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
