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Bar MNEMONICS > MNEMONICS 2 > Flashcards

MNEMONICS 2 Flashcards

(52 cards)

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1
Q

Jurisdiction Check List

A

SPVP:
Subject Matter Jurisdiction
Personal Jurisdiction
Venue
Proper service of process

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2
Q

Class Action Requirements

A

CANT RIC:
Commonality, Adequacy, Numerosity, Typicality

Risk of Inconsistent Judgements
Injuctive Relief may be approriate for class
Common questions predoinate and CA is preferred adjudication

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3
Q

Class Action Types

A

RIC:
Risk of inconsistent results,
Injunctive relief appropriate
Common issues predominate

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4
Q

Issue Preclusion(Collateral Estoppel)

A

SAFE:
Same issue,
Actually litigated,
Final judgment,
Essential to the proceeding

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5
Q

Claim preclusion (res judicata)

A

SAM:
Same Parties
Adequate opportunity
Merits

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6
Q

Time allowed to remove to Federal court

A

30 days to remove case to federal court

from filing or most recent motion or answer

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7
Q

Prelinary Injunction Requirements

A

IGLB
Irreparable harm likely,
Greater harm than burden on party to be bound
Likelihood of success
Balance of equities/public interest factors

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8
Q

Injuction - BASE FLIB

A

BASE FLIB: Factors for injunction: Bond, Adequacy of remedy, Success, Equities, Fairness, Likelihood of success, Irreparable harm, Balance

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9
Q

Contracts

A

OAT: Offer, Acceptance, and Terms

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10
Q

Contact Conditions Excused by

A

CLAPS:
Conduct, Law, Actual breach, Prevention, Substantial performance

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11
Q

Statute of Frauds applies to Contracts for:

A

MY LEGS: Marriage, Year, Land, Executor, Goods $500+, Suretyship

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12
Q

Defense to Contract Formation

A

FRED: Fraud, Reformation, Equitable estoppel, Duress

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13
Q

Felonies that trigger Felon Murder Liability

A

BARRK: Burglary, Arson, Rape, Robbery, Kidnapping

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14
Q

FARM BARRK

A

FARM BARRK: Extended Felony murder: Forcible rape, Arson, Robbery, Mayhem, Burglary, Assault, Robbery, Kidnapping

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15
Q

Specific Intent Crimes

A

FIAT (SCARF LITE)
First-degree murder
Inchoate (Solicitaion, Conspiracy, Attempt), Assault
Theft (Larceny, Embezzlement, False Pretenses, Robbery)

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16
Q

Miranda exceptions

A

SCRAP: Spontaneous, Custody unclear, Routine booking, Attorney present, Public safety

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17
Q

When 6th Amendment Right to Counsel attaches

A

ICE:
Initial appearance
Charges filed
Entry of plea

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18
Q

Requirements for witness competence

A

OPRAH: Oath, Perception, Recollection, Ability to communicate, Honesty

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19
Q

Rules of Evidence
Privileged Relationships

A

SPLAT-C:
Spousal
Psychotherapist
Attorney,
Accountant
Clergy

PEACH:
Psychotherapist
Executive
Attorney
Clergy
Husband-wife

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20
Q

Search Exceptions

A

SPACES:
SILA (search incident to lawful arrest)
Plain view,
Automobile,
Consent,
Exigent,
Stop & frisk

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21
Q

Character Evidence Admissible

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A

MIMIC:
Motive
Intent
Mistake (absence of)
Identity (MO, Method)
Common plan or scheme
*FRE 404(b) prior acts admissibility

22
Q

Other valid character evidence scenarios

Study These Flashcards
A

OPRAH
Opened the door
Penal cases (D offer evidence of person trait)
Reputation or opinion testimony allowed on direct (X allowed)
Accused or Victim in homocide
Habit evidence (Rule 406)

23
Q

Intentional Torts

Study These Flashcards
A

ABC FITT: Assault, Battery, Conversion, False imprisonment, IIED, Trespass to land, Trespass to chattels

24
Q

Defamation elements

Study These Flashcards
A

DIP:
Defamatory statement Identification
Publication

25
Duty to anticipated trespasser
HACK: Highly dangerous Artificial condition Concealed Known
26
Defenses to Intentional Torts
CAPPN: Consent Authority of Law (police action) Privilege (defense of self/others) Pulbic emergency Necessity
27
Negligence elements
DBCD: Duty Breach Causation (in fact and proximate) Damages
28
Termination of easement
END CRAMP: Estoppel, Necessity ends, Destruction, Condemnation, Release, Abandonment, Merger, Prescription
29
Requirements for valid Deed
WIPLD (WPLSD) Writing signed by grantor Intended to convey Parties, Land Delivered
30
Tenant remdies for breach
ROAD: Rescind, Offset, Abate, Damages
31
Joint Tenancy
TTIP: Time, Title, Interest, Possession
32
Real Covnants
PINT: Privity, Intent, Notice, Touch and concern
33
Suspect Classes
RAN: Race, Alienage, National origin
34
CON Law issue spotting checklist: Individual liberties Government regulation Constitutional challenges (state or federal)
SPERM: State Action, Procedural due process, Equal protection, Rights (Fundamental), Mootness/Ripeness (justiciabilty)
35
SCOTUS original jurisdiction
PACS: Public ministers, Ambassadors, Consuls, States
36
6th Amendment Rights
CAPISE: Confrontation, Assistance of counsel, Public trial, Impartial jury (if punisable >6 months) Speedy trial Effective counsel
37
Partnership
PACP: Two or more persons associated for the purpsoe of carrying on a co-owners of a busines for profit, regardless of whether they intended to form a partnership.
38
Piercing the corporate veil
HOLT: Harm, Ownership domination, LLLC disregarded, Trickery
39
LLC Operating Agreement
CAP: Capital contributions, Allocation of profits/losses, Participation rights
40
MPT - Monkeys Steal Fancy Rings
Reading Order: Memo, Statutes, Facts, Rest of library
41
Powers of Congress under Art 1, Section 8
SPERM: Spendings Power Postal Power Elections Clause (regulation of Fed elections) Regulate Commerce Military Power (raise and support Army/Navy, declare war)
42
(Creating/Resulting) Irrevocale Firm Offers
FIRE SAM: Firm offer, Irrevocable by performance (unilateral contract), Revocation not received, Estoppel, Signed writing, Acceptance, Merchant's firm offer
43
Exclusion to relevance
POPE: Prejudice, Other purpose, Probative value, Evidence rule
44
Defenses to Intentional Torts
DIP: Defense of others, Informed consent, Privilege
45
Search - Exection to good faith rule
SCRAP: Stale warrant, Cop lied, Reckless affidavit, Anonymous tip, Particularity lacking
46
Obscenity test
SLAPS: Serious Literary, Artistic, Political, Scientific value
47
Jursidiction check list
PSVR: PJ, SMJ, Venue, Removal
48
Landlord remedies for tenant breach
DUMP Landlord remedies for tenant breach: Damages, Unlawful detainer, Mitigate, Payment suit
49
Common law felonies
MR & MRS LAMB Common law felonies: Murder, Rape, Manslaughter, Robbery, Sodomy, Larceny, Arson, Mayhem, Burglary
50
Security Interest Attachment requirements
A FAT CAT Attachment requirements: Agreement, Filing, Authentication, Transfer of value, Collateral, Attachment, Timing
51
Trust formation requirements
TIDE Trust requirements: Trustee, Intent, Delivery, Existing property
52

Bar MNEMONICS (3 decks)

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