deck Z (1238-1288) Flashcards Preview

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Flashcards in deck Z (1238-1288) Deck (52):
1

2

DEEP ROCK DOCTRINE

  1. CORPORATION IS INSOLVENT
  2. 3RD PARTY CREDITORS PAID FIRST
  3. SHAREHOLDER CLAIMS SUBORDINATE

3

AGENT'S DUTY OF LOYALTY - CONFLICT OF INTEREST PROHIBITIONS

  1. NO SELF -DEALING
  2. NO USURPING OPPORTUNITIES
  3. NO SECRET PROFIT
  4. NO COMMINGLING FUNDS

4

FIDUCIARY DUTIES OF PARTNERS IN A LLP

  1. DUTY OF CARE
  2. DUTY OF LOYALTY
  3. DUTY TO DISCLOSE

5

DISSOLUTION OF LLC

A SPLIT AUTHORITY

  1. COMMON LAW - DISSASSOCIATE A MEMBER AND IT DISSOLVES THE LLC
  2. MODERNLY, DISSOLUTION ONLY CAUSED BY OPERATING AGREEMENT
  3. OR CONSENT BY ALL MEMBERS
  4. OR EVENT MAKING LLC'S BUSINESS ILLEGAL
  5. JUDICIAL DECREE

6

COMMUNITY PROPERTY - CONTRIBUTIONS USED TO IMPROVE SPOUSE'S OWN SEPARATE PROPERTY - COMMUNITY IS REIMBURSED FOR 

  1. INCREASED VALUE OF SEPARATE PROPERTY
  2. OR REIMBURSED FOR AMOUNT CONTRIBUTED 
  3. WHICHEVER IS GREATER

7

APPORTIONMENT PARAGRAPH FOR DIVISION OF

SP BUSINESS ASSETS

  1. TO APPORTION BETWEEN
  2. SP SHARE OF BUSINESS MANAGER SPOUSE BROUGHT TO MARRIAGE
  3. AND VALUE ADDED TO SP BUSINESS AFTER MARRIAGE BY COMMUNITY RESOURCES, 
  4. COURTS HAVE DEVELOPED TWO ACCOUNTING METHODS: 
  5. VAN CAMP AND PEREIRA.

8

FRAUD IN THE EXECUTION OCCURS WHEN TESTATOR IS UNAWARE

  1.  HE IS SIGNING A WILL
  2.  HE IS SIGNING A FORGED WILL

9

OUTSIDE WRITING MAY BE INCORPORATED BY REFERENCE INTO THE WILL WHERE: 

  1. WRITING EXISTED WHEN WILL EXECUTED
  2. WILL MANIFESTS INTENT TO INCORPORATE WRITING
  3. WILL SUFFICIENTLY DESCRIBES WRITING TO IDENTIFY IT
  4. WRITING ITSELF NEED NOT BE VALID

10

CODICIL - ELEMENTS

  1. AMENDMENT TO AN EXISTING WILL
  2. MADE TO CHANGE, EXPLAIN OR REPUBLISH
  3. SAME FORMALITY REQUIREMENTS AS WILLS AND HOLOGRAPHIC WILLS
  4. REPUBLISHES WILL AS OF THE DATE OF THE CODICIL

11

REVIVAL  OF WILL

  1. A WILL IS REVOKED
  2. A SUBSEQUENT WILL IS REVOKED
  3. REVIVAL OF FIRST WILL WHERE CLEAR EVIDENCE OF TESTATOR'S INTENT TO REVIVE.

12

WILL CONTRACTS - METHODS OF PROVING VALIDITY OF CONTRACT

  1. PROVISION IN WILL STATES MATERIAL PROVISIONS OF CONTRACT OR 
  2. EXPRESS REFERENCE IN WILL OR OTHER INSTRUMENT TO A CONTRACT W/EXTRINSIC EVIDENCE PROVING TERMS OR
  3. WRITING SIGNED BY DECEDENT EVIDENCING CONTRACT OR
  4. CLEAR AND CONVINCING EVIDENCE OF AGREEMENT ENFORCEABLE AT EQUITY

13

LIQUIDATED DAMAGES ARE AGREED TO BY 

  1. STIPULATION IN THE CONTRACT

14

ELEMENTS OF ADVERSE POSSESSION

  1. OPEN AND NOTORIOUS POSSESSION
  2. ACTUAL AND EXCLUSIVE POSSESSION
  3. CONTINUOUS POSSESSION FOR STATUATORY PERIOD
  4. HOSTILE POSSESSION

15

ADVERSE POSSESSION - CONTINUOUS REQUIREMENTS

  1. OWNER MAY NOT ENTER LAND DURING STATUATORY PERIOD TO REGAIN POSSESSION
  2. CONSTANT USE NOT REQUIRED AS LONG AS OCCUPIER'S USE IS TYPICAL OF AN OWNER OF SUCH LAND.

16

REAL COVENANT - VERTICAL PRIVITY REQUIREMENT

  1. SUCCESSOR IN INTEREST MUST OWN THE ENTIRE ESTATE OWNED BY THE ORIGINAL COVENANTING PARTY.

17

WATER RIGHTS - CIVIL LAW RULE 

  1. OWNER HAS STRICT LIABILITY FOR INTERFERENCE WITH NATURAL WATERWAYS

18

TYPES OF SUPPLEMENTAL JURISDICTION

  1. ANCILLARY JURISDICTION - COURT ASSERTS JX OVER DEFENDANT'S CROSS CLAIM OR COUNTERCLAIM.
  2. PENDENT JURISDICTION - INSUFFICENT SUBJECT MATTER JX CLAIM JOINED TO A SUFFICIENT SUBJECT MATTER JX CLAIM. 

19

CALIFORNIA REQUIREMENT FOR AFFIRMATIVE DEFENSES IN ANSWER - DEFENDANT MUST PROVIDE

  1. FACTUAL DETAIL
  2. FOR EACH ELEMENT
  3. OF EACH AFFIRMATIVE DEFENSE.

20

INVOLUNTARY DISMISSAL MAY BE ORDERED BY THE COURT FOR 

  1. FAILURE TO PROSECUTE
  2. FAILURE TO COMPLY WITH A COURT ORDER

21

COLLATERAL ESTOPPEL WILL APPLY WHERE

  1. ISSSUE IS IDENTICAL TO ISSUE IN PRIOR CASE.
  2. ISSUE WAS ACTUALLY LITIGATED IN PRIOR CASE.
  3. FINAL JUDGMENT ON THE MERITS IN PRIOR CASE
  4. ISSUE WAS ESSENTIAL TO THE JUDGMENT

22

SUBSTANTIVE DUE PROCESS LIMITS GOVERNMENT'S ABILITY TO REGULATE 

  1. PERSONAL AUTONOMY
  2. PRIVACY
  3. RIGHTS SUBSTANTIVE INTERESTS IN LIFE,  LIBERTY AND PROPERTY

23

TAKINGS CLAUSE - PER SE TAKING OCCURS WHEN

  1. PERMANENT PHYSICAL INVASION OF PROPERTY
  2. TOTAL DENIAL OF ECONOMICALLY BENEFICIAL USE OF PROPERTY

24

FREE SPEECH REGULATION LIMITATION - PRIOR RESTRAINT ONLY ALLOWED WHERE

  1. IRREPERABLE AND SERIOUS HARM TO PUBLIC WILL OCCUR
  2. NARROWLY DRAWN STANDARDS
  3. FINAL DETERMINATION OF VALIDITY

25

FIRST AMENDMENT FREEDOM OF ASSOCIATION

  1. NOT EXPRESSLY STATED
  2. BUT THE RIGHT TO EXPRESSIVE ASSOCIATION WITH GROUPS ENGAGING IN CONSTITUTIONALLY PROTECTED ACTIVITIES. 

26

MILLER TEST FOR OBSCENITY

  1. APPEALS TO PRURIENT INTERESTS (COMMUNITY STANDARD)
  2. PATENTLY OFFENSIVE UNDER LAWS LIMITING OBSCENITY (COMMUNITY STANDARD)
  3. SERVES NO SLAP VALUE (NATIONAL STANDARD)

27

INVASION OF PRIVACY TORTS

  1. INTRUSTION INTO SECLUSION
  2. PUBLIC DISCLOSURE OF PRIVATE FACTS
  3. FALSE LIGHT PUBLICITY
  4. APPROPRIATION OF NAME OR LIKENESS 

28

JOINT AND SEVERAL LIABILITY AND U.S. SUPREME COURT RULING ON JOINDER - POTENTIAL DEFENDANT WHO MAY BE JOINTLY AND SEVERALLY LIABLE - IS NOT

  1. A NECESSARY PARTY WHO MUST BE JOINED.

29

COMMON LAW CONSPIRACY

  1. A SPECIFIC INTENT CRIME
  2. TWO OR MORE PERSONS AGREE
  3. TO WORK TOGETHER TO ACCOMPLISH AN ILLEGAL GOAL

30

COMMON LAW SOLICITATION

  1. A SPECIFIC INTENT CRIME
  2. WHERE DEFENDANT URGES ANOTHER PERSON TO COMMIT A CRIMINAL ACT.

31

COMMON CARRIER DOCTRINE AND EMBEZZLEMENT

  1. UNDER THE COMMON CARRIER DOCTRINE
  2. COMMON CARRIERS ARE LAWFULLY ENTRUSTED WITH POSSESSION OF PASSENGERS' PERSONAL PROPERTY
  3. MAKING THEFT BY CARRIER'S EMPLOYEES EMBEZZLEMENT
  4. EVEN WHERE PROPERTY IS "LOST". 

32

DEFENSE OF SELF

  1. DEFENDANT IS PRIVILEGED TO USE REASONABLE FORCE TO DEFEND HIMSELF
  2. WHERE HE IS NOT THE AGGRESSOR. 

33

PERJURY IS THE CRIME OF 

  1. WILLFULLY GIVING A FALSE STATEMENT
  2. WITH THE SPECIFIC INTENT TO LIE UNDER OATH
  3. IN A JUDICIAL PROCEEDING.

34

MALICIOUS MISCHIEF

  1. MALICIOUS MISCHIEF IS THE WILLFUL OR WANTON DESTRUCTION OF VICTIM'S PROPERTY.

35

IMPERFECT SELF-DEFENSE - A DEFENDANT MAY RAISE THE DEFENSE OF AN IMPERFECT SELF-DEFENSE WHERE HE ACTED

  1. TO DEFEND HIMSELF BASED ON AN UNREASONABLE BELIEF.

36

TRANSFERRED INTENT

  1. UNDER THE DOCTRINE OF TRANSFERRED INTENT, DEFENDANT'S CRIMINAL INTENT WILL BE TRANSFERRED FROM THE INTENDED PERSON OR OBJECT
  2. TO THE INJURED PERSON OR OBJECT
  3. AND CRIMINAL LIABILITY WILL FOLLOW.

37

PRESENT RECOLLECTION REFRESHED

  1. WITNESS HAS INCOMPLETE RECOLLECTION
  2. LEADING QUESTION OR WRITING
  3. WITNESS REVIEWS WRITING AND RETURNS TO COUNSEL
  4. WITNESS TESTIFIES AS TO PRESENT RECOLLECTION

38

PUBLIC RECORDS EXCEPTION AND CRIMINAL INVESTIGATION

  1. MATTERS OBSERVED BY POLICE OFFICERS AND OHTER LAW ENFORCEMENT ARE NOT ADMISSIBLE UNDER THE PUBLIC RECORDS HEARSAY EXCEPTION. 

39

MBE - DORMANT COMMERCE CLAUSE AND MARKET PARTICIPANT STATE EXCEPTION

  1. WHERE STATE IS A MARKET PARTICIPANT
  2. IT MAY PREFERENCE IN STATE PARTIES.

40

GRATUITOUS ASSIGNMENTS ARE REVOCABLE UNTIL

  1.  THE ASSIGNMENT IS MADE IN WRITING
  2. OR A TOKEN CHOSE IS DELIVERED
  3. OR DETRIMENTAL RELIANCE OCCURS 

41

CONDITION PRECEDENT

  1. A CONDITION THAT MUST OCCUR FOR THE PERFORMANCE DUTY TO RIPEN. 

42

OFFER

  1. A MANIFESTATION OF PRESENT CONTRACTUAL INTENT
  2. SO CERTAIN IN TERMS THAT A REASONABLE PERSON WOULD CONCLUDE ASSENT WOULD FORM A BARGAIN 

43

ABA - CONTINGENCY FEES NOT ALLOWED WHERE

  1. DIVORCE OR DOMESTIC RELATIONS
  2. CRIMINAL 

44

EXCEPTIONS TO ATTORNEY CLIENT PRIVILEGE

  1. DUTY OF CONFIDENTIALITY
  2. CRIME OR FRAUD
  3. SUIT AGAINST CLIENT
  4. COMPETENCY OR INTENTION OF TESTATOR
  5. CA - PREVENT SUBSTANTIAL BODILY INJURY OR DEATH 

45

DUTY BASED ON PERIL ARISES WHERE DEFENDANT CREATES

  1. REASONABLY FORESEEABLE DANGER TO OTHERS

46

LIABILITY FOR INTERFERENCE WITH CONTRACT ARISES WHERE DEFENDANT 

  1. KNEW CONTRACT EXISTED BETWEEN PLAINTIFF AND THIRD PARTY
  2. INTENTIONALLY DISRUPTED PERFORMANCE OF CONTRACT
  3. PREVENTED PERFORMANCE OR MADE IT MORE DIFFICULT
  4. WAS A SUBSTANTIAL FACTOR IN PLAINTIFF'S RESULTING HARM

47

DEED DELIVERY AND PASSING OF TITLE TO PROPERTY - TITLE PASSES 

  1. UPON PROPER DELIVERY OF DEED
  2. ACCEPTANCE IS PRESUMED IN MOST JURISDICTIONS 
  3. BUT REJECTION BY GRANTEE DEFEATS DELIVERY

48

PERIODIC TENANCY - TERMINATION NOTICE REQUIREMENT

  1. WRITTEN NOTICE 
  2. EQUAL TO LENGHTH OF LEASE 
  3. UNLESS YEARLY LEASE, THEN SIX MONTHS NOTICE IS REQUIRED

49

FOR FINDING INTENT TO OPERATE AS CO-OWNERS OF A BUSINESS FOR PROFIT - THIS WILL NEVER BE USED

  1. SHARING JOINT REVENUE 

50

IN CRIMINAL CASES, DEFENDANTS ARE GRANTED A RIGHT TO CONFRONT ADVERSE WITNESSES UNDER THE 

  1. CONFRONTATION CLAUSE
  2. OF THE SIXTH AMENDEMENT

51

PROPERTY ACQUIRED POST SEPARATION IS TREATED AS 

  1.  SEPARATE PROPERTY

52

OBJECTION - CALLS FOR SPECULATION IS USED WHERE A QUESTION 

  1. INVITES WITNESS TO SPECULATE
  2. OR ANSWER ON BASIS OF CONJECTURE