Corporations, Partnerships, Agencies
What do you need to from an agency relationship (3 factors)?
What is Assent, Benefit, and Control (ABC)
What are the two quasi-suspect class? (Bonus: and whats the standard of review)
What is Gender and legitimacy (intermediate scrutiny)
Who can authenticate handwriting?
What is 1) expert or 2) testimony by a non-expert with personal knowledge that was not acquired for litigation purposes
How to waive subject-matter jurisdiction?
What is the future interest held in a Fee simple subject to condition subsequent?
What is Grantor’s right of reentry
What are the voting requirements for a board of directors' vote/ act to be valid (unless the bylaws provide otherwise)?
What is a quorum of majority of directors be present (unless the bylaws provide otherwise)] and then the assent of a majority of the directors present when the vote takes place.
What are the three things Congress can regulate under the Commerce Clause?
What is 1) Channels and 2) instrumentalities of interstate commerce and 3) intrastate activities that substantially affect interstate commerce.
When must a jury accept the facts of a judicial notice as conclusive?
What is civil proceeding
What is the best method of discovery for getting information from a non-party?
What is a deposition
What are the four unities for joint tenancy? (Bonus: what is the extra one for Tenancy by the entirety)
What is 1) Possession – equal right to possess the entire property 2) Interest – undivided and equal shares in the property 3) Time – interests created at the same time (unity of time) 4) Title – interests created in the same instrument (Bonus: married)
How do you form a Limited Liability Partnership (two main components)?
What is filing (a statement of qualification) with the state and add "LPP" (or something to the effect) to the end of the name.
How does a president get impeached?
What is the House of Representatives may impeach (i.e., bring charges against) by a majority vote; The Senate then tries the impeached official and can convict by a two-thirds vote.
What can the prosecution do when the defendant brings in evidence of victim’s pertinent trait (two things)?
What is 1) Evidence of defendant’s bad character and 2) Evidence of defendant’s bad character or victim’s good character
How many days do you have to respond to an AMENDED pleading?
What is 14 days
Name all 6 covenants of TITLE?
What is 1) Seisin 2) Right to convey 3) Against encumbrances 4) Warranty 5) Quiet enjoyment 6) Further assurance
What are the three ways to violate the duty of loyalty as a director (bonus: name the 3 violations for partnership that are basically the same except for one)?
What is (1) engages in a conflict-of-interest transaction with the corporation [or adverse with the partnership] (2) usurps a corporate [or partnership opportunity] or (3) competes with the corporation [or partnership]
What are the three exceptions to the dormant commerce clause (like if it fails strict scrutiny or undue burden test)?
What is 1) State is acting as a market participant (i.e., buyer or seller) not a market regulator, 2) It is unmistakably clear that Congress permitted the state law, or 3) State is performing a traditional government function
What are the three factors for the business record exception?
1) The record was kept in the course of regular business activity 2)Making the record was a regular practice and 3) The record was made at or near the time by someone with knowledge
Under the Class Action Fairness Act, how many plaintiffs are needed?
What is 100 plaintiffs [and $5 mil amount in controversy)
What are the 5 requirements for a real covenants to run with the land?
What is 1) Writing 2) Intent 3) Touch and concern 4) Notice (burden only) 5) Privity
What are the three safe harbor provisions that can protect a conflict-of-interest transaction of a board of director?
What is 1) Disclosure of all material facts to, and approval by a majority of, the directors who do not have a conflicting interest, 2)Disclosure of all material facts to, and approval by a majority of, the votes entitled to be cast by the shareholders who do not have a conflicting interest, and 3) Fairness of the transaction to the corporation at the time the transaction commences
What is the standard of review for a content-neutral restriction on speech (time, place, manner) in a traditional or designated public forum and what are the three factors?
What is Intermediate scrutiny: impermissible unless: 1) it is narrowly tailored to 2) a substantial government interest and 3) leaves open alternative channels of communication
Which is the one privilege that is not recognized by the federal courts.
What is Physician-Patient Privilege?
What is needed for due process x personam jurisdiction (if theres no consent, domicile, or voluntary presence)?
What is [besides another basis for in personam jurisdiction exists] a nonresident defendant has sufficient minimum contacts with the forum state such that maintaining the action does not offend traditional notions of fair play and substantial justice.
When is there a statutory rights of redemption during foreclosure?
What is during the statutory period AFTER the foreclosure sale