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Things I forget easily Flashcards

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1
Q

3rdP Standing

A

Can Stand for Others C: BUR S: AARC F: SubO + notComm O: BIRD Both harmed, unlikely/unable, rep adequate Adversely affect rights of consumers Both harmed, Injury Related, Damages not particularized

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2
Q

Ex Post Facto

A

No alter criminal offense or punishment in EPF. State and Fed. Extremely Prejudicial Fashion

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3
Q

Pre Trial IDs

A

US MIL IS cannot be unncessarily suggestive, such that likely to produce a mis-ID unless independent source

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4
Q

Buyer v Secured Party

A
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5
Q

IAC

A

Strickland But for, specify particular error.

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6
Q

Exceptions to Negligence Per Se

A

Comply Imp or more D

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7
Q

12b6

A

PAPER Not Particular Allegations to make Plausible π Entitled 2 Relief

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8
Q

Standing - General Rule

A

CS in OoL Concrete stake in Outcome of Litigation

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9
Q

6A - Speedy Trial

A

Attaches when arrested or charged

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10
Q

DP Process Required

A

PSI vs. FAGE Need FUD Can waive if K + V value of Procedural Safeguard + Importance of interest v Fiscal Administrative Gov Efficiency Fair process + Unbaised Decisionmaker Knowingly + voluntary

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11
Q

Artificial insemination

A

a husband who is married to a woman who has a child through assisted contraception is father unless he proves his lack of consent within 2 years after birth

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12
Q

Modification of Child Support Order - Jx

A

Once court enters valid support award, it has continuing exclusive jx unless

1. all OFS or

2. parties consent to other states jx.

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13
Q

14A DPC Confessions

A

Pretty Cute COWS = exclude 1. Police coercive conduct? And 2. Overcomes will of suspect? = exclude fruit and confession

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14
Q

Child Support Factors

A

Numerical guide = rebuttable presumption. Applied regardless of marital status. It would be A SIN for you to not pay me child support Age Special Needs Income of parents # of kids

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15
Q

When Dissociation in Pship Wrongful

A

BEPA OR

TermP: WEB P Lib 4 D. Can’t participate in mgmt or WU

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16
Q

Compelling Gov Interests

A

RED Remedy past discrim Emergency/war Diversity in higher ed

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17
Q

Advancement/Satisfaction

A

CL: gifts during Ts lifetime were considered advancements and would be deducted from the heir’s share of the estate

Modern/UPC: not advancement unless

  1. will says so
  2. indicated in writing that the property was in satisfaction of a devise. Some states don’t require a writing, any evidence of Ts intent will do.
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18
Q

2 Important Ways to Dissolve

A

P @ W: EW Diss PTerm: Dissoc of P -> w/in 90 days, 1/2 remaining agree to WU

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19
Q

Properly Excuted Warrant?

A

If you don’t execute your warrant properly, you SUCK Scope Unreasonable delay - not Coming w/ 3rdP unless to ID K/A

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20
Q

OG Agressor

A

only if WC or SEA Withdraw + Communicate or Sudden Escalation of Aggression

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21
Q

Right to Vote

A

RR to P not H Reasonable Reqs that protect not hinder

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22
Q

Public School Speech Analysis

A

Student: NO unless SubD or DU (eating subs @ DenverUni) School: Yes if RR to CAP. Include CirruS. Substantial Disruption or Drug Use Concern Actual Pedogogical. Cirrcular Speech.

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23
Q

Public Employee Speech

A
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24
Q

Congress Taxes upheld if

A

RRR or ARA Reasonably related to revenue production OR Authority to Regulate Activity

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25
Q

Exceptions to Double Jep

A

SHARP, you have to be sharp to play jep Sepearte trials requested by ∆ Hung jury Appeal successful Request by ∆ to end or necessity to end (not on merits) Plea bargain breach

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26
Q

Mistake

A

Mutual - voidable if BAM no AssumeR Unilateral - voidable if NMP K or R2K On Basic Assumption Material effect

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27
Q

Bs Revocation of Acceptance

A

dirty - VNRR. Generally no unless 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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28
Q

DCC and P&I Chart

A
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29
Q

Write when HS and SC Tests Fail

A

Court should decline to exercise jx. Decision would serve purpose of UCCJEA to promote use of more convenient forum & deter abductions/unilateral removal of kids.

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30
Q

Felony Murder - Defenses

A

DD CUPS get you out of jail for FM ProxC = liable for Police too Defense to underlying felony Distinct felony (aggravated battery not distinct) Co-felon death by other Unforeseeable Proximate cause v agency Safety Reached

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31
Q

Proceeds

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

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32
Q

Design Defect

A

Way to make safer, MP, sim $$

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33
Q

Withdrawal from inchoate crimes

A

AL: BU NARE Attempt: MPC only, CAVE Solicitation: MPC only, renunciation Conspiracy: 1. from C itself (only MPC, only if thwart) 2. from future crimes: if AA + tell all co-cs and given them time to withdraw too

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34
Q

Marital Prop

A

You’ll surely DIE in ct if you try to take my NMP, unless I C that it became MP. Devise, Descent, Gift, Bequest Income from or appreciation of NMP Exchange for NMP Intent for it to be MP Commingled inextricably

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35
Q

Evidence obtained in violation of MW

A

Inadmissible @ trial unless PEPSI. I = vol C Physical Evidence Public Safety Impeachment - if voluntary confession

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36
Q

Not Valid Consideration

A

TIPP Time Barred Debt - get $$ written in letter Illusory Promise Past consideration Partial Payment of Debt Due + Undisputed - get all

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37
Q

Exculpation Clause relieves T of liability unless:

A

BIRD

Bad faith

Ind counsel not present + Direction of T to write in

Reckless

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38
Q

Relocation (Family law) Custody

A

Notice + hearing. Sometime burden on mover, sometimes on objector. Court considers if you’re going to BFE. BIOC (good) Faith of parties Evaluate visitation v parents rights

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39
Q

Properly Issued Warrant?

A

PCP NDM can be anticipatory

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40
Q

Character Evidence Chart

A
41
Q

Original Jx over Child Support Orders (not including modification)

A

1. Original Jx

Jx proper where 1st petition under UIFSA is filed.

Another state can only exercise if:

  1. 2nd pet filed before time to answer the 1st has expired.
  2. pet objected to jx in the first action
  3. 2nd state is the child’s home state

2. FFCCSOA

Must give FFCSOA if notice + hearing.

3. UIFSA - Enforcement

Issuing ct has continuing jx.

Another state can enforce by 1) direct enforcement 2) registration

42
Q

Shipment of NCG

A

A + B.

ASR. Ship + Notify NCG. No B; CO.

43
Q

SH/Director Voting

A
44
Q

Fixtures Analysis

A
45
Q

Equipment (Secured Credit)

A

Goods other than inventory, farm products, CG

46
Q

BER

A
  1. PC PRWX need OG or Excuse 2. N/A when W has PK of facts w/o writing. 3. Exceptions: Colla, Vol, PubR Prove Contents Writing Xray Photo Recording need Original Collateral, Public Records Certified Copy, Voluminous Records
47
Q

Can State B enforce a support award issued in state A?

A

Yes. Under FFCCSOA, FFC must be given if 1) ct had jx + 2) reasonable notice + opp to be heard. UIFSA governs. Once registered, enforceable in any state. OG issuer - contin excl jx if 1 party stays there AND no consent to jx in another forum

48
Q

Failure of Condition

A

If CF, NO2P. Thus, NB. But, CE if 1. PP F2C 2. Waiver. Retractable unless DR.

49
Q

Incomptency to stand for trial

A
  1. No rational + fact understand of charges/proceeding 2. No ability to consult w/ atty
50
Q

Learned Treatises

A

1. SIRE 2. R by JET 3. Read only by expert or counsel. No need to rely by E.

  1. Use Substantively or Impeach if Reliable Est.
  2. Reliability est by Judicial Notice, Expert - Direct or Cross, Testimony of other expert.

Can’t offer as exhibit, read by expert only.

Expert doesnt have to rely on treatise in own testimony

51
Q

Default Judgment

A

Clerk enter if - no RIM + Certain Sum Otherwise, need Judge. Notice by Judge unless no R. Notice = 7 days

52
Q

10A

A

PNG2US or PBS are R2SoP Includes general police power; no commandeering by fed gov

53
Q

Impracticability

A

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

54
Q

Adoption

A

Step 1. Terminate rights of bio parents. Generally requires consent. Unless: UU R Ass.

  • *U**nreasonably withheld consent against BIOC
  • *U**nwed dad - only if not active involvement in kids life
  • *R**ights already terminated
  • *A**bandonment of child - either mom or dad

Step: Creation of new parental rights

Consent of adoptee if > 12ish

Home Study

55
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. If not given, treat as AR. Can’t use to rewrite K.

56
Q

Cannot decline to exercise jx for child custody if

A
  1. proper proceeding already pending elsewhere when pet filed, unless other ct defers
  2. person seeking in unjustifiable conduct
57
Q

MCM

A

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

58
Q

Commerce Clause

A

CIAA

Channels

Instrumentalities

Activities w/ sub effect on IC

Articles moving in IC

59
Q

Authenticating Photos

A

W testify FAR Photographer not needed. Fair Accurate Rep.

60
Q

Default

A

Say: If D defaults property with SI, C has right to repo. Then say: An SI attaches when VRA. There was attachment bc ______. There was a default bc _______. Therefore, C can repo.

61
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

62
Q

Forced conveyances - Takings Analysis Eg. Conditioning building permit on giving easement to gov

A

Usually violate 5A. But city can impose if 1) close nexus 2) proportionality exists

63
Q

MBE Tip: For questions asking about the effect on listener/reader, instead of OPTMA, the question will usually state that there is a defense or argument that does not depend on the truth of the statement. Ex:

A

Police officer reasonably believes that person was robber based on the description stated over the police broadcast.

We dont care what the description was, we just care what he reasonably believed.

64
Q

14A 5

A

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.

65
Q

6A R2Counsel

A

6A, applied to states thru 14A. In crim pros, ∆ has right to AoC during ACS AFPS. FP = IPA, not arrest or booking. Police fail 2 inform that atty trying to see, irrelevant unless indictment.

66
Q

Indirect taxes

A

Valid if GUST I indirectly am blown over by GUSTS Geo Uniform in States There

67
Q

Miranda Analysis

A

Vagina Tempts College Idiots, Particularly Macho Weirdos Voluntary, Testimonial, Custodial, Interrogation by P/PKA, MW given, Wavier - VIK

68
Q

To perfect a PMSI in non-consumer goods, creditor must

A

filing FS within 20 days after the debtor receives delivery of the collateral

69
Q

Manufacturing Defect

A

Diff from IntD makes MD Proof: F2P as OrdC E

70
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; judgment from highest state ct; no IASG; FQ 3 Judge Panel for Injunctive Relief

71
Q

Unwed dad - way to est paternity

A

Child = dad’s if

  1. After birth - D marries M
  2. D holds out as C
  3. D consents on BC
  4. D formally acknowledge paternity
  5. Judgment of paternity
72
Q

Property (DPD) Violation

A

LCEB Legit Claim or Entitlement to Benefit

73
Q

Elimination of 5A Privilege

A

TIN Take stand (waive) Immune - use and derivative use; not transactional No possibility of incrimination

74
Q

Refreshing Recollection

A

inspect, cross (use on), evidence (introduce to). If use to refresh b4 on stand, adversary can’t ICE, but judge can allow.

75
Q

Custody

A

Restraint on freedom, coercive pressures of police station felt I want to CALL my mom, I feel like im in custody. Cir Age Length Location

76
Q

Under the UCC, absent cir suggesting otherwise, a clause barring ‘assignment’ is interpreted as:

A

CBA = OD. But still Breach.

Clause Barring Assignment = only delegation bar. But still breach.

77
Q

Ways to terminate T/E

A

Carrie Bradshaw should ADD that when she terminates her marriage with Big that he sucks Creditor of Both Agreement by Both Death Divorce

78
Q

Restitution

A

1. CB

2. REC

3. K or R2K (2)

4. UE

—-

Conferred benefit

Reasonable expectation of comp

Knew or Reason to Know

Unjust enrichment

79
Q

Spending - Strings Rule

A

Congress can put strings on $$ to RR, if there is a CLUE why Reasonable Related Congress can Legislate No Undue Coercion Expressly stated

80
Q

General Char Evidence Rule

A

Gen, Evi of Char not admissible to show that person AICw/C. SA maybe in if show independent, non-propensity purpose (MIMIC).

81
Q

Perfection of Proceeds

A

Free 20 days of perfection. On the 21st day after attachment, the interest will become unperfected, unless (I 20 Home). Home = PON

  1. Identifiable cash proceeds
  2. Perfect the proceeds (using methods 1-5) w/in 20 days or
  3. Home office rule:
    i) Perfectable by filing
    2) Office would be same
    3) Not Acquired with cash proceeds
82
Q

Fighting Words

A

VILe behavior Violence Immediate Likely

83
Q

Trust Income and Principal Allocations

A
84
Q

Seizures of the Person - General Rule

A

Government REPs Wear PPE Gov Actor REP Warrant Proper Properly Executed

85
Q

Dissolution

A
  1. Dissol - ∆ in relationship of Ps. Cs get PN. Others who knew get NewspaperN. 2. WU - liquidate + pay Cs. 3. Terminate - p’ship end.
86
Q

Inventory

A

BLM no FP

Business supplies

Lease or sale - goods held in

Materials - raw

not FP

87
Q

Ways to bring a claim for constructive eviction

A

LL must fail to provide something he has a legal duty to provide. Check: LISA If duty, then SING Lease Itself IWH Statute Assumption of Repair Sub Interfere, Notice, Goodbye

88
Q

Hearsay and Confrontation Clause

A

6a: Accused has right 2 be confronted by Ws against him. No admission of H, even if fits exception/exclusion, if TUNE. GIT NTOE

89
Q

Waiver of Redemption

A

Art 9: D has R2R after default; can waive only after default. If in SA - invalid.

90
Q

Goods - Secured Credit

A

All things moveable when the SI attaches

91
Q

Express Conduct

A

Expressive Conduct is done on FaceBook or In Real Life FB or IRL(2c) Flag Burning or Intended + Reasonably Likely to convey

92
Q

Can commit felony murder when?

A

CAF Commission, Attempt, Flight

93
Q

Standing - Reqs

A

IRC I = CPH unless CEstS or OT Concrete or particularized harm. Congressional Est Clause Spending Own Taxes

94
Q

Assignments are revocable when:

Irrevocable when:

A

R: Gratuitous, unless RorR

(rely or receive)

IR: Consideration given.

95
Q

Grand Jury

A

This Grand Jury shit is going to blow up in my face because of the ACMES dynamite. Appear Counsel Miranda Exclude evidence Send Ws

96
Q

Speech

A

SEW Symbols Expressive conduct Words

97
Q

Exclusionary Rule (ER)

A

EVO CRIT Evidence in violation of constituational rights are inadmissible evidence @ trial.

98
Q

When can a trustee enter into a transaction that would otherwise violate their FDs?

A

TT CC S

  1. Transaction happened before T became T
  2. Trust says ok
  3. Court says ok
  4. Consent or ratified by B
  5. SoL ran - B didn’t bring a lawsuit w/in SoL

Shorthand Bar Prep (12 decks)

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