Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
40 Cards in this Set
- Front
- Back
Defenses to Contract Formation
|
MAMUSIC
Misrepresentation Ambiguity in Terms Mistake of Fact Unconscionability Statute of Frauds Illegality Capacity |
|
Goods over $500 exceptions for a writing
|
SWAP
1) Special manu + substantial Beg 2) Written Confirmatory memo by - Merchant + conf memo + 10 day rule. 3) Admissions in pleadings/court 4) Payment of Goods/Delivery (performance) |
|
Contract Excuse Defenses
|
LOANS
L – Later Unforeseen Event Impossibility, Impracticability, Frustration of Purpose O – Other party’s breach A – Anticipatory Repudiation N – Non-Occurrence of Express Condition unless Waiver, Estoppel or Hindrance S – Secondary K Rescission Accord & Satisfaction Modification Novation |
|
Specific Performance
|
“Conviser is a Mother Fucking Douchebag”
Contract is Valid (certainty) & Conditions are satisfied Inadequate Legal Remedy Mutuality of Obligation Feasibility of SP decree Defenses |
|
Equal Protection Attack
|
Classification?
Facially Discriminatory/Facially Neutral Level of Scrutiny? Apply the Test |
|
Permanent Injunction
|
“I Put Five Bucks Down”
Inadequate Legal Remedies Property Right is involved/Protectable Interest Feasibility of Enforcement Balancing of Hardships Defenses |
|
Intentional Misrepresentation
|
“My fucking ignorance creates real dangers”
Material Fact Falsity (Scienter) Intent Causation Reliance (Justifiable) Damages |
|
Strict Liability
|
Absolute Duty to make safe
Dangerous aspect is Cause Damages (ADA, Animals) |
|
SPL
|
Duty owed by commercial supplier
Defective product Defective when left D’s control Forseeable use Actual & proximate cause Damages |
|
Defamation
|
Defamatory Language
Of and Concerning P Publication Damage to P’s rep – libel & slander per se Falsity & Fault in Con cases Matter of public concern – falsity is part of PF case ublic Figure – must show actual malice. Private figure – negligence |
|
First Amendment
|
“Fuck Conlaw Every Single Time”
Facial Challenge Content Based/Content Neutral Exceptions to Content Based Symbolic Time Place Manner |
|
Creation of Eastment
|
PING
Prescription Implicaon Necessity Grant |
|
Termination of Easement
|
ENDCRAMP
Estoppel Necessity Ends Destruction of servient land Condemnation (eminent Domain) Release Abandonment Merger Prescription |
|
Constructive Eviction
|
SING
Serious Interference Notice Goodbye |
|
Negative Easements
|
LASSS
Light Air Support Stream Water from art flow Scenic View (CA only) |
|
Landlords can breach these
|
Covenant of Quiet Use and Enjoyment (constructive eviction)
Implied warranty of habitability |
|
T's options with Implied Warranty of Habitability
|
Move out (terminate lease)
Repair and Deduct Pay only rent for FMV Pay rent and sue |
|
Covenants of title in a General Warranty Deed
|
"People are really stupid for wanting further education"
Present (Against Encumberances, Right to Convey, Seisin) Future (Warranty, Further Assurances, Enjoyment (Quiet) |
|
Fixtures analysis
|
do they atTACH
Trade Fixtures Attachment Custom Harm to premises if removed |
|
Tort Liability for Landlords at CL
|
Caveat Emptor unless CLAPS
Common Areas Latent Defects Assumption of repairs Public Use Short term lease of furnished dwelling |
|
Wills Attack
|
William Clinton Rarely preaches immorality
Will Formation Components of the Wil Revocation/Revival Problems w/ Devises Intestacy |
|
With any writing outside a will bring:
|
Acts of Indepedant Signifcance
Incorporation by Reference California sep writing for pers property Codicil |
|
Undue Influence
|
3 theories
CL - Susceptability + Opp + Participation + Unnatural Result Presumption - Confidential Relationship + Active Participation + Unnatural Result California Presumption (see another flash card) |
|
California Stautory Presumption of Undue Influence
|
Drafter of instrument unless relative
Person in fiduciary relationship Care custodian w/ in 90 days Employees and cohabitants of the above 3rd degree relatives of the above Partners/shareholders of law firm of first two |
|
PR Attack in General
|
“Clients love fierce counsel, Courts feel differently, Courts and Lawyers Talk profusely.”
|
|
Duties to Clients
|
Confidentiality (A/C priv too), Loyalty, Financial, Competence & common sense
|
|
Duties to Others
|
Candor, Fairness, Dignity and Decorum
|
|
Duty of Candor
|
To public when advertising, to court to state law and facts truthfully
|
|
Fairness
|
To the other party - Indvertent disclosures, use of press to taint jury pool,
Prosecutors - must have PC |
|
Dignity & Decorum
|
No improper influence in court
No abusive conduct Duty to exidite case Duty to profession to avoid unauthorized practice of law, to supervise and to police misconduct. |
|
Who you owe other duties to
|
Court, Adversaries, Lawyers, Third Parties, Public
|
|
Business TXs between Lawyer and Client
|
First Discuss Over Coffee
Fair Terms Disclosed in ambiguous writng Opportunity for independent counsel Consent, written, by client |
|
10b actions
|
JDs can play real lawyers
Jurisdiction Deception (affirmative or duty w/ omiission) Scienter Connection with buy/sell of stocks Private Action requires Reliance + Loss Causation |
|
10b misappropriation theory
|
Insider Trading, Tipper, Tipee - Confidential realtionships and Family members unless they have no reason to know of confidential nature.
|
|
16(b)
|
Really Big Bad Profits
Reporting company or one that has 500 SH and 10 mil in assets Big Wig D Buy/Sell or Sell/Buy in less than 6 months Profits - Disgorge |
|
Sarbanes Oxley
|
Reporting Company
False statement filed or trading during blackout fines and jailtime Loss of incentive pay (12 months after) Loss of profits (12 months after) |
|
Community Property Attack
|
Source, Actions, Presumptions, Disposition
|
|
Anti-Lucas Reimbursement
|
When SP is used to improve CP - for DIP
Downpayment, Improvments, Principal payments |
|
Commingled Bank Accounts
|
FED
Family Expenes are always CP Exhaustion method Direct Tracing (quick in out) |
|
SP owned businesses where value increases
|
Periera - Personal value increases - so pay interest on the separate property owned when marriage occured, the rest is CP
Van Camp (valuable company) CP is presumed from labor & any community expenses are presumed - then the rest is SP. |