Category: California Bar Exam
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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…
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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 –…