a. 3 Tax Issues:
a. Is the sale of the house considered a like-kind exchange?
b. How much appreciation on the house has occurred?
c. What is Toms motive for the transaction? Are the purpose and intent reasonable?
a Closely held corporations that elect to be taxed under Subchapter S of Chapter 1
of the IRC. In general, S Corporations do not pay any federal income taxes.
Instead, the income or losses are divided a
a. Sell, stock, capital loss, brother-in-law, deduction
b. IRC Sections:
a. Section 165 - Losses
i. General Rule: There shall be allowed as a deduction any loss sustained
during the taxable year and not compensated
a. Individual retirement account (IRA), early withdrawal penalty, taxation, related
parties, education exemption
b. IRC Sections:
a. 408 Individual Retirement Accounts
i. A trust created or organized in the United S
Problem #21: 2, 4
Problem #22: 1, 2, 3
2503: section on taxable gifts
2503(b): exception for $14,000 gift tax exclusion per donee
*has to be a gift of PRESENT interest to be eligible for the annual exclusion
Baseline test for possession?
Vary based on object/location (custom)?
What are we rewarding/discouraging?
What is fair? Predictable? Easy to administer?
Good for society?
Importance of relationships
Property law r
Secured Transactions Fall 2016 Henning
Cast of Characters
Debtor person having an interest, other than a security interest or other lien, in the collateral
Secured Party person in whose favor a security interest has been created
Obligor person with mone
Wills & Estates
-Property that passes to a decedents beneficiaries by intestate succession
-Property that passes to a decedents beneficiaries by testate succession
On one of the MP questions, one of the definitely wrong answers will have the word
Parol Evidence Rule:
o UCC 2-202. Final written expression: Parol or Extrinsic Evidence:
a) Terms with respect to which the confirmatory m
Challenges with the profession
A. Role of the Lawyer on Society
a. The Effects of Economic Recession
i. Unemployment rose to 10%
ii. Some law firms fired nearly 200 lawyers in a single day
iii. Large firms had laid off nearly
CONSTITUTIONAL LAW OUTLINE
Rambo Fall 2015
Constitution v. Articles
dramatically changed power of Congress
- power to: tax, regulate interstate commerce, borrow, regulate immigration, copyright/trademark
executive branch, judicial branch all 3 branches
1 The Fourth Amendment
Right of the people to be secure in persons and effects against unreasonable searches and seizures shall not be violated
The 4th Amendment Generally
Key Roles. The Fourth Amendment is the laws chief source of privacy prote
Evidence Spring 2016 Outline
I. Rule 401 Evidence is relevant if it has any tendency to make a material fact more probable or less
probable than would be the case without such evidence.
II. Rule 403 All relevant evidence is admissible, unless th
Ford v. Trident Fisheries Co.
Procedural History: Action for damages based on
negligence. At the close of the plaintiffs evidence, the judge
upon motion of the defendant, ordered a verdict for the
Boyce v. Brown
Procedural History: The case was tried to a jury and, at
the close of the evidence for the plaintiffs, the court granted
a motion for an instructed verdict in favor of the defendant,
on the grounds there was no
Baker v. Fenneman & Brown Properties, L.L.C
Indiana Court of Appeals (2003)
- The trial court granted Taco Bells motion for summary
- Taco Bell employee testified in her disposition that she
offered assistance t
Christman v. Davis
Procedural History: Plaintiff sues defendant for dental
malpractice, lack of informed consent, and battery. Plaintiff
dismissed dental malpractice and lack of informed consent.
The court granted summary jud
Fisher v. Carrousel Motor Hotel
Procedural History: Trial was to jury who found in favor of
Fisher. Judge rendered judgment for the defendants not
withstanding the verdict. The Court of Civil Appeals affirmed.
The Court of Civi
Brzoska v. Olson
Procedural History: After limited discovery, the Superior
Court granted summary judgment in favor of Dr. Owens
estate, ruling that in the absence of physical harm, plaintiffs
were not entitled to recover.
Courvoisier v. Raymond
Procedural History: Trial court found defendant acted
willfully, knowingly, and maliciously and without any
reasonable cause. Defendant pleads five separate
defenses, in effect, a justification by reas
Demers v. Rosa
Connecticut Court of Appeals (2007)
- To recover damages from the defendant, Rosa, for injuries
sustained in an incident involving the defendants roaming
dog. The trial court without a jury found the defen
Derdiarian v. Felix Contracting Corp.
New York (1980)
- Action in negligence for recovery of damages for personal
injury. Jury found in favor of the plaintiff, Derdiarian.
- Derdiarian, working in an ex
De May v. Roberts
Procedural History: On assault, the case was tried by a
jury, and returned a verdict for the plaintiff. The trial court
entered judgment on the verdict and the defendant
- plaintiff was a p
Cordas v. Peerless Transportation Co.
New York City Court (1941)
Procedural History: Trial court dismissed the plaintiffs
complaint of negligence on the part of the defendant.
- A taxi driver, working for Peerless Transportation Co.,
Delair v. McAdoo
Procedural History: The jury found for the plaintiff in the
sum of $7,500. The court below granted defendant a new
trial on the ground that the verdict was excessive, but
refused defendants motion for a
Dougherty v. Stepp
North Carolina (1835)
Procedural History: Judge held act not to be a trespass,
and the jury under his instructions, found a verdict for the
defendant, plaintiff appealed.
- defendant had entered on the unenclosed l
Wills, Trusts and Estates
Class #1: Pg. 1-28
The Power to Transmit Property at Death
Inheritance property that passes to a decedents beneficiaries by intestate
Will property that passes to a decedents benefici
Running Head: Bounds v Smith Case Brief
Memorandum and letter
Introduction to Law Assignment #2
Bounds v Smith Case Brief
Case: Bounds v Smith (1977)
Facts: Bounds v Smith is a case in which the parties are in dispute revolves around the