NY BAR REVIEW ESSAYS Flashcards by H A

define what?

the legal issue,
the legal status
all definitions

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order in essay response

legal reasoning.
applicable rule of law.
statutory or common law.
analysis.
conclusion.

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pay attention in the question to the:

dates.
parties.
states.
timeliness of week, year, day, month.
objection.
events.
numbers in money, acres, shares, ages.

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oral

Said, called, phoned, conversation on street

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consent

Legally relevant or not when given, in rape- irrelevant

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negative words

No, not, without, doesn’t sign, does sign

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look out for the following actions

AMEND PLEADINGS
LEAVE OF COURT
DISPOSITIVE
OBJECTED OR DIDN’T OBJECT
GAVE NOTICE OR NOT

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merchant

Manufacturer, wholesaler, distributor

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agent

Contracts, fiduciary duties

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language

Contract, will, deed, trust, letter

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promoter

Corporate form

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LICENSEE

ASSIGNEE

Assign rt to another

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accomplice

Driving getaway car, stick up

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bailor / bailee

Tort, Article 2 of UCC, transfer of possession not title,

personal property

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look out for the following :

CARRIER
LENDER/BAILOR
BORROWER/BAILEE
DRIVING ANOTHER’S CAR

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RIGHT V. REMEDY

To obtain specific performance
Judicial means by which
rt enforced or wrong
Prevented

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EQUITABLE REMEDIES

PLAINTIFF

Legally relevant/valid/doesn’t matter???

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look out for the following :

TIMELY NOTICE
PHONE OR WRITING
DOESN’T OBJECT

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PARTY 1 PARTY 2

Infant adult
Statute of limitation
Criminal law
Wills
Domestic relations
Commercial paper
Merchant non merchant
Article 2 UCC
Fiduciary non fiduciary
Owe duties
Negligent non negligent
Privities of contract not in privities
of
Contract
Right to sue
Distribute non distribute
Wills
Interested witness disinterested witness
Domiciliary non domiciliary
Domestic relations
Gave consideration didn’t give consideration
Contract
3
rd party credit 3
rd party incid.
Beneficiary. rts to enforce beneficiary. No rts
Contract
Alive dead
Survival claims
Solvent insolvent
Different rts
Article 2 UCC
Secured unsecured
Common law statutory law
Which 1?

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NO DISCUSSION REQUIRED

• duly
• on due notice BCL
• On proper notice. shareholder 10≤x≤16
• validly executed
• timely commenced, notice, objection
• proper/properly
Leave 5-10 blank lines at end “it should be noted”
NO: “I feel…”

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sales law

article 2 UCC

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corporation law

BCL

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wills law

EPTL, USDA

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NY practice law

cplr

criminal law

NY penal law

domestic relations law

DRL

trusts law

EPTL | ny fiduciary power act

partnership law

ny partnership law

commercial paper law

article 3 of the ucc

real property law

ny general obligations law. statute of frauds. ny real property law. race notice statute

vendor and purchaser law

uniform vendor and purchaser risk act law

transaction law

secured transactions | art 9 of the ucc

contract law

``` ny general obligations law. consideration. offer. acceptance. statute of frauds. ```

torts

article 16 of cplr. | limited liability of joint tortfeasor for non economic damages.

cars

non resident motorist statute. ny vehicle and traffic law. long arm statute. if nj motorist v. ny

municipal law

ny general municipal law

is it a city, county,

village, town

school board/district

within 1yr and 90 days. | sworn notice of claim within 90 days.

mortgage law

ny real property law. mortgage. foreclosure.

ny general obligations law

statute of frauds. assumption of mortgage. workers comp.

ny comp

ensation law

no fault

insurance

ny insur

ance law

first state the general rule of law, then state the

EXCEPTION - however... theres an applicable exception. OR None of the exceptions to the general rule of law apply...

how many exceptions to warrantless search?

``` 6. consent. plain view. evanescence. stop and frisk. hot pursuit. ```

Merchant

Seller or buyer dealing w goods of a particular kind

Jointly and severely liable

Both liable for amount and each liable for full amount. | Plaintiff may not recover more than full at from both.

infant

Minor/ infant= under 18, age of majority

constitutional law

21 yo

laches

unreasonable delay. | prejudicial delay.

goods

Art 2 of UCC | TV, car, crops, movable, personal property

types of witnesses

interested witness

witness who receives disposition under testator's will

estates powers and trusts law

quorum

BCL- min number required to be present at B(oard) O(f) D(irectors) meeting to validly transact business. BCL majority of entire board of directors, in absence of contrary provision in certificate of incorporation or bylaws.

fiduciary

Party acting in representative capacity for another

consideration

Party giving it when incurs legal document or confers a | benefit

merchantable title

Real property discovers if free from liens or | encumbrances

good faith

Article 2 of UCC | Honesty in fact