MASTER LIST OF TERMS AND DEFINITIONS

Question 1

3

JOINING A CONSPIRACY ALREADY IN PROGRESS

Answer 1

1. WHERE DEFENDANT JOINS AN ALREADY IN PROGRESS CONSPIRACY
2. MOST COURTS WILL HOLD DEFENDANT NOT LIABLE FOR PRIOR CRIMES OF CO-CONSPIRATORS
3. UNLESS DEFENDANT SEEKS TO BENEFIT FROM THOSE PRIOR CRIMES.

Question 2

2

MEASURE OF DAMAGES FOR THE NONBREACHING BUYER WHO PROCURES COVER

Answer 2

1. EXCESS OF THE COVER PRICE
2. OVER THE CONTRACT PRICE

Question 3

5

PARTY NECESSARY FOR JUST ADUDICATION REQUIREMENTS (19A)

Answer 3

1. COMPLETE RELIEF CANNOT BE ACCORDED TO THOSE ALREADY IN LAWSUIT
2. THE PARTY’S ABSENCE MAY IMPEDE HIS/HER ABILITY TO PROTECT INTEREST
3. RISK OF MULTIPLE OR INCONSISTENT OBLIGATIONS W/OUT PARTY
4. MISSING PARTY SUBJECT TO SERVICE OF PROCESS
5. JOINDER WON’T DESTROY DIVERSITY

Question 4

5

LIFE ESTATE - OTF2C

Answer 4

1. OWNERSHIP - FOR THE STATED LIFE OF A PERSON.
2. TRANSFERABILITY - ALIENABLE, DEVISABLE, DESCENDIBLE, SUBJECT TO THE DURATION OF THE LIFETIME.
3. FUTURE INTEREST GRANTOR OWNS - REVERSION (IF HELD BY GRANTOR.)
4. FUTURE INTEREST THIRD PARTY OWNS - REMAINDER (IF HELD BY THIRD PARTY)
5. CREATED BY - WORDS OF IDENTIFICATION

Question 5

3

FEDERAL - PROTECTED ATTORNEY/WORK PRODUCT CAN BE GENERATED BY

Answer 5

1. ATTORNEY
2. THE PARTY FOR ATTORNEY’S USE
3. THE PARTY’S REPRESENTATIVE FOR ATTORNEY’S USE

Question 6

3

NOTIONS OF FAIR PLAY AND SUBSTANTIAL JUSTICE ARE NOT OFFENDED WHERE

Answer 6

1. CLAIM IS RELATED TO DEFENDANT’S CONTACT WITH THE FORUM STATE
2. DEFENDANT HAS CONTINOUS OR SYSTEMATIC CONTACT WITH THE FORUM STATE
3. FORUM IS NOT GRAVELY DIFFICULT AND INCONVENIENT FOR THE DEFENDANT.

Question 7

2

DEFENSE OF LEGAL IMPOSSIBLITY AS DEFENSE TO ATTEMPT CRIME

Answer 7

1. DEFENDANT MAY RAISE DEFENSE OF LEGAL IMPOSSILBITY TO AN ATTEMPT CRIME
2. WHERE SUBSTANTIAL STEP WAS TAKEN WAS TOWARD AN ACT THAT WASN’T ACTUALLY ILLEGAL.

Question 8

3

ASSUMPTION OF RISK AS A DEFENSE TO PRODUCTS LIABILITY WHERE PLAINTIFF HAD TO USE THE PRODUCT

Answer 8

1. WHERE PLAINTIFF KNOWS OF THE RISKS OF THE PRODUCT
2. BUT HAS NO CHOICE BUT TO CONTINUE USING THE PRODUCT
3. ASSUMPTION OF RISK IS NOT AN AVAILABLE DEFENSE

Question 9

2

VOLUNTARY DISSOLUTION OF A CORPORATION MUST BE APPROVED BY

Answer 9

1. MAJORITY OF VOTING SHAREHOLDERS
2. BOARD OF DIRECTORS WHERE CORP INSOLVENT

Question 10

2

ABA - LAWYERS ARE NOT ALLOWED TO MAKE LOANS IN CONNECTION W/LITIGATION EXCEPT ADVANCING LITIGATION COSTS FOR

Answer 10

1. CONTINGENCY CASE
2. CASE W/ INDIGENT CLIENT

Question 11

1

MBE MISSED - COMMERCIAL SPEECH RECIEVES THIS LEVEL OF SCRUTIY

Answer 11

1. INTERMEDIATE SCRUTINY

Question 12

2

REMEDY FOR VIOLATING 10b-5 (INSIDER TRADING)

Answer 12

1. DIFFERENCE BETWEEN PROCEEDS AND HONEST TRADE
2. MUST BE DISGORGED TO CORPORATION

Question 13

4

ABSOLUTE PRIVILEGE FOR ATTORNEY WORK PRODUCT APPLIES TO:

Answer 13

1. MENTAL IMPRESSIONS
2. LEGAL THEORIES
3. OPINIONS
4. CONCLUSIONS

Question 14

3

ABANDONMENT OPTIONS FOR LANDLORD

Answer 14

1. ACCEPT ABANDONMENT AND TERMINATE LEASE OR
2. RELET PREMISES ON BEHALF OF TENANT (WITH NOTICE) OR
3. LEAVE PREMISES VACANT AND CONTINUE TO COLLECT RENT (MODERNLY W/DUTY TO MITIGATE)

Question 15

2

LIMITATION ON FEE AMOUNTS - ATTORNEY FEES MUST NOT BE

Answer 15

1. ABA - UNREASONABLE
2. CA- UNCONSCIONABLE

Question 16

4

WRITING REQUIREMENT FOR FEES (CA)

Answer 16

1. ALWAYS FOR CONTINGENCY CASES
2. NON-CONTINGENCY CASES - WHERE REASONABLY FORESEEABLE THAT FEES WILL EXCEED 1K
3. OR REGULAR WORK FOR REGULAR CLIENT
4. OR CLIENT IS CORPORATION

Question 17

3

AMENDING CORPORATE BYLAWS REQUIREMENTS

Answer 17

1. APPROVAL OF SHAREHOLDERS
2. APROVAL OF DIRECTORS
3. FILING OF CHANGED ARTICLES WITH SECRETARY OF STATE

Question 18

4

UNVAILABITY IS REQUIRED FOR THESE HEARSAY EXCEPTIONS

FAD PINKERTON

Answer 18

1. FORMER TESTIMONY
2. STATEMENT AGAINST INTEREST
3. DYING DECLARATION
4. STATEMENT OF PERSONAL OR FAMILY HISTORY

Question 19

5

WHEN IS A STATEMENT NOT HEARSAY?

Answer 19

1. STATEMENT OFFERED FOR IMPEACHMENT
2. VERBAL ACTS OR PARTS OF ACTS
3. OFFERED TO SHOW EFFECT ON LISTENER OR READER
4. VERBAL OBJECTS
5. CIRCUMSTANTIAL EVIDENCE OF STATE OF MIND

Question 20

2

INTEGRATION OF DOCUMENTS INTO WILL - REQUIREMENTS

Answer 20

1. DOCUMENTS WERE PRESENT AT THE TIME TESTATOR EXECUTED WILL AND
2. TESTATOR INTENDED THEM TO BE PART OF HIS WILL

Question 21

4

CATCHALL HEARSAY EXCEPTION

Answer 21

1. STATEMENT HAS CIRCUMSTANTIAL GUARANTEES OF TRUSTWORTHINESS
2. OFFERED AS EVIDENCE OF MATERIAL FACT
3. MORE PROBATIVE ON THE POINT THAN ANY OTHER PRESENTLY AVAILABLE EVIDENCE.
4. ADMISSION SERVES THE INTEREST OF JUSTICE.

Question 22

4

OF SOUND MIND - NO CAPACITY WHERE TESTATOR INFLUENCED BY

Answer 22

1. FRAUD
2. DURESS
3. MENACE
4. UNDUE INFLUENCE

Question 23

2

VALID WILL - WILL STILL VALID W/NO WITNESSES WHERE THE WILL PROPONENT CAN PROVE

Answer 23

1. TESTAMENTARY INTENT
2. WITH CLEAR AND CONVINCING EVIDENCE

Question 24

3

REQUIREMENT FOR RECOVERING PUNITIVE DAMAGES FOR DEFAMATION - PLAINTIFF MUST PROVE

Answer 24

1. ACTUAL MALICE
2. FALSE STATEMENT WAS MADE WITH KNOWLEDGE OF THE STATEMENT’S FALSITY
3. OR BLATANT DISREGARD FOR THE TRUTH

Question 25

# 9 PROP 8 EXEMPTIONS | (DR MAMMAL COUNTS SHEEP)

Answer 25

1. **DEFENDANT MUST OPEN THE DOOR** TO CHARACTER EVIDENCE 2. **RAPE SHIELD** LAWS STILL APPLY 3. NO CONTEMPT FOR **MEMBER OF MEDIA** 4. **COURT** STILL HAS POWER TO EXCLUDE FOR CEC 252 5. **SECONDARY EVIDENCE RULE** 6. **HEARSAY** 7. **EXCLUSIONARY** RULES FROM U.S. CONSTUTION 8. **EXCLUSIONARY** RULES PASSED BY 2/3 OF CA LEGISLATURE POST 1982 9. **PRIVILEGES** STILL APPLY

Question 26

# 2 FREE SPEECH REGULATION LIMITATION - UNFETTERED DISCRETION

Answer 26

1. DOES NOT SET FORTH NARROW AND SPECIFIC GROUNDS LIMITING DECISION MAKER 2. PERMIT MECHANISMS ARE NOT NARROWLY TAILORED TO REGULATION'S OBJECTIVE

Question 27

# 3 CEC: ON CROSS-EXAMINATION, PROSECUTOR MAY REBUT DEFENDANT'S CHARACTER EVIDENCE WITH

Answer 27

1. REPUTATION EVIDENCE 2. OPINION EVIDENCE 3. NO PAST BAD ACTS (SUBJECT TO PROP. 8)

Question 28

# 3 SCOPE OF REPRESENTATION

Answer 28

1. CLIENT DETERMINES END GOALS OF REPRESENTATION 2. MAKES MAJOR DECISIONS IN LINE WITH THESE GOALS 3. ATTORNEY DETERMINES MEANS OF ACCOMPLISHING GOALS

Question 29

# 3 BALANCING OF HARDSHIPS IN AWARDING INJUNCTION - EXTRA CONSIDERATION FACTORS

Answer 29

1. LARGE DISPARITY WEIGHS IN FAVOR OF SEVERELY IMPACTED PARTY 2. WILLFUL MISCONDUCT WEIGHT AGAINST WRONGDOER 3. PUBLIC INTEREST CONCERNS

Question 30

# 2 VOTING TRUST ELEMENTS

Answer 30

1. SHARES ARE TRANSFERRED TO TRUSTEE 2. TRUSTEE VOTES AND DISTRIBUTES DIVIDENDS IN ACCORDANCE WITH WISHES OF THE TRUST

Question 31

# 3 IMPLIED ACTUAL AUTHORITY (AGENCY) CREATED BY

Answer 31

1. CUSTOM 2. PRIOR DEALINGS 3. AGENT'S REASONABLE BELIEF OF AUTHORITY NECESSARY TO ACCOMPLISH EXPRESSLY DIRECTED TASTS

Question 32

# 2 ACCOMPLICE LIABILITY

Answer 32

1. VICARIOUS CRIMINAL LIABILITY FOR ACTS OF CO-CRIMINALS 2. DIRECTLY AND FORESEEABLY RESULTING FROM DEFENDANT'S OWN CRIMINAL ACTS

Question 33

# 1 AFFECT OF PERFECT TENDER RULE ON NONBREACHING BUYER'S ABILITY TO ACCEPT OR REJECT NON-CONFORMING GOODS

Answer 33

1. THE NONBREACHING BUYER MAY ACCEPT OR REJECT NONCONFORMING GOODS.

Question 34

# 3 GENERAL RULE OF ASSIGNMENTS

Answer 34

1. PARTIES MAY TRANSFER INTERESTS IN LEASES 2. UNLESS AGREED OTHERWISE 3. PROHIBITIONS ON TRANSFERS **ARE** ENFORCEABLE.

Question 35

# 2 CONGRESSIONAL POWERS - NECESSARY AND PROPER CLAUSE

Answer 35

1. CONGRESS HAS AUTHORITY TO ENACT LAWS **NECESSARY AND PROPER TO ACCOMPLISH** ITS ENUMERATED POWERS 2. WHERE THE LAW IS **RATIONALLY RELATED TO THE IMPLIMENTATION** OF ITS ENUMERATED POWER

Question 36

# 1 WHAT IS A PRIMARY RIGHT?

Answer 36

1) PLAINTIFF'S RIGHT TO BE FREE FROM A PARTICULAR INJURY.

Question 37

# 2 UNDER THE DEFENSE OF PUBLIC AUTHORITY, POLICE OFFICER DEFENDANTS

Answer 37

1. HAVE A LIMITED PRIVILEGE 2. TO USE REASONABLE FORCE 3. IN THE PROPER PERFORMANCE OF THEIR DUTIES.

Question 38

# 1 MBE MISSED - WHERE SALE PROCEEDS WILL PAY OFF A MORTGAGE TO MAKE TITLE MARKETABLE, SELLER HAS

Answer 38

1. AN IMPLIED RIGHT TO USE PROCEEDS OF SALE TO PAY OFF MORTGAGE

Question 39

# 3 TRANSMUTATION - WRITING NOT REQUIRED FOR GIFTS BETWEEN SPOUSES WHERE

Answer 39

1. TANGIBLE ARTICLES OF PERSONAL NATURE 2. INSUBSTANTIAL IN VALUE 3. IN CONTEXT OF MARITAL CIRCUMSTANCES

Question 40

# 1 CONTRACT CHOICE OF LAW PROVISIONS - WHERE LAW CONFLICTS WITH CA PUBLIC POLICY, CA WILL APPLY CA LAWS WHERE

Answer 40

1. IT HAS A MATERIALLY GREATER INTEREST IN HAVING ITS OWN LAW APPLIED VS. THE OTHER STATE

Question 41

# 4 CONSTRUCTIVE TRUST

Answer 41

1. EQUITABLE REMEDY 2. IMPOSED BY COURTS 3. WHERE DEFENDANT IS UNJUSTLY ENRICHED BY PROPERTY 4. AND IT IS INEQUITABLE FOR HIM TO KEEP PROPERTY

Question 42

# 2 DISTRIBUTION OF ASSETS TO SURVIVING SPOUSE AT DEATH - DECEDENT SPOUSE WAS INTESTATE

Answer 42

1. SURVIVING SPOUSE ENTITLED TO DECEDENT'S SHARE OF CP AND QCP 2. SURVIVING SPOUSE ENTITLED TO 1/3 OF DECEDENT'S SP (DEPENDING ON SURVIVING PARENTS OR ISSUE)

Question 43

# 2 DEBT - TIMING - CHILD SUPPORT

Answer 43

1. LIABILITY FOR CHILD SUPPORT FOR A CHILD NOT A PRODUCT OF THE MARRIAGE IS TREATED AS A PRE-MARRIAGE DEBT 2. REGARDLESS OF WHEN SUPPORT ORDER ENTERED OR MODIFIED

Question 44

# 3 COMPOUNDING IS THE CRIME OF

Answer 44

1. TAKING MONEY OR SOMETHING OF VALUE 2. IN EXCHANGE FOR A PROMISE 3. TO NOT TO REPORT ANOTHER'S CRIME.

Question 45

# 2 DISTRIBUTION OF COMMNITY ASSETS AT DEATH - GENERAL RULE

Answer 45

1. ONE HALF CP AND QCP TO SURVIVING SPOUSE 2. ONE HALF CP AND QCP TO ESTATE

Question 46

# 3 WAIVER OF MIRANDA MUST BE MADE

Answer 46

1. VOLUNTARILY 2. KNOWINGLY 3. INTELLIGENTLY

Question 47

# 2 REVOCATION OF WILL - WHERE DEVISE MADE TO MULTIPLE BENEFICIARIES AND ONE BENFICIARY IS CROSSED OUT, WHO RECEIVES THE CROSSED OUT BENEFICIARY'S PORTION?

Answer 47

1. WILL RESIDUE RECEIVES CROSSED OUT PORTION 2. NOT REMAINING BENEFICIARIES

Question 48

# 2 QUASI-COMMUNITY PROPERTY

Answer 48

1. PROPERTY ACQUIRED BY SPOUSE WHILE DOMICILED ELSEWHERE 2. WHICH WOULD HAVE BEEN CP IF ACQUIRED WHILE DOMICILED IN CA

Question 49

# 1 COMPARATIVE FAULT - DEFENDANT MAY RAISE DEFENSE TO NEGLIGENCE WHERE

Answer 49

1. PLAINTIFF CONTRIBUTED A PERCENTAGE OF FAULT TO THE ACCIDENT

Question 50

# 2 CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATE LAW UNDULY BURDENING INTERSTATE COMMERCE WILL STILL BE VALID WHERE THE STATE

Answer 50

1. IS ACTING TO FURTHER IMPORTANT INTEREST 2. NO LESS DISCRIMINATORY ALTERNATIVES AVAILABLE.

Question 51

# 3 CA - REQUIREMENTS FOR LAWYERTO ABIDE BY CLIENT'S DECISIONS

Answer 51

1. NOT OBLIGATED TO ABIDE BY CLIENT'S DECISIONS 2. BUT MUST COMMUNICATE PLEA BARGAIN OR SETTLEMENT OFFER 3. KEEP CLIENT REASONABLY INFORMED ABOUT SIGNFICANT DEVELOPMENTS

Question 52

# 4 RULE 26 INITIAL DISCLOSURES OF FACT REQUIREMENTS (TIPD)

Answer 52

1. IDENTIFIES THOSE LIKELY TO HAVE INFORMATION ABOUT DISCOVERABLE FACTS 2. COPIES OR DESCRIPTIONS OF TANGIBLE EVIDENCE 3. DAMAGES COMPUTATION AND SUPPORTING DOCUMENTS 4. INSURANCE INFORMATION

Question 53

# 2 EXECUTIVE POWERS - LIMITATIONS ON EXECUTIVE ORDERS

Answer 53

1. NOT WHERE IN CONFLICT WITH FEDERAL STATUTE 2. NOT WHERE IN CONFLICT WITH U.S. CONSTITUTION

Question 54

# 2 INCOME AND LIABILITES ARISING FROM TRUST ASSETS - BENEFICIARIES

Answer 54

1. BENEFICIARIES MAY RECEIVE INTEREST INCOME FROM ASSETS 2. RESPONSIBLE FOR PAYING INTEREST ON LOAN DEBT, TAXES OR FOR MINOR REPAIRS

Question 55

# 3 TRANSMUTATIONS MADE ON OR AFTER 1985

Answer 55

1. AN EXPRESS DECLARATION 2. BY SPOUSE ADVERSELY AFFECTED 3. MADE IN WRITING

Question 56

# 2 MOTION FOR SUMMARY JUDGMENT ELEMENTS

Answer 56

1. PARTY ESTABLISHES NO TRIABLE ISSUE OF MATERIAL FACT 2. SO HE IS ENTITLED TO JUDGMENT AS A MATTER OF LAW

Question 57

# 1 REQUIREMENT FOR CONSIDERATION FOR MODFICATION UNDER COMMON LAW

Answer 57

1. AT COMMON LAW, A MODFICATION OF CONTRACT MUST BE SUPPORTED BY CONSIDERATION TO BE BINDING AT LAW.

Question 58

# 3 EASEMENT BY ESTOPPEL

Answer 58

1. HOLDER OF SERVIENT PARCEL ALLOWS USE 2. THAT CAUSES HOLDER OF DOMINANT PARCEL TO SUBSTANTIALLY CHANGE HIS POSITION 3. IN REASONABLE RELIANCE THAT ALLOWANCE WOULD NOT BE REVOKED.

Question 59

# 1 SOCKS

Answer 59

ARE GOOD FOR YOUR FEET

Question 60

# 2 DEADLINE TO FILE ANSWER TO FEDERAL CIVIL COMPLAINT

Answer 60

1. 21 DAYS OR 2. 60 DAYS IF SERVICE OF PROCESS WAIVED.

Question 61

# 1 DESTRUCTIBILITY OF CONTINGENT REMAINDERS AT COMMON LAW

Answer 61

1. WHERE REMAINDER WAS STILL CONTINGENT AT END OF PRECEEDING ESTATE, REMAINDER WAS DESTROYED.

Question 62

# 2 TIMELINESS - MOOTNESS EXCEPTIONS

Answer 62

1. UNLESS CAPABLE OF REPITITION YET EVADING REVIEW 2. VOLUNTARY CESSATION BY DEFENDANT WHO COULD RESUME INJURIOUS ACTIVITY

Question 63

# 3 PLAIN VIEW DOCTRINE IS APPLIED WHEN POLICE OFFICERS ARE

Answer 63

1. LEGITIMATELY AT PREMISES OR PLACE OF VIEWING 2. AND EVIDENCE, FRUITS OR INSTRUMENTALITIES OF CRIME OR CONTRABAND ARE IN PLAIN VIEW 3. OFFICERS HAVE PROBABLE CAUSE TO BELIEVE ITEM/S ARE/IS EVIDENCE OF A CRIME.

Question 64

# 1 MY DOG HAS

Answer 64

1. FLEAS

Question 65

# 2 DISTRIBUTION OF ASSETS AT DIVORCE - REAL PROPERTY OUTSIDE OF CALIFORNIA - COURT MAY

Answer 65

1. REQUIRE CONVEYANCE REAL PROPERTY OR 2. AWARD EQUIVALENT MONEY VALUE OF REAL PROPERTY TO SPOUSE WHO WOULD HAVE BENEFITTED FROM CONVEYANCE

Question 66

# 2 TRANSFER OF EASEMENTS - SERVIENT ESTATE

Answer 66

1. RUNS WITH THE LAND 2. UNLESS BFP TOOK FOR VALUE WITH _NO_ NOTICE

Question 67

# 2 TENANCY AT WILL - TENANCY IS CREATED BY

Answer 67

1. EXPRESS AGREEMENT 2. OR IMPLIED BY NO SIGNED LEASE AGREEMENT IN SOME JX.

Question 68

# 5 METHODS OF CREATING A TRUST

Answer 68

1. DECLARATION BY PROPERTY OWNER THAT HE HOLDS PROPERTY AS TRUSTEE 2. TRANSFER OF PROPERTY DURING OWNER'S LIFETIME TO A TRUSTEE 3. TESTAMENTARY TRANSFER OF PROPERTY TO A TRUST 4. EXERCISE OF POWER OF APPOINTEMENT TO APPOINT ANOTHER TRUSTEE 5. CONTRACT TO CREATE A TRUST

Question 69

# 3 FIDUCIARY DUTIES OWED BY SPOUSES - FULL DISCLOSURE OF MATERIAL FACTS - WHAT SPOUSES MUST DISCLOSE AND DO

Answer 69

1. COMMUNITY ASSETS 2. COMMUNITY DEBTS 3. PROVIDE EQUAL ACCESS TO THIS INFORMATION

Question 70

# 2 EARNINGS AND ACCUMULATIONS ARE DEEMED SEPARATE PROPERTY WHERE

Answer 70

1. LIVING APART AND SEPARATE FROM OTHER SPOUSE WITH NO CHILDREN 2. LEGAL SEPARATION

Question 71

# 7 DEFENSES TO INTENTIONAL TORTS - CORN PADS

Answer 71

1. CONSENT 2. OTHERS DEFENSE 3. NECESSITY 4. PRIVILEGE 5. ARREST 6. DISCIPLE 7. SELF-DEFENSE

Question 72

# 3 TIPPEES ARE LIABLE WHERE TIPEE

Answer 72

1. HAD SCIENTER 2. KNEW TIPPER BREACHED FIDUCIARY DUTY 3. AND TRADED ON INFORMATION ANYWAY

Question 73

# 2 PRIVATE NECESSITY TO PROTECT DEFENDANT'S OWN PROPERTY

Answer 73

1. QUALIFIED PRIVILEGE FOR REASONABLE ACTS 2. DEFENDANT WILL BE LIABLE FOR ALL DAMAGE CAUSED

Question 74

# 1 CRIMINAL PROSECUTOR DUTIES

Answer 74

1. MUST HAVE PROBABLE CAUSE TO BRING CHARGES

Question 75

# 1 CALIFORNIA REQUIRES THAT THIS BE GIVEN TO ALL CLIENTS WITH POTENTIAL COIS

Answer 75

1. WRITTEN NOTICE

Question 76

# 4 21 YEAR TERM LIMIT FOR TRUSTEE

Answer 76

1. TRUSTEE MAY ONLY SERVE FOR 21 YEARS AFTER SETTLORS DEATH 2. REGARDLESS OF TRUST TERMS 3. FOR NONCHARITABLE TRUST 4. OR TRUST FOR UNINCORPORATED SOCIETY

Question 77

# 3 NEGLIGENT ENTRUSTMENT- LIABILITY ARISES WHERE DEFENDANT

Answer 77

1. KNOWS OR SHOULD KNOW 3RD PARTY IS UNFIT TO USE A RESOURCES 2. ENTRUSTS 3RD PARTY WITH RESOURCE ANYWAY 3. 3RD PARTY'S LACK OF FITNESS PROXIMATELY AND ACTUALLY CAUSES PLAINTIFF INJURY

Question 78

# 1 DEMONSTRATIVE EVIDENCE MUST BE

Answer 78

1. A FAIR REPRESENTATION OF WHAT IS BEING DEMONSTRATED

Question 79

# 4 UNDUE INFLUENCE TRIGGERS - TESTATOR EXECUTES A WILL AND

Answer 79

1. LEAVES UNNATURAL DISPOSITION OF PROPERTY 2. BENEFICIARIES OF DISPOSITION HAD AN OPPORTUNITY TO INFLUENCE AND 3. TESTATOR WAS SUSCEPTIBLE TO INFLUENCE AND 4. BENEFICIARIES WERE ACTIVE IN PROCURRING DISPOSITION

Question 80

# 2 RECOGNIZING MARRIAGES FROM OTHER JURISDICTIONS

Answer 80

1. CA WILL RECOGNIZE MARRIAGE 2. WHERE MARRIAGE IS VALID IN THE JURISDICTION OF ORIGIN

Question 81

# 3 AFTER BOARD ADOPTS A RESOLUTION TO MAKE FUNDAMENTAL STRUCTURE CHANGE OF CORP, THE PROCESS OF SHAREHOLDER APPROVAL OF CHANGE IS ACCOMPLISHED BY

Answer 81

1. WRITTEN NOTICE TO SHAREHOLDERS OF PROPOSED RESOLUTION 2. SHAREHOLDERS APPROVE BY A MAJORITY OF ALL VOTES ENTITLED TO BE CAST

Question 82

# 2 A PROSECUTOR HAS PROBABLE CAUSE WHERE

Answer 82

1. FACTS KNOWN TO PROSECUTOR ARE SUFFICIENT TO A ALLOW A REASONABLE PERSON IN A SIMILAR POSITION 2. TO SERIOUSLY ENTERTAIN THE POSSIBILITY THAT DEFENDANT IS GUILTY OF THE CRIME CHARGED.

Question 83

# 3 UNDER THE M'NAUGHTEN RULE, THE DEFENDANT MAY RAISE THE DEFENSE OF INSANITY WHERE

Answer 83

1. DUE TO DISEASE OR DEFECT OF MIND 2. HE LACKED ABILITY TO RECOGNIZE THE NATURE OR QUALITY OF HIS ACTIONS 3. OR THAT HIS ACTIONS WERE WRONG.

Question 84

# 3 (CORPORATIONS) SECURITY INSTRUMENT IS A

Answer 84

1. FINANCIAL INTEREST 2. IN PROFITS 3. MADE BY THE ACTS OF OTHERS

Question 85

# 2 SARBANES-OXLEY ACT - THE PCOAB IS

Answer 85

1. AN INDEPENDENT BOARD 2. OVERSEEING PUBLIC ACCOUNTING FIRMS

Question 86

# 2 AMENDMENT OF INITIAL PLEADINGS (PLAINTIFF AND DEFENDANT)- FEDERAL COURT

Answer 86

1. PLAINTIFF MAY AMEND ONCE BEFORE DEFENDANT'S RESPONSE 2. DEFENDANT MAY AMEND ANSWER ONCE W/IN 21 DAYS OF SERVING ANSWER.

Question 87

# 2 SIXTH AMENDMENT RIGHT TO EFFECTIVE COUNSEL DOESN'T APPLY AT

Answer 87

1. PHOTO IDENTIFICATIONS 2. TAKING PHYSICAL EVIDENCE

Question 88

# 1 WAIVER OF CONDITION OCCURS WHEN

Answer 88

1. A CONDITION PRECEDENT FAILS, BUT PROMISOR PERFORMS CONTRACT DUTY ANYWAY

Question 89

# 2 APPRECIATION OF COMMUNITY BUSINESS AFTER SEPARATION - REVERSE VAN CAMP ELEMENTS

Answer 89

1. MANAGING PARTNER CONTINUES TO WORK AT COMMUNITY BUSINESS 2. CHARACTER OF BUSINESS CAUSES APPRECIATION

Question 90

# 5 TYPES OF EASEMENT CREATION

Answer 90

1. EXPRESS CREATION 2. CREATION BY IMPLICATION 3. CREATION BY NECESSITY 4. CREATION BY PRESCRIPTION 5. CREATION BY ESTOPPEL

Question 91

# 2 CA NOTICE AND SERVICE REQUIREMENNTS FOR CLASS ACTION

Answer 91

1. INDIVIDUAL NOTICE NOT REQUIRED 2. PUBLICATION IS FINE FOR SERVICE

Question 92

# 1 REPRESENTATION OF A CLIENT IN AN ACTION AGAINST A FORMER CLIENT

Answer 92

1. OK WHERE NO MATTERS IN PRESENT CASE ARE RELEVANT TO PREVIOUS CASE

Question 93

# 2 CALIFORNIA ALLOWS INTERVENTION WHERE THE PARTY HAS

Answer 93

1. DIRECT INVOLVEMENT WITH ISSUE IN DISPUTE IN CASE 2. BUT NOT IF PARTY HAS MERELY CONSEQUENTIAL INVOLVEMENT WITH ISSUE IN DISPUTE IN CASE.

Question 94

# 4 WHO ARE CORPORATE INSIDERS?

Answer 94

1. OFFICERS 2. DIRECTORS 3. SHAREHOLDERS 4. THOSE WITH MATERIAL, CONFIDENTIAL INFORMATION ABOUT CORPORATION.

Question 95

# 2 SHAREHOLDER DERIVATIVE LAWSUIT - RECOVERY GOES TO

Answer 95

1. CORPORATION 2. SHAREHOLDER IS PAID FOR HIS ATTORNEY'S FEES

Question 96

# 3 ATTORNEY SOLICITATION - ATTORNEY MAY NOT SOLICIT INDIVIDUALS TO ENGAGE REPRESENTATION

Answer 96

1. IN PERSON 2. LIVE ON TELEPHONE 3. WHERE NO FAMILIAL OR PROFESSIONAL RELATIONSHIP EXISTS.

Question 97

# 3 ULTRA VIRES ACTS

Answer 97

1. ACTS OUTSIDE THE CORPORATION'S REGISTERED PURPOSE 2. MODERNLY, GENERALLY **NOT** ENFORCEABLE 3. SHAREHOLDER MAY ENJOIN (FACT PATTERN REALITY)

Question 98

# 1 WRITING REQUIREMENT FOR FEES - ABA

Answer 98

1. FEE AGREEMENT MUST BE IN WRITING

Question 99

# 2 EQUITABLE DEFENSES - UNCLEAN HANDS MAY BE RAISED WHERE

Answer 99

1. PLAINTIFF CONDUCTED HERSELF UNFAIRLY 2. IN THE DISPUTED TRANSACTION

Question 100

# 3 AGENT MAY BE PERSONALLY LIABLE WHERE AGENT

Answer 100

1. ACTS W/NO AUTHORITY 2. DOESN'T DISCLOSE PRINCIPAL'S IDENTITY (PLAINTIFF HAS RIGHT OF ELECTION) 3. DOESN'T DISCLOSE EXISTENCE OF A PRINCIPAL OR PRINCIPAL'S IDENTITY (PLAINTIFF HAS RIGHT OF ELECTION)

Question 101

# 4 PROXIMATE CAUSE - CRIMINAL LAW

Answer 101

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 VICTIM'S INJURY 4. THE LAW IMPOSES CRIMINALLY LIABILITY.

Question 102

# 2 CONTRIBUTING MONEY OR SERVICES IN EXCHANGE FOR SHARE OF PROFIT OF A BUSINESS

Answer 102

1. WILL ONLY CREATE A PRESUMPTION 2. OF INTENT TO ACT AS CO-OWNERS OF A BUSINESS FOR PROFIT

Question 103

# 2 EMBEZZLEMENT - IN SOME JURSIDICTIONS, THE FINDER OF LOST PROPERTY

Answer 103

1. HOLDS IT IN A CONSTRUCTIVE TRUST FOR ITS RIGHTFUL OWNER 2. MAKING A LATER TAKING AN EMBEZZLEMENT.

Question 104

# 1 ATTORNEY'S DUTY OF HONESTY

Answer 104

1. AN ATTORNEY MUST NOT COUNSEL HIS CLIENT TO COMMIT FRAUDULENT ACTS

Question 105

# 1 PIERCING CORPORATE VEIL - CONSEQUENCES OF PIERCE THE CORPORATE VEIL

Answer 105

1. WRONGFUL CORPORATE ACTORS ARE HELD PERSONALLY LIABLE FOR THEIR ACTIONS.

Question 106

# 2 STRICT PER STIRPES

Answer 106

1. EQUAL DISTRIBUTION ON FIRST LEVEL 2. FIRST LEVEL'S ISSUE TAKES **STRICTLY** BASED ON PARENT'S SHARE

Question 107

# 2 WHEN DO THE RIGHTS OF THIRD PARTY INTENDED BENEFICIARIES VEST?

Answer 107

1. WHEN THE INTENDED THIRD PARTY BENEFICIARY BECOMES AWARE OF THE CONTRACT 2. AND ACTS IN RELIANCE ON THE SAME.

Question 108

# 2 NOTICE REQUIREMENT OF FEDERAL CLASS ACTION BASED ON QUESTIONS OF LAW COMMON TO CLASS PREDOMINATING QUESTIONS OF LAW COMMON TO INDIVIDUALS

Answer 108

1. NOTICE MUST BE GIVEN TO EVERY CLASS MEMBER 2. AND INCLUDE AN OPT OUT OPTION

Question 109

# 1 RATIFICATION OF CONTRACTS WHEN REACHING LEGAL AGE

Answer 109

1. UPON REACHING LEGAL AGE A CONTRACT MAY RATIFIED AND MADE BINDING.

Question 110

# 2 MANAGEMENT AND CONTROL OF COMMUNITY BUSINESS

Answer 110

1. SPOUSE IN CHARGE OF BUSINESS MAY MAKE BUSINESS DECISIONS ALONE 2. WRITTEN NOTICE MUST BE GIVEN TO OTHER SPOUSE WHEN DISPOSING ALL OR SUBSTANTIALLY ALL OF BUSINESS' ASSETS

Question 111

# 2 PRESCRIBED LEGAL REMEDY FOR CONVERSION

Answer 111

1. FORCED SALE OF CHATTEL TO DEFENDANT 2. PLAINTIFF MAY ALSO ELECT TO "WAIVE THE TORT" AND SEEK RESITUTION AT EQUITY

Question 112

# 3 PRIOR INCONSISTENT STATEMENT AND HEARSAY

Answer 112

1. PIS IS HEARSAY 2. ADMISSIBLE WHEN USED TO IMPEACH 3. NOT ADMISSIBLE AS SUBSTANTIVE PROOF OF THE MATTER.

Question 113

# 3 CALIFORNIA JURY COMPOSITION

Answer 113

1. **NUMBER:** 12, WITH ALTERNATES 2. **CHALLENGES FOR CAUSE:** UNLIMITED FOR EACH PARTY 3. **PREEMPTORY CHALLENGES:** SIX FOR EACH PARTY

Question 114

# 2 DEFENSE OF NECESSITY - TORT - DEFENDANT MAY RAISE DEFENSE OF NECESSITY WHERE HE

Answer 114

1. REASONABLY BELIEVED HIS ACTIONS WERE NECESSAARY TO AVOID A GREATER HARM 2. OR WAS THREATENED BY A PHSYICAL FORCE OF NATURE GREATER THAN THE HARM CAUSED BY HIS ACTS.

Question 115

# 1 LIQUIDATED DAMAGE CLAUSES SPECIFY

Answer 115

1. AN AMOUNT OF MONEY DAMAGES DUE IN THE EVENT OF BREACH

Question 116

# 2 REASONABLE SUSPICION FOR A TERRY STOP IS BASED ON

Answer 116

1. SPECIFIC AND ARTICULABLE FACTS AND 2. RATIONAL INFERENCES FROM THOSE FACTS

Question 117

# 1 VICTIM IMPACT STATEMENTS ARE NOT

Answer 117

1. CRUEL AND UNUSUAL PUNISHMENT

Question 118

# 4 PERSONAL LIABILITY INCURRED WHEN TRUSTEE

Answer 118

1. VIOLATES DUTIES 2. COMMITS TORTS OR TRUSTEE'S AGENT COMMITS TORTS IN THE SCOPE OF SUPERVISION 3. MAKES CONTRACTS IN THE SCOPE OF TRUST SUPERVISION, 4. UNLESS THE SUBJECT CONTRACT STATES OTHERWISE

Question 119

# 2 COMMUNITY REAL PROPERTY - DISPOSAL AND CONTROL - CONVEYANCE OF REAL PROPERTY BY ONE SPOUSE TO 3RD PARTY

Answer 119

1. CONVEYANCE OF REAL PROPERTY BY **ONE** SPOUSE TO A BFP PRESUMED VALID 2. CAN BY **VOIDED** BY OTHER SPOUSE WITHIN ONE YEAR OF FILING THE INSTRUMENT OF CONVEYANCE

Question 120

# 3 FORMER TESTIMONY EXCEPTION

Answer 120

1. DECLARANT UNAVAILABLE 2. FORMER TESTIMONY WAS GIVEN UNDER OATH 3. WITH OPPORTUNITY TO X-EXAMINE.

Question 121

# 4 CORPORATION

Answer 121

1. LEGAL ENTITY 2. EXISTING SEPARATELY FROM OWNERS 3. SHIELDS OWNERS FROM PERSONAL LIABILITY 4. FOR CORPORATE ACTIONS

Question 122

# 3 CONGRESSIONAL POWER - COMMERCE CLAUSE GIVES AUTHORITY TO REGULATE THESE ACTIVITIES

Answer 122

1. INTERSTATE ACTIVITY 2. INTRASTATE COMMERCIAL ACTIVITY WHERE RATIONAL BASIS TO BELIEVE IMPACT ON IC 3. INTRASTATE COMMERCIAL ACTIVITY WHERE RATIONAL BASIS TO BELIEVE CUMULATIVE IMPACT ON IC

Question 123

# 2 POLICE OFFICER DEFENDANT MAY USE DEFENSE OF AUTHORITY OF LAW WHERE

Answer 123

1. REASONABLE SUSPICION OF FELONY 2. OR CRIME COMMITTED IN OFFICER'S PRESENCE

Question 124

# 1 SIXTH AMENDMENT RIGHT TO EFFECTIVE COUNSEL COMMENCES AT

Answer 124

1. ANY POST CHARGE LINEUP OR SHOW-UP

Question 125

# 3 LEARNED INTERMEDIARY RULE

Answer 125

1. MANUFACTURER WHO PROVIDES NECESSARY WARNINGS 2. HAS FULFILLED DUTY OF CARE 3. WHERE SUBSEQUENT LEARNED INTERMEDIARY DOES NOT IMPART WARNINGS TO PLAINTIFF

Question 126

# 1 ASSIGNMENT FOR CONSIDERATION CREATES WHAT KIND OF CONTRACT?

Answer 126

1. AN IRREVOCABLE LEGAL CONTRACT.

Question 127

# 3 REPRESENTATION OF CLIENT WHERE ATTORNEY IS LIKELY TO BE A NECESSARY WITNESS

Answer 127

1. OK TO ADVOCATE FOR CLIENT UNTIL THE TRIAL 2. AT TRIAL, FIRM ASSOCATIONS MAY ADVOCATE 3. NOT ATTORNEY WITNESS

Question 128

# 3 TENANCY AT SUFFERANCE

Answer 128

1. **CREATION BY:** TENANT WRONGFULLY HOLDS OVER PAST EXPIRATION OF A VALID LEASE 2. **DURATION:** ANY PERIOD OF TIME TENANT WRONGFULLY OCCUPIES 3. **TERMINATION NOTICE REQUIREMENT**: N/A

Question 129

# 2 CONTRACTS - WHERE THE DEFENDANT MAY RAISE THE DEFENSE OF FRAUDS

Answer 129

1. WHERE HE WAS INDUCED TO ENTER THE CONTRACT THROUGH DELIBERATE CONCEALEMENT 2. OR MISREPRESENTATION OF MATERIAL FACTS

Question 130

# 1 DEADLINE TO FILE ANSWER IN STATE COURT - CA

Answer 130

1. 30 DAYS

Question 131

# 2 TOTTEN TRUST

Answer 131

1. SETTLOR PLACES MONEY IN BANK ACCOUNT 2. INSTRUCTS WHATEVER BALANCE REMAINS AT SETTLOR'S DEATH GOES TO BENEFICIARY

Question 132

# 2 ENCROACHMENT

Answer 132

1. TRESSPASS 2. WHERE DEFENDANT'S STRUCTURE INVADES PLAINTIFF'S PROPERTY

Question 133

# 2 SIXTH AMENDMENT RIGHT TO COUNSEL AND INTERROGATION FOR OTHER OFFENSES - INVOKING SIXTH AMENDMENT RIGHT TO COUNSEL

Answer 133

1. POLICE MAY STILL INTERROGATE DEFENDANT 2. ABOUT UNRELATED MATTERS

Question 134

# 1 UNDER THE CONFRONTATION CLAUSE, THE DEFENDANT IN A CRIMINAL CASE HAS A RIGHT TO

Answer 134

1. CONFRONT ADVERSE WITNESSES

Question 135

# 2 PARTY ADMISSION CAVEATS

Answer 135

1. ADMISSION DOES NOT NEED TO BE AGAINST INTEREST AT THE TIME STATEMENT MADE. 2. LACK OF PERSONAL KNOWLEDGE WILL NOT NECESSARILY EXCLUDE.

Question 136

# 3 WHEN TO USE VAN CAMP AND PEREIRA FOR CP CONTRIBUTIONS TO SP BUSINESSES

Answer 136

1. BUSINESS WAS OWNED PRIOR TO MARRIAGE 2. BUSINESS WAS PURCHASED WITH SP DURING MARRIAGE 3. BUSINESS WAS INHERITED DURING MARRIAGE

Question 137

# 4 SPECIFIC GIFTS - SPECIAL RULES FOR STOCK

Answer 137

1. STOCK SPLITS GO TO BENEFICIARY OF STOCK 2. JURISDICTIONAL SPLIT ON STOCK DIVIDENDS 3. COURT'S LOOK TO TESTATOR'S INTENT 4. TESTATOR OWNERSHIP OF STOCK AT TIME OF DEATH USUALLY INDICATES INTENT TO BEQUEATH DIVIDENDS TO BENEFICIARY

Question 138

# 3 QUERIES FOR PROPERTY ESSAYS

Answer 138

1. PROPERTY ACQUISITON ISSUES? 2. PROPERTY INTEREST ISSUES? 3. PROPERTY LIMITATION ISSUES?

Question 139

# 4 SHAREHOLDER LAWSUIT - REQUIREMENTS TO BRING A DERIVATIVE LAWSUIT

Answer 139

1. MUST BE A SHAREHOLDER 2. DEMAND MUST BE MADE TO DIRECTORS FOR REDRESS OF INJURY TO CORP 3. DEMAND MUST BE REJECTED 4. OR DEMAND MUST BE FUTILE

Question 140

# 1 MONEY RESTITUTION

Answer 140

1. PLAINTIFF IS AWARDED MONETARY VALUE OF BENEFIT RECEIVED BY DEFENDANT

Question 141

# 3 WHAT CONSITUTES "TRADING" FOR 16B

Answer 141

1. PROFITABLE PURCHASE 2. PROFITABLE SALE 3. OF COMPANY EQUITY STOCK

Question 142

# 4 LANDOWNER HAS A RIGHT TO USE AND POSSESSION OF THESE PHYSICAL AMENITIES OF HIS OWN PROPERTY

Answer 142

1. AIRSPACE 2. SURFACE 3. SOIL 4. LAND SUPPORT BY ADJOINING LAND

Question 143

# 1 STATEMENTS FOR MEDICAL DIAGNOSIS/TREATMENT HEARSAY EXCEPTION

Answer 143

1. WHERE MADE TO ASSIST MEDICAL PERSONNEL WITH DIAGNOSIS OR TREATMENT

Question 144

# 1 MBE MISSED - JURY INSTRUCTIONS REGARDING JUDICIALLY NOTICED FACT IN A CRIMINAL CASE - JUDGE MAY ONLY INSTRUCT JURY THAT IT

Answer 144

1. MAY OR MAY NOT FIND THE NOTICED FACT CONCLUSIVE.

Question 145

# 3 MBE MISSED - CONGRESS MAY DELEGATE ITS LEGISLATIVE POWERS WHERE IT

Answer 145

1. ACTUALLY HAS THE POWER IT'S DELEGATING 2. POWER IS DELEGABLE 3. SETS ADEQUATE STANDARDS TO GOVERN THE EXERCISE OF THE POWER DELEGATED

Question 146

# 3 REQUIREMENTS FOR LEGAL SUCCESSION RELATIONSHIP BETWEEN STEP OR FOSTER CHILDREN AND STEP OR FOSTER PARENT

Answer 146

1. RELATIONSHIP BEGAN IN MINORITY 2. CONTINUED THROUGHOUT PARTIES' LIFETIMES 3. LEGAL BARRIER PREVENTED ADOPTION

Question 147

# 2 LIMITED LIABILITY PARTNERSHIP

Answer 147

1. TYPE OF PARTNERSHIP 2. WHERE PARTNERS ARE NOT LIABLE FOR THE OBLIGATIONS OF THE PARTNERSHIP

Question 148

# 2 NOMINAL DAMAGES AWARDED WHERE

Answer 148

1. PLAINTIFF'S RIGHTS WERE VIOLATED 2. BUT PLAINTIFF SUSTAINED NO MEASURABLE LOSS

Question 149

# 3 CHILDREN BORN OUTSIDE OF LEGALLY RECOGNIZED MARRIAGE CAN INHERIT FROM FATHER WHERE

Answer 149

1) SUBSEQUENT MARRIAGE OF PARENTS 2) ADJUDICATION OF PATERNITY DURING PARENTS' LIFETIME 3) CLEAR AND CONVINCING EVIDENCE OF PATERNITY AFTER FATHER'S DEATH

Question 150

# 2 ACCESSORY AFTER THE FACT IS A PARTY WHO

Answer 150

1. HELPS THE OFFENDER ESCAPE DETECTION, CAPTURE OR PUNISHMENT 2. DESPITE KNOWLEDGE THAT OFFENDER HAS COMMITTED A CRIME.

Question 151

# 4 FACTORS CONSIDERED WHEN EVALUATING WHETHER BAIL IS EXCESSIVE

Answer 151

1. SERIOUSNESS OF OFFENSE 2. WEIGHT OF EVIDENCE AGAINST DEFENDATN 3. DEFENDANT'S FINANCIAL ABILITIES 4. DEFENDANT'S CHARACTER

Question 152

# 2 ABUSE OF PROCESS ARISES WHERE

Answer 152

1. DEFENDANT BRINGS LEGAL ACTION AGAINST PLAINTIFF FOR IMPROPER PURPOSE 2. OR OUT OF MALICE

Question 153

# 4 COLLATERAL ORDER DOCTRINE - TESTING ELIGIBILITY FOR INTERLOCUTORY APPEALS IN FEDERAL COURT

Answer 153

1. OUTCOME OF CASE WILL BE CONCLUSIVELY DETERMINED BY THE ISSUE 2. MATTER BEING APPEALED IS COLLATERAL TO THE MERITS 3. MATTER WILL BE EFFECTIVELY UNREVIEWABLE IF IMMEDIATE APPEAL NOT ALLOWED. 4. NOVEL ISSUE WHERE REASONABLE JURISTS COULD HAVE A DIFFERENCE OF OPINION.

Question 154

# 2 DEFENDANT MAY USE THE DEFENSE OF CONSENT TO INTENTIONAL TORTS WHERE ACT COMMITTED WAS

Answer 154

1. CONSENTED TO BY FULLY INFORMED PLAINTIFF WITH LEGAL CAPACITY 2. DID NOT CAUSE SERIOUS BODILY HARM

Question 155

# 4 SPECIAL CLASSIFICATIONS - EDUCATION - COMMUNITY REIMBURSED WHERE AND HOW ACCRUED

Answer 155

1. COMMUNITY MATERIALLY CONTRIBUTED TO EDUCATION 2. SUBSTANTIALLY ENHANCING EDUCATED SPOUSE'S EARNING POTENTIAL 3. REIMBURSEMENT INCLUDES INTEREST 4. ACCRUING FROM THE END OF CALENDAR YEAR CONTRIBUTION WAS MADE

Question 156

# 4 PROCEDURAL DUE PROCESS - FAIR PROCESS FOR JUDICIAL MATTERS INCLUDES A RIGHT TO

Answer 156

1. HEARING 2. COUNSEL 3. FAIR TRIAL 4. APPEAL

Question 157

# 1 BREACH OF DUTY OCCURS WHERE

Answer 157

1. DEFENDANT FAILS TO EXERCISE THE SAME DEGREE OF CARE A REASONABLY PRUDENT PERSON WOULD USE IN THE SAME SITUATION.

Question 158

# 3 SPECIAL CLASSIFICATIONS - DISABILITY

Answer 158

1. IF INTENDED TO REPLACE SPOUSE'S INCOME AFTER DISABILITY - SP 2. IF PURCHASED WITH COMMUNITY FUNDS AND INTENDED TO PROVIDE RETIREMENT BENEFITS - CP 3. FOR DISTRIBUTION, CP UNTIL SEPARATION, AND THEN SP OF DISABLED SPOUSE

Question 159

# 1 FEE SPLITTING IS LIMITED TO

Answer 159

1. LAYWERS ONLY

Question 160

# 2 PERIODIC TENANCY - DURATION - END DATE

Answer 160

1. NO STATED END DATE 2. MUST TERMINATE ON A DATE NATURAL TO A LEASE PERIOD

Question 161

# 4 FEDERAL JURY COMPOSITION N,C,PC,V

Answer 161

1. **NUMBER:** 6-12 2. **CHALLENGES FOR CAUSE:** UNLIMITED FOR EACH SIDE 3. **PREEMPTORY CHALLENGES:** THREE FOR EACH SIDE 4. **VERDICT REQUIRES:** UNANIMOUS DECISION

Question 162

# 5 MOTION FOR NEW TRIAL - GROUNDS

Answer 162

1. PREJUDICIAL ERROR MAKING JUDGMENT UNFAIR 2. NEW EVIDENCE PREVIOUSLY UNAVAILABLE DESPITE DUE DILIGENCE 3. PREJUDICIAL MISCONDUCT 4. JUDGMENT IS AGAINST WEIGHT OF THE EVIDENCE 5. EXCESSIVE OR INADEQUATE DAMAGES

Question 163

# 1 DEFENSE OF INSANITY

Answer 163

1. DEFENDANT MAY RAISE DEFENSE OF INSANITY TO NEGATE CRIMINAL INTENT

Question 164

# 5 PERMANENT LEGAL INJUNCTION REQUIRES A SHOWING OF

Answer 164

1. **LEGAL REMEDY INADEQUATE** 2. PROPERTY **RIGHT INVOLVED /**(MODERNLY **PROTECTABLE INTEREST)** 3. **FEASIBILITY** OF ENFORCEMENT 4. **BALANCING OF HARDSHIPS** IN FAVOR OF GRANTING 5. **NO AVAILABLE DEFENSE**S AGAINST GRANTING INJUNCTION

Question 165

# 3 THESE ADMINISTRATIVE SEARCHES ARE NOT SUBJECT TO THE FOURTH AMENDMENT

Answer 165

1. BOOKING SEARCHES 2. SEARCHES DONE TO ENSURE SAFETY 3. RECORDED INVENTORY OF SUSPECT'S PERSONAL ITEMS

Question 166

# 2 UNDER THE BEST EVIDENCE RULE, ORAL TESTIMONY IS OK TO PROVE CONTENTS OF A WRITING ONLY WHERE ORIGINAL WRITING WAS

Answer 166

1. LOST OR 2. DESTROYED

Question 167

# 2 TRANSFER OF EASEMENTS - EASEMENT IN GROSS AND THE EASEMENT HOLDER

Answer 167

1. **IN GROSS AT COMMON LAW** - NO TRANSFER 2. **IN GROSS MODERNLY** - COMMERCIAL EASEMENTS TRANSFERRABLE.

Question 168

# 1 EVIDENCE - CRIMINAL - FOR CHARATER EVIDENCE TO BE ADMISSIBLE, IT MUST ALWAYS BE

Answer 168

1. PERTINENT TO THE CASE

Question 169

# 5 PRETERMITTED CHILD

Answer 169

1. BORN AFTER EXECUTION OF WILL 2. RECEIVES INTESTATE SHARE 3. UNLESS T HAD OTHER CHILDREN AND LEFT ESTATE TO PARENT OF PRETERMITTED CHILD 4. OR LEAVES SUBSTANTIALLY ALL OF ESTATE TO SS WHO IS CHILD'S PARENT 5. OR INTENTIONALLY OMITTED ON FACE OF WILL

Question 170

# 1 DUTY TO SEEK JUSTICE/NOT PURSUE CHARGES W/OUT PROBABLE CAUSE - PROSECUTOR MUST

Answer 170

1. ONLY PROSECUTE CASES WHERE SUPPORTED BY PROBABLE CAUSE

Question 171

# 3 WARRANT FORMALITY REQUIREMENTS

Answer 171

1. OFFICER SUBMITS AFFADAVIT WITH 2. DESCRIPTION OF PARTICULARS OF PREMISES TO BE SEARCHED 3. DESCRIPTIONS OF ITEMS TO BE SEIZED.

Question 172

# 4 DEFINITION OF INJUNCTION

Answer 172

1. DECREE ORDERING A PARTY 2. TO PERFORM 3. OR REFRAIN FROM PERFORMING 4. A CERTAIN ACT

Question 173

# 2 SEARCH WARRANT - PROBABLE CAUSE EXISTS TO SEARCH WHERE ITEMS SEARCHED FOR ARE CONNECTED TO

Answer 173

1. CRIMINAL ACTIVITY 2. THE PREMISES TO BE SEARCHED.

Question 174

# 2 CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATE LAW UNDULY BURDENS INTERSTATE COMMERCE WHERE

Answer 174

1. BURDEN ON COMMERCE OUTWEIGHS 2. LOCAL INTERESTS PROTECTED OR BENEFITTED BY LEGISLATION

Question 175

# 3 AMELIORATIVE WASTE

Answer 175

1. PRESENT INTEREST HOLDER 2. MAKES UNPERMITTED CHANGES TO PROPERTY 3. IMPROVE ITS VALUE

Question 176

# 2 COMMUNITY PROPERTY USED TO PAY PURCHASE PRICE OF SEPARATE PROPERTY - FORMULA FOR FINDING COMMUNITY SHARE

Answer 176

1. FIND COMMUNITY INTEREST 2. MULTIPLY BY AMOUNT OF CAPITAL APPRECIATION

Question 177

# 2 EVIDENCE - CRIMINAL - CEC - THE PROSECUTION CAN INTRODUCT INSTANCES OF THESE FORMER CRIMES TO SHOW CONDUCT IN CONFORMITY -

Answer 177

1. DOMESTIC VIOLENCE 2. ELDER ABUSE

Question 178

# 2 IMPLIED COVENANT OF QUIET ENJOYMENT IN A LEASE AGREEMENT

Answer 178

1. LANDLORD OR HIS AGENTS WILL NOT INTERFERE 2. WITH THE TENANT'S USE OR ENJOYMENT OF THE PRESMISES

Question 179

# 2 STATE OF MIND EXCEPTION NOT ADMISSIBLE TO PROVE

Answer 179

1. A FACT REMEMBERED OR BELIEVED 2. UNLESS IT RELATES TO DECLARANT'S WILL

Question 180

# 2 ALLOCATION OF TRUST ASSETS - TRUSTEE'S ALLOCATION POWERS - TRUSTEE CAN USE

Answer 180

1. BEST JUDGMENT TO CHANGE ALLOCATION 2. TO FOLLOW SETTLOR'S INTENT

Question 181

# 3 FORMATION OF AGENCY RELATIONSHIP - ABC

Answer 181

1. AGREEMENT BETWEEN PARTIES 2. BENEFIT TO PRINCIPAL 3. CONTROL OF AGENT'S CONDUCT BY PRINCIPAL

Question 182

# 2 TO TRANSMUTE CP TO SP IN OR AFTER 1985, THE SPOUSE ADVERSELY AFFECTED MUST

Answer 182

1. MAKE AN EXPRESS WRITTEN DECLARATION 2. OF INTENT TO TRANSMUTE CP ASSET TO SP

Question 183

# 2 FACTUAL REQUIREMENT FOR JOINING CLAIMS FOR SUPPLEMENTAL JURISDICTION

Answer 183

1. CLAIMS MUST SHARE A COMMON NUCLEUS OF OPERATIVE FACT 2. ARISING FROM THE SAME TRANSACTION OR OCCURRENCE.

Question 184

# 1 THE DURATION OF A TENANCY AT SUFFERANCE IS

Answer 184

1. ANY PERIOD OF TIME TENANT WRONGFULLY OCCUPIES

Question 185

# 3 ALLOWED INFERENCES OF PRESENT TESTAMENTARY INTENT

Answer 185

1. SPECIFIC BEQUESTS 2. SIGNATURES 3. OTHER EXTRINSIC EVIDENCE

Question 186

# 2 ACTUAL CAUSE - CRIMINAL LAW - ACTUAL CAUSE IS

Answer 186

1. A CAUSAL ACT 2. THAT BUT FOR ITS OCCURRENCE 3. THE INJURY TO VICTIM WOULD NOT HAVE OCURRED.

Question 187

# 3 DELIVERY REQUIREMENTS OF DEED

Answer 187

1. GRANTOR MANIFESTS ASCERTAINABLE INTENT TO MAKE DEED EFFECTIVE 2. INTENT CAN BE INFERRED 3. EVEN IF ACTUAL POSSESSION OF THE DOCUMENT ITSELF IS POSTPONED

Question 188

# 2 DISTRIBUTION OF COMMNITY ASSETS AT DEATH - GENERAL RULE

Answer 188

1. ONE HALF CP AND QCP TO SURVIVING SPOUSE 2. ONE HALF CP AND QCP TO ESTATE

Question 189

# 1 REVERTER

Answer 189

1. FUTURE INTEREST HELD BY THE GRANTOR

Question 190

# 2 CONSEQUENCE OF FAILURE TO DENY, ADMIT OR CLAIM LACK OF INFORMATION ON ANSWER RESPONSES - FEDERAL

Answer 190

1. FAILURE TO RESPOND MAY CONSTITUTE AN ADMISSION 2. IN ANY SECTION EXCEPT DAMAGES

Question 191

# 2 CORPORATE DIRECTORS AND OFFICERS - BREACH OF FIDUCIARY DUTY OF LOYALTY AND CREATE A CONFLICT OF INTEREST BY:

Answer 191

1. USURPING CORPORATE OPPORTUNITY 2. COMPETITING WITH CORPORATION

Question 192

# 2 UCC 2-209 SOF AFFECT ON CONTRACT MODIFICATIONS

Answer 192

1. MODFICATIONS OF CONTRACT FOR GOODS IN EXCESS OF 50 DOLLARS MUST BE MADE IN WRITING TO BE ENFORCEABLE AT LAW 2. IF MODIFICATIONS AREN'T IN WRITING, THEY BECOME RETRACTABLE WAIVERS OF CONDITIONS

Question 193

# 1 NEGATIVE EASEMENT

Answer 193

1. PROHIBITS AN OWNER FROM DOING SOMETHING ON HIS OWN LAND.

Question 194

# 4 ALLOWED SHAREHOLDER AGREEMENTS

Answer 194

1. VOTING TRUST 2. VOTING AGREEMENT 3. MANAGEMENT AGREEMENT 4. RESTRICTIONS ON STOCK TRANSFERS

Question 195

# 4 LIABLITY ARISES FOR NEGLIGENT SUPERVISION WHERE DEFENDANT IS

Answer 195

1. GUARDIAN OF A MINOR 2. WITH AWARENESS OF MINOR'S TENDENCY TO CREATE AN UNREASONABLE RISK OF HARM TO OTHERS 3. AND OPPORTUNITY TO CONTROL THE TENDENCY 4. CAUSING PLAINTIFF INJURY

Question 196

# 3 MPC INSANITY TEST - UNDER MODEL PENAL CODE, DEFENDANT MAY RAISE DEFENSE OF INSANITY WHERE

Answer 196

1. DUE TO MENTAL DISEASE OR DEFECT 2. HE LACKED SUBSTANTIAL CAPACITY TO RECOGNIZE CRIMINALITY OR CONDUCT 3. OR CONFORM HIS CONDUCT TO THE LAW.

Question 197

# 3 REMEDY OF NON-BREACHING SELLER OF REJECTED CONFORMING GOODS UNDER THE UCC

Answer 197

1. AFTER NOTICE TO THE BREACHING BUYER 2. MAY SALE THE GOODS AT A PUBLIC OR OR PRIVATE SALVAGE SALE 3. DEMAND THE EXCESS OF THE CONTRACT PRICE OVER THE SALVAGE SALE PRICE FROM BREACHING BUYER

Question 198

# 1 INCIDENTAL DAMAGES ARE ONLY AVAILABLE FOR THESE KINDS OF CONTRACTS

Answer 198

1. CONTRACTS FOR THE SALE OF GOODS

Question 199

# 1 AGENT'S LINGERING APPARENT AUTHORITY AFTER PRINCIPAL-AGENT RELATIONSHIP TERMINATES APPLIES TO

Answer 199

1. THIRD PARTIES AGENT HAS PREVIOUSLY TRANSACTED WITH

Question 200

# 3 UNDER THE INTERMEDIATE REVIEW STANDARD, THE REGULATION MUST BE

Answer 200

1. NARROWLY TAILORED 2. TO SERVE A SIGNFICANT GOVERNMENT INTEREST 3. LEAVING ALTERNATIVE CHANNELS OF COMMUNICATION OPEN FOR SPEECH

Question 201

# 3 TYPES OF FRAUD POSSIBLE DURING TESTAMENTARY PROCESS

Answer 201

1. FRAUD IN THE EXECUTION 2. FRAUD IN THE INDUCEMENT 3. FRAUD PREVENTING REVOCATION

Question 202

# 3 LACHES AND TRUSTS

Answer 202

1. TRUSTEE MAY USE LACHES 2. WHERE BENEFICIARY TOOK TOO LONG TO MAKE CLAIM 3. CAUSING PREJUDICE OT TRUSTEE OR BENEFICIARIES

Question 203

# 2 NONBREACHING BUYER'S REMEDY OPTIONS UNDER THE UCC

Answer 203

1. REPUDIATE THE CONTRACT AND DEMAND COVER 2. AFFIRM THE CONTRACT AND DEMAND CONFORMIGN GOODS.

Question 204

# 2 COLLATERAL ESTOPPEL/ISSUE PRECLUSION IN FEDERAL COURTS IS DETERMINED BY THESE AUTHORITIES

Answer 204

1. FEDERAL COMMON LAW 2. STATE LAW WHERE COURT SITUATED.

Question 205

# 2 PERMANENT SEPARATION OCCURS WHEN

Answer 205

1. COUPLE PHYSICALLY SEPARATES 2. AND AT LEAST ONE OF THE SPOUSES INTENDS FOR SEPARATION TO BE PERMANENT

Question 206

# 3 COMMUNITY PROPERTY USED TO MAKE PAYMENTS ON SEPARATE PROPERTY - *MARRIAGE OF MOORE* FORMULA FOR FINDING COMMUNITY INTEREST

Answer 206

1. AMOUNT COMMUNITY PAID DOWN PRINCIPAL 2. DIVIDED BY THE TOTAL LOAN AMOUNT 3. RESULT IS COMMUNITY'S SHARE

Question 207

# 4 DIFFERENCE BETWEEN FRE AND CA PRESENT SENSE IMPRESSION

Answer 207

1. CA - STATEMENT DESCRIBING OR EXPLAINING THE CONDUCT OF DECLARANT (ONLY DECLARANT) 2. WHILE DECLARANT IS ENGAGED IN THE CONDUCT. 3. FRE - STATEMENT DESCRIBING OR EXPLAINING EVENT OR CONDITION 4. WHILE DECLARANT IS EXPERIENCING EVENT OR CONDITION OR IMMEDIATELY THEREAFTER.

Question 208

# 1 WHEN MULTIPLE CAUSES FOR INJURY, MANY JURISDICTIONS USE

Answer 208

1. JOINT AND SEVERAL LIABILITY

Question 209

# 2 ESTABLISHMENT CLAUSE - SECT PREFERENCE INVALID UNLESS

Answer 209

1. SERVES COMPELLING STATE INTEREST 2. LAW IS NARROWLY TAILORED TO SERVE COMPELLING GOVERNMENT INTEREST (STRICT SCRUTINY STANDARD).

Question 210

# 1 AFFIRMATIVE EASEMENT

Answer 210

1. AFFIRMATIVE EASEMENT ENTITLES EASEMENT HOLDER TO DO SOMETHING ON ANOTHER'S LAND

Question 211

# 1 DEFENSE OF VOLUNTARY INTOXICATION

Answer 211

1. A DEFENDANT MAY RAISE THE DEFENSE OF VOLUNTARY INTOXICATION TO NEGATE SPECIFIC INTENT.

Question 212

# 2 STRICT LIABILITY CRIME AND MENS REA - STRICT LIABILITY REQUIRES

Answer 212

1. NO MENS REA TO COMMIT A CRIME 2. ONLY COMMISSION OF THE LEGALLY PROSCRIBED ACTUS REUS.

Question 213

# 2 CONTRACTS FOR NECESSITIES OF LIFE AND UNDERAGE PROMISORS

Answer 213

1. CONTRACTS FOR NECESSITIES OF LIFE ARE ALWAYS LEGALLY BINDING 2. REGARDLESS OF AGE OF PROMISOR AT THE TIME OF ENTRY INTO THE CONTRACT.

Question 214

# 1 VOLUNTARY WASTE

Answer 214

1. DELIBERATE, DESTRUCTIVE ACT

Question 215

# 4 MERGER OF SOLICITATION

Answer 215

1. WHEN SOLICITED CRIME IS COMMITTED 2. SOLICITATION MERGES INTO THE SOLICITED CRIME 3. SOLICITING DEFENDANT BECOMES VICARIOUSLY LIABLE FOR SOLICITED CRIME 4. BASED ON ACCOMPLICE LIABILITY.THEORY.

Question 216

# 4 VALID WILL - INTERESTED WITNESSES TO WILL CREATE REBUTTABLE PRESUMPTION OF

Answer 216

1. FRAUD 2. MENACE 3. UNDUE INFLUENCE 4. DURESS

Question 217

# 3 TEMPORARY RESTRAINING ORDER

Answer 217

1. PRESERVES THE STATUS QUO 2. FOR A SHORT PERIOD OF TIME 3. PENDING ISSUANCE OF A PRELIMINARY INJUNCTION

Question 218

# 3 PERMISSIVE COUNTERCLAIMS ELEMENTS

Answer 218

1. ARISING FROM A TRANSACTION OR OCCURENCE DIFFERENT THAN THE ONE GIVING RISE TO PLAINTIFF'S CLAIM 2. MAY BE RAISED IN PLAINTIFF'S CASE OR IN A SEPERATE MATTER 3. MUST HAVE AN INDEPENDENT SMJ SOURCE

Question 219

# 1 CONTENT NEUTRAL SPEECH REGULATIONS STANDARD OF REVIEW

Answer 219

1. INTERMEDIATE REVIEW

Question 220

# 2 SIXTH AMENDMENT RIGHT TO JURY TRIAL HAPPENS WHEN

Answer 220

1. SERIOUS OFFENSE CHARGED 2. WITH POTENTIAL OF OVER SIX MONTHS IMPRISONMENT

Question 221

# 3 WHEN DOES AN OFFER LAPSE AT COMMON LAW?

Answer 221

1. AN ORAL OFFER GENERALLY LAPSES AT THE END OF THE CONVERSATION 2. A WRITTEN OFFER GENERALLY LAPSES AT THE DEADLINE IMPLIED BY THE DISPATCH 3. ABSENT CONTRARY AGREEMENT OR IMPLICATION.

Question 222

# 3 ESTOPPEL BY DEED OCCURS WHERE GRANTOR

Answer 222

1. PURPORTS TO CONVEY AN INTEREST IN A PROPERTY HE DOES NOT HAVE 2. BUT LATER GAINS A VALID INTEREST IN THE PROPERTY 3. ESTATE AUTOMATICALLY TRANSFERS TO GRANTEE

Question 223

# 4 LOW LEVEL EMPLOYEE EMBEZZLEMENT

Answer 223

1. PROPERTY TRESPASSORILY TAKEN BY LOW LEVEL EMPLOYESS ENTRUSTED WITH CUSTODY IS GENERALLY LARCENY 2. UNLESS PROPERTY WAS GIVEN TO THE EMPLOYEE BY A THIRD PARTY 3. BEFORE EMPLOYEE FORMS INTENT TO STEAL 4. THIS CRIME IS EMBEZZLEMENT.

Question 224

# 2 SUPPORT TRUST - TRUST FUNDS' ACCESIBILTY TO THIRD PARTY CREDITORS

Answer 224

1. NOT ACCESSIBLE TO 3RD PARTY CREDITORS 2. WHERE PAYMENT WOULD INTERFERE WITH SUPPORT OF BENEFICIARY

Question 225

# 2 COMMON LAW DUTY TO INVITEES

Answer 225

1. DUTY TO INSPECT 2. DUTY TO WARN OF DANGERS HIDDEN AND KNOWN

Question 226

# 1 CONGRESSIONAL POWERS - STATE LAW DIRECTLY DISCRIMINATES AGAINST OUT OF STATE COMMERCE WHERE

Answer 226

1. STATE LAW FACIALLY DISCRIMINATES AGAINST OUT OF STATE COMMERCE.

Question 227

# 6 EQUAL PROTECTION CLAUSE - CLASSIFICATIONS BURDEN FUNDAMENTAL RIGHTS WHERE THEY AFFECT

Answer 227

1. PRIVACY 2. FIRST AMENDMENT RIGHTS 3. VOTING RIGHTS 4. CANDIDACY RIGHTS 5. INTERSTATE TRAVEL 6. COURT ACCESS

Question 228

# 2 DYING DECLARATION DIFFERENCES BETWEEN CEC AND FRE

Answer 228

1. CEC - ALLOWED IN ALL CASES, BUT DECLARANT MUST BE DEAD 2. FRE - ONLY HOMICIDE AND CIVIL CASES, ONLY GOOD FAITH BELIEF OF DEATH REQUIRED

Question 229

# 4 FORMALITY REQUIREMENTS OF DEED

Answer 229

1. IDENTIFY PARTIES 2. SIGNED BY GRANTOR 3. IDENTIFY THE PROPERTY 4. NO CONSIDERATION REQUIRED

Question 230

# 1 FINAL JUDGMENT RULE - CA

Answer 230

1. NO APPEAL UNTIL AFTER JUDGMENT ON THE MERITS

Question 231

# 2 QUESTIONS/STANDARDS FOR DETERMINING FOURTH AMENDMENT EXPECTATION OF PRIVACY

Answer 231

1. DID THE PERSON HAVE AN ACTUAL, SUBJECTIVE EXPECTATION OF PRIVACY? 2. DOES SOCIETY RECOGNIZE THIS EXPECTATION AS REASONABLE?

Question 232

# 1 VESTING FOR INTEREST IN REAL ESTATE

Answer 232

1. GRANTS IMMEDIATE RIGHT TO PRESENT OR FUTURE INTEREST IN AN ESTATE

Question 233

# 1 ERIE DOCTRINE WILL NOT APPLY TO ISSUES OF SUBSTANCE WHERE

Answer 233

1. THERE IS FEDERAL LAW DIRECTLY ON POINT

Question 234

# 1 DUTY OF FAIRNESS TO THIRD PERSONS

Answer 234

1. AN ATTORNEY HAS A DUTY TO ACT AS FAIR AS REASONABLY POSSIBLE TO THIRD PERSONS

Question 235

# 3 TENANCY FOR YEARS

Answer 235

1. **CREATION BY:** AGREEMENT WITH A SPECIFIED START AND END DATE, SOF FOR OVER A YEAR 2. **DURATION:** ANY PERIOD OF TIME 3. **TERMINATION NOTICE REQUIREMENT:** NONE BECASUE LEASE ENDS ON AGREED ON DATE

Question 236

# 3 HOLDOVER TENANT IS CREATED BY AFTER LEASE TERMINATION WHERE

Answer 236

1. TENANT STILL TENDERS RENT 2. LANDLORD ACCEPTS RENT 3. MOST JX IMPLY PERIODIC TENANCY W/TIME PERIOD OF PREVIOUSLY EXPIRED LEASE

Question 237

# 2 FEE SIMPLE DEFEASIBLE

Answer 237

1. CONVEYS AN INTEREST IN REAL PROPERTY 2. SUBJECT TO LIMITATIONS.

Question 238

# 3 SPECIAL CLASSIFICATIONS OF ASSETS - PERSONAL INJURY AWARDS - DAMAGES RECIEVED

Answer 238

1. DURING MARRIAGE ARE COMMUNITY PROPERTY 2. BUT ARE ASSIGNED TO INJURED SPOUSE AFTER DIVORCE UNLESS JUSTICE DEMANDS OTHERWISE 3. MUST BE USED FOR REIMBURSEMENT TO COMMUNITY WHERE COMMUNITY INCCURED EXPENSE ON BEHALF OF INJURED SPOUSE

Question 239

# 1 DEFAMATION - LIABILITY ARISES WHERE DEFENDANT

Answer 239

1. PUBLISHES A FALSE STATEMENT OF MATERIAL FACT TO A THIRD PARTY, CAUSING DAMAGES TO PLAINTIFF'S REPUTATION

Question 240

# 3 DUTIES OF WITHDRAWING LAWYER

Answer 240

1. RETURN CLIENT FILES 2. RETURN UNEARNED FEES 3. GIVE OPPOSING COUNSEL NOTICE

Question 241

# 2 DUTY TO COMMUNICATE - ATTORNEY MUST

Answer 241

1. COMMUNICATE WITH CLIENT 2. KEEP CLIENT REASONABLY INFORMED ALL OF SIGNFICANT DEVELOPMENTS IN REPRESENTATION

Question 242

# 1 BALANCE OF INTERESTS TESTS

Answer 242

1. FEDERAL INTEREST IN HAVING FEDERAL LAW APPLIED IS MEASURED AGAINST STATE LAW INTEREST IN HAVING STATE LAW APPLIED.

Question 243

# 3 WILL REVOCATION - PRESUMED REVOCATION

Answer 243

1. WILL LAST KNOWN TO BE IN TESTATOR'S POSSESSION 2. TESTATOR WAS COMPETENT AT DEATH 3. WILL OR DUPLICATE CAN'T BE FOUND AFTER DEATH

Question 244

# 3 FEDERAL SUBSTITUTE SERVICE REQUIREMENTS

Answer 244

1. SOMEONE OF SUITABLE AGE AT DEFENDANT'S RESIDENCE WHO RESIDES THERE. 2. DEFENDANT'S AUTHORIZED AGENT. 3. ANY METHOD PERMITTED BY STATE LAW.

Question 245

# 2 PUTATIVE SPOUSES OCCUR WHEN

Answer 245

1. MARRIAGE IS VOID OR VOIDABLE 2. BUT ONE OR BOTH SPOUSES HAVE A GOOD FAITH BELIEF THAT MARRIAGE WAS VALID

Question 246

# 2 BURGLARY AND FELONY MURDER

Answer 246

1. WHERE BURGLARY IS COMMITTED FOR THE SOLE PURPOSE OF ATTACKING THE VICTIM 2. IT CANNOT SUPPORT A FELONY MURDER CHARGE.

Question 247

# 1 COLORABLE CLAIM OF INNOCENCE

Answer 247

1. SEEMINGLY GENUINE OR LEGALLY VALID CLAIM OF INNOCENCE

Question 248

# 3 DIVIDENDS MAY ONLY BE GIVEN WHERE

Answer 248

1. BOARD DIRECTS 2. ALLOWED BY ARTICLES 3. DOES NOT CAUSE INSOLVENCY

Question 249

# 2 FEDERAL RULE 12(B)(6) - NONWAIVABLE DEFENSES - (CAN BE RAISED ANYTIME BEFORE TRIAL IS CONCLUDED)

Answer 249

1. FAILURE TO JOIN AN INDISPENSIBLE PARTY 2. FAILURE TO STATE A CLAIM ON WHICH RELIEF CAN BE GRANTED 3. LACK OF SMJ

Question 250

# 2 LIMITS ON ATTORNEY SERVING ON CLIENT'S BOARD OF DIRECTORS

Answer 250

1. NO EXPRESS LIMITS ON BOARD SERVICE FOR REPRESENTED CORPORATION 2. WATCH FOR PROBLEMS WITH DUTIES OF CONFIDENTIALITY AND LOYALTY

Question 251

# 3 ASSUMPTION OF RISK - DEFENDANT MAY RAISE DEFENSE TO NEGLIGENCE WHERE

Answer 251

1. PLAINTIFF DELIBERATELY PUT HIMSELF AT RISK 2. WITH FULL AWARENESS OF RISK 3. AND CONSCIOUSLY ACCEPTED THE RISK

Question 252

# 1 MBE MISSED - JOINT AND SEVERAL LIABILITY - WHAT CHILD PLAINTIFF MAY RECOVER WHERE ONE OF DEFENDANTS IS PARENT AND NEGLIGENCE OF PARENT NOT IMPUTED TO THE CHILD PLAINTIFF

Answer 252

1. FULL DAMAGES FROM ANY DEFENDANT INCLUDING PARENT'S LIABILITY

Question 253

# 4 CONSEQUENCE OF FRAUD PREVENTING REVOCATION OF WILL

Answer 253

1. COURT WILL NOT PROBATE THE WILL 2. PROPERTY GOES TO HEIRS IN A CONSTRUCTIVE TRUST 3. COURT DECREES HEIRS BENEFICIARIES OF CONSTRUCTIVE TRUST 4. WITH DUTIES TO TRANSFER PROPERTY TO INTENDED BENEFICIARIES

Question 254

# 2 MATERIALITY OF STATEMENTS MADE DURING NEGOTIATION

Answer 254

1. STATEMENTS MADE DURING NEGOTIATIONS ARE NOT STATEMENTS OF MATERIAL FACT 2. MAKING FALSE STATEMENTS OK

Question 255

# 3 RULE 26 EXPERT WITNESS DISCLOSURE MUST CONTAIN EXPERT'S

Answer 255

1. IDENTITY 2. QUALIFICATIONS 3. WRITTEN REPORT

Question 256

# 3 THE LAW WILL TREAT A DE FACTO CORPORATION AS A

Answer 256

1. VALID CORPORATION 2. SHIELDING FROM THIRD PARTY ATTACK 3. BUT STILL OPEN TO QUO WARRANTO PROCEEDING

Question 257

# 3 PROP. 8 FOR CRIMINAL COURTS

Answer 257

1. ALL RELEVANT EVIDENCE IS ADMISSIBLE 2. EVEN WHERE INADMISSIBLE UNDER CEC 3. SUBJECT TO EXEMPTIONS

Question 258

# 1 EJECTMENT

Answer 258

1. USED TO RECOVER SPECIFIC REAL PROPERTY FROM WHICH THE PLAINTIFF WAS WRONGLY EXCLUDED

Question 259

# 2 SUFFICIENT OFFER UNDER UCC 2

Answer 259

1. UNDER UCC 2, AN OFFER MUST IDENTIFY THE PARTIES 2. AND THE QUANTITY

Question 260

# 2 FIFTH AMENDENT AND DOUBLE JEOPARDY

Answer 260

1. DEFENDANT CANNOT BE TRIED FOR THE SAME OFFENSE TWICE 2. ONCE JEOPARDY HAS ATTACHED TO THE ORIGINAL CRIME.

Question 261

# 7 WILLS - NO CONTEST CLAUSES ENFORCED UNLESS BENEFICIARY CONTESTS FORFEITURE OF RIGHT TO TAKE WITH PROBABLE CAUSE ON GROUNDS OF

Answer 261

1. FORGERY 2. REVOCATION 3. UNDUE INFLUENCE 4. FRAUD 5. DURESS 6. IMPROPER EXECUTION 7. INTERESTED WITNESS

Question 262

# 2 DISTRIBUTION OF ASSETS AT DEATH - SPOUSE DIES INTESTATE

Answer 262

1. SURVIVING SPOUSE ENTITLED TO DECEDENT'S SHARE OF CP AND QCP 2. SURVIVING SPOUSE ENTITLED TO 1/3 OF DECEDENT'S SP (DEPENDING ON SURVIVING PARENTS OR ISSUE)

Question 263

# 2 EQUITABLE LIEN

Answer 263

1. CREATES SECURITY INTEREST IN PROPERTY HELD BY DEFENDANT 2. TURNS PROPERTY INTO COLLATERAL FOR MONEY DEFENDANT OWES

Question 264

# 3 LIABILITY FOR MALICIOUS PROSECUTION ARISES WHERE DEFENDANT

Answer 264

INSTITUTES OR CONTINUES CRIMINAL PROSECUTION OF PLAINTIFF OUT OF MALICE CASE IS TERMINATED FOR LACK OF PROBABLE CAUSE

Question 265

# 2 MBE MISSED- GRATITUTOUS PROMISES ARE ENFORCEABLE WHERE

Answer 265

1. THEY ARE LIKELY TO INDUCE PROMSEE'S RELIANCE 2. AND DO INDUCE PROMISEE'S RELIANCE

Question 266

# 1 FREEHOLD ESTATE IS A

Answer 266

1. PRESENT POSSESSORY INTERESTS IN REAL ESTATE.

Question 267

# 5 COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE'S SEPARATE PROPERTY - BUSINESS - ## Footnote **VAN CAMP FORMULA**

Answer 267

1. START SALARY FOR SPOUSE (REASONABLE MARKET RATE) 2. MULTIPLY THIS BY YEARS BUSINESS OPERATED DURING MARRIAGE 3. DEDUCT COMMUNITY EXPENSES PAID WITH BUSINESS FUNDS 4. RESULT IS COMMUNITY PROPERTY 5. REMAINDER IS MANAGING SPOUSE'S SEPARATE PROPERTY

Question 268

# 3 TYPES OF AUTHORITY CAUSING PRINCIPAL'S LIAIBLITY FOR AGENT'S CONTRACTS

Answer 268

1. ACTUAL EXPRESS AUTHORITY 2. ACTUAL IMPLIED AUTHORITY 3. APPARENT AUTHORITY

Question 269

# 2 ABA RULES AGAINST SEXUAL RELATIONSHIP WITH CLIENT

Answer 269

1. NOT ALLOWED UNLESS SEXUAL RELATIONSHIP EXISTED PRIOR TO REPRESENTATION 2. CONFLICT NOT IMPUTED TO FIRM

Question 270

# 2 CHILDREN

Answer 270

1. ARE NOISY

Question 271

# 4 BATTERY

Answer 271

1. BATTERY IS A GENERAL INTENT CRIME 2. OF ACTING TO CAUSE 3. AND CAUSING AN UNCONSENTED UNLAWFUL APPLICATION OF FORCE 4. TO VICTIM'S PERSON.

Question 272

# 5 AGENCY - TO PRINICIPAL, AGENT HAS A DUTY OF

Answer 272

1. CARE - BUSINESS JUDGMENT RULE 2. LOYALTY 3. OBEDIENCE 4. TO COMMUNICATE 5. ANY OTHER EXPRESS CONTRACT DUTIES

Question 273

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

Answer 273

1. THE DEFENDANT HAS THE SAME VIOLENT TRAIT.

Question 274

# 2 ADMISSIBILITY OF STATEMENTS IN A WILL AS EVIDENCE OF TRANSMUTATION OF ASSET

Answer 274

1. INADMISSIBLE 2. BEFORE DEATH OF DEVISOR

Question 275

# 3 RESULTING TRUST ELEMENTS

Answer 275

1. IMPLIED-IN-FACT TRUST 2. BASED ON PRESUMED INTENT OF PARTIES 3. TRANSFERS PROPERTY BACK TO SETTLOR OR ESTATE OR INTESTATE TAKERS

Question 276

# 1 WHEN EVALUATING DOUBLE JEOPARDY, DO THIS WITH THE CRIME'S ELEMENTS

Answer 276

1. MATCH THEM TO THE CHARGES.

Question 277

# 2 OBJECTION - LEADING IS USED WHERE WITNESS IS ASKED A QUESTION THAT

Answer 277

1. ON DIRECT EXAMINATION 2. SUGGESTS THE ANSWER THE EXAMINING PARTY DESIRES.

Question 278

# 1 UCC - WAIVERS OF CONDITIONS CREATED BY NO WRITING FOR MODIFICATIONS OF CONTRACTS FOR SALE OF GOODS OVER $500 NOT RETRACTABLE WHERE

Answer 278

1. A PARTY MADE A MATERIAL CHANGE IN POSITION ON RELIANCE ON THE WAIVER

Question 279

# 2 DISTRIBUTION OF ASSETS AT DEATH - RULES ON DEVISE OF COMMUNITY AND SEPARATE PROPERTY ASSETS

Answer 279

1. DECEDENT CAN DEVISE ALL SP 2. DECEDENT CAN DEVISE 1/2 CP AND 1/2 QCP

Question 280

# 3 CA - POTENTIAL CONFLICTS OF INTEREST - ATTORNEY MAY NOT TAKE ON REPRESENTATION OF A CLIENT WHERE

Answer 280

1. DIRECTLY ADVERSE TO AN ALREADY REPRESENTED CLIENT IN SAME MATTER 2. SIGNFICANT RISK OF MATERIAL LIMITATION ON REPRESENTATION DUE TO REPRESENTATION OF OTHER CLIENT 3. CONFLICTS WITH LAWYER'S PERSONAL INTERESTS

Question 281

# 4 EXCEPTIONS TO PRESUMPTION OF FRAUD OR UNDUE INFLUENCE BY BENEFICIARY OF DONATIVE TRANSFER

Answer 281

1. BLOOD RELATIVE OF TRANSFEROR 2. COHABITANT OF TRANSFEROR 3. PROPERTY TRANSFERRED WORTH UNDER 5K 4. TRANSFER WAS REVIEWED BY INDEPENDENT COUNSEL W/OUT BENEFICIARY PRESENT

Question 282

# 1 MBE MISSED - DYING DECLARATION EXCEPTION REQUIRES THAT THE DECLARANT BE

Answer 282

1. UNAVAILABLE

Question 283

# 2 RELATION BACK DOCTRINE FOR UNNAMED DEFENDANTS

Answer 283

1. RELATES AMENDED COMPLAINT BACK TO ORIGINAL DATE OF COMPLAINT FILING 2. ALLOWING PLAINTIFF TO INCLUDE DEFENDANT DESPITE STATUTE OF LIMITATIONS ISSUES

Question 284

# 10 INTESTATE SUCCESION ORDER IF NO SS, OR AFTER SS TAKES SHARE

Answer 284

1. ISSUE 2. PARENTS, IF NO ISSUE 3. SIBLINGS 4. GRANDPARENTS 5. AUNTS AND UNCLES 6. STEPCHILDREN 7. NEXT OF KIND 8. PARENTS OF PREDECEASED SPOUSE 9. SIBLINGS OF PREDECEASED SPOUSE 10. ESCHEAT TO STATE

Question 285

# 1 DAMAGES FOR BREACH OF LAND SALE CONTRACT ARE USUALLY CALCULATED BY:

Answer 285

1. FINDING THE DIFFERENCE BETWEEN THE MARKET PRICE AND THE CONTRACT PRICE

Question 286

# 2 AVAILABILITY OF QUASI-CONTRACT REMEDY TO DEFENDANT

Answer 286

1. AT COMMON LAW, QUASI-CONTRACT NOT AVAILABLE TO DEFENDANT 2. MODERNLY, AND IN CA, QUASI-CONTRACT IS AVAILABLE REMEDY TO DEFENDANT

Question 287

# 2 EVIDENCE - CRIMINAL - FRE AND CEC - PROSECUTION MAY BE THE FIRST TO INTRODUCE PROPENSITY EVIDENCE REGARDING DEFENDANT'S CHARACTER TO COMMIT

Answer 287

1. SEXUAL ASSAULT 2. CHILD MOLESTATION

Question 288

# 2 OBJECTION - LACKS FOUNDATION IS USED WHERE THE QUESTION ASKED THE WITNESS

Answer 288

1. SOUGHT INFORMATION 2. THAT HAD NOT BEEN ESTABLISHED THE WITNESS HAD THE KNOWLEDGE TO ANSWER

Question 289

# 1 SPECIAL CLASSIFICATIONS - EDUCATION - CLASSIFICATION OF ASSET

Answer 289

1. NOT A COMMUNITY ASSET UNLESS WRITTEN AGREEMENT TO CONTRARY

Question 290

# 3 SEARCH WARRANT - ALLOWED EVIDENCE FOR PROBABLE CAUSE

Answer 290

1. POLICE OBSERVATION 2. HEARSAY 3. INFORMANT'S TIP, EVEN WHERE INFORMANT IS ANONYMOUS.

Question 291

# 2 STATEMENTS IN DOCUMENTS AFFECTING PROPERTY INTEREST EXCEPTION

Answer 291

1. WHERE STATEMENT IN DOCUMENT PURPORTS TO ESTABLISH OR AFFECT AN INTEREST IN PROPERTY 2. IF MATTER STATED IS RELEVANT TO DOCUMENT'S PURPOSE

Question 292

# 1 NONCOMMERCIAL INTRASTATE COMMERCE WILL TRIGGER THE COMMERCE CLAUSE ONLY WHERE

Answer 292

1. THERE IS A **DIRECT AND SUBSTANTIAL IMPACT** ON INTERSTATE COMMERCE.

Question 293

# 1 TORTIOUS ASSSAULT ELEMENTS - LIABILITY ARISES WEHRE

Answer 293

1. DEFENDANT INTENTIONALLY ACTS TO CAUSE AND DOES CAUSE PLAINTIFF TO SUFFER APPREHENSION OF AN UNREASONABLE, IMMINENT HARMFUL OR OFFENSIVE CONTACT.

Question 294

# 4 PUNITIVE DAMAGES ARE AWARDED WHERE THE COURT FINDS DEFENDANT ACTED WITH

Answer 294

1. FRAUD 2. OPPRESSION 3. MALICE 4. GROSS NEGLIGENCE

Question 295

# 3 COMPULSORY COUNTERCLAIM ELEMENTS

Answer 295

1. ARISE FROM SAME TRANSACTION OR OCCURRENCE AS PLAINTIFF'S CLAIM 2. MUST BE RAISED IN PLAINTIFF'S CASE OR DEEMED WAIVED 3. SUPPLEMENTAL JURISDICTION WILL APPLY

Question 296

# 1 LIFE ESTATE PER AUTRE VIE

Answer 296

1. LASTS FOR THE LIFETIME OF AN IDENTIFIED THIRD PERSON

Question 297

# 4 COMMON LAW RAPE

Answer 297

1. COMMON LAW RAPE IS A GENERAL INTENT CRIME 2. OF ACTING WITHOUT CONSENT TO HAVE INTERCOURSE 3. WITH A PERSON NOT DEFENDANT'S SPOUSE 4. CAUSING EVEN THE SLIGHTEST DEGREE OF VAGINAL PENETRATION.

Question 298

# 3 EXCEPTIONS WHERE MATERIAL TERMS ARE MERE COVENANTS INSTEAD OF EXPRESS MATERIAL CONDITIONS

Answer 298

1. TIME OF PERFORMANCE 2. PERSONAL SATISFACTION 3. AGREEMENTS NOT TO ASSIGN.

Question 299

# 3 EVIDENCES OF IMPLIED SERVITUDE

Answer 299

1. RECORDED PLAT 2. GENERAL PLAT OF RESTRICTIONS 3. ORAL REPRESENTATIONS TO EARLY BUYERS

Question 300

# 1 TIES GO AROUND

Answer 300

NECKS

Question 301

# 5 PRINCIPAL'S AVAILABLE REMEDIES FOR BREACH BY AGENT

Answer 301

1. TERMINATE RELATIONSHIP 2. WITHHOLD COMPENSATION 3. SEEK CONTRACT REMEDIES 4. SEEK TORT DAMAGES 5. SEEK INDEMNITY FOR LIABILITY FOR ACTIONS BEYOND SCOPE OF AGENCY

Question 302

# 4 PREEMPTIVE RIGHTS OF SHAREHOLDER REGARDING PERCENTAGE OF OWNERSHIP IN CORPORATION

Answer 302

1. AT COMMON LAW, EXISTING SHAREHOLDER MAINTAINS HER PERCENTAGE OF OWNERSHIP 2. WHEN MORE STOCK WAS ISSUED 3. MODERNLY DOES NOT EXIST 4. UNLESS ARTICLES STATE OTHERWISE

Question 303

# 1 IMPERFECT SELF-DEFENSE - THE JURY WILL CONSIDER AN UNREASONABLE BELIEF OF SELF-DEFENSE AS

Answer 303

1. A MITIGATING FACTOR

Question 304

# 3 FUTURE INTERESTS HELD BY GRANTOR

Answer 304

1. REVERSION - GRANTOR GRANTS ESTATE LESS THAN HIS OWN 2. RIGHT OF REENTRY - GRANTOR GRANTS FEE SUBJECT TO CONDITION SUBSEQUENT 3. POSSIBILITY OF REVERTER - GRANTOR GRANTS FEE SIIMIPLE DETERMINABLE

Question 305

# 3 REQUIREMENTS FOR CORPORATE ACTION AT DIRECTION OF BOARD OF DIRECTORS

Answer 305

1. AT A PROPERLY NOTICED MEETING 2. WITH MAJORITY OF BOARD OF DIRECTORS 3. THE MAJORITY VOTES TO TAKE ACTION

Question 306

# 3 SPECIAL CLASSIFICATIONS - PENSION PLANS - RESERVATION OF JURISDICTION APPROACH - FORMULA FOR FINDING CP PERCENTAGE

Answer 306

1. DIVIDE TOTAL NUMBER OF YEARS MARRIED WHILE EARNING PENSION 2. (END POINT IS COMMENCEMENT OF SEPARATION) 3. BY TOTAL YEARS SPOUSE EARNED PENSION

Question 307

# 4 EXCEPTIONS TO THE FINAL JUDGMENT RULE - FED

Answer 307

1. INJUNCTIONS 2. COLLATERAL ORDERS 3. EXTRAORDINARY WRIT 4. ONE CLAIM OR PARTY IS RESOLVED AND JUDGE MAKES EXPRESS DETERMINATION OF RESULTION

Question 308

# 1 EQUAL PROTECTION CLAUSE - QUASI-SUSPECT CLASSES RECEIVE THIS LEVEL OF REVIEW

Answer 308

1. INTERMEDIATE SCRUTINY

Question 309

# 6 EXCEPTIONS TO FRUIT OF POISONOUS VINE RULE

Answer 309

1. INDEPENDENT SOURCE 2. INEVITABLE DISCOVERY 3. PURGED TAINT 4. IMPEACHMENT 5. CIVIL HEARINGS 6. PAROLE PROCEEDINGS

Question 310

# 2 COMPENSATORY DAMAGES FOR TORT

Answer 310

1. MONETARY COMPENSATION 2. AWARDED TO RETURN PLAINTIFF TO THE POSITION HE WAS IN BEFORE THE TORT OCCURRED.

Question 311

# 3 QUASI-MARITAL PROPERTY IS PROPERTY AQUIRED DURING

Answer 311

1. A VOID OR VOIDABLE MARRIAGE 2. BELONGING TO A PUTATIVE SPOUSE 3. WOULD HAVE BEEN CP OR QCP IF MARRIAGE WAS VALID

Question 312

# 2 STATE OF MIND EXCEPTION ONLY ADMISSIBLE WHEN

Answer 312

1. STATE OF MIND WAS DIRECTLY AT ISSUE 2. OFFERED TO SHOW INTENT FOR SUBSEQUENT ACTS

Question 313

# 4 SEMI-SECRET TRUST- ELEMENTS AND SPLIT JURISDICTIONAL TREATMENT

Answer 313

1. TESTATOR DEVISES PROPERTY TO BE HELD IN TRUST. 2. BUT DOES NOT IDENTIFY THE BENEFICIARY OF THE PROPERTY. 3. MAJORITY OF JURISIDCTIONS INVALIDATE AND CREATE RESULTING TRUST 4. MINORITY OF JURSIDICTIONS ALLOW EXTRINSIC EVIDENCE TO PROVE BENEFICIARY'S IDENTITY.

Question 314

# 1 TO SUCCESSFULLY CONTEST A NO CONTEST CLAUSE, THE FORFEITED BENEFICIARY MUST HAVE

Answer 314

1. PROBABLE CAUSE

Question 315

# 1 NOTICE STATUTE

Answer 315

1. SUBSEQUENT BFP WITHOUT NOTICE PREVAILS OVER PRIOR GRANTEE WHO FAILED TO RECORD

Question 316

# 2 IN SOME JURISDICTIONS, LIABILITY WILL ARISE FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS FOR

Answer 316

1. NEGLIGENT MISHANDLING OF A CORPSE 2. MISDIAGNOSIS OF HARMFUL CONTAGIOUS DISEASE

Question 317

# 1 PUBLIC DISCLOSURE OF PRIVATE FACTS - LIABILITY ARISES WHERE

Answer 317

1. DEFENDANT DISCLOSES PRIVATE FACTS ABOUT THE PLAINTIIFF THAT A REASONABLE PERSON WOULD FIND EMBARASSING.

Question 318

# 4 SPECIAL CLASSIFICATIONS - PERSONAL INJURY - LIABILITIES FOR TORTFEASOR SPOUSE

Answer 318

1. TORT LIABILITIES ARE ALWAYS SP 2. UNLESS TORT OCCURED WHILE ACTING FOR BENEFIT OF COMMUNITY 3. THEN SP PAYS FIRST 4. REMAINING LIAIBLITY MAY COME FROM CP

Question 319

# 2 TRIGGERS FOR TORT LIABILITY - **WHAT CONSITUTES "IN THE SCOPE"** OF AGENT-PRINCIPAL RELATIONSHIP

Answer 319

1. WHILE PERFORMING CONDUCT OF THE TYPE HE WAS HIRED TO DO 2. AND/OR AGENT INTENDED CONDUCT TO BENEFIT PRINCIPAL

Question 320

# 2 APPARENT AUTHORITY

Answer 320

1. PRINCIPAL PROVIDES AGENT WITH APPEARANCE OF AUTHORITY TO ACT ON PRINCIPAL'S BEHALF 2. THIRD PARTY REASONABLY RELIES ON APPEARANCE

Question 321

# 1 OBJECTION - NON-RESPONSIVE IS USED WHERE THE WITNESS

Answer 321

1. ANSWERS OUTSIDE THE BOUNDARIES OF THE QUESTION

Question 322

# 2 DUTY OF FAIRNESS - ATTORNEY MUST NOT

Answer 322

1. ENGAGE IN DISHONEST CONDUCT 2. TRICK THE OPPOSING PARTY

Question 323

# 3 COMMUNITY PROPERTY ESSAY STRUCTURE (ROTH'S)

Answer 323

1. INTRO 2. GENERAL RULES 3. ASSETS

Question 324

# 3 CA COURT'S CRITERIA FOR ANALYZING "COMMON COMMUNITY OF INTEREST" FOR CLASS ACTION REQUIREMENT.

Answer 324

1. DO **COMMON** QUESTIONS OF LAW OR FACT PREDOMINATE? 2. IS THE CLASS REPRESENTATIVE **ADEQUATE**? 3. WILL THE CLASS EXISTENCE OFFER **SUBSTANTIAL BENEFIT** TO THE PARTIES AND THE COURT?

Question 325

# 2 EFFECT OF CREATING A SELF-DEALING CONTRACT

Answer 325

1. CONSIDERED CONFLICT OF INTEREST 2. CONTRACT IS PRESUMED VOIDABLE

Question 326

# 2 RULE AGAINST PERPETUITIES

Answer 326

1. NO INTEREST IS GOOD 2. UNLESS IT VESTS WITHIN 21 YEARS OF SOME LIFE IN BEING AT THE CREATION OF THE INTEREST

Question 327

# 2 WHO MAY BRING A PUBLIC NUISANCE CLAIM

Answer 327

1. TYPICALLY GOVERNMENT ACTORS 2. PRIVATE PARTIES CAN BRING ACTION WHERE THEY SUFFERED UNIQUE DAMAGES.

Question 328

# 2 FREE EXERCISE CLAUSE GRANTS THE FREEDOM TO

Answer 328

1. BELIEVE ANY RELIGION 2. CONDUCT ONE'S SELF IN ACCORDANCE WITH ANY RELIGION

Question 329

# 2 OBJECTION - USES FACTS NOT IN EVIDENCE IS USED WHEN

Answer 329

1. LAWYER USES QUESTIONS ON DIRECT EXAMINATION 2. THAT ARGUE ISSUES OF CASE OR FACTS

Question 330

# 2 JUDICIAL EFFECTS OF FINDING NO VIOLATION OF THE BUSINESS JUDGMENT RULE

Answer 330

1. COURT WILL NOT FIND BUSINESS ACTORS PERSONALLY LIABLE 2. COURT WILL NOT INTERVENE IN BUSINESS MANAGEMENT DECISIONS

Question 331

# 2 SHAREHOLDER LAWSUIT - DIRECT SUIT - SHAREHOLDER BRINGS SUIT FOR

Answer 331

1. FOR BREACH OF FIDUCIARY DUTY 2. DIRECTLY OWED TO THE SHAREHOLDER

Question 332

# 2 SEARCH WARRANT EXCEPTION - AUTOMOBILE

Answer 332

1. PROBABLE CAUSE EXISTS TO BELIEVE VEHICLE CONTAINS EVIDENCE OF CRIME 2. EXTENDS TO ANY CONTAINER IN VEHICLE

Question 333

# 1 MBE MISSED - OFFERS TO COMPROMISE ARE ONLY INADMISSIBLE WHEN THE CLAIM IS

Answer 333

1. DISPUTED

Question 334

# 1 RECORD/CONSTRUCTIVE NOTICE OF TRANSACTION

Answer 334

1. PRIOR INTEREST WAS PROPERLY RECORED WITHIN CHAIN OF TITLE

Question 335

# 2 CORPORATE DIRECTORS AND OFFICERS DUTY OF CARE - DIRECTORS AND OFFICERS MUST

Answer 335

1. ACT AS A REASONABLY PRUDENT PERSON WOULD ACT 2. UNDER SIMILAR CIRCUMSTANCES

Question 336

# 1 THE PRESENT COVENANTS CONTAINED IN WARRANTY DEEDS ARE BREACH AT THE TIME

Answer 336

1. THE DEED IS DELIVERED

Question 337

# 1 POLICE MUST DO THIS BEFORE ENTERING PREMISES WITH A SEARCH WARRANT

Answer 337

1. KNOCK AND ANNOUNCE

Question 338

# 3 ESTABLISHING FRAUDULENT JOINDER TO DEFEATE DIVERSITY

Answer 338

1. NO POSSIBLIITY OF ESTABLISHING CAUSE OF ACTION AGAINST JOINDED DEFENDANT 2. FRAUDULENTLY PLED JURISDICTIONAL FACTS TO BRING DEFENDANT INTO ACTION 3. MISJOINDER IS EGREGIOUS

Question 339

# 3 TYPES OF FEE SIMPLE DEFEASIBLE

Answer 339

1. FEE SIMPLE DETERMINABLE 2. FEE SIMPLE TO SUBJECT TO CONDITION SUBSEQUENT 3. FEE SIMPLE SUBJECT TO AN EXECUTORY LIMITATION

Question 340

# 1 COLLATERAL ESTOPPEL/ISSUE PRECLUSION DEFINITION

Answer 340

1. BARS RELITIGATION OF A SPECIFIC ISSUE

Question 341

# 1 FEDERAL RIGHT TO JURY TRIAL GRANTED BY

Answer 341

1. SEVENTH AMENDMENT

Question 342

# 3 DEFENSE OF DURESS - CRIMINAL LAW - DEFENDANT MAY RAISE THE DEFENSE OF DURESS WHERE

Answer 342

1. CRIME WAS COMMITTED DUE TO IMPLIED OR EXPRESS THREAT OF IMMINENT HARM 2. TO DEFENDANT OR OTHERS 3. UNLESS CRIME COMMITTED WAS MURDER.

Question 343

# 3 TO ADMINISTER TRUST - TRUSTEE HAS ALL POWERS

Answer 343

1. EXPRESSLY ENNUMERATED IN TRUST 2. EXPRESSLY ENUMERATED AT LAW 3. IMPLED BY TRUST AS NECESSARY AND APPRORIATE TO CARRY OUT TERMS OF TRUST

Question 344

# 1 SUBLEASE DEFINTION

Answer 344

1. A SUBLEASE IS A TRANSFER OF ANYTHING LESS THAN THE ENTIRE INTEREST REMAINING ON A LEASE TERM.

Question 345

# 1 FEDERAL COURT - APPROPRIATE VENUE WHERE THERE ARE MULTIPLE DEFENDANTS

Answer 345

1. VENUE IS APPROPRIATE IN ANY OF THE DISTRICTS WHERE ANY OF THE DEFENDANTS RESIDE.

Question 346

# 1 MAILBOX RULE REVOCATION

Answer 346

1. REVOCATION IS EFFECTIVE UPON RECEIPT.

Question 347

# 2 CA WILL ALLOW FEE SPLITTING WITH NON-LAWYERS ONLY WHERE

Answer 347

1. CALBAR REFERRAL SERVICE 2. DECEASED ATTORNEY'S ESTATE

Question 348

# 7 SEPARATE PROPERTY - CLASSIFICATIONS

Answer 348

1. PROPERTY OWNED BY SPOUSE BEFORE MARRIAGE 2. GIFT 3. BEQUEST 4. DEVISE 5. DESCENT 6. RENTS, ISSUES AND PROFITS OBTAINED FROM SP 7. PROPERTY ACQUIRED AFTER PERMANENT SEPARATION

Question 349

# 6 LIMITED PARTNERS IN A LIMITED PARTNERSHIP HAVE THESE RIGHTS

Answer 349

1. ACCOUNTING 2. TRANSFER SHARES (UNLESS OTHERWISE AGREED) 3. MANAGE **AS REASONABLE** TO PROTECT INVESTMENT 4. CONSENT TO WAIVE OTHER PARTNER'S OBLIGATIONS 5. DISTRIBUTION BASED ON CONTRIBUTION 6. TRANSFER DISTRIBUTION RIGHTS

Question 350

# 3 SECRET TRUST

Answer 350

1. SETTLOR LEAVES PROPERTY TO LEGATEE IN WILL 2. W/OUT MANIFESTATION OF INTENT IN WILL TO CREATE TRUST 3. BUT RELIES ON UNDERSTANDING W/LEGATEE TO HOLD PROPERTY IN TRUST FOR THIRD PARTY BENEFICIARIES.

Question 351

# 5 FREEDOM OF SPEECH - UNPROTECTED SPEECH CATEGORIES

Answer 351

1. SPEECH INCITING IMMINENT LAWLESS ACTION 2. FIGHTING WORDS 3. OBSCENITY 4. DEFAMATION 5. MOST COMMERCIAL SPEECH

Question 352

# 2 ADEMPTION OCCURS WHEN

Answer 352

1. PROPERTY HAS CHANGED FORM 2. FROM THE TIME IT WAS IDENTIFIED IN THE WILL

Question 353

# 2 FIDUCIARY DUTIES - PARTNERSHIP - DUTY TO ACCOUNT- TO REMEDY BREACH, PARTNERS MAY

Answer 353

1. BRING ACTIONS FOR LOSSES CAUSED BY OTHER PARTNER'S BREACH 2. REMEDY IS DISGORGEMENT OF ILL-GOTTEN PROFITS BACK TO THE PARTNERSHIP

Question 354

# 2 MBE MISSED - FACTUAL IMPOSSIBLITY VS. LEGAL IMPOSSIBLITY DEFENSE

Answer 354

1. **LEGAL IMPOSSIBILITY IS A VALID DEFENSE** OCCURRING WHEN DEFENDANT INTENDS TO COMMIT AN ACT THAT ISN'T ACTUALLY ILLEGAL VS. 2. FACTUAL IMPOSSIBILITY IS NOT A VALID OFFENSE OCCURRING WHEN DEFENDANT CAN'T COMPLETE A CRIME DUE TO FACTS NOT KNOWN TO HIM AT TIME OF ATTEMPT

Question 355

# 4 WHEN A SECURITY IS REQUIRED TO BE REGISTERED WITH THE SEC

Answer 355

1. IF IT IS PUBLICLY TRADED 2. IF IT SOLD BY AN ISSUING COMPANY 3. A SECURITIES DEALER 4. OR A SECURITIES UNDERWRITER

Question 356

# 2 PRE-INCORPORATION PROMOTER DUTIES

Answer 356

1. DUTY OF GOOD FAITH 2. DUTY OF NO SECRET DEALINGS FOR PERSONAL PROFIT

Question 357

# 1 CORPORATE BONDS

Answer 357

1. DEBT OBLIGATION OF CORPORATION

Question 358

# 1 COMMON LAW DUTY TO UNKNOWN TRESPASSERS

Answer 358

1. NO DUTY

Question 359

# 1 FREEDOM OF ASSOCIATION LIMITATIONS MUST SERVE

Answer 359

1. COMPELLING GOVERNMENT INTEREST

Question 360

# 2 GENERAL DAMAGES

Answer 360

1. FLOW TO ANY PLAINTIFF AS A NATURAL RESULT OF TORT 2. NONECOMONIC

Question 361

# 3 COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE'S SEPARATE PROPERTY - BUSINESS - WHEN TO USE VAN CAMP

Answer 361

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 362

# 1 A DEVISE ADEEMS BY SATISFACTION WHEN

Answer 362

1. BENEFICIARY RECEIVES DEVISE DURING TESTATOR'S LIFETIME

Question 363

# 1 SPOUSAL DISPOSITION POWER OVER PERSONAL ASSETS DOES NOT INCLUDE

Answer 363

1. TESTAMENTARY CONTROL

Question 364

# 4 PROXIMATE CAUSE - TORTS

Answer 364

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 365

# 3 BONA FIDE PURCHASER FOR VALUE W/OUT NOTICE

Answer 365

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

Question 366

# 2 FIDUCIARY DUTIES OWED BY SPOUSES TO EACH OTHER

Answer 366

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

Question 367

# 3 SPECIAL WARRANTY DEED

Answer 367

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 368

# 2 REMOVAL TIMING LIMITS

Answer 368

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 369

# 3 "OF SOUND MIND" - TESTATOR MUST UNDERSTAND

Answer 369

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

Question 370

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

Answer 370

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 371

# 3 MERCHANT

Answer 371

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 372

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

Answer 372

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 373

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

Answer 373

1. THE DEFENDANT HAS THE SAME TRAIT.

Question 374

# 6 REQUIRED SHOWINGS FOR SPECIFIC PERFORMANCE

Answer 374

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 375

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

Answer 375

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

Question 376

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

Answer 376

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 377

# 2 BATTERY - LIABILITY ARISES WHERE

Answer 377

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 378

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

Answer 378

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

Question 379

# 2 JEOPARDY ATTACHES WHEN

Answer 379

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

Question 380

# 2 CORPORATE DEBT CLASSES

Answer 380

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

Question 381

# 2 INTERROGATION OCCURS WHEN POLICE USE

Answer 381

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

Question 382

# 3 QUASI-CONTRACT SCENARIOS

Answer 382

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

Question 383

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

Answer 383

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 384

# 3 PERMISSIVE JOINDER REQUIREMENTS

Answer 384

1. CLAIM COMMON TO EACH DEFENDANT AND PLAINTIFF 2. ARISING FROM THE SAME SERIES OF TRANSACTIONS OR OCCURRENCES 3. AND COMMON QUESTION OF LAW OR FACT FOR EACH DEFENDANT

Question 385

# 2 SPECIAL CLASSIFICATIONS - PENSION PLANS - APPROACHES TO AWARDING FUNDS

Answer 385

1. RESERVATION OF JURISDICTION APPROACH 2. CASH OUT APPROACH

Question 386

# 4 ADVANCEMENT

Answer 386

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 387

# 2 DEMONSTRATIVE GIFTS

Answer 387

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

Question 388

# 2 COMPETENCE TO STAND TRIAL - DEFENDANT IS AWARE OF

Answer 388

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

Question 389

# 3 END OF EASEMENT BY ESTOPPEL

Answer 389

1. SERVIENT ESTATE HOLDER CHANGES POSITION 2. IN REASONABLE RELIANCE ON DOMINANT ESTATE HOLDER'S REPRESENTATION 3. THAT EASEMENT WILL NO LONGER BE ENFORCED.

Question 390

# 1 UNILATERAL OFFER

Answer 390

1. AN OFFER THAT UNEQUIVOCALLY STATES THAT ACCEPTANCE CAN ONLY BE BY PERFORMANCE.

Question 391

# 2 EXECUTIVE POWERS - LIMITATIONS ON EXECUTIVE PRIVILEGE

Answer 391

1. WHERE COMPELLING GOVERNMENT INTEREST 2. PRESIDENT MAY NOT REFUSE TO DISCLOSE CONFIDENTIAL INFORMATION

Question 392

# 5 FIVE THEORIES OF LIABILITY FOR A PRODUCTS LIABILTY CLAIM

Answer 392

1. STRICT LIABILITY 2. NEGLIGENCE 3. IMPLIED WARRANTY 4. EXPRESS WARRANTY 5. BATTERY

Question 393

# 2 PARTIES' RIGHTS IN A MORTGAGE CONTRACT

Answer 393

1. MORTGAGEE - OCCUPY AND USUALLY KEEP TITLE 2. MORTGAGOR - HAS LIEN ON PROPERTY WITH FORECLOSURE RIGHTS

Question 394

# 2 SILA SEARCH - VEHICLE - PROBABLE CAUSE EXISTS TO SEARCH VEHICLE WHERE OFFICER REASONABLY BELIEVES

Answer 394

1. ARRESTEE HAD ACESS TO VEHICLE DRUING ARREST 2. VEHICLE CONTAINS EVIDENCE OF THE ARRESTED OFFENSE

Question 395

# 1 WHEN ESTIMATED POTENTIAL DAMAGES TO REACH 75,000 REQUIREMENT FOR DIVERSITY CLAIM, ESTIMATE OF OF DAMAGES MUST BE

Answer 395

1. MADE IN GOOD FAITH

Question 396

# 2 TRUSTEE - DUTY TO INVEST PROPERTY AND MAKE IT PRODUCTIVE - DIFFERENT GUIDELINES FOR DIFFERENT JURISDICTIONS

Answer 396

1. AT COMMON LAW AND SOME JURISDICTIONS, UTILIZE STATUTORY LIST OF GOOD INVESTMENTS 2. MOST JURISDICTIONS AND CA NOW USE UPIA

Question 397

# 1 OBJECTION - AMBIGUOUS IS USED WHEN

Answer 397

1. A QUESTION COULD HAVE MORE THAN ONE MEANING

Question 398

# 2 COMMUNITY REAL PROPERTY - DISPOSAL AND CONTROL - SALE OR LEASE BOTH SPOUSES MUST EXECUTE WRITTEN INSTRUMENT FOR:

Answer 398

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

Question 399

# 3 MODERN PER STIRPES OR PER CAPITA WITH REPRESENTATION

Answer 399

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 400

# 2 OPTION CONTRACT

Answer 400

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 401

# 4 REMEDIES FOR BREACH OF IMPLIED WARRANTY OF HABITIBALITY AND LANDLORD'S RECOURSE - TENANT MAY

Answer 401

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 402

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

Answer 402

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 403

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

Answer 403

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

Question 404

# 1 TRESSPASS TO LAND - LIABILITY ARISES WHERE DEFENDANT

Answer 404

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

Question 405

# 2 RECORDS OF RELIGIOUS ORGANIZATIONS HEARSAY EXCEPTION

Answer 405

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

Question 406

# 3 REMEDY FOR MISUSE OF EASEMENT

Answer 406

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

Question 407

# 3 AGGRAVATED ASSAULT

Answer 407

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 408

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

Answer 408

1. PROBATIVE VALUE OUTWEIGHS PREJUDICE

Question 409

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

Answer 409

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

Question 410

# 1 GENERAL INTENT CRIME REQUIRES THIS LEVEL OF MENS REA

Answer 410

1. ONLY TO COMMIT THE LEGALLY PROSCRIBED CONDUCT.

Question 411

# 1 PUNITIVE DAMAGES WILL ONLY BE AWARDED WHERE

Answer 411

1. OTHER DAMAGES ARE ALSO AWARDED

Question 412

# 2 EVIDENCE - CHARACTER EVIDENCE IS INADMISSIBLE TO SHOW

Answer 412

1. CONDUCT IN CONFORMITY WITH CHARACTER 2. ON A PARTICULAR OCCASION

Question 413

# 2 GENERAL GIFTS

Answer 413

1. NOT SPECIFIC PROPERTY 2. FROM GENERAL ASSETS OF ESTATE

Question 414

# 4 MODERN TORT LIABILITY OF LANDLORD - LANDLORDS HAVE A DUTY TO

Answer 414

1. MAINTAIN COMMON AREAS 2. FIX LATENT DEFECT OF WHICH THEY HAVE KNOWLEDGE 3. MAKE NONNEGLIGENT REPAIRS 4. INSPECT FOR DEFECTS WHERE PREMISES ARE HELD OPEN TO THE PUBLIC

Question 415

# 2 PROVING INJURY FOR DEFAMATION

Answer 415

1. LIBEL 2. OR SLANDER PER SE

Question 416

# 3 EXCEPTIONS TO ONE LAWYER'S COI DISQUALIFYING ENTIRE FIRM - COI RESULTS FROM

Answer 416

1. LAWYER'S PERSONAL INTEREST OR 2. LAWYER'S IS SCREENED FROM PARTICIPATION IN SUBJECT MATTER OF FORMER REPRESENTATION, GIVEN NO FEE AND FORMER CLIENT IS NOTIFIED IN WRITING OR 3. LAWYER IS LEAVING THE FIRM

Question 417

# 1 MIRANDA ONLY APPLIES TO THESE INTERROGATIONS

Answer 417

1. CUSTODIAL INTERROGATIONS

Question 418

# 1 ATTORNEY WORK PRODUCT - FEDERAL - ATTORNEY WORK PRODUCT IS

Answer 418

1. MATERIAL PREPARED IN ANTICIPATION OF LITIGATION

Question 419

# 3 RES GESTAE OF A FELONY - START TO FINISH

Answer 419

1. BEGINS WITH THE FIRT SUBSTANTIAL STEP TAKEN TOWARD THE FELONY'S COMMISSION 2. ENDS WITH THE ARRIVAL AT A PLACE OF RELATIVE SAFETY 3. AFTER COMPLETION OF THE FELONY OR ITS ABANDONMENT.

Question 420

# 2 THIRD PARTY TESTIMONIAL STATEMENTS ADVERSE TO DEFENDANT ARE ONLY ADMISSIBLE AGAINST DEFENDANT WHERE

Answer 420

1. DECLARANT IS AVAILABLE FOR X-EXAM WHEN STATEMENT IS MADE 2. OR AVAILABLE FOR X-EXAM AT TRIAL

Question 421

# 1 FINAL JUDGMENT RULE

Answer 421

1. ONLY FINAL JUDGMENTS MAY BE APPEALED

Question 422

# 2 TYPES OF PARTNERSHIPS

Answer 422

1. GENERAL PARTNERSHIP 2. LIMITED PARTNERSHIP

Question 423

# 2 LAND SALE CONTRACT - IMPLIED PROMISE OF MARKETABLE TITLE IMPLIEDLY PROMISES TO:

Answer 423

1. DELIVER MARKETABLE TITLE AT THE END OF CLOSING 2. FREE FROM REASONABLE DOUBT REGARDING SELLER'S ABILITY TO CONVEY PROPERTY AS REPRESENTED

Question 424

# 1 AN ERROR IS HARMLESS WHERE THERE IS

Answer 424

1. NO REASONABLE DOUBT THE CASE WOULD HAVE COME OUT DIFFERENTLY

Question 425

# 4 ATTESTED WILLS REQUIRE

Answer 425

1. EXECUTION 2. EXECUTION IN PRESENCE AND AT DIRECTION OF TESTATOR 3. COMPETENT WITNESSES 4. DISINTERESTED WITNESSES

Question 426

# 1 WHAT CONSTITUTES AN ANTICIPATORY BREACH

Answer 426

1. A CLEAR STATEMENT OR INDICATION THAT THE BREACHING PARTY WILL NOT PERFORM FUTURE CONTRACTUAL DUTIES WHEN THEY BECOME DUE.

Question 427

# 4 THE MIRANDA WARNINGS ARE

Answer 427

1. YOU HAVE THE RIGHT TO REMAIN SILENT 2. ANYTHING YOU SAY CAN BE USED AGAINST YOU IN A COURT OF LAW 3. YOU HAVE THE RIGHT TO AN ATTORNEY 4. IF YOU CANNOT AFFORD AN ATTORNEY, THE COURT WILL APPOINT ONE FOR YOU.

Question 428

# 3 PERSONAL LIABILITY OF PARTNERS FOR PARTNERSHIP DEBTS

Answer 428

1. JOINTLY AND SEVERALLY LIABILITY FOR PARTNERSHP LIABILITIES 2. INDEMNIFICATION 3. CONTRIBUTION RIGHTS

Question 429

# 1 DRUG SMELLING DOGS MAY CONSTITUTE SENSORY ENHANCING TECHNOLOGY WHERE USED

Answer 429

1. ON A FRONT PORCH

Question 430

# 2 PIERCING THE CORPORATE VEIL CAUSES- ALTER EGO

Answer 430

1. CORPORATE FORMALITIES IGNORED 2. PERSONAL FUNDS COMMINGLED

Question 431

# 1 REQUIREMENT FOR CONSIDERATION FOR MODFICATION OF CONTRACT UNDER THE UCC

Answer 431

1. MODIFICATION OF CONTRACT FOR THE SALE OF GOODS DOES NOT NEED CONSIDERATION FOR THE SALE OF GOODS TO BE BINDING AT LAW.

Question 432

# 1 WHAT TYPE OF ACTIONS IS VENUE IS PROPER WHERE DEFENDANT RESIDES VS. WHERE THE DISPUTED PROPERTY IS LOCATED - FEDERAL

Answer 432

1. IN TRANSITORY ACTIONS

Question 433

# 1 DUTY TO NOT SUBORN PERJURY - ATTORNEY MUST NOT

Answer 433

1. CALL A WITNESS THAT THE LAWYER KNOWS WILL PERJUR HIMSELF.

Question 434

# 1 LIABILITY OF NEW TENANT FOR ASSIGNED LEASE

Answer 434

1. NEW TENANT IS RESPONSIBLE TO LANDLORD FOR RENTAL PAYMENTS DUE TO PRIVITY OF ESTATE

Question 435

# 4 EASEMENT BY PRESCRIPTION REQUIREMENTS

Answer 435

1. CONTINUOUS USE FOR STATUATORY PERIOD 2. OPEN AND NOTORIOUS USE 3. HOSTILE USE 4. TACKING OK

Question 436

# 1 RACE-NOTICE STATUTE

Answer 436

1. SUBSEQUENT BFP THAT RECORDS FIRST PREVAILS OVER GRANTEE THAT DIDN'T RECORD FIRST

Question 437

# 2 MAGISTRATE ISSUING SEARCH/ARREST WARRANT REQUIREMENTS

Answer 437

1. NEUTRAL 2. DETACHED FROM CASE

Question 438

# 2 STATEMENT OF AGENT HEARSAY EXCEPTION

Answer 438

1. STATEMENT OF EMPLOYEE WHILE IN THE SCOPE OF JOB 2. WHO IS AUTHORIZED TO SPEAK ON EMPLOYER'S BEHALF.

Question 439

# 3 RUPA AND PARTNERSHIP AGREEMENTS - PARTNERS CAN AGREE TO BE GOVERNED BY

Answer 439

1. RULES DIFFERENT FROM RUPA 2. RULES FROM RUPA AND ALTERNATIVE RULES 3. BUT CERTAIN RUPA RULES CANNOT BE WAIVED.

Question 440

# 6 INCIDENTAL DAMAGES FOR BUYERS - EXPENSES REASONABLY INCURRED FOR RIGHTFULLY REJECTED GOODS INCLUDE

Answer 440

1. INSPECITION 2. RECEIPT 3. TRANSPORTATION 4. CARE 5. CUSTODY OF GOODS 6. AND OTHER EXPENSES INCIDENTAL TO SELLER'S BREACH

Question 441

# 3 MANUFACTURING DEFECT - PLAINTIFF MUST PROVED DEFENDANT

Answer 441

1. MANUFACTURED PRODUCT 2. PRODUCT WAS UNREASONABLY DANGEROUS WHEN IT LEFT DEFENDANT'S CONTROL 3. CAUSING PLAINTIFF HARM

Question 442

# 1 WHERE IMPROVED LAND COLLAPSES, TO ESTABLISH LIABILITY OF EXCAVATOR, PLAINTIFF MUST SHOW

Answer 442

1. EXCAVATOR WAS NEGLIGENT.

Question 443

# 1 CONGRESSIONAL POWERS - CONGRESS MAY DELEGATE ITS REGULATORY POWERS TO OTHER BRANCHES OF GOVERNMENT WHERE

Answer 443

1. INTELLIGIBLE PRINCIPALS GOVERN THE EXERCISE OF THIS AUTHORITY

Question 444

# 1 WHEN MAY THE NONBREACHING BUYER SEEK SPECIFIC PERFORMANCE?

Answer 444

1. THE NONBREACHING BUYER MAY SEEK SPECIFIC PERFORMANCE WHEN THE SUBJECT GOODS WERE UNIQUE.

Question 445

# 3 CORPORATE OFFICERS AND DIRECTORS - FUDICIARY DUTIES - OFFICERS AND DIRECTORS HAVE A DUTY OF

Answer 445

1. CARE 2. LOYALTY 3. DISCLOSURE

Question 446

# 2 CONSTRUCTIVE EVICTION APPLIES TO

Answer 446

1. RESIDENTIAL LEASES 2. COMMERCIAL LEASES

Question 447

# 3 REAL COVENANT - WHERE BFP FOR VALUE HAS NOT NOTICE, HE WILL NOT BE

Answer 447

1. BOUND BY A REAL COVENANT 2. BURDENING THE LAND 3. WHERE THERE IS NO ACTUAL, CONSTRUCTIVE, OR QUERY NOTICE.

Question 448

# 3 ESTABLISHING A DUTY OF TRUST FOR 10(b)(5) -2 CAUSING MISAPPROPRIATION FOR BREACH

Answer 448

1. PERSON AGREES TO MAINTAIN INFORMATION IN CONFIDENCE OR 2. RELATIONSHIP BETWEEN THE PARTIES ESTABLISHES AN EXPECTATION OF CONFIDENCE OR 3. FAMILIAL RELATIONSHIP WITH AN UNDERSTANDING INFORMATION IS MATERIAL, NONPUBLIC AND CONFIDENTIAL.

Question 449

# 2 STOCK SHARES DEFINITION

Answer 449

1. EQUITY SECURITIES 2. GRANTING SHAREHOLDER INTEREST IN CORPORATION

Question 450

# 1 CORPORATE OFFICERS - APPOINTMENT

Answer 450

1. APPOINTED BY BOARD

Question 451

# 2 MEETING 75,000 FOR DIVERSITY IN A CLASS ACTION

Answer 451

1. A CLASS REPRESENTATIVE MUST INDIVIDUALLY MEET THE 75,000 BENCHMARK. 2. AGGREGATION OF ALL CLAIMS IN CLASS NOT ALLOWED.

Question 452

# 1 PREMARITAL AGREEMENTS AND CHILD SUPPORT

Answer 452

1. CHILD SUPPORT CANNOT BE WAIVED BY PREMARITAL AGREEMENT

Question 453

# 2 ENFORCEABLITY OF DELEGATION OF UNIQUE SERVICES

Answer 453

1. WHERE THE CONTRACT DUTIES ARE PERFORMANCE OF PROMISEE'S UNIQUE SERVICES OR ATTRIBUTES 2. A DELEGATION OF DUTIES WILL BE FOUND FOUND.

Question 454

# 1 PARTNERSHIP AGREEMENTS - WHERE A PARTNERSHIP ISSUE IS NOT ADDRESSED,

Answer 454

1. RUPA WILL GOVERN

Question 455

# 3 EASEMENT CREATION BY NECESSITY

Answer 455

1. OWNER DIVIDES TRACT 2. DEPRIVING ONE LOT ACCESS TO SERVICE 3. PRIOR USE OF SERVIENT NOT REQUIRED

Question 456

# 1 UNIFORM PRUDENT INVESTOR ACT - FOR TRUST INVESTMENTS - THE STRATEGY OF RISK AND RETURN OBJECTIVE SHOULD BE

Answer 456

1. REASONABLY SUITED TO THE TRUST

Question 457

# 3 EXHAUSTION METHOD

Answer 457

1. FUNDS IN COMMUNITY ACCOUNT DEPLETED 2. ONLY FUNDS IN SP ACCOUNT AVAILABLE 3. WHEN PROPERTY PURCHASED

Question 458

# 3 CA COMPETENCY REQUIREMENTS - ATTORNEY MUST NOT FAIL TO COMPETENTLY PERFORM DUTIES THESE WAYS

Answer 458

1. INTENTIONALLY 2. RECKLESSLY 3. REPEATEDLY

Question 459

# 5 SOF REQUIREMENTS FOR LAND SALE CONTRACT

Answer 459

1. CONTRACT IN WRITING 2. NAMES PARTIES 3. SIGNED BY PARTY TO BE BOUND 4. SUFFICIENTLY DESCRIBES LAND 5. STATES CONSIDERATION

Question 460

# 2 HOLOGRAPHIC WILL - CAUSES OF INVALIDITY WHERE INCONSISTENCIES

Answer 460

1. MISSING DATE 2. DOUBT AS TO WHETHER OR NOT ANOTHER WILL CONTROLS

Question 461

# 1 REGISTERED DOMESTIC PARTNERSHIPS

Answer 461

1. REGISTERED DOMESTIC PARTNERS ARE AFFORDED SAME RIGHTS AND PROTECTIONS AS MARRIED PARTNERS

Question 462

# 2 REAL EVIDENCE MAY BE AUTHENTICATED BY

Answer 462

1. DISTINCTIVE CHARACTERISTICS 2. CHAIN OF CUSTODY

Question 463

# 5 LIABILITY RESULTING FROM TRESPASS TO CHATTELS - DEFENDANT IS LIABLE FOR

Answer 463

1. ACTUAL DAMAGES CAUSED 2. MEASURED BY REPAIR COSTS 3. TEMPORARY REPLACEMENT RENTAL FEES 4. LOST RENTAL REVENUE 5. (TYPICALLY MAY NOT EXCEED CHATTEL'S VALUE)

Question 464

# 5 SPENDTHRIFT TRUST

Answer 464

1. TRUSTEE CAN'T VOLUNTARILY ALIENATE INTEREST 2. SECURES BENEFICIARY AGAINST HIS OWN IMPROVIDENCE 3. PROTECTING INTEREST FROM 3RD PARTY CREDITORS 4. UNTIL INTEREST HAS BEEN PAID TO BENEFICIARY 5. EXCEPT FOR CS, ALIMONY, GOVERNMENT CREDITORS AND LIFE NECESSARIES

Question 465

# 1 EQUAL PROTECTION CLAUSE - NON-SUSPECT CLASSES RECEIVE THIS LEVEL OF REVIEW

Answer 465

1. RATIONAL BASIS

Question 466

# 2 MBE MISSED - STATUTE STATUE GOVERNING COMMERCIAL SPEECH THAT ISN'T FALSE, DECEPTIVE OR ILLEGAL IS ONLY VALID WHERE IT

Answer 466

1. DIRECTLY ADVANCES A SUBSTANTIAL GOVERNMENT INTEREST 2. REASONABLY TAILORED TO ACHIEVE IMPORTANT INTEREST

Question 467

# 1 LIABILITY OF OUTGOING PARTNERS

Answer 467

1. OUTGOING PARTNERS ARE LIABLE FOR PRE-DISASSOCIATION DEBT

Question 468

# 4 DEBT - LIABILITY OF COMMUNITY FOR TORTFEASOR SPOUSE

Answer 468

1. COMMUNITY IS NOT LIABLE FOR TORTS OF SPOUSE 2. UNLESS TORT COMMITTED FOR BENEFIT OF COMMUNITY 3. COMMUNITY FUNDS MAY BE USED ONCE SEPARATE FUNDS ARE EXHAUSTED 4. REIMBURSEMENT ALLOWED WHERE ONE ESTATE PAYS FOR THE LIABILITY OF ANOTHER

Question 469

# 2 MBE - WILL SUBSTANTIAL CONTRIBUTION TO PRIVATE SCHOOL BUDGET TRANSFORM PRIVATE ACTION INTO PUBLIC ACTION?

Answer 469

1. NO. 2. EVEN 90 PERCENT CONTRIBUTION DIDN'T TRANSFORM TO STATE ACTION.

Question 470

# 2 CO-DEFENDANTS - ONE DEFENDANT CONFESSES. CONFESSION MAY ONLY BE USED IN NON-CONFESSING DEFENDANT'S CRIMINAL TRIAL WHERE

Answer 470

1. ALL IMPLICATING DETAILS ARE ABLE TO BE REDACTED 2. OR CONFESSING CO-DEFENDANT TAKES THE STAND AND IS SUBJECT TO X-EXAM.

Question 471

# 3 A PURCHASE MONEY MORTGAGE IS THE

Answer 471

1. MORTGAGE FUNDING THE ORIGINAL PURCHASE OF PROPRERTY 2. GETS FIRST PRIORITY TO PROCEEDS OF FORECLOSURE SALE 3. BUT MAY NOT TAKE A DEFAULT FOR ANY BALANCE OWED

Question 472

# 2 IMPLIED EQUITABLE SERVITUDE - DEFINITION

Answer 472

1. RESTRICTIVE SERVITUDE 2. IMPLIED BY COMMON SCHEME OR DEVELOPMENT.

Question 473

# 4 DISSOLUTION OF LIMITED PARTNERSHIP

Answer 473

1. AT TIME SPECIFIED IN LP AGREEMENT 2. UPON WRITTEN CONSENT OF ALL PARTNERS 3. UPON DISASSOCIATION OF GENERAL PARTNER UNLESS OTHERWISE AGREED 4. UPON JUDICIAL DECREE

Question 474

# 1 CONTRIBUTORY NEGLIGENCE AVAILABLE DEFENSE WHERE

Answer 474

1. PLAINTIFF CONTRIBUTED TO HIS OR HER OWN INJURY

Question 475

# 5 CLASSIFICATIONS OF TESTAMENTARY GIFTS

Answer 475

1. SPECIFIC GIFTS 2. CLASS GIFTS 3. GENERAL GIFTS 4. DEMONSTRATIVE GIFTS 5. RESIDUARY GIFTS

Question 476

# 2 APPURTENANT EASEMENT

Answer 476

1. CREATED TO BENEFIT A PARTICULAR PIECE OF LAND (DOMINANT ESTATE) 2. TIED TO A PARTICULAR PIECE OF LAND (SERVIENT ESTATE)

Question 477

# 3 MERCHANT'S FIRM OFFER

Answer 477

1. UNDER UCC 2, A MERCHANT'S SIGNED WRITTEN OFFFER 2. THANT PROMISES TO LEAVE AN OFFER OPEN FOR A FIXED PERIOD OF TIME OR STATES "FIRM OFFFER" 3. CANNOT BE REVOKED FOR A PERIOD OF TIME STATED IN THE OFFER UP TO THREE MONTHS.

Question 478

# 3 STOCK SUBSCRIPTION AGREEMENT

Answer 478

1. WRITTEN PROMISE TO BUY SHARES OF STOCK 2. POST-INC IMMEDIATELY BINDING 3. PRE-INC IRREVOCABLE FOR SIX MONTHS AND MUST BE ACCEPTED BY CORPORATION

Question 479

# 3 CORPORATE OFFICERS JOB ACTIONS

Answer 479

1. IMPLEMENT BOARD DECISIONS 2. ACT AS AGENTS OF CORP 3. ACTIONS BIND CORP

Question 480

# 7 FORMATION GROUNDS FOR SEEKING RESCISSION

Answer 480

1. MUTUAL MISTAKE 2. MISREPRESENTATION 3. LACK OF CAPACITY 4. DURESS 5. UNDUE INFLUENCE 6. UNDUE CONSIDERATION 7. UNILATERAL MISTAKE (IF OTHER PARTY SHOULD HAVE KNOWN)

Question 481

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

Answer 481

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

Question 482

# 2 SUPREMACY CLAUSE - FIELD PREEMPTION - IMPLIED PREEMPTION

Answer 482

1. COMPREHENSIVENESS OF FEDERAL SCHEME - HOW MUCH LEFT UNCOVERED 2. FEDERAL AGENCY WAS CREATED TO OVERSEE THE AREA

Question 483

# 2 COLLATERAL BAR ON PRIOR RESTRAINT RULE

Answer 483

1. CAN'T ASSERT UNCONSTUTIONAL RESTRAINT ON SPEECH 2. AFTER PRIOR RESTRAINT ISSUED

Question 484

# 2 DEFENSE OF PREVENTION OF CRIME - DEFENDANT IS PRIVILEGED TO USE

Answer 484

1. E REASONABLE FORCE 2. TO PREVENT COMMISSION OF SERIOUS CRIMES OCCURRING IN HER PRESENCE. .

Question 485

# 1 REGISTERED DOMESTIC PARTNERSHIPS

Answer 485

1. REGISTERED DOMESTIC PARTNERS ARE AFFORDED SAME RIGHTS AND PROTECTIONS AS MARRIED PARTNERS

Question 486

# 2 TENANTS DUTY TO PAY RENT WHEN NO FAULT DESTRUCTION OF PREMISES OCCURS

Answer 486

1. AT COMMON LAW - TENANT MAINTAINS DUTY TO PAY 2. MODERNLY, MOST JX ALLOW TERMINATION

Question 487

# 4 CA REQUIREMENTS FOR ATTORNEY ADVERTISING

Answer 487

1. MAILER MUST STATE IT IS ATTORNEY ADVERTISING ON OUTSIDE AND INSIDE 2. ADVERTISEMENT MUST BE HELD FOR TWO YEARS 3. MAILER MUST INCLUDE ATTORNEY'S CONTACT INFORMATION 4. ATTORNEY'S FIELD OF EXPERTISE

Question 488

# 3 WHARTON'S RULE

Answer 488

1. UNDER THE WHARTON RULE 2. MULTILPLE DEFENDANTS MAY NOT BE CONVICTED WITH CONSPIRACY 3. WHERE IT TOOK THE SAME NUMBER OF PARTICIPANTS TO COMMIT THAT SPECIFIC CRIME.

Question 489

# 1 MBE MISSED - REVERTERS ARE NOT SUBJECT TO THE RULE AGAINST PERPETUITIES BECAUSE

Answer 489

1. THEY VEST AT THE MOMENT THEY ARE CREATED.

Question 490

# 3 SIXTH AMENDMENT - UNDER THE SIXTH AMENDMENT, INFFECTIVE COUNSEL IS ESTABLISHED WHERE

Answer 490

1. COUNSEL DID NOT ACT HOW A REASONABLE ATTORNEY WOULD ACT IN A SIMILAR SITUATION 2. DEFICIENCY IN REPRESENTATION CAUSED PREJUDICE TO DEFENDANT 3. SAID PREJUDICE CAUSED RESULT THAT BUT FOR THE DEFICIENCY THE RESULT WOULD HAVE BEEN DIFFERENT.

Question 491

# 1 TRUST TERMINATION POWERS - TRUSTEE

Answer 491

1. TRUSTEE DOES NOT HAVE POWER TO TERMINATE TRUST EXCEPT FOR WHERE TRUST PROVIDES

Question 492

# 2 COMMON LAW REQUIREMENTS FOR TIMELY PERFORMANCE BECOMING A MATERIAL CONDITION OF THE CONTRACT

Answer 492

1. TIMELY PERFORMANCE MAY BE AN EXPRESS MATERIAL CONDITION OF THE CONTRACT 2. OR WHERE PARTIES KNOW TARDY PERFORMANCE WILL DENY THE EXPECTED BENEFIT OF THE BARGAIN, TIMELY PERFORMANCE IS AN IMPLIED MATERIAL CONDITION.

Question 493

# 4 MANDATORY WITHDRAWAL TRIGGERS

Answer 493

1. PHYSICAL OR MENTAL CONDITION MAKES MATERIALLY IMPAIRS REPRESENTATION 2. REPRESENTATION WILL RESULT IN VIOLATION OF RULES OR LAW 3. CLIENT DISCHARGES ATTORNEY 4. CA - CLIENT WANTS TO PURSUE FRIVOLOUS LAWSUIT

Question 494

# 3 CONTRACTS - DEFENSE OF FRUSTRATION OF PURPOSE MAY BE RAISED WHERE

Answer 494

1. PARTIES ENTERED INTO THE CONTRACT KNOWING A PURPOSE OF THE BARGAIN 2. MAKING EXISTENCE OF THIS PURPOSE AN IMPLIED MATERIAL CONDITION OF THE CONTRACT 3. EXCUSING PARTIES FROM PERFORMANCE WHEN UNFORESEEN EVENTS FRUSTRATE THIS PURPOSE.

Question 495

# 4 TIME, PLACE OR MANNER RESTRICTIONS - TO REGULATE SPEECH AT PUBLIC FORUM - THE REGULATION MUST BE

Answer 495

1. CONTENT NEUTRAL 2. NARROWLY TAILORED 3. TO SERVE IMPORTANT GOVERNMENT INTEREST 4. LEAVE ALTERNATIVE CHANNELS OF COMMUNICATION OPEN

Question 496

# 2 ATTORNEY WORK PRODUCT - CALIFORNIA - FOR QUALIFIED PRIVILEGE - THE PARTY SEEKING TO DISCOVERY THE PRODUCT MOST SHOW

Answer 496

1. UNFAIR PREJUDICE 2. OR INJUSTICE WILL OCCUR

Question 497

# 3 EVIDENTIARY ELEMENTS OF MOTION FOR SUMMARY JUDGMENT

Answer 497

1. EVIDENCE VIEWED IN LIGHT MOST FAVORABLE TO NONMOVING PARTY 2. NO CREDIBILITY EVALUATIONS 3. ONLY FIRST HAND KNOWLEDGE

Question 498

# 2 ELEMENTS OF ATTORNEY CLIENT PRIVILEGE

Answer 498

1. EVIDENTIARY PRIVILEGE 2. ALLOWING CLIENT TO PREVENT LAWYER FROM TESTIFYING IN COURT ABOUT COMMUNICATIONS

Question 499

# 1 REAL COVENANT - HORIZONTAL PRIVITY REQUIREMETN

Answer 499

1. THE ORIGINAL COVENANTING PARTIES SHARED AN INTEREST IN THE LAND INDEPENDENT OF THE COVENANT.

Question 500

# 1 IMPLIED EQUITABLE SERVITUDE - ACTUAL NOTICE OCCURS WHERE

Answer 500

1. GRANTEE WAS INFORMED OF THE EXISTENCE OF COVENANTS.

Question 501

# 3 CY PRES DOCTRINE

Answer 501

1. OBJECTIVE OF CHARITABLE TRUST BECOMES IMPOSSIBLE OR IMPRACITABLE TO FULFILL 2. COURT SUBSTITUTES ANOTHER OBJECTIVE AS CLOSE AS POSSIBLE TO THE ORIGINAL 3. IF CY PRES CAN'T WORK, COURTS PUT FUNDS IN RESULTING TRUST

Question 502

# 5 SELF-AUTHENTICATING EVIDENCE

Answer 502

1. CERTIFIED PUBLIC DOCUMENTS 2. ACKNOWLEDGED DOCUMENTS 3. OFFICIAL PUBLICATIONS 4. NEWSPAPERS 5. PERIODICALS

Question 503

# 4 MODERN RAPE

Answer 503

1. MODERNLY, THE CRIME OF RAPE HAS BEEN EXPANDED 2. TO INCLUDE ANY UNCONSENTED ACT THAT CAUSES PENETRATION OF THE VICTIM 3. REGARDLESS OF VICTIM'S SEX 4. OR MARITAL STATUS.

Question 504

# 2 EXTORTION

Answer 504

1. AT COMMONLAW, EXTORTION WAS MISDEMEANOR CRIME OF UNLAWFULL FEE COLLECTION BY PUBLIC OFFICER 2. MODERNLY, EXTORTION IS CRIME OF OBTAINING PROPERTY BY MAKING SPECIFIC THREATS ENUMERATED BY JURISDICTION.

Question 505

# 2 SPOUSE POWER OF DISPOSITION - SPOUSES HAVE

Answer 505

1. EQUAL POWER OF DISPOSITION 2. WITH CONSENT REQUREMENTS

Question 506

# 2 RELATING BACK AND CALIFORNIA DOE AMENDMENTS

Answer 506

1. IF CA PLAINTIFF IDENTIFIES THE DOE WITHIN THREE YEARS OF FILING ORIGINAL COMPLAINT 2. AMENDED COMPLAINT WILL "RELATE BACK" TO ORIGINAL FILING DATE.

Question 507

# 4 SPECIAL CLASSIFICATIONS - PERSONAL INJURY - LIABILITIES FOR TORTFEASOR SPOUSE

Answer 507

1. TORT LIABILITIES ARE ALWAYS SP 2. UNLESS TORT OCCURED WHILE ACTING FOR BENEFIT OF COMMUNITY 3. THEN SP PAYS FIRST 4. REMAINING LIAIBLITY MAY COME FROM CP

Question 508

# 2 PERSONAL SATISFACTION AS AN EXPRESS MATERIAL CONDITION

Answer 508

1. PARTIES MAY AGREE TO MAKE PERSONAL SATISFACTION AN EXPRESS MATERIAL CONDITION OF THE CONTRACT 2. CREATING NO LEGAL DUTY TO PAY WHEN BUYERS ARE NOT PERSONALLY SATISIFIED.

Question 509

# 1 MIRANDA - SUSPECT'S INVOCATION OF RIGHT TO COUNSEL

Answer 509

1. MUST BE UNAMBIGUOUS

Question 510

# 2 PERIODIC TENANCY - CREATED BY

Answer 510

1. EXPRESSLY - MONTH TO MONTH CONTRACT OR 2. IMPLICATION

Question 511

# 4 REQUIREMENTS TO GIVE AWARD OF COMPENSATORY DAMAGES

Answer 511

1. **CAUSATION** OF INJURY 2. **FORSEEABLE** BY REASONABLE PERSON 3. INJURY **UNAVOIDABLE** BY PLAINTIFF 4. DAMAGES CAN BE **CALCULATED WITH CERTAINTY**

Question 512

# 2 ENFORCEABLITY GRATUITOUS DELEGATION

Answer 512

1. GRATITOUS DELEGATION IS NOT ENFORECABLE AT EQUITY 2. UNLESS THERE IS DETRIMENTAL RELIANCE.

Question 513

# 6 INHERENTLY DANGEROUS FELONIES AT COMMON LAW

Answer 513

1. BURGLARY 2. ROBBERY 3. RAPE 4. ARSON 5. MAYHEM 6. SODOMY

Question 514

# 3 EXCEPTIONS TO PRINCIPAL NOT HAVING LIABILITY FOR INTENTIONAL TORTS OF AN AGENT

Answer 514

1. SPECIFICALLY AUTHORIZED 2. NATURAL RESULT FROM EMPLOYMENT 3. TORTIOUS ACT WAS MOTIVATED BY INTENT TO SERVE PRINCIPAL

Question 515

# 2 RECOVERY OF UNEARNED FEES

Answer 515

1. MAY RECOVER FEES WHERE FIRED BY CLIENT 2. MAY NOT RECOVER FEES WITH WITHDRAWN

Question 516

# 2 GIFTS FROM CLIENT PROSCRIPTION

Answer 516

1. LAWYER CANNOT INDUCE OR SOLICIT A SUBSTANTIAL GIFT FROM CLIENT 2. CANNOT PREPARE AN INSTRUMENT GIVING HIMSELF A GIFT UNLESS HE'S RELATED TO CLIENT

Question 517

# 3 PLAINTIFF'S PERFORMANCE REQUIREMENT FOR AN AWARD OF SPECIFIC PERFORMANCE MAY BE SATISIFED WHEN PLAINTIFF SHOWS HER PERFORMANCE DUTIES

Answer 517

1. HAVE BEEN PERFORMED 2. CAN BE PERFORMED IMMEDIATELY 3. OR VALID EXCUSE EXISTS FOR THEIR NON-PERFORMANCE

Question 518

# 6 SECTION 16(B) SHORT SWING PROFITS LIABILITY IS TRIGGERED WHEN

Answer 518

1. CORPORATE INSIDER 2. BUYS AND SELLS 3. OR SELLS AND REPURCHASES 4. ANY SHARES OF THEIR CORPORATION 5. WITHIN SIX MONTHS OF THE INTITIAL TRANSACTION

Question 519

# 2 PUBLIC NUSIANCE - LIABILITY ARISES WHERE DEFENDANT

Answer 519

1. CREATES UNREASONABLE INTERFERENCE 2. THAT PARTICULARLY INJURES PLAINTIFF'S USE AND ENJOYMENT OF PUBLIC RESOURCES

Question 520

# 2 MANDATORY DISMISSAL IN CALIFORNIA

Answer 520

1. WHERE CASE IS NOT BROUGHT TO TRIAL W/IN FIVE YEARS 2. WHERE CASE HAS NOT BEEN SERVED W/IN TWO YEARS OF FILING

Question 521

# 2 REASONABILITY REQUIREMENT FOR DEFENSE OF NECESSITY PRIVILEGE TO EXIST

Answer 521

1. VALUE OF PROPERTY DEFENDED MUST OUTWEIGH 2. VALUE OF DAMAGE CAUSED BY DEFENSE

Question 522

# 2 DISTRIBUTION OF ASSETS AT DEATH - DECEDENT TRIES TO DEVISE MORE THAN 1/2 COMMUNITY ASSETS IN WILL

Answer 522

1. SURVIVING SPOUSE MAY ELECT TO TAKE CP RIGHTS INSTEAD OF DEVISE 2. SURIVING SPOUSE MAY ELECT TO TAKE DEVISE UNDER WILL IN LIEU OF CP RIGHTS

Question 523

# 1 MBE MISSED - AN AGREEMENT EXCHANGING PAYMENT FOR WRITING AN OFFER (PERFORMANCE) IS A

Answer 523

1. UNILATERAL CONTRACT

Question 524

# 3 FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT - **OWNERSHIP IS**

Answer 524

1. POTENIALLY INFINITE 2. SUBJECT TO OCCURENCE OF POSSIBLE EVENT 3. **_IF_** GRANTOR TIMELY EXERCISES RIGHT OF REENTRY

Question 525

# 3 THREE PRESENT COVENANTS OF TITLE CONTAINED IN GENERAL WARRANTY DEED

Answer 525

1. SEISIN - WARRANTS GRANTOR OWNS WHAT HE PURPORTS TO OWN 2. RIGHT TO CONVEY - WARRANTS GRANTOR HAS POWER TO MAKE CONVEYANCE 3. AGAINST ENCUMBRANCES - WARRANTS NO MORTGAGES, LIENS, EASEMENTS OR OTHER USE RESTRICTIONS ON LAND

Question 526

# 1 MBE MISSED - FOR STATE LICENSING QUESTIONS, LOOK FOR LICENSING REQUIREMENT'S EFFECT ON

Answer 526

1. INTERSTATE COMMERCE

Question 527

# 3 PROCEDURAL DUE PROCESS - WHERE A LIFE, LIBERTY OR PROPERTY INTEREST HAS BEEN IMPAIRED, EVALUATION OF NECESSITY FOR PROCESS IS A BALANCING TEST BETWEEN

Answer 527

1. IMPORTANCE OF PRIVATE INTEREST AFFECTED 2. LIKELIHOOD OF PROCESS PRODUCING BETTER RESULTS 3. BURDEN PROCESS WILL CREATE ON GOVERNMENT

Question 528

# 6 INADEQUATE LEGAL REMEDY FOR FOR INJUNCTIVE RELIEF MAY RESULT FROM

Answer 528

1. INSOLVENT DEFENDANT OR 2. MONEY DAMAGES SPECULATIVE OR 3. MONEY DAMAGES INADEQUATE OR 4. MULTIPLICITY OF POTENTIAL LAWSUITS OR 5. PROSPECTIVE TORT COULD OCCUR OR 6. PROPERTY IS UNIQUE

Question 529

# 3 SELF-RESPRESENTATION IS ALLOWED WHERE DEFENDANT WAIVES HIS RIGHT TO COUNSEL

Answer 529

1. KNOWINGLY, 2. INTELLIGENTLY 3. AND WILLING

Question 530

# 2 REAL COVENANT - CL AND MODERN NOTICE REQUIREMENT FOR A BURDEN TO RUN WITH THE LAND

Answer 530

1. AT COMMON LAW, NO NOTICE REQUIREMENT 2. MODERNLY, ACTUAL, CONSTRUCTIVE OR QUERY NOTICE REQUIRED.

Question 531

# 2 INTERVENTION OF RIGHT - INTERVENOR HAS INHERIT RIGHT TO PARTICIPATE WHERE

Answer 531

1. PARTY HAS PROPERTY OR TRANSACTION THAT IS THE SUBJECT OF THE INSTANT CASE 2. PARTY SHOWS HER INTERESTS ARE NOT PRESENTLY REPRESENTED IN LAWSUIT

Question 532

# 7 UNINCORPORATED WRITING REFERENCING LIMITED TANGIBLE PERSONAL ITEMS MAY BE ADMITTED INTO PROBATE WHERE:

Answer 532

1. REFERRED TO IN THE WILL 2. DATED AND IN TESTATOR'S HANDWRITING 3. OR SIGNED BY TESTATOR 4. UNLESS INTENT CAN BE SHOWN 5. DESCRIBES ITEMS AND BENEFICIARIES 6. EACH ITEM IS WORTH 5K OR LESS 7. NO MORE THAN 25K TOTAL DISPOSED

Question 533

# 2 DOMICILE REQUIREMENTS FOR PRIVATE CITIZEN

Answer 533

1. PARTY HAS SUBJECTIVE INTENT TO MAKE STATE HIS PERMANENT HOME 2. PARTY IS PHYSICALLY PRESENT IN THE STATE.

Question 534

# 1 CONSEQUENCE OF CONTRIBUTORY NEGLIGENCE

Answer 534

1. COMPLETE BAR TO PLAINTIFF'S RECOVERY

Question 535

# 2 SUBAGENT'S DUTIES

Answer 535

1. AUTHORIZED ACTIVITY - SAME DUTY OWED TO PRINCIPAL 2. UNAUTHORIZED ACTIVITY - DUTY OWED ONLY TO AGENT

Question 536

# 3 SUPREMACY CLAUSE CAN BE VIOLATED WHERE STATE LAW

Answer 536

1. IS IN DIRECT CONFLICT WITH FEDERAL LAW 2. INTERFERES WITH ACHIEVEMENT OF FEDERAL OBJECTIVE 3. INTERFERES WITH FIELD CONGRESS INTENDS TO OCCUPY EXCLUSIVELY

Question 537

# 2 UNSOLD VS. SOLD STOCK SHARES

Answer 537

1. UNSOLD SHARES ARE AUTHORIZED AND UNISSUED 2. SOLD SHARES ARE ISSUED AND OUTSTANDING

Question 538

# 4 END OF EASEMENT BY PRESCRIPTION

Answer 538

1. ADVERSE 2. OPEN 3. CONTINUOUS FOR STATUATORY PERIOD 4. INTERRUPTION OF EASEMENT HOLDERS USE OF EASEMENT

Question 539

# 2 TITLED PROPERTY DEEMED ASSETS OF PARTNERSHIP WHERE

Answer 539

1. TITLED IN PARTNERSHIP'S NAME 2. TITLED IN PARTNER'S NAME AND INSTRUMENT TRANSFERRING TITLE INDICATES OWNER IS PARTNER OR REFERENCES PARTNERSHIP

Question 540

# 4 GENERAL DAMAGES COMPENSATE FOR

Answer 540

1. PAIN 2. SUFFERING 3. INCONVENIENCE 4. EMOTIONAL DISTRESS

Question 541

# 3 WHO IS AN INTENDED THIRD PARTY BENEFICIARY?

Answer 541

1. A PARTY INTENDED TO BENEFIT FROM A CONTRACT 2. WHO MAKE SEEK TO ENFORCE THE CONTRACT 3. OR SEEK DAMAGES FOR ITS BREACH.

Question 542

# 2 DIVISIBLE CONTRACT

Answer 542

1. A CONTRACT DIVIDING THE PARTIES' PERFORMANCE DUTIES INTO SETS OF MATCHED PAIRS 2. SO FAILURE OF ONE PERFORMANCE DUTY DOES NOT AMOUNT TO BREACH OF THE ENTIRE CONTRACT.

Question 543

# 4 PREMARITAL AGREEMENT DISCLOSURE REQUIREMENTS - DISCLOSURE MUST BE

Answer 543

1. COMPLETE 2. RECEIVED AT LEAST SEVEN DAYS BEFORE SIGNING 3. ADVISE RECIPIENT TO SEEK INDEPENDENT COUNSEL 4. IN LANGUAGE OF RECIPIENT'S UNDERSTANDING

Question 544

# 1 DEFENSE OF NECESSITY MAY BE RAISED BY DEFENDANT WHERE

Answer 544

1. PRIVILEGE EXISTS TO PROTECT SAFETLY OF SELF, OTHERS AND/OR PROPERTY

Question 545

# 3 CONTRACTS - DEFENSE OF MUTUAL MISTAKE AVAILABLE WHERE

Answer 545

1. PARTIES ENTERED THE CONTRACT WITH A MUTUAL MISUNDERSTANDING OF MATERIAL FACT 2. MAKING THE CONTRACT VOID AB INITIO 3. BECAUSE THERE NEVER WAS A MEETING OF MINDS

Question 546

# 4 DEFENSE OF DOMESTIC AUTHORITY

Answer 546

1. DEFENDANTS WITH LEGALLY RECOGNIZED POSITIONS OF AUTHORITY OVER OTHERS 2. HAVE A QUALIFIED PRIVILEGE 3. TO USE REASONABLE NON-DEADLY FORCE 4. IN THE PROPER PERFORMANCE OF THEIR DUTIES.

Question 547

# 4 REVOCATION OF WILL - PHYSICAL ACT

Answer 547

1. DESTRUCTIVE ACT 2. BY TESTATOR 3. OR IN TESTATOR'S PRESENCE AT HIS DIRECTION 4. WITH INTENT TO REVOKE WILL

Question 548

# 2 OCCURENCES THAT WILL CONSTITUTE A BREACH OF GOOD FAITH

Answer 548

1. FRAUD OR CONCEALMENT AT THE TIME OF THE CONTRACT 2. FAILURE OF AN IMPLIED COVENANT

Question 549

# 1 SPECIFIC GIFTS

Answer 549

1. SPECIFIC, IDENTIFIABLE PROPERTY

Question 550

# 2 SUBSTITUTE SERVICE REQUIREMENTS -CORPORATIONS - CA

Answer 550

1. ONLY ON DEFENDANT'S REGISTERED AGENT 2. OR ONE WHO IS APPARENTLY IN CHARGE OF OFFICE DURING NORMAL OFFICE HOURS.

Question 551

# 4 COMMUNITY PROPERTY

Answer 551

1. ALL PROPERTY 2. ACQUIRED BY MARRIED PERSON 3. WHILE DOMICILED IN CA 4. THAT ISN'T CLASSIFIED AS SP

Question 552

# 3 ADDITIONAL FACTORS OF CONSIDERATION ON FAIRNESS OF FORUM

Answer 552

1. COURT'S INTEREST IN JUDICIAL ECONOMY 2. PLAINTIFF'S INTEREST IN CONVENIENT RELIEF 3. FORUM STATE'S INTEREST IN **REGULATING ACTIVITY** AND PROTECTING ITS CITIZENS.

Question 553

# 1 WHEN DOES ASSIGNMENT BECOME EFFECTIVE?

Answer 553

1. WHEN PROMISOR HAS NOTICE OF THE ASSIGNMENT.

Question 554

# 1 REMEDY FOR BREACH OF REAL COVENANT

Answer 554

1. MONETARY DAMAGES

Question 555

# 4 CONSTRUCTIVE TRUST AS REMEDY FOR WRONGFULLY OBTAINING LEGAL TITLE TO PROPERTY - OCCURS WHERE THE WRONGFUL ACT

Answer 555

1. LED TO DETENTION OF AND OBTAINING LEGAL TITLE TO PROPERTY 2. DEFENDANT IS MADE TRUSTEE OF UNJUSTLY RETAINED PROPERTY 3. COMPELLING HIM TO RETURN PROPERTY TO PLAINTIFF 4. RENDERING LIABLE FOR ANY DAMAGES CAUSED TO PROPERTY

Question 556

# 2 PROPERTY RIGHT REQUIREMENT FOR PERMANENT INJUNCTION

Answer 556

1. AT COMMON LAW, PROPERTY REQUIRED 2. MODERNLY, IN CA, ANY RIGHT IS SUFFICIENT

Question 557

# 2 CONDITION SUBSEQUENT

Answer 557

1. A CONDITION OCCURRING AFTER AN ALREADY RIPENED DUTY. 2. WHICH OCCURRENCE OR NON-OCCURENCE WILL EXCUSE THE DUTY.

Question 558

# 3 FIXTURES DEFINITION

Answer 558

1. ITEMS WERE ONCE MOVEABLE CHATTEL 2. NOW SO ATTACHED TO THE REAL ESTATE 3. THEY ARE DEEMED FIXTURES TO THE REAL ESTATE

Question 559

# 1 EVIDENCE - CRIMINAL - CHARACTER EVIDENCE IS ONLY ALLOWED WHERE DEFENDANT

Answer 559

1. OPENS THE DOOR TO A SPECIFIC CHARACTER TRAIT

Question 560

# 3 TIPPERS

Answer 560

1. PROVIDE INSIDER INFORMATION 2. LIABLE WHERE INFORMATION WAS SHARED FOR PERSONAL GAIN OF ANY KIND 3. LIABLE WHERE INFO WAS USED TO TRADE BY ANYONE

Question 561

# 1 REAL COVENANT - TOUCH AND CONCERN REQUIREMENT - THE COVENANT MUST

Answer 561

1. DIRECTLY RELATE TO THE USE AND ENJOYMENT OF THE LAND.

Question 562

# 3 MAILBOX RULE - RESULT WHEN OFFEROR RECEIVES A REJECTION WITHOUT KNOWLEDGE OF DISPATCHED ACCEPTANCE

Answer 562

1. IF OFFEROR CHANGED POSITION IN RELIANCE ON REJECTION 2. WITHOUT KNOWLEDGE OF DISPATCHED ACCEPTANCE 3. REJECTION IS BINDING.

Question 563

# 4 VOLUNTARY MANSLAUGHTER

Answer 563

1. AN INTENTIONAL HOMICIDE 2. COMMITTED WITHOUT MALICE AFORETHOUGHT 3. RESULTING FROM ADEQUATE PROVOCATION 4. OR OTHER MITIGATING FACTORS.

Question 564

# 5 SP EXPENDITURES MADE TO BENEFIT CP REAL ESTATE ANTI-LUCAS 1

Answer 564

1. 1984-1986 2. PROPERTY HELD BY JOINT TENANTS WAS PRESUMPTIVELY CP 3. UNLESS WRITTEN AGREEMENT TO CONTRARY 4. OR CLEARLY STATED OTHERWISE IN DEED 5. RIGHT TO REIMBURSEMENT OF SP

Question 565

# 3 COMMUNITY PROPERTY USED TO MAKE PAYMENTS ON SEPARATE PROPERTY - *MARRIAGE OF MOORE* FORMULA FOR FINDING COMMUNITY INTEREST

Answer 565

1. AMOUNT COMMUNITY PAID DOWN PRINCIPAL 2. DIVIDED BY THE TOTAL LOAN AMOUNT 3. RESULT IS COMMUNITY'S SHARE

Question 566

# 2 DEBT - SPOUSE'S SEPARATE PROPERTY'S RESPONSIBILTY FOR LIABILITY

Answer 566

1. SPOUSES SEPARATE PROPERTY ONLY AVAILABLE FOR PERSONAL LIABILITY 2. UNLESS COMMUNITY DEBT INCURRED BY NECESSARIES OF LIFE FOR CHILD OR SPOUSE

Question 567

# 3 FALSE PRETENSES - OCCURS WHERE DEFENDANT ACTS WITH

Answer 567

1. SPECIFIC INTENT 2. KNOWINGLY MAKING A FALSE STATEMENT OR PROMISE 3. INDUCING VICTIM TO GIVE DEFENDANT MONEY OR TITLE TO PERSONAL PROPERTY.

Question 568

# 1 SILA SEARCH - ARRESTEE - POLICE MAY SEARCH

Answer 568

1. AREA WITHIN ARRESTEE'S IMMEDIATE CONTROL

Question 569

# 1 SPECIAL CLASSIFICATIONS - PENSION PLANS AND VESTING

Answer 569

1. CP REGARDLESS OF VESTING TIME

Question 570

# 4 CORPORATION'S RESIDENCE FOR ESTABLISHING VENUE IN CALIFORNIA CAN BE

Answer 570

1. THE COUNTY OF PPB OR 2. THE COUNTY WHERE CONTRACT ENTERED INTO 3. THE COUNTY WHERE CONTRACT BREACHED OR 4. THE COUNTY WHERE LIABILILTY AROSE

Question 571

# 2 EASEMENT IN GROSS

Answer 571

1. CREATED TO BENEFIT A PARTICULAR PERSON (EASEMENT HOLDER) 2. TIED TO A PARTICULAR PIECE OF LAND (SERVIENT ESTATE)

Question 572

# 2 CALIFORNIA APPLICATIONS ATTORNEY WORK PRODUCT APPLIES TO WORK GENERATED BY THE

Answer 572

1. ATTORNEY 2. OR HIS AGENT

Question 573

# 3 ORGANIZATIONAL STANDING

Answer 573

1. MEMBERS HAVE STANDING INDIVIDUALLY 2. INTERESTS ASSERTED RELATE TO ORGANIZATION'S PURPOSE 3. NO UNIQUE INJURY AMONG MEMBERS REQUIRING INDIVIDUAL PARTICIPATION

Question 574

# 6 TRUSTS ESSAY STRUCTURE DIRTY CHEATS EAT DIRTY CHEATS VERY ROTTEN LUNCHMEATS

Answer 574

1. TRUST DEFINITION 2. TRUST CREATION 3. EXPRESS TRUST DEFINITION 4. EXPRESS TRUST CREATION 5. VALID TRUST REQUIREMENTS 6. LIMITATIONS ON TRUSTS

Question 575

# 3 GROUNDS TO SUPPORT AN INVOLUNTARY DISSOLUTION OF A CORPORATION

Answer 575

1. FRAUD, MISUSE 2. CORP ABANDONED FOR OVER A YEAR 3. INTERNAL DEADLOCK PREVENTS CORP FROM BEING AN ADVANTAGE TO SHAREHOLDERS

Question 576

# 2 NOTICE REQUIREMENTS FOR SERVICE OF INITIAL PLEADINGS - DEFENDANT MUST BE SERVED

Answer 576

1. BY A REASONABLE METHOD 2. AND GIVEN AN OPPORTUNITY TO BE HEARD.

Question 577

# 1 RAPE SHIELD - FRE - CIVIL CASE - EVIDENCE RE PLAINTIFF'S REPUTATION MAY ONLY BE ADMITTED WHERE

Answer 577

1. PLAINTIFF PUTS IT AT ISSUE

Question 578

# 2 LIABILITY FOR FALSE IMPRISONMENT ARISES WHERE DEFENDANT

Answer 578

1. INTENTIONALLY CONFINES PLAINTIFF TO A FIXED SPACE 2. WITH PLAINTIFF'S AWARENESS OF CONFINEMENT

Question 579

# 2 AGENT'S LIABILILITY FOR ACTING W/OUT PRINCIPAL'S AUTHORITY

Answer 579

1. PRINCIPAL IS NOT LIABLE 2. AGENT IS PERSONALLY LIABLE

Question 580

# 2 EVIDENCE ALLOWED FOR SOF EXCEPTION TO EQUITABLE MORTGAGE

Answer 580

1. PAROL EVIDENCE MAY BE USED 2. TO SHOW INTENT

Question 581

# 2 REQUIREMENTS FOR SHAREHOLDER VOTES ON BOARD CHANGES, CORPORATE ACTIONS

Answer 581

1. QUORUM (MAJORITY OF OUTSTANDING SHARES) MUST HAVE VOTED 2. THE MAJORITY OF THOSE VOTES WERE CAST IN FAVOR OF THE ACTION.

Question 582

# 1 PER CAPITA DISTRIBUTION

Answer 582

1. EACH DESCENDENT TAKES AN EQUAL SHARE OF DECEDENT'S ASSETS

Question 583

# 1 MARRIED WOMAN'S SPECIAL PRESUMPTION RESULT OF PROPERTY TAKEN W/HUSBAND'S NAME BUT NO JOINT TENANCY FORM OR MENTION OF "HUSBAND AND WIFE"

Answer 583

1. PROPERTY BECOMES 1/2 SP AND 1/2 CP

Question 584

# 2 SURVIVOR'S RIGHTS - PROPERTY TRANSFERS

Answer 584

1. SURVIVING SPOUSE CAN SET ASIDE DECEDENT SPOUSE'S TRANSFERS OF CP AND QCP TO THE EXTENT TRANSFEREE STILL HAS PROPERTY 2. WHERE TRANSFEREE DOESN'T HAVE PROPERTY, SURVIVING SPOUSE CAN MAKE A CLAIM AGAINST THE ESTATE FOR HALF OF THE TRANSFER PROCEEDS

Question 585

# 1 LAWYER RECEIVING CONFIDENTIAL INFORMATION CAN CAN ACCOMODATE CONFLICT WITH DUTY BY

Answer 585

1. TURNING OVER INFORMATION WHILE REFUSING TO DISCLOSE SOURCE

Question 586

# 3 STATEMENT AGAINST INTEREST EXCEPTION

Answer 586

1. DECLARANT MUST BE UNAVAILABLE 2. STATEMENT AGAINST PECUNIARY, PROPRIETARY OR PENAL INTEREST OF WITNESS WHEN MADE 3. DECLARANT MUST HAVE PERSONAL KNOWLEDGE OF THE FACTS

Question 587

# 2 DYING DECLARATION EXCEPTION

Answer 587

1. DECLARANT'S STATEMENT MADE WHEN HE BELIEVED DEATH WAS IMMINENT 2. RELATING TO CAUSE OR CIRCUMSTANCES OF DEATH

Question 588

# 2 VALID WILL - SIGNING REQUIREMENTS - WILL MUST BE EXECUTED BY

Answer 588

1. TESTATOR OR 2. SOMEONE AT TESTATOR'S DIRECTION IN TESTATOR'S PRESENCE

Question 589

# 3 TRACING FOR CONSTRUCTIVE TRUSTS

Answer 589

1. IMIPROPERLY OBTAINED PROPERTY IS SOLD OR EXCHANGED FOR NEW PROPERTY 2. PLAINTIFF CAN TRACE PROPERTY WHERE IT IS SOLELY TRACEABLE TO ITS CURRENT FORM 3. FUNDS ARE NOT COMMINGLED

Question 590

# 2 AT COMMON LAW, AN ACCESSORY IS ONE WHO

Answer 590

1. AIDS THE PRINCIPAL IN THE COMMISSION OF A CRIME 2. BEFORE OR AFTER ITS COMMISSION.

Question 591

# 2 ORAL TRUST LIMITATIONS AND PROOF

Answer 591

1. MAY ONLY BE FOR PERSONAL PROPERTY 2. MAY BE PROVED BY CLEAR AND CONVINCING EVIDENCE

Question 592

# 1 CAPACITY - AGE REQUIREMENTS FOR VALID WILL

Answer 592

1. "OF LEGAL AGE" - TESTATOR IS AT LEAST 18

Question 593

# 3 TO BE EFFECTIVE, A DEED MUST

Answer 593

1. COMPLY WITH FORMALITY REQUIREMENTS, 2. BE DELIVERED 3. AND ACCEPTED

Question 594

# 4 DUTY TO PRESERVE DECORUM FACTORS - LAWYER MAY NOT

Answer 594

1. COMMUNICATE EX PARTE WITH JUDGE 2. GIFT JUDGE (EXCLUDING CAMPAIGN CONTRIBUTIONS) 3. COMMUNICATE OR SEEK TO INFLUENCE JURORS DURING LEGAL PROCEEDINGS 4. HARASS JURORS

Question 595

# 5 UNDER TORT LAW, NO DUTY TO RESCUE OTHERS FROM HARM EXISTS UNLESS

Answer 595

1. STATUTE 2. CONTRACT 3. RELATIONSHIP 4. PLACED IN PERIL 5. ASSUMPTION

Question 596

# 4 FRAUD OR UNDUE INFLUENCE BY BENEFICIARY IN DONATIVE TRANSFERS REBUTTABLY PRESUMED WHERE BENEFICIARY IS

Answer 596

1. DRAFTER OF TRANSFER 2. FIDUCIARY OF TRANSFEROR WHO TRANSCRIBED TRANSFER OR CAUSED TRANSCRIPTION OF TRANSFER 3. CARE CUSTODIAN OF TRANSFEROR OR PROVIDED CARE W/IN 90 DAYS OF TRANSFER 4. COHABITANT OR EMPLOYEE OF THE SAME

Question 597

# 2 MBE MISSED - APPROPRIATE REMEDY FOR WASTE COMMITTED BY LIFE ESTATE HOLDER WHEN NOT ALL VESTED REMAINDERMEN EXIST YET

Answer 597

1. INJUNCTION STOPPING FURTHER WASTE 2. IMPOUND DAMAGES UNTIL ALL POSSIBLE REMAINDERMEN EXIST

Question 598

# 1 A QUORUM OF THE BOARD OF DIRECTORS IS BROKEN WHERE

Answer 598

1. A DIRECTOR WITHDRAWS

Question 599

# 3 TRADE FIXTURES - DEFINTION AND REMOVAL

Answer 599

1. AFFIXED TO REAL ESTATE BY COMMERCIAL TENANT FOR BUSINESS PURPOSES 2. STRONGLY PRESUMED REMOVABLE 3. TENANT BEARS COST OF REPAIR FOR DAMAGES CAUSED BY REMOVEABLE

Question 600

# 2 ADVERSE POSSESSION - RUNNING OF THE STATUTE REQUIREMENTS

Answer 600

1. AT COMMON LAW, 20 YEARS 2. VARIES BY JURISDICTION

Question 601

# 2 TRANSFERRABILITY OF INTERESTS IN A LLC

Answer 601

1. MANAGEMENTS INTERESTS ARE NOT FREELY TRANSFERRABLE 2. RIGHT TO RECEIVE PROFITS AND LOSSES ARE TRANSFERRABLE

Question 602

# 1 POSSIBLITY OF REVERTER - FUTURE INTEREST CONVEYED BY

Answer 602

1. FEE SIMPLE DETERMINABLE

Question 603

# 2 ATTORNEY WORK PRODUCT - FEDERAL - ATTORNEY WORK PRODUCT MATERIAL (WITH THE EXCEPTION OF ATTY'S MENTAL IMPRESSIONS) CAN BE OBTAINED WHERE PARTY SEEKING DISCOVERY CAN SHOW

Answer 603

1. UNDUE HARDSHIP 2. NO OTHER MEANS OF OBTAINING THE MATERIAL

Question 604

# 3 SARBANES-OXLEY CRIMINAL PENALTIES

Answer 604

1. DESTROY OR ALTER CORPORATE DOCS OR AUDIT RECORDS -FINE AND UP TO 20 YEARS IN PRISON 2. COMMIT SECURITIES FRAUD - UP TO 25 YEARS IN PRISON 3. WHISTLEBLOWERS ARE PROTECTED

Question 605

# 3 SPECIAL CLASSIFICATIONS - PERSONAL INJURY - DISPOSAL OF DAMAGES

Answer 605

1. PERSONAL INJURY DAMAGES RECEIVED DURING MARRIAGE ARE COMMUNITY PROPERTY 2. PERSONAL INJURY DAMAGES FOR INJURY RECEIVED DURING MARRIAGE ARE ASSIGNED TO INJURED SPOUSE AFTER DIVORCE UNLESS JUSTICE DEMANDS OTHERWISE 3. REIMBURSEMENT MADE TO COMMUNITY WHERE COMMUNITY INCCURED EXPENSES ON BEHALF OF INJURED SPOUSE

Question 606

# 1 MALUM IN SE CRIME

Answer 606

1. A MALUM IN SE CRIME INVOLVES MORAL TURPITUDE.

Question 607

# 3 DEED OF TRUST

Answer 607

1. FUNCTIONS LIKE MORTGAGE 2. GIVEN TO THIRD PARTY TRUSTEE 3. DEBTOR IS MADE "TRUSTOR"

Question 608

# 2 TYPES OF COMPENSATORY DAMAGES IN TORT ACTIONS

Answer 608

1. GENERAL DAMAGES 2. SPECIAL DAMAGES

Question 609

# 3 CRIMINAL FRAUD - FRAUD IS THE CRIME OF

Answer 609

1. MAKING A KNOWING MISREPRESENTATION OF MATERIAL FACTS 2. WITH THE SPECIFIC INTENT TO INDUCE RELIANCE ON THE MISREPRESENTED FACTS 3. TO PERMANENTLY DEPRIVE VICTIM OF PROPERTY OR SERVICES.

Question 610

# 1 IMPARTIAL JURORS MUST REPRESENT

Answer 610

1. A FAIR CROSS-SECTION OF THE COMMUNITY

Question 611

# 1 PERSONAL JURISDICTION

Answer 611

1. JURISDICTION OVER THE PARTIES INVOLVED IN THE CASE

Question 612

# 2 FEDERAL COURTS HAVE SUBJECT MATTER JURISDICTION OVER

Answer 612

1. FEDERAL QUESTION CASES 2. DIVERSITY OF CITIZENSHIP CASES

Question 613

# 2 REMEDIES FOR ACTUAL PARTIAL EVICTION

Answer 613

1. TENANT MAY WITHHOLD ENTIRE RENT 2. TENANT DOES NOT HAVE TO MOVE OUT

Question 614

# 4 BUSINESS RECORDS AND KRAP

Answer 614

Regular practice of the business to KEEP Made in the REGULAR course of business Made AT or near the time of the event Made by an employee with PERSONAL knowledge, or provided to that employe

Question 615

# 3 THREE TYPES OF PRODUCT DEFECTS

Answer 615

1. DESIGN DEFECTS 2. MANUFACTURING DEFECTS 3. FAILURE TO WARN

Question 616

# 3 CONSEQUENCE OF THIRD PARTY KNOWINGINGLY RECEIVING TRUST PROPERTY

Answer 616

1. CREATES CONSTRUCTIVE TRUST 2. WHERE THIRD PARTY ACTS AS TRUSTEE 3. MAKING HIM PERSONALLY LIABLE FOR ANY DAMAGE TO TRUST PROPERTY

Question 617

# 1 LAND SALE CONTRACT

Answer 617

1. CONTRACT CONVEYING AN INTEREST IN REAL PROPERTY

Question 618

# 2 ENFORCEMENT OF PARTIAL PERFORMANCE OF A DIVISIBLE CONTRACT

Answer 618

1. A PARTY TO A DIVISIBLE CONTRACT MAY COLLECT THE CONTRACT PRICE FOR ALL DUTIES PERFORMED 2. EVEN WHERE HE BREACHES THE REMAINDER OF THE CONTRACT.

Question 619

# 1 CONSEQUENCE OF COMPARATIVE FAULT FINDING

Answer 619

1. PLAINTIFF'S RECOVERY IS REDUCED BY PERCENTAGE EQUAL TO PERCENTAGE OF FAULT FOUND

Question 620

# 1 RIPARIAN RIGHTS - COMMON LAW RULE

Answer 620

1. OWNER MAY USE AS MUCH WATER AS HE CAN BUT TO BENEFICIAL USE.

Question 621

# 2 EQUAL PROTECTION CLAUSE - QUASI-SUSPECT CLASSES

Answer 621

1. GENDER 2. ILLEGITIMACY

Question 622

# 4 COMMUNITY PROPERTY

Answer 622

1. ALL PROPERTY 2. ACQUIRED BY MARRIED PERSON 3. WHILE DOMICILED IN CA 4. THAT ISN'T CLASSIFIED AS SP

Question 623

# 3 RENEWED JUDGMENT AS A MATTER OF LAW - FEDERAL

Answer 623

1. PARTY MUST HAVE FILED A JMOL 2. FILED AFTER JURY REACHES VERDICT 3. ASKING FOR JUDGMENT AS A MATTER OF LAW BECAUSE REASONABLE PEOPLE COULD NOT DISAGREE W/RESULT

Question 624

# 2 TRANSFERRED INTENT - LIABLITY ARISES FOR ALL INJURES CAUSED

Answer 624

1. BY ANY INTENTIONAL TORTS CAUSED BY DEFENDANT'S ORIGINAL ACTION 2. REGARDLESS OF DEFENDANT'S INTENT TO CAUSE INURIES

Question 625

# 2 UCC- AN ACCEPTANCE CONDITIONED ON OFFEROR'S ACCEPTANCE OF VARYING TERMS - VARYING TERMS WILL BE CONSIDERED

Answer 625

1. PROPOSED MODIFICATIONS 2. OR A COUNTER-OFFER AND REJECTION.

Question 626

# 2 RESTRICTIONS ON SELLING CONTROLLING PERCENTAGE OF CORP SHARES - SALE AT PREMIUM MUST BE

Answer 626

1. IN GOOD FAITH AND FAIR 2. NOT MADE FOR PERSONAL BENEFIT FOR SALE OF A CORPORATE ASSET.

Question 627

# 3 MBE - FREE EXERCISE CLAUSE AND PROSCRIBED RELIGIOUS CONDUCT

Answer 627

1. VALID AND NEUTRAL LAW OF GENERAL APPLICABILITY 2. RATIONALLY RELATED TO LEGITIMATE STATE PURPOSE 3. MAY PROSCRIBE CONDUCT REQUIRED BY RELIGION

Question 628

# 2 BOARD OF DIRECTORS

Answer 628

1. USUALLY, INITIAL BOARD LISTED IN ARTICLES 2. VACANCIES ARE FILLED BY SHAREHOLDER VOTE

Question 629

# 3 ELEVENTH AMENDMENT MAKES STATES IMMUNE TO

Answer 629

1. SUITS FROM CITIZENS OF OTHER STATES IN FEDERAL COURTS 2. SUITS FROM CITIZENS OF FOREIGN STATES IN FEDERAL COURTS 3. SUITS FROM ITS CITIZENS UNLESS CONSENTED TO

Question 630

# 3 VALID WILL REQUIREMENTS

Answer 630

1. PRESENT TESTAMENTARY INTENT 2. CAPACITY 3. COMPLIANCE WITH REQUISITE FORMALITIES

Question 631

# 2 DYING DECLARATION EXCEPTION IS ONLY AVAILABLE TO USE IN THESE PROCEEDINGS

Answer 631

1. CIVIL CASE 2. HOMICIDE TRIAL

Question 632

# 1 PERMISSIVE WASTE

Answer 632

1. PROPERTY IS POORLY OR NOT MAINTAINED

Question 633

# 2 AN INVITATION TO NEGOTIATE LACKS

Answer 633

1. PRESENT CONTRACTUAL INTENT 2. CERTAIN TERMS LEADING A REASONABLE PERSON TO CONCLUDE ASSENT WOULD FORM A BARGAIN

Question 634

# 13 BAD SPLITS PEPPI F (HEARSAY EXCEPTIONS AND MEANS OF GETTING HEARSAY ADMITTED.)

Answer 634

1. BUSINESS RECORDS EXCEPTION 2. ADMISSIONS BY PARTY OPPONENT 3. DYING DECLARATION 4. SPONATENOUS STATEMENT/EXCITED UTTERANCE 5. PUBLIC RECORDS 6. LEARNED TREATISE 7. INTEREST, DECLARATION AGAINST 8. TESTIMONY, FORMER 9. STATE OF MIND OR CONDITION 10. PRIOR CONSISTENT STATEMENT 11. PRIOR INCONSISTENT STATEMENT 12. IDENTIFICATION, PRIOR STATEMENT OF 13. FORFEITURE BY WRONGDOING

Question 635

# 6 REQUIREMENTS FOR A VALID TRUST

Answer 635

1. SETTLOR 2. PRESENT INTENT TO CREATE TRUST 3. IDENTIFIABLE EXISTING PROPERTY (RES) 4. LEGAL PURPOSE NOT AGAINST PUBLIC POLICY 5. IDENTIFIABLE BENEFICIARIES 6. TRUSTEE NEED NOT BE NAMED

Question 636

# 7 LANDLORD/TENANT QUESTIONS - ORDER OF TENANT STRING

Answer 636

1. FIRST TENANTS LEASEHOLD 2. LANDLORD'S INTEREST 3. TENANT'S DUTIES - EXPRESS AND IMPLIED (RUNNING WITH LAND) 4. ASSIGNMENT OR SUBLEASE 5. SECOND TENANT IF APPLICABLE 6. PRIVITY OF CONTRACT VS. PRIVITY OF ESTATE 7. IMPLIED COVENANTS

Question 637

# 3 TRUSTEE - DUTY OF LOYALTY

Answer 637

1. NO SELF-DEALING 2. NO CONFLICTS OF INTEREST 3. TREAT ALL BENEFICIARIES EQUALLY

Question 638

# 2 RECEIVING STOLEN PROPERTY IS THE CRIME OF

Answer 638

1. POSSESSING PROPERY KNOWN TO BE STOLEN 2. WITH THE INTENT TO PERMANENTLY DEPRIVE THE OWNER OF RIGHTFUL POSSESSION OF THE SAME.

Question 639

# 2 ACTUAL CAUSE - TORTS

Answer 639

1. BUT FOR DEFENDANT'S NEGLIGENCE 2. PLAINTIFF'S INJURY WOULD NOT HAVE OCCURRED.

Question 640

# 3 COMMUNITY PROPERTY - CONTRIBUTIONS USED TO IMPROVE SPOUSE'S OWN SEPARATE PROPERTY

Answer 640

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

Question 641

# 4 EQUITY - REASONS FOR REMEDY INADEQUATE AT LAW

Answer 641

1. INSOLVENT DEFENDANT 2. REPLEVIN CAN'T WORK BECAUSE PROPERTY SOLD 3. PROPERTY IS UNIQUE 4. MONEY DAMAGES TOO SPECULATIVE

Question 642

# 1 IMPLIED EQUITABLE SERVITUDE - INQUIRY NOTICE

Answer 642

1. THE NEIGHBORHOOD CLEARLY CONFORMS TO UNIFORM RESTRICTIONS AND SPECIFICATIONS.

Question 643

# 2 COMMON LAW DUTY TO KNOWN TRESPASSERS

Answer 643

1. DUTY TO WARN OF HIDDEN DANGERS 2. NO DUTY TO INSPECT

Question 644

# 3 DEFENDANT MAY USE THE DEFENSE OF DISCIPLINE WHERE DEFENDANT WAS

Answer 644

1. A FIGURE OF AUTHORITY 2. PRIVILEGED TO USE REASONABLE NON-DEADLY FORCE 3. FOR THE REASONABLE APPLICATION OF DISCIPLINE WHERE APPROPRIATE

Question 645

# 2 CONTRACT OF ADHESION

Answer 645

1. THE RESULT OF A TAKE IT OR LEAVE IT OFFER 2. WILL NOT BE ENFORCED WHERE SUFFICIENT CONTRACTUAL INTENT IS FOUND LACKING.

Question 646

# 3 WHAT MAKES A GENERAL PARTNERSHIP?

Answer 646

1. ASSOCIATION OF TWO OR MORE PERSONS 2. OPERATING AS CO-OWNERS OF BUSINESS FOR PROFIT 3. WHETHER OR NOT INTENT TO FORM PARTNERSHIP

Question 647

# 2 DEPENDENT RELATIVE REVOCATION REVIVES

Answer 647

1. MOST RECENT WILL 2. UNLESS CLEAR INTENT FROM TESTATOR TO REVIVE AN EARLIER WILL

Question 648

# 1 HOW LONG DOES A SUSPECT'S INVOKED MIRANDA RIGHT TO COUNSEL LAST?

Answer 648

1. UNTIL SUFFICIENT BREAK IN POLICE CUSTODY (14 DAYS)

Question 649

# 6 RESPONSE TO DISCOVERY REQUEST WHEN CLAIMING PRIVELEGE

Answer 649

1. OBJECT WITH PARTICULARLITY 2. IDENTIFY THE PRIVILEGED DOCUMENT 3. **ITS AUTHOR** 4. THE DATE 5. **THE RECIPIENTS** 6. AND THE SPECIFIC PRIVILEGE THAT APPLIES

Question 650

# 2 WILLS -EXONERATION OF ENCUMBRANCE ON GIFT-ELEMENTS

Answer 650

1. WILL REQUIRES ENCUMBRANCE ON GIFT BE PAID 2. SO GIFT CAN BE DEVISED FREE AND CLEAR

Question 651

# 1 CONSPIRACY - MANY JURISDICTION WILL IMPLY EVIDENCE OF AN AGREEMENT TO PARTICIPATE IN A CONSPIRACY

Answer 651

1. BY ACTIONS

Question 652

# 1 LIABILITY UNDER RESPONDEAT SUPERIOR ARISES WHERE

Answer 652

1. TORT WAS COMMITTED IN THE SCOPE OF EMPLOYMENT

Question 653

# 3 COMMINGLED FUNDS, TRANSMUTATION AND TRACING

Answer 653

1. WHERE SPOUSE ADVOCATING SEPERATE PROPERTY 2. CAN TRACE SP PORTION OF FUNDS IN CP BANK ACCOUNT 3. NO TRANSMUTING OF SP FUNDS TO CP

Question 654

# 1 ROUTINE STOP - PATDOWNS ARE OK IN A STOP AND FRISK WHERE

Answer 654

1. SUSPECT APPEARS ARMED AND DANGEROUS

Question 655

# 2 DUTY TO REFRAIN FROM COMMUNICATING WITH REPRESENTED ADVERSE PARTY - ATTORNEY MAY NOT SPEAK TO

Answer 655

1. ADVERSE PARTY WHO IS REPRESENTED BY COUNSEL 2. EMPLOYEES OF ADVERSE PARTY REPRESENTED BY COUNSEL

Question 656

# 2 UTTERING

Answer 656

1. UTTERING IS THE CRIME OF USING A KNOWN FORGED DOCUMENT 2. WITH THE INTENT TO DEFRAUD

Question 657

# 2 VALID WILL - INTERESTED WITNESSES - CONSEQUENCE WHEN PRESUMPTION OF FRAUD, UNDUE INFLUENCE ETC. NOT REBUTTED

Answer 657

1. ONLY INTERESTED WITNESS' PORTION OF WILL INVALIDATED 2. INTERESTED WITNESSES TAKE INTESTATE SHARE

Question 658

# 4 PRESENT RECOLLECTION REFRESHED DIFFERENCES FROM PRESENT RECOLLECTION RECORDED

Answer 658

1. RECORD DOESN'T NEED TO HAVE BEEN MADE IMMEDIATELY AFTER EVENT 2. RECORD DOESN'T NEED TO HAVE BEEN MADE FROM FIRST HAND KNOWLEDGE 3. WITNESS DOESN'T NEED TO HAVE BEEN INVOLVED WITH DOCUMENT CREATION. 4. WITNESS NEED NOT TESTIFY TO RECORD'S ACCURACY.

Question 659

# 4 ULTRAHAZARDOUS ACTIVITIES ELEMENTS

Answer 659

1. ACTIVITY IS OF UNCOMMON USAGE AND UNCOMMON TO AREA 2. POSE A HIGH DEGREE OF RISK THAT CANNOT BE ELIMINATED BY DUE CARE 3. RISK OUTWEIGHS ITS UTILITY 4. RISKED HARM IS SIGNIFICANT

Question 660

# 1 MBE MISSED - CONTENT NEUTRAL RESTRICTIONS ON SPEECH ARE REVIEWED USING

Answer 660

1. INTERMEDIATE SCRUTINY

Question 661

# 1 MBE MISSED - WHEN ATTEMPTED CRIME MISTAKENLY INJURES WRONG VICTIM, DEFENDANT WILL BE CHARGED WITH ATTEMPTED CRIME AGAINST

Answer 661

1. ORIGINALLY INTENDED VICTIM

Question 662

# 2 EQUITABLE MORTGAGE OCCURS WHERE

Answer 662

1. MORTGAOR DELIVERS DEED TO MORTGAGEE 2. INSTEAD OF SIGNING NOTE

Question 663

# 2 JUDICIAL TRENDS ON MINIMAL CONTACTS BY INTERNET PRESENCE

Answer 663

1) PASSIVE WEBSITES INSUFFICIENT FOR CONTACT 2) INTERACTIVE AND AND COMMERCIAL SITES SUFFICIENT FOR CONTACT

Question 664

# 3 TAKINGS CLAUSE - NON PER SE TAKING EVALUATION FACTORS

Answer 664

1. ECONOMIC IMPACT ON CLAIMANT 2. EXTENT OF INTERFERENCE WITH INVESTOR BACKED EXPECTATIONS 3. CHARACTER OF GOVERNMENT ACTION

Question 665

# 2 GIFTS TO ATTORNEYS

Answer 665

1. ATTORNEYS CANNOT PREPARE ANY INSTRUMENT MAKING THE ATTORNEY OR A PERSON RELATED TO THE ATTORNEY RECIPIENT OF A SUBSTANTIAL GIFT 2. UNLESS THE ATTORNEY IS RELATED TO THE CLIENT

Question 666

# 7 PREMARITAL AGREEMENTS DEEMED INVOLUNTARY UNLESS

Answer 666

1. HAD CAPACITY 2. NO DURESS 3. NO FRAUD 4. NO UNDUE INFLUENCE 5. PRESENTED WITH AGREEMENT AT LEAST SEVEN DAYS BEFORE SIGNING 6. ADVISED TO SEEK INDEPENDENT COUNSEL 7. WAIVED INDEPENDENT COUNSEL IN SEPARATE WRITING

Question 667

# 2 CORPORATE OFFICERS - REMOVAL AND RESIGNATION

Answer 667

1. MAY BE REMOVED WITH SHAREHOLDER VOTE 2. MAY RESIGN WITH NOTICE

Question 668

# 4 CAUSES OF JUDICIAL DISSOLUTION OF CORPORATION - COURT WILL FORCE DISSOLUTION WHERE

Answer 668

1. FRAUD 2. ULTRA VIRES ACTION 3. MISCONDUCT 4. CREDITORS SEEKING TO ENFORCE JUDGMENT

Question 669

# 7 TYPES OF CONTRACT DAMAGES

Answer 669

1. EXPECTATION DAMAGES 2. CONSEQUENTIAL DAMAGES 3. INCIDENTAL DAMAGES 4. RELIANCE DAMAGES 5. LIQUIDATED DAMAGES 6. NOMINAL DAMAGES 7. PUNITIVE DAMAGES

Question 670

# 2 ORDER OF DECISIONS IN CALIFORNIA TRAIL (EQUITY AND FACT)

Answer 670

1. COURT DECIDES EQUITABLE ISSUES FIRST 2. JURY DECIDES FACTS SECOND

Question 671

# 5 POTENTIAL LIMITATIONS ON CONTRACT DAMAGES

Answer 671

1. CAUSATION 2. FORESEEABILITY 3. CERTAINTY 4. UNAVOIDABLE 5. LIQUIDATED DAMAGES CLAUSE

Question 672

# 2 RIPARIAN RIGHTS - PRIOR APPROPRIATION DOCTRINE

Answer 672

1. OWNER OF RIPARIAN LAND MUST GET A PERMIT TO USE WATER. 2. PRIORITY OF WATER USE IS DETERMINED BY CHRONOLOGY OF PERMIT DATE.

Question 673

# 2 PREMARITAL AGREEMENT RECEIPT REQUIREMENTS - RECIPIENT MUST DECLARE

Answer 673

1. RECEIPT OF DISCLOSURE IN WRITING 2. NAME OF PARTY DELIVERING DISCLOSURE IN WRITING

Question 674

# 3 COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE'S SEPARATE PROPERTY - BUSINESS - WHEN TO USE VAN CAMP

Answer 674

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 675

# 3 ATTEMPT CRIME

Answer 675

1. SPECIFICALLY INTENDED 2. SUBSTANTIAL STEP TAKEN TOWARD 3. A CRIMINAL OBJECTIVE

Question 676

# 1 WHERE DEFAMATORY STATEMENT IS OF PUBLIC INTEREST, BURDEN OF PROOF IS ON

Answer 676

1. PLAINTIFF TO PROVE FALSITY

Question 677

# 4 FEE SIMPLE DETERMINABLE - OTFC

Answer 677

1. **OWNERSHIP -** POTENIALLY INFINITE, SUBJECT TO OCCURENCE OF POSSIBLE EVENT 2. **TRANSFERABILITY -** ALIENABLE, DEVISABLE, DESCENDIBLE, SUBJECT TO CONDITION 3. **FUTURE INTEREST GRANTOR OWNS -** POSSIBILITY OF REVERTER 4. **CREATED BY -** WORDS OF DURATION

Question 678

# 3 WHO IS AN ASSIGNEE

Answer 678

1. A PARTY ASSIGNED PROMISEE'S CONTRACT RIGHTS 2. BY PROMISEE'S CLEAR EXPRESSION OF INTENT TO ASSIGN RIGHTS 3. WHO MAY SEEK DAMAGES FOR BREACH FROM PROMISOR

Question 679

# 3 FEDERAL QUESTION CATEGORIES

Answer 679

1. US CONSTITUTION 2. FEDERAL LAWS 3. TREATIES

Question 680

# 2 SUPREMACY CLAUSE - FIELD PREEMPTION - EXPRESS PREEMPTION OCCURS WHEN FEDERAL STATUTE

Answer 680

1. EXPLICITLY CONFIRMS 2. CONGRESS' INTENT TO PREEMPT STATE LAW

Question 681

# 3 IMPLIED-IN-FACT CONTRACT

Answer 681

1. WHERE ONE PARTY ACTS TO CONVEY A BENEFIT TO ANOTHER PARTY WITH A REASONABLE EXPECTATION OF COMPENSATION 2. THE OTHER PARTY ACCEPTING THE BENEFIT WITH KNOWLEDGE OF THE EXPECTATION 3. THE FACTS WILL IMPLY A LEGALLY BINDING CONTRACT EVEN THOUGH NO FORMAL AGREEMENT EXISTS.

Question 682

# 1 PARTY ADMISSION

Answer 682

1. Any statement made by a party is admissible if offered against the party.

Question 683

# 3 SEARCH AND SEIZURE - REASONABLE EXPECTATION OF PRIVACY IN HOME INCLUDES

Answer 683

1. THE HOME AND ITS CURTILAGE 2. OVERNIGHT GUESTS AT HOME 3. OWNERSHIP OF HOME

Question 684

# 1 CEC DIFFERENCE FROM FRE FOR VICARIOUS PARTY ADMISSION

Answer 684

1. CEC ALLOWS VICARIOUS PARTY ADMISSION IF ONLY BASIS FOR RESPONDEAT SUPERIOR.

Question 685

# 2 ESTIMATING VALUE OF EQUITABLE CLAIM TO REACH 75,000 FOR DIVERSITY JURISDICTION

Answer 685

1. VALUE OF HARM SUFFERED BY PLAINTIFF 2. COST OF COMPLIANCE WITH ORDER FOR EQUITABLE RELIEF

Question 686

# 3 EASEMENT CREATION BY IMPLICATION

Answer 686

1. PREEXISTING REASONABLE USE OF A SINGLE TRACT 2. SINGLE TRACT IS DIVIDED 3. EASEMENT REASONABLY NECESSARY TO DOMINANT TRACT'S USE AND ENJOYMENT OF PROPERTY

Question 687

# 3 DUTY OF LOYALTY - CONFLICTING INTEREST MUST NOT BELONG TO

Answer 687

1. LAYWER 2. ONE OF THE LAWYER'S OTHER CLIENTS 3. A THIRD PARTY WITH WHOM THE LAYWER IS CLOSELY RELATED

Question 688

# 2 WARRANT REQUIREMENTS FOR EAVEDROPPING AND WIRETAPPING

Answer 688

1. WIRETAPPING AND EAVESDROPPING REQUIRE A WARRANT 2. BUT COMMMUNICATION ASSUMES A RISK THAT RECIPIENT IS BEING WIRETAPPED OR EAVESROPPED.

Question 689

# 1 WHAT IS A "LOST VOLUME SELLER"?

Answer 689

1. A SELLER WHO IS DENIED MULTIPLE SALES AND PROFIT BY A BREACHING BUYER

Question 690

# 4 ANTILAPSE

Answer 690

1. BENEFICIARY PREDECEASES TESTATOR 2. BENEFICIARY'S LINEAL DEPENDENTS TAKE HER PLACE 3. WHERE BENEFICIARY RELATED TO TESTATOR OR TESTATOR'S SURVIVING, FORMER OR DECEASED SPOUSE 4. UNLESS TESTATOR EXPRESSED CONTRARY INTENTION IN WILL

Question 691

# 2 REQUIREMENTS FOR SHAREHOLDER VALIDATION OF FUNDAMENTAL CORPORATE CHANGES

Answer 691

1. MAJORITY VOTE 2. OF **ALL** OUTSTANDING SHARES TO VALIDATE

Question 692

# 1 MODERN DUTY OF LANDOWNERS

Answer 692

1. GENERAL DUTY OF CARE TO THOSE OFF AND ON THE LAND

Question 693

# 4 PERMISSIVE WITHDRAWAL TRIGGERS

Answer 693

1. MENTAL OR PHYSICAL CONDITION MAKES REPRESENTATION DIFFICULT 2. CLIENT FREELY AGREES TO TERMINATION 3. CLIENT WANTS UNETHICAL OR MORALLY REPUGNANT COURSE OF ACTION THAT ATTORNEY DISAGREES WITH 4. CLIENT MAKES REPRESENTATION UNREASONABLY DIFFICULT TO CONTINUE

Question 694

# 6 REMEDY OPTIONS FOR BREACH OF TRUST

Answer 694

1. DAMAGES 2. CONSTRUCTIVE TRUST 3. TRACING AND EQUITABLE LIEN 4. RATIFY TRANSACTION AND WAIVE BREACH 5. SUE FOR RESULTING LOSS 6. REMOVE TRUSTEE

Question 695

# 2 REQUIREMENT OF PERSONAL SATISFACTION WHERE NOT AN EXPRESS MATERIAL CONDITION OF THE CONTRACT

Answer 695

1. COURTS GENERALLY HOLD PERSONAL SATISFACTION PROMISES TO BE COVENANTS TO PERFORM IN A MANNER SATIFSACTORY TO THE REASONABLE PERSON 2. UNLESS THE SERVICE TO BE RENDERED IS ONE HIGHLY SUBJECT TO PERSONAL TASTE.

Question 696

# 2 SPECIFIC INTENT CRIME

Answer 696

1. A SPECIFIC INTENT CRIME REQUIRES THE MENS REA TO COMMIT THE LEGALLY PROSCRIBED CONDUCT 2. IN ORDER TO ACHIEVE A SPECIFIC PURPOSE.

Question 697

# 2 CONSPIRACY'S END

Answer 697

1. CONSPIRACY ENDS WHEN GOAL IS ATTAINED 2. OR GOAL IS ABANDONED.

Question 698

# 4 A SHIFTING EXECUTORY INTEREST IS A

Answer 698

1. FUTURE INTEREST IN PROPERTY HELD BY A THIRD PARTY 2. THAT WILL DIVEST A ;POSSESSORY GRANTEE OF FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION OF HIS INTEREST IN THE PROPERTY 3. UPON OCCURENCE OF THE EXECUTORY LIMITATION 4. **SHIFTING** THE POSSESSORY PRESENT INTEREST IN THE PROPERTY TO THE THIRD PARTY

Question 699

# 2 RATIFICATION

Answer 699

1. THE ACT OF AFFIRMING A PREVIOUSLY VOIDABLE CONTRACT 2. MAKING IT ENFORCEABLE AT LAW AGAINST RATIFYING PARTY.

Question 700

# 3 DEFENSES TO PRODUCTS DEFECT STRICT LIABILITY

Answer 700

1. MISUSE 2. ASSUMPTION OF RISK 3. CONTRIBUTORY NEGLIGENCE/COMPARATIVE FAULT

Question 701

# 2 COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE'S SEPARATE PROPERTY - BUSINESS - WHEN TO USE PEREIRA

Answer 701

1. MOST VALUABLE FACTOR OF APPRECIATION WAS SPOUSE'S LABOR 2. FAVORS COMMUNITY

Question 702

# 4 ERIE DOCTRINE - WHEN NO FEDERAL DIRECTIVE ON POINT, WHETHER A LAW IS SUBSTANTIVE OR PROCEDURAL IS DETERMINED BY

Answer 702

1. WHETHER OR NOT THE LAW APPLIED WOULD AFFECT THE CASE **OUTCOME** 2. IF YES, APPLY STATE LAW 3. TO DETER FORUM SHOPPING 4. AND PREJUDICE AGAINST THE PARTIES

Question 703

# 2 AT COMMON LAW, PRINCIPAL IN THE SECOND DEGREE IS A PARTY WHO

Answer 703

1. HELPS THE PRINCIPAL COMMIT THE CRIME 2. IS PRESENT DURING THE COMMISSION OF THE CRIME

Question 704

# 3 TESTAMENTARY TRUST

Answer 704

1. CREATED BY WILL 2. WILL CONTAINS MATERIAL PROVISIONS OF TRUST 3. TRUST ARISES WHEN TESTATOR DIES

Question 705

# 3 STRICT LIABILITY TRIGGERS

Answer 705

1. ABNORMALLY DANGEROUS ACTIVITIES 2. WILD ANIMALS 3. KNOWN DANGEROUS DOMESTIC ANIMALS

Question 706

# 2 MBE - DEFENDANT MAY OFFER PROOF OF HIS GOOD CHARACTER USING TESTIMONY ABOUT THESE TWO THINGS

Answer 706

1. TESTIMONY ABOUT THE DEFENDANT'S REPUTATION 2. TESTIMONY IN THE FORM OF OPINION

Question 707

# 2 REQUIREMENTS FOR FORMING A GENERAL PARTNERSHIP

Answer 707

1. NO FORMALITIES 2. ONLY INTENT TO OPERATE A FOR PROFIT BUSINESS AS CO-OWNERS

Question 708

# 4 REMAINDER ELEMENTS

Answer 708

1. FUTURE INTEREST HELD BY A THIRD PARTY 2. BECOMES POSSESSORY AT EXPIRATION OF A PRIOR POSESSORY **ESTATE** 3. CANNOT DIVEST PRESENT INTEREST HOLDER OF POSSESSORY RIGHTS. 4. NEVER FOLLOWS A DEFEASIBLE FEE.

Question 709

# 2 DIVERSITY - POTENTIAL LOSS WHERE DAMAGES AWARDED ARE LESS THAN 75,000

Answer 709

1. IF BAD FAITH PROVEN 2. DEFENDANT WILL RECEIVE AN AWARD OF ATTORNEYS FEES AND COSTS

Question 710

# 1 CORPORATION'S RESIDENCE FOR VENUE OF FEDERAL COURT IS ESTABLISHED BY

Answer 710

1. WHERE THEY ARE SUBJECT TO PERSONAL JX AT THE TIME OF FILING.

Question 711

# 4 EQUITABLE SERVITUDES - REQUIREMENTS FOR BURDEN TO RUN WITH THE LAND

Answer 711

1. WRITING 2. INTENT TO BIND SUCCESSORS-IN-INTEREST 3. TOUCH AND CONCERN 4. NOTICE

Question 712

# 1 AMELIORATIVE WASTE REMEDY FOR TENANT

Answer 712

1. TENANT MUST RESTORE PREMISES TO THEIR ORIGINAL CONDITION

Question 713

# 3 MODIFICATION OR REVOCATION OF TRUST

Answer 713

1. MAJORITY RULE - ONLY WHERE SETTLOR EXPRESSLY RESERVES POWER IN TRUST 2. MINORITY RULE AND CA - TRUSTS ARE ALWAYS REVOCABLE UNLESS EXPRESSLY STATED OTHERWISE IN TRUST 3. COURTS CAN MODIFY TRUSTS TO MEET SETTLOR'S INTENT

Question 714

# 2 PURE ECONOMIC LOSS IN TORT RECOVERY

Answer 714

1. NOT USUALLLY RECOVERABLE ABSENT A SHOWING OF PROPERTY LOSS OR PERSONAL INJURY 2. UNLESS TORT OF INTENTIONAL INTERFERENCE WITH BUSINESS RELATIONS

Question 715

# 6 MEANS OF TERMINATING ACTUAL IMPLIED AUTHORITY (BLO-CHU)

Answer 715

1. BREACH OF AGENT'S FIDUCIARY DUTIES 2. LAPSE OF STATED PERIOD OR REASONABLE TIME 3. OPERATION OF LAW (DEATH, BK) 4. CHANGED CIRCUMSTANCES 5. HAPPENING OF A SPECIFIC EVENT 6. UNILATERAL TERMINATION BY EITHER PARTY

Question 716

# 4 FIDUCIARY DUTIES OWED BY SPOUSES - FULL DISCLOSURE OF MATERIAL FACTS - SPOUSES MUST DISCLOSE

Answer 716

1. COMMUNITY ASSETS 2. COMMUNITY DEBTS 3. PROVIDE EQUAL ACCESS TO THIS INFORMATION

Question 717

# 2 WHAT EFFECT DOES ASSIGNMENT HAVE ON PROMISEE'S RIGHTS?

Answer 717

1. EXTINGUISHES PROMISEE'S RIGHTS 2. PROMISOR IS ONLY LIABLE TO ASSIGNEE.

Question 718

# 2 ABANDONMENT ACTION FOR TERMINATION OF EASEMENT

Answer 718

1. EASEMENT HOLDER DEMONSTRATED INTENT TO NEVER USE THE EASEMENT AGAIN BY PHYSICAL ACTION. 2. WORDS OR NON-USE BY EASEMENT HOLDER ARE INSUFFICIENT TO SUPPORT ABANDONMENT.

Question 719

# 1 DUTY TO MITIGATE, INJURED TORT PLAINTIFF HAS DUTY TO

Answer 719

1. SEEK TREATMENT

Question 720

# 5 MBE MISSED - PAST BAD ACTS MAY BE ADMITTED TO SHOW

Answer 720

1. PLAN 2. KNOWLEDGE 3. IDENTITY 4. ABSENCE OF MISTAKE 5. LACK OF ACCIDENT

Question 721

# 2 CAN DISCOVERY SEEK INADMISSIBLE INFORMATION?

Answer 721

1. DISCOVERY CAN SEEK INADMISSIBLE INFORMATION 2. SO LONG AS SUCH INFORMATION CAN REASONABLY LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE

Question 722

# 1 COURTS WILL TYPICALLY NOT TRANSFER INTENT FOR

Answer 722

1. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Question 723

# 3 PRELIMINARY INJUNCTION REQUIRES A SHOWING OF

Answer 723

1. NEED OF MAINTAINING STATUS QUO PRIOR TO TRIAL 2. BALANCING OF HARDSHIPS IN FAVOR OF GRANTING INJUNCTION 3. LIKELIHOOD OF SUCCESS OF MERITS ON UNDERLYING CLAIM

Question 724

# 2 PIERCING THE CORPORATE VEIL CAUSES - FRAUD - CORP WAS FORMED

Answer 724

1. TO COMMIT FRAUD 2. TO SHIELD SHAREHOLDERS FROM EXISTING OBLIGATIONS

Question 725

# 2 TRO REQUIRES A SHOWING OF

Answer 725

1. IRREPERABLE HARM DURING WAITING PERIOD FOR INJUNCTION 2. IF TRO NOT GRANTED

Question 726

# 1 HOLGRAPHIC WILL

Answer 726

1. SIGNATURE AND AT LEAST MATERIAL PROVISIONS IN TESTATOR'S HANDWRITING

Question 727

# 3 FREEDOM ASSOCIATION PREVENTS DENIAL OF

Answer 727

1. GOVERNMENT JOBS 2. GOVERNMENT BENEFITS 3. BASED ON ASSOCIATIONS

Question 728

# 1 TRANSMUTATION

Answer 728

1. CHANGE THE PROPERTY CHARACTERIZATION OF AN ASSET

Question 729

# 1 POLICE CUSTODY OCCURS WHEN

Answer 729

1. WHEN A REASONABLE PERSON WOULD NOT FEEL FREE TO LEAVE.

Question 730

# 2 FRAUD IN THE INDUCEMENT OCCURS WHEN AND CONSEQUENCE

Answer 730

1. TESTATOR INFLUENCED TO INCLUDE PROVISIONS IN WILL BY MISREPRESENTATIONS 2. ONLY FRAUDULENT PROVISIONS WILL BE FOUND INVALID

Question 731

# 8 DUTES OF TRUSTEE

Answer 731

1. DUTY TO ACCOUNT AND INFORM 2. DUTY OF DUE CARE 3. DUTY OF IMPARTIALITY BETWEEN CLASSES OF BENEFICIARIES 4. DUTY TO SEGREGATE AND EARMARK TRUST FUNDS 5. DUTY OF LOYALTY 6. DUTY TO PRUDENTLY INVEST TO MAKE PROPERTY PRODUCTIVE 7. DUTY TO DEFEND 8. DUTY TO ENFORCE

Question 732

# 1 CA - QUALIFIED ATTORNEY WORK PRODUCT

Answer 732

1. ANY ATTORNEY WORK PRODUCT NOT ABSOLUTELY PRIVILEGED

Question 733

# 1 PRIMARY RIGHTS THEORY - CA

Answer 733

1. SEPARATE CAUSE OF ACTION FOR EACH OF PRIMARY RIGHT.

Question 734

# 3 INTESTATE SUCCESSION - SEPARATE PROPERTY

Answer 734

1. IF ONLY SPOUSE SURVIVING - SPOUSE TAKES ALL 2. IF ONE CHILD, OR SIBLING, OR PARENT - SPOUSE TAKES HALF 3. IF MULTIPLE CHILDREN OR SIBLINGS, SPOUSE TAKES 1/3

Question 735

# 3 LARCENY

Answer 735

1. LARCENY IS SPECIFIC INTENT CRIME 2. WHERE DEFENDANT TRESPASSORILY TAKES AND CARRIES AWAY THE POSSESSORY PROPERTY OF VICTIM 3. WITH THE INTENT TO PERMENENTLY DEPRIVE THE VICTIM OF HIS POSSESSORY INTEREST IN THE SAME.

Question 736

# 2 REMITTUR ELEMENTS

Answer 736

1. JUDGE FINDS DAMAGE AWARD EXCESSIVE 2. ORDERS NEW TRIAL FOR DEFENDANT UNLESS PLAINTIFF ACCEPTS REDUCED DAMAGE AWARD.

Question 737

# 4 RESTRICTIONS ON SELLING CONTROLLING PERCENTAGE OF CORPORATE SHARES - SHARES MUST NOT BE SOLD TO

Answer 737

1. LOOTERS 2. THOSE WHOSE INTENT TO HARM CORP SHOULD BE KNOWN.

Question 738

# 2 MIRROR IMAGE RULE

Answer 738

1. UNDER THE COMMON LAW MIRROR IMAGE RULE, ACCEPTANCE MUST BE AN UNEQUIVOCAL ASSENT TO THE TERMS OF THE OFFER 2. BY WORDS OR PERFORMANCE

Question 739

# 2 TRUSTEE NAMING REQUIREMENTS OF A TRUST

Answer 739

1. TRUSTEE NEED NOT BE NAMED 2. COURT WILL APPOINT TRUSTEE WHERE TRUST DOES NOT NAME ONE

Question 740

# 3 MINORITY VIEW - UNILATERAL MISTAKE WILL VOID THE CONTRACT WHERE

Answer 740

1. MISTAKE IS DISCOVERED BEFORE NON-MISTAKEN PARTY DETRIMENTALLY RELIES ON THE CONTRACT 2. NOTICE OF THE MISTAKE IS PROMPTLY GIVEN 3. REIMBURSEMENT MADE FOR EXPENSES CAUSED BY THE MISTAKE.

Question 741

# 1 ABA FEE GUIDELINES

Answer 741

1. FEES CANNOT BE UNREASONABLE

Question 742

# 1 CONGRESSIONAL POWER - DELEGATION LIMITATIONS

Answer 742

1. CONGRESS MAY NOT DELEGATE ITS LEGISLATIVE POWERS

Question 743

# 2 ABA REQUIREMENT WHERE ATTORNEY LEARNS OF CLIENT PERJURY

Answer 743

1. TAKE REASONABLE REMEDIAL MEASURES 2. WHERE CLIENT REFUSES TO DISCLOSE LIE, DISCLOSURE TO TRIBUNAL

Question 744

# 4 PRIORITY OF DIVIDEND DISTRIBUTION

Answer 744

1. PREFERRED WITH DIVIDEND PREFERENCE 2. PREFERRED AND PARTICIPATING 3. PREFERRED AND CUMULATIVE 4. COMMON STOCK

Question 745

# 4 LANDLORD/TENANT QUESTIONS - ORDER OF LANDLORD STRING

Answer 745

1. RELATIONSHIP BETWEEN SUCCESSIVE LANDLORDS 2. DEEDS OF TRANSFER 3. PRIVITY BETWEEN CURRENT LANDLORD AND TENANT 4. DUTIES OWED

Question 746

# 4 REQUIREMENTS OF DISSENTING SHAREHOLDER TO BE COMPENSATED FOR SHARES

Answer 746

1. NOTICE OBJECTION TO CHANGE AND INTENT TO DEMAND PAYMENT 2. DELIVER WRITTEN NOTICE 3. CANNOT VOTE IN FAVOR OF CHANGE 4. DEMAND PAYMENT IN WRITING

Question 747

# 2 ADVERSE POSSESSION - ACTUAL AND EXCLUSIVE REQUIREMENTS

Answer 747

1. **ACTUAL -** OCCUPIER MADE USE OF THE LAND IN THE SAME MANNER THAT A TYPICAL USER OF SUCH LAND WOULD 2. **EXCLUSIVE -** OCCUPIER MAY NOT SHARE LAND WITH OWNER OR PUBLIC

Question 748

# 1 PIERCING THE CORPORATE VEIL - ESTOPPEL

Answer 748

1. DIRECTOR/OFFICER MADE A REPRESENTATION OF PERSONAL LIABILITY FOR CORPORATE DEBTS

Question 749

# 3 STATUATORY INTERPLEADER

Answer 749

1. DIVERSITY ONLY REQUIRED BETWEEN CLAIMAINTS 2. CLAIM MUST BE AT LEAST 500 DOLLARS 3. DOESN'T HAVE JURISDICTIONAL LIMITATIONS

Question 750

# 3 REMOVAL TO FEDERAL COURT REQUIREMENTS FOR DEFENDANT

Answer 750

1. SUBJECT MATTER JX 2. IF DIVERSITY CASE, DEFENDANT CANT BE CITIZEN OF FORUM STATE 3. REMOVABLE MUST BE TO FEDERAL COURT EMBRACING STATE COURT WHERE CASE ORIGINALLY FILED

Question 751

# 8 TERMINATION OF EASEMENTS (END CRAMP)

Answer 751

1. ESTOPPEL 2. NECESSITY ENDED 3. DESTRUCTION OF SERVIENT LAND 4. CONDEMNATION BY EMINENT DOMAIN 5. RELEASE IN WRITING BY EASEMENT HOLDER 6. ABANDONMENT ACTION 7. MERGER 8. PRESCRIPTION

Question 752

# 1 MBE MISSED - FRE 408 - EVIDENCE OF CONDUCT OR STATEMENTS MADE DURING THE THE COURSE OF SETTLEMENT NEGOTIATIONS

Answer 752

1. ARE INADMISSIBLE

Question 753

# 3 EXCEPTIONS TO THE FINAL JUDGMENT RULE - CA

Answer 753

1. ANTI-SLAPP MOTIONS 2. INJUNCTIONS 3. EXTRAORDINARY WRIT

Question 754

# 2 MANIFESTATIONS OF GRANTOR'S INTENT TO MAKE DEED PRESENTLY EFFECTIVE

Answer 754

1. RECORDING OF DEED 2. GRANTOR GIVES GRANTEE DEED

Question 755

# 5 WARRANT EXCEPTIONS

Answer 755

1. SILA 2. PLAIN VIEW DOCTRINE 3. AUTOMOBILE EXCEPTION 4. EXIGENT CIRCUMSTANCES/HOT PURSUIT 5. CONSENT

Question 756

# 2 DEFENSE OF LACK OF CAPACITY MAY BE RAISED WHERE THE PLAINTIFF SUFFERED FROM ONE OF THE FOLLOWING CONDITIONS AT THE TIME OF ENTRY INTO THE CONTRACT

Answer 756

1. HE WAS UNDERAGE 2. OR ADJUDICATED LEGALLY INSANE .

Question 757

# 3 MODERN CODIFICATIONS OF MURDER - FIRST DEGREE MURDER IS TYPICALLY CODIFIED AS A HOMICIDE COMMITED BY

Answer 757

1. PREMEDITATION AND DELIBERATENESS 2. OR ENUMERATED MEANS 3. OR COMMISSION OF AN ENUMERATED FELONY.

Question 758

# 3 CROSSCLAIMS

Answer 758

1. OFFENSIVE CLAIM FILED IN FEDERAL COURT 2. AGAINST THIRD PARTY ARISING FROM SAME TRANSACTION OR OCCURRENCE GIVING RISE TO PLAINTIFF'S CLAIM 3. MAY BE FILED IN PLAINTIFF' CASE OR A SEPARATE MATTER

Question 759

# 2 MUTUALITY OF PERFORMANCE REQUIREMENT FOR SPECIFIC PERFORMANCE AND COMMON LAW/MODERN DIFFERENCES

Answer 759

1. AT COMMON LAW, COURTS REQUIRED MUTUALITY OF REMEDY 2. MODERNLY, COURTS ONLY REQUIRE MUTUALITY OF PERFORMANCE

Question 760

# 3 EQUAL PROTECTION CLAUSE - SUSPECT CLASSES

Answer 760

1. RACE 2. ALIENAGE 3. NATIONAL ORIGIN

Question 761

# 1 MBE MISSED - UNDISPUTED EVIDENCE FROM DEFENDANT REBUTTING PLAITNIFF'S UNDISPUTED PRIMA FACIE EVIDENCE WILL

Answer 761

1. ENTITLE DEFENDANT TO VERDICT

Question 762

# 2 DISTRIBUTION OF ASSETS AT DEATH - SPOUSES' RIGHTS TO QCP

Answer 762

1. DECEDENT **DOES NOT** HAVE 1/2 INTEREST IN SURVIVING SPOUSES QCP 2. SURVIVING SPOUSE **DOES** HAVE 1/2 INTEREST IN DECEDENT'S QCP

Question 763

# 4 PREJUDICIAL MISCONDUCT GIVING RISE TO GROUNDS FOR MOTION FOR NEW TRIAL MAY BE COMMITTED BY

Answer 763

1. PARTY TO CASE 2. ATTORNEY 3. JUROR 4. THIRD PARTY

Question 764

# 4 DUTY OF COMPETENCE - REASONABLE SKILL ASSESSMENT FACTORS

Answer 764

1. YEARS PRACTICING LAW 2. AMT OF TIME BECOMING INFORMED 3. EXPERTISE IN SUBJECT 4. ABILITY TO ASSOCIATE WITH MORE EXPD COUNSEL

Question 765

# 4 FORUM NON CONVENIENS OCCURS WHERE COURT

Answer 765

1. DISMISSES CASE OR 2. STAYS CASE 3. BECAUSE FAR MORE APPROPRIATE FORUM 4. IN ANOTHER STATE OR COUNTRY.

Question 766

# 1 UNLESS OTHERWISE AGREED, LIMITED PARTNERS IN A LIMITED PARTNERSHIP DO NOT HAVE THESE

Answer 766

1. FIDUCIARY DUTIES

Question 767

# 2 JUDICIAL TREATMENT OF PUTATIVE SPOUSE - JURISDICITONAL SPLIT

Answer 767

1. WHERE ONLY ONE SPOUSE HAS A GOOD FAITH BELIEF THAT A VOID OR VOIDABLE MARRIAGE WAS VALID, SOME JURISDICTIONS WILL TREAT **BOTH** SPOUSES AS PUTATIVE SPOUSES (INCLUDES CA) 2. SOME JURISDICTIONS WILL TREAT **ONLY** THE SPOUSE WITH THE GOOD FAITH BELIEF OF THE MARRIAGE'S VALIDITY AS THE PUTATIVE SPOUSE

Question 768

# 1 REAL COVENANT DEFINITION

Answer 768

1. WRITTEN PROMISE CONCERNING USE OF PROPERTY

Question 769

# 2 SHELTER DOCTRINE

Answer 769

1. ONE WHO TAKES PROPERTY FROM A BFP WILL STAND IN THE BFP'S SHOES 2. ALLOWING TAKER TO PREVAIL AGAINST ANY CLAIMS THE BFP WOULD HAVE PREVAILED AGAINST

Question 770

# 2 AWARENESS REQUIREMENT TO POLICE INTERROGATION

Answer 770

1. INFORMANTS AND UNDERCOVER POLICE ARE NOT INTERROGATORS 2. SUSPECT'S COMMUNICATIONS TO THE SAME ARE NOT COVERED BY MIRANDA.

Question 771

# 2 REQUIREMENTS WHEN TWO JOINT CLIENTS ARE IN CONFLICT

Answer 771

1. WITHDRAW FROM REPRESENTATION OF BOTH 2. REVEAL DISCLOSED PRIVILEGED INFORMATION ONLY IF SUBPOENAED

Question 772

# 2 MBE MISSED - PAROL EVIDENCE RULE PROVIDES THAT A COMPLETELY INTEGRATED WRITING CANNOT BE CONTRADICTED BY

Answer 772

1. PRIOR WRITTEN OR ORAL AGREEMENTS 2. CONTEMPORANEOUS ORAL AGREEMENTS

Question 773

# 2 EARNINGS AND ACCUMULATIONS ARE DEEMED SEPARATE PROPERTY WHERE

Answer 773

1. LIVING APART AND SEPARATE FROM OTHER SPOUSE 2. LEGAL SEPARATION

Question 774

# 1 REQUIREMENT FOR CRIMINAL MAKING MALPRACTICE CLAIM

Answer 774

1. CRIMINAL MUST HAVE COLORABLE CLAIM OF INNOCENCE

Question 775

# 2 SETTLOR'S POWER TO TERMINATE TRUST

Answer 775

1. WHERE POWER RESERVED 2. IN CA, SETTLOR MAY TERMINATE BY PETITIONING COURT

Question 776

# 3 PROHIBITIONS FOR BOARD VOTING ON CORPORATE ACTIONS

Answer 776

1. NO PROXIES 2. NO PERSONALLY INTERESTED PARTIES 3. NO VOTING AGREEMENTS

Question 777

# 2 SENSORY ENHANCING TECHNOLOGY - WHERE GOVERNMENT USES SENSORY ENHANCING TECHNOLOGY NOT AVAILABLE TO GENERAL PUBLIC, IT IS CONSIDERED

Answer 777

1. A SEARCH 2. PROTECTED BY FOURTH AMENDMENT

Question 778

# 1 FOREFEITURE BY MISCONDUCT EXCEPTION

Answer 778

1. STATEMENTS FROM WITNESS MADE UNAVAILABLE BY WRONGDOING OF PARTY WILL BE ADMISSABLE AGAINST THAT PARTY.

Question 779

# 2 LEGAL RELEVANCE - EVIDENCE IS LEGALLY RELEVANT WHERE ITS

Answer 779

1. PROBATIVE VALUE 2. OUTWEIGHS PREJUDICAL EFFECT

Question 780

# 2 PERMISSIVE INTERVENTION IS ALLOWED AT

Answer 780

1. THE COURT'S DISCRETION 2. WHERE INTERVENOR HAS A CLAIM OR DEFENSE COMMON TO THE INSTANT CASE

Question 781

# 1 EQUAL PROTECTION CLAUSE - RATIONAL BASIS REVIEW

Answer 781

1. CLASSIFICATION OF NON-SUSPECT GROUP 2. IS RATIONALLY **RELATED** 3. TO ACHIEVING A **LEGITIMATE** GOVERNMENT INTEREST

Question 782

# 4 TRUST IS INVALIDATED WHERE IT IS PROCURRED BY

Answer 782

1. DURESS 2. FRAUD 3. MENACE 4. UNDUE INFLUENCE

Question 783

# 1 SPECIAL CLASSIFICATIONS - LIFE INSURANCE - ESTATE'S SHARE OF TERM LIFE INSURANCE

Answer 783

1. ESTATE PAYING LATEST TERM IS AWARDED ASSET

Question 784

# 1 IMPLIED EQUITABLE SERVITUDE - CONSTRUCTIVE NOTICE

Answer 784

1. A DEED IN GRANTEE'S CHAIN OF TITLE CONTAINED THE SERVITUDE (EVEN IF GRANTEE'S DID NOT).

Question 785

# 2 ANCIENT DOCUMENTS EXCEPTION CEC DIFFERENCES

Answer 785

1. 30 YEARS FOR CEC 2. 20 YEARS FOR FRE

Question 786

# 2 UCC 2-206 ACCEPTANCE

Answer 786

1. UNDER UCC 2-206, ACCEPTANCE MAY BE MADE IN ANY REASONABLE MANNER 2. INCLUDE A PROMISE TO SHIP GOODS OR A SHIPMENT OF CONFORMING OR NON-CONFORMING GOODS.

Question 787

# 4 EMBEZZLEMENT

Answer 787

1. EMBEZZLEMENT IS A SPECIFIC INTENT CRIME 2. WHERE DEFENDANT TRESPASSORILY CONVERTS PERSONAL PROPERTY LAWFULLY ENTRUSTED TO HIM BY VICTIM 3. WITH INTENT TO PERMANENTLY DEPRIVE 4. OR RISK SUBSTANTIAL LOSS.

Question 788

# 1 MOTION TO SET ASIDE JUDGMENT BASED ON NEGLECTFUL MISTAKES OR VOIDNESS TIMING LIMITS

Answer 788

1. MOTIONS TO SET ASIDE JUDGMENT BASED ON NEGLECTFUL MISTAKES OR VOIDNESS MUST BE BROUGHT W/IN YEAR OF ENTRY OF JUDGMENT.

Question 789

# 5 CAUSES GIVING RISE TO NEED FOR ORDER OF EQUITABLE RESITUTION

Answer 789

1. WHERE REMEDY AT LAW IS INADEQUATE 2. DAMAGES WOULD BE SPECULATIVE 3. MULTIPLICITY OF SUITS COULD RESULT 4. IMPROPER BECAUSE HARM IS NOT YET RIPE 5. SITUATION INVOLVES UNIQUE PROPERTY

Question 790

# 3 GOOD FAITH WARRANT EXCEPTION OCCURS WHERE THE OFFICER

Answer 790

1. REASONABLY RELIED ON A FACIALLY VALID WARRANT 2. BUT WARRANT ULIMATELY FOUND TO BE UNSUPPORTED BY PROBABLE CAUSE 3. EVIDENCE OBTAINED FROM WARRANT SUPPORTED SEARCH WILL NOT BE INADMISSIBLE

Question 791

# 3 THE BUSINESS JUDGMENT RULE

Answer 791

1. ACTIONS TAKEN IN GOOD FAITH 2. WITH THE CARE A REASONABLY PRUDENT PERSON WOULD EXERCISE IN SIMILAR CIRCUMSTANCES 3. MADE WITH THE REASONABLE BELIEF ACTIONS WERE IN THE BEST INTERESTS OF THE CORPORATION

Question 792

# 2 MINIMUM CONTACTS STANDARD - DEFENDANT

Answer 792

1. PURPOSEFULLY AVAILS HIMMSELF OF THE BENEFITS AND PROTECTIONS OF A STATE 2. MAKING IT REASONABLY FORESEEABLE HE COULD BE HALED INTO STATE'S COURT

Question 793

# 3 AN AGENT HAS **ACTUAL IMPLIED AUTHORITY** WHERE

Answer 793

1. THE TASK IS **REASONABLY NECESSARY TO ACCOMPLISH** EXPECTED GOALS 2. **CUSTOMARY** FOR THIS TYPE OF AGENT TO HAVE AUTHORITY TO DO THIS TASK 3. DURING **PRIOR DEALINGS** AGENT HAD AUTHORITY TO DO THIS TASK

Question 794

# 2 HOW LONG DOES A PRE-INCORPORATION PROMOTER STAY PERSONALLY LIABLE FOR PRE-INC DEBT

Answer 794

1. UNTIL NOVATION 2. OR CLEAR EVIDENCE PARTIES DIDN'T INTEND PERSONAL LAIBLITY

Question 795

# 2 WILD DEED IS A DEED RECORDED IN SUCH A WAY THAT

Answer 795

1. A REASONABLE SEARCH COULD NOT YIELD RESULTS 2. AND WILL NOT AMOUNT TO CONSTRUCTIVE NOTICE

Question 796

# 3 HIGH LEVEL EMPLOYEES AND EMBEZZLEMENT

Answer 796

1. PROEPRTY TRESPASSORILY TAKEN FROM HIGH LEVEL EMPLOYEES ENTRUSTED WITH CUSTODY IS GENERALLY EMBEZZLEMENT 2. UNLESS EMPLOYEE ACHIEVES POSSESSION BY MISREPRESENTATION 3. MAKING THE CRIME LARCENY BY TRICK.

Question 797

# 2 PREJUDGMENT ATTACHMENT REQUIRES

Answer 797

1. EXISTING LAWSUIT 2. CLAIMED RIGHT TO DEFENDANT'S PROPERTY 3. DEMONSTRATED NEED TO SECURE PROPERTY BEFORE CASE RESOLUTION.

Question 798

# 1 OBJECTION - COMPOUND IS USED WHERE WITNESS IS ASKED

Answer 798

1. A QUESTION THAT REQUIRES MULTIPLE ANSWERS

Question 799

# 3 "PER SE" MINIMUM CONTACTS ARISE FROM DEFENDANT'S

Answer 799

1. DIRECT CONTACT WITH THE FORUM STATE 2. CONTRACTING WITH A RESIDENT OF THE FORUM STATE 3. PUTTING A PRODUCT INTO STREAM OF COMMERCE IN THE STATE

Question 800

# 2 DEFENDANT MAY USE THE TORT DEFENSE OF SELF WHERE HE

Answer 800

1. USES REASONABLE FORCE 2. IS NOT THE AGGRESSOR

Question 801

# 3 SOME JURISIDCTIONS ALLOW A DEFENDANT TO USE THE DEFENSE OF WITHDRAWAL TO ACCOMPLICE LIABLITY WHERE DEFENDANT

Answer 801

1. VOLUNATRY STOPPED PARTICIPATING IN CRIME 2. RELAYED HIS WITHDRAWAL TO PARTICIPANTS 3. ACTED TO DISSUADE OR STOP PARTCIPANTS FROM CONTINUING WITH CRIME.

Question 802

# 2 CALIFORNIA ADDITIONAL LOGICAL RELEVANCE REQUIREMENT ALSO REQUIRES THAT THE DISPUTED FACT

Answer 802

1. IS OF CONSEQUENCE 2. TO THE DETERMINATION OF THE ACTION

Question 803

# 2 TIMELINESS - MOOTNESS

Answer 803

1. CONTROVERSY HAS BEEN ELIMINATED 2. CASE WILL BE DISMISSED

Question 804

# 2 WHEN TO USE CONSTRUCTIVE TRUST AS EQUITABLE REMEDY

Answer 804

1. WHEN VALUE OF WRONGFULLY TAKEN PROPERTY HAS GONE UP (PLAINTIFF TAKES INCREASE) 2. WHERE FUNDS ARE NOT COMMINGLED

Question 805

# 2 DAMAGES AND RESCISSION - CONSEQUENCE OF ORDER OF RELIEF SOUGHT

Answer 805

1. PLAINTIFF **SUES FOR DAMAGES FIRST**, RESCISSION NOT ALLOWED 2. PLAINTIFF **SUES FOR RESCISSION FIRST**, DAMAGES ARE ALLOWED.

Question 806

# 2 OBJECTION - ASKED AND ANSWERED IS USED WHEN WITNESS HAS

Answer 806

1. ALREADY ANSWERED THE SAME OR SIMILAR QUESTION 2. FROM THE SAME ATTORNEY

Question 807

# 3 PROCEDURAL DUE PROCESS - UNDER THE FIFTH AMENDMENT, THE GOVERNMENT MUST PROVIDE

Answer 807

1. FAIR PROCESS/PROCEDURE 2. BEFORE IT DEPRIVES A CITIZEN 3. LIFE, LIBERTY OR A PROPERTY INTEREST

Question 808

# 2 PREMARITAL AGREEMENTS - CONTRACT LAW REQUIREMENTS

Answer 808

1. AGREEMENT MUST BE SIGNED BY BOTH PARTIES 2. NO CONSIDERATION IS REQUIRED

Question 809

# 3 RES IPSA LOQUITUR - BREACH OF DUTY IS INFERRED WHERE

Answer 809

1. NEGLIGENCE IS IMPLIED BY THE FACTS 2. DEFENDANT HAD EXCLUSIVE CONTROL OF MECHANISM OF PLAINTIFF'S INJURY 3. PLAITNIFF HAD NO CONTROL OVER MECHANISM OF HIS INJURY

Question 810

# 2 FEDERAL LIMITS ON DEPOSITIONS

Answer 810

1. ONLY 10 2. DEPOSITION MUST NOT EXCEED A 7 HOUR DAY WITHOUT COURT ORDER

Question 811

# 1 FIFTH AMENDMENT - DUE PROCESS - CONFESSIONS MUST BE

Answer 811

VOLUNTARY

Question 812

# 1 IN CALIFORNIA, BEST EVIDENCE RULE IS CALLED THE

Answer 812

1. SECONDARY EVIDENCE RULE

Question 813

# 3 COMMON LAW KIDNAPPING

Answer 813

1. UNDER COMMON LAW, KIDNAPPING IS A SPECIFIC INTENT CRIME 2. OF UNLAWFULLY CONFINING AND CARRYING AWAY THE VICTIM 3. AGAINST THE VICTIM'S WILL ACROSS STATE OR FEDERAL LINES.

Question 814

# 2 ACTION IF CONTINGENCY FEE IS DISPUTED

Answer 814

1. CHECK TO ATTORNEY FOR CLIENT'S PROPOSED AMOUNT 2. REMAINDER OF DISPUTED FEES LEFT IN TRUST ACCOUNT UNTIL DISPUTE RESOLVED

Question 815

# 1 WHEN MAY AN ATTORNEY WITH INSUFFICIENT SKILL ADVISE OR ASSIST?

Answer 815

1. IN A TRUE EMERGENCY TO THE EXTENT REASONABLY NECESSARY

Question 816

# 1 PRETERMITTED HEIR

Answer 816

1. CHILD BORN AFTER EXECUTION OF WILL

Question 817

# 1 ACTUAL NOTICE OF A PREVIOUS INTEREST IN PROPERTY OCCURS WHERE BUYER HAS

Answer 817

1. ACTUAL, SUBJECTIVE NOTICE OF A PRIOR, UNRECORDED INTEREST

Question 818

# 1 MBE MISSED - EVEN WHERE A PERSON IS EMPLOYED IN FOR A "PERMANENT POSITION", HE IS CONSIDERED AN

Answer 818

1. AT-WILL EMPLOYEE

Question 819

# 3 CALIFORNIA - CONTRACTS - WHERE NO CHOICE OF LAW PROVISION IN CONTRACT BUT MULTIPLE STATES' LAWS ARE IN CONFLICT, THE COURT WILL EVALUATE

Answer 819

1. THE COMPARITIVE IMPAIRMENT TO EACH STATE'S INTEREST 2. SHOULD THE OTHER STATE'S LAW BE APPLIED.

Question 820

# 1 COMMON LAW DUTY OF LAND POSSESSORS TO THOSE OFF OF THE LAND

Answer 820

1. CONDUCT AND CONTROL ACTIVITIES TO NOT INJURE OTHERS OFF OF THE LAND

Question 821

# 2 ORDER OF DECISIONS IN FEDERAL TRIAL (LEGAL AND EQUITABLE)

Answer 821

1. JURY DECIDES FACTS FIRST 2. JUDGE DECIDES EQUITY

Question 822

# 2 DUTY OF FAIRNESS - ATTORNEY WHO RECEIVES CONFIDENTIAL DOCUMENT MUST

Answer 822

1. STOP READING DOCUMENT 2. NOTIFY SENDER OF INADVERTANT DISCLOSURE

Question 823

# 2 TIMELINESS - RIPENESS

Answer 823

1. LIVE CONTROVERSY 2. OR THREAT OF IMMINENT HARM

Question 824

# 1 PROFIT

Answer 824

1. ENTITLES OWNER TO GO ON SERVIENT ESTATE AND REMOVE A PRODUCT OF THE LAND ITSELF.

Question 825

# 2 SHAREHOLDER LIABILITY FOR CORPORATE DEBTS

Answer 825

1. SHAREHOLDERS ARE NOT LIABLE FOR CORPORATE DEBTS 2. UNLESS SHAREHOLDERS ARE PART OF PROFESSIONAL CORPORATION

Question 826

# 2 DIFFERENCES BETWEEN LEARNED TREATISE EXCEPTION - FRE AND CEC

Answer 826

1. **FRE:** ADMISSIBLE TO PROVE ANYTHING WHERE LEARNED TREATISE IS ACCEPTED AUTHORITY IN FIELD 2. **CA:** ONLY ADMISSIBLE TO SHOW GENERAL NOTORIETY OR INTEREST, MEANING THIS EXCEPTION IS VERY NARROW AND ALMOST NEVER APPLICABLE.

Question 827

# 3 LIABILITY ARISES FOR NEGLIGENT MISREPRESENTATION WHERE DEFENDANT

Answer 827

1. HAS FINANCIAL OR PROFESSIONAL DUTY TO PLAINTIFF 2. MAKES REPRESENTATION OF MATERIAL FACT WITH NO REASONABLE GROUNDS FOR BELIEF OF TRUTH 3. DAMAGING PLAINTIFF WHO REASONABLY RELIES ON REPRESENTATION

Question 828

# 5 MODERN BURGLARY - MOST JURISDICTIONS DEFINE BURGLARY AS A

Answer 828

1. A SPECIFIC INTENT CRIME 2. COMMITTED AT ALL HOURS OF THE DAY 3. BY BREAKING AND ENTERING ALMOST ANY STRUCTURE 4. WITH THE SPECIFIC INTENT TO COMMIT A FELONY 5. OR ANY DEGREE OF LARCENY

Question 829

# 1 ORAL CONDITION PRECEDENT

Answer 829

1. AN ORAL CONDITION THAT MUST BE SATISFIED BEFORE THE PERFORMANCE DUTIES OF A SEPARATE AGREEMENT MUST RIPEN.

Question 830

# 2 DEFENSE OF ILLEGALITY - WHERE THE DEFENSE MAY BE RAISED

Answer 830

1. WHERE THE PARTIES DID ENTER THE CONTRACT IN PARI DELICTO 2. JUSTICE DEMANDS ENFORCEMENT OF THE CONTRACT TO SOME DEGREE

Question 831

# 1 CITIZENSHIP REQUIREMENTS FOR DIVERSITY OF CITIZENSHIP

Answer 831

1. NO DEFENDANT MAY BE A CITIZEN OF THE SAME STATE AS ANY PLAINTIFF

Question 832

# 2 SUPREMACY CLAUSE - TYPES OF FIELD PREEMPTION

Answer 832

1. EXPRESS PREEMPTION 2. IMPLIED PREEMPTION

Question 833

# 4 RECORDED RECOLLECTION EXCEPTION

Answer 833

1. RECORD CONTAINS MATTERS ABOUT WHICH WITNESS ONCE HAD FIRST HAND KNOWLEDGE 2. MADE WHEN MATTER STILL FRESH IN WITNESS' MEMORY 3. WITNESS TESTIFIES MEMORY IS NOW INSUFFICIENT 4. BUT RECORD IS ACCURATE

Question 834

# 4 LIABILITY FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS IS FOUND WHERE DEFENDANT

Answer 834

1. WAS NEGLIGENT 2. BYSTANDER'S PROXIMITY TO TIME AND PLACE OF NEGLIGENT ACT 3. AND PROXIMITY OF RELATIONSHIP TO VICTIM 4. CAUSED PLAINTIFF TO SUFFER EXTREME EMOTIONAL DISTRESS

Question 835

# 5 CONTINGENCY FEE REQUIREMENTS

Answer 835

1. IN WRITING 2. SIGNED BY THE CLIENT 3. DESCRIBING DUTIES OF LAWYER AND CLIENT 4. FEE OF LAWYER 5. WHETHER OR NOT FEE IS BEFORE OR AFTER PAYMENT OF COSTS

Question 836

# 2 CIVIL CASE - CHARACTER EVIDENCE IS ONLY ADMISSIBLE WHERE CHARACTER IS

Answer 836

1. AT ISSUE 2. AN ESSENTIAL ELEMENT OF THE CASE

Question 837

# 1 RESCISSION

Answer 837

1. PUTS PARTIES BACK INTO POSITION THEY WERE IN BEFORE CONTRACT WAS MADE

Question 838

# 1 EXPRESS MATERIAL CONDITION

Answer 838

1. A MATERIAL CONDITION EMBODIED IN EXPRESS, UNEQUIVOCAL TERMS IN THE CONTRACT.

Question 839

# 1 MBE MISSED - A STATE'S LEGISLATIVE FUNCTIONS MAY BE IMMUNE FROM FEDERAL PROSECUTION UNDER THE

Answer 839

1. TENTH AMENDMENT

Question 840

# 2 DEFENSE OF ENTRAPMENT

Answer 840

1. DEFENDANT MAY RAISE DEFENSE OF ENTRAPMENT 2. WHERE CRIMINAL INTENT IS THE RESULT OF IMPROPER POLICE BEHAVIOR

Question 841

# 6 ELEMENTS OF FRAUD FOR 10b-5 - MISREPRESENTATION

Answer 841

1. INTENTIONALLY 2. OR RECKLESSLLY 3. MAKING MATERIAL MISREPRESENTATION 4. CAUSING RELIANCE 5. PROMPTING TRADE OF SECURITY 6. THROUGH INTERSTATE COMMERCE

Question 842

# 3 WAIVED DEFENSES WHEN MOTION TO QUASH NOT PROPERLY FILED

Answer 842

1. INSUFFICIENT PROCESS 2. INSUFFICIENT SERVICE OF PROCESS 3. LACK OF PERSONAL JX

Question 843

# 5 HOW TO FORM A LLC

Answer 843

1. FILE ARTICLES WITH SOS 2. DISCLOSE NAME OF LLCS 3. NAME AND ADDRESS OF REGISTERED AGENT 4. NAMES OF ALL MEMBERS 5. MAY ADOPT OPERATING AGREEMENT

Question 844

# 2 AGGREGATING CLAIMS TO REACH REQUIRED 75,000 FOR DIVERSITY - PLAINTIFF MAY AGGREGATE

Answer 844

1. MULTIPLE CLAIMS AGAINST DEFENDANT 2. CLAIMS AGAINST MULTIPLE DEFENDANT TORTFEASORS

Question 845

# 1 STATEMENTS FOR MEDICAL DIAGNOSIS - FRE

Answer 845

1. FRE ALLOWS STATEMENT REGARDING SOURCE OF CONDITION.

Question 846

# 4 SPRINGING EXECUTORY INTEREST

Answer 846

1. FUTURE INTEREST HELD BY A THIRD PARTY 2. WILL DIVEST GRANTOR OF ESTATE 3. *AT* OCCURENCE OF EVENT SET FORTH IN FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION 4. SPRINGING INTO EXISTENCE THE THIRD PARTY'S POSSESSORY INTEREST IN THE PROPERTY

Question 847

# 1 CORPORATE CONVERSION

Answer 847

1. ENTITY CHANGES CORPORATE FORM

Question 848

# 2 EQUITABLE LIEN REQUIREMENTS

Answer 848

1. INADEQUATE REMEDY AT LAW 2. MUST HAVE A TITLE TO PROPERTY FOR SECURITY INTEREST

Question 849

# 2 BENEFICIARY'S INTEREST IN PROPERTY AFTER TRANSFER OF TRUST PROPERTY TO THIRD PARTY

Answer 849

1. IF PROPERTY TRANSFERRED TO BFP FOR VALUE, BENEFICIARY'S INTEREST IS CUTOFF 2. IF PROPERTY NOT TRANSFERRED TO BFP FOR VALUE, BENEFICIARY CAN SET ASIDE TRANSFER

Question 850

# 2 MBE - IMMUNITY OF FEDERAL EMPLOYEES FROM STATE TAXES

Answer 850

1. STATE TAXES ON FEDERAL CONTRACTORS AND EMPLOYEES 2. FOR PERSONAL USE OR INCOME IS OK.

Question 851

# 3 PRINCIPAL IS LIABILE FOR ACTS OF INDEPENDENT CONTRACTORS WHERE

Answer 851

1. ULTRAHAZARDOUS ACTIVITY 2. NONDELEGABLE DUTIES 3. PRINCIPAL HELD INDEPENDENT CONTRACTOR OUT AS AN AGENT (ESTOPPEL)

Question 852

# 2 EXCEPTIONS TO SHAREHOLDER APPROVAL REQUIREMENT FOR MERGER

Answer 852

1. SHAREHOLDER APPROVAL NOT NEEDED WHERE CHANGE NOT SIGNFICANT 2. SHORT FORM MERGER OK WHERE 90 PERCENT OWNED OR MORE SUBSIDIARY MERGES INTO ANOTHER

Question 853

# 2 JOINT CLIENTS - CAN'T REPRESENT WHERE CONCURRENT COI UNLESS

Answer 853

1. WRITTEN CONSENT FROM BOTH CLIENTS 2. LAWYER BELIEVES HE CAN COMPETENTLY REPRESENT BOTH CLIENTS

Question 854

# 1 DUTY OF CONFIDENTIALITY - ATTORNEY MAY NOT DISCLOSE

Answer 854

1. CLIENT'S COMMUNICATIONS MADE DURING THE REPRESENTATION

Question 855

# 2 SHAREHOLDER VOTING RIGHTS DETERMINATION BY CLASS OF STOCK

Answer 855

1. AT LEAST ONE CLASS OF STOCK MUST HAVE VOTING RIGHTS 2. WHERE NOT SPECIFIED IN ARTICLES, ALL CLASSES HAVE VOTING RIGHTS

Question 856

# 3 ADEMPTION OF SPECIFIC GIFTS - CAUSES OF ADEMPTION THAT WILL ENTITLE BENEFICIARY TO GENERAL PECUNIARY GIFT

Answer 856

1. SPECIFIC GIFT INVOLVED SECURITIES 2. CONSERVATOR SOLD SPECIFIC GIFT 3. EMINENT DOMAIN TOOK SPECIFIC GIFT

Question 857

# 4 MERGER DOCTRINE OF LAND SALE CONTRACT AND DEED

Answer 857

1. AFTER CLOSING 2. DEED BECOMES OPERATIVE DOCUMENT 3. OBLIGATIONS OF LAND SALE CONTRACT DEEMED DISCHARGED CLOSING 4. UNLESS OBLIGATIONS RESTATED IN DEED

Question 858

# 4 TO FORM A LIMITED LIABILITY PARTNERSHIP, THIS MUST BE DONE

Answer 858

1. FILE STATEMENT OF QUALIFICATION WITH SOS 2. STATEMENT MUST BE EXECUTED BY AT LEAST TWO OF THE PARTNERS 3. STATEMENT MUST INCLUDE NAME AND ADDRESSES OF THE PARTNERS 4. PARTNERNSHIP NAME MUST END IN LLP OR RLLP

Question 859

# 2 REASONABLE PERSON STANDARD FOR FINDING CONTRACTUAL INTENT

Answer 859

1. WHERE A REASONABLE PERSON WOULD CONCLUDE A WILLINGNESS TO ENTER A BARGAIN FROM THE PARTIES' WORDS AND ACTIONS 2. SUFFICIENT INTENT TO ENTER A CONTRACT WILL BE FOUND

Question 860

# 5 FIVE PART TEST FOR PERMANENT INJUNCTION (I PUT FIVE BUCKS DOWN)

Answer 860

1. INADEQUATE LEGAL REMEDY 2. PROPERTY RIGHT IS INVOLVED 3. FEASIBILITY OF COURT ENFORCEMENT 4. BALANCE OF HARDSHIPS WEIGHS IN FAVOR OF GRANTING DECREE 5. DEFENSES ARE NOT AVAILABLE TO OTHER PARTY

Question 861

# 1 CA COMPETENCE INCLUDES THIS SUPERVISORY REQUIREMENT

Answer 861

1. SUPERVISE WORK OF SUBORDINATE ATTORNEYS AND NON-LAWYER EMPLOYEES

Question 862

# 3 DUE PROCESS CLAUSE LIMITATIONS ON STATUATORY BASES FOR PERSONAL JURISDICTION

Answer 862

1. SUFFICIENT MINIMUM CONTACTS 2. EXERCISE OF JURISDICTION IS REASONABLE 3. AND DOESN'T OFFEND TRADITIONAL NOTIONS OF FAIR PLAY AND SUBSTANTIAL JUSTICE

Question 863

# 1 MBE MISSED - ORAL AGREEMENT - OVERCOMING STATUTE OF FRAUDS WITH BUYER'S ACT - BUYER'S ACT MUST BE ________ TO AGREEMENT TO COUNT AS PART PERFORMANCE

Answer 863

1. UNEQIVOCALLY REFERRABLE

Question 864

# 2 CONSTRUCTIVE CONDITIONS

Answer 864

1. CONDITIONS IMPLIED BY THE NATURE AND EXPRESS TERMS OF THE CONTRACT 2. THAT MUST BE SATISFIED BEFORE DUTIES RIPEN.

Question 865

# 4 FIDUCIARY DUTIES OWED BY PARTNERS TO EACH OTHER AND THE PARTNERSHIP

Answer 865

1. DUTY OF LOYALTY 2. DUTY OF CARE 3. DUTY OF DISCLOSURE 4. DUTY TO ACCOUNT

Question 866

# 4 RECORDING STATUTES PARAGRAPH

Answer 866

1. AT COMMON LAW, WHEN GRANTOR CONVEYED PROPERTY TWICE, 2. GRANTEE FIRST IN TIME USUALLY PREVAILED. 3. MODERNLY, RECORDING ACTS CHANGE THAT OUTCOME 4. IN SOME CIRCUMSTANCES.

Question 867

# 2 MBE MISSED - PAST CONVICTIONS MAY BE USED TO IMPEACH CREDIBILITY WHERE ELEMENTS OF PRIOR CRIME INVOLVED

Answer 867

1. DISHONEST ACT 2. FALSE STATEMENT

Question 868

# 4 LIABILITY FOR INTRUSION ARISES WHERE DEFENDANT

Answer 868

1. INTENTIONALLY INTRUDED 2. IN MANNER OFFENSIVE TO REASONABLE PERSON 3. INTO PLACE WHERE PLAINTIFF'S HAD A REASONABLE EXPECTATION OF PRIVACY 4. HARMING PLAINTIFF

Question 869

# 3 TRANSMUTATION TO 3RD PARTIES

Answer 869

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

Question 870

# 2 PIERCING THE CORPORATE VEIL CAUSES - UNDERCAPITALIZATION

Answer 870

1. SHAREHOLDERS INVESTMENT AT TIME OF FORMATION 2. INSUFFICIENT TO COVER FORESEEABLE LIABILITIES

Question 871

# 1 IMPLIED WAIVER OF MIRANDA

Answer 871

1. UNDER BERGHUIS, SILENCE AND SUBSEQUENT SPEAKING CONSTITUTED A WAIVER OF MIRANDA.

Question 872

# 1 REQUIREMENT FOR VOLUNTARY CORPORATE DISSOLUTION

Answer 872

1. MAJORITY VOTE APPROVING DISSOLUTION BY DIRECTOR AND SHAREHOLDERS

Question 873

# 3 SUBSTITUTE SERVICE REQUIREMENTS - PRIVATE PARTY - CA - ONLY ALLOWED WHERE

Answer 873

1. PERSONAL SERVICE CANNOT BE COMPLETED WITH REASONABLE DILIGENCE 2. DEFENDANT'S RESIDENCE WITH A COMPETENT MEMBER OF HIS HOUSEHOLD OVER 18 WHO IS INFORMED OF CONTENTS 3. SUMMONS AND COMPLAINT ALSO SERVED BY FIRST CLASS MAIL

Question 874

# 2 CALIFORNIA VERDICT REQUIREMENTS

Answer 874

1. 3/4 JURY FOR CIVIL 2. UNANIMOUS FOR CRIMINAL

Question 875

# 2 ESTOPPEL - CLAIM OF PUTATIVE SPOUSE

Answer 875

1. PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID 2. OR PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID AND TREATED IT LIKE IT WAS VALID

Question 876

# 2 DUTY TO MAINTAIN DIGNITY OF PROFESSION - LAWYER MUST NOT DO ANYTHING THAT

Answer 876

1. BRINGS DISDAIN TO THE PROFESSION IN THE PUBLIC EYE 2. WITHOUT JUSTIFICATION, REPRESENT ANOTHER LAWYER IS DISHONEST OR UNTRUSTWORTHY

Question 877

# 3 STANDING - INDIVIDUAL

Answer 877

1. ACTUAL OR IMMINENT INJURY 2. INJURY CAUSED BY ALLEGED CONDUCT COMPLAINED OF 3. INJURY REDRESSIBLE BY FAVORABLE DECISION

Question 878

# 3 REPUTATION CONCERNING BOUNDARIES EXCEPTION

Answer 878

1. COMMUNITY REPUATION ABOUT BOUNDARIES 2. OR CUSTOMS AFFECTING LANDS 3. OR EVENTS OF GENERAL HISTORY IMPORTANT TO COMMUNITY.

Question 879

# 1 INQUIRY NOTICE - TITLE

Answer 879

1. PURCHASER IS POSSESSION OF FACTS THAT WOULD CAUSE A REASONABLE PERSON TO MAKE FURTHER INQUIRY ABOUT CLAIMS ON THE PROPERTY'S TITLE

Question 880

# 2 ABATEMENT - ELEMENTS

Answer 880

1. GIFTS ARE REDUCED TO PAY DEBTS AND LEGACIES 2. THE ESTATE DOES NOT HAVE SUFFICIENT FUNDS TO PAY

Question 881

# 4 REQUIRED ANSWER RESPONSES TO FEDERAL COMPLAINT ALLEGATIONS - DEFENDANT MUST EITHER

Answer 881

1. DENY 2. ADMIT 3. STATE LACK OF INFORMATION TO DENY OR ADMIT 4. **ASSERT ANY AFFIRMATIVE DEFENSES**

Question 882

# 3 DURATION OF FUTURE COVENANTS CONTAINED WARRANTY DEEDS

Answer 882

1. RUN WITH THE LAND 2. CONTINUOUS

Question 883

# 4 AN ATTORNEY ENTER INTO BUSINESS TRANSACTION WITH CLIENT WHERE TRANSACTION IS

Answer 883

1. FAIR AND REASONABLE 2. TERMS ARE COMMUNICATED IN EASILY UNDERSTANDABLE MANNER 3. CLIENT CONSENTS IN WRITING 4. CLIENT IS ADVISED TO SEEK INDEPENDENT COUNSEL

Question 884

# 1 TRESSPASS TO CHATTELS - LIABILITY ARISES WHERE DEFENDANT

Answer 884

1. INTENTIONALLY AND WITHOUT AUTHORIZATION INTERFERES WITH OR CAUSES DAMAGE TO PLAINTIFF'S CHATTELS

Question 885

# 1 DEFENSE OF MISTAKE OF FACT - THE DEFENSE MAY RAISE THE DEFENSE OF MISTAKE OF FACT WHERE IT NEGATES

Answer 885

1. SPECIFIC INTENT.

Question 886

# 2 INTRO SENTENCE - LANDLORD/TENANT QUESTIONS

Answer 886

1. IN ORDER TO DETERMINE THE RIGHTS AND OBLIGATIONS OF THE PARTIES, 2. WE MUST FIRST DETERMINE EACH PARTY'S INTEREST IN THE PROPERTY.

Question 887

# 3 INVOLUNTARY DISSOLUTION MAY BE INITIATED BY

Answer 887

1. SHAREHOLDER(S) WITH 33 PERCENT OR MORE SHARES 2. OVER 50 PERCENT VOTE OF BOD 3. ATTORNEY GENERAL

Question 888

# 2 RECKLESSNESS

Answer 888

1. RECKLESSNESS IS A DELIBERATE ACT THAT CREATES EXTREME RISK TO OTHERS 2. GROSSLY DEVIATING FROM THE AMOUNT OF RISK A REASONABLE PERSON WOULD CREATE IN A SIMILAR SITUATION.

Question 889

# 1 RELIANCE DAMAGES SEEK TO RETURN THE PLAITNIFF TO THE POSITION HE WAS IN

Answer 889

1. BEFORE THE CONTRACT WAS MADE.

Question 890

# 2 REMEDY FOR USURPING BUSINESS **OPPORTUNITY** FROM CORPORATION

Answer 890

1. COMPELLED TURNOVER OF BUSINESS OPPORTUNITY TO CORPORATION 2. DISGORGEMENT OF PROFITS GAINED FROM USURPRING OPPORTUNITY (TO CORP)

Question 891

# 4 SIXTH AMENDMENT RIGHT TO SPEEDY TRIAL BALANCING FACTORS

Answer 891

1. LENGTH OF DELAY 2. REASON FOR DELAY 3. PREJUDICE TO DEFENDANT AS RESULT OF DELAY 4. TIME AND MANNER IN WHICH DEFENDANT ASSERTED HIS RIGHT.

Question 892

# 1 TAKINGS CLAUSE - MEASURE OF JUST COMPENSATION

Answer 892

1. PROPERTY'S FAIR MARKET VALUE AT TIME OF TAKING

Question 893

# 4 TIRIGGERS OF LIABILITY OF PROMOTER UNDER A BREACH OF WARRANTY THEORY

Answer 893

1. HE WILL ACT TO FORM A CORP 2. HE HAS ACTED TO FORM A CORP 3. THAT A CORPORATION EXISTS 4. THAT PROMOTER HAS RIGHT TO REPRESENT CORP

Question 894

# 1 FREEDOM OF SPEECH - CONTENT BASED SPEECH REGULATIONS AFFECT

Answer 894

1. COMMUNICATIVE IMPACT OF EXPRESSION

Question 895

# 2 COLLATERAL ESTOPPEL - AN ISSUE IS NECESSARILY DECIDED ON THE MERITS WHERE

Answer 895

1. ISSUE IS CONNECTED TO FINAL ADJUDICATION 2. ISSUE WAS NOT DECIDED BASED ON A TECHNICALITY

Question 896

# 1 ACQUISITION OF DEBT AND REBUTTABLE PRESUMPTION OF COMMUNITY LIABILITY - COMMUNITY IS REBUTTABLY PRESUMED LIABLE FOR DEBT ACQUIRED BEFORE AND DURING MARRIAGE UNLESS

Answer 896

1. LENDER RELIED EXCLUSIVELY ON SPOUSE'S SEPARATE PROPERTY

Question 897

# 2 CORPORATION BY ESTOPPEL - REMEDY IS AVAILABLE WHERE PLAINTIFF

Answer 897

1. REASONABLY RELIED ON REPRESENTATIONS OF CORP STATUS 2. AND IS SEEKING REMEDY AT CONTRACT

Question 898

# 2 MOTION FOR NEW TRIAL MUST BE FILED W/IN

Answer 898

1. FED- 28 DAYS AFTER ENTRY OF JUDGMENT 2. CA - 15 DAYS OF SERVICE OF NOTICE OF ENTRY OF JUDGMENT OR 180 DAYS AFTER JUDGMENT ENTERED

Question 899

# 1 EQUAL PROTECTION CLAUSE LIMITS GOVERNMENT'S ABILITY TO DO THIS:

Answer 899

1. GOVERNMENT'S ABILITY TO TREAT SIMILARLY SITUATED PEOPLE DIFFERENTLY

Question 900

# 3 3FOR WILLS, ACTS OF INDEPENDENT LEGAL SIGNFICANCE

Answer 900

1. EXTRINSIC ACTS 2. WITHOUT TESTAMENTARY FUNCTION 3. USED FOR DESIGNATING BENEFICIARIES OR PROPERTY TO BE DEVISED

Question 901

# 2 GOODS

Answer 901

1. TANGIBLE, MOVABLE THINGS 2. AT TIME OF CONTRACT IDENTIFICATION.

Question 902

# 3 CRIMINAL ASSAULT ELEMENTS

Answer 902

1. A SPECIFIC INTENT CRIME 2. OF ATTEMPTED BATTERY 3. OR INTENTIONALLY ACTING TO MAKE VICTIM FEAR AN IMMINENT HARMFUL OR OFFENSIVE CONTACT WITH VICTIM'S PERSON.

Question 903

# 3 INSTALLMENT CONTRACT

Answer 903

1. A CONTRACT FOR A SERIES OF SEPARATE SHIPMENTS OF GOODS PAID BY CORRESPONDING SEPARATE PAYMENTS 2. ANY NON-CONFORMING SHIPMENT WILL NOT AMOUNT TO BREACH 3. UNLESS IT SUBSTANTIALLY IMPAIRS THE TOTAL VALUE OF THE CONTRACT.

Question 904

# 3 IRRESISTIBLE IMPULSE TEST

Answer 904

1. SOME JURISDICTIONS ADD IRRESISTIBLE IMPULSE TEST TO M'NAUGHTEN 2. WHERE MENTAL DISEASE OR DEFECT MADE DEFENDANT INCAPABLE OF CONTROLLING HIS ACTIONS 3. EVEN WHERE HE COULD DISTINGUISH RIGHT FROM WRONG.

Question 905

# 1 ALLEGATIONS OF MINOR CHILD CEC HEARSAY EXCEPTION

Answer 905

1. EVIDENCE OF A STATEMENT BY A MINOR CHILD IF OFFERED IN CERTAIN ACTIONS AGAINST A PERSON ALLEGED TO HAVE INJURED THE CHILD.

Question 906

# 2 EQUITABLE DEFENSES - LACHES

Answer 906

1. PLAINTIFF UNREASONABLY DELAYED PURSUING CLAIM 2. CAUSING PREJUDICE TO DEFENDANT

Question 907

# 2 FEDERAL TAXPAYER STANDING IS ONLY FOR

Answer 907

1. VIOLATIONS OF ESTABLISHMENT CLAUSE 2. MADE BY SPENDING OR TAX PROGRAMS

Question 908

# 2 ACCEPTING INTEREST IN BUSINESS FOR PAYMENT OF ATTORNEYS FEES IS ALLOWED WHERE

Answer 908

1. ATTORNEY ADVISES CLIENT TO SEEK INDEPEDENT COUNSEL 2. WRITTEN TRANSACTION

Question 909

# 1 KIDNAPPING - MODERNLY, MOST JURISIDICTIONS HAVE DONE AWAY WITH THIS ELEMENT OF COMMON LAW KIDNAPPING

Answer 909

1. THE CARRYING AWAY REQUIREMENT

Question 910

# 4 ABA COMPETENCY REQUIREMENTS - LAWYER MUST HAVE THESE THINGS TO REPRESENT A CLIENT

Answer 910

1. KNOWLEDGE 2. SKILL 3. THOROUGHNESS 4. PREPARATION REASONABLY NECESSARY

Question 911

# 2 DUTY OF CANDOR - ATTORNEY MUST NOT

Answer 911

1. MAKE FALSE STATEMENTS TO COURT AND/OR OPPOSING COUNSEL 2. ALLOW CLIENT TO MAKE FALSE REPRESENTATIONS TO COURT

Question 912

# 2 ADVERSE POSSESSION AND MARKETABLE TITLE

Answer 912

1. ADVERSE POSSESSION DOES NOT GRANT OWNER MARKETABLE TITLE 2. MARKETABLE TITLE MAY BE OBTAINED BY QUIET TITLE ACTION

Question 913

# 1 MBE MISSED - EASEMENT AGAINST SERVIENT ESTATE - BFP WILL BE FOUND TO HAVE NOTICE WHERE EASEMENT APPEARS

Answer 913

1. IN CHAIN OF TITLE

Question 914

# 2 THIRD PARTY INCIDENTAL BENEFICIARY

Answer 914

1. A PARTY NOT DIRECTLY INTENDED TO BENEFIT FROM THE CONTRACT 2. WHO MAY NOT SEEK DAMAGES FOR THE BREACH.

Question 915

# 1 PURCHASING A TICKET CREATES THIS CONTRACTUAL RIGHT

Answer 915

1. A LICENSE

Question 916

# 1 ARREST WARRANT REQUIRED WHERE

Answer 916

1. PERSON IS ARRESTED IN HIS/HER HOME.

Question 917

# 3 WILLS - CONFLICT OF LAWS - WILL MUST COMPLY WITH THE LAWS OF THE PLACE

Answer 917

1. TESTATOR DOMICILED AT TIME OF EXECUTION 2. TESTATOR DOMICILED AT TIME OF DEATH 3. WILL EXECUTED

Question 918

# 2 IMPLEADER

Answer 918

1. DEFENDANT BRINGS IN THIRD PARTY DEFENDANT WITH DERIVATIVE CLAIM 2. SEEKING SUBROGATION, INDEMNITY OR CONTRIBUTION

Question 919

# 2 HOW MANY A LAWYER GAIN SUFFICIENT COMPETENCY?

Answer 919

1. ASSOCIATING W/LAYWER REASONABLY BELIEVED TO BE COMPETENT 2. ACQUIRING SUFFICIENT LEARNING AND SKILL BEFORE PEROFRMANCE W/OUT UNDUE EXPENSE OR DELAY

Question 920

# 3 ADEQUATE PROVOCATION COOL DOWN PERIOD

Answer 920

1. ADEQUATE PROVOCATION WILL NOT BE FOUND 2. WHERE DEFENDATN HAD AN AMOUNT OF TIME ALLOWING A REASONABLE PERSON TO COOL DOWN 3. AND NO LONGER BE IN A MURDEROUS RAGE.

Question 921

# 2 MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT TIMING REQUIREMENTS- CA

Answer 921

1. MOTION MUST BE MADE W/IN 15 DAYS AFTER SERVICE OF NOTICE OF ENTRY OF JUDGMENT 2. OR 180 DAYS AFTER JUDGMENT ENTERED

Question 922

# 3 THIRD PARTY COMPENSATION OF ATTORNEYS FEES ONLY ALLOWED WHERE

Answer 922

1. THIRD PARTY DOES NOT INTERFERE WITH INDEPENDENC EOF PROFESSIONAL JUDGMENT OR LAWYER-CLIENT RELATIONSHIP 2. CLIENT INFO IS KEPT CONFIDENTIAL 3. CLIENT GIVES INFORMED CONSENT (CA REQUIRES WRITING)

Question 923

# 2 BUSINESS VALUE APPRECIATION AFTER SEPARATION - WHEN TO USE REVERSE PEREIRA

Answer 923

1. COMMUNITY PROVIDED INITIAL INVESTMENT FOR BUSINESS 2. APPRECIATION OF BUSINESS DUE TO SPOUSE'S LABOR

Question 924

# 2 CONGRESSIONAL POWER - WAR POWERS

Answer 924

1. RIGHT TO DECLARE WAR 2. RIGHT TO RAISE AND SUPPORT ARMED FORCES

Question 925

# 3 SIXTH AMENDMENT RIGHT TO JURY - **DUREN TEST** FOR CHALLENGING FAIRNESS OF JURY SELECTION - IS THE GROUP ALLEGED TO BE EXCLUDED

Answer 925

1. A DISTINCTIVE GROUP 2. WHOSE REPRESENTATION IS NOT FAIR OR REASONABLE IN RELATION TO THE PERCENTAGE OF SUCH A GROUP IN THE COMMUNITY 3. UNREPRESENTED DUE TO SYSTEMATIC EXCLUSION IN THE JURY SELECTION PROCESS

Question 926

# 2 CONGRESSIONAL POWER - TAXING AND SPENDING CLAUSE - CONGRESS HAS THE RIGHT TO

Answer 926

1. TAX FOR GENERAL WELFARE OF US 2. CONDITIONALLY GRANT FUNDING

Question 927

# 1 BUYER SATISFACT AS AN IMPLIED MATERIAL CONDITION OF THE CONTRACT

Answer 927

1. REASONABLY SATISFACTORY PERFORMANCE IS ALWAYS AN IMPLIED MATERIAL CONDITION OF EVERY CONTRACT.

Question 928

# 4 CA FACTORS FOR ASSESSING FEES

Answer 928

1. NOVELTY AND DIFFICULTY OF LEGAL ISSUES 2. TIME LIMITATION 3. NATURE OF RELATIONSHIP WITH CLIENT 4. EXPERIENCE

Question 929

# 2 RELATION BACK DOCTRINE - AMENDMENT OF CLAIM ALLOWED WHERE

Answer 929

1. STATUTE ALLOWS 2. INVOLVES THE SAME CONDUCT, TRANSACTION OR OCCURRENCE IN THE ORIGINAL CLAIM.

Question 930

# 1 CONTROLLING SHAREHOLDERS

Answer 930

1. A SHAREHOLDER WITH ENOUGH VOTING STRENGTH TO IMPACT CORPORATION

Question 931

# 2 DISTRIBUTION OF ASSETS AT DEATH - WHERE DECEDENT TRIES TO DEVISE MORE THAN 1/2 COMMUNITY ASSETS IN WILL, SURVIVING SPOUSE MAY ELECT TO

Answer 931

1. TAKE CP RIGHTS INSTEAD OF DEVISE OR 2. TAKE DEVISE UNDER WILL IN LIEU OF CP RIGHTS

Question 932

# 1 DEFENSE OF LACK OF CAPACITY

Answer 932

1. DEFENSE OF LACK OF CAPACITY IS NO DEFENSE TO CIVIL LIABILITY

Question 933

# 5 CALIFORNIA MARRIAGE

Answer 933

1. CONSENSUAL CIVIL CONTRACT 2. BETWEEN TWO PERSONS 3. FOLLOWED BY LICENSE 4. SOLEMNIZATION 5. AUTHENTICATION

Question 934

# 1 MBE MISSED - WHERE A LAW IMPACTS FIRST AMENDMENT RIGHTS IT MUST

Answer 934

1. PROMOTE A SIGNFICANT GOVERNMENT INTEREST.

Question 935

# 3 CONGRESSIONAL POWERS - CONGRESS RESPONSIBLE FOR ENFORCING THESE POST CIVIL WAR AMENDMENTS

Answer 935

1. 13 2. 14 3. 15

Question 936

# 2 CA - ADDITIONAL CONTINGENCY FEE REQUIREMENTS - FEE AGREEMENT MUST NOTE

Answer 936

1. FEES ARE NEGOTIABLE 2. HOW FEES OUTSIDE OF CONTINGENCY FEE ARE TO BE PAID

Question 937

# 2 MOTION TO QUASH FILING REQUIREMENTS

Answer 937

1. MADE BY SPECIAL APPEARANCE 2. DONE BEFORE OR CONCURRENTLY WITH FILING OF RESPONSIVE PLEADINGS

Question 938

# 5 TRIGGERS FOR ABSOLUTE PRIVILEGE APPLIES TO STATEMENTS MADE

Answer 938

1. BY LEGISLATORS AND AIDS ON FLOOR 2. BETWEEN FEDERAL EXECUTIVE OFFICIALS 3. JUDICIAL PROCEEDINGS 4. COMMUNICATION BETWEEN SPOUSES 5. UNTIL REPEATED IN CONTEXT WITH NO PRIVILEGE

Question 939

# 3 SHAREHOLDER AGREEMENT - ENFORCEABLITY OF TRANSFER OF SHARES RESTRICTIONS

Answer 939

1. UPHELD WHERE RESTRICTIONS ARE REASONABLE (E.G. RIGHT OF FIRST REFUSAL) 2. ABSOLUTE RESTRAINT ON TRANSFERS IS ALWAYS UNREASONABLE

Question 940

# 13 TYPES OF TRUSTS

Answer 940

1. EXPRESS 2. TESTAMENTARY 3. POUR OVER 4. SECRET 5. SEMI-SECRET 6. SPENDTHRIFT 7. SUPPORT 8. DISCRETIONARY SUPPORT 9. CHARITABLE 10. HONORARY 11. TOTTEN 12. RESULTING (PURCHASE MONEY) 13. CONSTRUCTIVE

Question 941

# 1 MBE MISSED - BURDEN OF GOING FORWARD ON AN AFFIRMATIVE DEFENSE. DEFENDANT MUST PROVE DEFENSE BY A

Answer 941

1. PREPONDERANCE OF EVIDENCE

Question 942

# 3 METHODS OF PAYING DIVIDENDS TO SHAREHOLDERS

Answer 942

1. CASH 2. SHARES 3. PROPERTY

Question 943

# 2 CREATION AND CLASSIFICATION OF STOCK SHARES RULES

Answer 943

1. ORIGINAL NUMBER OF SHARES MUST BE FILED WITH SOS 2. DIFFERENT CLASSES OF SHARES MUST BE CLASS MUST BE IDENTIFIED BEFORE ISSUED

Question 944

# 1 LIABILITY FOR PRODUCTS LIABILITY - COMMERCIAL SELLER IS

Answer 944

1. ANYONE ENGAGED IN THE BUSINESS OF MARKETING AND DISTRIBUTION CHAIN OF AN UNREASOANBLY DANGEROUS PRODUCT

Question 945

# 1 MBE MISSED - MINOR BREACH AMOUNTS TO

Answer 945

1. SUBSTANTIAL PERFORMANCE

Question 946

# 1 PRIVATE CITIZEN'S RESIDENCE FOR VENUE IS ESTABLISHED BY

Answer 946

1. CITIZEN'S DOMICILE

Question 947

# 1 REPUTATION CONCERNING CHARACTER - HEARSAY EXCEPTION

Answer 947

1. REPUTATION AMONG THE COMMUNITY CONCERNING A PERSON'S CHARACTER.

Question 948

# 2 REVOCATION BY OPERATION OF LAW - PRETERMITTED CHILD OR SPOUSE RECEIVES

Answer 948

1. INTESTATE SHARE 2. WHERE BORN OR MARRIED AFTER WILL MADE

Question 949

# 2 DEBT - SPOUSE'S SEPARATE PROPERTY'S AVAILABILITY FOR COMMUNITY LIABILITY

Answer 949

1. SPOUSES SEPARATE PROPERTY ONLY AVAILABLE FOR PERSONAL LIABILITY 2. UNLESS COMMUNITY DEBT INCURRED BY NECESSARIES OF LIFE FOR CHILD OR SPOUSE

Question 950

# 3 TRUSTS FOR REAL PROPERTY MUST BE EXECUTED BY

Answer 950

1. TRUSTEE OR 2. SETTLOR OR 3. THEIR AGENT

Question 951

# 5 EVIDENCE IS LOGICALLY RELEVANT WHERE IT HAS

Answer 951

1. ANY TENDENCY 2. TO MAKE A MATERIAL FACT OF CONSEQUENCE 3. MORE OR LESS PROBABLE 4. THAN IT WOULD BE 5. WITHOUT THE EVIDENCE

Question 952

# 1 DEFENSE OF DWELLING

Answer 952

1. A DEFENDANT IS PRIVILEGED TO USE REASONABLE FORCE TO DEFEND HIS DWELLING.

Question 953

# 3 THREE TYPES OF DEED

Answer 953

1. QUITCLAIM DEED 2. WARRANTY DEED 3. SPECIAL WARRANTY DEED

Question 954

# 3 INSTALLMENT CONTRACT FOR REAL PROPERTY

Answer 954

1. BUYER MAKES DOWN PAYMENT 2. MAKES SUBSEQUENT INSTALLMENT PAYMENTS 3. IF DEFAULT, SELLER RECOVERS PROPERTY AND KEEPS PAYMENTS MADE

Question 955

# 3 HONORARY TRUST

Answer 955

1. TYPICALLY INVALID BECAUSE HAS NO BENFICIARY OR CHARITABLE PURPOSE 2. ALLOWED WHERE FOR CARE OF PETS OR BURIAL PLOTS 3. WHEN PET DIES, FUNDS GO TO RESULTING TRUST

Question 956

# 4 CRIMINAL FALSE IMPRISONMENT

Answer 956

1. FALSE IMPRISONMENT IS A GENERAL INTENT CRIME 2. OF UNLAWFUL CONFINING VICTIM WITHIN FIXED BOUNDARIES 3. FOR ANY PERIOD OF TIME 4. WITH NO REASONABLE MEANS OF ESCAPE

Question 957

# 1 MBE MISSED - A WRITTEN AGREEMENT IS PRESUMED PARTIALLY INTEGRATED UNLESS

Answer 957

1. CLEAR EVIDENCE EXISTS TO THE CONTRARY

Question 958

# 2 WHERE IS LAWYER'S PECUNIARY INTEREST IN LITIGATION ALLOWED

Answer 958

1. ONLY ALLOWED AS LIEN TO SECURE FEES 2. OR CONTINGENCY INTEREST

Question 959

# 3 CALIFORNIA DOE AMENDEMENTS - PLAINTIFF CAN AMEND AND IDENTIFY DOE DEFENDANTS WHERE (ALLOWANCES FOR IGNORACE)

Answer 959

1. SHE WAS GENUINELY IGNORANT OF THE IDENTITY OF THE DEFENDANTS OR 2. THE FACTS GIVING RISE TO THE ACTION OR 3. THE FACTS THAT THE LAW PROVIDES A CAUSE OF ACTION

Question 960

# 2 ASSERTIVE CONDUCT IS CONDUCT THAT IS

Answer 960

1. TREATED LIKE A STATEMENT 2. SUBJECT TO ALL HEARSAY RULES

Question 961

# 3 EXCEPTIONS TO THE UCC SOF

Answer 961

1. SPECIALTY MADE GOODS 2. WHERE PARTY TO BE BOUND ADMITS EXISTENCE OF AGREEMENT IN A LEGAL DOCUMENT 3. PARTIAL PERFORMANCE

Question 962

# 2 MBE MISSED - A STATUTE WILL NOT VIOLATE THE TENTH AMENDMENT WHERE IT IS

Answer 962

1. GENERALLY APPLICABLE 2. DOES NOT COMMANDEER THE LEGISTLATIVE FUNCTION OF LOCAL GOVERNMENT

Question 963

# 3 TRANSMUTATION PRE 1985 COULD BE

Answer 963

1. ORAL 2. WRITTEN 3. INFERRED BY SPOUSE'S CONDUCT

Question 964

# 1 MARRIED WOMAN'S SPECIAL PRESUMPTION RESULT OF PROPERTY TAKEN IN WIFE AND HUSBAND'S NAME BUT NO JOINT TENANCY FORM OR MENTION OF "MR & MRS" OR "HUSBAND AND WIFE"

Answer 964

1. PROPERTY BECOMES 1/2 SP AND 1/2 CP

Question 965

# 3 WILLS - CALIFORNIA WILL CONSTRUE CHILD TO MEAN

Answer 965

1. NATURALLY BORN CHILD FROM MARRIAGE 2. CHILD BORN OUT OF WEDLOCK 3. ADOPTED CHILD

Question 966

# 4 BURDEN OF PROOF FOR DESIGN DEFECT - JURY MUST BALANCE

Answer 966

1. GRAVITY OF POTENTIAL HARM 2. LIKELIHOOD OF POTENTIAL HARM 3. VS. FEASIBILITY OF ALTERNATIVE DESIGN 4. COST OF ALTERNATIVE DESIGN

Question 967

# 4 SEPERATE PROPERTY PAID TOWARD COMMUNITY PROPERTY MAY BE REIMBURSED WHEN USED FOR

Answer 967

1. DOWN PAYMENT 2. IMPROVEMENTS 3. PRINCIPAL 4. NO INTEREST

Question 968

# 3 SERVICE OF PROCESS ELEMENTS - DEFENDANT IS PROVIDED WITH A

Answer 968

1. A COPY OF COMPLAINT. 2. FORMAL NOTICE OF COURT FILING 3. **TIMELINE FOR RESPONSE.**

Question 969

# 3 WASTE BY THE PRESENT INTEREST HOLDER REAL PROPERTY - ELEMENTS

Answer 969

1. INJURY TO REAL PROPERTY 2. COMMITTED BY PRESENT INTEREST HOLDER 3. AGAINST FUTURE INTEREST HOLDER

Question 970

# 2 LIABILITY OF PARTNERS IN A LLP

Answer 970

1. NO PERSONAL LIABILITY FOR PARTNERSHIP DEBTS 2. PERSONAL LIABILITY WILL ARISE FOR PERSONAL WRONGDOING

Question 971

# 4 EVALUATING 19B INDISPENSIBILITY FOR COMPULSORY JOINDER

Answer 971

1. **PREJUDICE CAUSED TO MISSING PARTIES** BY RENDERING JUDGMENT WITH A MISSING PARTY. 2. COURT'S ABILITY TO **LESSEN SUCH PREJUDICE** WITH A JUDGMENT. 3. **ADEQUACY OF A JUDGMENT** RENDERED WITH A MISSING PARTY. 4. **ADEQUATE REMEDY AVAILABLE FOR PLAINTIFF** IF CASE DISMISSED FOR NONJOINDER.

Question 972

# 1 RACE STATUTE

Answer 972

1. FIRST TO RECORD WINS

Question 973

# 8 PRIOR BAD ACTS MAY NOT BE USED TO SHOW CONDUCT IN CONFORMITY WITH CHARACTER EVIDENCE BUT MAY BE USED TO PROVE (I PIK A MOP)

Answer 973

1. INTENT 2. PREPARATION 3. IDENTITY OF PERPERTRATOR 4. KNOWLEDGE 5. ABSENCE OF MISTAKE OR ACCIDENT 6. MOTIVE 7. OPPORTUNITY 8. PLAN

Question 974

# 2 LOWEST INTERMEDIATE BALANCE RULE - INVESTOR AND SPENDER FICTION

Answer 974

1. INVESTOR FICTION - DEFENDANT INVESTS HIS OWN MONEY FIRST 2. SPENDER FICTION - DEFENDANT SPENDS HIS OWN MONEY FIRST

Question 975

# 2 CALIFORNIA COMPARATIVE FAULT PROOF REQUIREMENT

Answer 975

1. PLAINTIFF WAS ALSO NEGLIGENT 2. PLAINTIFF'S NEGLIGENCE WAS A SUBSTANTIAL FACTOR IN CAUSING HIS OR HER OWN HARM

Question 976

# 2 REVOCATION OF WILL BY OPERATION OF LAW - TRIGGERS

Answer 976

1. TO ACCOMODATE OMMITTED SPOUSE OR CHILD 2. OR REMOVE EX-SPOUSE AFTER DIVORCE OR ANNULLMENT

Question 977

# 3 PROCEDURAL DUE PROCESS - DEPRIVATION OF LIBERTY OCCURS WHERE GOVERNMENT ACTION

Answer 977

1. RECKLESSLY OR INTENTIONALLY CAUSED 2. LOSS OF SIGNIFICANT FREEDOM 3. SECURED BY CONSTITUTION OR STATUTE

Question 978

# 3 EXPRESS TRUST CREATION TYPES

Answer 978

1. INTERVIVOS DECLARATION THAT PROPERTY IS HELD IN TRUST (INTER VIVOS TRUST) 2. INTERVIVOS TRANSFER OF PROPERTY BY SETTLOR TO TRUST DURING SETTLOR'S LIFETIME (LIVING TRUST) 3. BY WILL (TESTAMENTARY TRUST)

Question 979

# 3 TRUST TERMINATION POWERS - BENEFICIARIES

Answer 979

1. WHERE UNANIMOUS CONSENT 2. WHERE ALL ARE COMPETENT 3. WHERE PURPOSE OF TRUST WONT BE FRUSTRATED

Question 980

# 2 DUTY OF LOYALTY - REQUIRED STEPS TO AVOID USURPING CORPORATE OPPORTUNITY - OFFICER MUST

Answer 980

1. FIRST OFFER OPPORTUNITY TO CORP 2. WHERE CORP WOULD EXPECTED TO BE PRESENTED WITH OPPORTUNITY

Question 981

# 2 CRIMINAL HOMICIDE

Answer 981

1. AN UNLAWFUL KILLING OF A HUMAN BEING 2. COMMITTED BY ANOTHER HUMAN BEING

Question 982

# 4 ISSUES THAT ARE PER SE SUBSTANTIVE

Answer 982

1. ELEMENTS OF CLAIM OR DEFENSE 2. CHOICE/CONFLICT OF LAW 3. STATUTE OF LIMITATIONS 4. TOLLING STATUTE OF LIMITATIONS

Question 983

# 1 SEARCH WARRANT EXCEPTION - AUTOMOBILE - SUSPECT ARRESTED

Answer 983

1. IF SUSPECT ARRESTED, VEHICLE MAY BE IMPOUNDED AND SEARCHED AT STATION.

Question 984

# 2 EFFECT OF THE IMPLIED COVENANT OF GOOD FAITH IN EVERY CONTRACT

Answer 984

1. ALL PARTIES ARE BOUND TO ACT IN GOOD FAITH TO HELP ACHIEVE ALL PARTIES' EXPECTED BENEFITS OF THE BARGAIN 2. AND NOT PREVENT THESE BENEFITS.

Question 985

# 2 MBE MISSED - DEFAMATION - CHARACTER AT ISSUE IN THESE TWO RESPECTS

Answer 985

1. WHETHER DEFENDANT'S ASSESSMENT IS INCORRECT 2. WHETHER PLAINTIFF'S REPUTATION HAS BEEN DAMAGED

Question 986

# 3 REQUIREMENTS TO MAKE ADEMPTION BY SATISFACTION (LIFETIME GIFT SATISFYING BEQUEST)

Answer 986

1. BENEFICIARY ACKNOWLEDGES RECEIPT OF GIFT IN WRITING 2. OR TESTATOR DECLARES MAKING GIFT IN WRITING 3. AND WILL PROVIDES FOR DEDUCTION OF GIFT

Question 987

# 4 INVOLUNTARY MANSLAUGHTER IS

Answer 987

1. A CRIMINAL, UNINTENDED HOMICIDE 2. RESULTING FROM CRIMINAL NEGLIGENCE 3. OR RECKLESSNESS 4. OR THE COMMISSION OF A MALUM IN SE CRIME INSUFFICIENT TO SUPPORT A CHARGE OF FELONY MURDER.

Question 988

# 3 CA CONFLICT OF LAWS RULES - TORTS - WHERE TWO STATES' LAWS ARE IN CONFLICT, THE COURT WILL EVALUATE

Answer 988

1. THE COMPARITIVE IMPAIRMENT TO EACH STATE'S INTEREST 2. SHOULD THE OTHER STATE'S LAW BE APPLIED.

Question 989

# 4 OTHER ITEMS DEFINED BY UCC AS GOODS

Answer 989

1. STANDING CROPS 2. TIMBER 3. UNBORN ANIMALS 4. MINERALS

Question 990

# 3 LIABILITY FOR FRAUD ARISES WHERE DEFENDANT

Answer 990

1. INTENTIONALLY MAKES FALSE REPRESENTATION OF MATERIAL FACT 2. WITH SCIENTER 3. INJURING PLAINTIFF ACTING IN REASONABLE RELIANCE ON REPRESENTATION

Question 991

# 1 WATER RIGHTS - COMMON ENEMY APPROACH

Answer 991

1. OWNER MAY CAST REMOVED WATER ON TO NEIGHBOR'S LAND.

Question 992

# 1 FOURTH AMENDMENT PROTECTS AGAINST

Answer 992

1. UNREASONABLE SEARCHES AND SEIZURES

Question 993

# 1 STATUTE OF FRAUDS UNDER UCC

Answer 993

1. CONTRACTS FOR SALES OF GOODS IN EXCESS OF 500 DOLLARS MUST BE MADE IN WRITING TO BE ENFORCEABLE AT LAW.

Question 994

# 4 REQUIRED NUMBER, RESIGNING AND REMOVAL OF CORPORATE DIRECTORS

Answer 994

1. MUST BE AT LEAST ONE 2. MAY RESIGN W/NOTICE 3. MAY BE REMOVED BY SHAREHOLDER VOTE 4. MODERNLY, REMOVAL CAN HAPPEN W OR W/OUT CAUSE

Question 995

# 2 THIRD PARTY WITNESS STATEMENTS ARE TESTIMONIAL IN NATURE WHERE

Answer 995

1. PRIMARY PURPOSE IS TO PROVE PAST EVENTS POTENTIALLY RELEVANT TO CRIMINAL PROSECUTION 2. MADE WHEN CIRCUMSTANCES INDICATE NO ONGOING EMERGENCY

Question 996

# 2 IN CA, CONTRACT CHOICE OF LAW PROVISIONS APPLIED WHERE

Answer 996

1. LAWS ARE REASONABLE 2. LAWS DON'T CONFLICT WITH CA PUBLIC POLICY

Question 997

# 4 CONSTRUCTIVE EVICTION REQUIREMENTS

Answer 997

1. PREMISES VIRTUALLY UNINHABITABLE BECAUSE OF SUBSTANTIAL INTERFERENCE WITH PROPERTY USE AND ENJOYMENT 2. TENANT MUST NOTIFY LANDLORD 3. LANDLORD MUST FAIL TO RESPOND 4. TENANT MUST MOVE OUT W/IN REASONABLE TIME

Question 998

# 3 TRANSMUTATION OF A COMMUNITY ASSETS PRE 1985 COULD OCCUR BY THESE METHODS OF COMMUNICATING INTENT

Answer 998

1. ORAL 2. WRITTEN 3. INFERRED BY SPOUSE'S CONDUCT

Question 999

# 3 RIGHTS OF GENERAL PARTNERS IN LP'S

Answer 999

1. DISTRIBUTIONS BASED ON CONTRIBUTIONS 2. CONSENT TO WAIVE OTHER PARTNER'S CONTRIBUTIONS 3. RIGHT TO MANAGE

Question 1000

# 2 CONDITION CONCURRENT

Answer 1000

1. CONDITION MUST BE SATISFIED AT THE SAME TIME A PERFORMANCE DUTY RIPENS 2. ESSENTIALLY NECESSITATING SIMULTANEOUS PERFORMANCE.

Question 1001

# 3 DEBT - STEPS FOR SHIELDING NON-DEBTOR SPOUSE'S EARNINGS

Answer 1001

1. EARNINGS DEPOSITED INTO DEPOSIT ACCOUNT 2. FROM WHICH DEBTOR SPOUSE CANNOT WITHDRAW FUNDS 3. AND COMMUNITY (OR DEBTOR SPOUSE'S) FUNDS ARE NEVER COMMINGLED

Question 1002

# 5 WHAT TYPES OF INTERESTS CREATE A CONFLICT WHERE LAWYER NOT ACCEPT OR CONTINUE REPRESENTATION OF A CLIENT?

Answer 1002

1. LEGAL 2. BUSINESS 3. FINANCIAL 4. PROFESSIONAL 5. PERSONAL

Question 1003

# 2 THE COURT CAN TAKE JUDICIAL NOTICE OF FACTS NOT SUBJECT TO REASONABLE DISPUTE WHERE

Answer 1003

1. CAPABLE OF ACCURATE AND READY DETERIMINATION 2. BY A SOURCE WHOSE ACCURACY CANNOT BE REASONABLY QUESTIONED. 3. OR FACTS ARE GENERALLY KNOWN WITHIN THE JURSIDICTION

Question 1004

# 2 OBJECTION - MISLEADING IS USED WHERE A QUESTION

Answer 1004

1. MISTATES EVIDENCE 2. OR MISQUOTES WITNESSES

Question 1005

# 3 CONSEQUENTIAL DAMAGES

Answer 1005

1. LOSSES RESULTING FROM THE BREACH 2. THAT ANY REASONABLE PERSON COULD HAVE FORESEEN 3. AT THE TIME OF ENTRY INTO THE CONTRACT

Question 1006

# 3 COMMINGLED FUNDS, TRANSMUTATION AND TRACING

Answer 1006

1. WHERE SPOUSE ADVOCATING SEPERATE PROPERTY 2. CAN TRACE SP PORTION OF FUNDS IN CP BANK ACCOUNT 3. NO TRANSMUTING OF SP FUNDS TO CP

Question 1007

# 1 EIGHT AMENDMENT - CRUEL AND UNUSUAL PUNISHMENT DEFINITION

Answer 1007

1. PENALTY CANNOT BE GROSSLY DISPROPORTIONATE TO THE CRIME.

Question 1008

# 2 SPECIFIC PERFORMANCE

Answer 1008

1. A PERMANENT INJUNCTION 2. WHEREIN COURT ORDERS PERFORMANCE OF A CONTRACT PROMISE

Question 1009

# 6 TYPES OF FUNDAMENTAL STRUCTURE CHANGES TO CORPORATION REQUIRING SHAREHOLDER APPROVAL

Answer 1009

1. AMENDMENT TO AOI 2. MERGER 3. CONSOLIDATION 4. CONVERSION 5. DISPOSITION (SALE OF ALL OR NEARLY ALL OF CORP ASSETS) 6. DISSOLUTION

Question 1010

# 1 FOR FEDERAL QUESTION JURSIDICTION, THE FEDERAL QUESTION AT ISSUE MUST APPEAR ON THIS PART OF PLAINTIFF'S INITIAL FILINGS

Answer 1010

1. ON THE FACE OF PLAINTIFF'S WELL-PLEADED COMPLAINT.

Question 1011

# 1 COMMON LAW DUTY TO LICENSEES

Answer 1011

1. DUTY TO WARN OF KNOWN DANGERS AND ARTIFICIAL CONDITIONS

Question 1012

# 1 CONGRESS MAY ONLY REGULATE PRIVATE ACTION UNDER

Answer 1012

1. THE THIRTEENTH AMENDMENT.

Question 1013

# 1 PUBLIC RECORDS EXCEPTION BETWEEN FRE AND CEC

Answer 1013

1. PROSECUTION MAY USE RECORDS OF CRIMINAL INVESTIGATION

Question 1014

# 1 FREEDOM OF SPEECH - STANDARD OF REVIEW FOR CONTENT BASED SPEECH REGULATIONS

Answer 1014

1. STRICT SCRUTINY

Question 1015

# 2 FRE - ON CROSS-EXAMINATION, TO REBUT CHARACTER EVIDENCE, THE PROSECUTION MAY _______ ABOUT SPECIFIC BAD ACTS, BUT NEVER OFFER ________ EVIDENCE ABOUT THE SAME.

Answer 1015

1. ASK QUESTIONS 2. EXTRINSIC

Question 1016

# 1 MODERN TREATMENT OF CONTINGENT REMAINDERS IF REMAINDER IS STILL CONTINGENT UPON TERMINATION OF PRECEDING ESTATE

Answer 1016

1. REMAINDER IS CONVERTED TO A SPRINGING EXECUTORY INTEREST

Question 1017

# 4 REIMBURSEMENT RIGHTS FOR SPOUSE A'S CONTRIBUTIONS OF SEPARATE PROPERTY TO SPOUSE B'S SEPARATE PROPERTY

Answer 1017

1. WHERE TRACEABLE 2. WITHOUT INTEREST 3. UNLESS WRITTEN WAIVER OF REIMBURSEMENT 4. OR WRITTEN TRANSMUTATION

Question 1018

# 4 PERIODIC TENANCY IS CREATED BY IMPLICATION WHERE LEASE

Answer 1018

1. IS HELD OVER (HOLDOVER TENANCY) 2. HAS NO STATED END DATE 3. HAS AN ORAL TERM OF YEARS VIOLATING STATUTE OF FRAUDS 4. DOES NOT EXIST BUT PAYMENT OF REGULAR RENT

Question 1019

# 2 MBE - REQUIREMENT FOR ADMISSIBLITY OF EVIDENCE GATHERED AT CHECKPOINT FOR CAR STOPS

Answer 1019

1. EVERY CAR MUST BE STOPPED AND CHECKED 2. RANDOM SEARCHES WILL MAKE EVIDENCE INADMISSIBLE

Question 1020

# 3 RULE AGAINST PERPETUTIES APPLIES TO (IN PROPERTY LAW)

Answer 1020

1. CONTINGENT REMAINDERS 2. EXECUTORY INTERESTS 3. OPTIONS IN GROSS

Question 1021

# 1 EXCLUSIONARY RULE

Answer 1021

1. BARS PROSECUTION FROM INTRODUCTING EVIDENCE VIOLATING DEFENDANT'S 4TH, 5TH OR 6TH AMENDMENT RIGHTS.

Question 1022

# 3 RELATION BACK DOCTRINE - AMENDMENT TO ADD DEFENDANT ALLOWED WHERE

Answer 1022

1. STATUTE ALLOWS 2. THE NEW PARTY KNEW, OR REASONABLY SHOULD HAVE KNOWN, THAT BUT FOR A MISTAKE, SHE WOULD HAVE BEEN ADDED TO THE COMPLAINT. 3. **NEW PARTY WAS INVOLVED IN SAME TRANSACTION, OCCURENCE OR CONDUCT ALLEGED IN COMPLAINT.**

Question 1023

# 3 "OF SOUND MIND" - TESTATOR NOT COMPETENT WHERE

Answer 1023

1. SUFFERS FROM MENTAL DISORDER 2. CAUSING HALLUCINATIONS OR DELUSIONS 3. MOTIVATING DEVISES THAT TESTATOR WOULD NOT HAVE MADE WITHOUT THE HALLUCINATIONS OR DELUSIONS

Question 1024

# 2 MBE - COMMON LAW MALICE FOR ARSON

Answer 1024

1. DEFENDANT ACTED WITH INTENT OR KNOWLEDGE THAT THE STRUCTURE WOULD BURN 2. OR RECKLESS DISREGARD OF AN OBVIOUS RISK THAT THE STRUCTURE WOULD BURN

Question 1025

# 2 WHEN TO USE EQUITABLE LIEN

Answer 1025

1. WHEN VALUE OF WRONGFULLY TAKEN PROPERTY GOES DOWN 2. WHEN FUNDS ARE COMMINGLED

Question 1026

# 2 BUSINESS VALUE APPRECIATION AFTER SEPARATION - WHEN TO USE REVERSE PEREIRA

Answer 1026

1. COMMUNITY PROVIDED INITIAL INVESTMENT FOR BUSINESS 2. APPRECIATION OF BUSINESS DUE TO SPOUSE'S LABOR

Question 1027

# 1 PROOF REQUIREMENT FOR DEFAMATORY STATEMENT ABOUT A MATTER OF PUBLIC CONCERN/PRIVATE INDIVIDUAL

Answer 1027

1. DEFENDANT FAILED TO USE REASONABLE CARE TO ASCERTAIN THE TRUTH OF THE STATEMENT

Question 1028

# 3 LLC - LIMITED LIABILITY COMPANY

Answer 1028

1. A BUSINESS ENTITY 2. WITH THE LIMITED LIABILITY OF A CORPORATION 3. AND THE TAX ADVANTAGES OF A PARTNERSHIP

Question 1029

# 2 EASEMENTS - MAINTENANCE AND REPAIR DUTIES

Answer 1029

1. **SERVIENT ESTATE** - NO DUTIES TO REPAIR OR MAINTAIN 2. **DOMINANT ESTATE** - IMPLIED RIGHT TO MAINTAIN AND REPAIR

Question 1030

# 3 DELEGATION

Answer 1030

1. A TRANSFER OF CONTRACTUAL DUTIES 2. MADE BY A CLEAR STATEMENT OF DELEGATOR'S INTENT TO TRANSFER CONTRACTUAL DUTIES TO DELEGATEE 3. AND DELEGATEE AGREES.

Question 1031

# 5 UNDER THE PARAMOUNT CORPORATIONS RULE, A DIRECTOR MAY RESIST

Answer 1031

1. TENDER OFFERS 2. PROXY FIGHTS 3. AND OTHER TAKEOVER THREATS 4. WHERE THEY THREATEN CORPORATE STRATEGY

Question 1032

# 3 PROCEDURAL DUE PROCESS - DEPRIVATION OF PROPERTY OCCURS WHERE GOVERNMENT ACTION

Answer 1032

1. RECKLESSLY OR INTENTIONALLY CAUSED 2. LOSS OF ENTITLEMENT 3. OR REASONABLE EXPECTATION TO CONTINUED PROPERTY BENEFIT

Question 1033

# 2 FIFTH AMENDMENT - INDENTIFICATIONS CANNOT BE

Answer 1033

1. UNNECESSARILY SUGGESTIVE 2. OR CONDUCIVE TO MISTAKEN IDENTITY.

Question 1034

# 1 CORPORATION PRINCIPAL PLACE OF BUSINESS - NERVE CENTER TEST

Answer 1034

1. THE LOCATION WHERE CORPORATE OFFICERS CONTROL AND COORDINATE THE CORPORATION'S ACTIVITIES

Question 1035

# 3 AGENCY RELATIONSHIP DEFINITION

Answer 1035

1. A BUSINESS RELATIONSHIP 2. WHERE ONE PARTY, AN AGENT, AGREES TO ACT FOR 3. AND IS AUTHORIZED TO ACT BY ANOTHER PARTY, THE PRINCIPAL.

Question 1036

# 3 ADDITUR ELEMENTS

Answer 1036

1. JUDGE FINDS DAMAGE AWARD INSUFFICIENT 2. ORDERS NEW TRIAL FOR PLAINTIFF UNLESS DEFENDANT AGREES TO ADD TO DAMAGES OWED TO PLAINTIFF 3. ONLY IN CA

Question 1037

# 3 INDICATORS OF INTENT TO OPERATE AS CO-OWNERS OF BUSINESS FOR PROFIT

Answer 1037

1. COMMON OWNERSHIP OF ASSETS 2. DESIGNATING RELATIONSHIP AS PARTNERSHIP 3. EXTENSIVE JOINT EFFORTS

Question 1038

# 3 CALIFORNIA TRANSFER OF VENUE STANDARD

Answer 1038

1. TRANSFER OCCURS AT JUDGE'S DISCRETION 2. WHERE INTERESTS OF JUSTICE AND 3. CONVENIENCE OF PARTIES ARE SERVED BY TRANSFER.

Question 1039

# 5 VALID WILL - WITNESS REQUIREMENTS

Answer 1039

1. TWO PEOPLE 2. KNOW DOCUMENT IS A WILL 3. BOTH PRESENT AT SIGNING OR ACKNOWLEDGEMENT 4. UNNECESSARY TO SIGN AT SAME TIME 5. UNNECESSARY TO SIGN IN EACH OTHER'S PRESENCE

Question 1040

# 1 ASSIGNMENT OF LEASE DEFINITION

Answer 1040

1. ASSIGNMENT OF LEASE IS A TRANSFER OF THE ENTIRE INTEREST REMAINING ON THE LEASE TERM.

Question 1041

# 5 TERRY STOP OCCURS WHEN

Answer 1041

1. STOP AND FRISK WITH 2. REASONABLE SUSPICION 3. THAT SUSPECT IS ENGAGED IN 4. OR ABOUT TO COMMIT CRIMINAL ACTIVITY 5. AND IS ARMED AND DANGEROUS

Question 1042

# 1 REMEDY OF A NONBREACHING LOST VOLUME SELLER UNDER THE UCC

Answer 1042

1. THE LOST VOLUME SELLER MAY DEMAND THE EXPECTED SALES AND PROFIT UNDER THE CONTRACT.

Question 1043

# 2 ROUTINE STOP - STOP AND FRISK OK WHERE

Answer 1043

1. REASONABLE SUSPICION OF CRIMINAL ACTIVITY OR INVOLVEMENT 2. SUPPORTED BY ARTICULABLE FACTS

Question 1044

# 2 DEFENDANT LOSES QUALIFIED PRIVILEGE FOR DEFAMATION DEFENSE WHERE

Answer 1044

1. HE ACTS WITH MALICE 2. OR OUTSIDE THE SCOPE OF PRIVILEGE

Question 1045

# 8 TRUSTEE DEFINITION (SIAM)

Answer 1045

1. HOLDS LEGAL TITLE TO SPECIFIC PROPERTY 2. UNDER A FIDUCIARY DUTY TO 3. SAFEGUARD 4. ADMINISTER 5. INVEST 6. MANAGE 7. TRUST ASSETS AND INCOME 8. FOR THE BENEFIT OF DESIGNATED BENEFICIARIES

Question 1046

# 2 CHARACTER EVIDENCE - FRE ALLOWS CHARACTER EVIDENCE IN CIVIL CASES OF

Answer 1046

1. SEXUAL ASSAULT 2. CHILD MOLESTATION

Question 1047

# 2 CA TIME LIMITS TO FILE NOTICE OF APPEAL

Answer 1047

1. **60 DAYS AFTER NOTICE OF ENTRY OF JDUGMENT** OR 2. 180 DAYS AFTER ENTRY OF JUDGMENT

Question 1048

# 2 OBJECTION - BROAD, GENERAL, INDEFINITE IS USED WHERE QUESTION PERMITS THE WITNESS TO ANSWER WITH A TESTIMONY THAT IS

Answer 1048

1. IRRELEVANT 2. INADMISSIBLE

Question 1049

# 4 EXCEPTIONS TO PRECATORY EXPRESSIONS NOT CREATING A TRUST

Answer 1049

1) WHERE THEY GIVE PRECISE AND DEFINITE EXPRESSIONS 2) WHERE THEY ARE ADDRESSED TO A FIDUCIARY 3) AN UNNATURAL DISPOSITION OF PROPERTY WOULD OTHERWISE RESULT 4) EXTRINSIC EVIDENCE THAT SETTLOR PREVIOUSLY SUPPORTED THE INTENDED BENEFICIARY

Question 1050

# 1 IMPLIED MATERIAL CONDITION

Answer 1050

1. MATERIAL CONDITION IMPLIED BY THE NATURE OF THE AGREEMENT.

Question 1051

# 1 TRANSFERABLITY OF FEE SUBJECT TO CONDITION SUBSEQUENT

Answer 1051

1. ALIENABLE, DESCENDABLE AND DEVISABLE, SUBJECT TO CONDITION

Question 1052

# 1 MBE MISSED - WHERE A LAW IMPACTS A FIRST AMENDMENT RIGHT, THE BURDEN OF PROOF IS ON

Answer 1052

1. THE GOVERNMENT

Question 1053

# 3 FORGERY IS THE CRIME OF

Answer 1053

1. FALSIFYING DOCUMENTS 2. WITH THE SPECIFIC INTENT TO DEFRAUD 3. THOSE WHO REASONABLY RELY ON THE VERACITY OF THE SAME.

Question 1054

# 1 ATTORNEY'S DUTY TO COMMUNICATE SETTLEMENT OFFERS

Answer 1054

1. L MUST CONVEY ALL OFFERS TO ALL CLIENTS

Question 1055

# 3 MARKET DIRECTORY HEARSAY EXCEPTION

Answer 1055

1. MARKET QUOTATIONS, DIRECTORIES AND OTHER PUBLIC COMPILIATIONS 2. RELIED UPON BY THE PUBLIC OR PARTICULAR OCCUPATIONS 3. ARE ADMISSIBLE WHERE PROPONENT SHOWS RELIABILITY.

Question 1056

# 1 REPLEVIN

Answer 1056

1. RECOVERY, BEFORE TRIAL, OF A SPECIFIC CHATTEL WRONGLY TAKEN

Question 1057

# 3 ELEMENTS OF FRAUD FOR 10b-5 - OMMISSION

Answer 1057

1. OMMITTING MATERIAL FACT 2. PROPMPTING TRADE OF SECURITY 3. THROUGH INTERSTATE COMMERCE

Question 1058

# 2 STATE OF MIND EXCEPTION TO HEARSAY RULE

Answer 1058

1. STATE OF DECLARAN'TS THEN EXISTING STATE OF MIND 2. DESCRIBES EMOTION, SENSATION OR PHYSICAL CONDITION

Question 1059

# 1 STRICT LIABILITY FOR EXCAVATION

Answer 1059

1. STRICT LIABILITY ARISES WHERE PLAINTIFF CAN SHOW HER LAND WOULD HAVE COLLAPSED IN ITS NATURAL STATE DUE TO THE EXCAVATION.

Question 1060

# 3 LEMON TEST (SEX) - A LAW MUST HAVE

Answer 1060

1. A **S**ECULAR PURPOSE 2. A PRIMARY **E**FFECT THAT DOESN'T PROMOTE OR INHIBIT RELIGION 3. NO E**X**CESSIVE ENTANGLEMENT OF GOVT WITH RELIGION

Question 1061

# 3 PART PERFORMANCE EXCEPTIONS TO SOF LAND CONTRACT REQUIREMENTS - BUYER

Answer 1061

1. MAKES FULL OR PARTIAL PAYMENT 2. GAINS POSSESSION OF LAND 3. AND/OR SUBSTANTIAL IMPROVEMENTS TO PROPERTY

Question 1062

# 2 PREDISPOSED DEFENDANT'S ABLITY TO RAISE DEFENSE OF ENTRAPMENT - JURISDICTIONAL SPLIT

Answer 1062

1. IN SOME JURISDICTIONS, A DEFENDANT PREDISPOSED TO COMMIT THE CRIME CHARGED CANNOT CLAIM THE DEFENSE OF ENTRAPMENT 2. OTHER JURISDICTIONS ALLLOW A PREDISPOSED DEFENDANT TO USE DEFENSE OF ENTRAPMENT WHERE POLICE CONDUCT WAS OUTRAGEOUS AND INSTIGATED THE CRIME.

Question 1063

# 2 ADMISSIBILITY OF RECORD USED IN RECORDED RECOLLECTION EXCEPTION

Answer 1063

1. READ INTO THE RECORD 2. ADMITTED AS EXHIBIT IF OFFERED BY ADVERSE PARTY.

Question 1064

# 4 SPECIAL CLASSIFICATIONS - EDUCATION - REIMBURSEMENT REDUCED WHERE

Answer 1064

1. COMMUNITY ALREADY BENEFITTED FROM EDUCATIONS 2. BENEFIT PRESUMED AFTER 10 YEARS 3. COMMUNITY ALSO CONTRIBUTED TOWARD EDUCATION OF OTHER SPOUSE 4. NEED FOR SPOUSAL SUPPORT OF EDUCATED SPOUSE REDUCED

Question 1065

# 2 CONGRESSIONAL POWERS - NATURALIZATION AND BANKRUPTCY

Answer 1065

1. CONGRESS MAKES LAWS AFFECTING BANKRUPTCY 2. CONGRESS MAKES LAWS AFFECTING NATURALIZATION OF CITIZENS

Question 1066

# 3 WHO OR WHAT DOES HEARSAY COMES FROM?

Answer 1066

1. SOMEONE OR SOMETHING OUT OF COURT 2. OTHER THAN THE WITNESS TESTIFYING 3. MAKING A STATEMENT OR DECLARATION

Question 1067

# 4 MBE - LEARNED TREATISES MAY BE READ INTO EVIDENCE WHERE

Answer 1067

1. EXPERT WITNESS RELIES ON IT ON DIRECT EXAMINATION 2. OR ITS CALLED TO EXPERT'S ATTENTION ON X-EXAMINATION 3. OR ITS ESTABLISHED AS RELIABLE BY WITNESS' OR OTHER EXPERT WITNESS' TESTIMONY, ADMISSION 4. OR JUDICIAL NOTICE

Question 1068

# 2 CAN TRACING OVERCOME JOINT TITLE?

Answer 1068

1. TRACING CAN'T OVERCOME CP PRESUMPTION FOR TITLE TAKEN JOINTLY 2. TRACING CAN OVERCOME CP PRESUMPTION ON A BANK ACCOUNT BECAUSE PROBATE CODE HONORS TRACING

Question 1069

# 2 LIABILITY OF OLD TENANT FOR ASSIGNED LEASE

Answer 1069

1. OLD TENANT IS STILL LIABLE TO LANDLORD FOR PAYMENT OF RENT BECAUSE OF PRIVITY OF CONTRACT. 2. UNLESS LANDLORD SIGNS A **_NOVATION._**

Question 1070

# 1 IMPLIED EQUITABLE SERVITUDE - NOTICE REQUIREMENTS

Answer 1070

1. GRANTEE MUST HAVE NOTICE "GENERALLY"

Question 1071

# 1 PAROL EVIDENCE RULE

Answer 1071

1. EVIDENCE OF PRIOR AGREMEENT MAY NOT BE INTRODUCED TO VARY OR CONTRADICT THE TERMS OF A FULLY INTEGRATED CONTRACT.

Question 1072

# 3 WILLS - CLASS GIFTS OCCUR WHEN TESTATOR BEQUEATHS PROPERTY TO

Answer 1072

1. A GROUP OF PEOPLE NOT INDIVIDUALLY NAMED 2. BUT IDENTITY OF GROUP EASILY ASCERTAINABLE 3. SATISFYING IDENTIFICATION OF BENEFICIARY REQUIREMENT

Question 1073

# 2 ORAL EASEMENTS CREATE

Answer 1073

1. A LICENSE 2. RISK OF CREATING AN EASEMENT BY ESTOPPEL WHEN LICENSEE RELIES ON REPRESENTATION.

Question 1074

# 2 MBE MISSED - UCC 2-210, FOR REQUIREMENTS/OUTPUT CONTRACTS - NO ASSIGNMENT CLAUSES IN CONTRACTS PREVENT ONLY

Answer 1074

1. DELEGATIONS OF DUTIES 2. NOT ASSIGNMENTS OF RIGHTS

Question 1075

# 1 ROUTINE STOP - PATDOWNS MAY NOT INCLUDE

Answer 1075

1. SEARCH FOR CONTRABAND OR EVIDENCE

Question 1076

# 4 REVLON RULE

Answer 1076

1. DIRECTORS CONFRONTED WITH TAKEOVER THREATS 2. HAVE A DUTY TO MAXIMIZE SHAREHOLDER RETURN 3. ONCE IT BECOMES OBVIOUS 4. CORPORATE TAKEOVER IS INEVITABLE

Question 1077

# 2 EASEMENT BY NECESSITY - SERVIENT PARCEL'S RIGHTS FOR EASEMENT LOCATION

Answer 1077

1. SERVIENT ESTATE HOLDER HAS RIGHT TO LOCATE EASEMENT FOR THE REASONABLE CONVENIENCE OF PARTIES.

Question 1078

# 4 MIRANDA - INVOCATION OF COUNSEL AND INTERROGATION - ONCE SUSPECT INVOKES RIGHT TO COUNSEL, POLICE MUST

Answer 1078

1. MUST CEASE ALL INTERROGATION 2. UNTIL SUSPECT CONSULTS COUNSEL 3. AND CANNOT RESUME INTERROGATION 4. UNTIL COUNSEL IS PRESENT.

Question 1079

# 3 REVOCATION OF UNILATERAL OFFER

Answer 1079

1. AT COMMON LAW, A UNILATERAL OFFER COULD BE REVOED AT ANY TIME WHEN MADE IN THE SAME MANNER THE OFFER WAS GIVEN 2. MODERNLY, SAVING DOCTRINES PREVENT REVOCATION AFTER OFFEREE HAS SUBSTANTIALLY COMMENCED PERFORMANCE 3. ALLOWING A REASONABLE TIME FOR OFFEREE TO COMPLETE PERFORMANCE

Question 1080

# 3 CITIZENSHIP FOR CORPORATIONS

Answer 1080

1. CORPORATIONS CAN BE CITIZENS OF TWO STATES 2. THEY ARE CITIZENS IN THE STATE WHERE INCORPORATED 3. THEY ARE CITIZENS IN THE STATE WHERE THEIR PRINCIPAL PLACE OF BUSINESS IS LOCATED.

Question 1081

# 2 FROLIC V. DETOUR

Answer 1081

1. **FROLIC** INVOLVES AGENT DEVIATING FROM INTENDED CONDUCT SO SUBSTANTIALLY THAT SHE IS ACTING FOR HER OWN PURPOSES. **AGENT IS LIABLE** FOR HER ACTS. 2. **DETOUR** IS A SMALL DEVIATION FROM INTENDED CONDUCT. **PRINCIPAL IS LIABLE** FOR AGENT'S ACTS.

Question 1082

# 3 RECISSION

Answer 1082

1. PUTS THE PARTIES BACK IN THE POSITION THEY WERE IN BEFORE THE CONTRACT WAS MADE. 2. LEGAL RECISSION OCCURS WHEN BOTH PARTIES AGREE TO VOID CONTRACT 3. EQUITABLE RECISSION OCCURS WHEN THE COURT DECREES THE CONTRACT CANCELLED

Question 1083

# 2 LICENSE

Answer 1083

1. RIGHT TO USE LICENSOR'S LAND FOR A SPECIFIC PURPOSE 2. LICENSOR MAY REVOKE AT WILL

Question 1084

# 1 WAIVER OF COMPETENCY

Answer 1084

1. COMPETENCY CANNOT BE WAIVED BY ANY CLIENT UNDER ANY CIRCUMSTANCES

Question 1085

# 2 SILA SEARCH - PROTECTIVE SWEEP - WHEN THE SUSPECT IS ARRESTED AT HOME - POLICE MAY SEARCH

Answer 1085

1. SPACES ADJOINING THE PLACE OF ARREST 2. ANYWHERE ARTICULABLE SUSPICION OF DANGER EXISTS WITH SPACES SWEPT

Question 1086

# 4 WHO IS A CORPORATE INSIDER?

Answer 1086

1. DIRECTOR 2. OFFICER 3. SHAREHOLDER 4. ANY OTHER HOLDER OF MATERIAL, NONPUBLIC COPRORATE INFORMATION

Question 1087

# 2 PUTATIVE SPOUSE'S PROPERTY IS TREATED AS

Answer 1087

1. QUASI-MARITAL PROPERTY 2. QMP IS TREATED LIKE COMMUNITY PROPERTY

Question 1088

# 3 FEE TAIL

Answer 1088

1. PASSES AUTOMATICALLY TO LINEAL DESCENDANTS OF HEIR 2. LASTS AS LONG AS LINEAL DESCENDANTS EXIST 3. MODERNLY, VIRTUALLY ABOLISHED.

Question 1089

# 3 REQUIREMENTS FOR REFORMATION

Answer 1089

1. VALID CONTRACT MUST EXIST 2. GROUNDS MUST EXIST 3. NO AVAILABLE DEFENSES

Question 1090

# 5 JUDICIAL POWERS - FEDERAL COURTS HAVE POWER TO REVIEW CASES

Answer 1090

1. BETWEEN TWO STATES 2. BETWEEN CITIZENS OF DIFFERENT STATES 3. BETWEEN STATES AND FOREIGN ENTITIES 4. INVOLVING ADMIRALTY 5. INVOLVING FEDERAL LAWS OR U.S. CONSTITUTION

Question 1091

# 3 EXTRA FACTORS INFLUENCING **_FEASIBLITY OF ENFORCEMENT_** DECISIONS ON PERMANENT INJUNCTIONS - INJUNCTION INVOVLES

Answer 1091

1. A SERIES OF ACTS INSTEAD OF ONE ACT 2. TASTE OR SUBJECTIVE JUDGMENT TO MEASURE PEFORMANCE 3. JURISIDICTIONAL ISSUES AFFECTING ENFORCEMENT

Question 1092

# 2 CAN TRACING OVERCOME JOINT TITLE?

Answer 1092

1. TRACING CAN'T OVERCOME CP PRESUMPTION FOR TITLE TAKEN JOINTLY 2. TRACING CAN OVERCOME CP PRESUMPTION ON A BANK ACCOUNT BECAUSE PROBATE CODE HONORS TRACING

Question 1093

# 2 ALTERNATIVE METHOD (INSTEAD OF VOTING) OF SHAREHOLDER APPROVAL FOR FUNDAMENTAL CORPORATE OR BOARD CHANGES - CONSENT MAY BE

Answer 1093

1. WRITTEN AND 2. UNANIMOUS

Question 1094

# 2 FORUM SHOPPING DETERRENCE TEST

Answer 1094

1. WILL FAILURE TO FOLLOW STATE LAW CAUSE LITIGANTS TO FLOCK TO FEDERAL COURT? 2. IF SO, STATE LAW MUST BE APPLIED.

Question 1095

# 4 STEPS FOR PRINCIPAL RATIFYING AGENT'S UNAUTHORIZED ACTS - PRINCIPAL

Answer 1095

1. HAS CAPACITY 2. HAS KNOWLEDGE OF ACTS 3. ENGAGES IN CONDUCT APPROVING ACTS 4. OR ACCEPTS THE TRANSACTION

Question 1096

# 4 REQUIREMENTS FOR FINDING CONSEQUENTIAL DAMAGES

Answer 1096

1. DAMAGES CLEARLY CONTEMPLATED AT CONTRACT'S FORMATION 2. CLEARLY UNAVOIDABLE BY THE PLAINTIFF 3. CERTAIN IN AMOUNT 4. CAUSED BY THE BREACH

Question 1097

# 5 FOR A COURT TO HEAR A CASE - IT MUST

Answer 1097

1. HAVE JURISDICTION OVER THE PARTIES IN THE CASE 2. HAVE JURISDICTION OVER THE SUBJECT MATTER OF THE CASE 3. BE THE PROPER VENUE FOR THE CASE 4. USE THE PROPER LAW FOR THE CASE 5. THE DEFENDANT MUST HAVE NOTICE OF THE CASE

Question 1098

# 4 MBE MISSED - RECOVERY FOR WITNESSES OF NEGLIGENT INJURY MUST BE

Answer 1098

1. CLOSELY RELATED TO VICTIM 2. PRESENT AT SCENE OF INJURY 3. AWARE VICTIM WAS BEING INJURED 4. SUFFERED SERIOUS EMOTIONAL DISTRESS FROM PRESENCE

Question 1099

# 2 ADVERSE POSSESSION - OUSTER REQUIREMENT FOR HOSTILE POSSESSION OF CONCURRENTLY OWNED PROPERTY

Answer 1099

1. CO-TENTANT MUST CLAIM EXCLUSIVE RIGHT 2. CO-TENANT MUST REFUSE ENTRY TO OTHER CO-TENANT

Question 1100

# 1 WATER RIGHTS - REASONABLE USE DOCTRINE

Answer 1100

1. OWNER MAY USE WATER IN A REASONABLE MANNER.

Question 1101

# 4 SPECIAL CLASSIFICATIONS - PENSION PLANS - ELEMENTS OF RESERVATION OF JURISDICTION APPROACH

Answer 1101

1. COURT RESERVES JURISDICTION 2. AT RETIREMENT APPORTIONS SHARES 3. NON-EMPLOYED SPOUSE CAN ELECT TO RECEIVE SHARE AT THE EARLIEST TIME EMPLOYED SPOUSE COULD RETIRE

Question 1102

# 2 POUR OVER WILL - TESTATOR CREATES BY

Answer 1102

1. CREATING INTER VIVOS TRUST 2. INCORPORATES TRUST INTO WILL BY REFERENCE, INDEPENDENT SIGNATURE OR STATUTE

Question 1103

# 2 CA RULES AGAINST SEXUAL RELATIONSHIP WITH CLIENT

Answer 1103

1. CANNOT REPRESENT IF SEXUAL RELATIONSHIP IMPAIRS REPRESENTATION 2. CANNOT USE UNDUE INFLUENCE TO GAIN SEXUAL RELATIONS

Question 1104

# 3 CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - FACIALLY DISCRIMINATORY STATE LAW UPHELD WHERE

Answer 1104

1. IT **FURTHERS** AN IMPORTANT **NON ECONOMIC INTEREST** AND 2. THERE ARE **NO LESS DISCRIMINATORY ALTERNATIVES** AVAILABLE 3. **OR** THE STATE IS A **MARKET PARTICIPANT**.

Question 1105

# 2 MINIMUM CONTACTS - GENERAL JURISDCTION - CONTACTS WITH THE FORUM STATE ARE

Answer 1105

1. SUFFICIENTLY SYSTEMATIC 2. CONTINUOUS

Question 1106

# 1 FEDERAL COURT - RENEWED JUDGMENT AS A MATTER OF LAW - TIMING REQUIREMENT

Answer 1106

1. RJMOL MUST BE MADE W/IN 28 DAYS AFTER ENTRY OF JUDGMENT.

Question 1107

# 1 OUTCOME DETERMINATIVE TEST

Answer 1107

1. AN ISSUE THAT WILL CHANGE OR DIRECTLY AFFECT THE CASE'S OUTCOME IS SUBSTANTIVE

Question 1108

# 4 ELEMENTS OF A SECTION 10(b)-5 VIOLATION CHARGING INSIDER TRADING

Answer 1108

1. INSIDER WITH POSSESSION OF CORPORATE MATERIAL NONPUBLIC INFORMATION 2. BREACHES DUTY OF TRUST TO SOURCE OF MNI 3. WHEN HE TRADES A CORPORATE SECURITY 4. BASED ON MNI 5. VIA INTERSTATE COMMERCE

Question 1109

# 3 SUBSTANTIVE DUE PROCESS - NON FUNDAMENTAL RIGHTS ARE INVOLVED WHERE REGULATIONS AFFECT

Answer 1109

1. SOCIAL WELFARE 2. ECONOMIC WELFARE 3. NON-FUNDAMENTAL PERSONAL RIGHTS

Question 1110

# 2 REQUIREMENTS OF ZEALOUS ADVOCACY W/IN THE BOUNDS OF LAW - LAWYER CANNOT ADVISE A CLIENT TO

Answer 1110

1. VIOLATE LAW 2. FILE A FRIVILOUS LAWSUIT

Question 1111

# 3 CATEGORIES OF TRUSTS

Answer 1111

1. EXPRESS 2. RESULTING 3. CONSTRUCTIVE

Question 1112

# 3 SPECIAL CLASSIFICATIONS - BUSINESS GOODWILL IN A PROFESSIONAL PRACTICE - THE EXCESS EARNINGS FORMULA

Answer 1112

1. SPOUSE'S ANNUAL NET EARNINGS 2. SUBTRACT ANNUAL EARNINGS OF SIMILARLY SITUATED PROFESSIONAL 3. THE DIFFERENCE IS CAPTILIZED OVER TIME PERIOD OF MARRIAGE

Question 1113

# 1 MBE MISSED - REVERTERS ARE NOT SUBJECT TO

Answer 1113

1. THE RULE OF PERPETUITIES

Question 1114

# 1 UCC - WAIVER OF CONDITION CREATED BY NO WRITING FOR A MODIFICATION TO A CONTRACT FOR THE SALE OF GOODS OVER $500 CAN BE RETRACTED BY PROMISEE BY

Answer 1114

1. PROMISEE'S REASONABLE NOTICE TO THE PROMISOR THAT STRICT PERFORMANCE OF THE WAIVED CONDITION WILL BE REQUIRED.

Question 1115

# 2 IMPLIED WARRANTY OF HABITIABILITY

Answer 1115

1. IMPLIED IN EVERY RESIDENTIAL LEASE 2. THE PREMISES MUST BE FIT FOR HUMAN HABITATION

Question 1116

# 1 QUORUM OF SHAREHOLDERS

Answer 1116

1. MAJORITY PERCENTAGE OF OUTSTANDING SHARES REPRESENTED

Question 1117

# 2 DEFENSE OF DURESS (CONTRACTS)

Answer 1117

1. WHERE DEFENDANT ENTERED CONTRACT DU TO THREAT OF HARM 2. OR WHERE DELIBERATE ACTS WHERE PERFORMED TO CREATE THE THREAT OF ECONOMIC HARM.

Question 1118

# 4 REQUIREMENTS FOR RES JUDICATA/CLAIM PRECLUSION FAPS

Answer 1118

1. FINAL JUDGMENT ON THE MERITS 2. CLAIM WAS ACTUALLY OR COULD HAVE BEEN LITIGATED 3. SAME PARTIES OR PRIVIES TO THE LITIGATION 4. BOTH CASES ASSERT THE SAME CLAIM

Question 1119

# 1 SPOUSE OWNERSHIP AND DISPOSITION - PERSONAL PROPERTY

Answer 1119

1. **BELONGS EQUALLY** TO EACH SPOUSE

Question 1120

# 2 FINAL JUDGMENT ON THE MERITS OCCURS WHEN

Answer 1120

1. FED- WHEN JUDGMENT IS RENDERED 2. CA - WHEN APPEALS HAVE CONCLUDED

Question 1121

# 3 RIGHTS OF OFFICERS AND DIRECTORS

Answer 1121

1. FAIR COMPENSATION DETERMINED BY BOARD 2. INDEMNIFICATION FROM EXPENSES INCURRED ON BEHALF OF CORP 3. INSPECTION OF RECORDS OR FACILITIES (REASONABLE NOTICE)

Question 1122

# 2 SOLICITATION LETTERS MUST NOT CONTAIN

Answer 1122

1. GUARANTEES OF CASE SUCCESS 2. CLAIMS OF SPECIAL EXPERTISE UNLESS ATTORNEY CERTIFIED BY RELEVANT STATE AUTHORITIES

Question 1123

# 2 MBE MISSED - RESTRICTIVE COVENANT IS ENFORCEABLE AGAINST SUBSEQUENT PURCHASERS WHERE SUBSEQUENT PURCHASERS HAVE

Answer 1123

1. ACTUAL NOTICE OR 2. CONSTRUCTIVE NOTICE OF RESTRICTIVE COVENANT

Question 1124

# 3 MBE MISSED - ROBBERY - AFTER PROPERTY TAKEN, USE OF FORCE OR THREAT OF FORCE REQUIREMENT ONLY SATISFIED WHERE

Answer 1124

1. IMMEDIATELY AFTER TAKING 2. DEFENDANT USES FORCE TO STOP VICTIM FROM CATCHING HIM 3. OR RETAKING PROPERTY

Question 1125

# 6 COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE'S SEPARATE PROPERTY - BUSINESS - PEREIRA FORMULA (PSP)

Answer 1125

1. START WITH ORIGINAL SP INVESTMENT 2. MULTIPLY BY FAIR RATE OF RETURN (10 PERCENT) 3. MULTIPLY THIS NUMBER BY THE NUMBER OF YEARS THE INVESTMENT HELD WHILE MARRIED 4. ADD THIS NUMBER TO ORIGINAL SP INVESTMENT 5. RESULT IS SEPARATE PROPERTY 6. SUBTRACT RESULT FROM VALUE OF BUSINESS AT DISSOLUTION AND THIS RESULT IS COMMUNITY PROPERTY

Question 1126

# 1 TENANCY AT SUFFERANCE IS CREATED WHEN

Answer 1126

1. TENANT WRONGFULLY HOLDS OVER PAST EXPIRATION OF A VALID LEASE

Question 1127

# 1 MAILBOX RULE REJECTION

Answer 1127

1. REJECTION IS EFFECTIVE UPON RECEIPT

Question 1128

# 4 INSIDER FOR 10b-5

Answer 1128

1. DIRECTOR 2. OFFICER 3. SHAREHOLDER 4. HOLDER OF MATERIAL NONPUBLIC CORPORATE INFORMATION

Question 1129

# 2 THE COMMUNITY IS LIABLE FOR DEBTS INCURRED

Answer 1129

1. DURING THE MARRIAGE BY EITHER SPOUSE 2. DEBTS INCURRED BEFORE MARRIAGE BY EITHER SPOUSE

Question 1130

# 1 COLLATERAL SOURCE RULE

Answer 1130

1. PLAINTIFF'S DAMAGES ARE NOT REDUCED BY AMOUNT OF BENEFITS PAID BY OTHER SOURCES

Question 1131

# 2 BURDEN ON DEFENDANT FOR INCONVIENT FORUM FACTORS - DEFENDANT MUST PROVE A BURDEN OF

Answer 1131

1. TRAVEL 2. TRANSPORT OF WITNESSES AND EVIDENCE

Question 1132

# 2 ALL OR PART OF WILL BE REVOKED BY A SUBSEQUENT WILL WHERE

Answer 1132

1. THE SUBSEQUENT WILL **EXPRESSLY** REVOKES ALL OR PART OF THE PREVIOUS WILL 2. THE SUBSEQUENT WILL **IMPLIEDLY** REVOKES ALL OR PART OF PREVIOUS WILL THROUGH INCONSISTENCIES

Question 1133

# 6 UNDER THE BEST EVIDENCE RULES, ORIGINAL DOCUMENTS DO NOT NEED TO BE ADMITTED WHERE THEY HAVE BEEN

Answer 1133

1. LOST OR DESTROYED 2. OFFERED FOR INSPECTION 3. OUT OF JURISDICTION 4. VOLUMINOUS 5. IN CONTROL OF THE OTHER PARTY 6. KEPT IN THE REGULAR COURSE OF BUSINESS

Question 1134

# 3 120 HOUR RULE

Answer 1134

1. HEIR MUST SURVIVE DECEDENT BY 120 HOURS 2. OR HEIR DETERMINED TO PREDECEASE DECEDENT 3. ESTATE WILL ESCHEAT TO STATE

Question 1135

# 3 PARTNERSHIP - **CONTRACTUAL RELATIONSHIPS WITH THIRD PARTIES** AND **AGENCY THEORY**

Answer 1135

1. PARTNER'S ABILITY TO BIND THE PARTNERSHP IS BASED ON AGENCY THEORY 2. EACH PARTNER IS AN AGENT OF THE PARTNERSHIP 3. FOR PURPOSES OF CONDUCTING PARTNERSHIP BUSINESS

Question 1136

# 3 CA REQUIREMENTS FOR REPORTING KNOWN ATTORNEY MISCONDUCT

Answer 1136

1. PERMISSIVE IF PAST 2. REQUIRED WHERE GOING TO OCCUR 3. OR ONGOING

Question 1137

# 2 MBE MISSED - STRICT LIABILITY CRIMES INVOLVE

Answer 1137

1. REGULATORY OFFENSES 2. OFFENSES SERIOUS POTENTIAL HARM TO PUBLIC

Question 1138

# 2 MOTION FOR DIRECTED VERDICT OR DEMURRER TO THE EVIDENCE (CA)

Answer 1138

1. AT TRIAL 2. AFTER OPPOSING SIDE HAS PRESENTED ITS CASE 3. OTHER SIDE FILES MOTION FOR DIRECTED VERDICT 4. ARGUING INSUFFFICIENT EVIDENCE PRESENTED BY OPPOSING SIDE 5. TO ALLOW REASONABLE PEOPLE TO AGREE WITH OPPOSING SIDE'S CASE

Question 1139

# 8 EXECUTIVE POWERS - PRESIDENT CAN

Answer 1139

1. ISSUE EXECUTIVE ORDERS 2. MAKE TREATIES 3. REPRESENT U.S. ON FOREIGN POLICY 4. APPOINT AMBASSADORS 5. VETO BILLS 6. APPOINT TOP LEVEL FEDERAL OFFICIALS 7. ISSUE PARDONS 8. EXERCISE EXECUTIVE PRIVILEGE

Question 1140

# 1 UNIFORM PRUDENT INVESTOR ACT - MANAGEMENT OF TRUST INVESTMENTS - PRODUCTIVITY OF INVESTMENT IS MEASURED BY

Answer 1140

1. PORTFOLIO PERFORMANCE AS A WHOLE

Question 1141

# 4 EXPRESS EASEMENT CREATION

Answer 1141

1. IN WRITING 2. MANIFESTING GRANTOR'S PRESENT INTENT 3. IDENTIFICATION OF PARTIES AND AFFECTED LAND 4. SIGNED BY GRANTOR

Question 1142

# 2 MBE MISSED - PROMISSORY ESTOPPEL(DETRIMENTAL RELIANCE) VS. QUASI CONTRACT (PART PERFORMANCE)

Answer 1142

1. PROMISSORY ESTOPPEL SHOULD ENTITLE PROMISEE TO THE PROMISED BENEFIT VS. 2. QUASI CONTRACT WILL AWARD REASONABLE VALUE OF SERVICES

Question 1143

# poop 14TH AMENDMENT EPC EXTENDS BILL OF RIGHTS TO STATES EXCEPT FOR THESE TWO RIGHTS

Answer 1143

1. EIGHTH AMENDMENT PROTECTION FROM EXCESSIVE BAIL 2. FIFTH AMENDMENT GUARANTEE TO GRAND JURY INDICTMENT

Question 1144

# 2 TRUSTEE - DELEGATION OF DUTIES

Answer 1144

1. AT COMMON LAW, NO DELEGATION ALLOWED 2. MODERNLY, DELEGATION IS ALLOWED WHERE DUE CARE AND SKILL ARE USED TO SELECT AGENTS

Question 1145

# 2 INTERPLEADER ELEMENTS

Answer 1145

1. EQUITABLE ACTION WHERE STAKEHOLDER HAS COURT DETERMINE RIVAL CLAIMAINTS RIGHT TO STAKE 2. RELIEVING THE STAKEHOLDER OF MULTIPLE LIABILITIES TO CLAIMAINTS

Question 1146

# 4 DEPENDENT RELATIVE REVOCATION

Answer 1146

1. TESTATOR REVOKES WILL 2. WITH MISTAKEN BELIEF THAT SUBSEQUENT WILL OR CODICIL IS VALID 3. SUBSEQUENT WILL OR CODICIL IS INVALID 4. COURT WILL FIND FIRST WILL VALID

Question 1147

# 3 ATTORNEY'S DUTY WHEN ROGUE EMPLOYEE THREATENS A REPRESENTED BUSINESS - CA

Answer 1147

1. URGE EMPLOYEE TO RECONSIDER WHILE EXPLAINING CONSEQUENCES 2. IF NO RESULT, WITHDRAW 3. ATTORNEY CAN NEVER REVEAL INFO TO OUTSIDE

Question 1148

# 3 SHAREHOLDERS' DUTIES

Answer 1148

1. AT COMMON LAW, NO DUTY 2. MODERNLY, CONTROLLING SHAREHOLDER HAS FIDUCIARY DUTY TO CORP AND 3. MINORITY SHAREHOLDERS HAVE DUTY OF CARE AND LOYALTY

Question 1149

# 2 DEED DEFINITION - A DEED IS A DOCUMENT THAT

Answer 1149

1. TRANSFERS TITLE OF REAL PROPERTY 2. FROM ONE PARTY TO ANOTHER.

Question 1150

# 3 COMMON LAW TRESPASS WAS THE CRIME OF

Answer 1150

1. WILLFULLY MAKING AN ENTRY ON TO REAL PROPERTY OR STRUCTURE 2. WITHOUT THE PERMISSION OF ITS RIGHTFUL OCCUPIER 3. WITH SPECIFIC INTENT TO INTERFERE WITH THE PROPERTY OR DISTURB THE PEACE THEREON.

Question 1151

# 1 LIBEL/DEFAMATION

Answer 1151

1. A WRITTEN OR RECORDED FALSE STATEMENT OF MATERIAL FACT PUBLISHED TO A THIRD PARTY

Question 1152

# 2 TWO DIFFERENT CATEGORIES OF STATE'S STATUATORY BASES FOR PERSONAL JURISDICTION

Answer 1152

1. LONG ARM STATUTES W/MINIMUM CONTACT STANDARD 2. SPECIFIC LONG ARM STATUTES

Question 1153

# 1 SUBJECT MATTER JURISDICTION DEFINITION

Answer 1153

1. COURT HAS AUTHORITY TO EXERCISE JURISDICTION OVER A PARTICULAR CONTROVERSY

Question 1154

# 1 IF A SUSPECT ASKS TO HAVE COUNSEL PRESENT AT ANY OTHER TIME THAN AFTER A MIRANDA WARNING, HE IS INVOKING

Answer 1154

1. HIS SIXTH AMENDMENT RIGHT TO HAVE COUNSEL PRESENT.

Question 1155

# 1 PRINCIPAL'S LIABILITY FOR AGENT'S TORTS

Answer 1155

1. WHERE TORTS COMMITTED IN SCOPE OF PRINCIPAL-AGENT RELATIONSHIP

Question 1156

# 4 REVERSE VAN CAMP FORMULA

Answer 1156

1. REASONABLE SALARY FOR MANAGER SPOUSE AFTER SEPARATION CALCULATED 2. LIVING EXPENSES DEDUCTED 3. RESULT IS SEPERATE PROPERTY 4. REMAINDER OF BUSINESS VALUE GOES TO COMMUNITY

Question 1157

# 2 MBE - EXCESSIVE ENTANGLEMENT AND GOVERNMENT GRANTS FOR CONSTRUCTION OF BUILDING TO BE USED AT RELIGIOUS SCHOOLS

Answer 1157

1. AS LONG AS THE SCHOOLS INVOLVED AREN'T "PERMEATED WITH RELIGION" THE GRANTS DONT INVOLVE EXCESSIVE ENTANGLEMENT 2. AND THE DIRECT AID IS NOT TO PRIMARY OR SECONDARY SCHOOLS.

Question 1158

# 1 TIME CRITERION FOR DIVERSITY FOR SUBJECT MATTER JURISDICTION

Answer 1158

1. DIVERSITY MUST EXIST AT THE TIME THE CASE IS FILED.

Question 1159

# 1 HATS GO ON YOUR

Answer 1159

HEAD

Question 1160

# 1 PRESUMPTION OF FRAUD OR UNDUE INFLUENCE BY BENEFICIARY OF DONATIVE TRANSFER REBUTTABLE WHERE

Answer 1160

1. CLEAR AND CONVINCING EVIDENCE

Question 1161

# 2 SUPPLEMENTAL JURISDICTION

Answer 1161

1. COURT HAS JURISDICTION OVER A CLAIM WITH INSUFFICIENT SUBJECT MATTER JURISDICTION 2. WHEN IT IS JOINED TO A CLAIM WITH SUFFICIENT SUBJECT MATTER JURISDICTION.

Question 1162

# 4 LANDLORD/TENANT QUESTION - EXPRESS REAL COVENANT LANGUAGE

Answer 1162

1. NOTICE 2. INTENT 3. TOUCH AND CONCERN THE LAND 4. PRIVITY

Question 1163

# 2 COURTS OF LIMITED AND GENERAL SUBJECT MATTER JURISIDICTION

Answer 1163

1. **STATE COURTS** - GENERAL SUBJECT MATTER JURISICTION WITH JURISDICTION OVER ANY MATTER NOT W/IN EXCLUSIVE JURISDICTION OF ANOTHER COURT 2. **FEDERAL COURTS** - LIMITED SUBJECT MATTER JURISDICTION WITH JURISDICTION OVER ONLY FEDERAL QUESTION AND DIVERSITY OF CITIZENSHIP CASES.

Question 1164

# 5 CA - EXCEPTIONS TO ATTORNEY CONFIDENTIALITY REQUIREMENT

Answer 1164

1. WHERE DEATH OR SERIOUS BODILY HARM IS THREATENED, AFTER ACTING TO DISSUADE CLIENT AND ADVISING THAT INFORMATION CAN BE REVEALED 2. PREVENT SUBSTANTIAL FINANCIAL HARM 3. WHERE CONSENTED TO TO GET ETHICS ADVICE 4. SUIT V. CLIENT TO COLLECT FEES 5. WHERE COMPELLED BY COURT OR ETHICS RULES

Question 1165

# 3 LIABILITY FOR BREACH OF IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE ARISES WHERE DEFENDANT

Answer 1165

1. IS ANY SELLER OF THE GOODS 2. WHO KNOWS OR SHOULD KNOW THE PARTICULAR INTENDED PURPOSE OF THE GOODS 3. BUYER RELIES ON SELLER'S SKILLS AND JUDGMENT IN SELECTION OF GOODS.

Question 1166

# 3 TERMINATION OR MODIFICATION OF EQUITABLE SERVITUDES

Answer 1166

1. AGREEMENT OF ALL PARTIES IN A SUFFICIENT WRITING 2. ABANDONMENT ACTION 3. CHANGED CONDITIONS

Question 1167

# 2 REQUIREMENT FOR LAWYERS WITH BUSINESS INTERESTS ADVERSE TO CLIENT

Answer 1167

1. ADVISE CLIENT TO SEEK INDEPENDENT COUNSEL 2. GET WAIVER FROM CLIENT IN WRITING

Question 1168

# 3 NOTICE TO TERMINATE TENANCY AT WILL REQUIREMENT - NOTICE MAY BE GIVEN

Answer 1168

1. AT ANY TIME, 2. BY EITHER PARTY. 3. MOST JX REQUIRE REASONABLE NOTICE TO VACATE.

Question 1169

# 2 COURT MAY REQUIRE THE APPOINTMENT OF OF ADVISORY COUNSEL TO A SELF-REPRESENTED DEFENDANT TO

Answer 1169

1. PROVIDE LEGAL ADVICE AND INFORMATION TO DEFENDANT 2. NOT ALLOWED TO MAKE STRATEGIC DECISIONS

Question 1170

# 3 FOR INTESTATE SUCESSION, ADOPTION SEVERS

Answer 1170

1. THE RELATIONSHIP BETWEEN PARENT-CHILD 2. UNLESS NATURAL PARENT'S SPOUSE ADOPTED CHILD 3. AND NATURAL PARENT COHABITATED WITH CHILD

Question 1171

# 4 STEPS FOR CURING THE CONFLICT OF INTEREST BETWEEN A CONFLICTED BOARD MEMBER AND THE CORPORATION ARISING FROM A SELF-DEALING CONTRACT

Answer 1171

1. MATERIAL DISCLOSURE MUST BE MADE BY CONFLICTED PARTY 2. CONTRACT MUST BE FAIR 3. THE CONTRACT CAN BE THEN AUTHORIZED BY **DISINTERESTED** BOARD MEMBERS 4. **OR** CONTRACT CAN THEN APPROVED BY MAJORITY OF SHAREHOLDERS

Question 1172

# 2 TRESPASS TO LAND - DAMAGES AWARDED ARE

Answer 1172

1. ACTUAL DAMAGES CAUSED BY ENTRY 2. NOMINAL DAMAGES

Question 1173

# 2 FIDUCIARY DUTIES OWED BY SPOUSES TO EACH OTHER

Answer 1173

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

Question 1174

# 2 WHERE AN AGENT EXCEEDS ACTUAL AUTHORITY - THE PRINCIPAL WILL BE BOUND TO AGENT'S ACTS WHERE THE AGENT

Answer 1174

1. ACTS IN WAY AN AGENT IN SUCH A POSITION WOULD NORMALLY BE ALLOWED TO ACT 2. WAS PREVIOUSLY ALLOWED TO SIMILARLY ACT IN EXCESS OF AUTHORITY

Question 1175

# 4 FORESEEABLE INTERVENING CAUSES

Answer 1175

1. SUBSEQUENT MEDICAL MALPRACTICE 2. NEGLIGENT RESCUER 3. SUBSEQUENT INFECTION CAUSED BY WEAKENED CONDITION 4. SUBSEQENT ACCIDENT SUBSTANTIALLY CAUSED BY INJURY

Question 1176

# 4 DUTY OF FAIRNESS TO OPPOSING PARTY - ATTORNEY MUST

Answer 1176

1. DISCLOSE INADVERTANT DISCLOSURE 2. NOT TAMPER W/EVIDENCE 3. PRODUCE INCRIMINATING EVIDENCE 4. MAKE REASONABLE EFFORTS TO EXPEDITE LITIGATION

Question 1177

# 4 KILLERS OF TESTATORS

Answer 1177

1. CAN'T TAKE BY WILL 2. CAN'T TAKE BY INTESTATE SUCCESSION 3. TREATED AS PREDECEASING TESTATOR 4. NO ANTI-LAPSE TRIGGERED

Question 1178

# 2 CATEGORIES OF EXPRESS TRUSTS

Answer 1178

1. PRIVATE TRUSTS FOR THE BENEFIT OF ASCERTAINABLE BENEFICIARIES 2. CHARITIABLE TRUSTS FOR THE BENEFIT OF SOCIETY AT LARGE

Question 1179

# 3 DEFICIENCY JUDGMENT FOR MORTGAGES ONLY ALLOWED WHERE

Answer 1179

1. PROPERTY SOLD FOR LESS THAN AMOUNT OWED 2. JUDICIAL FORECLOSURE 3. LOAN WAS NOT A PURCHASE MONEY MORTGAGE

Question 1180

# 2 REMEDIES FOR BREACH OF LAND SALE CONTRACT

Answer 1180

1. DAMAGES 2. SPECIFIC PERFORMANCE (MORE COMMON)

Question 1181

# 4 LONG ARM STATUTE

Answer 1181

1. STATE LAW 2. ALLOWING STATE COURT TO EXERCISE JURISDICTION 3. OVER OUT OF STATE DEFENDANT 4. IN CERTAIN SITUATIONS.

Question 1182

# 1 WHEN IS PRELIMINARY INJUNCTION ISSUED

Answer 1182

1. PRIOR TO FINAL JUDGMENTS ON THE MERITS OF THE CASE

Question 1183

# 1 DEFENSE OF MISTAKE OF LAW

Answer 1183

1. MISTAKE OF LAW MAY NEVER ALTER AN ACT'S ILLEGALITY

Question 1184

# 2 ROUTINE STOP - VEHICLE - ALLOWED WHERE

Answer 1184

1. REASONABLE SUSPICION OF WRONGDOING 2. BASED ON OBJECTIVE STANDARD

Question 1185

# 1 MODERN OVERT ACT REQUIREMENT FOR ATTEMPT CRIME

Answer 1185

1. MODERNLY, MOST JURISIDCTIONS REQUIRE AN OVERT ACT BE COMMITTED IN FURTHERANCE OF THE CRIME.

Question 1186

# 5 EQUITABLE CONVERSION IN A LAND SALE CONTRACT OCCURS WHEN

Answer 1186

1. LAND SALE CONTRACT IS SIGNED 2. BUYER IS DEEMED OWNER OF REAL PROPERTY 3. RISK OF DAMAGE PASSES TO BUYER 4. UNLESS CONTRACT STATES OTHERWISE 5. OR STATE HAS A STATUTE TO A CONTRARY EFFECT

Question 1187

# 2 UNDER THE BEST EVIDENCE RULE, WHERE A WITNESS' KNOWLEDGE EXISTS SOLELY FROM A DOCUMENT, THAT DOCUMENT

Answer 1187

1. MUST BE ADMITTED 2. UNLESS THE ABSENCE OF THE DOCUMENT IS EXPLAINED OR EXCUSED

Question 1188

# 4 FRE 408 - STATEMENTS MADE DURING SETTLEMENT NEGOTIATIONS MAY BE ADMITTED TO SHOW

Answer 1188

1. BIAS 2. PREJUDICE 3. NEGATION OF CONTENTION OF UNDUE DELAY 4. OBSTRUCTION OF JUSTICE

Question 1189

# 2 MBE MISSED - INTERMEDIATE SCRUTINTY FOR CONTENT NEUTRAL FORMS OF SPEECH REQUIRES

Answer 1189

1. ORDINANCE IS NARROWLY TAILORED TO ACHIEVE AN IMPORTANT GOVERNMENT INTEREST 2. ALTERNATE CHANNELS OF COMMUNICATION FOR PLAINTIFF TO DISSEMINATE MESSAGE ARE LEFT OPEN

Question 1190

# 3 REMEDY FOR VOLUNTARY WASTE

Answer 1190

1. DIMINUTION IN VALUE 2. COST OF REPAIR 3. AND/OR INJUNCTION

Question 1191

# 2 WHEN MAY THE GOVERNMENT GRANT VARIANCE ON ZONING ORDINANCES?

Answer 1191

1. UNDUE HARDSHIP 2. VARIANCE WON'T WORK DETRIMENT TO SURROUNDING PROPERTY VALUES

Question 1192

# 3 LEGAL RESITUTION FOR BREACH OF CONTRACT AWARDED WHERE

Answer 1192

1. DEFENDANT DERIVED BENEFIT FROM PLAINTIFF 2. JUSTICE DEMANDS PLAINTIFF BE COMPENSATED FOR BENEFIT 3. OR PLAINTIFF WANTS HER PROPERTY BACK

Question 1193

# 1 CALIFORNIA MUST HOLD CASE MANAGMENT CONFERENCE WITHIN

Answer 1193

1. 180 DAYS OF FILING COMPLAINT

Question 1194

# 2 JUDGMENT AS A MATTER OF LAW - FEDERAL

Answer 1194

1. AT TRIAL 2. AFTER OPPOSING SIDE HAS PRESENTED ITS CASE 3. OTHER SIDE FILES JMOL MOTION 4. ARGUING INSUFFFICIENT EVIDENCE 5. TO ALLOW REASONABLE PEOPLE TO AGREE WITH OPPOSING SIDE'S CASE

Question 1195

# 1 RINGS GO ON YOUR

Answer 1195

FINGERS

Question 1196

# 5 FEE SIMPLE SUBJECT TO EXECUTORY LIMITATION

Answer 1196

1. **OWNERSHIP** - POTENIALLY INFINITE, SUBJECT TO OCCURENCE OF POSSIBLE EVENT 2. **TRANSFERABILITY** - ALIENABLE, DEVISABLE, DESCENDIBLE, SUBJECT TO CONDITION 3. **FUTURE INTEREST GRANTOR OWNS** - SHIFTING EXECUTORY INTEREST 4. **FUTURE INTEREST THIRD PARTY OWNS -** SPRINGING EXECUTORY INTEREST 5. **CREATED BY** - WORDS OF CONDITION

Question 1197

# 3 GROUNDS FOR CONTRACT REFORMATION

Answer 1197

1. MISREPRESENTATION 2. MUTUAL MISTAKE 3. UNILATERAL MISTAKE (NONMISTAKEN PARTY KNEW OR SHOULD HAVE KNOWN OF MISTAKE)

Question 1198

# 6 COMMON LAW STATUTE OF FRAUDS - REQUIRES WRITING TO MAKE CONTRACTS FOR THE FOLLOWING SUBJECT MATTERS LEGALLY BINDING

Answer 1198

1. MARRIAGE 2. CONTRACTS TAKING OVER A YEAR TO PERFORM 3. CONTRACTS INVOLVING LAND 4. EXECUTORY CONTRACTS 5. SALES OF GOODS IN EXCESS OF $500. 6. SURETY CONTRACTS

Question 1199

# 2 EXCITED UTTERANCE HEARSAY EXCEPTION

Answer 1199

1. STATEMENT RELATING TO STARTLING EVENT OR CONDTITION 2. MADE WHILE DECLARANT WAS UNDER STRESS OF EXCITEMENT CASUED BY EVENT OR CONDITION.

Question 1200

# 3 UNMARRIED COHABITANTS - METHODS COURTS USE TO ALLOCATE PROPERTY OF COHABITANTS

Answer 1200

1. CONTRACT PRINCIPALS 2. QUASI-CONTRACT 3. TRUSTS

Question 1201

# 1 DATE OF ACCEPTANCE OF DEED

Answer 1201

1. OCCURS ON THE DATE DEED DELIVERED INTO ESCROW UNLESS PARTIES EXPRESSLY AGREE OTHERWISE.

Question 1202

# 2 COMMINGLING RULES AND EQUITABLE LIENS

Answer 1202

1. PROPERTY NEED NOT BE TRACEABLE TO ITS ORIGINAL FORM 2. COMMINGLING OK

Question 1203

# 3 SEARCH WARRANT EXCEPTION - EXIGENT CIRCUMSTANCES

Answer 1203

1. IMMINENT INJURY TO PERSONS 2. IMMINENT DESTRUCTION OF EVIDENCE 3. HOT PURSUIT OF FLEEING FELON

Question 1204

# 2 LUCAS AND ANTI-LUCAS - DEATH VS. DIVORCE

Answer 1204

1. LUCAS APPLIES FOR DEATH 2. ANTI-LUCAS APPLIES TO DIVORCE

Question 1205

# 2 KEY DIFFERENCE BETWEEN AN EQUITABLE SERVITUDE AND A REAL COVENANANT

Answer 1205

1. SERVITUDE IS DESIGNED TO CREATE AN INJUNCTION TO ENFORCE THE SERVITUDE 2. REAL COVENANT IS DESIGNED TO CREATE AN AWARD OF MONEY DAMAGES FOR ITS BREACH

Question 1206

# 2 VICARIOUS LIABILITY FOR JOINT ENTERPRISES ARISES WHERE PARTIES

Answer 1206

1. AGREE TO WORK TOGETHER FOR MUTUAL BENEFIT 2. SHARING EQUAL CONTROL OVER JOINT ENTERPRISE'S ASSETS AND ACTIVITIES

Question 1207

# 1 EXPECTATION DAMAGES

Answer 1207

1. COMPENSATE PLAINTIFF FOR EXPECTED BENEFIT OF THE BARGAIN

Question 1208

# 2 MOOTNESS AND CLASS ACTIONS

Answer 1208

1. WHERE AT LEAST ONE CLASS MEMBER STILL HAS INJURY 2. CASE IS NOT MOOT

Question 1209

# 1 PLAINTIFF DEMAND FOR JURY TRIAL IN FEDERAL CASE MUST BE MADE NO LATER THAN

Answer 1209

1. 14 DAYS AFTER SERVICE OF LAST PLEADING RAISING A TRIABLE ISSUE OF FACT.

Question 1210

# 2 THE SOURCE RULE - TWO TRACING METHODS ALLOWED BY COURT

Answer 1210

1. EXHAUSTION METHOD 2. DIRECT TRACING

Question 1211

# 1 MODERNY LARCENY CODIFICATION

Answer 1211

1. MODERNLY, MANY JURISDICTIONS CODIFY LARCENY AS THEFT.

Question 1212

# 1 ADVERSE POSSESSION DEFINITION

Answer 1212

1. A MEANS OF TAKING TITLE TO REAL PROPERTY THROUGH THE OPERATION OF THE STATUTE OF LIMITATIONS FOR TRESPASS

Question 1213

# 1 FUTURE COVENANTS CONTAINED IN WARRANTY DEEDS ARE BREACHED WHEN

Answer 1213

1. THE GRANTEE IS DISTURBED IN POSSESSION

Question 1214

# 3 TORTS - WHO IS AN AGGRESSOR?

Answer 1214

1. PARTY WHO STARTS THE FRACAS 2. CONTINUES VIOLENCE DESPITE ATTEMPTED WITHDRAWAL 3. SERIOUSLY ESCALATES THE COMBAT

Question 1215

# 1 DOES LP CONTINUE TO EXIST DURING WINDING UP PERIOD?

Answer 1215

1. YES

Question 1216

# 4 EQUITY CLEAN UP DOCTRINE IN CA

Answer 1216

1. WHERE MAIN QUESTION OF CASE IS EQUITABLE 2. LEGAL FACTS ARE MERELY INCIDENTAL 3. JUDGE MAY HEAR WHOLE CASE 4. JURY WILL NOT BE REQUIRED.

Question 1217

# 3 CHARITABLE TRUST

Answer 1217

1. MADE FOR A CHARITABLE PURPOSE 2. MUST BENEFIT SOCIETY AT LARGE 3. WHERE PURPOSE FAILS - APPLY CY PRES DOCTRINE

Question 1218

# 2 FREEDOM OF ASSOCATION ONLY APPLIES TO ASSOCIATION WITH

Answer 1218

1. GROUPS AND ASSOCIATIONS PROTECTED BY FIRST AMENDMENT 2. NOT SOCIAL GROUPS

Question 1219

# 5 SUFFICIENT OFFER UNDER THE COMMON LAW

Answer 1219

1. AT COMMON LAW, AN OFFER IS SUFFICIENT WHERE IT SPECIFIES THE PARTIES 2. PRICE 3. SUBJECT MATTER 4. QUANTITY 5. TIME OF PERFORMANCE.

Question 1220

# 2 BUSINESS PARTHERSHIP - TITLED PROPERTY IS THE SEPARATE PROPERTY OF PARTNERS WHERE

Answer 1220

1. HELD IN INDIVIDUAL PARTNER'S NAMES 2. AND PURCHASED WITH INDIVIDUAL PARTNER'S FUNDS

Question 1221

# 3 SEC - MISAPPROPRIATORS

Answer 1221

1. BREACH A DUTY OF TRUST AND CONFIDENCE 2. OWED TO A SOURCE OF MATERIAL NON-PUBLIC CORPORATE INFORMATION 3. WHEN THEY MAKE A TRADE OF A SECURITY INSTRUMENT BASED ON THIS MATERIAL NON-PUBLIC CORPORATE INFORMATION

Question 1222

# 3 CA - DUTY OF ATTORNEY WHO LEARNS CLIENT IS GOING TO COMMIT CRIME OR FRAUD

Answer 1222

1. ACT TO DISSUADE CLIENT FROM COMMITTING CRIME OR FRAUD 2. WARN CLIENT THAT AUTHORITIES WILL BE TOLD IF CRIME OR FRAUD OCCURS 3. REPORT CRIME IF KNOWS OCCURRED

Question 1223

# 3 TRADITIONAL BASES FOR PERSONAL JURISDICTION

Answer 1223

1. DEFENDANT DOMICILED IN FORUM STATE 2. DEFENDANT CONSENTS TO JURISDICTION IN FORUM STATE 3. DEFENDANT SERVED IN FORUM STATE

Question 1224

# 1 REAL COVENANT - INTENT REQUIREMENT

Answer 1224

1. ORIGINAL CONVENANTING PARTIES MUST HAVE INTENDED SUCCESSORS-IN-INTEREST TO BE BOUND BY THE COVENANT.

Question 1225

# 2 CRIMINAL NEGLIGENCE

Answer 1225

1. CRIMINAL NEGLIGENCE IS A DELIBERATE GROSS DEVIATION FROM THE DUTY OF CARE 2. EXERCISED BY A REASONABLY PRUDENT PERSON.

Question 1226

# 1 KEEPIGN UNEARNED RETAINER FEES

Answer 1226

1. ATTORNEY MAY NOT KEEP UNEARNED RETAINER FEES

Question 1227

# 2 ROUTINE STOP - TRAFFIC CHECKPOINTS ARE OK WHERE THEY ARE

Answer 1227

1. TESTING FOR COMPLIANCE WITH DRIVING LAWS 2. USED FOR SPECIAL LAW ENFORCEMENT NEEDS

Question 1228

# 1 MBE MISSED - TO CONSTITUTE ANTICIPATORY REPUDIATION - REPUDIATING PARTY MUST

Answer 1228

1. UNEQUIVOCALLY INDICATE THAT HE WILL NOT PERFORM HIS OBLIGATIONS UNDER THE CONTRACT

Question 1229

# poop SUGAR

Answer 1229

IS BAD FOR YOU

Question 1230

# 2 THE REDLINE RULE

Answer 1230

1. UNDER THE REDLINE RULE THE DEFENDATN MAY NOT BE CHARGED FOR THE HOMICIDES OF CO-FELONS CAUSED BY VICTIMS, BYSTANDERS OR POLICE 2. DURING COMMISSION OF AN INHERENTLY DANGEROUS VIOLENT FELONY.

Question 1231

# 2 CORPORATION REQUIREMENTS TO BE SUBJECT TO 16B

Answer 1231

1. LISTED ON NATIONAL STOCK EXCHANGE 2. OR HAVE 10 MILLION MORE IN ASSETS AND AT LEAST 500 SHAREHOLDERS

Question 1232

# 1 ACTUAL PARTIAL EVICTION OCCURS WHERE

Answer 1232

1. LANDLORD MAKES IT PHYSICALLY IMPOSSIBLE TO OCCUPY PART OF THE PREMISES

Question 1233

# 1 FREE SPEECH REGULATION LIMITATION - VAGUENESS

Answer 1233

1. REASONABLE PERSON WOULD HAVE TO GUESS AT MEANING

Question 1234

# 3 SPECIAL CLASSIFICATIONS - PERSONAL INJURY - LIABILITY FOR TORTFEASOR SPOUSE WHO COMMITS TORT AGAINST SPOUSE

Answer 1234

1. TORTFEASOR SPOUSE'S SP MUST BE EXHAUSTED 2. BEFORE CP IS USED 3. TO DISCHARGE LIABILITY OF TORTFEASOR SPOUSE TO INNOCENT SPOUSE

Question 1235

# 1 FEE SUBJECT TO A CONDITION SUBJEQUENT - RIGHT GRANTOR OWNS IS

Answer 1235

1. RIGHT OF REENTRY

Question 1236

# 2 CAPACITY REQUIREMENTS OF AGENT

Answer 1236

1. MINIMAL CAPACITY (MENTAL HEALTH OK) 2. MINORS ARE OK

Question 1237

# 2 RIGHTS NOT INCORPORATED BY THE FOURTEENTH AMENDMENT

Answer 1237

1. SEVENTH AMENDMENT RIGHT TO JURY TRIAL IN CIVIL PROCEEDING 2. FIFTH AMENDMENT RIGHT TO INDICTMENT BY GRAND JURY

Question 1238

# 3 PERJURY IS THE CRIME OF

Answer 1238

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

Question 1239

# 3 SUBSTANTIVE DUE PROCESS LIMITS GOVERNMENT'S ABILITY TO REGULATE

Answer 1239

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

Question 1240

# 2 OFFER

Answer 1240

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

Question 1241

# 4 ELEMENTS OF ADVERSE POSSESSION

Answer 1241

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

Question 1242

# 1 REAL COVENANT - VERTICAL PRIVITY REQUIREMENT

Answer 1242

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

Question 1243

# 2 TAKINGS CLAUSE - PER SE TAKING OCCURS WHEN

Answer 1243

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

Question 1244

# 4 COMMON CARRIER DOCTRINE AND EMBEZZLEMENT

Answer 1244

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".

Question 1245

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

Answer 1245

1. SHARING JOINT REVENUE

Question 1246

# 3 CALIFORNIA REQUIREMENT FOR AFFIRMATIVE DEFENSES IN ANSWER - DEFENDANT MUST PROVIDE

Answer 1246

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

Question 1247

# 2 OBJECTION - CALLS FOR SPECULATION IS USED WHERE A QUESTION

Answer 1247

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

Question 1248

# 1 MALICIOUS MISCHIEF

Answer 1248

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

Question 1249

# 4 LIABILITY FOR INTERFERENCE WITH CONTRACT ARISES WHERE DEFENDANT

Answer 1249

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

Question 1250

# 4 WILL CONTRACTS - METHODS OF PROVING VALIDITY OF CONTRACT

Answer 1250

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**

Question 1251

# 3 MILLER TEST FOR OBSCENITY

Answer 1251

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

Question 1252

# 3 REVIVAL OF WILL

Answer 1252

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.

Question 1253

# 3 GRATUITOUS ASSIGNMENTS ARE REVOCABLE UNTIL

Answer 1253

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

Question 1254

# 1 PUBLIC RECORDS EXCEPTION AND CRIMINAL INVESTIGATION

Answer 1254

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

Question 1255

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

Answer 1255

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

Question 1256

# 3 COMMON LAW CONSPIRACY

Answer 1256

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

Question 1257

# 5 EXCEPTIONS TO ATTORNEY CLIENT PRIVILEGE

Answer 1257

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

Question 1258

# 4 CODICIL - ELEMENTS

Answer 1258

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

Question 1259

# 2 FIRST AMENDMENT FREEDOM OF ASSOCIATION

Answer 1259

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

Question 1260

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

Answer 1260

1. CONFRONTATION CLAUSE 2. OF THE SIXTH AMENDEMENT

Question 1261

# 2 FRAUD IN THE EXECUTION OCCURS WHEN TESTATOR IS UNAWARE

Answer 1261

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

Question 1262

# 4 AGENT'S DUTY OF LOYALTY - CONFLICT OF INTEREST PROHIBITIONS

Answer 1262

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

Question 1263

# 4 INVASION OF PRIVACY TORTS

Answer 1263

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

Question 1264

# 3 DEEP ROCK DOCTRINE

Answer 1264

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

Question 1265

# 3 DEED DELIVERY AND PASSING OF TITLE TO PROPERTY - TITLE PASSES

Answer 1265

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

Question 1266

# 1 PROPERTY ACQUIRED POST SEPARATION IS TREATED AS

Answer 1266

1. SEPARATE PROPERTY

Question 1267

# 2 INVOLUNTARY DISMISSAL MAY BE ORDERED BY THE COURT FOR

Answer 1267

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

Question 1268

# 3 FIDUCIARY DUTIES OF PARTNERS IN A LLP

Answer 1268

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

Question 1269

# 1 DUTY BASED ON PERIL ARISES WHERE DEFENDANT CREATES

Answer 1269

1. REASONABLY FORESEEABLE DANGER TO OTHERS

Question 1270

# 1 WATER RIGHTS - CIVIL LAW RULE

Answer 1270

1. OWNER HAS STRICT LIABILITY FOR INTERFERENCE WITH NATURAL WATERWAYS

Question 1271

# 4 COLLATERAL ESTOPPEL WILL APPLY WHERE

Answer 1271

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

Question 1272

# 2 TYPES OF SUPPLEMENTAL JURISDICTION

Answer 1272

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.

Question 1273

# 5 DISSOLUTION OF LLC A SPLIT AUTHORITY

Answer 1273

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

Question 1274

# 3 PERIODIC TENANCY - TERMINATION NOTICE REQUIREMENT

Answer 1274

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

Question 1275

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

Answer 1275

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

Question 1276

# 2 ABA - CONTINGENCY FEES NOT ALLOWED WHERE

Answer 1276

1. DIVORCE OR DOMESTIC RELATIONS 2. CRIMINAL

Question 1277

# 5 APPORTIONMENT PARAGRAPH FOR DIVISION OF SP BUSINESS ASSETS

Answer 1277

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.

Question 1278

# 2 DEFENSE OF SELF

Answer 1278

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

Question 1279

# 2 COMMON LAW SOLICITATION

Answer 1279

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

Question 1280

# 4 PRESENT RECOLLECTION REFRESHED

Answer 1280

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

Question 1281

# 2 MBE - DORMANT COMMERCE CLAUSE AND MARKET PARTICIPANT STATE EXCEPTION

Answer 1281

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

Question 1282

# 1 LIQUIDATED DAMAGES ARE AGREED TO BY

Answer 1282

1. STIPULATION IN THE CONTRACT

Question 1283

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

Answer 1283

1. A NECESSARY PARTY WHO MUST BE JOINED.

Question 1284

# 3 FREE SPEECH REGULATION LIMITATION - PRIOR RESTRAINT ONLY ALLOWED WHERE

Answer 1284

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

Question 1285

# 2 ADVERSE POSSESSION - CONTINUOUS REQUIREMENTS

Answer 1285

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.

Question 1286

# 3 TRANSFERRED INTENT

Answer 1286

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.

Question 1287

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

Answer 1287

1. TO DEFEND HIMSELF BASED ON AN UNREASONABLE BELIEF.

Question 1288

# 1 CONDITION PRECEDENT

Answer 1288

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

Question 1289

# 2 LANDLORD ELECTION FOR TENANCY AT SUFFERANCE

Answer 1289

1. LANDLORD MAY EVICT TENANT 2. OR LANDLORD MAY HOLDOVER TENANT FOR PERIODIC TENANCY

Question 1290

# 4 PARTNERSHIP RIGHTS TO PARTNERSHIP PROPERTY - PROPERTY AQUIRED BY THE PARTNERSHIP

Answer 1290

1. BELONGS TO THE PARTNERSHIP 2. IS NOT CO-OWNED BY PARTNERS 3. CANNOT BE TRANSFERRED BY PARTNERS 4. CAN ONLY BE USED FOR PARTNERSHIP

Question 1291

# 1 UNILATERAL AGREEMENT AS EVIDENCE OF CONSPIRACY AND MPC

Answer 1291

1. UNDER THE MPC, A UNILATERAL ACT MAY ALSO SUPPORT A CONSPIRACY CHARGE.

Question 1292

# 2 LAWS AGAINST DISCRIMINATORY GROUPS ARE OK UNLESS

Answer 1292

1. INTERFERENCE W/INTIMATE ASSOCIATIONS 2. INTERFERENCE WITH EXPRESSIVE ACTIVITY

Question 1293

# 2 ESTABLISHMENT CLAUSE - SECULAR PURPOSE TEST - DOES THE LAW

Answer 1293

1. HAVE A PRIMARILY SECULAR EFFECT? 2. NOT FOSTER GOVERNMENT ENTANGLEMENT WITH RELIGION?

Question 1294

# 3 EFFECT OF ANTICIPATORY BREACH ON PARTIES' PERFORMANCE DUTIES .

Answer 1294

1. NON BREACHING PARTY IS EXCUSED FROM PERFORMANCE 2. BREACHING PARTY'S PERFORMANCE DUTIES ARE ACCELERATED TO THE PRESENT 3. SO NON-BREACHING PARTY MAY IMMEDIATELY SEEK DAMAGES

Question 1295

# 2 WHO CAN USE COLLATERAL ESTOPPEL

Answer 1295

1. FED - MUTUALITY REQUIRED (PARTY OR PRIVY TO FORMER CASE) 2. CA - STRANGERS ALLOWED.

Question 1296

# 2 DE FACTO CORPORATION IS CREATED BY A

Answer 1296

1. GOOD FAITH BUT UNSUCCESSFUL ATTEMPT TO INCORPORATE 2. UNDER A VALID INCORPORATION STATUTE

Question 1297

# 7 WILL PARAGRAPH WHY DID EVERYBODY VALIDATE THE CRAPPY FART??

Answer 1297

1. A WILL IS A WRITTEN INSTRUMENT 2. DICTATING HOW A PERSON'S ESTATE IS TO BE DISTRIBUTED UPON DEATH. 3. EFFECTIVE UPON THE DEATH OF ITS AUTHOR, THE TESTATOR. 4. FOR A WILL TO BE VALID, THERE MUST BE 5. PRESENT TESTAMENTARY INTENT, 6. CAPACITY. 7. AND IT MUST ALSO MEET ALL REQUIRED FORMALITIES.

Question 1298

# 2 DEFENSE TO SPECIFIC PERFORMANCE - HARDSHIP/SHARP PRACTICES

Answer 1298

1. UNEVEN BARGAINING POWER 2. CONSIDERATION SO DISPROPORTIONATE IT WOULD SHOCK THE CONSCIENCE

Question 1299

# 2 ACCORD AND SATISFACTION IS WHAT KIND OF AGREEMENT?

Answer 1299

1. A BINDING AGREEMENT BETWEEN PARTIES 2. TO SETTLE ONE'S ORIGINAL, GOOD FAITH CLAIM AGAINST THE OTHER PARTY FOR BREACH.

Question 1300

# 4 STOCK PRICES

Answer 1300

1. PAR VALUE IS SET MINIMUM PRICE AT ISSUANCE AND STOCK MAY NOT BE SOLD FOR LESS THAN THIS. 2. NO PAR IS NO MINIMUM PRICE FOR STOCK. 3. TREASURY STOCK IS PREVIOUSLY ISSUED AND REAQUIRED AND MAY BE TREATED AS NO PAR. 4. MODERNLY, MOSTLY OBSOLETE. CALIFORNIA DOESN'T REQUIRE PAR VALUE.

Question 1301

# 1 MBE MISSED - THE POWER TO PROSECUTE BELONGS EXCLUSIVELY TO THIS BRANCH OF GOVERNMENT

Answer 1301

1. THE EXECUTIVE BRANCH

Question 1302

# 2 FEDERAL VENUE IS PROPER IN THE THE DISTRICT WHERE

Answer 1302

1. INJURY OCCURRED 2. LAND IN DISPUTE IS LOCATED

Question 1303

# 1 TAKINGS CLAUSE

Answer 1303

1. PRIVATE PROPERTY CAN'T BE TAKEN FOR PUBLIC USE WITHOUT JUST COMPENSATION

Question 1304

# 3 PUNITIVE DAMAGES ONLY AWARDED WHERE DEFENDANT ACTED WITH

Answer 1304

1. MALICE 2. OPPRESSION 3. OR FRAUD

Question 1305

# 3 AGENT'S REMEDIES FOR PRINCIPAL'S BREACH

Answer 1305

1. TERMINATE AGENCY RELATIONSHIP 2. CONTRACT DAMAGES FOR BREACH 3. POSSESSORY LIEN FOR MONEY DUE

Question 1306

# 2 MBE - USE OF IMPEACHMENT EVIDENCE OT IMPEACH THE CREDIBILITY OF THE TESTIFYING CHARACTER WITNESS

Answer 1306

1. A CHARACTER WITNESS' CREDIBILITY MAY BE IMPEACHED BY USING SPECIFIC INSTANCES 2. TO SHOW THE WITNESS' ASSESSMENT OF CHARACTER IS NOT CREDIBLE

Question 1307

# 6 SPECIFIC PERFORMANCE REQUIREMENTS FOR BREACH OF LAND SALE CONTRACT (CHOCOLATE CHEESECAKE IS MY FAVORITE DESSERT)

Answer 1307

1. VALID CONTRACT WITH CERTAIN TERMS CAPABLE OF ENFORCEMENT 2. CONDITIONS ON PLAINTIFF HAVE BEEN MET 3. INADEQUATE REMEDY AT LAW 4. MUTUALITY OF PERFORMANCE 5. FEASIBILITY OF ENFORCEMENT 6. NO AVAILABLE DEFENSES FOR BREACHING PARTY

Question 1308

# 2 APPROPRIATION OF LIKENESS TORT - LIABILITY ARISES WHERE

Answer 1308

1. DEFENDANT USES PLAINTIFF'S NAME, VOICE, OR LIKENESS FOR COMMERCIAL OR POLITICAL PURPOSES 2. AND DOES SO WITHOUT PLAINTIFF'S AUTHORIZATION

Question 1309

# 1 RIGHT OF REENTRY - FUTURE INTEREST CONVEYED BY

Answer 1309

1. FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT

Question 1310

# 3 SPECIAL CLASSIFICATIONS - LIFE INSURANCE - DEVISE OF BENEFITS

Answer 1310

1. WHERE POLICY IS CP 2. DECEDENT MAY ONLY DEVISE 1/2 INTEREST TO BENEFICIARY OTHER THAN SPOUSE 3. WITHOUT SPOUSE'S WRITTEN CONSENT

Question 1311

# 2 ESTOPPEL - GROUNDS FOR CLAIM OF PUTATIVE SPOUSE

Answer 1311

1. PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID 2. OR PARTY MAKING ASSERTION KNEW MARRIAGE WAS INVALID AND TREATED IT LIKE IT WAS VALID

Question 1312

# 3 DEFENSE OF CONSENT - DEFENDANT MAY RAISE DEFENSE OF CONSENT TO ACTS

Answer 1312

1. NOT CAUSING SERIOUS BODILY HARM OR DEATH 2. CONSENTED TO BY FULLY INFORMED ADULT 3. WITH LEGAL CAPACITY TO CONSENT.

Question 1313

# 2 RIGHTS OF BREACHING SELLER WHO GIVES NOTICE OF INTENT TO CURE IMPROPER TENDER UNDER THE UCC

Answer 1313

1. ABSOLUTE RIGHT TO CURE WITHIN THE CONTRACT PERIOD 2. AND REASONABLE EXTRA PERIOD OF IF NONCONFORMING GOODS WERE SHIPPED WITH A REASONABLE BELIEF OF THEIR SATISFACTORY NATURE.

Question 1314

# 2 MATERIAL BREACH OF LEASE REMEDY OPTIONS

Answer 1314

1. SEEK EVICTION THROUGH COURTS 2. TERMINATE LEASE AND SUE FOR DAMAGES

Question 1315

# 3 ROBBERY

Answer 1315

1. ROBBERY IS A SPECIFIC INTENT CRIME 2. ACCOMPLISTED WHEN DEFENDANT USES FORCE OR FEAR OF FORCE SUFFICIENT TO OVERCOME VICTIM'S WILL 3. TO ACHIEVE A LARCENY.

Question 1316

# 2 USING FORCE IN EVICTION

Answer 1316

1. AT COMMON LAW, REASONABLE FORCE WAS OK TO EVICT TENANT 2. MODERNLY, MUST USE COURTS. NO MANUAL EVICTION.

Question 1317

# 2 SPOUSE MANAGEMENT AND CONTROL OF PERSONAL PROPERTY - OTHER SPOUSE'S WRITTEN CONSENT NEEDED WHERE COMMUNITY PERSONAL PROPERTY IS

Answer 1317

1. GIFTED 2. DISPOSED FOR LESS THAN FAIR AND REASONABLE VALUE

Question 1318

# 3 REMEDIES FOR ENCROACHMENT

Answer 1318

1. DAMAGES 2. EJECTMENT 3. INJUNCTION

Question 1319

# 1 CORPORATE BOND HOLDER HAS RIGHT TO RECIEVE

Answer 1319

1. PAYMENTS PER INDENTURE AGREEMENT

Question 1320

# 2 SHAREHOLDER RIGHTS - SHAREHOLDERS WHO DISSENT FROM A PROPOSED FUNDAMENTAL CORPORATE CHANGE

Answer 1320

1. MAY HAVE RIGHT TO DEMAND CORP PURCHASE THEIR SHARES 2. AT FAIR MARKET VALUE

Question 1321

# 3 SUPERSEDING INTERVENING EVENT

Answer 1321

1. UNFORESEEABLE EVENT 2. BREAKING CHAIN OF CAUSATION 3. BECOMES NEW PROXIMATE CAUSE

Question 1322

# 2 PUBLIC NECESSITY TO PROTECT PROPERTY OF OTHERS CREATES

Answer 1322

1. ABSOLUTE PRIVILEGE 2. FOR REASONABLE ACTS

Question 1323

# 1 CALIFORNIA - MOTION TO SET ASIDE JUDGMENT BASED ON ERROR/MISTAKE/SURPRISE MUST BE FILED WITHIN

Answer 1323

1. SIX MONTHS

Question 1324

# 3 MORTGAGE - ELEMENTS

Answer 1324

1. CONVEYANCE OF A SECURITY INTEREST 2. IN LAND INTENDED BY THE PARTIES TO BE COLLATERAL 3. FOR THE REPAYMENT OF A FINANCIAL OBLIGATION

Question 1325

# 7 DEFENSES TO FAILURE TO PAY RENT

Answer 1325

1. FAILURE TO DELIVER POSSESSION 2. BREACH OF COVENANT OF QUIET ENJOYMENT 3. CONSTRUCTIVE EVICTION 4. **NO FAULT DESTRUCTION OF PREMISES** 5. CONTRACT DEFENSES 6. **SURRENDER OF PREMISES ACCEPTED BY LANDLORD** 7. **RELETTING OF PREMISES BY LANDLORD**

Question 1326

# 5 LANDLORD/TENANT QUESTIONS/ORDER OF ESSAY APPROACH

Answer 1326

1. INTRO SENTENCE 2. TENANT STRING 3. LANDLORD STRING 4. DEFENSES TO PAYMENT OF RENT 5. EXPRESS REAL COVENANTS (IF APPLICABLE)

Question 1327

# 2 CHEESE IS

Answer 1327

1. GOOD 2. WORTHWHILE

Question 1328

# 3 POUR OVER WILL - VALIDITY REQUIREMENTS

Answer 1328

1. WILL IDENTIFIES INTER VIVOS TRUST 2. TERMS OF INTER VIVOS TRUST ARE SET FORTH IN INSTRUMENT BESIDES WILL 3. INTER VIVOS TRUST WAS EXECUTED CONCURRENTLY OR BEFORE WILL EXECUTION

Question 1329

# 1 NONBREACHING SELLER'S AVAILABLE RECOVERY OF INCIDENTAL DAMAGES UNDER THE UCC

Answer 1329

1. NONBREACHING SELLER MAY RECOVER COMMERCIALLY REASONABLE EXPENSES INCURRED BY THE BUYER'S BREACH

Question 1330

# 3 STRUCTURE OF LIMITED PARTNERSHIP

Answer 1330

1. TWO TIERED PARTNERSHIP STRUCTURE 2. AT LEAST ONE GENERAL PARTNER 3. AT LEAST ONE LIMITED PARTNER

Question 1331

# 1 MBE MISSED - FREE EXERCISE CLAUSE - COURTS WILL UPHOLD A FACIALLY NEUTRAL ACT UNLESS IT WAS INTENDED TO

Answer 1331

1. TARGET THE PRACTICES OF A SPECIFIC RELIGIOUS GROUP.

Question 1332

# 1 DURATION OF OBLIGATION TO REPORT CLIENT PERJURY

Answer 1332

1. DURATION OF CASE THROUGH APPEAL

Question 1333

# 1 REMEDY FOR SUBAGENT'S BREACH

Answer 1333

1. AGENT IS LIABLE TO PRINCIPAL FOR SUBAGENT'S BREACH

Question 1334

# 4 CEC 252 - COURT HAS RIGHT TO ORDER EXCLUSION OF EVIDENCE WHERE PROBATIVE VALUE IS OUTWEIGHED BY

Answer 1334

1. UNFAIR PREJUDICE 2. CONFUSION OF THE ISSUES 3. MISLEADING JURY 4. WASTING TIME

Question 1335

# 1 WITHDRAWAL REQUIREMENT ONCE CASE IS IN ACTIVE LITIGATION

Answer 1335

1. COURT APPROVAL

Question 1336

# 4 SOLICITATION LETTERS MUST CONTAIN AND/OR BE

Answer 1336

1. ATTORNEYS NAME 2. IF A FIRM, NAME OF ONE OF THE ATTORNEYS 3. RELATABLE CONTACT INFORMATION 4. ACCURATE AND FAIR

Question 1337

# 3 COUNTERCLAIM DEFINITION

Answer 1337

1. OFFENSIVE CLAIM 2. FILED AGAINST AN OPPOSING PARTY 3. IN FEDERAL COURT

Question 1338

# 3 SPECIAL CLASSIFICATIONS - SEVERANCE PAY

Answer 1338

1. CP WHERE REPLACING EARNING DURING THE MARRIAGE 2. OR ENHANCE RETIREMENT DURING MARRIAGE 3. SP WHERE GIVEN TO REPLACE FUTURE EARNINGS

Question 1339

# 2 QUITCLAIM DEED

Answer 1339

1. CONVEYS WHATEVER INTEREST GRANTOR ACTUALLY HAS IN TITLE 2. CONTAINS NO COVENANTS OF TITLE

Question 1340

# 2 PUNITIVE DAMAGES

Answer 1340

1. NOT AWARDED FOR BREACH 2. UNLESS RELATED TO AN INDEPENDENT TORT

Question 1341

# 3 ADEQUATE PROVOCATION

Answer 1341

1. ADQUATE PROVOCATION IS PROVOCATION SUFFICIENT TO RAISE A REASONABLE PERSON TO MURDEROUS RAGE 2. THAT DID BRING THE DEFENDANT TO A MURDEROUS RAGE 3. THAT WAS THE ACTUAL CAUSE OF THE HOMICIDE.

Question 1342

# 2 NOMINAL DAMAGES FOR CONTRACT BREACH

Answer 1342

1. DECLARATION THAT CONTRACT WAS BREACHED 2. PLAINTIFF DID NOT SUFFER ACTUAL LOSS FROM BREACH

Question 1343

# 2 WHEN AN ATTORNEY-CLIENT RELATIONSHIP IS FORMED

Answer 1343

1. WHEN A POTENTIAL CLIENT APPROACHES A LAWYER ABOUT POSSIBLE REPRESENTATION 2. EVEN WHEN NEVER RETAINS LAWYER

Question 1344

# 3 MBE MISSED - EXPERT TESTIMONY IS NECESSARY TO ASSIST THE TRIER OF FACT WHERE COURT DETERMINES

Answer 1344

1. SCIENTIFIC 2. TECHNICAL 3. OR OTHER SPECIALIZED KNOWLEDGE IS NEEEDED

Question 1345

# 4 EQUAL PROTECT CLAUSE - NON SUSPECT CLASSIFICATIONS

Answer 1345

1. ECONOMIC WELFARE 2. AGE 3. CRIMINAL BACKGROUND 4. EVERYTHING ELSE

Question 1346

# 2 DEFENDANT HAS **VICARIOUS LIABILITY** FOR THE TORTS OF INDEPENDENT CONTRACTORS ARISES WHERE

Answer 1346

TORTS WERE BREACH OF AN AFFIRMATIVE NON-DELEGABLE DUTY CREATED BY STATUTE OR RELATIONSHIP

Question 1347

# 2 CALIFORNIA CLASS ACTION ALLOWED WHERE:

Answer 1347

1. THERE IS AN ASCERTAINABLE CLASS 2. THERE IS A WELL DEFINED COMMUNITY OF INTEREST AMONG CLASS MEMBERS.

Question 1348

# 1 DRUG SMELLING DOGS ARE OK AND NOT VIOLATIVE OF FOURTH AMENDMENT WHERE USED IN

Answer 1348

1. TRAFFIC STOPS

Question 1349

# 2 WHAT IS THE DIFFERENCE BETWEEN FALSE PRETENSE CRIME AND LARCENY BY TRICK?

Answer 1349

1. LARCENY BY TRICK IS TO OBTAIN POSSESSION 2. FALSE PRETENSES CRIME IS TO OBTAIN TITLE.

Question 1350

# 3 CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATE IS MARKET PARTICIPANT - STATE PREFERENCE TO CITIZENS MAY BE SHOWN IN

Answer 1350

1. BUYING OR SELLING STATE MADE GOODS 2. GRANTING SUBSIDIES TO STATE CITIZENS 3. HIRING STATE CITIZEN LABOR

Question 1351

# 2 VENUE IS PROPER WHERE CLAIM AROSE - CALIFORNIA

Answer 1351

1. COUNTY WHERE CLAIM AROSE 2. COUNTY WHERE LAND IN DISPUTE IS LOCATED

Question 1352

# 2 LIABILITY OF INCOMING PARTNERS

Answer 1352

1. NEW PARTNERS ARE **NOT** LIABLE FOR OLD DEBTS 2. NEW PARTNER'S CAPITAL INVESTMENT **CAN** BE USED TO PAY FOR OLD DEBTS

Question 1353

# 3 REMAINDERMEN'S RIGHTS AND DUTIES

Answer 1353

1. RECEIVE PRINCIPAL FROM NET PROCEEDS OF AN ASSET'S SALE 2. PAY PRINCIPAL PART OF LOANS 3. PAY FOR MAJOR REPAIRS

Question 1354

# 6 COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE'S SEPARATE PROPERTY - BUSINESS - PEREIRA FORMULA (PSP)

Answer 1354

1. START WITH ORIGINAL SP INVESTMENT 2. MULTIPLY BY FAIR RATE OF RETURN (10 PERCENT) 3. MULTIPLY THIS NUMBER BY THE NUMBER OF YEARS THE INVESTMENT HELD WHILE MARRIED 4. ADD THIS NUMBER TO ORIGINAL SP INVESTMENT 5. RESULT IS SEPARATE PROPERTY 6. SUBTRACT RESULT FROM VALUE OF BUSINESS AT DISSOLUTION AND THIS RESULT IS COMMUNITY PROPERTY

Question 1355

# 2 IMPLIED COVENANTS OF LAND SALE CONTRACT - SELLER PROMISES TO:

Answer 1355

1. **PROVIDE MARKETABLE TITLE** AT THE END OF CLOSING 2. NOT MAKE ANY **FALSE STATEMENT OF MATERIAL FACT** REGARDING TITLE

Question 1356

# 3 PUBLIC RECORDS EXCEPTION APPLY TO - OAF

Answer 1356

1. **OBSERVATIONS** OF PUBLIC OFFICIAL 2. **ACTIVITIES** OF OFFICE OR AGENCY 3. **FACTUAL FINDING**S FROM OFFICIAL **INVESTIGATION**.

Question 1357

# 3 LIABILITY FOR FALSE LIGHT TORT ARISES WHERE DEFENDANT

Answer 1357

1. PUBLISHES OFFENSIVE FALSE INFORMATION ABOUT PLAINTIFF 2. TO PUBLIC AT LARGE 3. CAUSING PLAINTIFF HUMILIATION OR EMBARASSMENT

Question 1358

# 6 ORDER OF GIFT ABATEMENT - FIRST ABATED TO LAST ABATED

Answer 1358

1. PROPERTY NOT DISPOSED OF IN WILL 2. RESIDUARY GIFTS 3. GENERAL GIFTS TO NONRELATIVES 4. GENERAL GIFTS TO RELATIVES 5. SPECIFIC GIFTS TO NONRELATIVES 6. SPECIFIC GIFTS TO RELATIVES

Question 1359

# 1 THE CAPITAL OF WYOMING IS

Answer 1359

CHEYENNE

Question 1360

# 2 DUTY OF TRADING INSIDER

Answer 1360

1. DISCLOSE MATERIAL NON-PUBLIC INFO 2. OR REFRAIN FROM TRADING

Question 1361

# 3 SPECIAL CLASSIFICATIONS - BONUSES

Answer 1361

1. BASED ON WHEN EARNED 2. EARNED AFTER SEPARATION - SP 3. EARNED DURING MARRIAGE - CP

Question 1362

# 2 RELIANCE DAMAGES AWARD PLAINTIFF THE COST

Answer 1362

1. OF HIS PERFORMANCE

Question 1363

# 2 REMAND TIMING REQUIREMENTS

Answer 1363

1. PLAINTIFF MUST FILE W/IN 30 DAYS OF NOTICE OF REMOVAL FOR A DEFECT BESIDE NO SMJ 2. FOR SMJ DEFECT, REMAND IS OK AT ANY TIME

Question 1364

# 3 TYPES OF NOTICE FOR RECORDING ACT STATUTES

Answer 1364

1. ACTUAL 2. CONSTRUCTIVE/RECORD 3. INQUIRY

Question 1365

# 1 OBJECTION - CALLS FOR A LEGAL CONCLUSION IS USED WHERE THE WITNESS IS ASKED

Answer 1365

1. TO STATE AN OPINION ABOUT ONE OF THE LEGAL MATTERS TO BE DECIDED IN THE CASE

Question 1366

# 1 ANCIENT DOCUMENTS HEARSAY EXCEPTION

Answer 1366

1. WHERE DOCUMENTS ARE TWENTY YEARS OLD OR OLDER.

Question 1367

# 3 ADVERSE POSSESSION - OPEN AND NOTORIOUS REQUIREMENTS - OCCUPATION MUST BE

Answer 1367

1. SUFFICIENTLY APPARENT OR VISIBLE 2. SUFFICIENT TO PUT THE TRUE OWNER OF PROPERTY 3. ON NOTICE OF TRESPASS

Question 1368

# 4 SLANDER PER SE WHERE DEFENDANT MAKES AN ORAL, TRANSITORY FALSE STATEMENT ABOUT PLAINTIFF'S

Answer 1368

1. CRIMINAL BEHAVIOR 2. UNCHASTE BEHAVIOR 3. IMPROPER BUSINESS PRACTICES 4. INFECTION BY LOATHSOME DISEASE

Question 1369

# 4 A WITNESS IS COMPETENT TO TESTIFY WHERE SHE HAS

Answer 1369

1. PERSONAL KNOWLEDGE 2. PRESENT RECOLLECTION 3. THE ABILITY TO COMMUNICATE 4. UNDERSTANDING OF HER LEGAL DUTY TO TELL THE TRUTY

Question 1370

# 2 SHAREHOLDER - CREATION OF A PROXY

Answer 1370

1. SHAREHOLDER ISSUES A SIGNED WRITING 2. TO HAVE ANOTHER VOTE ON HIS/HER BEHALF

Question 1371

# 2 MBE MISSED - PRODUCT LIABILTY - A MANUFACTURER IS OBLIGATED TO TAKE ALL OF THESE STEPS TO MAKE PRODUCT SAFE

Answer 1371

1. REASONABLE 2. COST EFFECTIVE

Question 1372

# 2 PROPER VENUE BASED ON WHERE DEFENDANT RESIDES - CALIFORNIA

Answer 1372

1. ANY COUNTY WHERE DEFENDANT RESIDES AT THE TIME OF FILING 2. IF NO DEFENDANT RESIDES IN CALIFORNIA, ANY COUNTY IS OK.

Question 1373

# 2 CALIFORNIA ANTI-SLAPP BURDEN OF PROOF REQUIREMENTS

Answer 1373

1. BURDEN OF PROOF SHIFTS TO PLAINTIFF 2. WHO MUST PROVE THE PROVE THE PROBABLITY OF WINNING SPEECH CHILLING LAWSUIT CASE ON ON ITS THE MERITS

Question 1374

# 2 CONGRESSIONAL POWER - RIGHT TO CONDITION FUNDING LIMITS

Answer 1374

1. MUST NOT BE EXCESSIVELY COERCIVE 2. CONDITIONS MUST NOT BE AMBIGUOUS

Question 1375

# 5 SP EXPENDITURES MADE TO BENEFIT CP REAL PROPERTY - LUCAS

Answer 1375

1. PRE 1984 2. OR AFTER DEATH 3. PROPERTY HELD JOINTLY PRESUMED CP 4. UNLESS AGREEMENT TO CONTRARY 5. NO REIMBURSEMENT OF SP USED FOR CP

Question 1376

# 4 MBE MISSED - STATUTE OF FRAUDS REQUIREMENT IS SATISFIED WHERE A MEMORANDUM

Answer 1376

1. IDENTIFIES THE SUBJECT MATTER 2. INDICATES A CONTRACT HAS BEEN MADE 3. STATES THE ESSENTIAL TERMS OF THE CONTRACT 4. SIGNED BY OR ON BEHALF OF PARTY TO BE CHARGED

Question 1377

# 1 SOCKS GO ON YOUR

Answer 1377

FEET

Question 1378

# 2 AN INTENTIONAL ACT IS AN ACT DONE WITH

Answer 1378

1. REASONABLE CERTAINTY IT WILL CAUSE A RESULT 2. OR DONE PURPOSELY FOR CAUSING A RESULT

Question 1379

# 5 NONWAIVABLE RUPA PROVISIONS - PARTNERSHIP AGREEMENT'S CAN'T

Answer 1379

1. WAIVE FIDCUIARY DUTIES 2. RESTRICT THIRD PARTY RIGHTS 3. AFFECT COURT'S POWER OVER PARTNERSHIP 4. AFFECT LAW 5. PREVENT A PARTNER FROM DISASSOCIATING (WITH NOTICE)

Question 1380

# 5 COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE'S SEPARATE PROPERTY - BUSINESS - VAN CAMP FORMULA

Answer 1380

1. START SALARY FOR SPOUSE (REASONABLE MARKET RATE) 2. MULTIPLY THIS BY YEARS BUSINESS OPERATED DURING MARRIAGE 3. DEDUCT COMMUNITY EXPENSES PAID WITH BUSINESS FUNDS 4. RESULT IS COMMUNITY PROPERTY 5. REMAINDER IS MANAGING SPOUSE'S SEPARATE PROPERTY

Question 1381

# 2 OBJECTION - CALLS FOR A NARRTIVE IS USED WHERE THE WITNESS IS ASKED A QUESTION

Answer 1381

1. ON DIRECT EXAMATION 2. INVITING A NARRATIVE RESPONSE

Question 1382

# 3 FEDERAL CLASS ACTIONS MUST BE ONE OF THESE THREE TYPES

Answer 1382

1. **QUESTIONS OF LAW COMMON TO CLASS PREDOMINATE** OVER QUESTIONS OF LAW AFFECTING INDIVIDUALS 2. PREJUDICE MAY OCCUR WITH **INCONSISTENT RESULTS** OR WHEN AVAILABLE FUNDS ARE **DEPLETED BY INDIVIDUALS** 3. I**NJUNCTIVE RELIEF** IS SOUGHT

Question 1383

# 3 MBE - PROBABLE CAUSE FOR SEARCH WARRANT AND STALE INFORMATION

Answer 1383

1. WHERE INFORMATION IS STALE, 2. THE LIKELIHOOD OF SOUGHT AFTER ITEMS BEING ON PREMISES IS LOWER 3. THUS DIMINISHING PROBABLE CAUSE

Question 1384

# 3 MATERIAL CONDITION

Answer 1384

1. A CONDITION THAT MUST BE SATISFIED BEFORE A PERFORMANCE DUTY RIPENS 2. FAILURE OF WHICH WILL GENERALLY DENY ONE OR ALL OF THE PARTIES' EXPECTED BENEFIT OF THE BARGAIN 3. EXCUSING THEM FROM PERFORMANCE.

Question 1385

# 3 DUTY OF DILIGENCE/ZEALOUS REPRESENTATION

Answer 1385

1. ADVOCATE CLIENT'S CASE TO COMPLETION SO IT DOES NOT LANGUISH IN COURT 2. THOROUGHLY INVESTIGATE FACTS 3. LOCATE RELEVANT WITNESSES WHO SUPPORT CLIENT'S CASE

Question 1386

# 3 DUTY OF DUE CARE OF TRUSTEE -ELEMENTS

Answer 1386

1. DUTY TO INVESTIGATE INVESTIMENTS 2. DUTY TO DIVERSIFY INVESTMENTS 3. DUTY TO ACT AS A REASONABLY PRUDENT PERSON WOULD IN HIS OWN AFFAIRS

Question 1387

# 3 COMMUNITY PROPERTY ESSAY STRUCTURE (ROTH'S)

Answer 1387

1. INTRO 2. GENERAL RULES 3. ASSETS

Question 1388

# 1 LIABLITY IS CREATED BY AGENT'S USE OF ACTUAL IMPLIED AUTHORITY WHEN

Answer 1388

1. THIRD PARTY REASONABLY RELIES ON IMPLICATION

Question 1389

# 2 EIGHTH AMENDMENT - CRUEL AND UNUSUAL PUNISHMENT AND CAPITAL PUNISHMENT - CAN'T PUT TO DEATH SOMEONE

Answer 1389

1. WHO AT LEAST ONE JUROR FINDS TO BE MENTALLY RETARDED 2. WHO IS A MINOR AT THE TIME THE CRIME IS COMMITTED.

Question 1390

# 4 GLOVES GO ON

Answer 1390

HANDS

Question 1391

# 3 QUASI-CONTRACT OR IMPLIED-IN-LAW-CONTRACT

Answer 1391

1. NO LEGAL CONTRACT EXISTED 2. DEFENDANT DERIVED A BENEFIT FROM PLAINTIFF 3. JUSTICE DEMANDS DEFENDANT COMPENSATE PLAINTIFF FOR BENEFIT

Question 1392

# 4 PRIORITY OF DISTRIBUTION OF LIMITED PARTNERSHIP ASSETS UPON DISSOLUTION

Answer 1392

1. CREDITORS 2. DISTRIBUTIONS OWED 3. CAPITAL CONTRIBUTIONS 4. SHARES ALLOCATED PARTNERS AS PER PARTNERSHIP AGREEMENT

Question 1393

# 1 MAYHEM

Answer 1393

1. MAYHEM IS THE CRIME OF MALICIOUSLY DISMEMBERING OR DISFIGURING VICTIM.

Question 1394

# 3 CONSTRUCTIVE BREAKING FOR BURGLARY OCCURS WHEN ENTRY IS ACCOMPLISHED BY

Answer 1394

1. THREAT OF VIOLENCE OR 2. AID OF CO-CONSPIRATOR OR 3. TRICKERY

Question 1395

# 1 MBE MISSED - AN OUT OF COURT STATEMENT OFFERED FOR PROOF OF THE MATTER ASSERTED (HEARSAY) MAY COME IN UNDER THIS MANY EXCEPTIONS

Answer 1395

1. ONE TO HOWEVER MANY EXCEPTIONS APPLY

Question 1396

# 1 WHERE REVOCATION OF SUBSEQUENT WILL OCCURED BY PHYSICAL ACT - INTENT TO REVIVE PRIOR WILL MAY BE SHOWN BY THIS TYPE OF EVIDENCE

Answer 1396

1. EXTRINSIC EVIDENCE

Question 1397

# 3 LIABILITY ARISES UNDER RESPONDEAT SUPERIOR OUTSIDE OF SCOPE OF EMPLOYMENT WHERE

Answer 1397

1. JOB ENTAILS USE OF FORCE 2. EMPLOYER AUTHORIZE CONDUCT 3. CONDUCT MOTIVATED BY DESIRE TO BENEFIT EMPLOYER

Question 1398

# 1 POUR OVER WILL VALUE LIMIT IN CALIFORNIA

Answer 1398

1. 100,000

Question 1399

# 4 SOLICITATION - ATTORNEYS MAY SEND

Answer 1399

1. LETTERS 2. CARDS 3. ANNOUNCEMENTS 4. TO PEOPLE IN HIS AREA OF PRACTICE

Question 1400

# 4 PAYMENTS TO WITNESSES GUIDELINES

Answer 1400

1. REIMBURSEMENT OF REASONABLE TRANSPORTATION, LOST WAGES AND ACCOMODATION OK 2. REIMBURSEMENT CAN'T BE CONTINGENT ON HELPFULNESS OF TESTIMONY 3. NO CONTINGENT PAYMENT OF AWARD 4. EXPERT FEES OK

Question 1401

# 2 AN AWARD OF LIQUIDATED DAMAGES IS APPROPRIATE WHERE

Answer 1401

1. DAMAGES WERE DIFFICULT TO CALCULATE 2. STIPULATED AMOUNT BEARS A REASONABLE RELATIONSHIP TO THE ANTICIPATED LOSS

Question 1402

# 3 CLASS ACTION FAIRNESS ACT ALLOWS FEDERAL COURT TO HEAR A CLASS ACTION CASE WHERE ALL OF OF THESE REQUIREMENTS ARE MET:

Answer 1402

1. ANY CLASS MEMBER IS DIVERSE FROM ANY DEFENDANT. 2. THE CLASS CLAIMS AGGREGATE TO EXCEED FIVE MILLION DOLLARS 3. THERE ARE AT LEAST 100 CLASS MEMBERS

Question 1403

# 4 WHEN IS TERMINATION OF REPRESENTATION NECESSARY?

Answer 1403

1. WHERE WILL CAUSE VIOLATION OF RULES OR LAW 2. FRIVILOUS LITIGATION 3. PHYSICAL OR MENTAL CONDITION MATERIALLY IMPAIRS REPRESENTATION 4. LAWYER IS DISCHARGED

Question 1404

# 2 "LIFE IN BEING"

Answer 1404

1. AN ASCERTAINABLE INDIVUAL 2. MADE SPECIFICALLY IDENTIFIABLE BY LANGUAGE OF CONDITION

Question 1405

# 1 MBE - PRIOR INCONSISENT STATEMENT - MEANING OF PRIOR WHEN INCONSISTENT STATEMENT USED TO IMPEACH

Answer 1405

1. PRIOR MEANS INCONSISTENT STATEMENT OCCURRED BEFORE THE COURT REPETITION OF THE DECLARANTS OUT OF COURT STATEMENT OR CONDUCT.

Question 1406

# 2 DEFENSE OF OTHERS - THE DEFENDANT MAY RAISE THE DEFENSE OF OTHERS DEFENSE WHERE HE

Answer 1406

1. USED FORCE AS REASONABLY NECESSARY 2. TO DEFEND OTHERS FROM AN AGGRESSOR.

Question 1407

# 4 CALIFORNIA - FORUM NON CONVENIENS STANDARD - PRIVATE AND PUBLIC FACTORS

Answer 1407

1. BURDEN ON COMMUNITY 2. APPLICABLE LAWS 3. CONVENIENCE TO PARTIES 4. LOCATION OF WITNESSES AND EVIDENCE.

Question 1408

# 2 FIFTH AMENDMENT SELF-INCRIMINATION PROTECTION

Answer 1408

1. NO COMPULSION TO GIVE COMMUNICATIVE EVIDENCE OR TESTIMONY 2. EXPOSING ONE'S SELF TO CRIMINAL LIABILITY

Question 1409

# 3 METHODS OF TERMINATING OR MODIFYING A REAL COVENANT

Answer 1409

1. AGREEMENT OF ALL PARTIES MADE IN A SUFFICIENT WRITING. 2. ABANDOMENT ACTION 3. CHANGED CONDITIONS

Question 1410

# 1 CALIFORNIA SPECIAL INTERROGATORY LIMITS

Answer 1410

1. 35 SPECIAL INTERROGATORIES MAY BE ASKED WITHOUT COURT LEAVE

Question 1411

# 4 ACTIONS (LAWSUITS NOT BARRED BY THE 11TH AMENDMENT)

Answer 1411

1. STATE V. STATE 2. US V. STATE 3. INJUNCTIONS AGAINST STATE OFFICIALS 4. SUITS AGAINST CITIES

Question 1412

# 2 RULE 26 PRE-TRIAL DISCLOSURE REQUIREMENTS

Answer 1412

1. WITNESS LIST 2. EXHIBIT LIST

Question 1413

# 1 RES JUDICATA/CLAIM PRECLUSION DEFINITION

Answer 1413

1. BARS RELITIGATION OF ALREADY LITIGATED CLAIM

Question 1414

# 2 REVOCATION OF CODICIL CONSEQUENCE FOR WILL AND REVOCATION OF WILL CONSEQUENCE FOR CODICIL

Answer 1414

1. REVOCATION OF CODICIL REVOKES ONLY THE CODICIL AND THE WILL REMAINS ACTIVE 2. REVOCATION OF WILL REVOKES WILL AND CODICIL

Question 1415

# 2 DEFENSE OF INFANCY - DEFENDANT MAY RAISE THE DEFENSE OF INFANCY WHERE DEFENDANT WAS

Answer 1415

1. UNDER SEVEN YEARS OLD AND CONCLUSIVELY PRESUMED TO BE UNABLE TO FORM CRIMINAL INTENT 2. BETWEEN AGE OF SEVEN AND FOURTEEN AT TIME OF ALLEGED CRIME AND THEREFORE REBUTTABLY PRESUMED TO BE INCAPABLE OF FORMING CRIMINAL INTENT.

Question 1416

# 3 RESULT OF CONTRACT REFORMATION

Answer 1416

1. COURT REWRITES CONTRACT 2. TO REFLECT PARTIES' INTENT 3. BECAUSE THE ORIGINAL CONTRACT DID NOT DO SO.

Question 1417

# 2 MBE MISSED - UNDER RETREAT DOCTRINE, DEFENDANT IS NOT UNDER THE OBLIGATION TO RETREAT WHERE DEFENDANT IS NOT

Answer 1417

1. THE AGRESSOR 2. USING EXCESSIVE OR DEADLY FORCE

Question 1418

# 1 MBE MISSED - FOR DOCTOR PATIENT PRIVILEGE - THE PRIVILEGE MUST BE ASSERTED BY THE

Answer 1418

1. PATIENT.

Question 1419

# 3 DEFENSE TO SPECIFIC PERFORMANCE - DISPROPORTIONATE HARDSHIP - COURT WILL NOT ORDER SPECIFIC PERFORMANCE WHERE

Answer 1419

1. HARDSHIP CAUSED TO DEFENDANT AND PUBLIC 2. GREATLY OUTWEIGHS HARDSHIP TO PLAINTIFF 3. IF SPECIFIC PERFORMANCE NOT GRANTED

Question 1420

# 2 SPECIAL DAMAGES

Answer 1420

1. UNIQUE TO THE SPECIFIC PLAINTIFF 2. ECONOMIC

Question 1421

# 2 MITIGATING FACTORS FOR HOMICDE

Answer 1421

1. MITIGATING FACTORS ARE CONSIDERATION NOT AMOUNTING TO COMPLETE DEFENSES 2. WEIGHED BY TEH JURY WHEN DETERMINING DEGREE OR TYPE OF HOMICIDE FOUND.

Question 1422

# 1 LAPSE EFFECT ON CLASS GIFT

Answer 1422

1. AT COMMON LAW, LAPSED SHARE WOULD BE DIVIDED AMONG REMAINING BENEFICIARIES

Question 1423

# 2 REMEDIES FOR AMELIORATIVE WASTE CAUSED BY LIFE TENANT

Answer 1423

1. NO DAMAGES BECAUSE NO DIMINUTION IN VALUE 2. INJUNCTION MAY BE GRANTED

Question 1424

# 3 FEDERAL TRANSFER OF VENUE STANDARD

Answer 1424

1. COURT LOOKS TO INTERESTS OF JUSTICE 2. PUBLIC FACTORS - BURDEN TO COMMUNITY, CHOICE OF LAW 3. PRIVATE FACTORS - CONVENIENCE, LOCATION OF EVIDENCE AND WITNESSES

Question 1425

# 2 CA REQUIREMENT WHERE ADVERTISEMENT LISTS CASE RESULTS

Answer 1425

1. MUST STATE THAT RESULTS ARE NOT TYPICAL 2. OR PREDICTION OF FUTURE RESULTS

Question 1426

# 2 AGENT'S LINGERING APPARENT AUTHORITY TO TRANSACT WITH THIRD PARTIES PREVIOUSLY TRANSACTED WITH TERMINATES WHEN

Answer 1426

1. THIRD PARTIES RECEIVE ACTUAL NOTICE OF AGENCY TERMINATION 2. OR CONSTRUCTIVE NOTICE OF AGENCY TERMINATION

Question 1427

# 3 MBE MISSED - TO BE CONSTITUTIONAL, A STATE LAW MUST

Answer 1427

1. BE ENACTED WITHIN THE STATE'S POWERS 2. NOT VIOLATE ANY CITIZEN'S CONSTITUTIONAL RIGHTS 3. NOT IMPROPERLY BURDEN INTERSTATE COMMERCE

Question 1428

# 2 SILA SEARCH - VEHICLE - POLICE MAY SEARCH

Answer 1428

1. CAR 2. ALL OF THE COMPARTMENTS

Question 1429

# 3 ACCOMPICE LIABILITY - THE PRINCIPAL IS THE PARTY WHO

Answer 1429

1. ACTUALLY COMMITS THE CRIME 2. AND IS PRESENT AT THE CRIME 3. OR HAS AN INNOCENT PARTY COMMIT THE CRIME FOR HIM.

Question 1430

# 7 CLASSIFICATIONS OF SEPARATE PROPERTY

Answer 1430

1. PROPERTY OWNED BY SPOUSE BEFORE MARRIAGE 2. GIFT 3. BEQUEST 4. DEVISE 5. DESCENT 6. RENTS, ISSUES AND PROFITS OBTAINED FROM SP 7. PROPERTY ACQUIRED AFTER PERMANENT SEPARATION

Question 1431

# 1 MINIMUM CONTACTS - SPECIFIC JURISDICTION

Answer 1431

1. CLAIM IS DIRECTLY RELATED TO DEFENDANT'S CONTACT WITH THE FORUM STATE

Question 1432

# 2 PRIORITY OF PLAINTIFF IN TAKING PROPERTY THROUGH CONSTRUCTIVE TRUST OR EQUITABLE LIEN

Answer 1432

1. BFP W/OUT NOTICE TAKES OVER PLAINTIFF 2. PLAINTIFF TAKES OVER UNSECURED CREDITORS

Question 1433

# 1 RAPE SHIELD - CEC- DEFENDANT MAY ONLY USE INSTANCES OF PLAINTIFF'S FORMER SEXUAL CONDUCT TO PROVE

Answer 1433

1. PRIOR INSTANCES OF SEXUAL CONTACT WITH DEFENDANT

Question 1434

# 2 DEFENSE OF DWELLING - CALIFORNIA - DEADLY FORCE MAY BE USED WHERE

Answer 1434

1. UNLAWFUL FORCED ENTRY INTO DWELLING 2. REASONABLE BELIEF OF IMMINENT THREAT OF INJURY OF DEATH OR INJURY TO SELF OR FAMILY

Question 1435

# 7 FEDERAL 12(B)(6) GROUNDS FOR DISMISSAL

Answer 1435

1. LACK OF SMJ 2. LACK OF PJ 3. LACK OF PROPER VENUE 4. INSUFFICIENT PROCESS 5. INSUFFICIENT SERVICE OF PROCESS 6. FAILURE TO STATE A CLAIM 7. FAILURE TO JOIN AN INDISPENSIBLE PARTY

Question 1436

# 4 CATEGORIES OF PARTIES WHO VIOLATE 10b-5 (INSIDE TRADING)

Answer 1436

1. DIRECT TRADING INSIDER 2. TIPPER 3. TIPPEES 4. MISSAPPROPRIATORS

Question 1437

# 1 AN ATTORNEY MAY NOT MAKE EXTRAJUDICIAL STATEMENTS WHERE

Answer 1437

1. THEY ARE LIKELY TO MATERIALLY PREJUDICE THE CASE

Question 1438

# 2 EQUAL PROTECTION CLAUSE - INTERMEDIATE SCRUTINY REVIEW

Answer 1438

1. REGULATION FURTHERS AN **IMPORTANT GOVERNMENT INTEREST** 2. BY MEANS THAT ARE **SUBSTANTIALLY RELATED** TO THAT INTEREST

Question 1439

# 2 LIABILITY FOR CONVERSION ARISES WHERE DEFENDANT

Answer 1439

1. INTENTIONALLY AND SUBSTANTIALLY INTERFERED WITH PLAINTIFF'S CHATTEL 2. CAUSING DISPOSSESSION

Question 1440

# 4 COURT'S HAS POWER TO TERMINATE TRUST WHERE THERE IS

Answer 1440

1. FRUSTRATION OF PURPOSE 2. IMPOSSIBLITY 3. ILLEGALITY 4. CHANGED CIRCUMSTANCES

Question 1441

# 3 EVALUATING WHETHER OR NOT ITEM IS A FIXTURE

Answer 1441

1. ITEM IS FIRMLY EMBEDDED IN PREMISES 2. ITEM IS PARTICULARLY ADAPTED OR FITTED TO THE REAL ESTATE 3. REMOVAL WOULD DESTROY CHATTEL OR HARM REAL ESTATE

Question 1442

# 7 PREMARITAL AGREEMENTS DEEMED INVOLUNTARY UNLESS

Answer 1442

1. SPOUSE TO BE HAD CAPACITY 2. NO DURESS 3. NO FRAUD 4. NO UNDUE INFLUENCE 5. PRESENTED WITH AGREEMENT AT LEAST SEVEN DAYS BEFORE SIGNING 6. ADVISED TO SEEK INDEPENDENT COUNSEL 7. WAIVED INDEPENDENT COUNSEL IN SEPARATE WRITING

Question 1443

# 1 NECKLACES

Answer 1443

1. GO ON YOUR NECK

Question 1444

# 3 ACCEPTANCE UNDER THE MAILBOX RULE

Answer 1444

1. UNDER THE MAILBOX RULE, ACCEPTANCE IS EFFEECTIVE UPON DISPATCH 2. WHERE MADE IN THE MANNER SPECIFIED IN THE OFFER 3. WHERE THE OFFER DOES NOT SPECIFY THE METHOD OF DISPACTCH, IT MUST BE MADE IN THE SAME OR FASTER METHOD AS THE OFFER WAS DISPATCHED.

Question 1445

# 1 CITIZENSHIP FOR UNINCORPORATED BUSINESSES

Answer 1445

1. COURT LOOKS AT CITIZENSHIP OF ALL PARTNERS

Question 1446

# 3 DEFENSE OF PROPERTY -DEFENDANT IS PRIVILEGED TO USE

Answer 1446

1. REASONABLE NONDEADLY FORCE 2. TO PROTECT HIS 3. OR OTHER'S PROPERTY FROM HARM.

Question 1447

# 4 COMMON LAW BURGLARY ELEMENTS

Answer 1447

1. A SPECIFIC INTENT CRIME 2. OF BREAKING AND ENTERING THE DWELLING STRUCTURE OF ANOTHER 3. AT NIGHT 4. WITH THE INTENT TO COMMIT A FELONY

Question 1448

# 2 SARBANES-OXLEY - ENHANCED REPORTING REQUIREMENTS - LIABILITY FOR INACCURATE REPORTING OF AUDIT BOARD

Answer 1448

1. SENIOR EXECS ARE PERSONALLY LIABLE 2. CEO AND CFO MUST REIMBURSE CORP FOR ANY INCENTIVE BASED COMPENSATION RECEIVED FOR 12 MONTHS AFTER INACCURATE REPORT FILING

Question 1449

# 1 MBE MISSED - CONGRESS MAY CONTROL FEDERAL COURT ORDERS BY

Answer 1449

1. RESTRICTING THE JURISDICTION OF APPELLATE COURTS

Question 1450

# 1 WHO HAS BURDEN OF PROOF WHERE SPOUSE CLAIMS SEPARATE PROPERTY IN COMMINGLED FUNDS

Answer 1450

1. SPOUSE ASSERTING SP

Question 1451

# 1 ANTI-SLAPP MOTION

Answer 1451

1. MOTION FILED IN A LAWSUIT ATTEMPTING TO QUELL SPEECH.

Question 1452

# 3 FIDUCIARY DUTIES OF LLC MEMBERS WHICH DUTIES AND TO WHOM OWED

Answer 1452

1. DUTY OF CARE 2. DUTY OF LOYALTY 3. DUTIES OWED TO LLC AND LLC MEMBERS

Question 1453

# 3 EASEMENT DEFINITION

Answer 1453

1. A NON-POSSESSORY INTEREST IN ANOTHER'S LAND 2. PERMITTING ITS HOLDER TO MAKE LIMITED USE OF THE LAND 3. FOR A SPECIFIC PURPOSE.

Question 1454

# 2 EQUITABLE SERVITUDES - REQUIREMENTS FOR BENEFITS TO RUN WITH THE LAND

Answer 1454

1. INTENT 2. TOUCH AND CONCERN

Question 1455

# 1 MBE MISSED - THE TORTIOUS BATTERY INTENT REQUIREMENT MAY BE SATISFIED BY

Answer 1455

1. THE INTENT TO COMMIT A TORTIOUS ASSAULT

Question 1456

# 1 WHEN SENTENCING TO DEATH, JURY MUST CONSIDER

Answer 1456

1. MITIGATING CIRCUMSTANCES

Question 1457

# 2 DEFENSE OF DWELLING - COMMON LAW - DEADLY FORCE COULD BE USED WHERE

Answer 1457

1. REASONABLY BELIEVED NECESSARY TO PREVENT A FORCEABLE INTRUSION 2. WARNING HAD BEEN GIVEN TO INTRUDER NOT TO ENTER.

Question 1458

# 4 RESULTING TRUST TRIGGERS

Answer 1458

1. TRUST PURPOSE SATISFIED OR ENDS 2. CY PRES DOCTRINE CAN'T FIX FAILED CHARITABLE TRUST 3. ILLEGAL TRUST 4. EXCESS CORPUS IN TRUST

Question 1459

# 1 OBJECTION - CALLS FOR SPECULATION IS USED WHERE A QUESTION INVITES A WITNESS TO TESTIFY

Answer 1459

1. BASED ON CONJECTURE

Question 1460

# 1 END OF EASEMENT - LIMITATION ON DESTRUCTION OF SERVIENT LAND ENDING EASEMENT

Answer 1460

1. WHERE DESTRUCTION WASN'T WILLFUL.

Question 1461

# 6 DE JURE CORPORATION (MA PAIN)

Answer 1461

1. MEETS STATUATORY REQUIREMENTS INCLUDING SOS FILING THAT DETAILS 2. AUTHORIZED NUMBER OF SHARES 3. PURPOSE OF CORP 4. AGENT'S NAME AND ADDRESS 5. INCORPORATOR'S NAME AND ADDRESS 6. NAME OF CORPORATION

Question 1462

# 2 MBE - SEARCH WARRANTS REQUIREMENT FOR BUSINESSES

Answer 1462

1. ORDINARY BUSINESSES ARE NOT SUBJECT TO WARRANTLESS SEARCHES 2. HEAVILY REGULATED INDUSTRIES CAN BE INSPECTED WITHOUT A WARRANT

Question 1463

# 3 ELEMENTS TRIGGERING MARRIED WOMAN'S SPECIAL PRESUMPTION

Answer 1463

1. PROPERTY TAKEN IN WIFE'S NAME ALONE 2. PRE-1975 3. REBUTTABLY PRESUMED TO BE HER SEPARATE PROPERTY

Question 1464

# 4 TRIGGERS FOR QUALIFIED PRIVILEGE DEFENSE TO DEFAMATION

Answer 1464

1. COMMUNICATION APPEARS REASONABLY NECESSARY TO PROTECT DEFENDANT'S OR THIRD PARTY'S LEGITIMATE INTERESTS 2. PAST EMPLOYER'S REFERENCE 3. NEWSWORTHY EVENTS 4. REPORTS OF PUBLIC HEARINGS

Question 1465

# 1 ABA REQUIREMENTS FOR REPORTING ATTORNEY MISCONDUCT

Answer 1465

1. ATTORNEY MISCONDUCT MUST ALWAYS BE REPORTED

Question 1466

# 1 EQUAL PROTECTION CLAUSE - SUSPECT CLASSES RECEIVE THIS STANDARD OF REVIEW

Answer 1466

1. STRICT SCRUTINY

Question 1467

# 3 LEGAL RESTITUTION IS AWARDED WHERE

Answer 1467

1. DEFENDANT WAS UNJUSTLY ENRICHED 2. JUSTICE DEMANDS PLAINTIFF IS COMPENSATED FOR DEFENDANT'S ENRICHMENT 3. OR PLAINTIFF WANTS HIS PROPERTY BACK

Question 1468

# 2 DEGREE OF RELATION'S EFFECT ON ANTILAPSE

Answer 1468

1. ISSUE TAKES PER CAPITA WHERE SAME DEGREE OF RELATION 2. WHERE MORE REMOTELY RELATED, PER CAPITA W/REPRESENTATION

Question 1469

# 2 MUTUALITY OF PERFORMANCE ELEMENTS

Answer 1469

1. PLAINTIFF HAS ALREADY PERFORMED 2. OR COURT HAS POWER TO SECURE PERFORMANCE BY PLAINTIFF

Question 1470

# 2 FREE EXERCISE CLAUSE - LAWS OF GENERAL APPLICABILITY ALLOWED WHERE

Answer 1470

1. WHERE **NOT INTENDED** TO **BURDEN** RELIGIOUS **BELIEFS** 2. WHERE **ADVANCES** IMPORTANT **PUBLIC INTERESTS**

Question 1471

# 1 UCC - RESULT OF VARYING TERMS WHEN BOTH PARTIES _NOT_ MERCHANTS

Answer 1471

1. VARYING TERMS OF ACCEPTANCE WILL NOT BE INCLUDED IN THE CONTRACT.

Question 1472

# 1 FORECLOSURE DEFINITION

Answer 1472

1. SALE OF MORTGAGED LAND BY MORTGAGOR TO SATISFY MORTGAGE WHEN IT IS IN DEFAULT

Question 1473

# 2 CONGRESSIONAL POWERS - DORMANT COMMERCE CLAUSE - STATES ARE FREE TO REGULATE INTERSTATE COMMERCE WHERE THEY DO NOT

Answer 1473

1. DIRECTLY DISCRIMINATE AGAINST OUT OF STATE COMMERCE 2. UNDULY BURDEN INTERSTATE COMMERCE

Question 1474

# 1 SPECIAL DAMAGES COMPENSATE FOR

Answer 1474

1. PECUNIARY LOSS

Question 1475

# 2 EXONERATION - ABATEMENT OF SPECIFIC GIFT TO EXONERATE AN ENCUMBRANCE ON ANOTHER SPECIFIC GIFT

Answer 1475

1. NOT ALLOWED

Question 1476

# 1 PANTS GO ON

Answer 1476

LEGS

Question 1477

# 4 DEPENDANT RELATIVE REVOCATION NOT APPLICABLE WHERE SUBSEQUENT WILL IS INVALID DUE TO

Answer 1477

1. INEFFECTIVE EXECUTION 2. FRAUD 3. DURESS 4. INFLUENCE

Question 1478

# 2 PRESENT SENSE IMPRESSION EXCEPTION

Answer 1478

1. STATEMENT MADE DESCRIBING OR EXPLAINING EVENT OR CONDITION 2. MADE WHILE DECLARANT WAS PERCEIVING EVENT OR CONDITION, OR IMMEDIATELY THEREAFTER.

Question 1479

# 3 CA - LAWYER CAN MAKE PERSONAL LOANS TO CLIENT WHERE

Answer 1479

1. HIRED BY CLIENT 2. AGREES TO REPAY IN WRITING 3. LOAN IS NOT MADE TO SATISFY EXISTING DEBTS TO WIN BUSINESS OF CLIENT

Question 1480

# 2 REMEDY THEORIES TO USE WHEN SEEKING DAMAGES FOR REASONABLE RELIANCE ON REEPRESENTATION OF PRE-INCORPORATION PROMOTER

Answer 1480

1. QUASI-CONTRACT 2. PROMOTER'S IMPLIED ADOPTION OF CONTRACT

Question 1481

# 1 ADVERSE POSSESSION - HOSTILE REQUIREMENT IS FULLFILLED WHERE OCCUPATION

Answer 1481

1. OCCURS WITHOUT OWNER'S PERMISSION

Question 1482

# 3 ATTRACTIVE NUISANCE DOCTRINE

Answer 1482

1. PROPERTY OCCUPIERS OWE A STRICT DUTY TO PROTECT CHILDREN LIKELY TO TRESPASS ON THE PROPERTY 2. BY INSPECTING AND ELIMINATING ANY DANGEROUS CONDITIONS 3. THAT MAY BE ATTRACTIVE TO CHILDREN MAY NOT FULLY APPRECIATE BECAUSE OF THEIR AGE

Question 1483

# 2 ADEMPTION OF SPECIFIC GIFTS

Answer 1483

1. SPECIFIC GIFTS ADEEM BY EXTINCTION 2. COURT'S LOOK TO TESTATOR'S INTENT TO SEE WHAT BENEFICIARY ESTATES

Question 1484

# 2 COMMUNITY PROPERTY CONTRIBUTIONS SPOUSE A USES CP TO IMPROVE TOWARD SPOUSE B'S SEPARATE PROPERTY - **OTHER PROPERTY (MINORITY VS. MAJORITY RULES)**

Answer 1484

1. MAJORITY RULE - PRESUMED GIFT UNLESS WRITTEN AGREEMENT TO REIMBURSE 2. MINORITY RULE - GIFT NOT PRESUMED AND REIMBURSEMENT GRANTED

Question 1485

# 2 CAPACITY REQUIREMENTS OF PRINCIPAL

Answer 1485

1. CAPACITY TO CONTRACT 2. NO MINORS

Question 1486

# 3 EXCLUSIONARY RULE - PURGED TAINT EXCEPTION WILL APPLY WHERE THERE ARE

Answer 1486

1. TOO MANY INTERVENING FACTORS 2. BETWEEN ORIGINAL ILLEGALITY 3. AND THE FINAL DISCOVERY OF EVIDENCE 4. MAKING LINK BETWEEN THE ORIGINAL ILLEGALITY AND THE DISCOVERY OF EVIDENCE TOO TENUOUS.

Question 1487

# 2 DEFENDANTS FOR THE CRIME OF RECEIVING STOLEN PROPERTY ARE THE DEFENDANTS

Answer 1487

1. RECEIVING PROPERTY KNOWN TO BE STOLEN 2. PROVIDING PROPERTY KNOWN TO BE STOLEN

Question 1488

# 4 CONGRESSIONAL POWER - THESE FACETS OF INTERSTATE COMMERCE WILL TRIGGER COMMERCE CLAUSE

Answer 1488

1. **CHANNELS** OF INTERSTATE COMMERCE 2. **INSTRUMENTALITIES** OF INTERSTATE COMMERCE 3. **PERSONS** AND THINGS MOVING INTERSTATE COMMERCE 4. **ACTIVITIES** INVOLVED IN INTERSTATE COMMERCE

Question 1489

# 1 WHEN DOES ATTORNEY OWE DUTIES TO CLIENT/POTENTIAL CLIENT

Answer 1489

1. AS SOON AS AN ATTORNEY-CLIENT RELATIONSHIP IS FORMED

Question 1490

# 3 OFFICERS AND DIRECTORS - UNDER THE DUTY OF DISCLOSURE, OFFICERS AND DIRECTORS MUST

Answer 1490

1. DISCLOSE ALL MATERIAL INFORMATION 2. RELEVANT TO CORPORATION 3. TO THE BOARD OF DIRECTORS

Question 1491

# 3 SILA SEARCH - CAUSE NEEDED FOR PROTECTIVE SWEEP

Answer 1491

1. REASONABLE BELIEF 2. BASED ON SPECIFIC AND ARTICULABLE FACTS 3. OTHER DANGEROUS INDIVIDUALS ARE PRESENT.

Question 1492

# 2 DIFFERENCE BETWEEN AGENT AND AN INDEPENDENT CONTRACTOR

Answer 1492

1. PRINCIPAL CONTROLS METHOD AND MANNER OF AGENT'S PERFORMANCE 2. PRINCIPAL CANNOT CONTROL METHOD AND MANNER OF INDEPENDENT CONTRACTOR'S PERFORMANCE

Question 1493

# 1 FEDERAL TIME LIMITS TO FILE APPEAL

Answer 1493

1. 30 DAYS AFTER ENTRY OF JUDGMENT

Question 1494

# 1 EQUAL PROTECTION CLAUSE - STRICT SCRUTINY REVIEW STANDARD

Answer 1494

1. NECESSARY TO ACHIEVE A COMPELLING GOVERNMENT INTEREST

Question 1495

# 3 COMMON LAW ARSON

Answer 1495

1. COMMON LAW ARSON IS A GENERAL INTENT CRIME 2. DONE BY MALICIOUSLY BURNING 3. THE DWELLING STRUCTURE OF ANOTHER.

Question 1496

# 3 RULE 26 MANDATORY DISCLOSURES

Answer 1496

1. INITIAL DISCLOSURES SUPPLYING INFORMATION ABOUT DISPUTED FACTS 2. EXPERT WITNESS DISCLOSURES 3. PRETRIAL DISCLOSURES

Question 1497

# 5 REAL COVENANT - REQUIREMENTS FOR THE BURDEN TO RUN WITH THE LAND

Answer 1497

1. NOTICE 2. INTENT 3. TOUCH AND CONCERNS 4. VERTICAL PRIVITY 5. HORIZONTAL PRIVITY

Question 1498

# 3 STANDING - THIRD PARTY

Answer 1498

1. INDIVIDUAL STANDING 2. PLAINTIFF HAS SPECIAL RELATIONSHIP WITH THIRD PARTY 3. THIRD PARTY CANNOT ASSERT HIS OWN RIGHTS

Question 1499

# 1 CROSS-CLAIMS AND COUNTERCLAIMS FOR AGGREGATION OF CLAIMS TO GET TO 75,000 FOR DIVERSITY

Answer 1499

1. NOT ALLOWED.

Question 1500

# 1 COURT'S LIKELIHOOD TO INTERVENE WHERE BOTH PARTIES ENTER A CONTRACT WITH EQUAL GUILT

Answer 1500

1. WHERE BOTH PARTIES ENTER THE CONTRACT WITH EQUAL AMOUNTS OF GUILT, THE COURT WILL NOT INTERVENE.

Question 1501

# 2 AN ATTORNEY MAY MAKE PUBLIC STATEMENTS ABOUT THE CASE WHERE

Answer 1501

1. INFORMATION IS ALREADY GENERALLY KNOWN 2. DAMAGE CONTROL ON OPPOSING COUNSEL'S STATEMENTS

Question 1502

# 3 EQUITABLE LIEN - WHERE PLAINTIFF TRACES WRONGFUL TAKEN FUNDS TO A COMMINGLED ACCOUNT

Answer 1502

1. LOWEST INTERMEDIATE BALANCE RULE APPLIES 2. PLAINTIFF RECEIVES ACTUAL MONEY OWNED 3. SANS INCREASE

Question 1503

# 2 DIRECT TRACING

Answer 1503

1. ADVOCATING SPOUSE SHOWS SUFFICIENT SP FUNDS AVAILABLE AT THE TIME OF PROPERTY'S PURCHASE 2. AND INTENT TO USE FUNDS TO PURCHASE PROPERTY AS AN SP ASSET

Question 1504

# 4 MALICE FOR MURDER IS THE INTENT TO

Answer 1504

1. TO KILL 2. COMMIT SERIOUS BODILY INJURY 3. COMMIT AN INHERENTLY DANGEROUS FELONY (FELONY MURDER RULE) 4. CREATE EXTREME RISK TO HUMAN LIFE WITH AN AWARENESS AND CONSCIOUS DISREGARD FOR THAT RISK (DEPRAVED HEART MURDER).

Question 1505

# 2 DIVERSITY JURISDICTION AND WORKER' COMPENSATION CASES

Answer 1505

1. WORKERS' COMPENSATION CASES MAY NOT BE REMOVED TO ANY DISTRICT COURT 2. DIVERSITY JURISDICTION NOTWITHSTANDING.

Question 1506

# 1 TENANCY AT WILL DURATION MAY BE

Answer 1506

1. ANY PERIOD OF TIME

Question 1507

# 2 PERSONAL SERVICE ELEMENTS

Answer 1507

1. OCCURS WHEN PERSONAL DELIVERY IS MADE TO DEFENDANT 2. PERSONAL SERVICE IS ALWAYS ADEQUATE SERVICE.

Question 1508

# 2 SUPPORT TRUST ELEMENTS

Answer 1508

1. DIRECTS TRUSTEE TO MAKE LIMITED DISTRIBUTIONS 2. FOR BENEFICIARY'S SUPPORT

Question 1509

# 1 FEDERAL INTERROGATORY LIMITS

Answer 1509

1. ONLY 25 INTERROGATORIES

Question 1510

# 3 LIABILITY FOR BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY ARISES WHERE DEFENDANT IS

Answer 1510

1. MERCHANT SPECIALIZING IN THE TYPE OF GOODS SOLD 2. GOODS ARE NOT OF THE AVERAGE ACCEPTABLE QUALITY 3. OR NOT FIT FOR GENERAL INTENDED PURPOSE OF GOODS

Question 1511

# 2 16B GOVERNANCE OF SHORT SWING PROFITS OFFICERS & DIRECTORS VS. 10 PERCENT OR MORE SHAREHOLDERS

Answer 1511

1. OFFICERS & DIRECTORS - IN POSITION AT **EITHER** TIME OF SALE OR PURCHASE 2. 10 PERCENT SHAREHOLDERS - IN POSITION AT **BOTH** PURCHASE AND SALE

Question 1512

# 4 GROUNDS FOR MOTION TO SET ASIDE JUDGMENT - CA

Answer 1512

1. MISTAKE 2. INADVERTANCE 3. EXCUSABLE NEGLECT 4. SURPRISE

Question 1513

# 1 JUDICIAL POWERS - SUPREME COURT WON'T HEAR A CASE WHERE THERE WERE THESE TYPE OF GROUNDS FOR THE STATE COURT DECISION.

Answer 1513

1. ADEQUATE 2. INDEPENDENT

Question 1514

# 2 VALID WILL - INTERESTED WITNESSES CREATING REBUTTABLE PRESUMPTION OF INTENT IS REBUTTED WHERE

Answer 1514

1. TWO OTHER DISINTERESTED WITNESSES PRESENT 2. WITNESSES ARE PRESENT IN FIDUCIARY CAPACITY

Question 1515

# 2 MBE MISSED - ELEMENTS NEEDED FOR FRUSTRATION OF PURPOSE EXCUSING PERFORMANCE OF LEASE ON PARTIALLY CONDEMNED PROPERTY

Answer 1515

1. FRUSTRATION MUST BE COMPLETE OR ALMOST COMPLETE 2. TENANT MUST NOT HAVE BEEN COMPENSATED FOR INTEREST IN PROPERTY

Question 1516

# 1 ATTORNEY WORK PRODUCT - FEDERAL - ABSOLUTE PRIVILEGE IS APPLIED TO ATTORNEY'S

Answer 1516

1. MENTAL IMRESSIONS.

Question 1517

# 2 PRIVATE ACTOR IMPLICATES STATE ACTION WHERE

Answer 1517

1. PERFORMING TRADITIONALLY PUBLIC FUNCTION 2. STATE ENTANGLED ITSELF IN PRIVATE ACTIVITY

Question 1518

# 4 PURCHASE MONEY RESULTING TRUST ELEMENTS

Answer 1518

1. BENEFICIARY PAYS CONSIDERATION FOR PROPERTY 2. TITLE IS TAKEN IN THE NAME OF THIRD PARTY 3. THIRD PARTY BECOMES TRUSTEE 4. OF PROPRERTY NOW CONSIDERED TO BE IN PURCHASE MONEY RESULTING TRUST

Question 1519

# 4 LARCENY BY TRICK IS THE CRIME OF

Answer 1519

1. KNOWINGLY USING A FALSE PROMISE OR STATEMENT 2. WITH THE SPECIFIC INTENT OF INDUCING VICTIM TO GIVE DEFENDANT POSSESSION OF VICTIM'S PERSONAL PROPERTY 3. TO PERMANENTLY DEPRIVE VICTIM OF HIS POSSESSORY INTEREST IN THE SAME.

Question 1520

# 2 SHAREHOLDER - VOTING BY PROXY - REVOCABLE VS. IRREVOCABLE

Answer 1520

1. REVOCABLE PROXY CREATES AGENCY RELATIONSHIP 2. IRREVOCABLE PROXY CREATED BY INTEREST OR EXCHANGE OF CONSIDERATION

Question 1521

# 3 RESCUER DOCTRINE - LIABILITY FOR BREACH MAY ARISE WHERE

Answer 1521

1. DEFENDANT CREATED IMMINENT PERIL OR APPEARANCE OF IMMINENT PERIL TO SELF OR OTHERS 2. REASONABLY RECOGNIZABLE TO THIRD PARTY 3. CAUSING PLAINTIFF TO REASONABLY ATTEMPT RESCULE

Question 1522

# 2 COMMUNITY PROPERTY CONTRIBUTIONS TOWARD A SPOUSE'S SEPARATE PROPERTY - BUSINESS - WHEN TO USE PEREIRA

Answer 1522

1. MOST VALUABLE FACTOR OF APPRECIATION WAS SPOUSE'S LABOR 2. FAVORS COMMUNITY

Question 1523

# 3 CONSIDERATION REQUIRED FOR STOCK SHARES (AT COMMON LAW)

Answer 1523

1. ANY INTANGIBLE OR TANGIBLE BENEFIT TO CORP 2. CANNOT BE FUTURE SERVICES 3. CANNOT BE UNSECURED DEBT

Question 1524

# 2 MBE MISSED - STRICT LIABILITY PRODUCT DEFECT - DEFENDANT CAN ONLY BE LIABLE WHERE PRODUCT WAS DEFECTIVE

Answer 1524

1. WHEN IT LEFT DEENDANT'S CONTROL 2. AND NOT EXPECTED TO UNDERGO SIGNIFICANT CHANGES BEFORE USING END CONSUMER

Question 1525

# 1 FRAUD PREVENTING REVOCATION OF WILL OCCURS WHEN

Answer 1525

1. FRAUD IS IMPLEMENTED TO PREVENT REVOCATION

Question 1526

# 1 ABA - EXCEPTIONS TO CONFIDENTIALITY REQUIREMENT

Answer 1526

1. TO PREVENT CLIENT'S DEATH OR SERIOUS BODILY HARM

Question 1527

# 2 PRIORITY OF LIENS AGAINST PROPERTY

Answer 1527

1. USUALLY IN CHRONOLOGICAL ORDER 2. PURCHASE MONEY MORTGAGE GETS FIRST PRIORITY

Question 1528

# 1 GELATIN

Answer 1528

1. IS MADE FROM HORSES

Question 1529

# 2 TRUSTEE CAN'T OFFSET LOSSES FOR BREACH

Answer 1529

1. WHERE ONE BREACH CAUSES LOSS 2. AND ANOTHER BREACH CAUSES GAIN

Question 1530

# 3 DEFENSES TO DEFAMATION

Answer 1530

1. ABSOLUTE PRIVILEGE 2. QUALIFIED PRIVILEGE 3. TRUTH

Question 1531

# 3 ERIE DOCTRINE DEFINITION

Answer 1531

1. FEDERAL COURTS EXERCISING DIVERSITY JURISDICTION ARE REQUIRED TO APPLY 2. STATE LAW TO ISSUES OF SUBSTANCE 3. AND FEDERAL LAWS TO ISSUES OF PROCEDURE.

Question 1532

# 1 WAIVER OF LIABILITY OF ATTORNEY THROUGH FEE AGREEMENT IN EXCHANGE FOR REDUCED FEE

Answer 1532

1. OK WHERE CLIENT HAS INDEPENDENT COUNSEL BEFORE SIGNING FEE AGREEMENT

Question 1533

# 2 FIFTH AMENDMENT - MIRANDA INVOCATION AND INTERROGATION FOR OTHER OFFENSES

Answer 1533

1. UNDER THE 5TH AMENDMENT 2. INVOCATION OF COUNSEL MANDATES POLICE STOP INTERROGATION REGARDING ANY CRIMINAL OFFENSE

Question 1534

# 2 CONSTRUCTIVE SERVICE - REGISTERED MAIL

Answer 1534

1. DEFENDANTS MAY BE SERVED BY REGISTERED MAIL 2. IF THEY AGREED TO WAIVE SERVICE OF PROCESS.

Question 1535

# 1 TENDER OFFER

Answer 1535

1. AN OFFER TO PURCHASE A CONTROLLING PERCENTAGE OF SHARES IN A CORPORATION

Question 1536

# 2 A LAND SALE CONTRACT DOES NOT CONTAIN THIS IMPLIED WARRANTY

Answer 1536

1. IMPLIED WARRANTY OF FITNESS 2. UNLESS IT IS A NEW HOME BEING SOLD BY THE BUILDER

Question 1537

# 2 QUORUM OF BOARD OF DIRECTORS - A QUORUM IS A

Answer 1537

1. MAJORITY OF THE BOARD 2. WHO DOES NOT HAVE INTEREST IN ACTION

Question 1538

# 1 LIABILITY OF NEW TENANT TO LANDLORD FOR SUBLEASE RENTAL PAYMENTS

Answer 1538

1. NEW TENANT IS **NOT** LIABLE TO LANDLORD FOR SUBLEASE RENTAL PAYMENTS BECAUSE NO PRIVITY OF ESTATE.

Question 1539

# 3 EXHAUSTION METHOD

Answer 1539

1. FUNDS IN COMMUNITY ACCOUNT DEPLETED 2. ONLY FUNDS IN SP ACCOUNT AVAILABLE 3. WHEN PROPERTY PURCHASED

Question 1540

# 5 FIRST AMENDMENT - FREEDOM OF ASSOCIATION - CONSTITUTIONALLY PROTECTED ACTIVITIES

Answer 1540

1. SPEECH 2. ASSEMBLY 3. PRESS 4. SEEKING GOVERNMENT REDRESS 5. FREE EXERCISE OF RELIGION

Question 1541

# 2 MODERN ARSON

Answer 1541

1. MODERNLY, THE CRIME OF ARSON HAS BEEN EXPANDED TO INCLUDE 2. MALICIOUS BURNING OF STRUCTURES, LAND AND PROPERTY.

Question 1542

# 2 DISTRIBUTION OF ASSETS AT DEATH - SPOUSES' RIGHTS TO QCP

Answer 1542

1. DECEDENT **DOES NOT** HAVE 1/2 INTEREST IN SURVIVING SPOUSES QCP 2. SURVIVING SPOUSE **DOES** HAVE 1/2 INTEREST IN DECEDENT'S QCP

Question 1543

# 1 EFFECT OF ONE LAWYER'S COI ON THE ENTIRE FIRM

Answer 1543

1. ONE LAWYER'S COI DISQUALIFIES ENTIRE FIRM

Question 1544

# 4 FUNDAMENTAL RIGHTS TRIGGERING SUBSTANTIVE DUE PROCESS

Answer 1544

1. MARRIAGE 2. FAMILY 3. CHILDBEARING 4. CHILDREARING

Question 1545

# 1 FREE SPEECH REGULATION LIMITATION - OVERBROAD

Answer 1545

1. BANS PROTECTED AND UNPROTECTED SPEECH

Question 1546

# 4 CA ALLOWS STRANGER TO USE COLLATERAL ESTOPPEL WHERE

Answer 1546

1. ISSUES IN BOTH CASES ARE IDENTICAL 2. VALID JUDGMENT ON THE MERITS IN FIRST CASE 3. PARTY AGAINST WHOM CE IS SOUGHT WAS A PARTY/PRIVY IN FORMER CASE WHO HAD FAIR OPPORTUNITY TO BE HEARD 4. **IT IS NOT UNFAIR OR INEQUITABLE TO APPLY CE**

Question 1547

# 5 ATTORNEY WORK PRODUCT - CALIFORNIA - A**_BSOLUTE PRIVILEGE_** APPLIES TO PRODUCT PREPARED IN ANTICIPATION OF LITIGATION THAT REFECLT'S ATTORNEY'S

Answer 1547

1. IMPRESSIONS 2. CONCLUSIONS 3. OPINIONS 4. LEGAL RESEARCH 5. THEORIES

Question 1548

# 2 A TENANCY IS CREATED WHERE THE LANDOWNER CONVEYS

Answer 1548

1. LESSER INTEREST IN THE PROPERTY 2. THAN WHAT HE OWNS

Question 1549

# 3 FUTURE COVENANTS OF TITLE CONTAINED IN WARRANTY DEED

Answer 1549

1. **WARRANTY OF TITLE** - PROMISE TO DEFEND SHOULD THERE BE ANY LAWFUL CLAIMS ON TITLE 2. **QUIET ENJOYMENT** - NO DISTURBANCES IN POSSESSION BY ANY CLAIMS ON TITLE 3. **FURTHER ASSURANCES** - WHATEVER FUTURE ACTS OR NECESSARY TO PERFECT TITLE

Question 1550

# 1 FIDUCIARY DUTY OWED TO CORPORATE BONDHOLDER

Answer 1550

NONE

Question 1551

# 1 CALIFORNIA - FINAL JUDGMENT RULE AND JOINT AND SEVERAL LIABILITY - JUDGMENT AGAINST _ONE_ OF THE SEVERAL PARTIES IS

Answer 1551

1. FINAL JUDGMENT

Question 1552

# 2 REMEDIES FOR PERMISSIVE WASTE

Answer 1552

1. COST OF REPAIR 2. INJUNCTION USUALLY NOT ORDERED BECAUSE ENFORCEMENT TOO DIFFICULT

Question 1553

# 4 REQUIREMENTS FOR PROVING INTENT TO CREATE ## Footnote **A TESTAMENTARY TRUST**

Answer 1553

1. **INTENT MANIFESTED** ON **FACE** OF WILL 2. **DOCUMENTS INCORPORATED** INTO WILL 3. ACTS OF **INDEPENDENT SIGNFICANCE** 4. IDENTIFYING OR **APPOINTING**

Question 1554

# 4 GROUNDS FOR MOTION TO SET ASIDE JUDGMENT - FEDERAL

Answer 1554

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 1555

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

Answer 1555

1. APPURTENANT - RUNS WITH THE LAND

Question 1556

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

Answer 1556

1. AFFIRMATIVELY ACT TO STEP INTO THE SPOTLIGHT

Question 1557

# 3 TYPES OF RECORDING ACTS

Answer 1557

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

Question 1558

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

Answer 1558

1. AUTHENTICATED

Question 1559

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

Answer 1559

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

Question 1560

# 4 LAPSE (BENEFICIARY DEATH)

Answer 1560

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 1561

# 1 TORT - GROSS NEGLIGENCE OCCURS WHERE DEFENDANT

Answer 1561

1. DELIBERATELY BREACHED A PREEXISTING DUTY

Question 1562

# 3 PRIOR CONSISTENT STATEMENT AND HEARSAY

Answer 1562

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 1563

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

Answer 1563

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 1564

# 2 CONSPIRACY - MODERN OVERT ACT REQUIREMENT

Answer 1564

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

Question 1565

# 3 TRANSMUTATION TO 3RD PARTIES

Answer 1565

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

Question 1566

# 3 PATDOWN - PLAIN FEEL DOCTRINE

Answer 1566

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

Question 1567

# 6 FORMATION OF LIMITED PARTNERSHIPS REQUIREMENTS

Answer 1567

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 1568

# 2 COVENANT

Answer 1568

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

Question 1569

# 3 DISTRIBUTION OF ASSETS AT DIVORCE - TWO MARRIAGES

Answer 1569

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

Question 1570

# 3 TENTH AMENDMENT ELEMENTS

Answer 1570

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

Question 1571

# 1 FEE SIMPLE ABSOLUTE CONVEYS

Answer 1571

1. ABSOLUTE OWNERSHIP OF POTENTIALLY INFINITE DURATION.

Question 1572

# 3 GENERAL WARRANTY DEED CONTAINS

Answer 1572

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

Question 1573

# 2 ARTICLE III - COURT ALLOWED TO MAKE DECLARATORY JUDGMENTS WHERE THEY

Answer 1573

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

Question 1574

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

Answer 1574

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

Question 1575

# 5 FEDERAL CLASS ACTION REQUIREMENTS CAN'T -C

Answer 1575

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

Question 1576

# 1 TRANSMUTATION AND COMMUNITY PROPERTY LAW

Answer 1576

1. CHANGE THE ESTATE OR OWNERSHIP CHARACTERIZATION OF AN ASSET

Question 1577

# 1 DUTY OF LOYALTY FACTORS - LAWYER MUST NOT

Answer 1577

DEVELOP OR MAINTAIN AN INTEREST THAT IS ADVERSE TO HER CLIENT

Question 1578

# 3 REIMBURSEMENT RIGHTS OF SEPARATE ESTATE FOR CONTRIBUTIONS TO COMMUNITY ESTATE

Answer 1578

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

Question 1579

# 3 RECORDS OF VITAL STATISTICS EXCEPTION

Answer 1579

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

Question 1580

# 3 TYPES OF CORPORATE DISSOLUTION

Answer 1580

1. VOLUNTARY 2. ADMINISTRATIVE 3. JUDICIAL

Question 1581

# 4 LANDLORD/TENANT QUESTIONS/DEFENSES TO PAY RENT

Answer 1581

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

Question 1582

# 1 NONPUBLIC GOVERNMENT PROPRETY AS A FORUM FOR SPEECH

Answer 1582

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

Question 1583

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

Answer 1583

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 1584

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

Answer 1584

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

Question 1585

# 3 FIGURING OUT WHO OWNS UNTITLED PROPERTY IN A PARTNERSHIP

Answer 1585

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 1586

# 5 APPORTIONING SHARES OF BUSINESS VALUE APPRECIATION AFTER SEPARATION - WHEN SP CONTRIBUTES TO A CP BUSINESS **REVERSE** PEREIRA FORMULA

Answer 1586

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 1587

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

Answer 1587

1. AUDIT BOARD

Question 1588

# 2 SPOUSAL SUPPORT MAY BE WAIVED THROUGH PREMARITAL AGREEMENT IF

Answer 1588

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

Question 1589

# 1 SLANDER/DEFAMATION

Answer 1589

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

Question 1590

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

Answer 1590

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

Question 1591

# 1 TAKINGS CLAUSE - PUBLIC USE MUST BE

Answer 1591

1. RATIONALLY RELATED TO A CONCEIVABLE PUBLIC PURPOSE OR BENEFIT

Question 1592

# 4 AGGRAVATED BATTERY

Answer 1592

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 1593

# 1 MBE MISSED - UNKNOWN TRESPASSER IS OWED

Answer 1593

1. NO DUTY

Question 1594

# 2 WHEN MAY CORPORATE OFFICER OR DIRECTOR PERSONALLY ACCEPT BUSINESS OPPORTUNITY?

Answer 1594

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

Question 1595

# 3 DISCRETIONARY SUPPORT TRUST - TRUSTEE HAS AUTHORITY TO

Answer 1595

1. DISTRIBUTE 2. OR WITHHOLD 3. PAYMENTS

Question 1596

# 1 NEW YORK TIMES BURDEN OF PROOF FOR DEFAMATION FOR A PUBLIC OFFICIAL

Answer 1596

1. STATEMENT WAS MADE WITH ACTUAL MALICE

Question 1597

# 2 DUTY OF CONFIDENTIALITY - ATTORNEY MAY NOT DISCLOSE CLIENT COMMUNICATIONS MADE DURING REPRESENATION THROUGHOUT IN THESE TIME PERIODS

Answer 1597

1. DURING REPRESENTATION 2. AFTER REPRESENTATION

Question 1598

# 2 DISSENTING SHAREHOLDER'S PAYMENT FOR SHARES

Answer 1598

1. FAIR MARKET VALUE OF SHARES 2. INTEREST

Question 1599

# 3 ENFORCEABILITY OF DELEGATION AGAINST DELEGATOR

Answer 1599

1. A PROMISOR/DELEGATOR RETAINS PRIMARY LIABILITY TO THE PROMISEE 2. UNLESS PROMISOR DELEGATOR GIVES DELAGATEE CONSIDERATION 3. FORMING A NEW CONTRACT WITH ORIGINAL PROMISEE AS A THIRD PARTY BENEFICIARY WITH FULL ENFORCEMENT RIGHTS

Question 1600

# 3 BARS TO THE GOOD FAITH WARRANT EXCEPTION

Answer 1600

1. AFFIANT KNEW INFORMATION PROVIDED WAS FALSE 2. AFFIANT WAS RECKLESS IN EVALUATING PROBABLE CAUSE VALUE OF INFORMATION 3. MAGISTRATE'S RELIANCE ON AFFADAVIT WAS UNREASONABLE BASED ON LACK OF PROBABLE CAUSE.

Question 1601

# 3 LIABILITY FOR NEGLIGENCE PER SE ARISES WHERE DEFENDANT

Answer 1601

1. BREACHES A DUTY CREATED BY STATUTE 2. STATUE ENACTED TO PROECT GROUP OF PEOPLE OF WHICH PLAINTIFF IS A MEMBER 3. STATUTE TO CREATED TO PREVENT TYPE OF INJURY PLAINTIFF SUFFERED

Question 1602

# 7 SP EXPENDITURES MADE TO BENEFIT CP REAL ESTATE ANTI-LUCAS 2

Answer 1602

1. 1987 ONWARD 2. ANY PROPERTY PURCHASED WITH SP 3. BUT JOINTLY HELD TITLE 4. PRESUMED CP 5. UNLESS AGREED IN WRITING OTHERWISE 6. OR CLEARLY STATED IN DEED 7. RIGHT OF REIMBURSEMENT OF SP FOR DIP.

Question 1603

# 3 MODERN VIEW OF LANDLORD'S DUTIES TO THE CONDITION OF THE PREMISES

Answer 1603

1. MAINTAIN COMMON AREAS 2. FIX LATENT DEFECTS OF WHICH LANDLORD HAS KNOWLEDGE 3. MAKE REPAIRS IN A NONNEGLIGENT FASHION

Question 1604

# 1 MBE - TESTIMONY ABOUT DEFENDANT'S GOOD CHARACTER USING SPECIFIC INSTANCES OF CONDUCT IS PROHIBITED UNLESS

Answer 1604

1. THE CHARACTER TRAIT IS AN ESSENTIAL ELEMENT OF A CHARGE, CLAIM OR DEFENSE.

Question 1605

# 1 DUTIES OF A PRINCIPAL

Answer 1605

1. ALL DUTIES IMPOSED BY THE CONTRACT

Question 1606

# 1 MULTIPLE ACTS AND ACTUAL CAUSES - EACH DEFENDANT MUST SHOW

Answer 1606

1. HIS NEGLIGENCE WAS NOT THE ACTUAL CAUSE OF THE INJURY

Question 1607

# 4 SHAREHOLDER RIGHTS - SHAREHOLDERS HAVE THE RIGHT TO

Answer 1607

1. ATTEND MEETINGS 2. VOTE ON BOARD AND STRUCTURE CHANGES (WHERE ARTICLES ALLOW) 3. INSPECT BOOKS WITH PROPER PURPOSE AND REASONABLE NOTICE 4. DIVIDENDS (WHERE ARTICLES ALLOW)

Question 1608

# 4 IMPLIED IN LAW CONTRACT

Answer 1608

1. AN EQUITABLE CAUSE OF ACTION 2. PLED WHERE NO EXPRESS OR IMPLIED IN FACT CONTRACT EXISTS 3. WHERE MOVANT ACTS TO CONFER A BENEFIT ON RESPONDENT 4. WITH A REASONABLE EXPECTATION OF BEING COMPENSATED IN RETURN.

Question 1609

# 1 CAUSE OF ADMINISTRATIVE DISSOLUTION OF CORPORATION

Answer 1609

1. SECRETARY OF STATE FORCES CORP TO DISSOLVE DUE TO ADMINISTRATIVE FAILURES

Question 1610

# 1 SEARCH AND SEIZURE - WARRANT IS REQUIRED WHERE

Answer 1610

1. SUSPECT HAS A REASONABLE EXPECTATION OF PRIVACY.

Question 1611

# 2 PUBLIC SAFETY EXCEPTION TO MIRANDA

Answer 1611

1. RESPONSES TO CUSTODIAL INTERROGATION PROMPTED BY REASONABLE CONCERN FOR PUBLIC SAFETY 2. ARE NOT INADMISSIBLE UNDER MIRANDA.

Question 1612

# 3 REQUIREMENTS/OUTPUT CONTRACT

Answer 1612

1. CONTRACT MADE FOR EXCLUSIVE OUTPUT OR REQUIREMENT OF GOODS 2. REQUIRES DEMANDS BE REASONABLE PROPORTIONATE WITH PREVIOUS DEMANDS 3. INCLUDES IMPLIED MATERIAL CONDITION OF GOOD FAITH EFFORT TO REMAIN IN BUSINESS

Question 1613

# 2 MARRIED WOMAN'S SPECIAL PRESUMPTION - RESULT OF WIFE TAKING TITLE WITH 3rd PARTY

Answer 1613

1. WIFE AND THIRD PARTY ARE TENANTS IN COMMON 2. WIFE HAS 1/2 INTEREST AS SEPERATE PROPERTY

Question 1614

# 2 COMMUNITY PROPERTY CONTRIBUTIONS SPOUSE A USES CP TO IMPROVE TOWARD SPOUSE B'S SEPARATE PROPERTY - **OTHER PROPERTY**

Answer 1614

1. MAJORITY RULE - PRESUMED GIFT UNLESS WRITTEN AGREEMENT TO REIMBURSE 2. MINORITY RULE - GIFT NOT PRESUMED AND REIMBURSEMENT GRANTED

Question 1615

# 3 REQUIREMENTS FOR AN AWARD OF LIQUIDATED DAMAGES PURSUANT TO A LIQUIDATED DAMAGES CLAUSE

Answer 1615

1. DAMAGES WERE UNCLEAR AT THE TIME OF CONTRACTING 2. AMOUNT OF DAMAGES CONTEMPLATED WAS REASONABLE 3. AND REMAINS A REASONABLE REMEDY TO THE BREACH

Question 1616

# 2 WHICH BRANCH OF GOVERNMENT ESTABLISHES EXERCISE OF APPELLATE JURISDICTION?

Answer 1616

1. CONGRESS MAY ESTABLISH BY LAW 2. THE MANNER IN WHICH APPELLATE JURISDICTION IS EXERCISED.

Question 1617

# 2 CALIFORNIA - SERVICE BY PUBLICATION

Answer 1617

1. AFTER NOTHING ELSE WORKS 2. ATTORNEY MUST PROVIDE AFFADAVIT OF REASONABLE ATTEMPTS IN EFFECTING SERVICE.

Question 1618

# 4 DEFENSE OF INVOLUNTARY INTOXICATION

Answer 1618

1. A DEFENDANT MAY RAISE THE DEFENSE OF INVOLUNTARY INTOXICATION 2. TO NEGATE CRIMINAL INTENT 3. WHEN THE DEFENDANT WAS UNAWARE HE WAS UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE 4. AT THE TIME OF THE ALLEGED CRIMINAL ACT.

Question 1619

# 1 SHOES

Answer 1619

1. GO ON YOUR FEET

Question 1620

# 1 EIGHTH AMENDMENT - BAIL MUST BE

Answer 1620

1. NOT EXCESSIVE OR UNDULY HIGH

Question 1621

# 1 SPECIAL CLASSIFICATIONS - LIFE INSURANCE - WHOLE LIFE - EACH ESTATE'S INTEREST IS BASED ON

Answer 1621

1. THE PERCENTAGE IT PAID TOWARD PREMUMS

Question 1622

# 1 PUNITIVE DAMAGES AND PROPORTIONALITY TO OTHER DAMAGES

Answer 1622

1. PUNITIVE DAMAGES MUST MAINTAIN RELATIVE PROPORTIONALITY TO OTHER DAMAGE AWARDS

Question 1623

# 3 SPECIAL CLASSIFICATIONS - PERSONAL INJURY - LIABILITY FOR TORTFEASOR SPOUSE WHO COMMITS TORT AGAINST SPOUSE

Answer 1623

1. TORTFEASOR SPOUSE'S SP MUST BE EXHAUSTED 2. BEFORE CP IS USED 3. TO DISCHARGE LIABILITY OF TORTFEASOR SPOUSE TO INNOCENT SPOUSE

Question 1624

# 1 CORPORATE BOARD OF DIRECTORS MAY DELEGATE AUTHORITY TO ACT TO COMMITTEE OR OFFICER WHERE THIS IS GIVEN

Answer 1624

1. UNANIMOUS WRITTEN CONSENT OF DIRECTORS

Question 1625

# 3 MANIFESTATIONS OF INTENT TO CREATE TRUST

Answer 1625

1. WRITING 2. VERBAL COMMUNCATION 3. CONDUCT

Question 1626

# 1 CONTRACTS - DEFENSE OF UNILATERAL MISTAKE AVAILABLE WHERE

Answer 1626

1. DEFENDANT ENTERED THE CONTRACT WITH A MISUNDERSTANDING OF MATERIAL FACT.

Question 1627

# 2 OBJECTION - ARGUMENTATIVE IS USED WHEN QUESTION ASKED

Answer 1627

1. ASKS FOR INFERENCES TO MADE FROM THE QUESTION 2. IN ORDER TO PERSUADE JUDGE OR JURY

Question 1628

# 1 STRETCH YOUR TOES TEN TIMES

Answer 1628

1. NOW PLEASE

Question 1629

# 2 TRANSFERS OF STOCKS - RESTRICTIONS ON TRANSFERS WILL ONLY BE ENFORCED AGAINST THIRD PARTIES WHERE RESTRICTIONS

Answer 1629

1. WERE CONSPICUOUSLY NOTED ON INSTRUMENT 2. OR PREEXISTING KNOWLEDGE OF RESTRICTION

Question 1630

# 3 PROCEDURAL DUE PROCESS MINIMALLY REQUIRES THAT THE GOVERNMENT PROVIDE THE FOLLOWING BEFORE DEPRIVING AN INDIVIDUAL OF LIFE, LIBERTY OR PROPERTY

Answer 1630

1. NOTICE 2. OPPORTUNITY TO BE HEARD 3. BEFORE A NEUTRAL DECISION MAKER

Question 1631

# 2 ADVISORY COUNSELS FOR SELF-REPRESENTED DEFENDANTS ARE INTENDED TO SERVE AS

Answer 1631

1. LAYER OF PROTECTION 2. FOR DEFENDANT AND INTEGRITY AND EFFICIENCY OF JUDICIAL PROCESS

Question 1632

# poop objections

Answer 1632

The classic failure to preserve the record is not making appropriate objections, particularly regarding the admission and exclusion of evidence. For example, courts of appeal will not generally set aside a verdict or finding based on the erroneous admission of evidence unless the other party made a timely objection to such evidence that makes clear the specific ground of the objection. Evidence Code § 353(a). Likewise, an erroneous exclusion of evidence may not be reviewable on appeal unless the proponent made an adequate offer of proof. See Evid. Code § 354. A party also cannot assert misconduct by opposing counsel as a basis for appeal unless he or she objected to counsel's actions at the time.

Question 1633

# poop LAST CLEAR CHANCE DOCTRINE