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27 Cards in this Set
- Front
- Back
Principals CORRAL their agent's activities |
Creation Obligations Rights Ratification Authority- express, implied, apparent Liability |
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Personal Jurisdiction
My Parents Frequently Forgot to Read Children's Stories |
M- Minimum contacts P- Purposeful availment F- Foreseeability F- Fair play & substantial justice R- Relatedness of contact and claim C- Convenience S- State's interest |
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12 (b) Motions
"Some people, very productive studiers, can pass" |
(S)- lack of smjx (P)- lack of pjx (V)- Venue (P)- insufficiency of process (S)- insufficiency of service (C)- failure to state a claim (P)- failure to join a party |
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Claim Preclusion
"Some People Just Make Stupid Claims" |
1) Same Parties 2) Judgment on the Merits 3) Same Claim
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Collateral Estoppel Requirements PIANO |
1) Party in a prior lawsuit 2) Identical issue 3) Actually litigated 4) Necessarily determined 5) Opportunity to litigate |
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Constitutional Protections
TRESPASS |
T - Takings R- Religion (Establishment Clause) E- Equal Protection S- State action P- Procedural Due Process A- Association (freedom of) S- Speech (freedom of) S- Substantive Due Process |
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Establishment Clause--Lemon Test
SEX |
1) the action has a secular purpose
2) the primary effect of the action neither advances nor inhibits religion, AND
3) the action does not produce excessive government entanglement between government and religion |
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CONTRACTS
Armadillos From Texas Play Rap Eating Tacos (subject outline) |
Applicable law Formation Terms Performance Remedies for breach Excuses for non-performance Third parties |
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CONTRACTS
MY LEGS
(statute of frauds) |
M- marriage, contemplation of Y- Year, service contacts that CANNOT be performed in one year
L- Land, any contract with an interest in E- Estate admin promises to pay decedents debts personally G- Goods, sale of goods $500 or more S- Surety contracts- guaranty debts of another |
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CONTRACTS
Unenforceable Contract
SUM FIG |
S- Statute of Frauds U- Unconscionability M- Mistake (Mutual)
F- Formation I- Incapacity G- Gangster (fraud, duress, illegality) |
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CORPORATIONS
Rule 10b-5
"I'm Sad" |
I- Interstate commerce M- Materiality
S- Scienter A- Actual purchase or sale D- Damages |
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CORPORATIONS
10b-5 Misrepresentation Requirements
"My Knowledge Is Actual" |
Misrepresentation Knowledge of falsity Intent to induce purchase/sale of stock Actual reliance on misrepresentation |
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CRIMES
Specific Intent Crimes
"BAFFLE SCAM" |
B- Burglary A- Assault (attempted battery) F- Forgery F- False pretenses L- Larceny & Robbery E- Embezzlement
S- Solicitation C- Conspiracy A- Attempt M- Murder (1st degree)
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CRIMES
General Intent Crimes
"KRIB or MARK FB" |
K- Kidnapping R- Rape I- false Imprisonment B- Battery
M- all other murders A- Assault R- Rape K- Kidnapping
F- False Imprisonment B- Battery |
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Clients Love Fierce Counsel |
Duties owed to CLIENTS:
1) Confidentiality 2) Loyalty 3) Fiduciary responsibilities 4) Competence |
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Courts Feel Differently |
Duties owed to COURTS:
1) Candor/truthfulness 2) Fairness 3) Decorum/Dignity |
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PROPERTY
END CRAMP |
Termination of easements
E- Estoppel N- Necessity D- Destruction of servient land
C- Condemnation of sevient estate R- Release A- Abandonment M- Merger clause P- Prescription |
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Elements of Adverse Possession
"COAH" |
Continuous for the statutory period Open and notorious Actual use Hostile use |
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PROPERTY
Covenant - does benefit run with the land
"WITHN" |
(1) Writing (2) Intent (to run w/ the land) (3) Touch and Concern (the land) (4) Horizontal and vertical privity (5) Notice (actual, inquiry, record)
Burden: all but the H (horizontal privity) |
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PROPERTY
Affirmative easements- methods of creation
"PING" |
P- Prescription I- Implication N- Necessity G- Grant |
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PROPERTY
"Frank Sinatra Didn't Prefer Orville Redenbacher" |
Fee Simple Determinable with the Possibility of Reverter
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PROPERTY
Constructive Condition
"SING" |
SI- Substantial Interference (L's action or continuing action or L's failure to act) N- Notice G- Get out or Goodbye
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TORTS
Intentional Torts
Fat Bitc(h) or ABC FITT |
A- Assault B- Battery C- Conversion
F- False Imprisonment I- Intentional Infliction of Emotional Distress T- Trespass to Land T- Trespass to Chattels |
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TORTS
SLANDER PER SE |
DUMB
D- loathsome Disease U-Unchastity to a woman M- Moral turpitude crime B- Business or profession (one's conduct with respect to one's....) |
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Wills & Trusts
Trustee's Duties |
C LADIES
C- Care
L- Loyalty A- Account D- Delegation I- Invest (prudent) E- Earmark S- Segregation (of trust property) |
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Wills & Trusts
Revocation of Wills
"ROSA" |
R- Restrictions (homicide/elder abuse) O- Operation of law (spouse, child, divorce) S- Subsequent instrument (will, codicil) A- Ademption (disposed of gift inter vivos) |
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Remedies
Requirements for Specific Performance
"Cha Cha Is My Favorite Dance" |
C- Contrat valid? C- Conditions satisfied by P? I- Inadequate legal remedy M- Mutuality of obligation F- Feasibility of enforcement D- Defenses to contract |