NY BAR REVIEW 28 Flashcards

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1
Q

duly

A
timely commenced.
due notice.
proper notice.
timely notice.
timely objection.
properly.
validly executed
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2
Q

exceptions to warrantless search

A
stop and frisk
consent
lawful arrest
evancescense
hot pursuit
plain view
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3
Q

minor age

A

under 18

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4
Q

interested witness

A

received disposition under testator’s will

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5
Q

quorum

A

minimum number of members required to be present at board of directors meeting to validly transact business

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6
Q

in absence of

A

contrary provision

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7
Q

fiduciary

A

party acting in a representative capacity for another

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8
Q

consideration

A

given when legal detriment is incurred or benefit is conferred

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9
Q

elements of essay

A
  1. dates
  2. parties
  3. states
  4. timeliness
  5. numbers in money / acres / age / shares
  6. communication oral / written
  7. consent relevant / not
  8. ojbected / did not object
  9. gave notice / didnt
  10. contract / will / deed / trust / letter
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10
Q

right

A

to obtain

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11
Q

remedy

A

judicial means by which the rt is enforced or the wrong is prevented

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12
Q

3rd party benficiary credit

A

right to enforce a contract

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13
Q

3rd party beneficiary incidental

A

no rt to enforce a ctronact

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14
Q

end of essay

A

it should be noted.

i believe.

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15
Q

define what

A

legal terms

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16
Q

general rule of law and its what?

A

applicable exception.

if no exception, that state so.

17
Q

liability

A

jointly and severally.

jointly.

18
Q

rt to contribution or rt to what?

A

indemnification

19
Q

rt to contribution

A

1 party pays entire / more amount than their pro rata share or equitable share

20
Q

if party has NO rts/ remedies, state what?

A

assuming the law didnt bar , pl would have rt to recover.
or
contract was enforceable, he would have rts / remedies ag … or
this satisfied the durational..