deck AF (1544-1594) Flashcards Preview

CA Bar Outlined and Numbered (with prompts) > deck AF (1544-1594) > Flashcards

Flashcards in deck AF (1544-1594) Deck (42):
1

2

WHEN MAY CORPORATE OFFICER OR DIRECTOR PERSONALLY ACCEPT BUSINESS OPPORTUNITY?

  1. AFTER FULL DISCLOSURE OF MATERIAL FACTS TO BOARD OF DIRECTORS.
  2. BOARD VOTES AND MAKES GOOD FAITH REJECTION

3

SARBANES-OXLEY - ENHANCED REPORTING REQUIREMENTS - CORPORATION MUST HAVE AN 

  1. AUDIT BOARD

4

TYPES OF CORPORATE DISSOLUTION

  1. VOLUNTARY
  2. ADMINISTRATIVE
  3. JUDICIAL

5

FIGURING OUT WHO OWNS UNTITLED PROPERTY IN A PARTNERSHIP

  1. WERE PARTNERSHIP FUNDS USED TO ACQUIRE, IMPROVE OR MAINTAIN?
  2. WAS THERE A CLOSE RELATIONSHIP BETWEEN THE PROPERTY AND BUSINESS?
  3. DID THE PARTNERSHIP LIST THE PROPERTY ON ITS BOOKS?

6

FORMATION OF LIMITED PARTNERSHIPS REQUIREMENTS

  1. FILE LIMITED PARTNERSHIP CERTIFICATE W/STATE
  2. NAME - MUST INCLUDE LP
  3. AGENT'S NAME AND ADDRESS
  4. GENERAL PARTNERS NAMES AND ADDRESSES
  5. RECORDS MAINTAINED IN STATE OF FORMATION
  6. IF NOT DONE CORRECTLY LP BECOMES GP

7

 SPOUSAL SUPPORT  MAY BE WAIVED THROUGH PREMARITAL AGREEMENT IF

  1. AGREEMENT IS NOT UNCONSCIONABLE
  2. IF WAIVING SPOUSE REPRESENTED BY HER OWN COUNSEL WHEN SIGNING AGREEMENT

8

REIMBURSEMENT RIGHTS OF SEPARATE ESTATE FOR CONTRIBUTIONS TO COMMUNITY ESTATE

  1. WITHOUT INTEREST
  2. WHERE FUNDS TRACEABLE
  3. ONLY FOR DIP

9

APPORTIONING SHARES OF BUSINESS VALUE APPRECIATION AFTER SEPARATION - WHEN SP CONTRIBUTES TO A CP BUSINESS

REVERSE PEREIRA FORMULA

  1. COMMUNITY GETS VALUE OF CP BUSINESS AT TIME OF SEPARATION
  2. PLUS REASONABLE RATE OF RETURN
  3. MULTIPLIED BY THE NUMBER OF YEARS BUSINESS SPOUSE WORKED AT BUSINESS AFTER SEPARATION 
  4. SUBTRACTED FROM INCREASED PRESENT AMOUNT OF VALUE IN BUSINESS 
  5. REMAINDER GOES TO BUSINESS SPOUSE

10

TRANSMUTATION AND COMMUNITY PROPERTY LAW

  1. CHANGE THE ESTATE OR OWNERSHIP CHARACTERIZATION OF AN ASSET

11

TRANSMUTATION TO 3RD PARTIES

  1. NOT EFFECTIVE 
  2. WITHOUT NOTICE
  3. UNLESS RECORDED

12

DISTRIBUTION OF ASSETS AT DIVORCE - TWO MARRIAGES

  1. JURISDICTIONAL SPLIT
  2. SOME JURISIDICTIONS DIVIDE ASSETS EQUALLY BETWEEN ALL SPOUSES
  3. SOME JURISDICTIONS DIVIDE ASSETS EQUALLY BETWEEN INNOCENT SPOUSES

13

ORDER OF ANALYZING ASSETS FOR COMMUNITY PROPERTY ESSAYS (NO GOOD SPOUSE SHOULD ACTUALLY DIVORCE)

  1. NAME OF ASSET
  2. GENERAL PRESUMPTION
  3. SPECIAL PRESUMPTION
  4. STATUATORY PRESUMPTION
  5. ACTIONS TAKEN 
  6. DISPOSITION OF ASSET

14

LAPSE (BENEFICIARY DEATH)

  1. BENEFICIARY PREDECEASES TESTATOR
  2. GIFT TO BENEFICARY LAPSES AND FALLS INTO RESIDUE
  3. OR DISTRIBUTED VIA INTESTATE SUCCESSION
  4. AT COMMON LAW AND MINORITY OF JURISDICTIONS

15

GENERAL WARRANTY DEED CONTAINS

  1. WARRANTY AGAINST DEFECTS IN TITLE
  2. THREE PRESENT COVENANTS OF TITLE
  3. THREE FUTURE COVENANTS OF TITLE

16

TYPES OF RECORDING ACTS

  1. NOTICE STATUTE
  2. RACE STATUTE
  3. RACE-NOTICE STATUTE

17

FEE SIMPLE ABSOLUTE CONVEYS

  1. ABSOLUTE OWNERSHIP OF POTENTIALLY INFINITE DURATION.

18

LANDLORD/TENANT QUESTIONS/DEFENSES TO PAY RENT

  1. IMPLIED COVENANT OF QUIET ENJOYMENT
  2. CONSTRUCTIVE EVICTION
  3. IMPLIED WARRANTY OF HABITABILITY
  4. BREACH OF EXPRESS REAL COVENANT 

19

TRANSFER OF EASEMENTS - WHEN A DOMINANT ESTATE TRANSFERS, THE EASEMENT IS

  1. APPURTENANT - RUNS WITH THE LAND

20

FEDERAL CLASS ACTION REQUIREMENTS

CAN'T -C

  1. NUMEROSITY
  2. COMMONALITY
  3. TYPICALITY 
  4. ADEQUACY
  5. CLASS TYPE REQUIREMENTS

21

GROUNDS FOR MOTION TO SET ASIDE JUDGMENT - FEDERAL 

  1. CLERICAL ERRORS
  2. NEGLECTFUL MISTAKES
  3. NEW DISCOVERED EVIDENCE THAT WOULD NOT REASONABLY DISCOVERED IN PREVIOUS TRIAL
  4. FRAUD
  5. VOID JUDGMENT
  6. PREVIOUS JUDGMENT CAUSING JUDGMENT IS SATISFIED
  7. ANY OTHER REASON JUSTIFYING RELIEF

22

ARTICLE III - COURT ALLOWED TO MAKE DECLARATORY JUDGMENTS WHERE THEY

  1. CLARIFY LEGAL EFFECT OF A REGULATION
  2.  AFFIRM RIGHTS, DUTIES OR OBLIGATIONS OF PARTIES IN CIVIL DISPUTE

23

TENTH AMENDMENT ELEMENTS

  1. POWERS NOT DELEGATED TO FEDERAL GOVERNMENT
  2. OR PROHIBITED BY U.S. CONSTUTION
  3. ARE RESERVED FOR THE STATES

24

TAKINGS CLAUSE - PUBLIC USE MUST BE

  1. RATIONALLY RELATED TO A CONCEIVABLE PUBLIC PURPOSE OR BENEFIT

25

NONPUBLIC GOVERNMENT PROPRETY AS A FORUM FOR SPEECH

  1. NONPUBLIC GOVERNMENT PROPERTY IS  NOT OPEN TO SPEECH

26

PATDOWN - PLAIN FEEL DOCTRINE

  1. DURING LAWFUL PAT-DOWN
  2. OFFICER FEELS SOMETHING IMMEDIATELY RECOGNIZABLE AS CONTRABAND
  3. OFFICER CAN SEIZE THE ITEM.

27

CONSPIRACY - MODERN OVERT ACT REQUIREMENT

  1. MODERNLY, MOST JURISDICTIONS REQUIRE AN OVERT ACT BE COMMITTED
  2. IN FURTHERANCE OF THE CONSPIRACY'S CRIMINAL OBJECTIVE.

28

UNDER THE PINKERTON RULE, EACH MEMBER OF A CONSPIRACY IS

  1. VICARIOUSLY LIABLE
  2. FOR THE CRIMINAL ACTS OF CO-CONSPIRATORS
  3. WHERE THOSE ACTS WERE REASONABLY FORESEEABLE
  4. AND DONE IN FURTHERANCE OF THE CRIMINAL OBJECTIVE.

 

29

AGGRAVATED BATTERY

  1. AGGRAVATED BATTERY IS A GENERAL INTENT CRIME
  2. DONE TO CAUSE
  3. THAT DOES CAUSE AN UNCONSENTED APPLICATION OF FORCE  BY USING A WEAPON ON
  4. VICTIM'S PERSON. 

30

RECORDS OF VITAL STATISTICS EXCEPTION 

  1. RECORDS OF DEATHS, BIRTHS AND MARRIAGES  NON HEARSAY
  2. WHERE REPORT MADE TO PUBLIC OFFICE
  3. IN ACCORDANCE WITH REQUIREMENTS OF LAW

 

31

PRIOR CONSISTENT STATEMENT AND HEARSAY

  1. NOT HEARSAY WHERE CONSISTENT STATEMENT OFFERED TO REBUT A CHARGE OF RECENT FABRICATION
  2. MUST BE MADE BEFORE MOTIVE TO LIE CAME INTO BEING
  3. STATEMENT DOES NOT NEED TO HAVE BEEN MADE UNDER OATH

 

32

COVENANT

  1. PROMISE CONTAINED IN A CONTRACT
  2. LESSER THAN A MATERIAL CONDITION

 

33

DUTY OF LOYALTY FACTORS - LAWYER MUST NOT 

DEVELOP OR MAINTAIN AN INTEREST THAT IS ADVERSE TO HER CLIENT

 

34

PERMISSIVE WITHDRAWAL BASED ON FINANCIAL BURDEN ONCE THE CASE IS IN LITIGATION

  1. WHERE AN UNREASONABLE FINANCIAL BURDEN EXISTS
  2. ONCE COURT APPROVAL IS GIVEN

35

SLANDER/DEFAMATION 

  1. AN ORAL FALSE STATEMENT OF MATERIAL FACT TRANSITORY IN NATURE

36

DEFAMATION - TO BE A PUBLIC FIGURE, AN INDIVIDUAL  MUST

  1. AFFIRMATIVELY ACT TO STEP INTO THE SPOTLIGHT

37

TORT - GROSS NEGLIGENCE OCCURS WHERE DEFENDANT

  1. DELIBERATELY BREACHED A PREEXISTING DUTY

 

38

LIABILITY FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS ARISES WHERE DEFENDANT 

  1. INTENTIONALLY ACTS IN AN EXTREME OUTRAGEOUS MANNER
  2. INTENDING TO CAUSE 
  3. OR WITH RECKLESS DISREGARD OF THE PROBABLITY OF CAUSING
  4. EXTREME EMOTIONAL DISTRESS
  5. CAUSING PLAINTIFF EXTREME EMOTIONAL DISTRESS

 

39

MBE MISSED - UNKNOWN TRESPASSER IS OWED

  1. NO DUTY

40

MBE MISSED - ANIMALS ON FEDERAL LAND ARE PROTECTED BY CONGRESS' POWER TO DO THIS REGARDING FEDERAL LANDS

  1. DISPOSE OF AND
  2. MAKE ALL NEEDFULL RULES AND REGULATIONS

41

CA COMMUNITY PROPERTY - SPOUSE'S WRITTEN CONSENT IS NEEDED WHEN  OTHER SPOUSE MAKES DISPOSAL OF 

  1. FAMILY DWELLING'S PERSONAL PROPERTY
  2. OTHER SPOUSE'S CLOTHING
  3. CHILDREN'S CLOTHING

42

ALL NON-TESTIMONIAL EVIDENCE MUST BE ______ TO BE ADMITTED

  1. AUTHENTICATED