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12 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Chapter 541 - Unfair and Deceptive Acts (defined by Insurance Code)
What is the mnemonic? |
MUdS DRiED
What does it mean? |
- Misrepresentation and False Advertising of Policy Contracts (prohibits misrepresentations by agent or company)
- Unfair Discrimination (no discrimination against people of same insurance risk and class) - Failing to Act in Good Faith in Effectuating Settlement (after liability is reasonably clear) - Defamation (prohibits company from defaming competitor) - Failing to Conduct a Reasonable Investigation of Claim - Failing to Provide Reasonable Explanation of Reasons for Denial of Claim - Deceptive Name, Word, Symbol, Device, Slogan |
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DTPA Laundry List that has been on the exam
What is the mnemonic? |
Quails carry gold and with pride but fail to disclose.
What does it mean? |
misrep quality, characteristics or grade, or misrep work/services performed, and fail to disclose
1. misrepresentations regarding characteristics, quality, or grade of the goods (ex. doctor's misrepresentation re: benefits of drug) 2. misrepresentations regarding whether work or services have been performed - includes misrepresentations regarding legal rights (ex. landlord's misrepresentation of right to enter and take equipment) 3. failure to disclose info with the intent to induce the consumer into a transaction she otherwise wouldn't have entered into |
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Express Warranties can be made by..
What is the acronym? |
DAMS
What does it mean? |
Description, Affirmation (of fact), Model, or Sample
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Requirements for a negotiable instrument.
acronym? |
SWUPTON
meaning? |
Signed (by maker/drawer), Writing, Unconditional promise, Pay at a fixed time, To order or bearer, On demand or at definite time, and No other undertakings
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Under what circumstances are prior bad acts/convictions of the DF allowed to be introduced by the Prosecution at trial?
acronym? |
MIMIC
meaning? |
Motive, Intent, absence of Mistake, Identity, or Common plan or scheme.
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Exceptions to Propensity Evidence Ban.
What is the acronym? |
KIPPOMMIA
What does it mean? |
Knowledge, Intent, Preparation, Plan, Opportunity, Motive, lack of Mistake, Identity, and lack of Accident.
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What are the five types of info that can be obtained using a Request for Disclosure?
acronym? |
TWAPS
meaning? |
legal Theories, Witness info & statements, Amount of damages, Party contact info, and Settlement agreements
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The crimes that require specific intent:
Acronym? |
FIAT
meaning? |
1. First Degree Murder,
2. Inchoate crimes (CATS - conspiracy, attempt, solicitation) 3. Assault (with intent to commit burglary) 4. Theft |
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Felony murder can come from which "dangerous felonies"?
Acronym? |
BARRK
Meaning? |
burglary, arson, rape, robbery, and kidnapping
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What are the exceptions to a warrant requirement?
nmemonic? |
ESCAPES (from the warrant requirement :)
meaning? |
Exigent Circumstances
Search incident to arrest Consent Automobile Plain view Evidence obtained from administrative searches Stop and frisk |
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What are the exceptions to the EX rule?
mnemonic? |
GAK III (Gak 3)
meaning? |
Good faith
Attenuation Knock & announce Inevitable discovery Independent source Isolated police negligence |
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Grounds for dissolution of marriage.
mnemonic? |
you.. FAIL MAC
meaning? |
1. Felony
2. Adultery 3. Insupportability 4. Living Apart 5. Mental institution 6. Abandonment 7. Cruelty |
