Author: esquire
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Constitutional Law California Bar Exam Short Outline
CONSTITUIONAL LAW I. Jusiticiable Case or Controversy Standing (injury, causation, and redressibility) Associational Standing. Must show: (1) members would have standing to sue on their own; (2) interests are germane to the organization’s purpose; (3) no need for member participation Taxpayer Standing: (generally establishment clause) Must show: (1) enacted under Congress’s taxing and spending power;…
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Constitutional Law California Bar Exam Essay Openers
Constitutional Law – Opening Paragraphs Standing Article III provides that the federal courts only have jurisdiction where there is an actual case and controversy. Thus, in order to properly assert her claims in federal court, a plaintiff must have standing. There is standing where the plaintiff alleges (1) an actual or imminent injury, (2) which…
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Community Property California Bar Exam Short Outline
Community Property – Checklist Basic Presumptions [you MUST put this at the top of EVERY community property essay] California is a community property state. All property acquired during the marriage is presumed to be CP, while all property acquired before marriage or after permanent separation, or by gift or inheritance is presumed to be SP.…
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Community Property California Bar Exam Long Outline
COMMUNITY PROPERTY BASIC PRESUMPTIONS California is a community property state. All property acquired during the marriage is presumed to be CP, while all property acquired before marriage or after permanent separation, or by gift or inheritance is presumed to be SP. Property acquired in a SP state by either H or W before they became…
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Civil Procedure California Bar Exam Short Outline
Civil Procedure Does the court have authority to decide the dispute? Personal jurisdiction – exists where the forum has power over a particular D In personam jx.: exists where D is present and personally served with process, D is domiciled in the forum, D is a citizen of the forum; D consents to jx.; or…
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Civil Procedure California Bar Exam Long Outline
Civil procedure Personal Jurisdiction State long-arm statute Constitutional Analysis: D must have such minimum contacts with the forum so that the exercise of jurisdiction does not offend traditional notions of fair play and substantial justice. Contact (purposeful availment and foreseeability) Fairness (relatedness of contact and claim or substantial ties giving rise to general jurisdiction.; convenience…
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Wills Outline for the California Bar Exam
WILLS Intent – T must have intent to make a valid will – crts consider capacity, insane delusion, fraud, and undue influence Capacity At the time of execution, T must: Be 18 Be able to understand extent of her prop Know the natural objects of her bounty (spouse, issue, parents, and those whose interests are…
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Trusts Outline for the California Bar Exam
TRUSTS Private Express Trusts Defined – a fiduciary relationship w/respect to prop whereby one person, the trustee, holds legal title for the benefit of another, the beneficiary, and which arises out of a manifestation of intent to create a trust for legal purposes Elements – a valid trust requires (1) a settlor, (2) delivery, (3)…
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Torts Outline for the California Bar Exam
Intentional Torts Intent: (1) purpose to bring about a certain result OR (2) acting w/ substantial certainty that a certain result will occur. Transferred intent: applies where D intends to commit a tort against one person but instead: (1) commits diff tort against that person, (2) commits same tort as intended but against diff person,…
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Remedies Outline for the California Bar Exam
Generally GeneralApproach Determine area of substantive law. (may be more than one) Usually torts, property or contracts. Make sure plaintiff has a case and a relief is needed. Determine appropriate remedies (based on available remedies for that substantive area of law). Discuss legal remedies first Discuss restitutionary remedies Legal remedies Equitable remedies Discuss pure equitable…
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Real Property Outline for the California Bar Exam
Possessory Interests: Estates In Land Present possessory interests. Fee Simple absolute – “To A” or “To A and his heirs” Defeasible fees – estates that can terminate upon event happening Fee simple determinable – terminates upon the happening of a stated event and automatically reverts to the grantor “To A so long as/until/while” Potential for…
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Professional Responsibility Outline for the California Bar Exam
Duties generally: “Clients Love Fierce Counsel; Courts Feel Differently” To the Client Confidentiality Loyalty Financial Responsibility Competence To Court, Adversaries, Legal Profession, Third Parties, Public Candor/Truthfulness Fairness Dignity/Decorum The Duty of Confidentiality to the Client. Attorneys are prohibited from using or revealing anything related to the representation of a client w/o her consent. Scope –…
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Civil Procedure Outline for the California Bar Exam
I. DOES THE CT HAVE AUTHORITY TO DECIDE THE DISPUTE? A. Does the Ct Have Authority Over the Parties? 1. Personal Jurisdiction – Can P sue D in this STATE? 2 Step Process Satisfy a statute (i.e. long arm statute); AND Satisfy Constitution. Traditional Assertion of jurisdiction. – Contact b/n D and forum state Domicile…
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Evidence Outline for the California Bar Exam
FORM Leading Question – Q’s which suggest an answer. Direct examination – not allowed except as to preliminary matters. Cross examination – allowed. Also allowed if a witness is frail or unable to answer due to physical infirmity, or when a witness is hostile. Misleading Question – cannot be answered w/o making an unintended admission.…
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Criminal Procedure Outline for the California Bar Exam
Exclusionary Rule Rule: Prohibits introduction of evidence obtained in violation of a federal statute or constitutional rights. (4th, 5th, 6th A rights) against victim of illegal search or coerced confession Inapplicable to grand juries (grand jury W may be compelled to testify based on illegal evidence), civil cases, and parole hearings. Exceptions (ER does not…
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Criminal Law Outline for the California Bar Exam
Elements of a crime Actus Reus – a voluntary act or omission where there is a duty to act. Act (any bodily movement) must be voluntary: Some bodily movements don’t qualify for crim liability: Conduct not product of your own volition (i.e. reflexive acts such as seizure) Acts performed while unconscious or asleep Omission –…
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Corporations Outline for the California Bar Exam
Organization and Formation Pre-Incorporation Contracts Promoter = Person acting on behalf of unformed corp A fiduciaryof the corp – duty of fair disclosure and good faith Secret profit rule. – Promoter cannot make a secret profit on her dealings with the corp. Disclosure to corp is a defense. Sale of prop acquired before becoming P…
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Contracts Outline for the California Bar Exam
APPLICABLE LAW: CL v. U.C.C. UCC governs sale of goods. Goods = movable objects. UCC has special rules if both parties are merchants. Merchants = those who regularly deal in the particular goods. Common law – any K’s not governed by UCC are governed by CL (i.e. service K, real estate K) Mixed Goods/Services Test:…
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Constitutional Law for the California Bar Exam
AUTHORITY OF FEDERAL COURTS –FEDERAL JUDICIAL POWER Article III – FJP extends to cases and controversies – no advisory opinions JusticiabilityRequirements Standing (stake in the controversy) Elements Injury Must be personally suffered P’s rights have been impaired or imminently will be There is a clear threat of prosecution if P fails to comply Injunctive/declaratory relief…
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Community Property for the California Bar Exam
Basic Principles – “CA is a community property state. In CA, there is a CP presumption that all assets acquired during the marriage are presumptively CP. There are some areas of SP: property owned by either spouse before marriage, property acquired during marriage by gift, will, or inheritance, property acquired during marriage with the expenditure…