Input: Civil Procedure Reasons Why An Arbitration Award May Be Vacated The arbitrator was BLAMED so his judgment was vacated. BIAS LACKED ARTICLES MISCONDUCT EXCEEDED DEMAND

Output: BIAS of arbitrator award LACKED rational basis procedure violated ARTICLES of governing statute MISCONDUCT, fraud or corruption arbitrator EXCEEDED scope of authority or issued opinion contrary to public policy DEMAND OF ARBITRATION was not properly served so losing party did not get to participate

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Commercial Paper Elements of Negotiability Rights of Holder in Due Course WOSSUPP! if WE FUC, you'll get DAFFIDILS. WOSSUP - elements that make an instrument negotiable WE FUC - an HDC takes instrument free of all claims and personal defenses DAFFIDILS - an HDC takes instrument subject to real defenses

Output: WOSSUP: in WRITING (statute of frauds) payable to ORDER of or to bearer (negotiable words) SIGNED by the maker or drawer SUM is certain (principal only - amount of interest flexible) UNCONDITIONAL promise with no other promises attached PAYABLE on demand or at a definite time PAYABLE in sovereign currency only WE FUC: WAIVER ESTOPPEL FRAUD in inducement (impostor) UNCONSCIONABILITY CONSIDERATION lacking (for the note) DAFFIDILS: DURESS - threat of violence (not economic duress) material ALTERATION of instrument FORGERY Fraud in the FACTUM (signor did not know it was a negotiable instrument) ILLEGALITY DISCHARGE in bankruptcy of maker or drawer INFANCY of maker or drawer LACK of mental capacity STATUTE of limitations has expired on the debt

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Constitutional Law - Presidential Power The president can eat at PF chang's with one CAVEAT. PARDON FOREIGN COMMANDER APPOINTMENT VETO EXECUTIVE ADVISE TREATY

Output: PARDON convicted federal criminals FOREIGN Affairs COMMANDER in chief of the armed forces APPOINTMENT of ambassadors, federal judges and superior officers VETO power over acts of congress EXECUTIVE agreements and privileges ADVISE congress on state of the union in special session TREATY power

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Constitutional Law Limits to Exercise of Power by Government You must SPECIFICLE state how the government violated your constitutional rights. SUBSTANTIVE DP PROCEDURAL DP EPC CIVIL rights IMMUNITIES FIRST AMENDMENT IRREBUTTABLE presumptions CONTRACTS retroactive LEGISLATION ECONOMIC taking

Output: Substantive due process Procedural due process Equal protection Civil rights Immunities granted to all citizens with regard to livelihood, employment, transfer of property, federally protected interests First amendment Irrebuttable presumptions of fact regarding constitutionally protected rights Contracts clause Legislation that is retroactive Economic taking w/o just compensation

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Constitutional Law Due process - Fundamental Liberties Courts strictly scrutinize government action involving a STAR VP CAMPER. STAR VP - six fundamental freedoms CAMPER - privacy rights

Output: STAR VP: freedom of SPEECH right to TRAVEL freedom of ASSOCIATION freedom of RELIGION right to VOTE right to PRIVACY CAMPER: Contraception Abortion ("undue influence" branches w/intermediate scrutiny) Marriage (including dissolution) Procreation Education of children outside public schools Related persons' right to live together

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Constitutional Law - Dormant Commerce Clause (limitation on state action) Nonresident Statutes Are Rude. NONDISCRIMINATORY SUBSTANTIAL nexus APPORTIONED RELATEDNESS

Output: SUBSTANTIAL nexus between state interest and burden on non-resident NONDISCRIMINATORY intent, construction and application APPORTIONED between residents and non-residents that reflects fundamental fairness RELATED to State services or resources

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Constitutional Law - Obscenity The porn on Miller's LAPTOP is not obscene in the privacy of his home unless it includes kiddie porn. Miller v. California LAPTOP

Output: LACKS literary, artistic, political or scientific value AVERAGE person, applying contemporary community standards appeals to the PRURIENT interest in sex TAKEN as a whole patently OFFENSIVE depiction of sexual conduct POSSESSION of obscenity in privacy of home OK but child pornography can be entirely prohibited

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Constitutional Law - Limitation on State Action (14th & 15th Am.) the State's PLEA fell on deaf ears SHELLEY V. KRAMER PUBLIC functions LICENSING ENCOURAGMENT AID

Output: SHELLEY v. Kramer - "The 14th Amendment erects no shield against merely private conduct, however discriminatory or wrongful." PUBLIC functions - cities, counties, state institutions, officials acting in official capacity LICENSING - granting monopolies and heavy regulation is NOT state action ENCOURAGEMENT (or facilitation or authorization) of discrimination by citizens AID - excessive state financial entanglement

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Contracts - Common Law Essential Contract Terms Q-TIPS

Output: Quantity Time of performance Identification of parties Price Subject matter

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Contracts - Applicability of Statute of Frauds a fake ORGASM violates the statute of frauds ONE year REAL estate GOODS >$500 ADMINISTRATOR SURETY MARRIAGe

Output: One year or longer Real estate Goods over $500 or intangibles over $5000 Administrator / executor of estate promising to cover costs Surety agreements (guarantees on behalf of another, unless purpose is self-serving) Marriage agreements (prenupitals)

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Contracts Exceptions to Statute of Frauds No writing necessary if the deal is made in a SWAMP. SPECIALLY Mfg WAIVER ADMISSION MERCHANT MEMO PARTIAL performance

Output: SPECIALLY manufactured goods (production must have begun) WAIVER judicial ADMISSION that contract is valid MERCHANT memo - UCC. Add'l terms are part of deal unless acceptance materially alters terms of offer objected to in writing within 10 days from receipt offer expressly restricted acceptance on terms PART performance goods already delivered payment already received/accepted

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Contracts - Elements of Legal Relationship a TACO has all the ingredients to make a contract. TERMS ACCEPTANCE CONSIDERATION OFFER

Output: definite TERMS, express or implied ACCEPTANCE of terms CONSIDERATION - bargained for legal detriment and/or benefit flowing OFFER inviting acceptance

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Contracts - Termination of Offer Don't offer IDLE CIDER that's expired. INCAPACITY DEATH LAPSE EXPRESS rejection COUNTEROFFER ILLEGALITY DESTRUCTION EFFECTIVE mailbox REVOCATION

Output: Incapacity of offeror Death of offeror Lapse of time Express or implied rejection Counteroffer Intervening illegality Destruction of contract’s subject matter Effective termination under mailbox rule Revocation communicated to offeror before acceptance effective

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Contracts - Parol Evidence Rule DECAF Includes parol evidence but a FOAM LID keeps the contract from forming. DECAF I - elements of parol evidence rule FOAM LID - parol evidence that will serve as a defense to formation

Output: reveal DEFENSE to contract formation EXISTENCE of a condition CONTRADICTS, varies or adds to integrated writing clarify ADDITIONAL terms (UCC) FINAL writing intended but not accomplished INTRODUCE consistent collateral subordinate agreement that would not normally be included in an integrated writing FRAUD ORAL condition precedent AMBIGUITY MISTAKE LACK of consideration ILLEGALITY DURESS

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Contracts Excuse of Conditions & Discharge of Duty to Perform WIVES PAD their pockets with excuses to get out of contracts. WIVES PAD these conditions excuse performance

Output: Waiver (knowingly accepted defective performance) Impossibility (objective - nobody could perform) Voluntary disablement (implied repudiation) Estoppel (other party says don't perform) Subsequent agreement of parties (mutual rescission, modification, novation, substitution) Prevention of performance (intentional or negligent hindrance) Anticipatory repudiation (present, absolute, unequivocal renunciation of obligation) Divisibility of contract duties

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Contracts - UCC Article 2 Material Alteration of Offer A merchant that WARPS my offer with his reply memo makes me Just Livid. WARRANTY ARBITRATION RISK of loss PAYMENT SHORTENING SoL JURISDICTION LIABILITY waiver

Output: WARRANTY negation such as merchantability or fitness ARBITRATION requirement added (unless customary practice in trade) RISK of loss shifted, adjusted or altered PAYMENT terms and amount changed SHORTENING Statute of Limitations to sue for non-conforming goods JURISDICTION clause bestowing or changing laws covering K LIABILITY waiver or limitation (in tort or contract)

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Contracts - UCC Article 2 Implied Terms in Sales Contracts I CITE the UCC to prove implied terms. INSPECTION CREDIT INSURANCE TENDER EXCHANGE UNIFORM COMMERCIAL CODE

Output: INSPECTION. Buyer usually has a right to inspect tendered goods before acceptance. CREDIT. Seller is not obligated to extend credit to buyer. INSURANCE. Risk of loss falls on party in best position to bear loss (usually the one who protected goods by insuring them). TENDER of delivery is implied at Seller's place of business. EXCHANGE of performance is usually concurrent. UNIFORM COMMERCIAL CODE

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Contracts - UCC Article 2 Seller's Remedies for Buyer's Breach When the buyer is a K LAPSER, seller has remedies. KEEP deposit LOST profit ASSURANCES PRICE STOP goods EXERCISE reclamation RESELL

Output: KEEP deposit if under $500 sue for LOST profit (if "unlimited supply" available) demand ASSURANCES if insolvency/incapability is evident sue for entire contract PRICE STOP goods in transit. EXERCISE right to reclaim goods delivered to insolvent buyer RESELL goods to another buyer

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Contracts - UCC Article 2 Buyers Remedies for Seller's Breach a buyer Can Revoke Security or WAIT when seller breaches. CANCEL REVOKE SECURITY WITHHOLD $ ACCEPT & recover $ INADEQUATE = demand TENDER & claim

Output: CANCEL the contract, purchase from another, recover damages. REVOKE contract if substantial breach where acceptance induced by reasonable expectation of prompt cure or latent (undetectable) defect withhold non-conforming goods as SECURITY for damages. WITHHOLD amount equal to damages (notice to seller required) ACCEPT non-conforming goods at k price, recover consequential & incidental damages if money damages are INADEQUATE, buyer can demand goods. TENDER balance due & claim goods if buyer has partially paid

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Contracts - UCC Article 2 Warranties warranties are Fully TEAMED with goods sold. FITNESS TITLE ENCUMBRANCES AFFIRMATIONS MERCHANTABILITY EXPRESS warranties as DESCRIBED

Output: FITNESS for a particular purpose seller's warranty of TITLE EXPRESS warranties written into contract AFFIRMATION of fact or promise made by seller relating to goods (written or oral) MERCHANTABILITY warranty against ENCUMBRANCES DESCRIPTION of goods in advertisement, brochure or catalog

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Contracts - UCC Article 2 Defenses to Breach of Warranty GRAMPA can't be liable for breach of warranty. Government Running SoL Absence Misuse Preemption Assumption

Output: GOVERNMENT military & surplus contracts RUNNING of statute of limitations ABSENCE of privity of contract unforeseen MISUSE of a product federal PREEMPTION ASSUMPTION of risk

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Corporations - Piercing The Corporate Veil TWIST the knife to pierce the corporate veil. TEN sh WORKER's comp ILLEGALITY SALES/corp tax unpaid TORTIOUS acts

Output: TEN largest shareholders of private company are personally liable for unpaid wages/benefits WORKER's compensation insurance must be obtained. If not, officers are criminally, strictly liable to injured employee. ILLEGAL conduct by shareholders. SALES or corporate income tax not paid renders directors & officers (D&O) responsible to taxing authority. TORTIOUS conduct of D&O, employees and shareholders cannot use corporate veil to hide from personal liability.

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Corporations - Contents of Certificate of Incorporation the corporation's certificate of incorporation lists PVT MCLAW PREEMPTIVE rights VALUE of par TRANSFER restrictions MAJORITY CUMULATIVE voting LESS than maj to dissolve sh AGREEMENTS at WILL

Output: PREEMPTIVE rights VALUE of par shares (if to be fixed by shareholders rather than directors) stock TRANSFER restrictions MAXI-MAJORITY, super-majority, quorum voting requirements CUMULATIVE voting rights when electing directors whether LESS than majority of shares can vote to voluntarily dissolve corporation shareholder AGREEMENTS regarding actions authorized without SH meetings, restrictions on D&O powers, or if SH can directly manage company (no BoD) corporate dissolution at WILL or upon specific event

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Corporations Actions Requiring Shareholder Approval Shareholders deserve A DAMN SALAD if the corporation makes a big change. AMENDMENT DISSOLUTION ASSET MERGER NAME SURETY AGENT LOCATION ABOLISHING liability DIRECTOR loans

Output: AMENDMENT of certificate of incorporation that changes quorum, maxi/super majority, preemptive or cumulative voting rights, and/or corporate purpose DISSOLUTION (voluntary) ASSET sale, lease or exchange (>75% of assets) MERGER or consolidation NAME change SURETY interests in debt not acquired for corporate purposes change of AGENT for service of process change of LOCATION of corporate office ABOLISHING or limiting directors’ liability for negligence DIRECTOR loans

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Corporations - Appraisal Rights of Shareholders if PAM C dissents, she gets appraisal rights. PREEMPTIVE ASSET MERGER CUMULATIVE

Output: PREEMPTIVE, redemptive or other share of ownership rights affected ASSET sale, lease or exchange (>75% of corp assets) MERGER or consolidation into another entity CUMULATIVE voting rights affected

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Corporations - Appraisal Right Valuation The court will AIM for fair value in determining appraisal rights. ASSET INVESTMENT MARKET

Output: net ASSET value - where company holds substantial tangible assets (e.g. real estate investment holding co's, retail and wholesale co's) INVESTMENT value - earning power of corporate stock MARKET value of stock (court considers arms-length similar sales in same community or marketplace)

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Corporations - Duties of Directors & Officers Directors & Officers who get SUED For being OLD can fire a FLARE. SUED - types of conflict of interest FOLD - usurpation of corporate opportunity tests FLARE - defenses to usurping corporate opportunity

Output: SELF-dealing USURPATION EXECUTIVE compensation unreasonable DIRECT conflict of interest FITNESS & fairness of transaction OPPORTUNITY was available to corporation LINE of business was same as corporation's DISCLOSURE was not proper FINANCIAL incapacity of corporation to enter K LEGAL incapacity of corporation to enter K ABANDONED (purposeful failure to deal) REJECTED (purposefully declining to transact) EXPLICIT approval by uninterested BoD or SH

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Corporations - Actions of Directors that cannot be indemnified Directors can't be indemnified for RIBALD Gains. REDEMPTION INTENTIONAL misconduct BAD faith ASSETS before creditors improper LOAN DIVIDEND unjust GAIN

Output: REDEMPTION of shares when not permitted (no surplus) INTENTIONAL misconduct or knowing violation of law BAD faith conduct ASSETS distributed to shareholders before paying creditors LOAN granted improperly to fellow director without dissent declaration of improper DIVIDEND (no surplus) GAINS personally derived due to misconduct

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Corporations - Shares With No Preemptive Rights If your shares have a STAMP, you don't have preemptive rights. STOCK INCENTIVES TREASURY AUTHORIZED w/in 2 yrs MERGER PURCHASE w/o cash

Output: STOCK incentives used to retain and attract corporate talent TREASURY stock AUTHORIZED in certificate of incorporation and sold within 1st 2 years (no preemptive rights for 2 years) MERGER or consolidation caused shares to be created PURCHASE of shares occurred without cash

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Corporations - Irrevocable Proxy Voting Rights You can't revoke a proxy for PEACE. if PLEDGED not ENTITLED AGREEMENT by sh CREDITOR EMPLOYEE w/proxy

Output: PLEDGED shares (for loan) ENTITLEMENT to vote is not vested on record date (bought/sold too early/late) AGREEMENT executed for specified period between shareholders CREDITOR holding shares as collateral for extending credit EMPLOYEE owned shares issued with specified proxy requirements

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Corporations - Elements of 10b-5 Stock Transfer Liability In the MIDST of the STORM, it feels like a category 10b-5. MATERIAL fact INTERSTATE DAMAGES STANDING TIPPER/TIPPEE SCIENTER TARGETED sh OMISSION RELIANCE MISSTATEMENT

Output: MATERIAL fact – is the information important? INSTRUMENTALITY of interstate commerce used in connection with transaction (mail) DAMAGES – civil, regulatory, criminal Civil: expectation damages or rescission Regulatory: SEC can impose treble damages (triple profits) and order injunction Criminal: Federal DOJ can impose criminal fines and imprisonment STANDING – purchaser/seller who purchased/sold stock in connection with alleged fraud TIP liability – inside tip given for improper purpose where tipper breached duty and tippee knew of the breach SCIENTER – defendant had actual knowledge of material misrepresentation regarding material information TARGETED persons who are already shareholders have standing to sue even if they didn’t buy/sell shares in conjunction with 10b-5 violation OMISSION or failure to disclose material fact by fiduciary will be treated similarly by the court as material misrepresentation RELIANCE on misrepresentation resulted in purchase or sale (exception: non-disclosure cases do not require reliance) MISSTATEMENT of material fact will be treated similarly by the court as material misrepresentation

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Corporations - Liability Under Sarbanes-Oxley Get the BAD TIC out of your SOx. BANNED loans ATTORNEY liability DISCLOSE ethics req. TRADING limits INDEPENDENT auditing CERTIFICATION of internal controls SARBANES OXley

Output: BAN on loans to offficers/directors of large public companies ATTORNEY liability attaches if aware of illegal transactions DISCLOSURE of ethics requirements must be made to all persons with authority to transact TRADING limitations cannot be exceeded or circumvented INDEPENDENT directors or firms must be appointed to audit records in question CERTIFICATION of internal controls required, with CEO & BoD on the hook for failure to comply. Sarbanes-OXley

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Criminal Law - Strict Liability Crimes If you pick a SCAB, you're strictly liable as a criminal. STATUTORY CONTRIBUTING ABNORMALLY BIGAMY

Output: STATUTORY rape CONTRIBUTING to the delinquency of a minor ABNORMALLY dangerous activities BIGAMY

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Evidence - Inadmissible Relevant Evidence I like PORN but it's still inadmissible. INSURANCE proving fault PRIVILEGED communication OFFERS of compromise REMEDIAL measures NEGOTIATION during plea

Output: INSURANCE introduced to prove fault or deep pockets PRIVILEGED evidence OFFERS of compromise or settlement (except in conjunction with offer to pay medical expenses) subsequent REMEDIAL repairs NEGOTIATED admissions made by criminal defendant during unsuccessful plea bargaining

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Evidence - Self-Authenticating Documents OIL CANS are self-authenticating. OFFICIAL INSTRUMENTS LABEL CERTIFIED ACKNOWLEDGED NEWSPAPERS SEALED

Output: OFFICIAL publications issued by public authority INSTRUMENTS - negotiable and commercial paper LABEL, tag or trademark affixed on item in regular course of business CERTIFIED public documents (by clerk of agency or court that had custody) ACKNOWLEDGED documents signed before notary, swore to truth, content and execution (except wills) NEWSPAPERS and periodicals with reasonably wide circulation SEALED documents (government certified)

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Evidence - Hearsay Exceptions Admissibility of Business Records Business records feature the sound of DRUMS. DURING ROUTINE UNTRUSTWORTHY MADE SOURCE

Output: written statement made DURING or near time of matter in issue ROUTINE, systematic practice of maintaining/storing this type of record UNTRUSTWORTHY. admissible unless circumstances indicate lack of trustworthiness MADE in ordinary course of business SOURCE of business record has personal knowledge of matter recorded

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Family Law - Validity Requirements of Marriage To validate his marriage, the groom must CROWN his lovely bride's ASS. CONSANGUINITY RECOGNIZED c/l OBTAIN license WITNESSES NO spouse AGE SOLEMNIZED SIGNED

Output: CONSANGUINITY - parties cannot be closer kin than second cousins if RECOGNIZED as valid where contracted under common law, then valid in most non CL states OBTAIN license from county auditor (must be used at least 3 days later, expires after 60 days) WITNESSES - two physically present NO other living spouse at time of marriage AGE of majority SOLEMNIZED by officer authorized by state to perform marriage ceremonies SIGNED marriage certificate (witnesses and person solemnizing marriage)

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Family Law - Marriage Grounds for Declaration of Invalidity The FACTOID about the Resident APE getting married was declared invalid. FRAUD AGE CONSANGUINITY TIMELINESS OUT-OF-STATE void INCAPACITY DURESS RESIDENT ANNULMENT PRIOR MARRIAGE EFFECT on children

Output: FRAUD - essentials of marital agreement based on fraud AGE - under 18 without parental or court approval CONSANGUINITY - parties are closer than second cousins TIMELINESS - either party may petition for declaration of invalidity at any time OUT of state marriage was void or voidable in contracting state INCAPACITY - mental, physical, 5-year incurable insanity DURESS - party induced to enter marriage by force neither party was a RESIDENT of the court's state ANNULMENT is the term describing the "symbolic" dissolution of a marriage that "never took place." However, if a marriage is legally declared invalid, the court will enter a Decree of Dissolution. PRIOR marriage undissolved at time of marriage sought to be declared invalid. no EFFECT on legitimacy of children despite declaration of invalidity.

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Family Law - Grounds for Dissolution IF you hit your spouse like a PIÑATA, the court will probably grant their petition for divorce. IRRETRIEVABLY BROKEN FILE in proper venue PERSONAL jx INCARCERATION or INCAPACITY ÑO FAULT CONVERSION ADULTERY TREATMENT (cruel/inhumane) ABANDONMENT

Output: IRRETRIEVABLY BROKEN marriage - "no-fault dissolution" requires no further allegations to be granted FILE in proper venue (any county where parties or children reside) PERSONAL JURISDICTION needed for court to impose financial obligation upon a party INCARCERATION or INCAPACITY of spouse for statutory period NO FAULT CONVERSION divorce after statutory period with valid separation agreement ADULTERY (defenses are condonation, recrimination, barred by SOL, procurement by petitioner) TREATMENT that is cruel & inhumane ABANDONMENT (requires intent to leave without consent/unjustified, lasting more than one year)

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Family Law - Factors Affecting "Just and Equitable" Distribution Your lifestyle might GET CRAMPED when marital assets are equitably distributed. GOODWILL EXTENT of property TENANCY IN COMMON COMPENSATION right of REIMBURSEMENT ALL property subject to division MARITAL standard of living PENSIONS EARNING capacity DURATION

Output: GOODWILL of spouse's professional services practice (value intrinsically tied to personal work) EXTENT and nature of separate and joint property TENANCY IN COMMON results if joint property is discovered after decree of dissolution, to be held jointly with 50/50 split COMPENSATION - all income and earnings are subject to division RIGHT OF REIMBURSEMENT for joint property contributions to separate property assets ALL property, both joint and separate, is to be divided in a just and equitable distribution (some states even permit division of pseudo-joint property acquired during non-formalized meretricious relationships) MARITAL standard of living PENSIONS - railroad, military and government pensions are governed by ERISA (federal law) EARNING CAPACITY at time of separation - "rehabilitative" maintenance may be granted to less fortunate spouse to acquire of sufficient education or training for a limited period of time DURATION of marriage: <5 yrs (division by restitution); 5 to 30 yrs (court discretion, case-by-case); >30 yrs (equalization of assets/income through time of retirement)

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Family Law - Specific Obligations Included In Child Support Orders Support HAS TILTeD in favor of the children. HEALTH CARE ACTIVITIES STATE SUPPORT SCHEDULE TRANSPORTATION INCOME recalculation LIFE insurance TAX eXEMPTION downward DEVIATIONS

Output: HEALTH CARE costs that are extraordinary ACTIVITIES - day care, athletics, team sports, lessons, camp fees, etc (dovetails with decision-making authority) STATE SUPPORT SCHEDULE - standard calculation TRANSPORTATION for long-distance commuting to accomplish visitation INCOME RECALCULATION due to fluctuations that reasonably affect ability to fulfill support obligations (based upon current pay stubs and tax returns; no retroactive changes) LIFE INSURANCE - court may order parent to obtain life insurance to ensure fulfillment of prospective support obligations TAX EXEMPTION allocations DOWNWARD DEVIATIONS on the basis of support payments required for other children or time spent with paying parent

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Professional Responsibility - Duties To Client When playing 5-Card STUD with a client's money, I must be a responsible professional. CCCCC (5-Card) STUD

Output: COMMUNICATE with client act COMPETENTLY do not reveal CONFIDENCES avoid CONFLICTS of interest render CANDID advice SAFEGUARD client's money & property TERMINATE atty/client relationship fairly and properly UNREASONABLE fees should not be charged act with reasonable DILIGENCE

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Real Property - Covenants of Title under Warranty Deed The buyer CEASED worrying when seller delivered a warranty deed. CONVEY ENCUMBRANCES ASSURANCES SEISIN ENJOYMENT DEFENSE

Output: right to CONVEY ENCUMBRANCEs have been disclosed further ASSURANCES that seller will provide cooperation and assistance to the other party in executing their duties under the contract SEISIN (immediate possession) quiet ENJOYMENT warrant to DEFEND title against DEFECTS

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Real Property - Non-Possessory Interests In Land Let me C NIPPLES and I'll let you use my land. COVENANT NECESSITY IMPLICATION PROFIT PRESCRIPTION LICENSE EXPRESS SERVITUDE

Output: COVENANT running with the land (writing, intent, touch & concern, privity of estate) easement by NECESSITY (landlocked) easement by IMPLICATION (conveyance with retention by owner of part of property; must be reasonably necessary) PROFIT that complies with SoF to extract something therefrom easement by PRESCRIPTION (adverse, open/notorious, continuous for statutory period - does not need to be exclusive) revocable LICENSE that grants permission to enter without being a trespasser EXPRESS easement by deed or will SERVITUDE equitably enforceable by another lot owner

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Real Property Termination or Expiration of Non-Possessory Interests In Land REMAND use of that ACRE back to its rightful owner! RELEASE EMINENT DOMAIN MERGER ABANDONMENT NECESSITY DESTRUCTION ABUSE CHANGED REVOCATION (licenses) ESTOPPEL

Output: RELEASE by party with non-possessory interest (written) EMINENT DOMAIN (condemnation / taking by regulation or physical possession) MERGER - common ownership of dominant and servient tenement ABANDONMENT (non-use is NOT sufficient) end of NECESSITY DESTRUCTION of servient tenement ABUSE - servient landowner may receive injunction & damages CHANGED neighborhood conditions (equitable servitudes only) REVOCATION (applies to revocable LICENSES only) ESTOPPEL - where holder represents intent to abandon & servient tenement so relies

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Real Propert - Ways to Sever a Joint Tenancy to sever a joint tenancy's TTIP, RIP'M apart TTIP - 4 Unities RIP'M - ways to sever a JT

Output: TIME TITLE INTEREST POSSESSION RIGHT of survivorship upon death INTER VIVOS conveyance resulting in tenancy in common PARTITION by MORTGAGING interest in title theory state

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Real Property - Permissible Zoning Practices The zoning board won't let me plant my FICUS in that GAP. FLOATING zone ISSUE permits CONTRACT zoning planned UNIT development SEGREGATE incompatible use GRANT variances AMEND ordinance PLANNING

Output: FLOATING zones - specified circumstances that allow landowners to circumvent zoning restrictions ISSUE conditional use permits (provided specified conditions exist) CONTRACT with developers to rezone land if developed in a certain way planned UNIT development that permits developers to vary use and space of tract to appropriately balance residential, commercial and business use SEGREGATE land into districts to divide incompatible uses and protect established uses from economic loss GRANT variances if: unnecessary hardship is shown, zoning precludes reasonable use, and public will not suffer substantial detriment AMEND zoning ordinances by local legislative action comprehensive PLANNING

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Real Property - Deed Requirements You can't transfer property unless the deed IS WILD. IDENTIFIES SIGNED WRITING INTENT LAND DELIVERED

Output: IDENTIFIES parties SIGNED by grantor in WRITING must show INTENT to transfer an interest LAND conveyed is described must be DELIVERED

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: UCC Article 9 Secured Transactions Advantages to Purchase Money Security Interest (PMSI) Status HATS off to PMSI creditors because they get top priority. HOUSEHOLD goods mere ATTACHMENT TWENTY day grace SUPER priority on inventory

Output: a PMSI in HOUSEHOLD goods is effective unlike every other security interest mere ATTACHMENT perfection TWENTY day grace period to perfect interest in non-inventory goods through filing SUPER priority on inventory if creditor provides advance notice to other creditors who have a security interest (e.g. after acquired interest clause) in that same collateral

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: UCC Article 9 Secured Transactions Permitted Contents of Security Agreements The FOCAL Point of a security agreement is the collateral. FUTURE cash advances OTHER duties/rights describe COLLATERAL AFTER-ACQUIRED clauses floating LIEN on fast-turning inventory PROCEEDS upon disposition

Output: FUTURE advances clause - allows further cash advances to be secured by collateral covered in earlier security agreement OTHER provisions, such as set-off or recoupment rights, debtor duties, circumstances constituting default, remedies, entitlement to costs & attorneys fees, and good faith requirement COLLATERAL description in reasonable detail - specify collateral's primary use in debtor's hands AFTER-ACQUIRED property clauses require that future collateral acquired or manufactured by the debtor later (including unmatured commercial tort claims) be covered by the present security agreement floating LIEN - type of security agreement on retail inventory that turns over frequently (executing new agreements each time not practical) PROCEEDS include whatever is received by the debtor upon the sale, exchange or other disposition of the primary collateral.

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: UCC Article 9 Secured Transactions Repossession Right of Creditor upon Default by Debtor The repo man SCAR'D the debtor but that's his right. STRICT foreclosure get CONSENT to take judicial ACTION REPOSSESSION DISPOSITION sale

Output: STRICT foreclosure, where creditor legally retains the collateral and outstanding debt is cancelled CONSENT, voluntary and contemporaneous, from debtor to enter and take collateral from home or other private property ACTION by judicial writ authorizing Sheriff to repossess self-help REPOSSESSION unless it causes breach of peace DISPOSITION sale. Non-judicial liquidation by creditor (after notifying debtor and other perfected parties). Creditor can obtain deficiency judgment against debtor if collateral brings less than the debt.

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Torts - Causes of action related to Products Liability You are liable for harm done if you use your PENIS as a product. PUBLIC misrepresentation EXPRESS warranty NEGLIGENCE IMPLIED warranty STRICT products liability

Output: PUBLIC MISREPRESENTATION under restatement 402(B) EXPRESS warranty under UCC 2-313 NEGLIGENCE IMPLIED warranty under UCC 2-314 to 2-318 merchantability fitness for a particular purpose remote purchasers covered STRICT products liability - known as "Absolute Liability in Tort" under Restatement 402(A)

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Torts - Causes of Action for Economic Injury causing FAMINE is an economic tort. FRAUD ABUSE of process MALICIOUS prosecution INJURIOUS falsehood NEGLIGENT misrepresentation interference with prospective ECONOMIC advantage

Output: FRAUD - misrepresentation of a past or present material fact ABUSE of process - initiation of civil or criminal proceedings against plaintiff with malicious intent (prior action NEED NOT have terminated in favor of present plaintiff) MALICIOUS prosecution - initiation of civil or ciminal proceeding against plaintiff with no probable cause that plaintiff is liable or guilty, malicious intent (prior action MUST have terminated in favor of present plaintiff) INJURIOUS falsehood (disparagement) - recklessly or intentionally published false assertion of fact leading to pecuniary injury caused by 3rd party's response NEGLIGENT misrepresentation - negligent misstatement of material fact in business of supplying information to others justifiably relied upon by plaintiff interference with prospective ECONOMIC advantage, including contractual relations

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Torts - Theories of Vicarious Liability i DARE Plaintiff to Join vicariously liable tortfeasors. DELEGATION of danger AUTOMOBILE ownership RESPONDEAT superior Negligent ENTRUSTMENT known PROPENSITIES JOINT enterprise

Output: DELEGATION of non-delegable duties (inherently dangerous work, like excavation) AUTOMOBILE ownership negligent entrustment (knew of unsafe driving habits) use by family members for a family purpose statutory liability for consenting to another's use of the vehicle RESPONDEAT superior - "master" liable for acts of "servant" if committed within scope of employment negligent ENTRUSTMENT of dangerous instrumentalities to a child failure to control child's known dangerous PROPENSITIES JOINT enterprises - when two or more persons act in concert

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Torts - Attractive Nuisance Test To Determine Liability An attractive nuisance is a REAL threat to the safety of children. RECOGNITION of danger EXPENSE ARTIFICIAL LIKELY trespassors

Output: children cannot RECOGNIZE danger EXPENSE of making condition is slight compared to danger dangerous condition on property is ARTIFICIAL children are LIKELY to trespass on property (and possessor knows or should know)

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Torts - Defenses to Defamation Privileges It's bad P.R. to defend FOGIES in defamation cases. PROCEEDINGS REPORTS FIRST amendment OPINIONS GOVERNMENT officials INTEREST of EQUAL time broadcasts SPOUSES

Output: statement occurred during PROCEEDINGS of legislative or judicial branch REPORTS of public proceedings FIRST amendment qualified privileges - non-malicious statements about public figures and public controversies, non-negligent statements about a private person fair comment OPINIONS official statements of GOVERNMENT officials statements made in the INTEREST of self, third persons or the public EQUAL time broadcasts communication between SPOUSES

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Torts - Defenses to Intentional Torts Hell hath no fury like A SCORN'D tort victim. ARREST SHOPKEEPER's privilege CONSENT defense of OTHERS RECAPTURE of property NECESSITY DEFENSE under protective privilege (self, land, chattels)

Output: use of reasonable force to effect an ARREST SHOPKEEPER's privilege to detain suspect for reasonable time using non-deadly force CONSENT defense of OTHERS if protected party was entitled to use same amount of force RECAPTURE of property if entitled to immediate possession NECESSITY for public purpose or to abate nuisance DEFENSE of self, land and chattels under protective privilege

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Torts - Available Remedies Damages, Restitution, Equity Get back at a tortfeasor by Playing CLARINET. PUNITIVE damages COMPENSATORY damages equitable LIEN ASSUMPSIT REPLEVIN INJUNCTION NOMINAL damages EJECTMENT constructive TRUST

Output: PUNITIVE damages for willful, wanton or malicious conduct normally associated with intentional torts COMPENSATORY damages for past, present and foreseeable future loss or injury (unforeseeable special damages must be specifically pleaded) equitable LIEN on defendant's property to secure payment of debt owed to plaintiff ASSUMPSIT (quasi-contract) suit to recover reasonable value of a benefit unjustly retained by defendant (plaintiff must waive tort liability) REPLEVIN to recover possession of specific personal property wrongfully taken INJUNCTION if there is inadequate remedy at law, threat of multiplicity of suits, damages are speculative or too small, and plaintiff will suffer from irreparable injury NOMINAL damages recoverable where no injury sustained EJECTMENT to restore possession of real property from which plaintiff was wrongfully ousted, PLUS mesne damages (rental value during that period) constructive TRUST - equitable creation of a "trust" to compel defendant to reconvey title to property unjustly retained

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Torts - Defenses to Claims Brought in Equity Rights in equity LAPSE if U assert a proper defense. LACHES freedom of ASSOCIATION injunction against PROSECUTION freedom of SPEECH injunction to ENJOIN crime UNCLEAN hands

Output: LACHES - equity aids the vigilant, not those who knowingly sit on rights waiting for a defendant to detrimentally change position freedom of ASSOCIATION - equity will not interfere with the internal management of an ASSOCIATION (exception: where property right is embedded in association membership) injunction sought against PROSECUTION of a crime - equity will not enjoin PROSECUTION of a crime (exception: where criminal statute has been declared unconstitutional) freedom of SPEECH - equity will not enjoin SPEECH (exception: national security at stake, sometimes trade libel) injunction sought against criminal act - equity will not ENJOIN crime (exception: public nuisance if criminal prosecution is an inadequate remedy) UNCLEAN hands - he who seeks equity must do equity (where plaintiff's unclean conduct is related to subject matter of suit and defendant is injured by it)

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Trusts - Elements of a Valid Trust I know the PARTS of a valid trust. INTENT to create valid PURPOSE ASCERTAINABLE beneficiaries RES named TRUSTEE SETTLOR

Output: INTENT to create a trust is manifest by conduct valid PURPOSE (not contrary to public policy or illegal) ASCERTAINABLE beneficiaries (directly capable of taking and holding title for their benefit) RES must be a presently existing, identifiable property interest named TRUSTEE with active duties who is capable of acquiring, holding and administering the trust res; legal & equitable titles merge if beneficiary and trustee are same person SETTLOR with capacity to understand extent of property, natural objects of bounty and nature of disposition

Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com

CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Trusts - Ways a Trust can be Created it's WICKED smart to create a trust. by WILL INTER VIVOS CONSTRUCTIVE/resulting by K (contract) EXERCISING power of appt. DECLARATION

Output: created by WILL (testamentary trust) INTER VIVOS trust created by transfer of property CONSTRUCTIVE or resulting trust created as a matter of law creation of trust by K (contract) creation of trust by EXERCISING the power of appointment DECLARATION of trust by property owner

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Trusts - Duties of Trustee The trustee had a duty to make sure the beneficiary wasn't drinking SPOILED CAB. SELF-DEALING PROTECT corpus not usurp OPPORTUNITIES INFORM on big transactions LITIGATE EXERCISE care, skill, prudence not DELEGATE authority COMPLY with terms ACCOUNTING refrain from BORROWING

Output: refrain from SELF-DEALING (duty of loyalty) PROTECT the corpus of the trust by preserving principal and diversifying the trust portfolio refrain from usurping OPPORTUNITIES available to trust (duty of loyalty) INFORM settlor and beneficiaries of transactions involving more than 25% of trust assets and wait for objections prior to executing the transaction LITIGATE on behalf of the trust when necessary EXERCISE degree of care, skill and prudence which would be exercised by a reasonably prudent person in managing his/her own property avoid DELEGATION of duties involving judgment, discretion or power of appointment (proper administration) COMPLY with terms & duties under trust detailed ACCOUNTING, including earmarking and segregating trust assets separately from personal assets refrain from BORROWING funds from the trust (duty of loyalty)

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Trusts - Trustee's Defenses for Breach of Duty A trustee can KIL a suit against him for breach of duty. KNOWING INSTRUMENT LACHES

Output: KNOWING consent (or waiver) to breach of trustee's duties by beneficiary (implicitly applied to beneficiaries who benefited from wrongful act) INSTRUMENT contains exculpatory or "hold harmless" provisions. These are enforceable ONLY if breach was merely negligent and trustee lacked bad faith. LACHES or statute of limitations - failure by beneficiary to timely assert claims

Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com

CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Trusts - When a "Charging Order" to Invade a Spendthrift, Support or Discretionary is Permitted Certain ANTICS let creditors invade the principal of protective trusts. ALIMONY NECESSITIES TAXES INTENTIONAL hindrance of creditor CHILD SUPPORT SELF-SETTLED trust assets

Output: ALIMONY obligations due a former spouse NECESSITIES - debts incurred for food, shelter, medical expenses, etc. TAXES - income necessary to satisfy beneficiary's tax responsibility can usually be attached INTENTIONAL hindrance, delay or defrauding of creditor's claims by transfering assets into a trust CHILD support owed to minor children SELF-settled asset protection trusts where settlor is also the beneficiary (minority rule: permitted if irrevocable and not created to defraud creditors)

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Future Interests - Allowed Restraints on Alienation U F See fighters are good at restraining aliens. USE restrictions right of FIRST refusal "wait and SEE"

Output: USE restrictions (with reversionary interest) - "To A but if not used for church purposes, the land shall revert to me." right of FIRST REFUSAL - allows holder to match a third party's offer (if accepted) to buy the property within a reasonable time "wait and SEE" doctrine - imposed by statute where operation of trust continues until last possible relevant time under the RAP (or 90 years) to see if the trust will survive.

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Trusts - Ways a Trust can be Terminated When a trust wants to be terminated, it yells "Pour some ACID on ME!!!" PETITION to court ACCOMPLISHED purpose CONSOLIDATION of trusts INCOME interest terminates DONOR termination MERGER of title EXPIRATION of trust term

Output: PETITION to court by beneficiary, spendthrift provision or settlor (if beneficiary is in agreement) purpose ACCOMPLISHED, illegal or impossible (such as if the sole beneficiary dies without heirs) CONSOLIDATION by the court where multiple trusts have same purpose, trustees, settlors and beneficiaries INCOME interest terminates - corpus is distributed to remainder beneficiaries if all income beneficiaries die (doctrine of acceleration) unilateral DONOR termination permitted if this right is specified in the instrument. This right is called a "grantor trust," so assets are included in grantor's estate for tax purposes. MERGER of legal and equitable title when beneficiary and trustee are the same person EXPIRATION of term specified in the trust instrument

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Wills - Eight Frequently Tested Problematic "Takers" Under the Will An executor looks to the LIAR DOCS to decide who takes under the will. LATER spouse IRREVOCABLE living trusts ADOPTED children REFUSAL by beneficiary subsequent DIVORCE OMITTED surviving children beneficiaries included in CLASS SATISFACTION by inter vivos transfer

Output: LATER spouse not named in existing valid will usually takes all jointly-owned property and the greater of $50k or 1/2 of the separate property under UPC intestacy succession rules IRREVOCABLE living trusts where the beneficiary is kin (lineal descendants of testator's grandparent) are covered by antilapse statute, but not devises where survivorship is required--all other lapsed devises are added to the residue of the estate. ADOPTED, half-blood, acknowledged and paternity suit children are treated as natural issues for inheritance purposes under the UPC and most states (exception: children take by right of representation if intestacy rules apply) a named beneficiary may REFUSE or disclaim to accept a devise under the will; property is added to residue subsequent DIVORCE causes all provisions favoring ex-spouse to be revoked unless stated otherwise in the will or if listed as beneficiary of insurance policy or ERISA benefit OMITTED surviving children usually qualify for a forced share as if decedent died intestate (unless disinheritance can be proved) CLASS beneficiaries must be sufficiently identifiable; courts refer to statute, testator's intent and applicable rules of construction to determine when class closes SATISFACTION of testamentary devise cannot be made by including inter vivos transfers of gifts given to beneficiary unless that intent stated in writing (i.e., executor can't deduct $20k gift to beneficiary received while testator was living from a $50k will devise)

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CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Wills - Classification of Legacies and Devises Acrostic Some Grantors Die Really Intestate Some - Specific devise or bequest Grantors - General legacy Die - Demonstrative legacy Really - Residuary gift Intestate - Intestate property

Output: SPECIFIC devise or bequest - particular items specified in the will GENERAL legacy - a sum of money to be paid out of any assets of the estate DEMONSTRATIVE legacy - a sum of money to be paid from a particular account or upon sale of a particular asset RESIDUARY gift - everything else not mentioned under a will with a residuary clause, distributed to the primary beneficiaries INTESTATE property - where there is no will, a lapse, disclaimer, no residuary clause, or the only will was successfully challenged (NOTE: most states disfavor intestacy--the court will interpret parol evidence to save any document that exists and adequately expresses the decedent's intent)

Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com

CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Wills - Ways to Revoke the provisions of a Will DIVORCE will AMBUSH beneficiaries. DIVORCE post-will ISSUE VARIANCE OBLITERATION slayer RESTRICTION CY PRES EXPRESS revocation ADEMPTION post-will MARRIAGE BEQUEST advancement UNIFORM Simultaneous Death Act SIGNATURE defaced HOLOGRAPHIC codicil

Output: DIVORCE / annulment (property passes as if the former spouse predeceased testator) post-will ISSUE (revoked as to that child) VARIANCE of provisions that increases a non-residuary gift or changes a beneficiary OBLITERATION by cancellation or physical act (burning or tearing) by RESTRICTION under slayer statute CY PRES modification of testator's bequest by the court to continue charitable purpose when impossible, impractical or wasteful to carry out as stated in the will EXPRESS revocation by subsequent properly executed instrument (including holographic will) ADEMPTION of property devised but not owned at death post-will MARRIAGE (as to surviving spouse's intestate share) BEQUEST advancement paid to beneficiary inter vivos (if gift exceeds intestate share, heir gets nothing) UNIFORM Simultaneous Death Act SIGNATURE of testator intentionally defaced HOLOGRAPHIC codicil modifying a holographic will

Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com

CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Wills - Surviving Spouse's Right to Elective Share A surviving spouse won't get the SHAFT Provided she takes her elective share. SOCIAL SECURITY HOMESTEAD ALLOWANCE FRACTIONAL TANGIBLE PRIVATE PENSION PLANS

Output: SOCIAL SECURITY HOMESTEAD laws secure the family home free of claims of creditors family ALLOWANCE awarded by probate court (statutory authorized maintenance and support during administration of will) FRACTIONAL share of decedent's estate (3% per year of marriage up to 50% under UPC; some states flat 1/3) TANGIBLE personal property set-aside as enumerated by statute PRIVATE PENSION PLANS paid as joint and survivor annuity to worker and spouse

Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com

CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: Wills - Ways for Surviving Spouse to Maximize Elective Share United Artists changed the SCRIPT. Now the surviving spouse gets a bigger elective share. US Savings Bonds APPOINTMENT to self SHAREHOLDER agreements gifts CAUSA mortis RETIREMENT benefits INTER VIVOS gifts w/in 1 yr POST-MARRIAGE jointly held property TOTTEN trust assets

Output: UNITED STATES savings bonds (jointly held) APPOINTMENT (to self) of trust res over which decedent had a general Power of Appointment (to give to anybody) SHAREHOLDER agreements entered into after the marriage restricting sale or testamentary disposition of testator's jointly held common stock revoking gifts CAUSA mortis not made in contemplation of death submit claims for decedent's RETIREMENT benefits INTER-VIVOS gifts, even to charity, if made within 1 year of testator's death for more than $10k POST-marriage jointly held property (real or personal) and bank accounts to the extent that spouse furnished consideration collect assets in TOTTEN trust accounts (payable-on-death)

Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com

CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship


Input: a principle illustrating that consumers demand different amounts at every price, causing the demand curve to shift to the left or right [demand]

Output: change in demand


Input: a movement along the demand curve showing that a different quantity is purchased in response to a change in price [demand]

Output: change in quantity demanded


Input: the field of economics that deals with behavior and decision making by individuals and firms [demand]

Output: Microeconomics


Input: a statement that more will be demanded at a lower price and less at higher prices [demand]

Output: Law of Demand


Input: a principle illustrating that a given change in price causes a relatively large change in the quantity demanded [demand]

Output: elastic demand


Input: a listing in a table that shows the quantity demanded at all possible prices in the market at a given time [demand]

Output: Demand Schedule


Input: a graph that shows the quantity demanded at all possible prices in the market at a given time [demand]

Output: Demand Curve


Input: a production cost that does not change as total business output changes [demand]

Output: Fixed Cost


Input: a decision making that compares the additional costs with the additional benefits of an action [demand]

Output: Marginal Analysis


Input: associated with stage II of production [demand]

Output: Diminishing Returns


Input: production cost that changes when output changes [demand]

Output: Variable Cost


Input: graphical representation of the theory of production [demand]

Output: production function


Input: the additional output produced when one additional unit is added. [demand]

Output: marginal product


Input: change in total revenue from the sale of one additional unit of output [demand]

Output: marginal revenue


Input: the gradual wearing out of capital goods [demand]

Output: depreciation


Input: the sum of variable and fixed costs [demand]

Output: total cost


Input: when marginal revenue equals marginal cost [demand]

Output: profit-maximizing


Input: total output produced by a firm [demand]

Output: total product


Input: total fixed costs [demand]

Output: overhead


Input: grea pools of water trapped in sand and gravel 50-500 ft below the surface [Potable water]

Output: aquifers

Chem The water we drink Flashcards - Cram.com


Input: water from lakes, rivers, and reservoirs [Potable water]

Output: surface water

Chem The water we drink Flashcards - Cram.com


Input: water pumped from wells that have been drilled into underground aquifers [Potable water]

Output: ground water

Chem The water we drink Flashcards - Cram.com


Input: a substance capable of disolving other substances [Potable water]

Output: solvent

Chem The water we drink Flashcards - Cram.com


Input: substances that dissolve in a solvent [Potable water]

Output: solutes

Chem The water we drink Flashcards - Cram.com


Input: a homogeneous mixture of uniform composition [Potable water]

Output: solution

Chem The water we drink Flashcards - Cram.com


Input: solutions in which water is the solvent [Potable water]

Output: aqueous solutions

Chem The water we drink Flashcards - Cram.com


Input: a naturally occurring element or compound that usually has a definite chemical composition, a crystalline structure, and is formed as a result of geological processes [Potable water]

Output: mineral

Chem The water we drink Flashcards - Cram.com


Input: the ratio of amount of solute to amount of solution [Potable water]

Output: concentration

Chem The water we drink Flashcards - Cram.com


Input: parts per hundred [Potable water]

Output: percent

Chem The water we drink Flashcards - Cram.com


Input: 1 part per million [Potable water]

Output: parts per million (ppm)

Chem The water we drink Flashcards - Cram.com


Input: the volume occupied by 1000g of water at 4 °C [Potable water]

Output: liter (L)

Chem The water we drink Flashcards - Cram.com


Input: ppb, 1 part per billion [Potable water]

Output: parts per billion

Chem The water we drink Flashcards - Cram.com


Input: the number of moles of solute present in one liter of solution [Potable water]

Output: Molarity (M)

Chem The water we drink Flashcards - Cram.com


Input: a type of glassware that contains a precise amount of solution when filled to the mark on its neck [Potable water]

Output: volumetric flask

Chem The water we drink Flashcards - Cram.com


Input: a measure of an atom's attraction for the electrons it shares in a covalent bond [Potable water]

Output: electronegativity (EN)

Chem The water we drink Flashcards - Cram.com


Input: a covalent bond in which the electrons are not equally shared, but rather displaced toward the more electronegative atom [Potable water]

Output: polar covalent bond

Chem The water we drink Flashcards - Cram.com


Input: a force that exists within a molecule [Potable water]

Output: intromolecular force

Chem The water we drink Flashcards - Cram.com


Input: a force that occurs between molecules [Potable water]

Output: intermolecular force

Chem The water we drink Flashcards - Cram.com


Input: electrostatic attractions between a hydrogen atom bearing a partial positive charge in one molecule and an O,N, or F atom bearing a partial negative charge in a neighvoring molecule [Potable water]

Output: hydrogen bond

Chem The water we drink Flashcards - Cram.com


Input: the ratio of mass per unit volume [Potable water]

Output: density

Chem The water we drink Flashcards - Cram.com


Input: the quantity of heat energy that must be absorbed to increase the teperature of 1g of a substance by 1°C [Potable water]

Output: specific heat

Chem The water we drink Flashcards - Cram.com


Input: an apparatus that produces a signal to indicate that electricity is being conducted [Potable water]

Output: conductivity meter

Chem The water we drink Flashcards - Cram.com


Input: a nonconducting solute when in aqueous solution [Potable water]

Output: nonelectrolyte

Chem The water we drink Flashcards - Cram.com


Input: conducting solutes in aqueous solution [Potable water]

Output: electrolytes

Chem The water we drink Flashcards - Cram.com


Input: an atom or group of atoms that has acquired a net electric charge as a result of gaining or losing one or more electrons [Potable water]

Output: ion

Chem The water we drink Flashcards - Cram.com


Input: a positively charged ion [Potable water]

Output: cation

Chem The water we drink Flashcards - Cram.com


Input: a negatively charged ion [Potable water]

Output: anion

Chem The water we drink Flashcards - Cram.com


Input: a chemical bond formed by the attraction between oppositely charged ions [Potable water]

Output: ionic bond

Chem The water we drink Flashcards - Cram.com


Input: made up of electrically charged ions that are present in fixed proportions and are arranged in a regular, geometric pattern [Potable water]

Output: ionic compounds

Chem The water we drink Flashcards - Cram.com


Input: ten to form cations by lossing their valence electrons [Potable water]

Output: metals

Chem The water we drink Flashcards - Cram.com


Input: gain electrons to form anions [Potable water]

Output: nonmetals

Chem The water we drink Flashcards - Cram.com


Input: ions that are made up of two or more atoms covalently bound together [Potable water]

Output: polyatomic ions

Chem The water we drink Flashcards - Cram.com


Input: a commpound capable of causing cancer [Potable water]

Output: carcinogen

Chem The water we drink Flashcards - Cram.com


Input: the maximum level of a contaminate in drinking water at which no known or anticipated adverse effect on the health of persons would occure [Potable water]

Output: maximum contaminant level goal (MCLG)

Chem The water we drink Flashcards - Cram.com


Input: sets the legal limit for the concentration of a contaminant [Potable water]

Output: maximum contaminant level (MCL)

Chem The water we drink Flashcards - Cram.com


Input: a graph that is made by carefully measuring the absorbancies of several solutions of known concentration for the species being analyzed [Potable water]

Output: Calibration graph

Chem The water we drink Flashcards - Cram.com


Input: a broad general term describing any process that removes ions from salty water [Potable water]

Output: desalination

Chem The water we drink Flashcards - Cram.com


Input: a separation process in which a solution is heated to the boiling poin and the vapors are condensed and collected [Potable water]

Output: distillation

Chem The water we drink Flashcards - Cram.com


Input: the natural tendency for a solvent to move through a membrane from a region of higher solvent concentration to a region of lower solvent concentration [Potable water]

Output: osmosis

Chem The water we drink Flashcards - Cram.com


Input: using pressure to force the movement of a solvent through a semipermeable membrane from a region of high solute concentration to a region of lower solute concentration [Potable water]

Output: reverse osmosis

Chem The water we drink Flashcards - Cram.com


Input: Nonfeasance generally

Output: No duy to act rule: a person owes another no duty to take active or affirmative steps to act for another's protection. A ∆ is subject to liability for misfeasnce, but rarely for nonfeasance

Yes... if a statute requires you to do something (landlord maintains a door locks on an apartment)


Input: Misfeasance generally

Output: When something that might be done lawfully is done unlawfully.

Yes... if a statute requires you to do something (landlord maintains a door locks on an apartment)


Input: Basic principle of legal responsibility

Output: that individuals should be responsible for their own actions and should not be liable for others’ independent misconduct. There is no case suggesting that an adult encouraging another adult to engage in a dangerous activity can give rise to a legal duty

Yes... if a statute requires you to do something (landlord maintains a door locks on an apartment)


Input: If you commit a tort or innocent act, and you KNOW it has harmed another, do you have a duty to act?

Output: Yes. Podias v. Mairs: driver had a duty to summon help for the person he hit

Yes... if a statute requires you to do something (landlord maintains a door locks on an apartment)


Input: If you innocently create an unreasonable risk of harm, is there a duty to prevent harm from happening?

Output: Yes... if a statute requires you to do something (landlord maintains a door locks on an apartment)

Yes... if a statute requires you to do something (landlord maintains a door locks on an apartment)


Input: Reliance on services in nonfeasance

Output: One who voluntarily undertakes to render services to another is liable for bodily harm caused by his failure to perform such services with due care or with such competence and skill as he possesses. In this case, changing the girl’s shirt and cleaning up her vomit showed a voluntary undertaking

Yes... if a statute requires you to do something (landlord maintains a door locks on an apartment)


Input: Restatement position on providing services to another

Output: an actor who undertakes to render services to another, when the actor knows/should know that those services will reduce the risk of harm to the other, has a duty to use reasonable care in rendering those services if the failure to exercise care would increase the risk of harm beyond which would have eisted without the undertaking; or if the other person relies on the actor’s using reasonable care in the undertaking

Yes... if a statute requires you to do something (landlord maintains a door locks on an apartment)


Input: Preventing another person from helping another

Output: Farwell v. Keaton: driving around with his beaten friend in the car showed a special relationship, voluntary undertaking of care, preventing to get him help from others, and making the situation worse

Yes... if a statute requires you to do something (landlord maintains a door locks on an apartment)


Input: Is liability imposed when someone makes matters worse in case on nonfeasance

Output: o ex: Restatement (3): when D discontinues aid, liability is imposed If D, by acting unreasonably, has left the victim in a worse situation than before D took charge

Yes... if a statute requires you to do something (landlord maintains a door locks on an apartment)


Input: What are the special relationships in which one has a duty to act?

Output: o carrier-passenger o innkeeper-guest o landowner-lawful entrant o employer-employee o school-student o landlord-tenant o custodian-custody

Yes... if a statute requires you to do something (landlord maintains a door locks on an apartment)


Input: Can due process be extended to to impose an affirmative obligation on the State to ensure those interests do not come to harm?

Output: No it cannot... think of social workers. They should not be held liable for not taking a child out of an abusive household

Yes... if a statute requires you to do something (landlord maintains a door locks on an apartment)


Input: epithelial pit and then a lactiferous duct

Output: what forms from the downgrowth of skin when forming breast tissue?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: a line down the body where accessory nipples may develop

Output: what is the milk line

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: keratocytes - produce keratin melanocytes: produce melanin

Output: what 2 cells are found in the epidermis?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: sweat gland hair follicle sebacious gland apocrine gland

Output: what could a downgrowth of skin turn into?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: sweat gland

Output: which type of gland is modified to make breast tisuse

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: a baby can recognise the nipple

Output: why is the skin colour of the nipple important?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: lumen with cells lining it mypoepithelial cells around the outside

Output: describe a typical sweat gland

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: lactiferous duct is stratified columnar cells also has myoepithelial cells around it

Output: what is the difference between a sweat gland and a lactiferous duct

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: 2nd - 6th ribs over pec major 12 - 20 lobes, with lobules each lobe has lactiferous duct which opens into a ring septa between lobes

Output: describe the anatomy of the breast`

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: septa

Output: what separates the lobes of a breast?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: Coopers suspensory ligaments fibrocollagenous bands

Output: how are septa attached to the skin?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: an extralobular duct coming from a lactiferous dinus

Output: what is a mammary duct?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: lactiferous duct, lactiferous sinus/ampulla, mamaary duct (extralobular duct), terminal intralobular duct, terminal ductule

Output: describe, from out to in, the different ducts of the breasts

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: terminal ductules at pregnancy

Output: which ducts transform into alveoli during and when do they do this?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: an area of pigmentation sebacious glands raised area pressure receptors

Output: describe the areola

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: muscle bundles

Output: what surrounds lactiferous ducts / sinuses?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: 12 - 20

Output: how many lobes in a breast?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: simple ductal system no alveoli similar in males and females develops ductal system in 3rd trimester

Output: describe breast tissue in an infant / neonate?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: influence of oestrogen and progesteorne increase in fat and collagenous tisuse branching of ductal system

Output: describe breast tissue in puberty

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: subject to high hormone levels grows and retracts may influence risk of breats cancer

Output: what happens to fetal breast tissue?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: breast tissue between babies or at menopause

Output: what is resting breast tissue?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: increase in size and tenderness premenstrually

Output: what are the cyclic changes a womann may experience in brast tissue?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: yes

Output: do males get a ductal system?


Input: keratin plug

Output: what is found in the lumen of an adult breast?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: proteinacious sercretion and cellular debris

Output: what does the lactiferous duct usualyl contain?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: maintains endothelium prevents ovulation stimulates breast development inhibits immune rejection of embryo

Output: what is the role of progesterone in pregnancy?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: relaxation of pubis symphysis proliferation of breast role in partuirition - E/P ratio

Output: what is the role of estrogens in pregnancy

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: switch from ductule to alveolar system secretion distends alveolar lumen oestrogen, progesterone and prolacting all affect tissue vacuoles and fat droplets form increase in vascularity increasing lipid rich protein secretions - not true milk

Output: descrive breast tissue in pregnancy?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: lumen distended iwth secretion more complex and branched secretory

Output: what is the difference between alveoli and terminal ductules?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: pink

Output: in osmium tetraoxide, what colour is protein?


Input: black

Output: in osmium tetraoxide, what colour is fat?


Input: by SER passes in membrane bound droplets pinched off, released into lumen as droplet

Output: how is fat synthesized and secreted?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: exocytosis - as free protein

Output: how is protein released?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: prolacting

Output: which receptors must be activated for milk secretion to occur?


Input: alveoli still distinguisable evidence of atrophy hypoxia of alveoli has caused involution - return to ductal system

Output: what are the characteristics of resting breast

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: drop in oestrogen and progesterone

Output: what hormone level change causes lactation to occur?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: become enlarged

Output: what happens to alveoli when they begin to lactate?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: baby orders next meal when suckling stimulates ant. pituitary to release prolacting acts on cells to increase milk production

Output: describe the suckling reflex?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: let down reflex suckling stimulates oxytocin production from hypothalamu and release from pituitary stimulate muscle contraction - peristalsis

Output: what is the milk ejection reflex?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: sucking when lactation established, can be just baby's cry

Output: what stimulates the milk ejection reflex?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: anxiety / stress

Output: what is the MER turned down by?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: breast milk in 1st week high protein content high IgG content high levels of fat soluble vitamins

Output: describe colustrum

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: 2nd and 3rd week higher calories less IgG fat and protein lactose water soluble vitamins

Output: describe transitional millk

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: high water, fat and carbohydrate lactose vitamins A and D

Output: describe mature milke

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: encourages lactobacillus - decrease pathogenic bacteria galactose: for myelin sheath

Output: what is lactose important for?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: secretory IgA (most) IgG

Output: what imunoglobulins are in breast milk?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: protection agains otitis media, sepsis, meningitis, Gi and respiratory infections, allergies secretory IgA: antiviral, antibiotic, antigenic inhibition

Output: what is the immunological advantage of breast feeing?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: antiviral antibiotic antigenic inhibition

Output: what are the functions of IgA

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: when baby senses nutrional environment affects metabolic programming mismatch can cause CV risk

Output: what is nutrient sensing?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: immunological nutrient sensing psychosocial

Output: what are the three main advantages of breast feeding?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: 1) drugs and alcohol passed on 2) diseases eg AIDS 3) jaundice from breast milk 4) mothers aversion / physical / mental state

Output: describe disadvantages of breast feeding?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: social, clingy, need for contact, warmth, comfort and food

Output: describe post partuiritional behaviour?

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: gradual gain of independance

Output: what is weaning behaviour

Development of Mammary Gland Flashcards - Cram.com

describe the breast as a modified tissue


Input: nesting

Output: what is gestational preparatory behaviour:


Input: What are the major factors of production?

Output: Resource inputs used to produce goods and services Four Types: Land Labor Capital Entrepreneurship

ECON 201 Micro Economics Test Chapter 1 Flashcards - Cram.com

What to produce? How to produce it? For whom to produce it?


Input: Define and Explain Opportunity cost?

Output: The next most desired goods and services foregone to obtain something else "Giving up one asset or resource in order to produce another"

ECON 201 Micro Economics Test Chapter 1 Flashcards - Cram.com

What to produce? How to produce it? For whom to produce it?


Input: Define an economy's production possibilities.

Output: The alternative combinations of final goods and services that could be produced in a given time period with all available resources and technology

ECON 201 Micro Economics Test Chapter 1 Flashcards - Cram.com

What to produce? How to produce it? For whom to produce it?


Input: What are the implications of Scarcity?

Output: Lack of enough resources to satisfy all desired uses of those resources "limit to economic output"

ECON 201 Micro Economics Test Chapter 1 Flashcards - Cram.com

What to produce? How to produce it? For whom to produce it?


Input: Why do Opp cost increase with greater production.

Output: Difficulty shift resources and different mixes/ intensities of resources.

ECON 201 Micro Economics Test Chapter 1 Flashcards - Cram.com

What to produce? How to produce it? For whom to produce it?


Input: Define inefficiency and efficiency.

Output: Efficiency: Maximum output of a good from the resources used in production Inefficiency: a sub optimal combination of output <100%

ECON 201 Micro Economics Test Chapter 1 Flashcards - Cram.com

What to produce? How to produce it? For whom to produce it?


Input: Define Economic Growth and economic decline.

Output: Econ Growth: Is an increase in production possibilities due to increases in resources. Econ decline: Is an decrease in production possibilities due to disease, natural disasters, war.

ECON 201 Micro Economics Test Chapter 1 Flashcards - Cram.com

What to produce? How to produce it? For whom to produce it?