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Bar Exam Rules Mnemonics Flashcards

(52 cards)

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1
Q

Elements of a Valid Trust Formation:

Saw Dave Today In Ridiculous Black Velvet Pants

A

Settlor
Delivery
Trustee
Intent
Res
Beneficiaries
Valid Purpose

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2
Q

Types of Trusts:

Ed’s Driving My Supercool Honda, Right Through to Cali, Starting Saturday

A

Express
Discretionary
Mandatory
Spendthrift
Honorary
Revocable
Totten
Charitable
Semi-Secret

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3
Q

Self-authenticating documents:

CONTAC

A

Certified copies of public or business records
Official publications
Newspapers and periodicals
Trade inscriptions
Acknowledged documents
Commercial paper and other related documents

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4
Q

Covenants - for burden to run:

PINT + W

A

Privity (horizontal and vertical)
Intention of parties to run w/ land
Notice
Touch and concern
Writing

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5
Q

Covenants - for benefit to run:

TWIV

A

Touch/concern
Writing
Intention of parties to run w/ land
Vertical privity

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6
Q

Exceptions to landlord’s tort liability:

CLAPS

A

C = Common area
L = Latent defects
A = Assumption of repairs
P = Public Use
S = Short-term lease

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7
Q

Tenant breaches while out of possession; what does landlord do?:

SIR

A

S = Surrender
I = Ignore
R = Re-let

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8
Q

Constructive evictions by landlord:

SING

A

S I = Substantial Interference
N = Notice
G = Get out

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9
Q

Four unities of joint tenancy:

T-TIP

A

T = Time
T = Title
I = Interests (identical)
P = Possession

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10
Q

Severance of Joint Tenancy:

SPaM

A

S = Sale
P = Partition
a M = And Mortgage

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11
Q

Is it a fixture? :

DAMN

A

D = Damage to property
A = Adaptation to using realty
M = Manner of attachment
N = Nature of item

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12
Q

Creation of Affirmative Easements:

PING

A

P = Prescription
I = Implication
N = Necessity
G = Grant

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13
Q

Creation of Negative Easements:

LASS

A

L = Light
A = Air
S = Support
S = Stream water

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14
Q

Adverse Possession/Prescription:

COAH

A

C = Continuous
O = Open/notorious
A = Actual
H = Hostile

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15
Q

Termination of Easement:

END CRAMP

A

E = Estoppel
N = Necessity
D = Destruction of servient tenement
C = Condemnation
R = Release
A = Abandonment
M = Merger
P = Prescription

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16
Q

Equitable Servitudes:

TWIN

A

T = Touch/concern
W = Writing (sometimes)
I = Intent to run with land
N = Notice

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17
Q

Specific Intent Crimes:

BAM ACTS

A

B = Burglary
A = Assault
M =Murder, 1st Degree Premeditated

A = Attempt
C = Conspiracy
T = Theft (larceny)
S = Solicitation

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18
Q

General Intent Crimes:

MBRIK

A

M = Murder (2nd degree)
B = Battery
R = Rape
I = Imprisonment (false)
K = Kidnapping

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19
Q

Constitutional Law - Enumerated Powers of Government:

CREATES DICE

A

C = Civil Rights
E = Elections (Congressional)
A = Admirality
T = Taxation
E = Eminent domain
S = Spending/Taxing for general
welfare

D = Defense
I = Interstate commerce
C = Citizenship
E = External (foreign affairs)

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20
Q

For Collateral Estoppel:

PIANO

A

P = Party in prior lawsuit
I = Identical issue
A = Actually litigated and determined
N = Necessarily determined
O = Opportunity to litigate (full and
fair)

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21
Q

Test to see if a state statute is pre-empted by Federal Law if not explicitly stated:

PUSH

Study These Flashcards
A

Check for:

P = Pervasiveness of Regulation
U = Uniformity of Regulation desired
S = Similarity of Regulation
H = History of how that area has been
regulated

22
Q

CORPS - Rule 10B(5):

Frank Secretly Purchased Interesting Romanian Decorations

Study These Flashcards
A

F = Fraud
S = Scienter
P = Purchase of securities
I = Interstate commerce
R = Reliance
D = Damages

23
Q

Battery - intentional harmful or offensive touching of another without consent or privilege:

CAHIL

Study These Flashcards
A

C = Causation
A = Act
H = Harmful/Offensive contact
I = Intent
L = Lack of consent or privilege

24
Q

Assault:

Call AI And Instigate Lengthy Investigation

Study These Flashcards
A

C = Causation
A = Act
A = Apprehension
I = Intent
L = Lack of consent or privilege
I = Imminent

25
False Imprisonment: A Confinement Can Involve Anguish
A = Act C = Confinement C = Causation I = Intent A = Awareness or harm
26
Trespass to land: Putting In Pond Is Asinine
P = Physical I = Invasion P = Possession I = Intent A = Act
27
Defenses (Flemings) [idk what this means]: Crazy Silly Double Dealing Dirty Dog Leave Right Now, Never Return Ever
1. C = Consent 2. S = Self defense 3. D = Defense of Others 4. D = Defense of Property 5. D = Discipline 6. D = Detention for investigation 7. L = Legal authority 8. R = Reentry of land wrongfully withheld 9. N = Necessity (Public) 10. N = Necessity (Private) 11. R = Recapture of Chattel Wrongfully Withheld 12. E = Entry to abate a nuisance
28
Attractive Nuisance Doctrine: A Child Usually Rebels Yearly Unless Restrained
A = Artificial C = Condition U = Unreasonable R = Risk Y = Youth U = Utility R = Risk (risk twice??)
29
Purposes for which other crimes, wrongs, or acts evidence (extrinsic evidence) may be offered: MIAMI COP
(M)otive (I)dentity (A)bsence of (M)istake or accident (I)ntent (C)ommon plan or scheme (O)pportunity (P)reparation
30
Hearsay Exceptions: BAD SPLITS, PEPPI
B = Business Records A = Admission by party opponent D = Dying Declaration S = Spontaneous statements (excited utterance and present sense impression) P = Past recollection recorded L = Learned treatise I = Interest - Declaration against T = Testimony, former S = State of mind or condition P = Public Records E = Equivalency (residual, catch all) P = Prior inconsistent statement P = Prior consistent statement I = Identification
31
Hearsay Exception - Business Records: KRAP
K = Keep R = Regular course A = At or near the time P = Personal knowledge
32
Hearsay Exceptions Requiring Unavailability: DAFT
D = Dying declarations A = Against interest declarations F = Family and personal history statements T = Testimony, former
33
Slander per se: PLUM
P = Profession and business (adverse remarks) L = Loathsome Disease U = Unchastity of an unmarried woman M = crime involving Moral turpitude
34
Defenses to Contract: I Die for My Mom's Sweet & Unconditional Love
I = Incapacity D = Duress M = Mistake M = Misrepresentation, fraud S = Statute of Frauds U = Unconscionability L = (il)legality
35
When a 3rd party beneficiary's rights vest: think "kevLAR vest"
L = Lawsuit - 3rd party beneficiary brings Lawsuit to enforce K A = Assent - 3rd party beneficiary gives Assent to the benefit R = Reliance - 3rd party beneficiary detrimentally Relies after knowledge of the benefit.
36
Hearsay Exceptions: ADDEM P. BOPP
A = Admission D = Declaration D = Dying declaration E = Excited utterance M = Mental state P = ??? B = Business records O = Official Records P = Past recollection recorded P = Prior recorded testimony
37
Constructive Eviction: SING
S = Substantial I = Interference -- with use and enjoyment N = Notice -- must be given to landlord G = Get out -- Tenant must vacate premises to raise constructive eviction
38
Invasion of Privacy Torts: DIAL
D = Disclosure of private facts I = Intrusion into private space A = Appropriation of likeness L = Light, portrayal of plaintiff in False
39
Damages in Torts: General X.M. Speck 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.
40
Constitutional Test for In Personam Jurisdiction: Mary Prefers Facials From Really Classy Spas
M = Minimum Contacts - P = Purposeful Availment - F = Foreseeability F = Fair Play and Substantial Justice - R = Relatedness - C = Convenience - S = State's Interest
41
To remember the warrant-less search exceptions: CHEAPS
C = Consent H = Hot Pursuit E = Exigent A = Auto P = Plain View S = Search incident to lawful arrest
42
Easements are "A NAG" but creating them is easy as "PIE"
A = Affirmative N = Negative A = Appurtenant G = Gross P = Prescription I = Implied E = Express
43
Constitutional Right to Privacy: CAMPER
C = Contraception A = Abortion M = Marriage P = Procreation E = Education R = Relations, Family relations & right to keep family together
44
First Amendment Establishment Clause: SEX
S = Secular purpose E = Effect is not to advance religion X = no eXcessive entanglement
45
Approximation of presence for In Personam Jurisdiction: My Parents Frequently Forgot to Read Children's Stories
M = Minimum Contacts P = Purposeful availment F = Foreseeability F = Fairness factors R = Relatedness of contact & claim C = Convenience S = State's interest
46
Landlord-Tenant - Exceptions of no landlord liability to tenant for defects in the rental: CLAPS
C = Common areas L = Latent defects (at start of lease) A = Assumption of repairs P = Public use rule S = Short-term lease of furnished dwelling
47
A real property deed is effective when "LEAD".
L = Lawfully E = Executed A = And D = Delivered
48
Real estate covenants: Studied And Ready, We'll Quietly Fail.
S = Sesin R = Right to Convey A = Against Encumbrances W = Warranty Q = Quiet Enjoyment F = Further Assurances
49
Specific Performance: I'm Doing Fine Mom & Dad
I = Inadequacy of Damages D = Definite & Certain Terms F = Feasibility of enforcement M = Mutuality D = Defenses
50
Injunction: I Put Five Bucks Down
I = Inadequacy of Damages P = Property right F = Feasibility of enforcement B = Balance the harms D = Defenses
51
Statute of Frauds: MYLEGS
M = Marriage Y = more than 1 Year L = Land interest E = Executor's promise to pay debts out of own pocket G = Goods of $500 or more S = Suretyships
52
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