CA Bar Mnemonics and Checklists Flashcards
What is the Subject Matter Jurisdiction checklist?
Does the federal court have SMJ over this claim?
- Is there a federal question?
- Is there complete diversity + AIC in good faith?
- Does supplemental jurisdiction give the court SMJ over the claim? (Common Nucleus of Operative Fact, T+O = Common Nucleus)
What is the Personal Jurisdiction Checklist?
Does the Court have Personal Jurisdiction over this defendant?
- Is there a traditional basis for PJ? (Physical presence, domicile, consent)
- Does a long-arm statute apply?
… if yes to 2, go to 3 - Is application of the long-arm statute constitutional?
a. Min Contacts (foreseeability and purposeful availment of forum state: specific PJ if claim arises out of contact with forum state, general PJ if D “feels at home”)
b. Fair Play + Substantial Justice (balance: burdening D of defending there, PL interest in obtaining relief, forum state interest in adjudication (health, public policy))
What is the Civ Pro Mnemonic?
In a Party Scenario, Video Jockeys Play Dope TAPs
- Personal Jurisdiction
- Subject Matter Jurisdiction
- Venue
- Joinder of claims + parties
- Pleadings
- Discovery + Pre-trial Motions
- Trial, Appeal and Preclusion
General Jurisdiction Prompt Question Checklist
- Does the Court have SMJ? (FQ? Div + AIC? Supplemental?)
- Does the Court have PJ (or jurisdiction over property)? (Traditional basis? Long-arm statute apply? Long-arm statute constitutional)?
- Has D been given Notice and Opportunity to be Heard? (Served in one of six ways?)
- Has there been proper Service of Process? (FRCP 4)
- Does the Court have venue? Is the case properly located in the system?
- Can the case be removed (state -> Fed court) or remanded (Fed -> state court)?
- Have any of the preceding issues been waived (SMJ never waivable)?
What is the Contracts Mnemonic?
Proper FriendS Don’t Pee Down Below Railroad Tracks, Only in fields
- Preliminary issues (governing law, type of contract)
- Formation + Statute of Frauds
- Defenses
- Parol Evidence + Interpretation
- Discharge
- Breach
- Remedies
- Third Party Rights
- Obligations
What is the Con Law Mnemonic?
2 State 3 Branches, Feds Due First
- Judicial Power
- Legislative Power
- Executive Power
- Interstate Commerce
- State Action
- Federalism
- Due Process + Equal Protection
- First Amendment
What is the Crimes Mnemonic?
Remember if you get ICED for a crime, you have Fourth, Fifth, Sixth and Other criminal procedure liberties.
- Elements: Mens Rea, Actus Reus, Concurrence and Causation
- Inchoate Crimes + Accomplice Liability
- Crimes against persons
- Crimes against property
- Defenses
- Fourth, Fifth and Sixth Amendments
- Other Criminal Procedure
What is the Mnemonic for Remedies?
The Remedies DR has 1 equitable medicine for Torts, 3 for Contracts and 2 for Property.
- Legal Remedies: Damages and Restitution
- Equitable Remedies: Torts - Injunction
- Equitable Remedies: Contracts - Recission + Reformation
- Equitable Remedies: Contracts - Specific Performance
- Land sale contracts
- Personal Property Ks, Construction Ks and Personal service Ks
- Torts committed against real and personal property
What is the Mnemonic for Professional Responsibility?
For Professional Responsibility, remember your duty of the 5 Cs to your client, plus Other Duties for Regulatory Controls.
- Conflicts of Interest
- Duty of Confidentiality
- Duty to Communicate
- Duty of Competence
- Other Duties
- Cash
- Regulatory Controls and Unauthorized Practice
[Crim Pro] What is the attack question outline for a 4th Amendment violation?
- Was there a state action?
- Does the defendant have standing/a reasonable expectation of privacy?
- Did the police have a valid search warrant?
- If no valid search warrant, does an exception to the 4th Amendment warrant requirement apply?
