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30 Cards in this Set
- Front
- Back
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Corporate fundamental changes
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My cat does funny shit
Merger Consolidation Dissolution Fundamental change to AOI Sell of substantial assets |
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Division of stock options on divorce
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Intent of employer test
HUG - compensation for past employment so use date of hire. NELSON - incentive theory, so use date the option is granted. Always compare these with the date of divorce & the date the option become exercisable. |
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Personal JX
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Traditional Bases, Long Arm Statute, Constituional Rule Statement (Fair play and substantial Justice), Contacts (purposeful availment + forseeability), Fairness (relatedness, gneral/specific, conveneince, state's interests)
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Laying Federal Venue
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1) where any D may be found if all D's in the same state
2) where a substantial part of claim arose 3) if neither 1 or 2, then in diversity cases where person is subject to PJ or in Fed Question cases anywhere D may be found. |
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Federal Class Actions
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CANT
Commonality Adequate Representative Numerosity Typicality |
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Three types of Fed Class Actions
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Prejudice (fund)
Injunction Damages (mass tort) requires notification of all class members |
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California Class Action
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"Another communist Coalition seeks redress"
Ascertainable Class + community of interest = common questions, substnatial benefits to parties and court, rep is adequate |
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Pleading requirements in Fed and CA
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Federal - Notice Pleading
CA - Fact pleading |
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Relations back doctrine in Fed and CA
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Fed - New Claim - Same T & O
Fed - New Party - Same T&), party knew w/in 120 days of filing of suit, knew they should have been part of it but for a mistake. CA - Same as above + Doe pleading 1) Original complaint must have doe pleading 2) genuine ignorance of identiy 3) substitute w/in 3 years |
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Claim Preclusion
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Claim Preclusion (res judicata) Final jdment on merits + same claimant against same D + same COA (COA is measured in Federal by T&O, CA is measured by primary rights)
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Issue Preclusion
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Collaterall Estoppel - can't relitigate a particular issue =
Final judmt on merits + actually litigated + essential to judgment + asserted by a D. If asserted by P it has to be a clear judment + forseeable + P couldn't have joined first case. |
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Attack for Evidence
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Form, Purpose, Presentaton, Hearsay, Priviledges, Presumptions.
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With Every Piece of evidence bring the following issues
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Logical relevance - in CA only if in dispute
Legal relevance - 403, policy reasons, CA prop 8 Personal knowledge |
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Specific Acts of Misconduct
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MIMIC
Motive Intent Mistake (lack of) Identity Common Plan or Scheme |
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Past Convictions for Impeachment
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Federal
Crime of TW and less than 10 years - no balancing Crime of TW and more than 10 years - balancing Felony (w/out TW) - less than 10 years - balancing Felony (w/out TW) - more than 10 years - inadmissible CA - felonies- moral turpitude, subject to balancing. misdos - moral turp in criminal cases. |
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Witness competency
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Observe, recollect, communicate, appreciate truthfulness
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Expert opinion can be bsed on
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Personal knowledge
facts made known in court facts not personally known but supplied outside courtroom and type reasonably relied upon. |
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Reasonability of principles for expert witnesses
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DAUBERT (PEAR)
Publicaton/Peer Review Error Rate Acceptance among scientists Results are tested and can be retested. CAL - Kelly Frye Generally accepted in the scientific field. |
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Non Hearsay Not being offered for the Truth of the Matter Asserted
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LENS
Legally operative Facts Effect on Hearer State of mind (circ evidence of) |
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Non hearsay per teh FRE
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These are excptions in CA.
Ice Cream is Awesome ID after preception Consistent statement to rebut Inconsistnet statement under oath Admissions (party/judicial/vicarious) |
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Unavailaibility Exceptions
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Dead with FISH
Dying Declaration Wrongdoing (forfeiture by) Former testimony under oath Interest (statement against) Statement Describing infliction or threat of Bod. Harm (OJ) History (Family History) Always bring Confrontation clause |
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Reliability Exceptions
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"Even Single People Can seem boring"
Excited Utterance Spontaneous Statement (CA) Present Sense Impression Contemporaneous Statement (CA) State of Mind (present) Bodily Condition (Present or Past to treat/diagnose) |
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Federal Catch All
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Trustworthy + Necessary + Notice
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Duties of Trustees
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LAND DIES - Loyalty, Account, Not Delegate, Due Care, Diversify, Invest, Earmark, Segregate
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Premature termination of irrevocable trusts
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S and B's agree
Purpose is complete and all B's agree Passive trust w/ real property |
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Secret vs. Semi-secret trust
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Secret Trust - name one person on the face but they are actually trustee (valid)
Semi-secret trust - no named beneficiary - stricken |
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Trusts - Restraints on Alienation
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Spendthrift - limits aleination. Preferred creditors can attach.
Support trust - health, support, maintenance and education Discretiaonry - sole discretion in trustee. self settled can be gotten to by creditors. |
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Trust creation
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Res/Corpus, Beneficiary, Trustee, Settlor, Intent (No precatory words but can be saved with parol evidence) , transfer (unless takes effect at death)
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Doctrine of change circumstances to reform trust
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Unforseen circs + necessary to preserve trust
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Insanity Tests
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McNaughten - As a result of a mental defect, lack the ability to appreciate the wrongfulness of his act or understand the nature and quality of his act.
Irrisistable impulse - unable to control his conduct or conform his conduct to the law. ALI/MPC - lack the substantial capacity to appeciate the wrongfulness or conform his conduct. Durham - Crime is the product of a mental disease or defect. |
