Author: esquire
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Trusts on the California Bar Exam
TRUSTS Private Express Trust: A fiduciary relationship with respect to property whereby one person, the trustee, hold legal title for the benefit of another, the beneficiary, and which arises out of a manifestation of intent to create it for a legal purpose. Trust property: any presently existing interest in property that can be transferred can…
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Torts Outline for the California Bar Exam
Torts I. Intentional Torts Basics Two Steps: (1) identify the elements that a P needs to get to the jury, and (2) identify the affirmative defenses that the D can use. Prima Facie Case (generally): Act by the defendant (voluntary movement) With the specific (goal oriented) or general (knows w/ substantial certainty) intent to effect…
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Torts Attack Sheet for the California Bar Exam
TORTS Structure for an answer General Considerations Plaintiff is suing Defendant for X To establish a prima facie case for X, Plaintiff must prove… Here, Plaintiff will show…[analyze each element] Conclusion Defenses Problem Solving Approach I. General Considerations Vicarious liability Joint liability Survival Actions Wrongful death Immunities II. Intentional Torts Assault Battery False Imprisonment IIED…
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Remedies Outline Attack Sheet for the California Bar Exam
Remedies Tort Remedies DAMAGES Compensatory Damages: Plaintiff is entitled to compensatory damages to put her in the position she would have been had the wrong not occurred. Must show: Causation: “But for…” Foreseeability: The injury must been foreseeable at the time of the tortuous act Certainty: The damages cannot be too speculative. Applies to economic…
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Real Property Long Outline for the California Bar Exam
Real property I. freehold estates Present Possessory Estates Estate Language to Create Duration Transferability Future Interest Notes Fee simple absolute “To A and his heirs” “To A” Absolute ownership, of potentially infinite duration. Devisable (transferable by will), descendibile (transferable by statutes of intestacy if its holder dies w/out a will), alienable (transferable during life). None.…
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Real Property Essay Openers for the California Bar Exam
Real Property – Opening Paragraphs Landlord-Tenant Relationships Tenancy for Years A tenancy for years is a tenancy that continues for a fixed period of time. A tenancy for a period greater than one year comes under the statute of frauds, and thus must be in writing, signed by the party to be charged, to be…
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Landlord Tenant Law for the California Bar Exam
Landlord-Tenant Nature of the leasehold Tenancy for years Periodic tenancy Tenancy at will Tenancy at sufferance Assignment or sublease: By tenant: absent an express restriction in the lease, a tenant may freely transfer his leasehold interest. Assignment – An assignment occurs when the assignor assigns his entire interest under the lease to another. The assignee…
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Professional Responsibility Attack Sheet for the California Bar Exam
PROFESSIONAL RESPONSIBILITY Method: (1) identify the duty; (2) identify the breach; (3) identify what the lawyer should have done. Duties to the Client The duty of loyalty: The atty must exercise her professional judgment solely for the benefit of the client, free of compromising influences and loyalties. Concurrent Conflicts: An atty must not represent two…
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Performance Test Attack Sheet for the California Bar Exam
Performance Test – Methodology A 85 min (2-3:25) 5 min (3:25-3:30) 90 min (3:30-5) pproach Read general directions Read task memo Outline task memo Tear out task memo Read the library; put key words in the TOC Read the file; put key words in the TOC Re-focus on the big picture Write your answer…
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Evidence on the California Bar Exam Long Outline
EVIDENCE I. Relevance Two-Step Inquiry Is the evidence relevant (tends to prove or disprove a material fact)? General Rule: evidence that has any tendency to make a material fact more probable or less probable than it would be without the evidence it’s relevant (logical relevance), but evidence must relate to the time, event, or person…
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Evidence Attack Sheet for the California Bar Exam
Is The Evidence Admissible? Proper form? Leading? Proper purpose? Logical relevance – must tend to prove or disprove a material issue in dispute. Remember similar happenings. Legal relevance – should relevant evidence nonetheless be excluded? Judicial Discretion: probative value substantially outweighs risk of unfair prejudice, confusing the issues, wasting time, misleading the jury. Public Policy:…
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Crim Pro Outline for the Cal Bar Exam
criminal PROCEDURE I. Exclusionary Rule The Rule: A judge-made doctrine that prohibits the introduction of evidence obtained in violation of a defendant’s 4th, 5th, or 6th Am rights. Under the rule, illegally obtained evidence is inadmissible at trial, and all “fruit of the poisonous tree” must also be excluded. Limitations Does not apply to the…
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Criminal Law Attack Sheet for the California Bar Exam
CRIMINAL LAW Accomplice Liability: One who, with the intent that the crime be committed, aids, counsels, or encourages another in the commission of a crime is deemed a party to the crime, and thus may be held guilty of the criminal offense. Inchoate Offenses Solicitation: (1) asking someone to commit a crime (2) with the…
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Criminal Law Outline for the California Bar Exam
criminal law I. Jurisdiction and General Matters Jurisdiction Generally a state has jx. over a crime if that sate is the legal situs of the crime. Either the conduct happened there or the result happened there. More than one state may have jx. over a single crime. Crimes of omission – jx. lies where the…
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Corporations Essay Openers for California Bar Exam
Corporations – Opening Paragraphs Organization De Jure Corporation In order to form a valid corporation, one or more incorporators must file articles of incorporation with the Secretary of State. When the Secretary accepts the Articles, a de jure corporation is formed. The articles of incorporation must also state the corporation’s purpose. At common law, where…
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Attack Sheet for California Bar Exam Corporations
CORPORATIONS ATTACK ORGANIZATION OF CORPORATION Formation Requirements (people + paper + act) One or more incorporators + articles of incorporation (K b/w corp & SH, corp & state) + filing Legal Significance Internal Affairs Doctrine: internal affairs of corp are governed by the law of the state of incorp Limited Liability: D&Os not personally liable…
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Corporations California Bar Exam Outline
CORPORATIONS Organization of corporation Formation requirements: people, paper, act Ultra vires activities De Jure Corporation: acceptance of Articles by the Secretary of State De Facto: good faith attempt to comply with the inc. statute. Corporation by Estoppel: one dealing w/ a business as a corp. may be estopped from denying the business’s corp. status. Promoters…
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UCC Contracts California Bar Exam Outline
CONTRACTS Which law governs? UCC if sale of goods “substantial part.” Merchant or non-merchant? Formation of Contract Offer – requires (1) an expression of a promise, undertaking or commitment to enter a contract, (2) certainty and definiteness of terms, and (3) communication to an identified offeree. Output Ks are valid (where seller commits to sell…
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Common Law Contracts California Bar Exam Outline
CONTRACTS Which law governs? If CL… Formation of Contract Offer – requires (1) an expression of a promise, undertaking or commitment to enter a contract, (2) certainty and definiteness of terms, and (3) communication to an identified offeree. Is the offer still alive? Lapse of time Rejection by offeree (counter; conditional acceptance; additional terms) Revocation…
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Contracts California Bar Exam Long Outline
CONTRACTS I. fORMATION Did the parties form an agreement? Three-Elements Mutual assent(offer and acceptance) Consideration(bargained for legal detriment)or a substitute; and No defensesto formation Mutual Assent (offer and acceptance) Offer: (i) an expression of promise, undertaking or commitment to enter into a contract; (ii) definite and certain in its terms, and (iii) communicated to the…