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18 Cards in this Set
- Front
- Back
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Agency |
Agency is a consensual relationship wherein an agent agrees to and/or acts on the behalf of a principal in affecting legal relationships with third parties.
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Partnerships
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Under the Revised Uniform Partnership Act (RUPA), a partnership is an association to carry on and manage, as co-owners, a business for profit.
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Corporations & LLCs.
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The RMBCA contains some mandatory provisions that must be followed by all corporations and limited liability companies. Default rules apply if the articles, bylaws, shareholder agreements, or shareholder resolutions are silent on the matter at issue.
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Conflicts of Laws
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Conflicts of laws deals with matters having a nexus to more than one jurisdiction and the problems that arise when the law of one jurisdiction differs from that of another.
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Family Law
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Family law protects the rights of parties subject to a marital dissolution, including children.
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Federal Civil Procedure
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Proper civil procedure promotes efficiency, and courts generally require strict compliance.
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UCC Article 3 - Commercial Paper
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A Holder in Due Course (HDC) of a Negotiable Instrument (NI) takes free and clear of personal defenses.
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UCC Article 9 - Secured Transactions
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UCC Article 9, Secured Transactions (ST), protects creditors whose interests in a debtor's goods have attached or perfected.
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Trusts & Future Interests.
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The law of trusts controls the dispersal of personal property to others under the protection of a fiduciary.
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Wills & Decedents' Estates
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Will and probate law generally governs the disposition of assets upon death.
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Common Law Contracts & UCC Article 2, Sales
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The common law of contracts governs contracts for services, intangibles and real estate, but the court may apply a UCC Article 2 "goods" provision by analogy. UCC Article 2 eases the strict common law contract requirements to provide more certainty in transactions involving the sale of movable goods.
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Constitutional Law
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The state and federal government generally may act as long as the regulation is rationally related to a legitimate government interest and the act is not proscribed by the Constitution.
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Criminal Law
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Criminal law protects the peace and dignity of the state.
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Criminal Procedure
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Adherence to proper criminal procedure protects the rights of the accused and ensures a fair legal process.
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Evidence
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The Federal Rules of Evidence (FRE) attempt to provide fact finders with reliable, relevant facts and exclude all else.
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Real Property & Future Interests
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The common law of property applies.
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Torts
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The common law of torts protects the interests of those who have suffered harm.
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Professional Responsibility
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The Rules of Professional Conduct (RPCs) set the standard that no lawyer may fall below without being subject to professional discipline.
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