MEE Essay lead-ins – Flashcards

Under the Revised Uniform Partnership Act (RUPA), a partnership is an association to carry on and manage, as co-owners, a business for profit.

The common law of torts protects the interests of those who have suffered harm.

Criminal law protects the peace and dignity of the state. Adherence to proper criminal procedure protects the rights of the accused and ensures a fair legal process. IRAC EACH CRIME AND DEFENSE. Be sure to discuss actus reus + mens rea + causation + harmful result.

The RMBCA contains some mandatory provisions that must be followed by all corporations and limited liability companies. Default rules apply if the articles, bylaws, shareholder agreements, or shareholder resolutions are silent on the matter at issue.

A Holder in Due Course (HDC) of a Negotiable Instrument (NI) takes free and clear of personal defenses.

Family law protects the rights of parties subject to a marital dissolution, including children.

The state and federal government generally may act as long as the regulation is rationally related to a legitimate government interest and the act is not proscribed by the Constitution. There must be a justiciable CaseControversy: StRiMP.

Will and probate law generally governs the disposition of assets upon death.

UCC Article 9, Secured Transactions (ST), protects creditors whose interests in a debtor's goods have attached or perfected.

Agency is a consensual relationship wherein an agent agrees to and/or acts on the behalf of a principal in affecting legal relationships with third parties.

Proper civil procedure promotes efficiency, and courts generally require strict compliance.

Conflicts of laws deals with matters having a nexus to more than one jurisdiction and the problems that arise when the law of one jurisdiction differs from that of another.

The law of trusts controls the dispersal of personal property to others under the protection of a fiduciary. i) settler with capacity to convey, ii) present intent to create trust, iii) competent trustee, iv) definite beneficiary which can't be same person, v) trust property

The common law of contracts governs contracts for services, intangibles and real estate, but the court may apply a UCC Article 2 "goods" provision by analogy. UCC Article 2 eases the strict common law contract requirements to provide more certainty in transactions involving the sale of movable goods. In order to have a valid contract, there must a meeting of the minds, offer and acceptance with consideration.