review tonight Flashcards

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1
Q

MNaughten

A

DoM

DoR

DKNQA or

KNQ but DKW.

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2
Q

LLCs

A

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
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3
Q

Is a proxy revocable even if says irrevocable?

A

Yes. Unless coupled with an interest.

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4
Q

Admissibility of previous conviction for impeachment depends on:

A

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)
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5
Q

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

A

novation.

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6
Q

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

A
  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
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7
Q

Content of notification of creditor for sale of collateral in default

A
  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
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8
Q

Tender years doctrine

A

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

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9
Q

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

A

defective when it left the control of the manufacturer

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10
Q

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

A

ABC + not MP left to be achieved (Clafin)

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11
Q

Support Trust

A

T must pay what is necessary for Bs support.

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12
Q

Spendthfit trust restrains:

A

the voluntary and involuntary transfer of a Bs interest

memorize it.

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

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13
Q

Cy Pres

A
  1. GCI
  2. No alt charity named
  3. Gift to charity is III - impossible, illegal, impracticable
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14
Q

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?

A

Majority view:

No.

Yes, unless donor specifically requires reference to

Minority view:

Yes, its fine, unless instrument says otherwise

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15
Q
A
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16
Q

Special PoA

A

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

17
Q

At CL, advancement only applied to:

A

children, not to say a sibling, for example

18
Q

UPC says no satisfaction of a gift under will unless

A
  1. will says so
  2. contemporaneous writing by T
  3. writing by devisee acknowledging that the gift is in satisfaction
19
Q

is vol manslaughter a form of felonious and intentional killing?

A

Yes!

20
Q

Some reasons to deny a will to probate

A

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

21
Q

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

Under UPC what is required?

A

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.