Mnemonics

Question 1

Amending a federal pleading to add a time-barred related claim can be done with an ANT:

Answer 1

A – It AROSE out of the same facts pleaded in the original complaint
N – The original pleading gave NOTICE of the new claim
T – The new claim was TIMELY when the original pleading was filed with the County clerk

Question 2

There are 2 types of corrective motions – SS:

Answer 2

S – A motion for a more definite STATEMENT in the pleading
S – A motion to STRIKE irrelevant, prejudicial, or scandalous matter from a pleading
Rule 12(f) and (e)

Question 3

In a Rule 12(b)(6)motion to dismiss, court opinions always cite FAT DRIP:

Answer 3

The complaints FACTUAL ALLEGATIONS are accepted as TRUE, and the court will DRAW
all REASONABLE INFERENCES in the PLAINTIFF’S favor

Question 4

A Rule 65 federal preliminary injunction or T.R.O. will not be granted unless the P demonstrates
by clear and convincing evidence LIE:

Answer 4

L – LIKELIHOOD (a probability not certainty) of the P’s success
I – IRREPARABLE injury is occurring or will occur to the P unless the preliminary
injunction is granted
E – EQUITIES, when balanced by the court, clearly tip in the P’s favor

note: Federal Rule 65(b) limits a T.R.O. not to exceed 14 days but for good cause it can be extended
another 14 days. To get it ex parte, show “immediate and irreparable injury”

Question 5

In Federal Practice, use AID MD devices for pre-trial discovery:

Answer 5

A – ADMISSIONS demand
I – Written INTERROGATORIES
D – DEPOSITIONS (a.k.a. EBTs – “examinations before trial”)
M – MENTAL and Physical Exam
D – DISCOVERY & Inspection of evidence

Question 6

Object to the form of the question at an EBT or trial based on A CLAM’S BAR:

Answer 6

A – AMBIGUOUS Question
C – COMPOUND Q (asking 2 things at once)
L – LEADING Q on direct exam
A – ARGUMENTATIVE & badgering Q
M – MISQUOTING an earlier statement
S – Ask the witness to SPECULATE
B – An overly BROAD Q
A – ASSUMING a fact not in evidence when asking Q
R – REDUNDANT Q on direct exam (previously asked & answered by witness)

Question 7

A DRIPS are discovery sanctions: (Rule 26(g))

Answer 7

A –ATTORNEY’S FEES & punitive sanctions against non-disclosing party
D – DISMISSING an action against A DRIPS P or ordering a DEFAULT judgment against A
DRIPS
R – RESOLVING issues against a non-disclosing party
I – An adverse INFERENCE jury charge
P – PRECLUDING that party from offering evidence on certain issues
S – STRIKING that party’s pleading or any part thereof

Question 8

A valid deed requirements: a valid Deed Needs Simple Words

Answer 8

D- description of property
N- name of grantee
S- signature of grantor
W- words of conveyance

Question 9

ways to create an easement PINEE

Answer 9

P- prescription
I- implied 
N- necessity
E- Estoppel
E- express

Question 10

OCANS is required for an easement by prescription

how can you prevent an easement by prescription?

Answer 10

O- Open
C- continuous
A- adverse
N- notorious
S- statutory period 

continuous interference with statutory period

Question 11

Implied easement created by NCCAP

Answer 11

N- reasonably Necessity
C- common grantor of servient and dominant estates
C- C = Continuous use of the easement from grantor to current owner
Apparent (visible) use of servient estate by dominant estate
P- use of easement of servient estate by dominant estate Prior to grant (a.k.a.], quasi-easement)

Question 12

this land contract must be valid because Sarah Weinblatt Doesnt Lie C

Answer 12

S- signed
W- writing
D- description of land
C- consideration

Question 13

only a LASS can get a negative easement (restriction)

Answer 13

L- Light
A- Air
S- support of structures
S- stream water from artificial source

Question 14

Ways An Easement Can Terminate

[TAMPERED your easement or it will die]

Answer 14

T = Terms that give rise to end of easement
A = Abandonment - actions of owner of dominant estate indicates intention to abandon
M = Merger of dominant and servient estates (one person comes to own both properties)
P = Prescription - owner of servient estate shows that they prevented use for statutory period (20 years)
E = Estoppel - reliance on oral promise
R = Release - written termination by holder of dominant estate
E = End of the necessity
D = Destruction of the servant estate

Question 15

Corporation Formation A PAIN

Answer 15

Authorized Shares
Purpose
Agent
Incorporators
Name of Corp

Question 16

I had a covenant WITH V

Answer 16

W riting
I ntent
T ouch and concern
H orizontal
V ertical

Question 17

The Rule against perpetuities does not apply to R IV

Answer 17

future interests retained by the Grantor: possibility of Reverter, Reversion, or Right of Reentry

Indefeasibly vested remainders

Vested remainders subject to defeasance

Question 18

The ways to sever a joint tenancy can be remembered with the bar exam mnemonic G-SAM.

Answer 18

Give it away during life (conveyance),

Sign a contract for sale,

Actual foreclosure/judicial sale by a judgment lien creditor, and

to execute a Mortgage in a title theory state.

Question 19

NFF!! The sound of Void deeds

note: A void deed will be set aside and have no legal effect even to a BFP for value

Answer 19

Not delivered
Fraud in the Factum
Forged

Question 20

These deed are Voidable you DUMB MF’er

note: the deed may be set aside by election for any of these reasons the deed is voidable but only if it has not yet passed to BFP

Answer 20

Duress
Undue Influence
Mistake
Breach of Fiduciary Duty

Minor/incapacitated
Fraud in the inducement

Question 21

UCC 9 Essay Test Question Approach

[Seven Angry Creditors Persistently Pursue Secured Parties Relentlessly]

Answer 21

S = Is there a Security Agreement?

A = Has the security interest Attached?

C = What is the classification of the Collateral?

P = Is this a Purchase Money Security Interest (PMSI)?

P = Is the security interest Perfected?

S = What is the Status of the party?

P = What Priority rule applies?

R = What Remedy is available?

Question 22

Attachment makes a security interest enforceable. Attachment occurs when the LAST of these three requirements are met

[VCR]

Answer 22

V = Value given by the secured party to the debtor

C = Contract agreement that security interest attach

R = Debtor has Rights in the collateral

Question 23

Secured Trans. Creditor Priorities “Bitch In Charge, PACked her Little Car, with No Cold Beverages, then Upped the A/C, to Get us Cold”

Answer 23

Buyer in ordinary course
Perfected and attached creditor
Lien creditor
Non ordinary course buyer
Attached unperfected creditor
General unsecured creditor

Question 24

A plaintiff can find res ipsa loquitor in a PEA

Answer 24

P – Probability that the plaintiff was injured through no fault of his own
E – D had Exclusive control over the instrumentality that caused the injury
A – Absent negligence, the injury would not have occurred

Question 25

A SWAN is strictly liable in tort

Answer 25

A – Abnormally Dangerous Activity S – Strict Products Liability W – Worker’s job related injury (Worker’s Comp) A – Injuries caused by wild Animals or vicious domestic animals N – Neg Per Se

Question 26

If you inflict emotional harm, you’ll have a SAD CEO

Answer 26

CEO – D's intentional or reckless CEO (Conduct that was Extreme and Outrageous) exceeding all bounds usually tolerated by a decent society, and SAD – D’s conduct caused P to suffer SAD (Severe And Debilitating) emotional anguish

Question 27

A defamer is privileged when she has JET LEG

Answer 27

J – Defamatory Statements in the course of a Judicial proceeding E – Confidential defamatory communications spoken between spouses who are deemed one Entity, when a spouse is sued for defamation T – Truth L – Statements by Legislators made in legislative chambers E – Executives of state, local or federal governmental or administrative agencies making defamatory statements in furtherance of their official duties G – Statements made to Bar Association Grievance Committees

Question 28

False Imprisonment puts you IN A Crib

Answer 28

Intentional No reasonable means of escape Awareness of confinement or actual harm Confined or Restrained in a Bounded area

Question 29

Battery Mnemonic. IHOC

Answer 29

Intentional- subjective intent of actor with specific purpose or knowledge Harmful or Offensive Contact- direct or indirect contact with victim or what victim is holding

Question 30

Assault. IA IHOC APA:

Answer 30

``` Imminent Apprehension of an Intentional Harmful or Offensive Contact with an ApparentPresentAbility to carry it out ```

Question 31

Intentional Infliction of Emotional Distress - Mnemonic. ICOEDS:

Answer 31

``` Intentional Conduct Outrageous and Extreme Distress Severe ```

Question 32

Trespass to land requires WRIC

Answer 32

Wrongful invasion- entering without permission, being asked to leave but refusing, or placing an object on the land without permission of Real Property with Intent to enter, remain, or place a physical object on the property Causation (D's act causes invasion)

Question 33

Intentional Tort- Defenses "Crazy Silly Double Dealing Dirty Dog Leave Right Now, Never Return Ever"

Answer 33

1. Consent 2. Self Defense 3. Defense Of Others 4. Defense Of Property 5. Discipline 6. Detention For Investigation (shopkeepers privilege) 7. Legal Authority 8. Reentry Of Land Wrongfully Withheld 9. Necessity (Public) 10. Necessity (Private) 11. Recapture Of Chattel Wrongfully Withheld 12. Entry To Abate A Nuisance

Question 34

An agent is personally liable if she TOUTS her activity:

Answer 34

T – The agent commits TORTIOUS conduct, in which case the agent is personally liable for those harmed O – The agent acted OUTSIDE her authority, or she acted without any authority, giving rise to a cause of action for breach of the implied-in-law warranty of authority U – The agent acted on behalf of an unnamed or UNDISCLOSED principal T – The agent served TWO principals without full disclosure to each principal and without obtaining their informed consent S – SELF-DEALING by the agent with the principal’s business opportunities

Question 35

A BID can terminate an agency relationship:

Answer 35

A – An ACT of the agent or principal unilaterally terminating the agency contract B – BANKRUPTCY of the principal I – INCOMPETENCY of the principal, unless the principal signed NY’s “Durable Power of Attorney” D – DEATH

Question 36

She DRAWS profits, but she’s not a partner:

Answer 36

``` D – Payment of a DEBT R – Payment of RENT A – Payment of an ANNUITY to a partner’s SS W – WAGES S – SALE of the good will of a business ```

Question 37

Every partner has PMS:

Answer 37

P – The right to use partnership PROPERTY M – The right to participate in MANAGEMENT of the partnership S* – The right to SHARE in partnership profits and the return of capital contributed

Question 38

The court will dissolve a CLUB J partnership:

Answer 38

C – One partner can’t CARRY on her share of the work L – The partnership can only be carried on at a LOSS U – One partner is of UNSOUND mind B – One partner PERSISTENTLY breaches the partnership agreement J – On other grounds that the court finds JUST and equitable

Question 39

An employer of an independent contract is liable if the work to be performed invokes BIP:

Answer 39

B – It injures a BUSINESS INVITEE I – It’s INHERENTLY dangerous; or P – It endangers the PUBLIC WAY

Question 40

The court will dissolve a CUB partnership:

Answer 40

C – One partner can’t CARRY on her share of the work U – One partner is of UNSOUND mind B – One partner PERSISTENTLY breaches the partnership agreement

Question 41

principal has duties to his agent RICI +

Answer 41

R - reasonable compensation (if agreement is silent) I - duty to indemnify an agent for losses incurred payments made that arise from the agency relationship CI- duty to Cooperate with agent and not unreasonably Interfere with agents actions and any additional duties created by the agency agreement

Question 42

agents are bound by the duties of LOR

Answer 42

Loyalty Obey reasonable instructions Reasonable care

Question 43

RAMPS for Justiciability Requirements

Answer 43

``` Ripeness Advisory Opinions Mootness Political Question Standing ```

Question 44

A content-neutral regulation must be a reasonable SON of the 1st amendment

Answer 44

S – The restriction must be justified by a Significant governmental interest O – The regulation must leave Open ample alternative channels of communication AND N – The regulation must be Narrowly tailored to further the government’s goal, but doesn’t have to be least restrictive means of doing so

Question 45

All commercial speech restrictions with STAN are valid

Answer 45

S– Government must have a SUBSTANTIAL INTEREST to restrict the speech T – Advertisements must be TRUTHFUL and concern lawful products and services A – Governmental restrictions must directly and materially ADVANCE the government’s “substantial interest” in enacting the law (and there must be “reasonable fit” between the state’s goal and means used to achieve that goal) N – The regulation must be NARROWLY-DRAWN and must not be more extensive than necessary to achieve the government’s substantial interest

Question 46

Fundamental rights drink from the Equal Protection VAT

Answer 46

V – Voting rights A – Access to courts T – The right to Travel throughout the US

Question 47

The President always wears his VET’S CAP

Answer 47

V – Veto Power over Congressional Acts E – Executive Power to “take care” that laws of the US are faithfully executed T – Treaty Power S – State of the Union recommendation to Congress for proposed legislation C – Commander in Chief of the armed forces A – Appointment power over ambassadors, judges of the Supreme Court, and other “superior officers” of the US P – Pardon Power over federal crimes S – Power to call a Special Session of Congress

Question 48

PIEPER FIT WABCD in Congress (express powers of Congress, enumerated in Article I of the US Constitution)

Answer 48

P – Post office I – Investigatory power to find facts in order to pass legislation E – Enforcement of federal civil rights under the 13th, 14th, and 15th amendments P – Property power E – Federal Elections R – Raising revenues by taxing F – Fiscal power I – The power to regulate Inferior federal courts and their procedures T – Treaty power W – The power to declare War A – Power over Aliens and their naturalization to become citizens B – Bankruptcy C – International and interstate Commerce D – District of Columbia police power

Question 49

Standing Requirements ICR

Answer 49

1) Injury 2) Causation 3) Redressability

Question 50

The Commerce Clause can regulate the CIA

Answer 50

Channels of Interstate Commerce Instrumentalities of Interstate Commerce Activities of Interstate Commerce

Question 51

Time, Place, Manner Restrictions for Public Forum/Limited Public Forum Yes we CAN

Answer 51

Content-neutral regulation Alternative channels of communication Narrowly tailored to serve an important gov't interest

Question 52

Lemon SEX test to see if it violates the establishment clause

Answer 52

Secular Purpose Effect (primary) does not advance or prohibit religion EXcessive Gov't Entanglement with Religion (does not promote)

Question 53

Privileges and Immunities claims cannot be asserted by RAG CAP:

Answer 53

R – A RESIDENT of the state who’s law is being challenged (i.e., the P here must be a non-resident or a newly arrived resident) A – ALIENS G – The U.S. GOVENMENT C – CORPORATIONS A – ASSOCIATIONS (partnerships, LLCs, etc.) P – PARTNERSHIPS

Question 54

IOU an abandonment divorce

Answer 54

I—the D left the marital home with the INTENT not to return O—The abandonment continued for ONE year or more, but a separation COA based on abandonment can be for any time period provided the other IOU element are satisfied U—The D's abandonment was UNJUSTIFIED and without the P's consent

Question 55

In a motion seeking custody or seeking a change in custody based on a substantial change in circumstances, the court considers the following factors, but no single factor is controlling—FLIP DADS

Answer 55

F—FINANCIAL ability of each parent L—LIFESTYLE of each parent and any adverse effect on the child I—How the INITIAL custody arrangement was made—that is, was it made on consent of the non-custodial parent? Or was it made after a full trial on the BIC issue P—Which parent served as the child's PRIMARY caretaker in the past D—DESIRES of the children (younger children can be manipulated by parents, so courts less likely to give their decisions much weight) A—Parents' AVAILABILITY, ability, and living arrangements available for child custody D—prior incidents of DOMESTIC violence, which must be established by a preponderance of the evidence S—SIBLINGS should not be separated

Question 56

MA/PA can terminate CUSTODY

Answer 56

MENTAL illness • EX: schizophrenia or retardation of a parent A—parent's ABANDONEMENT of the child by failing to contact the child (no visits or communication) for 6 consecutive months P—PERMANENT neglect of the child EX: where the parent is a hopeless drug addict A—ABUSE of the child either severely or repeatedly/physically or mentally

Question 57

A spouse’s P2IGS are separate (not marital) property

Answer 57

P – Property acquired by either spouse Prior to the marriage P – Personal injury awards to one spouse during the marriage I – Property Inherited by one spouse during the marriage G – Gifts to one spouse only, from someone other than the other spouse S – Property purchased with one spouse’s Separate property

Question 58

CAN'T RIP apart the class

Answer 58

``` To file a class action, you need all 4 prerequisites and 1 of the 3 grounds: 4 Prerequisites: C = Commonality - common issues between parties A = Adequacy - reps fairly and adequately protect interests of class N = Numerosity - too many parties requires too many separate trials T = Typicality - reps are typical of class ``` ``` 1 of 3 grounds: R = Risk of adverse effects from separation actions I = Injunctive relief is applicable to the class P = Predominance of common questions ```

Question 59

Categories of unprotected speech FIDO

Answer 59

F - fighting words (must be face to face) I - incitement to imminent violence - clear and present danger of immediate lawless action D - defamation O - obscenity - Miller obscenity (see POV)

Question 60

``` Until Feb/Fall, Test Pressure, Exhaustion Both Threaten Romance ```

Answer 60

Subject: Contracts & Sales Contracts and Sales essay test question approach U = UCC or common law k - Which law applies? F = Formation - has the k been formed? T = Terms - What are the terms of the k? P = Performance - Have the parties performed their contractual obligations (the terms just discussed)? E = Excuse - Is there an excuse for non-performance or other defense? B = Breach - If not excused, does the non-performance amount to a breach of K? T = Third party issues - Are there any 3rd party issues, such as 3rd beneficiaries or assignment/delegation? R = Remedy - what are the rights and obligations with respect to any remedies and damages?

Question 61

MRS BAKER

Answer 61

``` Subject: Criminal Law Felonies that are inherently dangerous felonies for purposes of the common law felony-murder rule: M = Mayhem/Maiming R = Rape S = Sodomy B = Burglary A = Arson K = Kidnapping E = Escape (from official custody) R = Robbery ```

Question 62

in order for the 4th Amendment to apply, there must be: sss

Answer 62

``` S = State action S = Standing S = Search or Seizure ```

Question 63

A state statute is constitutional if PIT

Answer 63

police power, rationally related interest, 10th amendment

Question 64

Sof F Exceptions - SWAP

Answer 64

Specially manufactured goods, Written confirmation by merchant, Admission in proceeding, Performance by payment or acceptance

Question 65

An out-of-court statement is NOT being "offered for its truth" when it is offered to... ["If you're saying you can 'C-ELVIS' you aren't offering the truth"]

Answer 65

``` C = show that the declarant had the CAPACITY to observe, recall or relate information E = show its EFFECT on the hearer to explain some action of the hearer or to show what the hearer knew L = show that the declarant spoke words that, regardless of their truth, have a LEGALLY operative effect V = show a VERBAL act - words that clarify ambiguous conduct I = IMPEACH S = show the declarant's STATE of mind circumstantially ```

Question 66

Six Types Of Non-Hearsay [I C SOM LACE]

Answer 66

I = Impeachment C SOM = Circumstantial State of Mind ``` L = Legally operative facts A = Verbal acts C = Capacity E = Effect on hearer ```

Question 67

Common law felonies proper for impeachment by prior conviction of crime [MR. & MRS. K. LAMB]

Answer 67

``` M = Murder R = Rape M = Mayhem (Maiming) R = Robbery S = Sodomy K = Kidnapping L = Larceny A = Arson M = Manslaughter B = Burglary ```

Question 68

When can SILENCE be a "statement" for hearsay purposes? When can SILENCE be "inconsistent" for prior inconsistent statement? [HOW can silence be a statement or inconsistent?]

Answer 68

H = Witness Heard and understood what was said by another about witness O = Witness had the Opportunity to respond W = Witness Would have responded if the statement were not true

Question 69

The only hearsay exceptions that REQUIRE UNAVAILABILITY of Declarant are... [She's not available she's DAFFY!]

Answer 69

``` D = Dying Declarations (civil and homicide related cases) A = Statement Against interest (against proprietary, pecuniary or penal interest) F = Former Testimony F = Forfeiture by wrongdoing Y = Family HistorY ```

Question 70

Attachment makes a security interest enforceable. Attachment occurs when the LAST of these three requirements are met [VCR]

Answer 70

V = Value given by the secured party to the debtor C = Contract agreement that security interest attach R = Debtor has Rights in the collateral

Question 71

Impeachment Teachniques BICCC

Answer 71

Bias 2. Inconsistent Statements 3. Capacity 4. Character 5. Contradiction

Question 72

Business Records KRAP

Answer 72

Keep Regular Course At or near the time Personal Knowledge

Question 73

Slander Per Se PLUM

Answer 73

Profession and business adverse remarks 2. Loathsome Disease 3. Unchasity of an unmarried woman 4. Moral Turpitude (crime involving)

Question 74

Invasion of Rights to Privacy CLIP

Answer 74

picture of name for Commercial advantage 2. False Light 3. Intrusion upon ppl's affair or seclusion 4. Public exposure of private facts

Question 75

Requirements for Trust creation PARTI

Answer 75

``` Purpose Ascertainable Beneficiaries Res Trustee Intent ```

Question 76

Valid Wills must be SWEPT

Answer 76

``` Signed by an adult testator Writing End - signature must be at the end Published that it is a will Two witnesses who do not have to be adults must sign w/n 30 days of each other ```

Question 77

A will validity can be contested based on a TIE

Answer 77

Testamentary capacity Influence (undue) Execution (improper) Improperly SWEPT

Question 78

Abnormally Dangerous Activities "HAND"

Answer 78

High risk Act is not safe ever Not common Defenses (contributory negligence, comparative fault, assumption if risk, intoxication)

Question 79

Rational Basis WAIT-DONE

Answer 79

Wealth Age Illegal Aliens Travel International Disability Orientation National origin (gov't purposes only) Employment (public)

Question 80

Speech where intermediate scrutiny applies CBS NBC Z

Answer 80

Commercial Speech Broadcast requirements Symbolic speech Neutral - time, place, manner Ban on nude dancing in public Campaign contributions Zoning (porn shops, xxx)

Question 81

A is for Arson ABCD

Answer 81

Arson more than Blackening Charring a Dwelling

Question 82

Exceptions to Good Faith Reliance "LAID"

Answer 82

Lied Abandoned Insufficient affidavit Deficient in particulars

Question 83

The relationship is DISMAL if spouse can't take her share

Answer 83

``` D ivorce I nvalid divorce by surviving spouse S eperation decree (not agreement) M arriage is voild A bandonment by surviving spouse L ack of financial support by surviving spouse ```

Question 84

Requirements of a Duly Executed Will: 18 Swine Entered Into Panama 2 Were Executing w/in 30 days

Answer 84

18 is the min age to write a will S igned by testor E nd of will is where the signature must be I n the presence of two witnesses P ublish, tell attesting witnesses "this is my will" 2 W itness is the minimum Executed within 30 days - witness must sign w/in 30 days of each other