Conflicts of Law
When will the recognizing state enforce the rendering state's judgment?
if the full faith and credit clause is satisfied
final judgment, judgment on the merits, and rendering state had jurisdiction
Olnek bought an Iphone on credit from T-Mobile with a security interest attached. If Emily buys the Iphone from Olnek at Olnek's yearly yard sale, does Emily take the Iphone free of the security interest?
Emily will take free of the security interest IF:
T-mobile authorized the sale OR
consumer to consumer sale - YES (gives value, no knowledge of SI, consumer good use in both hands, & no FS filed)
ordinary buyer in the course of business - NO
What is the difference between general power v special power of appointment?
special = limited to certain class; donee cannot devise how they want
Maggie executes a will leaving 200 shares of almond mom stock to her mother. At maggie's death, the shares are now worth 500. Does Mag's mom receive 200 or 500 of the stock share?
Mom will receive 500 stock shares unless stated otherwise in the will.
common law marriage requirements
(1) consent to marry, (2) cohabitation, (3) couple holding themselves out publicly as spouses
NOTE: abolished in most states, but if valid CLM formed under laws of one state, it will be regarded as valid in other states
What are the defenses to full faith and credit?
penal judgment = sued by the state
extrinsic fraud = outside the control of the hurt party
The debtor (a gym) gives a creditor a security interest with a security agreement description of “all of the debtor’s equipment, now owned or later acquired.” The creditor then files a financing statement describing the collateral as “equipment.” The debtor later acquires a treadmill for use in the gym. Is the security interest in the treadmill perfected?
Yes. The creditor’s security interest would attach to the treadmill under the after-acquired property clause, and the security interest would be perfected because the description in the financing statement of “equipment” is broad enough to cover the treadmill.
When can a beneficiary modify a trust?
what is ademption by extinction and ademption by satisfaction?
ademption by extinction: gift fails because property is no longer in T's estate (applies only to specific devises and bequests). EXCEPTIONS: replacement property, condemnation or insurance award, or B may be entitled to proceeds from sale/balance of purchase price
ademption by satisfaction: beneficiary receives gifted property before T's death. Most states require a writing.
Name the ways a marriage will be VOID then name the ways a marriage will be voidable...
VOID = bigamy or consanguinity
voidABLE = incapacity, minor, duress, fraud, cant get it up or the water isnt flowing
What does the Vested Analysis, Interest analysis, and the Second Restatement approach require for Torts?
IA = which state is most interested in the issue (usually apply the forum state)
SR= place of injury, place of conduct, domicile of parties and where the relationship centers
When will a secured party take priority over a PRIOR real estate interest?
the secured party must file a fixture filing within 20 days of the fixtures becoming apart of the real property. if not, the prior real estate interest takes.
5 elements of trust validity
intent, identifiable corpus, ascertainable beneficiaries, proper purpose, formalities and mechanics
What does Cy pres call for and when does it apply?
Cy pres applies to a charitable purpose and the court will distribute the trust assets to a charity closely to the testator's intent if unable to apply it directly.
Describe the different types of defenses to fault divorces.
collusion = spouses agree to simulate a fault
connivance = consented to adultery (swingers)
condonation = forgave your spouse and moved on, cannot bring up the past now
recrimination = both spouses have unclean hands
Roger obtains a default judgment against Jesse in a Nevada state court. He then attempts to enforce the judgment in Missouri. Personal jurisdiction is supported by Nevada’s long arm statute, but not by Missouri’s long arm statute. Can Jesse resist enforcement of the Nevada judgment using requirement #1?
No, because jurisdiction was proper according to the law of the rendering state.
Bank extends credit to D, a hog farmer, and obtains a security interest in D’s hogs. The security agreement provides that D would not sell the hogs without written consent of the bank. Despite this provision, the bank acquiesced in over 100 sales of these hogs over a 5-year period. Were these sales authorized?
Yes, most likely. A written consent requirement can be waived. This is authorization by acquiescence.
what are some duties of a trustee?
duty of loyalty (avoid self-dealing), administer trust according to its terms, keep records, render accountings, must earmark trust property, no commingling, prudent investor rule (invest in the same manner as a prudent investor)
what does an anti-lapse statute do?
prevents lapse by substituting descendants of predeceased beneficiary (most statutes require D to be related to T, or specify a specific type of relationship)
Which kind(s) of spousal support continues after the death of the payor?
lump sum and reimbursement spousal support are contract rights so the payor's estate will have to pay.
Laura sues George for divorce in Pennsylvania, and the court there enters a divorce decree that includes $1,000 in modifiable alimony payments. George then moves to California, and Laura files a suit there and seeks to have the Pennsylvania decree recognized and enforced. What is the result?
Laura sues George for divorce in Pennsylvania, and the court there enters a divorce decree that includes $1,000 in modifiable alimony payments. George then moves to California, and Laura files a suit there and seeks to have the Pennsylvania decree recognized and enforced. What is the result?
Octavius gives VLGS a security interest in his unpurchased mansion. VLGS files a security agreement for the mansion naming Octavia Spencer as the debtor. Octavius signs another security agreement with the bank for the mansion. Bank files an accurate security agreement and financing statement. who has priority?
An inaccurate security agreement will invalidate any subsequent modes of perfection if the inaccuracy is seriously misleading. Octavius will not be found under Octavia Spencer or vice versa. thus, the bank has priority.
when will the court terminate or modify a trust?
trust's purpose is accomplished, illegal, or impossible
unanticipated circumstances, value of trust too low, some states will allow court to modify if beneficiary shows mistake by clear and convincing evidence
What is the doctrine of dependent relative revocation?
The testator destroyed Will 1 then executed Will 2 but Will 2 was not witnessed (not executed properly). Will 1 is controlling if Will 1 has similar provisions as Will 2. if the wills have different provision it IS NOT presumed that will 1 can control. this doctrine attempts to defeat intestacy.
(8.8 in the book and p.401)
After 22 years of marriage, parties divorce due to husband’s adultery. He earns over $60,000 per year. Wife has been a homemaker, but recently got her bachelor’s degree and began a job as a teaching assistant making $22,000. She wants to get her master’s degree so she can make more money. What should the court consider in awarding support?
What type, what amount, what duration?
Rehabilitative to get master’s degree; consider permanent periodic or lump sum because of the length of the marriage and contributions as a homemaker. In some jurisdictions, the husband’s adultery may be considered.