Mnemonic Devices Flashcards
SECURING COURTS LEGAL DOMAIN (SCLD)
personal jurisdiction - traditional bases
S - service of process
C - consent
L - long arm
D - domicile
MAYBE TIGERS FEAR SHARKS (MTFS)
personal jurisdiction - due process
M - minimum contacts
T -traditional notions of
F - fair play
S - substantial justice
CRISTIANO RONALDO SUCKS (CRS)
personal jurisdiction - fairness factors
C - convenience
R - relatedness of claims (specific + general jx)
S - state’s interest
CROSS THE AVENUE (CTA)
diversity jurisdiction
C - complete diversity
T - time case filed
A - amount in controversy > $75k
MUST ANALYZE COURT OPINIONS (MACO)
supplemental jurisdiction
M - multiple claims
A - additional claims no subject matter jx
C - common nucleus of operative fact
O - original jx
NINTENDO DS (NDS)
removal jurisdiction
N - never a plaintiff
D - defendants join
S - subject matter jurisdiction
RES
Venue (for proper venue)
R - residence of defendants
E - event occurred here
S - substantial part of claim arose
CLIPS
venue (for transfer of venue)
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)
ABCD
venue + forum selection clause
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?)
SAID
Service
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)
JUST SUE DUDE (JSD)
complaint
J - jurisdiction
S - statement of cliam
D - demand for relief
SIMP
preliminary injunctions (until trial)
S - success
I - irreperable injury
M - money can’t compensate
P - post bond
BAN
ex-parte temporary restraining order
B - bond
A - affidavit
N - notice (attempt)
Soft Serve’s Fucking Outstanding (SSFO)
claim preclusion
S - same claim
S - same parties
F - final judgment
O - on the merits
Soft Asses Are Necessary (SAAN)
issue preclusion
S - same issue
A - actually litigated
A - actually decided
N - necessary to court’s judgment
CANT
class actions
C - commonality
A - adequacy
N - numerosity
T - typicality
Sunny Skies (SS)
RJMOL Question
S - substanial
or
S - scintilla
God Damn Mother Fucker (GDMF)
summary judgment standard
G - genuine
D - dispute of
M - material
F - fact
In Certain Circumstances An Appeal Can Be Made Prematurely (ICCAACBMP)
exception from final judgment order rule
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
offer expires when it gets TIRED
offer expires when _____
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
FOUR exceptions to termination of an offer
exceptions to termination of an offer
F - firm offer by a merchant (max 3 months)
O - option contract
U - unilateral contract
R - reasonably foreseeable
fireworks explode above (FEA)
exception to pre-existing duty rule
F - fair
E - equitable
A - anticipated (NOT)
a spanish guy calling you a “sick fuck” SIC FACC
parol evidence
S - subsequent modification
I - incorrectly reflected in the writing
C - consideration problems
F - formation defects
A - ambiguous terms
C - collateral agreement
C - condition precedent
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…
meo like a cat
M - materially alter
E - expressly limits
O - objects within a reasonable time
you antiicpate repudiation when the other side just SITS
anticipatory repudiation
4 alternatives for non-repudiating party
S - sue immediately
I - ignore repudiation and urge performance
T - treat as discharged
S - suspend own performance and wait
WHALE
material breach analysis
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
I <3 dimsum
defenses to contract formation
I - incapacity
D - duress
I - illegality
M - misrepresentation
S - statute of frauds
U - undue influence
M - mistake / misunderstanding (unilateral / mutual)
MY LEGS
statute of frauds
M - marriage
Y - one year
L - land contracts
E - executor
G - goods sold for $500+
S - suretyship
SWAMP
exceptions to statute of frauds
S - specially manufactured
W - waiver
A - admission
M - merchant memorandum
P - part performance
when you make mistake by going to AMC instead of the nice movie theater
defense to formation - mistake by both parties
A - adversely affected party did not assume the risk
M - materially adverse effect
C - concerns a basic assumption
GILS
four main types of damages
G - general
I - incidental
L - liquidated
S - special
MR. PRUD
remedies (legal damages measurements)
M - market value
R - replacement cost
P - personal value
R - repair costs
U - utility value
D - dimunition in value
how much the contract HID the 3rd party
to determine if intended.. consider whether the beneficiary:
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
ALMs for the poor… 3rd party benef is like someone collecting an ALM
when have they vested?
A - assent manifested in manner requested by parties
L - lawsuit brought to enforce promise
M - materially changes positions in justifiable reliance on promise
SCRAM
requirements to get into federal court
S - standing
C - case or controversy
R - ripe
A - abstain
M - moot
Ninja Cats Growl Intensly (NCGI)
content based (strict scrutiny)
N - necessary for a
C - compelling
G - government
I - interest
squirrels nibble acorns (SNA)
content neutral (intermediate scrutiny)
age and legitimacy
S - substantial gov interest
N - narrowly tailored
A - alternate channels of communication
CAMPERS
fundamental right to privacy
C - contraception
A - abortion
M - marriage
P - procreate
E - education (right to decide for child)
R - relations (family)
S - sexual
Students Can Always Fake A Laugh Even For Ridiculous Bar Facts
specific intent crimes
SCAFALEFRBF
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
bad results, intent known (BRFK)
general intent crimes
B - battery
R - rape
F - false imprisonment
K - kidnapping
BARRK
felony murders
B - burglary
A - arson
R - robbery
R - rape
K - kidnap
ESCAPES
search warrant exceptions
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
DA IS KING
exceptions to exclusionary rule
D - inevitable discovery
A - attention of causal chain
I - independent
S - source
K - knock and announce
I - isolated
N - negligence
G - good faith
grow up (GRW PP) and stop committing crimes
search and seizure (questions to ask)
G - government agent?
R - reasonable expectation of privacy?
W- warrant?
P - proper (warrant)?
P - properly executed (warrant)?
think of a drunk frat guy at RHO arguing with a cop about rep
reasonable expectation of privacy
R - right to possession of place searched
H - his / her home
O - overnight guest of owner
exceptions permitting retrial even if DJ attaches:BHAM trial starts over
double jeopardy - exceptions permitting retrial even if jeopardy attaches
B - breach of please bargain by defendant
H - hung jury
A - appealed successfully (unless insufficiency of evidence)
M - manifest necessity to abort original trial
i can’t believe this son (of a) bitch (ICBTS)
methods of impeachment
I - inconsistent statements
C - convictions of crimes
B - bias
T - truthfulness (reputation / opinion)
S - sensory deficiency
a SOUR personality
when can you bring in character evidence?
S - specific acts
O - opinion testimony
U - ultimate issue in case
R - reputation (generally in community)
Well, Fuck Ass Damn Hell (WFADH)
unavailable declarant hearsay exceptions
W - wrongdoing
F - former testimony
A - against interest
D - dying declaration
H - history (family or personal)
unavailable bc he has an STD
hearsay exceptions (unavailable)
S - statement against interest
T - testimony (former) of now unavailable witness
D - dying declarations
Evidence Sucks, But Present Me Please (ESBPMP)
hearsay exceptions (unavailability doesn’t matter)
E - excited utterance
S - state of mind
B - business records
P - present sense impression
M - medical diagnosis / treatment
P - public
MIMIC
admitting evidence of party’s prior bad acts
M - motive
I - intent
M - mistake (absence)
I - identity
C - common scheme or plan
WANT - PK
past recorded recollection
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
TREAT - PK
business records exception
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
TRAP
daubert - requires judges to scrutinize not only the expert’s methodology but also the underlying scientific principles
T - testing of principles / method
R - reliability / rate of error
A - acceptance of method in field
P - peer reviewed / publication
Will Grant Interest When Proper (WGIWP)
requirements of land sale contract
W - writing
G - grantor’s signature
I - identity of parties
W - words of transfer
P - property description
Sally Can Enter Quietly With Fred (SCEQWF)
property covenants
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
BITCOIN
covenants running with the land for burden to run
B - burden (to remember)
I - intent
T - touch and concern
C - conveyance (horizontal privity)
O -hOrizontal privity
I - prIvity
N - notice
TIN
equitable servitude requirements for burden to run
T - touch and concern
I - prIvity
N - notice
TI
For Benefit to Run
T - touch and concern
I - prIvity
ULEAN
defenses to enforcement of equitable servitudes
u - unclean hands
l - laches
e - estoppel
a - acquiesce
n - neighborhood has changed significantly
CHANGE
adverse possession elements change ownership if
c - continuous
h - hostile
a -actual
n - notorious
g - go for the statutory period
e - exclusive
PING
type of easements
P - prescription
I - implied
N - necessity
G - grant
END CRAMP
easement termination
E - estoppel
N - necessity ends
D - destruction
C - condemnation
R - release
A - abandonment
M - merger
P - prescription
mangoes for nutrition
mortgage follows the note
anxious beavers
assume (mortgage) = both (liable)
deed in lieu of foreclosure
junior lienholders are not cutoff, only the big dog main mortgage. the borrower is STILL laible to junior lienholders after giving over the deed
PARI
easement by implication
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
OACS
easement by prescription
think of a private (no prescriptive easement on public land allowed)
O - open and notorious
A - adverse
C - continuous and uninterrupted
S - statutory period
HACK
duties owed to known trespassers
H - highly dangerous
A - artificial
C - concealed
K - known
our winnings legally (OWL)
when co-tenants must share profits
O - ouster
W - waste by depletion of natural resources
L - lease with a 3rd party
check oven burning (COB)
always tell roommate
C - conveyance entire property
O - obtaining exclusive possessino of part of property
B - binding co-tenant interest in a contract
you have to pay A FEE to check if title unmarketable
what makes the title unmarketable?
A - adverse possession
F - future interest holder unborn
E - encumberances exist
E - existing violation of zoning ordinance
secretly planning escape (SPE)
don’t tell a roommate
S - selling or leasing their own interest
P - possessing the entire property
E - extracting minerals (unless waste)
landlords can SUCC when it comes to repairs
S - statutory
U - undertakes repairs
C - common area
C - covenant to repair
when you have RATS in your apartment, you sue for breach of
implied warranty of habitability
R - repair and offset
A - abate the rent
T - terminate the lease
S - sue for damages
SLP
severance of joint tenancy
S - sale
L - lease
P - partition
ABCFIT
intentional torts
A - assault
B - battery
C - conversion
F - false imprisonment
I - iied
T - trespass to land / chattel
DARN COPS
affirmative defenses to intentional torts
D - duress
A - authority
R - right of reentry / recapture
N - necessity
C - consent
O - others (defense of)
P - property
S - self
when a HO goes PP on you
Battery
H - harmful or
O - offensive contact to
P - plaintiffs
P - person
IN BMW
products liability
I - implied warranty fit for particular purpose
N - negligence
B - battery
M - misrepresentation
W - warranty (express or implied for ordinary use)
when you’re FITT you usually have ABs
ABC FITT
subject to transferred intent
A - assault
B - battery
C - conversion
F - false imprisonment
T - trespass to chattels
T - trespass to land
think of a baby trapped in A CRIB
false imprisonment
A - act or omission that
C - confines or
R - restrains plaintiff
I - in a
B - bounded area
DITO
defamation
D - defamatory statement
I - inciting
T - true threats
O - obscenity
slander / libel
SSSSSSSSSSSSSlander = SSSSSSSSSpoken
Libel = written
only a CNR (sinner) would take part in such activities
abnormally dangerous activities
C - cannot be performed without risk of serious harm
N - not commonly engaged in particular community
R - risk of serious harm
SUUP dude
private nuisance
S - substantial and
U - unreasonable interference with
U - use and enjoyment
P - possession of property
you rlly think your employer GAF?
respondeat superior intentional tort
G - the dispute was GENERATED by employment
A - APPROVED by employement (force / action)
F - FURTHERANCE of employer’s business interests
BIT / cookie icing / big penguin assess
creation of trust
B - beneficiary
I - intent
T - trustee
C - capacity
I - intent
B - beneficiary
P - purpose
A - assets
why i won’t smoke again (WIWSA)
formalities of a will
W - writing
I - intent
W - witnesses
S - signature
A - age
FRAUD
evidence of undue influence (trusts)
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)
equitable distribution of property at divorce
Some Cute Officers Have New Shiny Cases to Carry Deadly Firearms (SCOHNSCCDF)
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)
directors reasonably acting, gain support (DRAGS)
business judgment rule
D - decisions of a director
G - good faith
R - reasonably prudent person
A - acting in
S - support
SAD
shareholder derivative suit
S - standing
A - adequacy
D - demand
