mnemonic

Question 1

Covenant Burden to Run?

Answer 1

WITH VN

1. Writing
2. Intent
3. **Touch and Concern **(covenant related to land)
4. Vertical (transfer ENTIRE parcel not LE, lease, AP)
5. Horizontal Privity (1. instant: covenant in deed during sale of plot 2 2. simultanous interest + promise about land)
6. Notice AIR

Question 2

Vertical Privity….

Answer 2

Costco Wholesale

Question 3

Horizontal Privity….

Answer 3

IS

Instant = covenant in deed during sale of plot 2
Simultaneous= interest in land + related promise (ex: easement + promise to maintain)

Question 4

Types of Notice?

Answer 4

AIR

Actual, Inquiry, Record
Note BFP takes if NO AIR + value

Question 5

Benefit to run w/ Covenant

Answer 5

WIT V

Question 6

Terminate Covenant?

Answer 6

Covenant MAE be terminated

Merger
Abandon or estoppel
Eminent Domain (uncle sam swipes)

Question 7

Equitable Servitude Creation?

Answer 7

TWINN

Touch and concern, writing, intent, notice, no privity

Question 8

Terminate Equitable Servitude?

Answer 8

CRAMP

Release, Abandon/Estoppel, Merger, Purpose (none), Condemnation

Question 9

How to create easement?

Answer 9

PING

prescription
implication
necessity
grant

Question 10

Exceptions to warrant requirement?

Crim Pro

Answer 10

HE ESCAPES

Hot pursuit
Extingent circumstances

Evanscent evidence (could be destroyed)
Search incident to lawful arrest
Consent
Automobile
Plain view
Evidence from admin search
Stop and frisk

Question 11

Relevance Evidence policy exclusions

Answer 11

RIBS

Remedial repair
Insurance
Bills
Settle/plea
[not to prove fault]

Question 12

common non-character uses of prior bad acts evidence

Answer 12

MIAMI KOP

motive
intent
absense of mistake
mistake
ID

Knowledge
O
Plan/scheme

Question 13

Similar occurances NEVER allowed to prove conformity. ADMISSABLE TO….

Answer 13

CIPI

prove: causation, intent, prior accident & pattern of fraud, industry custom

Question 14

Methods of Impeachment

Answer 14

P-BAT

prior inconsistent statements
Bias
Accuracy (what wit perceived)
Truthfulness (after character attacked, RO)

Question 15

Hearsay Exceptions
[unavailability irrelevant]

Answer 15

TCUPP
ROB

Treatment (medical diagnosis)
Condition (then existing mental/physical)
Utterance
Present sense impression
Public records
Recorded recollection (past)
Other Records (ancient, learned treaties, fam)
Business records

Catch all exception = trustworthy, serves justice, notice to adverse

Question 16

Hearsay Exceptions
[unavailable]

Answer 16

DI HAF

Dying Declaration
Interest
History
Against wrongdoer
Former testimony

Question 17

Non-Hearsay

Answer 17

Non LIES

Notice or knowledge
Listener
Impeachment
Emotional reaction
State of mind

Question 18

Hearsay Exemptions

Answer 18

II C u P

Inconsistent statements
ID
Consistent statements
Party Admission

Question 19

Terminating K

Answer 19

R2D2=R2DTC)

Question 20

Defense to K formation

Answer 20

M2I2FUDS

Question 21

3P ASSIGMENT INVALID when

Answer 21

I SUB

illegal, says no, unique skill, ben of bargain at risk

Question 22

Valid Deed Conveyance

Answer 22

Well SAID

Writing, Signed by grantor, Acceptance, ID, Delivery

Question 23

Felony murder crimes

Answer 23

BARRK

burglarly, arson, robbery, rape, kidnapping

Question 24

Insanity Tests

Answer 24

• M’Naughten - IDK
• Irresistable Impulse - can’t resist/control
• Durham - BUT FOR ham
• MPC - idk or can’t control

Question 25

# 4th amendment, search and seizure Exceptions to warrant requirement

Answer 25

IF Tj ESCAPES warrant ## Footnote Inventory Search, Extingent Circumstances, Search incident to lawful arrest, Consent, Auto stop and search, Plain view, Protective sweep, Stop and frisk

Question 26

Fundamental rights

Answer 26

CAMPERS VOT 1st ## Footnote Contraception Abortion Marriage Procreation Educate (privately) kids Residing together Refuse med treatment Sexual intimacy Voting and ballot access Obscene material Travel 1st: speech, religion, press

Question 27

Unprotected Speech

Answer 27

FIDOC ## Footnote Fighting words, imminent lawless action, defamatory speech, obsenity, commercial speech

Question 28

Strict product liability

Answer 28

Merchants are DAMned ## Footnote (1) D is **merchant** (2) manufactured/sold **defective** product (3) product not **Altered** leaving D control (4) **Manner** forseeable (5) P damages

Question 29

POTUS POWERS ## Footnote Trump held Nancy ___

Answer 29

CAPTV ## Footnote C: Commander-in-Chief (military) A: Appointments (nominates officials and judges) P: Pardons (grants federal clemency) T: Treaties (negotiates with Senate approval) V: Veto (disapproves bills from Congress)

Question 30

Congress POWERS

Answer 30

FACT$ ## Footnote Foreign (affair alien declare war) Appoint CC Territory (federal) $ (tax, spent, coin)

Question 31

TYPES OF CONSUMER GOODS

Answer 31

FICE ## Footnote farm products, inventory, consumer goods, equipment

Question 32

To perfect interest?

Answer 32

FAT ## Footnote **File financing statement** - describes debt, collateral, sig and address of debtor, name address creditor - Must be done for accounts - Last for 5 years, can go forever if you file at 4.5 years **Automatic** - PMSI in consumer goods - Loophole if sell my collateral to another consumer, PMSI must file before 2nd consumer gets or within 20 days of attachment OR 2nd gets free of auto perfection. **Take possession** (creditor takes car, pawnshop broker lending money)

Question 33

To attach? Sec transaction

Answer 33

PIG ## Footnote **prop owned by debtor **(rights) **Interest created:** creditor take possession of goods (layaway) *OR* signed sec agreement (description of collateral, signed by debtor) (file with UCC county clerk) **Give value to debtor **($ goods service line of credit)

Question 34

Present Covenants

Answer 34

SEC ## Footnote Seisin - I own it Conveyance - I can sell it Encumberance - I can sell with no strings attached

Question 35

Future covenants

Answer 35

FEWture ## Footnote Enjoyment - once I convey, u won't be disturbed Warranty - If u are disturbed, I will defend u Further assurance - after I defend u, I will make it right

Question 36

Sale of Goods (SOF) Exception

Answer 36

SWAP ## Footnote **Special made goods** not suitable for resale, sub beginning or commitment before repud **Written merchant confirmatory memo** binds: other pty reason to know + no objection w/ in 10 days **admission in ct** **paid or accepted goods**

Question 37

PAROLE EVIDENCE EXCEPTION

Answer 37

D ACTS Defenses Ambiguity Condition precedent Trade Use Separate deal