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58 Cards in this Set
- Front
- Back
Agency - Subject Outline
Principals CORRAL Their agent's activities. |
CREATION of agent/principal relationship
OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship |
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Agency - Creation
Creating an agency relationship is as easy as ABCD. |
ASSENT (usually requires mutuality)
BENEFIT conferred upon principal CONTROL of agent by principal DURING and within scope of agent's employment |
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Civil Procedure - Personal Jurisdiction acrostic
My Parents Frequently Forgot to Read Children's Stories |
minimum contacts
purposeful availment foreseeable defendant fair play and substantial justice relatedness of contact convenience state's interest |
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Civil Procedure - Requirements for Certification of Class Action
DECANT vintage 23(b) before you pour it into a class. |
roughly DEFINABLE class of which P is a member
judicial ECONOMY served claims have COMMON legal theory or arise out of same transaction or occurrence named parties must ADEQUATELY represent class potential Ps too NUMEROUS for joinder claim of named P must be TYPICAL of the class 23 B - action must fall within one of three categories of FRCP 23 (b) |
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Civil Procedure - reasons to grant Motion to Dismiss
In SIDEBAR, Plaintiff Finally admitted the claim should be dismissed. |
STATUTE of Frauds
INFANCY or incompetency subject matter of claim DISCHARGED in bankruptcy proceeding ESTOPPEL (collateral estoppel or res judicata) claim BARRED by statute of limitations ARBITRATION and award RELEASE from claim by plaintiff PAYMENT by defendant FAILURE to state a claim upon which relief can be granted |
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Constitutional Law - Limitations on Legislative Power
As your congressman, I SWAP CAPITAL for DEFICIT. |
INSOLVENCY (Bankruptcy) - shared with states
SPENDING (for general welfare) WAR declaration - raise/support military, legislate wartime economic/social conditions AFFAIRS related to Foreign commerce ROPERTY - rules & regulations on federal lands, including police power in DC COMMERCE - interstate ALIENS, naturalization, citizenship POSTAL Service (limited by 1st & 4th Am.) INVESTIGATION of facts related to subjects over which Congress may legislate TAXING to Raise Revenue (general welfare) ADMIRALTY - navigable waterways LEGISLATE!!! (rather than execute or adjudicate the law) (for) DELEGATION of legislative authority (Chadha limitation on Pres veto power & bicameral structure) ELECTIONS FINANCE - necessary/proper to coin $; create banks, fed reserve, credit system set INFERIOR federal court jurisdictional limits CIVIL rights enforcement (13th, 14th, 15th Am.) INTELLECTUAL Property - patent & copyright TREATY ratification |
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Constitutional Law - Presidential Power
The president can eat at PF chang's with one CAVEAT. |
PARDON convicted federal criminals
FOREIGN Affairs COMMANDER in chief of the armed forces APPOINTMENT of ambassadors, federal judges and superior officers VETO power over acts of congress EXECUTIVE agreements and privileges ADVISE congress on state of the union in special session TREATY power |
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Constitutional Law
Due process - Fundamental Liberties Courts strictly scrutinize government action involving a STAR VP CAMPER. |
STAR VP:
freedom of SPEECH right to TRAVEL freedom of ASSOCIATION freedom of RELIGION right to VOTE right to PRIVACY CAMPER: Contraception Abortion ("undue influence" branches w/intermediate scrutiny) Marriage (including dissolution) Procreation Education of children outside public schools Related persons' right to live together |
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Constitutional Law - Preemption by Federal Law
Federal law can PUSH around state law. |
PERVASIVENESS
UNIFORMITY of federal regulatory scheme SIMILARITY between laws not HISTORICALLY left to State |
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Constitutional Law - Dormant Commerce Clause
(limitation on state action) Nonresident Statutes Are Rude. |
SUBSTANTIAL nexus between state interest and burden on non-resident
NONDISCRIMINATORY intent, construction and application APPORTIONED between residents and non-residents that reflects fundamental fairness RELATED to State services or resources |
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Constitutional Law - Obscenity
The porn on Miller's LAPTOP is not obscene in the privacy of his home unless it includes kiddie porn. |
Miller v. California
LAPTOP: LACKS literary, artistic, political or scientific value AVERAGE person, applying contemporary community standards appeals to the PRURIENT interest in sex TAKEN as a whole patently OFFENSIVE depiction of sexual conduct POSSESSION of obscenity in privacy of home OK but child pornography can be entirely prohibited |
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Constitutional Law
Unavailability of Privileges & Immunities claims if U don't give a CRAP, you can't claim privileges & immunities. |
UNITED STATES government
CORPORATIONS RESIDENTS of the state whose law is being challenged ALIENS PARTNERSHIPS |
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Contracts - Common Law
Essential Contract Terms |
Q-TIPS:
Quantity Time of performance Identification of parties Price Subject matter |
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Contracts - Termination of Offer
Don't offer IDLE CIDER that's expired. |
INCAPACITY of offeror
DEATH of offeror LAPSE of time EXPRESS or implied rejection COUNTEROFFER intervening ILLEGALITY DESTRUCTION of Ks subject matter EFFECTIVE termination under mailbox rule REVOCATION communicated to offeror before acceptance |
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Contracts - Termination of Options
three ways options can DIE |
DESTRUCTION of subject matter of option
INTERVENING illegality EXPIRATION of stated option time |
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Contracts - Parol Evidence Rule
DECAF Includes parol evidence but a FOAM LID keeps the contract from forming. |
DECAF I - elements of parol evidence rule
FOAM LID - parol evidence that will serve as a def to formation reveal DEFENSE to contract formation EXISTENCE of a condition CONTRADICTS, varies or adds to integrated writing clarify ADDITIONAL terms (UCC) FINAL writing intended but not accomplished INTRODUCE consistent collateral subordinate agreement that would not normally be included in an integrated writing FRAUD ORAL condition precedent AMBIGUITY MISTAKE LACK of consideration ILLEGALITY DURESS |
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Contracts - Discharge of Duty to Perform
IF A NIMROD is discharged of his duty to perform, so are you. |
IMPRACTICABILITY
FRUSTRATION of purpose ACCORD and satisfaction NOVATION IMPOSSIBILITY MODIFICATION RESCISSION (mutual) OCCURRENCE of condition subsequent DEFENSE to formation |
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Contracts
Excuse of Conditions & Discharge of Duty to Perform WIVES PAD their pockets with excuses to get out of contracts. |
WIVES PAD - these conditions excuse performance:
Waiver (knowingly accepted defective performance) Impossibility (objective - nobody could perform) Voluntary disablement (implied repudiation) Estoppel (other party says don't perform) Subsequent agreement of parties (mutual rescission, modification, novation, substitution) Prevention of performance (intentional or negligent hindrance) Anticipatory repudiation (present, absolute, unequivocal renunciation of obligation) Divisibility of contract duties |
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Contracts - Formation by Quasi-Contract
I painted your CURB so you owe me. |
CONTRACT implied in FACT or at LAW
UNJUST enrichment if defendant allowed to keep benefit without legal detriment REASONABLE expectation of being compensated BENEFIT conferred upon defendant by express request or implied permission |
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Contracts - UCC Article 2
Warranties warranties are Fully TEAMED with goods sold. |
FITNESS for a particular purpose
seller's warranty of TITLE EXPRESS warranties written into contract AFFIRMATION of fact or promise made by seller relating to goods (written or oral) MERCHANTABILITY warranty against ENCUMBRANCES DESCRIPTION of goods in advertisement, brochure or catalog |
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Corporations - Contents of Articles of Incorporation.
It's A PAIN to write the articles of incorporation. |
AUTHORIZED shares
PURPOSE AGENT authorized to receive service of process INCORPORATORS NAME and address of corporation |
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Corporations
Actions Requiring Shareholder Approval Shareholders deserve A DAMN SALAD if the corporation makes a big change. |
AMENDMENT of certificate of incorporation that changes quorum, maxi/super majority, preemptive or cumulative voting rights, and/or corporate purpose
DISSOLUTION (voluntary) ASSET sale, lease or exchange (>75% of assets) MERGER or consolidation NAME change SURETY interests in debt not acquired for corporate purposes change of AGENT for service of process change of LOCATION of corporate office ABOLISHING or limiting directors’ liability for negligence DIRECTOR loans |
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Corporations
Valid Reasons For Judicial or Voluntary Dissolution To dissolve a corporation, just I.D. the WOLF in the boardroom. |
ILLEGAL conduct
DIVERSION of corporate assets to directors/officers WASTE (including that which results from deadlock) OPPRESSION of minority shareholders LOOTING FRAUD |
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Criminal Law - Crimes Requiring Specific Intent
It's a specific intent crime to Purposely FLAME CRABS. |
false PRETENSES
Forgery Larceny Attempt Murder, first degree Embezzlement Conspiracy Robbery Assault Battery (aggravated) Solicitation |
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Criminal Law - Crimes Requiring General Intent
It's a general intent crime for MARK to FIB. |
Murder in the commission of a dangerous, statutorily enumerated felony
Arson Rape Kidnapping False imprisonment Involuntary manslaughter Battery |
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Criminal Law - Strict Liability Crimes
If you pick a SCAB, you're strictly liable as a criminal. |
STATUTORY rape
CONTRIBUTING to the delinquency of a minor ABNORMALLY dangerous activities BIGAMY |
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Criminal Procedure
Exceptions to Search Warrant Requirement SHAPE up WISEACRE or I'll search you without a warrant. |
STOP (articulable, reasonable suspicion) & frisk (armed & dangerous) of outer clothing
HOT pursuit AUTOMOBILE PLAIN view EVANESCENT evidence (up) WIRETAP w/ one party’s consent INCIDENT to lawful arrest SCHOOL property EXIGENT circumstances ADMINISTRATIVE searches (e.g. Border, Airport) CONSENT to search expressly granted ROUTINE, non-discriminatory checkpoint stops EAVESDROPPING on conversation with no reasonable expectation of privacy |
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Criminal Procedure
Exceptions to the Exclusionary Rule U SAID G was fruit of the poisonous tree but he's not. |
USE for impeachment
independent SOURCE ATTENUATED chain of causation between tainted evidence and illegal action INTERVENING act of free will inevitable DISCOVERY GOOD faith of police & magistrate in issuing invalid warrant |
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Evidence - Non-Hearsay Regardless of Testimony
SANE evidence is not hearsay so it's admissible. |
STATE of mind
ADMISSION by party opponent NONASSERTIVE conduct EFFECT on listener |
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Evidence - Introduction of Character Evidence at
Criminal Trials MIMIC the criminal before introducing character evidence. |
MOTIVE
IDENTITY MODUS operandi or preparation of plan INTENT or knowledge, absence of mistake or accident COMMON scheme or plan |
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Professional Responsibility - Duties To Client
When playing 5-Card STUD with a client's money, I must be a responsible professional. |
CCCCC (5-Card) STUD:
COMMUNICATE with client act COMPETENTLY do not reveal CONFIDENCES avoid CONFLICTS of interest render CANDID advice SAFEGUARD client's money & property TERMINATE atty/client relationship fairly and properly UNREASONABLE fees should not be charged act with reasonable DILIGENCE |
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Professional Responsibility
Withdrawing from Attorney/Client relationship WE attorneys suffer from MANICURE withdrawal. |
attorney is a WITNESS in the case, resulting in unfair prejudice to client
ETHICAL violation will occur if client is represented MALICIOUS harassment will be brought upon opposing party with no good faith that claim/defense is warranted under law ATTORNEY is being employed to commit past crime/fraud *proper NOTICE of withdrawal must be given to client INCOMPETENCY of attorney to handle matter CRIMINAL or fraudulent conduct required UNREASONABLE financial burden on attorney *REFUND all papers/property of client, along with unearned fees, upon withdrawal EXPENSES or fees promised by client are not paid *these are procedural requirements of withdrawal |
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Real Property
Termination or Expiration of Non-Possessory Interests In Land REMAND use of that ACRE back to its rightful owner! |
RELEASE by party with non-possessory interest (written)
EMINENT DOMAIN (condemnation / taking by regulation or physical possession) MERGER - common ownership of dominant and servient tenement ABANDONMENT (non-use is NOT sufficient) end of NECESSITY DESTRUCTION of servient tenement ABUSE - servient landowner may receive injunction & damages CHANGED neighborhood conditions (equitable servitudes only) REVOCATION (applies to revocable LICENSES only) ESTOPPEL - where holder represents intent to abandon & servient tenement so relies |
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Real Propert - Ways to Sever a Joint Tenancy
to sever a joint tenancy's TTIP, RIP'M apart |
TTIP - 4 Unities:
TIME TITLE INTEREST POSSESSION RIP'M - ways to sever a JT: RIGHT of survivorship upon death INTER VIVOS conveyance resulting in tenancy in common PARTITION by MORTGAGING interest in title theory state |
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Real Property - Deed Requirements
You can't transfer property unless the deed IS WILD. |
IDENTIFIES parties
SIGNED by grantor in WRITING must show INTENT to transfer an interest LAND conveyed is described must be DELIVERED |
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Real Property - Landlord's Obligations to Tenant
A landlord's day is MIRED with responsibilities to his tenants. |
MAINTAIN
IMPLIED warranty of habitability REPAIR warrant quiet ENJOYMENT DELIVER possession |
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Real Property - Tenant's Duties to Landlord
WE R UP to date with rent payments. |
abstain from committing WASTE
refrain from interfering with quiet ENJOYMENT of other tenants pay RENT USE premises for legal activities only fulfill PROMISES made to repair |
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Real Property - Landlord's Remedies for Breach by Tenant
Pay the rent or you're DEAD. |
withhold DEPOSIT
EVICTION ACCELERATION clause DAMAGES for holdover |
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Torts - Transferred Intent Doctrine
Five Relevant Torts you Can't BAIL if you intended one tort but did something else |
trespass to CHATTELS
BATTERY ASSAULT false IMPRISONMENT trespass to LAND |
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Torts - Negligence
Alternative Standards of Care beyond "the reasonable person" SKIDMART didn't HELP that COUPLE so they'll be held to a different standard of care. |
SCHOOL and pupils (special relationship)
K duty (contractual special relationship) INNKEEPER and guests ("highest" duty) DRAMSHOP laws impose liability upon drinking establishments MALPRACTICE standards for professionals liability to AUTOMOTIVE non-paying guests for reckless driving RES ipsa loquitur TRAVELERS aboard a common carrier ("highest" duty) HOSPITAL and patients (special relationship) EMPLOYER and employees (special relationship) LANDLORD and tenants (special relationship) PRISONERS held by law enforcement (special relationship) CREATION of harm - duty to alleviate consequences of defendant's act when it creates risk of harm to others, even if act was not negligent OWNER/OCCUPIER of land - varying duties to invitees, licensees and trespassors UNDERTAKING to act - may not abandon an attempted rescue if defendant leaves plaintiff in worse condition negligence PER SE - statute conclusively establishes standard for liability (reasonableness of defendant's actions irrelevant) LOCAL ordinance violation by defendant is "evidence of negligence" by defendant - helps plaintiff establish prima facie case EMERGENCY situation will lower defendant's standard of care unless defendant's negligence caused the emergency |
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Torts - Causes of action related to Products Liability
You are liable for harm done if you use your PENIS as a product. |
PUBLIC MISREPRESENTATION under restatement 402(B)
EXPRESS warranty under UCC 2-313 NEGLIGENCE IMPLIED warranty under UCC 2-314 to 2-318 merchantability fitness for a particular purpose remote purchasers covered STRICT products liability - known as "Absolute Liability in Tort" under Restatement 402(A) |
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Torts - Bases of Strict Liability for Injury to Persons or Property
You will be strictly liable for missing the day if you are not UP at DAWN. |
ULTRA-HAZARDOUS, abnormally dangerous activities
defective PRODUCTS (at) DOMESTIC animals with known dangerous propensities ALL injuries caused by wild ANIMALS WORKER's compensation (statutory strict liability) NO-FAULT automobile insurance (statutory strict liability) |
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Torts - Causes of Action for Economic Injury
causing FAMINE is an economic tort. |
FRAUD - misrepresentation of a past or present material fact
ABUSE of process - initiation of civil or criminal proceedings against plaintiff with malicious intent (prior action NEED NOT have terminated in favor of present plaintiff) MALICIOUS prosecution - initiation of civil or ciminal proceeding against plaintiff with no probable cause that plaintiff is liable or guilty, malicious intent (prior action MUST have terminated in favor of present plaintiff) INJURIOUS falsehood (disparagement) - recklessly or intentionally published false assertion of fact leading to pecuniary injury caused by 3rd party's response NEGLIGENT misrepresentation - negligent misstatement of material fact in business of supplying information to others justifiably relied upon by plaintiff interference with prospective ECONOMIC advantage, including contractual relations |
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Torts - Theories of Vicarious Liability
i DARE Plaintiff to Join vicariously liable tortfeasors. |
DELEGATION of non-delegable duties (inherently dangerous work, like excavation)
AUTOMOBILE ownership negligent entrustment (knew of unsafe driving habits) use by family members for a family purpose statutory liability for consenting to another's use of the vehicle RESPONDEAT superior - "master" liable for acts of "servant" if committed within scope of employment negligent ENTRUSTMENT of dangerous instrumentalities to a child failure to control child's known dangerous PROPENSITIES JOINT enterprises - when two or more persons act in concert |
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Torts - Attractive Nuisance
Test To Determine Liability An attractive nuisance is a REAL threat to the safety of children. |
children cannot RECOGNIZE danger
EXPENSE of making condition is slight compared to danger dangerous condition on property is ARTIFICIAL children are LIKELY to trespass on property (and possessor knows or should know) |
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Torts - Defenses to Intentional Torts
Hell hath no fury like A SCORN'D tort victim. |
use of reasonable force to effect an ARREST
SHOPKEEPER's privilege to detain suspect for reasonable time using non-deadly force CONSENT defense of OTHERS if protected party was entitled to use same amount of force RECAPTURE of property if entitled to immediate possession NECESSITY for public purpose or to abate nuisance DEFENSE of self, land and chattels under protective privilege |
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Torts - Limitations on Awarding of Damages
tort damages are measured by how well you FUCC. |
FORESEEABLE - damage/injury must be foreseeable at the time duty is breached (proximate cause)
UNAVOIDABLE - no recovery for losses which reasonably could have been avoided or mitigated damages must be CAUSED by defendant's breach ("but for" causation) sufficiently CERTAIN - damages cannot be speculative |
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Trusts - Ways a Trust can be Created
it's WICKED smart to create a trust. |
created by WILL (testamentary trust)
INTER VIVOS trust created by transfer of property CONSTRUCTIVE or resulting trust created as a matter of law creation of trust by K (contract) creation of trust by EXERCISING the power of appointment DECLARATION of trust by property owner |
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Trusts - Duties of Trustee
The trustee had a duty to make sure the beneficiary wasn't drinking SPOILED CAB. |
refrain from SELF-DEALING (duty of loyalty)
PROTECT the corpus of the trust by preserving principal and diversifying the trust portfolio refrain from usurping OPPORTUNITIES available to trust (duty of loyalty) INFORM settlor and beneficiaries of transactions involving more than 25% of trust assets and wait for objections prior to executing the transaction LITIGATE on behalf of the trust when necessary EXERCISE degree of care, skill and prudence which would be exercised by a reasonably prudent person in managing his/her own property avoid DELEGATION of duties involving judgment, discretion or power of appointment (proper administration) COMPLY with terms & duties under trust detailed ACCOUNTING, including earmarking and segregating trust assets separately from personal assets refrain from BORROWING funds from the trust (duty of loyalty) |
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Trusts - Trustee's Defenses for Breach of Duty
A trustee can KIL a suit against him for breach of duty. |
KNOWING consent (or waiver) to breach of trustee's duties by beneficiary (implicitly applied to beneficiaries who benefited from wrongful act)
INSTRUMENT contains exculpatory or "hold harmless" provisions. These are enforceable ONLY if breach was merely negligent and trustee lacked bad faith. LACHES or statute of limitations - failure by beneficiary to timely assert claims |
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Future Interests - Applicability of Rule Against Perpetuities
RAP music is ECO-friendly. |
RULE AGAINST PERPETUITIES
EXECUTORY interests CONTINGENT remainders OPEN class remainders |
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Trusts - Ways a Trust can be Terminated
When a trust wants to be terminated, it yells "Pour some ACID on ME!!!" |
PETITION to court by beneficiary, spendthrift provision or settlor (if beneficiary is in agreement)
purpose ACCOMPLISHED, illegal or impossible (such as if the sole beneficiary dies without heirs) CONSOLIDATION by the court where multiple trusts have same purpose, trustees, settlors and beneficiaries INCOME interest terminates - corpus is distributed to remainder beneficiaries if all income beneficiaries die (doctrine of acceleration) unilateral DONOR termination permitted if this right is specified in the instrument. This right is called a "grantor trust," so assets are included in grantor's estate for tax purposes. MERGER of legal and equitable title when beneficiary and trustee are the same person EXPIRATION of term specified in the trust instrument |
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Wills - Elements of a Valid Will
I CAST a valid will into the stream of probate court. |
INTENT to devise contents upon death at time of execution
CAPACITY to understand the property, people involved and the effect of executing the instrument. ATTESTED to by two competent, non-interested witnesses SIGNED by testator or person directed who is within "line-of-sight" TESTAMENTARY age of legal capacity |
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Wills - Eight Frequently Tested
Problematic "Takers" Under the Will An executor looks to the LIAR DOCS to decide who takes under the will. |
LATER spouse not named in existing valid will usually takes all jointly-owned property and the greater of $50k or 1/2 of the separate property under UPC intestacy succession rules
IRREVOCABLE living trusts where the beneficiary is kin (lineal descendants of testator's grandparent) are covered by antilapse statute, but not devises where survivorship is required--all other lapsed devises are added to the residue of the estate. ADOPTED, half-blood, acknowledged and paternity suit children are treated as natural issues for inheritance purposes under the UPC and most states (exception: children take by right of representation if intestacy rules apply) a named beneficiary may REFUSE or disclaim to accept a devise under the will; property is added to residue subsequent DIVORCE causes all provisions favoring ex-spouse to be revoked unless stated otherwise in the will or if listed as beneficiary of insurance policy or ERISA benefit OMITTED surviving children usually qualify for a forced share as if decedent died intestate (unless disinheritance can be proved) CLASS beneficiaries must be sufficiently identifiable; courts refer to statute, testator's intent and applicable rules of construction to determine when class closes SATISFACTION of testamentary devise cannot be made by including inter vivos transfers of gifts given to beneficiary unless that intent stated in writing (i.e., executor can't deduct $20k gift to beneficiary received while testator was living from a $50k will devise) |
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Wills - Will Challenges
Grounds To Contest a Dependable, Constructive UMPIRE decides whether a will can be contested. |
DEPENDANT relative revocation may apply if subsequent will or codicil is invalid AND prior valid will is substantially identical & consistent with testator's intent
CONSTRUCTIVE trust may be necessarily imposed to prevent unjust enrichment or injustice to omitted beneficiary (wrongdoer serves as trustee, ha ha ha) indicia of UNDUE influence (only a CAD ROBS a rich testator) MISTAKE in the execution (wrong document signed with no intent to make a will--will invalid, parol evidence inadmissible) fraudulent PREVENTION of a will being written fraud in the INDUCEMENT failure to REVOKE fraud in the EXECUTION |
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Wills - Undue Influence
Factors to Consider only a CAD ROBS a rich testator. |
CONFIDENTIAL (or fiduciary) relationship exists
ACTIVE participation in will preparation or execution DISPOSITION to exercise undue influence unnatural RESULT OPPORTUNITY to exercise undue influence undue BENEFIT to alleged wrongdoer SUSCEPTIBLE testator |
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Wills - Classification of Legacies and Devises
Acrostic Some Grantors Die Really Intestate |
SPECIFIC devise or bequest - particular items specified in the will
GENERAL legacy - a sum of money to be paid out of any assets of the estate DEMONSTRATIVE legacy - a sum of money to be paid from a particular account or upon sale of a particular asset RESIDUARY gift - everything else not mentioned under a will with a residuary clause, distributed to the primary beneficiaries INTESTATE property - where there is no will, a lapse, disclaimer, no residuary clause, or the only will was successfully challenged (NOTE: most states disfavor intestacy--the court will interpret parol evidence to save any document that exists and adequately expresses the decedent's intent) |
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Wills - Ways to Revoke the provisions of a Will
DIVORCE will AMBUSH beneficiaries. |
DIVORCE / annulment (property passes as if the former spouse predeceased testator)
post-will ISSUE (revoked as to that child) VARIANCE of provisions that increases a non-residuary gift or changes a beneficiary OBLITERATION by cancellation or physical act (burning or tearing) by RESTRICTION under slayer statute CY PRES modification of testator's bequest by the court to continue charitable purpose when impossible, impractical or wasteful to carry out as stated in the will EXPRESS revocation by subsequent properly executed instrument (including holographic will) ADEMPTION of property devised but not owned at death post-will MARRIAGE (as to surviving spouse's intestate share) BEQUEST advancement paid to beneficiary inter vivos (if gift exceeds intestate share, heir gets nothing) UNIFORM Simultaneous Death Act SIGNATURE of testator intentionally defaced HOLOGRAPHIC codicil modifying a holographic will |