CALIFORNIA BAR Study guides, Class notes & Summaries

Remedy at law / Legal damages - ANSWER Money damages to compensate a P for a loss / awarded to make a P whole Restitution - ANSWER Prevent unjust enrichment of the D / can be legal (money or return of property) or equitable Compensatory Damages *T - ANSWER Awarded to to make a P whole to compensate for injury or loss & measured by monetary value of the P's harm (Pain&suffering, medical expenses, lost wages) / ISSUES (causation, foreseeability of damages, calculated w/ certainty, P mitigat...

commercial builder be bound by a residential-use restriction if - ANSWER (1) grantor had common scheme (2) unrestricted lot holders had notice (majority rule) reqs for burden of equitable servitude - ANSWER intent, notice, touch and concern render title unmarketable - ANSWER (1) defects in record chain of title (adverse posession) (2) encumbrances (mortgages, liens, easements, restrictive covenants) (3) zoning violations f the buyer of land determines that the seller's title is unmarke...

DUTY OF LOYALTY-Tested 68.4% of the time - ANSWER A lawyer owes a duty of loyalty to their clients and must avoid conflicts of interest. A conflict exists if there is a significant risk that lawyers legal representation will be materially limited by the lawyers personal interests or duty to another. Under the ABA, a lawyer may represent a client despite a conflict if the lawyer reasonably believes that she can competently and diligently represent the client despite conflict and the client gives ...

Duty of Competence - ANSWER A lawyer shall represent the client with the legal knowledge, skill, thoroughness and preparation reasonably necessary. Includes mental and physical. May associate with another attorney or study to become competent. Conflict of Interest (Concurrent, General Rule) - ANSWER The general rule is that the lawyer may not represent a client where there is a conflict of interest. Conflict of Interest (Between Current Clients) - ANSWER A concurrent conflict of interest e...

What are the 7 major areas in Professional Responsibility? - ANSWER Confidentiality Loyalty Finances Competence Candor Fairness Dignity General rule for the duty of confidentiality to client? - ANSWER An attorney can't reveal anything related to the representation of a client without consent. When does the duty of confidentiality attach? - ANSWER It can attach before a lawyer-client relationship exists, so long as the potential client believes a relationship exists. What are th...

California Bar Exam Questions and Answers 2024

California Bar Essay Exam Questions and Answers 2024

California Bar Essay Exam Questions and Answers 2024

California Bar Exam Questions and Answers 2024

California Bar | Real Property Questions and answers 2024