- Study guides, Class notes & Summaries

Contracts - General Issues - correct answer Applicable law Formation of contracts Terms of contract Performance Remedies for unexcused nonperformance Excuse of nonperformance Third-party problems Unilateral Contract - correct answer results from an offer that EXPRESSLY REQUIRES performance as the ONLY POSSIBLE METHOD OF ACCEPTANCE Bilateral Contract - correct answer ALL other offe...

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33 pages

Written in 2024/2025

Grade A+

RealGrades

There are generally 8 requirements for a valid marriage: - correct answer 1) mental capacity 2) neither party can be married to someone else 3) age requirement(s) 4) unrelated parties (incest provisions) 5) knowing and voluntary consent 6) parties to different sexes 7) procedural requirements met 8) marriage solemnized mental capacity - correct answer You can be incompetent for other purposes but nevertheless compete...

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17 pages

Written in 2024/2025

Grade A+

RealGrades

Will Formalities - correct answer 1) T must be 18 or over 2) Instrument must be executed with testamentary intent (so sham instruments will not be given effect) 3) T must sign will (any mark → initials, "X" will serve as signature; also, signature may be another person at T's direction, in T's presence) 4) 2 attesting witnesses who witness T's signing (OR, T;s acknowledgement of previous signature or will) What happens if a portion of the...

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8 pages

Written in 2024/2025

Grade A+

RealGrades

Case - correct answer A proceeding action, cause, suit, lawsuit, or controversy initiated through the court system by filing a complaint, petition, indictment or information Jurisprudence - correct answer Philosophy of law or the division of law Defendant - correct answer A person who is accused by another in a law court. Attorney-at-law - correct answer ...

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8 pages

Written in 2024/2025

Grade A+

RealGrades

Who has the power to declare war? - correct answer Congress Who has the power to print and coin money? - correct answer Congress Who is the commander in chief of the U.S. military forces? - correct answer President What is the length of a term of office for members of the United States Senate? - correct answer Six Years What is the length of a te...

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2 pages

Written in 2024/2025

Grade A+

RealGrades

Plantiff - correct answer Party that files the case in a Civil Case Defendant - correct answer The party that responds to both a Civil and Criminal Case Prosecutor - correct answer The party that files the case in a Criminal Case Issue in Civil - correct answer Caused harm & rights Issue in Criminal - correct answer ...

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2 pages

Written in 2024/2025

Grade A+

RealGrades

Trust - correct answer an arrangement under which the trustee holds legal title to property for the benefit of the beneficiaries Requisites of a Trust - correct answer 1) Creator (settlor) 2) delivers 3) legal title of trust assets (the res) 4) to trustee 5) for the benefit of beneficiaries 6) with INTENT to create a trust 7) for a valid purpose delivery - correct answer -requirem...

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12 pages

Written in 2024/2025

Grade A+

RealGrades

Admin Fed Formal Adjudication - correct answer Agency must give notice in a reasonable time containing time, place, and nature of the hearing, the legal authority and jurisdiction for the hearing, and the matters of fact and law asserted. (+ admissibility of evidence, right to cross examine, unbiased decisionmaker). Final order must be in writing with enough sufficient findings to permit review by the courts. Admin Oregon Rulemaking - correct answer ...

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18 pages

Written in 2024/2025

Grade A+

RealGrades

Two Types of Estates: - correct answer Freehold Leasehold The 4 types of Freehold Estates: - correct answer 1) life estate → the right to possess for your life or someone else's 2) fee tail 3) fee simple absolute → all the rights one can possess 4) defeasible fees → an interest with a future interest attached An Estate's Distinguishing Characteristics: - correct answer 1...

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48 pages

Written in 2024/2025

Grade A+

RealGrades

Prima Facie for Intentional Torts - correct answer Act: any volitional movement Intent: either with substantial certainty, transferred intent, or standard intent Causation: defendant's act was a substantial factor in bringing about the result Prima Facie Battery - correct answer 1. Harmful/Offense contact -unpermitted contact 2. With plaintiff's person -anything connected to the plaintiff 3) intent on the part of ...

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15 pages

Written in 2024/2025

Grade A+

RealGrades

promoters - correct answer -persons acting on behalf of a corporation not yet formed -promoters are liable until NOVATION -promoters are FIDUCIARIES -promoters cannot make a secret profit on their dealings with the corporation Who is liable when a promoter enters into a contract before the corporation is formed? - correct answer -the CORPORATION becomes liable on a promoter's pre-incorporation contract when the corpor...

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11 pages

Written in 2024/2025

Grade A+

RealGrades

A Solicitor v Council of the Law Society of NSW - correct answer Facts Solicitor committed 4 acts of indecent assault against daughters of partner. Complaint made in relation to 2 acts. Solicitor admitted 2 acts and informed police about the other 2 acts. Alleged conduct occurred as a result of being made redundant and his father ill health. Immediately sought medical help. Had the support of partner, children and medical practitioners. I further complaint w...

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12 pages

Written in 2024/2025

Grade A+

RealGrades

Contact for Personal Jurisdiction - correct answer There must be relevant contact between D and the forum state. There are two factors to address: (1) The contact must result from PURPOSEFUL AVAILMENT; and (2)FORESEEABILITY: It must be foreseeable that the D could get sued in the forum. Relatedness for Personal Jurisidiction - correct answer Relatedness between this contact and P's claim. (1) General PJ; or, ...

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16 pages

Written in 2024/2025

Grade A+

RealGrades

Bailey v Commissioner of Taxation - correct answer Part 15 Particulars - Purpose is to confine issues, refine pleadings and avoid surprise. General Steel Industries Inc v Comm. for Railways - correct answer UCPR 13.4 - no cause of action "so obviously untenable that it could not possibly succeed" R v Kneebone - correct answer Duty of the Crown to call all witness available who ...

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17 pages

Written in 2024/2025

Grade A+

RealGrades

a constitution - correct answer the principle, structure and laws to set up and support the gov. Things we can and can't do. Stays in check by the people and protects from tyranny/ total power. Constitution - correct answer The united states constitution Preamble - correct answer The opening paragraph of the Constitution and tells what founding fathers set to do. Structure of what we...

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12 pages

Written in 2024/2025

Grade A+

RealGrades