MEE essay checkpoints Flashcards
Kap method
- Read (interrogatory, facts, interogatory)
- Organize and Analyze (parties, transactions, theories of law; more precise analysis)
- Write and Weave in facts (IRAC, “The issue is… Here, … Therefore…,” answer the Q)
Broad topics for Real Property (5)
1) Ownership (estates, cotenancy, LL/T)
2) Property Rights (covenants, easements, profits, license, fixtures, zoning/variance)
3) Real Estate Contracts (K law, marketability, equitable conversion, implied warranties, merger)
4) Mortgages/Security devices (type/deed/note/installment/PMM, title/lien theory, transfers, foreclosure)
5) Titles (AP, deeds, recording acts, etc)
checkpoints for estates (3)
1) Does the deed language create a fee simple, defeasible fee, or life estate?
2) Is a future interest retained or created? (reversion, remainders, executory interests, or reverter)
3) Are there any rules or conduct that affect the estate or future interest? (class gifts, survivorship, waste, or cy pres, RAP, alienability, descendibility, or devisability)
checkpoints for cotenancy (2)
1) Was a tenancy in common or joint tenancy created? (time, title, interest, possession with express right of survivorship?)
2) Was the joint tenancy severed (sale, partition, or mortgage)? If yes, what resulting rights?
checkpoints for Landlord-tenant (5)
- What type of lease do LL and T have? What is the required notice?
- Any express agreements creating additional rights/duties?
- assignment or sublease? Who is liable for rent?
- Was a duty breached (express, implied, CL)?
- What remedies? (eviction, reduce rent, surrender, relet, sue)
checkpoints for Restrictive covenant (3)
- Does the burden and/or benefit run with the land?
- damages or injunction being sought?
- Can the covenant be enforced as an equitable servitude or implied reciprocal
servitude?
checkpoints for Easements
- Is the non-possessory property interest an easement in gross or appurtenant?
- created by writing, implication, prescription, or estoppel?
- Was the scope exceeded? (surcharged)
- Was there a transfer or termination?
Broad topics for civ pro (7)
1) Jurisdiction and Venue
2) Law applied by fed courts
3) Pretrial Procedures
4) Jury Trials
5) Motions
6) Verdicts and Judgments
7) Appealability and Review
*think in terms of a timeline
Jurisidiction and Venue issues (4)
1) Federal SMJ: diversity or FQ
2) Personal Jurisdiction: presence, waiver, contacts/fairness
3) Service and notice: proper, waiver
4) Venue, Forum nc, transfer
Law applied by fed courts issues
1) State law: Erie
2) Fed CL: maritime, foreign relations, commercial/property rights/liabilities of fed govt
Pretrial Procedures issues (7)
1) PI/TRO: status quo, irreparable harm, notice
2) Pleadings, amended, supplemental: Twiqbal, right/permission
3) Rule 11: signed, sanctions, safe harbor
4) Joinder of parties/claims: compulsary, permissuve, crossclaim, impleader, class actions (CANT)
5) Discovery: disclosure, sanctions, timing, privilege
6) Adjudication w/o trial: dismissal, default
7) Pretrial conference, scheduling
Jury Trials issues (3)
1) Right: legal remedy, damages
2) Selection: voir dire, strikes
3) Jury instructions, objections
Motions issues (3)
1) Pretrial: motion to dismiss, Summary Judgment, etc
2) JMOL, renewed JMOL
3) Post trial motions: relief from judgment, new trial, timing
Verdicts and Judgments (4)
1) Defaults, dismissals
2) Jury verdicts: unanimous, general/special
3) Judicial findings
4) Claim/Issue preclusion
Appealability and Review
1) Interlocutory review
2) Final judgment rule: on the merits
3) Scope of review: objections, standard
Crim law checklist (vi)
i) Crimes against the person
ii) Crimes against property
iii) Crimes against habitation
iv) Accomplice liablity
v) Inchoate offenses
vi) Defenses
Crimes against the person (vi)
i) Murder: unlawful killing, malice aforethought (intent, injury, reckless, felony)
ii) Voluntary manslaughter: adequate provocation, no time to cool off.
iii) Involuntary manslaughter: criminal negligence
OR during misdemeanor/non BARRK felony
iv) Battery: bodily injury or offensive touching, gen intent
v) Assault: attempted battery (spec intent) or threat (gen intent); merger if battery occurs.
vi) Other Common law Crimes Against the Person: False Imprisonment, Kidnapping, Rape
Crimes against property (viii)
i) Larceny: a wrongful taking and carrying away of the personal property of another by trespass (without consent), with intent (at time of taking) to deprive permanently.
ii) Embezzlement: Requires fraudulent conversion (i.e. inconsistent w/arrangement by which D has possession) of personal property of another; (5) by a person in lawful
possession of that property; (6) with intent to defraud.
iii) Robbery (larceny + assault) requires: wrongful taking of personal property of another, from the other’s person or presence, by force or threat of immediate physical harm, w/intent to permanently deprive him of it.
iv) False Pretenses: Obtaining title by intentional false statement of fact, w/intent to defraud.
v) Larceny by trick: Obtaining possession (not title) through fraud, with intent to steal.
vi) Extortion: (blackmail) Obtaining property of another by threat of future harm to the victim or property.
vii) Receiving Stolen Property: known to be stolen, with intent to permanently deprive owner.
viii) Forgery: Fraudulently making a false writing, with apparent legal significance, with intent to make wrongful use of doc.
Crimes against habitation
1) Burglary: a breaking an entry of the dwelling of another at night with the intent to commit a felony inside.
2) Arson: malicious burning of the dwelling of another
Accomplice liability
with intent, aids, counsels, or encourages
Inchoate offenses (3)
1) Solicitation: Enticing, advising, inciting, inducing, urging or otherwise encouraging commit a target offense.
2) Conspiracy: Two or more persons, intent to enter agreement, for unlawful purpose, act in furtherance
3) Attempt: Specific intent to commit the crime, an overt act in furtherance.
Defenses (7)
A) Insanity – 4 tests for Acquittal: M’Naghten Rule; Irresistible Impulse Test; Durham Test; MPC
B. Intoxication (voluntary or involuntary)
C. Infancy (under 7= no liability; under 14 = rebuttable presumption against liability)
D. Duress (not a defense for homicide)
E. Self-Defense (non-deadly v. deadly, retreat req)
F. Defense of a Dwelling (only non-deadly force)
G. Necessity: justifies commission
Crim law essay tips/approaches
- Be overinclusive in identifying crimes; classify as crimes against persons, property, or dwellings checklist
2) Note language suggesting intent/mental state like: unknowingly, without knowledge, and unbeknownst.
3) Remember to consider defenses, more than one.
4) Multiple bad actors: think conspiracy, solicitation,
accomplice liability.
v) transferred intent will likely result in the ability to charge D with multiple crimes (ex: battery and attempted battery (assault)).
Contacts essay checkpoints (6)
- Formation
- Defenses to enforceability (reasons not to enforce)
- Contract content/meaning (dispute, writing, terms, default rules)
- Performance/Breach/Discharge (substantial/part performance, unforeseen events, anticipatory repudiation, warranties)
- Remedies (foreseeability, avoidability, detrimental reliance, law/equity, unjust enrichment)
- Third Party Rights (intended, incidental)
Formation of contracts issues (6)
Mutual assent
- Offer inviting acceptance?
- issues w/offer? (lapse, revocation, option contract, Firm Offer, rejection/counteroffer, preexisting duty)
- Acceptance? (communication, performance, correspondence)
- Acceptance issues? (mailbox rule, silence, battle of the forms)
- Consideration, or some substitute?
- Was promise terminated in some way?
Defenses to enforceability: reasons not to enforce (7)
A. Statute of Frauds (MYLEGS) B. Mistake (unilateral? knowledge? C. Illegality D. Incapacity (mental, physical, substance) E. Infancy F. Unconscionability (subst/proc) G. Duress/Fraud
Contacts essay tips/approach (4)
1) CL or UCC 2 sales: predominant purpose
2) Writings vs spoken words, see both (note: SoF = defense, not formation issue!)
3) Numbers: dates, money, ages
4) Remedies: think broadly!
three criteria that should be considered/discussed in evaluating whether a regulation is a taking:
(1) economic impact of the regulation on the claimant;
(2) extent to which the regulation has interfered with investment-backed expectations; and
(3) character of the governmental action.
Private use is fine, as long as for public purpose
Approach for exclusionary rule
A. Is Someone trying to exclude a particular piece of evidence?
B. Was the evidence illegally obtained?
C. Was there an independent source or was it inevitably going to be discovered?
Approach for 4th Amd Search and Seizure
Step by step approach: start w/explanation of what the 4th Amend prohibits, then explain when it applies, and then move to the spec exception/requirement at issue.
Issues:
A. Does D have a 4th Amendment right?
B. Did D have a reasonable expectation of privacy?
C. Was there government action?
D. If yes, did the government agent have a warrant?
E. Was the warrant valid and properly executed?
F. If the police did not have a warrant, did they make a valid warrantless search?
Considerations/possibilities for a valid warrantless search? (five steps)
- search incident to a lawful arrest (SITLA)?
- Was the search of an automobile? if yes, need probable cause?
- Was the search of a plain view area?
- Was consent given voluntarily and intelligently by someone with authority?
- Did a stop and frisk occur? If so, need either reasonable articulable suspicion, or done while in hot pursuit or related to evanescent evidence?
Fifth Amd rights (3)
1) Privilege against self-incrimination
2) Right to counsel: NOT offense specific, must STOP interrogation of ANY issue
3) Double Jeopardy