deck AF (1544-1594)

Question 2

2

WHEN MAY CORPORATE OFFICER OR DIRECTOR PERSONALLY ACCEPT BUSINESS OPPORTUNITY?

Answer 2

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

Question 3

1

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

Answer 3

1. AUDIT BOARD

Question 4

3

TYPES OF CORPORATE DISSOLUTION

Answer 4

1. VOLUNTARY
2. ADMINISTRATIVE
3. JUDICIAL

Question 5

3

FIGURING OUT WHO OWNS UNTITLED PROPERTY IN A PARTNERSHIP

Answer 5

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?

Question 6

6

FORMATION OF LIMITED PARTNERSHIPS REQUIREMENTS

Answer 6

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

Question 7

2

SPOUSAL SUPPORT MAY BE WAIVED THROUGH PREMARITAL AGREEMENT IF

Answer 7

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

Question 8

3

REIMBURSEMENT RIGHTS OF SEPARATE ESTATE FOR CONTRIBUTIONS TO COMMUNITY ESTATE

Answer 8

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

Question 9

5

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

REVERSE PEREIRA FORMULA

Answer 9

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

Question 10

1

TRANSMUTATION AND COMMUNITY PROPERTY LAW

Answer 10

1. CHANGE THE ESTATE OR OWNERSHIP CHARACTERIZATION OF AN ASSET

Question 11

3

TRANSMUTATION TO 3RD PARTIES

Answer 11

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

Question 12

3

DISTRIBUTION OF ASSETS AT DIVORCE - TWO MARRIAGES

Answer 12

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

Question 13

6

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

Answer 13

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

Question 14

4

LAPSE (BENEFICIARY DEATH)

Answer 14

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

Question 15

3

GENERAL WARRANTY DEED CONTAINS

Answer 15

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

Question 16

3

TYPES OF RECORDING ACTS

Answer 16

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

Question 17

1

FEE SIMPLE ABSOLUTE CONVEYS

Answer 17

1. ABSOLUTE OWNERSHIP OF POTENTIALLY INFINITE DURATION.

Question 18

4

LANDLORD/TENANT QUESTIONS/DEFENSES TO PAY RENT

Answer 18

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

Question 19

1

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

Answer 19

1. APPURTENANT - RUNS WITH THE LAND

Question 20

5

FEDERAL CLASS ACTION REQUIREMENTS

CAN’T -C

Answer 20

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

Question 21

4

GROUNDS FOR MOTION TO SET ASIDE JUDGMENT - FEDERAL

Answer 21

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

Question 22

2

ARTICLE III - COURT ALLOWED TO MAKE DECLARATORY JUDGMENTS WHERE THEY

Answer 22

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

Question 23

3

TENTH AMENDMENT ELEMENTS

Answer 23

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

Question 24

1

TAKINGS CLAUSE - PUBLIC USE MUST BE

Answer 24

1. RATIONALLY RELATED TO A CONCEIVABLE PUBLIC PURPOSE OR BENEFIT

Question 25

# 1 NONPUBLIC GOVERNMENT PROPRETY AS A FORUM FOR SPEECH

Answer 25

1. NONPUBLIC GOVERNMENT PROPERTY IS **NOT** OPEN TO SPEECH

Question 26

# 3 PATDOWN - PLAIN FEEL DOCTRINE

Answer 26

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

Question 27

# 2 CONSPIRACY - MODERN OVERT ACT REQUIREMENT

Answer 27

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

Question 28

# 4 UNDER THE PINKERTON RULE, EACH MEMBER OF A CONSPIRACY IS

Answer 28

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.

Question 29

# 4 AGGRAVATED BATTERY

Answer 29

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.

Question 30

# 3 RECORDS OF VITAL STATISTICS EXCEPTION

Answer 30

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

Question 31

# 3 PRIOR CONSISTENT STATEMENT AND HEARSAY

Answer 31

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

Question 32

# 2 COVENANT

Answer 32

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

Question 33

# 1 DUTY OF LOYALTY FACTORS - LAWYER MUST NOT

Answer 33

DEVELOP OR MAINTAIN AN INTEREST THAT IS ADVERSE TO HER CLIENT

Question 34

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

Answer 34

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

Question 35

# 1 SLANDER/DEFAMATION

Answer 35

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

Question 36

# 1 DEFAMATION - TO BE A PUBLIC FIGURE, AN INDIVIDUAL MUST

Answer 36

1. AFFIRMATIVELY ACT TO STEP INTO THE SPOTLIGHT

Question 37

# 1 TORT - GROSS NEGLIGENCE OCCURS WHERE DEFENDANT

Answer 37

1. DELIBERATELY BREACHED A PREEXISTING DUTY

Question 38

# 5 LIABILITY FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS ARISES WHERE DEFENDANT

Answer 38

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

Question 39

# 1 MBE MISSED - UNKNOWN TRESPASSER IS OWED

Answer 39

1. NO DUTY

Question 40

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

Answer 40

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

Question 41

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

Answer 41

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

Question 42

# 1 ALL NON-TESTIMONIAL EVIDENCE MUST BE ______ TO BE ADMITTED

Answer 42

1. AUTHENTICATED