Daily Reminders Flashcards
name the specific intent crimes
Solicitation Conspiracy Attempt First Degree Murder Assault Larceny Embezzlement False Pretenses Robbery Burglary Forgery
Students Can Always Fake A Laugh Especially For Ridiculous Bar Facts
MPC Mental States
purposefully: conscious objective to achieve something.
Knowingly: aware that his conduct with likely cause a result.
Recklessly: consciously disregards a substantial and unjustifiable risk.
Negligently: fails to be aware of a substantial and unjustifiable risk.
Accomplice liability
1st degree - someone who actually engaged in the act.
2nd Degree - Aids, advises, or encourages the principal AND IS present at the crime.
before the fact - aid, advise, or encourages BUT NOT present at the crime.
After the fact - persons who assist the principal after the crime.
When are specific instances of conduct admissible into evidence?
When proving MIMIC:
Motive Intent (Absence of) Mistake Identity Common Scheme (Signature crime or modus operandi)
Statements that are non-hearsay
- Prior inconsistent statement (under oath).
- Prior consistent statement (rebut lying)
- Prior identification
- Adopted by an opposing party (agent or co-conspirator)
Think: Prior Adoption
Hearsay exceptions when the declarant is unavailable
- Intentionally procured declarant’s unavailability
- Former testimony
- Statement against interest
- Dying declaration
- Statement of personal or family history
Intentional Testimony Against Dead Family
Hearsay exceptions when Declarant is available
Family records Learned treatise Ancient documents Public records Property interest docs Excited utterance Reputation Market report Recorded recollection Business records Judgments Medical diagnosis Present sense impression Present state of mind Present bodily condition
FLAPPER - MR.BJ - Make PPP
What is the Marriage of Lucas?
When one spouse dies, the other spouse has no SP interest and no claim for reimbursement unless she can establish that there was an agreement to have SP interest or be reimbursed.
Anti-lucas statute
Upon death, same as lucas case: No reimbursement or SP interest unless express statement in deed/ title or written agreement.
Upon divorce, reimbursement is allowed for DIP.
Down payment
Improvements
Principal payments on mortgage.
Business Valuation when business is started before marriage and grown during marraige:
PERERIA case - P: Personal skills and effort
Business is CP because of the personal skills and effort the spouse used to increase the value of the business.
VAN CAMP - VC: Valuable Company or asset; Value the Community labor, then the rest is SP.
How to divide stock options
Marriage of Hug - (Length of marriage / total length of options.
Marriage of Nelson - (Length of options during marriage / total length of options)
Common law elements to Burglary
Breaking and Entering into the Dwelling place of anOther in the Nighttime with Intent to commit a felony therein
MPC Elements to burglary
(1) A person entering;
(2) A building of another; and
(3) With the purpose to commit a crime therein.
Did away with dwelling and nighttime elements.
Common law larceny
1) The unlawful taking and carrying away;
2) Of someone else’s property;
3) Without the consent of the owner; and
4) With the intent to permanently deprive the owner of the property.
Requirements of a valid will
- Legal Capacity
- Testamentary Capacity — Sound Mind
- Testamentary Intent
- Formalities
a. Attested [witnessed]
b. Holographic [entirely in testator’s handwriting]
Insanity defense tests
1) MPC - lacked the capacity to appreciate the criminality OR conform his conduct to the law.
(Mental caPacity Conduct)
2) Irrestistible Impulse test - unable to control his actions or conform his conduct to the law.
3) m’Naughten Rule - D has a disease of the mind, and it caused the defect of reason, and D lacked the ability to know the wrongfulness of hs actions or understand the nature and quality of his actions.
Not (Naught) Ten/ten
4) Durham Test - crime was a product of mental illness.
M.I.N.D.
Trust Formation elements:
1) Intent,
2) Identifiable Corpus (property)
3) Beneficiaries
4) Proper purpose
5) mechanics and formalities (SOF, etc.)
PR Duties of an attorney
- Confidentiality
- Loyalty
- Financial Responsibilities
- Competence
- Candor/Truthfulnes
- Fairness
- Dignity/Decorum
Mnemonic: Clients Love Fierce Counsel; Courts Feel Differently.
Discrimination - suspect classes and fundamental rights
.
Cases where statute of frauds is required
- Marriage
- Year (one)
- Land sale
- Executor contracts
- Guarantor assuming debt
- Sale of goods > $500
MY LEGS
Felony Murder Crimes
Burglary Arson Assault Robbery Kidnapping
BAARK
Crime Defenses
CANDID CRIME I PAID
Consent Arrest Necessity Duress Insanity Diminished Capacity
Claim of right Resisting unlawful arrest Intoxication Mistake Entrapment
Impossibility
Prevention of crime
Abandonment
Infancy
Defense (self, others, property)
Non-hearsay
Prior Inconsistent statement under oath
Prior consistent statement to rehab or rebut charge of lying.
prior statement of ID
Adoptive admission (opposing party statement)
PRIOR ADMISSION
Suspect Classification
Race
Alienage (sometimes)
National origin
RAN
Fundamental rights
1st amendment
Voting
Interstate travel
Privacy
1 VIP
Civ Pro defenses
(1) lack of subject-matter jurisdiction;
(2) lack of personal jurisdiction; (waivable)
(3) improper venue; (waivable)
(4) insufficient process; (waivable)
(5) insufficient service of process; (waivable)
(6) failure to state a claim upon which relief can be granted; and
(7) failure to join a party under Rule 19.
2-5 are waivable.
Reasons for relief of judgment and new trial
1) mistake, surprise, excusable neglect (within 1 year);
2) newly discovered evidence (within 1 year);
3) fraud by the other party (within 1 year);
4) judgment void;
5) judgment satisfied;
6) any other reason that is determined to be fair by the court.
Federal service requirements
1) personal service;
2) left at the home with suitable age living there;
3) service upon authorized agent;
4) under state rules;
5) vial mail by waiver
When is venue proper?
1) any district where a D resides if all D’s are in-state;
2) where the action occurred;
3) if not 1 or 2, then any state where PJ is satisfied for any D.
Elements for issue preclusion
1) prior action ended in Final judgment
2) issue actually Litigated
3) issue was Essential to the judgment
4) party bound by prior judgment was a party or in Privity in prior action.
FLEP
Final Litigation Essentially Privity
Privacy Torts
1) appropriation for Commercial advantage
2) intrusion upon Seclusion
3) false Light
4) public disclosure of Private fact.
CILP
Commercial Intrusion Lights Privates
Lemon Test
Two dudes entangling arms, sharing a urinal, saying Per-Fect
excessive entanglement
non-secular purpose
effect to enhance religion.
Slander per se
Damages are presumed
Crimes
Loathesome disease
Unchastity of woman
Business
CLUB
Intentional Infliction of Emotional Distress
1) Intentional conduct
2) Extreme and outrageous
3) Distress (emotional)
IED
Commerce Clause analysis
Congress may regulate:
1) Channels
2) Instrumentalities
3) Activities with substantial effect
CIA.
For intrastate activities, rational basis applies if there is:
1) economic or commercial activity
2) the activity IN AGGREGATE substantially affects interstate commerce.
Cannot aggregate non-commercial activites
Murder Essay Analysis
Murder is the unlawful killing of another human being with malice aforethought.
Malice aforethought is present when the defendant has any of the following states of mind: (i) the intent to kill, (ii) the intent to inflict great bodily injury, (iii) reckless indifference to an unjustifiably high risk to human life, or (iv) the intent to commit a felony.
4th amendment template
4th amendment is applicable to the states via the 14th amendment.
Was there Government Conduct?
Was there a Reasonable Expectation of privacy?
Warrant requirement (Yes, unless exception)
Exceptions
Commerce power Template
Under the commerce clause, Congress has the broad power to regulate the 1) channels, 2) instrumentalities, and 3) activities of interstate commerce. (CIA)
Only economic activities that are have a substantial effect on interstate commerce can be regulated under prong 3.
Congress may regulate intrastate activities if, in in aggregate, the activities could have a substantial effect on interstate commerce.
Dormant Commerce Clause Template
A state law that discriminates against out of state competition is invalid unless:
1) the law furthers an important state interest and there are no reasonable alternatives.
2) state is a market participant
3) the action is a traditional government function (voting).
A law that doesn’t discriminate is invalid if the burden to interstate commerce outweighs the state’s interest.
Personal Jurisdiction Template
TRADITIONAL PJ LONG ARM STATUTE CONSTITUTIONAL LIMITATIONS For the court to have PJ over an out-of-state person or entity, the exercise of PJ must be authorized by long arm statute and must be constitutional which means there must be sufficient contacts with the forum state so as to not offend the traditional notions of fair play and substantial justice. - Minimum contacts - Purposeful availment - Foreseeability - Relatedness of the claim to the contact
GENERAL JX SPECIFIC JX - fairness - Convenience - state's interest - other factors
False Imprisonment Elements
unlawful confinement without consent that substantially interferes with the victims liberty.
Contracts Essay Template
Governing Law Contract formation SOF Breach Damages
Defenses to Contract formation
Mistake Unconscionability Statute of frauds Capacity (lack of) Illegality Duress/fraud
MUSCID
Duty of director
Duty of care.
Duty to disclose.
duty of loyalty
