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40 Cards in this Set
- Front
- Back
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Defenses to Contract Formation
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MAMUSIC
Misrepresentation Ambiguity in Terms Mistake of Fact Unconscionability Statute of Frauds Illegality Capacity |
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Goods over $500 exceptions for a writing
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SWAP
1) Special manu + substantial Beg 2) Written Confirmatory memo by - Merchant + conf memo + 10 day rule. 3) Admissions in pleadings/court 4) Payment of Goods/Delivery (performance) |
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Contract Excuse Defenses
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LOANS
L – Later Unforeseen Event Impossibility, Impracticability, Frustration of Purpose O – Other party’s breach A – Anticipatory Repudiation N – Non-Occurrence of Express Condition unless Waiver, Estoppel or Hindrance S – Secondary K Rescission Accord & Satisfaction Modification Novation |
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Specific Performance
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“Conviser is a Mother Fucking Douchebag”
Contract is Valid (certainty) & Conditions are satisfied Inadequate Legal Remedy Mutuality of Obligation Feasibility of SP decree Defenses |
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Equal Protection Attack
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Classification?
Facially Discriminatory/Facially Neutral Level of Scrutiny? Apply the Test |
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Permanent Injunction
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“I Put Five Bucks Down”
Inadequate Legal Remedies Property Right is involved/Protectable Interest Feasibility of Enforcement Balancing of Hardships Defenses |
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Intentional Misrepresentation
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“My fucking ignorance creates real dangers”
Material Fact Falsity (Scienter) Intent Causation Reliance (Justifiable) Damages |
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Strict Liability
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Absolute Duty to make safe
Dangerous aspect is Cause Damages (ADA, Animals) |
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SPL
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Duty owed by commercial supplier
Defective product Defective when left D’s control Forseeable use Actual & proximate cause Damages |
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Defamation
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Defamatory Language
Of and Concerning P Publication Damage to P’s rep – libel & slander per se Falsity & Fault in Con cases Matter of public concern – falsity is part of PF case ublic Figure – must show actual malice. Private figure – negligence |
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First Amendment
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“Fuck Conlaw Every Single Time”
Facial Challenge Content Based/Content Neutral Exceptions to Content Based Symbolic Time Place Manner |
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Creation of Eastment
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PING
Prescription Implicaon Necessity Grant |
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Termination of Easement
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ENDCRAMP
Estoppel Necessity Ends Destruction of servient land Condemnation (eminent Domain) Release Abandonment Merger Prescription |
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Constructive Eviction
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SING
Serious Interference Notice Goodbye |
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Negative Easements
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LASSS
Light Air Support Stream Water from art flow Scenic View (CA only) |
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Landlords can breach these
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Covenant of Quiet Use and Enjoyment (constructive eviction)
Implied warranty of habitability |
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T's options with Implied Warranty of Habitability
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Move out (terminate lease)
Repair and Deduct Pay only rent for FMV Pay rent and sue |
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Covenants of title in a General Warranty Deed
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"People are really stupid for wanting further education"
Present (Against Encumberances, Right to Convey, Seisin) Future (Warranty, Further Assurances, Enjoyment (Quiet) |
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Fixtures analysis
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do they atTACH
Trade Fixtures Attachment Custom Harm to premises if removed |
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Tort Liability for Landlords at CL
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Caveat Emptor unless CLAPS
Common Areas Latent Defects Assumption of repairs Public Use Short term lease of furnished dwelling |
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Wills Attack
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William Clinton Rarely preaches immorality
Will Formation Components of the Wil Revocation/Revival Problems w/ Devises Intestacy |
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With any writing outside a will bring:
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Acts of Indepedant Signifcance
Incorporation by Reference California sep writing for pers property Codicil |
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Undue Influence
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3 theories
CL - Susceptability + Opp + Participation + Unnatural Result Presumption - Confidential Relationship + Active Participation + Unnatural Result California Presumption (see another flash card) |
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California Stautory Presumption of Undue Influence
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Drafter of instrument unless relative
Person in fiduciary relationship Care custodian w/ in 90 days Employees and cohabitants of the above 3rd degree relatives of the above Partners/shareholders of law firm of first two |
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PR Attack in General
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“Clients love fierce counsel, Courts feel differently, Courts and Lawyers Talk profusely.”
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Duties to Clients
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Confidentiality (A/C priv too), Loyalty, Financial, Competence & common sense
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Duties to Others
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Candor, Fairness, Dignity and Decorum
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Duty of Candor
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To public when advertising, to court to state law and facts truthfully
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Fairness
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To the other party - Indvertent disclosures, use of press to taint jury pool,
Prosecutors - must have PC |
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Dignity & Decorum
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No improper influence in court
No abusive conduct Duty to exidite case Duty to profession to avoid unauthorized practice of law, to supervise and to police misconduct. |
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Who you owe other duties to
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Court, Adversaries, Lawyers, Third Parties, Public
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Business TXs between Lawyer and Client
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First Discuss Over Coffee
Fair Terms Disclosed in ambiguous writng Opportunity for independent counsel Consent, written, by client |
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10b actions
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JDs can play real lawyers
Jurisdiction Deception (affirmative or duty w/ omiission) Scienter Connection with buy/sell of stocks Private Action requires Reliance + Loss Causation |
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10b misappropriation theory
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Insider Trading, Tipper, Tipee - Confidential realtionships and Family members unless they have no reason to know of confidential nature.
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16(b)
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Really Big Bad Profits
Reporting company or one that has 500 SH and 10 mil in assets Big Wig D Buy/Sell or Sell/Buy in less than 6 months Profits - Disgorge |
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Sarbanes Oxley
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Reporting Company
False statement filed or trading during blackout fines and jailtime Loss of incentive pay (12 months after) Loss of profits (12 months after) |
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Community Property Attack
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Source, Actions, Presumptions, Disposition
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Anti-Lucas Reimbursement
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When SP is used to improve CP - for DIP
Downpayment, Improvments, Principal payments |
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Commingled Bank Accounts
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FED
Family Expenes are always CP Exhaustion method Direct Tracing (quick in out) |
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SP owned businesses where value increases
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Periera - Personal value increases - so pay interest on the separate property owned when marriage occured, the rest is CP
Van Camp (valuable company) CP is presumed from labor & any community expenses are presumed - then the rest is SP. |
