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CA Bar Acronyms > MBE > Flashcards

MBE Flashcards

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MBE flashcards
1
Q

MIMIC (Evidence)

Evidence otherwise barred May be offered to prove:

A

Motive, Intent, Absence of Mistake, Identity, Common Plan

This includes specific bad acts on CX, or evidence barred by public policy considerations (ex. Insurance policy offered to prove motive for arson)

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2
Q

PITT (Real Property)

Joint tenancy requirements: unity of

A

Possession, Interest, Title, Time

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3
Q

CATS (Criminal Law)

Inchoate crimes

A

Conspiracy, Attempt, Solicitation

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4
Q

FIAT (Criminal Law)

Specific intent crimes

A

Specific intent crimes:

First degree murder,** I**nchoate Crimes, Assault, Theft crimes (ALL)

Theft crimes include: Robbery, Larceny (incl. larceny by trick), False pretenses, Embezzlement, and Forgery

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5
Q

SKEET (Evidence)

Daubert expert criteria

A

Skill, Knowledge, Experience, Education, Training

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6
Q

PST! RAVE (Con Law)

Situations that trigger SS

A

Privacy, Speech, Travel, Race, Alienage (sometimes), Voting, Ethnicity

Alienage is SS only if it involves a state v resident aliens; else RB

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7
Q

U SMALL MIND (Contracts)

Reasons to not enforce a contract

A

Unconscionability, Statute of Frauds, Mistake, Ambiguity, Lack of Consideration, Lack of Capacity, Misrepresentation, Influence (undue), Non-disclosure, Duress

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8
Q

AID(Criminal Law)

Factors mitigating murder to voluntary manslaughter

A

Adequate provocation, Imperfect self-defense, Diminished capacity

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9
Q

ESCAPES (Criminal Procedure)

When warrantless searches/seizure permissible

A
  • Exigent circumstances (including community caretaking, hot pursuit, destruction of evidence)
  • Search incident to lawful arrest
  • Consent
  • Automobile
  • Plain view
  • Evidence obtained from admin searches
  • Stop and frisk
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10
Q

ASS (Criminal Procedure)

With PC, exceptions to seizure warrants

A

Arrest, Stop and frisk, Seizure by deadly force

RS sufficient for stop and frisk

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11
Q

SCAT (Criminal Procedure)

Exceptions to search and seizure warrants

A

Search incident to lawful arrest, Consent search, Administrative search, Terry stop

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12
Q

PVPs

Waivable defenses

Must be put in first Rule 12 response, motion or answer

A

No Personal Jurisdiction, Improper Venue, Improper Process, Improper Service of Process

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13
Q

“First Deputy on the SSS” (Evidence)

Hearsay Exceptions Requiring Unavailability

A

Former testimony, Dying declaration, Statement against interest, Statement of personal/family history, Statement against party who procured declarant’s unavailability

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14
Q

HEC-N (Torts)

Abnormally dangerous activity components

A

High risk of physical harm, and Elimination of that risk is impossible
despite reasonable Caution
Activity Not common in community

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15
Q

ZDPS (Torts)

NIED - Near Miss Cases

A

P was in Zone of Danger
P suffered Physical Symptoms from distress

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16
Q

CPP (Torts)

NIED - Bystander Cases

A

P and injured person Closely related
P present at the scene,
Personally observed the event

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17
Q

AHCK! (Torts)

Landowner duties to known trespassers

A

Landowner must warn known trespassers of Artificial, Highly dangerous, Concealed,** K**nown conditions

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18
Q

Louis CK (Torts)

Landowner duties to licensees

A

Licensees must be warned of Concealed, Known dangers

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19
Q

ICKD (Torts)

Landowner duties to invitees

A

Landowners must warn** I**nvitees of Concealed and Known or Discoverable dangerous conditions

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20
Q

“Please Make Everyone Careful” (Torts)

Special relationships imposing duty to control another’s behavior

A
  • Parent/child
  • Mental health professional/patient
  • Employer/employee
  • Custodian/prisoner
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21
Q

“Please Help Ensure Safety Concerns Can’t Injure” (Torts)

Special relationships imposing duty to protect another

A
  • Parent/child
  • Hospital/patient
  • Employer/employee
  • Shopkeeper/business invitee
  • Common carrier/passengers
  • Custodians/person in custody
  • Innkeeper/guests
22
Q

EIC (Con Law)

Elements of the Penn Central balancing test

A
  • Extent to which regl. interferes w/ investment-backed expectations
  • Impact of the regulation on claimant (financially)
  • Character of gov’t action - is it for the public welfare?

Penn Central test applies when a partial taking occurs

23
Q

PUSH (Con Law)

Factors demonstrating field preemption

A
  • Pervasiveness of federal regl.
  • Uniformity of fed regl.
  • Similarity between fed/state law
  • History of subject matter (typically state/federal?)
24
Q

MILD (Con Law)

Federal police power encompasses

A
  • Military
  • Indian tribes in Indian land
  • Fed Lands/territories (excluding wild animals in federal land)
  • DC
25
Q

EAR PVP (Con Law)

Powers of POTUS

A
  • Enforcement of laws: Take Care Clause. May delegate to other exec officers
  • Appointment power: Can appoint officers and high-level officials w/ Senate consent
  • Removal power: Can remove high-level, purely executive officials w/o cause
  • Pardon power: Can pardon federal criminals
  • Veto power: Must wholly veto proposed legislation w/in ten days of passing; otherwise, law
  • Privileges: Absolute privilege to refuse to disclose nat’l security interests. Qualified privilege to confidential communications between POTUS and advisors.
26
Q

BREW (Con Law)

POTUS Powers as Commander in Chief

A
  • Battlefield tactical decisions
  • Respond to attacks (only Congress can declare war)
  • Emergency power (send troops abroad w/o declaration of war)
  • Wartime power (seize private property in wartime)
27
Q

First VIP (Con Law)

Fundamental rights (SS)

A
  • First Amendment freedoms (speech, religion, association)
  • Voting
  • Interstate travel
  • Privacy rights (CAMPER minus the A)
28
Q

CAMPER minus the A (Con Law)

Privacy rights under substantive due process (SS)

A
  • Contraception
  • Abortion - no longer privacy right, gets RB review
  • Marriage
  • Procreation
  • Education (private)
  • Right to raise your family
29
Q

RAN (Con Law)

Suspect classifications under the Equal Protection Clause (SS)

A
  • Race
  • Alienage (unless public function at issue)
  • National origin
30
Q

“Clients love fierce counsel; courts feel differently” (PR)

Major ethical obligations

A

Competence, loyalty, fees, confidentiality to clients, candor, fairness, diligence & decorum

31
Q

“I can’t practice running backwards” (Trusts)

Requirements of a valid trust

A

Intent to create a trust, competence, valid purpose, res, ascertainable beneficiaries

32
Q

Good Dog (Remedies)

Grounds for rescission of a contract

A

Grounds: NO mutual assent (found via party’s verbal bad acts: mistake, fraud, misrepresentation OR an underlying issue with the contract: illegality, undue influence, lack of capacity, lack of consideration) and no Defenses (laches, unclean hands)

Rescission voids K, putting parties where they were if K not formed

Plaintiff’s negligence is NOT a defense to rescission

33
Q

Very Good Dog (Remedies)

Grounds for reformation of a contract

A

Valid contract (i.e., mutual assent), Grounds (mutual or unilateral mistake, misrepresentation), and no Defenses

Reformation rewrites K to conform to parties’ true intent

Plaintiff’s negligence is not a defense to reformation

34
Q

“Vinny Can’t Intentionally Fall Down” (Contracts/Remedies)

When specific performance available

A

D must perform when:
* Valid K with definite/certain terms
* Conditions for performance met
* Inadequate legal remedies (ex. unique good, land automatically unique)
* Feasibility of enforcement
* Defenses unavailable

35
Q

BaMaNa (Contracts/Remedies)

Elements of mutual mistake

A
  • Mistake involves Basic assumption on which K was made,
  • Materially affects the K, and
  • Party seeking avoidance did Not assume the risk
36
Q

First Discuss Over Coffee (PR)

Requirements to enter into business transaction with C

A
  • Fair terms,
  • Disclosed to client, and C has
  • Opportunity to get outside counsel, and C gives informed
  • Consent
37
Q

VIDS (Crim)

Factors triggering aggravated assault

A
  • Violent crime Intended
  • D used a Dangerous weapon, or
  • Victim was Specially protected (child, woman, police officer)

Aggravated assault is a felony

38
Q

SIDS (Crim)

Factors triggering aggravated battery

A
  • Victim was Seriously Injured
  • D used a Deadly Weapon, or
  • Victim was Specially protected (child, woman, police officer)

Aggravated battery is a felony

39
Q

VIT (Real Property)

Requirements to enforce benefit of covenant

A
  • Vertical Privity
  • Intent
  • Touch and concern
40
Q

NIT (Real Property)

Requirements to enforce burden of equitable servitude

A
  • Notice
  • Intent
  • Touch and concern
41
Q

NIT+HV (Real Property)

Requirements to enforce burden of covenant

A
  • Notice
  • Intent
  • Touch and concern
  • Horizontal privity (relationship between original parties apart from covenant)
  • Vertical privity (successor in interest takes entire interest)**
42
Q

DERP (CrimPro)

Two-prong Strickland test for ineffective assistance of counsel

A

Deficient beyond (reasonable) Expectations, and
Reasonable Probability of a different outcome if counsel were not deficient

43
Q

SWAP (Contracts)

UCC exceptions to the SOF

A
  • Specially manufactured goods
  • Written merchant’s confirmation (when signed, will bind recipient if sent w/in reasonable time + receipient receives but fails to object w/in 10 days)
  • Admission in court (up to quantity admitted)
  • Partial performance (ex. payment made + accepted, goods received + accepted)
44
Q

DINED (Crim/Pro)

Affirmative defenses (proved by D by preponderance of evidence)

A
  • Duress
  • Incapacity
  • Necessity
  • Entrapment
  • Defense of person/property

The availability of these defenses can be modified by statute

DP does NOT apply to these defenses

45
Q

WIPE (Real Prop)

Ways of creating easements

A
  • Writing (express easement)
  • Implication by necessity
  • Prescription
  • Estoppel
46
Q

DAMPER (Real Prop)

Ways of terminating easements

A
  • Destruction of servient estate
  • Abandonment
  • Merger
  • Prescription
  • Estoppel
  • Release in writing
47
Q

SIR (Real Prop)

LL’s options when T wrongfully abandons lease

A
  • Surrender: LL treats T’s abandonment as an offer of surrender and accepts, thereby ending the lease
  • Ignore the abandonment and hold T responsible for unpaid rent until the natural end of the lease. Generally, LL can only do this if they
  • Re-let the premises and hold T liable for any deficiency
48
Q

SING (Real Prop)

Elements of constructive eviction

A
  • Substantial Interference: Chronic/permanent problem
  • Notice: T must notify L
  • Goodbye: If LL fails to remediate, T must vacate w/in reasonable time
49
Q

MR(3) (Real Prop)

T’s remedies when LL breaches the implied warranty of habitability

A
  • Move out and terminate lease, or
  • Repair and deduct cost from rent
  • Reduce/withhold rent until court determines fair rental value
  • Remain in possession, pay full rent, and seek money damages
50
Q

“In Certain Circumstances, An Appeal Can Be Made Prematurely” (CivPro)

Grounds for interlocutory appeals

A
  • Injunction grant/denial
  • Certification by d. ct. (statutory appeal)
  • Class action certification/denial (must appeal w/in 14 days granting)
  • Appointment of receiver
  • Admiralty case
  • Collateral order doctrine
  • Bankruptcy cases (certain orders)
  • Mandamus
  • Patent infringement order
51
Q

PIIG (CrimPro)

Exceptions to the exclusionary rule

A
  • Passage of time
  • Inevitable discovery
  • Independent source rule
  • Good faith reliance on warrant
52
Q

UFC (Crim)

Nature of a killing qualifying under felony murder

A
  • Unintended
  • Foreseeable
  • (proximately) Caused by or during commission of an inherently dangerous felony

CA Bar Acronyms (1 decks)

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