! RAY tax/will/pr Flashcards

Question

PR: professional integrity

Answer 1

d. Vicarious responsibility: A lawyer must supervise subordinates and make reasonable efforts to ensure compliance Supervisor is responsible for another lawyer if he "FOR" 1) orders misconduct, 2) ratifies misconduct (approve after finding subordinate’s misconduct), or 3) fails to remedy (stop, prevent, dissuade) ii. Subordinate L is not protected from discipline, unless following supervisor’s directions that were a reasonable resolution of an arguable question of PR ethics. If supervisor is patently wrong, no protection iii. A lawyer having direct supervisory authority over a non-lawyer must make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer A subordinate’s duties under the RPC, when a superior orders his action, are governed by Rule 5.2. A subordinate attorney has a duty to adhere to the Rules of Professional Conduct regardless of conflicting instructions unless the duty is not clear. In such a case, when the problem has been brought to the attention of a supervising attorney, and the supervising attorney has made a decision on the propriety of the action, the subordinate may rely on the judgment of the supervising attorney.

Answer 2

Sale of law practice: - - A law practice may be sold, only if 1) notice to client (regarding sale, right to select own counsel) , 2) confidentiality and COI rules still apply, and 3) fees do not increase because of sale ---Entire practice must be sold. Must cease practicing law in the geographic area f. Partnership: May not form a partnership with a non-lawyer if any of its activities constitutes the practice of law

Answer 3

I. SH RIGHTS: "o mavro queen dissents" R: Shareholders are owners, and do not manage a corporation. SH generally have annual meetings, with written notice (10-16) stating time place purpose, and vote annually, through record shareholder or proxy, in the presence of a quorum. Proxy may be regarded as notice via electronic or writing to secretary authorizing vote. - -- revocable: by showing up to meeting, or death receipt - -- irrevocable: “proxy coupled with interest" (irr proxy and interest in shares/interest) Generally a quorum (majority of outstanding shares) required for a vote. A director must discharge his or her duties in good faith and with a reasonable belief that what she does is in the corporation’s best interests. A director must also exercise that degree of care which a reasonably prudent person would exercise in the care of her own business. With reference to the first part of this standard, the duty of loyalty, a director’s actions will be insulated if the action, even if it involves self dealing by one of the directors, is either fair to the corporation or approved by a majority of disinterested directors or a majority of all shareholders. With reference to the second part of the standard, directors will benefit from the protection of the business judgment rule, which insulates directors from liability for not exercising reasonable care if their actions are informed, have a rational basis, or are based on a good faith reliance on either the financial statements of the corporation, its book value, or a report from a competent source as to the fairness of a proposed transaction.

Answer 4

RULE: - Money needed to pay expenses and claims, is raised by selling **IRGDS** intestate property, the residuary estate, general gifts and subject matter of demonstrative gifts in that order. - A bequest is adeemed if it is a specific bequest which is sold or otherwise disposed of prior to the time for disbursement. EXAMPLES: - Joe will not receive anything from Frank’s estate because the specific bequest was adeemed and the remainder of the estate minus other specific bequests was left to charity (church). - Sam will not inherit anything from Frank’s estate because he was not left anything other than Blackacre which has totally adeemed, since none of the exceptions to the general ademption rule apply, and since Frank has left the residue of his estate to Wilma. - -- Daughter, Darla will not be exonerated from the lien on it securing Frank’s debt.

Answer 5

The Pennsylvania Courts have consistently recognized that a Motion for Judgment on the Pleadings is similar to a demurrer as would be raised by Preliminary Objections. The Motion is to be granted only where there are no disputed facts and the party filing the Motion, as a matter of law, is entitled to judgment. 2005: -- In deciding whether to grant the Motion, a Court is limited to the pleadings and relevant documents that are properly attached to the pleadings. - -The Motion for Judgment on the Pleadings is a proper procedural Motion to file at this point since all of the relevant pleadings have been filed; that is Complaint, Answer, New Matter and Reply to New Matter. - - The Court would deny the Motion for Judgment on the Pleadings since this is not the proper time to reconcile a factual dispute as to what occurred. Tom alleged that he was acting in self-defense while Jerry alleged that this was an unprovoked attack. Judgment on the Pleadings is proper only when no material facts are in dispute. - -- Additionally, Tom has failed to establish that based on the pleadings, he is entitled to judgment as a matter of law. The Complaint sets forth the elements of battery, which are an intentional offensive touching or contact. Levenson v. Souser, 384 Pa. Super. 132, 557 A.2d 1081 (1989). Here the Complaint states that Jerry was actually touched by Tom, when he was punched in the face, which was obviously offensive. Since the Complaint sets forth Jerry’s allegation that he was the victim of an unprovoked attack and the Reply to New Matter denies that Jerry was the aggressor, the facts, which

Answer 6

Selma would be able to include a cause of action based upon a loss of consortium, which is a right growing out of the marriage relationship. The interference with the right of consortium by a tortfesor (Tom) to one spouse (Jerry) affords the other spouse (Selma) with a legal cause of action to recover damages for that interference. Since a loss of consortium is derivative of the injured spouse’s claim and it arises from the bodily injury to the other spouse (Jerry), Selma is entitled to damages for loss of consortium.

Answer 7

The probate court should admit relevant extrinsic evidence to resolve the ambiguity in Frank’s will. The Letters show that Frank, in his estate planning, had intended a $25,000 gift, but that Abel drafted a patently ambiguous bequest of "twenty-five hundred ($25,000)” to Alma Mater. There does not appear, from the facts, to be any other provisions in the will which might resolve this ambiguity. For example, if the will contained a series of $2,500 charitable gifts, it might evidence that the Alma Mater gift was intended to be $2,500 rather than $25,000. Although the general rule in will interpretation is to prohibit extrinsic evidence, cases on the interpretation of ambiguous testamentary language have long allowed exceptions introducing extrinsic evidence (outside of the will) to resolve a language ambiguity where the Testator’s intent is unclear from a diligent reading of the entire will. Unless the language at issue is so nonsensical that no meaning can be derived from it, the admission of extrinsic evidence is a viable and reasonable solution. Even latent 3 ambiguities in wills (i.e., those ambiguities caused by surrounding circumstances rather than the content of the will) can be resolved with extrinsic evidence.

Answer 8

When beneficiary named in the will dies before the T, the gift lapses, unless it is saved by a state anti lapse statute. Pennsylvania's anti lapse statute applies when the predeasing beneficiary is T's descendant, descendant child, or sibling, who takes issue, who survives T. If the lapse statute applies, the issue of the deceased beneficiary take in the beneficiaries place. There are exceptions to this rule: 1. In the case of a gift to T's sibling, or to child of sibling, the gift will lapse to the extent that it would pass as a result of T's own spouse or issue. 2. Where the gift is by will to a grop of persons generally described as a class "Children" and some class members predecease the testator, the lapse statute does not apply, the surviving members take. 3. PA follows majority: if residurary estate is devised to two or more person, a gift fails for any reason, the surviving residuary devises take the estate in propertion to their interests in residue.

Answer 9

Money needed to pay expenses and claims, is raised by selling **IRGDS** intestate property, the residuary estate, general gifts and subject matter of demonstrative gifts in that order. If

Answer 10

specific devise/bequest. --- ONLY SPECIFIC GIFTS ARE ADEEMED, if not specific devise-- take subject to Specific devisee takes any additional securities/equity on behalf of T, but not anything acquired by purchase options. *** if T owns 100 stocks at the time he executes will, thats what the kid takes!!!! Specific devisee is entitled to securities of another owned by T as a result of merger, consolidation, reoorganization or other similar action initiated by the entity.

Answer 11

``` demonstrative legacy (ademption does not apply) ```

Answer 12

general legacy

Answer 13

residuary bequest

Answer 14

beneficiary takes nothing. gift will be adeemed. | *

Answer 15

Predetermined Child: If a child born after a will is drafted is not mentioned in the will, and there is no indicaton that she was intentionally omitted from the will after she is born, or, in this case, adopted, she is entitled to take her intestate share of the estate (except to the extent that a spouse takes).

Answer 16

Extrinsic evidence is permissible to clarify a latent ambiguity (john paul jones who didnt exist). Extrinsic evidence, when allowed, is limited to resolving the ambiguous words and not for other purposes. Absent a latent ambiguity, extrinsic evidence is NOT permisable; you cannot disturb the plain meaning of a will with extrinsic evidence Here, ambiguity clearly exists

Answer 17

Under Pennsylvania intestancy rules, where a decedent is survived only by spouse and no parents, the spouse takes the entire estate

Answer 18

Under Pennsylvania intestancy rules, where a decedent is survived only by spouse and parents, the spouse takes the first 30k off the top and half the entire estate

Answer 19

Under Pennsylvania intestancy rules, where a decedent is survived only by spouse and no parents, the spouse takes takes the first 30k off the top and 1/2 the entire estate

Answer 20

Spouse= 1/2 estate

Answer 21

Mrs. Big could bring a cause of action for intentional interference with prospective contractual relations. In order to sustain a cause of action for intentional interference with a prospective contractual relationship, the Plaintiff must establish the following: (1) A prospective contractual relationship; (2) The purpose or intent to harm the plaintiff by preventing the relationship from occurring; (3) The absence of privilege or justification on the part of the defendant; and (4) Actual harm resulting from the defendant’s conduct.