Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/31

Click to flip

31 Cards in this Set

  • Front
  • Back
R.Property
*****
Adverse Possession
"OCEAN"
O pen
C ontinuous
E xclusive
A ctual
N otorioius
General Intent Crimes
"MBRIK"
MBRIK

M urder (2nd degree)
B attery
R ape
I mprisonment (false)
K idnapping
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
Civ Pro - Collateral Estoppel

"PIANO"
"PIANO"

Party in prior lawsuit
Identical issue
Actually litigated and determined
Necessarily determined
Opportunity to litigate (full and fair)
Coorps - Rule 10B(5) - Misrepresetation

"Frank Secretly Purchased Interesting Romanian Decorations"
Fraud
Scienter
Purchse of securities
Interstate commerce
Reliance
Damages
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
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
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
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
Negligence Definition
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.
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
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.
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
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
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
----------------------------------------
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]
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
Community Property in CA

"SPAAD"
S=Source
P=Presumptions
A=Actions to alter the character
A=Analysis
D=Distribution
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)
Obscenity Miller Test
Miller Test
"PP SLAP"
P-purient interest
P-patently offensive
SLAP - lacks any serious Social, Literary, Artistic, Political value "SLAP"
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.
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
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.
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
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
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)
Damages - Tort

"The UFC Causes Nominal Punishment"
Unavoidable
Foreseeable
Certainty
Causation
Nominal
Punitive
"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."
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.
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
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