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Mnemonic Devices Flashcards

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
# 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
26
# 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
27
# 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)
28
# MY LEGS statute of frauds
M - marriage Y - one year L - land contracts E - executor G - goods sold for $500+ S - suretyship
29
# SWAMP exceptions to statute of frauds
S - specially manufactured W - waiver A - admission M - merchant memorandum P - part performance
30
# 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
31
# GILS four main types of damages
G - general I - incidental L - liquidated S - special
32
# 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
33
# 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
34
# 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
35
# SCRAM requirements to get into federal court
S - standing C - case or controversy R - ripe A - abstain M - moot
36
# Ninja Cats Growl Intensly (NCGI) content based (strict scrutiny)
N - necessary for a C - compelling G - government I - interest
37
# squirrels nibble acorns (SNA) content neutral (intermediate scrutiny) | age and legitimacy
S - substantial gov interest N - narrowly tailored A - alternate channels of communication
38
# 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
39
# 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
40
# bad results, intent known (BRFK) general intent crimes
B - battery R - rape F - false imprisonment K - kidnapping
41
42
# BARRK felony murders
B - burglary A - arson R - robbery R - rape K - kidnap
43
# 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
44
# 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
45
# 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)?
46
# 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
47
# 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
48
# 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
49
# 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)
50
# 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)
51
# unavailable bc he has an STD hearsay exceptions (unavailable)
S - statement against interest T - testimony (former) of now unavailable witness D - dying declarations
52
# 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
53
# MIMIC admitting evidence of party's prior bad acts
M - motive I - intent M - mistake (absence) I - identity C - common scheme or plan
54
# 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
55
# 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
56
# 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
57
# 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
58
# 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
59
# 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
60
# TIN equitable servitude requirements for burden to run
T - touch and concern I - prIvity N - notice
61
# TI For Benefit to Run
T - touch and concern I - prIvity
62
# ULEAN defenses to enforcement of equitable servitudes
u - unclean hands l - laches e - estoppel a - acquiesce n - neighborhood has changed significantly
63
# CHANGE adverse possession elements change ownership if
c - continuous h - hostile a -actual n - notorious g - go for the statutory period e - exclusive
64
# PING type of easements
P - prescription I - implied N - necessity G - grant
65
# END CRAMP easement termination
E - estoppel N - necessity ends D - destruction C - condemnation R - release A - abandonment M - merger P - prescription
66
mangoes for nutrition
mortgage follows the note
67
anxious beavers
assume (mortgage) = both (liable)
68
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
69
# 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
70
# 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
71
# HACK duties owed to known trespassers
H - highly dangerous A - artificial C - concealed K - known
72
# 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
73
# 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
74
# 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
75
# 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)
76
landlords can SUCC when it comes to repairs
S - statutory U - undertakes repairs C - common area C - covenant to repair
77
# 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
78
# SLP severance of joint tenancy
S - sale L - lease P - partition
79
# ABCFIT intentional torts
A - assault B - battery C - conversion F - false imprisonment I - iied T - trespass to land / chattel
80
# 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
81
# when a HO goes PP on you Battery
H - harmful or O - offensive contact to P - plaintiffs P - person
82
# 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)
83
# 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
84
# 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
85
# DITO defamation
D - defamatory statement I - inciting T - true threats O - obscenity
86
slander / libel
SSSSSSSSSSSSSlander = SSSSSSSSSpoken Libel = written
87
# 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
88
# SUUP dude private nuisance
S - substantial and U - unreasonable interference with U - use and enjoyment P - possession of property
89
# 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
90
# 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
91
# why i won't smoke again (WIWSA) formalities of a will
W - writing I - intent W - witnesses S - signature A - age
92
# 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)
93
equitable distribution of property at divorce ## Footnote 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)
94
# 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
95
# SAD shareholder derivative suit
S - standing A - adequacy D - demand

BAR PREP (8 decks)

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