Mnemonics (mixed) Flashcards
Requirements for a class to be certified
CAN’T
Commonality: Qs of law or fact common to the entire class
Adequacy: class representatives will fairly and adequately protect interests of the entire class Typicality: claims or defenses of the class representatives are typical of those of the class
Numerosity: class size must be so numerous that joinder is impracticable
Requirements for De Jure Formation of a Corporation
APAIN
Authorized shares (number, classes and series)
Purpose
Agent + address of registered office
Incorporators’ names + addresses
Name of corp, with some indicia of corp. status (e.g. inc. or corp.)
Types of Fundamental Corporate Changes
My Cranky Dog Finds Any/All Stinky Socks
Merger
Consolidation
Dissolution
Fundamental Amendments to Articles
Sale of Substantially all corp. assets
Elements of Anti-Fraud (Rule 10(B)(5))
Ice Cream Sales Dominate In Summer
Interstate Commerce/use of national exchange;
Scienter - intent to deceive;
Deception - material misrepresentation or misappropriation of material non-public info;
In connection with actual purchase or Sale of securities
Principal/Agent Relationship
ABC
Assent - voluntary, informal agreement, principal must have capacity;
Benefit - agent’s conduct must be for principal’s benefit
Control - principal has right to control agent by having supervisory power
Duties Agent Owes to Principal
Lord of the Rings (LOR)
Reasonable care
Obey reasonable instructions
Loyalty
Felonies for FM
BARRK
Burglary
Arson
Robbery
Rape
Kidnapping
Specific Intent Crimes
FIAT
First degree murder
Inchoate crimes
Assault
Theft crimes
Strict Liability Crimes
Some Rancid Lemons Burn
Statutory Rape
selling Liquor to minors
Bigamy
Malice Crimes
CLAM
Common Law Murder
Arson
Bars to Succession
No CHEAters
No Contest Clause Homicide
Elder Abuse
Fundamental Rights
If Tracy Vomits Pay 2 dollars
Interstate Travel
Voting and ballot access
Privacy
2A
Suspect Classifications
Realize Every Nice Orca Cries
Race
Ethnicity
National Origin
Citizenship status
Quasi-suspect
Classifications
Good Luck
Gender
Legitimacy
Classifications for Rational Basis
Bury All Plants Somewhat Obviously
Business or economic distinctions
Age
Poverty
Sexual Orientation
