Mnemonics Flashcards

Question

Promoters and Liability of Corp for K prior to Incorp

Answer 1

Generally no unless E or I Adoption. E = OA + KMF I = AB. C/Acq by Pw/A + KMF Promoter = lib unless 1) Novation or 3) ASS that P not bound.

Answer 2

**Fund, NORA(s)** Fundamental Rights National Original Race Alienage(state only)

Answer 3

**SING** Dido, "… for renting me the worst place ee of my life" Sub Interference Notice Goodbye

Answer 4

Pending case in court can lose its justiciability and become moot. Usually, a case or controversy must exist throughout all stages of federal judicial proceedings, and not just when the lawsuit is filed or when review is granted by an appellate court. ## Footnote Exceptions: **RAT** **R**estart easily **A**ction of class **T**ime-limited injury (pregnancy)

Answer 5

* *Should**, **Can**, If not, **Proceed**? 1. S - **MO NO NO** 2. C - PJ + SMJ 3. If not, should the show go on? Court better decided **ASAP**. ---- **A**nother court can hear if let go **S**hape relief to protect As interests (all or nothing?) **A**dequate judgment w/o A **P**rejudice to A or πs if ct decides

Answer 6

Law- DeNo BTF - CE Discretion - Discretion (Abuse of) JTF - Affirm, unless unreasonable No reversal req'd if harmless error.

Answer 7

1M. SW w/ HOE 3max. If no Time, RT.

Answer 8

Unilaterally Give Away Signed Football MITTS + murder of co-JT

Answer 9

**PEC** **P**romise Against False Fact **E**quitable Conversion **C**ovenant of Marketability NO - IWH. Caveat Emptor. Except - builder of NC - workmanlike construct

Answer 10

KF or RD4T need CCE

Answer 11

Oh Man F U

Answer 12

Gov taking away FE. 1. **GLNA**? If no, strike unless survive SS. If yes, RBT. 2. Was religion? **Sin, not T**

Answer 13

**SIR**, you f\*\*\*\*ing left? Surrender Ignore (min) Re-let (maj)

Answer 14

PA + RF + no DF

Answer 15

"and this is how we create periodic tenancy, e i e i o..." **E I O** **O = O in violation of SoF** ------ Express, Implied, Operation of Law O = Oral in violation of SoF

Answer 16

***Criminal*** law alternation in **EPF** Extremely Prejudicial Fashion

Answer 17

**VIL**e behavior Violence Immediately Likely

Answer 18

VoS CoP CoH Violation of S = PC

Answer 19

If PAM C dissents, she gets appraisal rights Preemptive, redemptive or other share of ownership rights affected Asset sale \> 75% Merger or consolidation Cumulative Voting rights affected

Answer 20

CRATES Choice of Law Rem/Add Tolling of SoL Elements of claim SoL

Answer 21

**FMV** *@ time of taking* (benefit to gov irrelevant)

Answer 22

I wear PJs 1. IA by E 2. PC&D 3. JFR

Answer 23

Writ of Cert: state - **Final** **High** school **no IQ** fed - all cases Appeal: **3PJ** for **IR** ------ Final judgment from state ct Highest state ct judgment no IASG no Question federal 3 Judge Panel for Injunctive Relief

Answer 24

1. AP: PMSI in CG 2. P 3. C (only way to perfect deposit acct & money) 4. NoLoCoT 4. UCC1

Answer 25

**CAMPERS** Contraception Abortion Marriage Procreation Education, right to decide how child educated Relations w/ family Sexual contact

Answer 26

You can't sue **STATE** unless you bribe it with **Sweet Warm π 3.14** but you can sue **STATE** **OFFICERS** w/ **ED** or **LOCAL for anything.** **-------** State Waives π = State/Fed 3 = B = Bankruptcy 14A - Congress abrogates when passing law under 14A ----- * *E**njoin future conduct that violates Constitution or fed law * *D**amage against officer personally

Answer 27

(De) Facto Corp (1) Relevant incorporation statute - auto true in every state. (2) **F**aith (good) attempt to comply w/ statute (3) **C**orporate Privileges exercised

Answer 28

Officer, MAGA or SLM - 1) where fed ct sits or 2) where SoP Officer, General Agent, Managing or Any other Agent Appointed.

Answer 29

Abs: ELH CB BS Qualified: PER; R = RAP Public Interest/Hearing Employer Ref Call Reputation, Action, Property

Answer 30

Since ∆ is not a **VIP**, he must bring these defenses or he waives ## Footnote **V**enue **I**mproper P or SoP **P**J

Answer 31

**economic realities** of the transaction. Commitment to make payments for a term lease is equal to or greater than remaining econ life of the goods renew the lease for the remaining econ life option to renew @ end for no additional consideration option to become owner @ end for no new consideration

Answer 32

**OF CACTI,** because cacti are prickly, so gov wont touch ## Footnote Obscenity Fighting Words Commerical Speech - FMI Actual Malice Defamation Child Porn True Threats Incitement

Answer 33

Generally not going to, but now I going to revoke an offer to bang, because my v now rubbed raw 1. Value sub impair 2. No sub change by B in condition 3. RB that NonConform cured or D2D or bc Seller Assure 4. RT after discover or should have discovered - revoke

Answer 34

Who? RO on RD unless D or VP. or VA. 1. Q 2a. Elect D: plurality 2b. Remove D: maj entitled 2c. Fund Corp Change: maj entitled 2d. Other: maj vote 1 OutS = 1 Vote (class irrelevant); no Vote for TreasureS

Answer 35

**PLV** Physical Violence Likely

Answer 36

**A PDF** **Defenses: MA** (no) **A**lteration after left hands of ∆ **P**roper π (no privity req'd) + proper ∆ (commercial seller) **D**efective when left hands of ∆ **F**oreseeable use or misuse ---- **M** = Misuse unreasonable **A** = Assume risk - K + V

Answer 37

IT LAMA ## Footnote Int Treat Law of Foreign Ask Foreign Mail by clerk Any other method not prohibited (If A - where Reasonably gives Notice)

Answer 38

3 per side.

Answer 39

**PP SLAP** Possession @ home can't be banned. If not **O**, can be Zoned if **ACC** (protect kids, prevent crime)

Answer 40

**I GoLF** **I**ntentional **G**overnment taking **O**f **L**ife, lib, prop w/o **F**air process

Answer 41

**25, 26, 30+3 Reasonably Party Contending Business Trial** ## Footnote * *25**: max, including subparts * *26**: only after 26(f) conference * *30** + 3: how long in days to respond (+3 for mail) * *Reasonably** Avaliable to you, can't say don't know * *Parties** only * *Contention** interrogatories ok * *Business** records - burden same to both - can give to other party * *Trial** - can't use own answer to interoggs

Answer 42

**PERIoD TPop**. Except: **SPEAL** Cong: Exact Math State: \< 16%ish. Dev RR to LGI ----- **P**opular **E**lection **R**epresentatives of **I**ndividual **D**istricts. **T**otal **Pop**, not just voters 1. **S**pecial **P**urpose **E**lection, 2. **A**t **L**arge

Answer 43

CB: SS CN (TPM): **CNN I ACC** CNN is so horrible, when i hear 'CNN, I ACC' (throw up). Content Neutral Narrowly Tailored IGI Alternate Comm Channel

Answer 44

Regulatory v Physical Regulatory: **FLAME**(u) or **ICE** Phys: **RODE** I physically RODE my bike ------- FLAME: **F**ully **L**ose **A**bility **M**ake **E**conomic (**u**) OR ICE: **I**mpact on $$ use of land * *C**har gov action * *E**xpectation of Investment-Backed Interference RODE: **R**egular **O**ccupation unless **D**evelopment (utility easement) or **E**mergency

Answer 45

**WoE** Woeee, you want a New Trial?! ---- Weight of Evidence

Answer 46

**CIA** A: Econ - RBT that SIA Non Econ - Congress FF of SubE on IC

Answer 47

Don't F\*\*\*With Virigin Spouse

Answer 48

**no** **RJ** could **SERV** Party fully heard on issue during JT. **No R**easonable **J**ury could find **S**ubstantial **E**vidence in **R**ecord for **V**erdict.

Answer 49

**SAL**, my live-in bulter can be served process for me ## Footnote **S**uitable age **A**bode (summer home fine) **L**ives there

Answer 50

I'm going to **SEND** this back to state ct because I don’t want to exercise SuppJx ## Footnote **S**tate law predominates **E**xceptional cir Novel/complex issue of state law **D**ismissed all other w/ OG jx

Answer 51

**ICE** Interest Coupled, Estoppel

Answer 52

the SH want to **BOW** out of the corp when: **B**oD vacancy not filled @ consecutive SH mtgs **O**ppressive Ds **W**aste

Answer 53

**N**ow, im going to **LUBE** you up because youre not going to like it when i sue to enforce this ES. ## Footnote Neighborhood sig change Laches Unclean Hands Benefitted party said ok Estoppel

Answer 54

CS + Notice Defense: ∆ in conditions

Answer 55

**FICE;** Look @ use by ∆ Farm Equipment Inventory Consumer Goods Equipment

Answer 56

Talk Dirty Like Nicki T - TI (time immemorial) D - PT (Particular Time) L - PP (Particular Purpose) N - NO (No Speech)

Answer 57

**IRC** **I** = **CPH** unless **CEstS or OT** Concrete or Particularized Harm Congressional Spending re Est Clause Own Taxes

Answer 58

**C**an **S**tand **F**or **O**thers C: BUR S: AARC F: SubO + notComm O: BIRD \_\_\_\_ Close Relationship - **B**oth harmed, **U**nlikely/unable to sue, **R**ep adequate Seller of Goods: **A**dversely **A**ffects **R**ights of **C**ustomers Free Speech Overbreadth unless 1. comm speech 2. SubO Organization: **B**oth harmed, **I**njury **R**elated, **D**amages not individual

Answer 59

**P - SRA F - QWF**

Answer 60

**S**ubject to = **S** only liable

Answer 61

CL: PED unless EFU, to 3rdP, HD UCC: GF (HinF + ROCS)

Answer 62

**I C 14 MICE** (think: my decision to buy house isn't final if I C 14 MICE) Injunction Class action cert - 14 days Multiple claims/parties Interlocutory Appeals Act Collateral Order Doctrine Extraordinary Writ (mandamus or Prohibition) - get judge to do something (mandamus) or not do something (prohibition)

Answer 63

**IRA** Intent to give SI Reasonable ID of collateral Authentication by D

Answer 64

Diff Judicial System. no T, DoS no transfer, dismiss or stay.

Answer 65

SEMI for I - BAN Scope of Employment Employee Minor Detour, not Frolic Intentional Torts - only if Benefit, Authorized, Nature of relationship

Answer 66

PS SS SoA SLM Mail - requesting waiver (copy of complaint + 2 copies of the waiver form)

Answer 67

11 REIndeer Went 2 SAW VET (as proxy for Santa's elves). 11 months valid Revocable unless Expressly Stated or Interest Coupled Writing - no oral. 2+Ps - Last Win Verified Electronic Transmission Signed Appointment Writing (Form)

Answer 68

**SEW** Symbols Expressive Conduct Words

Answer 69

The judge is the **DAD** of a class action cert. ## Footnote * *D**efine the class, issues, claims, defenses * *A**ppoint class counsel. * *Di**scretionary with court

Answer 70

E or I. Based on A's belief from Ps reps. I = C2ANE: Cust, Con, Acq, Nec, or Eme. Terminates: DIRT, ∆Cir Death, Incapacity, Reasonable Time

Answer 71

FR, ZoD, PD (unless FDR, CR, MC)

Answer 72

ImpRACTcAbility RA by no Ps Cir U Too much $$ + not AntiP by Ps

Answer 73

CLAPS Common Area Latent Defect - Warn Assume repair Public use Short Term Lease

Answer 74

Voiable if BAM no AssR Basic Assumption Material Effect no Assumption of Risk

Answer 75

1. C2D AND 2. Release OG from Lib

Answer 76

API + FRP Show: ABCCDEF Alter Ego Bad faith use of corp form Commingling Create to perpetrate fraud Deception of Creditors Enter business undercapitalized Fail to Follow Formalities

Answer 77

CF, No2P. Thus, NB. But condition excused if 1. PP F2C or 2. Waiver

Answer 78

BEPA Term P: WEB

Answer 79

see excel. Consideration Signed by P2BC Description of Land Writing

Answer 80

Shit, Say Demand 1. SMJ 2. SPSC 3. D4R unless Fraud/Mistake

Answer 81

SH file to show IF WOUld harm SHs or Corp. Illegal, Fraud, Wilfully Oppressive or Unfair

Answer 82

**ABCCDIIG** Accounts (Business) Deposit Accounts Chattel Paper Commerical Tort Claims Documents Instruments Investment Accounts General Intangibles

Answer 83

BM. RTAOA. W Suff under SOF. BindS. If R2K + no obj in 10 days - BindM2.

Answer 84

PNG2US or PBS are R2SoP Includes general police power; no commandeering by fed gov ----- Powers Not Granted 2 US or Prohibited by States are Reserved for the States or the People.

Answer 85

HAD Really Frosty Cold Drink Because Drinks are Liquid

Answer 86

see excel (not approp) Intend Signed by G Grantor/Grantee. Grant can fill in. Description of Land. Writing.

Answer 87

This IS WUT I will do if you repudiate. Imm Sue Wait until perform due Urge Performance Treat as discharged

Answer 88

Clerk enter if - **no** **RIM** + **Certain Sum** Otherwise, need Judge. Notice by Judge unless no R. Notice = 7 days no Reponse @ all Incompetent Minor Certain Sum

Answer 89

FIBS F2W Identifiable Victim Believe Real Risk Serious Physical Violence

Answer 90

``` Newspaper = SS Radio/TV = IS ```

Answer 91

PAINS (PC) Purpose Agent + street address of registered office Incorporator Name of Corp + magic words (Corp, Company, incorp, LLC) Shares Authorized Optional: Preemptive Rights Cumulative voting

Answer 92

**Very Round Ass** ## Footnote **V**alue given by SP **R**ights in the collateral by D (Security) **A**greement (oral, pledge; written - SA)

Answer 93

FAK - M Only B under UCC

Answer 94

LCEB Legit Claim or Entitlement to Benefit

Answer 95

1. FD 2. DAFNL 3. DIDI ----- Facially Discrim Discrim App of Facially Neutral Law Disparate Impact + Discrim Intent

Answer 96

if gF + BIOCorp BoP on ∆. Dont be C\*\*\* Conflicted Interest Transaction Usurp Corp Opp No competition Trading insider info

Answer 97

**I or R** Threat **SBH**

Answer 98

Its not a FAD to want no liablity as a director Fair @ time entered into Approval by Disinterested Directors or SHs

Answer 99

**IG** illegit gender

Answer 100

PTR = deliver PG @ PT. Unless 1. install K = SubPerform 3. S RB Acceptable based on past. If not PTR, AA, RA, AP

Answer 101

YPWS Years, Periodic, @ Will, Sufferance

Answer 102

Because coach w/o prejudice, Sally Plays Junior Volleyball Specified in order Party indispensable under R19 Jx improper Venue improper

Answer 103

**MR**3, this place sucks. Move Repair Reduce (escrow for GF) Remain

Answer 104

**TFP** or **SSI** Traditional Public Function or State Significantly Involved

Answer 105

For the LIFE of me, I can't figure out why you won't just present this opp to the BoD first Line of business Interest Found on co time/resources Expectancy

Answer 106

**RED**. Remedy Past Discrim in place Emergency/war Diversity in higher ed

Answer 107

**Nasty City RAT** Can collaterally challenge AR, not T

Answer 108

A DAMN SALAD AMEND AoC that changes quorum, max/super majority, preemptive or culumative voting rights and or corporate purpose DISSOLUTION (voluntary) ASSET sale, lease or exchange (\>75% of assets) MERGER or consolidation NAME change SURETY interests in debt not acquired for corporate purposes change of AGENT for service of process change of LOCATION of corporate office ABOLISHING or limiting directors' liability for negligence DIRECTOR loans

Answer 109

State and Fed. **Bill**, don’t give me **LIP**. Legislative Individual Punishment w/o judicial trial.

Answer 110

Reasonable unless VBP. Then use SS.

Answer 111

Wine, Root Beer, SODA, Red Tea 1. Writing 2. RB no P 3. SODA P until receive AA 4. RT - response. \< 30 days under UCC. Fact Q.

Answer 112

CS in OoL Concrete Stake in Outcome of Litigation

Answer 113

VFJ on M. No relitigation. SID. Because **SID** is a bad kid in Toy Story. **S**ettlement, **I**nvol **D**ismiss

Answer 114

Expressive Conduct is done on **FaceBook** or **In Real Life** **FB** or **IRL(2c)** ----- Flag Burning Intended + Reasonably Likely to convey

Answer 115

KAM. Not conflicted about how I feel about KAM. D has Knowledge Approves Material Financial Benefit

Answer 116

NAPA under C for AltP. CR. NO Discharge, SODA. Until S, lib under O and A.

Answer 117

FRAUD False Statement (mis)Representation Actually intended for π to rely Understandable Reliance by π Damages

Answer 118

**PSI vs. FAGE** Need **FUD** Can waive if **K + V** ---- **P**rocedural **S**afeguard & **I**nterest versus **F**iscal **A**dministrative **G**ov **E**fficiency **F**air process + **U**nbiased **D**ecisionmaker

Answer 119

switch @ date of Foreclosure sale. FSP.

Answer 120

Ass induced by IT leave NRA. (snowden)

Answer 121

90 days of filing the complaint, unless π shows good cause. Court must either 1) dismiss w/o prejudice or 2) order that service be made w/in specific time.

Answer 122

**GUST** I indirectly am blown over by GUSTs. **G**eo **U**niform in **S**tates **T**here

Answer 123

ass**UME** **U and ME** both liable

Answer 124

Process: **ONO,** **W**hat **D**elicate **S**kates! If Corp doesn't like how you use them, must file suit to determine Fair Value! 1. File Objection to transfer b4 or @ SH meeting where vote will take place 2. Not vote for plan 3. Send corp written demand for FV of shares 4. Deposit shares w/ corp as directed 5. If Corp doesn't want to pay SH demand, corp must fil suit to have ct determine FV

Answer 125

SIKE SW by P2BC Identifies subject matter indication that K made EssT (CL = MT; UCC = Q)

Answer 126

in 1905, einstein Enabled science by New Expansion/Creation of Relativity. E = mc2 was Congruent/Proportional to his knowledge of History. Enabling Clause to enforce 14A. No expansion or creation of new rights. Only to remedy violations cts make explicit. Congruent and proportional.

Answer 127

Write: Power over Parties. Fed ct can exercise to the same extent as the State courts where the fed dist ct is located. The state statute must authorize PJ + must comport with the constitutional requirements of due process. When states Long Arm statute = full extent of Con, analysis mergers. Thus we ask: does ∆ have such min contacts w/ the forum so as not to offend the traditional notions of fair play and sub justice? **Relatedness?** Gen v Specific Jx. Specific = arises from ∆s contacts w/ state. Must be connection between FS and underlying controversy. **Contact?** PA + Foreseeability **Fairness?** State, πs interest, ∆s interest. Burden on ∆.

Answer 128

SIR. Surrender - Ts liability determined based on whether L accepted Ts surrender. Surrender has to satisfy SoF. If not found, T remains liable (Rent - Fair Rental Value). If yes, no liability. \_\_\_ Ignore Relet

Answer 129

Student: NO unless **SubD or DU** School: Yes if **RR** to **ATI**. Include **CirruS**. ATI = actual teaching interest CIrruS = cirrcular activity of school

Answer 130

**FAZE**. 1. **F**uture interests w/o agreement 2. **A**dverse Possession, unquieted 3. **Z**oning ord violation 4. **E**ncumberances (servititudes, mortgages)

Answer 131

These Idiots Will Score, 2+ 18 1. Testamentary Intent 2. Written 3. Signed by T (liberal definition) 4. 2+ Ws of T's signing (or T's acknowledgement of previous signature or will) 5. 18+

Answer 132

If I **DIE**, I want my referenced document incorporated in the will 1. **D**escribe writing sufficiently in will to permit its identification AND 2. **I**ntent by T to incorporate the writing 3. **E**xistence at time will was executed

Answer 133

Contestant is trying to **DIPP** into Ts stuff by invalidating will 1. **Di**sposition: Disposition being made in will 2. **I**nstrument: Nature of the instrument that T is signing 3. **P**roperty: Nature and extent of her property 4. **P**eople: Persons who are natural objects of Ts bounty (family members)

Answer 134

Final OPUS to take Ts shit. 1. Opportunity to exert UI 2. Participation by wrongdoer in drafting of the will 3. Unnatural Result 4. Susceptibility of T to UI (physical, mental, or financial)

Answer 135

CL: earlier will **automatically** revived if subsequent revoked Modern: PIE, because **PIE** revives your blood sugar. OR republication/reexecution. UPC: partial revocation by subseqent instrument --\> auto revival unless T did not intend revival. ----- **P**hysical Act Revocation of W2 **I**ntent to revive **E**xistence of W1 still

Answer 136

**CIRCA** **C**ollected/distributed on account of collateral **I**nsurance payable by loss of collateral **C**laims arising from loss/nonconformity/defect/interference w/ collateral **R**ights from the collateral **A**cquired on sale, lease or other disposition of collateral

Answer 137

**CAN** (1) Common Carrier (2) Arrangements for delivery (3) Notification to Buyer

Answer 138

ABCDE ## Footnote 1. Act as a reasonably prudent investor 2. Balance return with Potential Risk 3. Commingling not allowed 4. Diversify investments 5. Earn reasonable rate of return (keep trust productive)

Answer 139

**JANS2** Creditor cannot reach a B's spendthrift trust interest except 1. Judgment creditor who provided services for the protection of Bs interest in the trust 2. Alimony or child support 3. Necessities-provider (in some states only) 4. State or fed gov claim (federal tax lien) OR 5. Settlor = Beneficiary. (where S retains an interest - revocable trust)

Answer 140

POV B'GOSH (1) Paint on car (2) Open Fields (3) Visible from public airspace (4) Bank account records (5) Garbage at curb (6) Odor from property (7) Sound of voice (8) Handwriting

Answer 141

You have to be **SHARP** to play jeopardy (1) **S**eparate trials for charges requested by ∆ (2) **H**ung jury (3) **A**ppeal successful by ∆- based on weight rather than sufficiency of evidence (4) **R**equests by ∆ to end or necessity to end (not on merits) (ex: medical emergency in trial) (5) **P**lea Bargain Breach

Answer 142

**TUNE** ## Footnote (1) **T**estimonial evidence GIT: gather info NTOE: used to help police in ongoing emergency (2) **U**navailable (3) **N**o opportunity for cross = (4) Exclude evidence

Answer 143

**HAIRY** ## Footnote (1) Hostile (2) Adverse Party or Identified with AP (3) Introductory (4) Recall - unable to (5) Young

Answer 144

**COD = COD** 1. **C**ollateral to the merits 2. **O**ther (trial) ct has conclusively determined 3. **D**at thing is pretty much unreviewable on appeal

Answer 145

Ass of Risk (Unreasonable or reasonable + K + Vol)

Answer 146

High degree of risk Risk of serious harm Inability to eliminate risk, even with due care Common usage and Remoteness (appropriateness of location where activity conducted)

Answer 147

Yes. FRCP 48. Yep. OR it can make the jury deliberate further.

Answer 148

NO! No bolstering. W credibility must be attacked before he can bolster. This would be admissible as a PSI.

Answer 149

Yep. and Yep. You can 'invite' the defamation. For example, if professor denied tenure and asks org to represent him on the action to reinstate. The university could reasonably assume that professor allowed the publication of the statement because he was the one that initiated the action.

Answer 150

Yep. Nope.

Answer 151

**Civil or criminal suits** *related to* their legislative actions and from **grand jury** investigations related to those actions.

Answer 152

allow the commission to continue investigating auto safety and making recs to Congress because Congress can appoint its own officers to carry out ***internal legislative tasks.*** Congress has broad ***investigatory power.*** Note: the Commission can't prosecute because Congress can't appoint members of a body with **administrative or enforcement powers.**

Answer 153

Yep. RRR and ARA. Reasonably related to revenue or Authority to regulate activity.

Answer 154

Congress can put strings on $$ to **RR**, if there is a **CLUE** why **R**easonably **R**elated, **C**ongress can **L**egislate (no) **U**ndue coercion **E**xpressly Stated

Answer 155

**RREPOS** **R**elevant + **R**eliable **E**xpert Qualification **P**robability reasonable re opinion **O**pinion **S**upported by fact basis

Answer 156

*Strickland v Washington* **BOS BFRP** 1. below **objective** standard of reasonableness 2. **but for, reasonable probability** (not CCE standard)

Answer 157

same as fraud. * *F**alsity known by ∆ (mis) **R**epresentation by ∆ * *A**cutally wanted π to rely * *U**nderstandable reliance by π * *D**amages + Prox Cause

Answer 158

LL must fail to provide something he has a **legal duty** to provide. Check: **LISA** If duty, then **SING** * *L**ease Itself * *I**WH (R only) * *S**tatute * *As**sumption of Repair Sub Interfere, Notice, Goodbye

Answer 159

T = DoL to act in BIOBs.

Answer 160

T has duty to prudently administer the trust. Almost all states have adopted a form of the **UPIA** (Uniform Prudent Investor Act). The UPIA states that a trustee must administer the trust as ***a RPP using reasonable care, skill and caution.***

Answer 161

**ABCDE** **A**ct as a Reasonably Prudent Investor **B**alance Risk with Return **C**ommingling not allowed **D**iversify investments **E**arn a reasonable rate of return (keep trust productive) \*look @ portfolio as a whole

Answer 162

Suspending or remove T Decrease compensation Compel T to perform duties Damages Ask court for any other appropriate relief

Answer 163

Bs can **rescind** and ask for the purchase price to be **set aside**, or **recover any profits from T.**

Answer 164

A charitable trust might terminate if the charitable purpose becomes unlawful, impractical, impossible. However, cy pres might save the trust. Common law doctrine and part of the UTC. Elements: **3I NAG** 1. **3I:** illegal, impossible, impractical 2. **N**o **A**lt Named 2. **G**eneral Charitable Intent

Answer 165

**SPOU**sal **IMM**unity. **S**poken **P**rior **O**r **U**ntil **IMM**ediate end of marriage Criminal only. T-Spouse holds.

Answer 166

**C A&R D CK of Jx** Civil: conclusive on jury Crim: Pros met BoProd on issue