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Flashcards in Pneumonic Deck (32):
1

Torts

Very Intelligent Nurses Must Never Stop Penning Doctor Medical Prescriptions

Vicarious Liability
Intentional Torts
Negligence
Multiple Defendants
Nuisance
Strict Liability
Products Liability
Defamation
Malicious Prosecution
Privacy Torts

2

List of Objections

NUCALF
Narrative
Unresponsive
Compound
Argumentative
Leading
Facts -assumes facts not in evidence

3

Personal Jurisdiction

My Parents Frequently Read Science Fiction Children's Stories out-loud

Minimum Contacts
Purposeful Availment
Foreseeability
Relatedness
Systematic & Continuous contacts
Fairness Factors
Convenience
State's Interests
Other interests

4

Contracts

Armadillos from Denver Tap By Denver Roads

Applicable Law
Formation
Defenses to Formation
Terms
Breach
Defenses to Performance
Remedies

5

Criminal Law

People Talk In A Day

Crimes against the Person
Theft Crimes
Incomplete Crimes
Accomplice Liability
Defenses

6

Criminal Procedure

Foxes Find Six Extra Good Chicken Eggs

Fourth Amendment
Fifth Amendment
Six Amendment
Exclusionary Rule
Good Faith Warrant Exception
Confessions/Identifications
Eight Amendment

7

Hearsay Exceptions Unavailability Required

Flying Ducks Dive Swans Swim

Former Testimony
Dying Declaration
Declaration re personal or family history
Statement against interest
Statement against person procuring unavailability

8

Hearsay Exceptions Availability not an issue

Posh People Put Extra Delicate Boots On

Present Sense Impression
Present State of Mind
Past recollection recorded
Excited Utterance
Dec re Physical Condition
Business Records
Official Records

9

Professional Responsibility

Wolfs Scan C Aha

Witnesses & Jurors
Opposing parties
Loyalty
Financial Integrity
Special Prosecutors
Silence
Candor
Accept Representation
Not improperly solicit clients
Competency
Avoid unauthorized practice of law
Honesty
Avoid false or misleading advertisements

10

Essential Elements for Specific Performance

Chocolate Cheesecake is my Favorite Dessert

Contract
Conditions Satisfied
Inadequate Legal Remedy
Mutuality of Performance
Feasibility of Enforcement
Defenses - none

11

Constitutional Law

Just Show Fast Low Like DATERS

Justiciability
State Action
Federal Powers
Limits on State Powers
Limits on Federal Powers
Due Process
Assembly
Takings
Equal Protection
Religion
Speech

12

Justiciability

RAMPSE

Ripeness
Abstention
Mootness
Political Question
Standing
Eleventh Amendment

13

Limits on State Powers

Don't PCP

Dormant Commerce Clause
Privileges & Immunities Clause
Contracts Clause
Preemption

14

Adverse Possession

COAH

Continous
Open and Notorious
Actual physical entry on premises
Hostile- entry without owner's permission

15

Corporations

Come In Don't Shy From Fun

Corporate Formation
Issuance of Stock
Director/Officer Duties and Liabilities
Shareholder Rights
Fundamental Corporate Change
Federal Securities Laws

16

Rule 10b5-Corporations

Pitching MITT

Private Plaintiff Requirements
Misappropriation theory
Insider Trading
Tipper liability
Tippee liability

17

Res Judicata

VOSS Water

-VALID final judgment
- ON the merits
- SAME parties
- SAME claims
- WAS actually litigated or could have been litigated

18

Community Property

Two Torn People Draw DIAGRAMS

Title Presumptions
Tracing
Preemption
Debts
Division & Distribution
Improvements/Contributions
Agreements
General Presumptions
Relationship Status
Acquisitions
Management & Control
Special Classifications

19

Intentional Torts

Fresh Caught BAIT

False Imprisonment
Conversion
Battery
Intentional Infliction of Emotional Distress
Trespass to Land and Chattels

20

Defenses to Intentional Torts

C. PARSONS

Consent
Property-Defense of
Assumption of Risk
Self-Defense
Others-Defense of
Necessity
Shopkeepers Privilege

21

Products Liability

SWIM'N

Strict Liability
Warranty
Intentional
Misrepresentation
Negligence

22

Defamation

Damn PR Disaster

Defamatory Statement
Publication to third party
Referring to plaintiff
Damages

23

Privacy Torts

I Feel Pretty Mad

Intrusion of Plaintiff's solitude
False Light
Publication of Private Life
Misappropriation

24

Products Liability - Strict Liability Elements

Fucking MAD

Foreseeable use
Merchant Defendant
Alterations-None
Defective Product

25

Con Law Speech approach

Rule
Facial Attacks
Content based
Content neutral

26

Warrant Exceptions

SPACES

Search Incident to Lawful Arrest
Plain View
Automobile
Consent
Exigent Circumstances
Stop & Frisk

27

creation of Easements

E PINE

Estoppel
Prescription
Implication
Necessity
Expressed

28

Termination of Easements

END CRAMP

Estoppel
Necessity
Destruction of Servient Land
Condemnation of Servient Land
Release
Abandonment of Action
Merger Doctrine
Prescription

29

covenants

PINTS

Privity of Estate
Intent
Notice
Touches and Concerns the Land
Statute of Frauds Writing

30

Equitable Servitudes

TINS

Touches and Concerns the land
Intent
Notice
Statute of Frauds Writing

31

Wills & Trusts Checklist

TRICE I Found Some Dank Reefer

Testamentary Capacity
Revocation/Revival/DRR
Interpretation of Wills
Components of a Will
Execution
Intestate Succession
Trust Formation
Semi-Secret Trusts
Duties of a Trustee
Remedies

32

Evidence Checklist

FONDA CHIRPS

Form of Question
Opinion
Notice-Judicial
Documents
Attorney Client Privilege
Character Evidence
Hearsay
Impeachment
Relevancy
Public Policy
Spousal & other privileges

****Personal Knowledge