BA
What are the three elements to form an agency relationship?
What are Assent, Benefit, and Control?
What are the two bases for federal subject matter jurisdiction?
What are Federal Question and Diversity?
What is the presumption about property acquired during marriage?
That it is community property.
What level of scrutiny applies to a law involving race?
Strict scrutiny.
What are the elements of contract formation?
Offer, acceptance, and consideration.
When is a principal liable for an agent's torts?
When the agent is an employee and the tort was committed within the scope of employment.
What does a court need to exercise personal jurisdiction?
Minimum contacts and it must not offend traditional notions of fair play and substantial justice.
What qualifies as separate property?
Property acquired before marriage, after permanent separation, or by gift/inheritance.
What are the elements of strict scrutiny?
The law must be narrowly tailored to achieve a compelling government interest.
What is the statute of frauds?
A rule requiring certain contracts to be in writing to be enforceable.
What is the difference between actual and apparent authority?
Actual authority is based on communications between principal and agent; apparent authority is based on communications between principal and third party.
What rule determines whether a federal court applies state or federal law?
What is the Erie Doctrine?
What is quasi-community property?
Property acquired in another state that would be community property if acquired in California.
What is the state action doctrine?
Constitutional protections apply only to government conduct, not private.
What is the difference between a material and minor breach?
A material breach excuses performance; a minor breach does not.
What are two ways a principal can ratify an agent’s act?
By express approval or by accepting the benefits with knowledge of the material facts.
What is required to certify a class action?
Numerosity, Commonality, Typicality, and Adequacy.
In business profits, when is the Pereira method used?
When the increase is due to the spouse's labor or effort.
What level of scrutiny applies to gender classifications?
Intermediate scrutiny.
What are the requirements for promissory estoppel?
A promise, reasonable reliance, and injustice without enforcement.
Name one situation where a principal is liable for an independent contractor’s tort.
When the principal hires them for a non-delegable duty or is negligent in hiring/supervising.
What is the standard for summary judgment?
No genuine dispute of material fact and entitled to judgment as a matter of law.
What are two methods used to trace separate property in commingled accounts?
Direct tracing and exhaustion method.
What does the First Amendment protect regarding speech?
It protects against content-based restrictions unless they pass strict scrutiny.
When can a third-party beneficiary enforce a contract?
When they are an intended beneficiary.