deck AD (1442-1492) Flashcards Preview

CA Bar Outlined and Numbered (with prompts) > deck AD (1442-1492) > Flashcards

Flashcards in deck AD (1442-1492) Deck (52):
1

2

DE JURE CORPORATION (MA PAIN)

  1. MEETS STATUATORY REQUIREMENTS INCLUDING SOS FILING THAT DETAILS
  2. AUTHORIZED NUMBER OF SHARES
  3. PURPOSE OF CORP
  4. AGENT'S NAME AND ADDRESS
  5. INCORPORATOR'S NAME AND ADDRESS
  6. NAME OF CORPORATION

3

REMEDY THEORIES TO USE WHEN SEEKING DAMAGES FOR REASONABLE RELIANCE ON REEPRESENTATION OF PRE-INCORPORATION PROMOTER 

  1. QUASI-CONTRACT
  2. PROMOTER'S IMPLIED ADOPTION OF CONTRACT

4

OFFICERS AND DIRECTORS - UNDER THE DUTY OF DISCLOSURE, OFFICERS AND DIRECTORS MUST

  1. DISCLOSE ALL MATERIAL INFORMATION
  2. RELEVANT TO CORPORATION
  3. TO THE BOARD OF DIRECTORS

5

CAPACITY REQUIREMENTS OF PRINCIPAL

  1. CAPACITY TO CONTRACT
  2. NO MINORS

6

DIFFERENCE BETWEEN AGENT AND AN INDEPENDENT CONTRACTOR

  1. PRINCIPAL CONTROLS METHOD AND MANNER OF AGENT'S PERFORMANCE
  2. PRINCIPAL CANNOT CONTROL METHOD AND MANNER OF INDEPENDENT CONTRACTOR'S PERFORMANCE

7

FIDUCIARY DUTIES OF LLC MEMBERS

WHICH DUTIES AND TO WHOM OWED

  1. DUTY OF CARE
  2. DUTY OF LOYALTY
  3. DUTIES OWED TO LLC AND LLC MEMBERS

8

WHO HAS BURDEN OF PROOF WHERE SPOUSE CLAIMS SEPARATE PROPERTY IN COMMINGLED FUNDS

  1.  SPOUSE ASSERTING SP

9

ELEMENTS TRIGGERING

MARRIED WOMAN'S SPECIAL PRESUMPTION

 

  1. PROPERTY TAKEN IN WIFE'S NAME ALONE
  2. PRE-1975
  3. REBUTTABLY PRESUMED TO BE HER SEPARATE PROPERTY

10

PREMARITAL AGREEMENTS DEEMED INVOLUNTARY UNLESS

  1. SPOUSE TO BE HAD CAPACITY
  2. NO DURESS
  3. NO FRAUD
  4. NO UNDUE INFLUENCE
  5. PRESENTED WITH AGREEMENT AT LEAST SEVEN DAYS BEFORE SIGNING
  6. ADVISED TO SEEK INDEPENDENT COUNSEL
  7. WAIVED INDEPENDENT COUNSEL IN SEPARATE WRITING

11

PANTS GO ON 

LEGS

12

COMMUNITY PROPERTY CONTRIBUTIONS

SPOUSE A USES CP TO IMPROVE TOWARD SPOUSE B'S SEPARATE PROPERTY -

OTHER PROPERTY (MINORITY VS. MAJORITY RULES)

  1. MAJORITY RULE - PRESUMED GIFT UNLESS WRITTEN AGREEMENT TO REIMBURSE
  2. MINORITY RULE - GIFT NOT PRESUMED AND REIMBURSEMENT GRANTED

13

DEPENDANT RELATIVE REVOCATION NOT APPLICABLE WHERE SUBSEQUENT WILL IS  INVALID DUE TO 

  1. INEFFECTIVE EXECUTION
  2. FRAUD
  3. DURESS
  4. INFLUENCE

14

ADEMPTION OF SPECIFIC GIFTS

  1. SPECIFIC GIFTS ADEEM BY EXTINCTION
  2. COURT'S LOOK TO TESTATOR'S INTENT TO SEE WHAT BENEFICIARY ESTATES

15

EXONERATION - ABATEMENT OF SPECIFIC GIFT TO EXONERATE AN ENCUMBRANCE ON ANOTHER SPECIFIC GIFT

  1. NOT ALLOWED 

16

DEGREE OF RELATION'S EFFECT ON ANTILAPSE

  1. ISSUE TAKES PER CAPITA WHERE SAME DEGREE OF RELATION
  2. WHERE MORE REMOTELY RELATED, PER CAPITA W/REPRESENTATION

17

RESULTING TRUST TRIGGERS

  1. TRUST PURPOSE SATISFIED OR ENDS
  2. CY PRES DOCTRINE CAN'T FIX FAILED CHARITABLE TRUST
  3. ILLEGAL TRUST
  4. EXCESS CORPUS IN TRUST

18

NECKLACES 

  1. GO ON YOUR NECK

19

LEGAL RESTITUTION IS AWARDED WHERE

  1. DEFENDANT WAS UNJUSTLY ENRICHED
  2. JUSTICE DEMANDS PLAINTIFF IS COMPENSATED FOR DEFENDANT'S ENRICHMENT
  3. OR PLAINTIFF WANTS HIS PROPERTY BACK

20

MUTUALITY OF PERFORMANCE ELEMENTS

  1. PLAINTIFF HAS ALREADY PERFORMED
  2. OR COURT HAS POWER TO SECURE PERFORMANCE BY PLAINTIFF

21

ADVERSE POSSESSION - HOSTILE REQUIREMENT IS FULLFILLED WHERE OCCUPATION 

  1. OCCURS WITHOUT OWNER'S PERMISSION

22

FORECLOSURE DEFINITION

  1. SALE OF MORTGAGED LAND BY MORTGAGOR  TO SATISFY MORTGAGE WHEN IT IS IN DEFAULT

23

EASEMENT DEFINITION

  1. A NON-POSSESSORY INTEREST IN ANOTHER'S LAND
  2. PERMITTING ITS HOLDER TO MAKE LIMITED USE OF THE LAND
  3. FOR A SPECIFIC PURPOSE.

24

END OF EASEMENT - LIMITATION ON DESTRUCTION OF SERVIENT LAND ENDING EASEMENT

  1. WHERE DESTRUCTION WASN'T WILLFUL.

25

EQUITABLE SERVITUDES - REQUIREMENTS FOR BENEFITS TO RUN WITH THE LAND

  1. INTENT
  2. TOUCH AND CONCERN

26

CITIZENSHIP FOR UNINCORPORATED BUSINESSES

  1. COURT LOOKS AT CITIZENSHIP OF ALL PARTNERS

27

CONGRESSIONAL POWER - THESE FACETS OF INTERSTATE COMMERCE WILL TRIGGER COMMERCE CLAUSE

  1. CHANNELS OF INTERSTATE COMMERCE
  2. INSTRUMENTALITIES OF INTERSTATE COMMERCE
  3. PERSONS AND THINGS MOVING INTERSTATE COMMERCE
  4. ACTIVITIES INVOLVED IN INTERSTATE COMMERCE

28

CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATES ARE FREE TO REGULATE INTERSTATE COMMERCE WHERE THEY DO NOT

  1. DIRECTLY DISCRIMINATE AGAINST OUT OF STATE COMMERCE
  2. UNDULY BURDEN INTERSTATE COMMERCE

29

FREE EXERCISE CLAUSE - LAWS OF GENERAL APPLICABILITY ALLOWED WHERE

  1. WHERE NOT INTENDED TO BURDEN RELIGIOUS BELIEFS
  2. WHERE ADVANCES IMPORTANT PUBLIC INTERESTS

30

EQUAL PROTECTION CLAUSE - SUSPECT CLASSES RECEIVE THIS STANDARD OF REVIEW

  1. STRICT SCRUTINY

31

SILA SEARCH - CAUSE NEEDED FOR PROTECTIVE SWEEP

  1. REASONABLE BELIEF
  2. BASED ON SPECIFIC AND ARTICULABLE FACTS 
  3. OTHER DANGEROUS INDIVIDUALS ARE PRESENT.

32

WHEN SENTENCING TO DEATH, JURY MUST CONSIDER

  1. MITIGATING CIRCUMSTANCES

33

EXCLUSIONARY RULE - PURGED TAINT EXCEPTION WILL APPLY WHERE THERE ARE 

  1. TOO MANY INTERVENING FACTORS
  2. BETWEEN ORIGINAL ILLEGALITY
  3. AND THE FINAL DISCOVERY OF EVIDENCE
  4. MAKING LINK BETWEEN THE ORIGINAL ILLEGALITY AND THE DISCOVERY OF EVIDENCE TOO TENUOUS.

34

COMMON LAW BURGLARY ELEMENTS

  1. A SPECIFIC INTENT CRIME
  2. OF BREAKING AND ENTERING THE DWELLING STRUCTURE OF ANOTHER
  3. AT NIGHT
  4. WITH THE INTENT TO COMMIT A FELONY 

35

DEFENDANTS FOR THE CRIME OF RECEIVING STOLEN PROPERTY ARE THE DEFENDANTS

  1. RECEIVING PROPERTY KNOWN TO BE STOLEN
  2. PROVIDING PROPERTY KNOWN TO BE STOLEN 

36

DEFENSE OF PROPERTY -DEFENDANT IS PRIVILEGED TO USE

  1. REASONABLE NONDEADLY FORCE
  2. TO PROTECT HIS
  3. OR OTHER'S PROPERTY FROM HARM. 

37

DEFENSE OF DWELLING - COMMON LAW - DEADLY FORCE COULD BE USED WHERE

  1. REASONABLY BELIEVED NECESSARY TO PREVENT A FORCEABLE INTRUSION
  2. WARNING HAD BEEN GIVEN TO INTRUDER NOT TO ENTER.

38

PRESENT SENSE IMPRESSION EXCEPTION

  1. STATEMENT MADE DESCRIBING OR EXPLAINING EVENT OR CONDITION
  2. MADE WHILE DECLARANT WAS PERCEIVING EVENT OR CONDITION, OR IMMEDIATELY THEREAFTER. 

39

MBE - SEARCH WARRANTS REQUIREMENT FOR  BUSINESSES

  1. ORDINARY BUSINESSES ARE NOT SUBJECT TO WARRANTLESS SEARCHES
  2. HEAVILY REGULATED INDUSTRIES CAN BE INSPECTED WITHOUT A WARRANT

40

UCC - RESULT OF VARYING TERMS WHEN BOTH PARTIES NOT MERCHANTS

  1. VARYING TERMS OF ACCEPTANCE WILL NOT BE INCLUDED IN THE CONTRACT.

41

ACCEPTANCE UNDER THE MAILBOX RULE

  1. UNDER THE MAILBOX RULE, ACCEPTANCE IS EFFEECTIVE UPON DISPATCH
  2. WHERE MADE IN THE MANNER SPECIFIED IN THE OFFER
  3. WHERE THE OFFER DOES NOT SPECIFY THE METHOD OF DISPACTCH, IT MUST BE MADE IN THE SAME OR FASTER METHOD AS THE OFFER WAS DISPATCHED.

42

CA - LAWYER CAN MAKE PERSONAL LOANS TO CLIENT WHERE

  1. HIRED BY CLIENT
  2. AGREES TO REPAY IN WRITING
  3. LOAN IS NOT MADE TO SATISFY EXISTING DEBTS TO WIN BUSINESS OF CLIENT

43

WHEN DOES ATTORNEY OWE DUTIES TO CLIENT/POTENTIAL CLIENT

  1. AS SOON AS AN ATTORNEY-CLIENT RELATIONSHIP IS FORMED

44

ABA REQUIREMENTS FOR REPORTING ATTORNEY MISCONDUCT

  1. ATTORNEY MISCONDUCT MUST ALWAYS BE REPORTED

45

ATTRACTIVE NUISANCE DOCTRINE

  1. PROPERTY OCCUPIERS OWE A STRICT DUTY TO PROTECT CHILDREN LIKELY TO TRESPASS ON THE PROPERTY
  2. BY INSPECTING AND ELIMINATING ANY DANGEROUS CONDITIONS
  3. THAT MAY BE ATTRACTIVE TO CHILDREN MAY NOT FULLY APPRECIATE BECAUSE OF THEIR AGE

46

TRIGGERS FOR QUALIFIED PRIVILEGE DEFENSE TO DEFAMATION

  1. COMMUNICATION APPEARS REASONABLY NECESSARY TO PROTECT DEFENDANT'S OR THIRD PARTY'S LEGITIMATE INTERESTS
  2. PAST EMPLOYER'S REFERENCE
  3. NEWSWORTHY EVENTS
  4. REPORTS OF PUBLIC HEARINGS

47

SPECIAL DAMAGES COMPENSATE FOR

  1. PECUNIARY LOSS

48

MBE MISSED - CONGRESS MAY CONTROL FEDERAL COURT ORDERS BY

  1. RESTRICTING THE JURISDICTION OF APPELLATE COURTS

49

MBE MISSED - THE TORTIOUS BATTERY INTENT REQUIREMENT MAY BE SATISFIED BY 

  1. THE INTENT TO COMMIT A TORTIOUS ASSAULT

50

SARBANES-OXLEY - ENHANCED REPORTING REQUIREMENTS - LIABILITY FOR INACCURATE REPORTING OF AUDIT BOARD

  1. SENIOR EXECS  ARE PERSONALLY LIABLE
  2. CEO AND CFO MUST REIMBURSE CORP FOR ANY INCENTIVE BASED COMPENSATION RECEIVED FOR 12 MONTHS AFTER INACCURATE REPORT FILING

51

ANTI-SLAPP MOTION

  1. MOTION FILED IN A LAWSUIT ATTEMPTING TO QUELL SPEECH.

52

OBJECTION - CALLS FOR SPECULATION IS USED WHERE A QUESTION INVITES A WITNESS TO TESTIFY 

  1. BASED ON CONJECTURE