Wills & Estates
This allows a surviving spouse to override the will and claim a statutory portion of the estate.
What is the elective share?
This rule protects directors from liability if they acted in good faith, with due care, and in the best interest of the corporation.
What is the business judgment rule?
This constitutional protection requires law enforcement to give warnings before custodial interrogation.
What is Miranda?
This doctrine prevents Congress from commandeering state governments to enforce federal law.
What is the anti-commandeering doctrine?
This arises when a third party reasonably believes an agent has authority based on the principal’s conduct.
What is apparent authority?
This doctrine allows a court to disregard a revocation of a will if the testator would not have revoked it but for a mistaken belief that a new disposition would be effective.
What is the doctrine of dependent relative revocation?
This occurs when a shareholder sues on behalf of the corporation to enforce a corporate right.
What is a derivative lawsuit?
This test allows a stop and frisk if police have reasonable suspicion based on articulable facts.
What is the Terry stop standard?
This requires that a government classification be necessary to achieve a compelling state interest.
What is strict scrutiny?
This relationship is formed when there is Assent by both parties, the agent acts for the Benefit of the principal, and the principal exercises Control over the agent’s actions.
What are the elements of agency (ABC: Assent, Benefit, Control)?
This is the failure of a specific bequest because the item is no longer in the testator’s estate.
What is ademption?
This duty prohibits directors from engaging in self-dealing without full disclosure and approval.
What is the duty of loyalty?
This exception to the exclusionary rule permits admission of illegally obtained evidence when the connection between the unconstitutional act and the evidence is sufficiently weakened by time or intervening circumstances.
What is the attenuation doctrine?
This gives Congress authority to regulate interstate commerce that substantially affects the economy.
What is the Commerce Clause?
This occurs when one partner leaves, and the partnership either dissolves or continues with a buyout.
What is dissociation?
This occurs when two beneficiaries die simultaneously and there’s no clear evidence who died first.
What is the Uniform Simultaneous Death Act?
This doctrine allows a court to disregard the corporate form to prevent fraud or injustice. Then the court applies the X: whether the corporation was used as a mere instrument or alter ego of the shareholders — meaning it had no independent will or existence OR Y: whether there was a lack of separation between the individual and the corporation — such as commingled funds, failure to follow corporate formalities, or shared personnel
What is piercing the corporate veil, mere instrumentality, and unities test?
This exception allows evidence if it would have been discovered lawfully anyway.
What is the inevitable discovery doctrine?
This doctrine requires that a litigant have a personal stake in the outcome of the case and requires (1) injury, (2) causation, (3) redressability.
What is standing?
This form of business provides limited liability to all partners and requires a formal filing with the state.
What is a limited liability partnership (LLP)?
This remedy is imposed when someone acquires property through fraud or undue influence in violation of a decedent’s intent.
What is a constructive trust?
This rule requires that notice of a X be given to each director, typically at least two days in advance, by means such as personal delivery, mail, email, or other agreed-upon method; failure to give proper notice renders actions void unless waived.
What is the notice requirement for special board meetings?
This rule excludes testimonial hearsay from unavailable witnesses unless the defendant had a prior opportunity to cross-examine.
What is the Confrontation Clause?
This prevents a law from being applied retroactively to criminalize conduct that was legal when done.
What is the Ex Post Facto Clause?
This imposes joint and several liability for wrongful acts of a partner committed in the course of business.
What is partnership tort liability?