Ny Bar

Front 1

1D murder

Back 1

(1) Intent to kill + 1 aggravating factor (D 18+):(a) On-duty, Hire, Intentional felony murder, Witness intimidation, More than one (2) Intentional Felony Murder (G, I for BRAKES, ME, S, F, C)

Front 2

3rd degree Ny Robbery

Back 2

Forcible stealing

Front 3

NY buglary

Back 3

3rd degree - entering or remaining in a building unlawfully with the intent to commit any crime inside

Front 4

NY Arson

Back 4

3D - intentional burning of a building

Front 5

NY non-slayer D

Back 5

1) did not kill victim2) D did not have deadly weapon3) no reason to believe cofelons had deadly weapons AND4) no reason to believe that cofelons intended to do anything that was lkely to result in death

Front 6

Vicarious Liability for Felony Murder

Back 6

Proximate cause - if one cofelon proximately causes victim's death, all of the other co-felons will be guilty of felony murder, even if the actual killing commited by a third party (police)

Front 7

2D Kidnapping

Back 7

abducting someone

Front 8

1D Kidnapping

Back 8

2D + Ransom; Restraint for more than 12 hours with intent to rape, injure or rob OR death of victim

Front 9

unlawful imprisonment

Back 9

2D unlawful restraint, without consent, and with knowledge ; 1D 2D + risk of serious physical injury

Front 10

EED Manslaughter

Back 10

An intentional killing commited under the influence of a reasonable and extreme emotional disturbance. Affiramtive D.

Front 11

2D manslaughter

Back 11

D is aware of and consciously disregard a substantial and unjustifiable risk of death.

Front 12

1D manslaughter

Back 12

EED manslaughter or an intent to cause serious physical injury.

Front 13

2D murder

Back 13

a) Intentiona killing that does not qualify for first degree, b) highly reckless demonstrating depraveted to human life by engaging in conduct that creates a grave risk of death, generally to more than one victim, c)FM where victim is killed unintentionally.

Front 14

elements of negligence

Back 14

1)duty, 2) breach, 3) actual and prxoimate cause, and 4) damage.

Front 15

Duty to unknown trespasser

Back 15

no duty of care

Front 16

CL duty to known/anticipated trespassor

Back 16

1. In order to trigger duty, has to be artificial condition. Condition built by human beings.2. Highly dangerous condition capable of killing or maiming. 3. Concealed condition.4. That the possessor knew about it in advance.

Front 17

CL duty to licensee

Back 17

• Concealed from licensee• Known in advance by possessor.

Front 18

CL duty to invitee

Back 18

1. Concealed condition2. Possessor either knew in advance or could have discovered through reasonable inspection (inspection conducted by hypothetically reasonable person – take into account cost and benefit). A possessor must protect invitee all reasonable knowable traps in land.

Front 19

NY property duty

Back 19

No different duty – everyone reasonably prudent person standard of care. Under circumstances. One circumstance – what type of person am I protecting against. Minimal trespass, invitee more. Still worth talking about in NY.

Front 20

Strict Products Liability

Back 20

1) D has to be merchant, 2) product has to be defective, 3) evidence product has not been altered, 4) forseeable use

Front 21

lack of consideration in NY

Back 21

signed writing is sufficient if there's past consideration, modification or undisputed debt

Front 22

SOF in NY

Back 22

lease of goods for 1k or more, lifetime contract

Front 23

SOF exceptions

Back 23

goods accepted or paid for, custom-made goods, judicial admissions, and a confirmatory memo (both parties merchants)

Front 24

Parol Evidence Rule

Back 24

Keeps out evidence of a prior or contemporaneous agreement (either oral or written) that contradicts a later writing. Policy: Give primacy to a later writing.except a) typo, b) establish D against formation, c) interpret a vague term, d) to add to partially-integrated writing

Front 25

attachment

Back 25

value, security agreement/record/writing, debtor with rights in the collatoral

Front 26

PCV exceptions

Back 26

Abuse privelage of inc + fairness requires liability (complete domination/control to exercise fraud/injustice)

Front 27

Duty of care

Back 27

discharge duties in good faith with degree of diligence, care, and skill that an ordinary prudent person would exercise under similar circumstances

Front 28

Duty of loyalty

Back 28

Act in good faith with conscientiousness, fairness, morality, and honesty.

Front 29

Funds for distribution

Back 29

Surplus only, not stated capital. Consideration received in excess of par = assets- liabilities - stated capital.

Front 30

Neumeier Rules

Back 30

Torts - If parties are domicilied in same state, apply law of common domicile. If parties have different domicile, apply law of place of injury.

Front 31

Property choice of law

Back 31

Apply law of situs for real property.

Front 32

Class Action Req

Back 32

Too numerous for practical joinder; Q of law/fact common to the class; rep's claims/defense typical of those of class; and rep is adequate

Front 33

Supplemental Jursidiction

Back 33

Claim must share common nucleus of operative fact w/ claim invoking fed SMJ.

Front 34

voluntary dissolution

Back 34

majority of shares entitled to vote + delivery of cert of dissolution (no BOD vote needed)

Front 35

involuntary dissolution

Back 35

1) insolvency, 2) gridlock, 3) unable to elect D for 2 annual meetings, 4) 20% or more of voting shares petitioin if management illegal, oppressive, fraudulent acts toward complaining SH or 2) management wasting, diverting, looting assets