Dass Mt Bar Exam

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Full Faith and Credit for judgment

Back 1

JMF
1. JX
2. Merits
3. Final

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Gross income for taxation

Back 2

all income from whatever source

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Exclusions from Gross income

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-Life insurance paid b/c of death
- inheritances
- gifts (not income from gifts)
- interest on state and local bonds (not fed bonds)
- recovery of damges for injury
- gain from sale of principal residence

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Subtract from Gross income

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- business deductions
- capital losses
- rent and royalties
- alimony paid
- qualified moving expenses
- qualified higher education expenses

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Taxable income=

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gross income MINUS
mortgage interest
state and local taxes
Charitable contributions
Medical expenses (if exceed 10% of EE's wages)
dependent children

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Requirements to be dependent child

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- under 24
- must reside with parent for more than 1/2 taxable year
- must not have provided more than 1/2 of own support

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Partnership Taxation

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income pases through to partners but partnership must still report income to IRS

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Corporate Taxation

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taxed as its own entity, but may not deduct personal exemptions, expenses for the production of income, medical expenses, expenses for the care of dependents, alimony, certain cooperative housing deductions or moving expenses

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MT Procedure for worker's comp claim

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1. Dispute with claim
2. request mediation with department of labor and industry
3. petition worker's comp judge
4. direct appeal to sup. ct

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Worker's Comp Ind. Contractor exemption

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1. whether the claimant is engaged in an independently established trade or profession
2. whether the ER controls the performance of the services

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Def of Employment for Worker's Comp

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Must be arising out of or in the course of employment

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Uninsured Employers cannot use these defenses:

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1. EE was negligent, unless the negligence was willful
2. injury was caused by another EE's negligence
3. EE assumed the risk through employment

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Attachment

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determines rights between debtor and secured party and usually requires a security agreement

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Perfection

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establishes right between secured party and the rest of the world

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worker's comp injury

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internal or external physical harm, that is caused by an accident. Identifiable to specific date and time

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Worker's Comp Occupational disease

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events occuring on more than a single day or work shift. The work related events must be the major contributing cause of the disease in relation to other factors contributing to it

Front 17

Uninsured Worker's Comp ERs cannot use these defenses

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1) EE was negligent, unless the negligence was willful; 2) the injury was causedby a fellow ee's negligence; or 3) ee had assumed the risk of employment

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Trust Indenture

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40 acres or less, automatic power of sale, no redemption if foreclosed through automatic power of sale

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Negotiability

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Written and signed: 1) Unconditional; 2) Promise or Order and 3) Fixed amount of $$ (Definite time)

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Holder

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1. Possession of instrument and 2. right to enforce

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Holder in Due Course

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Holder 1) possession with right to enforce AND VGW = Value, good faith, without notice

(Determined at the time the instrument is negotiated)

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Only assert these defenses against HDC

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Real Defenses - Mad Fifi 4
Material alteration, duress, fraud in factum, infancy, illegality, insolvency

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Stop payment to bank

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describes check with reasonable certainty, gives bank time to act

Written = 6 months Oral = 14 days

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Forming Corp

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PPA
1) People, Paper, Act

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Voting Agreements

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Directors = no
Shareholders = yes but must be in writing

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Whether Principal/Agent relationship exists

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Look to: ABC Assets Bennefit Control (usually turns on control)

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Types of Authority

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4- actual, actual implied (necessity, custom, prior dealings), apparent (p cloaks with authority and 3rd party relies on it), ratification (knowedge of material facts and accepts benefit)

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Partnership formation

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no formalities required, sharing profits = presumption that partnerhsip exists

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Partnership profits and losses

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absent agreement profits shared equally and losses are shared the same way

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Priority of distribution or partnership proceeds

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1. creditors
2. capital contributions
3. profits and surplus

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Minimum contacts

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My parents frequently forgot to read childrens' stories:
Purposeful availment, forseeability, relatedness of contact and claim, convenience, state's interest

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Diversity jx

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$75,000 + diversity of citizenship

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supplemental jx

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common nucleas of operative fact

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federal venue

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where D resides or where coa accrued

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Class action

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must have NCTR- Numerosity, Commonality, Typicality, Representative Adequate

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Res Judicata

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1. Same Claimant against Same D, 2. Case ended in valid judgment and 3) asserted the same claim

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Collateral Estoppel

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1. ended with final judgment
2. issue was actual litigated
3. issue was essential to the case
4. can only be against part to the first action
5. mutuality - can be asserted by party of the first action

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Simulataneous Death Rule

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When title to property depends on order of deaths there is no sufficent evidence that the persons have died otherwise than simultaneously, the property of each passes as through he or she survived

Probate Code- requires suvival by 120 hours

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Order of abatement

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1. intestate property
2. residuary
3. General Legacies
4. specific bequests

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Undue influence for will requires

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1. existence and exertion of the influence
2. effect is to overpower the mind and will of the testator
3. product is a will that would not have been made but for the influence

Front 41

Requirements for trust

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1. settlor, 2. delivery, 3, property, 4. trustee, 5. beneficiaries, 6. intent, 7. lawful purpose

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Common Law Marriage

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1. Consent, 2. Cohabitation, 3. Holding out as married

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Divorce

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In MT must live apart for 180 days prior to proceedings

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Divorce JX

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one party domiclied for at least 90 days in MT

Front 45

Child custody JX

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Child's Home State immediately prior to commencement or w/i 6 months of action

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Custody Standard b/t Parents

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Best interest of the child

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Custody standard b/t parents and 3rd party

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unless parent is unfit or there are compelling reasons for denying custody, custody goes to parents

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Term used for visitation

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parenting

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Modification of Parenting

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2 years, best interest of child and substantial change in circumstances

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child support

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determined under Uniform child support guidelines

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Factors for Spousal Support or Maintenance

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ICE SLAP
Income producing capacity, Contribution by one party to other party's earning capacity, Education of parties at time of marriage and at time of divorce, Standard of living during marriage, Length of marriage, Age and health of parties, Property Division

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Guardianship

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right to physical possession of ward

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Conservatorship

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controls with managment and possession of minor or incapacitated person's property

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Subject Matter JX

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Case or controversy
Standing
ripeness

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Holographic will

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in testator's handwriting and signed

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Avancements

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only if declared and acknowledged

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MT Ademption

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if specific bequest not in estate at time of death, bene can get unpaid balance on balance on purchase price, replacement property if the property was replaced with similar property, court can construe as general bequest, or insurance proceeds for property lost

Front 58

MT probate SOL

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3 years