Docstoc feed for: Education->Law School->Bar Review

Civ Pro CA Distinctions

gbranch — Sun, 26 Jul 2009 11:29:15 GMT

shared by: gbranch on: Sunday, July 26, 2009

This chart highlights the differences between the FRCP and California rule of Civ Pro.

51 Tiền1

trananhnguyet19451 — Tue, 21 Jul 2009 02:42:06 GMT

shared by: trananhnguyet19451 on: Tuesday, July 21, 2009

1.1 http://www.docstoc.com/docs/document-preview.aspx?doc_id=8713016 1.2 http://www.docstoc.com/docs/document-preview.aspx?doc_id=8712909 2 http://www.docstoc.com/docs/document-preview.aspx?doc_id=87126723.1 http://www.docstoc.com/docs/document-preview.aspx?doc_id=8712583 3.2 http://www.docstoc.com/docs/document-preview.aspx?doc_id=8712458 4 ht

Professional Responsibility CA v. ABA Distinctions Chart

gbranch — Fri, 17 Jul 2009 15:54:14 GMT

shared by: gbranch on: Friday, July 17, 2009

This is a chart I made to highlight CA v. ABA Professional Responsibility rules.

Bar Checklist Mnemonics

gbranch — Sat, 11 Jul 2009 08:38:22 GMT

shared by: gbranch on: Saturday, July 11, 2009

These are mnemonic sentences I've designed to help myself remember all the possible issue areas for the various Bar testable subjects. I hope they help.

MBE Memorization Chart

gbranch — Sun, 05 Jul 2009 17:09:01 GMT

shared by: gbranch on: Sunday, July 05, 2009

NOTICE THE TABS AT THE BOTTOM OF THE SPREADSHEET. ALL MBE TOPICS ARE COVERED. This is my version of a chart I found already made on Docstoc. The original version was excellent but contained Texas law. I took out the Texas law, changed some of the content, added a few things, and did some formating to make it easier to look at (since, if you're like me, you'll need to stare at these rules quite often). If you use and improve on my version, please upload it so that others may benefit.

Civil Procedure Outline

anonymous — Fri, 15 Feb 2008 10:01:14 GMT

shared by: anonymous on: Friday, February 15, 2008

1 CIVIL PROCEDURE ESSAY Plaintiff v. Defendant 1. Does the court have personal jurisdiction over the defendant and subject matter jurisdiction over the case? (a) If personal jurisdiction needs to be resolved in the answer, then you must also address SMJ, notice requirements, and venue requirements. 2. Is the notice requirement met? 3. Is venue prop

Community Property

anonymous — Fri, 15 Feb 2008 10:01:12 GMT

shared by: anonymous on: Friday, February 15, 2008

No description

Texas Wills & Estates Outline

anonymous — Thu, 24 Jan 2008 18:48:40 GMT

shared by: anonymous on: Thursday, January 24, 2008

WILLS & ESTATES OUTLINEProf. Steven Goode - Summer 1997This outline is e-mailware! While there is no cost for using the outline, you must drop me a line at dfalgoust@mail.utexas.edu to tell me what you think, if it helped you, etc; it'd also be nice if you dropped by my web page at http://www.geocities.com/NapaValley/3578/ and signed my gues

Trusts Outline

anonymous — Tue, 23 Oct 2007 05:39:34 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Private Express Trust= a fiduciary relationship with respect to property whereby one person, the trustee, holds legal title for the benefit of another, the beneficiary, and which arises out of a manifestation of intent to create it for a legal purpose. (memorize)Elements(1) Property, (2) Beneficiary, (3) Trustee, (4) Intent, (5) Creation, (6)

Torts short outline

anonymous — Tue, 23 Oct 2007 05:39:33 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Intentional TortsBatteryHarmful or Offensive ContactOffensive= unpermitted (hypersensitivity is not taken into account)With ?'s person (?'s person= anything connected to ?, i.e. hat, briefcase, dog)Bodily conduct does not need to be immediate (ie poison)Assault? is placed in apprehensionapprehension= knowledge or awareness of

Remedies Short Outline

anonymous — Tue, 23 Oct 2007 05:39:31 GMT

shared by: anonymous on: Tuesday, October 23, 2007

DamagesDamages= ? is ordered to pay money to the ?. 3 Types (Compensatory, Nominal, Punitive)COMPENSATORYCompensatory damages are based on the injury to the ?. They put the injured party in the position he would have been in had the injury not occurred.Requirements(1) Actual Causation: "but for" test(2) Proximate Causation: injury mus

Property short outline

anonymous — Tue, 23 Oct 2007 05:39:29 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Property 1 Present Estates . Fee Simple Absolute "to A" o Absolute ownership of potentially infinite duration o Freely devisable, descendible, & alienable o **a living person has no heirs o No accompanying future Interest . Fee Tail "to A and the heirs of his body" o Virtually abolished; attempted creation of fee tail creates Fee Simple Absolute o

Professional Responsibility Short Outline

anonymous — Tue, 23 Oct 2007 05:39:27 GMT

shared by: anonymous on: Tuesday, October 23, 2007

What Body of Law to ApplyUse CA law and strengthen your answer by flagging conflicts with the ABA model rules.The Law has a duty of _____(fill in duty) ___ _ to ____(fill in person or thing)___Confidentiality>Loyalty> Fiduciary Responsibilities>ClientsCompetence>Candor/Truthfulness>Court, Tribunal,F

Evidence short Outline

anonymous — Tue, 23 Oct 2007 05:39:25 GMT

shared by: anonymous on: Tuesday, October 23, 2007

RelevanceLogical Relevance (401)=evidence that has a tendency to prove or disprove a material fact.**evidence may not be logically relevant if it involves some other Time, Event, or Person. Exception: Similar OccurrencesWhere evidence is admissible even though it does not directly involve some time, event, or person involved in the litig

Criminal Law _ Procedure Short Outline

anonymous — Tue, 23 Oct 2007 05:39:23 GMT

shared by: anonymous on: Tuesday, October 23, 2007

JurisdictionA state acquires jurisdiction if (1) conduct occurred in the state or (2) result occurred in the stateCrimes of Omission: jurisdiction lies where the act should have been performed.MergerGenerally, crimes do not merge into another substantive offense2 Merger Crimes: (1) solicitation, (2) attempt. (note: conspiracy does not

Corps Short Outline

anonymous — Tue, 23 Oct 2007 05:39:21 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Formation Requirements(1) Incorporators: must have at least one person or entity; must sign & file AoI.(2) Articles of Incorporation: articles are a contract between (i) Corporation & Shareholders and (ii) between Corporation and State.Information required in Articles: (i) Names and addresses of Corporation (Corp, Company, Incorporated, Lim

Contracts short outline

anonymous — Tue, 23 Oct 2007 05:39:20 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Applicable LawCL (real estate, services)UCC (sale of goods)Mixed Deal= whichever is predominant. All or Nothing Rule unless K divides payment.Offers= manifestation of an intention to contract.Content: not required to contain all material terms (Real Estate= price and description req'd. Goods= no price required)Vague & Ambiguous Ma

Community Property short Outline

anonymous — Tue, 23 Oct 2007 05:39:16 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Basic Principles"answer according to California Law"Separate Property (SP)=Property owned by either spouse before or after the marriage=property acquired during marriage by gift, will, or inheritance.Community Property (CP)All assets acquired during marriage are PRESUMPTIVELY community property.Absent an agreement or title stating tha

Civil Procedure Short Outline

anonymous — Tue, 23 Oct 2007 05:39:15 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Personal Jurisdiction WHAT STATE?Personal Jurisdiction is aimed at determining what State(s) the ? can sue the defendant. 2 Step Process: (1) Satisfy a Statute (Statutory; eg. a state long arm statute); (2) Satisfy the Constitution (due process)Statutory: must satisfy the long arm statute of the state. Long Arm Statutes: provide for jur

Wills short outline

anonymous — Tue, 23 Oct 2007 05:39:12 GMT

shared by: anonymous on: Tuesday, October 23, 2007

IntentCapacityAt time of Execution, testator must be (1) 18 years old; (2) able to understand the extent of his property; (3) know who is benefiting; (4) that he is executing a will.Consequences: if no capacity, the entire will is invalid, and property passes via Intestate Succession, unless there is a prior Will where he did have capacity.

Property Outline; Present Estates

anonymous — Tue, 23 Oct 2007 05:38:58 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Present EstatesTypesFee Simple AbsoluteFee TailDefeasible FeesLife EstateWhat to know?What language will create the estate?Is the estate devisable (will), descendible (intestate), and/or alienable (transferable inter vivos)?Which future interests, if any, is the estate capable of?FEE SIMPLE ABSOLUTE"to A""to A and hi

Practice test for A v. D

anonymous — Tue, 23 Oct 2007 05:38:51 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Essay 11 A v. D(1) NEGLIGENCEDuty/ Foreseeable PlaintiffA person owes a duty of care to all foreseeable plaintiffs. Under the majority rule, a foreseeable plaintiff is a person who is "in the zone of danger". Under the minority rule, a plaintiff's are foreseeable plaintiffs. D knew there was a risk of knocking the scaffold down

Performance Test; Sunrise Galeria Mall

anonymous — Tue, 23 Oct 2007 05:38:50 GMT

shared by: anonymous on: Tuesday, October 23, 2007

In re: Sunrise Galleria MallAlternative Proposed CurfewSUNRISE GALLERIA MALLPARENT APPROVAL POLICYTo better serve patrons and other visitors, protect property, maintain order, and insure personal safety at the Sunrise Galleria Mall, the following Parent Approval Policy is adopted.1. Persons under 17 years of age will be

Performance Test Workshop; 4

anonymous — Tue, 23 Oct 2007 05:38:49 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Statement of FactsNot very important unless they say it is.NEVER LEAVE OUT THE OBVIOUS. Put the FRE in there. Problem SolvingIdentify problem in terms of the client's goalsIdentify options (alternatives, course of action)Identify and analyze consequences for each option (legal and non legal consequences)If requested- select and im

Performance Test Worksheet

anonymous — Tue, 23 Oct 2007 05:38:48 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Rule 1: FOLLOW DIRECTIONS!!!Rule 2: TASK MEMO IS THE MOST IMPORTANT DOCUMENT. FOLLOW WHAT THE TASK MEMO TELLS YOU TO DO.Rule 3: IF YOU SEE "AND", CIRCLE IT. IT MEANS THEY ARE ASKING YOU TO DO DIFFERENT THINGS.Rule 4: REFERENCES: YOU DO NOT NEED TO BLUEBOOK CITE, OR GIVE PAGE NUMBERS, BUT GIVE A REFERENCE TO THE CASE. DO NOT NEED TO P

Performance Test 7-9

anonymous — Tue, 23 Oct 2007 05:38:47 GMT

shared by: anonymous on: Tuesday, October 23, 2007

FARBER v. ARLEN ELECTRONICS, INC.TASK AMEMORANDUMJuly 30, 1996TO: Jack GatesFROM: ApplicantSUBJECT: Farber v. Arlen ElectronicsJurisdictional BasisJurisdiction of the above matter of Farber v. Arlen Electronics, Inc. is proper in the US District Court for Eastern District of Columbia. Farber is suing Arlen unde

Performance Test 3

anonymous — Tue, 23 Oct 2007 05:38:46 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Herbert, Wolf & StubbsAttorneys at Law700 Columbia CenterRichland, ColumbiaMEMORANDUMJune 29, 2005TO: Michael Allen WolfFrom:ApplicantRe:Zwier v. Sea Quest (Cayman) Limited, et. al.Factors the Court will consider in deciding motion to dismiss based upon lack of Personal Jurisdiction over Sea Quest.I

Performance Test

anonymous — Tue, 23 Oct 2007 05:38:44 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Performance TestEssays SPOT ISSUES & WORK WITH FACTSIf you know the law, you talk about the law. But that always hurts. You WANT TO TALK ABOUT THE FACTS!!!! (This cannot be stressed enough).Answer questions asked.Day 3- people usually do worse on day 3. It is a good day to make up bad days 1 or 2.Don't ever give up.GradingYou

Evidence Outline[2]

anonymous — Tue, 23 Oct 2007 05:38:43 GMT

shared by: anonymous on: Tuesday, October 23, 2007

RELEVANCEAlways start out asking how the evidence is relevant. LOGICAL RELEVANCE: Evidence that has any tendency to make a material fact more probable or less probable that it would be without the evidence (401): Tendency to prove or disprove a material factEvidence may not be logically relevant if evidence involves some other TIME, E

Criminal Procedure

anonymous — Tue, 23 Oct 2007 05:38:29 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Exclusionary RuleExclusionary Rule:Prohibits the introduction at a criminal trial ogf evidence obtained in violation of Defendant's 4th, 5th, or 6th Amendment Rights.Limitations on ExclusionExclusion does not apply to conduct to grand juries. A grand jury may be compelled to testify on illegally seized evidenceExclusion is not a availab

Criminal Law Review

anonymous — Tue, 23 Oct 2007 05:38:27 GMT

shared by: anonymous on: Tuesday, October 23, 2007

CRIMINAL LAW33 Questions (20 on criminal law, 13 on criminal procedure)criminal procedure = more important for the essaycriminal law = more important for multiple choice.JurisdictionA state acquires jurisdiction if the Conduct happened there or the result happened there.Person shoots a rifle while standing in Nevada hitting a pers

Contracts Hypos

anonymous — Tue, 23 Oct 2007 05:38:11 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Contracts Hypos(1)NBC offers Ashlee Simpson $25,000 to sing "Autobiography" on "Saturday Night Live." THIS IS NOT A UNILATERAL CONTRACT. IT IS NOT EXPRESS. THE AGREEMENT INVOLVES A PERFORMANCE, BUT IT DOES NOT EXPRESSLY REQUIRE ONE.(2)Conviser contracts with Mr. Garrison to lecture for BRI. Does Article 2 apply?(3)Conviser

ConLaw; Approach to ConLaw Questions

anonymous — Tue, 23 Oct 2007 05:37:55 GMT

shared by: anonymous on: Tuesday, October 23, 2007

CONSTITUTIONAL LAW CHART 11An approach to constitutional law questionsAsk: Who is the actor in the question?CongressThe issue is either or both1) Does Congress have the authority to act? (outline, esp. II)and/or2) Has Congress violated a limit on its power?(outline, esp. VI, VII, VIII)President orFeder

Torts Review

anonymous — Tue, 23 Oct 2007 05:37:54 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Day 2 & 3TORTSTorts on the Bar ExamGoal: Identify the elements of the tort action that the Plaintiff is trying to prove.Question is if we can get to the jury box- by proving the elements.Learning Lists- lists of elementsGoverning Law- National Majority Rule.INTENTIONAL TORTS (7)Overview: 3 preliminary topics(1) Extreme

Torts Lecture[2]

anonymous — Tue, 23 Oct 2007 05:37:47 GMT

shared by: anonymous on: Tuesday, October 23, 2007

First identify elements that a plaintiff needs to get to the jury. Master the elements for each cause of action. Second, be aware of the affirmative defensesINTENTIONAL TORTSOverview: In any intentional tort problem, the extreme or hypersensitivity of the plaintiff should be ignored. Always assume the plaintiff is a normal, ordinary perso

Torts - Short Outline _Justin_

anonymous — Tue, 23 Oct 2007 05:37:45 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Intentional Torts - Very common on the bar; straight forwardBatteryIntent - defendant desires to bring about the forbidden outcome OR acts with knowledge that the outcome is virtually certain to come aboutHarmful or Offensive Contact (harmful or unpermitted)Hypersensitivity is not taken into accountContact was with the plaintiff's person

Pro Responsibility Lecture[1]

anonymous — Tue, 23 Oct 2007 05:37:31 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Duties to the Client (Clients Love Fierce Counsel)ConfidentialityDuty of confidentiality: L can't reveal anything "related to the representation" of C without consentRationale: maximize candor and trust, allowing adversarial system to workApplies regardless of whether C requested that the information be kept "confidential" or whether its re

Perfromance Test - Graded[1]

anonymous — Tue, 23 Oct 2007 05:37:28 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Malls Needs:Not wish to alienate customersPreserve Customer BasePreserve Security and OrderAvoid large packs of teens 5 or moreAvoid threatening customers, intimidating customersAvoid disrupting of businessAvoid fist fights and scufflesPlay "a part in your family's life"ExemptionsFor people employed by the mall.For people

Performance Test Workshop[1]

anonymous — Tue, 23 Oct 2007 05:37:27 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Convince State Rep Beaty from Legal AND Policy perspectives a tort making person liable for offensive words and conduct is appropriate legislation.1.Explain if the suggested language meets the University's goals AND is consistent with constitutional requirements.Redraft if necessary and explain how those changes improve the legislation to m

In Class Performance Test Writing[1]

anonymous — Tue, 23 Oct 2007 05:37:26 GMT

shared by: anonymous on: Tuesday, October 23, 2007

To:Michael Allen WolfFrom:MeRe:Zwier v. Sea QuestI. Factors the court will consider in deciding our motion to dismiss based on lack of personal jurisdiction over Sea Quest.Pursuant to Title 12 Section 2004 of the Statute of Columbia, the Columbia long arm statute allows for the exercise of jurisdiction to the extent of the constitut

In Class Performance Test Outline[1]

anonymous — Tue, 23 Oct 2007 05:37:25 GMT

shared by: anonymous on: Tuesday, October 23, 2007

1.a. Identify the factors the court will consider in deciding our motion to dismiss based upon lack of personal jurisdiction over Sea Quest.b. For each factor, identify the facts in the file that support our position.c. For each factor, identify what additional facts we need and where we might find them (likely sources).2. Draft

Graded Essay Property[1]

anonymous — Tue, 23 Oct 2007 05:37:24 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Arthur's RightsTransfer of Remainder Interest from OrinArthur will argue that he was granted a remainder from Orin. In order to properly transfer an interest in land there must be a writing, signed, that adequately describes the property, there must be intent to convey presently convey an interest, and there must be delivery.WritingBec

Graded Essay Torts[1]

anonymous — Tue, 23 Oct 2007 05:37:24 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Ed v. Courier JournalEd may bring various causes of action including (1) Intentional Infliction of Emotional Distress, (2) Negligent Infliction of Emotional Distress, (3) Intrusion Upon Seclusion, (4) Defamation, (5) False Light, (6) Public Disclosure of Private Facts, and (7) Negligence.VICARIOUS LIABILITYEd will be able to bring these c

Graded Essay Con Law[1]

anonymous — Tue, 23 Oct 2007 05:37:23 GMT

shared by: anonymous on: Tuesday, October 23, 2007

A. The first issue is Mayo Taxpayers bringing action to prohibit Agency from granting funds to society.Can the claim be heard by the Federal Court?In order to bring a claim in Federal court the Mayo taxpayers must show that the claim can be heard. They must demonstrate that they have standing, the case is ripe, it is not moot, and not a poli

Essay Workshop Day 1[1]

anonymous — Tue, 23 Oct 2007 05:37:17 GMT

shared by: anonymous on: Tuesday, October 23, 2007

ESSAY WORKSHOPUse IRAC.Make sure you use the facts in the analysis section. Spotting the issue and stating the rule is not enough. Actually make a conclusion, don't say this is an issue of the jury. Entertain arguments on both sides but then just come to a conclusion.Write like a lawyer1) State the rules2) Focus on the more dis

Crim Pro Lecture[2]

anonymous — Tue, 23 Oct 2007 05:37:15 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Exclusionary RuleExclusionary Rule:Prohibits the introduction at a criminal trial of evidence obtained in violation of Defendant's 4th, 5th, or 6th Amendment Rights.Limitations on ExclusionExclusion does not apply to conduct to grand juries. A grand jury witness may be compelled to testify on illegally seized evidenceExclusion is not a

Crim Law Lecture[1]

anonymous — Tue, 23 Oct 2007 05:37:13 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Corps Lecture Outline[1]

anonymous — Tue, 23 Oct 2007 05:37:11 GMT

shared by: anonymous on: Tuesday, October 23, 2007

CorporationsOrganization of CorporationsFormation Requirements (People, Paper, Act)People: Incorporators (Must have one or more.)What does an incorporator do? They sign and file the articles (that's it)Can BAR/BRI, Inc. serve as an incorporator for Curl Up and Dye Beauty Supply Corp.? Can Michael Jackson? Yes, it can be a pe

Community Property Lecture[1]

anonymous — Tue, 23 Oct 2007 05:36:44 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Basic PrinciplesSeparate property (SP)Property owned by either spouse before marriageProperty acquired during marriage by gift, will, or inheritance (but not if bequest was in consideration for community labor)Property acquired during marriage with the expenditure of separate fundsSource ruleSeparate ownership established by tracingRe

Civil Procedure Lecture _Justin_

anonymous — Tue, 23 Oct 2007 05:36:42 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Civil ProcedurePersonal JurisdictionBasic Idea: in what state can the plaintiff sue the defendant?Two step analysis: statutory analysis and constitutional analysisDoes it matter whether the case is filed in federal court? NOConstitutional analysis is much more important on the barIn Personam Jurisdiction: Statutory Analysis - never

CIVIL PRO Yebri[1]

anonymous — Tue, 23 Oct 2007 05:36:39 GMT

shared by: anonymous on: Tuesday, October 23, 2007

PERSONAL JURISDICTIONBasic Rule: must satisfy statute & const.In Personam Jurisd.: over person not prop.Statutory Analysis: must have either: (1) presence in state when personally served (so long as not by fraud or force); (2) domicile; (3) consent (K or implied); OR (4) long-arm statute-may give ct pwr to exercise jurid if not const. prohi

Bart v. Soto

anonymous — Tue, 23 Oct 2007 05:36:37 GMT

shared by: anonymous on: Tuesday, October 23, 2007

A. Analyze the legal relationshipsAre the parties currently bound by an enforceable contract?What are the terms with respect to goods to be delivered?What are the terms with respect to buy-back of unsold goods?What are the legal consequences of accepting or rejecting the offer?B. Evaluate the options available to

answers to MBE questions and explanations _Andy_

anonymous — Tue, 23 Oct 2007 05:36:36 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Evidence - General golden thread to keep in mind - All relevant evidence is admitted unless the admission of that evidence violates some other rule.3 highly tested areas -hearsaycharacter impeachment40 - Judicial Notice -two issues -is the fact a fact that is capable of judicial noticeAnswer - if the fact is indisputable or can

Wills Lecture Outline[1]

anonymous — Tue, 23 Oct 2007 05:36:29 GMT

shared by: anonymous on: Tuesday, October 23, 2007

IntentCapacityCapacity to make a will is the lowest capacity recognized in lawAt time of execution, T must satisfy 4 elements:At least 18 years of ageMust be able to understand extent of T's propertyMust know the natural objects of T's bountySpouse or domestic partnerIssueParents andThose whose interests are affected by the will

Kriya_sMcGConlawshortreviewoutline

anonymous — Tue, 23 Oct 2007 05:34:18 GMT

shared by: anonymous on: Tuesday, October 23, 2007

CONLAW INDIV RIGHTS SHORT OUTLINE*RB is the default/fall back test*any test at mid/intermediate level or above requires one to check for reas adeq altsPossible IssuesTests/AnalysisSubstantive Due Process(Cannot take life or liberty without due processRational Basis(RB) or Compelling State Interest (CSI)RB= law must ration

Individual Rights Lecture

anonymous — Tue, 23 Oct 2007 05:34:17 GMT

shared by: anonymous on: Tuesday, October 23, 2007

CON LAW IND RIGHTS1/10/06Jim McGoldrickPrimarily 14th AmendmentMain body of the Constitution does not protect individual rights. Framers told states if you pass the main body, then the first Congress will propose Amendments that protect individual rights. And that is what happened.12 Amendments were proposed and 10 of those are ca

Con_Law_IR_outline

anonymous — Tue, 23 Oct 2007 05:34:12 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Constitutional BackgroundThe abdication of authority of the rational basis test means that the legislature can pass legislation that favors special interests. Articles 2-9 are the body of the Constitution. Under the Article of federation we were trying to preserve our right to exist as a national entity. This is after the war w/ Britain. E

Con Law McG Class Notes _Shane_

anonymous — Tue, 23 Oct 2007 05:34:03 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Con Law Individual Rights: McGoldrick1/10/06: Class NotesMain body of the initial C did not protect IR. Framers proposed amendments protecting those rights. 12 were proposed, 10 of which were ratified (BOR). Limiting aspect of BOR is that they did not apply to the states and applied only to CG. 13th-15th Am's protect against state infringem

CON LAW _Mark_

anonymous — Tue, 23 Oct 2007 05:33:54 GMT

shared by: anonymous on: Tuesday, October 23, 2007

BILL OF RIGHTSFirst ten amendments explicitly apply to the federal government. However, the due process clause of the 14th amendment acts as a conduit by which these bill of rights limitations are made applicable to the states. This is known as selective incorporation. The only rights not selectively incorporated are: right to bear arms, right

Benno Con Law Ind Rights Outline

anonymous — Tue, 23 Oct 2007 05:33:52 GMT

shared by: anonymous on: Tuesday, October 23, 2007

SUBSTANTIVE DUE PROCSS - Fed (5th amendment) or State (14the amdnement) govt. is not allowed to deprive individual life, liberty or property without due process of law. Any time there is a limitation on any substantive right (right to yell loud, right to walk down the street, right to punch Mark in the face), as two questions:1. Is the right

TAX CHECK LIST; Popovich

anonymous — Tue, 23 Oct 2007 05:33:50 GMT

shared by: anonymous on: Tuesday, October 23, 2007

TAX CHECK LISTGROSS INCOME -- 61EXLCUSIONSGifts -- 102Bequests, Devises and Inheritances -- 102Employee Fringe Benefits -- 132No Additional Cost Services FringeQualified Employee Discount FringeWorking Condition FringeDe Minimus FringeQualified Transportation FringeQualified Moving Expense FringeQ

Real Estate Lecture

anonymous — Tue, 23 Oct 2007 05:33:49 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Nick Kublicki(310) 383-6353patcarlton@earthlink.netReal Estate Transactions1/24/05Types of Transactions:Purchase and SaleLeasingConstructionLending - Always follow the money (who's getting the money, when is it paid out, etc.)Environmental ConcernsMiscellaneous (easements, land-use, etc.)Timeline: Broker - Purchase/

Hotter than Beverly Hills 90210

anonymous — Tue, 23 Oct 2007 05:33:44 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Hotter than Beverly Hills 90210? As some upscale spots cooled, lower-priced communities sizzled in the latter half of 2004: Lynwood 90262 was among places to buy.Top StoriesHotter than Beverly Hills 90210Now about that wombat'The Great One' on a breakawayThat's why it's called Studio City

Benno Real Estate Transactions Outline

anonymous — Tue, 23 Oct 2007 05:33:40 GMT

shared by: anonymous on: Tuesday, October 23, 2007

REAL ESTATE TRANSACTIONSBROKERSA. What duties are owed?1. Seller's Brokeri. To the Seller - Fiduciary Duty. More than just a duty of good faith, must do something for the seller even if it is against their best interest.ii. To the Buyer a. With no agreement - Duty to be trustworthy, honest, and disclose known defects that are visib

Real Estate Article

anonymous — Tue, 23 Oct 2007 05:33:39 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Monday February 21 1:59 PM ET Tips for finding the best local real estate agentsByRobert J. BrussInman NewsConsumer Real Estate NewsDEAR BOB: You recently suggested to another reader that she list her home for sale with her area's best Realtor. My question, as a person who has not bought or sold a home for many years, is how can I find m

Scott Shane RE Transactions Outline

anonymous — Tue, 23 Oct 2007 05:33:27 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Real Estate Transactions OutlineTimeline: Broker ( Purchase/Sale ( Construction ( LeasingBroker: Parties:Seller's Broker: responsible for listing home for sale (MLS)Buyer's Broker: cooperate w/ seller's broker by finding buyer for propertyWhy do we need them in a RE Transaction? They know what is going on (access to MLS), are exper

Scott Shane Federal Income Tax Outline

anonymous — Tue, 23 Oct 2007 05:33:21 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Federal Income Tax OutlineGross Income(Deductions)Taxable IncomeApply Tax RatesTax(Credits)Net LiabilityScope of Gross IncomeGeneral Definitions 61: broadly defined GI is all income from whatever source derived, unless there is a specific exclusion in the Code. 3 Part Glenshaw Glass Test: Net accession to wealt

MPRE-SummarySheets

anonymous — Tue, 23 Oct 2007 05:33:12 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Regulation of AttorneysEntity that RegulatesThe State regulates all aspects of the practice of law; there's no national body of law.Attys have an ethical obligation (if atty knows/rsnbly should know of an ethical violation, atty has duty to report it)Regulating who may practicing law in a particular stateState may restrict the practice

MPRE-Outline

anonymous — Tue, 23 Oct 2007 05:33:10 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Regulation of AttorneysEntity that RegulatesThe State regulates all aspects of the practice of law each state has its own regulations & disciplinesThere's no national body of law.The Attys have an ethical obligation to aid in regulating attys.If atty knows or rsnbly should know of an ethical violation, atty has duty to report it.Regul

Mark Bratt Bankruptcy

anonymous — Tue, 23 Oct 2007 05:33:09 GMT

shared by: anonymous on: Tuesday, October 23, 2007

CHAPTER THREE: The Automatic StayA. The Automatic StayUnder section 362(a), the filing of the bankruptcy petition automatically enjoins creditor activity because the filing itself "operates as a stay."-362(a)(4) - The automatic stay prohibits creditors with liens from enforcing them. -362(a)(3), (4) & (6) - Secured parties cannot seize th

LegalEthicsOutline_Dina_

anonymous — Tue, 23 Oct 2007 05:33:06 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Legal Ethics 1 History of Ethics: 1908 - Canon of Ethics 1969-70 Model Code 3 parts: 1. ethical considerations ? what lawyers should do. 2. disciplinary rules ? what lawyers must do. good 3. BAR _______________ acceptable set minimum conduct bad 1983 - Model Rules - most states follow. Set forth rules & comments akin to DR (set forth minimum conduc

Justin's Bankruptcy Outline

anonymous — Tue, 23 Oct 2007 05:33:01 GMT

shared by: anonymous on: Tuesday, October 23, 2007

IntroductionConsensual Liens - usually arise at the inception of a credit transactionSecurity Interests in Personal PropertyTypesCommon law pledgeChattel mortgage - mortgagor retained possession, but transferred title to mortgagee as security (must be recorded in public records)Conditional sale - title remained with seller until buyer p

Coats Bankruptcy Chapter 11 Reorganization Outline

anonymous — Tue, 23 Oct 2007 05:32:57 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Bankruptcy Chapter 11 Reorganization Spring 2004 with Scarberry Introduction . Why Chapter 11? o Objectives: Preserve jobs Assets are worth more as a going concern business than on auction block . Ex: goodwill, Accounts Receivable: harder to collect if customers know that business is liquidating. . Creditors and Liens o Consensual Liens: giving a l

Chris Patrick Tax Outline

anonymous — Tue, 23 Oct 2007 05:32:49 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Gross Income226 USC 612Glenshaw Glass Test2Income w/o Receipt of Cash or Property2Exclusions3102: Exclusions of Gifts and Inheritances3132: Exclusion from gross income: 3119: Exclusions for Meals and Lodging 574: Prizes and Awards 6117: Q

Andy's Legal Profession Outline

anonymous — Tue, 23 Oct 2007 05:32:41 GMT

shared by: anonymous on: Tuesday, October 23, 2007

I.Introduction1II.Admission to the Bar2MR 8.1 (Bar Admission); MR 8.4 (Misconduct)III.Lawyer discipline and the disabled lawyer3MR 8.3 (Reporting Misconduct); MR 8.4 (Misconduct); MR 1.1 (Competence); MR 1.3 (Dilligence); MR 8.5 (Disciplinary Authority)IV.Regulating Lawyers Outside the Formal discipli

Alina_sLegalEthicsOutline[2]

anonymous — Tue, 23 Oct 2007 05:32:34 GMT

shared by: anonymous on: Tuesday, October 23, 2007

Where do "Ethics" rules come from? U.S. Constitution- 1st amendment - advertising and solicitation- 6th amendment - criminal defense rep. - (in)effective assistance of counsel- DPC- Privileges and Immunity Clause - residency requirements to take the bar exam in the state CA Constitution- It's more basic application is that our

Bar Exam MBE Summary Sheet

Jourdan — Wed, 20 Jun 2007 14:53:42 GMT

shared by: Jourdan on: Wednesday, June 20, 2007

This is an Excel Spreedsheet summarizing the MBE in a concise form. Very Helpful for the Bar Exam! Notice the tags at the bottom. All MBE subjects are covered.