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Study sets matching "exam bar law ca"

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Study sets matching "exam bar law ca"

150 terms
CA Bar - Con Law
THE FEDERAL JUDICIAL POWER:
Judiciability doctrines:4
JUDICIABILITY DOCTRINES:... STANDING
JUDICIABILITY DOCTRINES:... STANDING... IN…
a. Article 3 Constitution defines the powers of the federal c…
1. STANDING:... 2. RIPENESS:... 3. MOOTNESS:... 4. POLITICAL QUESTI…
Is the most important. ... ISSUE: The question of whether the P…
i) The P must allege and prove that he or she has been or imm…
THE FEDERAL JUDICIAL POWER:
a. Article 3 Constitution defines the powers of the federal c…
Judiciability doctrines:4
1. STANDING:... 2. RIPENESS:... 3. MOOTNESS:... 4. POLITICAL QUESTI…
150 terms
Constitutional Law: CA Bar
THE FEDERAL JUDICIAL POWER:
Judiciability doctrines:4
JUDICIABILITY DOCTRINES:... STANDING
JUDICIABILITY DOCTRINES:... STANDING…
a. Article 3 Constitution defines the powers of the federal c…
1. STANDING:... 2. RIPENESS:... 3. MOOTNESS:... 4. POLITICAL…
Is the most important. ... ISSUE: The question of whether the…
i) The P must allege and prove that he or she has been or imm…
THE FEDERAL JUDICIAL POWER:
a. Article 3 Constitution defines the powers of the federal c…
Judiciability doctrines:4
1. STANDING:... 2. RIPENESS:... 3. MOOTNESS:... 4. POLITICAL…
53 terms
CA Bar: Criminal Law
Jurisdiction and General Matters
Merger
An Act
An Omission As an Act
A state acquires jurisdiction over a crime if either the cond…
Generally, there is no merger of crimes in American law, but…
An act can by any bodily movement, but must be voluntary.... *Co…
Generally, there is no duty to rescue, but sometimes there is…
Jurisdiction and General Matters
A state acquires jurisdiction over a crime if either the cond…
Merger
Generally, there is no merger of crimes in American law, but…
112 terms
Constitutional Law -- CA Bar
Constitutional Law: Mnemonic and Check…
Judicial Power Issues
Cases and Controversies Requirement
Requirements for Standing
State the 3 Branches, Feds Due First. ... I. State Action Requir…
A. Cases and Controversies Requirement... B. Supreme Court's App…
Limits on federal judicial power (aka justiciability doctrine…
(1) Injury in Fact... - Actual & imminent injury ... - Must be pers…
Constitutional Law: Mnemonic and Check…
State the 3 Branches, Feds Due First. ... I. State Action Requir…
Judicial Power Issues
A. Cases and Controversies Requirement... B. Supreme Court's App…
150 terms
Constitutional Law: CA Bar
THE FEDERAL JUDICIAL POWER:
Judiciability doctrines:4
JUDICIABILITY DOCTRINES:... STANDING
JUDICIABILITY DOCTRINES:... STANDING... IN…
a. Article 3 Constitution defines the powers of the federal c…
1. STANDING:... 2. RIPENESS:... 3. MOOTNESS:... 4. POLITICAL QUESTI…
Is the most important. ... ISSUE: The question of whether the P…
i) The P must allege and prove that he or she has been or imm…
THE FEDERAL JUDICIAL POWER:
a. Article 3 Constitution defines the powers of the federal c…
Judiciability doctrines:4
1. STANDING:... 2. RIPENESS:... 3. MOOTNESS:... 4. POLITICAL QUESTI…
150 terms
Constitutional Law: CA Bar
THE FEDERAL JUDICIAL POWER:
Judiciability doctrines:4
JUDICIABILITY DOCTRINES:... STANDING
JUDICIABILITY DOCTRINES:... STANDING... IN…
a. Article 3 Constitution defines the powers of the federal c…
1. STANDING:... 2. RIPENESS:... 3. MOOTNESS:... 4. POLITICAL QUESTI…
Is the most important. ... ISSUE: The question of whether the P…
i) The P must allege and prove that he or she has been or imm…
THE FEDERAL JUDICIAL POWER:
a. Article 3 Constitution defines the powers of the federal c…
Judiciability doctrines:4
1. STANDING:... 2. RIPENESS:... 3. MOOTNESS:... 4. POLITICAL QUESTI…
79 terms
CA Bar: Criminal Law
instances where criminal liability ari…
types of mens rea
crimes requiring specific intent
malice
1. imposed by statute (e.g., obligation to file tax return)... 2…
1. specific intent... 2. malice... 3. general intent
1. first-degree murder... 2. inchoate offenses... 3. assault with i…
reckless disregard of a high risk of harm
instances where criminal liability ari…
1. imposed by statute (e.g., obligation to file tax return)... 2…
types of mens rea
1. specific intent... 2. malice... 3. general intent
61 terms
CA BAR-Con Law
1st Amendment- Speech
1st Amendment- Content specific
Public Forum
Designated Public Forum
The Fist Amendment guarantees the freedom of speech. Generall…
As a general rule the government may regulate the content of…
public forums are government properties historically open for…
designated public forums are government properties not histor…
1st Amendment- Speech
The Fist Amendment guarantees the freedom of speech. Generall…
1st Amendment- Content specific
As a general rule the government may regulate the content of…
96 terms
CA Bar: Criminal Law
instances where criminal liability ari…
types of mens rea
crimes requiring specific intent
malice
1. imposed by statute (e.g., obligation to file tax return)... 2…
1. specific intent... 2. malice... 3. general intent
1. first-degree murder... 2. inchoate offenses... 3. assault with i…
reckless disregard of a high risk of harm
instances where criminal liability ari…
1. imposed by statute (e.g., obligation to file tax return)... 2…
types of mens rea
1. specific intent... 2. malice... 3. general intent
72 terms
CA BAR- Crim Law
Exclusionary Rule
Fourth Amendment - Search and Seizure…
Fourth Amendment - Warrant Requirement
Exception to Warrant Requirement - Sea…
Under the exclusionary rule, evidence obtained in violation o…
The Fourth Amendment protects citizens against unreasonable s…
For a search and seizure to be valid, the government must hav…
During a search incident to a lawful arrest based on probable…
Exclusionary Rule
Under the exclusionary rule, evidence obtained in violation o…
Fourth Amendment - Search and Seizure…
The Fourth Amendment protects citizens against unreasonable s…
47 terms
Criminal Law CA Bar (2015)
Actus reus
Mens rea
Transferred Intent
Strict Liability
1. D must have either performed a voluntary physical act or f…
Specific Intent: Intended to bring a specific result. BAM ACT…
D can still be liable, when he intends the harm but the Victi…
a. SL or public welfare offense is one that doesn't require a…
Actus reus
1. D must have either performed a voluntary physical act or f…
Mens rea
Specific Intent: Intended to bring a specific result. BAM ACT…
81 terms
Criminal Law: CA Bar (2015)
II. CRIMINAL HOMICIDE:
MURDER:
Physical act component for Murder:
MURDER: ... HOMICIDE: ... Different si…
1. Murder, ... 2. Involuntary Manslaughter, ... 3. First Degree M…
i. Is a homicide committed with ... ... ii. malice... Two parts:…
i) Homicide: ... The unlawful killing of another human caused…
1. D acted alone: caused the death by himself.... 2. D's omis…
II. CRIMINAL HOMICIDE:
1. Murder, ... 2. Involuntary Manslaughter, ... 3. First Degree M…
MURDER:
i. Is a homicide committed with ... ... ii. malice... Two parts:…
150 terms
Constitutional Law: CA Bar (2015)
THE FEDERAL JUDICIAL POWER:
Judiciability doctrines:4
JUDICIABILITY DOCTRINES:... STANDING
JUDICIABILITY DOCTRINES:... STANDING... IN…
a. Article 3 Constitution defines the powers of the federal c…
1. STANDING:... 2. RIPENESS:... 3. MOOTNESS:... 4. POLITICAL QUESTI…
Is the most important. ... ISSUE: The question of whether the P…
i) The P must allege and prove that he or she has been or imm…
THE FEDERAL JUDICIAL POWER:
a. Article 3 Constitution defines the powers of the federal c…
Judiciability doctrines:4
1. STANDING:... 2. RIPENESS:... 3. MOOTNESS:... 4. POLITICAL QUESTI…
9 terms
2016 CA Bar: Con Law
I. JUSTICIABILITY & LIMITS ON FEDERAL…
RIPENESS (Dec. Judgment)
ABSTENTION
ADEQUATE & INDEPENDENT STATE GROUNDS
RA(AA)MPSE... R - Ripeness... A - Abstention... A - Adequate & Indepe…
Federal courts will not grant pre-enforcement review of a sta…
Federal courts will abstain from resolving a claim when based…
The SUPREME COURT will not review a state court judgment base…
I. JUSTICIABILITY & LIMITS ON FEDERAL…
RA(AA)MPSE... R - Ripeness... A - Abstention... A - Adequate & Indepe…
RIPENESS (Dec. Judgment)
Federal courts will not grant pre-enforcement review of a sta…
32 terms
CA Bar -- Con Law (Feb 2015)
Justiciability Doctrines (4)
Justiciability --> Standing
Justiciability --> Standing: 3P claims
Justiciability --> Standing: Taxpayer/…
(1) Standing... (2) Ripeness... (3) Mootness... (4) Political Question
Req: P must show (i) injury in fact (ii) caused by the D and…
P cannot assert claims of 3P UNLESS: ... (a) there is a close re…
Rule: generally no standing to sue just because taxpayer/citi…
Justiciability Doctrines (4)
(1) Standing... (2) Ripeness... (3) Mootness... (4) Political Question
Justiciability --> Standing
Req: P must show (i) injury in fact (ii) caused by the D and…
39 terms
CA Bar Essay Slapdowns - Constitutional Law
Is This State Action?
Justiciable Case or Controversy
Ripeness
Ripeness: Declaratory Relief
The Supreme Court has found in a few situations that private…
A federal court will not hear a case unless it is justiciable…
Plaintiff is not entitled to review of statute or regulation…
A federal court will render declaratory relief if there is an…
Is This State Action?
The Supreme Court has found in a few situations that private…
Justiciable Case or Controversy
A federal court will not hear a case unless it is justiciable…
59 terms
CA Bar Essay Slapdowns: Criminal Law and Procedure
Common Law Murder
Depraved Heart
Felony Murder Rule
First Degree Murder
At common law, murder is the killing of another human being w…
A defendant can be convicted of common law murder if he acted…
A defendant can be convicted of common law murder pursuant to…
First degree murder is codified/statutory murder committed wi…
Common Law Murder
At common law, murder is the killing of another human being w…
Depraved Heart
A defendant can be convicted of common law murder if he acted…
8 terms
CA Bar Criminal Law Essay outline Issues and Definitions (Common Law)
Crimes against person... A. Assault
Crimes against person ... B. Battery
Crimes against person ... C. Mayhem
Crimes against person ... D. Kidnapping
Crimes against person ... A. assault is either an attempt to com…
Crimes against person ... B. battery is the intentional or reckl…
Crimes against person ... C. Mayhem is the permanent dismemberme…
Crimes against person ... D. Kidnapping is the unlawful confinem…
Crimes against person... A. Assault
Crimes against person ... A. assault is either an attempt to com…
Crimes against person ... B. Battery
Crimes against person ... B. battery is the intentional or reckl…
36 terms
CA Bar: CA Evidence Distinctions
Truth in Evidence Amendment (Prop. 8)…
Relevance
Subsequent Remedial Measures or Repairs
Settlements, Offers to Settle, and Rel…
1. Exclusionary rules under US Constitution such as the Confr…
Evidence is relevant if it has any tendency to make the exist…
CA does not make subsequent remedial measures or repairs inad…
CA also makes discussions during mediation proceedings inadmi…
Truth in Evidence Amendment (Prop. 8)…
1. Exclusionary rules under US Constitution such as the Confr…
Relevance
Evidence is relevant if it has any tendency to make the exist…
91 terms
Real Property CA Bar
Fee Simple Absolute
Defeasible Fees
Fee Simple Determinable - Possibility…
Possibility of Reverter:
Fee Simple Absolute is the largest estate recognized by law.…
Estates that can be terminated upon the happening of a stated…
A fee simple determinable terminates upon the happening of a…
When a grantor conveys a FSD he automatically retains a possi…
Fee Simple Absolute
Fee Simple Absolute is the largest estate recognized by law.…
Defeasible Fees
Estates that can be terminated upon the happening of a stated…
54 terms
CA Bar: Contracts and Sales
Unilateral Offer
Bilateral Contract
Quasi-Contract
Applicable Law
results from an offer that expressly requires performance as…
All contracts unless... 1. reward, prize, contest... 2. offer expre…
Equitable remedy... -anytime contract law produces an unfair res…
1. Common law... -majority rule... 2. UCC Articles 1 and 2... -when pr…
Unilateral Offer
results from an offer that expressly requires performance as…
Bilateral Contract
All contracts unless... 1. reward, prize, contest... 2. offer expre…
22 terms
CA Bar 2016 - Torts
Strict Products Liability (SPL)
SPL: Commercial Supplier Applicability
SPL: Production or Sale of Defective P…
SPL: Design Defect & Inadequate Warnings
A commercial supplier may be strictly liable in tort for inju…
Strict liability applies to commercial suppliers who place pr…
P must prove that D supplied a product that was defective, bu…
In a design defect case, all of the products of a line are ma…
Strict Products Liability (SPL)
A commercial supplier may be strictly liable in tort for inju…
SPL: Commercial Supplier Applicability
Strict liability applies to commercial suppliers who place pr…
66 terms
CA Bar -- Contracts (2015)
General Contract Issues checklist: Arm…
Which Law applies (UCC Art 2 v. Common…
Elements of a Valid of Contract (3)
The Offer
(1) Applicable Law... (2) Formation of Contracts... (3) Terms of Co…
Common Law --> any contract for non-sale of goods... UCC --> fo…
(1) Offer; (2) Consideration; Acceptance
Def: manifestation of intention/commitment to be bound... Test:…
General Contract Issues checklist: Arm…
(1) Applicable Law... (2) Formation of Contracts... (3) Terms of Co…
Which Law applies (UCC Art 2 v. Common…
Common Law --> any contract for non-sale of goods... UCC --> fo…
55 terms
Corporations CA BAR (2015)
Corporations
PROMOTER AND SUBSCRIBERS
NOVATION
DE JURE CORPORATION
...
Promoters: Persons acting on behalf of the corporation not ye…
Two parties to a K (Promoter and 3P) agree to replace/substit…
Incorporators. Person(s) or entity that will incorporate, sig…
Corporations
...
PROMOTER AND SUBSCRIBERS
Promoters: Persons acting on behalf of the corporation not ye…
108 terms
CA Bar: Wills (2015)
Wills ... Basics
Capacity
Lack of Capacity
Consequences of No Capacity
(1) Ritual, (2) Evidentiary and (3) Protective ... Lack of Inte…
1. Testator must be at least 18 years of age.... 2. Testator mus…
Challenger must produce evidence that the testator in at leas…
1. The entire will is invalid --> intestate succession... Except…
Wills ... Basics
(1) Ritual, (2) Evidentiary and (3) Protective ... Lack of Inte…
Capacity
1. Testator must be at least 18 years of age.... 2. Testator mus…
58 terms
CA Bar: Federal Evidence
Answer Choices to Assume Incorrect
Relevance
Discretion to Exclude Relevant Evidence
Exclusion of Relevant Evidence for Pol…
"Inadmissible because it is not the best evidence"... "Inadmissi…
Evidence is relevant if it has any tendency to make the exist…
Even if evidence is relevant, the court has discretion to exc…
1. Liability Insurance... -inadmissible to prove culpable conduc…
Answer Choices to Assume Incorrect
"Inadmissible because it is not the best evidence"... "Inadmissi…
Relevance
Evidence is relevant if it has any tendency to make the exist…
102 terms
CA Bar Torts (2015)
HOW MANY DIFFERENT TORTS?
INTENTIONAL TORTS
Prima Facie Case of Intentional Torts
BATTERY
SEVEN. ... 1. Intentional Torts... 2. Economic/Dignity Torts... 3. St…
assault, ... battery, ... false imprisonment, ... IIED, ... trespass to l…
1. A volitional movement by D.... 2. Intent. Can be either:... i. S…
An act by D, that intentionally causes ... Harmful or offensive…
HOW MANY DIFFERENT TORTS?
SEVEN. ... 1. Intentional Torts... 2. Economic/Dignity Torts... 3. St…
INTENTIONAL TORTS
assault, ... battery, ... false imprisonment, ... IIED, ... trespass to l…
139 terms
CA Bar - Evidence (2015)
What are the issues that will most lik…
What is CA Prop 8.
What are CA Prop 8 exceptions
Form
legal and logical relevance, form, competence, presentation,…
Part of CA Constitution, all relevant evidence is admissible…
(1) limits on character evidence, (2) hearsay, (3) privileges…
Must have timely and specific objections.
What are the issues that will most lik…
legal and logical relevance, form, competence, presentation,…
What is CA Prop 8.
Part of CA Constitution, all relevant evidence is admissible…
49 terms
CA Bar: Criminal Procedure
Exclusionary Rule
Limitations on Exclusion
Fruit of the Poisonous Tree Doctrine
Exclusionary Rule and Convictions
A remedy of American constitutional procedure whereby someone…
Does not apply to grand jury proceedings... -A grand jury witnes…
The doctrine will not only exclude illegally seized evidence,…
A conviction will not necessarily be overturned because impro…
Exclusionary Rule
A remedy of American constitutional procedure whereby someone…
Limitations on Exclusion
Does not apply to grand jury proceedings... -A grand jury witnes…
52 terms
CA Bar: Professional Responsibility
Duty of Competence
Client Trust Accounts
Referrals
Fee Disputes
Using the legal knowledge, skill, thoroughness, and preparati…
Duty to safeguard client's property by labeling and storing i…
ABA requires fee sharing to be proportional to the work done…
When client disputes a fee, ABA encourages arbitration... *CA: r…
Duty of Competence
Using the legal knowledge, skill, thoroughness, and preparati…
Client Trust Accounts
Duty to safeguard client's property by labeling and storing i…
39 terms
CA Bar -- Wills (2015)
Requirements for a Valid Attested Will
Interested Witnesses
Requirements for a Holographic Will
Testamentary Intent/Capacity
Traditional Attested Will Requirements: ... (1) Must be *in writ…
Rule: In CA, there is a rebuttable presumption that a witness…
Elements: (1) Signed by T and (2) material provisions must be…
Rule: T must have present intent to make a particularly instr…
Requirements for a Valid Attested Will
Traditional Attested Will Requirements: ... (1) Must be *in writ…
Interested Witnesses
Rule: In CA, there is a rebuttable presumption that a witness…
73 terms
CA Bar: Torts
False Imprisonment
Intentional Infliction of Emotional Di…
Consent
Self-Defense, Defense of Others, Defen…
1. Defendant must commit an act of restraint... 2. Plaintiff mus…
1. Defendant must engage in outrageous conduct... -continuous or…
1. Did the plaintiff have legal capacity?... -children & develop…
1. Defendant may respond to a threat only when the threat is…
False Imprisonment
1. Defendant must commit an act of restraint... 2. Plaintiff mus…
Intentional Infliction of Emotional Di…
1. Defendant must engage in outrageous conduct... -continuous or…
20 terms
CA Bar -- Corporations (2015)
Basics of the Corporate Form
Liability on Pre-Incorporation K
Promotor and Secret Profit Rule
Subscribers, limits on offers to buy s…
Def: A corporation is a legal entity distinct from its owners…
Rule: Unless K provides others, the promoter remains liable o…
Rule: Promotors are fiduciaries of each other and of the corp…
Rule: Subscribers, persons who make written offers to buy sto…
Basics of the Corporate Form
Def: A corporation is a legal entity distinct from its owners…
Liability on Pre-Incorporation K
Rule: Unless K provides others, the promoter remains liable o…
29 terms
CA3 - Bar Goroesi
cnau
ceirch
menig ffwrn
hambwrdd pobi
Rhoi protein i ni trwsio cyhyrchau a thyfu.... Rhoi gwaed creisi…
Rhoi egni i ni er mwyn goroesi ein dydd
cnau
Rhoi protein i ni trwsio cyhyrchau a thyfu.... Rhoi gwaed creisi…
ceirch
Rhoi egni i ni er mwyn goroesi ein dydd
45 terms
CA Bar: Trusts
Private Express Trust
Property of the Trust
The Beneficiary
Trustee
A fiduciary relationship with respect to property whereby one…
Any presently existing interest in property that can be trans…
Any ascertainable person or group of people can be the benefi…
A trust must have a trustee, but the court will not allow the…
Private Express Trust
A fiduciary relationship with respect to property whereby one…
Property of the Trust
Any presently existing interest in property that can be trans…
231 terms
CA Bar Exman
Auction/Forced Sale
Exception to Auction/Bidding
End of Auction
Insurable Interest in Goods
When an auctioneer knowingly accepts a bid by the seller or o…
There are two exceptions to this rule, which are that (i) a s…
Auction is completed when a auctioneer announces its end. Whe…
A buyer acquires an insurable interest in goods upon the iden…
Auction/Forced Sale
When an auctioneer knowingly accepts a bid by the seller or o…
Exception to Auction/Bidding
There are two exceptions to this rule, which are that (i) a s…
85 terms
CA Bar: Wills
Capacity
Consequences of No Capacity
Insane Delusion
Consequences of Insane Delusion
1. Testator must be at least 18 years of age.... 2. Testator mus…
1. The entire will is invalid --> intestate succession... Except…
1. Testator had a false belief... 2. That false belief was the p…
Only that part of the will that was affected by the delusion…
Capacity
1. Testator must be at least 18 years of age.... 2. Testator mus…
Consequences of No Capacity
1. The entire will is invalid --> intestate succession... Except…
94 terms
CA Civ Pro Bar
California State Courts
SMJ Classifications
SMJ: Limited Civil Case
SMJ: Unlimited Civil Case
California has one superior court in each of its 58 counties…
(1) Limited Civil Case... (2) Unlimited Civil Case... (3) Small Cla…
Actions in which the amount in controversy is $25,000 or less
Actions in which the amount in controversy exceeds $25,000
California State Courts
California has one superior court in each of its 58 counties…
SMJ Classifications
(1) Limited Civil Case... (2) Unlimited Civil Case... (3) Small Cla…
58 terms
CA BAR- Remedies
Remedies Approach
Temporary Restraining Order
TRO requirements
Preliminary Injunction
-COA... -Applicable/Governing Law... -Prima Facia Case ... -Defenses t…
A temporary restraining order ("TRO") is an emergency order i…
The moving party must: give the nonmoving party notice of the…
A preliminary injuction is an order that maintains the status…
Remedies Approach
-COA... -Applicable/Governing Law... -Prima Facia Case ... -Defenses t…
Temporary Restraining Order
A temporary restraining order ("TRO") is an emergency order i…
20 terms
BAR- Ca+ blockers
What is the opposite of Ca+?
Magnesium involves with relaxation of ?
Role of Calcium in muscle contraction
Mechanism of calcium movement and stor…
Mg++
- Broncho... - Muscle
- Cytosolic Ca++ binds to troponin C (cardiac) or calmodulin…
- Receptor Operated Channel... - Potential Dependent Channel... a.k…
What is the opposite of Ca+?
Mg++
Magnesium involves with relaxation of ?
- Broncho... - Muscle
31 terms
CA BAR- Evidence
Intro
Hearsay
Present Sense Impression
Contemporaneous Statement
Evidence must be both logically and legally relevant to be ad…
Hearsay is an out of court statement offered into evidence to…
Under the FRE, when a person perceives an event and is moved…
The CEC makes a hearsay exception for contemporaneous stateme…
Intro
Evidence must be both logically and legally relevant to be ad…
Hearsay
Hearsay is an out of court statement offered into evidence to…
PR for CA bar
The lawyer has a duty of __ to clients…
List of duties that run to parties oth…
Duty of confidentiality rule
Can a disclaimer allow a lawyer to cre…
1. Confidentiality... 2. Loyalty... 3. Fiduciary Responsibilities... 4…
1. Candor/Truthfulness... 2. Fairness... 3. Dignity/Decorum... 4. ...&…
A lawyer cannot reveal anything related to the representation…
A disclaimer must be in sufficiently plain terms to avoid att…
The lawyer has a duty of __ to clients…
1. Confidentiality... 2. Loyalty... 3. Fiduciary Responsibilities... 4…
List of duties that run to parties oth…
1. Candor/Truthfulness... 2. Fairness... 3. Dignity/Decorum... 4. ...&…
76 terms
Criminal Procedure: CA Bar
4th Amendment:
5th Amendment:
6th Amendment:
8th Amendment:
Prohibition against ... i. unreasonable search ... ii. and ... iii.…
Privilege against ... i. compulsory self incrimination : ... ... ii.…
a. Right to a speedy trial, ... b. Right to jury trial, ... c. Ri…
Prohibition against ... i. cruel and unusual punishment ... 1) Th…
4th Amendment:
Prohibition against ... i. unreasonable search ... ii. and ... iii.…
5th Amendment:
Privilege against ... i. compulsory self incrimination : ... ... ii.…
CA Bar: Professional Responsibility
Duty of Competence
Client Trust Accounts
Referrals
Fee Disputes
Using the legal knowledge, skill, thoroughness, and preparati…
Duty to safeguard client's property by labeling and storing i…
ABA requires fee sharing to be proportional to the work done…
When client disputes a fee, ABA encourages arbitration... *CA: r…
Duty of Competence
Using the legal knowledge, skill, thoroughness, and preparati…
Client Trust Accounts
Duty to safeguard client's property by labeling and storing i…
36 terms
CA Bar: CA Evidence Distinctions
Truth in Evidence Amendment (Prop. 8)…
Relevance
Subsequent Remedial Measures or Repairs
Settlements, Offers to Settle, and Rel…
1. Exclusionary rules under US Constitution such as the Confr…
any tendency to make the existence of any fact of consequence…
CA does not make subsequent remedial measures or repairs inad…
CA also makes discussions during mediation proceedings inadmi…
Truth in Evidence Amendment (Prop. 8)…
1. Exclusionary rules under US Constitution such as the Confr…
Relevance
any tendency to make the existence of any fact of consequence…
192 terms
CA Bar - Contracts
AFDTPERT
UNILATERAL K:
BILATERAL K:
Quasi Contract:
1-6, always, 7: sometimes. ... ARMADILLOS FROM DALLAS TEXAS PRE…
A K where specific performance is generally the only acceptab…
i. Most Ks are bilateral... ii. Usually offer that is silent as…
i. An equitable remedy... ii. Laws of K do not apply... iii. Anyti…
AFDTPERT
1-6, always, 7: sometimes. ... ARMADILLOS FROM DALLAS TEXAS PRE…
UNILATERAL K:
A K where specific performance is generally the only acceptab…
58 terms
CA Bar: Federal Evidence
Answer Choices to Assume Incorrect
Relevance
Discretion to Exclude Relevant Evidence
Exclusion of Relevant Evidence for Pol…
"Inadmissible because it is not the best evidence"... "Inadmissi…
Evidence is relevant if it has any tendency to make the exist…
Even if evidence is relevant, the court has discretion to exc…
1. Liability Insurance... -inadmissible to prove culpable conduc…
Answer Choices to Assume Incorrect
"Inadmissible because it is not the best evidence"... "Inadmissi…
Relevance
Evidence is relevant if it has any tendency to make the exist…
897 terms
CA Bar Flashcards - Herrington
In what cases does the Supreme Court h…
What are the requirements for justicia…
When is a case ripe?
When is a case moot?
Cases involving ambassadors, public ministers, consuls, and w…
(1) A case or controversy, ... (2) Ripeness - immediate threat o…
Upon enforcement of a law/reg OR where P suffers some harm or…
Where a case has already been resolved, it is moot. EXCEPTION…
In what cases does the Supreme Court h…
Cases involving ambassadors, public ministers, consuls, and w…
What are the requirements for justicia…
(1) A case or controversy, ... (2) Ripeness - immediate threat o…
82 terms
ca bar contracts
7 general issues
advertisement or price quotation
terminating an offer
death of a party
applicable law, formation of K, terms of k, performance, thir…
not an offer unless it is unilateral, specifies quantity, or…
lapse, death, revocation, rejection
death or incapacity after the offer but before acceptance ter…
7 general issues
applicable law, formation of K, terms of k, performance, thir…
advertisement or price quotation
not an offer unless it is unilateral, specifies quantity, or…
41 terms
torts ca bar
intent
assault
false imprisonment
IIED
acting with a desire to produce the legally foreseeable conse…
d must place p in reasonable apprehension of an immediate bat…
d must commit an act of restraint, P confined to a bounded area
outrageous conduct- all bounds of decency tolerated in a civi…
intent
acting with a desire to produce the legally foreseeable conse…
assault
d must place p in reasonable apprehension of an immediate bat…
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