Cal Bar Law Mnemonics 2007

Front 1

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

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

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

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

Trad Basis Jxn

Back 5

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

Hint 5

Can Do People

Front 6

Establishment Clz

Back 6

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 6

SEX

Front 7

Injunctions

Back 7

I prefer free base dope!
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 7

I prefer free base dope!

Front 8

Specific... Performance?

Back 8

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 8

Cha Cha Is My Favorite Dance!

Front 9

Remedy of Recision Requires

Back 9

good dog
Rescission requires
1) Grounds for rescission: mistake, misrep
2) Defenses unavail

Hint 9

good dog

Front 10

Remedy of Reformation?

Back 10

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

Hint 10

Very Good Dog

Front 11

Constructive Eviction

Back 11

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 11

SING!

Front 12

PR: duties to clients & courts

Back 12

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 12

Clients love fierce counsel: courts feel differently

Front 13

Adverse Possession:

Back 13

A HO **** Easily!
Adverse Possession
Actual Possession
Hostile
Open (& notorious)
Continuous
Exclusive.

Hint 13

A HO **** Easily!

Front 14

creation of easemnt

Back 14

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 14

PING

Front 15

intentional torts?

Back 15

Fat Bitc(h)!
Intentional Torts
F - False Imprionment
A - Assault
T - Trespass to Land
B - Battery
I - IIED
T - Trespass to Chatel
C - Conversion
(h) nothing, bitch.

Hint 15

Fat Bitc(h)!

Front 16

statute of frauds

Back 16

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 16

MY LEGS

Front 17

unenforceable contract

Back 17

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 17

SUM FIG

Front 18

Termination of an easement

Back 18

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 18

END CRAMP