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Shorthand Bar Prep > Mnemonics > Flashcards

Mnemonics Flashcards

1
Q

Justiciability

A

BAD to decide advisory opinion
or political questions

not Binding; no Actual Dispute

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2
Q

3 Types of Class Actions

A

Im going to put the PEDal to the metal when I want to f*** ∆, because I’m going to use a class action.

Prejudice

Equity

Damages

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3
Q

Executive Powers

A

Veto Executive TRUMP

  • *Veto**
  • *Exeuctive** Agreements
  • *T**reaties - with 2/3 Senate approval; exit unilaterally
  • *R**elations with Foreign Gov/Pick Diplomats - Senate can advise/withhold consent. House doesn’t.
  • *U** pick Cabinet - Senate Maj
  • *M**ilitary - CinChief
  • *P**ardon Federal Offenses - blanket ok not if House/Senate impeached
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4
Q

Marriage Reqs

A

CLAN; marriage is the start of a clan

Ceremony

License

Ability

Not brother or bigamy

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5
Q

12b6

A

PAPER unless Fraud/Mistake - then heightened particularity

Pleading Allegations not Plausible that π Entitled 2 Relief

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6
Q

Prox Cause

A

NPC. Indirect Cause - Foresee.

SuperSede when CIA. Unless crimes 1) AntiP by ∆ 2) ∆ con -> crime ML.

Crimes

Intentional Torts

Acts of God

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7
Q

Original Jx

A

CAMPS

Consul

Ambassadors

Public Ministers

State is party

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8
Q

Materiality of Breach

A

ABCCD

Alot of harm

Bad faith

Cure possible

Compensation possible

Deprivation of benefit

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9
Q

Excluded Cases - even if DivJx

A

D CAP

Divorce

Child Custody

Alimony

Probate

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10
Q

Incitement

A

Its Likely and Intended I will go to LA

____

Likely + Intended Imminent Lawless Action

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11
Q

Inspection of Books and Records by SH

A

Proper Purpose re SH rights. 5 days written notice.

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12
Q

UCC Exceptions to SOF

A

CAMO

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13
Q

PER Exceptions

A

A EM2C4 Ambiguous Terms Est Formation Defenses Merger (Part Integration) Modification Correct Clerical Error Consideration not paid Condition Precedent Custom - UCC

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14
Q

AoC can eliminate personal liability for directors unless?

A

IM not going to waive a DUI. Intentional Misconduct Distributions unlawful approval Usurp corp opp Improper Personal Benefit

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15
Q

DoC/BJR

A

P BD V if I Go Really Hard, B*** Presumption Business Decision Valid if informed GF RPP BIOCorp

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16
Q

Work Product

A

G in A of L

Abs: O C*** (you’re abs not touching my c***)
Qual: Written + SNUH

Conclusion, Impressions, Legal Theories

Sub Need + Undue Hardship

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17
Q

Takings Analysis

A

RIP, government Took Jlo’s Cabin for Public Use.

Gov must show Rough Proportionality of LGI to take her cabin.

Real or Intangible Property

gov taking - Physical or Regulatory

Just Compensation

Public Use

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18
Q

Derivative Suit

A

SAD for 90 days of writing derivatives. Standing Adequacy: rep interests of corp Demand - written. Wait 90 days b4 filing suit unless futile (ex: ∆s = present Ds)

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19
Q

Direct Suit Examples

A

PROD Preemptive Rights Oppression in Close Corp Distributions

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20
Q

Removal

A

2∆s Just Serve & Eat π Div 30

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21
Q

Factors for Formation Analysis

A
  1. ProfS: presume p’ship - unless WIRD 2. Right2Cntrl
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22
Q

Est Clause Tests

A

Don’t want gov Coercing LENT.

Coercion Test

Lemon = PP, PE, EE

  • *E**ndorsement Test
  • *N**eutrality
  • *T**radition and History Test
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23
Q

Groups that get RBT

A

EE + A(fig)

g = PIG + JIPP

—-

Everyone Else

Alienage (Fed, Illegal, Government purpose of state)

g = Participation in Gov + Job w/ Important Public policy

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24
Q

Congressional Taxes Upheld if

A

RRR or ARA

Reasonable Relation to Revenue production or

Authority to Regulate Activity

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25
Q

Promoters and Liability of Corp for K prior to Incorp

A

Generally no unless E or I Adoption. E = OA + KMF I = AB. C/Acq by Pw/A + KMF Promoter = lib unless 1) Novation or 3) ASS that P not bound.

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26
Q

Groups that Get SS

A

Fund, NORA(s)

Fundamental Rights

National Original

Race

Alienage(state only)

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27
Q

Constructive Eviction

A

SING
Dido, “… for renting me the worst place ee of my life”

Sub Interference
Notice
Goodbye

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28
Q

Mootness

A

Pending case in court can lose its justiciability and become moot. Usually, a case or controversy must exist throughout all stages of federal judicial proceedings, and not just when the lawsuit is filed or when review is granted by an appellate court.

Exceptions: RAT

Restart easily

Action of class

Time-limited injury (pregnancy)

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29
Q

Indispensable Party Analysis

A
  • *Should**, Can, If not, Proceed?
    1. S - MO NO NO
    2. C - PJ + SMJ
    3. If not, should the show go on? Court better decided ASAP.

Another court can hear if let go

Shape relief to protect As interests (all or nothing?)

Adequate judgment w/o A

Prejudice to A or πs if ct decides

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30
Q

Standards of Review by Ct of Appeals

A

Law- DeNo
BTF - CE
Discretion - Discretion (Abuse of)
JTF - Affirm, unless unreasonable
No reversal req’d if harmless error.

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31
Q

Merchant Firm Offer

A

1M. SW w/ HOE 3max. If no Time, RT.

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32
Q

JTs - Termination

A

Unilaterally Give Away Signed Football MITTS
+ murder of co-JT

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33
Q

Between K and Closing - think about:

A

PEC

Promise Against False Fact

Equitable Conversion

Covenant of Marketability

NO - IWH. Caveat Emptor. Except - builder of NC - workmanlike construct

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34
Q

Actual Malice

A

KF or RD4T

need CCE

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35
Q

Slander Per Se

A

LUMP

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36
Q

Ways to Revoke K

A

Oh Man F U

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37
Q

Free Exercise Clause

A

Gov taking away FE.
1. GLNA?
If no, strike unless survive SS.
If yes, RBT.
2. Was religion?
Sin, not T

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38
Q

T breaches not in possession

A

SIR, you f****ing left?

Surrender
Ignore (min)
Re-let (maj)

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39
Q

Recapture of Chattel

A

PA + RF + no DF

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40
Q

Creation of Periodic Tenancy

A

“and this is how we create periodic tenancy, e i e i o…”

E I O

O = O in violation of SoF

Express, Implied, Operation of Law
O = Oral in violation of SoF

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41
Q

Ex Post Facto

A

Criminal law alternation in EPF

Extremely Prejudicial Fashion

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42
Q

Fighting Words

A

VILe behavior

Violence Immediately Likely

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43
Q

Neg Per Se

A

VoS

CoP

CoH

Violation of S = PC

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44
Q

Appraisal Rights for?

A

If PAM C dissents, she gets appraisal rights Preemptive, redemptive or other share of ownership rights affected Asset sale > 75% Merger or consolidation Cumulative Voting rights affected

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45
Q

Erie.- Substantive Law

A

CRATES

Choice of Law
Rem/Add
Tolling of SoL
Elements of claim
SoL

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46
Q

Just Compensation

A

FMV @ time of taking (benefit to gov irrelevant)

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47
Q

Promissory Estoppel

A

I wear PJs 1. IA by E 2. PC&D 3. JFR

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48
Q

Appellate Jx

A

Writ of Cert:
state - Final High school no IQ
fed - all cases

Appeal:
3PJ for IR

Final judgment from state ct

Highest state ct judgment

no IASG

no Question federal

3 Judge Panel for Injunctive Relief

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49
Q

5 ways to perfect

A
  1. AP: PMSI in CG
  2. P
  3. C (only way to perfect deposit acct & money)
  4. NoLoCoT
  5. UCC1
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50
Q

Fund Rights

A

CAMPERS

Contraception
Abortion
Marriage
Procreation
Education, right to decide how child educated
Relations w/ family
Sexual contact

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51
Q

11A and State Sovereign Immunity

A

You can’t sue STATE unless you bribe it with Sweet Warm π 3.14 but you can sue
STATE OFFICERS w/ ED or

LOCAL for anything.

——-

State Waives

π = State/Fed

3 = B = Bankruptcy

14A - Congress abrogates when passing law under 14A

  • *E**njoin future conduct that violates Constitution or fed law
  • *D**amage against officer personally
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52
Q

De Facto Corp

A

(De) Facto Corp

(1) Relevant incorporation statute - auto true in every state.
(2) Faith (good) attempt to comply w/ statute
(3) Corporate Privileges exercised

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53
Q

Serve Process on Corp?

A

Officer, MAGA
or SLM - 1) where fed ct sits or 2) where SoP

Officer, General Agent, Managing or Any other Agent Appointed.

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54
Q

Defenses to Defamation

A

Abs: ELH CB BS Qualified: PER; R = RAP Public Interest/Hearing Employer Ref Call Reputation, Action, Property

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55
Q

Raise which defenses or else waived

A

Since ∆ is not a VIP, he must bring these defenses or he waives

Venue

Improper P or SoP

PJ

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56
Q

Lease in Secured Credit Question - what does ct look @?

A

economic realities of the transaction.

Commitment to make payments for a term

lease is equal to or greater than remaining econ life of the goods

renew the lease for the remaining econ life

option to renew @ end for no additional consideration

option to become owner @ end for no new consideration

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57
Q

Unprotected Speech

A

OF CACTI, because cacti are prickly, so gov wont touch

Obscenity

Fighting Words

Commerical Speech - FMI

Actual Malice Defamation

Child Porn

True Threats

Incitement

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58
Q

Bs Revocation of Acceptance

A

Generally not going to, but now I going to revoke an offer to bang, because my v now rubbed raw 1. Value sub impair 2. No sub change by B in condition 3. RB that NonConform cured or D2D or bc Seller Assure 4. RT after discover or should have discovered - revoke

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59
Q

SH Voting

A

Who? RO on RD unless D or VP. or VA.

  1. Q
    2a. Elect D: plurality
    2b. Remove D: maj entitled
    2c. Fund Corp Change: maj entitled
    2d. Other: maj vote

1 OutS = 1 Vote (class irrelevant); no Vote for TreasureS

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60
Q

Self Help/Breach of Peace

A

PLV

Physical Violence Likely

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61
Q

Strict Products Liability

A

A PDF

Defenses: MA

(no) Alteration after left hands of ∆

Proper π (no privity req’d) + proper ∆ (commercial seller)

Defective when left hands of ∆

Foreseeable use or misuse

M = Misuse unreasonable

A = Assume risk - K + V

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62
Q

SoP on Foreigner

A

IT LAMA

Int Treat

Law of Foreign

Ask Foreign

Mail by clerk

Any other method not prohibited (If A - where Reasonably gives Notice)

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63
Q

How many peremptory challenges do you get?

A

3 per side.

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64
Q

Obscenity

A

PP SLAP
Possession @ home can’t be banned.
If not O, can be Zoned if ACC (protect kids, prevent crime)

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65
Q

Procedural Due Process

A

I GoLF

Intentional

Government taking

Of

Life, lib, prop w/o

Fair process

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66
Q

Interrogatories

A

25, 26, 30+3 Reasonably Party Contending Business Trial

  • *25**: max, including subparts
  • *26**: only after 26(f) conference
  • *30** + 3: how long in days to respond (+3 for mail)
  • *Reasonably** Avaliable to you, can’t say don’t know
  • *Parties** only
  • *Contention** interrogatories ok
  • *Business** records - burden same to both - can give to other party
  • *Trial** - can’t use own answer to interoggs
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67
Q

1 Person 1 Vote

A

PERIoD TPop. Except: SPEAL

Cong: Exact Math
State: < 16%ish. Dev RR to LGI

Popular Election Representatives of Individual Districts. Total Pop, not just voters

  1. Special Purpose Election, 2. At Large
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68
Q

Test in Traditional/Designated Public Forums

A

CB: SS
CN (TPM): CNN I ACC

CNN is so horrible, when i hear ‘CNN, I ACC’ (throw up).

Content Neutral Narrowly Tailored IGI Alternate Comm Channel

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69
Q

What is a taking?

A

Regulatory v Physical

Regulatory: FLAME(u) or ICE

Phys: RODE
I physically RODE my bike

FLAME: Fully Lose Ability Make Economic (u) OR

ICE: Impact on $$ use of land

  • *C**har gov action
  • *E**xpectation of Investment-Backed Interference

RODE: Regular Occupation unless Development (utility easement) or Emergency

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70
Q

New Trial Standard

A

WoE

Woeee, you want a New Trial?!

Weight of Evidence

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71
Q

Comm Clause

A

CIA

A: Econ - RBT that SIA
Non Econ - Congress FF of SubE on IC

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72
Q

Prenup Requirements

A

Don’t F***With Virigin Spouse

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73
Q

RJMOL Standard

A

no RJ could SERV

Party fully heard on issue during JT.
No Reasonable Jury could find Substantial Evidence in Record for Verdict.

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74
Q

Substituted Service

A

SAL, my live-in bulter can be served process for me

Suitable age

Abode (summer home fine)

Lives there

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75
Q

SuppJx Discretionary Factors

A

I’m going to SEND this back to state ct because I don’t want to exercise SuppJx

State law predominates

Exceptional cir

Novel/complex issue of state law

Dismissed all other w/ OG jx

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76
Q

License Revocable Unless

A

ICE

Interest Coupled, Estoppel

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77
Q

PER

A

LWTEW

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78
Q

When can a SH seek judicial dissolution of a corp?

A

the SH want to BOW out of the corp when:

BoD vacancy not filled @ consecutive SH mtgs

Oppressive Ds

Waste

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79
Q

Defenses to Equitable Servitudes

A

Now, im going to LUBE you up because youre not going to like it when i sue to enforce this ES.

Neighborhood sig change

Laches

Unclean Hands

Benefitted party said ok

Estoppel

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80
Q

Dissociation

81
Q

Common Development Scheme

A

CS + Notice
Defense: ∆ in conditions

82
Q

Types of Collateral

A

FICE; Look @ use by ∆

Farm Equipment

Inventory

Consumer Goods

Equipment

83
Q

Public Property Speech Zones

A

Talk Dirty Like Nicki

T - TI (time immemorial)
D - PT (Particular Time)
L - PP (Particular Purpose)
N - NO (No Speech)

84
Q

Standing Requirements

A

IRC

I = CPH unless CEstS or OT

Concrete or Particularized Harm

Congressional Spending re Est Clause

Own Taxes

85
Q

3rdP Standing

A

Can Stand For Others

C: BUR
S: AARC
F: SubO + notComm
O: BIRD

____

Close Relationship - Both harmed, Unlikely/unable to sue, Rep adequate

Seller of Goods: Adversely Affects Rights of Customers

Free Speech Overbreadth unless 1. comm speech 2. SubO

Organization: Both harmed, Injury Related, Damages not individual

86
Q

General Warranties

A

P - SRA
F - QWF

87
Q

Subject to Mortgage

A

Subject to = S only liable

88
Q

Modification in Ks

A

CL: PED unless EFU, to 3rdP, HD UCC: GF (HinF + ROCS)

89
Q

Types of Interlocutory Appeals

A

I C 14 MICE

(think: my decision to buy house isn’t final if I C 14 MICE)

Injunction

Class action cert - 14 days

Multiple claims/parties

Interlocutory Appeals Act

Collateral Order Doctrine

Extraordinary Writ (mandamus or Prohibition) - get judge to do something (mandamus) or not do something (prohibition)

90
Q

Written Security Agreement Reqs

A

IRA

Intent to give SI
Reasonable ID of collateral
Authentication by D

91
Q

FNC

A

Diff Judicial System. no T, DoS

no transfer, dismiss or stay.

92
Q

Vic Lib

A

SEMI for I - BAN

Scope of Employment

Employee

Minor Detour, not Frolic

Intentional Torts - only if Benefit, Authorized, Nature of relationship

93
Q

How is process served on individual?

A

PS
SS
SoA
SLM
Mail - requesting waiver (copy of complaint + 2 copies of the waiver form)

94
Q

Proxy Voting

A

11 REIndeer Went 2 SAW VET (as proxy for Santa’s elves). 11 months valid Revocable unless Expressly Stated or Interest Coupled Writing - no oral. 2+Ps - Last Win Verified Electronic Transmission Signed Appointment Writing (Form)

95
Q

Speech Definition

A

SEW

Symbols

Expressive Conduct

Words

96
Q

Courts Certification of Class Action

A

The judge is the DAD of a class action cert.

  • *D**efine the class, issues, claims, defenses
  • *A**ppoint class counsel.
  • *Di**scretionary with court
97
Q

Actual Authority

A

E or I. Based on A’s belief from Ps reps. I = C2ANE: Cust, Con, Acq, Nec, or Eme. Terminates: DIRT, ∆Cir Death, Incapacity, Reasonable Time

98
Q

NIED

A

FR, ZoD, PD (unless FDR, CR, MC)

99
Q

Impracticability

A

ImpRACTcAbility RA by no Ps Cir U Too much $$ + not AntiP by Ps

100
Q

Duty of L to T

A

CLAPS

Common Area

Latent Defect - Warn

Assume repair

Public use

Short Term Lease

101
Q

Mutual Mistake

A

Voiable if BAM no AssR Basic Assumption Material Effect no Assumption of Risk

102
Q

Novation

A
  1. C2D AND 2. Release OG from Lib
103
Q

PCV

A

API + FRP Show: ABCCDEF Alter Ego Bad faith use of corp form Commingling Create to perpetrate fraud Deception of Creditors Enter business undercapitalized Fail to Follow Formalities

104
Q

Failure of Condition

A

CF, No2P. Thus, NB. But condition excused if 1. PP F2C or 2. Waiver

105
Q

When Dissociation Wrongful

A

BEPA Term P: WEB

106
Q

Land Sale K

A

see excel.

Consideration

Signed by P2BC

Description of Land

Writing

107
Q

Notice Pleading Requirements

A

Shit, Say Demand

  1. SMJ
  2. SPSC
  3. D4R

unless Fraud/Mistake

108
Q

Lawsuit by SH v Corp

A

SH file to show IF WOUld harm SHs or Corp. Illegal, Fraud, Wilfully Oppressive or Unfair

109
Q

Types of Intangible Goods

A

ABCCDIIG

Accounts
(Business) Deposit Accounts
Chattel Paper
Commerical Tort Claims
Documents
Instruments
Investment Accounts
General Intangibles

110
Q

MCM

A

BM. RTAOA. W Suff under SOF. BindS. If R2K + no obj in 10 days - BindM2.

111
Q

10A

A

PNG2US or PBS are R2SoP

Includes general police power; no commandeering by fed gov

Powers Not Granted 2 US or Prohibited by States are Reserved for the States or the People.

112
Q

Liquidated Damages

A

HAD Really Frosty Cold Drink Because Drinks are Liquid

113
Q

Valid Deed

A

see excel (not approp)

Intend

Signed by G

Grantor/Grantee. Grant can fill in.

Description of Land.

Writing.

114
Q

Anti Repudiation Remedies

A

This IS WUT I will do if you repudiate. Imm Sue Wait until perform due Urge Performance Treat as discharged

115
Q

Default Judgment

A

Clerk enter if - no RIM + Certain Sum

Otherwise, need Judge. Notice by Judge unless no R. Notice = 7 days

no Reponse @ all

Incompetent

Minor

Certain Sum

116
Q

Psychologist - Duty

A

FIBS

F2W

Identifiable Victim

Believe Real Risk

Serious Physical Violence

117
Q

Private SOF

118
Q

Radio and TV vs Newspapers

A 
Newspaper = SS 
Radio/TV = IS
119
Q

Articles of Incorp Reqs

A

PAINS (PC) Purpose Agent + street address of registered office Incorporator Name of Corp + magic words (Corp, Company, incorp, LLC) Shares Authorized Optional: Preemptive Rights Cumulative voting

120
Q

Attachment

A

Very Round Ass

Value given by SP

Rights in the collateral by D

(Security) Agreement (oral, pledge; written - SA)

121
Q

Consequential Damages

A

FAK - M Only B under UCC

122
Q

Property Violation - PDP

A

LCEB

Legit Claim or Entitlement to Benefit

123
Q

EPC - Proving Discrim Classifications

A
  1. FD
  2. DAFNL
  3. DIDI

Facially Discrim
Discrim App of Facially Neutral Law
Disparate Impact + Discrim Intent

124
Q

DoL

A

if gF + BIOCorp BoP on ∆. Dont be C*** Conflicted Interest Transaction Usurp Corp Opp No competition Trading insider info

125
Q

True Threats

A

I or R Threat SBH

126
Q

Consideration

127
Q

Defenses to Libability for DoL

A

Its not a FAD to want no liablity as a director Fair @ time entered into Approval by Disinterested Directors or SHs

128
Q

Groups that Get IS

A

IG

illegit

gender

129
Q

PTR

A

PTR = deliver PG @ PT. Unless 1. install K = SubPerform 3. S RB Acceptable based on past. If not PTR, AA, RA, AP

130
Q

Types of Tenancies

A

YPWS

Years, Periodic, @ Will, Sufferance

131
Q

Dismissal w/o Prejudice for Preclusion issues

A

Because coach w/o prejudice, Sally Plays Junior Volleyball

Specified in order
Party indispensable under R19
Jx improper
Venue improper

132
Q

Implied Warranty of Habitability - Res only

A

MR3, this place sucks.

Move
Repair
Reduce (escrow for GF)
Remain

133
Q

Con Law - State Action

A

TFP or SSI

Traditional Public Function or

State Significantly Involved

134
Q

Corp Opp Types

A

For the LIFE of me, I can’t figure out why you won’t just present this opp to the BoD first Line of business Interest Found on co time/resources Expectancy

135
Q

Compelling Government Interests

A

RED.

Remedy Past Discrim in place

Emergency/war

Diversity in higher ed

136
Q

Class Action Reqs

A

Nasty City RAT

Can collaterally challenge AR, not T

137
Q

Actions Requiring SH Amendment

A

A DAMN SALAD

AMEND AoC that changes quorum, max/super majority, preemptive or culumative voting rights and or corporate purpose

DISSOLUTION (voluntary)

ASSET sale, lease or exchange (>75% of assets)

MERGER or consolidation

NAME change

SURETY interests in debt not acquired for corporate purposes

change of AGENT for service of process

change of LOCATION of corporate office

ABOLISHING or limiting directors’ liability for negligence

DIRECTOR loans

138
Q

Bill of Attainder

A

State and Fed. Bill, don’t give me LIP.

Legislative Individual Punishment w/o judicial trial.

139
Q

Test Limited/NonPublic Forums

A

Reasonable unless VBP. Then use SS.

140
Q

Adequate Assurances

A

Wine, Root Beer, SODA, Red Tea 1. Writing 2. RB no P 3. SODA P until receive AA 4. RT - response. < 30 days under UCC. Fact Q.

141
Q

Standing General Rule

A

CS in OoL

Concrete Stake in Outcome of Litigation

142
Q

Dismissal w/ Prejudice

A

VFJ on M. No relitigation.

SID. Because SID is a bad kid in Toy Story.

Settlement, Invol Dismiss

143
Q

Expressive Conduct

A

Expressive Conduct is done on FaceBook or In Real Life

FB or IRL(2c)

Flag Burning

Intended + Reasonably Likely to convey

144
Q

Conflicted Interest Transaction

A

KAM. Not conflicted about how I feel about KAM. D has Knowledge Approves Material Financial Benefit

145
Q

Accord/Satisfaction

A

NAPA under C for AltP. CR. NO Discharge, SODA. Until S, lib under O and A.

146
Q

Shopkeepers’ Privilege

147
Q

Fraud

A

FRAUD False Statement (mis)Representation Actually intended for π to rely Understandable Reliance by π Damages

148
Q

Process Required - DPD

A

PSI vs. FAGE

Need FUD

Can waive if K + V

Procedural Safeguard & Interest versus

Fiscal Administrative Gov Efficiency

Fair process + Unbiased Decisionmaker

149
Q

Equitable v Statutory Redemption

A

switch @ date of Foreclosure sale. FSP.

150
Q

Duress

A

Ass induced by IT leave NRA. (snowden)

151
Q

Service of Process must be done in how many days? Unless? What must court do if not?

A

90 days of filing the complaint, unless π shows good cause. Court must either 1) dismiss w/o prejudice or 2) order that service be made w/in specific time.

152
Q

Indirect Taxes ok if:

A

GUST

I indirectly am blown over by GUSTs.

Geo Uniform in States There

153
Q

Assumed Mortgage

A

assUME
U and ME both liable

154
Q

Appraisal Process

A

Process: ONO, What Delicate Skates!

If Corp doesn’t like how you use them, must file suit to determine Fair Value!

  1. File Objection to transfer b4 or @ SH meeting where vote will take place
  2. Not vote for plan
  3. Send corp written demand for FV of shares
  4. Deposit shares w/ corp as directed
  5. If Corp doesn’t want to pay SH demand, corp must fil suit to have ct determine FV
155
Q

SoF

A

SIKE SW by P2BC Identifies subject matter indication that K made EssT (CL = MT; UCC = Q)

156
Q

Attractive Nuisance

157
Q

Congress’s 14 5 Power

A

in 1905, einstein Enabled science by New Expansion/Creation of Relativity. E = mc2 was Congruent/Proportional to his knowledge of History. Enabling Clause to enforce 14A. No expansion or creation of new rights. Only to remedy violations cts make explicit. Congruent and proportional.

158
Q

PJ Analysis

A

Write: Power over Parties.

Fed ct can exercise to the same extent as the State courts where the fed dist ct is located.

The state statute must authorize PJ + must comport with the constitutional requirements of due process. When states Long Arm statute = full extent of Con, analysis mergers. Thus we ask: does ∆ have such min contacts w/ the forum so as not to offend the traditional notions of fair play and sub justice?

Relatedness? Gen v Specific Jx. Specific = arises from ∆s contacts w/ state. Must be connection between FS and underlying controversy.

Contact? PA + Foreseeability

Fairness? State, πs interest, ∆s interest. Burden on ∆.

159
Q

Duty

160
Q

If a tenant unjustifiably abandons property, the landlord can:

A

SIR.

Surrender - Ts liability determined based on whether L accepted Ts surrender. Surrender has to satisfy SoF. If not found, T remains liable (Rent - Fair Rental Value). If yes, no liability.

___

Ignore

Relet

161
Q

Public School Speech

A

Student: NO unless SubD or DU
School: Yes if RR to ATI. Include CirruS.

ATI = actual teaching interest

CIrruS = cirrcular activity of school

162
Q

Possible Defects of Marketable Title

A

FAZE.

  1. Future interests w/o agreement
  2. Adverse Possession, unquieted
  3. Zoning ord violation
  4. Encumberances (servititudes, mortgages)
163
Q

Will Formation

A

These Idiots Will Score, 2+ 18

  1. Testamentary Intent
  2. Written
  3. Signed by T (liberal definition)
  4. 2+ Ws of T’s signing (or T’s acknowledgement of previous signature or will)
  5. 18+
164
Q

Incorporation by Reference

A

If I DIE, I want my referenced document incorporated in the will

  1. Describe writing sufficiently in will to permit its identification AND
  2. Intent by T to incorporate the writing
  3. Existence at time will was executed
165
Q

Mental (Testamentary) Capacity

A

Contestant is trying to DIPP into Ts stuff by invalidating will

  1. Disposition: Disposition being made in will
  2. Instrument: Nature of the instrument that T is signing
  3. Property: Nature and extent of her property
  4. People: Persons who are natural objects of Ts bounty (family members)
166
Q

Undue Influence

A

Final OPUS to take Ts shit.

  1. Opportunity to exert UI
  2. Participation by wrongdoer in drafting of the will
  3. Unnatural Result
  4. Susceptibility of T to UI (physical, mental, or financial)
167
Q

Revival of Will

A

CL: earlier will automatically revived if subsequent revoked

Modern: PIE, because PIE revives your blood sugar. OR republication/reexecution.

UPC: partial revocation by subseqent instrument –> auto revival unless T did not intend revival.

Physical Act Revocation of W2

Intent to revive

Existence of W1 still

168
Q

Proceeds - Definition

A

CIRCA

Collected/distributed on account of collateral

Insurance payable by loss of collateral

Claims arising from loss/nonconformity/defect/interference w/ collateral

Rights from the collateral

Acquired on sale, lease or other disposition of collateral

169
Q

S’s delivery obligations in a Shipment K

A

CAN

(1) Common Carrier
(2) Arrangements for delivery
(3) Notification to Buyer

170
Q

Pruduent Investor Rule

A

ABCDE

  1. Act as a reasonably prudent investor
  2. Balance return with Potential Risk
  3. Commingling not allowed
  4. Diversify investments
  5. Earn reasonable rate of return (keep trust productive)
171
Q

Spendthrift Trust Execeptions

A

JANS2

Creditor cannot reach a B’s spendthrift trust interest except

  1. Judgment creditor who provided services for the protection of Bs interest in the trust
  2. Alimony or child support
  3. Necessities-provider (in some states only)
  4. State or fed gov claim (federal tax lien) OR
  5. Settlor = Beneficiary. (where S retains an interest - revocable trust)
172
Q

No REP

A

POV B’GOSH

(1) Paint on car
(2) Open Fields
(3) Visible from public airspace
(4) Bank account records
(5) Garbage at curb
(6) Odor from property
(7) Sound of voice
(8) Handwriting

173
Q

Double Jep Exceptions

A

You have to be SHARP to play jeopardy

(1) Separate trials for charges requested by ∆
(2) Hung jury
(3) Appeal successful by ∆- based on weight rather than sufficiency of evidence
(4) Requests by ∆ to end or necessity to end (not on merits) (ex: medical emergency in trial)
(5) Plea Bargain Breach

174
Q

6A - Confrontation Clause

A

TUNE

(1) Testimonial evidence
GIT: gather info
NTOE: used to help police in ongoing emergency

(2) Unavailable
(3) No opportunity for cross

=
(4) Exclude evidence

175
Q

No leading Qs on direct unless W is

A

HAIRY

(1) Hostile
(2) Adverse Party or Identified with AP
(3) Introductory
(4) Recall - unable to
(5) Young

176
Q

Collateral Order Doctrine

A

COD = COD

  1. Collateral to the merits
  2. Other (trial) ct has conclusively determined
  3. Dat thing is pretty much unreviewable on appeal
177
Q

What is the best defense to a strict lib tort claim?

A

Ass of Risk (Unreasonable or reasonable + K + Vol)

178
Q

What factors will a court consider when determining if something is an abnormally dangerous activity?

A

High degree of risk

Risk of serious harm

Inability to eliminate risk, even with due care

Common usage and

Remoteness (appropriateness of location where activity conducted)

179
Q

Under FRCP, can a judge poll jurors individually after a verdict is returned but before the jury is discharged, on its own?

If there is a lack of unanimity among all or # of jurors parties stipulated to needed for verdict, can the court grant a new trial on its own?

A

Yes. FRCP 48.

Yep. OR it can make the jury deliberate further.

180
Q

P sues Bar for accident caused by its drunk patron.

W to testify that on night of accident, patron was really drunk.

Then to testify that he said on that night to his friend “he was so drunk, he couldn’t even stand up.”

Admissible as a PCS?

A

NO! No bolstering. W credibility must be attacked before he can bolster.

This would be admissible as a PSI.

181
Q

Can a person consent to defamation? Is this an absolute defense?

A

Yep. and Yep.

You can ‘invite’ the defamation. For example, if professor denied tenure and asks org to represent him on the action to reinstate. The university could reasonably assume that professor allowed the publication of the statement because he was the one that initiated the action.

182
Q

Does the court of appeals have unfettered discretion in deciding whether to hear an appeal granting or denying class action certification?

If the CoA agrees to hear, are the proceedings at the district ct stayed?

A

Yep.

Nope.

183
Q

Does the Speech and Debate Clause immunity extend to legislative aids who engage in acts that would be immune if performed by the legislator?

184
Q

What does the Speech and Debate Clause protect legislators from?

A

Civil or criminal suits related to their legislative actions and from grand jury investigations related to those actions.

185
Q

Commission created to 5-member Commission to:

  1. investigate automobile safety
  2. make recommendations to Congress for new laws
  3. make further rules est safety and performance standards
  4. prosecute violations of the act.

Congress appoints 2 of the members.

Car manufacturer wants to enjoin enforcement of the Commission’s rules. What should the court do?

A

allow the commission to continue investigating auto safety and making recs to Congress because Congress can appoint its own officers to carry out internal legislative tasks. Congress has broad investigatory power.

Note: the Commission can’t prosecute because Congress can’t appoint members of a body with administrative or enforcement powers.

186
Q

Is Congress’s taxing power plenary?

A

Yep. RRR and ARA.

Reasonably related to revenue or Authority to regulate activity.

187
Q

Spending - Strings Rule

A

Congress can put strings on $$ to RR, if there is a CLUE why

Reasonably Related,

Congress can Legislate

(no) Undue coercion

Expressly Stated

188
Q

Expert W can state opinion when:

A

RREPOS

Relevant + Reliable

Expert Qualification

Probability reasonable re opinion

Opinion Supported by fact basis

189
Q

6A - IAC Test (2 Prongs)

A

Strickland v Washington

BOS BFRP

  1. below objective standard of reasonableness
  2. but for, reasonable probability

(not CCE standard)

190
Q

Misrepresentation Theory of Products Lib

A

same as fraud.

  • *F**alsity known by ∆
    (mis) Representation by ∆
  • *A**cutally wanted π to rely
  • *U**nderstandable reliance by π
  • *D**amages

+ Prox Cause

191
Q

Ways to Bring Constructive Eviction Claim

A

LL must fail to provide something he has a legal duty to provide.
Check: LISA
If duty, then SING

  • *L**ease Itself
  • *I**WH (R only)
  • *S**tatute
  • *As**sumption of Repair

Sub Interfere, Notice, Goodbye

192
Q

Trusts - Duty of Loyalty of Trustee

A

T = DoL to act in BIOBs.

193
Q

Duty of Care - Trustees

A

T has duty to prudently administer the trust. Almost all states have adopted a form of the UPIA (Uniform Prudent Investor Act). The UPIA states that a trustee must administer the trust as a RPP using reasonable care, skill and caution.

194
Q

Duty of Care - Prudent Investor Rule - Trusts

A

ABCDE

Act as a Reasonably Prudent Investor

Balance Risk with Return

Commingling not allowed

Diversify investments

Earn a reasonable rate of return (keep trust productive)

*look @ portfolio as a whole

195
Q

Remedies for Breach of Trust

A

Suspending or remove T

Decrease compensation

Compel T to perform duties

Damages

Ask court for any other appropriate relief

196
Q

In a self-dealing trustee case, what remedies are avaliable?

A

Bs can rescind and ask for the purchase price to be set aside, or recover any profits from T.

197
Q

Cy Pres

A

A charitable trust might terminate if the charitable purpose becomes unlawful, impractical, impossible. However, cy pres might save the trust. Common law doctrine and part of the UTC. Elements: 3I NAG

  1. 3I: illegal, impossible, impractical
  2. No Alt Named
  3. General Charitable Intent
198
Q

Spousal Immunity

A

SPOUsal IMMunity. Spoken Prior Or Until IMMediate end of marriage

Criminal only. T-Spouse holds.

199
Q

Judicial Notice

A

C A&R D
CK of Jx

Civil: conclusive on jury
Crim: Pros met BoProd on issue

Shorthand Bar Prep (12 decks)

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