review tonight

Question 1

MNaughten

Answer 1

DoM

DoR

DKNQA or

KNQ but DKW.

Question 2

LLCs

Answer 2

Relatively new, tend to analyze in context of partnership and corporation law

1. Member-mangers are agents of the LLC. Can bind in ordC.
2. Can reach individual members if 1) PCV or 2) did not follow proper procedures in winding up
3. To WU properly, must 1) unami agree 2) notify creditors in writing + expressly tell them how to exercise their rights.
4. Can waive DoL violation if not manifestly unreasonable
5. Members total liability cannot exceed the total amount received in winding up

Question 3

Is a proxy revocable even if says irrevocable?

Answer 3

Yes. Unless coupled with an interest.

Question 4

Admissibility of previous conviction for impeachment depends on:

Answer 4

DAN

1. Defendant is the witness (higher bar - criminal cases only)
2. Amount of time that has passed (10 years since release from confinement or conviction)
3. Nature of the crime (all F or M re untruthfulness in sans discretion, other felonies in if pass PV suO DUP)

Question 5

the only way that a mortgagor is not liable on a mortgage when transferred to new guy is when:

Answer 5

novation.

Question 6

If Creditor doesnt comply with Art 9 in sale of the collateral, the debtor of the consumer good can get

Answer 6

1. statutory damages
2. not have to pay the deficiency (rebuttable presumption, absolute bar, setoff rule)
3. chance @ redemption
4. sale - court can order a sale

Question 7

Content of notification of creditor for sale of collateral in default

Answer 7

1. parties - d and SP
2. collateral
3. method of disposition
4. debtor liable for unpaid indebtness + charge for accounting

+ in consumer transactions

• also include phone # and address for which the consumer can get info about the disposition and the obligation
• description of liaiblity for any deficiency

Question 8

Tender years doctrine

Answer 8

only recognized in a few states - child less than 7 cant be held liable for negligence

Question 9

Under a manufacturing defect theory - the product must have been ______

Answer 9

defective when it left the control of the manufacturer

Question 10

Irrevocable Trust can be terminated by beneficiaries after S has died when

Answer 10

ABC + not MP left to be achieved (Clafin)

Question 11

Support Trust

Answer 11

T must pay what is necessary for Bs support.

Question 12

Spendthfit trust restrains:

Answer 12

the voluntary and involuntary transfer of a Bs interest

memorize it.

A creditor cannot reach Bs interest until it has been given to B

Question 13

Cy Pres

Answer 13

1. GCI
2. No alt charity named
3. Gift to charity is III - impossible, illegal, impracticable

Question 14

Is “I give all of my estate…” enough to exercise a PoA?

What if it is says “including any prop over which i have PoA?

Answer 14

Majority view:

No.

Yes, unless donor specifically requires reference to

Minority view:

Yes, its fine, unless instrument says otherwise

Question 16

Special PoA

Answer 16

UPC - ‘substantial compliacne’ rule, if it could be shown that holder intended to exercise, blanket exercise clause could be sufficient

Question 17

At CL, advancement only applied to:

Answer 17

children, not to say a sibling, for example

Question 18

UPC says no satisfaction of a gift under will unless

Answer 18

1. will says so
2. contemporaneous writing by T
3. writing by devisee acknowledging that the gift is in satisfaction

Question 19

is vol manslaughter a form of felonious and intentional killing?

Answer 19

Yes!

Question 20

Some reasons to deny a will to probate

Answer 20

interested witness issues (CL), lack of testamentary intent, revocation by subsequent instrument, revocation by physical act

Question 21

At CL, did a gift in a will need to be in writing?

Under UPC what is required?

Answer 21

No, unless for land.

1. K in will 2. Will references K + show by EE 3. K itself exists.

Argue: Outside SoF because part perform, PE, or if no K, restitution.