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Bar Review
anonymous 10/23/2007 | 10 (1) | 221 | 24 | 0 | English
Corporations
Organization of Corporations
Formation 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 ... more>>
anonymous 2/15/2008 | 9 (1) | 206 | 27 | 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 10/23/2007 | 8 (1) | 253 | 18 | 0 | English
I. Introduction 1
II. Admission to the Bar 2
MR 8.1 (Bar Admission); MR 8.4 (Misconduct)
III. Lawyer discipline and the disabled lawyer 3
MR 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 ... more>>
anonymous 10/23/2007 | 8 (1) | 124 | 0 | 0 | English
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 Stories
Hotter than Beverly Hills 90210
Now about that wombat
'The Great One' on a breakaway
That's why it's called Studio City ... more>>
anonymous 10/23/2007 | 7 (2) | 302 | 61 | 1 | English
Regulation of Attorneys
Entity that Regulates
The 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 state
State may restrict the practice ... more>>
anonymous 10/23/2007 | 7 (1) | 556 | 63 | 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>>
anonymous 10/23/2007 | 7 (1) | 303 | 56 | 0 | 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 | 7 (1) | 229 | 41 | 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 | 6 (1) | 318 | 7 | 0 | English
Essay 1
1
A v. D
(1) NEGLIGENCE
Duty/ Foreseeable Plaintiff
A 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 ... more>>
anonymous 10/23/2007 | 4.5 (2) | 488 | 53 | 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 | 1 (1) | 234 | 29 | 0 | English
1. In order to convey fee simple title it is necessary to have words of limitation in the instrument. At common law to have fee simple you need to Y, and his heirs. Fee simple determinable is to Y, and his heirs, as long as blah, blah, blah. Here it simply says to have in fee simple. So fee simple title is not conveyed and it only coveys a con ... more>>
anonymous 10/23/2007 | 0 (0) | 180 | 18 | 0 | English
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 ... more>>
anonymous 10/23/2007 | 0 (0) | 159 | 8 | 0 | English
Arthur's Rights
Transfer of Remainder Interest from Orin
Arthur 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.
Writing
Bec ... more>>
anonymous 10/23/2007 | 0 (0) | 203 | 19 | 0 | English
Ed v. Courier Journal
Ed 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 LIABILITY
Ed will be able to bring these c ... more>>
anonymous 10/23/2007 | 0 (0) | 189 | 9 | 0 | English
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 ... more>>
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