Ca Bar Mnemonics 2011 Barbri

Front 1

EVIDENCE

In Criminal Case, specific instances of D’s bad acts admissible for anything other than character

Back 1

Specific instances of D’s bad acts admissible for anything other than character!
MIMIC
1) M Motive
2) I Intent
3) M Mistake (absence of mistake)
4) I Identity (modus aparendi or “signature” crime) Requires similarity & uniqueness.
5) C Common plan or Scheme
Still, legal relevance. Court has discretion to exclude for unfair prejudice! Always analyze balancing test!

Hint 1

MIMIC

Front 2

CONTRACTS

Armadillos From Texas Play Rap Eating Tacos?

Back 2

Contracts:
Applicable law
Formation
Terms
Performance
Remedies for breach
Excuses for non performance
Third parties

Front 3

REAL PROPERTY

Fee Simple Determinable: future interest?

Back 3

Frank Sinatra Didn’t Prefer Orville Redenbacher
Fee Simple Determinable Possibility of Reverter
They always go together!
Upon a stated event, the land reverts to the grantor. Requires clear durational language.
If stated condition occurs, forfeiture is automatic
1) To A so long as
2) To A until
3) To A while
Distinguish FS subject to Executory Termination (Shifting, springing) Future Interest in 3d party.

Hint 3

Frank Sinatra Didn’t Prefer Orville Redenbacher
FSDPOR

Front 4

REAL PROPERTY

Defenses to WASTE of natural resources

Back 4

PURGE
Doctrine of Waste w/r/t natural resources: life tenant can’t consume or exploit
Exceptions: PURGE
1) Prior Use, prior to grant resourses were exploited. Life tenant may continue to exploit
(a) Open mines. Life T can mine, but limited to already opened mines
2) R Reasonable repairs. Life T can consume resources for reasonable repairs & maintenance
3) G Grant life tenant may exploit if expressly granted the right.
4) E Exploitation. If land suitable only for exploitation. I.e. life tenant on quarry

Hint 4

PURGE

Front 5

CIVIL PROCEDURE

What is the basic Constitutional Analysis of In personam jurisdiction?

Back 5

My Parents Frequently Forgot to Read Children's Stories

- MINIMUM Contacts: PURPOSEFUL availment + FORESEEABILITY
- FAIRNESS: RELATEDNESS + CONVENIENCE + STATE'S interest

Hint 5

My Parents Frequently Forgot to Read Children's Stories

Front 6

CIVIL PROCEDURE

Trad Basis Jxn

Back 6

Can Do People
1) Jxn Traditional Basis—consent, domicile or presence. (Can Do People)

Hint 6

Can Do People

Front 7

CON LAW

Establishment Clz - Lemon Test

Back 7

SEX
1) SECULAR purpose required
2) EFFECT must be neither to advance nor inhibit religion
(a) Government can’t symbolically endorse religion or a particular religion. Nativity scenes must be accompanied by other religious and secular symbols
3) EXCESSIVE ENTANGLEMENT w religion prohibited
(a) Government can’t directly pay teacher @ parochial schools
Law unconstitutional if it fails any part of the test

Hint 7

SEX

Front 8

REMEDIES

Injunctions

Back 8

I'll Put Five Bucks Down
Injunctions
1) INADEQUATE legal remedies
2) PROPERTY right or protectable interest
3) FEASIBILITY of enforcement
4) BALANCE hardship—award damages
4) DEFENSES: laches, unclean hands, impossibility

Hint 8

I'll Put Five Bucks Down

Front 9

REMEDIES

Specific... Performance?

Back 9

Cha Cha Is My Favorite Dance!
Specific Performance requires
1) Contract validity
2) Conditions in K for P are satisfied
3) Inadequate legal remedy
4) Mutuality of remedies
5) Feasibility of enforcement
6) Defenses

Hint 9

Cha Cha Is My Favorite Dance!

Front 10

CORPORATIONS

What are the Basic Formation Requirements for De Jure Corporate Status?

Back 10

Articles must include: (A PAIN)
(a) AUTHORIZED SHARES (maximum number of shares the corporation is authroized to issue.);
(b) PURPOSE;
(c) AGENT and address of registered office (the agent is corps. official legal rep)
(d) INCORPORATORS; and
(e) NAME of corporation (must contain some indicia of corporate status, e.g Inc.).

Front 11

REMEDIES

Remedy of Rescission Requires

Back 11

Good Dog
Rescission requires
1) Grounds for rescission: mistake, misrep
2) Defenses unavail

Hint 11

Good Dog

Front 12

REMEDIES

Remedy of Reformation?

Back 12

Very Good Dog
Reformation requires
1) Valid K
2) Grounds for reformation: Mistake (unilateral only if other KNEW); misrepresentation
3) Defenses unavail.

Hint 12

Very Good Dog

Front 13

REAL PROPERTY

Constructive Eviction

Back 13

SING!
Constructive eviction constitutes breach of the implied covenant of quiet enjoyment
Constructive eviction SING
S I SUBSTANTIAL INTERFERENCE—attributable to Ls action or failure to act. Substantial Interference is chronic or recurring. Every time it rains...
N NOTICE—T must give L notice and L must fail to act meaningfully.
G GOODBYE or Get Out. T must vacate within reasonable time after L fails to fix.
N.B., L is not liable for bothersome conduct of other tenants but, L has duty not to permit nuisance on premises.
N.B L must control common areas.

Hint 13

SING!

Front 14

PROF RESP

Duties to clients & courts

Back 14

Clients love fierce counsel: courts feel differently
Duty to Client/Duty to Court
Confidentiality
Loyalty
Fiduciary responsibilities
Competence
Candor
Fairness
Dignity
(& other reasonable things)

Hint 14

Clients love fierce counsel: courts feel differently

Front 15

REAL PROPERTY

Adverse Possession:

Back 15

COAH
Adverse Possession

Continuous
Open (& notorious)
Actual Possession
Hostile

Hint 15

COAH

Front 16

REAL PROPERTY

Creation of Easement

Back 16

PING
Grant of non-possessory interest entitles holder to the use/enjoyment of another’s land, called the servient land
Creation of an easement may be accomplished either by:
PRESCRIPTION (adverse possession)
IMPLICATION: lots are divided sold w/out mention of existing easement
NECESSITY: no way out
GRANT (expressed in writing)

Hint 16

PING

Front 17

TORTS

Intentional Torts

Back 17

ABC FITT
Intentional Torts

A - Assault
B - Battery
C - Conversion
F - False Imprisonment
I - IIED
T - Trespass to Land
T - Trespass to Chattel

Hint 17

ABC FITT

Front 18

CONTRACTS

Statute of Frauds

Back 18

MY LEGS
Statute of Frauds
Marriage, contemplation of,
Year, scope of, can't be performed in,
Land, interest in
Estate admin promises to pay decedents debts personally
Goods, $500 or more
Surety--guaranty of the debt of another.

Hint 18

MY LEGS

Front 19

CONTRACTS

Unenforceable Contract

Back 19

SUM FIG
Unenforceable Contract:
Statute of Frauds
Unconscionability
Mistake, Mutual (Raffles v. Wichelhaus)
Formation--Offer, acceptance, consideration
Incapacity--minor, drunk, insane
Gangster--Fraud, duress, illegality

Hint 19

SUM FIG

Front 20

REAL PROPERTY

Termination of an easement

Back 20

END CRAMP
Termination of an easement END CRAMP
(a) E Estoppel. Servient owner materially changes his position in reasonable reliance on easement holder’s assurances that the easement won’t be enforced.
(b) N Necessity. Easements created by necessity expire as soon as the necessity ends.
(c) D Destruction. Destruction of the servient land other than by willful conduct of servient owner
(d) C Condemnation eminent domain will end the easement.
(e) R Release. Written release by easement holder
(f) A Abandonment. Easement holder shows by physical conduct the intent never to use the easement again. I.e. dominant tenant puts up a fence. Mere words insufficient.
(g) M Merger or unity of ownership where title to easement and title to servient land are vested in same owner. Later separation of the joined land does not automatically revive
(h) P Prescription servient owner may extinguish the easement by interfering by adverse possession

Hint 20

END CRAMP

Front 21

CON LAW

Justiciability Issues

Back 21

RAMPSE

Ripeness
Abstention
Mootness
Political Question
Standing
Eleventh Amendment

Hint 21

RAMPSE

Front 22

CON LAW

Standing

Back 22

Public Defenders in CA Rule!
1. PERSONAL AND DIRECT INJURY
2. CAUSATION
3. REDRESSABILITY

Hint 22

Public Defenders in CA Rule!

Front 23

CON LAW

Congressional Police Power

Back 23

MILD police power over:
- Military
- Indian Reservations
- Federal lands and territories
- District of Columbia

Hint 23

MILD

Front 24

REAL PROPERTY

Formation of Joint Tenancy

Back 24

TTIP - The Four Unities

- Take at same TIME
- Take TITLE by same instrument
- IDENTICAL interests/shares
- right to POSSESS the whole

Hint 24

TTIP

Front 25

REAL PROPERTY

LL options if T abandons

Back 25

SIR

- Surrender
- Ignore (MIN only)
- Re-let

Hint 25

SIR

Front 26

REAL PROPERTY

Ts options for breach of implied warranty of habitability

Back 26

MR3

- Move
- Repair
- Reduce rent
- Remain in possession and sue

Hint 26

MR3

Front 27

REAL PROPERTY

Exceptions to Common Law Caveat Lessee

Back 27

CLAPS

- Common Areas
- Latent Defects
- Assumption of Repairs
- Public use rule
- Short term lease

Hint 27

CLAPS

Front 28

REAL PROPERTY

What are the recognized categories of Negative Easements?

Back 28

LASS
(1) Light
(2) Air
(3) Support
(4) Streamwater from an artificial flow,
and in some MINOR jurisdictions, (5) Scenic View

Hint 28

LASS

Front 29

REAL PROPERTY

How can an Easement be terminated by Prescription?

Back 29

The SERVIENT owner may extinguish the easement by interfering with it in accordance with elements of adverse possession:
COAH
(1) Continuous,
(2) Open and notorious,
(3) Actual use of the easement,
(4) Hostile interference to the easement holder

Hint 29

COAH

Front 30

REAL PROPERTY

What are the requirements for the BURDEN on a covenant to run with the parcel to a successor?

Back 30

Elements needed for burden to run:
WITHN or "i NV the WITCH who has a burden on my property"
(1) WRITING: Original promise between neighbors must be in writing
(2) INTENT: Original parties must have intended that covenant run
(3) TOUCH AND CONCERN THE LAND: Promise must affect parties' legal relations as landowners and not simply as members of a community at large
(4) HORIZONTAL AND VERTICAL PRIVITY are BOTH needed
(5) NOTICE: Transferee of burdened land must have had notice of the promise when she took

Hint 30

WITHN

Front 31

REAL PROPERTY

What are the requirements for the BENEFIT on a covenant to run with the parcel to a successor?

Back 31

Elements needed for the benefit to run:
WITV
(1) WRITING: Original promise from burdened party to benefiting party must have been in writing
(2) INTENT: Original parties intended that benefit would run
(3) TOUCH AND CONCERN: The promise affects the parties as landowners
(4) VERTICAL PRIVITY ONLY: some non-hostile nexus b/n original owner of benefiting land and transferee

Hint 31

WITV

Front 32

REAL PROPERTY

What is required for an Equitable Servitude to bind a successor?

Back 32

WITNES:
(1) WRITING: Original promise was in writing
(2) INTENT: Original parties intended that promise would be enforceable by and against assignees
(3) TOUCH AND CONCERN THE LAND: Promise affects the parties as landowners
(4) NOTICE: Assignees of the burdened land had notice of the promise
ES= EQUITABLE SERVITUDE

PRIVITY IS NOT REQUIRED TO BIND SUCCESSORS! Privity is an at law element

Hint 32

WITN(es)

Front 33

REAL PROPERTY

What are the forms of Notice that can be imputed to a defendant lotholder in an Implied Equitable Servitude case?

Back 33

AIR:
(1) ACTUAL NOTICE: Defendant had literal knowledge of the promises in the prior deeds
(2) INQUIRY NOTICE: Form of constructive notice. There is notice if the rest of the neighborhood conforms to the common restriction
(3) RECORD NOTICE: Form of constructive notice sometimes imputed to buyers on the basis of publicly recorded documents

Hint 33

AIR

Front 34

REAL PROPERTY

What are the requirements to pass legal title?

Back 34

LEAD
(1) LAWFUL EXECUTION of a Deed
AND
(2) DELIVERY of Deed

Hint 34

LEAD

Front 35

REAL PROPERTY

What types of notice exist?

Back 35

AIR
(1) ACTUAL
(2) INQUIRY: Purchaser is deemed to be on inquiry notice of whatever an examination of the land would show - A buyer of real estate has the duty to inspect (i.e. to see if anyone else was in possession)
(3) RECORD: there is record notice if at the time a purchaser takes, a prior purchaser's deed was properly recorded within the chain of title

Hint 35

AIR

Front 36

REAL PROPERTY

What defenses is a holder in due course still subject to?

Back 36

Real defenses: MAD FIFI4
- Material Alteration
- Duress
- Fraud in the Factum - lie about the instrument
- Incapacity
- Illegality
- Infancy
- Insolvency

Hint 36

MAD FIFI4

Front 37

REAL PROPERTY

Implied Covenants Lease

Back 37

H – Habitability
E – Quiet Enjoyment
A – Assignability of the lease
R – Good Repair (this covenant is made by commercial landlords)
S – Minimal Security Precautions

Hint 37

HEARS

Front 38

REAL PROPERTY

General Warranty Deed

Back 38

S – Covenant of Seisin.
E – Covenant against Encumbrances
C – Covenant of the right to Convey
F – Covenant of Further Assurances
E – Covenant of Quiet Enjoyment
W – Covenant of Warranty

Hint 38

SEC FEW

Front 39

CIVIL PROCEDURE

Class Actions

Back 39

you CANT sue alone

COMMONALITY
ADEQUATE and fair representation
NUMEROSITY
TYPICALITY

Hint 39

you CANT sue alone

Front 40

CIVIL PROCEDURE

Res Judicata

Back 40

VOSS Water

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

Hint 40

VOSS Water

Front 41

CRIM LAW

Insanity Tests

Back 41

MAID

- M'Naughten
- ALI Substantial Capacity
- Irresistible Impulse
- Durham product

Hint 41

MAID