Priority

Question 1

Slayer Statute

Answer 1

Has to be murder. Can’t be manslaughter or anything under.

Question 2

Will Changes

Answer 2

Can’t partially revoke or revoke parts. Either new will or codicil.

Question 3

Personal Jurisdiction

Answer 3

Long Arm. State will nearly always have jurisdiction.

Question 4

Joint Wills

Answer 4

Can revoke that part of the will even if contract says otherwise. One person revoking the will only revokes their part, not the other person’s.

Question 5

Habit Evidence

Answer 5

Must have corroborating elements if person. Organization can have eye witness or corrob.

Question 6

Admission Of Responsibility v. Statement of condolence.

Answer 6

Be conservative with answer. Only specific part admitting fault. “I will never drink again” question.

Question 7

Simultaneous Death explanation.

Answer 7

JT turns into TIC. After probate normally. So life insurance and whatever in the will transfers over without BS.

Question 8

Pretermitted Spouse

Answer 8

Doesn’t kill the will, just gives female half because gynocracy.

Question 9

Motion to Dismiss Answer Timing After Denial

Answer 9

10 Days.

Question 10

Statements not made under oath/penalty of perjury

Answer 10

Can only be used to CE, but not as substantive evidence.

Question 11

Rape Shield

Answer 11

The Shield only deals with REPUTATION DEFENSE, not spec. instances of consent.

So can’t say female has a reputation for being a whore as a defense.

Question 12

Hearsay Notice Exception Timing

Answer 12

10 Days

Question 13

PreTrial Hearing Notice Criminal
PreTrial Hearing Notice Civil

Answer 13

5 Days
20 Days

Question 14

Recorded Recollection Entering Into Evidence

Answer 14

Only by adverse party. Same as the other rules for reports, etc.

Question 15

Stock Restriction Changes

Answer 15

New changes won’t affect old stock. So can’t restrict alienation/first refusal changes with a new by law change.

Question 16

Treatise/Evidence

Answer 16

It NEVER goes into evidence.

Question 17

Wills PR Hearsay Exception

Answer 17

Action against PR. Written/Oral statement made by dead on same subject matter previously offered ibti evidence is an exception…whatever.

Question 18

Real Covs

Answer 18

Privity, intent, notice, touch and concern.

Question 19

Rehab Witness

Answer 19

Can testify about SIC of untruthfullness of other impeached witnesses. Can’t use SIC to bolster truth.

Question 20

Imp WoM/WoF

Answer 20

Implied warranty of fitness for a particular purpose.

Implied warranty of merchantability.

Question 21

To set aside jury verdict in civil

Answer 21

Moving party has to make a directed verdict.

Question 22

Partnership Liability

Answer 22

Ship is liable for all tortious acts including fraud while in the course of business or w/authority.

Question 23

Arrest Reports Inadmissible as

Answer 23

Public Records exception. Observations must be testified to.

Question 24

Corp Issue of Security is

Answer 24

Strictly Liable in Rescind lawsuit.

Question 25

Waiver of Elective share requires

Answer 25

Full disclosure if after marriage, no disclosure if before.

Question 26

Profit Sharing Test doesn't count when

Answer 26

Debt payments, interest/loan charges, rent, employee comp, business sale, annuity.

Question 27

Stirps when it goes to Grandparents:

Answer 27

Split auto between the lineages. If only one grand parent, the other half goes down that missing line.

Question 28

Fiduciary Duty Loyalty Exception

Answer 28

On weird questions where its not clear, choose "personal benefit" as not violating loyalty.

Question 29

Directed Verdict

Answer 29

Allows for motions later.

Question 30

Attempt and actual crime simultaneous charges.

Answer 30

Lesser included is fine, but attempt isn't a L/I.

Question 31

In stupid multi-juris questions, killing it from lack of PJ

Answer 31

Has nothing to do with the venue.

Question 32

Auto Dissoc in LP from

Answer 32

Bankruptcy, Insolvency, Incomp, but not indictment.

Question 33

Pro Rata Math

Answer 33

Party will always get less than devise for the question, but more than nothing. (Kills two answers). Add up left over debts. Then take percentage of original devise against left over debt (20k/50k ex). Then take that percentage against the left over.

Question 34

Partial Revo of Will

Answer 34

Has no effect.

Question 35

Crim - Judgment Arrest exception

Answer 35

Don't have to file for a new trial when getting arrest of judgment.

Question 36

Caveats

Answer 36

Creditors have to wait for party to die. Everyone else is fine. (Before death expires in 2 years).

Question 37

Warrants already have

Answer 37

P/C

Question 38

Deriv Action Motion to Stay

Answer 38

Maj vote of ind directors.

Question 39

Mnaghten

Answer 39

Did not know what they were doing from mental defect; or knew what they were doing but not that it was wrong.

Question 40

Burg

Answer 40

Offense therein except if public and open to public or invited.

Question 41

Party lies about being a partner, some other partners know, but not all.

Answer 41

Only people who knew are liable, not the whole partnership.

Question 42

Life in P peremptory same as

Answer 42

Capital. Both get 10. Only Capital cases are with 12 jurors.

Question 43

Handwritten Wills Must

Answer 43

Have the 2 witnesses, signature, etc. Even if otherwise it would be valid in that state. Not the same as a "properly executed" with different rules in a different state. Look for handwritten as the check.