Key Law Mnemonics

Front 1

EVIDENCE ESSAY ANALYSIS
Eager Ronald Reagan Pities Communists In Presidential Hall

Back 1

Examination (form of)
Relevance (logical + legal)
Reliability
Public policies (barring otherwise relevant evidence)
Character (admissible to show)
Impeachment (admissible to)
Privileges
Hearsay

Front 2

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

Back 2

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

Front 3

WILLS ESSAY ANALYSIS
Valentine's Day Doesn't Reflect Real Devotion

Back 3

Validity of will
Documents comprising of/relating to will
Defenses to formation of will
Revocation of will (partial/whole)
Revival of will (re-execution, republication)
Distribution of property in estate

Front 4

Lawyers' Duties to Clients: "California Clients Love Fierce Counsel" Lawyers' Duties to Court: "Courts Feel Differently"

Back 4

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

Front 5

Requirements for Injunction. "I Put Five Bucks Down"

Back 5

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

Front 6

PERMANENT INJUNCTION (EQUITABLE REMEDY) I Put Five Bucks Down

Back 6

Inadequate legal remedy Property interest involved Feasibility of injunction Balance of hardships Defenses (laches, unclean hands, freedom of speech, impossibility, etc.)

Front 7

PERSONAL JURISDICTION
My Parents Frequently Forgot to Read Children's Stories"

Back 7

Minimum contacts
Purposeful availment
Foreseeability
Fair play and substantial justice
Relatedness of contact and claim
Convenience
State's interest

Front 8

CORPORATIONS
10b-5 MISREPRESENTATION
My Knowledge Is Actual

Back 8

Misrepresentation
Knowledge of falsity
Intent to induce purchase/sale of stock
Actual reliance on misrepresentation

Front 9

WITNESS COMPETENCY FRE
Peter Pan Can Tell the Truth

Back 9

Personal knowledge
Present recollection
Can Communicate and
Tell the truth

Front 10

Federal Courts Justiciabilty. "PARMA Sucks 11"

Back 10

Federal Courts Justiciabilty. "PARMA Sucks 11" 1. Political question 2. Absention 3. Ripeness 4. Mootness 5. Advisory opinions 6. Standing 7. 11th Amendment limitations

Front 11

Will related documents. "Italian Inmates Always Carry Shotguns"

Back 11

Will related documents. "Italian Inmates Always Carry Shotguns" Integration Incorporation by reference Acts of independent significance Codicil Secret trusts

Front 12

Undue Influence characteristics in the inducement of a will. "SOUP"

Back 12

Undue Influence characteristics in the inducement of a will. "SOUP" 1. Susceptibility 2. Opportunity 3. Unnatural result 4. Participation in drafting

Front 13

Validity of a will. "FICkle"

Back 13

Validity of a Will. "FICkle" Capacity Intent Formalities

Front 14

Defenses to a will. "U MF!"

Back 14

Undue influence Mistake Fraud

Front 15

Defense of Undo Influence (Wills). "DO US"

Back 15

Defense of Undo Influence (Wills) "DO US" Disposition Opportunity Unnatural result Susceptibility

Front 16

Defense of Mistake (Wills) "SPICED"

Back 16

Defense of Mistake (Wills) "SPICED" Subsequent will or codicil Pretermitted children Inducement Content Execution Description

Front 17

Defense of Fraud (Wills). "PRICE"

Back 17

Defense of Fraud (Wills). "PRICE" Prevention Revoke failure Inducement Constructive trust Execution

Front 18

Revocation of Wills. "ROSA"

Back 18

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)

Front 19

RECORDING STATUTES
Types of notice
AIR

Back 19

Actual notice
Inquiry Notice – lay of the land/character of the neighborhood
3. Record notice

Front 20

DEEDS
Requirements for title to pass
LEAD

Back 20

Lawfully
Executed
And
Delivered

Front 21

Defenses available to holder of mortgage (mortgagor) against creditor (mortgagee) after a note is transferred. "MAD FIFI4"

Back 21

MAD FIFI4 Material Alteration Duress Fraud in the formation Incapacity Illegality Infancy Insolvency

Front 22

NEGATIVE EASEMENTS
LASSS

Back 22

Light
Air
Support
Streamwater (artificial flow) Scenic View – some states, including CA)

Front 23

ADVERSE POSSESSION/PRESCRIPTION

COAHS

Back 23

Continuous use
Open and notorious
Actual use
Hostile use
Statutory period

Front 24

TERMINATION OF EASEMENTS
END CRAMP

Back 24

Estoppel
Necessity
Destruction of servient land

Condemnation of servient estate by eminent domain Release
Abandonment
Merger doctrine
Prescription

Front 25

COVENANT
Does benefit run with the land?
WITHN

Back 25

Writing
Intent (to run with the land)
Touch and concern (the land) Horizontal and vertical privity Notice (actual, inquiry, or record)

Front 26

COVENANT
Does benefit run with the land
WITV

Back 26

Writing
Intent
Touch and concern the land Vertical privity between current grantee and grantor

Front 27

LIFE TENANT
When life tenant can exploit the estate
PURGE

Back 27

Prior Use
Reasonable repair
Granted the right
Exploit -- only suitable use for the land

Front 28

CONSTRUCTIVE EVICTION
SING

Back 28

Substantial Interference due to actions/omissions
Notice from tenant of problem, and landlord fails to correct
Goodbye – tenant vacates within reasonable time after landlord fails to fix

Front 29

LANDLORD-TENANT LAW
Exceptions to “caveat lessee” regarding defects
CLAPS

Back 29

Common areas
Latent defects – duty to warn Assumption of repairs – must complete w/reasonable care Public use rule – Landlord liable for defects if length of lease is such he knows tenant won’t make repairs
Short-term lease of furnished dwelling – Landlord liable for defects that harm

Front 30

Affirmative Easements – methods of creation. "PING"

Back 30

PING Prescription Implication Necessity Grant

Front 31

DAUBERT TEST FOR SCIENTIFIC EXPERTS
PETA

Back 31

Publication/peer review
Error rate
Tested and can be retested
Acceptance (level of)

Front 32

Elements for Claim Preclusion. "Some People Just Make Stupid Claims"

Back 32

"Some People Just Make Stupid Claims" (1) Same Parties (2) Judgment on the Merits (3) Same Claim

Front 33

Constitutional protections. "TRESPASS"

Back 33

TRESPASS Takings Religion (Establishment Clause) Equal protection State action Procedural due process Association (freedom of) Speech (freedom of) Substantive due process

Front 34

Trustee Duties: "C LADIES"

Back 34

C LADIES Care (for all beneficiaries and trust) Loyalty (no self-dealing) Account Delegation (prudently) Invest (prudently) Earmark Segregation (of trust property)

Front 35

Insane Delusions. (Defense to Formation of Will) "SAFE"

Back 35

"SAFE" Sick mind Affected will False Belief Evidence (lack of)

Front 36

Principal Liability for Agent's Contracts. "Rude Employees Are Idiots"

Back 36

"Rude Employees Are Idiots" Ratification Express authority Apparent authority Implied authority

Front 37

Corporations: Rule 10b5. "I'M SAD"

Back 37

"I'M SAD" 1. Interstate Commerce; 2. Materiality; 3. Scienter; 4. Actual purchase or sale; 5. Damages

Front 38

Items Articles of Incorporation Should Contain "NAD-PC"

Back 38

NAD-PC 1. Names 2. Addresses 3. Duration (if less than perpetual) 4. Purpose 5. Capital structure

Front 39

Inadequate Legal Remedy (for Injunction or Specific Performance). "SUM-II"

Back 39

SUM-II Speculative Unique Multiplicity of suits Insolvent Irreparable injury

Front 40

Fundamental Corporate Changes. "Real Nerds Might Be Friends"

Back 40

"Real Nerds Might Be Friends" Resolution by Board Notice of special meeting Majority vote Buy-out File notice w/ state

Front 41

Directors Meetings. "Can Please Quite Many Needs"

Back 41

"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.

Front 42

Tenant’s duties to LL. “Rager In Progress”

Back 42

“Rager In Progress” Repair Illegal purpose prohibited Pay rent

Front 43

LANDLORD'S DUTY TO TENANT
Pleasant If Quiet

Back 43

Possession
Implied warranty of habitability (residential only)
Quiet enjoyment

Front 44

SLANDER PER SE
DUMB

Back 44

Disease
Unchastity in a woman
3. Moral turpitude crime
4. Business or profession

Front 45

SPECIFIC PERFORMANCE
Veal Cutlet Is My Favorite Dinner

Back 45

Valid contract
Conditions of plaintiff satisfied/excused
Inadequate legal remedy Mutuality of remedy Feasibility of enforcement Defenses

Front 46

Specific Intent Crimes. "BAFFLE SCAM"

Back 46

"BAFFLE SCAM" Burglary Assault Forgery False pretenses Larceny & Robbery Embezzlement Solicitation Conspiracy Attempt Murder, 1st Degree Premeditated

Front 47

ACCOMPLICE LIABILITY
ACE

Back 47

Aid
Counsel
Encourage

Front 48

General Intent Crimes. "KRIB"

Back 48

"KRIB" Kidnapping Rape false Imprisonment Battery

Front 49

12(b) motions. "LLIIIFF"

Back 49

"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.

Front 50

DEFENSES TO CONTRACT FORMATION
I Saw U F*** the MAID

Back 50

"I Saw U F*** the MAID" Incapacity
Statute of frauds Unconscionability Fraud, Mistake of fact
Ambiguity
Illegality
Duress

Front 51

Exceptions to the warrant requirement: "SPInACH"

Back 51

"SPInACH" Stop (and frisk) Plain view Incident to lawful arrest Automobile Exception Consent Hot Pursuit/Evanscent Evidence

Front 52

Elements to Malicious Prosecution. "DICTA"

Back 52

"DICTA" Damages Improper purpose Criminal Trial Termination in favor of the criminal defendant Absence of probable cause

Front 53

Hearsay Exception - availability immaterial. "BOPPPED"

Back 53

"BOPPPED" Business Record Official Record Present Sense Impression Prior Recorded Recollection Present state of mind Excited Utterance Declaration regarding health

Front 54

Hearsay Exception - declarant unavailable. "USF-PD"

Back 54

"USF-PD" Unavailability caused by defendant Statement against interest Former testimony Personal/Family History Dying Declaration

Front 55

Non-Hearsay (Exemptions) "Nice Pic BD"

Back 55

"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

Front 56

Requirements for a real covenant to run with the land. "PINT"

Back 56

"PINT" Privity, Intent, Notice, Touch and concern the land

Front 57

Excuse for Non-Performance of a Contract. "IMPAIR MAN IF"

Back 57

"IMPAIR MAN IF" Inability to perform Material breach Performance condition failure Anticipatory repudiation Impossibility Rescission Modification Accord and satisfaction Novation Impracticability Frustration of purpose

Front 58

Requirements for COMPENSATORY damages. Captain Finds Coffee Maker

Back 58

Captain Finds Coffee Maker Causation Foreseeability Certainty Mitigation

Front 59

CONTRACT REMEDIES
DRS Really Really Care

Back 59

Damages
Restitution (Quasi-K)
Specific performance
Reformation
Rescission
Cancellation

Front 60

Class action requirements (civ pro). C-TRAIN

Back 60

Class action requirements (civ pro). "C-TRAIN" Commonality Typicality Representative of class Adequate representation Identifiable class Numerosity

Front 61

12(b) Motions. "Some People, Very Productive Studiers, Can Pass"

Back 61

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).

Front 62

DISCOVERY DEVICES
Discovery Is Pathetic Endless Agony

Back 62

Depositions
Interrogatories
Production of documents Examinations (physical and mental)
Admissions

Front 63

COLLATERAL ESTOPPEL
Issue preclusion
PIANO

Back 63

Party in prior lawsuit
Identical issue
Actually litigated
Necessarily determined
Opportunity to litigate

and in the interests of justice