Civ Pro Mnemonics

Question 1

Judicial Review - Considerations

Answer 1

RAMPS

Ripeness
Abstinence/Advisory Opinions
Mootness
Political Question
Standing

Question 2

Dormant Commerce Clause

Answer 2

RUDe

Regulates out-of-state activity
Unduly Burdensome
Discriminates agst. out-of-state competition.

Question 3

Preemption

Answer 3

MICE

Mutually Exclusive
Impedes Fed’l Objective
Clear attempt to Preempt field
Express preemption

Question 4

Obscenity

Answer 4

PAP

Patently Offensive
Artistic Value Lacking
Prurient Interest

Question 5

Congressional ability to regulate Interstate Commerce

Answer 5

ICES

INSTRUMENTALITIES
CHANNELS
ECONOMIC activities w/ a SUBSTANTIAL effect on IC

Question 6

Time, Place, & Manner

Answer 6

CAN

Content Neutral (facially and as applied)
Alternative Channels of Communication
Narrowly tailored to achieve a significant gov’t interest.

Question 7

Regulatory Taking

Answer 7

BEE

Balancing interests of state v. indv.;
Economic Impact
Expectations - investment-backed.

Question 8

Over what areas does SCOTUS have Original Jurisdiction?

Answer 8

PACS

Public Ministers
Ambassadors
Consuls
State as a Party

Question 9

Leading questions only allowed if the witness is HAIRY

Answer 9

HAIRY

Hostile
Adverse party
Identified or associated with adverse party
Recall (cannot recall events end recollection needs to be refreshed)
Young or old, so a communication issue exists

Question 10

**Expert witnesses
**

Answer 10

Judge looks to see if they wear a
CRAPE

Confirmed by testing
Reviewed by peers
Accepted (widely accepted theory in the profession)
Published
Error (potential rate of)

Question 11

Erie: If you can’t tell if law is substantive or procedural, what 3 Qs to ask to determine what law to apply?

FOB

Answer 11

FOB

Forum shopping
Outcome determinative
Balance of interests (Does the state have a greater interst in having its own law applied then the fed’l law?

Question 12

**Erie doctrine - when to use state law
**

Answer 12

PIPS

Privileges
Incompetency of witnesses
Presumptions and inferences
SOL

Question 13

Final Judgment Rule Exceptions

Answer 13

ICE PICC

Injunction
Controlling Issue
Extraordinary Writ

Partial Final Judgment
Important collateral issues (Collateral-order doctrine)
Certification by District Court
Class action certification

Question 14

What does the court consider prior to granting a preliminary injunction?

Answer 14

HELP

Harm (to Pl if not granted)
Evaluation of injuries (Pl’s harm v. D’s harm)
Likelihood of prevailing (Will Pl. prevail on the merits?)
public interest

Question 15

standing = RIC

Answer 15

r - redress
i - injury in fact
c - causation

Question 16

“SUH” = MAKES WORK PRODUCT DISCOVERABLE

Answer 16

S - SUBSTANTIAL NEED
U - UNDUE
H - HARDSHIP

Question 17

“LIE” - PRELIM INJUNCTION REQS

Answer 17

L - likelihood of sucess on merits
i - irrep harm
e - equit balancing test - favors pl.

Question 18

PIANO = COLLATERAL ESTOPPEL (ISSUE PRECLUSION)

Answer 18

Party in prior lawsuit
Identical Issue
Actually litigated and determined
Necessarily determined
Opportunity to litigate

Question 19

CID = EXCEPTIONS TO FINAL JUDG RULE

Answer 19

C = Class actions
I = Injunctions
D = Debatable questions of controlling law

Question 20

DUI = COLLATERAL ORDER DOCTRINE

Answer 20

D = Distinct from the merits of the case
U = Unreviewable if parties waited for final judgment
I = Important

Question 21

PURR - WITNESS REQUIREMENTS TO TESTIFY

Answer 21

P- PERSONALLY perceived the event; except for a witness’s expert testimony

U- UNDERSTAND and take the oath or affirmation

R- REMEMBER the event

R- be able to RECALL the event on the stand

Question 22

Appeal without a final judgment allowed when (exceptions to the final judgment rule)

Answer 22

In Certain Circumstances, An Appeal Can Be Made Prematurely

Injunction
Certification by District Court
Class action certification
Appointment of receiver
Admirality case
Collateral order doctrine
Bankruptcy
Mandamus
Patent infringement order