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What is the standard for personal jurisdiction under the Due Process Clause?
✔✔Minimum contacts with the forum state such that the exercise of jurisdiction does not offend
traditional notions of fair play and substantial justice.
What are the elements of a valid contract?
✔✔Offer, acceptance, consideration, and no defenses to formation.
When does a third-party beneficiary acquire rights under a contract?
✔✔When the beneficiary’s rights vest through reliance, assent, or when performance becomes
due.
What duty of care does a general partner owe the partnership?
✔✔The duty to act with the care of a reasonably prudent person in a similar position under
similar circumstances.
What is required for a will to be valid?
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,✔✔Testator must have testamentary intent and capacity, and the will must be executed in
compliance with statutory formalities (e.g., writing, signed, witnessed).
What is the business judgment rule?
✔✔A presumption that corporate directors act on an informed basis, in good faith, and in the
honest belief their actions are in the best interest of the company.
What is a common law battery?
✔✔Intentional harmful or offensive contact with another person without consent.
What is the rule regarding anticipatory repudiation?
✔✔If one party unequivocally indicates they will not perform before performance is due, the
other party may treat the contract as breached and sue immediately.
What are the elements of negligence?
✔✔Duty, breach, causation (actual and proximate), and damages.
What makes a trust valid?
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,✔✔Intent, a trustee, a beneficiary, trust property (res), and a lawful purpose.
When can specific performance be granted as a contract remedy?
✔✔When monetary damages are inadequate and the contract terms are definite and enforceable.
What is required for adverse possession?
✔✔Continuous, open and notorious, exclusive, actual, and hostile possession for the statutory
period.
What are the Miranda rights triggered by?
✔✔Custodial interrogation by law enforcement.
What is a nonmarital (separate) property in a divorce?
✔✔Property acquired before marriage, by gift or inheritance, or excluded by agreement.
What is the effect of a revocable trust on probate?
✔✔Assets in a valid revocable trust avoid probate and pass according to the trust terms.
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, What is the rule for hearsay exceptions when the declarant is unavailable?
✔✔Statements against interest, dying declarations, and former testimony given under oath are
admissible.
When is strict scrutiny applied under Equal Protection?
✔✔When a law discriminates based on race, national origin, or infringes on a fundamental right.
What is a holder in due course in negotiable instruments law?
✔✔One who takes an instrument for value, in good faith, and without notice of any defects.
What duty does a trustee owe to beneficiaries?
✔✔Duties of loyalty, care, prudence, and impartiality.
What happens if a contract violates the statute of frauds?
✔✔It is unenforceable unless an exception applies, such as part performance or promissory
estoppel.
What are the constitutional requirements for a valid search warrant?
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