Bar Exam Mnemonics
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Torts: Subject to Products Liability "MINIS"
- Implied Warranty
- Strict Liability
Torts: When you have to warn licencees of danger
Artificial Conditions / Dangerous Concealed ones
Torts: Affirmative Duty to Rescue- "CRAPS"
- Relationships, special
- Assumption of risk
- Peril created by you
Torts: Invasion of Privacy "CLIP"
- Commercial appropriation
- Light, false
- Intrusion upon seclusion
- Public disclosure of private facts
Torts: Slander per se categories "LUMP"
- Loathsome disease
- Moral turpitude
- Profession/ business reputation
Property: Ways to create an easement "PING"
Property: Covenants you convey via general warranty deed "QWF-ERS"
- Quiet enjoyment
- Warranty against future lawsuits
- Further surrances
- Right to convey (no restrictions)
- Seisin (you own the land)
Property: Exception to voluntary waste
epair (can use proceeds from thing to make R repair)
rant (conveyance expressly say you can do)
xploitation (land is only good for the particular use)
Property: Adverse Possession
- Statutory Period
Property: How to terminate an easement
- Esoppel (promise by holder it won't be enforced + serviant estate reliance)
- Necessity (expire when necessity ends, unless expressly granted)
- Destruction(of serviant land, unless thru willful conduct of serviant tenant)
- Condemnation (eminent domain)
- Release (written release by easement holder)
- Abandonment (holder demonstrates by physical action)
- Merger (title of dominant & serviant become vested in same person)
- P rescription (Adverse possession--> COHENS)
Evidence: Authentication for Business Records "BLAC"
- B- record kept in ordinary course of regular business
- L- (knowledge)was regular course of ordinary busiess for a person who learned of the matter to make such a record
- A- records were made at or near the time of the event
- C- W must say that he is the custodian of the record (he wrote it)
Evidence: Expert W "Daubert Test" TARP
- Tested methodology
- Acceptance by other experts
- Rate of error
- Peer review and publication
Evidence: Uses of prior bad acts for non-character purposes POMIP KIA
- Absence of mistake/accident
Evidence: Hearsay exceptions- Declarant Unavailable
For Fucks Sake Dawg
- Former testimony
- Forfiture by wrongdoing
- Statement against interest
- Dying declarations
Crim: The 6th A gives you the rithto CATS
- Confront Ws
- Assistance of counsel
- Ttrial by jury
- Speedy trial
Crim: The exclusionary rule doesn't apply to "KC PIGS"
- Knock and announce
- Civil proceedings
- Parole revocation proceedings
- Impeachment purposes
- Grand jury
- State law violations
Crim: Burglary "BED NOW"
- Breaking and
- Entering of a
- Dwelling at
- Of another
- With intent to commit a felony inside the dwelling
Crim: Stealing Crimes
"LEFT" hand people steal
- *All specific intent crimes
- False pretenses (to gain title)
- Trick, larceny by (to gain possession)
Crim: MAlice Crimes
Crim: General Intent Crimes BaRK FID
- False imprisonment
- Involuntary manslaugher
- Depraved heart murder
Crim: Exceptions to warrant reqs "ESCAPIST"
- Exigent circumstances (fligh or destructiono of evidence)
- Special needs (border searches, schools, probationers homes, gov employees)
- Search Incident to Lawful Arrest
- Terry Stop & Frisk
Contracts: Reasons a K may not be enforceable
DAM U SMELL
tatute of Frauds
ack of consideration
ack of capacity
Contracts: Agreements subject to Statute of Frauds
- Estate (testamentary)
- Goods > $500
- Surety (guaranteeing another's debt)
Con Law: Lemon Test "SEX"
- Elements:1)Secular purpose
- 2) Primarily secular Effect
- 3)Avoids eXcessive entanglements between gov & religion
Con Law: Commerce Power "SIC"
- 1. Substantially effects interstate commerce2. Instumentalities of interstate commerce3. Channels of interstate commerce
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