Priority Flashcards
Slayer Statute
Has to be murder. Can’t be manslaughter or anything under.
Will Changes
Can’t partially revoke or revoke parts. Either new will or codicil.
Personal Jurisdiction
Long Arm. State will nearly always have jurisdiction.
Joint Wills
Can revoke that part of the will even if contract says otherwise. One person revoking the will only revokes their part, not the other person’s.
Habit Evidence
Must have corroborating elements if person. Organization can have eye witness or corrob.
Admission Of Responsibility v. Statement of condolence.
Be conservative with answer. Only specific part admitting fault. “I will never drink again” question.
Simultaneous Death explanation.
JT turns into TIC. After probate normally. So life insurance and whatever in the will transfers over without BS.
Pretermitted Spouse
Doesn’t kill the will, just gives female half because gynocracy.
Motion to Dismiss Answer Timing After Denial
10 Days.
Statements not made under oath/penalty of perjury
Can only be used to CE, but not as substantive evidence.
Rape Shield
The Shield only deals with REPUTATION DEFENSE, not spec. instances of consent.
So can’t say female has a reputation for being a whore as a defense.
Hearsay Notice Exception Timing
10 Days
PreTrial Hearing Notice Criminal
PreTrial Hearing Notice Civil
5 Days
20 Days
Recorded Recollection Entering Into Evidence
Only by adverse party. Same as the other rules for reports, etc.
Stock Restriction Changes
New changes won’t affect old stock. So can’t restrict alienation/first refusal changes with a new by law change.
Treatise/Evidence
It NEVER goes into evidence.
Wills PR Hearsay Exception
Action against PR. Written/Oral statement made by dead on same subject matter previously offered ibti evidence is an exception…whatever.
Real Covs
Privity, intent, notice, touch and concern.
Rehab Witness
Can testify about SIC of untruthfullness of other impeached witnesses. Can’t use SIC to bolster truth.
Imp WoM/WoF
Implied warranty of fitness for a particular purpose.
Implied warranty of merchantability.
To set aside jury verdict in civil
Moving party has to make a directed verdict.
Partnership Liability
Ship is liable for all tortious acts including fraud while in the course of business or w/authority.
Arrest Reports Inadmissible as
Public Records exception. Observations must be testified to.
Corp Issue of Security is
Strictly Liable in Rescind lawsuit.
Waiver of Elective share requires
Full disclosure if after marriage, no disclosure if before.
Profit Sharing Test doesn’t count when
Debt payments, interest/loan charges, rent, employee comp, business sale, annuity.
Stirps when it goes to Grandparents:
Split auto between the lineages. If only one grand parent, the other half goes down that missing line.
Fiduciary Duty Loyalty Exception
On weird questions where its not clear, choose “personal benefit” as not violating loyalty.
Directed Verdict
Allows for motions later.
Attempt and actual crime simultaneous charges.
Lesser included is fine, but attempt isn’t a L/I.
In stupid multi-juris questions, killing it from lack of PJ
Has nothing to do with the venue.
Auto Dissoc in LP from
Bankruptcy, Insolvency, Incomp, but not indictment.
Pro Rata Math
Party will always get less than devise for the question, but more than nothing. (Kills two answers).
Add up left over debts. Then take percentage of original devise against left over debt (20k/50k ex). Then take that percentage against the left over.
Partial Revo of Will
Has no effect.
Crim - Judgment Arrest exception
Don’t have to file for a new trial when getting arrest of judgment.
Caveats
Creditors have to wait for party to die. Everyone else is fine. (Before death expires in 2 years).
Warrants already have
P/C
Deriv Action Motion to Stay
Maj vote of ind directors.
Mnaghten
Did not know what they were doing from mental defect; or knew what they were doing but not that it was wrong.
Burg
Offense therein except if public and open to public or invited.
Party lies about being a partner, some other partners know, but not all.
Only people who knew are liable, not the whole partnership.
Life in P peremptory same as
Capital. Both get 10. Only Capital cases are with 12 jurors.
Handwritten Wills Must
Have the 2 witnesses, signature, etc. Even if otherwise it would be valid in that state.
Not the same as a “properly executed” with different rules in a different state. Look for handwritten as the check.
