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Notes for the Bar These were my bar notes. You can use them. I passed every bar I took. Looking at my notes won’t help you, except maybe if you want to see how to make notes for the bar. this. definitely a bad person and have no right to read share your outlines in school you were is a good thing to help people. If you did not to share my notes with peo Unlike some people at law schools, I liked documents, pleading, draft, or anything else. These are personal notes. They not You got this off of http://case.tm . Page 1 Contents Contents .............................................................................................................................. 1 Agency ................................................................................................................................ 1 Commercial Paper............................................................................................................... 4 Conflicts.............................................................................................................................. 6 Constitutional Law............................................................................................................ 11 Contracts ........................................................................................................................... 23 Corporations...................................................................................................................... 38 Substantive Criminal Law................................................................................................. 51 Criminal Procedure ........................................................................................................... 61 Hot topics.......................................................................................................................... 61 Criminal Procedure ........................................................................................................... 61 p Domestic Relations ...........................................................................................................le, because I think it 68 Evidence............................................................................................................................ 79 Federal Jurisdiction......................................................................................................... 101 New York Practice.......................................................................................................... 110 Partnership ...................................................................................................................... 128 Summary......................................................................................................................... 128 Property........................................................................................................................... 128 Secured Transactions ...................................................................................................... 149 Torts ................................................................................................................................ 151 Trusts............................................................................................................................... 169 Wills................................................................................................................................ 178 Agency 1) Liability of principle to third parties for torts committed by the agents a) Respondeat superior/vicarious liability i) Employer can always ratify tort actions, but the employer must have knowledge of all material facts (1) An employer can later recover 100% of the damages from the employee (2) Being on call means that one is an employee, but they can be acting outside the scope of the agency arrangement ii) The Principal will be liable if two things are true (relationship and scope) (1) Principal-Agent Relationship (three things must be true) (a) Assent is defined as an informal agreement between the principal and the agent (doesn’t need to be formal). (i) No consideration is needed (ii) Consent must be manifest or implied by statute or estoppel (iii) There may be agency even if the statute of frauds requires that there be an agency relationship this. definitely a bad person and have no right to read share your outlines in school you were is a good thing to help people. If you did not (iv) Types of authority to share my notes with peo Unlike some people at law schools, I liked documents, pleading, draft, or anything else. These are personal notes. They not You got this off of http://case.tm . Page 2 1. Actual express authority is defined as when the principal uses words to express authority to an agent a. creation i. Can be oral “narrow” ii. It can be private (can be “go out there and enter the deal”) iii. These words are “narrowly construed” – can’t do too much more than what is necessary iv. In NY if you have a contract involving the conveyance of land, if the contract involves a conveyance of land, the expression of authority must be in writing. v. A failure of a agent who requires a license to have a license means that they cannot collect their commission. b. Termination of actual express authority i. by the unilateral act of either party ii. a change of circumstances that should cause an agent to realize the principle would not want the agent to exercise the authority terminates the authority iii. Death or incapacity terminates the relationship with or without knowledge of the surviving party, unless onep is given a durable le, because I think it power of attorney . Exception: with soldiers, there must be actual knowledge of death. iv. Banks may collect on commercial paper until they receive notice of death c. Irrevocable agency i. Under some views, an agency with an interest (for example selling a chattel pledged as security) creates an irrevocable agency, however, there must be consideration 2. Actual implied authority is defined as Real authority, which the agent believes to have by virtue of conduct or circumstance. This is real authority to do all small tasks necessary to accomplish an express tasks (‘close the deal’ implies renting a conference room). From prior dealings between the principal agent which have built up an understanding. 3. Apparent authority: Principal hasn’t really given authority, but he will be liable by virtue of the appearance (two part test) a. Principal has cloaked the agent with the appearance of authority b. An agency by estoppel can be created if a principle fails to stop an imposture from acting as his agent (whether deliberately or negligently) c. 3rd party relied on that authority d. example: “secret limited authority” is defined as “do not sell” – the principal is liable 4. “Lingering authority” – where actual authority is terminated, but the agent continues to work on behalf of the principal. Even after termination, the principal is still liable based on apparent authority. a. The only way to cure this is that the Principal must give notice of termination to get rid of the apparent authority. Until they receive notice, the customers may continue to rely reasonably upon the appearance of apparent authority. 5. Ratification is defined as authority conferred after the contract has been entered into. a. In New York there is a two part test i. You must find that the principal has knowledge of all material facts regarding the contract ii. Must find that the principal has adopted the deal and accepted the contract’s benefits b. Ratification in NY has to be complete. Cannot be incomplete, but not this. definitely a bad person and have no right to read share your outlines in school you were is a good thing to help people. If you did not partial. to share my notes with peo Unlike some people at law schools, I liked documents, pleading, draft, or anything else. These are personal notes. They not You got this off of http://case.tm . Page 3 c. Ratification will not be effective, if it will prejudice third parties who have acquired rights in the mean time d. Behavior that would be illegal at the time of ratification cannot be ratified (b) Benefit is defined as agents conduct is for the benefit of the principal (c) Control is defined as principal must have the right to control the agent (i) Principal must have the “power to supervise the manner of the agent’s performance” (ii) Variations 1. Sub-agent: Agents who work for other agents. There must be assent, benefit, and control. In general there is no liability, because there is no assent 2. Borrowed agents: one employer who borrows another employer’s agent: Usually no liability because there is no control 3. If there is no control, there is an independent contractor arrangement. Principals can still be liable if there is no control if it is an ultra-hazardous activity, or there was a principal-agent relationship created by estoppel. (2) Tort must have occurred within the scope of that relationship (a) In NY there is a three part weighing test, for determining whetherp or not the tort le, because I think it occurred within the scope of the agency (i) Was the tortuous conduct of the kind that the agent was hired to perform within the job description (b) Did the tort occur on the job during working hours. frolic and detour: principal is liable for torts of agent committed in the scope of agency (i) detour (inside the scope of agency) is defined as mere departure from an assigned task: inside the scope of agency. “In this case,
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