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NY BAR REVIEW > NY BAR REVIEW 27 > Flashcards

NY BAR REVIEW 27 Flashcards

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1
Q

essay

A

40 mins

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2
Q

mpt

A

90 mins

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3
Q

essay

A

legal conclusion are reasoning = BECAUSE
legal issue
rule of law - statutory law = ny statutory law or common law = ny law / which elements present / absent / rights/ duties / liabilities / remedies - legal or equitable / conditions precedent
analysis as to material facts - parties’ status, parties’ relationship, material facts to support
legal conclusion are reasoning = BECAUSE
it should be noted
i believe

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4
Q

essay parties

A

legal status of each

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5
Q

parties

A

rights
duties
liabilities
remedies

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6
Q

parties’ terms

A

plaintiff

defendant

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7
Q

whether ____ or _______applies to question

A

statutory rule of law

common law rules

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8
Q

paragraph at end of essay

A

it should be noted

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9
Q

legal statuses list for parties

A

a. fiduciary / non fiduciary
b. merchant / non merchant
c. domiciliary / non domiciliary
d. distributee
e. general agent
f. special agent
g. foreign corp
h. undisclosed principal
i. surety
j. third party creditor beneficiary
k. infant / adult
l. interested witness
m. tortfeasor
n. partner
o. mortgagor
p. director
q. officer
r. promoter
s. agent
t. principal
u. surety
v. executor
w. trustee
x. endorser
y. licensee
z. assignee
1. accomplice
2. bailor
3. bailee
4. carrier
5. lender
6. borrower
7. negligent / non negligent
8. privity of contract / no privity of contract
9. distributee / non distributee
10. interested witness / disinterested witness
11. solvent / insolvent
12. secure / unsecured
13. common law / statutory law
14. alive / dead
15. 3rd party beneficiary / 3rd party incidental beneficiary

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10
Q

legal terms must be

A

defined

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11
Q

which __, if applicable, governs the essay

A

statute

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12
Q

i ____ pl will prevail

A

believe

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13
Q

never use the word ____

A

if

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14
Q

2 types of law

A
  1. ny statutory law

2. ny law (common law)

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15
Q

legal terms

A

a. jointly and severally liable or jointly liable
b. laches
c. goods
d. quorum
e. consideration
f. marketable title
g. good faith
h. contribution or indemnification

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16
Q

what types of remedies does the party have?

A
  1. legal

2. equitable

17
Q

what ____ MUST be satisfied BEFORE party has right /remedy / liability?

A

conditions precedent / requirements

18
Q

what is specific performance?

A

for buyer to obtain the same for a sale of goods contract, MUST prove goods are unique / that there are other proper circumstances - inability to cover / purchase substitute goods

19
Q

how to enforce a guaranty ag a guarantor?

A

creditor MUST prove guaranty is supported by consideration AND guaranty satisfies NY STATUTE OF FRAUDS - MUST be in writing and signed by party to be charged or their lawful agent

20
Q

how do you timely commence a wrongful death action?

A

distributees of decedent - MUST be commenced w/in 2 years from date of his death,provided statute of limitations on decedent’s survival claim hasn’t expired as of date of his death

21
Q

state the ____ of the applicable / governing rule of law

A

ELEMENTS - which are present, which are absent

22
Q

assuming statute of limitations did NOT bar pl’s action, he would have what?

A

right to recover

23
Q

assuming oral contract was enforceable, buyer would have what?

A

following rights and remedies ag seller

24
Q

assuming wife satisfied durational residency requirements, her action for divorce would be what?

A

NOT dismissed for failure to state a cause of action and she could maintain her matrimonial action ag her husband and obtain maintenance, child support , and equitable distribution of marital assets

25
Q

after stating applicable rule of law - common law or statutory law, ALWAYS state what?

A

IN THE ABSENCE OF CONTRARY AGREEMENT / PROVISION = statutory / common law rule of law CAN be trumped by contrary agreement / provision made by parties

26
Q

pl timely commenced action ag def

A

BECAUSE - state facts / dates

27
Q

def was guilty of felony murder

A

BECAUSE - state facts / dates

28
Q

2 important words

A

material

reasonable

29
Q

modification agreement entered into by parties was / wasnt supported by consideration

A

BECAUSE - state facts

30
Q

attesting witness to testator’s will was interested witness

A

BECAUSE - state facts

31
Q

persuasive docs

A
  1. memo of points and authorities / brief in support of motion
  2. trial brief
  3. appellate brief
  4. memo to judge
  5. theory of case memorandum
  6. letter to opposing atty
  7. position paper , persuasive letter to agency
  8. opening sttmt
  9. closing argument
32
Q

objective docs

A
  1. memorandum of law
  2. client letter
  3. jury instructions
  4. affidavit
33
Q

discovery docs

A
  1. interrogatories
  2. depositions
  3. requests for admission
  4. requests for production of docs and things for inspection
  5. requests for physical / mental exam
34
Q

client’s what?

A

GOALS

35
Q

client options / courses of action

A
  1. litigation
  2. alternative dispute resolution options
  3. non legal options
36
Q

conflict of interest causes to?

A
  1. withdraw
  2. disclose and obtain consent
  3. seek advice from other atty
37
Q

what does closing argument consist of?

A

how evidence presented meets legal standards which are or will be set forth in jury instructions.
communicate w laypeople.
help them understand how law relates to facts presented, and persuade them that they have no choice but to find for my client.
1. state explicitly ultimate facts that jurors MUST find in order for my c to prevail
2. organize evidence in support of ultimate facts
3. incorporate relevant legal principles / jury instructions into argument
4. discuss sufficiency of evidence and credibility of witnesses
5. draw reasonable inferences from evidence to support positions i have taken
6. anticipate opposing counsel’s arguments and point out weaknesses in their case
7. refer to equities / policy considerations that merit finding for my c

NY BAR REVIEW (123 decks)

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