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63 Cards in this Set
- Front
- Back
EVIDENCE ESSAY ANALYSIS
Eager Ronald Reagan Pities Communists In Presidential Hall |
Examination (form of)
Relevance (logical + legal) Reliability Public policies (barring otherwise relevant evidence) Character (admissible to show) Impeachment (admissible to) Privileges 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
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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 |
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 |
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Lawyers' Duties to Clients: "California Clients Love Fierce Counsel" Lawyers' Duties to Court: "Courts Feel Differently"
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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"
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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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PERMANENT INJUNCTION (EQUITABLE REMEDY) I Put Five Bucks Down
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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" |
Minimum contacts
Purposeful availment Foreseeability Fair play and substantial justice Relatedness of contact and claim Convenience State's interest |
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CORPORATIONS
10b-5 MISREPRESENTATION My Knowledge Is Actual |
Misrepresentation
Knowledge of falsity Intent to induce purchase/sale of stock Actual reliance on misrepresentation |
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WITNESS COMPETENCY FRE
Peter Pan Can Tell the Truth |
Personal knowledge
Present recollection Can Communicate and Tell the truth |
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Federal Courts Justiciabilty. "PARMA Sucks 11"
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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"
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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"
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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"
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Validity of a Will. "FICkle" Capacity Intent Formalities
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Defenses to a will. "U MF!"
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Undue influence Mistake Fraud
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Defense of Undo Influence (Wills). "DO US"
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Defense of Undo Influence (Wills) "DO US" Disposition Opportunity Unnatural result Susceptibility
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Defense of Mistake (Wills) "SPICED"
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Defense of Mistake (Wills) "SPICED" Subsequent will or codicil Pretermitted children Inducement Content Execution Description
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Defense of Fraud (Wills). "PRICE"
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Defense of Fraud (Wills). "PRICE" Prevention Revoke failure Inducement Constructive trust Execution
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Revocation of Wills. "ROSA"
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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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RECORDING STATUTES
Types of notice AIR |
Actual notice
Inquiry Notice – lay of the land/character of the neighborhood 3. Record notice |
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DEEDS
Requirements for title to pass 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"
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MAD FIFI4 Material Alteration Duress Fraud in the formation Incapacity Illegality Infancy Insolvency
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NEGATIVE EASEMENTS
LASSS |
Light
Air Support Streamwater (artificial flow) Scenic View – some states, including CA) |
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ADVERSE POSSESSION/PRESCRIPTION
COAHS |
Continuous use
Open and notorious Actual use Hostile use Statutory period |
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TERMINATION OF EASEMENTS
END CRAMP |
Estoppel
Necessity Destruction of servient land Condemnation of servient estate by eminent domain Release Abandonment Merger doctrine Prescription |
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COVENANT
Does benefit run with the land? WITHN |
Writing
Intent (to run with the land) Touch and concern (the land) Horizontal and vertical privity Notice (actual, inquiry, or record) |
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COVENANT
Does benefit run with the land WITV |
Writing
Intent Touch and concern the land Vertical privity between current grantee and grantor |
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LIFE TENANT
When life tenant can exploit the estate PURGE |
Prior Use
Reasonable repair Granted the right Exploit -- only suitable use for the land |
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CONSTRUCTIVE EVICTION
SING |
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 |
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LANDLORD-TENANT LAW
Exceptions to “caveat lessee” regarding defects CLAPS |
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 |
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Affirmative Easements – methods of creation. "PING"
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PING Prescription Implication Necessity Grant
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DAUBERT TEST FOR SCIENTIFIC EXPERTS
PETA |
Publication/peer review
Error rate Tested and can be retested Acceptance (level of) |
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Elements for Claim Preclusion. "Some People Just Make Stupid Claims"
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"Some People Just Make Stupid Claims" (1) Same Parties (2) Judgment on the Merits (3) Same Claim
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Constitutional protections. "TRESPASS"
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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"
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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"
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"SAFE" Sick mind Affected will False Belief Evidence (lack of)
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Principal Liability for Agent's Contracts. "Rude Employees Are Idiots"
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"Rude Employees Are Idiots" Ratification Express authority Apparent authority Implied authority
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Corporations: Rule 10b5. "I'M SAD"
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"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"
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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"
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SUM-II Speculative Unique Multiplicity of suits Insolvent Irreparable injury
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Fundamental Corporate Changes. "Real Nerds Might Be Friends"
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"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"
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"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”
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“Rager In Progress” Repair Illegal purpose prohibited Pay rent
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LANDLORD'S DUTY TO TENANT
Pleasant If Quiet |
Possession
Implied warranty of habitability (residential only) Quiet enjoyment |
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SLANDER PER SE
DUMB |
Disease
Unchastity in a woman 3. Moral turpitude crime 4. Business or profession |
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SPECIFIC PERFORMANCE
Veal Cutlet Is My Favorite Dinner |
Valid contract
Conditions of plaintiff satisfied/excused Inadequate legal remedy Mutuality of remedy Feasibility of enforcement Defenses |
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Specific Intent Crimes. "BAFFLE SCAM"
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"BAFFLE SCAM" Burglary Assault Forgery False pretenses Larceny & Robbery Embezzlement Solicitation Conspiracy Attempt Murder, 1st Degree Premeditated
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ACCOMPLICE LIABILITY
ACE |
Aid
Counsel Encourage |
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General Intent Crimes. "KRIB"
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"KRIB" Kidnapping Rape false Imprisonment Battery
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12(b) motions. "LLIIIFF"
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"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 CONTRACT FORMATION
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"
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"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"
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"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"
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"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"
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"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"
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"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"
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"PINT" Privity, Intent, Notice, Touch and concern the land
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Excuse for Non-Performance of a Contract. "IMPAIR MAN IF"
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"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
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Captain Finds Coffee Maker Causation Foreseeability Certainty Mitigation
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CONTRACT REMEDIES
DRS Really Really Care |
Damages
Restitution (Quasi-K) Specific performance Reformation Rescission Cancellation |
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Class action requirements (civ pro). C-TRAIN
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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"
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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 documents Examinations (physical and mental) Admissions |
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COLLATERAL ESTOPPEL
Issue preclusion PIANO |
Party in prior lawsuit
Identical issue Actually litigated Necessarily determined Opportunity to litigate and in the interests of justice |