Mixed Deck — All CAS BAR Topics Flashcards

Which type of agency authority arises from a principal's conduct that leads a third party to reasonably believe the agent is authorized to act?

Answer: Apparent authority

Apparent authority arises when the principal's words or conduct reasonably lead a third party to believe the agent has authority, even if actual authority is absent.

Which of the following best describes the 'felony-murder rule' under the majority approach?

Answer: A defendant is guilty of murder when a killing occurs during the commission or attempted commission of an inherently dangerous felony

Under the felony-murder rule, a killing that occurs during commission or attempted commission of an inherently dangerous felony (e.g., robbery, rape, arson) is treated as murder regardless of malice.

Under California's version of the UCC, a security interest in personal property is perfected most commonly by:

Answer: Filing a UCC-1 financing statement with the Secretary of State

Under UCC Article 9 as adopted in California, perfection of a security interest in most personal property is accomplished by filing a UCC-1 financing statement with the California Secretary of State.

Under California law, a third-party beneficiary's rights vest when the beneficiary:

Answer: All of the above

California courts recognize that a third-party beneficiary's rights vest upon learning of and assenting to, or detrimentally relying on, the contract.

A buyer and seller enter a contract for the sale of a house. The contract contains no express condition regarding financing. The buyer cannot obtain a mortgage loan and refuses to close. Which of the following best describes the buyer's legal position?

Answer: The buyer is in breach because inability to finance does not excuse performance.

Without an express financing contingency, inability to obtain a mortgage does not excuse a buyer's performance, making the buyer liable for breach.

Which writing style is most appropriate when the task memo instructs you to draft an 'objective memorandum'?

Answer: Present a balanced analysis of strengths and weaknesses

An objective memo requires a neutral, analytical tone that honestly assesses both favorable and unfavorable aspects of the legal issues.

A physician testifies as an expert witness and states that her opinion is based in part on medical records she reviewed but which were not admitted into evidence. Under California law, this is:

Answer: Proper, because experts may rely on materials reasonably relied upon by experts in their field, even if inadmissible

Under CEC § 801, expert opinions may be based on matters reasonably relied upon by experts in the field, including inadmissible materials such as medical records.

A party seeks to enforce a contract where the other party was intoxicated at signing. Under California law, what is the most likely result?

Answer: The contract is voidable at the option of the intoxicated party

Contracts made by intoxicated persons are voidable, not void, allowing the intoxicated party to disaffirm upon regaining capacity.

A minority shareholder in a California close corporation claims the majority is freezing her out by eliminating dividends and her employment. Her BEST remedy under California law is:

Answer: Bring a dissolution action for breach of fiduciary duty owed to minority shareholders

California courts recognize a fiduciary duty among close corporation shareholders; minority shareholders may seek judicial dissolution or buyout when the majority engages in oppressive freeze-out conduct.

Under the Revised Uniform Limited Partnership Act adopted in California, a limited partner who participates in control of the business:

Answer: Has no liability beyond their capital contribution regardless of control participation

Under RULPA and modern LP acts, limited partners are not personally liable for LP obligations solely by reason of participating in control of the business.

Which of the following best describes 'specific performance' as a remedy in California contract law?

Answer: A court order compelling a party to perform the contract

Specific performance is an equitable remedy requiring a party to actually perform its contractual obligations, typically granted when monetary damages are inadequate.

In a California contracts essay, when analyzing 'consideration,' which of the following would NOT qualify?

Answer: A promise based solely on moral obligation for a past act

Past consideration—a promise motivated solely by moral obligation for a past act—does not qualify as valid consideration under California contract law.

A stepparent wishes to adopt a child whose non-custodial biological parent has had no contact and paid no support for over a year. Under California law, the court may terminate the absent parent's rights:

Answer: If the biological parent willfully failed to communicate with and support the child for 1 year

Under Family Code § 7822, parental rights may be terminated without consent if a parent willfully failed to communicate with and support the child for at least 1 year.

What is the Bagley-Keene Open Meeting Act?

Answer: A law requiring California state agencies to conduct meetings openly with public notice and access

Bagley-Keene requires state agency boards and commissions to provide public notice of meetings, conduct business openly, and allow public participation, with limited exceptions for closed sessions.

California's recording statute (Civil Code §1214) is best characterized as:

Answer: A race-notice statute — a subsequent purchaser must lack notice and record first

California Civil Code §1214 is a race-notice statute: a subsequent purchaser prevails over a prior unrecorded conveyance only if the subsequent purchaser takes without notice of the prior interest and records first.

Under California corporate law, a board of directors may adopt a 'poison pill' shareholder rights plan as a takeover defense if:

Answer: The board acts in good faith on an informed basis in the best interest of the corporation and its shareholders

California courts permit poison pills when the board adopts them in good faith, with adequate information, and in the honest belief that the plan serves the corporation's and shareholders' best interests.

What is Proposition 13's impact on California property taxes?

Answer: It limits property tax to 1% of assessed value and restricts annual assessment increases to 2%

Proposition 13 (1978) caps the property tax rate at 1% of the property's assessed value at time of purchase and limits annual assessment increases to no more than 2%.

A defendant is charged with burglary. The prosecution must prove the defendant entered a dwelling at night with intent to commit a felony therein. If the defendant formed the intent to steal only AFTER entering the dwelling, the correct outcome is:

Answer: Not guilty of burglary because the intent must exist at the time of entry

At common law burglary requires the intent to commit a felony inside to exist at the moment of entry; intent formed after entry defeats the burglary charge.

A corporation's board approves a transaction in which the CEO, who is also a director, has a material financial interest. Under California law, this transaction is voidable UNLESS:

Answer: The CEO disclosed the interest and disinterested directors approved it after full disclosure

Under California Corporations Code § 310, an interested director transaction is not voidable if the material facts were disclosed and disinterested directors approved it in good faith.

Carol is charged with conspiracy to commit robbery. If her co-conspirator Pete is acquitted at a separate trial, under the modern (MPC) approach, Carol's conviction:

Answer: Is unaffected because each conspirator is judged individually on the evidence against them

Under the MPC unilateral approach, conspiracy is judged on what the defendant agreed to, so the acquittal of a co-conspirator does not automatically require acquittal of the other.