Mbe Mnemonics February 2010

Front 1

Agency - Subject Outline

Principals CORRAL Their agent's activities.

Back 1

CREATION
OBLIGATIONS
RIGHTS
RATIFICATION
AUTHORITY
LIABILITY

TERMINATION

Front 2

Agency - Subject Outline Principals CORRAL Their agent's activities.

Back 2

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION

Front 3

Agency - Creation Creating an agency relationship is as easy as ABCD.

Back 3

ASSENT (usually requires mutuality) BENEFIT conferred upon principal CONTROL of agent by principal DURING and within scope of agent's employment

Front 4

Civil Procedure - Personal Jurisdiction acrostic My Parents Frequently Forgot to Read Children's Stories

Back 4

minimum contacts purposeful availment foreseeable defendant
fair play and substantial justice relatedness of contact convenience
state's interest

Front 5

Civil Procedure - elements of Collateral Estoppel


if I PAWN something, I am precluded from taking issue if it gets sold.

Back 5

IDENTICAL PARTY ACTUALLY WAIVED NECESSARY

Front 6

Civil Procedure - Minimum Contacts, Fair Play & Substantial Justice minimal contact with PELICANS does not make you Best Friends

Back 6

PURPOSEFUL EVIDENCE LAW INITIATION CAUSE ALTERNATIVE NATURE STATE'S BURDEN FORESEEABILITY

Front 7

Civil Procedure - Challenging The Complaint

Defendant PICT VALID reasons to challenge the complaint.

Back 7

PLEADINGS INSUFFICIENCY CLAIM
TRIABLE

VENUE ALLEGATIONS LACK INDISPENSABLE DEFINITE

Front 8

Civil Procedure - Requirements for Certification of Class Action


DECANT vintage 23(b) before you pour it into a class.

Back 8

DEFINABLE ECONOMY COMMONALITY ADEQUACY NUMEROSITY TYPICALITY

23(b)

Front 9

Civil Procedure - Discovery Devices


DADIES discover what you don't want them to know.

Back 9

DEPOSITIONS ADMISSIONS DOCUMENTS INTERROGATORIES EXAMINATIONS SUBPOENAS

Front 10

Civil Procedure - basic jurisdictional requirements


The due process clause requires you to MOP up before jurisdiction can be asserted

Back 10

MINIMUM contacts OPPORTUNITY PROPER service

Front 11

Civil Procedure - jurisdiction over corporations


To obtain independent personal jurisdiction over defendant corporation, DIAL DC

Back 11

DOMICILIARY IN-STATE service AGENT
LONG-ARM
DOING business
CONSENT

Front 12

Civil Procedure - long-arm jurisdiction over tortious conduct long-arm jurisdiction extends to non-resident tortious DEER

Back 12

DERIVES revenue ENGAGES in conduct EXPECTS consequences REGULARLY solicits

Front 13

Civil Procedure -jurisdiction over matrimonial action


When DADA doesn't live in-state, mama can still seek maintenance and child support

Back 13

DOMICILE ABANDONMENT DECREE
separation AGREEMENT

Front 14

Civil Procedure- Consent To Jurisdiction That lawyer SCAMS defendants into consenting to jurisdiction.

Back 14

STIPULATE CAUSE ANSWER MOTION SUMMARY

Front 15

Civil Procedure - sufficiency of Service of Process
MIC is SAD because he was properly served with process.

Back 15

MAILING IN-HAND COURT
SUITABLE AGENT DILIGENCe

Front 16

Civil Procedure - Service on Corporations
DOGMA dictates who to serve process on a corporation.

Back 16

DIRECTOR OFFICER
GENERAL Agent (e.g. cashier) MANAGEMENT
AGENT authorized by corporation, whether expressly, impliedly or by estoppel

Front 17

Civil Procedure - Motion To Vacate Default Judgement
It takes 1 REAM of paper to get a default judgment vacated.

Back 17

1 year to file motion
REASONABLE EXCUSE for default
AFFIDAVIT of MERIT setting forth meritorious defense to plaintiff's claim that shows how plaintiff won't be unreasonably prejudiced by re-opening the case

Front 18

Civil Procedure - Joinder of Parties on the basis of Vicarious Liability
A POPE is held liable for the acts of others.

Back 18

AGENT PRINCIPAL OWNER of property PARTNER EMPLOYEE

Front 19

Civil Procedure - claims not barred by tolling rmder Statute of Limitations
The claim WAS time-barred but plaintiff LOPED into court anyway.

Back 19

WRITTEN AMENDMENT SOLDIER/SAILOR
LENGTHEN OBTAINING PAYMENT EQUITABLE DISABILITY/DEATH

Front 20

Civil Procedure - reasons to grant Motion to Dismiss
In SIDEBAR, Plaintiff Finally admitted the claim should be dismissed.

Back 20

SoF INFANCY/INCOMPETENCY DISCHARGED
ESTOPPEL BARRED ARBITRATION RELEASE
PAYMENT FAILURE to state a claim

Front 21

Civil Procedure - Provisional Remedies
When a LIAR tells a LIE, the COP will FIND CJ because he's a SLOB.

Back 21

LIAR - the four provisional remedies LIE - reasons to grant preliminary injunction
COP - procedural requirements
FIND CJ - extraordinary circumstances needed to get order of attachment
SLOB - lis pendens requirements

Front 22

Civil Procedure- considerations of court in assigning Joint & Several Liability The judge uses WHIP And ROD to assign joint & several liability.

Back 22

WORKER'S HAZARDOUS INTENTIONAL PROPERTY
AUTOMOBILE RECKLESS
OVER 50%
DEATH

Front 23

Civil Procedure - Venue
Venue is chosen with TLC, but if WASP MEN are on your land, you have to file locally.

Back 23

TLC - types of action that determine venue
WASP MEN - claims involving property rights generally must be filed locally

Front 24

Civil Procedure - Discovery Devices
the MAID must get PAID to discover evidence

Back 24

MENTAL ADMISSIONS INTERROGATORIES DEPOSITIONS
PHYSICAL ADDRESSES INSPECTION DISCOVERY not held

Front 25

Civil Procedure - Objections To Method of Inquisition
Poorly phrased questions set off the BAC door ALARM.

Back 25

BROAD AMBIGUOUS COMPOUND
ARGUMENTATIVE LEADING ASSUMING REDUNDANT MISQUOTE

Front 26

Civil Procedure - Sanctions during Discovery This Judge DRIPS hot wax as a sanction for misbehavior.

Back 26

JUDGMENT DISMISSAL RESOLUTION IMPOSITION PRECLUSION STRIKE

Front 27

Civil Procedure
Reasons Why An Arbitration Award May Be Vacated
The arbitrator was BLAMED so his judgment was vacated.

Back 27

BIAS LACKED ARTICLES MISCONDUCT EXCEEDED DEMAND

Front 28

Commercial Paper Elements of Negotiability
Rights of Holder in Due Course
WOSSUPP! if WE FUC, you'll get DAFFIDILS.

Back 28

WOSSUP- elements that make an instrument negotiable
WE FUC - an HDC takes instrument free of all claims and personal defenses DAFFIDILS - an HDC takes instrument subject to real defenses

Front 29

Constitutional Law - Limitations on Judicial Power a federal judge cannot SMAC or RAPE.

Back 29

STANDING
MOOTNESS
ABSTENTION for independent state grounds
Case in CONTROVERSY

RIPENESS
ADVISORY opinion
POLITICAL questions
ELEVENTH Amendment

Front 30

Constitutional Law- Limitations on Legislative Power
As your congressman, I SWAP CAPITAL for DEFICIT.

Back 30

COMMERCE - interstate


ALIENS, naturalization, citizenship
POSTAL Service (limited by 1st & 4th Am.) INVESTIGATION of facts related to subjects over which Congress may legislate TAXING to Raise Revenue (general welfare)
ADMIRALTY - navigable waterways LEGISLATE!!! (rather than execute or adjudicate the law) (for)
DELEGATION of legislative authority (Chadha limitation on Pres veto power & bicameral structure)
ELECTIONS

Front 31

Constitutional Law - Presidential Power
The president can eat at PF chang's with one CAVEAT.

Back 31

PARDON FOREIGN
COMMANDER APPOINTMENT VETO EXECUTIVE ADVISE TREATY

Front 32

Constitutional Law
Limits to Exercise of Power by Government
You must SPECIFICLE state how the government violated your constitutional rights.

Back 32

SUBSTANTIVE DP
PROCEDURAL DP
EPC
CIVIL rights
IMMUNITIES
FIRST AMENDMENT
IRREBUTTABLE presumptions
CONTRACTS
retroactive LEGISLATION
ECONOMIC taking

Front 33

Constitutional Law
Due process - Fundamental Liberties
Courts strictly scrutinize government action involving a STAR VP CAMPER.

Back 33

STAR VP- S, Travel, Alienage, Race, Vote, Privacy

CAMPER - privacy - Contraception, Abortion, Marriage, Procreation, Education, Relations to Family

Front 34

Constitutional Law - Takings
Valid Public Purpose
5th Am. - Fed / 14th Am. - State/Local
SHE validly took the SWAMP by eminent domain.

Back 34

Safety Health Economic
Social Welfare Aesthetic Moral ends Political

Front 35

Constitutional Law - Equal Protection
Strict Scrutiny Suspect Classes The government RAN out of class when the judge strictly scrutinized its behavior.

Back 35

RACE - purposeful discrimination required (facially or as applied)
ALIENAGE - state/local action only (except regulation of participation in government, e.g. teachers, police, jury duty subject to rational basis test); fed action gets rational basis test)
NATIONAL origin

Front 36

Constitutional Law - Preemption by Federal Law Federal law can PUSH around state law.

Back 36

PERVASIVENESS
UNIFORMITY of federal regulatory scheme
SIMILARITY between laws
not HISTORICALLY left to State

Front 37

Constitutional Law - Dormant Commerce Clause
(limitation on state action) Nonresident Statutes Are Rude.

Back 37

General: States cannot discriminate against out of state actors.

A. If facially discrimination Against Out of State Actors

1. Least Restrictive Means Test - Must [1] serves a compelling interest and [2] no other ways to meet the interest.

B. If Incidentally Burdens Out of Staters

1. balanced state's important interest vs. how much burden is caused

C. Exceptions
1. Congressional Authorization or
2. Market Participation Rule

Front 38

Constitutional Law - Obscenity
The porn on Miller's LAPTOP is not obscene in the privacy of his home unless it includes kiddie porn.

Back 38

Miller v. California
LAPTOP

Front 39

Constitutional Law
Unavailability of Privileges & Immunities claims
if U don't give a CRAP, you can't claim privileges & immunities.

Back 39

UNITED STATES government
CORPORATIONS
RESIDENTS of the state whose law is being challenged
ALIENS PARTNERSHIPS

Front 40

Constitutional Law - Limitation on State Action
(14th & 15th Am.)
the State's PLEA fell on deaf ears

Back 40

SHELLEY V. KRAMER
PUBLIC functions LICENSING ENCOURAGMENT AID

Front 41

Constitutional Law - Establishment Clause Violations
Church and state can't PEE in the same urinal.

Back 41

PURPOSE. Law or conduct must have a primarily secular purpose
EFFECT. Primary or inevitable effect of law or conduct must neither advance nor inhibit nor endorse religion.
ENTANGLEMENT. Law or conduct can't foster excessive governmental administration or entanglement with religion

Front 42

Contracts - Subject Acrostic covers Common Law & UCC Sales
Forty Drunk Pirates Drank Beer Then Ran

Back 42

Formation Defenses to contract formation
Performance Discharge of duty to perform Breach - effects
material - recover foreseeable damages or rescind/mitigate;
minor - perform & recover damages for immaterial breach Third Party Beneficiaries, Assignment & Delegation Remedies for breach

Front 43

Contracts - Common Law
Essential Contract Terms

Back 43

Q-TIPS

Front 44

Contracts - Applicability of Statute of Frauds a fake ORGASM violates the statute of frauds

Back 44

ONE year REAL estate GOODS >$500
ADMINISTRATOR SURETY MARRIAGe

Front 45

Contracts
Exceptions to Statute of Frauds
No writing necessary if the deal is made in a SWAMP.

Back 45

SPECIALLY Mfg WAIVER ADMISSION MERCHANT MEMO
PARTIAL performance

Front 46

Contracts - Elements of Legal Relationship
a TACO has all the ingredients to make a contract.

Back 46

TERMS ACCEPTANCE CONSIDERATION OFFER

Front 47

Contracts - Termination of Offer
Don't offer IDLE CIDER that's expired.

Back 47

INCAPACITY DEATH LAPSE
EXPRESS rejection
COUNTEROFFER ILLEGALITY DESTRUCTION EFFECTIVE mailbox REVOCATION

Front 48

Contracts - Termination of Options three ways options can DIE

Back 48

DESTRUCTION of subject matter of option INTERVENING illegality EXPIRATION of stated option time

Front 49

Contracts - Defenses to Formation
IF (I) C SCUM, this contract never happened.

Back 49

IF (I) C SCUM = equity of rescission ILLEGALITY
FRAUD - in inducement or execution
(I) love contracts COERCION - lack of consent or duress STATUTE of frauds
CAPACITY - minors, mental
UNCONSCIONABLE k - gross disparity, against public policy
MISTAKE - generally only allowed with mutually grave error while contract is still executory

Front 50

Contracts - Parol Evidence Rule
DECAF Includes parol evidence but a FOAM LID keeps the contract from forming.

Back 50

DECAF I - elements of parol evidence rule
FOAM LID - parol evidence that will serve as a defense to formation

Front 51

Contracts - Discharge of Duty to Perform
IF A NIMROD is discharged of his duty to perform, so are you.

Back 51

IMPRACTICABILITY FRUSTRATION of purpose
ACCORD and satisfaction
NOVATION IMPOSSIBILITY MODIFICATION RESCISSION (mutual)
OCCURRENCE of condition subsequent
DEFENSE to formation

Front 52

Contracts
Excuse of Conditions & Discharge of Duty to Perform
WIVES PAD their pockets with excuses to get out of contracts.

Back 52

WIVES PAD
these conditions excuse performance

Front 53

Contracts - Formation by Quasi-Contract
I painted your CURB so you owe me.

Back 53

CONTRACT implied in FACT or at LAW
UNJUST enrichment if defendant allowed to keep benefit without legal detriment


REASONABLE expectation of being compensated
BENEFIT conferred upon defendant by express request or implied permission

Front 54

Contracts - UCC Article 2
Material Alteration of Offer
A merchant that WARPS my offer with his reply memo makes me Just Livid.

Back 54

WARRANTY ARBITRATION RISK of loss PAYMENT SHORTENING SoL
JURISDICTION LIABILITY waiver

Front 55

Contracts - UCC Article 2
Implied Terms in Sales Contracts
I CITE the UCC to prove implied terms.

Back 55

INSPECTION
CREDIT INSURANCE TENDER EXCHANGE
UNIFORM COMMERCIAL CODE

Front 56

Contracts - UCC Article 2
Seller's Remedies for Buyer's Breach
When the buyer is a K LAPSER, seller has remedies.

Back 56

KEEP deposit LOST profit ASSURANCES PRICE
STOP goods EXERCISE reclamation RESELL

Front 57

Contracts - UCC Article 2
Buyers Remedies for Seller's Breach
a buyer Can Revoke Security or WAIT when seller breaches.

Back 57

CANCEL REVOKE SECURITY
WITHHOLD $ ACCEPT & recover
$ INADEQUATE = demand
TENDER & claim

Front 58

Contracts - UCC Article 2
Warranties
warranties are Fully TEAMED with goods sold.

Back 58

FITNESS
TITLE ENCUMBRANCES AFFIRMATIONS MERCHANTABILITY EXPRESS warranties
as DESCRIBED

Front 59

Contracts - UCC Article 2
Defenses to Breach of Warranty
GRAMPA can't be liable for breach of warranty.

Back 59

Government Running SoL Absence Misuse Preemption Assumption

Front 60

Corporations - Piercing The Corporate Veil
TWIST the knife to pierce the corporate veil.

Back 60

TEN sh WORKER's comp ILLEGALITY SALES/corp tax unpaid TORTIOUS acts

Front 61

Corporations - Contents of Articles of Incorporation.
It's A PAIN to write the articles of incorporation.

Back 61

AUTHORIZED shares


PURPOSE


AGENT authorized to receive service of process
INCORPORATORS NAME and address of corporation

Front 62

Corporations - Contents of Certificate of Incorporation the corporation's certificate of incorporation lists PVT MCLAW

Back 62

PREEMPTIVE rights VALUE of par TRANSFER restrictions
MAJORITY CUMULATIVE voting LESS than maj to dissolve sh AGREEMENTS
at WILL

Front 63

Corporations
Actions Requiring Shareholder Approval
Shareholders deserve A DAMN SALAD if the corporation makes a big change.

Back 63

AMENDMENT DISSOLUTION ASSET MERGER NAME
SURETY AGENT LOCATION
ABOLISHING liability
DIRECTOR loans

Front 64

Corporations - Appraisal Rights of Shareholders if PAM C dissents, she gets appraisal rights.

Back 64

PREEMPTIVE ASSET MERGER
CUMULATIVE

Front 65

Corporations - Appraisal Right Valuation
The court will AIM for fair value in determining appraisal rights.

Back 65

ASSET INVESTMENT MARKET

Front 66

Corporations - Duties of Directors & Officers
Directors & Officers who get SUED For being OLD can fire a FLARE.

Back 66

SUED - types of conflict of interest
FOLD - usurpation of corporate opportunity tests
FLARE - defenses to usurping corporate opportunity

Front 67

Corporations -
Actions of Directors that cannot be indemnified
Directors can't be indemnified for RIBALD Gains.

Back 67

REDEMPTION INTENTIONAL misconduct BAD faith
ASSETS before creditors improper LOAN DIVIDEND
unjust GAIN

Front 68

Corporations - Shares With No Preemptive Rights
If your shares have a STAMP, you don't have preemptive rights.

Back 68

STOCK INCENTIVES TREASURY AUTHORIZED w/in 2 yrs MERGER
PURCHASE w/o cash

Front 69

Corporations - Irrevocable Proxy Voting Rights
You can't revoke a proxy for PEACE.

Back 69

if PLEDGED not ENTITLED AGREEMENT by sh CREDITOR EMPLOYEE w/proxy

Front 70

Corporations - Elements of 10b-5
Stock Transfer Liability
In the MIDST of the STORM, it feels like a category 10b-5.

Back 70

MATERIAL fact INTERSTATE DAMAGES STANDING TIPPER/TIPPEE
SCIENTER TARGETED sh OMISSION RELIANCE MISSTATEMENT

Front 71

Corporations - Liability Under Sarbanes-Oxley
Get the BAD TIC out of your SOx.

Back 71

BANNED loans ATTORNEY liability DISCLOSE ethics req.TRADING limits INDEPENDENT auditing CERTIFICATION of internal controls
SARBANES OXley

Front 72

Corporations
Valid Reasons For Judicial or Voluntary Dissolution
To dissolve a corporation, just I.D. the WOLF in the boardroom.

Back 72

ILLEGAL conduct
DIVERSION of corporate assets to directors/officers WASTE (including that which results from deadlock) OPPRESSION of minority shareholders
LOOTING FRAUD

Front 73

Criminal Law - Crimes Requiring Specific Intent
It's a specific intent crime to Purposely FLAME CRABS.

Back 73

false PRETENSES
Forgery
Larceny
Attempt
Murder, first degree
Embezzlement

Conspiracy, Robbery, Assault, Battery (aggravated), Solicitation

Front 74

Criminal Law - Crimes Requiring General Intent
It's a general intent crime for MARK to FIB.

Back 74

Murder in the commission of a dangerous, statutorily enumerated felony
Arson
Rape
Kidnapping

False imprisomuent
Involuntary manslaughter
Battery

Front 75

Criminal Law - Defenses Available
the prosecutor PACED as his charges against defendant fell like DOMINOS

Back 75

AGE (7 to 13 = rebuttable presumption that child doesn't understand) prevention of CRIME constituting breach of peace (non-deadly) or risking human life (deadly) ENTRAPMENT
DURESS (mitigates murder to manslaughter)
DRUNKENNESS OTHER party consented to act MISTAKE of fact
INSANITY NECESSITY - avoid a greater evil defense of OTHERS

Front 76

Criminal Law - When Omission To Act Is A Crime
You can't just watch them SCRAP when you've got a legal duty to break it up.

Back 76

STATUTORY duty (filing taxes) CONTRACT (nurse, lifeguard) RELATIONSHIP (parent, spouse)
ASSUMPTION of duty voluntarily (rescuer liability) PERIL (caused risk of harm)

Front 77

Criminal Law - Defense To Felony Murder the BUC stops at the co-felon

Back 77

no reason to BELIEVE co-felon was armed or intended to engage in conduct likely to result in death
UNARMED; and
didn't COMMIT, command or request homicide;

Front 78

Criminal Law - Strict Liability Crimes
If you pick a SCAB, you're strictly liable as a criminal.

Back 78

STATUTORY CONTRIBUTING ABNORMALLY BIGAMY

Front 79

Criminal Procedure
Exceptions to Search Warrant Requirement SHAPE up WISEACRE or I'll search you without a warrant.

Back 79

AUTOMOBILE PLAIN view EVANESCENT evidence (up)
WIRETAP w/ one party’s consent INCIDENT to lawful arrest SCHOOL property
EXIGENT circumstances
ADMINISTRATIVE searches (e.g. Border, Airport) CONSENT to search expressly granted

Front 80

Criminal Procedure
Exceptions to the Exclusionary Rule
U SAID G was fruit of the poisonous tree but he's not.

Back 80

USE for impeachment independent SOURCE
ATTENUATED chain of causation between tainted evidence and illegal action
INTERVENING act of free will inevitable DISCOVERY
GOOD faith of police & magistrate in issuing invalid warrant

Front 81

Evidence - Subject Outline Mnemon

Follow RECIP(e) H to decide if the evidence is admissible.

Back 81

Relevance
Extrinsic policies
Character evidence
Impeachment
Privileges
(e)

HEARSAY

Hint 81

Evidence - admissibiity

Front 82

Evidence - Rule 403
Exclusion of Relevant Evidence
the UMP doesn't have to let the evidence IN

Back 82

UNDUE delay
MISLEAD the jury
PREJUDICIAL effect on jury confusion of
ISSUES
NEEDLESS presentation of cumulative evidence

Hint 82

Evidence - Exclusion of Relevant Evidence

Front 83

Evidence - Inadmissible Relevant Evidence
I like PORN but it's still inadmissible.

Back 83

INSURANCE proving fault
PRIVILEGED communication
OFFERS of compromise
REMEDIAL measures
NEGOTIATION during plea

Hint 83

Evidence - Inadmissible Relevant Evidence

Front 84

Evidence - Self-Authenticating Documents
OIL CANS are self-authenticating.

Back 84

OFFICIAL INSTRUMENTS LABEL
CERTIFIED ACKNOWLEDGED NEWSPAPERS SEALED

Front 85

Evidence - Non-Hearsay Requiring Testimony
The "4 Priors" aren't hearsay provided the declarant testifies.

Back 85

1. prior recorded recollection


2. prior out of court identification


3. prior consistent statement


4. prior inconsistent statement given under oath and subject to perjury

Front 86

Evidence - Non-Hearsay Regardless of Testimony
SANE evidence is not hearsay so it's admissible.

Back 86

STATE of mind
ADMISSION by party opponent
NONASSERTIVE conduct
EFFECT on listener

Front 87

Evidence - Introduction of Character Evidence at
Civil Trials

Character evidence can be introduced in a civil trial after Chopping WEEDS.

Back 87

CHILD custody cases
WRONGFUL death
ENTRAPMENT negligent
ENTRUSTMENT
DEFAMATION
SELF-DEFENSE

Front 88

Evidence - Introduction of Character Evidence at
Criminal Trials

To introduce character evidence in a criminal proceeding, MIAMI KOPS must...

Back 88

MOTIVE
IDENTITY
Absence of Mistake
Identity

Knowledge
Opportunity
Preparation
Plan/Scheme

Front 89

Evidence - Hearsay Exceptions
Admissibility of Business Records

Business records feature the sound of DRUMS.

Back 89

DURING ROUTINE
UNTRUSTWORTHY
MADE SOURCE

Front 90

Family Law- Requirements of Prenuptial Agreements
Prenups are enforceable if the spouses SPIED on each other.

Back 90

SUPPORT - must be fair at time of enforcement
PROPERTY - must be fair at time of execution
IN WRITING - court does not bind on issues involving children ENTERED voluntarily into by both parties with knowing consent DISCLOSURE - full and fair

Front 91

Family Law- Right to Late Spouse's Benefits
A widow can drink all the VINOS she wants.

Back 91

VETERAN's pensions
INDEMNITY compensation for service-connected deaths
NURSING home and medical care
OTHER survivor benefits (i.e. contractual rights, insurance benefits) SOCIAL security pension - supplemental security income

Front 92

Family Law- Validity Requirements of Marriage
To validate his marriage, the groom must CROWN his lovely bride's ASS.

Back 92

CONSANGUINITY RECOGNIZED c/l OBTAIN license WITNESSES
NO spouse
AGE SOLEMNIZED SIGNED

Front 93

Family Law - Marriage
Grounds for Declaration of Invalidity
The FACTOID about the Resident APE getting married was declared invalid.

Back 93

FRAUD AGE CONSANGUINITY TIMELINESS
OUT-OF-STATE void INCAPACITY DURESS
RESIDENT ANNULMENT
PRIOR MARRIAGE
EFFECT on children

Front 94

Family Law - Typical Provisions of a Parenting Plan
Divorcing parents throw DARTS at a board to decide who gets the kids.

Back 94

DESIGNATION of primary residential parent ALLOCATION of decision-making authority RESTRICTIONS on contact, where appropriate TRANSPORTATION arrangements SCHEDULE for residential contact with child

Front 95

Family Law - reasons to grant Temporary Restraining Order
a family in DIRE need may request a temporary restraining order

Back 95

prevent DISPOSAL or concealment of property
prevent INTERFERENCE or molestation with peace of opposing party or child prevent REMOVAL of a child from jurisdiction of court
prevent ENTRY into family home of either party

Front 96

Family Law - Grounds for Dissolution
IF you hit your spouse like a PIÑATA, the court will probably grant their petition for divorce.

Back 96

IRRETRIEVABLY BROKEN FILE in proper venue

PERSONAL jx INCARCERATION or INCAPACITY ÑO FAULT CONVERSION ADULTERY
TREATMENT (cruel/inhumane) ABANDONMENT

Front 97

Family Law - Factors Affecting "Just and Equitable" Distribution
Your lifestyle might GET CRAMPED when marital assets are equitably distributed.

Back 97

GOODWILL EXTENT of property TENANCY IN COMMON
COMPENSATION
right of REIMBURSEMENT ALL property subject to division MARITAL standard of living PENSIONS
EARNING capacity
DURATION

Front 98

Family Law- Specific Obligations Included In
Child Support Orders
Support HAS TILTeD in favor of the children.

Back 98

HEALTH CARE ACTIVITIES
STATE SUPPORT SCHEDULE
TRANSPORTATION INCOME recalculation LIFE insurance
TAX eXEMPTION
downward DEVIATIONS

Front 99

Professional Responsibility- Duties To Client
When playing 5-Card STUD with a client's money, I must be a responsible professional.

Back 99

CCCCC (5-Card) STUD

Front 100

Professional Responsibility
Withdrawing from Attorney/Client relationshipWE attorneys suffer from MANICURE withdrawal.

Back 100

ETHICAL violation will occur if client is representedMALICIOUS harassment will be brought upon opposing party with no good faith that claim/defense is warranted under law
ATTORNEY is being employed to commit past crime/fraud
*proper NOTICE of withdrawal must be given to client INCOMPETENCY of attorney to handle matter CRIMINAL or fraudulent conduct required UNREASONABLE financial burden on attorney
*REFUND all papers/property of client, along with unearned fees, upon withdrawal EXPENSES or fees promised by client are not paid

Front 101

Real Property - Covenants of Title under Warranty Deed

The buyer CEASED worrying when seller delivered a warranty deed.

Back 101

CONVEY
ENCUMBRANCES
ASSURANCES
SEISIN
ENJOYMENT
DEFENSE

Front 102

Real Property - Requirements for obtaining title by
Adverse Possession
An adverse possessor's voice must ECHO long enough to get title to the property.

Back 102

EXCLUSIVE and actual
CONTINUOUS for the statutory period
HOSTILE (without permission)
OPEN and notorious

Front 103

Real Property- Non-Possessory Interests In Land
Let me C NIPPLES and I'll let you use my land.

Back 103

COVENANT
NECESSITY IMPLICATION PROFIT PRESCRIPTION LICENSE EXPRESS SERVITUDE

Front 104

Real Property
Termination or Expiration of Non-Possessory Interests In Land
REMAND use of that ACRE back to its rightful owner!

Back 104

RELEASE EMINENT domain MERGER ABANDONMENT NECESSITY DESTRUCTION

ABUSE CHANGED REVOCATION (licenses) ESTOPPEL

Front 105

Real Propert - Ways to Sever a Joint Tenancy to sever a joint tenancy's TTIP, RIP'M apart

Back 105

TTIP - 4 Unities
RIP'M - ways to sever a JT

Front 106

Real Property - Permissible Zoning Practices The zoning board won't let me plant my FICUS in that GAP.

Back 106

FLOATING zone ISSUE permits CONTRACT zoning planned UNIT development
SEGREGATE incompatible use

GRANT variances AMEND ordinance PLANNING

Front 107

Real Property - Deed Requirements
You can't transfer property unless the deed IS WILD.

Back 107

IDENTIFIES SIGNED
WRITING INTENT LAND DELIVERED

Front 108

Real Property - Tenant's Remedies for Breach by Landlord

If landlord breaches, tenant can hit the ROAD.

Back 108

RESCIND the lease agreement
OFFSET rent payment after repair
ABATE rent until landlord fixes problem
DAMAGES ordered by court

Front 109

Real Property - Landlord's Obligations to Tenant

A landlord's day is MIRED with responsibilities to his tenants.

Back 109

MAINTAIN
IMPLIED warranty of habitability
REPAIR
warrant quiet ENJOYMENT DELIVER possession

Front 110

Real Property - Tenant's Duties to Landlord
WE R UP to date with rent payments.

Back 110

abstain from committing WASTE
refrain from interfering with quiet ENJOYMENT of other tenants pay RENT USE premises for legal activities only fulfill PROMISES made to repair

Front 111

Real Property - Landlord's Remedies for Breach by Tenant
Pay the rent or you're DEAD.

Back 111

withhold DEPOSIT
EVICTION
ACCELERATION clause
DAMAGES for holdover

Front 112

UCC Article 9 Secured Transactions
Classes of Tangible & Intangible Goods
a FAN is a SPECIFIC type of goods covered under UCC Article 9.

Back 112

FARMING products
ACCOUNT proceeds received upon sale of collateral
NOTES (promissory & drafts)
STOCKS, bonds & mutual funds PERSONALTY - chattels / movable goods generally EQUIPMENT
CONSENSUAL security interests only (not statutory or mechanic liens) INVENTORY
FIXTURES annexed to real estate (lighting fixtures, sprinkler systems, furnaces, etc.) INTELLECTUAL properties
CONSUMER goods

Front 113

UCC Article 9 Secured Transactions
VCR
The 3 Requirements for Attachment

Back 113

VALUE must be given by creditor
CONTRACT - the security agreement serves as evidence of the secured transaction unless the secured party has taken possession of the collateral.
debtor must have RIGHTS in the collateral.

Front 114

UCC Article 9 Secured Transactions
Priority of Creditors
Article 9 dictates which creditor gets to keep the O-PA-L NUG(get).

Back 114

buyer in ORDINARY course PERFECTED ATTACHED creditor LIEN creditor
NON-ordinary course buyer
attached UNPERFECTED creditor (including bankruptcy trustee) GENERAL unsecured creditor

Front 115

UCC Article 9 Secured Transactions
Advantages to Purchase Money Security Interest (PMSI) Status HATS off to PMSI creditors because they get top priority.

Back 115

HOUSEHOLD goods mere ATTACHMENT TWENTY day grace
SUPER priority on inventory

Front 116

UCC Article 9 Secured Transactions - Assignees
&
UCC Article 3 Commercial Paper - Holder in Due Course three requirements to avoid being subject to personal defenses

Back 116

FOR value IN good faith without NOTICE

Front 117

UCC Article 9 Secured Transactions
Methods of Perfection
Perfection Calls For Many Things (5)

Back 117

Possession
Control
Filing the financing statement in debtor's state Mere attachment (consumer goods and PMSI) Title certificate

Front 118

UCC Article 9 Secured Transactions
Permitted Contents of Security Agreements
The FOCAL Point of a security agreement is the collateral.

Back 118

FUTURE cash advances OTHER duties/rights describe COLLATERAL
AFTER-ACQUIRED clauses floating LIEN on fast-turning inventory
PROCEEDS upon disposition

Front 119

UCC Article 9 Secured Transactions
Repossession Right of Creditor upon Default by Debtor
The repo man SCAR'D the debtor but that's his right.

Back 119

STRICT foreclosure get CONSENT to take judicial ACTION REPOSSESSION DISPOSITION sale

Front 120

Torts - Transferred Intent Doctrine
Five Relevant Torts
you Can't BAIL if you intended one tort but did something else

Back 120

trespass to CHATTELS
BATTERY ASSAULT
false IMPRISONMENT
trespass to LAND

Front 121

Torts - Negligence
Elements to make out a Prima Facie case
Any band that puts out a DRAB CD is guilty of negligence to its fans.

Back 121

DUTY to exercise
REASONABLE care
to ANYONE in plaintiff's position
a BREACH of the duty to prevent the foreseeable risk of harm
CAUSATION (actual/"but for" and proximate/legal)
resulting DAMAGES caused by the breach

Front 122

Torts - Negligence
Alternative Standards of Care beyond "the reasonable person"
SKIDMART didn't HELP that COUPLE so they'll be held to a different standard of care.

Back 122

liability to AUTOMOTIVE non-paying guests for reckless driving
RES ipsa loquitur
TRAVELERS aboard a common carrier ("highest" duty)
HOSPITAL and patients (special relationship) EMPLOYER and employees (special relationship) LANDLORD and tenants (special relationship)
PRISONERS held by law enforcement (special relationship)
CREATION of harm - duty to alleviate consequences of defendant's act when it creates risk of harm to others, even if act was not negligent
OWNER/OCCUPIER of land - varying duties to invitees, licensees and trespassors

Front 123

UNDERTAKING to act - may not abandon an attempted rescue if defendant leaves plaintiff in

Back 123

Torts - Causes of action related to Products Liability
You are liable for harm done if you use your PENIS as a product.

Front 124

PUBLIC misrepresentation EXPRESS warranty NEGLIGENCE IMPLIED warranty
STRICT products liability

Back 124

Torts- Bases of Strict Liability for Injury to Persons or Property
You will be strictly liable for missing the day if you are not UP at DAWN.

Front 125

ULTRA-HAZARDOUS, abnormally dangerous activities defective PRODUCTS
(at)
DOMESTIC animals with known dangerous propensities
ALL injuries caused by wild ANIMALS WORKER's compensation (statutory strict liability)
NO-FAULT automobile insurance (statutory strict liability)

Back 125

Torts - Causes of Action for Economic Injury causing FAMINE is an economic tort.

Front 126

FRAUD ABUSE of process MALICIOUS prosecution INJURIOUS falsehood
NEGLIGENT misrepresentation interference with prospective ECONOMIC advantage

Back 126

Torts- Theories of Vicarious Liability
i DARE Plaintiff to Join vicariously liable tortfeasors.

Front 127

DELEGATION of danger AUTOMOBILE ownership RESPONDEAT superior Negligent ENTRUSTMENT
known PROPENSITIES JOINT enterprise

Back 127

Torts - Attractive Nuisance
Test To Determine Liability
An attractive nuisance is a REAL threat to the safety of children.

Front 128

RECOGNITION of danger EXPENSE ARTIFICIAL
LIKELY trespassors

Back 128

Torts- Defenses to Defamation
Privileges
It's bad P.R. to defend FOGIES in defamation cases.

Front 129

PROCEEDINGS REPORTS

FIRST amendment OPINIONS GOVERNMENT officials INTEREST of
EQUAL time broadcasts
SPOUSES

Back 129

Torts - Statements that Constitute Slander Per Se
It's slander per se to call someone SLIM.

Front 130

SEXUAL misconduct (lack of chastity of a woman) LOATHSOME, communicable disease INCOMPETENCE in trade or profession conduct/crime involving MORAL turpitude

Back 130

Torts - Defenses to Intentional Torts
Hell hath no fury like A SCORN'D tort victim.

Front 131

ARREST
SHOPKEEPER's privilege
CONSENT defense of OTHERS RECAPTURE of property NECESSITY
DEFENSE under protective privilege (self, land, chattels)

Back 131

Torts - Available Remedies
Damages, Restitution, Equity
Get back at a tortfeasor by Playing CLARINET.

Front 132

PUNITIVE damages
COMPENSATORY damages equitable LIEN ASSUMPSIT REPLEVIN INJUNCTION
NOMINAL damages EJECTMENT constructive TRUST

Back 132

Torts - Limitations on Awarding of Damages
tort damages are measured by how well you FUCC.

Front 133

FORESEEABLE - damage/injury must be foreseeable at the time duty is breached (proximate cause)
UNAVOIDABLE - no recovery for losses which reasonably could have been avoided or mitigated damages must be CAUSED by defendant's breach ("but for" causation)
sufficiently CERTAIN - damages cannot be speculative

Back 133

Torts - Defenses to Claims Brought in Equity
Rights in equity LAPSE if U assert a proper defense.

Front 134

LACHES
freedom of ASSOCIATION injunction against PROSECUTION freedom of SPEECH
injunction to ENJOIN crime
UNCLEAN hands

Back 134

Trusts - Elements of a Valid Trust
I know the PARTS of a valid trust.

Front 135

INTENT to create
valid PURPOSE ASCERTAINABLE beneficiaries RES
named TRUSTEE SETTLOR

Back 135

Trusts - Ways a Trust can be Created it's WICKED smart to create a trust.

Front 136

by WILL INTER VIVOS CONSTRUCTIVE/resulting by K (contract)
EXERCISING power of appt.
DECLARATION

Back 136

Trusts- Duties of Trustee
The trustee had a duty to make sure the beneficiary wasn't drinking SPOILED CAB.

Front 137

SELF-DEALING PROTECT corpus
not usurp OPPORTUNITIES INFORM on big transactions LITIGATE
EXERCISE care, skill, prudence not DELEGATE authority
COMPLY with terms
ACCOUNTING
refrain from BORROWING

Back 137

Trusts- Trustee's Defenses for Breach of Duty
A trustee can KIL a suit against him for breach of duty.

Front 138

KNOWING INSTRUMENT LACHES

Back 138

Trusts - When a "Charging Order" to
Invade a Spendthrift, Support or Discretionary is Permitted
Certain ANTICS let creditors invade the principal of protective trusts.

Front 139

ALIMONY NECESSITIES TAXES
INTENTIONAL hindrance of creditor
CHILD SUPPORT SELF-SETTLED trust assets

Back 139

Future Interests - Applicability of Rule Against Perpetuities
RAP music is ECO-friendly.

Front 140

RULE AGAINST PERPETUITIES EXECUTORY interests CONTINGENT remainders OPEN class remainders

Back 140

Future Interests - Allowed Restraints on Alienation
U F See fighters are good at restraining aliens.

Front 141

USE restrictions right of FIRST refusal "wait and SEE"

Back 141

Trusts - Ways a Trust can be Terminated


When a trust wants to be terminated, it yells "Pour some ACID on ME!!!"

Front 142

PETITION to court
ACCOMPLISHED purpose CONSOLIDATION of trusts INCOME interest terminates DONOR termination
MERGER of title
EXPIRATION of trust term

Back 142

Wills - Elements of a Valid Will
I CAST a valid will into the stream of probate court.

Front 143

INTENT to devise contents upon death at time of execution
CAPACITY to understand the property, people involved and the effect of executing the instrument.
ATTESTED to by two competent, non-interested witnesses SIGNED by testator or person directed who is within "line-of-sight" TESTAMENTARY age of legal capacity

Back 143

Wills - Eight Frequently Tested
Problematic "Takers" Under the Will An executor looks to the LIAR DOCS to decide who takes under the will.

Front 144

LATER spouse IRREVOCABLE living trusts ADOPTED children REFUSAL by beneficiary
subsequent DIVORCE OMITTED surviving children beneficiaries included in CLASS SATISFACTION by inter vivos transfer

Back 144

Wills - Will Challenges
Grounds To Contest a Dependable, Constructive UMPIRE decides whether a will can be contested.

Front 145

DEPENDANT relative revocation may apply if subsequent will or codicil is invalid AND prior valid will is substantially identical & consistent with testator's intent


CONSTRUCTIVE trust may be necessarily imposed to prevent unjust enrichment or injustice to omitted beneficiary (wrongdoer serves as trustee, ha ha ha)



indicia of UNDUE influence (only a CAD ROBS a rich testator)
MISTAKE in the execution (wrong document signed with no intent to make a will--will invalid, parol evidence inadmissible)
fraudulent PREVENTION of a will being written fraud in the INDUCEMENT
failure to REVOKE
fraud in the EXECUTION

Back 145

Wills - Undue Influence
Factors to Consideronly a CAD ROBS a rich testator.

Front 146

CONFIDENTIAL (or fiduciary) relationship exists ACTIVE participation in will preparation or execution DISPOSITION to exercise undue influence
unnatural RESULT OPPORTUNITY to exercise undue influence undue BENEFIT to alleged wrongdoer SUSCEPTIBLE testator

Back 146

Wills - Classification of Legacies and Devises
Acrostic
Some Grantors Die Really Intestate

Front 147

Some - Specific devise or bequest
Grantors - General legacy Die - Demonstrative legacy Really - Residuary gift Intestate - Intestate property

Back 147

Wills - Ways to Revoke the provisions of a Will
DIVORCE will AMBUSH beneficiaries.

Front 148

DIVORCE post-will ISSUE VARIANCE OBLITERATION slayer RESTRICTION CY PRES
EXPRESS revocation
ADEMPTION
post-will MARRIAGE BEQUEST advancement
UNIFORM Simultaneous Death Act SIGNATURE defaced HOLOGRAPHIC codicil

Back 148

Wills - Surviving Spouse's Right to Elective Share
A surviving spouse won't get the SHAFT Provided she takes her elective share.

Front 149

SOCIAL SECURITY HOMESTEAD ALLOWANCE FRACTIONAL TANGIBLE
PRIVATE PENSION PLANS

Back 149

Wills - Ways for Surviving Spouse to Maximize Elective Share
United Artists changed the SCRIPT. Now the surviving spouse gets a bigger elective share.

Front 150

US Savings Bonds
APPOINTMENT to self
SHAREHOLDER agreements gifts CAUSA mortis RETIREMENT benefits INTER VIVOS gifts w/in 1 yr
POST-MARRIAGE jointly held property
TOTTEN trust assets

Back 150

Wills - Slayer Statute Exceptions
A killer may still take if he acted without SIN.