Contract by trustee
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If trustee signs in trustee's name:
- trust is liable
- trustee is not personally liable
If trustee signs in personal capacity:
- trustee is liable
- reimbursement if:
* within trustee's power
* signed in ordinary administration
Vicarious liability of employer
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, - Within the scope of work
NL for intentional tort except
- Use of force within scope
- Nature tends to friction with others
- Intends to help employer
NL for independent contractors except:
- Land owner to invitee when IC on site
MBE Grand Jury
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- Functions: issue indictment
- Secretive
- Not required under constitution
- No Miranda right or right to counsel
PR: non-competition for lawyers
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- Not allowed
- Allowed for retirement benefit
- Allowed for sale of practice
Particularity for search warrant
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- Specify the area to be searched
- Specify the item to be seized
SOL for real estate
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10 years
Fundamental right to vote
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- One person one vote
- Redrawing district re population: strict scrutiny
- Partisan gerrymandering: political question
- At large election: allowed, unless with discriminatory intent
- Counting uncounted vote without standard: not pass
Waste (real property)
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, - affirmative, permissive or ameliorative
- affirmative/voluntary: overt act destroys value
- permissive: neglection that destroys value
- ameliorative: acts that increases value
Controlling Shareholders
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- Working control sufficient
- May get control premium except:
* Sold to looters without reasonable investigation
* Selling key asset in fact
* Selling board seat
- Remedy: damages and disgorge benefit
- Freeze-out
* Fair price
* Fair dealing
* Business purpose
Principal liable for agent's torts
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- Agency relationship
- Within scope of agency
O to A and his heirs
Give this one a try later!
If trustee signs in trustee's name:
- trust is liable
- trustee is not personally liable
If trustee signs in personal capacity:
- trustee is liable
- reimbursement if:
* within trustee's power
* signed in ordinary administration
Vicarious liability of employer
Give this one a try later!
, - Within the scope of work
NL for intentional tort except
- Use of force within scope
- Nature tends to friction with others
- Intends to help employer
NL for independent contractors except:
- Land owner to invitee when IC on site
MBE Grand Jury
Give this one a try later!
- Functions: issue indictment
- Secretive
- Not required under constitution
- No Miranda right or right to counsel
PR: non-competition for lawyers
Give this one a try later!
- Not allowed
- Allowed for retirement benefit
- Allowed for sale of practice
Particularity for search warrant
,Give this one a try later!
- Specify the area to be searched
- Specify the item to be seized
SOL for real estate
Give this one a try later!
10 years
Fundamental right to vote
Give this one a try later!
- One person one vote
- Redrawing district re population: strict scrutiny
- Partisan gerrymandering: political question
- At large election: allowed, unless with discriminatory intent
- Counting uncounted vote without standard: not pass
Waste (real property)
Give this one a try later!
, - affirmative, permissive or ameliorative
- affirmative/voluntary: overt act destroys value
- permissive: neglection that destroys value
- ameliorative: acts that increases value
Controlling Shareholders
Give this one a try later!
- Working control sufficient
- May get control premium except:
* Sold to looters without reasonable investigation
* Selling key asset in fact
* Selling board seat
- Remedy: damages and disgorge benefit
- Freeze-out
* Fair price
* Fair dealing
* Business purpose
Principal liable for agent's torts
Give this one a try later!
- Agency relationship
- Within scope of agency
O to A and his heirs
