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Business Law 2 > MLS Test Two > Flashcards

MLS Test Two Flashcards

(77 cards)

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1
Q

two main sources of law

A

court made and enacted

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2
Q

difference between the govt codifications USC vs USCA

A

annoted

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3
Q

how do we search for a statute

A

by common name or citation

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4
Q

if we dont know the citation how do we search for a statute

A

subject matter index

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5
Q

what do we look at when analyzing a statute

A

what is the legis trying to accomplish
what is the legis purpose
can you satisfy each element and make a list of elements with clients facts

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6
Q

set forth in const statutes and admin regs that lay down specific requirements

A

enacted laws

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7
Q

what type of conduct do statutes deal with

A

future

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8
Q

court will create new common law when

A

there is no law governing the situation
court decides to overrule a prior decision
court disagrees w/ statute covering a situtaiton

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9
Q

set of books that contain appellate court decisions in chronological order and divided into volumes

A

case reporters

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10
Q

official case reporters

A

state or federal statutes

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11
Q

unofficial case reporters

A

west or private co

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12
Q

new common law is made by court b/c there is no law covering a decision on this issue

A

case of first impression

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13
Q

court opinion that est new law in that area

A

landmark decision

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14
Q

what does IRAC stand for

A

issue, rule, analysis, conclusion

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15
Q

what info is in the court citaiton

A

name of case, where its located, court decided it, and year

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16
Q

printout of the case prior to being placed into the case reporter hardcover

A

advance sheet

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17
Q

why is it important for a judge to sometimes write a dissent

A

keep the majority honest
limit rulings precedential effect
hope that a later court will see wisdom of dissent

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18
Q

steps in legal research

A

identify your search terms
go to secondary authority first
go to primary authority
update your research

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19
Q

pamphlet inserted into back of book w/ updated info since book was published

A

pocket part

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20
Q

when do you know when to stop researching

A

when you keep finding the same references in different sources

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21
Q

goal in conducting research

A

find primary authority

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22
Q

in writing analysis you should prefer to use a case…

A 
from highest appellate court
decided recently
facts similar to your case
decided by a unanimous court 
written by a well known and respected judge
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23
Q

attorney client confidence in what kind of code

A

ethics code

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24
Q

attorney client privilege is what kind of code

A

rule of evidence

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25
confidential information applies to what type of client
potential, active, prior clients
26
two types of conflicts with attorneys
personal or bus interest | present/past client
27
four part test to satisfy attorney-client privilege
the client made a statement to a paralegal or attorney while seeking legal advice no unnecessary persons were present
28
all firm treated as though they represented prior client
vicarious
29
what should paralegals do to avoid problems
never meet w/ new client w/o attorney, id their status, not to disclose any info
30
what constitutes a contract
offer, acceptance, counter offer, consideration
31
courts dont care if parties made a poor bargain b/c
want people to be free to enter into contracts people become sue happy in attempt to get out of contract want security of relying on contract made between people
32
difference between contract and gift
no consideration with gift
33
requires that certain contracts must be in writing to be enforced
statute of frauds
34
tangible object or right to an ownership interest
property
35
land and items growing on or permanently attached to land
real property
36
all property that is not real
personal property
37
goods that can be touched or moved
tangible property
38
stock certificates, patents and intellectual
intangible property
39
absolute ownership, free from any condition or restriction
fee simple
40
right to title of real property that extends for some other indeterminate period of time
freehold
41
gove a person certain ownership rights for a limited period of time but title remain in the hands of owner
leasehold
42
current owner retains ownership only as long as certain conditions are met
conditional fee (land K)
43
gives the life tenant ownership until they die, then reverts back to original owner
life estate
44
own solely
severalty
45
ownership by 2 or more people, dont have to be equal shares, upon death persons shares passes by will or intestate
tenancy in common
46
ownership by 2 or more persons who have equal rights, when one tenant dies, that persons share passes to the other joint tenants
joint tenancy w/ rights of survivorship
47
applies to married couples only, neither party can transfer property w/o consent and upon death of one the entire property goes to other
tenancy by entireties
48
a provision in a deed that prohibits specified uses on the property
restrictive covenant, easement
49
unintentionally parted with an item and cant find it
lost property
50
unintentionally placed an item somewhere and the forgot where you put it
mislaid property
51
deliberately placing item somewhere w/ no intention of reclaiming it
abandoned property
52
temp transfer of personal property to 3rd party
bailment
53
total or real and personal property owned at death
estate
54
die with a will
testate
55
a supplement or addition to a will that modifies the current will
codicil
56
process of court supervision over distribution of a deceased persons property
probate
57
steps to distribution of estate
petition and fee letters of testementary reporting & inventories probate a will
58
codes of attorney ethics
MCPR and MRPC
59
types of concurrent conflicts
``` actual conflict (involves adverse parties) potential conflict (conflict may arise in future) ```
60
representing someone who is in a position adverse to a prior client
successive
61
courts are loath to disqualify a firm b/c a conflict of interest due to
client rights to counsel of their choice attorneys interest in rep a client financial burden of client of replacing disqual counsel possible tactical abuse underlying the disqual proceedings
62
public or private statement that an attorneys conduct violated code of ethics
reprimanded
63
determination that an attorney may not practice law for a set time frame
suspended
64
revocation of an attorneys license to practice law
disbarred
65
unauthorized practice of law for paralegal
misdemeanor charge
66
4 categories of court opinions
interpreting and applying enacted law deciding the constituitionality of a law applying established common law principles creating new common law principles
67
binding decision from a higher court in same jursidiction
mandatory or primary authority
68
nonbinding decision that includes primary authority and secondary authority
persuasive or secondary authority
69
supports a limited role of the judiciary in changing the law
judicial restraint
70
supports an active role for the judiciary in changing the law
judicial activism
71
a narrow interpretation of the statute, used in criminal law
strict constuction
72
a broader interpretation of the statute, used in remedial civil cases
liberal construction
73
process of organizing statutes by subject matter
codification
74
process of using citations to check to see whether there has been any subsequent history or treatment by other court decisions about the case you are using to support/distingush client position
shepardizing
75
purpose of shepardizing
find parallel citations find subsequent history find out what later courts have had to say about case
76
used to describe a case that is similar to another case
on point
77
term used to describe two cases that are almost identical with similar facts and legal issues
on all fours

Business Law 2 (8 decks)

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