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Study sets matching "exam ca bar"

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Study sets matching "exam ca bar"

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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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
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…
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…
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…
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…
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…
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…
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
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…
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…
897 terms
CA Bar Exam
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…
CA Bar Review
What does the Fourth Amendment provide…
What is required for standing to asser…
What are defenses to a Fourth Amendmen…
What constitutes a valid warrant?
protects citizens against unreasonable searches and seizures…
government conduct and a reasonable expectation of privacy
valid warrant, properly executed, or good faith reliance on a…
issued based on probable cause, by a neutral and detached mag…
What does the Fourth Amendment provide…
protects citizens against unreasonable searches and seizures…
What is required for standing to asser…
government conduct and a reasonable expectation of privacy
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…
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…
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…
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…
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…
50 terms
Bar Review - CA EVIDENCE
Truth in Evidence Amendment to CA Cons…
3 step approach on a CA essay question
Relevance
Subsequent remedial measures or repairs
AKA Prop. 8... All relevant EV is admissible in a CRIMINAL case,…
If CA law, in criminal case:... 1) raise all objections under t…
EV is relevant if it has any tendency to make the existence o…
In both CA & FED system:... EV of safety measures or repairs aft…
Truth in Evidence Amendment to CA Cons…
AKA Prop. 8... All relevant EV is admissible in a CRIMINAL case,…
3 step approach on a CA essay question
If CA law, in criminal case:... 1) raise all objections under t…
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
43 terms
Bar - CA evidence distinctions
Prop 8
Relevance
Subsequent remedial measures
Settlements
"Truth in Evidence" amendment - Makes all relevant evidence a…
In addition to having a tendency to make the existence of a f…
Fed - OK in strict liability ... CA - Inadmissible in strict lia…
CA - adds mediation proceedings
Prop 8
"Truth in Evidence" amendment - Makes all relevant evidence a…
Relevance
In addition to having a tendency to make the existence of a f…
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…
52 terms
CA Bar - Professional Responsibility
General Duties
Duty of Confidentiality
DOC Exceptions
Attorney Client Privilege (ACP
Clients Love Fierce Counsel; Courts Feel Different ... Confident…
Attnys owe a duty to keep client confidences. Any information…
1) Consent... 2) Attny Defense against Client... 3) Compelled by la…
- Allows Client to invoke to prevent attny from testifying... -…
General Duties
Clients Love Fierce Counsel; Courts Feel Different ... Confident…
Duty of Confidentiality
Attnys owe a duty to keep client confidences. Any information…
30 terms
CA Bar - Trusts
Private Express Trust
What can be property of a trust?
Beneficiary
Trustee
A fiduciary relationship with respect to property whereby one…
"Any presently existing interest in property that can be tr…
Any ascertainable person or group of people can be the benefi…
Trust must have a trustee; but court will not allow trust to…
Private Express Trust
A fiduciary relationship with respect to property whereby one…
What can be property of a trust?
"Any presently existing interest in property that can be tr…
103 terms
CA Bar - Evidence
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…
examples are character evidence, hearsay, privileges, or excl…
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…
26 terms
CA Bar - Remedies
TORT REMEDIES: Legal Remedies
Compensatory
Nominal
Punitive
...
Put P is position would have been had if tort had not occurre…
No injury but award to vindicate rights
Punish D for "willful, wanton, or malicious conduct." Greater…
TORT REMEDIES: Legal Remedies
...
Compensatory
Put P is position would have been had if tort had not occurre…
CA Bar Rules
Joint Tenancy
Severance of Joint Tenancy
Effect of a Security Interest on Joint…
Mortgages
A Joint Tenancy is an interest in land whereby each joint ten…
A joint tenancy may be severed by sale or transfer of a joint…
A single joint tenant may encumber the property.... Title Theor…
A Mortgage is a security interest in real estate upon which a…
Joint Tenancy
A Joint Tenancy is an interest in land whereby each joint ten…
Severance of Joint Tenancy
A joint tenancy may be severed by sale or transfer of a joint…
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…
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