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67 Cards in this Set
- Front
- Back
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Evidence Essay Analysis.
"Eager Ronald Reagan Pities Communists In Presidential Hall" |
(1) Examination (form of)
(2) Relevance (logical + legal) (3) Reliability (4) Public policies (barring otherwise relevant evid.) (5) Character (admissible to show) (6) Impeachment (admissible to) (7) Privileges (8) Hearsay |
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Community Property Essay Analysis.
General Essay: (1) ASAP-MD Actions by parties: (2) Action Got A Senator In Contempt Presumptions: (3) Presumptive Gentle Men Think Howard Johnson |
General Essay:
(1) ASAP-MD Actions by parties: (2) Action Got A Senator In Contempt Presumptions: (3) Presumptive Gentle Men Think Howard Johnson (1) Applicable law, Source, Actions by parties, Presumptions, Management/control, Disposition/division (2) Gift, Agreement, Separation, Improvements, Commingling (3) General presumption, Married woman's presumption, Tenancy in common presumption, Husband & wife presumption, Jointly held title presumption |
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Wills Essay Analysis.
"Valentine's Day Doesn't Reflect Real Devotion" |
1. Validity of will
2. Documents comprising of/relating to will 3. Defenses to formation of will 4. Revocation of will (partial/whole) 5. Revival of will (reexecution, republication) 6. Distribution of property in estate |
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Lawyers' Duties to Clients:
"California Clients Love Fierce Counsel" Lawyers' Duties to Court: "Courts Feel Differently" |
Lawyer's Duties to Client:
"California Clients Love Fierce Counsel" (1) Confidentiality (2) Competence (3) Loyalty (4) Fiduciary (5) Communication Lawyers' Duties to Court: "Courts Feel Differently" (1) Candor/truthfulness (2) Fairness (3) Decorum/dignity |
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Requirements for Injunction.
"I Put Five Bucks Down" |
Requirements for Injunction.
"I Put Five Bucks Down" 1. Inadequate legal remedy 2. Probability of success 3. Feasibility of enforcement 4. Balancing of hardships 5. Defenses |
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Requirements for Specific Performance.
"Cha Cha Is My Favorite Dance" |
Requirements for Specific Performance.
"Cha Cha Is My Favorite Dance" 1. Contract valid? 2. Conditions SATISFIED by P? 3. Inadequate legal remedy? 4. Mutuality of obligation? 5. Feasibility of enforcement? 6. Defenses to contract (mistake, misrepresentation, etc.)/equity (unclean hands, laches, unconscionable) |
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PERMANENT INJUNCTION (EQUITABLE REMEDY)
I Put Five Bucks Down |
Inadequate legal remedy
Property interest involved Feasibility of injunction Balance of hardships Defenses (laches, unclean hands, freedom of speech, impossibility, etc.) |
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Personal Jurisdiction.
"My Parents Frequently Forgot to Read Children's Stories" |
Personal Jurisdiction.
"My Parents Frequently Forgot to Read Children's Stories" 1. Minimum contacts: 2. Purposeful availment 3. Foreseeability 4. Fair play and substantial justice: 5. Relatedness of contact and claim 6. Convenience 7. State's interest |
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10b-5 Misrepresentation Requirements (Corporations).
"My Knowledge Is Actual" |
10b-5 Misrepresentation Requirements (Corporations).
"My Knowledge Is Actual" 1. Misrepresentation 2. Knowledge of falsity 3. Intent to induce purchase/sale of stock 4. Actual reliance on misrepresentation |
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Witness Competency.
"Peter Pan Can Sing" |
Witness Competency.
"Peter Pan Can Sing" 1. Personal knowledge 2. Present recollection 3. Communication 4. Sincerity |
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Federal Courts Justiciabilty.
"PARMA Sucks 11" |
Federal Courts Justiciabilty.
"PARMA Sucks 11" 1. Political question 2. Absention 3. Ripeness 4. Mootness 5. Advisory opinions 6. Standing 7. 11th Amendment limitations |
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Will related documents.
"Italian Inmates Always Carry Shotguns" |
Will related documents.
"Italian Inmates Always Carry Shotguns" Integration Incorporation by reference Acts of independent significance Codicil Secret trusts |
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Undue Influence characteristics in the inducement of a will.
"SOUP" |
Undue Influence characteristics in the inducement of a will.
"SOUP" 1. Susceptibility 2. Opportunity 3. Unnatural result 4. Participation in drafting |
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Validity of a will.
"FICkle" |
Validity of a Will.
"FICkle" Capacity Intent Formalities |
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Defenses to a will.
"U MF!" |
Undue influence
Mistake Fraud |
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Defense of Undo Influence (Wills).
"DO US" |
Defense of Undo Influence (Wills)
"DO US" Disposition Opportunity Unnatural result Susceptibility |
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Defense of Mistake (Wills)
"SPICED" |
Defense of Mistake (Wills)
"SPICED" Subsequent will or codicil Pretermitted children Inducement Content Execution Description |
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Defense of Fraud (Wills).
"PRICE" |
Defense of Fraud (Wills).
"PRICE" Prevention Revoke failure Inducement Constructive trust Execution |
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Revocation of Wills.
"ROSA" |
Revocation of Wills
"ROSA" 1. Restrictions (homicide/ elder abuse) 2. Operation of law (spouse/ child/ divorce) 3. Subsequent instrument (will, codicil) 4. Ademption (disposed of gift inter vivos) |
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Three kinds of notice (recording statutes; equitable servitude)
"AIR" |
1. Actual Notice
2. Inquiry Notice – lay of the land/character of the neighborhood 3. Record Notice |
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Requirements for deed to pass legal title at closing.
"LEAD" |
LEAD
Lawfully Executed and Delivered |
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Defenses available to holder of mortgage (mortgagor) against creditor (mortgagee) after a note is transferred.
"MAD FIFI4" |
MAD FIFI4
Material Alteration Duress Fraud in the formation Incapacity Illegality Infancy Insolvency |
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Negative Easements – types
"LASS(S)" |
LASS(S)
Light Air Support Streamwater (artificial flow) (Scenic View – some states, incl CA) |
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Elements of Prescription/Adverse Possession
"COAH" |
COAH
Continuous use for statutory period; Open and notorious Actual use Hostile use |
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Termination of Easements
"END CRAMP" |
END CRAMP
Estoppel Necessity Destruction of servient land Condemnation of servient estate by eminent domain Release Abandonment Merger doctrine (unity of ownership) Prescription |
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Covenant – does benefit run with the land?
"WITHN" |
WITHN
(i) Writing (ii) Intent (to run w/ land) (iii) Touch and concern (the land) (iv) Horizontal and vertical privity (v) Notice (actual, inquiry, or record) |
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Covenant – BURDEN runs with the land?
"WITV" |
(i) Writing
(ii) Intent (iii) Touch and concern the land (iv) Vertical privity between current grantee and grantor |
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When life tenant may exploit natural resources of estate?
"PURGE" |
PURGE
Prior Use; Reasonable repairs; Granted the right; or land is suitable only to Exploit |
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Elements of constructive eviction.
"SING" |
SING
(1) Substantial Interference due to actions/omissions (2) Notice from T of problem, and L fails to correct (3) Goodbye – T vacates within reasonable time after L failure to fix |
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Landlord-Tenant law: Exceptions to “caveat lessee” regarding defects.
"CLAPS" |
CLAPS
1. Common areas 2. Latent defects – duty to warn T 3. Assumption of repairs –complete w/reasonable care 4. Public use rule – L liable for defects if length of lease is such he knows T won’t make repairs 5. Short term lease of furnished dwelling – L liable for defects that harm |
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Affirmative Easements – methods of creation.
"PING" |
PING
Prescription Implication Necessity Grant |
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Daubert Test for expert witness.
"PETA" |
PETA
Publication/peer review Error rate Tested & ability to retest Acceptance (level of) |
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Elements for Claim Preclusion.
"Some People Just Make Stupid Claims" |
"Some People Just Make Stupid Claims"
(1) Same Parties (2) Judgment on the Merits (3) Same Claim |
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Constitutional protections.
"TRESPASS" |
TRESPASS
Takings Religion (Establishment Clause) Equal protection State action Procedural due process Association (freedom of) Speech (freedom of) Substantive due process |
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Trustee Duties:
"C LADIES" |
C LADIES
Care (for all beneficiaries and trust) Loyalty (no self-dealing) Account Delegation (prudently) Invest (prudently) Earmark Segregation (of trust property) |
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Insane Delusions. (Defense to Formation of Will)
"SAFE" |
"SAFE"
Sick mind Affected will False Belief Evidence (lack of) |
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Principal Liability for Agent's Contracts.
"Rude Employees Are Idiots" |
"Rude Employees Are Idiots"
Ratification Express authority Apparent authority Implied authority |
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Corporations: Rule 10b5.
"I'M SAD" |
"I'M SAD"
1. Interstate Commerce; 2. Materiality; 3. Scienter; 4. Actual purchase or sale; 5. Damages |
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Items Articles of Incorporation Should Contain
"NAD-PC" |
NAD-PC
1. Names 2. Addresses 3. Duration (if less than perpetual) 4. Purpose 5. Capital structure |
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Inadequate Legal Remedy (for Injunction or Specific Performance).
"SUM-II" |
SUM-II
Speculative Unique Multiplicity of suits Insolvent Irreparable injury |
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Fundamental Corporate Changes.
"Real Nerds Might Be Friends" |
"Real Nerds Might Be Friends"
Resolution by Board Notice of special meeting Majority vote Buy-out File notice w/ state |
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Directors Meetings.
"Can Please Quite Many Needs" |
"Can Please Quite Many Needs"
1. Concurrence presumed 2. no Proxy voting 3. Quorum (maj or directors) 4. Majority vote to pass 5. Notice required. |
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Tenant’s duties to LL.
“Rager In Progress” |
“Rager In Progress”
Repair Illegal purpose prohibited Pay rent |
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LL’s duties to Tenant.
“Pleasant If Quiet” |
“Pleasant If Quiet”
Possession Implied warranty of habitability (residential only) Quiet enjoyment |
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Slander Per Se.
“DUMB” |
“DUMB”
1. Disease (loathsome) 2. Unchastity to a woman 3. Moral turpitude crime 4. Business of profession (one’s conduct w/respect to) |
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Specific performance availability.
"Veal Cutlet Is My Favorite Dinner" |
"Veal Cutlet Is My Favorite Dinner"
Valid K Conditions of P satisfied/excused Inadequate legal remedy Mutuality of remedy available Feasibility of enforcement Defenses |
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Specific Intent Crimes.
"BAFFLE SCAM" |
"BAFFLE SCAM"
Burglary Assault Forgery False pretenses Larceny & Robbery Embezzlement Solicitation Conspiracy Attempt Murder, 1st Degree Premeditated |
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Accomplice liability elements.
"ACE" |
"ACE"
Aid, Counsel, Encourage |
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General Intent Crimes.
"KRIB" |
"KRIB"
Kidnapping Rape false Imprisonment Battery |
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Obscenity.
"People In Porn Often Lack Self Value" |
"People In Porn Often Lack Self Value"
Prurient Interest (appeals to) Patently Offensive (community) Lacks Serious Value (artistic, literary, etc.) |
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12(b) motions.
"LLIIIFF" |
"LLIIIFF" sucks
Lack of subject matter jurisdiction, Lack of personal jurisdiction Improper venue Insufficient process Insufficient service Failure to state a claim Failure to join an indispensable party. |
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Defenses to Formation of Contract.
"I Saw U F*** the MAID" |
"I Saw U F*** the MAID"
Incapacity Statute of frauds Unconscionability Fraud, Mistake of fact Ambiguity Illegality Duress. |
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Exceptions to the warrant requirement:
"SPInACH" |
"SPInACH"
Stop (and frisk) Plain view Incident to lawful arrest Automobile Exception Consent Hot Pursuit/Evanscent Evidence |
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Elements to Malicious Prosecution.
"DICTA" |
"DICTA"
Damages Improper purpose Criminal Trial Termination in favor of the criminal defendant Absence of probable cause |
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Hearsay Exception - availability immaterial.
"BOPPPED" |
"BOPPPED"
Business Record Official Record Present Sense Impression Prior Recorded Recollection Present state of mind Excited Utterance Declaration regarding health |
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Hearsay Exception - declarant unavailable.
"USF-PD" |
"USF-PD"
Unavailability caused by defendant Statement against interest Former testimony Personal/Family History Dying Declaration |
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Non-Hearsay (Exemptions)
"Nice Pic BD" |
"Nice Pic BD"
Non-assertive conduct (Prior) Inconsistent statement (Prior) Consistent statement Effect on listener Party admission Identification (statement of) Contract cases Belief Defamation cases |
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Requirements for a real covenant to run with the land.
"PINT" |
"PINT"
Privity, Intent, Notice, Touch and concern the land |
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Defenses to Contract.
"MAD-PIC-SCUM" |
MAD PIC SCUM
(E) = Enforcement Defense (F) = Formation Defense Mistake (F) Ambiguity (F) Duress (F) ------------ Public policy (E) Illegality (F) Capacity (F) ------------ Statute of frauds (E) Consideration lacking (F) Unconscionable (E) Misrepresentation (F) |
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Excuse for Non-Performance of a Contract.
"IMPAIR MAN IF" |
"IMPAIR MAN IF"
Inability to perform Material breach Performance condition failure Anticipatory repudiation Impossibility Rescission Modification Accord and satisfaction Novation Impracticability Frustration of purpose |
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Requirements for COMPENSATORY damages.
Captain Finds Coffee Maker |
Captain Finds Coffee Maker
Causation Foreseeability Certainty Mitigation |
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Injuries to real property.
TED Does Not Waste |
Injuries to real property.
"TED Does Not Waste" Trespass to land Encroachment Destruction or injury to real property Destruction or interference w/ easement Nuisance Waste |
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Contract remedies.
DRS Really Really Care |
Contract remedies = "DRS Really Really Care"
Damages (no punitive or nominal) Restitution (Quasi-K) Specific performance Reformation Rescission Cancellation |
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Class action requirements (civ pro).
C-TRAIN |
Class action requirements (civ pro).
"C-TRAIN" Commonality Typicality Representative of class Adequate representation Identifiable class Numerosity |
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12(b) Motions.
"Some People, Very Productive Studiers, Can Pass" |
lack of Subject matter jurisdiction (S), lack of Personal jurisdiction (P), Venue (V), insufficiency of Process (P), insufficiency of Service (S), failure to state a Claim (C), failure to join a Party (P).
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Discovery devices.
"Discovery Is Pathetic Endless Agony" |
Depositions
Interrogatories Production of docs Examinations (physical and mental) Admissions (requests for) |
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Collateral Estoppel Requirements (Issue Preclusion).
"PIANO" |
Collateral Estoppel Requirements (Issue Preclusion).
"PIANO" 1. Party in prior lawsuit 2. Identical issue 3. Actually litigated 4. Necessarily determined 5. Opportunity to litigate |
