Mnemonics Flashcards
Joint tenancy
TTIP (same Time, same Title, identical & equal Interests, right to Possess whole)
If tenant breaches lease but is out of possession
SIR (Surrender, Ignore, Re-let)
Constructive eviction
SING (Substantial Interference, Notice, Goodbye)
Tenant options when implied warranty of habitability is breached
MR3 (Move out & terminate lease, Repair & deduct, Reduce or withhold rent, Remain & pay full rent & seek damages)
Landlord tort liability
No duty to make premises safe except CLAPS (Common areas, Latent defects, Assumption of repairs, Public use rule, Short term lease of furnished dwellings)
Negative easement types
LASS (Light, Air, Support, Stream water from artificial flow)
Types of easements
PING (Prescription, Implication, Necessity, Grant in writing & signed by owner of servient estate)
Requirements for creation of easement by prescription
COAH (Continuous and uninterrupted use, Open and notorious use, Actual use, Hostile use)
Termination of easements
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
Requirements for covenant’s enforceability
Burden: WITHN (Writing, Intent, Touch and concern, Horizontal and vertical privity, Notice)
Benefit: WITV (Writing, Intent, Touch and concern, Vertical Privity)
Requirements for equitable servitude enforceability
WITNES (Writing, Intent, Touch and concern, Notice, Equitable Servitude)
Adverse possession requirements
COAH (Continuous, Open and notorious, Actual and exclusive, Hostile)
Requirements for valid deed
LEAD (Lawfully Executed And Delivered)
& WUII (Writing, Unambiguous description of land, Identification of parties, Intent to transfer)
Present covenants
SCRAE (Seisin, Covenant of Right to convey, Against Encumbrances)
Future covenants
QWA (Quiet enjoyment, Warranty, further Assurances)
RAP applies only to
CREVOOR (Contingent Remainders, Executory interests, Vested remainders subject to Open, Options to purchase, Right of first refusal)
Specific Intent Crimes
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)
General Intent
FIBRK (False Imprisonment, Battery, Rape, Kidnapping)
Dangerous felonies
BARRK (Burglary, Arson, Rape, Robbery, Kidnapping)
Insanity tests
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)
Defenses only to specific intent crimes
VIUM (Voluntary Intoxication, Unreasonable Mistake)
Justification Defenses
SDaN (Self Defense, Necessity)
Exculpatory Defenses
SDaN + DUMICE (Duress, reasonable Mistake of fact, Consent, Entrapment)
Transferred intent in tort only available for
BAFT (Battery, Assault, False imprisonment, Trespass to land/chattels)
Defenses to intentional torts
CaPN (Consent, Privilege, Necessity)
Duty of landowner to trespasser
Warn/make safe CHAK (Concealed, Highly dangerous, Artificial, Known)
Duty of landowner to licensee
LiCK (Licensee, Concealed, Known)
Duty of landowner to invitee
ICKOC (Invitee, Concealed, Known Or Could be discovered by reasonable inspection)
NIED
ZODPiS (Zone Of Danger, Physical Symptoms)
Bystander NIED
BYC PAS (BYstander, Closely related to victim, Present At Scene)
IIED
ECIRS (Extreme and outrageous conduct, Intent or Recklessness, Severe emotional distress)
Bystander IIED
BYCH PAS (Bystander, Closely related or Harm, Present at Scene)
Strict Products Liability
SLaM DuNK (Strict Liability, Merchant, Defective, Not substantially altered, Know they could use it that way - foreseeable use)
Exceptions to warrant requirement
CHEAP ASS (Consent, Hot pursuit, Evanescent evidence, Aid in emergency, Plain view, Automobile exception, Search incident to lawful arrest, Stop and frisk)
Exception to fruit of poisonous tree doctrine
III (Independent source, Intervening act of free will, Inevitable discovery)
Statute of Frauds
MY LEGS (Marriage, Year, Land, Executorships, Goods over $500, Suretyships)
Defenses to contract formation and enforcement
U2 M3 SIDI (Unconsicionability, Undue influence, Mistake, Misunderstanding, Misrepresentation, Statute of frauds, Incapacity, Duress, Illegality)
Discharge of contractual duties
MANI PRIMaL Fucks (Mutual rescission, Accord & satisfaction, Novation, Impossibility, Performance, Release, Impracticability, Modification, Lapse, Frustration of purpose)
Factors to look at to determine whether breach is material
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)
Types of compensatory damages
EX-RELIC (Expectation, Reliance, Incidental, Consequential)
Specific PJ Requirements
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)
Waivable defenses
3 P’s and a V (Personal jurisdiction, Process, service of Process, Venue)
Deadlines
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)
Obscene language
PIPS (Prurient Interest, Patently offensive, lack of Serious value)
Regulation on limited public forum or nonpublic forum
Very Nasty Rat Legs (Viewpoint Neutral, Rationally related to Legitimate govt interest)
Public/designated public forums
Curly Never Not Trying to Simp for Green Additional Chomps (Content Neutral, Narrowly Tailored to Serve Important Government Interest, Alternative Channels)
Privileges AND Immunities Clause of Article IV
AND (Anti-Discrimination against NON-residents)
Privileges OR Immunities Clause of 14th Am
Original residents NOT better than new residents
Establishment Clause
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)
Suspect classifications
RAN (Race, Alienage, National Origin)
Fundamental Rights
PRIVS (Privacy, Religion, Interstate travel, Voting, Speech)
Evidentiary public policy exclusions
SLICk PP (Subsequent remedial measures, Liability Insurance, Civil settlements and settlement negotiations, Plea discussions, Payments and offers to pay medical expenses)
Non-propensity purposes for offering evidence of a defendant’s other crimes or misconduct
MIMIC (Motive, Intent, Mistake lack, Identity, Common plan or scheme)
Juror competency for testimony
EX-MAN (Extraneous prejudicial information or outside influence, Mistake on the verdict form, racial ANimus)
Impeachment methods allowing extrinsic evidence
SCraP that Bitch (Sensory deficiencies, Contradiction, Prior inconsistent statements, Bias)
Exclusions from rule against hearsay
OoPS a TWaP (Opposing Party Statement, Testifying Witness Prior statement)
Exceptions from rule against hearsay requiring declarant unavailability
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)
Exceptions from rule against hearsay, unavailability immaterial
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)
Spousal/marital privilege
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)
