Priority MEE Flashcards

Question

General Buyer Collateral Rule? However, a Consumer Buyer of consumer goods takes ____________ even if ________________ unless _____________. A consumer buyer is (def)

Answer 1

(A buyer of collateral subject to a perfected sec int generally takes the collateral subject to that int. However,) A consumer buyer of consumer goods takes free of a sec int, even if it is a perfected PMSI, unless prior to the purchase, the sec’d party filed a financing statement COVERING the goods. A consumer buyer is a person who buyers consumer goods for value, for his own personal, family or household use, from a consumer seller, without knowledge of the sec int.

Answer 2

A marriage is a civil contract involving the legal Union of two people. 1. Consent 2. Capacity (age usually 18 unless parent consent) 3. Compliance w/ legal formalities (usually a license and solemnization by an authorized officer)

Answer 3

Age- usually 18+ or need parental consent Waiting period Premarital testing if nec (results cannot block issuance) License not issued if a party is married to someone else, parties are too closely related, sham marriage, or parties of incapable of understanding the nature

Answer 4

A valid marriage that creates marital rights and obligations IDENTICAL to a ceremonial marriage without having performed the legal requirements. CL marriage has been abolished in most states. 1. Consent- both parties must agree and be old enough and not related 2. Cohabitate 3. Holding out in public (joint bank account, telling fam & friends they’re married, etc)

Answer 5

An annulment is a judicial declaration that a marriage was invalid due to an impediment at the time of the marriage, and therefore, never occurred. It may be void or voidable. void marriage- was never valid from the start and cannot be made valid (judicial decree unnec). 1. Bigamy (although under the UMDA, a bigamous marriage can be validated upon the removal of the impediment- when the prior marriage has been terminated as long as good faith) ****also under presumption of validity, the last of several marriage is presumed valid 2. Incest / blood relationship 3. Incapacity (P lacks ability to understand the nature- voidable if P gains capacity under the UMDA)

Answer 6

A limited divorce is when the court resolves support and property issues while the parties live apart and remain legally married (mainly medical or religious situations)

Answer 7

A divorce is a judicial decree that terminates the legal marriage. Filing for divorce requires at least one of the parties to be a resident of that state. P jx of merely one of the parties will allow a state court to issue a divorce decree and then other states may recognize the decree through FF&C CL. To divide marital assets, a court needs pjx over both parties. Property distribution orders are generally not modifiable, absent fraud.

Answer 8

When a court with personal jx over only one spouse can issues a divorce decree but can not determine property division, maintenance or custody issues

Answer 9

1. Full & fair disclosure (of assets/obligations or else unconscionable) 2. Fair & rsb terms (considering wealth, age, and health of parties- no public assistance or child custody/support) 3. Voluntary signed in writing by both (no fraud, duress, time pressure, consider business experience & opportunity for legal counsel)

Answer 10

The parties include a no-modification clause in the agreement, but the ct may always modify child support, provisions, despite a no-modification clause. Under the UPAA (Uniform Premarital Agreement Act), modification or elimination of spousal support is permitted unless it would leave a spouse to depend on welfare. Always consider public policy.

Answer 11

Community property- all marital property (acquired during marriage no gift/inheritance) split 50/50 ED- equitable split not nec equal (ct will consider length of marriage, health/income/age of spouses, education, child rearing, future needs, standard of living). NO MODIFICATION UNLESS FRAUD

Answer 12

Generally, a spouse has a duty to support their spouse. Spousal support is the obligation of one party to provide financial support to the other, even upon divorce, if that person cannot provide for his or her own needs (cannot be discharged in bankruptcy) *to modify, show a sub change in circumstance

Answer 13

LAS for PJx over a nonresidents to establish or enforce child support

Answer 14

Both parents have an absolute duty to support their children until the child reaches the age of majority or is otherwise emancipated. Ages, special needs, party obligations, assets, medical expenses, standard of living and BIOTC

Answer 15

Child custody is a parent’s right to make legal and/or physical decisions affecting a child’s life. 1. Grants SMJ if child’s HOME STATE (residence w/ parent since birth or at least 6 consecutive months or was child’s home state for at least 6 months and 1 parents continues to live there) 2. Allows ct to enter/modify order IF NO HOME STATE as long as SIG CONNECTION AND EVI in the state regarding CHILD CARE) **Ct that makes initial ruling has exclusive cont jx until neither parents nor child resides in state or child no longer has sig connection & no more evi available In awarding child custody, the court will consider the BIOTC (encompasses parent’s wishes, the child’s wishes, ability for the parent to provide for child’s needs, adjustment to home/community) Modifying a support order requires a showing of a substantial change in circumstances, such as the needs of the child or the ability for the parent to pay

Answer 16

child is in immediate danger (if prior order exists, rsb time for parties to return to original state) *order will cont until future determination or emergency order will cont

Answer 17

state courts MUST give FF&C to child custody decrees of other state courts when: (1) issuing court had jx AND (2) the assertion of jx consistent with the jx requirements of the PKPA. UCCJA or UCCIEA (most states)= sub same requirements as the РКРА

Answer 18

Generally, there is a rebuttable presumption that the noncustodial parents should be granted RSB VISITATION w/ a minor. Visitation cannot be denied for non-payment of child support. Denial of visitation is only allowed if it would seriously endanger the child’

Answer 19

clear and convincing proof of abuse (even of a sibling), abandonment, neglect, incapacity or proof that the child has been placed outside the home of a relative for 15 of the past 22 months *note- biological parents may voluntarily give up their parental rights

Answer 20

Adoption is the legal severance of the biological parent’s legal rights and responsibilities for the child (visitation rights usually lost) for their child. Generally, both bio parents need consent, apart from cases of mental illness or abandonment. And if child is non-marital, consent of bio father only req.’d if he has assumed responsibility

Answer 21

Uniform Premarital and Marital Agreements Act governs the enforcement of premarital agreements. Specifically, the party against whom enf is sought must prove involuntariness OR unconscionability. The act also allows parties to a prenup to choose which state's marriage laws apply.

Answer 22

Including an after acquired property clause

Answer 23

An agent has the power to bind the principal to a contract when the agent acts with actual or apparent authority Actual authority may be express or implied. Express authority is when the P clearly gives authority to A through oral or written words. implied authority exists when the PRINCIPAL’s conduct leads the A to RSBLY believe that she has authority, such as through nec acts to complete a transaction on the P’s behalf ***must have consent (capacity)

Answer 24

Even when an A lacks actual or authority, the P can be held liable for the A’s acts if the A acted with Apparent Auth. Apparent Auth exists when the third party dealing with the agent RSBly believes that the agent has authority to act on the P’s behalf due to an act or neg from the P (holding out A as an agent) **will amount to vicarious liability

Answer 25

the A or emp was acting within the scope of their employ, made a minor deviation from employ, or committed an intentional torts for P’s benefit

Answer 26

1. the A had no actual or apparent authority to enter into the K 2. if the P is undisclosed to the 3rd P (where the 3rd P does not know the A is acting on another’s behalf) 3. or if the P is partially disclosed (3rd P knows A is working on behalf of a P but doesn’t know ID)

Answer 27

The association of two or more persons to carry on a for-profit business as co-owners. All partners will be J/S L. Specific intent to form a Prtnrshp unnec (only the agreement to form a for-profit business together). No paperwork is needed and will be the default if parties have improperly tried to form another business association. TEST- sharing of profits (presumption). Also, exercise of control & day-to-day operations considered.

Answer 28

P’s express authorization

Answer 29

As soon as either party gives notice to the other party (unless A has an interest in the subject matter of the power)

Answer 30

Agreement states expiration, change in circumstances, passage of time, loss of capacity, A’s breach of fiduciary duty, revocation

Answer 31

1. Duty of care (follow instructions, rsbly perform, notify P, diligence, etc) 2. Duty of loyalty (avoid self-int) 3. Accounting (provide P with notice of issues and info of funds) 1. Rsb compensation (unless A has agreed on gratuitous) 2. Reimbursement (for expenses and losses rsbly incurred in carrying out duties) 3. Cooperation (P must cooperate with A to help A carry out functions)

Answer 32

1. Death of any partner 2. End of a definite term / completion 3. Partner dissociates

Answer 33

When a partner dissociates (may occur at any time upon desire to withdraw, agreed upon event, expulsion or bankruptcy) dissolution occurs which triggers the winding up of the assets (procedure by which the prtnrship assets are liquidated and creditors are paid).

Answer 34

An LLP is a partnership that limits a partner’s personal liability obligations and actions of the business. Any partnership can become an LLP upon approval of partners by vote and filing a statement of qualification with the state containing partner names, addresses, election and effective date. Before statement is filed, partners are jointly and severally liable. After the statement is filed, LLP partner is liable.

Answer 35

P to be liable for the acts of the A, even if the A lacked authority as long as P KNEW the material facts w/ capacity to authorize a transaction and then affirmed/manifested the BENEFIT of the transaction.

Answer 36

An LP is a partnership that contains both general partners and limited partners for purposes of liability. General partners manage and control day-to-day operations (owe same fiduciaries as a general partnership & are J/S L) while limited partners have limited authority and are usually passive investors (no fiduciary duties and liable only to the extent of their investment) Formation - Filing a certificate of limited partnership that contains names, addresses and signatures of general partners with the state

Answer 37

Goods bought primarily for household, family or personal purposes. Goods other than farm products that are for sale or lease or (includes goods at a store, raw material, work in process or materials used/consumed in business like fuel or wood) Goods other than consumer goods, inventory, or farm products that is generally used the business, such as machinery, vehicles or computers

Answer 38

Goods such as crops, livestock, and supplies used or produced in farming operation

Answer 39

The debtor does not make the required payments to the sec’d party. The sec’d party has a statutory right to repossess the collateral pursuant to the judicial process or self help as long as the sec’d party does not breach the peace. To determine whether repossession was peaceful courts examine: (i) where the repossession took place; (ii) who was present; and (iii) whether any protests were made. In general, breaking into locked property is a breach of the peace.

Answer 40

A promoter is personally liable for KNOWINGLY ACTING on behalf of a corp even if the Corp has not come into existence unless 1. NOVATION releasing the promoter from liability 2. A 3RD P RELIES ON the corp for performance 3. or the promoter had NO ACTUAL KNOWLDEGE that the corp’s charter has not yet been issued

Answer 41

Corp is not liable for pre-in Corp transactions, even those for the benefit of the Corp

Answer 42

Sec interests of personal property and fixtures, and provides the rules for their priority

Answer 43

Minors errors = ok (will not render the fin statement ineffective) unless seriously misleading Sufficient name of debtor = seriously misleading unless statement discoverable in search of the records of the filing office under correct name

Answer 44

Art III requires the establishment of a SC and permits Congress to create other fed courts w/ limitations The judiciary has the pwr to review: 1. Another branch act and declare uncon 2. The constitutionality of a decision by a state’s highest ct 3. And state actions under the supremacy CL

Answer 45

a state or state agency for being sued in fed ct unless consent, inj/dec relief, when damages are paid by the officer and Congressional enforcement of 13, 14, & 15

Answer 46

1. Injury in fact- concrete & particularized (future must be actual/imminent) 2. Causation- injury caused by D’s violation of a con or other fed right 3. Redressability- the requested relief is likely to prevent injury 4. Prudential- PARTY = proper party in invoke judicial resolution

Answer 47

1. Members would have standing in their own right 2. the interests at stake are germane to the ORG’S PURPOSE 3. Member participation = unnec

Answer 48

Regulate commerce btwn the states, including the Channels and instrumentalities of interstate commerce (including persons and things moving in) as well as any activity that substantially affects interstate commerce.

Answer 49

there is a RATL BASIS for concluding that there is a cumulative national impact that has a SUBSTANTIAL EFFECT ON interstate commerce

Answer 50

1. Condition must be for general welfare 2. Conditions must be CLEAR 3. Relate to fed interest in particular nat’l project/program 4. No uncon requests 5. And no commandeering- cant exceed the point to which pressure turns into compulsion

Answer 51

As enumerated in the constitution, Congress has the power to regulate commerce among the states and foreign nations. The dormant commerce clause, also known as the negative implication of the commerce clause, allows states to regulate in commerce areas where the Congress has not already enacted a law unless: 1. The state law is discriminatory against other states- to where it protects the local economy at the expense of out-of-state competitors (& even if the law is discriminatory, it will still be permitted if the state is acting as a market participant, had clear permission from Congress, is acting on a traditional state function such as waste disposal, or its nec to achieve an important non-economic state interest where there are no rsb alt) 2. The state law avoids regulating wholly out-of-state activity: 3. And there is no undue burden on interstate commerce

Answer 52

Necessary to trigger con protections (includes traditional govt functions or sig state involvement like joint venture). Needs state affirmative act to facilitate, encourage or authorize activity. DNI mere licensing

Answer 53

The economic reality of the transaction involves personal property (especially where there is a payment obligation and the lease has some sort of “economic life”) Delivery to a merchant that deals in goods of that kind— no auctioneers — he uses his own name (individual or biz), & not known by creditors to be engaged in selling others’ goods ***no consumer goods and the value must be at least 1K

Answer 54

1. Usual manner of a recognized market 2. At the current price in any recognized market @ time of dis 3. Or in conformity w/ rsb comm practices among dealers w/ similar property Disposition expenses then Satisfaction of the obligation owed to the disposing sec’d P then subordinate interests

Answer 55

After default when the sec’d party disposes of the collateral, the sec’d party’s interest is discharged as well as any subordinate sec interests

Answer 56

An individual who feloniously and intentionally kills the decedent (D) **includes vol man but not invol man

Answer 57

Generally, if a B does not survive T, the gift will lapse/fail. However, an anti-lapse statute will save the gift if B had living descendants related by blood

Answer 58

There must have been a valid marriage and pjx over both parties

Answer 59

1. Specific - property distinguished with rsb accuracy from T’s other property 2. General- property that is described in a general manner, not as specific as a specific gift, but can still be ID’d from T’s estate. General gifts must “speak” and be clear at the time of death 3. Demonstrative- comes from a particular source 4. Residuary- property that remains in the estate after all other gifts are made

Answer 60

The governing documents of a Corp 1. Corp name 2. # of shares Corp is authorized 3. Address of registered office 4. Name & address of each incorporator Rules and regulations adopted by the BOD that govern the internal operations and management of a Corp. Bonus: Under the RMBCA, bylaws may not contain provisions that are inconsistent with the Articles or a law of that jx

Answer 61

Proper purposes related to SH interest and 5D notice

Answer 62

A suit for injury/breach of a duty OWED TO A SH (must be actual injury to HIM & not simply injury suffered by Corp) ***rare A suit by SH on behalf of the corp for breach of fiduciary Standing- 1. P must have been a SH @ time of the wrong AND time action was filed AND cont as a SH during lit AND Must fairly & accurately rep corp interests Pro- serve written demand on board unless futile (don’t forget about business judgment rule) STRATEGY: 1. Whether a breach has occurred 2. ID SH remedy

Answer 63

Rebuttable presumption that directors/other corporate officers acted within the BIOTCorp if acted in GOOD FAITH and same care that an ORDINARY PRUDENT OFFICER in a like position would exercise under similar circumstances. Result = insulated from breaching the duty of care

Answer 64

A majority of directors in office are present (at time of vote) *will be valid unless articles say otherwise

Answer 65

All partners consent

Answer 66

A partner is an agent of the prtnrship and May contractually bind the prtnrship when the partner acts with actual or apparent authority (for business purposes)

Answer 67

Approval by all partners and file a statement of qualification with the state

Answer 68

Act beyond the scope of the specific corp’s purpose (usually found in articles) Consequences include a SH suit, a Corp suit (directly on an officer) or state action to dissolve

Answer 69

1. remaining FAIR TO THE CORP given the circumstances 2. Received approval after disclosing material facts by either a majority of the disinterested SH or BOD

Answer 70

1. FSB high risk of sig physical harm 2. Even w/ RSB care 3. Activity not commonly engaged in

Answer 71

An amendment, modification or alteration to a previously existing will. When a codicil is validly executed, the OG Will is treated as republished and deemed to have been executed on the date the codicil was executed. A holographic will is an unwitnessed handwritten will. These are not recognized in all states. If recognized, they will revoke a prior valid will. Req.= T’s handwriting, SIGNED, and show intent to make a will (not say, simply a LTR that expresses intent to amend a will).

Answer 72

CL- T’s domicile @ time of death UPC- where will was executed OR T is domiciled at time of death

Answer 73

A person or entity that acts on behalf of another (or a principal) to create a fiduciary relationship. Bonus 3 requirements: need assent (formal or informal agreement), benefit of the P, and control of P to A

Answer 74

1. Inherently dangerous/hazardous activity 2. Nondelegable duty (care) 3. Implied apparent auth w/ rsb reliance **P be liable if neg training/hiring

Answer 75

If acquires in the name of the partnership 1. He avoids using prtnrshp assets to acquire the property 2. And no written title instrument references the prtnrshp

Answer 76

a) grossly negligence/ or reckless conduct; (b) intentional misconduct; OR (c) a knowing violation of law.

Answer 77

An LLC is a business entity that relieves its owners of personal liability for debts and obligations of the company. It is formed by by filing a signed certificate w/ sec of state and the company has at least 1 member.

Answer 78

Manager-managed is when the LLC is run by an elected group of managers, who manage the company similar to a BOD. Presumption = member managed *The Operating Agreement must state that the LLC is manager-managed

Answer 79

BOTH the Corp AND the promoter (unless novation or K specifically absolves promoter)

Answer 80

The Corp has reason to know or knows the material terms of the K and accepts a benefit from the K

Answer 81

1. GOOD FAITH ATTEMPT to incorporate 2. Otherwise eligible to incorporate 3. TOOK ACTION indicating that it considered itself a Corp ***only a person who was unaware that Corp was not properly formed may assert

Answer 82

A ct is able reach into the personal liability of SHs apart from its limited liability 1. ALTER-EGO / noseparation btwn Corp and SHs 2. SH failed to follow corporate formalities 3. INADEQUATE CAPITALIZATION of the Corp at its inception to cover debts/liabilities 4. Preventing FRAUD/ILLEGALITY ***all applies to LLCs except #3 Once the corp veil is pierced, all persons composing the corp (SH) maybe personally liable unless not involved in active management

Answer 83

The maximum # of shares a corp MAY ISSUE, as set in the articles.

Answer 84

1. Amend the articles 2. Changes must be adopted by the BOD 3. Changes must be approved by a majority of SHs

Answer 85

The total # of shares issued by the Corp and held by the SHs. Under the RMBCA (revised model bus Corp act), each outstanding share is entitled to ONE VOTE unless provided in Articles

Answer 86

SH registered on the record date

Answer 87

70 Default = day before the first notice is delivered to SH

Answer 88

Signed on an APPOINTMENT FORM or an ELECTRONIC TRANSMISSION.

Answer 89

On its face there is no rsb grounds to deny its genuineness and authenticity

Answer 90

Proxy agreements are freely revocable by the SH, even if proxy states that its irrevocable. **unless proxy expressly states and it is coupled with an interest/right

Answer 91

A special meeting is reserved for business involving fundamental changes that require SH approval. Notice must be more than 10D but less than 60D to all SH eligible to vote AND include full description of the purpose of the meeting.

Answer 92

Delivering a signed writing to the Corp OR attending the meeting without objecting at the beginning of the meeting

Answer 93

1. Inspection made during regular business hours 2. 5D written notice 3. Written notice describes w/ rsb particularity 4. Good faith / proper purpose 5. Records are directly connected with that purpose ***note that certain records may be inspected without purpose (articles, bylaws, annual reports, meeting minutes, BOD resolutions, communication to SH)

Answer 94

0 and 2 Date , time & place only

Answer 95

Maintain and authenticate records of the Corp

Answer 96

Rsb Invalid

Answer 97

1. Director must act in the best interests of the corp 2. And without personal COI

Answer 98

1. Director/officer or a family member is a PARTY to the transaction 2. ^^ beneficial interest / close link that would affect judgment 3. Or is involved w/ another entity conducting business w/ the corp

Answer 99

Controlling SH Close Corp= not public ally traded & small # of SH

Answer 100

1. Is a SH @ time of act (or via law) 2. Must be a SH thru to judgment 3. Must fairly & adequately rep corp interests 4. And must make a WRITTEN DEMAND upon Corp to take action **suit cannot be commenced until 90D after Demand unless Corp rejects or irreparable harm

Answer 101

MUST dismiss

Answer 102

1. D used interstate commerce to engage in a fraudulent scheme 2. RELIED on to purchase/sell security 3. Acted w/ scienter (K/SHK) 4. Caused damage P must be SEC or connected to trans

Answer 103

A parent corp merges w/ it’s own subsidiary. If the parent owns at least 90% of the sub’s voting shares, only the BOD has to approve merger

Answer 104

A def May remove an action from state ct to the fed ct for the dist ct which the state ct action is pending if 1. if the case could have originally been brought in fed ct (SMJ + COMPLETE DIV) 2. All Def’s consent 3. Def seeks removal w/in 30D (up to 1 year) of receipt/service of initial PL or summons (whichever shorter)

Answer 105

A NOR in fed ct district where the state action is pending. The Notice must state the basis for removal and include COPIES of docs filed in state ct. serve Notice on all parties & file. Removal = automatic.

Answer 106

The CT’s ability to exercise judicial power over the person or property involved in the case or controversy before it. A fed ct will analyze PJx as if it were a state ct in that jx. There must be either general jx or specific jx for the def. General = @ home Specific = refers to D’s contacts w/ in forum state (purposeful availment to be hauled into ct) + Con requirements of DP ( does not offend the traditional notions of fair play and Justice- fair & rsb)

Answer 107

1. The ESI should have been preserved in the anticipation of lit 2. P failed to take rsb steps to preserve 3. And it cannot be restored or replaced thru add’tl disc

Answer 108

Any time before case submitted to jury - non-movant has been fully heard on issue and ct finds that no rsb jury would have found a legal basis -only if factual finding not supported by sub evi or legal finding not supported by facts

Answer 109

Vested rights- apply law of the state in which the trans or event occurred MSR- (R) weigh factors to determine MSR to trans & parties Gov’t Int- weighs states int/connections that were involved (considers legal differences, policies, circumstance, etc). True conflict? Apply forum

Answer 110

Construction Validity and effect

Answer 111

Must give FF&C to enforce child support awards when issuing ct had jx

Answer 112

RSB belief that it will benefit the public. The FMV of the property at the time of the taking (DNI relocation $)

Answer 113

owhen governmental regulations limit the use of private property to such a degree that the landowner is effectively deprived of all economically reasonable use or value of their property. 1. Impact on private interest 2. Extent of interference with distinct investment backed expectations 3. And character of govt action

Answer 114

Intentionally discriminate against non-residents concerning civil liberties or important economic activities (relating to livelihood) *must have a substantial reason for treatment and law must be related to that reason Note: DNI 👽 or corps

Answer 115

There is a sub reason for the differential treatment and the discriminatory law has a substantial relationship to that reason

Answer 116

All things that are movable at the time of ID to the K, including crops and animals

Answer 117

An objective MANIFESTATION of intent to enter into an agreement with DEFINITE TERMS that creates a power of acceptance in the offeree. A person makes an offer when they COMMUNICATE to an identifiable offeree a statement of willingness to enter into a bargain

Answer 118

1. Conduct is intentional 2. And each P K/SHK the other P would interpret the conduct as an agreement to enter a K

Answer 119

A bargained for exchange of a benefit to the promisor or a detriment to the promisee

Answer 120

Misrep arises when a Def ACTIVELY misreps a material fact. No disclosure will subject liability if Def had a DUTY TO DISCLOSE. Material = Likely induce a rsb person to agree

Answer 121

1. Signed by (or on behalf of) P to be charged 2. Rsbly ID subject matter of K 3. Indicate a K has been made 4. And state essential terms

Answer 122

1. Manifesting assent 2. Detrimental reliance 3. Bringing suit

Answer 123

The general measure of damages for a BOC are expectation damages. ED ARISE DIRECTLY from the breach and are an attempt to put the non-breaching P in the SAME POSITION but for the breach. To recover, must be ACTUALLY caused, FSB and in an amount CERTAIN as well as UNAVOIDABLE (rsb steps to mitigate)

Answer 124

Prevent unjust enrichment Measured by the value of the benefit conferred

Answer 125

A 3rd P’s unfsb act that breaks the chain of causation, generally cutting off a Def’s liability

Answer 126

1. Def was provoked (sudden and intense passion that caused a loss of self control) 2. In a situation where a RSB person would have been provoked 3. No time to cool off

Answer 127

Trespassing taking and carrying away of the personal property of another with the intent to permanently deprive the owner at the time of the taking

Answer 128

Upon requesting encouraging or enticing another person to commit a crime With the specific intent that the crime be committed. Took an overt act, beyond mere preparation, w/ the specific intent to commit the crime. An intended agreement btwn 2 or more ppl to pursue an unlawful objective with an overt act in furtherance

Answer 129

MN- Def had a mental disease that resulted in him being unable to appreciate the wrongfulness or understand the nature and quality of his acts MPC- Def had a mental disease that resulted in his inability to appreciate the criminality of his conduct or conform actions to the law II- mental illness made him unable to control actions or conform to the law Durham- but-for Standard = most states preponderance (min = BARD)

Answer 130

belief of threat to one’s life was RSB and the deadly force was nec to defend against the danger

Answer 131

1. PC (reliable info that evidences a crime or items to be seized at a particular location) 2. Description of particular place to be searched 3. By a neutral and detached magistrate

Answer 132

Evidence would disappear Evidence would be destroyed Hot pursuit + plain view Emergency aid

Answer 133

Police to search the entire vehicle- even containers as long as there is PC and RSB probability that crime could be in those containers

Answer 134

Under the ER, evidence obtained in violation of a Def’s 4th, 5th or 6th A, including all derivative evidence, is inadmissible under the FOTPT Doctrine. Exc- independent source, inevitable discovery, attenuation (passage of time or intervening event), or reliance in good faith on defective warrant

Answer 135

It has a TENDENCY to make a fact more or less probable than it would be w/o the evi And the fact is OF CONSEQUENCE in determining the action

Answer 136

It is UNNECESSARY and might cause the jury to improperly sympathize or dislike a P

Answer 137

The original writing, recording or photo is required in order to prove its content UNLESS reliable duplicate - like photocopy All originals = lost or destroyed good F Original can’t be obtained thru judicial process , not produced after proper notice on P in control, OR not closely related to a controlling issue

Answer 138

By a preponderance of the evi that prior act was committed and that it’s probative value substantially outweighs the dangers of unfair prejudice

Answer 139

The court takes note of an indisputable fact that is COMMONLY KNOWN in the community or readily capable of verification and cannot rsbly be questioned. In a CIVIL case, judge instructs jury to accept as CONCLUSIVE. CRIMINAL- jury MAY OR MAY NOT ACCEPT fact as conclusive

Answer 140

An exception to the hearsay R that describes an event made by the Declarant while observing the event or immediately after. This includes a few mins after the event.

Answer 141

An exception to the hearsay R that is a statement relating to a startling event made while the Declarant was under the stress of excitement that the event caused. Slight delay btwn event & statement = ok

Answer 142

It is a record of events, conditions or opinions Kept in the reg course of business Made at or near the time of the matter describes Made by a person with knowledge of the matter in the regular practice of the business to keep such a record and the opponent cannot show the record was made under circumstances indicating a lack of trustworthiness

Answer 143

Civil or criminal homicide . To be admissible, Declarant must be unavailable, statement made under sense of impending death and statement was about the circumstances or cause of impending death

Answer 144

Exempted due to privilege, refuses to testify despite ct order, Testifies that he does not remember Cannot be present due to death/ill Is beyond reach of subpoena DESPITE RSB MEANS

Answer 145

Declarant = unavailable Crim case needs corroborating circumstance that indicates trustworthiness

Answer 146

All materials prepared by an aty or his agents in anticipation of lit UNELSS P can show SUBSTANTIAL NEED and substantial equivalent cannot be obtained w/o undue hardship

Answer 147

Premarital agreement are Ks that generally provide for distribution of assets upon divorce or death. Parties may draft out any matter including personal rights and obligations unless violation of PUBLIC POLICY or CRIMINAL LAW. *no binding agreements on 3rdP or child support provisions (COL: Generally, use the state where parties executed K and regarding ENFORCEABILITY use the most significant relationship.) Req.’s = IW, voluntary, & Full & fair disclosure , fair & rsb terms Vol= ask if any Fraud, duress or coercion *insistence on signing alone? Still vol

Answer 148

Neither piece of evidence is relevant on its own, but taken together would be relevant to an allegation or defense

Answer 149

In good faith and in the BIOTC

Answer 150

DP Only if he has assumed parental responsibilities and established a substantial parent-child relationship

Answer 151

Time, title, interest (equal), possession (rights)

Answer 152

1. LL breached a duty to T 2. LL’s breach caused sub loss of use & enjoyment 3. T provided notice to LL 4. LL failed to remedy w/ in RSB time 5. & T vacated

Answer 153

An assignment occurs when a tenant (the assignor) transfers ALL of his remaining interest in a lease to a third-party (the assignee). The assignee is liable to the landlord for rent and all other covenants that run with the land because privity of estate arises between the assignee and the LL. The assignor also remains liable to LL for any rent not paid by the assignee because privity of contract continues to exist with the landlord.

Answer 154

An offer from the T to END A LEASE EARLY If LL accepts, the T’s duty to pay rent ends If LL does not accept, the T is deemed to have abandoned the lease & is liable for damages

Answer 155

A non-possessory interest in land that obligates the holder to either do something or refrain from doing something on the land. =/= ES in that the remedy is damages as opposed to injunctive relief

Answer 156

Writing Intent to run Vertical privity (successor holds entire interest) AND T&C the land (makes more useful/valuable to benefited P)

Answer 157

Writing (SOF compliant) Intent covenant runs w/ land Vertical privity (entire int) Horizontal privity (2 Ps shared the int apart from covenant) T&C the land NOTICE

Answer 158

An easement in gross benefits a SPECIFIC owner’s enjoyment and DOES NOT run the land An easement appurtenant benefits the land itself and IS ENFORCEABLE as long as NOTICE

Answer 159

1. Signed IW by Grantor (SOF comply) 2. ID land + Ps 3. INTENT for the grantor to convey the easement

Answer 160

1. Single tract of land divided by common owner 2. Pre-existing use established prior to division 3. Continuous & open to establish permanency 4. Use affects value of the land 5. Such use is rsbly nec for Owner’s use & enjoyment

Answer 161

A purchaser of a newly constructed home against latent/hidden defects and warrants that the building is safe/ fit for human habitation **successors have standing!

Answer 162

A person who pays valuable consideration for real property and takes without notice of a prior conveyance

Answer 163

By the buyer to purchase real property from the lender who secures a mortgage on the property. Holder has priority over all claims/mortgages (both before & after) unless defeated by a recording statute

Answer 164

a loan in which the lender may provide future payments under the original loan. Lender secured a mortgage for the ENTIRE AMOUNT. **usually construction loans

Answer 165

Is a security int in real property intended to be collateral for repayment of a loan except it involves a third P trustee who holds title until the loan is paid off

Answer 166

right to payment of a monetary obligation for (1) property that has been or is to be sold, leased, or otherwise disposed of; (2) services rendered; (3) a policy of insurance issued; (4) a secondary obligation incurred; (5) energy provided; (6) the use or hire of a vessel under a charter or other contract, (7) a debt arising out of the use of a credit card; OR (8) winnings in a lottery or other game of chance sponsored by a State.

Answer 167

Sec’d P = bank where deposit account is maintained the debtor, secured party, and bank have agreed in an authenticated record that the bank will comply with the secured party's instructions for deposits without further consent by the debtor, OR the secured party becomes the bank's customer with respect to the deposit account.

Answer 168

A possessory lien is an interest (other than a sec int that: 1. secures payment/performance of an obligation for services or materials furnished by a person in the OCOB; 2. is created by statute or rule of law in favor of the person; AND 3. whose effectiveness depends on the person’s possession of the goods. possessory lien on goods has priority over a security interest in the goods UNLESS EXPRESS STATUTE Ex. mechanic’s lien

Answer 169

lien creditor will prevail if interest arose BEFORE the conflicting sec int was perfected

Answer 170

goods that are physically united with other goods, but continue to retain their separate identity. Remains separate even if perfected at the time of the goods being United

Answer 171

send an authenticated notification of the disposition to the debtor and any secondary obligor. The secured party is liable for damages for failing to provide notice, even if the debtor had actual knowledge of the disposition.

Answer 172

1. Transfers all of the debtor’s rights in the collateral to a transferee for value 2. Discharges the sec int 3. And discharges subordinate int *a transferee that acts in GOOD FAITH takes free of the rights of the debtor EVEN IF sec’d P fails to comply w/ disposition Rs

Answer 173

COMMERCIALLY RSB Cts will consider all facts & circumstances (advertising, normal practices / trade, length of time, $$)

Answer 174

1. Upon agreement 2. Public sale 3. Private sale ONLY IF collateral is of a kind that is customarily sold on a recognized market/subject of widely distributed standard price quotes

Answer 175

Actual damages (and possibly $500 in statutory damages for specific provisions) Ct may restrain collection, enforcement or sale if sec’d P is not proceeding w/ Rules

Answer 176

Reclaim property held by the sec’d P if he fulfills all obligations sec’d by the collateral and pay rsb expenses/aty fees *collection of the collateral, Disposition (or K for disposition), Or sec’d P has accepted collateral in satisfaction of obligation

Answer 177

Every person owes a duty to act as a RSB prudent person would act under like circumstances. A RSB prudent person takes APPROPRIATE MEASURES to avoid FSB RISKS. This duty of care is owed to all FSB plaintiffs.

Answer 178

Professionals Medical doctors

Answer 179

rsb care TO ALL to take appropriate measures to avoid FSB risk Traditional - determines by type of person. **Unknown/undiscovered trespasser**- no duty **Known/anticipated trespasser**- rsb care to warn OR make safe known dangerous art conditions **Licensee**rsb care to warn or make safe known dangerous conditions **Invitee**- same ^^plus RSB INSPECTION for hidden dangers & make safe

Answer 180

a statute may be used to substitute the duty of care. If neg per se applies, the duty and breach elements are established when the defendant breaches the statute. Ptf need only prove CAUSATION & DAMAGES PTF must show: (1) statute's purpose is to prevent the TYPE OF HARM ptf has suffered AND (2) ptf is in the CLASS OF PERSONS statute seeks to protect. Exceptions: compliance = more dangerous than the violation of it AND compliance = impossible.

Answer 181

the breach element of negligence is very difficult to prove. To be applicable, ptf must show in the absence of causation: (1) that her injury is of a sort that typically does not occur in the absence of negligence (2) the thing/object which caused her injury was in the defendant's exclusive control; AND (3) the negligence is within the scope of duty defendant owed to plaintiff. *Most jxs also require that the ptf NOT cause/contribute

Answer 182

An act that occurs after the Def’s breach that contributes to the harm

Answer 183

performing work assigned by the employer or engaging in a course of conduct subject to the employer’s control / general nature of what’s authorized

Answer 184

Specifically authorized Employee was driven by a desire to serve the employer Or was the result of naturally occurring friction from type of employment

Answer 185

1. Employee intended the conduct 2. Employee was neg/reckless in hiring, training, supervising 3. Non-delegable duty +SR 4. Or employee had apparent authority + 3rdP rsbly relied on

Answer 186

1. Inherently hazardous activity 2. Duty owed by principal = nondeleg 3. Or estoppel where P holds IC out as agent to 3rdP & 3rdP rsbly relied on and then suffered harm as a result of IC’s lack of care/skill

Answer 187

A jury to find all Defs liable if multiple Defs are neg but it is unclear which one caused the Ptf’s injuries

Answer 188

The neg of one Def to be imputed to the others if multiple Def’s were engaged in a COMMON PRACTICE AND have agreed to engage in tort conduct

Answer 189

1. Defamatory statement- false statement that harms another’s rep 2. Of and concerning Ptf 3. Publication to a 3rdP 4. And damages **** don’t forget that if the Def has a qualified privilege (bearing a relationship to a public/private int— like employer’s vouching for former employees) then Ptf must show malice where Def knew it was false or had a reckless disregard — rsb belief of truth will defeat the defamation claim

Answer 190

A bifurcated legal instrument that separates legal title of property and equitable title to use for the benefit of another. ORAL TRUSTS ARE OK 1. Definitive B (even if future) 2. Settlor w/ capacity 3. Intent to create a trust 4. Trustee 5. Valid purpose 6. Trust property (present res) 7. Compliance w/ state formalities

Answer 191

Words that merely express a settlor’s desire regarding the disposition of his or her property that do not create a legal obligation to act in accordance

Answer 192

Majority- irrevocable by default UTC- revocable unless stated otherwise

Answer 193

Settlor retains a right of withdrawal or names himself as sole trustee

Answer 194

A trustee has absolute discretion and pwr to determine when and how much trust property is distributed to the Bs of the trust. Requires Trustee’s good faith

Answer 195

A trust that contains a provision directing T to pay B as much income and principal as necessary for B’s support

Answer 196

General charitable intent trusts or bequests. Cts will modify the trust or will to be consistent with the settlor or Testator’s intent if the purpose becomes frustrated. Primary indication = absence of a reverter (substitution B) CL

Answer 197

A provision that prevents the transfer of a B’s interest which generally has the effect of prohibiting creditors from collecting on the trust assets. Only valid if it restrains both voluntary and involuntary transfers. Exceptions (when a creditor CAN reach B’s income) = creditor for necessities, child support/maintenance, when settlor is a B and is attempting to protect his own assets from a creditor, state/fed govt claims, revocable trust, or judgment creditor that provided services for protection of B’s trust interest

Answer 198

Majority- must have expressly reserved the pwr to modify or revoke Minority- settlor is free to modify or revoke w/o express language. **amendments must be signed and in writing

Answer 199

A ct finds that Continuing a trust on its existing terms would be impractical or wasteful (often due to circumstances not anticipated by Settlor)

Answer 200

1. Restraint on remarriage (tied to surviving spouse interest) 2. Intended purpose is to take care of daily necessities until they obtain other support

Answer 201

Automatically presumed COI and therefore void . Rebuttable presumption if Trustee shows no conflict

Answer 202

When a testator/settlor gives another person the pwr to decide where and to whom the gifted property will go without any restrictions/conditions. **will only be valid if instrument is valid under state law & clear intent for the pwr to be authorized

Answer 203

Maj- if it’s signed w/ in the testator’s LINE OF SIGHT UPC- if it’s signed w/ in range of testator’s senses

Answer 204

Are acts with significance outside of the Will making process and are used by cts to fill in any gaps in the will.

Answer 205

The testator INTENDED to revoke the will and the will is then burned, torn or otherwise destroyed or cancelled. Simple words of cancellation must be come into physical contact w/ words of will (ex. Written over) CL but no physical contact necessary for UPC

Answer 206

A previous revocation that was made under a mistaken believe of law or fact. **always consider intent

Answer 207

The T burns, tears or otherwise cancels the will with intent CL- earlier will will be auto revived if subsequent will revoked UPC- use intent

Answer 208

CL satisfaction = advancement UPC satisfaction = no advancement unless the Will indicates or otherwise indicated in writing that gift/value will be deducted

Answer 209

Where a B under a will predeceases the Testator, the gift will vest in the ISSUE of the predeceased B if the predeceased B is a specified BLOOD RELATIVE and the B leaves issue who survive T

Answer 210

A specific gift cannot be identified at the time of T’s death OR T no longer owns it at the time of death. ***property T acquired as a replacement OR a monetary devise equal to the value of the specific gift

Answer 211

Some gifts will not take into effect so that creditors claims may be satisfied (creditors have priority over Bs)

Answer 212

1. In writing by disclaimer 2. Describe the interest/pwr disclaimed 4. Delivered/filed **CL w/ in rsb time (~9m) UPC any valid time

Answer 213

Be over 18 Understand the nature of the act Understand nature of property Understand the natural objects of his bounty (friends/family)

Answer 214

1. T had a weakness that made him susceptible to influence 2. Wrongdoer had ACCESS to influence T 3. Wrongdoer ACTIVELY PARTICIPATED IN WILL 4. Unexpected result

Answer 215

Is a B, SHOULD be a B, or would financially benefit if decedent died w/o a will

Answer 216

1. Alleging fraud/revocation + good faith 2. Contest is on behalf of minor/incompetent 3. Alleging lack of jx 4. Interpreting will terms

Answer 217

Clear and convincing

Answer 218

The SC’s power to declare action from a branch of govt or a state’s highest court unconstitutional

Answer 219

Channels, instrumentalities and any activity (even non-economic) that substantially AFFECTS interstate commerce *if economic in nature, sub effect presumed

Answer 220

Lay and collect taxes, duties, imposts and excises. They must be GEOGRAPHICALLY UNIFORM throughout the states and all taxes must be RSBly related to revenue.

Answer 221

The first amendment generally prohibits the government from restricting the content of speech unless the govt can prove that the restriction is necessary to achieve a compelling govt int

Answer 222

Spend for the common defense and general welfare of the US. Must be for general welfare, unambiguous, related to a fed int a particular natl project/program, no unconstitutional activity, and conditions cannot be so coercive that pressure turns to compulsion

Answer 223

PDP pertains to the process an individuals is guaranteed after a deprivation of life, liberty or property (14thA apply to states & 5thA apply to fed). 1. Whether a DP violation has occurs 2. What, if any, process is due *liberty- govt deprives individual of freedom provided by Con *property- govt deprives individual of an unfulfilled entitlement

Answer 224

UNFSB event where non occurrence of the event was a basic assumption of which the K was made and the P seeking discharge not at fault *UCC seller MUST NOTIFY BUYER

Answer 225

The unequivocal manifestation of assent to the terms of an offer made in a manner invited by the offeror, or else any manner rsb

Answer 226

An option contract is a contract that keeps an offer open for a period of time. Such a promise limits the offeror’s pwr to revoke the offer until after the period has ended, while also preserving the offeree’s pwr to accept. CL- separate consideration needed The mailbox R does not apply to options

Answer 227

A firm offer is a type of irrevocable offer under the UCC, in which an offer to buy or sell goods will be irrevocable if the offeror is a merchant, there is an assurance that the offer is to remain open, and the assurance is signed IW by the merchant offeror (separate writing if prepared by offeree) A merchant for UCC firm offer purposes is described as one who regularly deals in goods of that type OR a businessperson when the transaction concerns a commercial nature. *no consideration req.

Answer 228

Will allow an offer to be irrevocable if the offeree RSB and detrimentally relied on the offeror’s promise prior to acceptance as long as it was RSB FSB that such detrimental reliance would occur.

Answer 229

Extrinsic evidence of prior or contemporaneous agreements when a K is a final and complete agreement btw the parties. **remember that evi May still be introduced to determine ambiguity if the parties attached different meanings. Ex. “Daily use”

Answer 230

There is an unequivocal and clear statement that a party refuses to perform or creates rsb grounds for insecurity about his ability or willingness to perform his obligations under a K. *only before time of perf is due. OR- When a party has clearly and equivocally has stated (before the K is due) that he will not perform, he has repudiated. the other party may then treat as a breach and sue immediately or wait until perf = due

Answer 231

As long as the nonrepudiating party has not accepted the repudiation, acted in reliance or sued UNLESS other party has cancelled, materially changed their position in reliance, or otherwise indicated he considers it to be final.

Answer 232

Committing a larceny from a victim’s person or presence through force or intimidation

Answer 233

Both 3rd P & P = K parties P = party unless A & 3rd P agree otherwise A = Party to K

Answer 234

Sharing of profits (primary) and exercise of control over the business (secondary) *NOT common property/partial ownership

Answer 235

Aggregation: A single P can "aggregate" all of her claims against a single D for purposes of satisfying the $75,000 standard. If one P meets the standard, Supplementary Jurisdiction may well let other parties with claims for less than $75,000 have their claims heard, too. But if no P has claim(s) of more than $75,000 against any D, as a general rule plaintiffs may not aggregate their claims to meet the amount.

Answer 236

Upon a defective removal, a party may within 30D of the NORemoval, remand a case back to state ct by filing a MOTION TO REMAND. - usually in DIV where Def = citizen of forum state

Answer 237

Int scrutiny - narrowly tailored to achieve an important govt interest that leaves open alt channels of communication

Answer 238

To prevail in a negligence action, the Ptf must show, the def owed a duty of care, the def breached that duty, that the breach directly and proximately caused the harm, and actual damages suffered. Negligence requires an objective standard, which compares the Def’s behavior to that of a rsb person.

Answer 239

The govt must show that it is necessary to achieve a compelling govt interest. Additionally, the govt must show there are no less restrictive means of achieving its goal Govt must show that the regulation is substantially related to an important govt int. 1. Govt must have an exceedingly persuasive justification 2. Genuine int (not simply for lit) 3. Govt may not rely on overbroad generalizations

Answer 240

Hearsay is an out of court statement by a Declarant offered to prove the truth of the matter asserted. Hearsay evidence is inadmissible unless it fails within an exception or exemption to the rule.

Answer 241

A legal business entity that is separate from its owners and generally has centralized management, limited liability, transferability, continuity and personhood. A Corp is formed when the articles of incorporation are filed with the state. Articles must include Corp name, authorized shares, name & address of each incorporator, registered office & agent. A de jure corp is a corp formed in accordance with all state legal formalities

Answer 242

The P can fully recover against the A for damages paid to the Ptf when the paying Def was not at fault in causing Ptf’s injuries.

Answer 243

Transactions where an owner of goods delivers goods to a merchant (consignee) for the purpose of sale. 1. Goods are over 1K 2. Consignor did not use the goods as consumer goods 3. And the consignee merchant deals in goods of that kind (isn’t deliverer, auctioneer)

Answer 244

Filing a fixture filing where the mortgage would be recorded. **otherwise, recording of the real property interest will prevail

Answer 245

The buyer has given value, received delivery, and HAD NO KNOWLEDGE OF A CONFLICTING SEC INT Buyer is a BICOB (buyers in the ordinary course from a seller in the business of selling goods of that kind) AND HAD NO KNOWLEDGE of the CONFLICTING Sec Int Shelter R allows a buyer who purchases CONSUMER GOODS subject to a PMSI from a previous buyer will take free if no knowledge, for value and before a financing statement was filed COVERING the goods

Answer 246

Intestate succession is the state procedure that distributes a decedent’s assets that are not disposed of by will. Arises when Dec dies w/o a will When Dec’s Will does not dispose of all her property And if Dec’s Will is denied by probate When Dec’s estate does not pass to her surviving spouse, it will pass to her heirs through the state’s intestate laws (which vary).

Answer 247

None All states permit inheritance from the mother but require established paternity to inherit from father is req Posthumous- will inherit as if they were born as long as in gestation

Answer 248

One cannot take as an heir or B unless she survives the Dec 2 approaches= Uniform Simultaneous Death Act: will treat as if hear/B died before Dec unless sufficient evi Dec died first 120 hour R: heir/B is only treated as having survived Dec upon clear evidence that she survives by 120 hours (5 days)

Answer 249

A will is an instrument that directs the disposition of a Testator’s property upon death. It does not have legal effect until T’s death. 1. signed IW by T 2. T IN CAPACITY (of age and sound mind w/ present intent to execute a will) 3. In presence of at least 2 DISINTERESTED Ws (who have seen T sign the will and must sign in T’s presence w/ in rsb time) An attestation CL is a CL included btwn T & W’s signatures that set forth the above requirements and that were satisfied WBR- most states, will is still valid but gift is void (unless there were still 2 other disinterested witnesses)

Answer 250

A separate document May become part of the will if the doc was physically present at the time of Will execution and the testator intended the doc to be part of the will. Document extrinsic to the will to supplement terms of the Will if there was intent to incorporate, sufficiently described in the will, and was in existence at time of Will execution

Answer 251

1. Influence was exerted on T 2. T’s mind and free will overpowered 3. T’s Will would not have been executed absent the influence ***presumption of undue influence if special relationship

Answer 252

Consent of all members Passage of 90D w/o members Ct order Specific event in the operating agreement

Answer 253

Under the Erie doctrine, a fed ct sitting in DIV must apply it’s own procedural law and apply the states substantive law, including that state’s COL rules. Once the applicable state law is determined, the fed ct must apply that law as the state would. When no controlling state case law is available to the fed ct for guidance, the ct must predict how the state’s highest court would rule on the issue. ALWAYS AVOID FORUM SHOPPING

Answer 254

A trustee is in a fid relationship with the B’s of the trust. Thus they have several duties, such as the duty of care (invest as a rsb prudent investor portfolio as a whole) and duty of loyalty (no self dealing) cts follow the NO FURTHER INQUIRY RULE regarding trustees self dealing meaning they will not inquire into fairness and will only determine amount of damages. Ordinary expenses allocated to income and extrodinady to principal.

Answer 255

Under the UTC, an intervivos trust is presumed revocable, unless the instrument states otherwise. If a trust is revocable, a settlor may terminate the trust at any time. If a trust is irrevocable, the trust may only be terminated if all Bs are in existence and agree (and if a settlor has died, the trust purpose must have been completed).

Answer 256

A pour over Will funds a trust with a testator’s property upon T’s death. They are valid if the trust is ID’d in the will and the terms are incorporated in a writing that is executed before or concurrently with the execution with the will.

Answer 257

A discretionary trust is a trust where the trustee has discretion when to make distributions to the Bs. Bs and/or creditors cannot demand any disbursements (unless child support or maintenance)

Answer 258

A support trust is when the trustee must pay what is necessary for the B’s support

Answer 259

Charitable trust is for a number of individuals for a specific purpose

Answer 260

A transfer of one’s rights under a K A transfer of one’s duties under a K Duties are delegable unless the obligee has a substantial interest in having the delegator perform

Answer 261

If the partner withdraws prior to the fulfillment of the specific purpose (unless within 90D of another wrongful withdraw) OR has BREACHED an express provision of the partnership agreement OR partner goes bankrupt. 90D

Answer 262

1. Adoption by the BOD 2. Notice to SHs for Special meeting (including purpose) 3. And adoption by SH majority vote UNLESS only minor amendment OR Corp has not issued shares yet

Answer 263

Prelim inj maintain the status quo pending the outcome of an action to prevent IRREPARABLE HARM to a P. Need Notice to AP, a showing of likelihood to succeed on the merits, irreparable harm, bond post, inj is in BIOTPublic. TRO is an emergency remedy before prelim issued. Need SPECIFIC FACTS that show immediate & irreparable injury AND cert IW of efforts to give notice to AP (or otherwise why notice is futile) 14D exp

Answer 264

Instances where the dispute has ended or resolved before review (or capable of being repeated yet escaping review) Ripeness refers to a case that is ready to be litigated in terms of there existing actual harm or immediate threat of harm

Answer 265

Faithfully execute the law, appoint ambassadors (and other high level officers), appoint inferior officers when such power is granted by Congress, remove cabinet level appointees, pardon fed crimes (no crimes that lead to impeachment) and act as Commander in Chief to control troops **also shares treaty pwr w/ Congress

Answer 266

Delegable under the Constitution (no impeachment/declare war) AND Congress provides rsb intelligible standards to guide delegation

Answer 267

The process that is due upon the gov’t’s interference with a citizen’s fundamental rights

Answer 268

The govt from interfering with the exercise of religion. Test = SS Genuine and sincere

Answer 269

The production of the original document when attempting to prove the contents of the document

Answer 270

A state has a right, under its police pwr, to enact legislation for the health, safety and welfare of its citizens unless such legislation is reserved for the fed govt or preempted by fed legislation

Answer 271

A secured party gave value to the debtor and the debtor used the value to incur an obligation that enabled the debtor to acquire goods; or A secured party sold goods to the debtor, and the debtor incurred an obligation to pay the secured party all or part of the purchase price

Answer 272

1. Product = defective (in manufacture, design, or failure to warn—inadequate instructions/warnings) 2. Defect existed at time product left D’s control; and 3. Defect caused harm to any FSB user (P) when product used in intended way ** product defective when it’s unreasonably dangerous **misuse may STILL be FSB

Answer 273

A nonparty has the right to intervene in an action when, upon timely motion, (1) the nonparty has an interest in the subject matter of the action; (2) the disposition of the action may impair the nonparty’s interests; and (3) the nonparty’s interest is not adequately represented by existing parties.

Answer 274

A person is deemed a Necessary P if subject to service of process & SMJ is kept in tact and 1. The person has an indisposable interest relating to the subject of the action 2. failure to join would cause additional litigation for the existing parties 3. AND the court cannot accord complete relief among existing parties

Answer 275

The unlawful killing, that is neither justifiable nor excusable, with malice aforethought

Answer 276

Solicitation, conspiracy and murder (co-conspirator liability all crimes in furtherance) conspiracy and attempt

Answer 277

A B’s interest must vest, if at all, within 21 years of a life in being *includes trusts ALA not charitable

Answer 278

Under impleader, a defendant may serve a third-party claim only on a nonparty "who is or may be liable to it for all or part of the claim against it." This means that the basis of the claim must be derivative liability (e.g., indemnification or contribution).

Answer 279

A def will be liable for conversion upon a serious intentional interference that deprives the Ptf of use of her chattel Damages = FMV @ time of conversion Def must only intend to act to interfere - intent to cause damage unnec (mistake is no defense). But accidental damage is not conversion if Def had permission

Answer 280

1. a reasonable belief that she is threatened with imminent death or serious bodily harm 2. She uses no greater force than reasonably necessary to avoid danger

Answer 281

An association of two or more persons to carry out a for profit business as co-owners

Answer 282

Paternity can be established (through means such as a judicial decree, being named on the birth cert., other form of acknowledgement, blood test or medical testimony, resemblance in some states) **time limits on filing for paternity to be awarded support = uncon. (unless substantially related to govt int such as preventing fraud)

Answer 283

Individual - Service process may occur according to the law of the state of service, or according to the state in which the federal court sits, or by personal service USUAL PLACE OF ABODE with someone of suitable age/discretion or to an agent auth by law Business - similarly, according to the law of the state of service or the state where the fed ct sits, OR by delivering the summons and complaint to an officer or agent authorized by law

Answer 284

Promissory estoppel is a legal doctrine within that prevents a P from withdrawing a promise when a 2nd P has reasonably relied on that promise to their detriment. Need: 1. clear and unambiguous promise by the def 2. rsb and fsb reliance by the ptf on that promise 3. And injury suffered by ptf due to their reliance