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Flashcards in deck 0 (718-768) Deck (52):
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PIERCING THE CORPORATE VEIL CAUSES - FRAUD - CORP WAS FORMED

  1. TO COMMIT FRAUD
  2. TO SHIELD SHAREHOLDERS FROM EXISTING OBLIGATIONS

3

PIERCING THE CORPORATE VEIL - ESTOPPEL

  1. DIRECTOR/OFFICER MADE A REPRESENTATION OF PERSONAL LIABILITY FOR CORPORATE DEBTS

4

PRIORITY OF DIVIDEND DISTRIBUTION

  1. PREFERRED WITH DIVIDEND PREFERENCE
  2. PREFERRED AND PARTICIPATING
  3. PREFERRED AND CUMULATIVE
  4. COMMON STOCK

5

RESTRICTIONS ON SELLING CONTROLLING PERCENTAGE OF CORPORATE SHARES - SHARES MUST NOT BE SOLD TO

  1. LOOTERS 
  2. THOSE WHOSE INTENT TO HARM CORP SHOULD BE KNOWN.  

6

REQUIREMENTS OF DISSENTING SHAREHOLDER TO BE COMPENSATED FOR SHARES

  1. NOTICE OBJECTION TO CHANGE AND INTENT TO DEMAND PAYMENT
  2. DELIVER WRITTEN NOTICE
  3. CANNOT VOTE IN FAVOR OF CHANGE
  4. DEMAND PAYMENT IN WRITING

7

TRANSMUTATION

  1. CHANGE THE PROPERTY CHARACTERIZATION OF AN ASSET

8

JUDICIAL TREATMENT OF PUTATIVE SPOUSE - JURISDICITONAL SPLIT

  1. WHERE ONLY ONE SPOUSE HAS A GOOD FAITH BELIEF THAT A VOID OR VOIDABLE MARRIAGE WAS VALID, SOME JURISDICTIONS WILL TREAT BOTH SPOUSES AS PUTATIVE SPOUSES (INCLUDES CA)
  2. SOME JURISDICTIONS WILL TREAT ONLY THE SPOUSE WITH THE GOOD FAITH BELIEF OF THE MARRIAGE'S VALIDITY AS THE PUTATIVE SPOUSE

9

DISTRIBUTION OF ASSETS AT DEATH - SPOUSES' RIGHTS TO QCP

  1. DECEDENT DOES NOT HAVE 1/2 INTEREST IN SURVIVING SPOUSES QCP
  2. SURVIVING SPOUSE DOES HAVE 1/2 INTEREST IN DECEDENT'S QCP

10

HOLGRAPHIC WILL

  1. SIGNATURE AND AT LEAST MATERIAL PROVISIONS IN TESTATOR'S HANDWRITING

11

FRAUD IN THE INDUCEMENT OCCURS WHEN AND CONSEQUENCE

  1. TESTATOR INFLUENCED TO INCLUDE PROVISIONS IN WILL BY MISREPRESENTATIONS
  2. ONLY FRAUDULENT PROVISIONS WILL BE FOUND INVALID

12

INTESTATE SUCCESSION - SEPARATE PROPERTY

  1. IF ONLY SPOUSE SURVIVING - SPOUSE TAKES ALL
  2. IF ONE CHILD, OR SIBLING, OR PARENT - SPOUSE TAKES HALF
  3. IF MULTIPLE CHILDREN OR SIBLINGS, SPOUSE TAKES 1/3

13

TRUSTEE NAMING REQUIREMENTS OF A TRUST

  1. TRUSTEE NEED NOT BE NAMED
  2. COURT WILL APPOINT TRUSTEE WHERE TRUST DOES NOT NAME ONE

14

DUTES OF TRUSTEE

  1. DUTY TO ACCOUNT AND INFORM
  2. DUTY OF DUE CARE
  3. DUTY OF IMPARTIALITY BETWEEN CLASSES OF BENEFICIARIES
  4. DUTY TO SEGREGATE AND EARMARK TRUST FUNDS
  5. DUTY OF LOYALTY
  6. DUTY TO PRUDENTLY INVEST TO MAKE PROPERTY PRODUCTIVE
  7. DUTY TO DEFEND
  8. DUTY TO ENFORCE

15

TRO REQUIRES A SHOWING OF

  1. IRREPERABLE HARM DURING WAITING PERIOD FOR INJUNCTION
  2. IF TRO NOT GRANTED

16

PRELIMINARY INJUNCTION REQUIRES A SHOWING OF

  1. NEED OF MAINTAINING STATUS QUO PRIOR TO TRIAL
  2. BALANCING OF HARDSHIPS IN FAVOR OF GRANTING INJUNCTION
  3. LIKELIHOOD OF SUCCESS OF MERITS ON UNDERLYING CLAIM

17

MUTUALITY OF PERFORMANCE REQUIREMENT FOR SPECIFIC PERFORMANCE AND COMMON LAW/MODERN DIFFERENCES

  1. AT COMMON LAW, COURTS REQUIRED MUTUALITY OF REMEDY
  2. MODERNLY, COURTS ONLY REQUIRE MUTUALITY OF PERFORMANCE

18

ADVERSE POSSESSION - ACTUAL AND EXCLUSIVE REQUIREMENTS

  1. ACTUAL - OCCUPIER MADE USE OF THE LAND IN THE SAME MANNER THAT A TYPICAL USER OF SUCH LAND WOULD
  2. EXCLUSIVE - OCCUPIER MAY NOT SHARE LAND WITH OWNER OR PUBLIC

19

MANIFESTATIONS OF GRANTOR'S INTENT TO MAKE DEED PRESENTLY EFFECTIVE

  1. RECORDING OF DEED
  2. GRANTOR GIVES GRANTEE DEED

20

LANDLORD/TENANT QUESTIONS - ORDER OF LANDLORD STRING

  1. RELATIONSHIP BETWEEN SUCCESSIVE LANDLORDS
  2. DEEDS OF TRANSFER
  3. PRIVITY BETWEEN CURRENT LANDLORD AND TENANT
  4. DUTIES OWED

21

TERMINATION OF EASEMENTS (END CRAMP)

  1. ESTOPPEL
  2. NECESSITY ENDED
  3. DESTRUCTION OF SERVIENT LAND
  4. CONDEMNATION BY EMINENT DOMAIN
  5. RELEASE IN WRITING BY EASEMENT HOLDER
  6. ABANDONMENT ACTION
  7. MERGER
  8. PRESCRIPTION

22

ABANDONMENT ACTION FOR TERMINATION OF EASEMENT

  1. EASEMENT HOLDER DEMONSTRATED INTENT TO NEVER USE THE EASEMENT AGAIN BY PHYSICAL ACTION.
  2. WORDS OR NON-USE BY EASEMENT HOLDER ARE INSUFFICIENT TO SUPPORT ABANDONMENT.

23

REAL COVENANT DEFINITION

  1. WRITTEN PROMISE CONCERNING USE OF PROPERTY

24

DEFENDANT'S RIGHT TO REMOVE TO FEDERAL COURTREQUIREMENTS

  1. SUBJECT MATTER JX
  2. IF DIVERSITY CASE, DEFENDANT CANT BE CITIZEN OF FORUM STATE
  3. REMOVABLE MUST BE TO FEDERAL COURT EMBRACING STATE COURT WHERE CASE ORIGINALLY FILED

25

FORUM NON CONVENIENS OCCURS WHERE COURT

  1. DISMISSES CASE OR 
  2. STAYS CASE
  3. BECAUSE FAR MORE APPROPRIATE FORUM
  4. IN ANOTHER STATE OR COUNTRY.

26

CAN DISCOVERY SEEK INADMISSIBLE INFORMATION?

  1. DISCOVERY CAN SEEK INADMISSIBLE INFORMATION
  2. SO LONG AS SUCH INFORMATION CAN REASONABLY LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE

27

CROSSCLAIMS

  1. OFFENSIVE CLAIM FILED IN FEDERAL COURT
  2. AGAINST THIRD PARTY ARISING FROM SAME TRANSACTION OR OCCURRENCE GIVING RISE TO PLAINTIFF'S CLAIM
  3. MAY BE FILED IN PLAINTIFF' CASE OR A SEPARATE MATTER

28

STATUATORY INTERPLEADER

  1. DIVERSITY ONLY REQUIRED BETWEEN CLAIMAINTS
  2. CLAIM MUST BE AT LEAST 500 DOLLARS
  3. DOESN'T HAVE JURISDICTIONAL LIMITATIONS

29

PREJUDICIAL MISCONDUCT GIVING RISE TO GROUNDS FOR MOTION FOR NEW TRIAL MAY BE COMMITTED BY

  1. PARTY TO CASE
  2. ATTORNEY
  3. JUROR
  4. THIRD PARTY

30

REMITTUR ELEMENTS

  1. JUDGE FINDS DAMAGE AWARD EXCESSIVE
  2. ORDERS NEW TRIAL FOR DEFENDANT UNLESS PLAINTIFF ACCEPTS REDUCED DAMAGE AWARD.

31

EXCEPTIONS TO THE FINAL JUDGMENT RULE - CA

  1. ANTI-SLAPP MOTIONS
  2. INJUNCTIONS
  3. EXTRAORDINARY WRIT

32

PRIMARY RIGHTS THEORY - CA 

  1. SEPARATE CAUSE OF ACTION FOR EACH OF PRIMARY RIGHT.

33

CONGRESSIONAL POWER - DELEGATION LIMITATIONS 

  1. CONGRESS MAY NOT DELEGATE ITS LEGISLATIVE POWERS

34

FREEDOM ASSOCIATION PREVENTS DENIAL OF 

  1. GOVERNMENT JOBS
  2. GOVERNMENT BENEFITS
  3. BASED ON ASSOCIATIONS

35

EQUAL PROTECTION CLAUSE - SUSPECT CLASSES

  1. RACE
  2. ALIENAGE
  3. NATIONAL ORIGIN

36

WARRANT EXCEPTIONS

  1. SILA
  2. PLAIN VIEW DOCTRINE
  3. AUTOMOBILE EXCEPTION
  4. EXIGENT CIRCUMSTANCES/HOT PURSUIT
  5. CONSENT

37

POLICE CUSTODY OCCURS WHEN

  1. WHEN A REASONABLE PERSON WOULD NOT FEEL FREE TO LEAVE.

38

LARCENY

  1. LARCENY IS SPECIFIC INTENT CRIME
  2. WHERE DEFENDANT TRESPASSORILY TAKES AND CARRIES AWAY THE POSSESSORY PROPERTY OF VICTIM
  3. WITH THE INTENT TO PERMENENTLY DEPRIVE THE VICTIM OF HIS POSSESSORY INTEREST IN THE SAME.

39

MODERN CODIFICATIONS OF MURDER - FIRST DEGREE MURDER IS TYPICALLY CODIFIED AS A HOMICIDE COMMITED BY 

  1. PREMEDITATION AND DELIBERATENESS
  2. OR ENUMERATED MEANS
  3. OR COMMISSION OF AN ENUMERATED FELONY. 

40

MIRROR IMAGE RULE

  1. UNDER THE COMMON LAW MIRROR IMAGE RULE, ACCEPTANCE MUST BE AN UNEQUIVOCAL ASSENT TO THE TERMS OF THE OFFER
  2. BY WORDS OR PERFORMANCE 

41

DEFENSE OF LACK OF CAPACITY MAY BE RAISED WHERE THE PLAINTIFF SUFFERED FROM ONE OF THE FOLLOWING CONDITIONS AT THE TIME OF ENTRY INTO THE CONTRACT

  1. HE WAS UNDERAGE
  2. OR ADJUDICATED LEGALLY INSANE

 

.

42

MINORITY VIEW - UNILATERAL MISTAKE WILL VOID THE CONTRACT WHERE 

  1. MISTAKE IS DISCOVERED BEFORE NON-MISTAKEN PARTY DETRIMENTALLY RELIES ON THE CONTRACT
  2. NOTICE OF THE MISTAKE IS PROMPTLY GIVEN
  3. REIMBURSEMENT MADE FOR EXPENSES CAUSED BY THE MISTAKE. 

43

ABA FEE GUIDELINES

  1. FEES CANNOT BE UNREASONABLE

44

DUTY OF COMPETENCE - REASONABLE SKILL ASSESSMENT FACTORS

  1. YEARS PRACTICING LAW
  2. AMT OF TIME BECOMING INFORMED
  3. EXPERTISE IN SUBJECT
  4. ABILITY TO ASSOCIATE WITH MORE EXPD COUNSEL

 

45

ABA REQUIREMENT WHERE ATTORNEY LEARNS OF CLIENT PERJURY

  1. TAKE REASONABLE REMEDIAL MEASURES
  2. WHERE CLIENT REFUSES TO DISCLOSE LIE, DISCLOSURE TO TRIBUNAL

46

COURTS WILL TYPICALLY NOT TRANSFER INTENT FOR 

  1. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

47

DUTY TO MITIGATE, INJURED TORT PLAINTIFF HAS DUTY TO 

  1. SEEK TREATMENT

48

MBE MISSED - UNDISPUTED EVIDENCE FROM DEFENDANT REBUTTING PLAITNIFF'S UNDISPUTED PRIMA FACIE EVIDENCE WILL 

  1. ENTITLE DEFENDANT TO VERDICT

49

MBE MISSED - PAST BAD ACTS MAY BE ADMITTED TO SHOW

  1. PLAN
  2. KNOWLEDGE
  3. IDENTITY
  4. ABSENCE OF MISTAKE
  5. LACK OF ACCIDENT

50

UNLESS OTHERWISE AGREED, LIMITED PARTNERS IN A LIMITED PARTNERSHIP DO NOT HAVE THESE

  1. FIDUCIARY DUTIES

51

MBE MISSED - FRE 408 - EVIDENCE OF CONDUCT OR STATEMENTS MADE DURING THE THE COURSE OF SETTLEMENT NEGOTIATIONS

  1. ARE INADMISSIBLE

52

CA - QUALIFIED ATTORNEY WORK PRODUCT

  1. ANY ATTORNEY WORK PRODUCT NOT ABSOLUTELY PRIVILEGED