My Virginia Bar Exam

Front 1

Requirements of a Holographic Will in VA

Back 1

1. Wholly handwritten and signed by T
2. Authenticated by at least 2 disinterested witnesses
3. Must contain indication that it is intended to be a will

Front 2

What is a no contest plea? What effect does it have in civil case?

Back 2

No contest plea = nolo contendere

It can be used against D in a civil case.

Front 3

Income Realized vs. Income Recognized

Back 3

Realization: Gain or loss is realized when TP sells or disposes of property.

Recognition: Income is recognized when TP must report a gain or loss on his tax return.

Front 4

Can a Trustee delegate his duties?

Back 4

YES - TEE may delegate duties & powers that a prudent TEE of comparable skills would delegate under the circumstances.

TEE must exercise reasonable care, skill, and caution in:
(1) selecting the agent;
(2) establishing the scope of delegation, and
(3) monitoring performance and compliance.

Front 5

Who has JX over a crime committed/completed in various states?

Back 5

There's JX in every state where a significant portion of the crime occurred or the effects are felt.
Ex: shooting across state borders, computer crimes

Front 6

What is a party admission? Is it admissible?

Back 6

Any statement made by a party is admissible if offered against them.
Vicarious admissions by employees/agents are also admissible if such statements concern matters w/n scope of employment and are made during employment.

Front 7

Are no contest clauses enforceable?

Back 7

YES
But won't be triggered by omitted spouse / pretermitted heir.

Front 8

What suspect classes receive immediate scrutiny?

Back 8

Gender and Illegtimacy

Front 9

Conspiracy

Back 9

1.) 2 or more people have a meeting of the minds
2.) to commit a crime
3.) some act must be done in furtherance of the plan (not in VA).
- D is liable for all foreseeable crimes in furtherance of the conspiracy.
- Under MPC, D may conspire w/ a police officer

Front 10

How is a PR appointed?

Back 10

PR = who deals w/ distribution of decedent's estate
A PR is either:
Designated in decedent's will = Executor
Appointed by the probate court = Administrator
(may be on the basis of the his relationship to decedent OR by agreement of the parties)

Front 11

How is paternity proven in VA?

Back 11

MAC = Marriage, Adjudicated to be father in filial proceeding, Clear & convincing evidence via
BAD CAT = Birth cert; Admits in court; DNA test; Allows child to use surname, Tax return/claims child on gov doc.

Front 12

Quitclaim deed

Back 12

Contains no promises, other than the implicit warranty of marketable title (which is included in every K for land conveyance).

Front 13

Advancement vs. Ademption by Satisfection

Back 13

Advancement (applies to all intestate descendants):
Any lifetime gift made to heirs by the intestate are presumed to be and advancement, unless recipient can demonstrate that Decedent intended it to be a gift and not an advancement.
Hotchpot: Donee descendant must figuratively return the gift to the estate to have its value taken into account. Or Donee may elect not to and then he won't participate in the intestate distribution.

Ademption by Satisfaction (only when there's a will)
There's no satisfaction of legacies UNLESS the inter vivos gift was:
(a) declared by T in writing at the time it was given; or
(b) acknowledged by Donee/Legatee in writing at the time it was received; or
(c) T's will acknowledges that any lifetime gifts are in satisfaction of the bequest.

Front 14

Disclaimers / Renunciations

Back 14

An intestate heir or will/trust beneficiary can DISCLAIM or RENOUNCE any interest, in whole or in part, that the heir or beneficiary may receive.

A valid disclaimer must: (1) be in writing and signed;
(2) describe the property/interest and the extent to which it is disclaimed; (3) be delivered to PR of the estate/Trustee.

Timing: there’s no time limit, but to escape federal gift tax consequences, the disclaimer must be filed w/n 9 months of the Decedent’s death or w/n 9 months of the establishment of the irrevocable trust.

When there is an effective disclaimer, the disclaimed property/interest passes as though the disclaimant predeceased the Decedent (as in slayer statute).

Front 15

What happens if T divorces after he executed a will?

Back 15

Revocation by operation of law: a final decree of divorce or annulment after will execution revokes any devise to the former spouse. The ex-spouse is treated as having predeceased T.

- Devise may be revived if the couple remarries later.
- Ex-spouse is not a relative for purposes of the anti-lapse statute.

Front 16

How can a lost Will be probated?

Back 16

Lost wills are presumed revoked by T.
To prove otherwise, the burden is on the will proponent to show that:
1.) T did not revoke the will (=that the cause of non-production is not revocation)
2.) Once presumption is overcome, proponent must establish due execution of the lost will and its contents by C&C evidence by secondary evidence (look to lawyer’s copy)

Front 17

What's needed for a valid signature by T's proxy?

Back 17

The person signing on T's behalf must do so:
in T's PRESENCE and at T's DIRECTION.

T's proxy may also be one of the subscribing witnesses as long as the proxy is competent.

Front 18

T's mental capacity requirement

Back 18

At the time of will execution, T must be of sound mind to make a will, including understanding the elements of his will and the disposition he's making.

Front 19

Will contest: Undue Influence over T

Back 19

Undue influence over T = coercion that takes away T's ability to dispose of his property as he wants to.

A presumption of undue influence arises once the contesting party shows that a confidential relationship existed between T and the devisee. Therefore, the burden shifts to the devisee to prove that the gift was not the product of undue influence.

Front 20

What's needed to AP in VA?

Back 20

To acquire title by adverse possession, a person use must be: HOAX and Continuous for the statutory period (for real prop: 15/25D; for easements: 20)
HOAX: Hostile (or under color of title)
Open & obvious
Actual
eXclusive (not shared w/ the public)

In VA, you cannot AP against a family member - hostile requirement is not met b/c permission is presumed.

Front 21

When does a subsequent will revoke a prior will?

Back 21

(1) the subsequent will expressly states that it is intended to revoke the prior will
OR
(2) the subsequent will is totally inconsistent with the prior will

Where a subsequent will is only partially inconsistent, the provisions of the prior will remain in effect to
the extent that they do not conflict with the later will. In making the determination as to w/r an inconsistent subsequent will should result in the revocation of
a prior will, courts will look to T's intent.

Front 22

Is the estate of a lifetime trust B entitled to the proceeds of the trust after B dies?

Back 22

NO - when a lifetime B dies, he or his estate are not entitled to the proceeds of the trust (except for any undistributed income owed).

Front 23

Ademption by extinction

Back 23

When a testamentary gift fails because it is no longer in the estate when T dies.

Form over substance

Front 24

Self-defense claim in VA

Back 24

Self-defense requires fear of death or serious bodily injury.
A necessity for self-defense must not arise out D's own misconduct. However, an aggressor may assert self-defense if he retreats first.

Front 25

Does VA allow an estate's PR to sell real property to settle the estate's debts?

Back 25

Yes, because the estate could still have debts after all of the cash and personalty gifts have abated.

Front 26

What is abatement?

Back 26

ABATEMENT is a process the estate is subject to when the assets in a T's estate are not enough to pay all of the devises in the will.

- Assets will be taken from the devisees in this order: 1st residuary devises,
2nd general devises,
3rd demonstrative bequests, and
4th specific devises.
- The abatement w/n each category is made by the % each devisee was supposed to receive.
- Real property is the last type of property that can
be used to pay debts, unless the will specifies otherwise.

Front 27

Is bailment a trust?

Back 27

NO.
A TEE has legal title to, not merely possession of, the property and has greater powers over the property. A TEE also has a higher level of fiduciary duty than a bailee.

Front 28

What's an Alford plea?
Its advantage and disadvantages?

Back 28

Alford plea allows a D to recognize elements of the offense and weight of evidence w/o admitting guilt.

Advantage: plea cannot be used in civil litigation

Disadvantages:
(1) it's a guilty plea;
(2) it waives constitutional rights attached to criminal trial (like right to trial by jury, right to confront Ws);
(3) it waives right to appeal;
(4) it waives any objections to admissibility of evidence

Front 29

What's an express trust and what's a constructive trust?

Back 29

Express trust: created by the expressed intention of the owner of the property.

Constructive trust: is an equitable device employed by the courts to remedy fraud or unjust enrichment.

Front 30

What words are needed to create a trust?

Back 30

No particular form or words are needed, BUT:
(1) Settlor's intent to create a trust relationship must be clearly stated,
AND
(2) The terms of the trust must be specified.

Front 31

Must the Settlor name the individual Beneficiary?

Back 31

NO.
Settlor need not name the B at the time of creating the trust. BUT, the trust must set forth sufficient description to allow the B's identity to be ascertained w/n the time specified by RAP.
Ex: “my grandchildren living at the time of my death”

Front 32

McNaugthen Rule

Back 32

A person is not criminally liable if at the time of the crime:
(A) he was unable to understand the nature and consequences of his act, or
(B) he was unable to distinguish right from wrong

Front 33

What's an offer?

Back 33

An outward manifestation that acceptance will conclude the deal.

Front 34

What's a pour-over trust?

Back 34

A pour-over trust is when a will adds property to an existing trust.

Front 35

Can a Beneficiary assign his trust interest?

Back 35

YES, unless forbidden b the terms of the trust (support trust, spendthrift trust).
Otherwise, a B w/ capacity to transfer may assign the trust interest to the same extent as transferring any other property.

Front 36

Is an ER vicariously liable for EE's tortious act w/n the scope of employment?

Back 36

YES - an ER is vicariously liable for injuries caused by EE's tortious act that occured w/in the scope of employment.

However, ER is typically not liable for intentional torts of its EEs. EXCEPT when EE acts on behalf of the ER (furthering ER's business), even if misguided.

Front 37

What happens when a Beneficiary dies intestate?

Back 37

The B's interest will pass to his heirs pursuant to VA's intestate distribution statute.

Front 38

What's a spendthrift trust?

Back 38

A trust created w/ the purpose of providing a fund for the support and maintenance of the B, AND at the same time, securing it against his own improvidence or incapacity for self-protection.

Front 39

What's a voluntary trust and how is it created?

Back 39

It's created w/o consideration, either by declaration or transfer. There must be a completed transfer of legal title, done by execution and delivery of a deed to land or a delivery of personal prop to TEE.
A voluntary declaration in trust requires a clear showing of intent to create a trust.

Front 40

What are the elements required for the present creation of a private express trust?

Back 40

(1) Settlor must have capacity to create a trust;
(2) Settlor must properly express intent to create the trust;
(3) Trust must have a definite beneficiary, or a charitable purpose;
(4) TEE must have duties to perform; and
(5) Sole TEE cannot be the sole B

Front 41

Can you create a trust orally?

Back 41

YES.
In VA, express trusts in either real or personal property may be created orally or by a writing. Both can be specifically enforced in a court of equity.

Front 42

What's the definition and effect of partial intestacy?

Back 42

Partial intestacy occurs when T's will does not dispose of all the estate property (ex: a will provision fails, a residuary legatee disclaims his share, etc).

The property subject to partial intestacy passes to T's heirs under the intestacy statutes.

Front 43

What happens when a decedent dies w/o a will, w/o SP, but with surviving children?

Back 43

If decedent has no will, his estate is distributed under VA's intestacy statutes.
When a decedent dies leaving issue (but no SP), the estate is divided per capita. If a person in a class is dead but leaves issue, his share is divided per stirpes, and thus his issue will take by representation.

Front 44

Is use of physical force allowed to defend property?

Back 44

It's permissible to use force to defend property, but it's limited. It must be less than force allowed under self-defense.
It's never reasonable to use deadly force to prevent threatened harm to property.

Front 45

When can a court reform the terms of a trust?

Back 45

In VA, the court may reform the terms of a trust, even if unambiguous, to conform the terms to the Settlor's intention if it is proved by C&C evidence that BOTH the Settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.

Front 46

How is an easement by necessity created?

Back 46

An affirmative easement may be implied by necessity - it requires:
(1) common ownership and then severance; AND
(2) strict necessity for the easement at the time of severence

Front 47

What are the Trustee's duties in managing the trust?

Back 47

To exercise reasonable care, skill, and caution in managing the trust, unless the trust instrument imposes a lesser duty.

If a TEE has special skills, he's under a duty to exercise them and will be held to a higher standard of care.

Front 48

What's a support trust?

Back 48

A support trust is one in which the TEE is directed to provide only so much income and/or principal of the trust assets as is necessary for the B's support and for no other purpose.
Ex: "for B's health, education, maintenance, & support."

Front 49

What's needed for a valid K?

Back 49

Offer
Acceptance
Consideration (bargained-for exchange)

Front 50

What's needed to create a charitable trust?

Back 50

In order for a trust to qualify as a charitable trust:
the trust must have a public benefit AND the persons to be benefited must be members of an indefinite class.

Front 51

Who are heirs?

Back 51

Persons entitled to decedent's property under statutes of intestate succession.

Front 52

B/n Merchants, do the additional terms in the acceptance become part of the K?

Back 52

When both parties are merchants, additional/new terms become part of the K, unless:
(a) the offer expressly limits acceptance to its terms; or
(b) OFR objects to the terms w/n reasonable time; or
(c) the additional terms materially alter the K (results undue hardship or surprise)

Front 53

What's cy pres?

Back 53

The doctrine applies where the specific charitable purpose intended by the Settlor:
(a) has been accomplished,
(b) can no longer be accomplished, or
(c) some change in circumstances renders the trust impracticable to administer as provided by the Settlor.
AND
The Settlor has manifested a more general intention to devote the property to charitable purposes.

-->In such cases, the doctrine allows the court to
amend the terms of the charitable trust as closely as possible to Settlor's original intention (so as to prevent the trust from failing).

The reasoning underlying the cy pres doctrine is that the Settlor could presumably have preferred that the property should be applied to purposes as near as may be to the purposes stated by him over the trust failing altogether.

Front 54

What is a Power of Appointment?

Back 54

The power conferred by a donor of property upon a donee which enables the donee to dispose of the donor's property by designating one or more transferees of the property and the shares the transferees are to receive.

Front 55

Who are devisees?

Back 55

Persons designated in a will to receive a disposition of property.

Front 56

When a person dies intestate, who are the persons/class of persons who will receive the estate and in what proportion?

Back 56

Decedent's estate descends to his kindred in the following order:
1st, if D has a SP and:
(a) no children = everything to SP
(b) children in common = everything to SP
(c) D has kids on his own = 1/3 to SP and 2/3 to kids
2nd, if no SP = to D's children and their descendants
3rd, if none = to D's parents
4th, if none = to D's siblings and their descendants (full sibling takes twice as much as half sibling)
5th, if none = 1/2 to the paternal and 1/2 to the maternal kindred of D (grandparents > aunts & uncles > first cousins > great-grandparents > second cousins)

Front 57

When can a non-relative, out-of-state resident qualify as TEE under a VA will?

Back 57

When there's a qualified in-state co-trustee.

Front 58

Definition of Intentional/Fraudulent Misrepresentation and its remedy

Back 58

(1) Intentional misrepresentation by D,
(2) made with scienter/knowingly
(3) misrepresentation is material, and
(4) reasonably relied upon by P,
(4) Causing damages to P

Remedies: $ damages OR P has option to rescind K (rescission)

Front 59

Does VA’s assertion of PJX comport w/ Constitutional standards (due process)?

Back 59

Does the D have such minimum contacts with the forum that the exercise of jurisdiction does not offend notions of fair play and justice?

Minimum Contacts
Purposeful Availment
Foreseeability
Fair play & substantial justice
Relatedness b/n contact and cause of action
Convenience
State’s interest

Front 60

How do you appeal from GDC to Circuit Court?

Back 60

Amount must be at least $50
Appellant must file a Notice of Appeal w/n 10 days from judgment w/ the Clerk of GDC.

Circuit Ct will review the case de novo

Front 61

What do you need to get equitable remedy?

Back 61

(1) No adequate remedy at law
(2) Equitable relief must be practicable
(3) Balance of hardships favor the person seeking relief,
(unless other party acts willfully)
(4) Other party has no equitable defenses

Front 62

Reparative injunction

Back 62

A reparative injunction is one that works to:
(1) repair the results of harmful acts already committed, and
(2) restore P to his former position

Front 63

Equitable Conversion

Back 63

Upon completion of a K for sale of real estate, the Buyer becomes the property's equitable owner who is liable for any risk of loss.

Front 64

Can the court order specific performance for a non-compete covenant?

Back 64

YES - VA courts will order specific performance of a covenant not to compete, provided that it is reasonable in its restrictions of the type of activities limited, its geographic scope, and the duration of the restrictions.

Front 65

Definition of innocent misrepresentation & its remedy

Back 65

Innocent misrepresentation involves:
(1) a misstatement that goes to
(2) a material element of the K, and
(3) on which a P reasonably relied.

Remedy: Rescission

Front 66

What's needed for a constructive trust?

Back 66

To impose a constructive trust, one must show that:
(1) D holds legal title to specific property that rightfully belongs to the claimant;
(2) D breached a confidential or fiduciary duty to the claimant; and
(3) Allowing D to retain the property would unjustly enrich D

Front 67

What is an equitable estoppel?

Back 67

All 3 elements must be proven by C&C evidence:
(1) a representation (words/conduct/silence if the representing party had a duty to speak),
(2) on which the aggrieved party relies, AND
(3) the reliance causes the aggrieved party to change her position to the aggrieved party's detriment.

Contrast w/ Promissory Estoppel (not recognized in VA), which is based on a promise rather than a representation.

Despite its name, equitable estoppel can be used as a DEFENSE to claims in equity and at law!

Front 68

What is a quasi-K?

Back 68

(1) P confers benefit upon D;
(2) D realizes the benefit, and
(3) D is unjustly enriched by it.

Remedy: restitution (unjust enrichment)

Front 69

What's the tort of Intrusion of Privacy or Intrusion into Seclusion?

Back 69

(1) intentional intrusion (physically or otherwise) - that is highly offensive (RP standard)
(2) upon the solitude or seclusion
(3) of P or P's private affairs/concerns

Front 70

What's the tort of Appropriation?

Back 70

(1) use of P's name/picture
(2) in connection with the promotion or advertisement of a product/service
(3) for commercial advantage

Front 71

When can a P assert 3rd party standing to protect the constitutional rights of others?

Back 71

P must show that:
(1) 3rd parties will experience difficulty in asserting or are unlikely to assert their own rights, and
(2) special relationship exists between P and 3rd parties

Ex: doctor-patients; school-kids&parents;

Front 72

How do you get federal SMJX?

Back 72

(A) Federal Question JX (arising from federal right)
or
(B) Diversity JX: complete diversity (on both sides) and amount in controversy greater than $75K.

Front 73

How can additional claims be added when SMJX already exists over the original claim?

Back 73

Through Supplemental JX (at the court's discretion):
(1) Claim must share common nucleus of operative fact w/ original claim OR arise from same T/O,
and
(2) The sole basis of SMJX over the original claim cannot be diversity.

Front 74

Is a federal counter-claim compulsive or permissive?

Back 74

Both
If from same T/O -->must be filed now or is waived.
If not from same T/O --> permissive.

Front 75

What's the federal standard for discoverability?

Back 75

Anything reasonably calculated to lead to a discovery of admissible evidence (broader than admissible)

Front 76

In federal court, what are the 12(b) threshold (or waivable) defenses?

Back 76

WAIVABLE: lack of PJX, improper venue, insufficient process, insufficient service of process.

NON-WAIVABLE (may be made at any time): lack of SMJX, failure to state a claim, failure to join indispensable party

Front 77

In federal responsive pleadings, what affirmative defenses must D include?

Back 77

Accord & satisfaction; Arbitration & award; Assumption of risk; Contributory negligence; Duress; Estoppel; Failure of consideration; Fraud; Illegality; Injury by fellow servant; Laches; License; Payment; Release; Res judicata; SOF; SOL; Waiver

Front 78

What must a D do to remove a case to federal court?

Back 78

A D who wants to remove an action to federal court must file a Notice of Removal in the federal court to which it will be removed w/n 30 days of service of the initial pleading.

Front 79

When a party successfully removes a case to federal court on the basis of Diversity JX, which state's substantive law would be applied to the state claims under the Erie Doctrine?

Back 79

The Erie Doctrine states that a federal court with Diversity or Supplemental JX presiding over a state law claim must apply the law of the state in which the federal court sits.

Front 80

When can you make a demand for jury trial in federal court?

Back 80

A demand for jury trial must be made within 14 days after service of the last pleading directed to the triable issue.

Front 81

In a federal Motion to Transfer Venue, who bears the burden and what must be shown?

Back 81

The burden of proof is on the movant, who must show:
(1) The convenience of the parties and witnesses, ease of access to proof, and other factors all favor the transfer to new venue, AND
(2) The action could've been brought in the transferee court initially - e.g. transferee court has PJX and SMJX.

Front 82

When do you make a motion to remand to state court?

Back 82

A motion for remand must be made within 30 days of the removal notice.

Front 83

What's a counterclaim?

Back 83

Counterclaims are claims brought by ANY party against an opposing party.
Counterclaims can be based on ANY cause of action, even if unrelated to the subject of the complaint.

Front 84

How is venue determined in a case where SMJX is based on Diversity?

Back 84

Venue in a civil action based on Diversity is available in the federal district in which a substantial part of the events or omissions giving rise to the claim occurred.

Front 85

What are the elements of Interference with Contractual Relationship?

Back 85

(1) the existence of a contractual relationship or beneficial business relationship between P and a 3P;
(2) knowledge of that relationship by D;
(3) intent of D to induce the 3P or P to breach the K relationship;
(4) lack of any privilege on the part of D to induce such a breach; and
(5) damage to P

Front 86

What's Larceny?

Back 86

(1) Trespassory taking and carrying away
(2) Personal property of another
(3) w/ the intent to permanently deprive him thereof.

Front 87

When can a PO enter a home to search?

Back 87

PO may not enter a home unless:
- they have a warrant,
- valid consent, or
- exigent circumstances justifying a warrantless entry

Front 88

What's required to be an accessory-after-the-fact?

Back 88

(1) a felony must have been completed;
(2) the accessory must have known of the commission of the felony; and
(3) the accessory must have personally given aid to the felon to hinder the felon's apprehension, conviction, or
punishment.

Front 89

Defenses for Defamation

Back 89

(1) consent,
(2) truth,
(3) absolute privilege (spouses, officers in official capacity, legislature floor, judicial proceeding), or
(4) qualified privilege (social interest in promoting candor such as talking to police or job reference)

Front 90

What is the difference between B assuming and taking subject to a mortgage?

Back 90

Assuming mortgage = B takes on personal liability for the original debt in addition to the original debtor.

Subject to the mortgage = B has no personal liability.

Front 91

Is a witnesses own prior statement admissible?

Back 91

NO. It's hearsay, unless:
-identification of a person,
-prior inconsistent statement made under oath during formal proceeding, or
-if being used to rebut recent fabrication charges

Front 92

What are the elements needed to create an enforceable Article 9 s.i.? What is it called?

Back 92

Attachment makes the s.i. enforceable against debtor
Attachment is created by VCR:
(1) Value given by creditor,
(2) Contract evidencing the secured transaction (SA), unless creditor has taken possession or control, and (3) Rights in the collateral (debtor has rights in the collateral)

Front 93

When can a locality take private property from an individual? What is the process called?

Back 93

The power of Eminent Domain may be exercised if:
(1) public purpose (declared in resolution), AND
(2) good faith offer to purchase was refused by the owner.

Public purpose does NOT include improvements to the tax base, creation of jobs, or other means that benefits primarily private parties.

Front 94

May corporations incorporated outside of VA (foreign corporations) transact business in the state?

Back 94

YES, but they must qualify by getting a certificate of authority from the SCC (same info as necessary to create a corp).
If a foreign corp fails to get a certificate of authority, it cannot sue others (but can be sued), and will be fined.

Front 95

A is a holder in due course. He transfers to B who has notice that the instrument is invalid. What status for B?

Back 95

B is a holder in due course because of the shelter rule: he acquires whatever rights the transferor had.

Front 96

How can an additional claim be added to a federal case that doesn’t have SMJX?

Back 96

Supplemental JX:
(1) claim must share common nucleus of operative fact with other claim OR arise from same T/O
AND
(2) Diversity JX cannot be the sole ground for SMJX on the original claim

Front 97

How can a case be removed to federal court?

Back 97

Removal to federal court is possible when at least one claim that could have been brought in federal court originally.
--> Notice of Removal must be filed in federal court w/in 30 days of service of the first pleading
-->Removal is only possible when all Ds agree/consent
-->NO Removal based on Diversity JX if there's one D who is citizen of forum state (D is at home).

Front 98

How to determine federal venue?

Back 98

Venue is proper where D resides or where substantial portion of events occurred/where litigated property is located.

1st - where D resides (granted that all Ds reside there)
2nd - where substantial portion of events occurred OR where property is located
Fall-back - if neither of the above works, venue is proper in the federal district where court has PJX over any one D.

Front 99

What happens if a child is born AFTER Decedent executed his will?

Back 99

That child is a pretermitted child and will take his intestate share if there are no other children.
If there are other children, the pretermitted child takes the LESSER OF: his intestate share OR equal to the largest bequest to the other children.

Note: if pretermitted child dies before turning 18, unmarried, and without kids, his share reverts to the other children.

Front 100

How is jx determined for child custody proceedings?

Back 100

Child's home state: where the child now resides and has been there for at least 6 months with a parent.
If they haven't lived there six months yet, go back up to 6 months to find a state they have lived in that satisfies this test.

Front 101

What Interstate Commerce can be regulated by Congress?

Back 101

(1) Channels of commerce (highways, waterways, internet)
(2) People and things that cross state lines, and
(3) Activities with a substantial effect on interstate commerce (must be an economic activity)

Front 102

When are D's prior crimes admissible to show something specific about the crime he's currently charged with?

Back 102

MIMIC: Motive, Intent, Mistake, Identity, Common scheme or plan

Front 103

What implied warranty comes with every residential lease?

Back 103

Implied Warranty of Habitability: a non-waivable requirement that the premise be fit for basic human habitation.

Front 104

What are the requirements for a Negotiable Instrument under UCC article 3?

Back 104

WOSSUPP:
Writing,
Order or bearer (payable to),
Signed by maker,
Sum certain,
Unconditional promise,
Payable on demand or at set time,
Payable in currency (can't even be mixed with goods)

Front 105

What's the standard of care owed by landowners?

Back 105

Undiscovered trespasser: none,
Discovered trespasser: warn of dangerous, concealed, or artificial conditions,
Licensee (social guest): duty to warn of known dangers,
Business Invitee: duty to inspect and make safe

Front 106

When is an ER liable for the intentional torts of an EE?

Back 106

Generally, an ER is not liable for an EE's intentional torts, except:
(a) if the job generates tension (repo man),
(b) if it's a foreseeable aspect of job (bouncer), or
(c) if EE acted w/ misguided intent to serve ER's interest

Front 107

Larceny

Back 107

(1) Taking and carrying away,
(2) personal property of another,
(3) with intent to permanently deprive

Front 108

How does the SOF apply to surety Ks?

Back 108

ALL surety Ks must be in writing, regardless of value.

EXCEPT: if the Surety's commitment is primarily for his own benefit.

Front 109

When do you NOT have a duty to report the ethical violations of other VA attorneys?

Back 109

(a) if it is privileged information,
(b) if the other atty is in a substance abuse program, or
(c) when a client reveals misconduct but won't consent to its report

Front 110

What are VA's age requirements to marry?

Back 110

(a) 18 years old, unless emancipated adult
(b) 16 with one parent's consent, or
(c) under 16 and pregnant female w/ consent of a parent and only if marrying the father of the child.

Front 111

What's required in filing a security interest for a fixture?

Back 111

(1) all the info required in FS (Debtor's name, Creditor's name & address, Description of collateral, Debtor authentication)
(2) indicate that it covers fixtures,
(3) indicate that it is to be recorded in the real property records,
(4) provide a description of the real property to which the fixture is related, and
(5) provide the name of the record owner if the debtor does not have an interest of record in the real property

Front 112

When does a SP must file a new FS?

Back 112

SP has 4 months to file a new FS when debtor changes his name or moves to another state.

Front 113

What is available if T revokes his will, mistakenly thinking that an earlier will would take effect?

Back 113

Dependent Relative Revocation - cancels the revocation of a will if T mistakenly thought that it would revive an earlier will.