Deck H (361 - 411)

Question 2

2

CORPORATE DEBT CLASSES

Answer 2

1. SECURED DEBT IS BOND
2. UNSECURED DEBT IS DEBENTURE

Question 3

2

COMMUNITY REAL PROPERTY - DISPOSAL AND CONTROL - SALE OR LEASE

BOTH SPOUSES MUST EXECUTE WRITTEN INSTRUMENT FOR:

Answer 3

1. SALE OF PROPERTY
2. LEASE OF PROPERTY FOR OVER A YEAR

Question 4

2

SPECIAL CLASSIFICATIONS - PENSION PLANS - APPROACHES TO AWARDING FUNDS

Answer 4

1. RESERVATION OF JURISDICTION APPROACH
2. CASH OUT APPROACH

Question 5

3

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

WHEN TO USE VAN CAMP

Answer 5

1. WHEN CHARACTER OF BUSINESS THE CAUSE FOR ITS GROWTH
2. SPOUSE WAS WELL COMPENSATED DURING THE MARRIAGE
3. COMMUNITY ALREADY BENEFITED FROM BUSINESS

Question 6

2

FIDUCIARY DUTIES OWED BY SPOUSES TO EACH OTHER

Answer 6

1. FULL DISCLOSURE OF MATERIAL FACTS
2. GOOD FAITH AND FAIR DEALINGS

Question 7

3

FIDUCIARY DUTIES OWED SPOUSES - DUTY OF GOOD FAITH AND FAIR DEALING

Answer 7

1. SPOUSES MUST OPERATE WITH HIGHEST DEGREE OF GOOD FAITH
2. MAKE FAIR DEALINGS WITH OTHER SPOUSE
3. NEVER TAKE UNFAIR ADVANTAGE OF OTHER SPOUSE

Question 8

3

“OF SOUND MIND” - TESTATOR MUST UNDERSTAND

Answer 8

1. NATURE OF TESTAMENTARY ACT OR
2. NATURE AND SITUATION OF HIS PROPERTY OR
3. HIS RELATIONSHIPS W/PARTIES AFFECTED BY WILL

Question 9

3

REVOCATION BY OPERATION OF LAW - PRETERMITTED SPOUSE OR CHILD WILL NOT RECIEVE INTESTATE SHARE WHERE

Answer 9

1. INTENTIONALLY OMMITTED ON FACE OF WILL
2. OTHEREWISE PROVIDED FOR IN LIEU OF WILL
3. DECEDENT DEVISED SUBSTANTIALLY ALL OF ESTATE TO PARENT OF OMMITTED CHILD

Question 10

2

DEMONSTRATIVE GIFTS

Answer 10

1. GENERAL GIFTS
2. SPECIFYING PROPERTY OR PARTICULAR FUND FROM WHICH GIFT SHOULD BE MADE

Question 11

1

A DEVISE ADEEMS BY SATISFACTION WHEN

Answer 11

1. BENEFICIARY RECEIVES DEVISE DURING TESTATOR’S LIFETIME

Question 12

3

SIMULTANEOUS DEATH OF TESTATOR AND BENEFICIARY - WHERE TESTATOR AND BENEFICIARY DIE SIMULATENOUSLY

Answer 12

1. IF NO CLEAR AND CONVINCING EVIDENCE THAT BENEFICIARY DIED FIRST
2. BENEFICIARY WILL BE DETERMINED TO HAVE DIED FIRST
3. TRIGGERING LAPSE AND ANTILAPSE STATUTES

Question 13

4

ADVANCEMENT

Answer 13

1. PERSON DIES INTESTATE
2. PROPERTY GIVEN TO HEIR DURING DECEDENT’S LIFETIME AS PART OF HEIR’S SHARE OF DECEDENT’S ESTATE
3. DECLARANT DECLARED GIFT IN WRITING
4. HEIR ACKNOWLEDGED GIFT IN WRITING

Question 14

3

MODERN PER STIRPES OR PER CAPITA WITH REPRESENTATION

Answer 14

1. EQUAL DISTRIBUTION AT FIRST LEVEL HEIRS
2. WHERE FIRST LEVEL HEIRS DECEASED, THEIR SHARES ARE DIVIDED EVENLY AMONG THEIR ISSUE
3. IF FIRST LEVEL HEIRS LEFT NO ISSUE, THEIR SHARES ARE DIVIDED EVENLY AMONG NEXT LEVEL

Question 15

3

QUASI-CONTRACT SCENARIOS

Answer 15

1. NO ATTEMPT TO CONTRACT
2. UNENFORCEABLE CONTRACT
3. BREACHED CONTRACT

Question 16

6

REQUIRED SHOWINGS FOR SPECIFIC PERFORMANCE

Answer 16

1. INADEQUATE REMEDY AT LAW
2. VALID CONTRACT WITH DEFINITE AND CERTAIN TERMS CAPABLE OF ENFORCEMENT
3. SATISFACTION OF PLAINTIFF’S CONTRACT DUTIES
4. MUTUALITY OF PERFORMANCE
5. FEASIBILITY OF ENFORCEMENT
6. NO AVAILABLE DEFENSES

Question 17

3

SPECIAL WARRANTY DEED

Answer 17

1. GRANTOR WARRANTS ONLY ON HIS BEHALF
2. THAT HE HAS ONLY CONVEYED THE PROPERTY TO NOONE BUT GRANTEE
3. AND PROPERTY IS FREE FROM ANY ENCUMBRANCES HE MADE

Question 18

3

BONA FIDE PURCHASER FOR VALUE W/OUT NOTICE

Answer 18

1. TAKES PROPERTY FOR VALUE
2. PAYS CONSIDERATION OF AT LEAST MORE THAN NOMINAL VALUE
3. WITHOUT NOTICE OF PRIOR INTEREST

Question 19

4

REMEDIES FOR BREACH OF IMPLIED WARRANTY OF HABITIBALITY AND LANDLORD’S RECOURSE - TENANT MAY

Answer 19

1. TERMINATE LEASE AND MOVE OUT OR
2. MAKE REPAIRS AND DEDUCT COST FROM RENT OR
3. PAY REDUCED RENT, REMAIN ON PREMISES AND SUE FOR DAMAGES
4. LANDLORD MAY NOT EVICT FOR SEEKING REMEDIES

Question 20

1

LIABILITY OF OLD TENANT TO LANDLORD FOR RENTAL PAYMENTS IN A SUBLEASE

Answer 20

1. OLD TENANT IS STILL LIABLE TO LANDLORD FOR RENTAL PAYMENTS BECAUSE OF PRIVITY OF CONTRACT.

Question 21

3

REMEDY FOR MISUSE OF EASEMENT

Answer 21

1. INJUNCTION
2. DAMAGES
3. NOT REMOVAL OF EASEMENT

Question 22

3

REAL COVENANT - REQUIREMENTS FOR A BENEFIT TO RUN WITH THE LAND

Answer 22

1. INTENT
2. TOUCH AND CONCERN
3. VERTICAL PRIVITY

Question 23

2

REMOVAL TIMING LIMITS

Answer 23

1. MOTION TO REMOVE MUST BE FILED W/IN 30 DAYS AFTER FILING FIRST REMOVEABLE PLEADING
2. MUST HAPPEN W/IN YEAR OF CASE FILING

Question 24

2

INTERROGATION OCCURS WHEN POLICE USE

Answer 24

1. WORDS OR ACTIONS
2. REASONABLY LIKELY TO ELLICIT INCRIMINATING RESPONSES

Question 25

# 2 JEOPARDY ATTACHES WHEN

Answer 25

1. **JURY TRIAL** - JURY EMPANELED AND SWORN IN. 2. **BENCH TRIAL** - FIRST WITNESS SWORN IN.

Question 26

# 2 COMPETENCE TO STAND TRIAL - DEFENDANT IS AWARE OF

Answer 26

1. NATURE OF PROCEEDINGS AGAINST HIM 2. POSSIBLE CONSEQUENCES OF PROCEEDING

Question 27

# 3 AGGRAVATED ASSAULT

Answer 27

1. A SPECIFIC INTENT CRIME 2. WHERE DEFENDANT ATTEMPTS BATTERY WITH A WEAPON 3. OR CAUSES VICTIM TO APPREHEND IMMINENT HARMFUL OR OFFENSIVE CONTACT WITH VICTIM'S PERSON BY USE OF A WEAPON.

Question 28

# 1 GENERAL INTENT CRIME REQUIRES THIS LEVEL OF MENS REA

Answer 28

1. ONLY TO COMMIT THE LEGALLY PROSCRIBED CONDUCT.

Question 29

# 2 RECORDS OF RELIGIOUS ORGANIZATIONS HEARSAY EXCEPTION

Answer 29

1. REGULARLY KEPT RECORDS OF RELIGIOUS ORGANIZATIONS 2. WITH FACTS OF PERSONAL OR FAMILY HISTORY

Question 30

# 3 MERCHANT

Answer 30

1. BY OCCUPATION DEALS WITH WITH THE TYPE OF GOODS IDENTIFIED BY THE CONTRACT 2. OR HAS KNOWLEDGE OR SKILLS PECULIAR TO THE GOODS INVOLVED 3. OR EMPLOYS AN AGENT WITH SUCH KNOWLEDGE OR SKILL.

Question 31

# 3 UCC VARYING TERMS IN ACCEPTANCE - BOTH PARTIES ARE MERCHANTS - VARYING TERMS IN THE ACCEPTANCE NOT INCLUDED IN THE CONTRACT WHERE

Answer 31

1. WHERE THEY MATERIALLY ALTER CONTRACT 2. WHERE PARTY TO BE BOUND OBJECTS TO TERMS WITHIN A REASONABLE PERIOD OF TIME 3. WHERE OFFER EXPRESSLY LIMITS ACCEPTANCE

Question 32

# 2 WHERE THE DEFENDANT MAY RAISE THE DEFENSE OF IMPOSSIBILITY TO CONTRACT FORMATION

Answer 32

1. DUE TO EVENTS BEYOND THE PARTIES' CONTROL PERFORMANCE OF THE CONTRACT IS IMPOSSIBLE 2. EXCUSING ALL PARTIES' PERFORMANCE DUE TO FAILURE OF AN IMPLIED MATERIAL CONDITION THAT PERFORMANCE IS OBJECTIVELY POSSIBLE.

Question 33

# 2 OPTION CONTRACT

Answer 33

1. CONTRACT CREATED WHEN OFFEREE GIVES OFFEREE CONSIDERATION 2. IN EXCHANGE FOR A PROMISE TO LEAVE THE OFFER OPEN FOR AN AGREED UPON PERIOD OF TIME.

Question 34

# 2 ATTORNEY'S DUTY WHEN ROGUE EMPLOYEE THREATENS A REPRESENTED BUSINESS - ABA

Answer 34

1. REPORT UP THE CHAIN OF COMMAND 2. IF FAILS AT HIGHEST LEVEL, REPORT OUTSIDE TO EXTENT NECESSARY

Question 35

# 2 BATTERY - LIABILITY ARISES WHERE

Answer 35

1. DEFENDANT INTENTIONALLY ACTS TO CAUSE AND DOES CAUSE 2. A TOUCHING A PLIATNIFF'S PERSON THAT RESULTS IN A HARMFUL OR OFFENSIVE CONTACT.

Question 36

# 2 PRIVATE CITIZEN DEFENDANT MAY USE THE DEFENSE OF AUTHORITY OF LAW WHERE

Answer 36

1. USED REASONABLE FORCE 2. TO PREVENT OR STOP COMMISSION OF SERIOUS CRIME OCCURRING IN HIS PRESENCE

Question 37

# 1 TRESSPASS TO LAND - LIABILITY ARISES WHERE DEFENDANT

Answer 37

1. INTENTIONALLY CAUSES ENTRY ONTO, UNDER, OR ABOVE PLAINTIFF'S LAND WITHOUT AUTHORIZATION

Question 38

# 4 PROXIMATE CAUSE - TORTS

Answer 38

1. AN EVENT LINKING TOGETHER TOGETHER A CHAIN OF EVENTS 2. UNBROKEN BY ANY UNFORESEEABLE INTERVENING EVENTS 3. THAT SO DIRECTLY, FORESEEABLY AND NATURALLY RESULTS IN THE PLAINTIFF'S INJURY 4. THE LAW IMPOSES CIVIL LIABILITY.

Question 39

# 1 RAPE SHIELD - FRE - CIVIL CASE - REPUTATION, SPECIFIC ACTS AND OPININON ARE ONLY ADMISSIBLE WHERE

Answer 39

1. PROBATIVE VALUE OUTWEIGHS PREJUDICE

Question 40

# 1 EVIDENCE - CRIMINAL - FRE - WHERE THE DEFENDANT INTRODUCES EVIDENCE OF THE VICTIM'S CHARACTER, THE PROSECUTION CAN ADMIT EVIDENCE THAT

Answer 40

1. THE DEFENDANT HAS THE SAME TRAIT.

Question 41

# 1 SPOUSAL DISPOSITION POWER OVER PERSONAL ASSETS DOES NOT INCLUDE

Answer 41

1. TESTAMENTARY CONTROL

Question 42

# 1 PUNITIVE DAMAGES WILL ONLY BE AWARDED WHERE

Answer 42

1. OTHER DAMAGES ARE ALSO AWARDED