Non-MBE Flashcards
Constructive Trust (value ⬆️)
D has title, wrongful conduct, unjust enrichment
Equitable Lien (court imposed sale)
P entitled to💰
Get deficiency judgment
PR
Duty of confidentiality - not disclose communications unless in furtherance of crime or substantial harm
Duty of candor - do not lie
Duty of loyalty - materially alter rep
Duty of competency - skill, knowledge, prep & thoroughness
Duty of communication - comm.
Ads
Duty of care
Duty of diligence - zealous
Solicitation - cannot solicit/pay 💰
Fees - can pay fees for litigation
Atty fees - in writing
Contingency fees - in quitting
Fee Splitting - only w/ lawyers
Business Deals - independent counsel
Funds - advance legal fees
Gifts - no gifts
Partnership - no partnership
Offices - must be separate
Statements to media - no prejudice
Malicious prosecution - no P.C.
Failure to disclose exculpatory E
Ex parte - cannot speak to judge
Cannot limit liability in CA but in ABA if independent counsel
Corporation as client - corporate is client, notify, May report if substantial harm
Duty of fairness - cannot make things difficult for opposing counsel
Duty to withdraw - mandatory if ethical violation
Duty to report - report if ethical violation
Duty to supervise
TRO/Injunction
Irreparable harm, balance of equities, likelihood of success
Specific performance
K, definite terms, conditions met for performance, no remedy, feasible, no equitable defenses
Recession v reform
Recession (no K)
Reform (reflect parties intent)
Incapacity, misrepresentation, or mistake
Trust formalities
Testator, beneficiaries, trustee, purpose, & property
Will formalities
Writing, signed by testator, in presence of 2 disinterested witnesses, & capacity (property, bounty, & intent)
Trustee duties
Duty of care, duty of good faith, duty to invest, duty of impartiality, duty to inform
Get monies from trustee
Will changes
DRR - revived if fraud
Codicil - supplement or amend
Pretermitted child/spouse - not known or born at time of will
Revocation - physical act or implication (lost)
Holographic - handwritten
Terminate trust
All beneficiaries must agree + breach
Cy pres - reform trust
Revocable - irrevocable unless grantor reserves right
Types of trusts
Private - distribute income
Inter vivos - during life
Charitable - charity
Pour-over trusts - created through language of will, property held in trust until death
Distribution of will
Spouse gets all CP & 1/2 of separate property if 1 child
If more than one, then 1/3 of separate property
BA/Agency
De Jure - filed w/ state, shareholders
De Facto - intended to file w/ mistake but mistake
Estoppel - reasonably relied
LLC
General partnership - +2, enter into business, no papers, liable
LP - file papers & only liable for contribution, not liable, members
Actual - expressly authorized
Implied - w/in duties
Apparent - 3rd party
Duty of care/BJR - presumed to act in best interest
Duty of Loyalty - no self-dealing
Derivative & Direct (individual)
CP
Presumed CP
Tracing
Exhaustion
Fiduciary Duty
Transmutation
SP after separation
Quasi from other state
