Bar Cards Flashcards Preview

California Bar Exam > Bar Cards > Flashcards

Flashcards in Bar Cards Deck (145)
Loading flashcards...
1

Identify duty tests for torts

Cardozo - Duty owed zone of danger
Andrews - Duty owed to all foreseeable plaintiffs

2

Negligence per se

Substitute statute for standard of care

3

UCC - what applies to

tangible, moveable goods

4

Statute of Frauds

Any contract for goods valued at over $500 or services that can’t be performed within a year must be in writing.

5

Right on anticipatory breach

Ask for reassurance

6

Contract modification at common law requires

additional consideration; in writing if Statute of Frauds applies

7

Proximate cause

Legal cause as opposed to cause in fact

8

Proximate cause - crimes

Where danger known, criminal act does not breach chain of causation as superseding intervening cause.

9

Assault

Act that places person in reasonable fear of imminent harm or offensive contact; intent to do so; and causation. Also there must be some physical conduct not just words.

10

Duty to business invitee

To make safe or warn of danger. Highest duty by property owner.

11

Integration clause

No parole evidence of prior dealings unless ambiguity; parole evidence allowed re subsequent agreement.

12

Contract

Offer, acceptance, consideration

13

Contract - time of performance

Normal - reasonable time; time of essence can change

14

Estoppel

Where actions lead to detrimental reliance

15

Conversion vs Trespass to Chattel

Permanent taking vs. temporary

16

Lawyer's common ethical duties to client

Loyalty, competence, confidentiality, candor, reasonable care, financial responsibility

17

Lawyer's common duties to court, other side

Candor, fairness, decorum

18

Exception to duty of confidentiality

Where serious bodily injury or death may result; ABA - also serious economic loss

19

Trustee's duties

Care; loyalty; communication

20

Trustee's duty of care

Prudent investing with ordinary care; includes preservation of capital; judge by investment of assets as whole (no longer each asset)

21

Pretermitted

Child or spouse not mentioned in will or trust prior to birth or marriage; entitled to intestate share

22

Trustee's duty of loyalty

Extends to both principle and remainder beneficiaries

23

Taking out of Statute of Frauds

Unilateral acceptance; (also UCC)

24

Equitable defenses

Laches, Unjust enrichment, Unclean hands

25

Illusory promise

No real consideration - defeats contract

26

5th amendment and property

No taking w/o just compensation; physical and regulatory - no per se regulatory unless 100 percent

27

Penn Central balancing test

a) NATURE OF GOVT ACTION
b) OWNERS REASONABLE INVESTMENT-BACKED EXPECTATIONS
c) LEVEL OF DIMINUTION OF PRIVATE PROPERTY’S VALUE

RE Property taking

28

Denominator problem

Re taking - what portion of whole property affected - plays into determination of taking

29

Applying Bill of Rights to States

through due process clause of 14th amendment

30

Debt and permanent separation exception

Other spouse remains responsible for debts dealing with necessities of life