Daily Reminders

Question 1

name the specific intent crimes

Answer 1

Solicitation
Conspiracy
Attempt
First Degree Murder
Assault
Larceny
Embezzlement
False Pretenses
Robbery
Burglary
Forgery

Students Can Always Fake A Laugh Especially For Ridiculous Bar Facts

Question 2

MPC Mental States

Answer 2

purposefully: conscious objective to achieve something.
Knowingly: aware that his conduct with likely cause a result.
Recklessly: consciously disregards a substantial and unjustifiable risk.
Negligently: fails to be aware of a substantial and unjustifiable risk.

Question 3

Accomplice liability

Answer 3

1st degree - someone who actually engaged in the act.
2nd Degree - Aids, advises, or encourages the principal AND IS present at the crime.
before the fact - aid, advise, or encourages BUT NOT present at the crime.
After the fact - persons who assist the principal after the crime.

Question 4

When are specific instances of conduct admissible into evidence?

Answer 4

When proving MIMIC:

Motive
Intent
(Absence of) Mistake
Identity
Common Scheme (Signature crime or modus operandi)

Question 5

Statements that are non-hearsay

Answer 5

1. Prior inconsistent statement (under oath).
2. Prior consistent statement (rebut lying)
3. Prior identification
4. Adopted by an opposing party (agent or co-conspirator)

Think: Prior Adoption

Question 6

Hearsay exceptions when the declarant is unavailable

Answer 6

1. Intentionally procured declarant’s unavailability
2. Former testimony
3. Statement against interest
4. Dying declaration
5. Statement of personal or family history

Intentional Testimony Against Dead Family

Question 7

Hearsay exceptions when Declarant is available

Answer 7

Family records
Learned treatise
Ancient documents
Public records
Property interest docs
Excited utterance
Reputation
Market report
Recorded recollection
Business records
Judgments
Medical diagnosis
Present sense impression
Present state of mind
Present bodily condition

FLAPPER - MR.BJ - Make PPP

Question 8

What is the Marriage of Lucas?

Answer 8

When one spouse dies, the other spouse has no SP interest and no claim for reimbursement unless she can establish that there was an agreement to have SP interest or be reimbursed.

Question 9

Anti-lucas statute

Answer 9

Upon death, same as lucas case: No reimbursement or SP interest unless express statement in deed/ title or written agreement.

Upon divorce, reimbursement is allowed for DIP.

Down payment
Improvements
Principal payments on mortgage.

Question 10

Business Valuation when business is started before marriage and grown during marraige:

Answer 10

PERERIA case - P: Personal skills and effort
Business is CP because of the personal skills and effort the spouse used to increase the value of the business.

VAN CAMP - VC: Valuable Company or asset; Value the Community labor, then the rest is SP.

Question 11

How to divide stock options

Answer 11

Marriage of Hug - (Length of marriage / total length of options.

Marriage of Nelson - (Length of options during marriage / total length of options)

Question 12

Common law elements to Burglary

Answer 12

Breaking and
Entering into the
Dwelling place of
anOther in the
Nighttime with
Intent to commit a felony therein

Question 13

MPC Elements to burglary

Answer 13

(1) A person entering;
(2) A building of another; and
(3) With the purpose to commit a crime therein.

Did away with dwelling and nighttime elements.

Question 14

Common law larceny

Answer 14

1) The unlawful taking and carrying away;
2) Of someone else’s property;
3) Without the consent of the owner; and
4) With the intent to permanently deprive the owner of the property.

Question 15

Requirements of a valid will

Answer 15

1. Legal Capacity
2. Testamentary Capacity — Sound Mind
3. Testamentary Intent
4. Formalities
   a. Attested [witnessed]
   b. Holographic [entirely in testator’s handwriting]

Question 16

Insanity defense tests

Answer 16

1) MPC - lacked the capacity to appreciate the criminality OR conform his conduct to the law.
(Mental caPacity Conduct)
2) Irrestistible Impulse test - unable to control his actions or conform his conduct to the law.
3) m’Naughten Rule - D has a disease of the mind, and it caused the defect of reason, and D lacked the ability to know the wrongfulness of hs actions or understand the nature and quality of his actions.
Not (Naught) Ten/ten
4) Durham Test - crime was a product of mental illness.

M.I.N.D.

Question 17

Trust Formation elements:

Answer 17

1) Intent,
2) Identifiable Corpus (property)
3) Beneficiaries
4) Proper purpose
5) mechanics and formalities (SOF, etc.)

Question 18

PR Duties of an attorney

Answer 18

1. Confidentiality
2. Loyalty
3. Financial Responsibilities
4. Competence
5. Candor/Truthfulnes
6. Fairness
7. Dignity/Decorum

Mnemonic: Clients Love Fierce Counsel; Courts Feel Differently.

Question 19

Discrimination - suspect classes and fundamental rights

Answer 19

.

Question 20

Cases where statute of frauds is required

Answer 20

1. Marriage
2. Year (one)
3. Land sale
4. Executor contracts
5. Guarantor assuming debt
6. Sale of goods > $500

MY LEGS

Question 21

Felony Murder Crimes

Answer 21

Burglary
Arson
Assault
Robbery
Kidnapping

BAARK

Question 22

Crime Defenses

Answer 22

CANDID CRIME I PAID

Consent
Arrest
Necessity
Duress
Insanity
Diminished Capacity

Claim of right
Resisting unlawful arrest
Intoxication
Mistake
Entrapment

Impossibility

Prevention of crime
Abandonment
Infancy
Defense (self, others, property)

Question 23

Non-hearsay

Answer 23

Prior Inconsistent statement under oath
Prior consistent statement to rehab or rebut charge of lying.
prior statement of ID
Adoptive admission (opposing party statement)

PRIOR ADMISSION

Question 24

Suspect Classification

Answer 24

Race
Alienage (sometimes)
National origin

RAN

Question 25

Fundamental rights

Answer 25

1st amendment Voting Interstate travel Privacy 1 VIP

Question 26

Civ Pro defenses

Answer 26

(1) lack of subject-matter jurisdiction; (2) lack of personal jurisdiction; (waivable) (3) improper venue; (waivable) (4) insufficient process; (waivable) (5) insufficient service of process; (waivable) (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19. 2-5 are waivable.

Question 27

Reasons for relief of judgment and new trial

Answer 27

1) mistake, surprise, excusable neglect (within 1 year); 2) newly discovered evidence (within 1 year); 3) fraud by the other party (within 1 year); 4) judgment void; 5) judgment satisfied; 6) any other reason that is determined to be fair by the court.

Question 28

Federal service requirements

Answer 28

1) personal service; 2) left at the home with suitable age living there; 3) service upon authorized agent; 4) under state rules; 5) vial mail by waiver

Question 29

When is venue proper?

Answer 29

1) any district where a D resides if all D's are in-state; 2) where the action occurred; 3) if not 1 or 2, then any state where PJ is satisfied for any D.

Question 30

Elements for issue preclusion

Answer 30

1) prior action ended in Final judgment 2) issue actually Litigated 3) issue was Essential to the judgment 4) party bound by prior judgment was a party or in Privity in prior action. FLEP Final Litigation Essentially Privity

Question 31

Privacy Torts

Answer 31

1) appropriation for Commercial advantage 2) intrusion upon Seclusion 3) false Light 4) public disclosure of Private fact. CILP Commercial Intrusion Lights Privates

Question 32

Lemon Test

Answer 32

Two dudes entangling arms, sharing a urinal, saying Per-Fect excessive entanglement non-secular purpose effect to enhance religion.

Question 33

Slander per se

Answer 33

Damages are presumed Crimes Loathesome disease Unchastity of woman Business CLUB

Question 34

Intentional Infliction of Emotional Distress

Answer 34

1) Intentional conduct 2) Extreme and outrageous 3) Distress (emotional) IED

Question 35

Commerce Clause analysis

Answer 35

Congress may regulate: 1) Channels 2) Instrumentalities 3) Activities with substantial effect CIA. For intrastate activities, rational basis applies if there is: 1) economic or commercial activity 2) the activity IN AGGREGATE substantially affects interstate commerce. Cannot aggregate non-commercial activites

Question 36

Murder Essay Analysis

Answer 36

Murder is the unlawful killing of another human being with malice aforethought. Malice aforethought is present when the defendant has any of the following states of mind: (i) the intent to kill, (ii) the intent to inflict great bodily injury, (iii) reckless indifference to an unjustifiably high risk to human life, or (iv) the intent to commit a felony.

Question 37

4th amendment template

Answer 37

4th amendment is applicable to the states via the 14th amendment. Was there Government Conduct? Was there a Reasonable Expectation of privacy? Warrant requirement (Yes, unless exception) Exceptions

Question 38

Commerce power Template

Answer 38

Under the commerce clause, Congress has the broad power to regulate the 1) channels, 2) instrumentalities, and 3) activities of interstate commerce. (CIA) Only economic activities that are have a substantial effect on interstate commerce can be regulated under prong 3. Congress may regulate intrastate activities if, in in aggregate, the activities could have a substantial effect on interstate commerce.

Question 39

Dormant Commerce Clause Template

Answer 39

A state law that discriminates against out of state competition is invalid unless: 1) the law furthers an important state interest and there are no reasonable alternatives. 2) state is a market participant 3) the action is a traditional government function (voting). A law that doesn't discriminate is invalid if the burden to interstate commerce outweighs the state's interest.

Question 40

Personal Jurisdiction Template

Answer 40

``` TRADITIONAL PJ LONG ARM STATUTE CONSTITUTIONAL LIMITATIONS For the court to have PJ over an out-of-state person or entity, the exercise of PJ must be authorized by long arm statute and must be constitutional which means there must be sufficient contacts with the forum state so as to not offend the traditional notions of fair play and substantial justice. - Minimum contacts - Purposeful availment - Foreseeability - Relatedness of the claim to the contact ``` ``` GENERAL JX SPECIFIC JX - fairness - Convenience - state's interest - other factors ```

Question 41

False Imprisonment Elements

Answer 41

unlawful confinement without consent that substantially interferes with the victims liberty.

Question 42

Contracts Essay Template

Answer 42

``` Governing Law Contract formation SOF Breach Damages ```

Question 43

Defenses to Contract formation

Answer 43

``` Mistake Unconscionability Statute of frauds Capacity (lack of) Illegality Duress/fraud ``` MUSCID

Question 44

Duty of director

Answer 44

Duty of care. Duty to disclose. duty of loyalty