Mnemonics Flashcards
Civ Pro Minimum Contacts
My Professors Frequently Reminded Everyone From California to Study in Overdrive
Minimum contacts
Purposeful availment of the benefits and protections of the state
Foreseeability of being haled into court
Relatedness between contact and claim
Essentially at home
Fairness factors
Convenience
State’s interest
Other interests
Wills Common Law Undue Influence
SOUP
testator is Susceptible to influence
beneficiaries had Opportunity to influence
the testator left an Unnatural disposition of his property
the beneficiaries were active in Procuring this disposition
Wills California Statutory Undue Influence
Every Powerful CAR Operates From Inside VIA An Ignitiion
Excessive Persuasion
that Causes another person to Act or Refrain from acting
By Overcoming that person’s Free will and
results in Inequity
proven by circumstantial evidence as to
Vulnerability, Influencer’s Authorty and Actions of Influencer
Trusts Types of Trusts
Every Time Pubs Shout Stupidly Somebody Says Don’t Cry Hair Transplants Really Cheap
Express
Testamentary
Pour Over
Secret
Semi Secret
Spendthrift
Support
Discretionary
Charitable
Honorary
Totten
Resulting
Constructive
Duties of the Trustee
AND I DID SLIDE
Account
Not
Delegate trustee duties
be Impartial
use Due care and act as a reasonably prudent person
including Investigate and Diversify investments
Segregate and earmark trust funds
duty of Loyalty is owed
prudently Invest
Defend actions and Enforce claims
Community Property - Reimbursements
DIP
Down payments
Improvements
Principal
Business Associations Articles of Incorporation
I SCAN
Initial agents name for the corporation
Street address for corporations initial registered office
Corporations name
Authorized number of shares (max allowed)
Name and address of each incorporater
Corporations Agency Termination
BLO CHU
Breach
Lapse of a stated period
Operation of law
Changed circumstances
Happening of a specific event
Unilateral termination: at will with notice
Prof Resp Duty of Confidentiality
Cats And Dogs Can Cuddle and Dream
client gives informed Consent
disclosure is impliedly Authorized to represent the client
the lawyer reasonably believes the disclosure is necessary to prevent reasonably certain Death or substantial bodily harm
to prevent the client from committing a Crime or Fraud or to mitigate or rectify a crime or fraud committed by the client that has resulted or is reasonably certain to result in substantial injury to the financial interests or property of another and the client is or has used the lawyers services to do so
to Comply with a court order, ethics rule or statute
to secure legal Advice about the lawyer’s compliance with ethics or rules
to establish a claim or Defense on behalf of the lawyer in a controversy between the lawyer or client or in defense of the conduct the client was involved in with the lawyer’s services
Prof Resp California Duty of confidentiality
Dog Cat Dream
Types of Easements
PINE
1. Easement by prescription (analogous to AP): Actual (no exclusivity requirement), open and notorious, adverse,
continuous use for statutory period. Public may gain easement in private land via public use
2. Easement by implication: Division of a single tract, where open & continuous use of servient part exists prior to
division, which is reasonably necessary to enjoy dominant part, and parties intend to continue use after division
3. Easement by necessity: Division of portion of land (e.g., by selling) + absolute necessity of access created by
division (e.g., public road or utility line). Owner of servient portion may choose location of easement
4. Express easement by grant: Agreement in writing signed by grantor. A grant of easement must comply with
deed formalities (see § III-f). Presumed to be of perpetual duration unless grant limits the interest
Termination of Easement
END CRAMPS
1. Estoppel: Servient owner justifiably relies on easement owner’s conduct or assurance that easement will no longer be enforced + materially changes position in reliance
2. Necessity ends (for easement by necessity)
3. Destruction of a structure on servient land involuntarily (willful destruction does not extinguish easement)
4. Condemnation (gov’t taking) of the servient land extinguishes all easements
5. Release by written deed of release from easement holder to servient landowner
6. Abandonment: Affirmative act or words showing intent for permanent non-use (building makes use impossible)
7. Merger of the dominant and servient estates when owned by the same person as the same type of estate
8. Prescription (reverse AP): Servient owner’s continuous interruption of use for the prescriptive period
9. Stated conditions: Original easement grant may specify conditions for terminating the easement
Attractive Nuisance
