Spendthrift trust
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has a restraint on alienation to the beneficiary
Creditors usually cannot get assets
Pour-over trust
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Assets from a will "pour-over" into a trust
,In a claim for damages and injunctive relief, which is tried first?
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Damages due to the seventh amendment
Spendthrift Trust Exceptions
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Can gain access to trust
1- Children & spouses entitled to support
2- Those providing basic necessities to beneficiaries
&
3- Holders of federal or state tax liens
Prior identification is admissible if:
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(i) testifies at the present trial or hearing, and
(ii) is subject to cross-examination.
Does future interest holder have a right to inspect
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, Yes, to look for waste
UCC Article 9
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If the substance of a transaction creates a security interest
Multiparty, Multiforum Trial Jurisdiction Act of 2002
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when a civil action "arises from a single accident, where at least 75 natural
persons have died in the accident at a discrete location," only one plaintiff
need be of diverse citizenship from one defendant for a federal court to
have diversity jurisdiction, provided a defendant resides in a state and a
substantial part of the accident took place in another state or other
location.
Divisible contract
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or installment contract in which various units are distinct parts
Evidentiary standard for invoking right to remain silent
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if the answers provide some reasonable possibility of incriminating the
witness in future criminal proceedings
Embezzlement
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Owner of property entrusts property with another
The other then converts the property
Two types of assault
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(1) Attempt to commit battery
(2) Fear of harm - solely to place plaintiff in fear of harm
Factors of Maintenance
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1. Financial resources
2. Standard of living
3. Time
4. Length of the marriage
5. contributions to the marriage
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has a restraint on alienation to the beneficiary
Creditors usually cannot get assets
Pour-over trust
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Assets from a will "pour-over" into a trust
,In a claim for damages and injunctive relief, which is tried first?
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Damages due to the seventh amendment
Spendthrift Trust Exceptions
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Can gain access to trust
1- Children & spouses entitled to support
2- Those providing basic necessities to beneficiaries
&
3- Holders of federal or state tax liens
Prior identification is admissible if:
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(i) testifies at the present trial or hearing, and
(ii) is subject to cross-examination.
Does future interest holder have a right to inspect
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, Yes, to look for waste
UCC Article 9
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If the substance of a transaction creates a security interest
Multiparty, Multiforum Trial Jurisdiction Act of 2002
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when a civil action "arises from a single accident, where at least 75 natural
persons have died in the accident at a discrete location," only one plaintiff
need be of diverse citizenship from one defendant for a federal court to
have diversity jurisdiction, provided a defendant resides in a state and a
substantial part of the accident took place in another state or other
location.
Divisible contract
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or installment contract in which various units are distinct parts
Evidentiary standard for invoking right to remain silent
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if the answers provide some reasonable possibility of incriminating the
witness in future criminal proceedings
Embezzlement
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Owner of property entrusts property with another
The other then converts the property
Two types of assault
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(1) Attempt to commit battery
(2) Fear of harm - solely to place plaintiff in fear of harm
Factors of Maintenance
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1. Financial resources
2. Standard of living
3. Time
4. Length of the marriage
5. contributions to the marriage
