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MBE Flashcards

(52 cards)

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1
Q

MIMIC (Evidence)

Evidence otherwise barred May be offered to prove:

A

Motive, Intent, Absence of Mistake, Identity, Common Plan

This includes specific bad acts on CX, or evidence barred by public policy considerations (ex. Insurance policy offered to prove motive for arson)

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2
Q

PITT (Real Property)

Joint tenancy requirements: unity of

A

Possession, Interest, Title, Time

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3
Q

CATS (Criminal Law)

Inchoate crimes

A

Conspiracy, Attempt, Solicitation

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4
Q

FIAT (Criminal Law)

Specific intent crimes

A

Specific intent crimes:

First degree murder,** I**nchoate Crimes, Assault, Theft crimes (ALL)

Theft crimes include: Robbery, Larceny (incl. larceny by trick), False pretenses, Embezzlement, and Forgery

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5
Q

SKEET (Evidence)

Daubert expert criteria

A

Skill, Knowledge, Experience, Education, Training

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6
Q

PST! RAVE (Con Law)

Situations that trigger SS

A

Privacy, Speech, Travel, Race, Alienage (sometimes), Voting, Ethnicity

Alienage is SS only if it involves a state v resident aliens; else RB

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7
Q

U SMALL MIND (Contracts)

Reasons to not enforce a contract

A

Unconscionability, Statute of Frauds, Mistake, Ambiguity, Lack of Consideration, Lack of Capacity, Misrepresentation, Influence (undue), Non-disclosure, Duress

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8
Q

AID(Criminal Law)

Factors mitigating murder to voluntary manslaughter

A

Adequate provocation, Imperfect self-defense, Diminished capacity

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9
Q

ESCAPES (Criminal Procedure)

When warrantless searches/seizure permissible

A
  • Exigent circumstances (including community caretaking, hot pursuit, destruction of evidence)
  • Search incident to lawful arrest
  • Consent
  • Automobile
  • Plain view
  • Evidence obtained from admin searches
  • Stop and frisk
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10
Q

ASS (Criminal Procedure)

With PC, exceptions to seizure warrants

A

Arrest, Stop and frisk, Seizure by deadly force

RS sufficient for stop and frisk

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11
Q

SCAT (Criminal Procedure)

Exceptions to search and seizure warrants

A

Search incident to lawful arrest, Consent search, Administrative search, Terry stop

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12
Q

PVPs

Waivable defenses

Must be put in first Rule 12 response, motion or answer

A

No Personal Jurisdiction, Improper Venue, Improper Process, Improper Service of Process

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13
Q

“First Deputy on the SSS” (Evidence)

Hearsay Exceptions Requiring Unavailability

A

Former testimony, Dying declaration, Statement against interest, Statement of personal/family history, Statement against party who procured declarant’s unavailability

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14
Q

HEC-N (Torts)

Abnormally dangerous activity components

A

High risk of physical harm, and Elimination of that risk is impossible
despite reasonable Caution
Activity Not common in community

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15
Q

ZDPS (Torts)

NIED - Near Miss Cases

A

P was in Zone of Danger
P suffered Physical Symptoms from distress

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16
Q

CPP (Torts)

NIED - Bystander Cases

A

P and injured person Closely related
P present at the scene,
Personally observed the event

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17
Q

AHCK! (Torts)

Landowner duties to known trespassers

A

Landowner must warn known trespassers of Artificial, Highly dangerous, Concealed,** K**nown conditions

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18
Q

Louis CK (Torts)

Landowner duties to licensees

A

Licensees must be warned of Concealed, Known dangers

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19
Q

ICKD (Torts)

Landowner duties to invitees

A

Landowners must warn** I**nvitees of Concealed and Known or Discoverable dangerous conditions

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20
Q

“Please Make Everyone Careful” (Torts)

Special relationships imposing duty to control another’s behavior

A
  • Parent/child
  • Mental health professional/patient
  • Employer/employee
  • Custodian/prisoner
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21
Q

“Please Help Ensure Safety Concerns Can’t Injure” (Torts)

Special relationships imposing duty to protect another

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A
  • Parent/child
  • Hospital/patient
  • Employer/employee
  • Shopkeeper/business invitee
  • Common carrier/passengers
  • Custodians/person in custody
  • Innkeeper/guests
22
Q

EIC (Con Law)

Elements of the Penn Central balancing test

Study These Flashcards
A
  • Extent to which regl. interferes w/ investment-backed expectations
  • Impact of the regulation on claimant (financially)
  • Character of gov’t action - is it for the public welfare?

Penn Central test applies when a partial taking occurs

23
Q

PUSH (Con Law)

Factors demonstrating field preemption

Study These Flashcards
A
  • Pervasiveness of federal regl.
  • Uniformity of fed regl.
  • Similarity between fed/state law
  • History of subject matter (typically state/federal?)
24
Q

MILD (Con Law)

Federal police power encompasses

Study These Flashcards
A
  • Military
  • Indian tribes in Indian land
  • Fed Lands/territories (excluding wild animals in federal land)
  • DC
25
**EAR PVP** (Con Law) | Powers of POTUS
* **E**nforcement of laws: Take Care Clause. May delegate to other exec officers * **A**ppointment power: Can appoint officers and high-level officials w/ Senate consent * **R**emoval power: Can remove high-level, purely executive officials w/o cause * **P**ardon power: Can pardon federal criminals * **V**eto power: Must wholly veto proposed legislation w/in ten days of passing; otherwise, law * **P**rivileges: Absolute privilege to refuse to disclose nat'l security interests. Qualified privilege to confidential communications between POTUS and advisors.
26
**BREW** (Con Law) | POTUS Powers as Commander in Chief
* **B**attlefield tactical decisions * **R**espond to attacks (only Congress can declare war) * **E**mergency power (send troops abroad w/o declaration of war) * **W**artime power (seize private property in wartime)
27
**First VIP** (Con Law) | Fundamental rights (SS)
* **F**irst Amendment freedoms (speech, religion, association) * **V**oting * **I**nterstate travel * **P**rivacy rights (CAMPER minus the A)
28
**CAMPER minus the A** (Con Law) | Privacy rights under substantive due process (SS)
* **C**ontraception * *Abortion - no longer privacy right, gets RB review* * **M**arriage * **P**rocreation * **E**ducation (private) * **R**ight to raise your family
29
**RAN** (Con Law) | Suspect classifications under the Equal Protection Clause (SS)
* **R**ace * **A**lienage (unless public function at issue) * **N**ational origin
30
**"Clients love fierce counsel; courts feel differently"** (PR) | Major ethical obligations
**C**ompetence, **l**oyalty, **f**ees, **c**onfidentiality to clients, **c**andor, **f**airness, **d**iligence & decorum
31
**"I can't practice running backwards"** (Trusts) | Requirements of a valid trust
**I**ntent to create a trust, **c**ompetence, valid **p**urpose, **r**es, ascertainable **b**eneficiaries
32
**G**ood **D**og (Remedies) | Grounds for rescission of a contract
**G**rounds: NO mutual assent (found via party's verbal bad acts: mistake, fraud, misrepresentation OR an underlying issue with the contract: illegality, undue influence, lack of capacity, lack of consideration) and no **D**efenses (laches, unclean hands) | Rescission voids K, putting parties where they were if K not formed ## Footnote Plaintiff's negligence is NOT a defense to rescission
33
**V**ery **G**ood **D**og (Remedies) | Grounds for reformation of a contract
**V**alid contract (i.e., mutual assent), **G**rounds (mutual or unilateral mistake, misrepresentation), and no **D**efenses | Reformation rewrites K to conform to parties' true intent ## Footnote Plaintiff's negligence is not a defense to reformation
34
**"Vinny Can't Intentionally Fall Down"** (Contracts/Remedies) | When specific performance available
D must perform when: * **V**alid K with definite/certain terms * **C**onditions for performance met * **I**nadequate legal remedies (ex. unique good, land automatically unique) * **F**easibility of enforcement * **D**efenses unavailable
35
**BaMaNa** (Contracts/Remedies) | Elements of mutual mistake
* Mistake involves **B**asic **a**ssumption on which K was made, * **M**aterially **a**ffects the K, and * Party seeking avoidance did **N**ot **a**ssume the risk
36
**First Discuss Over Coffee** (PR) | Requirements to enter into business transaction with C
* **F**air terms, * **D**isclosed to client, and C has * **O**pportunity to get outside counsel, and C gives informed * **C**onsent
37
**VIDS** (Crim) | Factors triggering aggravated assault
* **V**iolent crime **I**ntended * D used a **D**angerous weapon, or * Victim was **S**pecially protected (child, woman, police officer) | Aggravated assault is a felony
38
**SIDS** (Crim) | Factors triggering aggravated battery
* Victim was **S**eriously **I**njured * D used a **D**eadly Weapon, or * Victim was **S**pecially protected (child, woman, police officer) | Aggravated battery is a felony
39
**VIT** (Real Property) | Requirements to enforce benefit of covenant
* **V**ertical Privity * **I**ntent * **T**ouch and concern
40
**NIT** (Real Property) | Requirements to enforce burden of equitable servitude
* **N**otice * **I**ntent * **T**ouch and concern
41
**NIT+HV** (Real Property) | Requirements to enforce burden of covenant
* **N**otice * **I**ntent * **T**ouch and concern * **H**orizontal privity (relationship between original parties apart from covenant) * **V**ertical privity (successor in interest takes entire interest)**
42
**DERP** (CrimPro) | Two-prong Strickland test for ineffective assistance of counsel
Deficient beyond (reasonable) Expectations, and Reasonable Probability of a different outcome if counsel were not deficient
43
**SWAP** (Contracts) | UCC exceptions to the SOF
* **S**pecially manufactured goods * **W**ritten merchant's confirmation (when signed, will bind recipient if sent w/in reasonable time + receipient receives but fails to object w/in 10 days) * **A**dmission in court (up to quantity admitted) * **P**artial performance (ex. payment made + accepted, goods received + accepted)
44
**DINED** (Crim/Pro) | Affirmative defenses (proved by D by preponderance of evidence)
* **D**uress * **I**ncapacity * **N**ecessity * **E**ntrapment * **D**efense of person/property | The availability of these defenses can be modified by statute ## Footnote DP does NOT apply to these defenses
45
**WIPE** (Real Prop) | Ways of creating easements
* **W**riting (express easement) * **I**mplication by necessity * **P**rescription * **E**stoppel
46
**DAMPER** (Real Prop) | Ways of terminating easements
* **D**estruction of servient estate * **A**bandonment * **M**erger * **P**rescription * **E**stoppel * **R**elease in writing
47
**SIR** (Real Prop) | LL's options when T wrongfully abandons lease
* **S**urrender: LL treats T's abandonment as an offer of surrender and accepts, thereby ending the lease * **I**gnore the abandonment and hold T responsible for unpaid rent until the natural end of the lease. Generally, LL can only do this if they * **R**e-let the premises and hold T liable for any deficiency
48
**SING** (Real Prop) | Elements of constructive eviction
* **S**ubstantial **I**nterference: Chronic/permanent problem * **N**otice: T must notify L * **G**oodbye: If LL fails to remediate, T must vacate w/in reasonable time
49
**MR(3)** (Real Prop) | T's remedies when LL breaches the implied warranty of habitability
* **M**ove out and terminate lease, or * **R**epair and deduct cost from rent * **R**educe/withhold rent until court determines fair rental value * **R**emain in possession, pay full rent, and seek money damages
50
**"In Certain Circumstances, An Appeal Can Be Made Prematurely"** (CivPro) | Grounds for interlocutory appeals
* **I**njunction grant/denial * **C**ertification by d. ct. (statutory appeal) * **C**lass action certification/denial (must appeal w/in 14 days granting) * **A**ppointment of receiver * **A**dmiralty case * **C**ollateral order doctrine * **B**ankruptcy cases (certain orders) * **M**andamus * **P**atent infringement order
51
**PIIG** (CrimPro) | Exceptions to the exclusionary rule
* **P**assage of time * **I**nevitable discovery * **I**ndependent source rule * **G**ood faith reliance on warrant
52
**UFC** (Crim) | Nature of a killing qualifying under felony murder
* **U**nintended * **F**oreseeable * (proximately) **C**aused by or during commission of an inherently dangerous felony

CA Bar Acronyms (1 decks)

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