Business entities
True or False: The partnership agreement can deny a limited partner the power to elect to dissociate from the partnership
True
(NOT general partners, only limited can be prevented)
DAILY DOUBLE
Florida does not require _____ to complete a conspiracy
Overt Act
A mutual mistake renders the contract voidable by the adversely affected party upon proof that: (1) the mistake of fact existed at the time the contract was formed, (2) the mistake relates to a basic assumption of the contract, (3) the mistake has a material impact on the transaction, and ________________
(4) the adversely affected party did not assume the risk of the mistake.
What is an inter-vivos trust
a trust that provides benefit to beneficiaries during the life of the settlor
Which of the following hearsay exceptions do not require the declarant to be unavailable?
i) Statement against interest
ii) Former Testimony
iii) Statement of Personal or Family history
iv) Then Existing mental, emotional, or physical condition
iv) then existing mental, emotional, or physical condition
What do Limited Partnerships have that Limited Liability Partnerships dont?
General Partners
A motion for reduction of a sentence must be made within _____ days of sentencing
60
If a contract involves both goods and services, the court will apply the ___________ ___________ test to see whether the Common Law or UCC applies
Predominate Purpose test
If a will cannot be found at the time of death, there is a presumption that it was revoked. This presumption can be overcome in what two ways
Testimony of 2 disinterested witnesses (does not have to be the 2 who originally signed it)
OR
One disinterested witness and a correct copy (photocopy)
A party called as an adverse witness is generally not allowed to be asked a leading question on cross-examination if _______________
His own attorney is asking the leading question
A partner may file a _________, which may deny any fact asserted in a statement of partnership authority and may specifically deny any grant of authority
Statement of Denial
A new trial motion is MANDATORY if:
i. The Verdict is contrary to law or weight of evidence OR
iii. There is Newly discovered evidence that would change the outcome OR
iii. ___________________
i. The Jury decided the case by lot, i.e., “flipped a coin” or played “paper, rock, scissors” OR
DAILY DOUBLE
Under the UCC, an offer to buy or sell goods is irrevocable (firm offer) if these elements are met
(i) the offeror is a merchant, (ii) there are assurances that the offer is to remain open, and (iii) the assurance is obtained in an authenticated writing from the offeror.
Kenicia and Miguel are married. Before the marriage, Kenicia had a child when she was 16 with Jose. Kenicia dies intestate. What portion of Kenicia's estate will Miguel recover?
1/2
True or False: The federal rules of evidence apply during sentencing hearings
False
A Foreign Corporation or LLC who decides not to obtain a certificate of authority in Florida is prevented from __________
Maintaining an action in Florida, NOT defending an action in Florida
For a kidnapping to occur in Florida, the kidnapper must forcibly, secretly, or by threat confine, abduct, or imprison another person against their will and have the intent to:
i) Hold the person for ransom, reward, shield, or hostage;
ii) Commit or facilitate the commission of a felony;
iii) Inflict bodily harm upon or terrorize the victim or another; or
iv) Interfere with the performance of any governmental or political function.
Migchelle enters into a contract with Josie to purchase 10,000 extra small condoms at $2.50 per rubber. Included in the contract is a provision that says "F.O.B. sellers place of business". Who bears the risk of loss if the rubbers are destroyed while in transit?
Migchelle
Adopted persons and persons born out of wedlock- cannot inherit from dad UNLESS what?
1) marriage ceremony ( even if void) OR adjudicated paternity- even after death OR dad acknowledged in writing
Matt is on trial for statutory rape of Port. Matt seeks to introduce into evidence a letter Port wrote to him years ago on the basis that it is an ancient document. Assuming the Trial takes place in 2015, what year must the document have been written in order to qualify as an ancient document?
1995 (20 years old at least to qualify as an ancient document).
In a LIMITED LIABILITY CORPORATION (LLC), unless the articles of organization provide otherwise, profits and losses are allocated ____________
According to each members contributions to the LLC
If the state fails to formally charge the D within _____ days AFTER the D’s ARREST the D’s release is REQUIRED
33
Anticipatory repudiation applies when a promisor repudiates a promise before the time for performance is due. The repudiation must be clear and unequivocal, may be demonstrated by conduct or words, and must be made to the promisee. In Florida, a refusal to perform must be _________, __________, and __________
“distinct, unequivocal, and absolute”
DAILY DOUBLE
when a charitable purpose selected by the settlor is impractical, and the court finds that the settlor had a general charitable purpose, it will select an alternative charity to be the beneficiary under the _________________ doctrine
Cy Press
The following is an example of what kind of statute:
"An interested survivor cannot testify for his or her interest against the decedent or decedents representatives about communications or transactions with the decedent in a civil case unless there is a waiver."
Dead mans statute