Term
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Definition
PRE-MARRIAGE
MARRIAGE
PARENTAL AUTONOMY
ADOPTION |
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Term
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Definition
| ENGAGEMENT GIFTS MUST BE RETURNED (I.E. RINGS) |
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Term
| PREMARITAL CONTRACTS (ANTENUPTUAL AGREEMENTS) |
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Definition
COURTS ENFORCE IF 4 FACTORS MET:
1)ENTERED INTO VOLUNTARILY 2)IN WRITING 3)FULL AND FAIR DISCLOSURE OF THEIR FINANCIAL WORTH 4)FAIR AND REASONABLE |
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Term
| PROCEDURAL REQUIREMENTS FOR MARRIAGE |
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Definition
1)LICENSE (NOT VALID IN IDAHO W/OUT)
2)SOLEMNIZATION (CEREMONY)
[COMMON LAW MARRIAGE NOT RECONGIZED IN IDAHO SINCE 1996) |
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Term
| CRIMINAL LIABILITY IN MARRIAGE |
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Definition
1)RAPE - SPOUSE MUST RESIST, BUT IS OVERCOME BY FORCE OR VIOLENCE OR PREVENTED FROM RESISTING BY THREATS OF IMMEDIATE AND GREAT BODILY HARM
2)SPOUSE ABUSE - ASSAULT OR BATTERY ON SPOUSE
3)CRIMINAL CONVERSATION(ADULTERY) - EXPRESSLY ABOLISHED IN IDAHO |
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Term
| METHODS TO TERMINATE MARRIAGE |
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Definition
1)ANNULLMENT (PROBLEMS THAT PRE-DATE THE MARRIAGE CEREMONY)
2)DIVORCE (BASED ON PROBLEMS AFTER THE CEREMONY) |
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Term
| TWO GROUNDS FOR ANNULMENT |
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Definition
VOID GROUNDS(NON-WAIVABLE, YOU COULD EVEN WALK AWAY W/OUT JUDGMENT): BIGAMY, INCEST
VOIDABLE: PARTIES ARE TOO YOUNG, MENTAL INCAPACITY, DURESS, FRAUD(CONCERNINGRELIGIOUS CONVICTION AND MISREPRESENTATION ABOUT SEX OR REPORDUCTIVE ABILITY), INCURABLE IMPOTENCE(INABILITY TO HAVE SEX) |
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Term
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Definition
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Term
| GROUNDS FOR "FAULT" DIVORCES (SEVEN OF THEM) |
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Definition
| 1)ADULTERY 2)EXTREME CRUETLY 3)WILLFUL DESERTION 4)WILLFUL NEGLECT 5)HABITUAL INTEMPERANCE 6)CONVICTOIN OF A FELONY 7)HUSBAND OR WIFE HAS BECOME PERMANTENTLY INSANE |
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Term
| GROUNDS FOR NO-FAULT DIVORCE |
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Definition
| IRRECONCILABLE DIFFERENCES - ALLOWED IN IDAHO |
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Term
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Definition
| SMJX - P MUST BE A RESIDENT FOR 6 FULL WEEKS PROIOR TO COMMENCEMENT OF HTE ACTION - NEED PJX OVER D TO GET SPOUSAL SUPPORT |
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Term
| DIVISION OF PROPERTY UPON DIVORCE |
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Definition
ANY PROPERTY BEFORE MARRIAGE - SP
ANY PROPERTY ACQUIRED AFTER MARRIAGE -CP
PROPERTY ACQUIRED BY GIFT OR BEQUEST -SP |
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Term
| FACTORS TO DETERMINE SPOUSAL MAINTENANCE |
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Definition
| 1)FINANCIAL RESOURCES OF SPOUSE SEEKING SUPPORT - ABILITY TO MEET NEEDS INDEPENDENTLY 2)TIME NECESSARY TO ACQUIRE EDUCTATION AND TRAINING TO SUPPORT SELF INDEPENDENTLY 3)DURATION OF THE MARRIAGE; AGE AND PHYSICAL/EMOTIONAL CONDITION OF SPOUSE 4)ABILITY OF SPOUSE PAYING SUPPORT TO PAY 5)FAULT OF EITHER PARTY 6)STANDARD OF LIVING ESTABLISHED DURING MARRIAGE |
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Term
| WHEN SPOUSAL MAINTENANCE TERMINATES |
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Definition
DEATH OF THE OBLIGOR
REMARRIAGE OF OBLIGEE |
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Term
| MODIFICATION OF SPOUSAL MAINTENANCE |
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Definition
| CANNOT BE MODIFIED UNLESS "MERGED" INTO DIVORCE DECREE (IT IS A CONTRACT INDEPENDENT) |
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Term
| CHILD SUPPORT ISSUES DUTY TO PAY |
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Definition
| BASED ON INCOME IN IDAHO - PARENTS SHARE THE RESPONSIBILITY PROPORTIONATELY |
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Term
| FULL FAITH AND CREDIT FOR CHILD SUPPORT |
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Definition
| IN IDAHO, FF&C MUST BE GIVEN TO RENDERING COURT IF 1) RENDERING COURT HAD PROPER JX AND 2)PARTIES HAD REASONABLE NOTICE AND OPPORTUNITY TO BE HEARD |
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Term
| TWO TYPES OF CUSTODY FOR CHILD CUSTODY |
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Definition
LEGAL CUSTODY - DECISION MAKING RIGHTS CONCERNING HEALTH, EDUCATION AND GENERAL WELFARE OF THE CHILD
PHYSICAL CUSTODY - THE PLACE WHERE CHILD WILL RESIDE |
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Term
| JX FOR CHILD CUSTODY PURPOSES |
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Definition
| HOME STAE OF THE CHILD HAS ORIGINAL AND CONTINUIJNG JX. "HOME STATE" IS WHERE CHILD LIVED 6 MONTHS PRIOR TO THE FILING OF THE DIVORCE (IF NO HOME STATE, THEN 1)STATE WHERE EITHER PARENT HAS A SIGNIFICANT CONNECTION AND 2)WHERE EVIDENCE IS AVAILABLE IN THE STATE |
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Term
| 6 FACTORS TO DETERMINE WHO GETS CUSTODY OF CHILD |
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Definition
| 1)WISHES OF PARENTS 2)WISHES OF THE CHILD (ESPECIALLY OVER 12 YOA)3)CHILD'S RELATIONSHIP WITH PARENT 4)STABILITY IN CIHLD'S CIRCUMSTANCES 5)EXISTENCE OF DOMESTIC VIOLENCE 6)PROSIMITY OF PARENTS' HOME |
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Term
| CHILD PROTECTIVE ACT PROCESS |
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Definition
| PETITION (ABUSE, ABANDONMENT, NEGLECT), REMOVAL, HEARING AND DECREE, EMERGENCY REMOVAL (ALLOWED TO BE HELD A MAXIMUM OF 48 HOURS BEFORE ADJ HRG IS HELD) |
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Term
| GROUNDS FOR TERMINATION OF PARENTAL RIGHTS |
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Definition
ABANDONMENT
NEGLECT
PHYSICAL/SEXUAL ABUSE OF CHILD
PARENT UNABLE TO DISCHARGE PARENTAL RESPONSIBILITIES FOR PROLONGED INDETERMINATE PERIOD |
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Term
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Definition
| PERSON ADOPTING MUST LIVE 6 MONTHS IN IDAHO PRIOR TO FILING |
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Term
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Definition
| AT LEAST 15 YRS OLDER THEN ADOPTEE OR 25 YOA |
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Term
| UNMARRIED FATHERS RIGHTS TO PREVENT ADOPTION |
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Definition
| MUST REGISTER WITH DH&W - MUST SHOW HIS WILLINGNESS AND INTENT TO SUPPPORT THE CHILD TO THE BEST OF HIS ABILITY |
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Term
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Definition
| 1)TRUST WATER (SWAN FALLS POWER PLANT 2)GROUNDWATER (SEE OTHER FLASHCARD) 3)WASTE AND SEEPAGE WATER (BACKFLOW - ORIGINAL APPROPRIATOR CAN CAPTURE AND PUT TO BENEFICIAL USE)4)SALVAGED WATER (WATER WITHIN A STREAM SYSTEM THAT WAS BEING LOST BUT DUE TO THE EFFORTS OF THE SALVAGER IS NO LONGER LOST) 5)DEVELOPED WATER (WATER PREVIOUSLY NOT FOUND IN SYSTEM THAT THE DEVELOP ADDS TO THE SUPPLY [FROM ANOTHER SOURCE] 6)DIFFUSE SURFACE WATER (WATER FROM RAIN OR SNOW FLOWING DIFFUSELY OVER THE SURFACE OF THE GROUND [NOT SUBJECT TO APPROPRIATION] |
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Term
| SITUATIONS WHERE NO LICENSE IS NECESSARY FOR GROUND WATER APPROPRIATION |
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Definition
| DOMESTIC USE - HOMES, ORGANIZATION CAMPS; PUBLIC CAMPGROUNDS; LIVESTOCK |
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Term
| DESIGNATED GROUNDWATER AREAS |
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Definition
| CRITICAL GROUNDWATER AREAS - NOT SUFFICIENT WATER TO PROVIDE FOR EXISTING APPROPRIATORS AND PERSON WITH VALID PERMITS; 2)GROUND WATER MANAGEMENT AREAS - BASISN THAT ARE APPROACHING CRITICCAL STATUS |
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Term
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Definition
| REASONABLE PUMPING LEVEL PROTECTION (NOT HISTORIC LEVEL OF PUMPING); AND PRE-1978 JUNIOR PRIORITY WELL WILL HAVE TO PAY THE SENIOR'S INCREASED PUMPING COSTS OR PROVIDE THE SENIOR WITH REPLACEMENT WATER IF BELOW REASONABLE LEVEL |
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Term
| KEY ELEMENTS OF PRIOR APPROPRIATION |
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Definition
1)PRIORITY DATE: BASED ON APPROPRIATION INITIATION
2)PRIORITY PRINCIPLE: WHEN DEMAND EXCEEDS SUPPLY, PRIORITY IN TIME GIVES PRIORITY IN RIGHT |
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Term
| TWO METHODS OF MAKING AN APPROPRIATION |
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Definition
CONSTITUTIONAL MEHTOD: DIVERSION FROM THE SOURCE OF SUPPLY; AND PUTTING IT TO BENEFICIAL USE
PERMIT METHOD:THE ABOVE TWO ELEMENTS AND A PERMIT (POST 1963) |
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Term
| 7 GROUNDS FOR DENIAL OF APPROPRIATION LICENSE |
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Definition
1)PROPOSED USE WILL REDUCE QUANTITY OF WATER AND EFFECT EXISTING WATER RIGHTS 2)WATER RIGHT BEING SOUGHT IS INSUFFICIENT FOR HTE INTENDED PURPOSE
3)APPLICATION IS NOT MADE IN GOOD FAITH BUT FOR SPECULATIVE PURPOSES
4)APPLICANT LACKS SUFFICIENT FINANCIAL RESOURCES TO PULL IT OFF
5)WILL CONFLICT WITH LOCAL PUBLIC INTEREST
6)CONTRARY TO CONSERVATION OF WATER REESOURCES IN IDAHO
7)OUTSIDE THE WATERSHED OR LOCAL AREA |
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Term
| TIME FOR COMPLETING APPROPRIATION AFTER RECEIVING PERMIT |
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Definition
| 5 YEARS TO DIVERT AND PUT TO BENEFICIAL USE (MAY EXTEND FOR ADDITIONAL 5 YEARS FOR (1) LITIGATION DELY OR NEED FOR FEDERAL APPROAL, (2)LARGE PROJECTS; OR (3)GOOD CAUSE |
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Term
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Definition
| LESSEE, THE STATE (TRESSPASSERS ARE NOT ALLOWED) |
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Term
| HOW MUCH WATER CAN BE APPROPRIATED? |
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Definition
| STATUTORY LIMIT - NO MORE THAN 1 C.F.S PER 50 ACRES; NO MORE THAN 5 A.F STORED ANNUALLY PER 1 ACRE IRRIGATED (UNLESS IT IS SHOWN THAT MORE IS NEEDED, I.E. POUROUS SOIL) |
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Term
| PLACES OF USE FOR WATER THAT HAS BEEN APPROPRIATED |
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Definition
| 1)TRESSPASSER WITH A DITCH (IF FOR 5 YEARS, PRESCRIPTIVE EASEMENT) 2)EMINENT DOMAIN - IDAHO HAS DELEGATED POWER OF ED TO APPROPRIATORS WHO NEED RIGHTS-OF-SAY TO TRANSPORT THE WATER TO ITS PLACE OF USE; 3)RIGHTS OF SERVIENT ESTATE - OWNER CAN CHANGE THE COURSE AS LONG AS (1)IT DOES NOT IMPEDE THE FLOW OF WATER OR (2)EFFECT THE RIGHTS OF ANYONE AND (3)HE GETS CONSENT |
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Term
| PRIORITY DATES WITH APPROPRIATION: CONSTITUTIONAL METHOD |
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Definition
| DATE THAT WAS WAS FIRST APPLIED TO BENEFICIAL USE |
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Term
| PRIORITY DATES: PERMIT METHOD |
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Definition
| DATE THE APPLICATION OF THE PERMIT WAS FILED |
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Term
| ASPECTS TO REMEMBER FOR ALLOCATION IN TIME OF SHORTAGE |
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Definition
(1)RETURN FLOW - IRRIGATION APPROPRIAT IS 50% CONSUMPTIVE, RETURN FLOW MUST BE CONSIDERED WHEN APPLYING THE PRIORITY PRINCIPLE (BOP ON JUNIOR INTEREST)
(2)PRIORITY OF PREFERENCES - DOMESTIC USE PREFERRED OVER AL L OTHERS; AGRICULTURAL USE OVER MANUFACTRING; [IF MINING DISTRICT - MINING TAKES OVER EVERYTHING] REMEMBER THIS IS JUST A RIGHT TO CONDEMN - GET JUST COMPENSATION |
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Term
| 6 REQUIREMENTS TO CHANGE POINT OF DIVERSION OR PLACE OF USE |
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Definition
1)NO OTHER WATER RIGHTS WILL BE INJURED 2)CHANGE DOESN'T CONSTITUTE AN ENLARGEMENT IN USE OF THE ORIGINAL RIGHT
3)CHANGE IS IN THE LOCAL PUBLIC INTEREST
4)CHANGE IS CONSISTENT WITH CONSERVATION OF WATER RESOURCES IN THE STATE
5)WILL NOT ADVERSELY AFFECT LOCAL ECONOMY OF WATERSHED
(6)NEW USE IS A BENEFICIAL USE |
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Term
| CHANGE IN PERIOD OF USE OR NATURE OF USE |
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Definition
ALL 6 OF THE CHANGE IN POINT OF DIVERSION REQUIREMENTS PLUS
1)DEPT OF WATE RRES MAY NOT APPROVE CHANGE FROM AN AG USE WHERE CHANGE WOULD SIGNIFICANTLY AFFEC THE AG BASE OF HTE AREA; AND 2)NEED APPROVAL BY DEPT IF CHANGE INVOLVES VOLUMES GREATER THA 50 C.F.S. |
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Term
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Definition
(1)PRESCRIPTION - ADVERSE POSSESSION REQUIRMENTS FOR 5 YEARS
(2)ABANDONMENT - REQUIRES A CESSATOIN OF USE PLUS A MANIFESTATION OF INTENT (CLEAR AND CONVINCING EVIDENCE)
3)FORFEITURE - 5 CONTINUOUS YEARS OF NONUSE (CLEAR AND CONVINCING EVIDENCE - FORFEIT MAN CAN GET 5 MORE YEARS IF SHOWS GOOD AND SUFFICIENT REASON FOR NONUSE) - IF HE COMES BACK AND USES IT, HIS PRIORITY DATE GOES BACK TO HIS OG DATE
4)PARTIAL FORFEITURE - APPROPRIATOR ONLY USES 3 C.F.S ALTHOUGH HE HAS RIGHTS TO 5 C.F.S.
5)ESTOPPEL - LONG AND CONTINUOUS NONEXERCISE OF THE RIGHT SUCH THAT ANOTHER PERSON DETRIMENTALLY RELIES ON THE APPEARANCE THAT THE APPROPRIATOR LACKS INTEREST |
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Term
| PRESENT POSSESSORY ESTATES |
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Definition
| 1)FEE SIMPLE; 2)DEFEASEBLE FEE 3)LIFE ESTATE |
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Term
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Definition
| 1)FEE SIMPLE DETERMINABLE (POSSIBILITY OF REVERTER, LANGUAGE: SO LONG AS, WHILE, DURING)); 2)FEE SIMPLE SUBJECT TO CONDITION SUBSEQUENT (RIGHT OF REENTRY - LANGUAGE: BUT IF; ON CONDITION THAT)); 3)FEE SIMPLE SUBJECT TO EXECUTORY INTEREST - FEE SIMPLE TERMINATES UPON THE HAPPENING OF A STATED EVENT AND THEN PASSES TO A 3RD PARTY RATHER THAN REVERTING TO THE GRANTOR) |
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Term
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Definition
| NEVER MEASURED BY TIME ONLY; LIFE TENANT MUST NOT WASTE BUT MUST PAY ALL TAXES ON IT. |
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Term
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Definition
GRANTOR: REVERSION, POSSIBILITY OF REVERTER, RIGHT OF REENTRY
GRANTEE: EXECUTORY INTERESTS, VESTED REMAINDER, VESTED REMAINDER SUBJECT TO OPEN (A FOR LIFE, THEN TO B'S CHILDREN); CONTINGENT REMAINDER (A FOR LIFE, THEN TO B IF B IS AT LEAST 21) |
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Term
| JOINT TENANCY WITH RIGHT OF SURVIVORSHIP UNITY REQUIREMENTS |
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Definition
| 1)TIME, 2)TITLE, 3)INTEREST, 4)POSSESSION...IN TITLE THEORY STATES, IF YOU MORTGAGE THE PROPERTY, JOINT TENANCY IS DESTROYED |
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Term
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Definition
| TENANTS CAN HOLD DIFFERENT INTERESTS IN PROPERTY BUT EACH IS ENTITLED TO THE WHOLE |
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Term
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Definition
| 1)DUTY TO DELIVERY POSSESSION, 2)QUIET ENJOYMENT 3)IMPLIED WARRANTY OF HABITABILITY 4)ASSIGNMENTS |
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Term
| ELEMENTS OF ADVERSE POSSESSION |
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Definition
| HOSTILE, EXCLUSIVE, LASTING, UNINTERUPTED, VISIBLE(OPEN AND NOTORIOUS), ACTUAL POSSESSION |
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Term
| NONPOSSESSORY INTERESTS IN ESTATES |
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Definition
| EASEMENTS, LICENSE, PROFIT, COVENANT RUNNING WITH THE LAND, EQUITABLE SERVITUDE, LATERAL AND SUBJACENT SUPPORT |
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Term
| REAL COVENANTS REQUIREMENT - BURDEN TO RUN |
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Definition
| 1)INTENT OF SUCCESSOR IN INTEREST TO BE BOUND BY TERMS OF COVENENT; 2) NOTICE OF THE COVENANT; 3)HORIZONTAL PRIVITYPROMISOR/PROMISEE MUST HAV ESHARED SOME INTREST IN LAND INDEPENDENT OF THE k; 4)VERTICAL PRIVITY: SUCCESSOR IN INTEREST MUST HOLD THE ENTIRE DURATIONAL INTEREST; 5) MUST TOUCH AND CONCERN THE LAND |
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Term
| REAL COVENANTS REQUIREMENT - BENEFIT TO RUN |
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Definition
| 1)INTENT OF SUCCESSOR IN INTEREST TO BE BOUND BY TERMS OF COVENENT; 2) NOTICE OF THE COVENANT; 3)VERTICAL PRIVITY: SUCCESSOR IN INTEREST MUST HOLD THE ENTIRE DURATIONAL INTEREST; 4) MUST TOUCH AND CONCERN THE LAND |
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Term
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Definition
| SAME ELEMENTS AS REAL COVENANTS BUT NO PRIVITY REQUIRED |
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Term
| DEFENSES TO EQUITABLE SERVITUDE |
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Definition
| 1)PERSON SEEKING ENFORCEMENT IS VIOLATING A SIMILAR RESTRICTION (UNCLEAN HANDS); 2)BENEFITED PARTY ACTED IN A WAY THAT A REASONABLE PERSON WOULD THINK IT WAS ABANDONED;4)FAILS TO BRING SUIT IN A REASONABLE TIME; 5)NEIGHBORHOOD HAS CHANGED SO SIGNIFICANTLY |
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Term
| TWO STEP PROCESS FOR CONVEYANCING |
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Definition
| CONTRACT OF SALE AND DEED |
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Term
| COVENANTS OF A MARKETABLE TITLE |
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Definition
| PROOF OF TITLE, TITLE FREE OF ENCUMBRANCES AND VALID LEGAL TITLE ON DAY OF CLOSING |
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Term
| RISK OF LOSS AFTER CONTRACT FOR SALE |
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Definition
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Term
| REQUIREMENTS FOR VALID DEED |
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Definition
| IN WRITING, SIGNED BY THE GRANTOR, AND REASONABLY IDENTIFIES HTE PARTIES AND LAND |
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Term
| REQUIREMENTS FOR VALID DELIVERY OF DEED |
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Definition
| DELIVERY AND ACCEPTANCE (USUALLY PRESUMED) |
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Term
| 6 COVENANTS OF TITLE FOR GENERAL WARRANTY DEED |
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Definition
| SEISEN, RIGHT TO CONVEY, NO ENCUMBRANCES,QUIET ENJOYMENT, WARRANTY, FURTHER ASSURANCES |
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Term
| 2 COVENENANTS FOR SPECIAL WARRANTY DEED |
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Definition
| ESTATE HASN'T BEEN CONVEYED BEFORE AND NO ENCUMBRANCES |
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Term
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Definition
| CONVEYS ONLY THE GRANTOR'S INTEREST |
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Term
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Definition
| PURE RACE, NOTICE, RACE-NOTICE |
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Term
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Definition
| PROTECTS BFP FOR VALUE WHO TAKE WITHOUT NOTICE AND RECORD FIRST |
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Term
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Definition
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Term
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Definition
| PROTECTS BFP WHO TAKE WITHOUT NOTICE |
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Term
| TYPES OF SI IN REAL PROPERTY |
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Definition
| MORTGAGES, DEED OF TRUST, INSTALLMENT LAND CONTRACT, ABSOLUTE DEED, SALE-LEASEBACK |
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Term
| ORDER TO LOOK AT REMEDIES |
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Definition
| DAMAGES, RESTITUTION, INJUCTION |
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Term
| TORTS-TYPES OF DAMAGES AVAILABLE |
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Definition
| ACTUAL, NOMINAL, PUNITIVE |
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Term
| FACTORS TO CONSIDER AMOUNT OF PUNITIVE DAMAGES |
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Definition
| DEGREE OF WRONGFULNESS OF CONDUCT, PROPORTIONALITY TOWARD ACTUAL DAMAGES, AMOUNT OF MONEY DEFENDANT HAS |
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Term
| TORTS - TYPES OF REMEDIES FOR RESTITUTION IN TORTS |
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Definition
LEGAL REMEDY - LOOK FOR THE BENEFIT TO THE DEFENDANT (REPLEVIN, EJECTMENT)
EQUITABLE REMEDY - CONSTRUCTIVE TRUST OR EQUITABLE LIEN |
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Term
| TORTS-ELEMENTS FOR AN INJUNCTION |
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Definition
| I-INADEQUATE, P-PROPERTY, F-FEASIBLE, B-BALANCED, D-DEFENSES (LACHES, UNCLEAN HANDS, FREEDOM OF SPEECH, CRIMINAL ACT) |
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Term
| TYPES OF DAMAGES FOR CONTRACTS |
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Definition
| 1)EXPECTATION DAMAGES-BENEFIT OF THE BARGAIN; 2)CONSEQUENTIAL DAMAGES-HARM TO PLAINTIFF IN ADDITION TO EXPECTATION DAMAGES; 3)LIQUIDATED DAMAGES-INCLUDED IN CONTRACT(CANNOT BE A PENALTY);4)PUNITIVE DAMAGES-NOT AVAILABLE UNLESS BAD FAITH BREACH OF INSURANCE CONTRACT BY INSURER OR BAD FAITH BREACH OF EMPLOYER |
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Term
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Definition
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Term
| 2 METHODS TO OBTAIN A PMSI |
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Definition
| 1)CREDITOR SELLS GOODS TO THE DEBTOR ON CREDIT, RETAINING A SI IN THE GOODS FOR THE PURCHASE PRICE; 2)CREDITOR ADVANCES THE DEBTOR FUNDS USED TO BUY SPECIFIC GOODS AND TAKES A SI IN THE GOODS |
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Term
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Definition
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Term
| 4 TYPES OF TANGIBLE COLLATERAL |
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Definition
| 1)CONSUMER GOODS(PERSONAL, FAMILY, OR HOUSEHOLD GOODS);2)FARM PRODUCTS(GOODS USED OR PRODUCED IN FARMING);3)INVENTORY(GOODS HELD FOR SALE OR LEASE AND GOODS CONSUMED IN A BUSINESS); 4)EQUIPMENT (GOODS THAT ARE NOT CONSUMER GOODS, INVENTORY OR FARM PRODUCTS)--[ASK YOURSELF HOW IS THE GOOD BEING USED] |
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Term
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Definition
| INSTRUMENTS, DOCUMENTS, ACCOUNTS, DEPOSIT ACCOUNTS, CHATTEL PAPER, INVESTMENT PROPERTY, COMMERCIAL TORT CLAIMS, GENERAL INTANGIBLES |
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Term
| THREE REQUIREMENTS TO ATTACH A SI TO COLLATERAL (CAN OCCUR IN ANY ORDER) |
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Definition
| 1)A WRITTEN SECURITY AGREEMENT (UNLESS IN POSSESSION OF CREDITOR); 2)VALUE IS GIVEN BY SECURED PARTY; 3)DEBTOR MUST HAVE RIGHTS IN COLLATERAL |
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Term
| 3 REQUIREMENTS FOR A SECURITY AGREEMENT |
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Definition
| 1)RECORD SHOWING INTENT TO CREATE A SI; 2)AUTHENTICATION BY DEBTOR; 3)DESCRIPTION OF COLLATERAL (REASONABLY IDENTIFY) |
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Term
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Definition
| FUTURE ADVANCES, AFTER ACQUIRED PROPERTY, PROCEEDS |
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Term
| AFTER ACQUIRED PROPERTY REQUIREMENTS |
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Definition
| EXPLICITLY STATE IN SA--IF NOT, COURT MAY STILL IMPLY WHEN COLLATERAL IS A TYPE THAT IS RAPIDLY DEPELTED OR REPLENISHED)(WILL NOT INCLUDE CONSUMER GOODS UNLESS DEBTOR ACQUIRES THEM WITHIN 10 DAYS AFTER SC GIVES FULL VALUE) |
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Term
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Definition
| DEALS WITH RIGHTS BETWEEN SECURED AND THIRD PARTIES |
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Term
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Definition
| 1)AUTOMATIC PERFECTION (PMSI IN CONSUMER GOODS PERFECTED AS SOON AS ATTACHED); 2)POSSESSION; 3)CONTROL(PUTTING ACCOUNT IN SC'S NAME); 4)FILING FINANCING STATEMENT; 5)NOTATION OF LIEN (ONLY WAY TO PERFECT FOR AUTOMOBILE SI); 6)20 DAYS CONTINUOUS PERFECTION FOR PROCEEDS |
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Term
| REQUIREMENTS FOR VALID FS |
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Definition
| 1)DEBTORS NAME AND MAILING ADDRESS(CANNOT BE SERIOUSLY MISLEADING); 2)SECURED PARTY'S NAME AND MAILING ADDRESS (IF CHANGED MUST BE FILED IN 4 MONTHS); 3)DESCRIPTION OF COLLATERAL (SUPERGENERALIZED IS OK); 4)IF REAL PROPERTY MUST GIVE DESCRIPTION OF REAL PROPERTY; |
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Term
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Definition
| IF REAL ESTATE - COUNTY; EVERYTHING ELSE-SECRETARY OF STATE; FILE WHERE DEBTOR IS LOCATED OR HER PRINCIPLE RESIDENCE; IF CORP., IN STATE WHERE REGISTERED; IF DEBTOR MOVES - 4 MONTHS TO FILE IN NEW STATE; IF COLLATERAL MOVES - 1 YEAR TO FILE |
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Term
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Definition
| 5 YEARS FROM DATE OF FILING-CAN BE EXTENDED BY FILING A CONTINUATION STATEMENT WITHIN 6 MONTHS OF EXPIRATION |
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Term
| PRIORITY - SECURED PARTY VS. SECURED PARTY--FIGHT |
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Definition
| FIRST TO FILE OR PERFECT WINS |
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Term
| PRIORITY-SECURED PARTY VS. BUYER OF COLLATERAL |
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Definition
AUTHORIZED SALES - BUYER TAKES FREE
UNAUTHORIZED SALES - A BUYER IN ORDINARY COURSE OF BUSINESS TAKES FREE (BUYS IN GOOD FAITH, WITHOUT KNOWLEDGE THA THTE SALE VIOLATES THE RIGHT OF SP OR BUYS IN THE ORDINARY COURSE FROM A PERSON IN THE BUSINESS OF SELLING GOODS OF THAT KIND |
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Term
| PRIORITY--SECURED PARTY VS. JUDGMENT LIEN HOLDERS |
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Definition
| SP MUST PERFECT BEFORE THE PERSON BECOMES A LIEN CREDITOR (LEVY ON THE JUDGMENT) - EXCEPTION: SP CAN FILE A PMSI WITHIN 20 DAYS AFTER THE DEBTOR RECEIVES POSSESSION OF THE CCOLLATERAL |
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Term
| OPTIONS OF SC UPON DEFAULT |
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Definition
| SELF-HELP REPOSSESSION, RETENTION OF COLLATERAL, RESALE OF COLLATERAL, DEBTOR'S RIGHT OF REDEMPTION |
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Term
| REQUIREMENTS FOR SELF HELP REPOSSESSION |
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Definition
| TAKE POSSESSION OF COLLATERAL WITHOUT A BREACH OF THE PEACE (ANY CONDUCT THAT HAS THE POTENTIAL TO LEAD TO VIOLENCE (PHYSICAL PRESENCE OF DEBTOR PLUS VERBAL OBJECTION IS ENOUGH) |
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Term
| REQUIRMENTS TO RETAIN COLLATERAL AFTER DEFAULT |
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Definition
| OBTAIN CONSENT BY OTHER SP AND DEBTOR-IF NOT, MUST SELL |
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Term
| REQUIREMENTS FOR RESALE OF COLLATERAL |
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Definition
| 1)SELL AT PUBLIC OR PRIVATE SALE, 2)ALL ASPECTS OF SALE MUST BE COMMERCIALLY REASONABLE, 3)OTHER SP'S GENERALLY ENTITLED TO NOTICE |
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Term
| REQUIREMENTS OF NOTICE TO SP'S FOR SALE OF COLLATERAL AFTER DEFAULT |
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Definition
| 1)SENT WITHIN A REASONABLE TIME (10 DAYS FOR NONCONSUMER TRANSACTIONS), 2)CONTAIN DETAILS ABOUT THE PARTIES, THE COLLATERAL, TIME AND METHOD OF SALE |
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Term
| DEBTOR'S RIGHT OF REDEMPTION |
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Definition
| ANY TIME BEFORE SALE, DEBTOR, SP OR SURETY MAY REDEEM THE COLLATERAL BY PAYING ALL OBLIGATIONS PLUS REASONABLE EXPENSES |
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Term
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Definition
| ASSAULT, BATTERY, FALSE IMPRISONMENT, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS |
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Term
| ELEMENTS FOR TORT OF ASSAULT |
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Definition
1)ACT BY D CAUSING A REASONABLE APPREHENSION IN P OF IMMEDIATE HARMFUL OR OFFENSIVE CONTRACT TO P PERSON
2)INTENT TO CREATE P APPREHENSION IN THAT CONTACT AND (3)CAUSATION |
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Term
| ELEMENTS FOR TORT OF BATTERY |
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Definition
| (1)HARMFUL OR OFFENSIVE CONTACT TO P PERSON; (2)INTENT; (3)CAUSATION |
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Term
| ELEMENTS FOR FALSE IMPRISONMENT |
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Definition
| (1)D'S ACT OR OMMISSION TO ACT CONFINES OR RESTRAINS P TO A BOUNDED AREA; (2)INTENT (3)CAUSATION (NOTE: P MUST KNOW OF THE CONFINEMENT OR BE HARMED BY IT) |
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Term
| ELEMENTS FOR INENTIONAL INFLICATION OF EMOTIONAL DISTRESS |
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Definition
| (1)D ACT AMOUNTING TO EXTREME AND OUTRAGEOUS CONDUCT (EXCEEDING ALL BOUNDS OF DECENCY IN A CIVILIZED SOCIETY) (2)INENT OR RECKLESSNESS (3)CAUSATION (4)DAMAGES (SEVERE EMOTIONAL DISTRESS) |
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Term
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Definition
| TRESPASS TO LAND, NUISANCE |
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Term
| ELEMENTS FOR TRESPASS TO LAND |
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Definition
| (1)PHYSICAL INVASION (BY PERSON OR OBJECT) OF P REAL PROPERTY; (2)INTENT TO ENTER LAND; AND (3)CAUSATION |
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Term
| ELEMENTS TO NUISANCE(CAN BE NEGLIGENCE OR STRICT LIABILITY) |
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Definition
PRIVATE PROPERTY - SUBSTANTIAL, UNREASONABLE INTERFERENCE WITH ANOTHER PRIVATE IINDIVIDUALS USE OR ENJOYMENT OF PROPERTY;
PUBLIC PROPERTY-ACT THAT UNREASONABLY INTERFERES WITH THE HEALTH, SAFETY, OR PROPERTY RIGHTS OF THE COMMUNITY |
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Term
| TORTS TO PERSONAL PROPERTY |
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Definition
| TRESPASS TO CHATTEL, CONVERSION |
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Term
| ELEMENTS FOR TRESPASS OF CHATTEL |
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Definition
| (1)ACT BY D THAT INTERFERES WITH P POSSESSOIN OF CHATTEL; (2)INTENT; (3)CAUSATION; (4)DAMAGES (SMALL HARM) |
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Term
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Definition
| (1)ACT BY D (2)INTERFERENCE SO SERIOUS IT REQUIRES D TO PAY FAIR MARKET VALUE; (2)INTENT; (3)CAUSATION |
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Term
| DEFENSES TO INTENTIONAL TORTS |
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Definition
| CONSENT, DEFENSIVE FORCE, NECESSITY |
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Term
| TWO TYPES OF CONSENT TO DEFEND AGAINST INTENTIONAL TORTS |
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Definition
| EXPRESS, IMPLIED (REASONABLE PERSON WOULD INFER FROM CUSTOM); |
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Term
| TYPES OF DEFENSIVE FORCE DEFENSES FOR TORTS |
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Definition
| SELF DEFENSE-ONE WHO REASONABLY BELIEVES HE IS ABOUT TO BE ATTACKED CAN USE REASONABLE FORCE AS NECESSARY TO PROTECT AGAINST INJURY; (2)DEFENSE OF OTHERS-REASONABLY BELIEVES THE OTHER PERSON COULD HAVE USED FORCE TO DEFEND HIMSELF MAY USE FORCE TO DEFEND THAT PERSON; (3)DEFENSE OF PROPERTY-MAY USE REASONABLE FORCE TO PREVENT THE COMMISSION OF A TORT AGAINST REAL OR PERSONAL PROPERTY |
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Term
| TWO TYPES OF NECESSITY AND THE DAMAGE RESULTING |
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Definition
| PUBLIC NECESSITY-MAY PROTECT PROPERTY FROM NATURAL OR OTHER FORCE FOR THE PUBLIC GOOD; PRIVATE NECESSITY-ACT SOLELY TO BENEFIT ANY PERSON OR ANY PROPERTY FROM DESTRUCTOIN (MAY BE REQUIRED TO PAY FOR ANY INJURY HE CAUSES |
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Term
| COMMON LAW DEFAMATION (NOT OF PUBLIC CONCERN) |
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Definition
| (1)DEFAMATORY STATEMENT, (2)OF AND CONCERNING P, (3)PUBLICATION, (4)DAMAGES (LIBEL-GENERAL DAMAGES PRESUMED; SLANDER-P MUST PROVE SPECIAL DAMAGES UNLESS PER SE SLANDER) |
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Term
| 4 TYPES OF PER SE SLANDER |
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Definition
| (1)ADVERSELY REFLECT ONE'S BUSINESS OR PROFESSION; (2)LOATHSOME DISEASE; (3) GUILTY OF MORAL TURPITUDE CRIME; (4)WOMAN IS UNCHASTE |
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Term
| DEFAMATION IS OF PUBLIC CONERN |
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Definition
| ALL COMMMON LAW ELEMENTS PLUS (1)FALSITY OF STATEMENT AND (2)FAULT ON PART OF THE DEFENDANT MUST BE WITH MALICE |
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Term
| DEFAMATORY STATEMENT DEFENSES |
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Definition
| CONSENT, TRUTH, ABSOLUTE PRIVILEGE(LEGISLATURES IN DEBATE), QUALIFIED PRIVILEGE |
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Term
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Definition
| DUTY, BREACH, ACTUAL CAUSE, PROXIMATE CAUSE, DAMAGES |
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Term
| NEGLIGENCE GENERAL DUTY STANDARD |
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Definition
| WHAT A REASONABLE PERSON ACTING UNDER SIMILAR CIRCUMSTANCES WOULD DO |
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Term
| SPECIAL STANDARDS FOR NEGLIGENCE |
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Definition
| CHILD-ACT AS A CHILD OF LIKE AGE, EDUCATION AND EXPERIENCE; PROFESSIONALS-HELD TO LEVEL OF SKILL AND KNOWLEDGE OF THEIR PROFESSION; COMMON CARRIERS AND INNKEEPERS-HIGH DEGREE OF CARE |
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Term
| FORESEEABLE PLAINTIFF UNDER DUTY ELEMENT IN NEGLIGENCE CASE |
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Definition
| INVITEE-WARN OF NONOBVIOUS DANGEROUS CONDITIONS AND MAKE REASONABLE INSPECTIONS TO DISCOVER; LICENSEE-WARN OF NONOBVIOUS DANGEROUS CONDITIONS IF KNOWN AND MAKE SAFE; DISCOVERED TRESPASSER: NO DUTY TO WARN, BUT LIABLE FOR CONCEALED, DANGEROUS, OR NEGLIGENTLY CONDUCTED ACTS; UNDISCOVERED TRESPASSER: NO DUTY OWED; ATTRACTIVE NUISANCE-DUTY TO EXERCISE ORDINARY CARE TO AVOID REASONABLY FORESEEABLE RISK OF HARM TO CHILDREN |
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Term
| HOW DOES ONE BREACH THE DUTY IN NEGLIGENCE CASES |
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Definition
1)D DID NOT MEET THE STANDARD OF CARE
2)VIOLATION OF STATUTE(PER SE)HOWEVER, MUST BE THE ACT THE STATUTE WAS DESIGED OT PREVENT AND THE VICTIM MUST BE WHO THE ACT WAS DESIGNED TO PROTECT;
3)RES IPSA LOQUITUR-THE ACCIDENT CAUSING INJURY IS A TYUPE NOT NORMALLY OCCURRING IN THE ABSENCE OF NEGLIGENCE AND (2) THE NEGLIGENCE IS ATTRIBUTABLE OT THE DEFENDANT[EXCLUSIVE CONTROL]) |
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Term
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Definition
BUT-FOR TEST
SUBSTANTIAL FACTOR: WHERE SEVERAL CAUSES MAY HAVE BROUGHT ABOUT HTE INJURY, THE D WAS A SUBSTANTIAL FACTOR |
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Term
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Definition
| DEFENDANT IS GENERALLY LIABLE FOR ALL HARMFUL RESULTS THAT ARE THE NORMAL INCIDENTS OF AND WITHIN THE INCREASED RISK CAUSED BY HIS ACTS. |
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Term
| TWO TYPES OF PROXIMATE CAUSE |
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Definition
DIRECT CAUSE-NO INTERVENING FORCE
INDIRECT CAUSE-INTERVENING FORCE AFTER DEFENDANT'S NEGLIGENT ACT-IF FORESEEABLE AND THE HARMFUL RESULT IS FORESEEABLE, THE D IS LIABLE; IF BOTH ARE UNFORESEEABLE, THE D IS NOT LIABLE---LOOK AT FORESEEABILITY |
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Term
| DAMAGES AVAILABLE IN NEGLIGENCE CASE |
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Definition
| PERSONAL INJURY, PROPERTY DAMAGE, PUNITIVE DAMAGES, NONRECOVERABLE ITEMS |
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Term
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Definition
| CONTRIBUTORY NEGLIGENCE, ASSUMPTION OF RISK, COMPARATIVE FAULT |
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Term
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Definition
| P WAS NEGLIGENT AS WELL--AT COMMMON LAW-COMPLETE BAR TO RECOVERY |
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Term
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Definition
| (1)P MUST HAVE KNOWN OF THE RISK, AND (2)VOLUNTARILY PROCEEDED IN THE FACE OF THE RISK-BARS ALL RECOVERY |
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Term
| TWO TYPES OF COMPARATIVE FAULT(NEGLIGENCE) |
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Definition
PURE: ALLOW RECOVERY NO MATTER HOW GREAT PLAINTIFF'S NEG WAS(DAMAGES REDUCED THE PERCENT P WAS NEG)
PARTIAL: ONLY ALLOW RECOVERY IF P NEG WAS LESS SERIOUS OR NO MORE SERIOUS THAN D (RECOVERY STILL REDUCED BY P NEG) |
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Term
| ELEMENTS REQUIRED FOR STRICT LIABILITY IN TORTS |
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Definition
| (1)EXISTENCE OF AN ABSOLUTE DUTY ON THE PART OF D TO MAKE SAFE; (2)BREACH OF THAT DUTY; (3)ACTUAL AND PROXIMATE CAUSE OF THE P INJURY AND (4)DAMAGE TO P PERSON OR PROPERTY |
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Term
| HOW ARE YOU HELD STRICTLY LIABILITY FOR ANIMALS |
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Definition
| MUST BE REASONABLY FORESEEABLE DAMAGE DONE BY A TRESPASS OF THE ANIMAL (STRICTLY LIABLE FOR PERSONAL INJURY BY WILD ANIMAL; NOT STRICTLY LIABLE FOR DOMESTIC ANIMALS UNLESS HAS KNOWLEDGE OF DANGEROUS PROPENSITIES |
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Term
| 3 REQUIREMENTS TO BE HELD STRICTLY LIABLE FOR ULTRA-HAZARDOUS ACTIVITY |
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Definition
| (1)ACTIVITY MUST INVOLVE RISK OF SERIOUS HARM OR INJURY OF PERSON OR PROPERTY(2)ACTIVITY MUST BE ONE THAT IS PERFORMED WITH SERIOUS RISK OR HARM NO MATTER HOW MUCH PRECATION IS TAKEN (3)ACTIVITY IS NOT COMMONLY ENGAGED IN |
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Term
| STRICT PRODUCT LIABILITY ELEMENTS |
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Definition
(1)DEFECTIVE PRODUCT (MANUFACTURING OR DESIGN)
(2)DEFECTIVE WHEN IT THE PRDUCT LEFT DEFENDANT'S CONTROL
(3)CAUSATION
(4)DAMAGES |
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Term
| ALTERNATIVE AVENUES TO SUE UNDER PRODUCTS LIABILITY |
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Definition
CONTRACT-BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY; BREACH OF FITNESS FOR A PARTICULAR PURPOSE;
TORT: NEGLIGENCE |
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Term
| WHAT IS WARRANTY OF MERCHANTABILITY |
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Definition
| WHETHER GOODS ARE OF AVERAGE ACCEPTABLE QUALITY AND GENERALLY FIT FOR THE ORDINARY PURPOSE FOR WHICH THE GOODS ARE USED |
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Term
| WHAT IS WARRANTY FITNESS FOR A PARTICULAR PURPOSE |
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Definition
| SELLER KNOWS OR HAS REASON TO KNOW THE PARTICULAR PURPOSE FOR WHICH THE GOODS ARE REQUIRED AND THAT BUYER IS RELYING ON THE SELLER'S SKILL AND JUDGMENT IN SELECTING THE GOODS |
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Term
| TORTS--WHAT TYPE OF LIABILITY CAN ARISE WITH TWO OR MORE DEFENDANTS |
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Definition
| VICARIOUS LIABILITY; JOINT LIABILITY (CONTRIBUTION ALLOWS DEFENDANT TO GET CONTRIBUTION FROM CO-DEFENDANT |
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Term
| WHO HOLDS TITLE TO PROPERTY IN A TRUST |
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Definition
LEGAL TITLE - TRUSTEE;
EQUITABLE TITLE - BENEFICIARIES |
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Term
| ELEMENTS OF AN EXPRESS PRIVATE TRUST? |
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Definition
| (1)INTENT, (2)MUST HAVE SETTLOR(MUST HAVE CAPACITY), (3)MUST APPOINT TRUSTEE, (4)MUST HAVE TRUST PROPERTY(CERTAIN AND IDENTIFIABLE), (5)BENEFICIARIES, (6)LAWFUL PURPOSE |
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Term
| HOW DO YOU SHOW INTENT THAT THE SETTLOR WANTED TO CREATE A TRUST? |
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Definition
| MAY BE ORAL OR WRITTEN, UNLESS SOF APPLIES; BENEFICIARIES DO NOT NEED TO KNOW--DELIVERY OF THE DEED TO THE TRUSTEE IS SUFFICIENT; THE INTENTION MUST BE PRESENT AT THE TIME HE OWNED THE PROPERTY; PRECATORY EXPRESSSIONS (I HOPE THEY WILL USE IT FOR...) ARE NOT SUFFICIENT |
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Term
| QUALIFICATOINS OF A TRUSTEE |
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Definition
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Term
| HOW DO YOU REMOVE A TRUSTEE FROM A TRUST |
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Definition
| MUST BE BY THE COURT - MAIN FACTOR IS: WHETHER CONTINUATION IN OFFICE WOULD BE DETRIMENTAL TO THE TRUST. |
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Term
| WHEN CAN A TRUSTEE DISCLAIM OR RESIGN? |
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Definition
| BEFORE ACCEPTANCE, TRUSTEE CAN DISCLAIM (MUST DISCLAIM ALL OF TRUST); ONCE ACCEPTED, TRUSTEE NEEDS A COURT ORDER TO RESIGN UNLESS ALL BENEFICIARIES CONSENT OR THE TRUST PROVIDES OTHERWISE |
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Term
| WHAT ARE 3 TRUST PROPERTY ISSUES? |
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Definition
| (1)EXISTING INTEREST IN EXISTING PROPERTY-FUTURE INTEREST MAY BE HELD IN A TRUST (MUST HAVE LEGAL EXISTENCE); (2)SEGREGATION--MUST BE CERTAIN AND IDENTIFIABLE; (3)INDEBTED PROPERTY--A DEBTOR CANNOT HOLD HIS OWN DEBT IN TRUST |
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Term
| BENEFIICIARIES QUALIFICATIONS |
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Definition
| (1)CAPACITY (PERSON, NATURAL OR ARTIFICIAL); (2)DEFINITE AND ASCERTAINABLE (MUST BE ASCERTAINABLE BY THE TIME THEIR INTERESTS ARE TO COME INTO ENJOYMENT--CLASS MUST BE REASONABLY DEFINITE AS WELL) |
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Term
| ARE INDIRECT BENEFICIARIES ACTUAL BENEFICIARIES? |
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Definition
| NO--THE TRUST MUST OPERATE DIRECTLY TO BENEFIT THE PERSON |
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Term
| WHEN CAN A BENEFICIARY ACCEPT BEING ONE? |
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Definition
| NO NOTICE OR ACCEPTANCE NEEDED BEFORE TRUST IS CREATED |
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Term
| 2 OTHER TYPES OF EXPRESS TRUST |
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Definition
| (1)INTERVIVOS TRUST (2)TESTAMENTARY TRUST |
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Term
| DEFINITION OF NON-EXPRESS PRIVATE TRUST |
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Definition
| TRUST ARISING AS A MATTER OF LAW--RESULTING TRUST (BASED ON PRESUMED INTENT OF SETTLOR)OR CONSTRUCTION TRUSTS(USED TO PREVENT UNJUST ENRICHMENT) |
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Term
| 3 TYPES OF RESULTING TRUSTS |
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Definition
| (1)PMRT;(2)FAILURE OF AN EXPRESS TRUST;(3)EXCESS CORPUS |
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Term
| PURCHASE MONEY RESULTING TRUST PRESUMPTION AND 4 EXCEPTIONS |
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Definition
| PRESUMED WHEN BENEFICIARY PROVIDES CONSIDERATION BUT ALLOWS TITLE TO BE TAKEN IN NAME OF TRUSTEE (2 EXCEPTOINS: CLOSE PERSONAL RELATIONSHIP BTWN PARTIES; UNLAWFUL PURPOSE;OBTAINED TITLE BY FRAUD; IF ONLY PART OF CONSIDERATION, ONLY PART OF THE PROPERTY IN RESULTING TRUST) |
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Term
| WHEN CAN AN EXPRESS TRUST BECOME A RESULTING TRUST? |
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Definition
| WHEN EXPRESS TRUST IS FOUND TO BE VOID OR UNENFORCEABLE OR BENEFICIARY IS DEAD OR CANNOT BE LOCATED? |
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Term
| WHAT BURDEN OF PROOF IS REQURED TO RECEIVE A CONSTRUCTIVE TRUST |
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Definition
| CLEAR AND CONVINCING EVIDENCE |
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Term
| 5 WAYS THAT GIVE RISE TO A CONSTRUCTIVE TRUST |
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Definition
| (1)THEFT OR CONVERSION OF CORPUS BY TRUSTEE (SOLD THE ITEMS); (2)FRAUD, DURESS; (3)BREACH OF FIDUCIARY DUTY; (4)HOMICIDE (KILLS BENEFICIARY); (5)BREACH OF PROMISE. |
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Term
| 3 DIFFERENCES BETWEEN CHARITABLE TRUSTS AND PRIVATE TRUSTS |
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Definition
| (1)CAN HAVE INDEFINITE BENEFICIARIES; (2)MAY BE PERPETUAL; (3)CY PRES DOCTRINE(WHEN PURPOSE IS IMPRACTICABLE, COURT MUST FIND ALTERNATIVE THAT FITS AS NEAR AS POSSSIBLE TO SETTLORS OG INTENT. |
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Term
| 5 MAIN TOPICS ON TRANSFER AND RESTRAINTS ON TRANSFER OF TRUSTS (SPENDTHRIFT TRUSTS) |
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Definition
| (1)ALIENABILITY (ABSENT RESTRICTIONS, A BENEFICIARY CAN TRANSFER HIS INTEREST); (2)INVOLUNTARY ALIENATION - ABSENT RESTRICTIONS BY TRUST-CREDITORS CAN GO AFTER BENEFICIARY INTEREST IN TRUST; (3)RESTRAINTS ON ALIENATION(SPENDTHRIFT)-PRECLUDES HTE BENEFICIARY FROM TRANSFERRING HIS INTEREST IN THE TRUST, CREDITORS CAN'T GET TO IT EITHER(EXCEPTOINS--CONTRACTS FOR NECESSITIES, CHILD SUPPORT, ANY INTEREST RETAINED BY THE SETTLOR, FEDERAL TAX LIENS); (4)DISCRETIONARY TRUSTS-UP TO TRUSTEE TO APPLY OR WITHHOLD PAYMENTS TO THE BENEFICIARY (CREDITORS HAVE THE SAME RIGHTS AS THE BENEFICIARY); (5)SUPPORT TRUSTS-TRUSTEE IS TO PAY SO MUCH INCOME OR PRINCIPAL AS IS NECESSARY FOR THE BENEFICIARY'S SUPPORT (CANNOT BE REACHED BY CREDITORS) |
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Term
| WHAT ARE THE TRUSTEE'S POWERS |
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Definition
| POWER IS LIMITED TO WHAT WAS EXPRESSLY CONFERRED BY THE TRUST INSTRUMENT, STATE LAW, AND COURT DECREE (AND IMPLIED POWERS TO CARRY OUT THOSE POWERS) |
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Term
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Definition
| (1)STANDARD OF CARE-EXERCISE THE DEGREE OF SKILL, CARE, AND CAUTION THAT WOULD BE EXERCISED BY A REASONABLY PRUDENT PERSON MANAGING HIS OWN PROPERTY; (2)DUTY OF LOYALTY-TRUSTEE CANNOT ENTER INTO ANY TRANSACTOINS IN WHICH HE IS DEALING WITH THE TRUST IN HIS INDIVIDUAL CAPACITY |
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Term
| POWER OF SETTLOR TO MODIFY OR TERMINATE TRUST |
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Definition
| THE POWER TO REVOKE IS ALSO THE POWER TO AMEND - MUST BE EXPRESSLY RESERVED IN TRUST DOCUMENT |
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Term
| 2 REQUIREMENTS FOR BENEFICIARY TO REVOKE OR AMEND TRUST |
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Definition
| (1)ALL BENEFICIARIES MUST CONSENT; (2)CANNOT FRUSTRATE ANY MATERIAL TRUST PURPOSE |
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Term
| DOES TRUSTEE HAVE POWER TO TERMINATE TRUST |
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Definition
| NO, UNLESS GIVEN POWER IN TRUST DOCUMENT |
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Term
| 3 REASONS WHEN CAN COURT TERMINATE TRUST |
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Definition
| TRUST PURPOSE IS (1)IMPOSSIBLE, (2)ILLEGAL OR (3)HAS BEEN COMPLETED |
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Term
| HOW LONG DOES AN ESTATE HAVE TO PROBATE A WILL BEFORE THE PRESUMPTION OF INTESTACY IS FINAL |
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Definition
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Term
| WHAT INTESTATE SHARE DOES A SURVIVING SPOUSE GET? |
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Definition
CP-THE 1/2 BELONGING TO THE DECEDENT
SP-IF NO SURVIVING ISSUE OR PARENTS, SPOUSE GETS ALL; IF NO ISSUE BUT SURVIVING PARENTS, 1/2 OF SP ESTATE; IF ISSUE, 1/2 OF SP ESTATE |
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Term
| WHAT INTESTATE SHARE DOES EACH CHILD TAKE |
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Definition
| IF NO SURVIVING SPOUSE--EQUALLY IF ALL OF THE SAME DEGREE OF KINSHIP; OTHERWISE, THOSE OF UNEQUAL OR MORE REMOTE DEGREE BY REPRESENTATION |
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Term
| WHAT INTESTATE SHARE DOES AN HEIR RECEIVE? |
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Definition
| IF NOT SURVIVED BY A SPOUSE OR ANY ISSU, THE ESTATE PASSES TOT HE DECEDNET'S PARENTS; IF NO PARENTS THEN TO THE ISSUE OF HTE DECEDENT'S PARENTS (DECEDENT'S BROTHERS AND SISTERS), IF NONE-THEN TO GRANDPARENTS, ETC. IF NO RELATIVES AT ALL, GOES TO STATE |
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Term
| WHAT HAPPENS IF TESTATOR FAILS TO PROVIDE FOR HIS CHILDREN? |
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Definition
| IF BORN OR ADOPTED AFTER EXECUTION OF WILL, THE OMITTED CIHLD WILL RECEIVE THE SHARE HE WOULD HAVE RECEIVED THROUGH INTESTATE SUCCESSION; |
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Term
| WHEN WILL A PERMITTED CHILD (WILL) NOT TAKE INTESTATE SHARE? (3 REASONS) |
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Definition
| (1)APPEARS THE OMISSION WAS INTENTIONAL; (2)AT EXECUTION, HAD ONE OR MORE CHILDREN AND GAVE EVERYTHING TO OTHER PARENT; (3)PROVIDED FOR THE CHILD OUTSIDE THE WILL |
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Term
| 3 REQUIREMENTS TO HAVE TESTAMENTARY INTENT |
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Definition
| (1)CAPACITY; (2)ABSENCE OF FRAUD; (3)ABSENCE OF UNDUE INFLUENCE |
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Term
| WHAT ELEMENTS SHOW CAPACITY IN TESTAMENTARY INTENT? |
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Definition
| (1)AT LEAST 18 YEARS OLD; (2)KNOWS THE NATURAL OBJECTS OF HER BOUNTY; (3)KNOWS THE NATURE OF THE TESTAMENTARY ACT |
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Term
| TWO TYPES OF FRAUD IN WILLS |
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Definition
| (1)FRAUD IN THE EXECUTION (FORGERY OR TESTATOR SIGNS INSTRUMENT BELIEVING IT TO BE NON-TESTAMENTARY; (2)FRAUD IN THE INDUCEMENT (WRONGDOERS MISREPRESENTATION AFFECTS DISPOSITION) |
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Term
| wHEN DOES A PRESUMPTION OF UNDUE INVLUENCE IN A WILL EXIST (4 ELEMENTS) |
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Definition
| (1)THERE IS A CONFIDENTIAL RELATOINSHIP; (2)THE WRONGDOER HAD ACTIVE PARTICIPATION; (3)THERE IS AN UNNATURAL RESULT; (4)WRONGDOER BENEFITS DIRECTLY OR INDIRECTLY |
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Term
| A VALID WILL MUST BE (3 ELEMENTS) |
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Definition
| (1)IN WRITING; (2)SIGNED BY THE TESTATOR OR SIGNED BY SOME OTHER PERSON IN THE TESTATOR'S PRESENCE AND AT HIS DIRECTION; (3)ATTESTED BY TWO WITNESSES |
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Term
| REQUIREMENTS FOR A HOLOGRAPHIC WILL (4) (VALID IN IDAHO) |
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Definition
| (1)SIGNED ANYWHERE; (2)MATERIAL PROVISIONS ARE IN THE TESTATOR'S HANDWRITING; (3)TESTAMENTARY INTENT CAN BE IN HANDWRITING OR SHOWN BY EXTRINSIC EVIDENCE; (4)DATES AND WITNESSESS ARE NOT NECESSARY; (5)ORAL WILL ARE NOT VALID IN IDAHO |
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Term
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Definition
| AN ADDITION OR AMENDMENT TO A WILL, REQUIRES SAME FORMALITIES AS A WILL |
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Term
| WHAT IS REQUIRED TO INCORPORATE A DOCUMENT INTO A WILL BY REFERENCE (2) |
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Definition
| (1)LANGUAGE OF WILL MANIFESTS AN INTENT TO INCORPORATE; (2)DESCREIBES THE WRITING SUFFICIENTLY TO PERMIT ITS IDENTIFICATION |
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Term
| IDAHO UPC ON INCORPORATING DOCUMENTS INTO A WILL BY REFERENCE (2) |
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Definition
| ALLOWS LISTS OF ITMES OF TANGIBLE PERSONAL PROPERTY IF: (1)IN THE HANDWRITING OF THE TESTATOR OR SIGNE DBY HIM; AND (2)DESCRIBES THE ITEMS WITH REASONABLE CERTAINTY |
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Term
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Definition
| (1)REVOCATION BY LAW; (2)REVOCATION BY WRITTEN INSTRUMENT; (3)REVOCATION BY PHYSICAL ACT; (4)REVIVAL OF REVOCATION; (5)DEPENDANT RELATIVE REVOCATION |
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Term
| TWO WAYS TO SATISFY A REVOCATION OF A WILL BY LAW |
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Definition
| (1)MARRIAGE FOLLOWING EXECUTION OF WILL (UNLESS IT APPEARS FROM THE WILL THAT THE OMISSION WAS INTENTIONAL OR TESTATOR PROVIDED FOR SPOUSE OUTSIDE OF WILL); (2)DIVORCE: REVOKES ALL PROVISIONS IN WILL IN FAVOR OF FORMER SPOUSE |
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Term
| HOW TO REVOKE A WILL BY PHYSICAL ACT |
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Definition
| BURNING, TEARING, CANCELING OR OBLITERATING; INTENT MUST BE CONCURRENT WITH THE ACT |
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Term
| DEFINITION OF DEPENDANT RELATIVE REVOCATION |
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Definition
| TESTATOR REVOKES HIS WILL UNDER THE BELIEF THAT ANOTHER DISPOSITION OF HIS PROPERTY WOULD HAVE BEEN EFFECTIVE (OTHERWISE HE WOULD NOT HAVE REVOKED HIS WILL) |
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Term
| ELECTIVE SHARE STATUTES IN IDAHO--WHAT DOES IT GIVE SURVIVING SPOUSE? |
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Definition
| GIVES THE SPOUSE AN ELECTION TO TAKE A STATUTORY SHARE OF HTE DECEDENT'S ESTATE INLIEU OF TAKING UNDER THE DECEDENT WILL |
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Term
| WHAT MUST SPOUSE DO TO USE HER ELECTIVE SHARE (IN IDAHO) |
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Definition
| MUST MAKE ELECTOIN WITHIN 9 MONTHS AFTER DECEDENT'S DEATH OR 6 MONTHS AFTER FILING PETITION FOR PROBATE, WHICHEVER IS LATER |
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Term
| WHAT IS THE AMOUNT OF THE ELECTIVE SHARE A SPOUSE CAN GET |
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Definition
| 1/2 OF THE TOTAL QUASI-COMMUNITY PROPERTY (ALL PERSONAL PROPRETY, ALL REAL PROPERTY IN IDAHO WHILE DOMICILED ELSEWHERE) |
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Term
| SUBSIDIARY PROBLEMS COMMON TO INTESTACY SUCCESSOIN AND WILLS (5) |
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Definition
| (1)SIMULTANEOUS DEATH(A PERSON MUST SURVIVE 120 HOURS TO BE ABLE TO INHERET), (2)RENUNCIATION, (3)KILLER OF DECEDENT(NOT ENTITLED), (4)ADVANCEMENTS(TREATED AS SUCH ONLY IF DECLARED BY DECEDENT IN A CONTEMPORANEOUS WRITING OR ACKNOWLEDGED BY HEIR), (5)SATISFACTION OF DEVISES (MUST SHOW 3 THINGS: 1-THE WILL PROVIDES FOR A DEDUCTION OF THE LIFETIME GIFT, 2-TESTATOR DECLARES IN A CONTEMPORANEOUS WRITING THAT IT IS TO BE DEDUCTED OR 3-DEVISEE ACKNOWLEDGES IN WRITING THAT GIFT IS IN SATISFACTION |
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Term
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Definition
| WHEN THE BENEFICIARY PREDECEASES THE TESTATOR (ANTI-LAPSE STATUTES LET BENEFICIARY ISSUE TAKE BY REPRESENTATION (MUST HAVE A CLOSE RELATIONSHIP TO DECEDENT) |
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Term
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Definition
| ONLY MEMBERS WHO SURVIVE THE TESTATOR TAKE |
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Term
| WHEN DOES ADEMPTION APPLY |
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Definition
| ONLY APPLIES TO SPECIFIC DEVISES AND BEQUESTS (IF SPECIFIC PROPERTY NO LONGER IN CONTROL OF THE DECEDENT, BENEFICIARY GETS NOTHING) |
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Term
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Definition
| THE PROCESS OF REDUCING TESTAMENTARY GIFTS WHERE ESTATE ASSETS ARE INSUFFICIENT TO SATISFY ALL BEQUESTS AND DEVISES. |
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Term
| PRIORITIES OF ABATEMENT IN WILLS (FROM THOSE WHO ABATE FIRST TO THOSE WHO ABATE LAST) |
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Definition
| (1)PROPERTY PASSING BY INTESTACY; (2)THE RESIDUARY ESTATE; (3)GENERAL LEGACIES; (4)SPECIFIC BEQUESTS |
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