Category: California Bar Exam
-
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…
-
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.…
-
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…
-
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 –…
-
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…
-
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:…
-
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…
-
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…
-
California Civil Procedure for the California Bar Exam
CALIFORNIA CIVIL PROCEDURE I. DOES THE CT HAVE AUTHORITY TO DECIDE THE DISPUTE? A. Does the Ct Have Authority Over the Parties? Personal Jurisdiction – Can P sue D in CA? 2 Step Process Satisfy a statute (i.e. long arm statute); AND Satisfy Constitution. Traditional Assertion of jurisdiction. – Contact b/n D and CA Domicile…
-
Agency & Partnership for the California Bar Exam
AGENCY Liability of Principal for Agent’s Actions Liability for Torts of Agent Issue = whether the principal will be vicariously liable for torts committed by agent Two Part Test – principal will be liable for torts committed by agent if: (1) there is a principal-agent relationship, and (2) the tort was committed by the agent…
-
Contracts Outline: The UCC and Restatement Second of Contracts
Essential Supplements for Success in 1L Contracts: Contracts: Aspen Roadmap Law Course Outline (Aspen Roadmap Law Course Outlines) Emanuel Law Outlines: Contracts, Tenth Edition Contracts Generally When analyzing contractual issues you must first examine whether the contract is covered under the Uniform Commercial Code (UCC) or the Restatement Second of Contracts. The UCC will cover…