What are the real defenses that can screw over an HDC?
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MADFIFI
MA: material alteration (change in terms of instrument)
D: duress
FIF: fraud in factum
I4: incapacity, illegality, infancy, insolvency
Quasimodo is a recent Columbia Law grad who is without employment. He can live
off his trust fund for a while, so he figures the best course of action is to start
representing people for free to build a reputation. Quasimodo starts calling 20
random Manhattanites per hour offering to represent them in any legal matter for
free. Result?
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, A lawyer who volunteers to represent someone without a fee is not subject
to dscipline for solicitation.
What are the consequences for P, when P uses a provisional remedy and D wins?
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P must indemnify D for any and all costs if D wins
When is an agent liable in contract?
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When the principal is undisclosed, either partially or fully. Partially:
existence is known, but identity is not.
T, trustee is a very wealthy individual, and is enamored toward the beneficiaries. He
thus decides to loan money to the trust at an interest rate of 2%, much lower than the
market rate of 5%. Permissible?
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NO. "no further inquiry". Even if the trustee is giving the trust a great deal, it
is invalid.
What are the important factors in determining post-divorce maintenance?
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incomes, length of marriage, capacities for self support, potential for
education or training, custody of children, parties' ages and health, and
equitable distribution.
if they are sicker etc. they should get more money
When is an employer liable for intentional torts?
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(1) Force is authorized (bouncer)
(2) Promotion of employer's business (hires thugs to beatup picketers)
(3) friction is inherent (bill collection)
What should you do in ANY family law question dealing with a child?
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BEST INTERESTS TEST. get out of jail free card
When is the debtor's right of redemption cancelled?
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When secured sells it or does a foreclosure.
, T leaves Blackacre to his son, S. S has a child, G. S is on the verge of bankruptcy, and
thus wants to minimize transfers to himself. Therefore, S disclaims Blackacre. Result?
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Anti-lapse applies to disclaimed interests. Therefore, G takes.
What are preferred shareholder rights with respect to dividends?
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Preferred shares are entitled to stipulated dividends before the rest of the
dividends are paid to common shares.
"Payable to order of X, $1000". Y finds it, and cashes it. Is Y holder?
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no, invalid transfer.
How does a plaintiff "pierce the corporate veil"?
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Give this one a try later!
MADFIFI
MA: material alteration (change in terms of instrument)
D: duress
FIF: fraud in factum
I4: incapacity, illegality, infancy, insolvency
Quasimodo is a recent Columbia Law grad who is without employment. He can live
off his trust fund for a while, so he figures the best course of action is to start
representing people for free to build a reputation. Quasimodo starts calling 20
random Manhattanites per hour offering to represent them in any legal matter for
free. Result?
Give this one a try later!
, A lawyer who volunteers to represent someone without a fee is not subject
to dscipline for solicitation.
What are the consequences for P, when P uses a provisional remedy and D wins?
Give this one a try later!
P must indemnify D for any and all costs if D wins
When is an agent liable in contract?
Give this one a try later!
When the principal is undisclosed, either partially or fully. Partially:
existence is known, but identity is not.
T, trustee is a very wealthy individual, and is enamored toward the beneficiaries. He
thus decides to loan money to the trust at an interest rate of 2%, much lower than the
market rate of 5%. Permissible?
Give this one a try later!
NO. "no further inquiry". Even if the trustee is giving the trust a great deal, it
is invalid.
What are the important factors in determining post-divorce maintenance?
,Give this one a try later!
incomes, length of marriage, capacities for self support, potential for
education or training, custody of children, parties' ages and health, and
equitable distribution.
if they are sicker etc. they should get more money
When is an employer liable for intentional torts?
Give this one a try later!
(1) Force is authorized (bouncer)
(2) Promotion of employer's business (hires thugs to beatup picketers)
(3) friction is inherent (bill collection)
What should you do in ANY family law question dealing with a child?
Give this one a try later!
BEST INTERESTS TEST. get out of jail free card
When is the debtor's right of redemption cancelled?
Give this one a try later!
When secured sells it or does a foreclosure.
, T leaves Blackacre to his son, S. S has a child, G. S is on the verge of bankruptcy, and
thus wants to minimize transfers to himself. Therefore, S disclaims Blackacre. Result?
Give this one a try later!
Anti-lapse applies to disclaimed interests. Therefore, G takes.
What are preferred shareholder rights with respect to dividends?
Give this one a try later!
Preferred shares are entitled to stipulated dividends before the rest of the
dividends are paid to common shares.
"Payable to order of X, $1000". Y finds it, and cashes it. Is Y holder?
Give this one a try later!
no, invalid transfer.
How does a plaintiff "pierce the corporate veil"?
Give this one a try later!