hemlock 0.1.5 → 0.1.6

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data/lib/hemlock/version.rb

@@ -1,3 +1,3 @@
 module Hemlock
-  VERSION = '0.1.5'
+  VERSION = '0.1.6'
 end

metadata

@@ -1,14 +1,14 @@
 --- !ruby/object:Gem::Specification
 name: hemlock
 version: !ruby/object:Gem::Version
-  version: 0.1.5
+  version: 0.1.6
 platform: ruby
 authors:
 - Nicholas Shook
 autorequire: 
 bindir: bin
 cert_chain: []
-date: 2014-02-24 00:00:00.000000000 Z
+date: 2014-02-25 00:00:00.000000000 Z
 dependencies:
 - !ruby/object:Gem::Dependency
   name: guard-rspec
@@ -67,22 +67,17 @@ files:
 - README.md
 - bin/hemlock
 - flashcards/Agency-Table 1.csv
-- flashcards/Civil Procedure-Table 1.csv
 - flashcards/Commercial Paper-Table 1.csv
-- flashcards/Community Property-Table 1.csv
 - flashcards/Conflicts-Table 1.csv
 - flashcards/Conlaw-Table 1.csv
 - flashcards/Contracts-Table 1.csv
 - flashcards/Corporations-Table 1.csv
-- flashcards/Criminal Law-Table 1.csv
 - flashcards/Evidence-Table 1.csv
 - flashcards/Partnership-Table 1.csv
 - flashcards/Professional Responsibility-Table 1.csv
 - flashcards/Property-Table 1.csv
 - flashcards/Secured Transactions-Table 1.csv
 - flashcards/Torts-Table 1.csv
-- flashcards/Trusts-Table 1.csv
-- flashcards/Wills-Table 1.csv
 - hemlock.gemspec
 - hemlock.rdoc
 - lib/hemlock.rb

data/flashcards/Civil Procedure-Table 1.csv

@@ -1,24 +0,0 @@
-,
-Removal,"A defendant may file a motion to remove a case from state court to federal court within 30 days of being served with process of the complaint. The motion for removal must be joined by all defendants, and the case may be removed only if the case could have been filed in federal court."
-Federal Subject Matter Jurisdiction (SMJ),"A federal court has SMJ if there is a federal question or if all of the defendants are diverse from the plaintiff and each other and the amount in controversy exceeds $75,000."
-Class Action Fairness Act,"In federal court, all of the class action plaintiffs’ claims may be aggregated for the purpose of diversity jurisdiction if the amount in controversy exceeds $5M."
-Remand,"A plaintiff, after a defendant has successfully removed the case, may make a motion to remand back to state court within 30 days if the removal was procedurally improper, or the federal court lacked subject matter jurisdiction"
-Insufficient Service of Process,A defendant must raise the issue of insufficient service of process in its first responsive pleading within 20 days of service of process of the complaint (or 21 days in federal court).
-Failure to State a Claim for Relief,"A defendant may file a motion to dismiss for failure to state a claim upon which relief may be granted at any time during the proceedings. The court will accept the defendant’s motion upon finding that even if all the facts alleged by the plaintiff were true, the plaintiff has failed to state a claim and is not entitled to relief. "
-Motion to Certify a Class,"A plaintiff may request the court to certify a class and allow the plaintiff to sue on behalf of the class upon the court’s consideration of 1) the numerous amount of plaintiffs, 2) the commonality of the claim, 3) the typicality of the case, and 4) whether failure to certify would result in multiple litigations against the same defendant."
-Notice of Appeal,A notice of appeal from a Nevada federal district court may be taken within 30 days of final judgment to the Ninth Circuit Court of Appeals.
-Well-Pleaded Complaint,A plaintiff’s complaint must clearly state that the suit is based on a federal statute or federal question.
-Preliminary Junction,"A plaintiff must show 1) that he will suffer irreparable harm if the action which he seeks to prevent is allowed to happen and an injunction or declaratory relief is not granted; and 2) that the plaintiff has a likelihood of success on the merits when the court entertains the entire suit following the entirety of an injunction. Furthermore, a court may require the plaintiff to post a bond to cover any damages caused by the preliminary injunction if issued and plaintiff does not prevail on the merits."
-Transfer of venue,"In deciding whether to transfer venue for the convenience of a party. The court must consider the convenience of the parties, witnesses and the ‘interest of justice.’"
-Personal Jurisdiction,A court has personal jurisdiction if the defendant has minimum contacts that result from purposeful availment and the extension of personal jurisdiction does not offend traditional notions of fairness.
-Supplemental Jurisdiction,A court can hear a claim that has no independent basis of subject matter jurisdiction if the claim shares a common nucleus of operative fact or arises from the same transaction or occurance.
-Rule 11 Certification,"Every pleading must be signed by an attorney and the attorney must warrant 1) the pleading is not for an improper purpose, 2) legal contentions are warranted by law and 3) factual contentions and denials of factual contentions have evidentiary support."
-Discovery Reponses,30 Days
-Joinder of Parties,"A party must be necessary or 1) without the party, the court cannot accord complete relief, 2) the absentee’s interest may be harmed if he isn’t joined and 3) absentee’s claims an interest which subjects a party to a risk of multiple obligations. A court must have personal and subject matter jurisdiction over the absentee."
-Impleader,A defendant may bring in a third party defendant if they are seeking contribution or indemnification. A motion for imp leader may be done without court approval within 14 days of serving the answer in federal court or 10 days in Nevada.
-Rule 26(b) Conference,"At least 21 days before scheduling conference parties discuss claims, defenses and settlement. Must form discovery plan and present it to the court within 14 days. This is known as the early case conference."
-Judgment as a matter of law,"At the end of the plaintiff’s case, the defendant can bring this motion if the plaintiff has failed to prove a sufficient case for the jury."
-Judgment notwithstanding the verdict.,"A JNOV can only be made if a previous JMOL has been made, and must be made within 28 days in federal court or 10 days in Nevada."
-Motion for a new trial,A motion for a new trial must be made within 28 days in federal court or 10 days in Nevada and include substantive grounds such as prejudicial error or misconduct.
-Res Judicata,"Res judicata, or claim preclusion requires 1) final judgment on the merits, 2) same parties in same positions and 3) same claim."
-Collateral Estoppel,"Collateral Estoppel or issue preclusion, requires 1) final judgment on the merits 2) same issue was actually litigated and determined in the first case, 3) issue was essential to the judgment first case, 4) is being asserted against someone who was a party in the first case 5) by someone who wasw a party in the first case."

data/flashcards/Community Property-Table 1.csv

@@ -1,3 +0,0 @@
-,
-Overview (Community Property),"Nevada is a community property state. If a valid marriage exists, anything acquired by the partners during marriage is presumed to be community property. Separate property is property owned before marriage, or acquired during marriage with separate property funds, or acquired by gift, will or inheritance if one partner was named as the beneficiary. Community property belongs to the community, and each spouse has an equal, undivided, half-interest in the community. A spouse claiming that property presumed to be community property is actually his or her separate property has the burden of proving by clear and convincing evidence that the property is actually his or her separate property."
-Surviving Spouse Share,"If a spouse survives his other spouse, he inherits the entire community."

data/flashcards/Criminal Law-Table 1.csv

@@ -1,17 +0,0 @@
-,
-Confrontation Clause,The 6th Amendment of the US Constitution (6A) provides the right of individuals to confront their accuser in a criminal proceeding. The right applies to all testimonial evidence against the defendant.
-Double Jeopardy,"The 5th Amendment of the US Constitution (5A) protects an individual from double jeopardy - or the right against being charged for the same crime twice. Jeopardy attaches when either the jury is empaled in a jury trial, or if the first witness has been sworn in a bench trial."
-Felony Murder,does not apply to co-felons
-Larceny,Larceny is defined as the taking and carrying away of the tangible personal property of another without consent with the extent to permanently deprive the original owner of his interest in the property.
-Robbery,Robbery is larceny with the added element of the defendant taking the victim’s property by use of force or threat of force.
-Larceny by trick,Larceny by Trick is defined as larceny where the defendant obtains possession of the property via misrepresentation.
-Motion to Suppress (4A),"The 4th Amendment of the US Constitution (4A) protects defendants from unreasonable searches and seizures. Evidence obtained in violation of 4A may be suppressed under the exclusionary rule. Furthermore, under the ‘fruit of the poisonous tree doctrine,’ any derivative evidence obtained through an illegal 4A search may be suppressed. For the 4A to apply there must be 1) state action, 2) the defendant must have had a reasonable expectation of privacy in the items/areas to be searched/seized, and 3) one of a) there must have been a valid search warrant, b) if the search was invalid, the police must have relied on the warrant if in good faith or c) if there was no warrant, if an exception to the warrant requirement applies."
-Receiving Stolen Property,"Receiving stolen property is defined as receiving possession and control of stolen property, known to have been stolen by another person, with the intent to permanently deprive the original owner of his interest in the property"
-Search Incident to Arrest,"For the search incident to an arrest warrant exception to apply, there must have been a valid arrest. A valid arrest usually requires probable cause. Generally, if a police officer witnessed a felony or misdemeanor take place in his presence, he does not need a warrant."
-Self-Incrimination,"The 5th Amendment of the US Constitution (5A) protects individuals from self-incrimination. As part of that right, individuals must be read their Miranda warnings before every custodial interrogation. A suspect is subject to a custodial interrogation if 1) he objectively feels like he is not free to leave and 2) is being interrogated by an officer with questions that the officer knows or should reasonably know will illicit incriminating responses. Once a defendant invokes his right to stay silent, the officer must cease all questioning, the officer may resume questioning if he waits a substantial amount of time, re-reads the suspect his Miranda rights, and obtains the individual’s consent."
-Terry: Stop and Frisk,"Stop and Frisks under Terry v. Ohio are a valid exception to the search warrant requirement. The stop and frisk exception allows an officer to stop and question a suspect under reasonable suspicion that they are engaged in criminal activity, and may then perform a pat-down of the suspect if the cop reasonably believes the suspect is armed and dangerous."
-Warrant Authorized Searches,A warrant authorized search are presumptively reasonable.
-Exclusionary Rule,"Evidence seized in violation of the 4A is subject to the exclusionary rule. Further evidence gained from this excluded evidence is also inadmissible, as ‘fruit of the poisonous tree.’ However, evidence which is otherwise inadmissible under the 4A may be admitted under the independent discovery, intervening source, and inevitable discovery exceptions. The purpose of the exclusionary rule is to deter police conduct."
-Wharton Rule,"The Wharton Rule states that in crimes where two or more people are necessary to commit a crime, an additional person who is not essential to the crime is needed to convict the members of conspiracy."
-Murder,Murder is the unlawful killing of another human being with malice aforethought.
-Voluntary Manslaughter,Voluntary Manslaughter is the killing in the heat of passion resulting from an adequate provocation. Adequate provocation must be 1) a serious and highly-provoking injury inflicted upon the accused or 2) an attempt by the deceased to commit serious personal injury to the accused.

data/flashcards/Trusts-Table 1.csv

@@ -1,16 +0,0 @@
-,
-Totten Trust,An account with a named beneficiary who will receive the contents of the trust upon the owner’s death
-Trust,A trust is an arrangement under which the trustee holds legal title to the property for the benefit of beneficiaries. Trustee has burdens and beneficiaries have benefits of property ownership. Trustee is subject to fiduciary standards and is not privileged to use the trust property as his own.
-Trust Creation,"To create a trust 1) a settlor delivers legal title of trust assets to the trustee, 2) for the benefit of beneficiaries, 3) with intent to create trust and 4) for a valid purpose."
-Res,"The corpus, principal, the subject matter matter of the trust. It must be certain and identifiable."
-Intent,Settlor must intend to create a trust relationship. Precatory language is not sufficient unless that it is coupled with so much detail that intent manifests.
-Trustee,A trustee must have capacity to deal with property. A trustee cannot delegate his position unless it is pursuant to the trust terms or the court orders it.
-Revocable Trust,"All trusts by default are irrevocable. A revocable trust allows the settlor to retain a right to revoke, alter, or amend the trust, or keep interest income. A creditor has access to any revocable trust."
-Testamentary Trust,A testamentary trust is a trust created by an enforceable promise to create a trust which is enforceable if it meets contract laws for enforcement.
-Cy Pres,If the stated charitable purpose can no longer be accomplish a trust or will may be reformed in a judicial proceeding if 1) a specific direction that no longer can be accomplished and 2) a general charitable intent that can still be accomplished that is ‘as near as possible’ to the settlor’s specific direction.
-Spendthrift Clause,"A spendthrift clause prohibits voluntary or involuntary transfers of a beneficiary’s interest in the trust. A settlor cannot be the beneficiary of a spendthrift trust. A spendthrift clause is not enforceable against 1) contracts for necessaries, 2) child support and alimony, and 3) federal tax liens."
-Trustee duties,"A trustee has a duty of loyalty, duty to invest prudently, duty to preserve and protect trust property, and a duty of impartiality."
-Trustee liability for breach,"If at trustee breaches his duty, a beneficiary can ratify the transaction and waive the breach, sue for resulting loss or potentially trace and recover property for the trust. If a trustee conveys property to a bonafide purchaser, a beneficiary cannot recover land but can seek monetary damages."
-Duty to invest Prudently,"A trustee must 1) keep trust production, 2) balance risk with return, 3) diversify assets, 4) not commingle assets, and cannot delegate investment decisions."
-Claflin doctrine,A trust can be terminated if all beneficiaries consent and no further trust purpose of the settlor is able to be served.
-Constructive Trust,A constructive trust is an equitable remedy that requires 1) wrongful conduct that would lead to 2) unjust enrichment

data/flashcards/Wills-Table 1.csv

@@ -1,25 +0,0 @@
-,
-Testamentary Will,"A valid testamentary will in Nevada requires that 1) the testator was at least 18 years old, 2) the testator had testamentary intent and capacity, 3) the testator signed the will, 4) the signing was in the presence of two non-interested witnesses, and 5) two witnesses sign the will in the testator’s presence."
-Holographic Will,"A valid holographic will in Nevada requires that 1) all essential terms are in the testator’s writing, 2) the will is signed, and 3) the will is dated."
-Intestacy,"If a testator died intestate, or without a valid will, Nevada has laws dealing with a surviving spouse share, and surviving family share."
-Community Property Intestacy,"At intestate death, the deceased spouse, automatically passes his share of the community property to the surviving member of the community."
-Separate Property Intestacy,"A surviving spouse is entitled to the entire separate property if the decedent died leaving no heirs (meaning no issue, parents, siblings or children of siblings), 1/2 of the decedent’s separate property if the decedent is survived by parents, siblings, issue of siblings or a single line of lineal descent (meaning that the decedent only had one child) and 1/3 of the decedent’s separate property if the decedent is survived by two or more lines of lineal decent. "
-Codicil,Codicil is an amendment to will and must be executed with will formalities.
-Doctrine of Republication by Codicil,"The doctrine of republication by codicil states that the entire will is deemed to be executed on date of the last codicil. Revocation of the will revokes all codicil, but revocation of a codicil does not revoke the will."
-Will Contest,"A will contest must be filed within three months of the will being admitted into probate. A contest must be made with someone with standing, which is an interested party with an economic interest that would be adversely affected by the will."
-Lack of Testamentary Capacity,"A lack of testamentary capacity requires showing by contestants by a preponderance of the evidence that 1) the testator be at least 18 years old, 2) the testator understands the nature of the act he was doing, 3) the testator understand the nature and character of his property, and 4) the testator know the natural objects of his bounty"
-Undue Influence,"Undue influence requires a showing by contestant by a preponderance of the evidence that 1) the tent be susceptible to unde influence, 2) the influencer exerted influence, 3) the testator’s mind was in fact overpowered and 4) the influencing resulted in a will or gift in the will that would not have been made but for the influence."
-Forfeiture Clause,"As long as contestant has probable cause and brings the suit in good faith, he will not have his rights forfeited; however if the suit is spurious, then it is enforceable."
-Revocation of Will,"A will may be revoked by 1) a subsequent, valid testamentary instrument or 2) by physical act to the will. If the will is lost a contestant must show 1) that the will was in legal existence, 2) the cause of the will’s non-production and 3) either a copy of the will or testimony of two witnesses who have read it or heard it read."
-Dependent Relative Revocation,The dependent relative revocation permits a court to disregard an act of revocation that 1) is premised or dependent upon a mistake of law or fact as to the validity of another disposition and 2) but for the mistake the testator would not have made the revocation
-Automatic Revival of Revoked Will,"If a subsequent will that invalidated an original will becomes invalidated, the original will is not valid unless it is executed again."
-Incorporation by Reference,"A writing that is not part of the will and was not present when the will was executed can be incorporated by reference to the will if 1) the writing was in existence when the will was executed, 2) the will manifests intent to incorporate the writing and 3) the will describes the writing sufficiently to permit its identification."
-Tangible Personal Property,"A will may refer to written statement or list that disposes tangible personal property, not stocks or real estate, not specifically disposed of by the will. The list must be 1) titled, 2) signed, 3) dated, 4) describe property and beneficiaries with reasonable certainty and 5) the list must refer to the will which it relates."
-Lapse,A gift lapses if a beneficiary predeceases the testator unless it is saved by the anti-lapse statute or a residuary clause.
-Anti-Lapse statute,Anti-lapse statute requires 1) predeceasing beneficiary to be a relative of the testator and 2) predeceasing beneficiary left descendants who survived the testator.
-Lapse in Residuary Clause,"If the residuary estate is devised to two or more persons and the gift to one of them fails for any reason, the surviving residuary devises take the entire residuary estate in proportion to their interests in the residue. However, if the gift could have been subject to the anti-lapse statute, the anti-lapse statute trumps."
-Simultaneous Death,"When passage of title to property depends on priority of death, and there’s insufficient evidence to determine which person (testator and beneficiary) died otherwise that simultaneously. With wills, it is presumed the beneficiary predeceased the testator."
-Abatement,"If assets are insufficient to cover the testator’s debts, debts and administration expenses are first paid out of intestate property, then residuary assets, then general and demonstrative legacies, then specific requests."
-Ademption,"Ademption determines what happens when property bequeathed under a will is no longer in the testators estate at the time of death. Usually the gift fails, however if the beneficiary was to receive a specific bequest that was sold by the estate, the beneficiary is entitled to remaining sale proceeds."
-Latent Ambiguities,To fix a latent ambiguity a contestant may introduce extrinsic evidence.
-Pretermitted,Execution before an event. Such as a pretermitted spouse or child. A pretermitted person gets an intestate share unless the will specifically omits that person.