What are the four forms of authority?
What consent is needed to create an agency relationship?
What are the three ingredients of an agency relationship?
What is ratification?
When is an agent liable in contract?
What is the difference between an "exclusive" and a "nonexclusive" broker's contract
Can a non-licensed broker enforce a claim for commission?
When is a principal liable for the torts of its agent?
What are the two exceptions for tort liability of a principal when there is no employment relationship?
What is the difference between a frolic and a detour?
When is an employer liable for intentional torts?
What if an employee trip has both a personal and a business purpose?
Is commuting within the scope of employment?
What are the Neumeier Principles?
What is the classical choice of law approach?
What is the difference between "conduct" laws and "damages" laws?
What is interest analysis?
Does NY have a dram shop law?
A NY plaintiff purchases a ticket and then boards an aircraft from NY to MA. The plane crashed in Massachusetts. The plaintiff's family brings a wrongful death action.
NY has an unlimited recovery for wrongful death
MA has a $15,000 damages cap for wrongful death
What law applies?
NY has an unlimited recovery for wrongful death
MA has a $15,000 damages cap for wrongful death
What law applies?
What are the three exceptions to an express choice of law provision in a contract?
What are the $ minimums for the NY General Obligations Law?
What law governs automobile insurance policies?
NY unlicensed real estate broker alleges an oral "finder's fee" agreement from a NJ corporation. NJ corporation has many NY contacts. The oral agreement was alleged to have taken place in NJ.
The broker sues in NY court to enforce the fee. NY law does not allow oral contracts on these facts; NJ law does. What choice of law?
The broker sues in NY court to enforce the fee. NY law does not allow oral contracts on these facts; NJ law does. What choice of law?
What are three fallback exceptions to applying the law of a foreign jurisdiction?
What is the choice of law for real estate?
What is the choice of law for inter vivos transactions of personal property?
What choice of law for personal property passed via death?
What choice of law for real property passed via death?
What is the principle of comity?
What are the rules pertaining to NY real estate agents?
What are the rules pertaining to options without consideration?
When can the offeror revoke a unilateral contract offer in NY?
When is moral consideration binding?
What are the three additional categories of contracts within SoF?
Is suretyship within SoF in NY?
A orally contracts with B that A will visit B once a month for the remainder of B's life for a price of $50/week. Within statute of frauds?
A contracts with B for B to paint A's house. B does so. B then gratuitously signs a release that A will not have to pay. Valid?
When does a gratuitous assignment become irrevocable?
When does NY have criminal jurisdiction over an out of state defendant?
What are the NY requirements for a warrant informant?
What is the NY indelible right to counsel?
When does NY provide a right to counsel in pre-charge lineups?
What are the elements of issuing a bad check?
Can a single defendant be convicted of conspiracy in NY?
Are there any special rules for conspiracy when a co-conspirator testifies?
A, B and C conspire to rob a bank. However, on the day of, A gets extremely sick and does not participate; only B and C actually rob the bank. During the bank robbery, B intentionally kills a police officer while B and C are fleeing the bank. Who is guilty of what?
What is the difference between a "defense" and an "affirmative defense"?
What is the insanity defense standard in NY?
What are the NY rules regarding alibi?
When must a D provide notice of insanity defense?
What is the NY standard for inefective assistance of counsel?
What are the rules in NY for character witnesses?
What are the NY rules for victim's past behavior in rape cases?
What are the special evidentiary privileges recognized in NY?
When is an inference permitted for failure to call a witness?
When can a life tenant undertake beneficial (ameliorative) waste in NY?
What is the difference between executory interests and contingent remainders in NY?
What RAP reforms has Ny adopted?
What are the NY rules regarding residential tenant assignment and sublease?
What are the rules for adverse possession in NY?
Who bears the risk of loss in real estate transactions in NY?
Do easements prevent marketable title in NY?
What type of recording statute does NY have?
Does NY follow lien theory or title theory?
Does NY have a stautory redemption?
What is prima facie tort?
Does NY have a duty to retreat before deadly force?
What are the elements of negligent misrepresentation?
What are the NY rules for NIED?
What is a doctor's standard of care when he undertakes a rescue?
What is NY stance on P's contributing negligence?
What is NY's permissive use statute?
Does NY impose vicarious liability to parents for children?
Can a child sue his parent for negligent supervision?
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?
T, trustee of ABC Trust, signs as "T, trustee of ABC Trust". Is T personally liable?
Trust pays A income for life, residuary to B. The Trust initially has assets of $1,000,000 invested in a diversified stock portfolio, and T, the trustee has been making income payments of $30,000 per year to A. However, the past year has been a great year, and the principal amount increases to $1,400,000 due to a great year in the stock market, exclusively as capital gains growth (eg the stock prices rise). At common law, capital gains are allocated to principal, not income. However, T thinks that the income payments to A should be increased to $40,000 per year in the interests of fairness. B sues T for misallocating the capital gains to income. Result?
T is trustee for two trusts, A and B. A has a plethora of overly risky assets, while B has a plethora of overly safe assets. He thus trades some assets from A and B, so that both trusts are appropriately balanced. May he do so?
T is trustee of a $1,000,000 trust created by a will. T thinks that he will maximize the overall return on trust assets by investing in the stock market. The income beneficiary sues to stop T, arguing that the stock market investment will subject her lifetime income interest to too much risk. Result?
What are the three major duties of the trustee?
What are the five formalities of trust creation?
What are the default rules for revocability?
What is an exception to the res requirement?
What is a totten trust?
What are the rules for a power of attorney?
What is cy pres doctrine for charitable trusts?
What are the two types of non-person beneficiary trusts recognized in NY?
What is a resulting trust?
When does an oral trust of land become a constructive trust?
What are the rules for spendthrift trusts?
What are the spendthrift exceptions?
Can a settlor also named as beneficiary obtain spendthrift protection?
If all beneficiaries consent, can a trust be terminated?
Can an irrevocable trust ever be revoked?
Can an incompetent ever agree to revocation?
If the trust comes with an invasion power (eg income to B, with ample provision for her lifestyle and support), when should the trustee invade the principal if B requires a distribution for lifestyle and support?
What is the NY statute governing wills and estates?
Grannie, a widow, dies intestate with 4 children, A, B, C, and D. She was predeceased by B, who had 3 children, Gabbie, Gatsby, and Ginger, and D, who had 2 children, Ger and Gus. A has a son, Gary. Upon Grannie's death, who gets the property?
Little orphan Annie dies of cancer on her 18th birthday. She is survived by her sisters, Sally and Sarah, the son of her dead brother, and her maternal grandparents. Who gets the property?
Grandpa dies leaving a will that provides that his property will go to "the issue of my daughter, Danielle." Danielle had 3 children, A, B, and C. C had already died, but left behind 2 children, G1 and G2. B had also died, as did her 1 child, G3. G3 left GG1 and GG2 behind, who live. Who gets Grandpa's property?
Princess Diana died and Prince Charles marries Camilla. Assume Camilla adopted William and Harry, Diana's sons with Charles. William, Harry, and their issue will inherit from:
V dies, having had two children A and B. A had two children, G1 and G2. B had a daughter, G3. A died last year, and his children were adopted by B. Who gets V's property, assuming V dies intestate?
V dies of old age intestate. V had three children, A and B, by birth, and C, by adoption. A and B each had one child, G1 and G2, respectively. C's birth parents had abandoned him at birth due to his congenital illness, which caused him to die under V's care at age 25. C's mother was V's sister. C had two children, G3 and G4. Who inherits and in what proportion?
What are the 4 ways to establish paternity of a non-marital child, so that the child may inherit from the father?
What circumstances disqualify a surviving spouse from taking an intestate share and how do we treat the spouse?
Joseph and Mary have three children, Jesus, Jacob, and Harold. Mary also had two children from a previous marriage, Lucifer and Michael. Joseph dies intestate, leaving $350k. Who gets his property? What if he and Mary got divorced?
Joseph, a widower, had two children, Lucifer and Jesus. While he was alive, he gave $100k and a new car valued at $30k to Jesus. He wrote Jesus a contemporaneous, signed letter stating that this was an advance on his inheritance. Shortly thereafter, he dies, leaving an estate worth $300k. What do Lucifer and Jesus get?
June, a widower, dies intestate leaving an estate valued at $500k. She had two children, Beaver and Ginny. Beaver had two children, G1 and G2. Ginny had 1 child, G3. Beaver, who had done well for himself, filed a signed document 10 months later with the Surrogate Court that stated that he irrevocably disclaimed all his title in June's estate. Who gets June's property?
June, a widower, dies intestate leaving an estate valued at $500k. She had two children, Beaver and Ginny. Beaver had two children, G1 and G2. Ginny, who was dead, had 1 child, G3. Beaver, who had done well for himself, validly disclaimed all his title in June's estate. Who gets June's property?
What is the 7 point test for a valid will?
Debra dies, leaving twins, T1 and T2. T1, the executor, goes to probate court to probate her will. The will is not self-proved by a self-proving affidavit. However, 1 witness refuses to testify. The other is available to help prove due execution. Is 1 witness enough here?
What is an Attestation Clause?
What is the order of "abatement" where there are more claims against the state than there are assets?
Lena dies of old age. Her estate is worth $390k at death, but she still has $150k in law school debt. She left her boat, worth $50k, to her husband, Kevin. In her will, she left $200k to her "son Lee and his issue." Lee predeceased Lena, leaving 3 kids, Min, Lulu, and Amy. She left $100k from her account at Citibank to her daughter, Grace. She left no mention of the residuary. Who gets what?
What are the three situations in which specific gifts will not adeem?
At death, LaShawn leaves a will that states that the executor must "pay all of my debts right after my death before the remainder is distributed." He then devises his house and his residuary estate. His house is encumbered with a $100k remaining mortgage. Is the recipient of his house entitled to get it free of the lien?
Lilly validly executes a will that says:
(1) My furniture to Marshall
(2) 100 shares of IBM stock to Robin
(3) 20 shares of my small art business's stock to Ted
(4) 40 shares of Google stock to Barney.
Etc...
Upon her death, the first three of these bequests were already sold. The fourth splits 2 for 1. Who gets what?
(1) My furniture to Marshall
(2) 100 shares of IBM stock to Robin
(3) 20 shares of my small art business's stock to Ted
(4) 40 shares of Google stock to Barney.
Etc...
Upon her death, the first three of these bequests were already sold. The fourth splits 2 for 1. Who gets what?
The testamentary substitutes for the elective share of a testator's spouse are:
H leaves:
(1) A probate estate of 200, of which 50 is given to W directly
(2) Totten trust for A of 100
(3) Gift of 20k made 13 months before death
(4) Joint bank account with B of 100, in which H contributed 80% of funds, made during marriage
(5) Joint tenancy with W of 100
(6) Joint bank account with D of 50, in which H contributed all the funds before the marriage.
What does W get?
(1) A probate estate of 200, of which 50 is given to W directly
(2) Totten trust for A of 100
(3) Gift of 20k made 13 months before death
(4) Joint bank account with B of 100, in which H contributed 80% of funds, made during marriage
(5) Joint tenancy with W of 100
(6) Joint bank account with D of 50, in which H contributed all the funds before the marriage.
What does W get?
Does an elective share trust that gives a surviving spouse a life estate whose principal is greater than 1/3 of the estate and $50k outright satisfy the survivor's elective share right?
As a jurisdictional issue, when does a surviving spouse have a right to election?
In addition to the elective share, what is a spouse surviving a testator entitled to?
What kind of power of appointment is also a testamentary substitute for elective share purposes?
Yar dies, leaving a will that devises property in trust, "Income to my husband Data for life. He may appoint the trust principal to anyone during his life or by will." Data does not exercise his POA during his life, but states in his will, "Income to my daughter Laal for life, then to my friend Wesley's children upon reaching age 21, until they reach age 40. At that time, the principal shall be paid to Wesley's children equally." Wesley had no children yet. Does this violate RAP or the Suspension Rule?
Picard leaves the Starship Enterprise to Riker in his will. During his life, he was the captain of both the Enterprise C and Enterprise D. No one pointed this out until after his death. Will extrinsic evidence be allowed to clarify the meaning of Picard's words? What kind?
What is required to show testamentary capacity?
What is required to show an undue influence on the testator in making his will?
If testator bequeaths property to the drafting attorney:
What is the New York treatment of no-contest or "in terrorem" clauses in wills?
X,Y,Z are witnesses to T's will. Z gets 1/2 of Blackacre in the will. What result?
X and T's wife W are witnesses to T's will. In the will, W gets $1000. If T were to die intestate, W gets $50,000. What result?
X Y are witnesses to T's will. Y gets T's car in the will. What result?
T's will is invalid in California, where he executed it. The will is also invalid in NY. But it is valid in Montana, where he is domiciled. T dies in NY while on vacation. Can it be admitted to probate in NY?
T executes a will in California that is valid in CA but invalid in NY. The only specific bequest is "my Porsche to my brother Billy". The residuary goes to T's mother Sally.
Billy predeceased T, but has a son Bobby. California does not have an anti-lapse statute, but NY does. Who gets the Porsche, if offered for probate in NY?
Billy predeceased T, but has a son Bobby. California does not have an anti-lapse statute, but NY does. Who gets the Porsche, if offered for probate in NY?
T, a NY domicilliary, is a sailor in the US Navy. He writes a holographic will in 2005. T dies while serving, but the holographic will is found. Can admit to probate in NY?
Can a beneficiary sue a negligent estates lawyer?
T executes Will X in 2002, which makes a full disposition of his property. T executes Will Y in 2004, which makes a full disposition of his property. T burns Will Y in 2005. Which will applies upon death?
T writes Will X in 2002. T writes "i cancel this will" on every page at the top and bottom. Does Will X apply?
What are examples of physical acts of revocation?
T writes Will X in 2002. He gives a copy to each witness. He asks his wife to burn the original for him in 2003 while they are at dinner. W does so. T dies 3 years later. Result?
T executes Will X in 2002. Will X simply states " All property to my lover, L". T executes Will Y in 2004. Will Y states "My stamp collection to C". Who gets what on T's death?
T executes Will X in 2005. The will contains 3 bequests. "my car to Samantha" , "my computer collection to Bob" and "Blackacre to Willy". There is also a residuary clause that points to Hank. In 2006, T crosses out the first two bequests to Samantha and Bob, and writes in the margin "it is my intent that these bequests are cancelled. Please do not give any property to Samantha and Bob". Result on T's death?
What happens if T's Will cant be found after death?
What happens to text located after T's signature?
T executes Will X in 2005. Will X states "everything to my lover, Marissa". T executes Will Y in 2006. Will Y states "revoke Will X. everything to my brother Bobby". T burns Will Y in 2008. T executes a codicil that states "As an amendment to my Will of 2005, I would like to make a specific bequest of my car to Susie". Result?
T hates his children, and aims to disinherit. T executes Will X in 2005, and gives "everything to the american cancer society". T later changes his mind, and executes Will Y "everything to New York University, for cancer research". T then, once again, changes his mind, and burns Will Y (although there is a copy at his attorney's office). T thinks Will X will apply, and the money will go to the American Cancer Society. What result?
T leaves Blackacre "half to A, half to B as tenants in common".
A, T's cousin, has a child, Xerath.
B, who is T's brother, has a child Susie.
A and B both predecease T. Result?
A, T's cousin, has a child, Xerath.
B, who is T's brother, has a child Susie.
A and B both predecease T. Result?
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?
T has a birthchild S who has since been adopted by X and Y, nonrelatives. In T's will, T leaves Blackacre to S. S predeceases T, leaving M as issue. Who gets Blackacre?
T leaves Blackacre to A B and C as joint tenants. A and B are T's two children. C is T's best friend.
C predeceases T, and B predeceases T without issue. Who gets Blackacre?
C predeceases T, and B predeceases T without issue. Who gets Blackacre?
T leaves Blackacre to X and Y, his two children. X predeceases T, leaving N as issue. Who gets blackacre?
T leaves Blackacre "to my friend A's children". A has X,Y and Z as children. Z predeceases T, leaving M as issue. Who gets Blackacre?
T leaves Blackacre "to A's children". A has X and Y when T dies on 01/01/2000. A also has Z, who is born on 06/01/2000. A also has W, who is born on 06/01/2003. Who gets Blackacre?
What is RUSDA?
X and Y die in a plane crash on the way to California, two friends. X has no spouse, and has two children. X also has two living parents. Y has no spouse or children, and no parents, but has a sister Dorothy.
X's Will states "1/2 my estate to Y, 1/4 to Z, 1/4 to my children".
Y's Will states "my entire estate to X".
Result?
X's Will states "1/2 my estate to Y, 1/4 to Z, 1/4 to my children".
Y's Will states "my entire estate to X".
Result?
X and Y die in a plane crash on the way to California, two friends.
X and Y own Blackacre as a joint tenancy with right of survivorship. This is their sole property, for both of their estates.
X's will states "everything to N"
Y's will states "everything to M"
result?
X and Y own Blackacre as a joint tenancy with right of survivorship. This is their sole property, for both of their estates.
X's will states "everything to N"
Y's will states "everything to M"
result?
H and W are married. H's W states "everything I own, now and hereafter, to the love of my life W". Three years later, H and W divorce. H then dies. Result?
H and W are married. H's W states "everything I own, now and hereafter, to the love of my life W". Three years later, H and W sign a separation agreement. H then dies. Result?
H and W are married. H's will states "Blackacre to W". W predeceases H. W leaves X and Y as issue. Who gets Blackacre?
Are fiduciary appointments affected by divorce revocation (eg name H as executor, then divorce)?
H and W share a joint bank account worth $5,000. H and W divorce. H later dies. Does H's estate have any interest in the joint bank account?
H has X,Y as children when he executes Will N in 2005. H later has Z and W as children. H dies in 2010, without changing Will.
Will N states "i hate my children, and have intentionally left them from this document. my entire estate to the American Cancer Society".
result?
Will N states "i hate my children, and have intentionally left them from this document. my entire estate to the American Cancer Society".
result?
T gives a gift of $500,000 in equal shares to X and Y in his Will. X and Y are his two children alive at the time of execution. After the Will was Executed, T has A,B,and C as children. Result?
T is a lonely soul, who has no spouse or children. His sole sibling is his brother S. T's will states "All my property to my trusty dog, Ralphie. In any case, nothing to my parents, whom I hate with all my soul". T is survived by S and his two parents, X and Y.
Result?
Result?
What are the requirements for an inter-vivos transfer to constitute satisfaction?
T executes a will in 2005. The will states "$50,000 to my friend Charlie. Remainder to my children". Charlie is in need of medical expenses, so T pays Charlie $25,000. They both sign a writing at the time of transfer stating that this will be an advance on the future gift in my Will to Charlie. Result?
T's Will states "Please give out my tangible personal property in accordance with the memorandum in the safe in my office". Result?
T's Will states "my car to X" as one of the bequests. At the time of execution, T has a Honda. T later decides he wants to get a BMW so that he can better enjoy road trips, and trades in his Honda. T dies on one of his road trips. What does X get?
T's Will states "my tangible personal property in the living room to X, everything else to Y". After executing the Will, T decides that he would rather Y get his famous painting than X. T thus moves the famous painting to the dining room. Result?
T has two siblings, X and Y. T's boyfriend is Henrique. T has parents N and M. T has no spouse. T had a birth child, R, whom he loved very much, but T gave R up for adoption. T visits R every once in a while, and keeps in touch.
X has two children, A and B. Y has three children, J, K , and L. A has two children, D and E. B has one child, Z.
A,B, X,Y, Henrique and T all die while on vacation in the Bahamas.
T's will states:
(1) $500,000 to my brother, X.
(2) $100,000 to my friend, M.
(3) $50,000 each to my two nephews, A and B.
(4) $25,000 to my cat, Fifi.
(4) Residuary to my best friend and lover Henrique.
(5) In the event of any lapse, nothing is to be given to my parents, who I hate with all my heart.
Result?
X has two children, A and B. Y has three children, J, K , and L. A has two children, D and E. B has one child, Z.
A,B, X,Y, Henrique and T all die while on vacation in the Bahamas.
T's will states:
(1) $500,000 to my brother, X.
(2) $100,000 to my friend, M.
(3) $50,000 each to my two nephews, A and B.
(4) $25,000 to my cat, Fifi.
(4) Residuary to my best friend and lover Henrique.
(5) In the event of any lapse, nothing is to be given to my parents, who I hate with all my heart.
Result?
X's Will states "Blackacre to K, Residuary split three ways between my two sons A and B and my best friend, C". X was married to S at the time of his death, but S has waived her elective share.
A and C predecease X; A leaves one daughter, Dorothy, as issue. Who takes what?
A and C predecease X; A leaves one daughter, Dorothy, as issue. Who takes what?
A will leaves a gift of $50,000 to a pre-existing inter-vivos trust. Valid?
What are the three exceptions to the general rule that incorporation by reference is not permitted?
X takes out a mortgage from Bank A on Blackacre. X devises Blackacre to S in his will. X then dies. S refuses to make payments for six months, stating he is the owner outright because of the doctrine of exoneration. The Will is silent with regard to exoneration. Bank A would like to foreclose. What result?
What happens to a necessary subordinate mortgageholder if not joined to a foreclosure action?
Will executed in 2000, gives gift to the "Mary Smith Trust". Mary Smith Trust is not created until 2002. Is the gift valid?
What are the eight categories of potential collateral under Article 9 of the UCC?
What are the three requirements of attachment?
A gives B a loan for $50,000, with B's Television as collateral. A takes possession of the TV. No contract is signed. Valid attachment? Valid perfection?
A buys a new television from Best Buy, with Best Buy loaning the purchase price of $1,000. The purchase contract states that Best Buy has a collateral security interest in the television. Best Buy does not file any document in the public records. Later, A takes out a loan from Bank for $500 with the TV as specified collateral. The Bank files notice of the security interest in the public records.
A declares bankruptcy. Who gets the TV?
A declares bankruptcy. Who gets the TV?
What are the three requirements of a financing statement filed with the public records?
Does a financing statement need to be signed by the debtor?
ABC Inc. is a registered California corporation. ABC Inc. owns a forest in Montana on property called Blackacre. Bank loans ABC Inc. $50,000, with collateral specified as inventory now and hereafter acquired. Credit Union loans ABC Inc. $100,000 with collateral specified as timber harvested from Blackacre. Where should the financing statements be recorded geographically?
List the priority order: (1) Non-Ordinary course Buyer (2) General Unsecured Creditor (3) Attached Unperfected Creditor (4) Buyer in Ordinary Course (5) Lien Creditor (6) Perfected Attached Creditor
A takes out a loan from Bank for $100,000, A's luxury automobile as security on February 1st. Bank files a financing statement on March 1st. A then takes out a loan from Credit Union for $25,000, A's luxury automobile as security on February 15th. Credit Union files financing statement on March 30th. A goes bankrupt. Who takes luxury automobile?
What is AACF? What is PMSI
Who wins, AACF or PMSI, when PMSI files after but both have properly filed?
What happens if debtor goes bankrupt, but the collateral is not large enough to satisfy the debt?
A loans X $50,000 with X's car as collateral. X goes bankrupt. A takes X's car, and sells to his brother for $5,000. X's car is worth $30,000 on the free market. What is the proper deficiency amount?
When is the debtor's right of redemption cancelled?
What is the amount debtor must pay to redeem?
What are the five steps of a secured transaction analysis?
What is a negotiable instrument?
What is a promisssory note?
What is the draft?
"$1000 to X from my checking account". Promissory note or draft?
Who are the parties of the draft?
What is the indorser?
What are the seven requirements of a negotiable instrument under Article III?
Who must sign a negotiable instrument for it to be valid?
Who are the parties to a promissory note?
"I promise to pay to the order of X $1000, if X loses 10 pounds". What type of negotiable instrument is this?
"I order my bank to pay to the order of X $1000 subject to X's performance in accordance with our painting contract" What type of negotiable instrument is this?
I promise to pay to the order of $1000. This note is secured by a security interest in collateral described in our security agreement.
I promise to pay to the order of X my sales commissions from the upcoming month. What negotiable instrument?
I promise to pay to the order of X $50,000 plus interest from Dec 1st. What negotiable instrument?
What is currency?
I promise to pay to the order of X $5,000 and my automobile. Negotiable?
What is on demand?
I promise to pay X $5,000 on or before June 1st. Negotiable?
I promise to pay to the order of X $6,000 on June 1st, but if X loses 10 pounds in the interim, immediately payable on demand. Negotiable?
Payable when my first grandchild is born. Negotiable?
I promise to pay to the assigns of X $5,000 on June 1st. Negotiable?
What does "payable to bearer" mean?
I promise to pay to cash $5,000. negotiable?
I promise to pay to X $5,000. negotiable?
When can a creditor use self-help repossession?
A loans B $10,000, collateral specified as B's automobile. A shows up at B's property with a tow truck, and hooks up B's auto to the tow truck. A says "hey, please don't take that car away". B takes it anyway. May A sue B?
What is a writ of replevin?
What is strict foreclosure? What are the requirements of strict foreclosure?
What happens if the maker does not pay a promissory note?
Can an indorser be liable on a draft?
Can the bank be sued by a holder for failure to perform on a draft?
What do the words "without recourse" do?
What is warranty liability?
A signs a check payable to the order of B in the amount of $1000 and gives to B for value. B signs and gives to C for value. Can C sue A?
What are the five warranties made by transferor signing?
What is "duly negotiated"?
What is "duly negotiated" when it says "payable to order"?
"Payable to order of X, $1000". Y finds it, and cashes it. Is Y holder?
What are the three types of indoresement?
How does a holder qualify as a holder in due course
What is the difference between "value" and "consideration"?
What is "arrears"?
A fraduluently sells B a fake antique. B pays with a $5,000 check. A then sells the check to C after proper indorsement for $5,000 cash. C does not know about the fraud. Can C be a holder in due course?
A is a director of closely held corporation ABC Inc. A buys a luxury auto for himself, paying with a check addressed to "ABC inc.". The car dealer asks if A is authorized to do the transaction, and A says yes. A is not authorized. Is car dealer holder in due course?
Does HDC have the shelter rule?
What are the benefits of HDC?
What are the real defenses that can screw over an HDC?
Maker writes check for $100 payable to X. X adds a couple zeros, and pays for a new ferari for $100,000 by indorsing the check. is car dealer HDC?
What is fraud in the factum or real fraud?
What are the 6 duties of a drawee bank?
What must a bank do if it mistakenly honors a forged check?
Who can a bank sue if it needs to recredit an account?
What are examples of drawer's negligence?
What is the 60% rule?
What are the rules pertaining to a foreclosure sale?
can a secured party buy the goods at the sale?
What rules apply when litigating in NY Supreme Court?
What claims can be litigated in NY Supreme Court?
What are two situations in which removal "upward" to the Supreme Court is required?
When is removal "downward" possible?
Can a NY resident sue a foreign (non-NY) corporation in NY court?
ABC Inc and XYZ Inc sign a 5 year contract for ABC to sell $20 million of widgets to XYZ. ABC is a Wyoming corporation. XYZ is a Montana corporation. Neither does business in NY. The contract has a choice-of-law provision choosing NY law, and each party agrees to submit to jurisdiction in NY in the agreement.
Two years later, ABC breaches the contract. XYZ sues in Erie Supreme Court. May the court hear the case?
Two years later, ABC breaches the contract. XYZ sues in Erie Supreme Court. May the court hear the case?
B batters A in a bar fight in Albany on February 1st, 2011. A files process with an appropriate court clerk in the Albany Justice Court on January 28th, 2012. A's attorney serves process personally to B on February 10th, 2012. B moves to dismiss on statute of limitations grounds. Result?
B batters A in a bar fight in Albany on February 1st, 1980. A sues and wins a judgment of $10,000. A realizes B does not have sufficient assets, so he declines to enforce the judgment right away. 16 years later, B is a successful hot dog salesman in Manhattan, and has over 10 hot dog carts. A sees B's new fortune, and then elects to enforce his judgment against B at that time. Is A barred?
B rapes A on Jan 1, 1990. A is scared to report the rape, and does not do so until February 15th, 1995 on urging by her therapist. B is charged criminally on February 20, 1995. B's trial begins on June 1, 1995. The trial lasts about three months, and ends on August 25, 1995 in a guilty verdict. Empowered by her therapist, A decides she would additionally like to pursue civil charges. A thus files a battery claim on January 15th, 1998.
(1) Was the criminal trial time-barred?
(2) Is the civil claim time-barred?
(1) Was the criminal trial time-barred?
(2) Is the civil claim time-barred?
A and B sign a contract for A to sell 100 widgets per year for 3 years to B on Jan 1, 2000. Two years into the agreement, A breaches, and does not manufacture the widgets. B does not institute a suit until Jan 15, 2005. Is B's claim proper?
What is the statute of limitations for legal malpractice?
A, a doctor, performs an appendix removal on B on Jan 1, 2000. A inadvertently leaves a scalpel in B while doing so, and the scalpel subsequently cuts open B's stomach, causing massive injuries. B notices the stomach injuries when his tummy hurts on February 1, 2004. He consults with a primary care physician who discovers the scalpel on February 15, 2004. B sues A on January 10, 2005. What result?
A hires B as his attorney in a battery claim. The trial begins on December 1, 2004. On December 5, 2004, B shows up completely intoxicated when he is supposed to question a key witness. His questioning is terrible, and causes A to lose the case. The trial ends on January 1, 2005.
A few years later, A decides to give B a Christmas present, and files process for a legal malpractice claim on December 21, 2007 and has his attorney serve process on Monday, December 25th, 2007. What result?
A few years later, A decides to give B a Christmas present, and files process for a legal malpractice claim on December 21, 2007 and has his attorney serve process on Monday, December 25th, 2007. What result?
In 1990, S sells B a "time capsule" for $3,000 in which S has supposedly put many precious tokens of the 1980's. The capsule is sealed, hiding the contents. B wants to keep the capsule locked up until his newborn son is 10, and tells S this fact. In fact, S has put nothing in the box at all. In 2000, B and his son open the empty capsule on the son's 10th birthday, only to find the capsule is empty. B sues S in 2003. Result?
Bank loans A $10,000 on January 1st, 1990. A goes into default, and Bank starts pestering him to repay. On the phone in 1993, A promises to repay the debt, but never does so. Bank brings a lawsuit in 2000. Result?
A sues ABC Inc. for negligence on 01/01/2000 when a crane drops the ball on him while strolling down the street. The trial lasts for 1.5 years, and ends on 06/01/2001 with a judgment of $100,000 for A. ABC Inc. pays the judgment on 06/15/2001. The crane was sold by XYZ Inc. to ABC Inc. on 01/01/1990.
On 06/10/2007, ABC Inc. realizes it was actually the negligence of XYZ Inc., the seller of the crane, that caused the injury, and promptly files an indemnity claim on the same day.
(1) Indemnity claim proper?
(2) Additionally, could A have sued XYZ Inc. for breach of warranty?
On 06/10/2007, ABC Inc. realizes it was actually the negligence of XYZ Inc., the seller of the crane, that caused the injury, and promptly files an indemnity claim on the same day.
(1) Indemnity claim proper?
(2) Additionally, could A have sued XYZ Inc. for breach of warranty?
A catholic priest rapes a 12 year old boy on Jan 1, 1990. No one believes the boy, and the priest is acquitted of criminal charges on Mar 1, 1990. The boy brings suit for a civil claim of battery on August 1, 2000. Proper?
What is the statute of limitations for suing a school district?
A viciously batters B on 01/01/1990. A dies on 10/01/1990. B sues A's estate in a civil suit on 03/01/1991. Proper?
Who can serve litigation papers?
What are the various methods for service of process?
Is personal service proper on a defendant that is aged 15?
How does P serve litigation papers to a NY Corporation?
ABC Inc. is a Delaware corporation that is not registered in NY. How does one serve process?
When are domestic corporations and authorized foreign corporations not amenable to in personam jurisdiction in NY?
What is "Doing Business" jurisdiction?
A batters B in a bar in Albany, NY. A owns property in NY and has family in NY, but A takes a 3 month vacation to Toronto. B's process server serves litigation papers in Toronto. Is A subject to PJ in NY?
What are the various bases of jurisdiction via the Long Arm Statute?
Billy Bigbucks owns a porsche in Connecticut. Billy has never been to NY and doesn't plan on going. However, Timmy Thief has other plans. One morning, Billy negligently leaves the car unlocked and leaves the key in the ignition. Timmy walks by Billy's driveway, hops in the car, does a joy ride in NY. While speeding, Timmy crashes into a group of schoolchildren out for a field trip. The parents sue, only to find Timmy indigent and without assets. They thus want to sue Billy Bigbucks. Can they get PJ?
D defames P online on a California website, with foreseeable harm in NY. D does not partake in any business in NY. However, D owns a couple pieces of real estate in upstate NY. Could P still obtain PJ?
P sues D for a battery that happened in New Jersey in New York Supreme Court. D has never been to NY and has no contacts with NY. D raises an affirmative defense of self defense in his answer. The answer is silent on jurisdiction. Has D waived his jurisdictional objection?
What are the rules for venue for suits pertaining to real estate?
What are the rules for venue for non-realty actions?
What is the doctrine of permissive joinder?
P sues D in NY Supreme Court. D sues T as a third party complaint, to indemnify T. P would like to assert a claim against T. How long does P have to amend the original complaint to incorporate the claim against T?
Does NY allow contribution for contract claims?
What is contractual indemnity?
P sues D1 and D2 for negligence. Before the verdict, P settles with D1 for $50,000. The verdict comes back for $200,000; D1 and D2 are 50% at fault each. What result?
P sues D1, D2 and D3 for negligence. P settles with D1 for 500k and D2 for 250k. The verdict comes back at $1,000,000. D1 is 20% at fault, D2 is 30% at fault and D3 is 50% at fault. What result?
P sues D1 and D2 for negligence leading to personal injuries. P wins 100k in economic damages and 1000k in pain and suffering. D1 is 30% at fault, and D2 is 60% at fault; P is 10% at fault. D2 is judgment proof, so P seeks to satisfy the full 1100k of damages from D1.
(1) What must D1 pay?
(2) Would D2 be able to seek contribution from D2 five years from the date of payment? If so, how much?
(1) What must D1 pay?
(2) Would D2 be able to seek contribution from D2 five years from the date of payment? If so, how much?
T dies, leaving a sum of $100,000. X,Y,Z are all potential beneficiaries, depending on interpretation of some ambiguous terms of the will as well as an interpretation of the rule against perpetutities. E, the executor of T's will, does not know who should get the money. What claim should E file?
X's complaint only seeks injunctive relief. X is meritorious at trial, but substantive law dictates an injunction would not be appropriate. May the court issue damages instead, even though X did not plead damages?
May a plaintiff's lawyer use the dollar figure at stake in his closing argument?
What is the difference between an "answer" and a "reply"?
Does a cross-claim need to arise from the same transaction or occurrence as the initial claim?
What is the effect of failing to plead an affirmative defense in an answer or reply?
What is the difference between an ex parte motion and a motion on notice?
How does a plaintiff amend pleadings?
What defenses or bases must be brought in the pre-answer motion to dismiss, or they will be waived?
What bases for a motion to dismiss are possible at any time in the lawsuit?
What is the standard for a motion for summary judgment?
What is attachment, and for what claims is it proper?
When can a motion for attachment be filed?
What is the difference between "summons and notice" or "summons and complaint"?
What are the factors for a preliminary injunction?
What is a temporary receivership?
What is a notice of pendency?
What are a parties duties pertaining to potential expert testimony?
What are the disclosure devices available to parties in discovery?
When is a jury available in civil actions?
What are the requirements for a civil jury in NY?
What is res judicata?
What is collateral estoppel?
X gets injured by a product sold by D1 and manufactured by D2. X sues D1 under a strict liability theory on 01/01/2000, and the claim is dismissed because on the court's finding of no defect. X then brings a strict liability claim against D2. Is X estopped?
What is the timeline for appealing an order or judgment?
When can a party appeal from the appellate division to the court of appeals?
Are interlocutory appeals proper from the Supreme Court to the Appellate Division?
Can the Appellate Division review findings of fact?
What are the grounds for challenging an arbitration award?
Is arbitration subject to statute of limitations?
Is arbitration subject to res judicata?
What are Article 78 Proceedings?
What is the statute of limitations for an Article 78 proceeding?
Does NY respect a default judgment issued by another state?
What are the three defenses to enforcement of a foreign judgment?
P gets a judgment in Texas against D for "display of homosexual behavior in public" for the sum of $1500 after a six month long jury trial. NY has a strong public policy in favor of homosexual rights. Does NY need to enforce the judgment in NY?
How does NY treat foreign country judgments?
When does interest "kick in" for a breach of contract claim?
When does interest "kick in" for a personal injury claim?
What are the consequences for P, when P uses a provisional remedy and D wins?
What is a temporary restraining order?
When may a party obtain a deposition BEFORE the complaint?
A personal injury happens in New Jersey. The statute of limitations in NJ is 2 years. Two and a half years later, plaintiff brings a cause of action in NY with appropriate jurisdiction. Time barred?
What is verification and when is it required?
When can the clerk (as opposed to a judge) enter a default judgment?
Email service of process is valid in Vermont, but invalid in NY. D is served process by email; D is a Vermont resident who has an intent to stay in Vermont. Proper service for a NY cause of action?
D has never been to NY. He visits NY, and sees his arch rival, P at the airport. He tells a crowd "P is a liar, and a thief. Be careful of that guy". D then boards a flight back to CA. P sues D in NY Supreme Court for defamation,one month later, serving process on D using "nail and mail" at D's residence. Proper?
How long must a plaintiff wait to serve D with a notice of production?
ABC Inc. is a NY corporation on the verge of insolvency. P sues ABC Inc. and asks for attachment. Proper?
0
764