Memorization Drills Flashcards
Exceptions to Parol Evidence
Fraud
Mistake
Illegality
Duress
Partial Integration
Conditions Precedent
Substantive Due Process
S.S. for fundamental rights
- NECESSARY for COMPELLING interest
R.B. for everything else
When to pierce the Corporate Veil?
FUCK an EGO
F- Fraud
U- Under
C- Capitalization
Alter-Ego
Warrantless Search Exceptions
ESCAPES
E- Exignet Circumstances
S- SILA
C- Consent
A- Automobile
P- Plain View
E- Evidence from Admin Searches
S- Stop and Frisk
Daubert Standard
TRAP
T- Testing of principal and method
R- Reliability/ Rate of Error
A- Acceptance of method in field
P- Peer reviewed/Publication
How can a covenant be terminated?
CREAM
C- Changed Circumstances
R- Release
E- Estoppel
A- Abandonment
M- Merger
Test for constitutionality of commercial speech regulation
1) Serve a substantial Gov’t Interest
2) Directly Advance such interest
3) NOT be more extensive than necessary
Easement by Prescription
Use of property is:
Open and notorious
Actual
Continuous
Hostile
Exclusive
Equal Protection
SS- FAR (Fun. Rights, Alienage, Race)
IS- GI (Gender and illegitimate kids)
RB- Everything else
In order for Congress to regulate intrastate activity under C.C….
1) activity is economic in nature AND
2) activity, in the aggregate, has a substantial effect on interstate commerce
Specific Intent Crimes
MAT BASIC-
M- Murder
A- Attempt
T- Theft
B- Burglary/Robbery
A- Assault
S- Solicitation
I- Intent to Kill murder
C- Conspiracy
Defenses to Intentional Torts
POPCANS
P- Privilege
O-Others
P- Property
C-Consent
A- Authority
N- Necessity
S- Self-Defense
Defenses to Contract Enforcement
DAMN MUSIC CUP
D- Duress
A- Ambiguity
M- Mistake of Fact
N- Nondisclosure
M- Misrepresentation
U- Undue Influence
S- SOF
I- Illegality
C- Capacity
C- Consideration
U- Unconscionability
P- Public Policy
Covenant
vs
Easement
Covenant- promise that attaches TO land
Easement- interest in land of another
Defamation
1) Defamatory Statement
2) unprivileged publication of statement
3) Fault (@ least negligence)
4) damages
Public Figures- ALSO malice
Time, Place, Manner Private Forum
1) Viewpoint neutral
2) Reasonable relation to legitimate gov’t interest
Time, Place, Manner Public Forum
1) Content neutral
2) Narrowly tailored
3) Leave open alternative channels
Spousal Immunity v. Confidential Communications
SI- Criminal trial, HELD by Witness Spouse, Married DURING trial
CC- Civil or Criminal, HELD by BOTH, Comm. was confidential, made DURING marriage
Ways to Invalidate a Warrant
1) Warrant was NOT based on valid PC
2) Magistrate was NOT neutral and detached
3) Warrant failed to describe with particularity the thing to be seized/place to be searched
4) Affidavit supporting warrant was SO lacking in PC that NO ROOKIE officer would have trusted it
What will Courts look at if Congress intended to occupy the field?
1) Whether Fed. Scheme is so comprehensive that Congress left no room for states to enact supplemental laws
2) Whether there is a need for a uniform regulatory scheme to avoid confusion and difficulty in administration
Obscenity Test
1) Material, as a whole, must appeal to prudent interest (contemporary community standard)
2) Material must depict in a patently offensive way the sexual conduct specifically defined by state statute AND
3) Material lacks serious literary, artistic, political or scientific value (NATIONAL Reasonable Person Standard)
