MEE

Question 1

Actual authority:

Answer 1

Be able to say, “Actual authority can be express, where the
agent is expressly given authority to act for the principal. It can also be implied. Implied authority is present when the principal’s conduct leads the agent to believe it has authority.”

Question 2

Apparent authority: State:

Answer 2

“the elements of apparent authority are: (a) the person dealing with the agent must do so with a reasonable belief in the agent’s authority, and (b) the belief must be generated by some act or neglect on the part of the principal.”

Question 3

Principles of vicarious and direct liability

Answer 3

Remember that an agent is always liable for her own torts. A principal can be vicariously liable if the agent or employee was acting in the scope of employment, made a minor deviation from employment, or committed an intentional tort (a) for the principal’s benefit, or (b) because the principal authorized it, or (c) the intentional tort arose naturally due to the nature of
employment.

Question 4

The duty of care. Remember the business judgment rule! (for both LLC and Corporations)

Answer 4

There is a presumption that “in making a business decision, the directors acted on an informed basis, in good faith, and in the honest belief that the action taken was in the best interest of the company.”

Question 5

To successfully assert collateral estoppel use ___

Answer 5

IF
I- Identical issue was previously decided in an earlier action.
F- The party against whom collateral estoppel is being asserted had a full and fair opportunity to previously litigate that issue.

Question 6

RAABI:

Answer 6

R- the party’s Resources.
A- the amount in controversy.
A- the relative access to the requested information.
B- the burden (expense) on the producing party
B- the benefit to be derived from the discovery.
I- Its importance in resolving the issues of the case.

Question 7

In a motion seeking initial child custody or a motion seeking a change in custody based on a SUBSTANTIAL CHANGE IN CIRCUMSTANCES the court considers the following factors: (but there is no single controlling factor)

Answer 7

DAD FLIPS
D- Desires of the children
A- The parent’s Availability and Ability to raise the children
D- Prior incidents of Domestic violence, which must be established by a preponderance of the evidence.
F- Financial ability of each parent
L- Lifestyle of each parent and its possible adverse effect on the child.
I- How the Initial custody arrangement was made. Was there a full hearing on the big issue or was it on the consent of the non-custodial parent? The Uniform Marriage and Divorce Act provides a two year waiting period before the non-custodial parent can petition for a change in custody unless there is evidence of a clear and present danger to the child.
P- Who has served as the child’s prior parental caretaker? That is the length in time the current custody arrangement has been in effect.
S- Siblings should not be separated.

Question 8

Equitable distribution does not apply to _____. Separate property owned by one spouse including:

Answer 8

PIGS
P- Assets acquired prior to the marriage.
I- Property inherited during the marriage.
G- Gifts during the marriage from someone other than the spouse.
S- Property purchased during the marriage but paid for with a spouse’s separate property

Question 9

In equitably distributing marital property the court considers

Answer 9

HIP PAID SEAT
H- Health insurance loss
I- Loss of Inheritance
P- Loss of Pension Benefits
P- Separate Property holdings of each spouse
A- Age and health of each spouse
I- Incomes of each spouse at the beginning and end of the marriage
D- Duration of the parties’ marriage.
• The longer the marriage the more likely the court is to equitably divide property, whereas in short marriages, the court usually divides in accordance with each spouse’s economic contribution to the property holdings. The court’s goal in a short-term marriage is to rescind the marital contract and to restore each spouse to their pre marriage position.
S- Marital Standard of living
E- Earning capacity of each spouse
A- Any other relevant factor, including either spouse’s egregious domestic violence
• Marital fault in about ½ of the states is a factor in awarding ALIMONY in a majority of states fault is not a factor in awarding ED (UBE FEB 2018)
• Marital debts are usually allocated in the same % as marital property is allocated.
• In majority of states a spouse’s wasteful spending or excessive dissipation of marital property for purposes unrelated to the marriage (gambling or spending on a girlfriend) where the marriage had irreconcilably broken down is brought back into the pot for ED purposes
T- Tax consequences of the property distribution to each spouse.

Question 10

• The judgment treats the former spouse as immediately predeceasing the testator for the following ______ document

Answer 10

TRIP JAW
T- Totten trust
R- Revocable lifetime trust (Lecture 10 future interests)
I- A life insurance policy
P- A pension plan if permitted by federal pension laws.
J- jointly held realty, joint bank accounts, or joint stock brokerage accounts. It defeats the survivorship interest and each spouse shares the asset 50/50.
A- A power of attorney naming the former spouse to act as an agent. AND
W- A spouse’s will

Question 11

A valid will must be

Answer 11

SWEPT:
S – SIGNED by an adult testator
W – In WRITING
E – Signed at the END by the testator P – PUBLISHED
T – TWO witnesses (who don’t have to be adults)

Question 12

_______ sidesteps an in terrorem (“no contest”) clause:

Answer 12

I FACE SIR
I – An INFANT can always object to a will without violating a no contest clause
F – Litigating to establish the will as a FORGERY, but only if based on probable cause
A – Demanding an ACCOUNTING or questioning the conduct of the fiduciary
C – Petitioning for a CONSTRUCTION of a will provision to determine the testator’s intent E – Surviving spouse exercising the right of ELECTION
S – Objecting to SUBJECT matter jurisdiction or the court’s jurisdiction over the will
I – A person judicially declared INCOMPETENT can object to the will without violating
the no contest clause
R – Where the will offered for probate was REVOKED by a later will, based on probable
cause

Question 13

______ can alter an existing will:

Answer 13

DAMN CAR LAW
D – DIVORCE
A – AFTER-BORN children
M – MARRIAGE of the testator
N – NO CONTEST CLAUSE breach
C – CY PRES of charitable bequests
A – ADVANCEMENT of a bequest aka a satisfaction
R – RENUNCIATION by a beneficiary
L – LAPSED legacies (but always consider the Anti-Lapse Statute) 
A – ADEMPTION or abatement
W – WRONGFULLY killing the testator

Question 14

A surviving spouse can increase the right of election with

Answer 14

JAG TIP:
J – Post-marriage JOINTLY-HELD bank accounts, stock brokerage accounts, U.S. savings
bonds, or jointly-held personal property, but only to the extent that consideration was
furnished by the decedent
A – Stock ACCOUNTS or DEEDS payable on death.
G – GIFTS causa mortis
T – Revocable lifetime TRUSTS or Totten Trusts
I – INTER VIVOS gifts, even to charity, exceeding $15,000 if made within the one year prior
to the testator’s death (absent written waiver by other spouse) UPC § 2-202
P – General POWER of Appointment

Question 15

A valid will must be SWEPT:

Answer 15

S – SIGNED by an adult testator
W – In WRITING
E – Signed at the END by the testator P – PUBLISHED
T – TWO witnesses (who don’t have to be adults)

Question 16

A beneficiary who uses ______ is deemed to predecease the testator:

Answer 16

I-DROPS
 I – INTERROREM clause breach
D – DIVORCE or Annulment decrees
R – RENUNCIATION
O – Death within ONE hundred and 20 hours from testator’s death P – PREDECEASES testator
S – SLAYS the testator

Question 17

The pre-trial discovery devices in federal practice are ___

Answer 17

MR AID

M- Mental and physical exam.
R- Requests for Production
A- Admissions demand
I- Written Interrogatories
D- Depositions (a.k.a. EBTs – “examinations before trial”)

A demand for MR AID discovery of a party or non-party must allow at least 30 days notice for compliance.

Question 18

PINTS for real covenants, but TINS for equitable servitudes:

Answer 18

P – PRIVITY of estate
I – INTENT by original contracting parties that covenant attach to land & run to future
assignees (Horizontal Privity)
N – CIA NOTICE of Restrictive Covenant T – Must TOUCH & concern the land
S – Must satisfy the SOF

Question 19

PINTS can come in ____:

Answer 19

C – Imposed by COMMON owner to protect lands retained
A – Covenants agreed to by ADJOINING landowners/neighbors N – Imposed for the benefit of NEIGHBORING lands
S – To carry out common plan or SCHEME

Question 20

The collateral order doctrine, this immediate rule seeks to prevent harm from a judge’s order that does not end the litigation, but is considered a final order on that issue and is immediately appealable because of ____

Answer 20

LLM
L- the court’s order is the Last word on that issue
L- the final appeal will be too late for the final review of that issue.
M- The order is unrelated to the merits of the claim. That is it is a collateral issue of the case.
2 Examples:
1. A court’s denial of an attorney’s motion to withdraw because her client was not paying the agreed fee.
2. An order denying a party the right to proceed anonymously.

Question 21

A EUNUCH establishes adverse possession:

Answer 21

E – EXCLUSIVE possession (not shared w/ owner)
U – Owner was UNDER no disability (infancy or mental incompetency) when AP began!
N – NOTORIOUS & open possession, which would put the true owner on notice that a
trespasser was possessing his land & he should bring an ejectment action
U –UNDER actual or constructive occupancy
C – CONTINUOUS/uninterrupted actual possession
H – HOSTILE possession

Question 22

The 4 “PRIORS” aren’t hearsay provided the declarant testifies:

Answer 22

1 – PRIOR recorded recollection
2 – PRIOR out-of-court identification
3 – PRIOR consistent statement
4 – PRIOR inconsistent statement that was given under oath, subject to penalty of perjury, at a prior trial, hearing, or EBT

Question 23

Use a CRIB PIC to impeach a witness:

Answer 23

C – Impeachment by CONTRADICTION
R – W’s bad REPUTATION in the community for truthfulness I – W’s prior VIC acts (vicious, IMMORAL, or criminal)
B – W’s BIAS
P – W’s PRIOR inconsistent statement
I – INFLUENCE of drugs or alcohol on W C – Prior criminal CONVICTIONS of W

Question 24

Hearsay is admissible for ARIES’ DWARFS:

Answer 24

A – ADMISSIONS of an opposing party
R – Business or public RECORDS
I – Present sense IMPRESSION
E – EXCITED utterance
S – Declarant’s existing STATE of mind
D – DYING declaration
W – WITNESS tampering (Intimidated Witness Rule) A – Declaration AGAINST interest
R – RESIDUAL hearsay exception
F – FORMER testimony
S – Pedigree STATEMENTS of personal history

Question 25

The six DWARFS can only be let into court by an unavailable

Answer 25

MR. POD:
M – A party who lacks MEMORY of the incident in question
R – A party who REFUSES to testify, even when ordered to do so by the court
P – A party who invokes a PRIVILEGE
O – A party OUTSIDE the court’s subpoena power
D – A party who is DEAD or too sick to come to court

Question 26

, to admit the listener’s state of mind:

Answer 26

BRIBE K
B – BELIEF
R – REASON
I – INTENT
B – BIAS
E – EMOTION
K – KNOWLEDGE

Question 27

Offer the Business Records of Mr.

Answer 27

TRUMP:
T – Record must have been TIMELY made “at or near” the time of the matter recorded R – It must have been the habitual, ROUTINE, regular practice of that business to
systematically make and keep such a record
U – Out-of-court declarant must have been UNDER a duty to supply information for the record, unless
the statement falls into another hearsay exception, in which case the statement would be admitted,
provided the other 4 TRUMP elements are satisfied (“hearsay w/in hearsay”)
M – The record was MADE and the info was kept as part of the regular practice of that
business; AND
P – Business records must identify the source of the info, and the person supplying info
for the record must have had PERSONAL knowledge of the matter recorded

Question 28

A witness can be impeached with prior convictions, as well as prior VIC acts for which she was not convicted:

Answer 28

V – VICIOUS acts
I – IMMORAL acts
C – CRIMINAL acts

Question 29

a violation of the Establishment Clause:

Answer 29

PEG
P – The state statute or activity must have a primarily secular PURPOSE as opposed to
the purpose of advancing or inhibiting religion
E – The law’s primary or inevitable EFFECT must neither disapprove of nor endorse
religion AND
G – The law or conduct can’t foster excessive GOVERNMENTAL religious entanglement

Question 30

A content-neutral regulation must be a reasonable ___ of the First Amendment:

Answer 30

SON
S – The restriction must be justified by a SIGNIFICANT governmental interest
O – The regulation must leave OPEN ample alternative channels of communication
AND
N – The regulation must be NARROWLY tailored to further the government’s goal, but
doesn’t have to be least restrictive means of doing so

Question 31

All commercial speech restrictions with ____ are valid:

Answer 31

STAN
S – Government must have a SUBSTANTIAL INTEREST to restrict the speech
T – Advertisements must be TRUTHFUL and concern lawful products and services A – Governmental restrictions must directly and materially ADVANCE the
government’s “substantial interest” in enacting the law (and there must be
“reasonable fit” between the state’s goal and means used to achieve that goal)
N – The regulation must be NARROWLY-DRAWN and must not be more extensive than necessary to
achieve the government’s substantial interest

Question 32

For an intermediate level of judicial scrutiny, use “IS” four times…

Answer 32

IS – INTERMEDIATE level of judicial SCRUTINY
IS – There must be an IMPORTANT governmental interest, and the method chosen must
SUBSTANTIALLY relate to achieving that interest
IS – ILLEGITIMACY and SEXES (genders)
IS – ILLEGAL SCHOOL-AGE children

Question 33

Longarm jurisdiction, a/k/a “specific jurisdiction,” arises from a ____ in that state:

Answer 33

RIOT
R – The defendant owns, uses, or possesses REALTY in the state
I – The defendant’s tortious conduct occurred IN THAT STATE causing the plaintiff’s
personal injury, property damage, or economic injury
O – The defendant’s tortious conduct occurred OUTSIDE the state, causing injury in the
state where the plaintiff’s claim was commenced, but the defendant must have
“targeted” that state
T – The defendant TRANSACTED BUSINESS in that state

Question 34

There must also exist some other 3____ conduct involving an interstate or international defective product causing injury within a state:

Answer 34

3-S
S – SOLICIATION of business in the state
S – SERVICES performed in the state
S – SALES consummated in the state, i.e., did the defendant “target” the state

Question 35

To obtain valid procedural jurisdiction, the 14th Amendment Due Process Clause
requires that the defendant must have ___:

Answer 35

MOP
M – Some MINIMUM contact with the forum state
O – An OPPORTUNITY to be heard in the suit
P – Been PROPERLY served with process

Question 36

For the court to find sufficient minimum contacts over a defendant, the defendant must

Answer 36

CHILI:
C – D CONSENTS to jurisdiction in the forum state;
H – The state where a corporation or individual is at HOME, e.g. its corporate
headquarters is in that state or where an individual is domiciled;
I – The state where a corporate defendant was INCORPORATED;
L – D is a non-domiciliary but the court has LONG-ARM jurisdiction; or
I – D is a non-domiciliary served IN-STATE

Question 37

When thinking of summary judgment in a federal court, think of

Answer 37

LIPS:
L – The motion can be decided as a matter of LAW
I – There are no material ISSUES of fact to be litigated
P – The court can grant PARTIAL summary judgment
S – The court can SEARCH the record