CONTRACTS
A contract may be formed even if the price is left open under this body of law governing the sale of goods.
What is the Uniform Commercial Code (UCC)?
Sneaking into someone else's house at midnight intending to steal their TV is the classic example of this crime
What is burglary?
What is impossibility due to the death of a person necessary for performance?
What is strict scrutiny?
A lawyer contacts a person directly to convince them to hire the lawyer after a car accident. This is known as this prohibited practice.
What is solicitation? (Model Rule 7.3)
Name that type of business organization: Its owners are protected from liability, but they pay tax on the part of the business earnings that are distributed to them as dividends, and the business pays tax on the generated income.
What is a Corporation?
After being offered a concert ticket for $100, you respond, "I'll give you $80 instead." Rather than accepting, you've made one of these.
What is a counteroffer?
Alice picks Bob's pocket but drops the wallet before escaping. She has still committed this crime
What is larceny?
This Article of the Constitution creates Congress and grants it legislative powers.
What is Article I?
A client pays a lawyer $10,000 before work begins. The lawyer places the money into a personal checking account immediately. This is a problem under this rule.
What is safekeeping client property? (Model Rule 1.15)
When 2 or more business entities combine into one business entity
What is a Merger?
Taylor says, "I'll sell you my car for $5,000," but before you answer, Taylor changes their mind and takes the offer back. Taylor has done this to the offer.
What is revoked the offer?
Dave points a realistic toy gun at a cashier, who reasonably believes it's real and hands over money. Dave is guilty of this offense.
What is robbery?
The President vetoes a bill passed by both houses of Congress. The constitutional source of this power is found in this Article.
What is Article II?
A lawyer creates a fake online review praising their own firm. This conduct may violate the general misconduct rule.
What is conduct involving dishonesty, fraud, deceit, or misrepresentation? (Model Rule 8.4(c))
What type of Corporation am I: It contains a small number of stockholders, no ready market for corporate stock, and a substantial majority of stockholders' participation is in the management, direction, and operations of the corporation.
What is a Closely Held Corporation?
A famous singer agrees to perform at your wedding but breaks the contract. Because every singer is different, a court is unlikely to order the singer to perform due to this rule.
What is that courts will not order specific performance of personal services contracts?
A defendant voluntarily becomes intoxicated before committing a crime. This defense may negate this type of intent, but generally not crimes requiring only general intent.
What is specific intent?
A state law favoring in-state businesses over out-of-state competitors may violate this unwritten constitutional doctrine.
What is the Dormant Commerce Clause?
According to Rule 1.1, a lawyer shall provide competent representation to a client. What is the test for competent representation?
Hint: the acronym is Keep Soft Toilet Paper (KSTP)
What is Legal Knowledge, Skill, Thoroughness, and Preparation?
An action/lawsuit that is brought by a shareholder on behalf of the corporation to enforce the rights of the corporation
What is a Derivative Action?
A celebrity chef promises to cater your graduation party but dies before the event. Neither the chef nor the estate is required to perform because of this doctrine.
What is impossibility due to the death of a person necessary for performance?
Two people agree to rob a bank. Before they do anything else, one changes their mind and tells the other to forget it. At common law, the crime was already complete because of this element.
What is the agreement required for conspiracy?
Congress passes a statute authorizing the President to seize factories during a national emergency. The President later exercises that authority. Under Justice Jackson's concurrence in Youngstown, the President is acting in this category of executive power
What is Category One (the President acts with express or implied authorization from Congress)?
This is a special pooled, interest-bearing bank account used by law firms to hold nominal or short-term client funds such as retainers, settlement proceeds, or advance court costs that are separate from the firm's operating capital.
What is a Interest on Lawyers' Trust Accounts Account (IOLTA)?
Name that Duty: A partner has the duty to refrain from grossly negligent/reckless conduct, willful or intentional misconduct, or a knowing violation of law.
What is the Duty of Care?