Jul 2012

Question 1

BFP =

Answer 1

Subsequent purchaser for value without notice of previous transfer

Question 2

Desertion as ground for divroce if:

Answer 2

1) breaking of cohabitation
2) intent to desert

Question 3

Can mutual agreement to separate = desertion?

Answer 3

No

Question 4

When is a written property settlement agreement valid and effective?

Answer 4

Upon execution

Question 5

If PSA not incorporated into court order,

Answer 5

Still enforceable if filed with court before entry of final decree

Question 6

If PSA enforceable, can court modify PSA?

Answer 6

NO

Question 7

If W admits in court that W and H modified agreement orally, can that count as an enforceable modification?

Answer 7

Yes

Question 8

Can W seek contempt of court?

Answer 8

Only if PSA was part of court order.

Question 9

Divorce - which court to file in?

Answer 9

1) last cohabited place or
2) where P is domiciled and has lived for last 6 months

Question 10

If party is partnership, what is partnership’s citizenship for PJ?

Answer 10

Every state where partner is citizen

Question 11

Can claims be aggregated for diversity $75K requiremenet

Answer 11

Yes

Question 12

Where can D properly transfer venue to?

Answer 12

Where substantial part of COA arose AND where all Ds reside, if all the same

Question 13

Where does D reside for venue requirement purposes

Answer 13

Where it would be subject to PJ

Question 14

When can D implead a 3PD?

Answer 14

When D believes 3PD is liable for some or all of D’s liability

Question 15

3PD requirements:

Answer 15

SMJ and PJ

If no SMJ, can use supplemental JXN (same T/O)

Question 16

Trust beneficiaries include both

Answer 16

Current or future beneficial interests

Question 17

Duties that trustee owes to beneficiaries:

Answer 17

Duty of loyalty, prudence, and impartiality

Question 18

Duty of loyalty in trust context =

Answer 18

Not favouring own interests over B’s

Question 19

Prudence

Answer 19

Administer trust as a prudent person would, considering circumstances, terms, etc. reasonable caref

Question 20

Duty of impartiality:

Answer 20

Not favouring one B over another

Question 21

Even if trust allowed trustee to give in sole discretion, needs to be:

Answer 21

in GF and in accordance with terms and Bs’ interests

Question 22

Remove and replace trustee if

Answer 22

1) serious breach of trust OR
2) unwillingness/unfitness/persistent failure to administer trust

Question 23

UCC contract - how to get J to deliver 100 tons of apples?

Answer 23

1) Specific performance
2) Detinue or pre-trial seizure
3) Temporary injunction

Question 24

SP ok for contracts even if goods not unique?

Answer 24

Yes, UCC requirement on that relaxed now

Question 25

Pre-trial seizure - need to sow

Answer 25

at least one ground for attachment (e.g. about to sell in violation of law/obligation)

Question 26

defenses to SP/Detinue/Pre-trial seizure/TRO in UCC contract situation?

Answer 26

1) lack of consideration (not a good defense in requirement contracts, so requirement Ks don't need consideration, just GF and commercial fair dealing) 2) Misrepresentation/fraud - hard if not material

Question 27

Voluntary intoxication only a defense against mens rea requirement for

Answer 27

first-degree murder

Question 28

Conspiracy requires:

Answer 28

Shared intent and agreement to commit crime

Question 29

Who can bring breach of fid duty of loyalty claim against corporation?

Answer 29

Corporation itself or shareholders as derivative action on behalf of corp (not by SH individually)

Question 30

Business Judgment rule

Answer 30

GF and reasonable

Question 31

Cap on liability for officers and directors for breach of fid duty ok?

Answer 31

Yes, but doesn't cover wilful misconduct

Question 32

Sometimes court can enter judgment against defaulting defendant

Answer 32

for the relief appearing to the court to be due