Things I forget easily Flashcards
3rdP Standing
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
Ex Post Facto
No alter criminal offense or punishment in EPF. State and Fed. Extremely Prejudicial Fashion
Pre Trial IDs
US MIL IS cannot be unncessarily suggestive, such that likely to produce a mis-ID unless independent source
Buyer v Secured Party
IAC
Strickland But for, specify particular error.
Exceptions to Negligence Per Se
Comply Imp or more D
12b6
PAPER Not Particular Allegations to make Plausible π Entitled 2 Relief
Standing - General Rule
CS in OoL Concrete stake in Outcome of Litigation
6A - Speedy Trial
Attaches when arrested or charged
DP Process Required
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
Artificial insemination
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
Modification of Child Support Order - Jx
Once court enters valid support award, it has continuing exclusive jx unless
1. all OFS or
2. parties consent to other states jx.
14A DPC Confessions
Pretty Cute COWS = exclude 1. Police coercive conduct? And 2. Overcomes will of suspect? = exclude fruit and confession
Child Support Factors
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
When Dissociation in Pship Wrongful
BEPA OR
TermP: WEB P Lib 4 D. Can’t participate in mgmt or WU
Compelling Gov Interests
RED Remedy past discrim Emergency/war Diversity in higher ed
Advancement/Satisfaction
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
- will says so
- 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.
2 Important Ways to Dissolve
P @ W: EW Diss PTerm: Dissoc of P -> w/in 90 days, 1/2 remaining agree to WU
Properly Excuted Warrant?
If you don’t execute your warrant properly, you SUCK Scope Unreasonable delay - not Coming w/ 3rdP unless to ID K/A
OG Agressor
only if WC or SEA Withdraw + Communicate or Sudden Escalation of Aggression
Right to Vote
RR to P not H Reasonable Reqs that protect not hinder
Public School Speech Analysis
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.
Public Employee Speech
Congress Taxes upheld if
RRR or ARA Reasonably related to revenue production OR Authority to Regulate Activity
Exceptions to Double Jep
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
Mistake
Mutual - voidable if BAM no AssumeR Unilateral - voidable if NMP K or R2K On Basic Assumption Material effect
Bs Revocation of Acceptance
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
DCC and P&I Chart
Write when HS and SC Tests Fail
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.
Felony Murder - Defenses
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
Proceeds
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
Design Defect
Way to make safer, MP, sim $$
Withdrawal from inchoate crimes
AL: BU NARE Attempt: MPC only, CAVE Solicitation: MPC only, renunciation Conspiracy: 1. from C itself (only MPC, only if thwart) 2. from future crimes: if AA + tell all co-cs and given them time to withdraw too
Marital Prop
You’ll surely DIE in ct if you try to take my NMP, unless I C that it became MP. Devise, Descent, Gift, Bequest Income from or appreciation of NMP Exchange for NMP Intent for it to be MP Commingled inextricably
Evidence obtained in violation of MW
Inadmissible @ trial unless PEPSI. I = vol C Physical Evidence Public Safety Impeachment - if voluntary confession
Not Valid Consideration
TIPP Time Barred Debt - get $$ written in letter Illusory Promise Past consideration Partial Payment of Debt Due + Undisputed - get all
Exculpation Clause relieves T of liability unless:
BIRD
Bad faith
Ind counsel not present + Direction of T to write in
Reckless
Relocation (Family law) Custody
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
Properly Issued Warrant?
PCP NDM can be anticipatory
Character Evidence Chart
Original Jx over Child Support Orders (not including modification)
1. Original Jx
Jx proper where 1st petition under UIFSA is filed.
Another state can only exercise if:
- 2nd pet filed before time to answer the 1st has expired.
- pet objected to jx in the first action
- 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
Shipment of NCG
A + B.
ASR. Ship + Notify NCG. No B; CO.
SH/Director Voting
Fixtures Analysis
Equipment (Secured Credit)
Goods other than inventory, farm products, CG
BER
- 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
Can State B enforce a support award issued in state 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
Failure of Condition
If CF, NO2P. Thus, NB. But, CE if 1. PP F2C 2. Waiver. Retractable unless DR.
Incomptency to stand for trial
- No rational + fact understand of charges/proceeding 2. No ability to consult w/ atty
Learned Treatises
1. SIRE 2. R by JET 3. Read only by expert or counsel. No need to rely by E.
- Use Substantively or Impeach if Reliable Est.
- 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
Default Judgment
Clerk enter if - no RIM + Certain Sum Otherwise, need Judge. Notice by Judge unless no R. Notice = 7 days
10A
PNG2US or PBS are R2SoP Includes general police power; no commandeering by fed gov
Impracticability
ImpRACTcAbility RA by no Ps Cir U Too much $$ + not AntiP by Ps
Adoption
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
Adequate Assurances
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.
Cannot decline to exercise jx for child custody if
- proper proceeding already pending elsewhere when pet filed, unless other ct defers
- person seeking in unjustifiable conduct
MCM
BM. RTAOA. W Suff under SOF. BindS. If R2K + no obj in 10 days - BindM2.
Commerce Clause
CIAA
Channels
Instrumentalities
Activities w/ sub effect on IC
Articles moving in IC
Authenticating Photos
W testify FAR Photographer not needed. Fair Accurate Rep.
Default
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.
Actions Requiring SH Amendment
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
Forced conveyances - Takings Analysis Eg. Conditioning building permit on giving easement to gov
Usually violate 5A. But city can impose if 1) close nexus 2) proportionality exists
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:
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.
14A 5
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.
6A R2Counsel
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.
Indirect taxes
Valid if GUST I indirectly am blown over by GUSTS Geo Uniform in States There
Miranda Analysis
Vagina Tempts College Idiots, Particularly Macho Weirdos Voluntary, Testimonial, Custodial, Interrogation by P/PKA, MW given, Wavier - VIK
To perfect a PMSI in non-consumer goods, creditor must
filing FS within 20 days after the debtor receives delivery of the collateral
Manufacturing Defect
Diff from IntD makes MD Proof: F2P as OrdC E
Appellate Jx
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
Unwed dad - way to est paternity
Child = dad’s if
- After birth - D marries M
- D holds out as C
- D consents on BC
- D formally acknowledge paternity
- Judgment of paternity
Property (DPD) Violation
LCEB Legit Claim or Entitlement to Benefit
Elimination of 5A Privilege
TIN Take stand (waive) Immune - use and derivative use; not transactional No possibility of incrimination
Refreshing Recollection
inspect, cross (use on), evidence (introduce to). If use to refresh b4 on stand, adversary can’t ICE, but judge can allow.
Custody
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
Under the UCC, absent cir suggesting otherwise, a clause barring ‘assignment’ is interpreted as:
CBA = OD. But still Breach.
Clause Barring Assignment = only delegation bar. But still breach.
Ways to terminate T/E
Carrie Bradshaw should ADD that when she terminates her marriage with Big that he sucks Creditor of Both Agreement by Both Death Divorce
Restitution
1. CB
2. REC
3. K or R2K (2)
4. UE
—-
Conferred benefit
Reasonable expectation of comp
Knew or Reason to Know
Unjust enrichment
Spending - Strings Rule
Congress can put strings on $$ to RR, if there is a CLUE why Reasonable Related Congress can Legislate No Undue Coercion Expressly stated
General Char Evidence Rule
Gen, Evi of Char not admissible to show that person AICw/C. SA maybe in if show independent, non-propensity purpose (MIMIC).
Perfection of Proceeds
Free 20 days of perfection. On the 21st day after attachment, the interest will become unperfected, unless (I 20 Home). Home = PON
- Identifiable cash proceeds
- Perfect the proceeds (using methods 1-5) w/in 20 days or
-
Home office rule:
i) Perfectable by filing
2) Office would be same
3) Not Acquired with cash proceeds
Fighting Words
VILe behavior Violence Immediate Likely
Trust Income and Principal Allocations
Seizures of the Person - General Rule
Government REPs Wear PPE Gov Actor REP Warrant Proper Properly Executed
Dissolution
- Dissol - ∆ in relationship of Ps. Cs get PN. Others who knew get NewspaperN. 2. WU - liquidate + pay Cs. 3. Terminate - p’ship end.
Inventory
BLM no FP
Business supplies
Lease or sale - goods held in
Materials - raw
not FP
Ways to bring a claim for constructive eviction
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
Hearsay and Confrontation Clause
6a: Accused has right 2 be confronted by Ws against him. No admission of H, even if fits exception/exclusion, if TUNE. GIT NTOE
Waiver of Redemption
Art 9: D has R2R after default; can waive only after default. If in SA - invalid.
Goods - Secured Credit
All things moveable when the SI attaches
Express Conduct
Expressive Conduct is done on FaceBook or In Real Life FB or IRL(2c) Flag Burning or Intended + Reasonably Likely to convey
Can commit felony murder when?
CAF Commission, Attempt, Flight
Standing - Reqs
IRC I = CPH unless CEstS or OT Concrete or particularized harm. Congressional Est Clause Spending Own Taxes
Assignments are revocable when:
Irrevocable when:
R: Gratuitous, unless RorR
(rely or receive)
IR: Consideration given.
Grand Jury
This Grand Jury shit is going to blow up in my face because of the ACMES dynamite. Appear Counsel Miranda Exclude evidence Send Ws
Speech
SEW Symbols Expressive conduct Words
Exclusionary Rule (ER)
EVO CRIT Evidence in violation of constituational rights are inadmissible evidence @ trial.
When can a trustee enter into a transaction that would otherwise violate their FDs?
TT CC S
- Transaction happened before T became T
- Trust says ok
- Court says ok
- Consent or ratified by B
- SoL ran - B didn’t bring a lawsuit w/in SoL
