Pneumonic Flashcards
Torts
Very Intelligent Nurses Must Never Stop Penning Doctor Medical Prescriptions
Vicarious Liability Intentional Torts Negligence Multiple Defendants Nuisance Strict Liability Products Liability Defamation Malicious Prosecution Privacy Torts
List of Objections
NUCALF Narrative Unresponsive Compound Argumentative Leading Facts -assumes facts not in evidence
Personal Jurisdiction
My Parents Frequently Read Science Fiction Children’s Stories out-loud
Minimum Contacts Purposeful Availment Foreseeability Relatedness Systematic & Continuous contacts Fairness Factors Convenience State's Interests Other interests
Contracts
Armadillos from Denver Tap By Denver Roads
Applicable Law Formation Defenses to Formation Terms Breach Defenses to Performance Remedies
Criminal Law
People Talk In A Day
Crimes against the Person Theft Crimes Incomplete Crimes Accomplice Liability Defenses
Criminal Procedure
Foxes Find Six Extra Good Chicken Eggs
Fourth Amendment Fifth Amendment Six Amendment Exclusionary Rule Good Faith Warrant Exception Confessions/Identifications Eight Amendment
Hearsay Exceptions Unavailability Required
Flying Ducks Dive Swans Swim
Former Testimony
Dying Declaration
Declaration re personal or family history
Statement against interest
Statement against person procuring unavailability
Hearsay Exceptions Availability not an issue
Posh People Put Extra Delicate Boots On
Present Sense Impression Present State of Mind Past recollection recorded Excited Utterance Dec re Physical Condition Business Records Official Records
Professional Responsibility
Wolfs Scan C Aha
Witnesses & Jurors Opposing parties Loyalty Financial Integrity Special Prosecutors Silence Candor Accept Representation Not improperly solicit clients Competency Avoid unauthorized practice of law Honesty Avoid false or misleading advertisements
Essential Elements for Specific Performance
Chocolate Cheesecake is my Favorite Dessert
Contract Conditions Satisfied Inadequate Legal Remedy Mutuality of Performance Feasibility of Enforcement Defenses - none
Constitutional Law
Just Show Fast Low Like DATERS
Justiciability State Action Federal Powers Limits on State Powers Limits on Federal Powers Due Process Assembly Takings Equal Protection Religion Speech
Justiciability
RAMPSE
Ripeness Abstention Mootness Political Question Standing Eleventh Amendment
Limits on State Powers
Don’t PCP
Dormant Commerce Clause
Privileges & Immunities Clause
Contracts Clause
Preemption
Adverse Possession
COAH
Continous
Open and Notorious
Actual physical entry on premises
Hostile- entry without owner’s permission
Corporations
Come In Don’t Shy From Fun
Corporate Formation Issuance of Stock Director/Officer Duties and Liabilities Shareholder Rights Fundamental Corporate Change Federal Securities Laws
Rule 10b5-Corporations
Pitching MITT
Private Plaintiff Requirements Misappropriation theory Insider Trading Tipper liability Tippee liability
Res Judicata
VOSS Water
- VALID final judgment
- ON the merits
- SAME parties
- SAME claims
- WAS actually litigated or could have been litigated
Community Property
Two Torn People Draw DIAGRAMS
Title Presumptions Tracing Preemption Debts Division & Distribution Improvements/Contributions Agreements General Presumptions Relationship Status Acquisitions Management & Control Special Classifications
Intentional Torts
Fresh Caught BAIT
False Imprisonment Conversion Battery Intentional Infliction of Emotional Distress Trespass to Land and Chattels
Defenses to Intentional Torts
C. PARSONS
Consent Property-Defense of Assumption of Risk Self-Defense Others-Defense of Necessity Shopkeepers Privilege
Products Liability
SWIM’N
Strict Liability Warranty Intentional Misrepresentation Negligence
Defamation
Damn PR Disaster
Defamatory Statement
Publication to third party
Referring to plaintiff
Damages
Privacy Torts
I Feel Pretty Mad
Intrusion of Plaintiff’s solitude
False Light
Publication of Private Life
Misappropriation
Products Liability - Strict Liability Elements
Fucking MAD
Foreseeable use
Merchant Defendant
Alterations-None
Defective Product