CALIFORNIA BAR Study guides, Class notes & Summaries

CALIFORNIA BAR EXAM: EVIDENCE QUESTIONS AND ANSWERS 100% CORRECT Logical RELEVANCE - Answer- Evidence is logically relevant if it has any tendency to make the existence of any fact of consequences to the determination of the action more or less probable than it would be without the evidence. CA: Same as Federal Rule: Under the CEC, evidence is logically relevant if it tends to prove or disprove a material fact in dispute. Legal relevance - Answer- logically relevant evidence may be exclud...

CALIFORNIA BAR EXAM: EVIDENCE QUESTIONS AND ANSWERS 100% CORRECT Logical RELEVANCE - Answer- Evidence is logically relevant if it has any tendency to make the existence of any fact of consequences to the determination of the action more or less probable than it would be without the evidence. CA: Same as Federal Rule: Under the CEC, evidence is logically relevant if it tends to prove or disprove a material fact in dispute. Legal relevance - Answer- logically relevant evidence may be exclud...

Duty of Competence 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) 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) A concurrent conflict of interest exists if the representa...

Logical RELEVANCEEvidence is logically relevant if it has any tendency to make the existence of any fact of consequences to the determination of the action more or less probable than it would be without the evidence. CA: Same as Federal Rule: Under the CEC, evidence is logically relevant if it tends to prove or disprove a material fact in dispute. Legal relevancelogically relevant evidence may be excluded if the probative value of the evidence is outweighed by its prejudicial effect. I...

Relevance Standard (FRE) Evidence is relevant if it has any tendency to prove or disprove a material fact. Relevance Standard (CEC) Evidence is relevant if it tends to be material to a disputed fact. Legal Relevance Exclusion Otherwise relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or wasting time. (Both FRE and CEC) California Prop 8 In criminal trials, all relevant evid...

A merchant is one who Deals in the goods of the kind sold, or one holding himself as having special knowledge or skills regarding the practices or goods involved in the contract Predominant Purpose Test Determine the predominate purpose of the contract as a whole and the law governing that area provides the applicable law for the entire contract A valid contract requires mutual assent, which consists of an offer and acceptance and consideration Offer (Common Law) An offer is a manifesta...

CALIFORNIA BAR EXAM: EVIDENCE QUESTIONS AND ANSWERS 100% CORRECT Logical RELEVANCE - Answer- Evidence is logically relevant if it has any tendency to make the existence of any fact of consequences to the determination of the action more or less probable than it would be without the evidence. CA: Same as Federal Rule: Under the CEC, evidence is logically relevant if it tends to prove or disprove a material fact in dispute. Legal relevance - Answer- logically relevant evidence may be exclud...

CALIFORNIA BAR EXAM: EVIDENCE LATEST UPDATE GRADED A+ Logical RELEVANCE Evidence is logically relevant if it has any tendency to make the existence of any fact of consequences to the determination of the action more or less probable than it would be without the evidence. CA: Same as Federal Rule: Under the CEC, evidence is logically relevant if it tends to prove or disprove a material fact in dispute. Legal relevance logically relevant evidence may be excluded if the probative value...

Anticipatory Repudiation - ANSWER AR occurs when a promisor, prior to the time set for performance of his promise, indicates that he will not perform when the time comes. If there is an executory bilateral contract between the parties and the promisor's AR is unequivocal, the nonrepudiating party can treat the anticipatory repudiation as a total breach and sue immediately. If the nonrepudiating party has already fully performed, he must wait until the time originally set for performance bec...

What are the 4 major duties a lawyer owes to clients? - ANSWER *Clients Love Fierce Counsel* (courts feel differently) Confidentiality Loyalty Financial Responsibility Competence What are the 3 major duties a lawyer owes to entities other than clients - ANSWER (clients love fierce counsel) *Courts Feel Differently* --> owed to Court, adversaries (parties and counsel), the legal profession, third parties, and the public: Candor Fairness Dignity What is the general rule of the duty...