MEE Flash Cards
(358 cards)
1
Q
What type of remainder interest is transferable?
A
A vested remainder interest not subject to any condition is transferable.
2
Q
Who is responsible for carrying expenses, including property taxes, for a life estate?
A
Generally, a life tenant is responsible for all carrying expenses of real estate, including property taxes.
3
Q
What future interest follows a fee simple determinable?
A
A possibility of reverter is a future interest in the grantor that follows a fee simple determinable.
4
Q
Is a possibility of reverter subject to the Rule Against Perpetuities?
A
No, a possibility of reverter vests upon creation and is not subject to the Rule Against Perpetuities.
5
Q
Fee simple determinable
A
A determinable estate terminates automatically on the occurrence of a named future event.
6
Q
What are the major categories of charitable purposes for a charitable trust?
A
The major categories are relief of poverty, education, religion, health, government purposes, or other community benefits.
7
Q
Does a charitable trust need an ascertainable beneficiary?
A
No, a charitable trust is not required to have an ascertainable beneficiary and is not subject to the Rule Against Perpetuities.
8
Q
What is an honorary trust and how long can it last?
A
An honorary trust lacks definite beneficiaries but can be enforced for up to 21 years under the Uniform Trust Code.
9
Q
Under the Uniform Probate Code (UPC), who inherits if a person dies intestate without a spouse, descendants, or parents?
A
The estate will pass to the descendants of their parents under the UPC.
10
Q
What three elements must exist for a security interest to attach?
A
(1) Value is given, (2) the debtor has rights in the collateral, and (3) the debtor authenticates a security agreement sufficiently describing the collateral.
11
Q
What is a sufficient description of collateral in a security agreement under the UCC?
A
A description of collateral is sufficient if it describes the collateral by UCC type.
12
Q
What is a purchase-money security interest (PMSI)?
A
A security interest in goods is a PMSI if it pertains to goods that are purchase-money collateral.
13
Q
When does a perfected PMSI in goods other than inventory take priority over other security interests?
A
A perfected PMSI prevails if it is perfected when the debtor receives possession of the collateral or within 20 days thereafter.
14
Q
How is priority determined between two perfected security interests?
A
The first-in-time, first-in-right rule applies, giving priority to the interest that was perfected first.
15
Q
Under the MBCA, what are the requirements for a shareholder to inspect corporate records?
A
The demand must be made in good faith, be particular in its request, and be relevant to the shareholder’s interest.
16
Q
What is the difference between a valid and invalid shareholder resolution?
A
A valid resolution is a recommendation or request to the board, while an invalid resolution attempts to bind the corporation’s board.
17
Q
Does the First Amendment protect corporate speech the same way as speech by natural persons?
A
Yes, the Supreme Court has ruled that corporate spending on speech merits the same First Amendment protection.
18
Q
Does the First Amendment apply to shareholder resolutions restricting corporate political activities?
A
No, the First Amendment applies only to state action, not private action such as shareholder resolutions.
19
Q
What are the requirements for diversity jurisdiction in federal courts?
A
Diversity jurisdiction requires (1) complete diversity between all plaintiffs and defendants and (2) an amount in controversy exceeding $75,000.
20
Q
What is the exception to complete diversity for class actions?
A
If a class action contains over 100 persons and the amount in controversy exceeds $5,000,000, only minimal diversity is required.
21
Q
Under the Erie Doctrine, when does federal procedural law apply?
A
Federal procedural law applies in federal courts, even in diversity cases, if the issue is procedural rather than substantive.
22
Q
What are the three elements required for standing in federal court?
A
A plaintiff must show (1) injury-in-fact, (2) causation, and (3) redressability.
23
Q
When is joinder of a party mandatory under Rule 19?
A
Joinder is mandatory if complete relief cannot be provided without the party, or their absence risks inconsistent obligations or impairs their interest.
24
Q
What is the effect of joining a non-diverse party in federal court?
A
If joining a party destroys complete diversity, the federal court lacks subject-matter jurisdiction and must dismiss the case.
25
When may a federal court dismiss a case under Rule 19?
If joinder of a required party is infeasible and proceeding without them is unfair, the court may dismiss the case.
26
When can federal courts exercise supplemental jurisdiction over a state law claim?
If the state law claim arises from the same transaction or occurrence as a federal claim, the court may exercise supplemental jurisdiction.
27
Do federal courts apply state pleading rules?
No, federal courts apply the Federal Rules of Civil Procedure, which require only a short and plain statement of the claim.
28
Can a spouse directly enforce the duty of support during marriage?
No, courts generally do not intervene in private affairs to enforce spousal support obligations unless separation or divorce occurs.
29
Can states require school vaccinations despite parental objections?
Yes, states have the power to mandate vaccinations to protect public health, and refusal may result in denial of school admission.
30
Under the UCCJEA, when does a state have jurisdiction over a child custody case?
A state has jurisdiction if it is the child’s home state or was within the past six months while a parent still resides there.
31
When can a non-parent successfully obtain custody over a child?
A non-parent must overcome the presumption that parental custody is in the child's best interest by proving parental unfitness or harm to the child.
32
What are the requirements for a valid premarital agreement under the UPAA?
The agreement must be voluntary, not unconscionable at signing, and supported by adequate financial disclosure.
33
What property is subject to equitable distribution in divorce?
Marital property includes assets acquired during the marriage, while separate property includes pre-marriage assets, inheritances, and gifts.
34
When is an extramarital affair relevant in a custody determination?
Only if it affects the child's welfare; otherwise, courts focus on the child's best interest.
35
What are expectation damages in contract law?
Expectation damages aim to put the injured party in the position they would have been in if the contract had been performed.
36
When can lost profits be recovered as consequential damages?
Lost profits can be recovered if they were foreseeable at the time of contracting and the breaching party knew or should have known of them.
37
What is the duty to mitigate damages?
The injured party must take reasonable steps to minimize losses; failure to do so may reduce the recoverable damages.
38
What vote is required to approve a corporate merger under the MBCA?
A majority vote of both the board of directors and shareholders is required to approve a corporate merger.
39
What rights do dissenting shareholders have in a merger?
Dissenting shareholders have appraisal rights, allowing them to demand fair market value for their shares instead of accepting the merger terms.
40
What law governs the internal affairs of a corporation?
The law of the state of incorporation governs the corporations internal affairs, including shareholder rights and corporate u
41
What are the three present covenants in a general warranty deed?
The covenant of seisin, the covenant of right to convey, and the covenant against encumbrances.
42
Can a buyer recover damages for an encumbrance in the deed?
If the buyer had constructive notice of the encumbrance, recovery may be barred.
43
Under what circumstances may a buyer compel removal of an easement?
A buyer cannot remove a validly recorded easement if they had actual or constructive notice of it.
44
What is the implied warranty of habitability in real estate transactions?
The implied warranty of habitability protects buyers from latent defects in new or remodeled homes caused by the Builders poor workmanship.
45
What are the requirements for a defendant to be fit to stand trial?
The defendant must understand the nature and consequences of the proceedings and be able to assist in their defense.
46
What is the M'naghten test for insanity?
A defendant is not criminally responsible if, due to a mental disease, they did not know the nature of their act or that it was wrong.
47
What are the Rule 11 (Sanctions) certification requirements for pleadings?
Attorneys certify that (1) filings are not for an improper purpose, (2) claims are legally warranted, (3) factual assertions have evidentiary support, and (4) denials are based on evidence or belief.
48
What is the safe harbor rule for sanctions under Rule 11?
A party seeking sanctions must give the opposing party 21 days to withdraw or correct the offending filing before filing a motion for sanctions.
49
Against whom may a court impose Rule 11 sanctions?
Sanctions may be imposed on attorneys, law firms, or parties responsible for the violation.
50
What is the duty of loyalty for a trustee?
A trustee must act with utmost loyalty and good faith, avoiding self-dealing and conflicts of interest.
51
What is the duty of care for a trustee?
A trustee must manage trust assets prudently, as a reasonably prudent businessperson would, including securing necessary insurance.
52
How should trust expenses be allocated under the Uniform Principal and Income Act?
Ordinary expenses are allocated to trust income, while extraordinary expenses (like fire repairs) should be allocated to trust principal.
53
Can a vested remainder in a trust be transferred?
Yes, a vested remainder is transferable, devisable, and descendible, meaning it can pass to heirs or assignees.
54
What is a discretionary support trust?
A trust where the trustee has discretion to distribute funds for the beneficiary’s support, but only as necessary for their accustomed lifestyle.
55
What is a spendthrift clause in a trust?
A provision preventing beneficiaries from assigning their interests and blocking creditors from reaching trust funds before distribution.
56
Can a trustee be forced to distribute funds in a discretionary trust?
Generally, no, unless they abuse discretion, act in bad faith, or violate the duty of impartiality among beneficiaries.
57
Can child support and medical expenses be collected from a spendthrift trust?
Yes, in most states, exceptions allow claims for child support, alimony, and necessary expenses like emergency medical care.
58
When must a secured party provide notice before selling collateral?
A secured party must notify the debtor before sale unless the collateral is perishable, may decline in value quickly, or is customarily sold on a recognized market.
59
What determines priority between a secured party and a lien creditor?
A secured party prevails if they perfect their interest before the lien arises. Attachment requires value given, rights in the collateral, and an authenticated agreement.
60
What is a purchase-money security interest (PMSI)?
A PMSI arises when a loan or credit is extended specifically to purchase collateral, giving the lender priority over other claims if properly perfected.
61
How can a security interest be perfected?
Perfection occurs by filing a financing statement, taking possession, or exercising control over the collateral.
62
Can a supergeneric description perfect a security interest?
No, a security agreement must reasonably identify collateral; terms like 'all personal property' are insufficient.
63
When is a contract assignment valid?
A contract right is assignable unless it materially alters the obligor's risk, involves personal performance, violates public policy, or is prohibited by contract terms.
64
What is the difference between an intended and incidental third-party beneficiary?
An intended beneficiary has enforceable rights under the contract, while an incidental beneficiary does not.
65
Can a delegation of duties relieve the original obligor from liability?
No, unless a novation occurs, the delegating party remains liable if the delegatee fails to perform.
66
Under the UCC, what constitutes a firm offer?
A written, signed offer by a merchant stating it will be held open is irrevocable for the stated period, up to 90 days, without consideration.
67
How can an offer be revoked?
An offer is revoked when the offeror communicates withdrawal before the offeree accepts.
68
What is the business judgment rule?
A presumption that directors act in good faith and in the corporation's best interest unless there is evidence of fraud, illegality, or self-dealing.
69
What is the effect of a board’s failure to investigate credible allegations?
A failure to investigate constitutes bad faith and prevents the board from dismissing derivative lawsuits.
70
How does the MBCA govern mergers?
A majority vote of both the board of directors and shareholders is required to approve a corporate merger.
71
How is common law marriage recognized across state lines?
If valid in the state of formation, a common law marriage is generally recognized in other states unless against strong public policy.
72
What rights does a putative spouse have in an invalid marriage?
Some states grant putative spouses property rights similar to legal spouses if they entered the marriage in good faith.
73
What standard is applied to non-parental visitation requests?
Courts give special weight to a parent's decision but may grant visitation if it is in the child's best interest.
74
How is an LLC managed by default?
By default, an LLC is member-managed unless the articles of organization or operating agreement provide for manager management.
75
Can a single member bind a member-managed LLC?
Yes, unless the operating agreement restricts authority, each member has equal management rights for ordinary business activities.
76
What is the effect of voluntary withdrawal from an LLC?
A withdrawing member loses management rights and cannot demand immediate payment unless the operating agreement provides otherwise.
77
How can a will be revoked by physical act?
A will can be revoked by burning, tearing, or canceling it, but the testator must have intent to revoke.
78
What happens to a pretermitted child under the Uniform Probate Code?
A child born after a will’s execution receives an intestate share unless the will shows intentional omission.
79
What is an illusory trust?
An illusory trust appears valid but allows the settlor too much control, rendering it ineffective.
80
Can a surviving spouse challenge a revocable trust?
Some states deem revocable trusts illusory and allow the spouse to claim a portion of its assets.
81
How must a corporation be served under Rule 4(h)?
A corporation may be served by delivering process to an officer, managing agent, or authorized agent, or by complying with state service laws.
82
How is diversity jurisdiction determined for corporations?
A corporation is a citizen of both its state of incorporation and its principal place of business (nerve center).
83
What is required for a defendant to implead a third party under Rule 14?
A defendant may implead a third party who may be liable for all or part of the plaintiff's claim against the defendant.
84
When can a non-party intervene in a lawsuit?
Intervention is allowed if the party has an interest in the litigation that may be impaired and is not adequately represented by existing parties.
85
What are the requirements for a security interest to attach?
Attachment requires (1) value given, (2) debtor rights in the collateral, and (3) an authenticated security agreement.
86
What are the classifications of collateral under UCC 9?
**Inventory** includes goods for sale, **accounts** refer to rights to payment, and **equipment** includes tools used in business.
87
What happens when a security interest is sold to a buyer in the ordinary course?
A buyer in the ordinary course takes free of a security interest created by their seller, even if the security interest is perfected.
88
How does priority work between a secured party and a lien creditor?
A secured party wins if they perfect their interest before the lien arises.
89
What is the preexisting duty rule?
Under common law, a contract modification must be supported by new consideration unless unforeseen circumstances make performance substantially more burdensome.
90
Can a contract for the sale of goods be modified without consideration?
Under UCC Article 2, contract modifications for goods are enforceable without consideration if made in good faith.
91
What is economic duress? (Contracts)
A contract modification is voidable if a party's assent was induced by an improper threat that left them with no reasonable alternative.
92
How does the business judgment rule protect directors?
It presumes that directors act in good faith unless there is evidence of fraud, illegality, or self-dealing.
93
Can a board dismiss a derivative suit without investigating?
No, failure to investigate allegations of wrongdoing constitutes bad faith and prevents dismissal.
94
How does the court determine child custody?
Courts use the best interest of the child standard, considering factors like parental fitness, stability, and the childs needs.
95
Can child support orders be modified retroactively?
No, federal law prohibits retroactive modification of child support orders.
96
When can a court override a parents medical decision?
Courts may intervene if a parent refuses necessary medical care that endangers the child's health.
97
How does UIFSA determine jurisdiction over child support?
The state that issued the original order retains jurisdiction as long as one party still resides there, unless all parties consent to a new jurisdiction.
98
How is an employee distinguished from an independent contractor?
An employee is controlled by the employer regarding work details, while an independent contractor operates independently.
99
When is an employer liable under respondeat superior?
An employer is liable for an employee's torts committed within the scope of employment, unless the employee was on a 'frolic'.
100
What is negligence per se?
A statutory violation that establishes a presumption of negligence if the statute was designed to prevent that type of harm.
101
What is a director's conflicting interest transaction?
A transaction between the corporation and a director in which the director has knowledge and a material financial interest.
102
When is a conflicting interest transaction permitted?
If the material facts are disclosed to the board and approved by a disinterested majority or if the transaction is fair to the corporation.
103
What is the business judgment rule?
A presumption that directors act in good faith and in the corporation's best interest, unless there is fraud, illegality, or self-dealing.
104
What fiduciary duties do directors owe to the corporation?
The duty of loyalty (not to engage in self-dealing) and the duty of care (to act in an informed and reasonable manner).
105
What is the Statute of Frauds? (My Legs)
A rule requiring certain contracts, including those for the sale of goods over $500, to be in writing to be enforceable.
106
What constitutes anticipatory repudiation?
A definite and unequivocal statement by one party that they will not perform their contractual obligations before performance is due.
107
How are damages calculated for a breach of contract for the sale of goods?
The seller may recover the difference between the contract price and the resale price plus incidental damages.
108
What is substantial performance?
A party has performed enough of the contract that the essential purpose is met, despite minor deficiencies.
109
What is economic duress?
A contract is voidable if a party was forced to agree due to an improper threat that left them with no reasonable alternative.
110
When does a federal court have personal jurisdiction over an out-of-state defendant?
When the state's long-arm statute applies and the defendant has minimum contacts with the forum state. Traditional notion of fair play and substantial justice.
111
What is supplemental jurisdiction?
Allows a federal district court to hear claims over which the court would not ordinarily have jurisdiction if those claims arise out of the same transaction or occurrence as a claim over which the court does have subject matter jurisdiction.
112
When may a court grant summary judgment?
When there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.
113
What are the requirements for amending a pleading under Rule 15?
A court must allow amendments when justice requires, considering undue delay and prejudice to the opposing party.
114
What is required for a security interest to attach?
Value must be given, the debtor must have rights in the collateral, and there must be an authenticated security agreement.
115
How does a buyer in the ordinary course of business take collateral?
They take it free of a security interest created by their seller, even if the security interest is perfected.
116
What is a purchase-money security interest (PMSI)?
A security interest that secures the price of goods purchased, giving priority over other security interests if perfected properly.
117
How is intestate succession determined?
Personal property follows the law of the decedent's domicile; real property follows the law of the state where the property is located.
118
What are the requirements for a validly executed will?
A will must be in writing, signed by the testator, and witnessed by at least two individuals.
119
When is a holographic will valid?
If entirely in the testator's handwriting and signed at the end, depending on state law.
There will maybe sufficiently proven by the testimony of two witnesses who are familiar with the testator's handwriting.
120
What happens when a testator's will does not comply with state formalities?
The will is invalid, and the estate passes by intestate succession unless a harmless error doctrine applies.
121
When is a landlord liable for criminal acts against tenants?
If the landlord fails to take reasonable steps to prevent foreseeable criminal activity in common areas.
122
What is the duty of care for rescuers?
A rescuer must act reasonably and cannot leave the victim in a worse condition.
123
What is the eggshell plaintiff rule?
A defendant takes the plaintiff as they find them, meaning they are liable for all resulting harm even if the plaintiff is unusually vulnerable.
124
When does a psychiatrist have a duty to warn third parties?
If a patient makes a specific and credible threat against an identifiable person.
125
What is required for a party to demand adequate assurance of performance?
If reasonable grounds for insecurity exist, a party may demand adequate assurance in writing.
126
What happens if a party fails to provide adequate assurance?
Failure to provide assurance within a reasonable time (30 days under UCC) constitutes repudiation of the contract.
127
What is anticipatory repudiation?
When a party unequivocally indicates they will not perform before performance is due, allowing the other party to treat it as a breach.
128
Can anticipatory repudiation be retracted?
Yes, unless the other party has relied on the repudiation, accepted it, or initiated legal action.
129
What is constructive eviction?
A tenant may terminate a lease and withhold rent if the landlord substantially interferes with their use and enjoyment of the premises, forcing them to vacate.
130
Does a landlord have a duty to repair under common law or modern contract theory?
No, unless the lease specifies otherwise, or modern contract theory imposes a duty.
131
When does a landlord accept a tenant's surrender of the lease?
Acceptance may be implied if the landlord takes unequivocal actions indicating intent to terminate the lease.
132
Does a landlord have a duty to mitigate damages?
Under modern law, a landlord must make reasonable efforts to relet the premises, but in some jurisdictions, no duty exists.
133
Who has priority: a secured party or a buyer in the ordinary course of business?
A buyer in the ordinary course of business takes free of a security interest created by their seller, even if the interest is perfected.
134
When does a purchase-money security interest (PMSI) take priority?
A PMSI gives priority over other security interests if the security interest was taken to enable the purchase of the collateral.
135
What happens when collateral is exchanged for new goods?
The new goods are considered proceeds and may remain subject to the original security interest if properly perfected.
136
When does a state have jurisdiction over a child custody dispute under UCCJEA?
If it is the child's home state (where the child has lived for six months) or has significant connections and substantial evidence.
137
Do grandparents have a constitutional right to custody?
No, parental custody rights are superior unless the parent is unfit or custody with the parent would harm the child.
138
When is a grandparent visitation statute unconstitutional?
If it does not give weight to the parent's wishes or require a finding of parental unfitness or harm to the child.
139
Can an irrevocable trust be terminated?
Yes, if all beneficiaries consent and there is no remaining material purpose for the trust.
140
What happens if a trust contains a condition against remarriage?
Conditions restricting remarriage of a surviving spouse are generally upheld.
141
Can unborn beneficiaries prevent trust termination?
Under the Uniform Probate Code, unborn issue may be bound by existing beneficiaries unless a conflict of interest exists.
142
What is hearsay?
An out-of-court statement offered to prove the truth of the matter asserted.
143
What is the present sense impression exception?
A hearsay exception for statements describing an event made while or immediately after perceiving it.
144
When is a business record admissible?
If made at or near the time by someone with knowledge, kept in the regular course of business, and trustworthy.
145
When is an agent personally liable on a contract?
If the agent acts for an undisclosed or partially disclosed principal, they are personally liable.
146
What is apparent authority?
Authority a third party reasonably believes the agent has based on the principal's representations.
147
What is ratification?
When a principal retroactively approves an agent's unauthorized act, making it binding as if it had been authorized initially.
148
What is claim preclusion (res judicata)?
Prevents relitigation of claims between the same parties if the claim was decided on the merits by a court with proper jurisdiction.
149
What is issue preclusion (collateral estoppel)?
Prevents relitigation of issues that were **fully**
and **fairly** litigated and **necessarily** decided in a prior case.
Is your preclusion may not be used against someone who is not a party to the previous action
150
When may offensive collateral estoppel be used?
If the defendant had an incentive to litigate the issue in the first case and the plaintiff could not easily have joined the first case.
151
When can a partner dissociate from a partnership?
A partner may dissociate at any time by giving notice, but wrongful dissociation occurs if done in violation of a partnership agreement.
152
What happens if a partner wrongfully dissociates?
The partner may be liable for damages caused by the dissociation and may not participate in winding up the partnership.
153
Can a partnership continue after a partner;s dissociation?
Yes, if the remaining partners waive their right to terminate and agree to buy out the dissociating partner's interest.
154
Is a dissociating partner liable for partnership debts?
Yes, debts incurred during the winding-up phase are shared by all partners, including dissociating ones.
155
Does the Equal Protection Clause apply to private actors?
No, unless the private actor performs a public function, is entangled with the state, or the state encourages discrimination.
156
What level of scrutiny applies to gender-based classifications?
Intermediate scrutiny applies: the government must show that the classification serves an important objective and is substantially related to achieving that objective.
157
When is a gender classification unconstitutional?
If it does not serve an important government objective or reinforces existing stereotypes instead of remedying past discrimination.
158
Can a state provide separate educational programs for men and women?
Yes, but they must be substantially equal in quality and opportunity.
159
Must a state recognize a common law marriage from another state?
Yes, if the marriage was valid in the state where it was formed, unless it violates a strong public policy of the recognizing state.
160
What are the elements of a common law marriage?
Capacity to marry, present intent to be married, cohabitation, and holding out as a married couple.
161
What parental rights does a biological father have?
The Due Process Clause protects a biological parent's right to raise their child unless there is a showing of neglect or unfitness.
162
Can a state terminate parental rights without due process?
No, a state must provide notice and a substantial showing of neglect or unfitness before terminating parental rights.
163
When can a party immediately appeal a district court order?
Only if the order is a final judgment, unless an exception under Rule 54(b) applies.
164
Can a denial of a motion to dismiss be immediately appealed?
No, because it is not a final judgment allows litigation to proceed.
165
What is the final judgment rule?
A decision that fully resolves the case on the merits is appealable, but interlocutory orders generally are not.
166
What is a bona fide purchaser?
A purchaser who buys property for value without actual, constructive, or inquiry notice of prior claims.
167
What constitutes constructive notice in a land transaction?
Information that is properly recorded in public records, whether or not the buyer actually reviews the records.
168
Does non-use terminaten an easement?
Mere non-use does not terminate an easement; there must be an intentional act of abandonment.
169
Can a trust be reformed due to changed circumstances?
Yes, a court may modify a trust if unanticipated changes defeat the trust's purpose.
170
What happens when a charitable beneficiary of a trust ceases to exist?
Under the cy pres doctrine, a court will substitute a similar charitable organization with similar objectives.
171
Can a trustee use trust funds to pay a beneficiary's rent?
Only if it does not deplete the trust principal and harm the remainderman's interest.
172
Can a prior inconsistent statement be used to impeach a witness?
Yes, if it is inconsistent with the witness's testimony and the witness is given an opportunity to explain or deny it.
173
Is a prior statement of identification hearsay?
No, a prior statement of identification is not hearsay if the witness testifies and is subject to cross-examination.
174
Can character evidence be introduced in a criminal trial?
Yes, a defendant may introduce evidence of a relevant character trait, but it must be in the form of reputation or opinion testimony.
175
Does a security interest continue after the sale of collateral?
Generally, yes, unless the buyer is a buyer in the ordinary course of business.
176
When is a security interest perfected?
By filing a financing statement, possession, or control of the collateral.
177
What is a purchase-money security interest (PMSI)?
A security interest that secures the purchase price of goods and has priority over other security interests if properly perfected.
178
When does a class gift in a trust close?
A class gift in a trust closes when the settlor dies or the gift becomes possessory.
179
What happens if a trust beneficiary predeceases the settlor?
In a majority of jurisdictions, the deceased beneficiary's share passes to the remaining class members unless a statute provides for representation by descendants.
180
What is the prudent investor rule for trustees?
Trustees must act prudently to diversify investments and protect the trust assets, balancing income and principal security.
181
What is the standard for admitting non-expert opinion testimony?
A lay witness may give opinion testimony if it is rationally based on their perception, helpful to determining a fact, and not based on scientific or technical knowledge.
182
When is character evidence admissible in a civil case?
Character evidence is generally inadmissible to prove conduct but may be admitted when character is directly at issue, such as in defamation cases. Character Evidence may also be intorduced by reputation or opion.
183
What is the hearsay exception for present sense impression?
A present sense impression is a statement made while or immediately after perceiving an event, describing or explaining it.
184
When may a shareholder inspect corporate records?
A shareholder may inspect records if they make a demand in good faith, state a proper purpose, and identify the specific records they wish to inspect.
185
What is the business judgment rule?
The business judgment rule presumes that directors act in good faith and in the best interest of the corporation unless proven otherwise.
186
Under what circumstances can a minority shareholder challenge a dividend refusal?
A shareholder can challenge refusal to issue dividends if they can show fraud, bad faith, or an abuse of discretion by the board.
187
When can a marital settlement agreement be invalidated?
A marital settlement agreement may be set aside if obtained by fraud, overreaching, duress, and if it results in substantial unfairness.
In some states, lack of independent counsel
for each party may be a significant factor in support of finding the agreement substantively and procedurally unfair. A spouse who has representation may be found to have a fiduciary duty toward a spouse who does not have counsel
188
Is adultery relevant in a no-fault divorce?
Some states have eliminated fault-based divorce. Adultery is ground for dissolution of marriage in all states recognizing fault-based grounds. Under modern law, fault is eliminated from consideration in property distribution in many states, at least with respect to matters not related to the parties’ finances. Some states restrict the use of adultery claims to determining
alimony while other states consider adultery for fault only when egregious. Consideration is given if there is dissipation of assets or other financial misconduct by one spouse
189
Can a professional degree be divided as marital property?
Most states do not consider a professional degree marital property, though contributions to a spouse's education may affect alimony awards.
190
How is a security interest perfected?
A security interest is perfected by filing a financing statement, taking possession of the collateral, or exercising control over the collateral.
191
What is the priority rule for perfected vs. unperfected security interests?
A perfected security interest has priority over an unperfected security interest in the same collateral.
192
Does a PMSI in inventory require filing?
Yes, a purchase-money security interest in inventory must be perfected by filing and requires notice to prior secured parties before delivery of the inventory.
193
When can a case be removed to federal court?
A case may be removed to federal court if it meets federal question jurisdiction or diversity jurisdiction, with an amount in controversy exceeding $75,000.
194
What law applies when a case is transferred under 28 U.S.C. § 1404(a)?
The transferee court applies the substantive law of the transferor court, including its choice-of-law rules.
195
What is claim preclusion?
Claim preclusion bars relitigation of claims that were or could have been raised in a prior case that was decided on the merits.
196
What happens when the dominant and servient estates merge?
An easement is extinguished by merger when one party acquires both the dominant and servient estates.
197
When does an easement by necessity arise?
An easement by necessity arises when severance of property results in one parcel lacking reasonable access to a public road.
198
What is the rule for priority of mortgage liens?
A first-in-time mortgage has priority, but subsequent mortgages may have priority over later advances if those advances were optional.
199
What are the elements of false imprisonment?
False imprisonment requires an intentional act that confines another to a bounded area against their will, with the victim aware of or harmed by the confinement.
200
Can a business be held liable for failing to prevent foreseeable harm?
Yes, businesses owe a duty of care to customers to take reasonable steps to prevent foreseeable harm.
201
What is the bystander rule for emotional distress?
Some jurisdictions allow bystanders to recover for emotional distress if they are closely related to the victim, near the scene, and directly witness the injury.
202
What are the requirements for a valid premarital agreement?
A premarital agreement must satisfy contract formation requirements, including offer, acceptance, consideration, and voluntariness. It must be in writing and signed.
203
When is a premarital agreement unenforceable?
A premarital agreement may be unenforceable if there is fraud, duress, or unconscionability, especially at the time of enforcement.
204
How is property divided at divorce?
Most states use equitable distribution, distinguishing between marital and separate property. Marital property includes assets acquired during the marriage, while separate property includes gifts, inheritances, and pre-marital assets.
205
What factors influence an alimony award?
Courts consider financial resources, contributions to the marriage, length of marriage, and the receiving spouse's ability to support themselves.
Alimony is highly discretionary.
206
What is a fee simple determinable?
A fee simple determinable automatically terminates when a stated condition occurs, reverting to the grantor.
207
What is a possibility of reverter?
A possibility of reverter is a future interest retained by a grantor following a fee simple determinable, which automatically vests upon the condition occurring.
208
What is the Rule Against Perpetuities?
No interest is good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest.
209
When does an easement terminate?
An easement may terminate by merger, release, abandonment, prescription, or expiration of necessity.
210
What is the standard for time, place, and manner restrictions on speech?
A regulation must be content-neutral, serve a significant government interest, be narrowly tailored, and leave open alternative means of communication.
211
When can a public school prohibit religious clubs?
A school may not prohibit religious student clubs from meeting if it allows secular clubs to use its facilities, as this would violate freedom of speech.
212
When does corporate existence begin under the MBCA?
Corporate existence begins upon filing the articles of incorporation with the state.
213
Who is liable for pre-incorporation contracts?
Persons acting on behalf of a corporation not yet formed are personally liable unless the corporation later adopts the contract.
214
How is a general partnership formed?
A general partnership is formed when two or more persons associate to carry on a business for profit, with or without a written agreement.
215
Can a partner assign their interest in a partnership?
A partner may assign their right to profits and distributions, but not management rights without consent.
216
How is a security interest perfected?
A security interest is perfected by filing a financing statement, taking possession of the collateral, or controlling the collateral.
217
Who has priority in conflicting security interests?
The first security interest to be perfected has priority over later-perfected or unperfected security interests.
218
When does a buyer take goods free of a security interest?
A buyer in the ordinary course of business takes goods free of a security interest created by their seller, even if the security interest was perfected.
219
What are the elements of larceny by false pretenses?
Larceny by false pretenses requires a false representation of a material fact, knowledge of falsity, intent to defraud, reliance by the victim, and passage of title to the defendant.
220
When does willful blindness satisfy knowledge in fraud cases?
Willful blindness satisfies knowledge when the defendant deliberately avoids learning the truth while being aware of a high probability of falsehood.
221
What is false imprisonment?
False imprisonment requires an intentional act that confines a person to a bounded area, without consent, and with no reasonable means of escape.
222
What is the bystander rule for emotional distress?
A bystander may recover for emotional distress if they were closely related to the victim, present at the scene, and personally observed the injury.
223
What is hearsay under the Federal Rules of Evidence?
Hearsay is a statement that the declarant does not make while testifying at the current trial or hearing and a party offers in evidence to prove the truth of the matter asserted.
224
What are the exceptions to hearsay under Rule 803?
Exceptions include present sense impressions, excited utterances, and statements made for medical diagnosis or treatment.
225
What is the Confrontation Clause?
The Confrontation Clause of the Sixth Amendment states that testimonial hearsay is inadmissible against a criminal defendant who has not had an opportunity to cross-examine the declarant.
226
When does Miranda apply?
Miranda applies to statements made during custodial interrogation where the suspect experiences significant deprivation of freedom of movement and may not leave.
227
What is the rule for invoking Miranda rights?
If a defendant requests an attorney or states that they wish to remain silent, all interrogation must stop until either counsel is provided or the defendant voluntarily reinitiates discussion.
228
What is the rule for resuming questioning after invoking Miranda?
If a suspect has been released from interrogative custody, police may resume questioning after 14 days with a fresh set of Miranda warnings.
229
What constitutes an unambiguous request for an attorney under Miranda?
A suspect must articulate the desire for counsel clearly enough that a reasonable officer would understand it as a request for an attorney.
230
What is an agent's actual authority?
Actual authority is created by the principal's manifestation to the agent that they act for the benefit of the principal in a particular way, binding the principal in contract.
231
What is apparent authority?
Apparent authority arises based on the principal's representations to a third party, leading the third party to believe the agent has authority.
232
What is ratification in agency law?
Ratification allows a principal to grant retroactive authority for their agent's earlier unauthorized actions.
233
When is an agent personally liable on a contract?
An agent is personally liable when they enter a contract on behalf of an undisclosed or partially disclosed principal.
234
What is attachment in secured transactions?
Attachment is the process by which a security interest is created, requiring value given, rights in collateral, and an authenticated security agreement.
235
What is perfection in secured transactions?
Perfection gives notice of a security interest to the world, typically by filing a financing statement or taking possession of the collateral.
236
What is the priority rule in secured transactions?
Between two perfected security interests, the one with the earliest time of filing or perfection, whichever is earlier, prevails.
237
What is theft?
Theft is the unlawful taking and carrying away of property from another with intent to permanently deprive the owner.
238
What is criminal possession of stolen property?
A person commits criminal possession of stolen property when they knowingly or should have known that they possess stolen property with intent to benefit themselves or another or impede recovery.
239
What is armed robbery?
Armed robbery is theft where the offender carries a dangerous weapon and either uses force or places the victim in fear of serious injury.
240
What does the Fair Housing Act prohibit?
The Fair Housing Act prohibits discrimination in renting or selling property based on race, color, religion, sex, handicap, familial status, or national origin.
241
When does the Fair Housing act advertising prohibition apply?
The Act prohibits advertisements that indicate a preference based on protected characteristics, even for small landlords exempt from rental discrimination provisions.
242
What is a fixture?
A fixture is personal property affixed to real estate with the intent to become a permanent part of the real property.
243
What is the parol evidence rule?
The parol evidence rule prevents evidence of prior or contemporaneous agreements from contradicting a final, integrated written contract.
244
When is extrinsic evidence admissible in contract interpretation?
Extrinsic evidence is admissible to explain ambiguous contract terms but not to contradict a fully integrated contract.
245
What makes a noncompete covenant unenforceable?
A noncompete covenant is unenforceable if its duration or geographic scope is unreasonably broad and restricts trade more than necessary.
246
What is an abnormally dangerous activity?
An abnormally dangerous activity is one that creates a risk of serious harm that cannot be eliminated by due care and is not commonly conducted in the area.
247
What is proximate cause?
Proximate cause exists if the defendant's actions foreseeably caused the plaintiff's harm, without an unforeseeable intervening force breaking the chain of causation.
248
When is an employer vicariously liable for an independent contractor?
An employer is liable if the independent contractor engages in inherently dangerous activities.
249
What is permissive joinder?
Permissive joinder allows multiple plaintiffs or defendants to join a case if their claims arise from the same transaction or occurrence and share common legal or factual questions.
250
What is impleader?
Impleader allows a defendant to bring in a third party who may be liable for all or part of the plaintiff's claim against them.
251
What is the Eleventh Amendment's impact on lawsuits?
The Eleventh Amendment bars lawsuits against states for money damages unless Congress validly abrogates state immunity.
252
What is congresses power under Section 5 of the Fourteenth Amendment?
Congress may enact laws to remedy constitutional violations by states, but cannot create new substantive rights beyond those recognized by the Supreme Court.
253
When does the UCC apply to a contract?
The UCC applies to contracts for the sale of goods, while the common law applies to all other contracts.
254
What is the Statute of Frauds under the UCC?
The Statute of Frauds requires contracts for the sale of goods over $500 to be in writing and signed by the party against whom enforcement is sought.
255
What is a merchant confirmation letter?
A signed writing between merchants that confirms an oral contract and is not objected to within 10 days can satisfy the Statute of Frauds.
256
What is negligence?
Negligence requires a duty, breach, causation, and damages, and occurs when a defendant fails to act as a reasonable person under the circumstances.
257
When can a defendant be liable for subsequent injuries?
A defendant is liable for foreseeable intervening forces, such as infections or medical malpractice resulting from the plaintiff's original injury.
258
What is res ipsa loquitur?
Res ipsa loquitur allows a jury to infer negligence if an event would not normally occur without negligence, the defendant had control, and the plaintiff was not responsible.
259
What is the effect of a mortgage on a joint tenancy?
In a title theory state, a mortgage by one joint tenant severs the joint tenancy by destroying the unity of title.
260
What happens to a lease upon the death of a joint tenant?
If a joint tenancy remains intact, the surviving joint tenant takes the property free of any lease executed by the deceased tenant.
261
What is a spendthrift trust?
A spendthrift trust prevents a beneficiary from voluntarily transferring their interest and protects the trust assets from creditors until distributed.
262
Can child support judgments reach a spendthrift trust?
In most states, child support obligations are an exception to spendthrift provisions, allowing ex-spouses and children to access the trust assets.
263
What is an anti-lapse statute?
An anti-lapse statute prevents gifts from failing when a beneficiary predeceases the testator, allowing the gift to pass to the beneficiary's issue unless the will provides otherwise.
264
What happens when a residuary gift lapses?
If a residuary gift lapses, it may pass to the remaining residuary beneficiaries or, under common law, pass by intestacy.
265
What is the legal standard for self-defense?
A person may use force in self-defense if they have a reasonable belief that they are in imminent danger of unlawful bodily harm, and the force used is proportional to the threat.
266
What is the plain view doctrine?
The police may seize evidence without a warrant if they are lawfully present, have a right to access the object, and its incriminating nature is immediately apparent.
267
What is the hot pursuit exception?
The police may enter a suspect's home without a warrant when they are in active pursuit of a fleeing suspect who has committed a serious offense.
268
What is the rule for suggestive identifications?
An identification is inadmissible if it is unnecessarily suggestive and likely to result in an irreparable mistaken identification, and the suggestiveness was arranged by law enforcement.
269
When is character evidence admissible in a criminal case?
Character evidence is generally inadmissible to prove conduct on a particular occasion unless the defendant opens the door by presenting good character evidence first.
270
What is impeachment by prior conviction?
A witness's prior conviction may be used to impeach credibility if it involved dishonesty or was a felony punishable by over one year, subject to Rule 403 balancing.
271
What is an adoptive admission?
An adoptive admission occurs when a party expressly or impliedly adopts a statement made by another as their own, making it admissible against them.
272
What is the merchant firm offer rule under the UCC?
A merchant's written and signed promise to keep an offer open for a stated time (or up to 3 months) is irrevocable without consideration.
273
What is the Statute of Frauds for goods contracts?
The UCC requires contracts for the sale of goods over $500 to be in writing and signed by the party against whom enforcement is sought.
274
What is a merchant's confirmation letter?
A written confirmation of an oral contract between merchants is binding unless the recipient objects within 10 days.
275
What is the difference between claim preclusion and issue preclusion?
Claim preclusion bars re-litigation of a claim that was resolved on the merits, while issue preclusion bars re-litigation of specific issues already decided in a prior case.
276
What is supplemental jurisdiction?
Federal courts can hear additional claims that share a common nucleus of operative fact with a claim over which the court has original jurisdiction.
277
What is the compulsory counterclaim rule?
A defendant must assert any claim arising from the same transaction or occurrence as the plaintiff's claim in the original action, or it is waived.
278
What is the reasonable child standard in negligence cases?
A child's conduct is assessed based on what a reasonable child of the same age, education, intelligence, and experience would have done under similar circumstances.
279
What is joint and several liability?
Each defendant in a negligence case may be held fully responsible for the plaintiff's entire damages when their actions combine to cause an indivisible injury.
280
What is the duty of care for a business invitee?
A business must take reasonable steps to ensure its premises are safe for invitees and to warn of or fix dangerous conditions that are not open and obvious.
281
What is the anti-lapse statute?
An anti-lapse statute prevents a gift from failing when a beneficiary predeceases the testator, allowing it to pass to the beneficiary's issue unless the will states otherwise.
282
What is a spendthrift trust?
A spendthrift trust prevents beneficiaries from voluntarily transferring their interest and shields trust assets from creditors until distribution.
283
What is the rule for improperly executed wills?
A will is invalid unless executed with the required formalities, such as proper signatures and witnesses, unless a harmless error doctrine applies.
284
When is a corporation bound by an agent's actions?
A corporation is bound by an agent's actions if the agent had actual or apparent authority, or if the corporation ratifies the unauthorized action.
285
When is a directors conflicting interest transaction valid?
A director's self-dealing transaction is valid only if approved by disinterested directors, shareholders, or if it is fair to the corporation.
286
What is the oppression doctrine in corporate law?
A minority shareholder may seek dissolution of a corporation if the majority acts oppressively, violating their reasonable expectations as a shareholder.
287
What is needed for a Covenant to run with the Land?
(mnemonic: PINT): Privity, Intent, Notice, and Touch and Concern.
288
Easement Implied by Prior Use Requirements
*Severance of title to land held in common ownership;
*The use giving rise to the easement was in existence at the time of the severance;
*The use was apparent and could be discovered upon a reasonable inspection; and
*At the time of severance, the easement was necessary for the proper and reasonable enjoyment of the dominant tract.
289
Easement Appurtenant
Benefits a parcel of land; the dominant estate.
290
Easement in Gross
Benefits a person or entity rather than a piece of land (no dominant estate).
291
Easement by Necessity
*Common ownership of the dominant and the servient estate, then severance; and
*Strict necessity for the easement at the time of severance.
292
Easement by Prescription
If someone actually, openly, notoriously, and exclusively uses land with hostile intent for the statutory period.
293
When does a chattel become a fixture
A chattel becomes a fixture if it is owned by the landowner and is so necessary or convenient to the use of the land that it is regarded as part of the land.
294
When does the land use regulation become a taking?
Elaine use regulation is a taking if it denies an owner all reasonable economically beneficial uses of his land.
295
What is the balancing test For all reasonably economically beneficial uses. under the 5th Amendment taking clause?
The court looks to determine
(1) The economic impact of the regulation on the claimant
(2) The extent to which the regulation has interfered with distinct investment back expectations.; and
(3) The character of the government action
296
What is required for transfer of interest and property under the statute of frauds?
1. Description of the property
2. Description of the parties
3. Price.
4. Any condition of price or payment if agreed on
297
What is a Novation?
The transferee of real property and the mortgagee Agree that the transferee We'll assume the mortgage and the mortgage or will be released from liability
298
What are the requirements for adverse possession
Open, actual, exclusive, hostile, and continuous for the statutory.
299
Notice Statute
Subsequent bona fide Purchaser without notice wins
300
Race-notice statue
Subsequent bonafide purchaser without notice who records first
301
Covenant of Seisin
grantor promises that he owns and possesses the estate granted
302
Covenant of the right to convey
Grantor promises that he has the right to convey the property
303
Covenant of encumbers
grantor promises that there are no encumbrances on a property
304
Covenant of quiet enjoyment
grantor covenants that the grantee will not be disturbed by superior claim.
305
Covenant of warranty
Grantor guarantees that he will assist in defending title against lawful claims and will compensate the grantee for losses sustained by an assertion of superior title.
306
What Elements Are Required to Creat a Valid Trust
307
Conflicting Interest Transaction
A director’s conflicting interest transaction is one between by the corporation and the
director of which the director had knowledge and a material financial interest. A direct
financial interest means a personal profit or a profit for a close family member
308
When is a conflicting interest transaction permitted?
A director’s conflicting interest transaction is permitted if the material facts have been disclosed and fully described to the board, and the transaction is approved by a
disinterested majority of directors. Once qualified directors authorize the transaction, the business judgment rule applies.
309
Duty of Loyalty (Corporation)
Each director of a corporation has a fiduciary duty of loyalty to the corporation not to
promote their own interests in a manner injurious to the corporation. A breach of the duty of loyalty may arise where the director has business dealings with the corporation in which the director has a direct financial interest. However, a director has not breached his duty of loyalty where the transaction was fair to the corporation.
310
Duty of Care (Corporations)
Directors of a corporation must perform their duties in good faith; in a manner
reasonably believed to be in the best interests of the corporation; and with such care as a person in a like position would use under similar circumstances. A director may be liable for harm to the corporation where it is proven that the director was not informed to an extent the director reasonably believed appropriate in the circumstances.
311
What is the Family Privacy Doctrine in a common-law jurisdiction?
The Family Privacy Doctrine states that a family’s home is subject to privacy, and its internal affairs generally cannot be regulated or interfered with by the government or the courts (McGuire v. McGuire).
312
What property rights do married women have in a common-law jurisdiction?
Married women have the right to property held before or acquired after marriage. They can contract with their husbands or third parties, grant or receive conveyances of real or personal property, and sue or be sued in their own right.
313
Do spouses have a duty to support each other during marriage?
Both spouses have a duty to support each other; however, that duty does not legally exist during marriage.
314
When do state child welfare agencies intervene in family matters?
State child welfare agencies intervene when the welfare of a child is endangered, including cases of neglect or medical endangerment.
315
What right of privacy does the U.S. Constitution imply for families?
The U.S. Constitution implies a right of privacy that protects parental decisions regarding childrearing and the decision of whether or not to have children.
316
Do parents have the right to refuse medical treatment for their children?
Parents must consent to medical care for their children except in emergencies. If parents refuse necessary medical treatment to save the child’s life, they may be found guilty of neglect, and a guardian may be appointed to make medical decisions.
317
What standard is used to determine child custody under the Uniform Marriage and Divorce Act?
The best interest of the child standard is used, examining all relevant factors affecting the child's well-being and welfare.
318
When can a parent's rights be terminated?
A parent’s rights may be terminated if they are found to be unfit, such as in cases of neglect where the child has been denied necessary care, guidance, or control for physical, educational, moral, or emotional well-being.
319
Can courts consider religion in child custody decisions?
No, courts cannot consider religion in child custody decisions due to the Establishment Clause, which prevents courts from favoring one religion over another.
320
Under what circumstances may a federal trial court certify an interlocutory order for appeal?
Federal trial courts may certify an order for appeal when: (1) the order involves a controlling question of law that is under significant dispute; and (2) providing an immediate appeal from the order may significantly expedite the litigation. As such, this is the best answer.
321
What are the damages available if there is an anticipatory breach?
The aggrieved party may choose to
treat the anticipatory breach as a breach of contract, and either cancel the contract or bring an action for damages or specific performance
322
Criminal battery
Criminal battery is the intentional, reckless, or criminally negligent unlawful application of force to the person of the victim
323
Malicious prosecution
the institution of criminal proceedings by defendant, done for an improper purpose, and without probable cause, which terminate favorably to the plaintiff, and which cause the plaintiff damages
324
periodic tenancy
tenancy that is described for a period of time
325
When can an expert testify?
If he possesses specialized skill, knowledge, education, or training, and if that person's knowledge will assist the jury in understanding the evidence at issue.
326
Does transferred intent apply to attempt crimes?
No
327
What are the requirements for Mutual mistake?
(1) the mistaken assumption relates to a material fact; (2) the mistake was made by both parties; and (3) the disadvantaged party did not bear the risk of mistake under the contract.
328
When does a party have third party standing? (Con Law)
1) the third parties will experience difficulty in asserting or are unlikely to assert their own rights; and 2) a special relationship exists between the plaintiff and the third parties.
329
When will work product be discoverable?
If a party has a substantial need and cannot, without undue hardship, obtain the substantial equivalent elsewhere.
330
What are the Categories for a charitable trust?
(1) the relief of poverty; (2) the advancement of education; (3) the advancement of religion;
(4) the promotion of health; (5) the performance of governmental and municipal purposes (such
as maintenance of parks); and (6) other purposes beneficial to the community.
331
May a secured party ask a third party to make payments to it upon a debtors default?
If the collateral consists of accounts receivable, instruments, or chattel paper, the secured party may, upon the debtor’s default, notify the person obligated on the collateral to make payment to the secured party. The notification must: (1) be authenticated by the secured party or the debtor; and (2) reasonably identify the rights assigned. Once notified, the account debtor may discharge its obligation only by paying the assignee and is not discharged by paying the original obligee.
332
What is required for constructive
eviction?
(1) the landlord must withhold something essential to the full enjoyment of the property that is included within the terms of the lease or is required by statute; (2) the landlord’s act or failure to act must substantially and permanently interfere with the tenant’s use and enjoyment of the premises; and (3) the tenant must move out.
333
shopkeeper's privilege
A defendant-shopkeeper is not liable for false imprisonment if he has a reasonable suspicion that the plaintiff has stolen goods, uses reasonable force to detain the plaintiff, and detains the plaintiff for a reasonable time.
334
statement against interest.
(1) the declarant be unavailable at trial; (2) the statement was contrary to the declarant's pecuniary, proprietary, or penal interest, or tended to subject the declarant to liability when it was made; and (3) a reasonable person in the declarant's position would not have made the statement if it was not true.
335
What does it mean to have minimum Contacts?
1) the defendant must have established a minimum contact with the forum state; 2) the claim against the defendant must arise from that contact; and 3) the exercise of jurisdiction must not offend traditional notions of fair play and substantial justice.
336
When is a PMSI in consumer goods perfected?
A PMSI in consumer goods
perfected automatically and permanently upon attachment without filing
337
Does a secured Party have an interest in the Proceeds ?
Proceeds include whatever is acquired upon the sale, lease, license, exchange, or other disposition of collateral.
When collateral is disposed of, the secured party automatically obtains a security interest in the identifiable proceeds of the collateral.
A perfected security interest in proceeds is automatic when the security interest in the original collateral is perfected.
338
Larceny
the intentional taking and carrying away of personal property in the possession of another without consent with intent to deprive the person of his interest in the property
339
What is a De Facto Corporation?
If statutory compliance is insufficient for de jure status a de facto corporation may still have been formed if:
1. A good faith colorful attempt was made to comply with the incorporation status; and
2. The corporate principles in good faith acted as if they were a corporation.
340
When a corporation by Estoppel Formed?
If a creditor always dealt with the principles as if they were a corporation, he will be stopped from later alleging that the corporation is defective if that would unjustly harm the principles.
341
What are the fault based divorce reason?
Desertion, constructive. constructive desertion, adultery, impotence, cruelty, mental cruelty.
342
Division of debts at divorce
Marital deaths and liabilities are assigned in accordance with equity demands.
343
What is a Exculpatory Clause?
A provision in the trust instrument that relieves the trustee of liability for potential wrongful acts.
344
When is a trust revocable?
Under common law irrevocability of trust is presumed unless the right of revocation is reserved.
Under the UTC, The settler may revoke or amend the trust unless the terms of the trust expressly provide that is irrevocable..
345
What are the requirements for a valid will?
To be valid a wall must be executed by a competent individual, 18 years of age or older, with the requisite intent, in accordance with the prescribed statutory formalities.
346
Does a validly Executed codicil cure defects in the execution of the will?
Yes
347
What is a spouses elective share?
A surviving spouse has a right to decline to take under the will or pursuant to the intestine statue, and instead may choose to take an elective share amount equal to 50% of the value of the marital property portion of the augmented estate.
348
When must service of process occur?
Service of process must occur within 90 days of filling the complaint
349
What defenses are never waived?
Subject matter jurisdiction, Failure to state a claim upon which relief can be granted, failure to join the party
350
What is Intermediate scrutiny?
A law will be Upheld if it is substantially related to an important government interest.
351
What are the limitations on the jurisdiction of the federal courts?
Ripeness, abstention and adequate state grounds, mootness, political question, standing (RAMPS)
352
What can congress regulate under the commerce clause?
Channels of interstate commerce, Instruments of interstate commerce, activities that substantially affect interstate commerce
353
Claim preclusion
Same claim, same parties, final judgment, on the merits
355
Issue preclusion
Same issue, actually litigated, actually decided, necessary
356
What is need for a covenant to run with the land?
PINT: Privity, Interest, notice, touch and concern
357
What is needed for Joint Tenancy
TTIP: Time, title, interest, possession
358
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