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Flashcards in deck AC (1391-1441) Deck (52):
1

2

CATEGORIES OF PARTIES WHO

VIOLATE 10b-5 (INSIDE TRADING)

  1. DIRECT TRADING  INSIDER
  2. TIPPER
  3. TIPPEES
  4. MISSAPPROPRIATORS

3

PRIORITY OF DISTRIBUTION OF LIMITED PARTNERSHIP ASSETS UPON DISSOLUTION

  1. CREDITORS
  2. DISTRIBUTIONS OWED
  3. CAPITAL CONTRIBUTIONS
  4. SHARES ALLOCATED PARTNERS AS PER PARTNERSHIP AGREEMENT

4

CLASSIFICATIONS OF SEPARATE PROPERTY

  1. PROPERTY OWNED BY SPOUSE BEFORE MARRIAGE
  2. GIFT
  3. BEQUEST
  4. DEVISE
  5. DESCENT
  6. RENTS, ISSUES AND PROFITS OBTAINED FROM SP
  7. PROPERTY ACQUIRED AFTER PERMANENT SEPARATION

5

REVOCATION OF CODICIL CONSEQUENCE FOR WILL AND REVOCATION OF WILL CONSEQUENCE FOR CODICIL

  1. REVOCATION OF CODICIL REVOKES ONLY THE CODICIL AND THE WILL REMAINS ACTIVE
  2. REVOCATION OF WILL REVOKES WILL AND CODICIL

6

WHERE REVOCATION OF SUBSEQUENT WILL OCCURED BY PHYSICAL ACT - INTENT TO REVIVE PRIOR WILL MAY BE SHOWN BY THIS TYPE OF EVIDENCE

  1. EXTRINSIC EVIDENCE  

7

COURT'S HAS POWER TO TERMINATE TRUST WHERE THERE IS

  1. FRUSTRATION OF PURPOSE
  2. IMPOSSIBLITY
  3. ILLEGALITY
  4. CHANGED CIRCUMSTANCES

8

LAPSE EFFECT ON CLASS GIFT

  1. AT COMMON LAW, LAPSED SHARE WOULD BE DIVIDED AMONG REMAINING BENEFICIARIES

9

SPECIAL DAMAGES

  1. UNIQUE TO THE SPECIFIC PLAINTIFF
  2. ECONOMIC 

10

PRIORITY OF PLAINTIFF IN TAKING PROPERTY THROUGH CONSTRUCTIVE TRUST OR EQUITABLE LIEN

  1. BFP W/OUT NOTICE TAKES OVER PLAINTIFF
  2. PLAINTIFF TAKES OVER UNSECURED CREDITORS

11

QUASI-CONTRACT OR IMPLIED-IN-LAW-CONTRACT

  1. NO LEGAL CONTRACT EXISTED 
  2. DEFENDANT DERIVED A BENEFIT FROM PLAINTIFF
  3. JUSTICE DEMANDS DEFENDANT COMPENSATE PLAINTIFF FOR BENEFIT

12

RESULT OF CONTRACT REFORMATION

  1. COURT REWRITES CONTRACT
  2. TO REFLECT PARTIES' INTENT
  3. BECAUSE THE ORIGINAL CONTRACT DID NOT DO SO.

13

DEFENSE TO SPECIFIC PERFORMANCE -

DISPROPORTIONATE HARDSHIP - COURT WILL NOT ORDER SPECIFIC PERFORMANCE WHERE 

  1. HARDSHIP CAUSED TO DEFENDANT AND PUBLIC 
  2. GREATLY OUTWEIGHS HARDSHIP TO PLAINTIFF
  3. IF SPECIFIC PERFORMANCE NOT GRANTED

14

REMEDIES FOR AMELIORATIVE WASTE CAUSED BY LIFE TENANT

  1. NO DAMAGES BECAUSE NO DIMINUTION IN VALUE
  2. INJUNCTION MAY BE GRANTED

15

"LIFE IN BEING"

  1. AN ASCERTAINABLE INDIVUAL
  2. MADE SPECIFICALLY IDENTIFIABLE BY LANGUAGE OF CONDITION

16

EVALUATING WHETHER OR NOT ITEM IS A FIXTURE

  1. ITEM IS FIRMLY EMBEDDED IN PREMISES
  2. ITEM IS PARTICULARLY ADAPTED OR FITTED TO THE REAL ESTATE
  3. REMOVAL WOULD DESTROY CHATTEL OR HARM REAL ESTATE

17

METHODS OF TERMINATING OR MODIFYING A REAL COVENANT

  1. AGREEMENT OF ALL PARTIES MADE IN A SUFFICIENT WRITING.
  2. ABANDOMENT ACTION
  3. CHANGED CONDITIONS

18

MINIMUM CONTACTS - SPECIFIC JURISDICTION

  1. CLAIM IS DIRECTLY RELATED TO DEFENDANT'S CONTACT WITH THE FORUM STATE

19

FEDERAL TRANSFER OF VENUE STANDARD

  1. COURT LOOKS TO INTERESTS OF JUSTICE
  2. PUBLIC FACTORS - BURDEN TO COMMUNITY, CHOICE OF LAW
  3. PRIVATE FACTORS - CONVENIENCE, LOCATION OF EVIDENCE AND WITNESSES

20

CALIFORNIA - FORUM NON CONVENIENS STANDARD - PRIVATE AND PUBLIC FACTORS

  1. BURDEN ON COMMUNITY
  2. APPLICABLE LAWS
  3. CONVENIENCE TO PARTIES
  4. LOCATION OF WITNESSES AND EVIDENCE.

21

FEDERAL 12(B)(6) GROUNDS FOR DISMISSAL

  1. LACK OF SMJ
  2. LACK OF PJ
  3. LACK OF PROPER VENUE
  4. INSUFFICIENT PROCESS
  5. INSUFFICIENT SERVICE OF PROCESS
  6. FAILURE TO STATE A CLAIM
  7. FAILURE TO JOIN AN INDISPENSIBLE PARTY

22

CLASS ACTION FAIRNESS ACT ALLOWS FEDERAL COURT TO HEAR A CLASS ACTION CASE WHERE ALL OF OF THESE REQUIREMENTS ARE MET: 

  1. ANY CLASS MEMBER IS DIVERSE FROM ANY DEFENDANT.
  2. THE CLASS CLAIMS AGGREGATE TO EXCEED FIVE MILLION DOLLARS
  3. THERE ARE AT LEAST 100 CLASS MEMBERS

23

RULE 26 PRE-TRIAL DISCLOSURE REQUIREMENTS

  1. WITNESS LIST
  2. EXHIBIT LIST

24

CALIFORNIA SPECIAL INTERROGATORY LIMITS

  1. 35 SPECIAL INTERROGATORIES MAY BE ASKED WITHOUT COURT LEAVE

25

RES JUDICATA/CLAIM PRECLUSION DEFINITION

  1. BARS RELITIGATION OF ALREADY LITIGATED CLAIM

26

ACTIONS (LAWSUITS NOT BARRED BY THE 11TH AMENDMENT)

  1. STATE V. STATE
  2. US V. STATE
  3. INJUNCTIONS AGAINST STATE OFFICIALS
  4. SUITS AGAINST CITIES

27

EQUAL PROTECTION CLAUSE - INTERMEDIATE SCRUTINY REVIEW

  1. REGULATION FURTHERS AN IMPORTANT GOVERNMENT INTEREST
  2. BY MEANS THAT ARE SUBSTANTIALLY RELATED TO THAT INTEREST

28

SILA SEARCH - VEHICLE - POLICE MAY SEARCH

  1. CAR
  2. ALL OF THE COMPARTMENTS

29

FIFTH AMENDMENT SELF-INCRIMINATION PROTECTION

  1. NO COMPULSION TO GIVE COMMUNICATIVE EVIDENCE OR TESTIMONY
  2. EXPOSING ONE'S SELF TO CRIMINAL LIABILITY

30

CONSTRUCTIVE BREAKING FOR BURGLARY OCCURS WHEN ENTRY IS ACCOMPLISHED BY 

  1. THREAT OF VIOLENCE OR
  2. AID OF CO-CONSPIRATOR OR
  3. TRICKERY 

31

DEFENSE OF OTHERS - THE DEFENDANT MAY RAISE THE DEFENSE OF OTHERS DEFENSE WHERE HE  

  1. USED FORCE AS REASONABLY NECESSARY
  2. TO DEFEND OTHERS FROM AN AGGRESSOR. 

32

DEFENSE OF INFANCY - DEFENDANT MAY RAISE THE DEFENSE OF INFANCY WHERE DEFENDANT WAS 

  1. UNDER SEVEN YEARS OLD AND CONCLUSIVELY PRESUMED TO BE UNABLE TO FORM CRIMINAL INTENT
  2. BETWEEN AGE OF SEVEN AND FOURTEEN AT TIME OF ALLEGED CRIME AND THEREFORE REBUTTABLY PRESUMED TO BE INCAPABLE OF FORMING CRIMINAL INTENT. 

33

MITIGATING FACTORS FOR HOMICDE

  1. MITIGATING FACTORS ARE CONSIDERATION NOT AMOUNTING TO COMPLETE DEFENSES
  2. WEIGHED BY TEH JURY WHEN DETERMINING DEGREE OR TYPE OF HOMICIDE FOUND.

34

MAYHEM

  1. MAYHEM IS THE CRIME OF MALICIOUSLY DISMEMBERING OR DISFIGURING VICTIM. 

35

ACCOMPICE LIABILITY - THE PRINCIPAL IS THE PARTY WHO 

  1. ACTUALLY COMMITS THE CRIME
  2. AND IS PRESENT AT THE CRIME
  3. OR HAS AN INNOCENT PARTY COMMIT THE CRIME FOR HIM. 

36

MBE - PRIOR INCONSISENT STATEMENT - MEANING OF PRIOR WHEN  INCONSISTENT STATEMENT USED TO IMPEACH

  1. PRIOR MEANS INCONSISTENT STATEMENT OCCURRED BEFORE THE COURT REPETITION OF THE DECLARANTS OUT OF COURT STATEMENT OR CONDUCT.

37

WHEN IS TERMINATION OF REPRESENTATION NECESSARY?

  1. WHERE WILL CAUSE VIOLATION OF RULES OR LAW
  2. FRIVILOUS LITIGATION
  3. PHYSICAL OR MENTAL CONDITION MATERIALLY IMPAIRS REPRESENTATION
  4. LAWYER IS DISCHARGED

 

38

SOLICITATION - ATTORNEYS  MAY SEND 

  1. LETTERS
  2. CARDS
  3. ANNOUNCEMENTS 
  4. TO PEOPLE IN HIS AREA OF PRACTICE

39

CA REQUIREMENT WHERE ADVERTISEMENT LISTS CASE RESULTS

  1.  MUST STATE THAT RESULTS ARE NOT TYPICAL
  2. OR PREDICTION OF FUTURE RESULTS

40

AN ATTORNEY MAY NOT MAKE EXTRAJUDICIAL STATEMENTS WHERE

  1. THEY ARE LIKELY TO MATERIALLY PREJUDICE THE CASE

41

PAYMENTS TO WITNESSES GUIDELINES

  1. REIMBURSEMENT OF REASONABLE TRANSPORTATION, LOST WAGES AND ACCOMODATION OK
  2. REIMBURSEMENT CAN'T BE CONTINGENT ON HELPFULNESS OF TESTIMONY
  3. NO CONTINGENT PAYMENT OF AWARD  
  4. EXPERT FEES OK

 

42

LIABILITY FOR CONVERSION ARISES WHERE DEFENDANT

  1. INTENTIONALLY AND SUBSTANTIALLY INTERFERED WITH PLAINTIFF'S CHATTEL 
  2. CAUSING DISPOSSESSION

 

43

LIABILITY ARISES UNDER RESPONDEAT SUPERIOR OUTSIDE OF SCOPE OF EMPLOYMENT WHERE

  1. JOB ENTAILS USE OF FORCE
  2. EMPLOYER AUTHORIZE CONDUCT
  3. CONDUCT MOTIVATED BY DESIRE TO BENEFIT EMPLOYER 

44

MBE MISSED - UNDER RETREAT DOCTRINE, DEFENDANT IS NOT UNDER THE OBLIGATION TO RETREAT WHERE DEFENDANT IS NOT 

  1. THE AGRESSOR
  2. USING EXCESSIVE OR DEADLY FORCE 

45

MBE MISSED - AN OUT OF COURT STATEMENT OFFERED FOR PROOF OF THE MATTER ASSERTED (HEARSAY) MAY COME IN UNDER THIS MANY EXCEPTIONS

  1. ONE TO HOWEVER MANY EXCEPTIONS APPLY

46

AGENT'S LINGERING APPARENT AUTHORITY TO TRANSACT WITH THIRD PARTIES PREVIOUSLY TRANSACTED WITH TERMINATES WHEN

  1. THIRD PARTIES RECEIVE ACTUAL NOTICE OF AGENCY TERMINATION
  2. OR CONSTRUCTIVE NOTICE OF AGENCY TERMINATION

47

MBE MISSED - TO BE CONSTITUTIONAL, A STATE LAW MUST 

  1. BE ENACTED WITHIN THE STATE'S POWERS
  2. NOT VIOLATE ANY CITIZEN'S CONSTITUTIONAL RIGHTS
  3. NOT IMPROPERLY BURDEN INTERSTATE COMMERCE

48

MBE MISSED - FOR DOCTOR PATIENT PRIVILEGE - THE PRIVILEGE MUST BE ASSERTED BY THE 

  1. PATIENT.

49

AN AWARD OF LIQUIDATED DAMAGES IS APPROPRIATE WHERE

  1. DAMAGES WERE DIFFICULT TO CALCULATE 
  2. STIPULATED AMOUNT BEARS A REASONABLE RELATIONSHIP TO THE ANTICIPATED LOSS

50

POUR OVER WILL VALUE LIMIT IN CALIFORNIA 

  1. 100,000

51

RAPE SHIELD - CEC- DEFENDANT MAY ONLY USE INSTANCES OF PLAINTIFF'S FORMER SEXUAL CONDUCT TO PROVE

  1. PRIOR INSTANCES OF SEXUAL CONTACT WITH DEFENDANT

52

DEFENSE OF DWELLING - CALIFORNIA - DEADLY FORCE MAY BE USED WHERE 

  1. UNLAWFUL FORCED ENTRY INTO DWELLING
  2. REASONABLE BELIEF OF IMMINENT THREAT OF INJURY OF DEATH OR INJURY TO SELF OR FAMILY