Category: Attack Sheet
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Contracts Attack Sheet for the California Bar Exam
What is the APPLICABLE LAW? The UCC governs the sale of goods, with applicable rules also applying to merchants. The Common Law are majority rules governing contracts other than the sale of goods. Mixed contracts are determined by the more important part of the deal, except divided contracts in which both UCC and common law…
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Wills & Trusts Crib Sheet for the California Bar Exam
EXECUTION OF WILLS Attested: Requires (i) writing; (ii) signed by T; (iii) in presence of two Ws; (iv) W’s sign will understanding that instrument is T’s will. In CA: W’s don’t have to sign in presence of ea other or in presence of T. T doesn’t have to publish that this is his will. Ts…
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Wills & Trusts Attack Sheet for the California Bar Exam
WILLS – ROADMAP Execution of Wills Attested Wills: (1) in writing (2) signed by T (3) in presence of 2 witnesses (4) who also sign Holographic Wills: (1) signed by T, (2) material provisions in T’s own handwriting Extrinsic evidence is admissible to determine T’s intent Date issues: inconsistent provisions, capacity Enforcement of Wills Incapacity…
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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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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 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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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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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…