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Flashcards in deck AB (1340-1390) Deck (53):
1

2

DUTY OF TRADING INSIDER

  1. DISCLOSE MATERIAL NON-PUBLIC INFO
  2. OR REFRAIN FROM TRADING

3

LIABILITY OF INCOMING PARTNERS

  1. NEW PARTNERS ARE NOT LIABLE FOR OLD DEBTS
  2. NEW PARTNER'S CAPITAL INVESTMENT CAN BE USED TO PAY FOR OLD DEBTS

4

SHAREHOLDER - CREATION OF A PROXY

  1. SHAREHOLDER ISSUES A SIGNED WRITING
  2.  TO HAVE ANOTHER VOTE ON HIS/HER BEHALF

5

SP EXPENDITURES MADE TO BENEFIT CP REAL PROPERTY - LUCAS

  1. PRE 1984
  2. OR AFTER DEATH
  3. PROPERTY HELD JOINTLY PRESUMED CP
  4. UNLESS AGREEMENT TO CONTRARY
  5. NO REIMBURSEMENT OF SP USED FOR CP

6

SOCKS GO ON YOUR 

FEET

7

SPECIAL CLASSIFICATIONS - BONUSES

  1. BASED ON WHEN EARNED
  2. EARNED AFTER SEPARATION - SP
  3. EARNED DURING MARRIAGE - CP

8

COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE'S SEPARATE PROPERTY - BUSINESS - 

PEREIRA FORMULA (PSP)

  1. START WITH ORIGINAL SP INVESTMENT
  2. MULTIPLY BY FAIR RATE OF RETURN (10 PERCENT)
  3. MULTIPLY THIS NUMBER BY THE NUMBER OF YEARS THE INVESTMENT HELD WHILE MARRIED
  4. ADD THIS NUMBER TO ORIGINAL SP INVESTMENT
  5. RESULT IS SEPARATE PROPERTY
  6. SUBTRACT RESULT FROM VALUE OF BUSINESS AT DISSOLUTION AND THIS RESULT IS COMMUNITY PROPERTY

9

COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE'S SEPARATE PROPERTY - BUSINESS - 

VAN CAMP FORMULA

  1. START SALARY FOR SPOUSE (REASONABLE MARKET RATE)
  2. MULTIPLY THIS BY YEARS BUSINESS OPERATED DURING MARRIAGE
  3. DEDUCT COMMUNITY EXPENSES PAID WITH BUSINESS FUNDS
  4. RESULT IS COMMUNITY PROPERTY
  5. REMAINDER IS MANAGING SPOUSE'S SEPARATE PROPERTY

10

COMMUNITY PROPERTY ESSAY STRUCTURE (ROTH'S)

  1. INTRO
  2. GENERAL RULES 
  3. ASSETS

11

ORDER OF GIFT ABATEMENT - FIRST ABATED TO LAST ABATED

  1. PROPERTY NOT DISPOSED OF IN WILL
  2. RESIDUARY GIFTS
  3. GENERAL GIFTS TO NONRELATIVES
  4. GENERAL GIFTS TO RELATIVES
  5. SPECIFIC GIFTS TO NONRELATIVES
  6. SPECIFIC GIFTS TO RELATIVES

12

DUTY OF DUE CARE OF TRUSTEE -ELEMENTS

  1. DUTY TO INVESTIGATE INVESTIMENTS
  2. DUTY TO DIVERSIFY INVESTMENTS
  3. DUTY TO ACT AS A REASONABLY PRUDENT PERSON WOULD IN HIS OWN AFFAIRS

13

REMAINDERMEN'S RIGHTS AND DUTIES

  1. RECEIVE PRINCIPAL FROM NET PROCEEDS OF AN ASSET'S SALE
  2. PAY PRINCIPAL PART OF LOANS 
  3. PAY FOR MAJOR REPAIRS

14

THE CAPITAL OF WYOMING IS

CHEYENNE

15

RELIANCE DAMAGES AWARD PLAINTIFF THE COST

  1. OF HIS PERFORMANCE

16

NOMINAL DAMAGES FOR CONTRACT BREACH

  1. DECLARATION THAT CONTRACT WAS BREACHED
  2. PLAINTIFF DID NOT SUFFER ACTUAL LOSS FROM BREACH

17

PUNITIVE DAMAGES

  1. NOT AWARDED FOR BREACH
  2. UNLESS RELATED TO AN INDEPENDENT TORT

18

ADVERSE POSSESSION - OPEN AND NOTORIOUS REQUIREMENTS - OCCUPATION MUST BE SUFFICIENT TO 

  1.  BE VISIBLE OR APPARENT
  2. PUT THE TRUE OWNER OF PROPERTY ON NOTICE OF TRESPASS

19

IMPLIED COVENANTS OF LAND SALE CONTRACT - SELLER PROMISES TO:

  1. PROVIDE MARKETABLE TITLE AT THE END OF CLOSING
  2. NOT MAKE ANY FALSE STATEMENT OF MATERIAL FACT REGARDING TITLE

 

 

20

GLOVES GO ON 

HANDS

21

TYPES OF NOTICE FOR RECORDING ACT STATUTES

  1. ACTUAL 
  2. CONSTRUCTIVE/RECORD
  3. INQUIRY

22

REMAND TIMING REQUIREMENTS

  1. PLAINTIFF MUST FILE W/IN 30 DAYS OF NOTICE OF REMOVAL FOR A DEFECT BESIDE NO SMJ
  2. FOR SMJ DEFECT, REMAND IS OK AT ANY TIME

23

VENUE IS PROPER WHERE CLAIM AROSE - CALIFORNIA

  1. COUNTY WHERE CLAIM AROSE
  2. COUNTY WHERE LAND IN DISPUTE IS LOCATED

24

PROPER VENUE BASED ON WHERE DEFENDANT RESIDES - CALIFORNIA

  1. ANY COUNTY WHERE DEFENDANT RESIDES AT THE TIME OF FILING
  2. IF NO DEFENDANT RESIDES IN CALIFORNIA, ANY COUNTY IS OK.

25

CALIFORNIA ANTI-SLAPP BURDEN OF PROOF REQUIREMENTS

  1. BURDEN OF PROOF SHIFTS TO PLAINTIFF
  2. WHO MUST PROVE THE PROVE THE PROBABLITY OF WINNING SPEECH CHILLING LAWSUIT CASE ON ON ITS THE MERITS

26

FEDERAL CLASS ACTIONS MUST BE ONE OF THESE THREE TYPES

  1. QUESTIONS OF LAW COMMON TO CLASS PREDOMINATE OVER QUESTIONS OF LAW AFFECTING INDIVIDUALS
  2. PREJUDICE MAY OCCUR WITH INCONSISTENT RESULTS OR WHEN AVAILABLE FUNDS ARE DEPLETED BY INDIVIDUALS  
  3. INJUNCTIVE RELIEF IS SOUGHT

27

CALIFORNIA CLASS ACTION ALLOWED WHERE:

  1. THERE IS AN ASCERTAINABLE CLASS
  2. THERE IS A WELL DEFINED COMMUNITY OF INTEREST AMONG CLASS MEMBERS.

28

CONGRESSIONAL POWER - RIGHT TO CONDITION FUNDING LIMITS

  1. MUST NOT BE EXCESSIVELY COERCIVE
  2. CONDITIONS MUST NOT BE AMBIGUOUS

29

CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATE IS MARKET PARTICIPANT  - STATE PREFERENCE TO CITIZENS MAY BE SHOWN IN

  1. BUYING OR SELLING STATE MADE GOODS
  2. GRANTING SUBSIDIES TO STATE CITIZENS
  3. HIRING STATE CITIZEN LABOR

30

EQUAL PROTECT CLAUSE - NON SUSPECT CLASSIFICATIONS

  1. ECONOMIC WELFARE
  2. AGE
  3. CRIMINAL BACKGROUND
  4. EVERYTHING ELSE

31

EIGHTH AMENDMENT - CRUEL AND UNUSUAL PUNISHMENT AND CAPITAL PUNISHMENT - CAN'T PUT TO DEATH SOMEONE

  1. WHO AT LEAST ONE JUROR FINDS TO BE MENTALLY RETARDED
  2. WHO IS A MINOR AT THE TIME THE CRIME IS COMMITTED.

32

ADEQUATE PROVOCATION

  1. ADQUATE PROVOCATION IS PROVOCATION SUFFICIENT TO RAISE A REASONABLE PERSON TO MURDEROUS RAGE
  2. THAT DID BRING THE DEFENDANT TO A MURDEROUS RAGE
  3. THAT WAS THE ACTUAL CAUSE OF THE HOMICIDE. 

33

ANCIENT DOCUMENTS HEARSAY EXCEPTION

  1. WHERE DOCUMENTS ARE TWENTY YEARS OLD OR OLDER.

34

PUBLIC RECORDS EXCEPTION APPLY TO - OAF

  1. OBSERVATIONS OF PUBLIC OFFICIAL
  2. ACTIVITIES OF OFFICE OR AGENCY
  3. FACTUAL FINDINGS FROM OFFICIAL INVESTIGATION

35

MBE - PROBABLE CAUSE FOR SEARCH WARRANT AND STALE INFORMATION

  1. WHERE INFORMATION IS STALE, 
  2. THE LIKELIHOOD OF SOUGHT AFTER ITEMS BEING ON PREMISES IS LOWER
  3. THUS DIMINISHING PROBABLE CAUSE

36

MATERIAL CONDITION

  1. A CONDITION THAT MUST BE SATISFIED BEFORE A PERFORMANCE DUTY RIPENS
  2. FAILURE OF WHICH WILL GENERALLY DENY ONE OR ALL OF THE PARTIES' EXPECTED BENEFIT OF THE BARGAIN
  3. EXCUSING THEM FROM PERFORMANCE. 

37

DUTY OF DILIGENCE/ZEALOUS REPRESENTATION

  1. ADVOCATE CLIENT'S CASE TO COMPLETION SO IT DOES NOT LANGUISH IN COURT
  2. THOROUGHLY INVESTIGATE FACTS
  3. LOCATE RELEVANT WITNESSES WHO SUPPORT CLIENT'S CASE

38

WHEN AN ATTORNEY-CLIENT RELATIONSHIP IS FORMED

  1. WHEN A POTENTIAL CLIENT APPROACHES A LAWYER ABOUT POSSIBLE REPRESENTATION
  2. EVEN WHEN NEVER RETAINS LAWYER

39

SLANDER PER SE WHERE DEFENDANT MAKES AN ORAL, TRANSITORY FALSE STATEMENT ABOUT PLAINTIFF'S

  1. CRIMINAL BEHAVIOR
  2. UNCHASTE BEHAVIOR
  3. IMPROPER BUSINESS PRACTICES
  4. INFECTION BY LOATHSOME DISEASE

40

DEFENDANT HAS VICARIOUS LIABILITY FOR THE TORTS OF INDEPENDENT CONTRACTORS ARISES WHERE

TORTS WERE BREACH OF AN AFFIRMATIVE NON-DELEGABLE DUTY

CREATED BY STATUTE OR RELATIONSHIP

 

41

LIABILITY FOR FALSE LIGHT TORT ARISES WHERE DEFENDANT

  1. PUBLISHES OFFENSIVE FALSE INFORMATION ABOUT PLAINTIFF
  2. TO PUBLIC AT LARGE
  3. CAUSING PLAINTIFF HUMILIATION OR EMBARASSMENT

42

AN INTENTIONAL ACT IS AN ACT DONE WITH 

  1. REASONABLE CERTAINTY IT WILL CAUSE A RESULT
  2. OR DONE PURPOSELY FOR CAUSING A RESULT 

43

MBE MISSED - EXPERT TESTIMONY IS NECESSARY TO ASSIST THE TRIER OF FACT WHERE COURT DETERMINES

  1. SCIENTIFIC
  2. TECHNICAL
  3. OR OTHER SPECIALIZED KNOWLEDGE IS NEEEDED

44

LIABLITY  IS CREATED BY AGENT'S USE OF ACTUAL IMPLIED AUTHORITY WHEN 

  1. THIRD PARTY REASONABLY RELIES ON IMPLICATION

45

MBE MISSED - PRODUCT LIABILTY - A MANUFACTURER IS OBLIGATED TO TAKE ALL OF THESE STEPS TO MAKE PRODUCT SAFE

  1. REASONABLE
  2. COST EFFECTIVE 

46

NONWAIVABLE RUPA PROVISIONS - PARTNERSHIP AGREEMENT'S CAN'T

  1. WAIVE FIDCUIARY DUTIES
  2. RESTRICT THIRD PARTY RIGHTS
  3. AFFECT COURT'S POWER OVER PARTNERSHIP
  4. AFFECT LAW
  5. PREVENT A PARTNER FROM DISASSOCIATING (WITH NOTICE)

 

47

WHAT IS THE DIFFERENCE BETWEEN FALSE PRETENSE CRIME AND LARCENY BY TRICK?

  1. LARCENY BY TRICK IS TO OBTAIN POSSESSION
  2. FALSE PRETENSES CRIME IS TO OBTAIN TITLE.

48

MBE MISSED - STATUTE OF FRAUDS REQUIREMENT IS SATISFIED WHERE A MEMORANDUM

  1. IDENTIFIES THE SUBJECT MATTER
  2. INDICATES A CONTRACT HAS BEEN MADE
  3. STATES THE ESSENTIAL TERMS OF THE CONTRACT
  4. SIGNED BY OR ON BEHALF OF PARTY TO BE CHARGED

49

DRUG SMELLING DOGS ARE OK AND NOT VIOLATIVE OF FOURTH AMENDMENT WHERE USED IN 

  1. TRAFFIC STOPS

50

A WITNESS IS COMPETENT TO TESTIFY WHERE SHE HAS

  1. PERSONAL KNOWLEDGE
  2. PRESENT RECOLLECTION
  3. THE ABILITY TO COMMUNICATE
  4. UNDERSTANDING OF HER LEGAL DUTY TO TELL THE TRUTY

51

OBJECTION - CALLS FOR A LEGAL CONCLUSION IS USED WHERE THE WITNESS IS ASKED

  1. TO STATE AN OPINION ABOUT ONE OF THE LEGAL MATTERS TO BE DECIDED IN THE CASE

52

OBJECTION - CALLS FOR A NARRTIVE IS USED WHERE THE WITNESS IS ASKED A QUESTION  

  1. ON DIRECT EXAMATION
  2. INVITING A NARRATIVE RESPONSE

53

EXTRAORDINARY WRIT ISSUED BY APPELLATE COURT IS AN ORDER USED TO MAKE AVAILABLE 

  1. EXTRAORDINARY POWERS
  2. OR REMEDIES  
  3. TO THE LOWER COURT