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17 Cards in this Set
- Front
- Back
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Sales
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Article 2 of the UCC
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Corporations
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BCL
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NY Practice
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CPLR
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Domestic Relations
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NY Domestic Relations Law
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Criminal Law
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New York Penal Law
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Trusts
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EPTL
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Partnerships
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NY Partnership Law
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Commercial Paper
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Article 3 of the UCC
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Real Property
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NY GOL (statute of frauds) (GOL = general obligations law), NY RPL (real property law race notice statute), Uniform Vendor and Purchaser Risk Act
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Secured Transactions
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Article 9 of UCC
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Contracts
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NY GOL (relating to offer and acceptance, consideration, and statute of frauds)
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Torts
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Article 16 of the CPLR, NY General Municipal Law (tort act against Municipalities), Non Resident Motorist Statute (NY VTL (vehicle and traffic law))
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Mortgages
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NY GOL (statute of frauds), NY RPL (mortgage foreclosure), Race Notice Statute
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Worker's Compensation
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NY Worker’s Compensation Law
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No Fault Insurance
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NY Insurance Law
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Legal Remedies
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Most heavily tested = money damages.
Say “plaintiff has the legal remedy of collecting monetary damages…” 2nd = replevin Legal action to recover personal property from defendant that belongs to the plaintiff SOL for replevin – 3 years – say “Under the CPLR, the SOL for a legal action in replevin is 3 years from the date the defendant wrongfully refused to return the object” How you state the law matters! Don’t just say “SOL is 3 years” 3rd = conversion 4th = ejectment 5th = repossession (under Article 9 of UCC) 6th = trespass to chattels |
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Equitable Remedies
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Most heavily tested = specific performance
But if you are talking about specific performance must say “the buyer has the equitable remedy of specific performance” as the grader will look for the word equitable 2nd most tested = equitable remedy of rescission 3rd = reformation of a contract 4th = an accounting 5th = constructive trust Use 4th and 5th together when defendant is a fiduciary who breached any of his fiduciary duties 6th = TRO 7th = Preliminary injunction 8th = Appointment of a receiver |
