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BAR PREP > Mnemonic Devices > Flashcards

Mnemonic Devices Flashcards

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1
Q

SECURING COURTS LEGAL DOMAIN (SCLD)

personal jurisdiction - traditional bases

A

S - service of process
C - consent
L - long arm
D - domicile

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2
Q

MAYBE TIGERS FEAR SHARKS (MTFS)

personal jurisdiction - due process

A

M - minimum contacts
T -traditional notions of
F - fair play
S - substantial justice

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3
Q

CRISTIANO RONALDO SUCKS (CRS)

personal jurisdiction - fairness factors

A

C - convenience
R - relatedness of claims (specific + general jx)
S - state’s interest

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4
Q

CROSS THE AVENUE (CTA)

diversity jurisdiction

A

C - complete diversity
T - time case filed
A - amount in controversy > $75k

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5
Q

MUST ANALYZE COURT OPINIONS (MACO)

supplemental jurisdiction

A

M - multiple claims
A - additional claims no subject matter jx
C - common nucleus of operative fact
O - original jx

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6
Q

NINTENDO DS (NDS)

removal jurisdiction

A

N - never a plaintiff
D - defendants join
S - subject matter jurisdiction

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7
Q

RES

Venue (for proper venue)

A

R - residence of defendants
E - event occurred here
S - substantial part of claim arose

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8
Q

CLIPS

venue (for transfer of venue)

A

C - convenience of parties and witnesses
L - local interest in controversy
I - interests of justice
P - plaintiff choice of forum
S - sources of proof (access to evidence)

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9
Q

ABCD

venue + forum selection clause

A

A - apply venue statute (i.e. is current venue proper?)
B - binding clause? (i.e. is there a valid forum selection clause?)
C - consider transfer (i.e. should transfer be granted?)
D - destination of court check (transferee court valid?) (proper venue + PJ?)

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10
Q

SAID

Service

A

S - state law methods where federal courts located or service made
A - agent
I - individual (by someone who is not a party)
D - dwelling (usual place of abode with someone of suitable age and discretion who resides there)

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11
Q

JUST SUE DUDE (JSD)

complaint

A

J - jurisdiction
S - statement of cliam
D - demand for relief

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12
Q

SIMP

preliminary injunctions (until trial)

A

S - success
I - irreperable injury
M - money can’t compensate
P - post bond

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13
Q

BAN

ex-parte temporary restraining order

A

B - bond
A - affidavit
N - notice (attempt)

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14
Q

Soft Serve’s Fucking Outstanding (SSFO)

claim preclusion

A

S - same claim
S - same parties
F - final judgment
O - on the merits

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15
Q

Soft Asses Are Necessary (SAAN)

issue preclusion

A

S - same issue
A - actually litigated
A - actually decided
N - necessary to court’s judgment

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16
Q

CANT

class actions

A

C - commonality
A - adequacy
N - numerosity
T - typicality

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17
Q

Sunny Skies (SS)

RJMOL Question

A

S - substanial
or
S - scintilla

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18
Q

God Damn Mother Fucker (GDMF)

summary judgment standard

A

G - genuine
D - dispute of
M - material
F - fact

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19
Q

In Certain Circumstances An Appeal Can Be Made Prematurely (ICCAACBMP)

exception from final judgment order rule

A

I - injunctions
C - certification by district court
C - class certification
A - appointment by receiver
A - admiralty case
C - collateral order doctrine
B - bankruptcy
M - mandamus
P - patent infringement

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20
Q

offer expires when it gets TIRED

offer expires when _____

A

T - time after offer is made
I - incapacity
R - revocation of offer communicated to offeree before accepted
E - express or implied rejection communicated to offeror
D - death

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21
Q

FOUR exceptions to termination of an offer

exceptions to termination of an offer

A

F - firm offer by a merchant (max 3 months)
O - option contract
U - unilateral contract
R - reasonably foreseeable

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22
Q

fireworks explode above (FEA)

exception to pre-existing duty rule

A

F - fair
E - equitable
A - anticipated (NOT)

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23
Q

a spanish guy calling you a “sick fuck” SIC FACC

parol evidence

A

S - subsequent modification
I - incorrectly reflected in the writing
C - consideration problems

F - formation defects
A - ambiguous terms
C - collateral agreement
C - condition precedent

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24
Q

MEO like a cat

battle of the forms (merchants)

when both parties are merchants, additional terms proposed in the acceptance become part of the contract unless they…

A

meo like a cat

M - materially alter
E - expressly limits
O - objects within a reasonable time

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25
Q

you antiicpate repudiation when the other side just SITS

anticipatory repudiation
4 alternatives for non-repudiating party

A

S - sue immediately
I - ignore repudiation and urge performance
T - treat as discharged
S - suspend own performance and wait

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26
Q

WHALE

material breach analysis

A

W - whether breach was intentional
H - hardship
A - adequacy of compensation for loss to non-breaching party
L - likelihood of breach
E - extent of performance

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27
Q

I <3 dimsum

defenses to contract formation

A

I - incapacity
D - duress
I - illegality
M - misrepresentation
S - statute of frauds
U - undue influence
M - mistake / misunderstanding (unilateral / mutual)

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28
Q

MY LEGS

statute of frauds

A

M - marriage
Y - one year
L - land contracts
E - executor
G - goods sold for $500+
S - suretyship

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29
Q

SWAMP

exceptions to statute of frauds

A

S - specially manufactured
W - waiver
A - admission
M - merchant memorandum
P - part performance

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30
Q

when you make mistake by going to AMC instead of the nice movie theater

defense to formation - mistake by both parties

A

A - adversely affected party did not assume the risk
M - materially adverse effect
C - concerns a basic assumption

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31
Q

GILS

four main types of damages

A

G - general
I - incidental
L - liquidated
S - special

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32
Q

MR. PRUD

remedies (legal damages measurements)

A

M - market value
R - replacement cost

P - personal value
R - repair costs
U - utility value
D - dimunition in value

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33
Q

how much the contract HID the 3rd party

to determine if intended.. consider whether the beneficiary:

A

H - has a relationship with the promisee
I - idenitified in the contract
D - directly receives performance from the promisor

must vest in order to enforce

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34
Q

ALMs for the poor… 3rd party benef is like someone collecting an ALM

when have they vested?

A

A - assent manifested in manner requested by parties
L - lawsuit brought to enforce promise
M - materially changes positions in justifiable reliance on promise

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35
Q

SCRAM

requirements to get into federal court

A

S - standing
C - case or controversy
R - ripe
A - abstain
M - moot

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36
Q

Ninja Cats Growl Intensly (NCGI)

content based (strict scrutiny)

A

N - necessary for a
C - compelling
G - government
I - interest

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37
Q

squirrels nibble acorns (SNA)

content neutral (intermediate scrutiny)

age and legitimacy

A

S - substantial gov interest
N - narrowly tailored
A - alternate channels of communication

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38
Q

CAMPERS

fundamental right to privacy

A

C - contraception
A - abortion
M - marriage
P - procreate
E - education (right to decide for child)
R - relations (family)
S - sexual

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39
Q

Students Can Always Fake A Laugh Even For Ridiculous Bar Facts

specific intent crimes

SCAFALEFRBF

A

S - solicitation
C - conspiracy
A - attempt
F - forgery
A - assault
L - larceny
E - embezzlement
F - false pretenses
R - robbery
B - burglary
F - first degree murder

40
Q

bad results, intent known (BRFK)

general intent crimes

A

B - battery
R - rape
F - false imprisonment
K - kidnapping

41
Q
A
42
Q

BARRK

felony murders

A

B - burglary
A - arson
R - robbery
R - rape
K - kidnap

43
Q

ESCAPES

search warrant exceptions

A

E - exigent circumstances
S - search incident to arrest
C - consent
A - automobiles
P - plain view
E - evidence obtained from administrative searches
S - stop and frisk

44
Q

DA IS KING

exceptions to exclusionary rule

A

D - inevitable discovery
A - attention of causal chain

I - independent
S - source

K - knock and announce
I - isolated
N - negligence
G - good faith

45
Q

grow up (GRW PP) and stop committing crimes

search and seizure (questions to ask)

A

G - government agent?
R - reasonable expectation of privacy?
W- warrant?
P - proper (warrant)?
P - properly executed (warrant)?

46
Q

think of a drunk frat guy at RHO arguing with a cop about rep

reasonable expectation of privacy

A

R - right to possession of place searched
H - his / her home
O - overnight guest of owner

47
Q

exceptions permitting retrial even if DJ attaches:BHAM trial starts over

double jeopardy - exceptions permitting retrial even if jeopardy attaches

A

B - breach of please bargain by defendant
H - hung jury
A - appealed successfully (unless insufficiency of evidence)
M - manifest necessity to abort original trial

48
Q

i can’t believe this son (of a) bitch (ICBTS)

methods of impeachment

A

I - inconsistent statements
C - convictions of crimes
B - bias
T - truthfulness (reputation / opinion)
S - sensory deficiency

49
Q

a SOUR personality

when can you bring in character evidence?

A

S - specific acts
O - opinion testimony
U - ultimate issue in case
R - reputation (generally in community)

50
Q

Well, Fuck Ass Damn Hell (WFADH)

unavailable declarant hearsay exceptions

A

W - wrongdoing
F - former testimony
A - against interest
D - dying declaration
H - history (family or personal)

51
Q

unavailable bc he has an STD

hearsay exceptions (unavailable)

A

S - statement against interest
T - testimony (former) of now unavailable witness
D - dying declarations

52
Q

Evidence Sucks, But Present Me Please (ESBPMP)

hearsay exceptions (unavailability doesn’t matter)

A

E - excited utterance
S - state of mind
B - business records
P - present sense impression
M - medical diagnosis / treatment
P - public

53
Q

MIMIC

admitting evidence of party’s prior bad acts

A

M - motive
I - intent
M - mistake (absence)
I - identity
C - common scheme or plan

54
Q

WANT - PK

past recorded recollection

A

W - writing made by witness at witness’s discretion
A - accurate and reliable
N - necessary to augment memory
T - timely - made when fresh
P K- personal knowledge

55
Q

TREAT - PK

business records exception

A

T - timely - made at or neat time of event
R - regular course of business
E - event or condition (record of)
A - authentication
T - trustworthiness - made under circumstances
P K - personal knowledge

56
Q

TRAP

daubert - requires judges to scrutinize not only the expert’s methodology but also the underlying scientific principles

A

T - testing of principles / method
R - reliability / rate of error
A - acceptance of method in field
P - peer reviewed / publication

57
Q

Will Grant Interest When Proper (WGIWP)

requirements of land sale contract

A

W - writing
G - grantor’s signature
I - identity of parties
W - words of transfer
P - property description

58
Q

Sally Can Enter Quietly With Fred (SCEQWF)

property covenants

A

S - seisin - i own it
C - conveyance - i can sell it
E - encumberance - i can sell it with no strings attached
Q - quiet enjoymnet - once i convey title you will not be disturbed
W - warranty - if you are disturbed i will defend you
F - further assurances

59
Q

BITCOIN

covenants running with the land for burden to run

A

B - burden (to remember)
I - intent
T - touch and concern
C - conveyance (horizontal privity)
O -hOrizontal privity
I - prIvity
N - notice

60
Q

TIN

equitable servitude requirements for burden to run

A

T - touch and concern
I - prIvity
N - notice

61
Q

TI

For Benefit to Run

A

T - touch and concern
I - prIvity

62
Q

ULEAN

defenses to enforcement of equitable servitudes

A

u - unclean hands
l - laches
e - estoppel
a - acquiesce
n - neighborhood has changed significantly

63
Q

CHANGE

adverse possession elements change ownership if

A

c - continuous
h - hostile
a -actual
n - notorious
g - go for the statutory period
e - exclusive

64
Q

PING

type of easements

A

P - prescription
I - implied
N - necessity
G - grant

65
Q

END CRAMP

easement termination

A

E - estoppel
N - necessity ends
D - destruction

C - condemnation
R - release
A - abandonment
M - merger
P - prescription

66
Q

mangoes for nutrition

A

mortgage follows the note

67
Q

anxious beavers

A

assume (mortgage) = both (liable)

68
Q

deed in lieu of foreclosure

A

junior lienholders are not cutoff, only the big dog main mortgage. the borrower is STILL laible to junior lienholders after giving over the deed

69
Q

PARI

easement by implication

A

P - prior to division of single tract
A - apparent and continuous use exists on servient part
R - reasonably necessary for enjoyment
I - intended by the parties that this use should continue after division

70
Q

OACS

easement by prescription

think of a private (no prescriptive easement on public land allowed)

A

O - open and notorious
A - adverse
C - continuous and uninterrupted
S - statutory period

71
Q

HACK

duties owed to known trespassers

A

H - highly dangerous
A - artificial
C - concealed
K - known

72
Q

our winnings legally (OWL)

when co-tenants must share profits

A

O - ouster
W - waste by depletion of natural resources
L - lease with a 3rd party

73
Q

check oven burning (COB)

always tell roommate

A

C - conveyance entire property
O - obtaining exclusive possessino of part of property
B - binding co-tenant interest in a contract

74
Q

you have to pay A FEE to check if title unmarketable

what makes the title unmarketable?

A

A - adverse possession

F - future interest holder unborn
E - encumberances exist
E - existing violation of zoning ordinance

75
Q

secretly planning escape (SPE)

don’t tell a roommate

A

S - selling or leasing their own interest
P - possessing the entire property
E - extracting minerals (unless waste)

76
Q

landlords can SUCC when it comes to repairs

A

S - statutory
U - undertakes repairs
C - common area
C - covenant to repair

77
Q

when you have RATS in your apartment, you sue for breach of

implied warranty of habitability

A

R - repair and offset
A - abate the rent
T - terminate the lease
S - sue for damages

78
Q

SLP

severance of joint tenancy

A

S - sale
L - lease
P - partition

79
Q

ABCFIT

intentional torts

A

A - assault
B - battery
C - conversion
F - false imprisonment
I - iied
T - trespass to land / chattel

80
Q

DARN COPS

affirmative defenses to intentional torts

A

D - duress
A - authority
R - right of reentry / recapture
N - necessity

C - consent
O - others (defense of)
P - property
S - self

81
Q

when a HO goes PP on you

Battery

A

H - harmful or
O - offensive contact to
P - plaintiffs
P - person

82
Q

IN BMW

products liability

A

I - implied warranty fit for particular purpose
N - negligence

B - battery
M - misrepresentation
W - warranty (express or implied for ordinary use)

83
Q

when you’re FITT you usually have ABs

ABC FITT

subject to transferred intent

A

A - assault
B - battery
C - conversion
F - false imprisonment
T - trespass to chattels
T - trespass to land

84
Q

think of a baby trapped in A CRIB

false imprisonment

A

A - act or omission that

C - confines or
R - restrains plaintiff
I - in a
B - bounded area

85
Q

DITO

defamation

A

D - defamatory statement
I - inciting
T - true threats
O - obscenity

86
Q

slander / libel

A

SSSSSSSSSSSSSlander = SSSSSSSSSpoken

Libel = written

87
Q

only a CNR (sinner) would take part in such activities

abnormally dangerous activities

A

C - cannot be performed without risk of serious harm
N - not commonly engaged in particular community
R - risk of serious harm

88
Q

SUUP dude

private nuisance

A

S - substantial and
U - unreasonable interference with
U - use and enjoyment
P - possession of property

89
Q

you rlly think your employer GAF?

respondeat superior intentional tort

A

G - the dispute was GENERATED by employment
A - APPROVED by employement (force / action)
F - FURTHERANCE of employer’s business interests

90
Q

BIT / cookie icing / big penguin assess

creation of trust

A

B - beneficiary
I - intent
T - trustee

C - capacity
I - intent

B - beneficiary
P - purpose
A - assets

91
Q

why i won’t smoke again (WIWSA)

formalities of a will

A

W - writing
I - intent
W - witnesses
S - signature
A - age

92
Q

FRAUD

evidence of undue influence (trusts)

A

F - Fiduciary relationship (Confidential or fiduciary relationship)
R - Resist ability (Ability of testator to resist)
A - Abnormal disposition (Unnatural disposition)
U - Undue influence opportunity
D - Drafting involvement (Beneficiary’s involvement in drafting will)

93
Q

equitable distribution of property at divorce

Some Cute Officers Have New Shiny Cases to Carry Deadly Firearms (SCOHNSCCDF)

A

Standards of living
Career (income, skills, employability)
Obligations for support arising out of a prior marriage
Health of the parties
Needs of the parties
Support (distribution in lieu of support/alimony)
Contributions made by each spouse towards accumulation of marital property
Custody provisions
Duration of the marriage
Finances (debt, assets, liabilities)

94
Q

directors reasonably acting, gain support (DRAGS)

business judgment rule

A

D - decisions of a director
G - good faith
R - reasonably prudent person
A - acting in
S - support

95
Q

SAD

shareholder derivative suit

A

S - standing
A - adequacy
D - demand

BAR PREP (8 decks)

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