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anonymous 10/23/2007 | 0 (0) | 230 | 5 | 0 | English
1/7/04 Promissory Estoppel It usually acts as a substitute for valid consideration. Comes up in cases where there is typically a lack of valid consideration. Sometimes it is used t... ... more>>
anonymous 10/23/2007 | 0 (0) | 190 | 3 | 0 | English
Lecture for Legal Writing and Research 8/26/03 The American Legal System p.22 in Calleros US CONSTITUTION Executive Legis Judicial Enforces the law Enacts the law Case law Case law Interpret law ... more>>
anonymous 10/23/2007 | 0 (0) | 209 | 3 | 0 | English
CONTRACTS SECTION B Contract is an agreement which carries legal ramifications. Offer Acceptance Consideration Contract does not need to be on paper, it represents the agreement, not the paper. Def ... more>>
Bar Review
anonymous 2/15/2008 | 9 (1) | 304 | 33 | 1 | English
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 ... more>>
anonymous 2/15/2008 | 0 (0) | 236 | 20 | 0 | English
anonymous 1/24/2008 | 0 (0) | 1299 | 28 | 0 | English
WILLS & ESTATES OUTLINE
Prof. Steven Goode - Summer 1997
This 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 ... more>>
anonymous 10/23/2007 | 0 (0) | 184 | 6 | 0 | English
2005
Information
Booklet
Saturday, March 12, 2005
Friday, August 12, 2005
Friday, November 4, 2005
NATIONAL CONFERENCE OF BAR EXAMINERS
Keep This Booklet
for Reference
For the following information, please write to the addresses
shown below, or telephone between 8:30 A.M. and 5:00 P.M.
Central Time, Monday through Friday.
Application an ... more>>
anonymous 10/23/2007 | 0 (0) | 631 | 62 | 0 | English
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) ... more>>
anonymous 10/23/2007 | 4.5 (2) | 768 | 93 | 0 | English
Intentional Torts
Battery
Harmful or Offensive Contact
Offensive= 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 apprehension
apprehension= knowledge or awareness of ... more>>
anonymous 10/23/2007 | 0 (0) | 578 | 79 | 0 | English
Damages
Damages= ? is ordered to pay money to the ?. 3 Types (Compensatory, Nominal, Punitive)
COMPENSATORY
Compensatory 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 ... more>>
anonymous 10/23/2007 | 7 (1) | 463 | 82 | 0 | English
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 ... more>>
anonymous 10/23/2007 | 0 (0) | 408 | 91 | 0 | English
What Body of Law to Apply
Use 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 > Clients
Competence >
Candor/Truthfulness > Court, Tribunal,
F ... more>>
anonymous 10/23/2007 | 0 (0) | 452 | 76 | 0 | English
Relevance
Logical 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 Occurrences
Where evidence is admissible even though it does not directly involve some time, event, or person involved in the litig ... more>>
anonymous 10/23/2007 | 0 (0) | 422 | 82 | 0 | English
Jurisdiction
A state acquires jurisdiction if (1) conduct occurred in the state or (2) result occurred in the state
Crimes of Omission: jurisdiction lies where the act should have been performed.
Merger
Generally, crimes do not merge into another substantive offense
2 Merger Crimes: (1) solicitation, (2) attempt. (note: conspiracy does not ... more>>
anonymous 10/23/2007 | 0 (0) | 292 | 38 | 0 | English
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 ... more>>
anonymous 10/23/2007 | 5.5 (2) | 543 | 120 | 1 | English
Applicable Law
CL (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 ... more>>
anonymous 10/23/2007 | 9 (1) | 552 | 108 | 0 | English
Federal Judicial Powers
Justiciability= federal courts are limited to cases & controversies
Standing= Injury (must be or imminently will be injured), Causation (? caused or will cause injury), Redressibility (favorable decision will remedy the injury). Federal court cannot issue advisory opinions.
3rd Party Standing: General Rule=not allowed. ... more>>
anonymous 10/23/2007 | 7 (1) | 1016 | 120 | 0 | English
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 ... more>>
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