Cabar Mnemonics

Front 1

R.Property
*****
Adverse Possession
"OCEAN"

Back 1

O pen
C ontinuous
E xclusive
A ctual
N otorioius

Front 2

General Intent Crimes
"MBRIK"

Back 2

MBRIK

M urder (2nd degree)
B attery
R ape
I mprisonment (false)
K idnapping

Front 3

Contracts - Statute of Frauds
*****
"MY LEGS"

Back 3

"MY LEGS"
Marriage (like prenups)
Contracts that cant be performed in one year
Land contracts
payment from executors funds
sale of Goods over $500
Surety agreements

Front 4

Civ Pro - Collateral Estoppel

"PIANO"

Back 4

"PIANO"

Party in prior lawsuit
Identical issue
Actually litigated and determined
Necessarily determined
Opportunity to litigate (full and fair)

Front 5

Coorps - Rule 10B(5) - Misrepresetation

"Frank Secretly Purchased Interesting Romanian Decorations"

Back 5

Fraud
Scienter
Purchse of securities
Interstate commerce
Reliance
Damages

Front 6

Crim Law - Specific Intent Crimes
"BRAM ACTS"

Back 6

specific intent crimes.....

B burglary
R robbery
A assault
M murder 1st

A attempt
C conspiracy
T theft crimes (includes embezzelment, larceny, false pretenses, forgery
S solicitation

Front 7

Torts - Battery
"CAHIL"

Back 7

Battery: CAHIL
The intentional harmful or offensive touching of another without consent or privilege.

C =Causation
A = Act
H = Harmful/Offensive contact
I = Intent
L = Lack of consent or privilege

Front 8

Torts - Assault -
"Call Al And Instigate Lengthy Investigation"

Back 8

The intentional placing of another in reasonable apprehension of an imminent harmful or offensive touching without consent or privilege.

C = Causation
A = Act
A = Apprehension
I = Intent
L = Lack of consent or privilege
I = Imminent

Front 9

Intentional Tort- Defenses

"Crazy Silly Double Dealing Dirty Dog Leave Right Now, Never Return Ever"

Back 9

Defenses:

"Crazy Silly Double Dealing Dirty Dog Leave Right Now, Never Return Ever"

1. Consent
2. Self Defense
3. Defense Of Others
4. Defense Of Property
5. Discipline
6. Detention For Investigation
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

Front 10

Negligence Definition

Back 10

Defendant may be liable to plaintiff for negligence if it can be determined that the defendant owed a duty of care to the plaintiff, that defendant breached that duty, and that the plaintiff suffered damages which were actually and proximately caused by defendant's breach.

Front 11

Torts - Attractive Nuisance
*****
"A Child Usually Rebels Yearly Unless Restrained "

Back 11

Attractive Nuisance Doctrine

"A Child Usually Rebels Yearly Unless Restrained "

Artificial
Condition
Unreasonable
Risk
Youth
Utility
Risk

Front 12

Self- Authenticating Documents:
CONTAC

Back 12

D. 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 purports to be.

(C)ommercial paper;
(O)fficial publications;
(N)ewspapers and periodicals;
(T)rade inscriptions;
(A)cknowledged documents;
(C)ertain public records.

Front 13

Slander per se

"PLUM"

Back 13

P Profession and business{Adverse Remarks}

L Loathsome Disease

U Unchastity of an unmarried Woman

M crime involving Moral turpitude

Invasion of Right to Privacy

Front 14

Defenses to Contract

"I Die for My Mom's Sweet & Unconditional Love"

Back 14

I Incapacity

D Duress

M Mistake

M Misrepresentation, fraud

S statute od fraud

U Unconscionablity

L (il)legality

Front 15

Contracts - When 3rd Pty Benes Rts Vest?
"kevLAR vest"

Back 15

Lawsuit- 3PB brings a Lawsuit to enforce K
Assent - 3PB gives Assent to the benefit
Reliance - 3PB detrimentally Relies after knowledge of the benefit
----------------------------------------

Front 16

Con Law - Establishment clause lemon test:
"no sectarian preference for SEX"

Back 16

1.no sectarian preference +
2. SECULAR purpose, +
3. primary EFFECT is neither advance/nor inhibit religion,
4. does not produce eXcessive govt entanglement w/ religion]

Front 17

Requirements for injunctive relief:

"It's Pretty F---ing Bad, Dude "

Back 17

It's Pretty F---ing Bad, Dude

Inadequate legal remedies
Property right
Feasibility
Balancing of hardships
Defenses

Front 18

Community Property in CA

"SPAAD"

Back 18

S=Source
P=Presumptions
A=Actions to alter the character
A=Analysis
D=Distribution

Front 19

Ordinarily one owes no duty to another unless
"SCRAP"

Back 19

Statutory
Contract
Relationship (special like spousal, parent child...)
Assumption of duty
Peril (if one causes it)

Front 20

Obscenity Miller Test
Miller Test
"PP SLAP"

Back 20

P-purient interest
P-patently offensive
SLAP - lacks any serious Social, Literary, Artistic, Political value "SLAP"

Front 21

7 'DANGEROUS FELONIES' THAT INVOKE THE 'FELONY MURDER RULE':

"Robb's Rhap-SODIES our son, Larry Kidd, may hum."

Back 21

Robb's= Robbery
Rhap= Rape
Sodies= Sodomy (forced)
Our son= arson
Larry= Burglary
Kidd= Kidnapping
May hum= mayhem.

Front 22

DAMAGES IN CONTRACTS:

"Naomi Licks the Puny Cons for Compensation."

Back 22

Naomi= Nominal
Licks= Liquidated (in the contract; not excessive/"unreasonable.")
Puny= Punitive
Cons= Consequential, a' la "Hadley v. Baxendale"
Compensation= Compensatory

Front 23

DAMAGES IN TORTS:

"General X.M. Spec is Out-of-Pocket."

Back 23

General= General, i.e., pain and suffering
X.M.= Exemplary or Punitive Damages
Speck= Special Damages, i.e., "Show me a receipt."
Out-of-Pocket= Out of Pocket in a Misrepresentation Tort, i.e., difference between what the plaintiff thought he was going to get and what he actually received.

Front 24

Secured Transactions Creditor Priorities
*****
"Black People Like Nice African Ghettos"

Back 24

Buyer in Ordinary Course
Perfected Attached Creditor
Lien Creditor
Non Ordinary Course Buyer
Attached Unperfected Creditor
General Unsecured Creditor

Front 25

Constitutional Test for In Personam Jx

My Parents Frequently Forgot to Read Children's Stories

Back 25

Constitutional Test for In Personum Jurisdiction

Mary Prefers Facials, Frequently Requesting Cum Shots

Minimum Contacts
-Purposeful Availment
-Forseeability

Fair Play and Substantial Justice
-Relatedness
-Convenience
-State's Interest

Front 26

Insanity Defenses

McPherson Models In Durham.

Back 26

McPherson - (M?Naghten Rule ? Lacks the ability to know wrongfulness; Understand Nature and Quality of Action)

Models - (Model Penal Code ? Lacks ability to conform conduct to requirements of law)

In - (Irresistible Impulse Test ? Lacked ability of self control and free choice)

Durham - (Durham Rule ? Behavior is Product of Mental Illness)

Front 27

Damages - Tort

"The UFC Causes Nominal Punishment"

Back 27

Unavoidable
Foreseeable
Certainty
Causation
Nominal
Punitive

Front 28

"6 Covenants of Title" (Real Property):

"SEASONed CONVicts CUM QUIETly with a WARRANT, the F**ckin ASSh***s."

Back 28

Covenant of SEISIN
Covenant of right to CONVEY
Covenant against enCUMbrances
Covenant of QUIET enjoyment
Coventant of WARRANTy
Covenant of (F)urther ASSurances.

The first three are present covenants, the last three are future covenants. This mnemonic places them in order, so you just need to remember "3&3."

Front 29

Exception to Parol Evidence Rule (in Contracts - ext. can come in)

"DAM FOIL"

(Evidence of)

Duress
Ambiguity
Mistake (Raffles v. Wichelhaus)

Fraud
Oral condition precedent
Illegality (Remember: "Contracts illegality" can mean, "Contrary to Public Policy.")
Lack of consideration.

Back 29

"DAM FOIL"

(Evidence of)

Duress
Ambiguity
Mistake (Peerless Ships)

Fraud
Oral condition precedent
Illegality (Remember: "Contracts illegality" can mean, "Contrary to Public Policy.")
Lack of consideration.

Front 30

How to Address Contracts Outline -
"Armadillos From Texas Play Rap Eating Tacos"

Back 30

Applicable Law, Formation, Terms,
Performance, Remedies for unexcused performance, Excuse of non-performance, Third party problems

Front 31

CONTRACTS ESSAY
Checklist

Back 31

X vs. Y

1. Governing Law


common law

UCC Article 2---> are both parties merchants? merchant's special rules

2. Is there a valid K?


Mutual Assent
Offer: promise/undertaking; definite; communicate

merchant's firm offer
revocation

Acceptance

mail box rule

common law: mirror image
UCC : Q: Offerree's different terms are part of K?
between merchants: yes, unless: substantially change/ specific wording/?
not between merchants: no ( offer control)

Consideration(bargain for exchange)

estoppel: detrimental reliance

3. Does the K have a condition? What kind of condition?

precedent condition/ concurrent condition/? condition
waive

4. Any defenses?


Mistake: patent

Insane/Incapability
Minority

Statute of Frauds ( MY LEGS)
Exception: Partial Performance
Memo: between merchants, per oral communication's conclusion, 10 days

Impossibility: objective

Impracticability: subjective

5. Interpretation:


Parole Evidence Rule:Oral communication prior or @ the written K is prohibited to be used to explain K if the written K is final and integrated.

exception: mistake
Is there a 3rd party beneficiary?

6. Have the obligations been performed? If not, was there a major or minor breach?

anticipatory repudiation: prior the due day/ unequivocal
bilateral

rescind
withhold
ignore and urge for perform

major breach: substantial bargain-for-exchange

minor breach

7. Remedies ( check remedies outline)

legal:


Compensatory
foreseeable/causation/unavoidable

put Pp as had K never been breached

Consequential: incidental

nominal
punitive: non, unless tortious
restitution:
quasi K
replevin: UCC special rule

ejction

equitable: SP ( Cha Cha Is My Favorite Dance)

Valid K
Condition fulfilled
Indequate Legal Remedy: special goods

Mutual

Feasibility
Defenses: unclean hand

Duty to Mitigate