Multistate Essay Flashcards

In a partnership essay, a partner dissociates from an at-will partnership by express notice. Under RUPA, what is the effect on the partnership?

Answer: The partnership dissolves and its business must be wound up

Under RUPA, a partner's express-will dissociation from an at-will partnership triggers dissolution and winding up unless remaining partners waive it.

A conflict-of-laws essay involves a car accident in State A between two domiciliaries of State B; suit is filed in State B, which uses governmental interest analysis. Whose loss-allocation law likely applies?

Answer: State B's law, because it is the shared domicile with the dominant interest in loss allocation

Under interest analysis, when both parties share a domicile, that state's interest in loss-allocation rules typically outweighs the situs state's interest.

In a trusts essay, a trust instrument gives income to A for life, remainder to B. The trustee receives a large cash stock dividend. Under the Uniform Principal and Income Act, the distribution is generally allocated to:

Answer: Income if it is an ordinary cash dividend, while stock dividends go to principal

The UPAIA allocates ordinary cash dividends to income but allocates distributions of the entity's own shares to principal.

A federal-jurisdiction essay asks whether supplemental jurisdiction covers a state-law claim by a plaintiff against a nondiverse third-party defendant in a diversity case. Under 28 U.S.C. § 1367(b), such a claim is:

Answer: Barred, because plaintiffs cannot use supplemental jurisdiction to defeat complete diversity

Section 1367(b) withholds supplemental jurisdiction over claims by plaintiffs against parties joined under Rule 14 when it would be inconsistent with diversity requirements.

In a family law essay, an unmarried father seeks custody after the mother's death. The strongest constitutional principle supporting his claim is:

Answer: A parent who has established a relationship with his child has a due process liberty interest in its care and custody

Under Stanley v. Illinois and its progeny, an unwed father who demonstrates commitment to his child has a protected due process interest in the parental relationship.

In a secured transactions essay, a creditor takes a purchase-money security interest in a consumer's new refrigerator. How is the PMSI perfected?

Answer: Automatically upon attachment, because it is a PMSI in consumer goods

A purchase-money security interest in consumer goods perfects automatically at attachment without filing or possession.

A decedents' estates essay involves a beneficiary who murders the testator. Under slayer statutes tested on the MEE, the killer:

Answer: Is treated as having predeceased the testator and forfeits the inheritance

Slayer statutes bar one who feloniously and intentionally kills the decedent from inheriting, treating the killer as predeceased, and a civil-standard finding suffices.