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MEE Topics > Mnemonics > Flashcards

Mnemonics Flashcards

1
Q

Joint tenancy

A

TTIP (same Time, same Title, identical & equal Interests, right to Possess whole)

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2
Q

If tenant breaches lease but is out of possession

A

SIR (Surrender, Ignore, Re-let)

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3
Q

Constructive eviction

A

SING (Substantial Interference, Notice, Goodbye)

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4
Q

Tenant options when implied warranty of habitability is breached

A

MR3 (Move out & terminate lease, Repair & deduct, Reduce or withhold rent, Remain & pay full rent & seek damages)

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5
Q

Landlord tort liability

A

No duty to make premises safe except CLAPS (Common areas, Latent defects, Assumption of repairs, Public use rule, Short term lease of furnished dwellings)

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6
Q

Negative easement types

A

LASS (Light, Air, Support, Stream water from artificial flow)

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7
Q

Types of easements

A

PING (Prescription, Implication, Necessity, Grant in writing & signed by owner of servient estate)

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8
Q

Requirements for creation of easement by prescription

A

COAH (Continuous and uninterrupted use, Open and notorious use, Actual use, Hostile use)

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9
Q

Termination of easements

A

END CRAMP (Estoppel, Necessity ends, Destruction of servient land, Condemnation of servient estate, Release by easement holder in writing, Abandonment by physical action, Merger with dominant estate, Prescription by servant

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10
Q

Requirements for covenant’s enforceability

A

Burden: WITHN (Writing, Intent, Touch and concern, Horizontal and vertical privity, Notice)

Benefit: WITV (Writing, Intent, Touch and concern, Vertical Privity)

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11
Q

Requirements for equitable servitude enforceability

A

WITNES (Writing, Intent, Touch and concern, Notice, Equitable Servitude)

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12
Q

Adverse possession requirements

A

COAH (Continuous, Open and notorious, Actual and exclusive, Hostile)

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13
Q

Requirements for valid deed

A

LEAD (Lawfully Executed And Delivered)

& WUII (Writing, Unambiguous description of land, Identification of parties, Intent to transfer)

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14
Q

Present covenants

A

SCRAE (Seisin, Covenant of Right to convey, Against Encumbrances)

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15
Q

Future covenants

A

QWA (Quiet enjoyment, Warranty, further Assurances)

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16
Q

RAP applies only to

A

CREVOOR (Contingent Remainders, Executory interests, Vested remainders subject to Open, Options to purchase, Right of first refusal)

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17
Q

Specific Intent Crimes

A

Students Can Always Fake a Laugh, Even For Ridiculous Bar Facts (Solicitation, Conspiracy, Attempt, First degree premeditated murder, Assault, Larceny, Embezzlement, False pretenses, Robbery, Burglary, Forgery)

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18
Q

General Intent

A

FIBRK (False Imprisonment, Battery, Rape, Kidnapping)

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19
Q

Dangerous felonies

A

BARRK (Burglary, Arson, Rape, Robbery, Kidnapping)

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20
Q

Insanity tests

A

M’Naghten: AKU Ability to Know wrongfulness or Understand nature)

Irresistible impulse: control (or conform action to law)

Durham: product (of their mental illness)

ALI/MPC: LACC (Lack capacity to appreciate Criminality or Conform conduct to requirements of law)

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21
Q

Defenses only to specific intent crimes

A

VIUM (Voluntary Intoxication, Unreasonable Mistake)

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22
Q

Justification Defenses

A

SDaN (Self Defense, Necessity)

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23
Q

Exculpatory Defenses

A

SDaN + DUMICE (Duress, reasonable Mistake of fact, Consent, Entrapment)

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24
Q

Transferred intent in tort only available for

A

BAFT (Battery, Assault, False imprisonment, Trespass to land/chattels)

25
Q

Defenses to intentional torts

A

CaPN (Consent, Privilege, Necessity)

26
Q

Duty of landowner to trespasser

A

Warn/make safe CHAK (Concealed, Highly dangerous, Artificial, Known)

27
Q

Duty of landowner to licensee

A

LiCK (Licensee, Concealed, Known)

28
Q

Duty of landowner to invitee

A

ICKOC (Invitee, Concealed, Known Or Could be discovered by reasonable inspection)

29
Q

NIED

A

ZODPiS (Zone Of Danger, Physical Symptoms)

30
Q

Bystander NIED

A

BYC PAS (BYstander, Closely related to victim, Present At Scene)

31
Q

IIED

A

ECIRS (Extreme and outrageous conduct, Intent or Recklessness, Severe emotional distress)

32
Q

Bystander IIED

A

BYCH PAS (Bystander, Closely related or Harm, Present at Scene)

33
Q

Strict Products Liability

A

SLaM DuNK (Strict Liability, Merchant, Defective, Not substantially altered, Know they could use it that way - foreseeable use)

34
Q

Exceptions to warrant requirement

A

CHEAP ASS (Consent, Hot pursuit, Evanescent evidence, Aid in emergency, Plain view, Automobile exception, Search incident to lawful arrest, Stop and frisk)

35
Q

Exception to fruit of poisonous tree doctrine

A

III (Independent source, Intervening act of free will, Inevitable discovery)

36
Q

Statute of Frauds

A

MY LEGS (Marriage, Year, Land, Executorships, Goods over $500, Suretyships)

37
Q

Defenses to contract formation and enforcement

A

U2 M3 SIDI (Unconsicionability, Undue influence, Mistake, Misunderstanding, Misrepresentation, Statute of frauds, Incapacity, Duress, Illegality)

38
Q

Discharge of contractual duties

A

MANI PRIMaL Fucks (Mutual rescission, Accord & satisfaction, Novation, Impossibility, Performance, Release, Impracticability, Modification, Lapse, Frustration of purpose)

39
Q

Factors to look at to determine whether breach is material

A

BAE WatcH takes L’s (Benefit received, Adequacy of compensation for damages to injured party, Extent of part performance, Willful or Negligent behavior of breaching party, Hardship to breaching party, Likelihood that breaching party will perform)

40
Q

Types of compensatory damages

A

EX-RELIC (Expectation, Reliance, Incidental, Consequential)

41
Q

Specific PJ Requirements

A

MC PlAys Fine Records Traditionally Favored (Minimum Contacts = Purposeful Availment + Foreseeability, Relevant to claim, does not offend Traditional notions of Fair play and substantial justice)

42
Q

Waivable defenses

A

3 P’s and a V (Personal jurisdiction, Process, service of Process, Venue)

43
Q

Deadlines

A

She’s 14 with a DDD cup, it’s a TRap (Disclosures after initial conference, Discovery plan, Demand jury trial, Third party complaint, Respond to amended pleadings)

At 21, you might be gifted A CAR (Answer after service of complaint, counterclaim, crossclaim, Conference, Amend pleadings, Reply to answer)

It’s 28 when you’re late in the game and you hate the outcome (Post-trial filings, renewed JMOL, new trial, alter/amend judgment)

At 30, you might discover an appealing change (Discovery: interrogatories, RFPs, RFAs, submit pretrial disclosures, MSJ; appeal, change court: remove/remand)

44
Q

Obscene language

A

PIPS (Prurient Interest, Patently offensive, lack of Serious value)

45
Q

Regulation on limited public forum or nonpublic forum

A

Very Nasty Rat Legs (Viewpoint Neutral, Rationally related to Legitimate govt interest)

46
Q

Public/designated public forums

A

Curly Never Not Trying to Simp for Green Additional Chomps (Content Neutral, Narrowly Tailored to Serve Important Government Interest, Alternative Channels)

47
Q

Privileges AND Immunities Clause of Article IV

A

AND (Anti-Discrimination against NON-residents)

48
Q

Privileges OR Immunities Clause of 14th Am

A

Original residents NOT better than new residents

49
Q

Establishment Clause

A

ESSSSStablisH me daddy (Sect preference Subject to Strict Scrutiny; no sect preference = must comport with Historical practices and faithfully reflect understanding of the OG daddies aka Founding Fathers)

50
Q

Suspect classifications

A

RAN (Race, Alienage, National Origin)

51
Q

Fundamental Rights

A

PRIVS (Privacy, Religion, Interstate travel, Voting, Speech)

52
Q

Evidentiary public policy exclusions

A

SLICk PP (Subsequent remedial measures, Liability Insurance, Civil settlements and settlement negotiations, Plea discussions, Payments and offers to pay medical expenses)

53
Q

Non-propensity purposes for offering evidence of a defendant’s other crimes or misconduct

A

MIMIC (Motive, Intent, Mistake lack, Identity, Common plan or scheme)

54
Q

Juror competency for testimony

A

EX-MAN (Extraneous prejudicial information or outside influence, Mistake on the verdict form, racial ANimus)

55
Q

Impeachment methods allowing extrinsic evidence

A

SCraP that Bitch (Sensory deficiencies, Contradiction, Prior inconsistent statements, Bias)

56
Q

Exclusions from rule against hearsay

A

OoPS a TWaP (Opposing Party Statement, Testifying Witness Prior statement)

57
Q

Exceptions from rule against hearsay requiring declarant unavailability

A

FADS (Former testimony, statement Against interest, Dying declaration in homicide or civil case, Statements of family/personal history or offered against party procuring declarant’s unavailability)

58
Q

Exceptions from rule against hearsay, unavailability immaterial

A

EeP! (Excited utterance, Present sense impression)

SoMe MeD students have ARCh nemeses who RoaR, Learn, and spRead gossip (State of Mind, statements for Medical Diagnosis, Activity Regularly Conducted by business, Recorded Recollection, Learned Treatise, Reputation)

59
Q

Spousal/marital privilege

A

SIC eM (Spousal Immunity in Criminal cases only, Married at time of trial - witness spouse holds privilege)

CMon MAN (Confidential Marital communications, Married when ANnounced - both spouses hold privilege)

MEE Topics (8 decks)

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