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Acronyms Flashcards

1
Q

Employer liable for employee intentional torts

A

AND

  • Specifically Authorized
  • Naturally occurring friction
  • Desire serve employer
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2
Q

Employer liable for independent contractor

A

EID

  • Estoppel
  • Inherently dangerous activity
  • Non-delegable Duty
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3
Q

Presumed partner if received shares, unless for:

A

DIRRSS
* Debt
* Interest/loan charge
* Rent
* Retirement/annuity
* Salary
* Sale of goodwill of business

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4
Q

Events triggering dissociation

A

E5BDPT
* Express will
* Event in Pship agreement
* Expulsion per Pship agreement
* Expulsion by unanimous vote if
- Unlawful continue w/ P; or
- P transfer all/substant all interests
* Expulsion by court
* Bankruptcy
* Death/incapacity
* Personal rep appt
* Termination entity partner

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5
Q

When court will pierce corporate veil

A

FACC
* Prevent Fraud
* Corp. is SH’s Alter ego
* Failure to follow Corporate formalities
* Inadequate Capitalization at inception

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6
Q

Abstention doctrines

A

BCPY
* Burford: interfere w/ complex reg scheme
* CO River: parallel state/fed actions pending
* Pullman: unsettled state law + case pend
* Younger: interfere w/ state judic proceeding

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7
Q

Compulsory counterclaim

A

CON
* Compulsory;
* Arises from same transaction/Occurrence as opposing party’s claim; and
* Does not require adding New party over whom court cannot acquire jurisdiction.

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8
Q

Same transact/occur (counter/cross claim)

A

LRELR
* Largely same issues of fact/Law;
* Res judicata would bar subsequent suit;
* Evid substantially same to support/refute both; and
* Logical Relationship between claims.

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9
Q

Permissive joinder

A

JOQS
* Joint and several relief asserted, or same transaction/Occurrence;
* Common Question of law/fact; and
* SMJ for each claim.

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10
Q

Required joinder

A

CILI
* Cannot grant Complete relief among existing without absent party;
* Absent claims Interest in action that would be Impaired/Impeded by absence; or
* Absence creates substantial risk to existing of multiple Liability/Inconsistent obligations.

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11
Q

Permissive intervention

A

TLC
* Timely; and either
- Common question of Law/fact with main action; or
- Conditional right to intervene in fed statute.

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12
Q

Intervention as of right

A

TIIR
* Timely;
* Interest in subject matter;
* Interest would be Impaired d/t action; and
* Non-party not adequately Represented by existing.

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13
Q

Class certification

A

HIAIAO ID PS
* Separate actions create risk of
- Harm to Interest of Absent members; or
- Inconsistent Adjudication for Other members.
* Party opposing acted/refused on grounds applying so generally to class that Injunctive or Declaratory relief appropriate to whole; or
* Common question law/fact Predominates over individual claims and class action is Superior method of adjudication.

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14
Q

Rule 11 certifications to court

A

PFED
* Presented for proper purpose;
* Claims, defenses, legal contentions warranted and non-Frivolous;
* Factual contentions have Evidentiary support or will likely after further discovery; and
* Denials of factual contentions warranted/reasonably based on lack of info.

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15
Q

Discovery of attorney work product

A

SNHU
* Substantial Need exists; and
* Substantial equivalent cannot be obtained without Undue Hardship.

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16
Q

Exceptions to appeal from only final judgment

A

54-SCC-WPC
* 54(b)
* Statutory Exceptions
* Certified Appeal Exception
* Collateral Order Doctrine
* Writs of Mandamus/Prohibition
* Pendant Appellate Jurisdiction
* Certification of Class Action

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17
Q

Discrim. impact under Negative Comm. Clause

A

NCC = NPP
* Narrowly tailored to achieve legitimate, non-Protectionist state objective (no less-discriminatory means available); and
* State/local gov is market Participant.

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18
Q

Balance test for Penn-Central takings

A

EIEIC
* Economic Impact of regulation on claimant;
* Extent of Interference w/ owner’s primary expectation for use of property; and
* Character of gov action.

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19
Q

Termination of offer before acceptance

A

LDRRS
* Lapse of time to accept;
* Death/incapacity of either party;
* Revocation by offeror;
* Rejection/counter-offer by offeree; or
* Supervening illegality.

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20
Q

Irrevocable offers to contract

A

MODS
* Merchant’s Firm Offer;
* Option contract;
* Detrimental reliance by offeree; and
* Start performance on unilateral contract.

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21
Q

Duty to disclose (misrep/concealment in K)

A

AFEM
* Active concealment of material fact occurs;
* Fiduciary relationship exists;
* Necessary to correct Earlier mistake; or
* Necessary to correct past Misleading statement.

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22
Q

Exceptions to Parole Evidence Rule

A

CDPV
* Correct Clerical error/typo
* Establish Defense against formation
* Supplement Partially integrated writing
* Interpret Vague/ambiguous terms.

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23
Q

Disclaim Implied Warranty of Fit for Partic Purp

A

WACC
* Conspicuous Writing;
* “As is” type language;
* Waiver if certain defects can be reasonably discovered upon inspection by buyer; or
* Course of dealing, performance, or usage of trade.

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24
Q

Contract remedies

A

CELL CIMPLRR
* Cover damages (UCC)
* Expectation damages
* Lost profits (UCC)
* Loss-in-value (UCC)
* Consequential
* Incidental (UCC)
* Market
* Punitive
* Liquidated
* Restitution
* Reliance

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25
Q

Expectation damages

A

CFCU
* Caused by defendant (actual);
* Foreseeable (proximate);
* Certain; and
* Unavoidable.

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26
Q

Consequential damages

A

FCK
* Foreseeable at Formation;
* Reasonably Certain; and
* Defendant Knew/reason to know of special circumstances.

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27
Q

UCC seller’s remedies/damages

A

WCC LIIMBR
* Withhold delivery
* Cancel
* Cover damages
* Lost profits
* Insolvent buyer; stop delivery
* Incidental damages
* Market damages
* Breach by buyer; stop delivery
* Replevy identified goods

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28
Q

Malice aforethought

A

I3R
* Intent to kill;
* Intent to inflict great bodily injury;
* Intent to commit inherently dangerous felony under Felony Murder Rule; or
* Reckless disregard of extreme risk to human life.

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29
Q

Exceptions to warrant requirement

A

CAPE AS IF
* Consent
* Automobile exception
* Plain View Doctrine
* Exigent Circumstances
* Incident to Arrest
* Special needs per SCOTUS
* Inventory search
* Stop and Frisk

30
Q

Exigent circumstances for warrant exception

A

IFEA
* Prevent Imminent destruction of evidence
* Hot pursuit of Felon and evidence in plain view
* Evanescent evidence (disappear/dissipate)
* Emergency Aid exception

31
Q

Exceptions to double jeopardy

A

HRB MSR
* First trial ends in Hung jury
* Original trial terminated at defendant’s Request but not acquittal on merits
* Defendant Breaches plea agreement
* Manifest necessity to end original trial
* Defendant consents to Sever charges into Separate trials
* Retrial after successful appeal, unless based on insufficient evidence to support verdict

32
Q

Rule 403(b) excl. – danger outweigh prob val

A

CCMPUT
* Confusing jury;
* Needlessly cumulative;
* Misleading jury;
* Unfair prejudice;
* Undue delay; or
* Wasting time.

33
Q

Best Evidence Rule exceptions

A

LD PRN
* Original Lost/Destroyed (not by bad faith of proponent);
* Reliable Duplicate;
* Cannot be obtained by available judicial Process;
* Not closely Related to controlling issues; or
* Not produced after proper Notice to party in control and against whom would be offered.

34
Q

Expert witness’s reliable principles/methods

A

STEAP
* Standards and controls;
* Testability;
* Error rate;
* General Acceptance in field; and
* Peer review and publication.

35
Q

Prior bad acts admissible (non-propensity)

A

PIMI OK CPS AMA
* Preparation
* Identity
* Motive
* Intent
* Opportunity
* Knowledge
* Common Plan or Scheme
* Absence of Mistake/Accident

36
Q

Impeachment methods

A

ABCD 3-prior
* Ability to observe, remember, or relate accurately
* Bias
* Character for truthfulness
* Hearsay Declarant
* Prior inconsistent statements
* Prior convictions
* Prior bad acts (specific instances of conduct)

37
Q

Hearsay exclusions/exceptions

A

POW-C3P M2F BEDS
* Statement by Party Opponent
* Prior Witness statement
* Co-Conspirator admissions
* Present sense impression
* Past recollection recorded
* Public records
* Statements for Medical diagnosis/treatment
* Statements of Mental/emotional/physical condition
* Former testimony
* Business records
* Excited utterance
* Dying Declaration
* Statements against interest

38
Q

Declarant unavailable to testify

A

PRISM
* Exempt from testifying d/t Privilege;
* Refuses to testify despite court order;
* Illness or death prevents testifying;
* Beyond reach of Subpoena and cannot procure attendance by reasonable means; or
* Memory is problem (testifies does not remember).

39
Q

Grounds for divorce

A

ANDAC
* Adultery
* No-fault
* Habitual Drug/alcohol use
* Abandonment for time set by statute
* Cruel and inhuman treatment

40
Q

Factors equitable distribution marital property

A

DEALS IS
* Duration of marriage;
* Earning capacity;
* Age of spouses;
* Lifestyle;
* Separate property of each;
* Income; and
* Services provided by spouse who stayed home or put career on hold.

41
Q

Factors to determine spousal support amount

A

MAD SAT
* Money/financial resources of seeking party;
* Age and physical/emotional condition of seeking party;
* Duration of marriage;
* Standard of living established during marriage;
* Ability of spouse paying support to meet own needs while paying; and
* Time necessary for seeking spouse to obtain appropriate job (including time for education/training).

42
Q

Child custody jurisdictions (UCCJEA)

A

SHT MN
* Significant Connection
* Home State
* Temporary Emergency
* More Appropriate Forum
* No Other State

43
Q

Four unities – joint tenancy

A

TTIP
* Received at same Time
* Acquired Title in same instruments
* Equal Interests
* Rights to equal Possession

44
Q

Enforce benefit of real covenant

A

WIT+V
* In Writing satisfies statute of frauds;
* Intent for covenant to run with land;
* Touches and concerns land (increases value/usefulness); and
* Vertical privity between succeeding parties.

45
Q

Enforce burden of real covenant

A

WIT+V+H+N
* In Writing satisfies statute of frauds;
* Intent for covenant to run with land;
* Touches and concerns land (increases value/usefulness);
* Vertical privity between succeeding parties;
* Horizontal privity between original parties; and
* New owner had Notice.

46
Q

Enforce benefit of equitable servitude

A

WIT
* In Writing satisfies statute of frauds;
* Intent for covenant to run with land; and
* Touches and concerns land (increases value/usefulness).

47
Q

Enforce burden of equitable servitude

A

WIT+N
* In Writing satisfies statute of frauds;
* Intent for covenant to run with land;
* Touches and concerns land (increases value/usefulness); and
* New owner had Notice.

48
Q

Termination of easement

A

TIE CRAMP
* Termination of necessity that created it;
* Involuntary destruction of servient estate;
* Estoppel;
* Condemnation of servient estate;
* Written Release;
* Abandonment;
* Merger; or
* Prescription.

49
Q

Adverse possession

A

EACH-O
* Exclusive;
* Actual;
* Continuous for statutory period;
* Hostile and under claim of right; and
* Open and notorious.

50
Q

Protected classes under Fair Housing Act

A

FORRDS
* Familial status (except 55+ community)
* National Origin
* Race/color
* Religion
* Disability
* Sex

51
Q

Exemptions to Fair Housing Act

A

PROS
* Private clubs that restrict occupancy to members
* Religious organizations
* Owner-occupied buildings with no more than 4 units occupied by persons living independently of each other
* Single-family houses sold/rented by owner without agent, who owns 3 or less homes at time

52
Q

Types of collateral

A

ICE CAP’D
* Inventory
* Consumer Goods
* Equipment
* Chattel Paper
* Accounts
* Proceeds
* Deposit accounts

53
Q

Transfers free of security interest

A

ACC BS
* Secured party Authorizes disposition free of security interest
* Consignment
* Consumer-to-consumer rule
* Buyer in the ordinary course of business
* Transfer and Shelter Principle

54
Q

Intentional torts

A

CABFIL
* Trespass to Chattels
* Assault
* Battery
* False imprisonment
* Intentional Infliction of emotional distress
* Trespass to Land

55
Q

Privileges (defense to intentional torts)

A

SPAIN CD
* Self-defense/defense of others
* Defense of Property
* Privilege to Arrest
* Detain for Investigation
* Necessity
* Recapture of Chattels
* Discipline of children

56
Q

Exceptions to lack of duty to act/render aid

A

LPRS
* Imposed by Law
* Defendant put plaintiff in Peril
* Defendant undertakes to Rescue plaintiff
* Special pre-existing relationship

57
Q

Types of trusts

A

CRIP DIRTS
* Charitable
* Revocable
* Irrevocable
* Pour-over provision
* Discretionary
* Illusory
* Resulting
* Testamentary
* Support

58
Q

Purposes of charitable trusts

A

PEHOG
* Relief of Poverty
* Advancement of Education/religion
* Promotion of Health
* Other purposes benefitting community
* Governmental/municipal purpose

59
Q

Exceptions to spendthrift interests

A

CSING
* Order for Child/Spousal support
* Self-settled (revocable) trust
* Judgment creditor provided services to protect B’s Interest in trust
* Creditor furnished Necessities
* Government claim (lien)

60
Q

Exceptions to trustee self-dealing (duty loyalty)

A

CC TOM
* Court approved
* B Consented, ratified, or released T of liability
* Terms of trust authorized
* Occurred before person became T
* Missed statute of limitations by B

61
Q

Modification of trusts (UTC)

A

S, S+B, B+C, FUC VNNI
* S while alive, by later will/codicil, or other method manifesting clear and convincing evidence of intent (unless trust instrument provides otherwise).
* S+B consent
* Bs consent + Court determines modification not inconsistent with trust purpose.
* Will Further purposes of trust because of Unanticipated circumstances
* Cy pres doctrine applies
* Court determines Value of trust property insufficient to justify cost, and Notice to all Bs.
* Necessary to conform to S’s Intent/tax objective.

62
Q

Termination of trusts (UTC)

A

S+B, B+C, FUUC RIP
* S+Bs consent
* Bs consent + Court determines continuance unnecessary to achieve any purpose.
* Furthers purpose due to Unanticipated circumstances.
* Unlawful, contrary to public policy, or impossible to achieve.
* Cy press applied to terminate
* Revoked or expired pursuant to terms
* Insufficient value to justify continued administration
* Material Purpose achieved

63
Q

Prima facie case of undue influence (wills)

A

WAP-R
* T had Weakness that made susceptible to influence;
* Wrongdoer had Access and opportunity to influence T;
* Wrongdoer actively Participated in drafting will; and
* Unnatural/unexpected Result.

64
Q

Common law presumption of undue influence

A

CAR
* Confidential relationship existed between T and wrongdoer;
* Wrongdoer Actively participated in drafting will; and
* Unnatural Result occurred.

65
Q

Conditions on approval of permit

A

PERmIt:
Essential nexus
Individualized determination
Roughly proportional

66
Q

Warranty: covenants of title

A

RES FEW

Present
- Right to convey
- Against Encumbrances
- Seisin

Future
- Further assurance
- Quiet Enjoyment
- Warranty

67
Q

Trustee’s duty of loyalty

A

SIC

  • Self-dealing
  • Impartiality
  • Conflict of interest
68
Q

UIFSA bases for PJ in child support

A

CRAP POPS

Consent/waive
Reside in state w/ kid
Act/direct where reside
Prenatal expense/support
Putative father registry
Other Constitutional
Personal service
Sex/conceived

69
Q

Affirmative defenses

A

PASSED CLIF WRRL

Payment
Assumption of risk
SoF
SoL
Estoppel
Duress

Contributory negligence
Lack of consideration
Illegality
Fraud

Waiver
Release
Res judicata
License

70
Q

Contract performance issues

A

WARD 3rd BIG CAR AS IF

  • Warranties
  • Anticipatory Repudiation
  • Divisible performance
  • 3rd parties
  • Breach (major/minor and perfect tender)
  • Impossibility
  • Good faith/fair dealing
  • Condition precedent
  • Acceptance/Revocation
  • Accord/Satisfaction
  • Impracticability
  • Frustration of purpose
71
Q

Criminal Defenses

A

DIM ID

  • Duress
  • Insanity
  • Mistake of law/fact
  • Intoxication
  • Defense (self/others)
72
Q

Contract Defenses

A

DRUM IIMU

  • Duress
  • Restraint of trade
  • Undue influence
  • Mistake (unilateral/mutual)
  • Illegality
  • Incapacity
  • Misrepresentation
  • Unconscionability

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