BAR EXAM RANDOM SUBJECTS

1) Issue decided in the prior litigation must be identical to the issue presented in the current action
2) Initial ruling must have been on the merits and become final
3) party against whom the judgment is asserted must have been a party or in privity with the party to prior litigation
4) Issue was actually and neccessarily litigated

1. Show good cause
2. Mistake, inadvertance, excusable neglect, newly discovered evidence, and fraud

Must be brought within reasonable time and not more than 6 months after date of judgment was entered.

1) Significant and substantial contacts connected to the cause of action
2) Minimum Contacts so as not to offend fair play and substantial justice
3) Purposeful availment such that D has reasonable expectation of being haled into a NV court.
4) court will also consider convenience and state's interest in providing forum for its citizens.

1) within 30 days of service of process
2) case could have properly been filed in federal court
3) all D's join the motion for removal
4) Court must have jurisdiction over the parties and subject matter of the action.

Proper where all Defendants reside or where substantial part of the events occured.

For Diversity cases venue is proper where any Defendant is subject to PJ

The transferring court's rules apply if the original forum was proper.

Defendant wants to seek contribution or indemnity from a 3rd party so he must implead that party. The claim must be derivative.

Right to implead within 10 days of serving the Answer

1) Convenience of the parties and witnesses is considered and

2) In the interests of justice to any other district where suit could have been filed.

1) The issue decided in prior case was identical to the subsequent issue
2) There was a final judgment on the merits
3) D had full and fair opportunity to litigate the disputed issue
4) It would not be unfair or inequitable to apply collateral estoppel

Pretrial Motion to exclude the testimony or evidence presented because the determination of evidence does not require a factual decision, or the potential evidence is inadmissible under the federal rules of evidence.

1) Subject matter is one where scientific, technical, or other specialized knowledge would assist the trier of fact

2) Expert possesses a Reasonable probability regarding his opinion

3) Opinion is supported by a proper factual basis

Discovery of any matter that is relevant to the subject matter

(note) In general discovery is permitted on any matter not privelege that is relevant to the claim or defense of either party.

40 Requests to for admit
40 Interrogs

Remember, if not responded to or objected within 30 days of receipt they are deemed admitted.

1) writing
2) signed by its maker
3) contain an unconditional promise to pay a fixed amount of money
4) to order or bearer
5) on demand or at a definite time
6) not contain any unauthorized promises

Takes Possession for Value, in Good Faith, and without notice notice of any defenses on the instrument

Personal Defenses and subject to Real Defenses: (FAIDS)
Forgery (names necessary to title, payee and any special indorsee)

Fraud (factum)

Alteration (material)

Incapacity (infancy/insanity)
Illegality

Duress
Discharge in Insolvency; Discharge with Notice

Suretyship with Notice (HDC knows a prior party signed
Statute of Limitations

A transferee acquires whatever interests her transferor enjoyed, taking shelter in the status of her transferor.

1. Purchase or Lease by a human

2. of Consumer Goods and Services (not land)

3. On credit (over 4 installments)

1. Secondary Contract Liability

- Must be Presentment - checks 30 day limit

- Dishonor

- Notice of Dishonor

(a qualified indorsement bars this claim).

2. Breach of Transfer Warranty Liability (5 of them)

D A S T I

- Defenses none

- Alteration none

- Signatures are genuine

- Title is Good

- Insolvency Proceedings - no knowledge

1. Obligation is Discharged when the check is paid

2. No liability unless "acceptance" (certification)

- Acceptance by a bank discharges the drawer

Contractual Relationship

KEY RULE: Properly Payable Rule.

- Bank must pay checks that are properly payable and must not pay checks that are not properly payable

2 types of Bank Errors:
- Wrongful Dishonor (drawee should pay, but doesn't.)
- Wrongful Honor (drawee pays but shouldn't).
- Stop Payment Orders
- Stale Checks
- Post Dated Checks
- Checks paid after drawer's death
- Overdrafts
- Forgeries and Alterations

May validate the forgery! and preclude buyer from asserting the violation

1. Fictitious Indorsements Treated as Valid

- by Imposters

- By Employees "responsible" for check writing who forge signatures.

precludes it.

This occurs if he signs a blank check or gives late notice to the bank of a forgery or alteration covered in his bank statements.

Forged Drawer's Signature:
- Payment is Final, no recovery for bank unless it has a restitution claim against a wrongful party that the bank paid

Forged Indorsement:

- Payment NOT FINAL (breach of warranty of presentment) bank may recover from party who presented the instrument or any prior transferor

Presentment warranties made by presenter and all prior transferors run to drawee or maker

For CHECKS:

1. Good Title

2. No Material Alteration

3. No knowledge drawer's signature is unauthorized

For OTHER INSTRUMENTS

1. Good Title

1. Property Acquired before or after marriage

2. Property acquired by Gift, Devise, or Descent;

3. Property Acquired in exchange for separate property

4. Tort Recovery for personal Injury

While NV generally follows the proration rule, NV courts have modified the CA approach by dividing the appreciation in the property’s value from the date of purchase to the date of divorce based on the number of monthly payments made with separate funds and the number of monthly payments made with community funds

Both parents have the ultimate responsibility to support their children. Non custodial parent is usually required to make payments for support:

Amount is determined by:

Applying a percentage to the noncustodial parent's gross income. Gross income is total amount of income from any source of a wage earning employee, including overtime.

ADJUSTMENT FACTORS:

A court can adjust child care payments based on factors relating to
- health care
-child care
- age of the child
- relative income of both parents

NV treats retirement plans as community property tot eh extent that the right to benefits were earned during the marriage, the fact that the benefits are received after the marriage is insignificant. Benefits for the time that a spouse worked for the company prior to the marriage and after the marriage will be their separate property.

PENSIONS:

NV has two methods:
1) present cash value
2) wait and see rule