Mnemonics Flashcards
Amending a federal pleading to add a time-barred related claim can be done with an ANT:
A – It AROSE out of the same facts pleaded in the original complaint
N – The original pleading gave NOTICE of the new claim
T – The new claim was TIMELY when the original pleading was filed with the County clerk
There are 2 types of corrective motions – SS:
S – A motion for a more definite STATEMENT in the pleading S – A motion to STRIKE irrelevant, prejudicial, or scandalous matter from a pleading Rule 12(f) and (e)
In a Rule 12(b)(6)motion to dismiss, court opinions always cite FAT DRIP:
The complaints FACTUAL ALLEGATIONS are accepted as TRUE, and the court will DRAW
all REASONABLE INFERENCES in the PLAINTIFF’S favor
A Rule 65 federal preliminary injunction or T.R.O. will not be granted unless the P demonstrates
by clear and convincing evidence LIE:
L – LIKELIHOOD (a probability not certainty) of the P’s success
I – IRREPARABLE injury is occurring or will occur to the P unless the preliminary
injunction is granted
E – EQUITIES, when balanced by the court, clearly tip in the P’s favor
note: Federal Rule 65(b) limits a T.R.O. not to exceed 14 days but for good cause it can be extended
another 14 days. To get it ex parte, show “immediate and irreparable injury”
In Federal Practice, use AID MD devices for pre-trial discovery:
A – ADMISSIONS demand I – Written INTERROGATORIES D – DEPOSITIONS (a.k.a. EBTs – “examinations before trial”) M – MENTAL and Physical Exam D – DISCOVERY & Inspection of evidence
Object to the form of the question at an EBT or trial based on A CLAM’S BAR:
A – AMBIGUOUS Question C – COMPOUND Q (asking 2 things at once) L – LEADING Q on direct exam A – ARGUMENTATIVE & badgering Q M – MISQUOTING an earlier statement S – Ask the witness to SPECULATE B – An overly BROAD Q A – ASSUMING a fact not in evidence when asking Q R – REDUNDANT Q on direct exam (previously asked & answered by witness)
A DRIPS are discovery sanctions: (Rule 26(g))
A –ATTORNEY’S FEES & punitive sanctions against non-disclosing party
D – DISMISSING an action against A DRIPS P or ordering a DEFAULT judgment against A
DRIPS
R – RESOLVING issues against a non-disclosing party
I – An adverse INFERENCE jury charge
P – PRECLUDING that party from offering evidence on certain issues
S – STRIKING that party’s pleading or any part thereof
A valid deed requirements: a valid Deed Needs Simple Words
D- description of property
N- name of grantee
S- signature of grantor
W- words of conveyance
ways to create an easement PINEE
P- prescription I- implied N- necessity E- Estoppel E- express
OCANS is required for an easement by prescription
how can you prevent an easement by prescription?
O- Open C- continuous A- adverse N- notorious S- statutory period
continuous interference with statutory period
Implied easement created by NCCAP
N- reasonably Necessity
C- common grantor of servient and dominant estates
C- C = Continuous use of the easement from grantor to current owner
Apparent (visible) use of servient estate by dominant estate
P- use of easement of servient estate by dominant estate Prior to grant (a.k.a.], quasi-easement)
this land contract must be valid because Sarah Weinblatt Doesnt Lie C
S- signed
W- writing
D- description of land
C- consideration
only a LASS can get a negative easement (restriction)
L- Light
A- Air
S- support of structures
S- stream water from artificial source
Ways An Easement Can Terminate
[TAMPERED your easement or it will die]
T = Terms that give rise to end of easement A = Abandonment - actions of owner of dominant estate indicates intention to abandon M = Merger of dominant and servient estates (one person comes to own both properties) P = Prescription - owner of servient estate shows that they prevented use for statutory period (20 years) E = Estoppel - reliance on oral promise R = Release - written termination by holder of dominant estate E = End of the necessity D = Destruction of the servant estate
Corporation Formation A PAIN
Authorized Shares Purpose Agent Incorporators Name of Corp
I had a covenant WITH V
W riting I ntent T ouch and concern H orizontal V ertical
The Rule against perpetuities does not apply to R IV
future interests retained by the Grantor: possibility of Reverter, Reversion, or Right of Reentry
Indefeasibly vested remainders
Vested remainders subject to defeasance
The ways to sever a joint tenancy can be remembered with the bar exam mnemonic G-SAM.
Give it away during life (conveyance),
Sign a contract for sale,
Actual foreclosure/judicial sale by a judgment lien creditor, and
to execute a Mortgage in a title theory state.
NFF!! The sound of Void deeds
note: A void deed will be set aside and have no legal effect even to a BFP for value
Not delivered
Fraud in the Factum
Forged
These deed are Voidable you DUMB MF’er
note: the deed may be set aside by election for any of these reasons the deed is voidable but only if it has not yet passed to BFP
Duress
Undue Influence
Mistake
Breach of Fiduciary Duty
Minor/incapacitated
Fraud in the inducement
UCC 9 Essay Test Question Approach
[Seven Angry Creditors Persistently Pursue Secured Parties Relentlessly]
S = Is there a Security Agreement?
A = Has the security interest Attached?
C = What is the classification of the Collateral?
P = Is this a Purchase Money Security Interest (PMSI)?
P = Is the security interest Perfected?
S = What is the Status of the party?
P = What Priority rule applies?
R = What Remedy is available?
Attachment makes a security interest enforceable. Attachment occurs when the LAST of these three requirements are met
[VCR]
V = Value given by the secured party to the debtor
C = Contract agreement that security interest attach
R = Debtor has Rights in the collateral
Secured Trans. Creditor Priorities “Bitch In Charge, PACked her Little Car, with No Cold Beverages, then Upped the A/C, to Get us Cold”
Buyer in ordinary course Perfected and attached creditor Lien creditor Non ordinary course buyer Attached unperfected creditor General unsecured creditor
A plaintiff can find res ipsa loquitor in a PEA
P – Probability that the plaintiff was injured through no fault of his own
E – D had Exclusive control over the instrumentality that caused the injury
A – Absent negligence, the injury would not have occurred
A SWAN is strictly liable in tort
A – Abnormally Dangerous Activity
S – Strict Products Liability
W – Worker’s job related injury (Worker’s Comp)
A – Injuries caused by wild Animals or vicious domestic animals
N – Neg Per Se
If you inflict emotional harm, you’ll have a SAD CEO
CEO – D’s intentional or reckless CEO (Conduct that was Extreme and Outrageous)
exceeding all bounds usually tolerated by a decent society, and
SAD – D’s conduct caused P to suffer SAD (Severe And Debilitating) emotional
anguish
A defamer is privileged when she has JET LEG
J – Defamatory Statements in the course of a Judicial proceeding
E – Confidential defamatory communications spoken between spouses who are
deemed one Entity, when a spouse is sued for defamation
T – Truth
L – Statements by Legislators made in legislative chambers
E – Executives of state, local or federal governmental or administrative agencies
making defamatory statements in furtherance of their official duties
G – Statements made to Bar Association Grievance Committees
False Imprisonment puts you IN A Crib
Intentional
No reasonable means of escape
Awareness of confinement or actual harm
Confined or Restrained in a Bounded area
Battery Mnemonic. IHOC
Intentional- subjective intent of actor with specific purpose or knowledge
Harmful or
Offensive
Contact- direct or indirect contact with victim or what victim is holding
Assault. IA IHOC APA:
Imminent Apprehension of an Intentional Harmful or Offensive Contact with an ApparentPresentAbility to carry it out
Intentional Infliction of Emotional Distress - Mnemonic. ICOEDS:
Intentional Conduct Outrageous and Extreme Distress Severe
Trespass to land requires WRIC
Wrongful invasion- entering without permission, being asked to leave but refusing, or placing an object on the land without permission
of Real Property with
Intent to enter, remain, or place a physical object on the property
Causation (D’s act causes invasion)
Intentional Tort- Defenses
“Crazy Silly Double Dealing Dirty Dog Leave Right Now, Never Return Ever”
- Consent
- Self Defense
- Defense Of Others
- Defense Of Property
- Discipline
- Detention For Investigation (shopkeepers privilege)
- Legal Authority
- Reentry Of Land Wrongfully Withheld
- Necessity (Public)
- Necessity (Private)
- Recapture Of Chattel Wrongfully Withheld
- Entry To Abate A Nuisance
An agent is personally liable if she TOUTS her activity:
T – The agent commits TORTIOUS conduct, in which case the agent is personally liable
for those harmed
O – The agent acted OUTSIDE her authority, or she acted without any authority, giving
rise to a cause of action for breach of the implied-in-law warranty of authority
U – The agent acted on behalf of an unnamed or UNDISCLOSED principal
T – The agent served TWO principals without full disclosure to each principal and
without obtaining their informed consent
S – SELF-DEALING by the agent with the principal’s business opportunities
A BID can terminate an agency relationship:
A – An ACT of the agent or principal unilaterally terminating the agency contract
B – BANKRUPTCY of the principal
I – INCOMPETENCY of the principal, unless the principal signed NY’s “Durable
Power of Attorney”
D – DEATH
She DRAWS profits, but she’s not a partner:
D – Payment of a DEBT R – Payment of RENT A – Payment of an ANNUITY to a partner’s SS W – WAGES S – SALE of the good will of a business
Every partner has PMS:
P – The right to use partnership PROPERTY
M – The right to participate in MANAGEMENT of the partnership
S* – The right to SHARE in partnership profits and the return of capital contributed
The court will dissolve a CLUB J partnership:
C – One partner can’t CARRY on her share of the work
L – The partnership can only be carried on at a LOSS
U – One partner is of UNSOUND mind
B – One partner PERSISTENTLY breaches the partnership agreement
J – On other grounds that the court finds JUST and equitable
An employer of an independent contract is liable if the work to be performed invokes BIP:
B – It injures a BUSINESS INVITEE
I – It’s INHERENTLY dangerous; or
P – It endangers the PUBLIC WAY
The court will dissolve a CUB partnership:
C – One partner can’t CARRY on her share of the work
U – One partner is of UNSOUND mind
B – One partner PERSISTENTLY breaches the partnership agreement
principal has duties to his agent RICI +
R - reasonable compensation (if agreement is silent)
I - duty to indemnify an agent for losses incurred payments made that arise from the agency relationship
CI- duty to Cooperate with agent and not unreasonably Interfere with agents actions and
any additional duties created by the agency agreement
agents are bound by the duties of LOR
Loyalty
Obey reasonable instructions
Reasonable care
RAMPS for Justiciability Requirements
Ripeness Advisory Opinions Mootness Political Question Standing
A content-neutral regulation must be a reasonable SON of the 1st amendment
S – The restriction must be justified by a Significant governmental interest
O – The regulation must leave Open ample alternative channels of communication
AND
N – The regulation must be Narrowly tailored to further the government’s goal, but
doesn’t have to be least restrictive means of doing so
All commercial speech restrictions with STAN are valid
S– Government must have a SUBSTANTIAL INTEREST to restrict the speech
T – Advertisements must be TRUTHFUL and concern lawful products and services
A – Governmental restrictions must directly and materially ADVANCE the
government’s “substantial interest” in enacting the law (and there must be
“reasonable fit” between the state’s goal and means used to achieve that goal)
N – The regulation must be NARROWLY-DRAWN and must not be more extensive than
necessary to achieve the government’s substantial interest
Fundamental rights drink from the Equal Protection VAT
V – Voting rights
A – Access to courts
T – The right to Travel throughout the US
The President always wears his VET’S CAP
V – Veto Power over Congressional Acts
E – Executive Power to “take care” that laws of the US are faithfully executed
T – Treaty Power
S – State of the Union recommendation to Congress for proposed legislation
C – Commander in Chief of the armed forces
A – Appointment power over ambassadors, judges of the Supreme Court, and other
“superior officers” of the US
P – Pardon Power over federal crimes
S – Power to call a Special Session of Congress
PIEPER FIT WABCD in Congress (express powers of Congress, enumerated in
Article I of the US Constitution)
P – Post office
I – Investigatory power to find facts in order to pass legislation
E – Enforcement of federal civil rights under the 13th, 14th, and 15th amendments
P – Property power
E – Federal Elections
R – Raising revenues by taxing
F – Fiscal power
I – The power to regulate Inferior federal courts and their procedures
T – Treaty power
W – The power to declare War
A – Power over Aliens and their naturalization to become citizens
B – Bankruptcy
C – International and interstate Commerce
D – District of Columbia police power
Standing Requirements ICR
1) Injury
2) Causation
3) Redressability
The Commerce Clause can regulate the CIA
Channels of Interstate Commerce
Instrumentalities of Interstate Commerce
Activities of Interstate Commerce
Time, Place, Manner Restrictions for Public Forum/Limited Public Forum
Yes we CAN
Content-neutral regulation
Alternative channels of communication
Narrowly tailored to serve an important gov’t interest
Lemon SEX test to see if it violates the establishment clause
Secular Purpose
Effect (primary) does not advance or prohibit religion
EXcessive Gov’t Entanglement with Religion (does not promote)
Privileges and Immunities claims cannot be asserted by RAG CAP:
R – A RESIDENT of the state who’s law is being challenged (i.e., the P here must be a
non-resident or a newly arrived resident)
A – ALIENS
G – The U.S. GOVENMENT
C – CORPORATIONS
A – ASSOCIATIONS (partnerships, LLCs, etc.)
P – PARTNERSHIPS
IOU an abandonment divorce
I—the D left the marital home with the INTENT not to return
O—The abandonment continued for ONE year or more, but a separation COA based on abandonment can be for any time period provided the other IOU element are satisfied
U—The D’s abandonment was UNJUSTIFIED and without the P’s consent
In a motion seeking custody or seeking a change in custody based on a substantial change in circumstances, the court considers the following factors, but no single factor is controlling—FLIP DADS
F—FINANCIAL ability of each parent
L—LIFESTYLE of each parent and any adverse effect on the child
I—How the INITIAL custody arrangement was made—that is, was it made on consent of the non-custodial parent? Or was it made after a full trial on the BIC issue
P—Which parent served as the child’s PRIMARY caretaker in the past
D—DESIRES of the children (younger children can be manipulated by parents, so courts less likely to give their decisions much weight)
A—Parents’ AVAILABILITY, ability, and living arrangements available for child custody
D—prior incidents of DOMESTIC violence, which must be established by a preponderance of the evidence
S—SIBLINGS should not be separated
MA/PA can terminate CUSTODY
MENTAL illness
• EX: schizophrenia or retardation of a parent
A—parent’s ABANDONEMENT of the child by failing to contact the child (no visits or communication) for 6 consecutive months
P—PERMANENT neglect of the child
EX: where the parent is a hopeless drug addict
A—ABUSE of the child either severely or repeatedly/physically or mentally
A spouse’s P2IGS are separate (not marital) property
P – Property acquired by either spouse Prior to the marriage
P – Personal injury awards to one spouse during the marriage
I – Property Inherited by one spouse during the marriage
G – Gifts to one spouse only, from someone other than the other spouse
S – Property purchased with one spouse’s Separate property
CAN’T RIP apart the class
To file a class action, you need all 4 prerequisites and 1 of the 3 grounds: 4 Prerequisites: C = Commonality - common issues between parties A = Adequacy - reps fairly and adequately protect interests of class N = Numerosity - too many parties requires too many separate trials T = Typicality - reps are typical of class
1 of 3 grounds: R = Risk of adverse effects from separation actions I = Injunctive relief is applicable to the class P = Predominance of common questions
Categories of unprotected speech FIDO
F - fighting words (must be face to face)
I - incitement to imminent violence - clear and present danger of immediate lawless action
D - defamation
O - obscenity - Miller obscenity (see POV)
Until Feb/Fall, Test Pressure, Exhaustion Both Threaten Romance
Subject: Contracts & Sales
Contracts and Sales essay test question approach
U = UCC or common law k - Which law applies?
F = Formation - has the k been formed?
T = Terms - What are the terms of the k?
P = Performance - Have the parties performed their contractual obligations (the terms just discussed)?
E = Excuse - Is there an excuse for non-performance or other defense?
B = Breach - If not excused, does the non-performance amount to a breach of K?
T = Third party issues - Are there any 3rd party issues, such as 3rd beneficiaries or assignment/delegation?
R = Remedy - what are the rights and obligations with respect to any remedies and damages?
MRS BAKER
Subject: Criminal Law Felonies that are inherently dangerous felonies for purposes of the common law felony-murder rule: M = Mayhem/Maiming R = Rape S = Sodomy B = Burglary A = Arson K = Kidnapping E = Escape (from official custody) R = Robbery
in order for the 4th Amendment to apply, there must be: sss
S = State action S = Standing S = Search or Seizure
A state statute is constitutional if PIT
police power, rationally related interest, 10th amendment
Sof F Exceptions - SWAP
Specially manufactured goods, Written confirmation by merchant, Admission in proceeding, Performance by payment or acceptance
An out-of-court statement is NOT being “offered for its truth” when it is offered to…
[“If you’re saying you can ‘C-ELVIS’ you aren’t offering the truth”]
C = show that the declarant had the CAPACITY to observe, recall or relate information E = show its EFFECT on the hearer to explain some action of the hearer or to show what the hearer knew L = show that the declarant spoke words that, regardless of their truth, have a LEGALLY operative effect V = show a VERBAL act - words that clarify ambiguous conduct I = IMPEACH S = show the declarant's STATE of mind circumstantially
Six Types Of Non-Hearsay
[I C SOM LACE]
I = Impeachment
C SOM = Circumstantial State of Mind
L = Legally operative facts A = Verbal acts C = Capacity E = Effect on hearer
Common law felonies proper for impeachment by prior conviction of crime
[MR. & MRS. K. LAMB]
M = Murder R = Rape M = Mayhem (Maiming) R = Robbery S = Sodomy K = Kidnapping L = Larceny A = Arson M = Manslaughter B = Burglary
When can SILENCE be a “statement” for hearsay purposes?
When can SILENCE be “inconsistent” for prior inconsistent statement?
[HOW can silence be a statement or inconsistent?]
H = Witness Heard and understood what was said by another about witness
O = Witness had the Opportunity to respond
W = Witness Would have responded if the statement were not true
The only hearsay exceptions that REQUIRE UNAVAILABILITY of Declarant are…
[She’s not available she’s DAFFY!]
D = Dying Declarations (civil and homicide related cases) A = Statement Against interest (against proprietary, pecuniary or penal interest) F = Former Testimony F = Forfeiture by wrongdoing Y = Family HistorY
Attachment makes a security interest enforceable. Attachment occurs when the LAST of these three requirements are met
[VCR]
V = Value given by the secured party to the debtor
C = Contract agreement that security interest attach
R = Debtor has Rights in the collateral
Impeachment Teachniques BICCC
Bias
- Inconsistent Statements
- Capacity
- Character
- Contradiction
Business Records KRAP
Keep
Regular Course
At or near the time
Personal Knowledge
Slander Per Se PLUM
Profession and business adverse remarks
- Loathsome Disease
- Unchasity of an unmarried woman
- Moral Turpitude (crime involving)
Invasion of Rights to Privacy CLIP
picture of name for Commercial advantage
- False Light
- Intrusion upon ppl’s affair or seclusion
- Public exposure of private facts
Requirements for Trust creation PARTI
Purpose Ascertainable Beneficiaries Res Trustee Intent
Valid Wills must be SWEPT
Signed by an adult testator Writing End - signature must be at the end Published that it is a will Two witnesses who do not have to be adults must sign w/n 30 days of each other
A will validity can be contested based on a TIE
Testamentary capacity
Influence (undue)
Execution (improper) Improperly SWEPT
Abnormally Dangerous Activities “HAND”
High risk
Act is not safe ever
Not common
Defenses (contributory negligence, comparative fault, assumption if risk, intoxication)
Rational Basis WAIT-DONE
Wealth
Age
Illegal Aliens
Travel International
Disability
Orientation
National origin (gov’t purposes only)
Employment (public)
Speech where intermediate scrutiny applies CBS NBC Z
Commercial Speech
Broadcast requirements
Symbolic speech
Neutral - time, place, manner
Ban on nude dancing in public
Campaign contributions
Zoning (porn shops, xxx)
A is for Arson ABCD
Arson
more than Blackening
Charring
a Dwelling
Exceptions to Good Faith Reliance “LAID”
Lied
Abandoned
Insufficient affidavit
Deficient in particulars
The relationship is DISMAL if spouse can’t take her share
D ivorce I nvalid divorce by surviving spouse S eperation decree (not agreement) M arriage is voild A bandonment by surviving spouse L ack of financial support by surviving spouse
Requirements of a Duly Executed Will: 18 Swine Entered Into Panama 2 Were Executing w/in 30 days
18 is the min age to write a will
S igned by testor
E nd of will is where the signature must be
I n the presence of two witnesses
P ublish, tell attesting witnesses “this is my will”
2 W itness is the minimum
Executed within 30 days - witness must sign w/in 30 days of each other
