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71 Cards in this Set

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Adverse Possession

OCEAN
OPEN CONTINUOUS EXCLUSIVE ACTUAL NOTORIIOUS
CONTRACTS
UNTIL FALL TEST PRESSURE EXHAUSATION BOTH THREATEN ROMANCE
UCC OR CL; FORMATION; TERMS OF K; PERFORMANCE; EXCUSES; BREACH; THIRD PARTY ISSUES; REMEDIES
LEMON TEST
LEMON PIE
P- SECULAR PURPOSE
I-ADVANCE OR INHIBIT
E- ENTANGELEMENT
SPEICIFIC INTENT CRIMES

BAM ACTS
BURGLARY; ASSAULT; MURDER 1; ATTEMPT; CONSPRIACY; THEFT (CRIMES) SOLICITATION
GENERAL INTENT CRIMES
MBRIK
MURDER 2; BATTERY; RAPE; IMPRISONMENT (FALSE) KIDNAPPING
COLLATERAL ESTOPPEL
PARTY IN PRIOR LAWSUIT; IDENTICAL ISSUE; ACTUALLY LITIGATED AND DETERMINED; NECESSARILY DETERMINED; OPPORTUNITY TO LITIGATE (FULL AND FAIR)
STATE STATUTE IS PREEMPTED BY FEDERAL LAW IF NOT EXPLICIT ---PUSH
PERVASIVENESS OF REGS;UNIFORMITY OF REGULATION DESIRED; SIMILARITY OF REGULATION; HISTORY OF HOW THAT AREA HAS BEEN REGULATED
STATUTE OF FRAUDS

MY LEGS
MARRIAGE; CONTRACTS THAT CANNOT BE PERFORMED IN ONE YEAR; LAND CONTRACTS; PAYMENT FROM EXECUTOR FUNDS; SALE OF GOODS OVER 500; SURETY AGREEMENTS
RULE 10B5
FRANK SECRETLY PURCHASED INTERESTING ROMAAN DECORATIONS
FRAUD; SCIENTER; PURCHASE OF SECURITIES; INTERSTATE COMMERCE; RELIANCE; DAMAGES
BATTERY
CHILA
THE INTENTIONAL HARMFUL OR OFFENSIVE TOUCHING OF ANOTHER WITHOUT CONSENT-
CAUSATION- HARMFUL/OFFENSIVE CONTACT-INTENTIONAL-=LACK OF CONSENT OR PRIVILEGE- ACT
ASSAULT

CAAILI
THE INTENTIONAL PLACING OF ANOTHER IN REASONABLE APPREHENSION OF AN IMMINENT HARMFUL OR OFFENSIVE TOUCHING WITHOUT CONSENT OR PRIVILEGE

CAUSATION-ACT-INTENT-LACK OF CONSENT OR PRIVILEGE-IMMINENT
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

DICE
CONDUCT OF AN EXTREME AND OUTRAGEIOUS NATURE WHICH IS CALCULED TO CAUSE AND DOES CAUSE SEVERE EMOTIONAL DISTRESS

DAMAGES-INTENT-CAUSATION- EXTREME CONDUCT
FALSE IMPRISONMENT
A CONFINEMENT CAN INVOLVE ANGUISH - ACCIA
ACT- CONFINEMENT-CAUSATION-INTENT-AWARENESS OR HARM

THE INTENTIONAL PHYSICAL CONFINEMENT OF ANOTHER WITHIN FIXED BOUNDARIES FOR ANY PERIOD OF TIME, WITHOUT CONSENT OR PRIVILEGE
TRESPASS TO LAND

PUTTING IN POND IS ASININE
PHYSICAL- INVASION-POSSESSION-INTENT-ACT

THE INTENTIONAL ENTERY UPON THE LAND IN POSSESSION OF ANTHER WITHOUT CONSENT OR PRIVILEGE
TREPASS TO CHATTEL
PIPIA
THE INTENTIONAL INTERFERENCE WITH THE CHATTEL IN POSSESION OF ANOTHER WITHOUT CONSENT OR PRIVILEGE

POSSESSION-INTENT-DAMAGES-INTEREFERENCE- ACT
CONVERSION

DIP
THE INTENTIONAL EXERCISE OF WRONGFUL DOMINION AND CONTROL OVER THE CHATTEL OF ANOTHER WITHOUT CONSENT OR PRIVILEGE

DOMINION-INTENT-POSSESSION
DEFENSES TO INTENTIONAL TORTS

CRAZY SILLY DOUBLE DEALING DIRTY DOG LEAVE RIGHT NOW NEVER RETURN EVER
CONSENT-DEFENSE OF OTHERS-DEFENSE OF PROPERTY-DISCIPLINE- DETNETION FOR INVESTIGATON- LEGAL AUTHORITY- REENTRY OF LAND WRONGFULLY WITHHELD- NECESSESSITY (PUBLIC)- NECESSITY (PRIVATE)
ATTRACTIVE NUISANCE DOCTRINE

A CHILD USUALLY REBELS YEARLY UNLESS RESTRAINED
A CHILD USUALLY REBELS YEARLY UNLESS RESTRAINED

ARTIFICIAL- CONDITION- UNREASONABLE- RISK- YOUTH- UTILITY- RISK
FOUR PRELIMINARY FACTS FOR THE JURY

BARK
BEST EVIDENCE RULE- AUTHENTICITY- RELEVANCE- KNOWLEDGE
EVIDENCE- OTHER CRIMES, WRONGS, OR ACTS EVIDENCE ADMISSIBLE FOR NON-CHARACTER PURPOSES

MIAMI COP
PURPOSES FOR WHICH OTHER CRIMS, WRONGS, OR ACT EVIDENCE (SOMETIMES REFERRED T AS EXTRINSIC OFFENSE" EVIDENCE MAY BE OFFERED

MOTIVE; IDENTITY; ABSENCE OF MISTAKE OR ACCIDENT; INTENT; COMMON PLAN OR SCHEME; OPPORTUNITY; PREPARATION
SELF-AUTHENTICATION

CONTAC
LIKELIHOOD OF FORGERY OR TAMPERING SO SMALL THAT PROPONENT NOT REQUIRED TO PRESENT ANY EVIDENCE TO ESTABLISH THAT THE ITEM IS WHAT IT PUPORTS TO BE

COMMERCIAL PAPER; OFFICIAL PUBLICATIONS; NEWSPAPERS OR PERIODICALS; TRADE INSCRIPTIONS; ACKNOWLEDGED DOCUMENTS; CERTAIN PUBLIC RECORDS
EVIDENCE- FIVE METHODS OF IMPEACHMENT

BICCC
BIAS; INCONSISTENT STATEMENTS; CAPACITY; CHARACTER; CONTRADICTION
EVIDENCE- HEARSAY EXCEPTIONS

BAD SPLITS PEPPI
BUSINESS RECORDS; ADMISSION BY A PARTY OPPONENT; DYING DECLARATION; SPONTANEOUS STATEMENTS (EXCITED UTTERANCE AND PRESENT SENSE IMPRESSION)
PAST RECOLLECTION RECORDED; LEARNED TREATIES; INTEREST DECLARATION (AGAINST) TESTIMONY (FORMER); STATE OF MIND OR CONDITION; PUBLIC RECORDS; EQUVALANCY (RESIDUE OR CATCHALL); PRIOR INCONSISTENT STATEMENT- PRIOR CONSISTENT STATEMENT; INDENTIFICATION
HEARSAY EXCEPTION

BUSINESS RECORDSS

KRAP
KEEP; REGULAR COURSE; AT OR NEAR THE TIME; PERSONAL KNOWLEDGE
HEARSAY EXCEPTIONS REQUIRING UNAVAILABILITY

DAFT
DYING DECLARATION; AGAINST INTEREST DECLARATIONS; FAMILY AND PERSONAL HISTORY STATEMENTS; TESTIMONY (FORMER)
HEARSAY EXCEPTIONS CONSTITUTING UNAVAILABILITY

PRIME
PRIVILEGE; REFUSAL TO TESTIFY; ILL OR DEAD; MEMORY; ABSENT
SLANDER PER SE

PLUM
PROFESSON AND BUSINESS (ADVERSE REMARKS)
LOATHSOME DISEASE
UNCHASTITY OF AN UNMARRIED WOMAN; CRIME INVOLVING MORAL TURPITUDE
INVASION RIGHT TO PRIVACY

CLIP
C-PICTURE OR NAME FOR COMMERCIAL ADVANTAGE L- FALSE LIGHT- I- INSTRUSION UP PL'S AFFAIR OR SECLUSION- P- PUBLIC DISCLOSURE OF PRIVATE FACTS
DEFENSE OF CONTRACT

I DIE FOR MY MOM'S UNCONDITIONAL LOVE
INCAPACITY-DURESS-MISTAKE-MISREPRESENTATION-STATUTE OF FRAUDS-UNCONSCIONABILITY-ILLIGALITY
WHEN A THIRD PARTY BENEFICIARY RIGHT VEST

LAR
LAWSUIT- 3PB BRINGS LAWSUIT TO ENFORCE THE K-
ASSENT 3PB GIVES ASSENT TO THE BENEFIT- RELIANCE- 3PB DETRIMENTALLY RELIES AFTER KNOWLEDGE OF THE BENEFIT
REQUIREMENTS FOR TRUST CREATION (REVERSE ORDER)

PARTI
PURPOSE- ASCERTAINABLE BENEFICIARIES- RES- TRUSTEE- INTENT
WILLS
TO BE VALID A WILL MUST BE

SWEPT
SIGNED BY AN ADULT TESTATOR- IN WRITING- SIGNATURE ANYWHERE NOT JUST END- PUBLISHED THAT IT'S A WILL- TWO WITNESSES
A WILL'S VALIDITY CAN BE CONTESTED BASED ON

TIE
T- LACK OF TESTAMENTARY CAPACITY- I- UNDUE INFLUENCE- E- IMPROPER EXECUTION (DEFECTIVLEY SWEPT SEE ABOVE)
RULE AGAINST PERPETUTITES

INTEREST SUBJECT TO THIS RULE
CEO, PRESIDENT, VICE PRESIDEN OF THE COMPANY
CONTINGENT REMAINDERS, EXECUTORY INTEREST, OPTION TO PURCHASE LAND NOT INCIDENT TO A LEASE, VESTED REMAINED SUBJECT TO OPEN, POWER OF FIRST REFUSAL, CLASS GIFT
PROFESSIONAL RESPONSIBILITY

CLIENTS LOVE FIRECE COUNSEL; COURTS FEEL DIFFERENTLY
CLIENTS: CONFIDENTIALITY; LOYALTY; FIDUCIARY DUTY; COMPETENCE; (COURTS AND OTHERS) CANDOR, FAIRNESS, DIGNITY/DECORUM
WILLS ANALYSIS

ETERNAL REST IS LOST IF ASHES ARE MADE PROPERLY
EXECUTION- REVOCATION-INCORPORATION BY REFERENCE-LAPSE- INTERPRETATION- ADEMPTION AND EXONERATION-AMBIGUITY AND MISTAKE- PROBATE
PERSONAL JURISDICTION
INTERNATIONAL SHOE

MY PURPOSE FOR FLUNKING IS REALLY CAUSE STUDY SUCKED
MINMIMUM CONTACTS, PURPOSEFUL AVAILMENT- FORESEEABILY HALED INTO COURT- SYSTEMATIC AND CONTINUOUS ACTIVITY IN FORUM STATE- CONVENIENT FOR D- FORUM STATE'S INTEREST
6 EXCEPTIONS TO PROBABLE CAUSE WARRANT REQUIREMENT

POLICE CAN'T ALWAYS SEIZE ILLIGAL HASH & ECSTASY
PLAIN VIEW; CONSENT; AUTOMOBILE STOP & FRISK; INCIDENT TO LAWFUL ARREST; HOT PURSUIT; EVANESCENT EVIDENCE
DISTINGUISHING BETWEEN ARTICLE 4 PRIVILEGE AND IMMUNITIES AND 14A PRIVILEGES OR IMMUNITIES
ALIENS 14 STATES 4
RES JUDICATA

CP
CLAIM PRECLUSION
COLLATERAL ESTOPPEL

IS
ISSUE PRECLUSION
REQUIREMENTS FOR INJUNCTION RELIEF

IT'S PRETTY FRIGGIN BAD DUDE
INADEQUATE LEGAL REMEDIES; PROPERTY RIGHT; FEASIBILITY; BALANCING OF HARDSHIPS; DEFENSES
COMMUNITY PROPERTY- CALIFORNIA

SPADD
SOURCE; PRESUMPTIONS; ALTERATIONS; ANALYSIS; DISTRIBUTION
ORDINARILY ONE OWES NO DUTY TO ANOTHER UNLESS

SCRAP
statutory; contract; relationship (special like spouse, parent child)
assumption of duty
peril (if one causes it)
CON LAW- 1ST AMENDMENT PORN TEST

MILLER TEST- PP SLAP
PURIENT INTEREST, PATENTLY OFFENSIVE; (LACKS) SOCIAL, LITERARY, ARTISTIC, POLITICAL VALUE
DEFENSES TO SLANDER

JUDGE TRACY CONTESTS EVERY DEF LIES
JUDICIAL PROCEDING; TRUTH; CONSENT; EXECUTIVE PROCEEDINGS; DOMESTIC (HUSBAND AND WIFE) LEGISLATION- (LEGISLATION PROCEEDING)
COMMON LAW FELONIES

MR MRS LAMB
MURDER; RAPE; MANSLAUGHTER; ROBBERY; SODOMY; LARCENY; ARSON; MAYHEM; BURGLARY
CONSTRUCTIVE EVICTION-- SING--
SUBSTANTIAL INTERFERENCE- NOTICE (MUST BE GIVEN TO LAND LORD) GET OUT (T MUST VACATE PREMISE TO RAISE CONSTRUCTIVE EVICTION; OPTIONS-
CRIME DEFENSES

CRIMINAL CRIME I PAID
CONSENT; ARREST; NECESSITY; DURESS; INSANITY; DIMINISHED CAPACITY; CLAIM OR RIGHT; RESISTING UNLAWFUL ARREST; INTOXICATION; MISTAKE; ENTRAPMENT; IMPOSSIBILITY; PREVENTION OF CRIME; ABANDONMENT; INFANCY; DEFENSE (SELF, OTHERS, PROPERTY)
FELONY MURDER FELONIES

BARRKS
BURGLARY, ARSON, ROBBERY, RAPE, KIDNAPPING, SODOMY
STRICT LIABILITY TYPES (IN TORT LAW)

DDFF
DEFECTS IN DESIGN; DEFECTS IN MANUFACTURE; FAILURE TO WARN; FAILURE TO INSTRUCT
ATTACKING ENFORCEMENT OF CONTRACT

IF GUMS
INCAPACITY; FORMATION (OFFER, ACCEPTANCE) GANGSTER (FRAUD DURESS OR ILLEGALITY) UNCONSCIONABILITY; MISTAKE (PEERLESS) STATUTE OF FRAUDS
INVASION OF PRIVACY TORTS

DIAL
DISCLOSURE OF PRIVATE FACTS; INTRUSION INTO PRIVATE FACTS; APPROPRIATION OF LIKENESS; LIGHT, PORTRAYAL OF THE PLAINTIFF IN A FALSE
DAMAGES IN TORTS

POGS
GENERAL (OUT OF POCKET)
PUNITIVE
SPECIAL DAMAGES (SHOW ME A RECEIPT)
OUT OF POCKET (MISREP TORT)
CONSTITUTIONAL TEST FOR PERSONUM JURISDICTION

MAY PREFERS FRAPPES, FREQUENTLY REQUESTING COFFEE SHOTS
MINIMUM CONTACTS, PUPROSEFUL AVAILMENT, FORSEEABILITY, FAIR PLAY AND SUSBTANTIAL JUSTICE, RELATEDNESS, CONVENIENCE, STATE'S INTEREST
EVIDENCE FOR ADMISSIBILITY

RR CHIPP
RELEVANCY; RELIABILITY; CHARACTER EVIDENCE; HEARSAY; IMPEACHMENT; PRIVILEGE; POLICY EXCEPTION
OBJECECTIONS

C.A.N MY S.C.H.O.O.L PROVIDE A COUNDATION TO PASS A VIGIOUS BAR IF NOT CANT PRACTICE
CONCLUSIONARY; ARGUEMENTATIVE; NARRATIVE; MISLEADING; SPECULATIVE; COMPOUND; HEARSAY; OUTSIDE THE SCOPE; OPINION (LAY, LEADING; PRIVILEGE, ASKED AND ANSWERED; FOUNDATION; VAGUENESS; BEST EVIDENCE; ASSUMES FACTS NOT IN EVIDENCE; RELEVANCE; NON RESPONSIVE; CHARACTER; PREJUDICIAL
EXCEPTIONS TO WARRANT REQUIREMENT

CHEAPS
CONSENT; HOT PURSUIT; EXIGENT; AUTO; PLAIN VIEW; SEARCH INCIDENT TO LAWFUL ARREST
EASEMENTS

A NAG
AFFIRMATIVE; NEGATIVE; APPURTENANT; GROSS
EASEMENT
CREATING EASEMENT IS AS EASY AS "PIE"
PRESCRIPTION, IMPLIED, EXPRESS
EXCEPTIONS TO PAROL EVIDENCE RULE

DAM FOIL
DURESS, AMBIGUITY, MISTAKE, FRAUD ORAL CONDITON (PRECEDENT)
6 COVENANTS OF TITLE

SASSY CUTE CATS QUIETLY WALK WITH A WHISPER FRQUENTLY
COVENANT - SEASON, CONVEY, ENCUMBRANCES, QUIET ENJOYMENT, WARRANTY FURTHER ASSURANCES
RES IPSA LOQUITUR

IRS
INFERENCE (OF NEGLIGENCE, P HAS MET HIS BURDEN OF PRODCUTION TO ALLOW CASE TO GO TO JURY)

REBUTTABLE PRESUMPTION OF NEG- ( SHIFTS BURDEN ON D TO PROVE THAT HIS NEG DID NOT CAUSE INJURY)

SHIFTS (SHIFTS ULITIMATE BURDEN TO THE D)
Essentials for Community Property

S.i.p that good cognac
Seperation; Improvement; Pereira/VanCamp; (sip) T- transmutation; G-gifts; C- commingled accounts
Pereira Test

Must be SP Business
1) must be seperate property business
2) when the business is enhanced due to time, skill, labor
3)take original money down to start business, 10% times the number of years the business is and minus that for what the value of the business is worth now. Example 1,000 to start bar business, 10% is $100.00 times that for the number of years until divorce 7 is $700.00 add the $1,000 and your share is $1,700 SP the rest is split 50 50 CP
Van/Camp Test

Must Be SP Business
When the value of the SP business increases due to say market conditions only, no time or labor involved.

You take the value of the services (reasonable amount of what a normal person in that business would pay) and give that to the CP less any of the living expenses etc spent and the rest is SP property. Value of building is 100,00 to manage it is 5,000 salary remaineder is $95,000 SP
Reverse Pereira

Must Be CP Business
If the reason the CP business went up due to the SP services it is reverse Pereira

First it is a CP business then you look for the time labor etc spent working it as SP do the formula of 10% of original investment 1,000 $100- x the number of years in business 7 is $700 add the original investment $1,700 that is CP then split the remainder of the value of the business is SP
Reverse Van Camp

Must be CP Business
The value does not go up
You set a salary to the SP and the rest is split as CP
Quasi Community Property
All property acquired by either spouse while domociled outside of California which would have been community property if the spouse who acquired the property had been domiciled in California at the time of its acquisition
Quasi- Marital Property
All property acquired during a void or voidable marriage, in which one or both parties has the status of a putative spouse which would have been community or quasi community property if the marriage had nt been void or voidable
Putative Spouse
A putative marriage exists where one or both spouses believe in good faith that they are validly married even though in fact they are not. Only the innocent party or parties qualifies as a putative spouse