client

A

successive

61
Q

courts are loath to disqualify a firm b/c a conflict of interest due to

A

client rights to counsel of their choice
attorneys interest in rep a client
financial burden of client of replacing disqual counsel
possible tactical abuse underlying the disqual proceedings

62
Q

public or private statement that an attorneys conduct violated code of ethics

A

reprimanded

63
Q

determination that an attorney may not practice law for a set time frame

A

suspended

64
Q

revocation of an attorneys license to practice law

A

disbarred

65
Q

unauthorized practice of law for paralegal

A

misdemeanor charge

66
Q

4 categories of court opinions

A

interpreting and applying enacted law
deciding the constituitionality of a law
applying established common law principles
creating new common law principles

67
Q

binding decision from a higher court in same jursidiction

A

mandatory or primary authority

68
Q

nonbinding decision that includes primary authority and secondary authority

A

persuasive or secondary authority

69
Q

supports a limited role of the judiciary in changing the law

A

judicial restraint

70
Q

supports an active role for the judiciary in changing the law

A

judicial activism

71
Q

a narrow interpretation of the statute, used in criminal law

A

strict constuction

72
Q

a broader interpretation of the statute, used in remedial civil cases

A

liberal construction

73
Q

process of organizing statutes by subject matter

A

codification

74
Q

process of using citations to check to see whether there has been any subsequent history or treatment by other court decisions about the case you are using to support/distingush client position

A

shepardizing

75
Q

purpose of shepardizing

A

find parallel citations
find subsequent history
find out what later courts have had to say about case

76
Q

used to describe a case that is similar to another case

A

on point

77
Q

term used to describe two cases that are almost identical with similar facts and legal issues

A

on all fours

Business Law 2 (8 decks)

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