Mixed Deck — All VT BAR Topics Flashcards

In a short-form merger under the MBCA, which approval is required when a parent corporation owns at least 90% of a subsidiary?

Answer: Only the parent board's approval is required; no shareholder vote of either corporation is needed

In a short-form merger where the parent owns at least 90% of the subsidiary, only the parent board needs to approve; no shareholder vote of either entity is required.

Under substantive due process, which right has the U.S. Supreme Court recognized as a fundamental right requiring strict scrutiny?

Answer: The right to interstate travel

The right to interstate travel has been recognized as a fundamental right subject to strict scrutiny under substantive due process.

Under the doctrine of equitable conversion, when does a buyer under a land sale contract become the equitable owner?

Answer: At contract execution, before closing

Under equitable conversion, the buyer becomes the equitable owner and the seller holds bare legal title as soon as the land sale contract is signed.

Under Vermont law, premarital agreements are governed by which Act?

Answer: Vermont Uniform Premarital Agreement Act

Vermont has adopted the Uniform Premarital Agreement Act (12 V.S.A. §§ 181-188), which governs the formation and enforceability of premarital agreements.

To establish a prima facie case of negligence, a plaintiff must prove which four elements?

Answer: Duty, breach, causation, damages

A negligence claim requires proof of duty, breach of that duty, causation (actual and proximate), and damages.

Under the Federal Rules of Evidence (as adopted in Vermont), which hearsay exception covers excited utterances?

Answer: FRE 803(2) — Excited utterance

FRE 803(2) provides the excited utterance exception for statements made under the stress of excitement caused by a startling event.

Under Vermont's Constitution, how long is the term of a Vermont Supreme Court Justice?

Answer: 10 years, subject to legislative approval

Vermont Supreme Court Justices serve 6-year terms and must be reappointed through a legislative vote.

A mortgage in Vermont is which type of instrument?

Answer: A lien theory mortgage where the borrower retains title

Vermont follows the lien theory of mortgages, meaning the mortgagor retains legal title and the mortgage creates only a lien in favor of the lender.

A shareholder's preemptive right allows the shareholder to:

Answer: Purchase newly issued shares in proportion to their current ownership before they are offered to outsiders

Preemptive rights give existing shareholders the opportunity to maintain their proportional ownership by purchasing new shares before they are sold to outside parties.

What is the "rule of joinder" in Vermont civil procedure?

Answer: The rule that allows a party to join multiple claims in a single lawsuit

The "rule of joinder" in civil procedure refers to the procedural rules that permit parties to combine various claims or parties into a single lawsuit. This allows for judicial efficiency by resolving related disputes in one proceeding, preventing multiple trials on similar issues. It encompasses both claim joinder (multiple claims by one plaintiff against one defendant) and party joinder (multiple plaintiffs or defendants).

Lay witness opinion testimony is admissible under FRE 701 if it is rationally based on the witness's perception and helpful to the trier of fact, and does NOT require which of the following?

Answer: Scientific, technical, or specialized knowledge

FRE 701 permits lay opinion testimony that is rationally based on perception and helpful, specifically providing that it must not be based on scientific, technical, or other specialized knowledge (which would require FRE 702 compliance).

Vermont's grandparent visitation statute allows a court to grant visitation rights to grandparents when which condition is satisfied?

Answer: When visitation is in the best interests of the child and a significant relationship exists

Vermont courts may grant grandparent visitation (15 V.S.A. § 1011) when it is in the best interests of the child and a significant pre-existing relationship between the grandparent and child exists.

Under Vermont law, which standard governs all child custody decisions?

Answer: The best interests of the child

Vermont courts apply the best interests of the child standard in all custody determinations, considering statutory factors under 15 V.S.A. § 665.

Which doctrine prohibits states from discriminating against interstate commerce under the Dormant Commerce Clause?

Answer: Non-discrimination principle

The Dormant Commerce Clause's non-discrimination principle bars states from imposing laws that discriminate against out-of-state commerce.

Vermont's Declaration of Rights is found in which part of the Vermont Constitution?

Answer: Chapter I

Vermont's Declaration of Rights is contained in Chapter I of the Vermont Constitution.

A statement made by a party opponent and offered against that party is classified as what under the Federal Rules?

Answer: Non-hearsay under FRE 801(d)(2)

Under FRE 801(d)(2), an opposing party's statement offered against them is defined as non-hearsay — it is excluded from the definition of hearsay entirely.

Vermont's child support guidelines are based on which model?

Answer: Income shares model combining both parents' incomes

Vermont uses the income shares model for child support, which combines both parents' incomes to determine a total support obligation that is then apportioned between them.

A license to use another's land differs from an easement in that a license is which of the following?

Answer: Revocable at will and not an interest in land

A license is a personal, revocable permission to use land; unlike an easement, it creates no property interest and is not binding on subsequent purchasers.

Which element distinguishes intentional infliction of emotional distress (IIED) from negligent infliction of emotional distress (NIED)?

Answer: Whether the conduct was extreme and outrageous with intent or recklessness vs. negligent conduct

IIED requires extreme and outrageous conduct done intentionally or recklessly, while NIED is based on negligent conduct causing emotional harm.

What is the purpose of a preliminary hearing in criminal procedure?

Answer: To assess whether there is sufficient evidence to proceed with a trial

A preliminary hearing, also known as a probable cause hearing, serves as an initial screening process in criminal cases. Its purpose is for a judge to determine if there is sufficient probable cause to believe that a crime has been committed and that the defendant committed it. If probable cause is found, the case can proceed to trial; otherwise, the charges may be dismissed.