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Rigos Bar Review > Rigos_Acronyms-All > Flashcards

Rigos_Acronyms-All Flashcards

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1
Q

Overall memory ladder acronym for contract law: OAC LLS VIPR TAD

*Contracts / UCC-Article 2

A

“O”ffer by offeror with definite terms expressing intent to be bound that is not yet revoked or rejected creating the power of acceptance in a particular offeree
“A”cceptance by offeree through a return promise or performance
“C”onsideration benefit received by promisor or detriment incurred by promisee
“L”egal capacity of contracting parties not infant, insane, or intoxicated (3Is)
“L”egal subject matter and not against public policy
“S”tatute of frauds (SOF) compliance – writing signed by D – if a MOULS contract

“V”oid or voidable circumstances MUFFED
“I”nterpretation of contract II PACC
“P”erformance and breach
“R”emedies MRS DAISI

“T”hird party beneficiary creditor or done
“A”ssignment of Rights by promisee to assignee
“D”elegation of Duties by obligor to delegatee

(c) 2014 Rigos Professional Education - All Rights Reserved

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2
Q

Contract formation OAC trilogy

*Contracts / UCC-Article 2

A

“O”ffer by offeror with definite terms expressing intent to be bound that is not yet revoked or rejected creating the power of acceptance in a particular offeree
“A”cceptance by offeree through a return promise or performance
“C”onsideration benefit received by promisor or detriment incurred by promisee

(c) 2014 Rigos Professional Education - All Rights Reserved

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3
Q

Common Law Contract Subjects: SIR

*Contracts / UCC-Article 2

A

“S”ervices include personal (employee’s labor), professional (attorney’s advice), and construction (builder’s construction).
“I”ntangibles include software, patents, trademarks, copyrights, accounts receivable, legal claims, and money.
“R”eal estate includes contracts for the sale, purchase, or encumbrance of land.

(c) 2014 Rigos Professional Education - All Rights Reserved

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4
Q

Offer – DIPP

*Contracts / UCC-Article 2

A

“D”efinite Terms with
“I”ntention to Create a Present
“P”ower of Acceptance in a
“P”articular Offeree

(c) 2014 Rigos Professional Education - All Rights Reserved

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5
Q

UCC Order of Court Imposing Gap-Filling Terms: CPU

*Contracts / UCC-Article 2

A

“C”ourse of Performance Between Parties
“P”ast Course of Dealings Between Parties
“U”sage of Trade in Industry

(c) 2014 Rigos Professional Education - All Rights Reserved

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6
Q

Acceptance Additions Between Merchants: MOP

*Contracts / UCC-Article 2

A

“M”aterially change the essence of the bargain
“O”bjected to by the offeror, or such additional terms were
“P”recluded in the offer

(c) 2014 Rigos Professional Education - All Rights Reserved

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7
Q

Capacity Defenses: 3 Is

*Contracts / UCC-Article 2

A

“I”nfants
“I”nsanity
“I”ntoxication

(c) 2014 Rigos Professional Education - All Rights Reserved

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8
Q

Reasonable Terms Required for Non-Compete Agreements: SAT

*Contracts / UCC-Article 2

A

“S”ubject of Restraint
“A”rea of Geographical Restraint
“T”ime Limit

(c) 2014 Rigos Professional Education - All Rights Reserved

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9
Q

Statute of Frauds Requiring a Writing and D’s Signature: MOULS

*Contracts / UCC-Article 2

A 
"M"arriage Including Property Transfer
"O"ver One Year 
"U"CC If $500 US or More PAWS Exceptions
"L"and Sale or Lease
"S"uretyship Promises

(c) 2014 Rigos Professional Education - All Rights Reserved

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10
Q

UCC If $500 US or More: PAWS Exceptions to SOF

*Contracts / UCC-Article 2

A

“P”art Performance
“A”dmission
“W”ritten Confirmations Between Merchants
“S”pecifically Manufactured Goods

(c) 2014 Rigos Professional Education - All Rights Reserved

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11
Q

Void or Voidable Circumstances: MUFFED

*Contracts / UCC-Article 2

A 
"M"istakes
"U"nconscionability
"F"raud
"F"iduciary’s Undue Influence
"E"stoppel Defenses
"D"uress

(c) 2014 Rigos Professional Education - All Rights Reserved

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12
Q

Fraud In the Inducement: FIRD

*Contracts / UCC-Article 2

A

“F”alse Statement of a Material Fact
“I”ntention to Deceive
“R”eliance on the False Statement
“D”amages

(c) 2014 Rigos Professional Education - All Rights Reserved

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13
Q

Interpretation of Contract: II PACC

*Contracts / UCC-Article 2

A 
"I"ntentions of Parties Control
"I"ncorporation by Reference
"P"arol Evidence Rule DUCAS Exceptions
"A"mbiguity
"C"ontrolling Statute
"C"onflict of Laws

(c) 2014 Rigos Professional Education - All Rights Reserved

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14
Q

Parol Evidence Rule: DUCAS Exception

*Contracts / UCC-Article 2

A 
"D"efect in Formation
"U"CC Trade and Dealings
"C"ondition Precedent
"A"mbiguity Interpretation
"S"ubsequent Modifications

(c) 2014 Rigos Professional Education - All Rights Reserved

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15
Q

COD

*Contracts / UCC-Article 2

A

“C”ash “o”n “D”elivery

(c) 2014 Rigos Professional Education - All Rights Reserved

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16
Q

FOB

*Contracts / UCC-Article 2

A

“F”ree “o”n “B”oard

(c) 2014 Rigos Professional Education - All Rights Reserved

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17
Q

FAS

*Contracts / UCC-Article 2

A

“F”ree “A”long”S”ide

(c) 2014 Rigos Professional Education - All Rights Reserved

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18
Q

CIF

*Contracts / UCC-Article 2

A

“C”ost, “I”nsurance, and “F”reight

(c) 2014 Rigos Professional Education - All Rights Reserved

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19
Q

LOC

*Contracts / UCC-Article 2

A

“L”etter “o”f “C”redit

(c) 2014 Rigos Professional Education - All Rights Reserved

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20
Q

Warranty Exclusions and Disclaimers Require: 5 Cs Test:

*Contracts / UCC-Article 2

A 
"C"lear
"C"onspicuous
"C"onscionable
"C"onsistent
"C"onsumer Purchaser

(c) 2014 Rigos Professional Education - All Rights Reserved

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21
Q

Excusable Nonperformance: CIISSU

*Contracts / UCC-Article 2

A 
"C"ooperation Lacking or Hindrance
"I"llegality After Formation
"I"ncapacity of Personal Service Contractor
"S"ource of Supply Impossible
"S"ubject Matter Destroyed
"U"CC Failure of a Presupposed Condition

(c) 2014 Rigos Professional Education - All Rights Reserved

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22
Q

Common Law Remedies: MRS DAISI

*Contracts / UCC-Article 2

A

“M”oney Damages
“R”escission / Reformation / Replevin / Restitution – 4 Rs
“S”pecific Performance

"D"eclaratory Judgment
"A"ccounting
"I"njunctions
"S"tatute of Limitations
"I"n Quasi-Contract

(c) 2014 Rigos Professional Education - All Rights Reserved

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23
Q

UCC Buyer Remedies: CICS

*Contracts / UCC-Article 2

A

“C”over by Purchasing Substitute Equivalent Goods
“I”ncidental Damages
“C”onsequential Damages
“S”pecific Performance

(c) 2014 Rigos Professional Education - All Rights Reserved

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24
Q

Rescission / Reformation / Replevin / Restitution: 4 Rs

*Contracts / UCC-Article 2

A

“R”escission or a Complete Undoing
“R”eformation or Changing the Contract
“R”estitution – Value Added or Compensate Victim
“R”eplevin of Stolen Goods

(c) 2014 Rigos Professional Education - All Rights Reserved

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25
Q

UCC Seller’s Remedies: RRIP*Contracts / UCC-Article 2

A

“R”ecession
“R”esell Goods
“I”ncidental Damages
“P”rofit Lost Interest

(c) 2014 Rigos Professional Education - All Rights Reserved

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26
Q

UCC Buyer’s Remedies: CICS

*Contracts / UCC-Article 2

A

“C”over with Equivalent Goods
“I”ncidental Damages
“C”onsequential Damages
“S”specific Performance

(c) 2014 Rigos Professional Education - All Rights Reserved

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27
Q

Specific Performance Remedy: CIT

*Contracts / UCC-Article 2

A

“C”over Not Possible
“I”dentification of Goods
“T”ransfer of BFP Not Made

(c) 2014 Rigos Professional Education - All Rights Reserved

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28
Q

Parent – Child Liability: SAD

*Torts

A

“S”upervision Failure
“A”gency for Family
“D”angerous Instrumentality

(c) 2014 Rigos Professional Education - All Rights Reserved

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29
Q

Proof Not Required: BAFTD

*Torts

A 
"B"attery
"A"ssault
"F"alse imprisonment
"T"respass to land
"D"efamation

(c) 2014 Rigos Professional Education - All Rights Reserved

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30
Q

Transferred Intent Between Torts

*Torts

A

“B”attery”A”ssault”F”alse Imprisonment”T”respass to Land”T”respass to Chattels

(c) 2014 Rigos Professional Education - All Rights Reserved

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31
Q

Defenses to Imminent Harm: SOP

*Torts

A

Defense of “S”elf
Defense of “O”thers
Defense of “P”roperty

(c) 2014 Rigos Professional Education - All Rights Reserved

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32
Q

Negligence Elements: ABCD

*Torts

A

“A” D’s duty to P
“B”reach of Duty
“C”auses Harm
“D”amages to P

(c) 2014 Rigos Professional Education - All Rights Reserved

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33
Q

Fraud Elements: FIRD

*Torts

A

“F”alse Statement of Material Fact
“I”ntention / Scienter
“R”eliance by P
“D”amages

(c) 2014 Rigos Professional Education - All Rights Reserved

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34
Q

Product Defense Balancing Test: RAD

*Torts

A

“R”easonable
“A”lternative
“D”esign

(c) 2014 Rigos Professional Education - All Rights Reserved

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35
Q

Product Liability Defenses: SCAAM

*Torts

A 
"S"tate of the Art
"C"omparative Fault
"A"ssumption of the Risk
"A"lteration
"M"isuse or Overuse

(c) 2014 Rigos Professional Education - All Rights Reserved

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36
Q

Defamation Definition: FPID

*Torts

A

“F”alse statement of fact concerning P
“P”ublicized to a third person (in understandable language) with a wrongful
“I”ntention or at least negligence in exposing the P to hatred, contempt, ridicule, or disgrace that creates
“D”amages to P’s reputation and good name

(c) 2014 Rigos Professional Education - All Rights Reserved

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37
Q

“Per Se” Defamation Damage Categories: LUNI

*Torts

A

“L”oathsome Disease
“U”nchastity or Other Serious Sexual Misconduct
“N”otorious Criminal Allegation
“I”njury in Trade, Business, or Profession

(c) 2014 Rigos Professional Education - All Rights Reserved

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38
Q

Defamation Defenses: TEMPR

*Torts

A 
"T"ruth
"E"xpress or Implied Consent
"M"ere Subjective Opinion
"P"rivilege
"R"etraction

(c) 2014 Rigos Professional Education - All Rights Reserved

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39
Q

Invasion of Privacy Torts: PAPI

*Torts

A

“P”ublic Disclosure of Private Matter
“A”ppropriation of Commercial Likeness
“P”ublication in a False Light
“I”ntrusion Upon Seclusion

(c) 2014 Rigos Professional Education - All Rights Reserved

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40
Q

Joint Tenancy Four Unities Required: PITS

*Real Prop

A

“P”ossession
“I”nterest
“T”ime
“S”ource of Title

(c) 2014 Rigos Professional Education - All Rights Reserved

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41
Q

Rights and Liabilities of Co-Ownership: PADS

*Real Prop

A

“P”ossession
“A”ccountability
“D”uty Fair Dealing
“S”hare Contribution

(c) 2014 Rigos Professional Education - All Rights Reserved

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42
Q

Easement Creation Methods: PINEE

*Real Prop

A 
"P"rescription (Similar to Adverse Possession)
"I"mplication
"N"ecessity
"E"xpress
"E"stoppel

(c) 2014 Rigos Professional Education - All Rights Reserved

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43
Q

An Easement by Prescription requires: CHO

*Real Prop

A

“C”ontinual Possession for Statutory Period
“H”ostile to True Owner’s Interest
“O”pen and Notorious

(c) 2014 Rigos Professional Education - All Rights Reserved

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44
Q

An Easement by Implication: CRAN

*Real Prop

A

“C”ontinuous or Permanent
“R”easonably Necessary
“A”pparent upon Inspection
“N”o Practical Alternative Route

(c) 2014 Rigos Professional Education - All Rights Reserved

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45
Q

Easement Termination is caused by: L RAMPS

*Real Prop

A 
"L"ack of Necessity
"R"elease or Estoppel
"A"bandonment
"M"erger
"P"hysical Blockage
"S"everance

(c) 2014 Rigos Professional Education - All Rights Reserved

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46
Q

License to Use or Come on Land: NNAPP

*Real Prop

A

“N”on-exclusive
“N”on-“A”ssignable
“P”ersonal
“P”ermissive right to use or come onto the property of another

(c) 2014 Rigos Professional Education - All Rights Reserved

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47
Q

Requirements for the Benefit / Burden of Covenants to Run: SPIT

*Real Prop

A

“S”OF Writing Required
“P”rivity of Estate (Horizontal and Vertical)
“I”ntent to Bind Successors in Interest
“T”ouch and Concern the Land

(c) 2014 Rigos Professional Education - All Rights Reserved

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48
Q

Requirements for Equitable Servitudes to Run: SITS

*Real Prop

A

“S”OF Requirement
“I”ntent to Bind LaND
“T”ouch and Concern the Land
“S”uccessor Notice

(c) 2014 Rigos Professional Education - All Rights Reserved

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49
Q

Property Listing Agreement Contents: DEWD

*Real Prop

A

“D”uration of Contract
“E”arned” Conditions
“W”riting Required
“D”escription of Property

(c) 2014 Rigos Professional Education - All Rights Reserved

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50
Q

Land Sale Contracts – Marketable Title: LIPP

*Real Prop

A

“L”egal Description”I”dentification of Closing Entity”P”rice of Property”P”arties

(c) 2014 Rigos Professional Education - All Rights Reserved

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51
Q

Deed Requirements: SADD

*Real Prop

A

“S”OF Requirements
“A”cknowledgement
“D”escription of Property
“D”elivery of Deed

(c) 2014 Rigos Professional Education - All Rights Reserved

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52
Q

Part Performance Exceptions: PIP

*Real Prop

A

“P”ossession Delivered to Buyer
“I”mprovements Made by Buyer
“P”ayment – Substantial – by Buyer

(c) 2014 Rigos Professional Education - All Rights Reserved

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53
Q

Statutory (Warranty) Deed Includes: TAFED

*Real Prop

A 
"T"itle of Seisin
"A"uthority and Right to Convey
"F"ree of Encumbrances – Marketable Title
"E"njoyment Quiet
"D"efend Buyer’s Interest

(c) 2014 Rigos Professional Education - All Rights Reserved

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54
Q

Bona Fide Purchaser Requirements: FINS

*Real Prop

A

“F”or Value
“I”n Good Faith
“N”o Record or Inquiry Notice
“S”helter Rule

(c) 2014 Rigos Professional Education - All Rights Reserved

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55
Q

Adverse Possession Requirements: ECHO

*Real Prop

A

“E”xclusive
“C”ontinuous
“H”ostile to True Owner
“O”pen and Notorious

(c) 2014 Rigos Professional Education - All Rights Reserved

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56
Q

Instrument and Recording Requirements: SADD

*Real Prop

A

“S”OF Compliance
“A”cknowledgment by Notary
“D”escription of Land
“D”elivery and Acceptance

(c) 2014 Rigos Professional Education - All Rights Reserved

57
Q

Rule Against Perpetuities (RAP) includes CEO

*Real Prop

A

“C”ontingent Remainders
“E”xecutory Interests
“O”pen Class Remainders

(c) 2014 Rigos Professional Education - All Rights Reserved

58
Q

Best Reason for Determining the Evidence Admissibility or Non-Admissibility: 3 Ws

*Evidence

A

“W”hy is this Evidence Being Introduced
“W”hom is Trying to Introduce it
“W”hen is it Being Introduced

(c) 2014 Rigos Professional Education - All Rights Reserved

59
Q

Relevance Exclusion: MUUC

*Evidence

A

“M”arginally Relevant
“U”nfair Prejudice Danger
“U”ndue Delay
“C”onfusion

(c) 2014 Rigos Professional Education - All Rights Reserved

60
Q

Qualification of Experts: SKEET

*Evidence

A 
"S"kill
"K"nowledge
"E"xperience
"E"ducation
"T"raining

(c) 2014 Rigos Professional Education - All Rights Reserved

61
Q

“Daubert” Reliable Methods and Opinions Require: SRA

*Evidence

A

“S”ufficient Facts to Support Position
“R”eliable Principles and Techniques are Required
“A”pplication of Expert Must be Reliable

(c) 2014 Rigos Professional Education - All Rights Reserved

62
Q

Admissible Hearsay – Witness Availability Immaterial: PETSRR

*Evidence

A

“P”resent Sense Impression
“E”xcited Utterance
“T”hen-Existing Mental, Emotional, or Physical Condition
“S”tatements Made for Medical Treatment
“R”ecorded Recollection
“R”ecords of Regularly Conducted Activity

(c) 2014 Rigos Professional Education - All Rights Reserved

63
Q

Required Record Evidence Foundation: PIFA

*Evidence

A

“P”ertinent to Matter
“I”nsufficient Present Recollection
“F”resh When Adopted
“A”ccurate Prior Knowledge

(c) 2014 Rigos Professional Education - All Rights Reserved

64
Q

Unavailable Witness Includes: DAAL

*Evidence

A

“D”eath or Infirmity
“A”sserted Privilege
“A”bsence
“L”ack of Memory

(c) 2014 Rigos Professional Education - All Rights Reserved

65
Q

Hearsay Exceptions – Witness Unavailable: FAB

*Evidence

A

“F”ormer Testimony
“A”gainst Interest Statements
“B”elief of Impending Death

(c) 2014 Rigos Professional Education - All Rights Reserved

66
Q

Supreme Court Original Jurisdiction: PACS

*Con Law

A

“P”ublic Ministers
“A”mbassadors
“C”onsuls
“S”tate is Party

(c) 2014 Rigos Professional Education - All Rights Reserved

67
Q

Discrimination Suspect Class: RAN

*Con Law

A

“R”ace (Ethnic Ancestry)
“A”lienage (or citizenship)
“N”ational Origin

(c) 2014 Rigos Professional Education - All Rights Reserved

68
Q

Level of Scrutiny: SIR

*Con Law

A 
"S"trict Scrutiny for suspect class such as RAN – race, alienage or national origin 
"I"ntermediate Scrutiny for quasi-suspect class such as sex or gender
"R"ational Basis for class of age and poverty

(c) 2014 Rigos Professional Education - All Rights Reserved

69
Q

Fundamental Privacy Rights: CAMPER

*Con Law

A 
"C"ontraception Devices
"A"bortion
"M"arriage
"P"rocreation
"E"ducate Children Privately
"R"elations Between Family Members

(c) 2014 Rigos Professional Education - All Rights Reserved

70
Q

Freedom of Association Restrictions Must Involve: CUL

*Con Law

A

“C”ompelling State Interest
“U”nrelated to the Suppression of Ideas
“L”east Restrictive Means of Protecting the Interest Involved

(c) 2014 Rigos Professional Education - All Rights Reserved

71
Q

Specific Intent Required for Crimes of CAL BAL

*Crim Law/Pro

A

“C”onspiracy
“A”ttempt
“R”obbery

“B”urglary
“A”ssault
“L”arceny

(c) 2014 Rigos Professional Education - All Rights Reserved

72
Q

Accomplice Liability: CIA

*Crim Law/Pro

A

“C”omplicity
“I”ntent Specific
“A”ctual Participation

(c) 2014 Rigos Professional Education - All Rights Reserved

73
Q

Dangerous Felonies: BARRK

*Crim Law/Pro

A 
"B"urglary
"A"rson
"R"obbery
"R"ape
"K"idnapping

(c) 2014 Rigos Professional Education - All Rights Reserved

74
Q

Burglary Requirements: BEDIN

*Crim Law/Pro

A 
"B"reaking
"E"ntering Without Consent
"D"welling House of Another
"I"ntent to Commit a Felony or Larceny
"N"ight

(c) 2014 Rigos Professional Education - All Rights Reserved

75
Q

Search and Seizure Violation Requirements: SIP

*Crim Law/Pro

A

“S”tate Action,
“I”ntrusion on Private Citizens Who Have a
“P”rivacy expectation

(c) 2014 Rigos Professional Education - All Rights Reserved

76
Q

Four Protected Miranda Required Warnings: RARI

*Crim Law/Pro

A

“R”ight to Remain Silent
“A”nything you Say can be Used Against You
“R”ight to the Presence of an Attorney
“I”f you cannot Afford an Attorney, One will be Appointed

(c) 2014 Rigos Professional Education - All Rights Reserved

77
Q

Right to a Speedy Trial Factors: LEAP

*Crim Law/Pro

A

“L”ength of Delay Between Arrest / Charging and Trial
“E”xplanation for Delay
“A”ssertion Right Time Delay
“P”rejudice Suffered by D

(c) 2014 Rigos Professional Education - All Rights Reserved

78
Q

Exculpatory Evidence Suppression: SEIP

*Crim Law/Pro

A

“S”upression of
“E”xculpatory or
“I”mpeachment Evidence that is Significantly
“P”rejudicial to D

(c) 2014 Rigos Professional Education - All Rights Reserved

79
Q

Filing Information Requirements for Business Associations: NAB

*General Business Associations

A

“N”ames of Owners and Representatives
“A”ddresses of Owners and Representatives
“B”usiness Activity Conducted

(c) 2014 Rigos Professional Education - All Rights Reserved

80
Q

General Fiduciary Duty of Agent: HOLT

*Agency

A

“H”onest Dealings
“O”bedience to Principal
“L”oyalty to Principal
“T”rust to Principal

(c) 2014 Rigos Professional Education - All Rights Reserved

81
Q

Involuntary Agency Termination: ISIS

*Agency

A

“I”ncapacity / Death of Principal
“S”ource of Agency Supply Destroyed
“I”llegality of Agency Agreement
“S”ubject Matter of Agency Destroyed

(c) 2014 Rigos Professional Education - All Rights Reserved

82
Q

Partners’ Fiduciary Duty of Loyalty Violations: CAP

*Partnership

A

“C”ompetition with Partnership Prohibited
“A”voiding Adverse Interests to Partnership
“P”artnership Accounting for Benefit

(c) 2014 Rigos Professional Education - All Rights Reserved

83
Q

Partnership Liquidation Priority: CPU

*Partnership

A

“C”reditors, including Partner Creditors
“P”artners Capital Account and Contributions
“U”ndistributed Profits to Partners

(c) 2014 Rigos Professional Education - All Rights Reserved

84
Q

Articles of Incorporation Minimum Required Information: RINS

*Corporations

A

“R”egistered Office and Agent
“I”ncorporator(s)
“N”ame of Corporation
“S”tock Information

(c) 2014 Rigos Professional Education - All Rights Reserved

85
Q

Corporate Board Conflicts of Interest Violations: CUT

*Corporations

A

“C”ompeting with Corporation
“U”surping Corporate Opportunity
“T”rade Secret Appropriation

(c) 2014 Rigos Professional Education - All Rights Reserved

86
Q

Business Judgment Defense Rule: RIS

*Corporations

A

“R”easonable Decision at the TimeMade
“I”n Good Faith
“S”upported by Rational Basis after Reasonable Investigation

(c) 2014 Rigos Professional Education - All Rights Reserved

87
Q

Director and Officer Non-Indemnification Protection Reasons: FICE

*Corporations

A

“F”iduciary Duty Breach
“I”ntentional Wrongdoing
“C”riminal Act, or
“E”xcess Distribution to Shareholders

(c) 2014 Rigos Professional Education - All Rights Reserved

88
Q

Shareholder Suit Seeking Dissolution Reasons: FOWD

*Corporations

A

“F”raud by Directors or Officers
“O”ppression in Closely-held Corporation
“W”aste of Assets
“D”eadlock and Irreparable Inquiry Threatened

(c) 2014 Rigos Professional Education - All Rights Reserved

89
Q

Filed LLC Articles Must Contain: NOMAD

*LLC

A 
"N"ame of LLC 
"O"rganizer’s Name and Address
"M"anager or Member Managed
"A"ddress and Registered Agent
"D"ate of Dissolution

(c) 2014 Rigos Professional Education - All Rights Reserved

90
Q

LLC Member Dissociation Events: WIDE

*LLC

A

“W”ithdrawal by Member
“I”nsolvency
“D”eath or Incapacity
“E”xpulsion of Member

(c) 2014 Rigos Professional Education - All Rights Reserved

91
Q

Escape Devices from the Restatement’s jurisdiction Vested Rights Approach: RADS

*Conflict of Laws

A

“R”envoi to apply own law
“A”rea of Substantive Law changed
“D”épecage so law applied issue-by-issue
“S”ubstance Versus Procedure rule applied

(c) 2014 Rigos Professional Education - All Rights Reserved

92
Q

Interest Analysis” Policy Approach: CUT

*Conflict of Laws

A

“C”ontact with the Case
“U”nprovided-For or No-Interest Cases
“T”rue Conflict

(c) 2014 Rigos Professional Education - All Rights Reserved

93
Q

Tort Factors: CRIP

*Conflict of Laws

A

“C”onduct Causing Injury
“R”elationship Among Parties
“I”njury Location
“P”arties Location

(c) 2014 Rigos Professional Education - All Rights Reserved

94
Q

Contract Factors: SOPP

*Conflict of Laws

A

“S”ubject Matter Location
“O”ffer-Acceptance Location
“P”arties Location
“P”erformance Location

(c) 2014 Rigos Professional Education - All Rights Reserved

95
Q

Valid Marriage Requirements: CALF SAW

*Family Law

A

“C”onsanguinity including First Cousins Prohibited
“A”lready Married Prohibition
“L”icense Required
“F”iled Certificate

“S”olemnization by Authorized Officer
“A”ge of Majority Required
“W”itnesses to Validation

(c) 2014 Rigos Professional Education - All Rights Reserved

96
Q

Registered Domestic Partnership: SURE

*Family Law

A

“S”hare Household
“U”nmarried to Another
“R”egistration Required in State
“E”ighteen or Older

(c) 2014 Rigos Professional Education - All Rights Reserved

97
Q

Grounds for Declaration of Marriage Invalidity: DAFT LUV

*Family Law

A

“D”uress
“A”lready Married
“F”raud
“T”oo Closely Related

“L”acked Capacity
“U”nderage
“V”oid Out-of-State Marriage

(c) 2014 Rigos Professional Education - All Rights Reserved

98
Q

Court must: IVD

*Family Law

A

“I”dentify Property of Marital Estate
“V”alue Property
“D”istribute Property

(c) 2014 Rigos Professional Education - All Rights Reserved

99
Q

Prenuptial Agreements: FOG

*Family Law

A

“F”ull Disclosure of Material Facts
“O”pportunity for Counsel
“G”ood Faith Required

(c) 2014 Rigos Professional Education - All Rights Reserved

100
Q

Factors Affecting a “Just and Equitable” Distribution: DEP

*Family Law

A

“D”uration of Marriage
“E”conomic Circumstances
“P”roperty Amount

(c) 2014 Rigos Professional Education - All Rights Reserved

101
Q

Parenting Negative Factors: HARA

*Family Law

A

“H”istory of Domestic Violence
“A”buse of Child
“R”efusal of Parental Responsibility
“A”bandonment of Child

(c) 2014 Rigos Professional Education - All Rights Reserved

102
Q

Child Support Law: SODA THIEF

*Family Law

A

“S”tandard Calculation
“O”ther Expenses
“D”eviations from State Support Schedule
“A”djustments and Modifications

"T"ransportation Long-Distance
"H"ealth CareLife 
"I"nsurance 
"E"ducational Support 
"F"ederal Tax Exemptions

(c) 2014 Rigos Professional Education - All Rights Reserved

103
Q

Genetic Testing Factors: PATCH

*Family Law

A 
"P"robability of Outcome
"A"ssumption of Father’s Role
"T"ime the Moving Party Waited
"C"hild’s Age
"H"arm Possibility

(c) 2014 Rigos Professional Education - All Rights Reserved

104
Q

Required Complaint Contents: JARR

*Federal Civil Procedure

A

“J”urisdiction
“A”llegation of Facts
“R”ight to Relief
“R”elief Requested

(c) 2014 Rigos Professional Education - All Rights Reserved

105
Q

Class Action Lawsuit Requirements: CULP

*Federal Civil Procedure

A

“C”ommon Questions of Law/Facts
“U”sual Claim
“L”arge Membership
“P”rotection of all Class Members

(c) 2014 Rigos Professional Education - All Rights Reserved

106
Q

Protective Orders: DUOP*Federal Civil Procedure

A

“D”uplicative
“U”nduly Burdensome
“O”ppressive
“P”rotect a Trade Secret

(c) 2014 Rigos Professional Education - All Rights Reserved

107
Q

Methods of Discovery: PRIDE

*Federal Civil Procedure

A 
"P"roduction of Documents
"R"equests for Admission
"I"nterrogatories
"D"epositions
"E"xaminations (Physical and Mental)

(c) 2014 Rigos Professional Education - All Rights Reserved

108
Q

Remedies for Discovery Abuse: POSE

*Federal Civil Procedure

A

“P”rotective Orders
“O”rders Compelling Discovery
“S”anctions for Violation of Order
“E”xclusion of Witness

(c) 2014 Rigos Professional Education - All Rights Reserved

109
Q

Factors for Granting Equitable Relief / Injunction: RAMP

*Federal Civil Procedure

A

“R”isk of Irreparable Harm
“A”ppropriate Weight of Harm Distribution
“M”erit Success Liklihood
“P”ublic Interest

(c) 2014 Rigos Professional Education - All Rights Reserved

110
Q

Basis for Juror Challenges for Cause: LIB

*Federal Civil Procedure

A

“L”ack of Qualifications
“I”ncapacity
“B”ias (Actual or Implied)

(c) 2014 Rigos Professional Education - All Rights Reserved

111
Q

Grounds for a New Trial: JET

*Federal Civil Procedure

A

“J”uror Misconduct
“E”rrors of Law
“T”imeliness of Motion

(c) 2014 Rigos Professional Education - All Rights Reserved

112
Q

Required Trust Elements: SIT with PA

*Trusts, Wills & Estates

A

“S”ettlor / Donor / Grantor / Trustee
“I”ntent to Properly Create a Trust
“T”ustee Necessary

“P”roperty / Res
“A”scertainable Beneficiaries

(c) 2014 Rigos Professional Education - All Rights Reserved

113
Q

Trustee’s Responsibilities and Liability: PIN CALL

*Trusts, Wills & Estates

A

“P”roperly Administer Assets
“I”nform Beneficiaries
“N”ot Delegate Decisions

“C”ommingling of Assets Not Allowed
“A”ccount to Beneficiaries
“L”itigate on Behalf of Trust
“L”oyalty to Trust

(c) 2014 Rigos Professional Education - All Rights Reserved

114
Q

Trustee Loyalty to Trust Violations: SOB

*Trusts, Wills & Estates

A

“S”elf-Dealings with Trust
“O”pportunity of the Trust Taken
“B”orrowing from the Trust

(c) 2014 Rigos Professional Education - All Rights Reserved

115
Q

Formal Will Requirements: SIT with MA*Trusts, Wills & Estates

A

“S”igned by Testator
“I”ntent to Create
“T”estamentary Age

“M”ental Capacity Required
“A”ttested to by Witnesses

(c) 2014 Rigos Professional Education - All Rights Reserved

116
Q

Testator Mental Capacity Requires Understanding of: POT

*Trusts, Wills & Estates

A

“P”roperty: Nature and Extent of One’s Property
“O”bjects: Natural Objects of One’s Bounty
“T”estamentary Effect of Executing the Devise Understood

(c) 2014 Rigos Professional Education - All Rights Reserved

117
Q

Testamentary Undue Influence Factors: LOAF

*Trusts, Wills & Estates

A

“L”arge Unnatural Devise
“O”pportunity to Exert Undue Influence
“A”ctive Participation in Devise
“F”iduciary Relationship

(c) 2014 Rigos Professional Education - All Rights Reserved

118
Q

Negotiable Instruments Requirements: NUTSS

*UCC Article 3-Commercial Paper

A 
"N"egotiable Words
"U"nconditional Promise to Pay
"T"ime Certain for Payment
"S"um Certain in Money
"S"igned by Maker / Drawer

(c) 2014 Rigos Professional Education - All Rights Reserved

119
Q

Holder in Due Course: FINNS

*UCC Article 3-Commercial Paper

A 
"F"or Value
"I"n Good Faith
"N"o Notice of Claim or Defense
"N"egotiation
"S"helter Rule

(c) 2014 Rigos Professional Education - All Rights Reserved

120
Q

Personal Defenses: MUUFFO

*UCC Article 3-Commercial Paper

A 
"M"utual Mistake
"U"nauthorized Completion
"U"ncompletion of a Condition Precedent
"F"raud in the Inducement
"F"ailure of Consideration
"O"ther Claims

(c) 2014 Rigos Professional Education - All Rights Reserved

121
Q

Real Defenses: FIDDLS FUM

*UCC Article 3-Commercial Paper

A 
"F"raud in the Execution
"I"llegality of Transaction
"D"ischarge in Bankruptcy
"D"uress
"L"ack of Capacity
"S"tatute of Limitations

“F”orgery
“U”nauthorized Signature
“M”aterial Alteration

(c) 2014 Rigos Professional Education - All Rights Reserved

122
Q

Transfer of Parties’ Warranties: GANDS

*UCC Article 3-Commercial Paper

A 
"G"ood Title to Instrument
"A"lterations Not Present
"N"o Knowledge of Insolvency
"D"efenses Not Present
"S"ignatures are Genuine and Authorized

(c) 2014 Rigos Professional Education - All Rights Reserved

123
Q

Presentment Parties’ Warranties: GAD

*UCC Article 3-Commercial Paper

A

“G”ood Title to Instrument
“A”lterations Not Present
“D”rawer’s Signature Proper

(c) 2014 Rigos Professional Education - All Rights Reserved

124
Q

Super-Creditor Status: PMSI

*UCC Article 9-Secured Transactions

A

“P”urchase
“M”oney
“S”ecurity
“I”nterest

(c) 2014 Rigos Professional Education - All Rights Reserved

125
Q

Attachment Requirements: ARV(“A” “R”ecreational “V”ehicle)

*UCC Article 9-Secured Transactions

A

Security “A”greement
“R”ights in Collateral
“V”alue Given by Creditor

(c) 2014 Rigos Professional Education - All Rights Reserved

126
Q

Ways to Prefect: “P”erfection “C”alls “f”or “M”any “T”hings - PCFMT

*UCC Article 9-Secured Transactions

A 
"P"ossession of Collateral
"C"ontrol
"F"iling a Financing Statement
"M"ere Attachment
"T"itle Certificate Notation

(c) 2014 Rigos Professional Education - All Rights Reserved

127
Q

Client’s decisions: AJET

*Professional Responsibility

A

“A”ccept or reject a settlement offer; or in a criminal case
“J”ury Trial Waiver
“E”ntering a Plea
“T”estifying at Trial

(c) 2014 Rigos Professional Education - All Rights Reserved

128
Q

Factors in Determining the Reasonableness of a Fee (case-related): SANTA

*Professional Responsibility

A 
"S"kill Required in Matter
"A"mount Involved
"N"ovelty and Difficulty
"T"ime Involved / Opportunities Foregone
"A"verage Customary Fee

(c) 2014 Rigos Professional Education - All Rights Reserved

129
Q

Factors in Determining the Reasonableness of a Fee (attorney-related): REBER

*Professional Responsibility

A 
"R"elationship with Client
"E"xpertise of Lawyer
"B"asis of Fee
"E"xperience / Reputation of Lawyer
"R"esult of Matter

(c) 2014 Rigos Professional Education - All Rights Reserved

130
Q

Client Conflict Abatement Requirements: NIC

*Professional Responsibility

A

“N”o Harm Will Result
“I”nformed Consent by Both Clients
“C”onfirmed in Writing

(c) 2014 Rigos Professional Education - All Rights Reserved

131
Q

No Lawyer-Client Business Dealings Allowed Unless: TICC

*Professional Responsibility

A

“T”erms of Transaction are Fair
“I”ndependent Counsel Advised
“C”lient
“C” onsent in Writing Obtained

(c) 2014 Rigos Professional Education - All Rights Reserved

132
Q

Lawyer MUST Terminate / Withdraw from Representation if: VID

*Professional Responsibility

A

“V”iolate MRPCs
“I”mpaired Ability to Represent
“D”ischarged by Client

(c) 2014 Rigos Professional Education - All Rights Reserved

133
Q

Lawyer MAY Terminate / Withdraw from Representation if: CURBSO

*Professional Responsibility

A 
"C"lient Pursing 
"C"riminal Action
"U"sed Lawyer to Commit Crime
"R"epugnant Objective
"B"urden on Lawyer Unreasonable
"S"erious Client Failiure
"O"ther Good Cause for Withdrawal Exists

(c) 2014 Rigos Professional Education - All Rights Reserved

134
Q

Prohibited Lawyer Statements in a Criminal Case: TOPIC

*Professional Responsibility

A 
"T"est Results
"O"pinion of Guilt or Future Testimony
"P"lea or Confession
"I"nadmissible Evidence
"C"haracter

(c) 2014 Rigos Professional Education - All Rights Reserved

135
Q

A Lawyer may be a witness and an advocate in the same matter if any of the following reasons apply: HULA

*Professional Responsibility

A

“H”ardship on Client
“U”ncontested or Formality
“L”egal Services Rendered Value
“A”nother Firm Lawyer or Witness

(c) 2014 Rigos Professional Education - All Rights Reserved

136
Q

Fee sharing with non-lawyers is permitted only if involving: PEND

*Professional Responsibility

A

“P”urchase of Law Practice
“E”mployee Payment Plans
“N”onprofit Organization Payment
“D”eath or Disability of Lawyer

(c) 2014 Rigos Professional Education - All Rights Reserved

137
Q

Lawyer oral solicitation seeking future representation is prohibited from other than: ROFF

*Professional Responsibility

A

“R”elatives
“O”ther Lawyers
“F”ormer Clients
“F”riends

(c) 2014 Rigos Professional Education - All Rights Reserved

138
Q

Three situations where Lawyer is not required to report misconduct: CAD

*Professional Responsibility

A

“C”onfidential Information of Client
“A”ssistance Program Source of Information
“D”efense Attorney Retained

(c) 2014 Rigos Professional Education - All Rights Reserved

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