Feb 24

Question 1

Arrearages will be assessed for court ordered awards or contractual obligations only (e.g. PSA)?

Answer 1

Both!

Question 2

If PSA in court decree, then can one spouse reduce agreement orally?

Answer 2

No, must get new court order

Question 3

How can you change spousal support?

Answer 3

Hardship by material change in circumstances

Question 4

How to change child support?

Answer 4

Best interest of the child + material change in circumstances

Question 5

Contempt of court is appropriate to

Answer 5

Enforce a direct court order

Question 6

What punishment allowed with contempt of court?

Answer 6

Fines and incarceration if there’s been wilful disregard of authority of court

Question 7

If there’s been mutual mistake (innocent omission or insertion of a material stipulation),

Answer 7

court will enforce terms of contract that parties actually intended

Question 8

Are terms about real estate taxes covered by merger doctrine?

Answer 8

No, collateral to deed.

Question 9

Under merger doctrine, does closing statement extinguish a purchase contract?

Answer 9

No.

Question 10

Is a lawfully adopted zoning ordinance an “encumbrance” breaching covenant of free from encumbrances?

Answer 10

No

Question 11

Encumbrance =

Answer 11

Physical intrusion or encroachment or superior title or interest in land, including a judgment lien

Question 12

If judgment lien not enforced, can the B actually have damages?

Answer 12

No.

Question 13

A principal is liable on instrument signed by

Answer 13

An agent or agents if authorized.

Question 14

Accommodation party is a type of

Answer 14

Surety or one who guarantees debt of another who does not receive direct benefit from the instrument

Question 15

Cosigner is presumed to be an

Answer 15

Accommodating party

Question 16

Cosigner gets all the right sof the

Answer 16

Creditor

Question 17

Alteration =

Answer 17

Unauthorized change that purports to modify obligation of a party

Question 18

What does alteration do if not done fraudulently

Answer 18

obligor remains liable on original terms of obligation

Question 19

What does alteration do if done fraudulently?

Answer 19

Discharges liability of the obligor

Question 20

Forged signature - duties

Answer 20

Duty of reasonable care; must be reported to bank within 1 year of creation of instrument/issuance

Question 21

Security interest enforceable once

Answer 21

Attached to collateral

Question 22

Interest attaches to collateral when

Answer 22

1) value from creditor
2) debtor has rights to collateral (pledged rights)
3) necessary terms are in security agreement and agreement satisfies SOF OR secured party has possession of collateral

Question 23

Contribution claim requirements:

Answer 23

1. Negligence without involving moral turpitude
2. Must have been liable to the plaintiff otherwise

Question 24

SOL for injury arising from service contract for improvements to property and related contribution claims

Answer 24

5 years

Question 25

Does personal knowledge about an adverse party create conflict of interest?

Answer 25

No, not if that adverse party was not a former client. No responsibilities to her as a "third person" or because of "personal interest" that might materially limit his obligations with the client. And if personal knowledge not gained in confidence as confidential communications between L and C.

Question 26

Cannot tell others you are disinterested in the matter/not disclose that you are the L. Why?

Answer 26

Cannot engage in conduct involving fraud, deceit, misrepresentation, dishonesty, which reflects adversely on L's fitness to practice law. Cannot use methods of obtaining evidence that violate legal rights of 3rd person When dealing with unrepresented people, can't tell them you're disinterested when you're the lawyer!

Question 27

Rules about lawyer's fees

Answer 27

1. Must be reasonable 2. If pre-paid, must be held in trust 3. If withdrawn from trust, L must keep records as to how much he was withdrawing 4. Obligated to refund any advance payment of fee that wasn't earned

Question 28

Requirements for when L terminates representation

Answer 28

1. Must terminate if physical/mental condition materially impairs ability to represent 2. If matter already before court, must withdraw with leave of court 3. If physical/mental condition not so severe, cannot withdraw if would have material adverse effect on client 4. Must give C copy of file, whether or not C still owes fees and costs

Question 29

What docs must L give C if C asks for it when L withdraws?

Answer 29

Entire file except limited number of materials "intended only for internal use" (e.g. conflicts check)

Question 30

Can L ever not respond to a lawful demand for info from a disciplinary authority?

Answer 30

No. Exception: if info is confidential & L says so. Must be in service of representation, not to hide personal misdeeds

Question 31

Duty of care to unknown trespassers

Answer 31

Nothing. Just don't do wilful harm

Question 32

Duty of care to known trespassers

Answer 32

Duty to warn or make safe 1. Hidden 2. Highly Dangerous 3. Known

Question 33

Duty of care to invitees

Answer 33

Warn/make safe 1. Hidden 2. Dangerous 3. Concealed 4. Known or should have known

Question 34

Invitee =

Answer 34

Business purpose or members of the public

Question 35

Life estate possessor can take all profits/fully enjoy land while it's theirs?

Answer 35

Yes, need to pay property taxes too Can't commit waste, coz there are still remaindermen!

Question 36

List of personal property incorporated if

Answer 36

1. writing 2. SIGNED BY T 3. describes with reasonable certainty items and recipients 5. referred to in will

Question 37

Other things about a list disposing items

Answer 37

1. can be altered at any time 2. no significance apart from effect on dispositions 3. Can be prepared before or after exeuction of will

Question 38

Searches of dwelling presumptively unreasonable without warrant. Govt's defenses

Answer 38

1. Not a dwelling 2. Consent 3. Automobile exception 4. officer safety 5. community caretaker (safety of others) 6.Exigent circumstances (e.g. imminent destruction of evidence) 7. Probable cause

Question 39

Plain view doctrine only applies if

Answer 39

lawfully there plain view

Question 40

Standing to object to research if

Answer 40

Occupier or guest of dwelling

Question 41

Search incident to arrest lawful DEPENDING ON

Answer 41

Actual location of arrest

Question 42

Defenses to search of car:

Answer 42

1. I wasn't there when arrested. So not a search incident to arrest 2. I didn't consent to the search 3. Inventory search improper if impouding of vehicle improper (no probably evidence/consent)

Question 43

When is copy of K (or another document) admissible?

Answer 43

1. Copy must be authenticated 2. Best evidence rule: - Original not lost and not available - Made in regular course of busines - Person proffering it was custodian of the record/certificate that custodian has custody of the original

Question 44

Judicial notice of what allowed?

Answer 44

1. factual matter 2. Not subject to reas dispute So basiclaly, either common knowledge or can be verified by reliable source (source not reasonably disputed) Includes: 1. Judicial or governors' signatures 2. laws of other states that you can look up