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31 Cards in this Set
- Front
- Back
R.Property
***** Adverse Possession "OCEAN" |
O pen
C ontinuous E xclusive A ctual N otorioius |
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General Intent Crimes
"MBRIK" |
MBRIK
M urder (2nd degree) B attery R ape I mprisonment (false) K idnapping |
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Contracts - Statute of Frauds
***** "MY LEGS" |
"MY LEGS"
Marriage (like prenups) Contracts that cant be performed in one year Land contracts payment from executors funds sale of Goods over $500 Surety agreements |
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Civ Pro - Collateral Estoppel
"PIANO" |
"PIANO"
Party in prior lawsuit Identical issue Actually litigated and determined Necessarily determined Opportunity to litigate (full and fair) |
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Coorps - Rule 10B(5) - Misrepresetation
"Frank Secretly Purchased Interesting Romanian Decorations" |
Fraud
Scienter Purchse of securities Interstate commerce Reliance Damages |
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Crim Law - Specific Intent Crimes
"BRAM ACTS" |
specific intent crimes.....
B burglary R robbery A assault M murder 1st A attempt C conspiracy T theft crimes (includes embezzelment, larceny, false pretenses, forgery S solicitation |
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Torts - Battery
"CAHIL" |
Battery: CAHIL
The intentional harmful or offensive touching of another without consent or privilege. C =Causation A = Act H = Harmful/Offensive contact I = Intent L = Lack of consent or privilege |
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Torts - Assault -
"Call Al And Instigate Lengthy Investigation" |
The intentional placing of another in reasonable apprehension of an imminent harmful or offensive touching without consent or privilege.
C = Causation A = Act A = Apprehension I = Intent L = Lack of consent or privilege I = Imminent |
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Intentional Tort- Defenses
"Crazy Silly Double Dealing Dirty Dog Leave Right Now, Never Return Ever" |
Defenses:
"Crazy Silly Double Dealing Dirty Dog Leave Right Now, Never Return Ever" 1. Consent 2. Self Defense 3. Defense Of Others 4. Defense Of Property 5. Discipline 6. Detention For Investigation 7. Legal Authority 8. Reentry Of Land Wrongfully Withheld 9. Necessity (Public) 10. Necessity (Private) 11. Recapture Of Chattel Wrongfully Withheld 12. Entry To Abate A Nuisance |
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Negligence Definition
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Defendant may be liable to plaintiff for negligence if it can be determined that the defendant owed a duty of care to the plaintiff, that defendant breached that duty, and that the plaintiff suffered damages which were actually and proximately caused by defendant's breach.
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Torts - Attractive Nuisance
***** "A Child Usually Rebels Yearly Unless Restrained " |
Attractive Nuisance Doctrine
"A Child Usually Rebels Yearly Unless Restrained " Artificial Condition Unreasonable Risk Youth Utility Risk |
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Self- Authenticating Documents:
CONTAC |
D. SELF-AUTHENTICATION:
CONTAC Likelihood of forgery or tampering so small that proponent not required to present any evidence to establish that the item is what it purports to be. (C)ommercial paper; (O)fficial publications; (N)ewspapers and periodicals; (T)rade inscriptions; (A)cknowledged documents; (C)ertain public records. |
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Slander per se
"PLUM" |
P Profession and business{Adverse Remarks}
L Loathsome Disease U Unchastity of an unmarried Woman M crime involving Moral turpitude Invasion of Right to Privacy |
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Defenses to Contract
"I Die for My Mom's Sweet & Unconditional Love" |
I Incapacity
D Duress M Mistake M Misrepresentation, fraud S statute od fraud U Unconscionablity L (il)legality |
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Contracts - When 3rd Pty Benes Rts Vest?
"kevLAR vest" |
Lawsuit- 3PB brings a Lawsuit to enforce K
Assent - 3PB gives Assent to the benefit Reliance - 3PB detrimentally Relies after knowledge of the benefit ---------------------------------------- |
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Con Law - Establishment clause lemon test:
"no sectarian preference for SEX" |
1.no sectarian preference +
2. SECULAR purpose, + 3. primary EFFECT is neither advance/nor inhibit religion, 4. does not produce eXcessive govt entanglement w/ religion] |
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Requirements for injunctive relief:
"It's Pretty F---ing Bad, Dude " |
It's Pretty F---ing Bad, Dude
Inadequate legal remedies Property right Feasibility Balancing of hardships Defenses |
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Community Property in CA
"SPAAD" |
S=Source
P=Presumptions A=Actions to alter the character A=Analysis D=Distribution |
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Ordinarily one owes no duty to another unless
"SCRAP" |
Statutory
Contract Relationship (special like spousal, parent child...) Assumption of duty Peril (if one causes it) |
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Obscenity Miller Test
Miller Test "PP SLAP" |
P-purient interest
P-patently offensive SLAP - lacks any serious Social, Literary, Artistic, Political value "SLAP" |
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7 'DANGEROUS FELONIES' THAT INVOKE THE 'FELONY MURDER RULE':
"Robb's Rhap-SODIES our son, Larry Kidd, may hum." |
Robb's= Robbery
Rhap= Rape Sodies= Sodomy (forced) Our son= arson Larry= Burglary Kidd= Kidnapping May hum= mayhem. |
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DAMAGES IN CONTRACTS:
"Naomi Licks the Puny Cons for Compensation." |
Naomi= Nominal
Licks= Liquidated (in the contract; not excessive/"unreasonable.") Puny= Punitive Cons= Consequential, a' la "Hadley v. Baxendale" Compensation= Compensatory |
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DAMAGES IN TORTS:
"General X.M. Spec is Out-of-Pocket." |
General= General, i.e., pain and suffering
X.M.= Exemplary or Punitive Damages Speck= Special Damages, i.e., "Show me a receipt." Out-of-Pocket= Out of Pocket in a Misrepresentation Tort, i.e., difference between what the plaintiff thought he was going to get and what he actually received. |
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Secured Transactions Creditor Priorities
***** "Black People Like Nice African Ghettos" |
Buyer in Ordinary Course
Perfected Attached Creditor Lien Creditor Non Ordinary Course Buyer Attached Unperfected Creditor General Unsecured Creditor |
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Constitutional Test for In Personam Jx
My Parents Frequently Forgot to Read Children's Stories |
Constitutional Test for In Personum Jurisdiction
Mary Prefers Facials, Frequently Requesting Cum Shots Minimum Contacts -Purposeful Availment -Forseeability Fair Play and Substantial Justice -Relatedness -Convenience -State's Interest |
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Insanity Defenses
McPherson Models In Durham. |
McPherson - (M?Naghten Rule ? Lacks the ability to know wrongfulness; Understand Nature and Quality of Action)
Models - (Model Penal Code ? Lacks ability to conform conduct to requirements of law) In - (Irresistible Impulse Test ? Lacked ability of self control and free choice) Durham - (Durham Rule ? Behavior is Product of Mental Illness) |
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Damages - Tort
"The UFC Causes Nominal Punishment" |
Unavoidable
Foreseeable Certainty Causation Nominal Punitive |
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"6 Covenants of Title" (Real Property):
"SEASONed CONVicts CUM QUIETly with a WARRANT, the F**ckin ASSh***s." |
Covenant of SEISIN
Covenant of right to CONVEY Covenant against enCUMbrances Covenant of QUIET enjoyment Coventant of WARRANTy Covenant of (F)urther ASSurances. The first three are present covenants, the last three are future covenants. This mnemonic places them in order, so you just need to remember "3&3." |
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Exception to Parol Evidence Rule (in Contracts - ext. can come in)
"DAM FOIL" (Evidence of) Duress Ambiguity Mistake (Raffles v. Wichelhaus) Fraud Oral condition precedent Illegality (Remember: "Contracts illegality" can mean, "Contrary to Public Policy.") Lack of consideration. |
"DAM FOIL"
(Evidence of) Duress Ambiguity Mistake (Peerless Ships) Fraud Oral condition precedent Illegality (Remember: "Contracts illegality" can mean, "Contrary to Public Policy.") Lack of consideration. |
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How to Address Contracts Outline -
"Armadillos From Texas Play Rap Eating Tacos" |
Applicable Law, Formation, Terms,
Performance, Remedies for unexcused performance, Excuse of non-performance, Third party problems |
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CONTRACTS ESSAY
Checklist |
X vs. Y
1. Governing Law common law UCC Article 2---> are both parties merchants? merchant's special rules 2. Is there a valid K? Mutual Assent Offer: promise/undertaking; definite; communicate merchant's firm offer revocation Acceptance mail box rule common law: mirror image UCC : Q: Offerree's different terms are part of K? between merchants: yes, unless: substantially change/ specific wording/? not between merchants: no ( offer control) Consideration(bargain for exchange) estoppel: detrimental reliance 3. Does the K have a condition? What kind of condition? precedent condition/ concurrent condition/? condition waive 4. Any defenses? Mistake: patent Insane/Incapability Minority Statute of Frauds ( MY LEGS) Exception: Partial Performance Memo: between merchants, per oral communication's conclusion, 10 days Impossibility: objective Impracticability: subjective 5. Interpretation: Parole Evidence Rule:Oral communication prior or @ the written K is prohibited to be used to explain K if the written K is final and integrated. exception: mistake Is there a 3rd party beneficiary? 6. Have the obligations been performed? If not, was there a major or minor breach? anticipatory repudiation: prior the due day/ unequivocal bilateral rescind withhold ignore and urge for perform major breach: substantial bargain-for-exchange minor breach 7. Remedies ( check remedies outline) legal: Compensatory foreseeable/causation/unavoidable put Pp as had K never been breached Consequential: incidental nominal punitive: non, unless tortious restitution: quasi K replevin: UCC special rule ejction equitable: SP ( Cha Cha Is My Favorite Dance) Valid K Condition fulfilled Indequate Legal Remedy: special goods Mutual Feasibility Defenses: unclean hand Duty to Mitigate |