Mneumonics

Question 1

What’s the mneumonic for hearsay exceptions when the hearsay declarant is unavailable?

Answer 1

Forfeit - Unavailable hearsay declarant’s prior statements can come in if X engages in wrongdoing w/intention of making hearsay declarant unavailable to testify

Former - Former testimony of unavailable hearsay declarant that’s given under oath if party against whom testimony is being offered had an opportunity and similar motive to develop the testimony

Interests - Statements against interests

Or

Dead - Dying declaration made in belief that death was imminent + statement is related to cause/circumstances of death

Family - Statements of the hearsay declarant’s family history

Question 2

What’s the mneumonic for the six covenants offered in a general warranty deed?

Answer 2

S - Seisin
R - Right to convey

Q - Quiet Enjoyment
W - Warranty
E - Encumbrances
F - Further Assurances

I own this as described
I can sell it to you
I can sell it to you with no strings attached

Once you own it, your right will not be disturbed
If it is disturbed, I will defend you
If I defend you, I will make it right

Question 3

What is the mneumonic for those orders that are immediately appealable within 14 days after the order is entered?

Answer 3

In - Injunctions

Certain - Certifications

Moments - Multiple claims/parties and a final judgment is entered as to one claim, court expressly determines there’s no just reason to delay, and such claim is separate and distinct from unadjudicated claim

An - Admiralty

Appeal - Appointment of receiver

Can - Collateral Orders

Be - Bankruptcy cases

Made - Mandamus

Prematurely - Patent infringement orders