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71 Cards in this Set
- Front
- Back
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Adverse Possession
OCEAN |
OPEN CONTINUOUS EXCLUSIVE ACTUAL NOTORIIOUS
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CONTRACTS
UNTIL FALL TEST PRESSURE EXHAUSATION BOTH THREATEN ROMANCE |
UCC OR CL; FORMATION; TERMS OF K; PERFORMANCE; EXCUSES; BREACH; THIRD PARTY ISSUES; REMEDIES
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LEMON TEST
LEMON PIE |
P- SECULAR PURPOSE
I-ADVANCE OR INHIBIT E- ENTANGELEMENT |
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SPEICIFIC INTENT CRIMES
BAM ACTS |
BURGLARY; ASSAULT; MURDER 1; ATTEMPT; CONSPRIACY; THEFT (CRIMES) SOLICITATION
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GENERAL INTENT CRIMES
MBRIK |
MURDER 2; BATTERY; RAPE; IMPRISONMENT (FALSE) KIDNAPPING
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COLLATERAL ESTOPPEL
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PARTY IN PRIOR LAWSUIT; IDENTICAL ISSUE; ACTUALLY LITIGATED AND DETERMINED; NECESSARILY DETERMINED; OPPORTUNITY TO LITIGATE (FULL AND FAIR)
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STATE STATUTE IS PREEMPTED BY FEDERAL LAW IF NOT EXPLICIT ---PUSH
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PERVASIVENESS OF REGS;UNIFORMITY OF REGULATION DESIRED; SIMILARITY OF REGULATION; HISTORY OF HOW THAT AREA HAS BEEN REGULATED
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STATUTE OF FRAUDS
MY LEGS |
MARRIAGE; CONTRACTS THAT CANNOT BE PERFORMED IN ONE YEAR; LAND CONTRACTS; PAYMENT FROM EXECUTOR FUNDS; SALE OF GOODS OVER 500; SURETY AGREEMENTS
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RULE 10B5
FRANK SECRETLY PURCHASED INTERESTING ROMAAN DECORATIONS |
FRAUD; SCIENTER; PURCHASE OF SECURITIES; INTERSTATE COMMERCE; RELIANCE; DAMAGES
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BATTERY
CHILA |
THE INTENTIONAL HARMFUL OR OFFENSIVE TOUCHING OF ANOTHER WITHOUT CONSENT-
CAUSATION- HARMFUL/OFFENSIVE CONTACT-INTENTIONAL-=LACK OF CONSENT OR PRIVILEGE- ACT |
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ASSAULT
CAAILI |
THE INTENTIONAL PLACING OF ANOTHER IN REASONABLE APPREHENSION OF AN IMMINENT HARMFUL OR OFFENSIVE TOUCHING WITHOUT CONSENT OR PRIVILEGE
CAUSATION-ACT-INTENT-LACK OF CONSENT OR PRIVILEGE-IMMINENT |
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INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
DICE |
CONDUCT OF AN EXTREME AND OUTRAGEIOUS NATURE WHICH IS CALCULED TO CAUSE AND DOES CAUSE SEVERE EMOTIONAL DISTRESS
DAMAGES-INTENT-CAUSATION- EXTREME CONDUCT |
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FALSE IMPRISONMENT
A CONFINEMENT CAN INVOLVE ANGUISH - ACCIA |
ACT- CONFINEMENT-CAUSATION-INTENT-AWARENESS OR HARM
THE INTENTIONAL PHYSICAL CONFINEMENT OF ANOTHER WITHIN FIXED BOUNDARIES FOR ANY PERIOD OF TIME, WITHOUT CONSENT OR PRIVILEGE |
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TRESPASS TO LAND
PUTTING IN POND IS ASININE |
PHYSICAL- INVASION-POSSESSION-INTENT-ACT
THE INTENTIONAL ENTERY UPON THE LAND IN POSSESSION OF ANTHER WITHOUT CONSENT OR PRIVILEGE |
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TREPASS TO CHATTEL
PIPIA |
THE INTENTIONAL INTERFERENCE WITH THE CHATTEL IN POSSESION OF ANOTHER WITHOUT CONSENT OR PRIVILEGE
POSSESSION-INTENT-DAMAGES-INTEREFERENCE- ACT |
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CONVERSION
DIP |
THE INTENTIONAL EXERCISE OF WRONGFUL DOMINION AND CONTROL OVER THE CHATTEL OF ANOTHER WITHOUT CONSENT OR PRIVILEGE
DOMINION-INTENT-POSSESSION |
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DEFENSES TO INTENTIONAL TORTS
CRAZY SILLY DOUBLE DEALING DIRTY DOG LEAVE RIGHT NOW NEVER RETURN EVER |
CONSENT-DEFENSE OF OTHERS-DEFENSE OF PROPERTY-DISCIPLINE- DETNETION FOR INVESTIGATON- LEGAL AUTHORITY- REENTRY OF LAND WRONGFULLY WITHHELD- NECESSESSITY (PUBLIC)- NECESSITY (PRIVATE)
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ATTRACTIVE NUISANCE DOCTRINE
A CHILD USUALLY REBELS YEARLY UNLESS RESTRAINED |
A CHILD USUALLY REBELS YEARLY UNLESS RESTRAINED
ARTIFICIAL- CONDITION- UNREASONABLE- RISK- YOUTH- UTILITY- RISK |
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FOUR PRELIMINARY FACTS FOR THE JURY
BARK |
BEST EVIDENCE RULE- AUTHENTICITY- RELEVANCE- KNOWLEDGE
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EVIDENCE- OTHER CRIMES, WRONGS, OR ACTS EVIDENCE ADMISSIBLE FOR NON-CHARACTER PURPOSES
MIAMI COP |
PURPOSES FOR WHICH OTHER CRIMS, WRONGS, OR ACT EVIDENCE (SOMETIMES REFERRED T AS EXTRINSIC OFFENSE" EVIDENCE MAY BE OFFERED
MOTIVE; IDENTITY; ABSENCE OF MISTAKE OR ACCIDENT; INTENT; COMMON PLAN OR SCHEME; OPPORTUNITY; PREPARATION |
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SELF-AUTHENTICATION
CONTAC |
LIKELIHOOD OF FORGERY OR TAMPERING SO SMALL THAT PROPONENT NOT REQUIRED TO PRESENT ANY EVIDENCE TO ESTABLISH THAT THE ITEM IS WHAT IT PUPORTS TO BE
COMMERCIAL PAPER; OFFICIAL PUBLICATIONS; NEWSPAPERS OR PERIODICALS; TRADE INSCRIPTIONS; ACKNOWLEDGED DOCUMENTS; CERTAIN PUBLIC RECORDS |
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EVIDENCE- FIVE METHODS OF IMPEACHMENT
BICCC |
BIAS; INCONSISTENT STATEMENTS; CAPACITY; CHARACTER; CONTRADICTION
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EVIDENCE- HEARSAY EXCEPTIONS
BAD SPLITS PEPPI |
BUSINESS RECORDS; ADMISSION BY A PARTY OPPONENT; DYING DECLARATION; SPONTANEOUS STATEMENTS (EXCITED UTTERANCE AND PRESENT SENSE IMPRESSION)
PAST RECOLLECTION RECORDED; LEARNED TREATIES; INTEREST DECLARATION (AGAINST) TESTIMONY (FORMER); STATE OF MIND OR CONDITION; PUBLIC RECORDS; EQUVALANCY (RESIDUE OR CATCHALL); PRIOR INCONSISTENT STATEMENT- PRIOR CONSISTENT STATEMENT; INDENTIFICATION |
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HEARSAY EXCEPTION
BUSINESS RECORDSS KRAP |
KEEP; REGULAR COURSE; AT OR NEAR THE TIME; PERSONAL KNOWLEDGE
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HEARSAY EXCEPTIONS REQUIRING UNAVAILABILITY
DAFT |
DYING DECLARATION; AGAINST INTEREST DECLARATIONS; FAMILY AND PERSONAL HISTORY STATEMENTS; TESTIMONY (FORMER)
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HEARSAY EXCEPTIONS CONSTITUTING UNAVAILABILITY
PRIME |
PRIVILEGE; REFUSAL TO TESTIFY; ILL OR DEAD; MEMORY; ABSENT
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SLANDER PER SE
PLUM |
PROFESSON AND BUSINESS (ADVERSE REMARKS)
LOATHSOME DISEASE UNCHASTITY OF AN UNMARRIED WOMAN; CRIME INVOLVING MORAL TURPITUDE |
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INVASION RIGHT TO PRIVACY
CLIP |
C-PICTURE OR NAME FOR COMMERCIAL ADVANTAGE L- FALSE LIGHT- I- INSTRUSION UP PL'S AFFAIR OR SECLUSION- P- PUBLIC DISCLOSURE OF PRIVATE FACTS
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DEFENSE OF CONTRACT
I DIE FOR MY MOM'S UNCONDITIONAL LOVE |
INCAPACITY-DURESS-MISTAKE-MISREPRESENTATION-STATUTE OF FRAUDS-UNCONSCIONABILITY-ILLIGALITY
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WHEN A THIRD PARTY BENEFICIARY RIGHT VEST
LAR |
LAWSUIT- 3PB BRINGS LAWSUIT TO ENFORCE THE K-
ASSENT 3PB GIVES ASSENT TO THE BENEFIT- RELIANCE- 3PB DETRIMENTALLY RELIES AFTER KNOWLEDGE OF THE BENEFIT |
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REQUIREMENTS FOR TRUST CREATION (REVERSE ORDER)
PARTI |
PURPOSE- ASCERTAINABLE BENEFICIARIES- RES- TRUSTEE- INTENT
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WILLS
TO BE VALID A WILL MUST BE SWEPT |
SIGNED BY AN ADULT TESTATOR- IN WRITING- SIGNATURE ANYWHERE NOT JUST END- PUBLISHED THAT IT'S A WILL- TWO WITNESSES
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A WILL'S VALIDITY CAN BE CONTESTED BASED ON
TIE |
T- LACK OF TESTAMENTARY CAPACITY- I- UNDUE INFLUENCE- E- IMPROPER EXECUTION (DEFECTIVLEY SWEPT SEE ABOVE)
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RULE AGAINST PERPETUTITES
INTEREST SUBJECT TO THIS RULE CEO, PRESIDENT, VICE PRESIDEN OF THE COMPANY |
CONTINGENT REMAINDERS, EXECUTORY INTEREST, OPTION TO PURCHASE LAND NOT INCIDENT TO A LEASE, VESTED REMAINED SUBJECT TO OPEN, POWER OF FIRST REFUSAL, CLASS GIFT
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PROFESSIONAL RESPONSIBILITY
CLIENTS LOVE FIRECE COUNSEL; COURTS FEEL DIFFERENTLY |
CLIENTS: CONFIDENTIALITY; LOYALTY; FIDUCIARY DUTY; COMPETENCE; (COURTS AND OTHERS) CANDOR, FAIRNESS, DIGNITY/DECORUM
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WILLS ANALYSIS
ETERNAL REST IS LOST IF ASHES ARE MADE PROPERLY |
EXECUTION- REVOCATION-INCORPORATION BY REFERENCE-LAPSE- INTERPRETATION- ADEMPTION AND EXONERATION-AMBIGUITY AND MISTAKE- PROBATE
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PERSONAL JURISDICTION
INTERNATIONAL SHOE MY PURPOSE FOR FLUNKING IS REALLY CAUSE STUDY SUCKED |
MINMIMUM CONTACTS, PURPOSEFUL AVAILMENT- FORESEEABILY HALED INTO COURT- SYSTEMATIC AND CONTINUOUS ACTIVITY IN FORUM STATE- CONVENIENT FOR D- FORUM STATE'S INTEREST
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6 EXCEPTIONS TO PROBABLE CAUSE WARRANT REQUIREMENT
POLICE CAN'T ALWAYS SEIZE ILLIGAL HASH & ECSTASY |
PLAIN VIEW; CONSENT; AUTOMOBILE STOP & FRISK; INCIDENT TO LAWFUL ARREST; HOT PURSUIT; EVANESCENT EVIDENCE
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DISTINGUISHING BETWEEN ARTICLE 4 PRIVILEGE AND IMMUNITIES AND 14A PRIVILEGES OR IMMUNITIES
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ALIENS 14 STATES 4
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RES JUDICATA
CP |
CLAIM PRECLUSION
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COLLATERAL ESTOPPEL
IS |
ISSUE PRECLUSION
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REQUIREMENTS FOR INJUNCTION RELIEF
IT'S PRETTY FRIGGIN BAD DUDE |
INADEQUATE LEGAL REMEDIES; PROPERTY RIGHT; FEASIBILITY; BALANCING OF HARDSHIPS; DEFENSES
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COMMUNITY PROPERTY- CALIFORNIA
SPADD |
SOURCE; PRESUMPTIONS; ALTERATIONS; ANALYSIS; DISTRIBUTION
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ORDINARILY ONE OWES NO DUTY TO ANOTHER UNLESS
SCRAP |
statutory; contract; relationship (special like spouse, parent child)
assumption of duty peril (if one causes it) |
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CON LAW- 1ST AMENDMENT PORN TEST
MILLER TEST- PP SLAP |
PURIENT INTEREST, PATENTLY OFFENSIVE; (LACKS) SOCIAL, LITERARY, ARTISTIC, POLITICAL VALUE
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DEFENSES TO SLANDER
JUDGE TRACY CONTESTS EVERY DEF LIES |
JUDICIAL PROCEDING; TRUTH; CONSENT; EXECUTIVE PROCEEDINGS; DOMESTIC (HUSBAND AND WIFE) LEGISLATION- (LEGISLATION PROCEEDING)
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COMMON LAW FELONIES
MR MRS LAMB |
MURDER; RAPE; MANSLAUGHTER; ROBBERY; SODOMY; LARCENY; ARSON; MAYHEM; BURGLARY
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CONSTRUCTIVE EVICTION-- SING--
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SUBSTANTIAL INTERFERENCE- NOTICE (MUST BE GIVEN TO LAND LORD) GET OUT (T MUST VACATE PREMISE TO RAISE CONSTRUCTIVE EVICTION; OPTIONS-
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CRIME DEFENSES
CRIMINAL CRIME I PAID |
CONSENT; ARREST; NECESSITY; DURESS; INSANITY; DIMINISHED CAPACITY; CLAIM OR RIGHT; RESISTING UNLAWFUL ARREST; INTOXICATION; MISTAKE; ENTRAPMENT; IMPOSSIBILITY; PREVENTION OF CRIME; ABANDONMENT; INFANCY; DEFENSE (SELF, OTHERS, PROPERTY)
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FELONY MURDER FELONIES
BARRKS |
BURGLARY, ARSON, ROBBERY, RAPE, KIDNAPPING, SODOMY
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STRICT LIABILITY TYPES (IN TORT LAW)
DDFF |
DEFECTS IN DESIGN; DEFECTS IN MANUFACTURE; FAILURE TO WARN; FAILURE TO INSTRUCT
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ATTACKING ENFORCEMENT OF CONTRACT
IF GUMS |
INCAPACITY; FORMATION (OFFER, ACCEPTANCE) GANGSTER (FRAUD DURESS OR ILLEGALITY) UNCONSCIONABILITY; MISTAKE (PEERLESS) STATUTE OF FRAUDS
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INVASION OF PRIVACY TORTS
DIAL |
DISCLOSURE OF PRIVATE FACTS; INTRUSION INTO PRIVATE FACTS; APPROPRIATION OF LIKENESS; LIGHT, PORTRAYAL OF THE PLAINTIFF IN A FALSE
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DAMAGES IN TORTS
POGS |
GENERAL (OUT OF POCKET)
PUNITIVE SPECIAL DAMAGES (SHOW ME A RECEIPT) OUT OF POCKET (MISREP TORT) |
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CONSTITUTIONAL TEST FOR PERSONUM JURISDICTION
MAY PREFERS FRAPPES, FREQUENTLY REQUESTING COFFEE SHOTS |
MINIMUM CONTACTS, PUPROSEFUL AVAILMENT, FORSEEABILITY, FAIR PLAY AND SUSBTANTIAL JUSTICE, RELATEDNESS, CONVENIENCE, STATE'S INTEREST
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EVIDENCE FOR ADMISSIBILITY
RR CHIPP |
RELEVANCY; RELIABILITY; CHARACTER EVIDENCE; HEARSAY; IMPEACHMENT; PRIVILEGE; POLICY EXCEPTION
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OBJECECTIONS
C.A.N MY S.C.H.O.O.L PROVIDE A COUNDATION TO PASS A VIGIOUS BAR IF NOT CANT PRACTICE |
CONCLUSIONARY; ARGUEMENTATIVE; NARRATIVE; MISLEADING; SPECULATIVE; COMPOUND; HEARSAY; OUTSIDE THE SCOPE; OPINION (LAY, LEADING; PRIVILEGE, ASKED AND ANSWERED; FOUNDATION; VAGUENESS; BEST EVIDENCE; ASSUMES FACTS NOT IN EVIDENCE; RELEVANCE; NON RESPONSIVE; CHARACTER; PREJUDICIAL
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EXCEPTIONS TO WARRANT REQUIREMENT
CHEAPS |
CONSENT; HOT PURSUIT; EXIGENT; AUTO; PLAIN VIEW; SEARCH INCIDENT TO LAWFUL ARREST
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EASEMENTS
A NAG |
AFFIRMATIVE; NEGATIVE; APPURTENANT; GROSS
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EASEMENT
CREATING EASEMENT IS AS EASY AS "PIE" |
PRESCRIPTION, IMPLIED, EXPRESS
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EXCEPTIONS TO PAROL EVIDENCE RULE
DAM FOIL |
DURESS, AMBIGUITY, MISTAKE, FRAUD ORAL CONDITON (PRECEDENT)
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6 COVENANTS OF TITLE
SASSY CUTE CATS QUIETLY WALK WITH A WHISPER FRQUENTLY |
COVENANT - SEASON, CONVEY, ENCUMBRANCES, QUIET ENJOYMENT, WARRANTY FURTHER ASSURANCES
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RES IPSA LOQUITUR
IRS |
INFERENCE (OF NEGLIGENCE, P HAS MET HIS BURDEN OF PRODCUTION TO ALLOW CASE TO GO TO JURY)
REBUTTABLE PRESUMPTION OF NEG- ( SHIFTS BURDEN ON D TO PROVE THAT HIS NEG DID NOT CAUSE INJURY) SHIFTS (SHIFTS ULITIMATE BURDEN TO THE D) |
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Essentials for Community Property
S.i.p that good cognac |
Seperation; Improvement; Pereira/VanCamp; (sip) T- transmutation; G-gifts; C- commingled accounts
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Pereira Test
Must be SP Business |
1) must be seperate property business
2) when the business is enhanced due to time, skill, labor 3)take original money down to start business, 10% times the number of years the business is and minus that for what the value of the business is worth now. Example 1,000 to start bar business, 10% is $100.00 times that for the number of years until divorce 7 is $700.00 add the $1,000 and your share is $1,700 SP the rest is split 50 50 CP |
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Van/Camp Test
Must Be SP Business |
When the value of the SP business increases due to say market conditions only, no time or labor involved.
You take the value of the services (reasonable amount of what a normal person in that business would pay) and give that to the CP less any of the living expenses etc spent and the rest is SP property. Value of building is 100,00 to manage it is 5,000 salary remaineder is $95,000 SP |
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Reverse Pereira
Must Be CP Business |
If the reason the CP business went up due to the SP services it is reverse Pereira
First it is a CP business then you look for the time labor etc spent working it as SP do the formula of 10% of original investment 1,000 $100- x the number of years in business 7 is $700 add the original investment $1,700 that is CP then split the remainder of the value of the business is SP |
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Reverse Van Camp
Must be CP Business |
The value does not go up
You set a salary to the SP and the rest is split as CP |
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Quasi Community Property
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All property acquired by either spouse while domociled outside of California which would have been community property if the spouse who acquired the property had been domiciled in California at the time of its acquisition
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Quasi- Marital Property
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All property acquired during a void or voidable marriage, in which one or both parties has the status of a putative spouse which would have been community or quasi community property if the marriage had nt been void or voidable
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Putative Spouse
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A putative marriage exists where one or both spouses believe in good faith that they are validly married even though in fact they are not. Only the innocent party or parties qualifies as a putative spouse
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