Input: a salesperson going directly to the consumers home [Retailing]

Output: door to door selling

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: new types of retailers enter the market as low-status, low margin, low price operators and then if successful, evolve into more conventional retailers offering more services with higher costs and prices [Retailing]

Output: wheel of retailing theory

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: carrying any product lines they think they can sell profitably [Retailing]

Output: scrambled merchandising

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: a firm that owns and manages more than one store [Retailing]

Output: corporate chain

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: retailer sponsored groups- formed by independent retailers- that run their own buying organizations and conduct joint promotion efforts [Retailing]

Output: cooperative chains

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: wholesaler sponsored groups that work with "independent" retailers [Retailing]

Output: Voluntary chains

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: the franchisor develops a good marketing strategy, and the retail franchise holders carry out the strategy in their own units [Retailing]

Output: franchise operation

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: concerned with the activities of those persons or establishments that sell to retailers and other merchants, or to institutional, industrial, and commercial users, but do not sell in large amounts to final users [Retailing]

Output: wholesaling

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: firms whose main function is providing wholesaling activities [Retailing]

Output: wholesalers

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: warehouses that producers set up at separate locations away from their factories [Retailing]

Output: manufacturers' sales branches

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: own the products they sell [Retailing]

Output: merchant wholesalers can be service or limited-function

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: merchant wholesalers that provide all the wholesaling functions [Retailing]

Output: service wholesalers General Single line or general line specialty

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: service wholesalers that carry a wide variety of nonperishable items such as hardware, electrical supplies, furniture, drugs, drugs, cosmetics, and automobile equipment [Retailing]

Output: General merchandise wholesalers

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: service wholesalers that carry a narrower line of merchandise than general merchandise wholesalers [Retailing]

Output: Single-line or General-line wholesalers

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: service wholesalers that carry a very narrow range of products and offer more information and service than other service wholesalers [Retailing]

Output: Specialty wholesalers

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: provide only some of the wholesaling functions [Retailing]

Output: Limited-function wholesalers cash and carry wholesalers drop shippers truck wholesalers rack jobbers catalog wholesalers

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: operate like service wholesalers- except that the customer must pay cash [Retailing]

Output: cash and carry wholesalers

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: own the products they sell- but they do not actually handle, stock, or deliver them [Retailing]

Output: drop shippers

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: specialize in delivering products that they stock in their own trucks [Retailing]

Output: truck wholesalers

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: specialize in hard to handle assortments of products that a retailer doesnt want to manage- and they usually display the products on their own wire racks [Retailing]

Output: rack jobbers

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: sell out of catalogs that may be distributed widely to smaller industrial customers or retailers that might not be called on by other wholesalers [Retailing]

Output: catalog wholesalers

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: wholesalers who do not own the products they sell [Retailing]

Output: agent wholesalers

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: sells similar products for several noncompeting producers- for a commission on what is actually sold [Retailing]

Output: manufacturers' agent

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: basically manufacturers' agents who specialize in international trade [Retailing]

Output: export or import agents

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: bring buyers and sellers together [Retailing]

Output: brokers

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: operate like other brokers, but they specialize in bringing together buyers and sellers from different countries [Retailing]

Output: export and import brokers

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: take over the whole marketing job of producers, not just the selling function [Retailing]

Output: selling agents

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: a blend of manufacturers' agents and selling agent- handling the entire export function for several producers of similar but noncompeting lines [Retailing]

Output: combination export manager

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: provide a place where buyers and sellers can come together and bid to complete a transaction [Retailing]

Output: Auction companies

Basic Marketing Ch. 13 Key Terms Flashcards - Cram.com


Input: [What is capital budgeting?] What is a cash flow? [how to spend capital]

Output: - any cash in or cash flow out -most difficult part of the project

Finance Exam 3 Chapter 11 Flashcards - Cram.com


Input: [What is capital budgeting?] Should overhead cost be incorporated? [how to spend capital]

Output: -only if they change when introducing a new project -and if they are truly incremental

Finance Exam 3 Chapter 11 Flashcards - Cram.com


Input: [What is capital budgeting?] What kind of finance costs should be ignored? [how to spend capital]

Output: interest expense

Finance Exam 3 Chapter 11 Flashcards - Cram.com


Input: [What is capital budgeting?] How do most firms make money? [how to spend capital]

Output: not by selling investments -make money by charging client fees -producing products to make money

Finance Exam 3 Chapter 11 Flashcards - Cram.com


Input: [What is capital budgeting?] How is depreciable value calculated? [how to spend capital]

Output: purchase price + shipping and installation charges

Finance Exam 3 Chapter 11 Flashcards - Cram.com


Input: [What is capital budgeting?] What do we do with salvage value? [how to spend capital]

Output: Since using tax accounting you do not subtract salve value

Finance Exam 3 Chapter 11 Flashcards - Cram.com


Input: [What is capital budgeting?] How do you calculate book value? [how to spend capital]

Output: initial cost of machine - accumulated depreciation

Finance Exam 3 Chapter 11 Flashcards - Cram.com


Input: [What is capital budgeting?] What constitutes a capital gain? [how to spend capital]

Output: if sale price is larger than book value

Finance Exam 3 Chapter 11 Flashcards - Cram.com


Input: [What is capital budgeting?] What constitutes a capital loss? [how to spend capital]

Output: if the sale price is less than book value

Finance Exam 3 Chapter 11 Flashcards - Cram.com


Input: [What is capital budgeting?] What is another term for a project? [how to spend capital]

Output: a investment or a long term asset

Finance Exam 3 Chapter 11 Flashcards - Cram.com


Input: [What is capital budgeting?] 4 reasons for importance of Capital Budgeting? [how to spend capital]

Output: -Increase shareholder wealth -Bad Investment could cost the company -Budgeting Process- Short Term -Sufficient Money in the long term

Finance Exam 3 Chapter 11 Flashcards - Cram.com


Input: [opportunity cost] Economic goods

Output: goods that are scarce and therefore have an opportunity cost

Markets and market failure - The economic problem Flashcards - Cram.com

the next best alternative given up when an economic decision is made. NB - only the next one NOT a range of alternatives


Input: [opportunity cost] free goods

Output: goods that have no opportunity cost, for example air.

Markets and market failure - The economic problem Flashcards - Cram.com

the next best alternative given up when an economic decision is made. NB - only the next one NOT a range of alternatives


Input: [opportunity cost] factor market

Output: the market for the factors of production that make other goods and services such as labour or raw materials

Markets and market failure - The economic problem Flashcards - Cram.com

the next best alternative given up when an economic decision is made. NB - only the next one NOT a range of alternatives


Input: [opportunity cost] renewable resources

Output: resources that are able to be replenished over time, whereas non-renewables such as oil and gas are likely to run out

Markets and market failure - The economic problem Flashcards - Cram.com

the next best alternative given up when an economic decision is made. NB - only the next one NOT a range of alternatives


Input: [opportunity cost] profit

Output: when total income or revenue for a firm is greater than total costs

Markets and market failure - The economic problem Flashcards - Cram.com

the next best alternative given up when an economic decision is made. NB - only the next one NOT a range of alternatives


Input: [opportunity cost] free market economy

Output: one in which there is very limited government involvement in providing goods and services

Markets and market failure - The economic problem Flashcards - Cram.com

the next best alternative given up when an economic decision is made. NB - only the next one NOT a range of alternatives


Input: [opportunity cost] production possibility boundary

Output: the PPB indicates the maximum possible output that can be achieved given a fixed set of resources and technology in a particular time period

Markets and market failure - The economic problem Flashcards - Cram.com

the next best alternative given up when an economic decision is made. NB - only the next one NOT a range of alternatives


Input: [opportunity cost] productive efficiency

Output: when a firm operates at minimum average total cost, producting the maximum possible output from inputs into the production process

Markets and market failure - The economic problem Flashcards - Cram.com

the next best alternative given up when an economic decision is made. NB - only the next one NOT a range of alternatives


Input: [opportunity cost] allocative efficiency

Output: this is achieved in an economy when it is not possible to make anyone better off without making someone worse off, or you cannot produce more of one good without making less of another

Markets and market failure - The economic problem Flashcards - Cram.com

the next best alternative given up when an economic decision is made. NB - only the next one NOT a range of alternatives


Input: [opportunity cost] productivity

Output: a measure of efficiency, measuring the ratio of inputs to outputs; the most common measure is labour productivity, which is the output per worker

Markets and market failure - The economic problem Flashcards - Cram.com

the next best alternative given up when an economic decision is made. NB - only the next one NOT a range of alternatives


Input: [opportunity cost] human capital

Output: the skills, abilities, motivation and knowledge of labour, improvements in human capital raise productivity and can shift the PPB to the right.

Markets and market failure - The economic problem Flashcards - Cram.com

the next best alternative given up when an economic decision is made. NB - only the next one NOT a range of alternatives


Input: [opportunity cost] division of labour

Output: breaking the production process down into a sequence of tasks, with workers assigned to particular tasks

Markets and market failure - The economic problem Flashcards - Cram.com

the next best alternative given up when an economic decision is made. NB - only the next one NOT a range of alternatives


Input: [opportunity cost] specialisation

Output: the production of a limited range of goods by an individual factor of production or firm or country, in cooperation with others so that together a complete range of goods is produced.

Markets and market failure - The economic problem Flashcards - Cram.com

the next best alternative given up when an economic decision is made. NB - only the next one NOT a range of alternatives


Input: [opportunity cost] value judgements

Output: statements or opinions expressed that are not testable or cannot be verified and depend very much on the views of the individual and the values they hold.

Markets and market failure - The economic problem Flashcards - Cram.com

the next best alternative given up when an economic decision is made. NB - only the next one NOT a range of alternatives


Input: [opportunity cost] normative statements

Output: opinions that require value judgements to be made

Markets and market failure - The economic problem Flashcards - Cram.com

the next best alternative given up when an economic decision is made. NB - only the next one NOT a range of alternatives


Input: [opportunity cost] positive statements

Output: statements that can be tested against real world data

Markets and market failure - The economic problem Flashcards - Cram.com

the next best alternative given up when an economic decision is made. NB - only the next one NOT a range of alternatives


Input: [Potable water] aquifers

Output: grea pools of water trapped in sand and gravel 50-500 ft below the surface

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] surface water

Output: water from lakes, rivers, and reservoirs

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] ground water

Output: water pumped from wells that have been drilled into underground aquifers

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] solvent

Output: a substance capable of disolving other substances

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] solutes

Output: substances that dissolve in a solvent

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] solution

Output: a homogeneous mixture of uniform composition

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] aqueous solutions

Output: solutions in which water is the solvent

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] mineral

Output: 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

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] concentration

Output: the ratio of amount of solute to amount of solution

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] percent

Output: parts per hundred

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] parts per million (ppm)

Output: 1 part per million

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] liter (L)

Output: the volume occupied by 1000g of water at 4 °C

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] parts per billion

Output: ppb, 1 part per billion

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] Molarity (M)

Output: the number of moles of solute present in one liter of solution

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] volumetric flask

Output: a type of glassware that contains a precise amount of solution when filled to the mark on its neck

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] electronegativity (EN)

Output: a measure of an atom's attraction for the electrons it shares in a covalent bond

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] polar covalent bond

Output: a covalent bond in which the electrons are not equally shared, but rather displaced toward the more electronegative atom

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] intromolecular force

Output: a force that exists within a molecule

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] intermolecular force

Output: a force that occurs between molecules

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] hydrogen bond

Output: 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

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] density

Output: the ratio of mass per unit volume

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] specific heat

Output: the quantity of heat energy that must be absorbed to increase the teperature of 1g of a substance by 1°C

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] conductivity meter

Output: an apparatus that produces a signal to indicate that electricity is being conducted

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] nonelectrolyte

Output: a nonconducting solute when in aqueous solution

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] electrolytes

Output: conducting solutes in aqueous solution

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] ion

Output: an atom or group of atoms that has acquired a net electric charge as a result of gaining or losing one or more electrons

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] cation

Output: a positively charged ion

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] anion

Output: a negatively charged ion

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] ionic bond

Output: a chemical bond formed by the attraction between oppositely charged ions

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] ionic compounds

Output: made up of electrically charged ions that are present in fixed proportions and are arranged in a regular, geometric pattern

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] metals

Output: ten to form cations by lossing their valence electrons

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] nonmetals

Output: gain electrons to form anions

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] polyatomic ions

Output: ions that are made up of two or more atoms covalently bound together

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] carcinogen

Output: a commpound capable of causing cancer

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] maximum contaminant level goal (MCLG)

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

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] maximum contaminant level (MCL)

Output: sets the legal limit for the concentration of a contaminant

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] Calibration graph

Output: a graph that is made by carefully measuring the absorbancies of several solutions of known concentration for the species being analyzed

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] desalination

Output: a broad general term describing any process that removes ions from salty water

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] distillation

Output: a separation process in which a solution is heated to the boiling poin and the vapors are condensed and collected

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] osmosis

Output: 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

Chem The water we drink Flashcards - Cram.com


Input: [Potable water] reverse osmosis

Output: 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

Chem The water we drink Flashcards - Cram.com


Input: Agency - Creation Creating an agency relationship is as easy as ABCD.

Output: ASSENT (usually requires mutuality) BENEFIT conferred upon principal CONTROL of agent by principal DURING and within scope of agent's employment

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - Personal Jurisdiction acrostic My Parents Frequently Forgot to Read Children's Stories

Output: minimum contacts purposeful availment foreseeable defendant fair play and substantial justice relatedness of contact convenience state's interest

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - elements of Collateral Estoppel if I PAWN something, I am precluded from taking issue if it gets sold. IDENTICAL issue PARTY to the first proceeding (BUT mutuality considered) ACTUALLY litigated in first proceeding WAIVED assertion rights by failing to litigate in prior proceeding (with full and fair opportunity) NECESSARY to the outcome

Output: IDENTICAL PARTY ACTUALLY WAIVED NECESSARY

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - Minimum Contacts, Fair Play & Substantial Justice minimal contact with PELICANS does not make you Best Friends PURPOSEFUL availment - Hanson v. Denckla EVIDENCE – location of witnesses and evidence LAW - choice of law (forum shopping?) INITIATION - did D initiate contact with forum state? CAUSE of action - where did cause of action arise? ALTERNATIVE forum available? fair & convenient? NATURE & quality of activities - systematic vs. sporadic, direct vs. indirect, dangerous activity? STATE's interest in providing a forum for its residents and protecting health & safety concerns BURDEN of parties - economic cost, risk of multiplicity of suits, relative burden on defendant FORESEEABILITY - WW Volkswagen (likely they'd be “haled into court”)

Output: PURPOSEFUL EVIDENCE LAW INITIATION CAUSE ALTERNATIVE NATURE STATE'S BURDEN FORESEEABILITY

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - Challenging The Complaint Defendant PICT VALID reasons to challenge the complaint. motion for judgment on the PLEADINGS INSUFFICIENCY of process (motion to dismiss) failure to state a CLAIM (motion to dismiss) no TRIABLE issue of material fact exists as a matter of law (motion for summary judgment) improper VENUE (motion to transfer) ALLEGATIONS that are irrelevant, impertinent, scandalous (motion to strike) LACK of jurisdiction over subject matter or person (motion to dismiss) failure to join INDISPENSABLE party (motion to dismiss) motion for more DEFINITE statement of claim against defendant

Output: PLEADINGS INSUFFICIENCY CLAIM TRIABLE VENUE ALLEGATIONS LACK INDISPENSABLE DEFINITE

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - Requirements for Certification of Class Action DECANT vintage 23(b) before you pour it into a class. roughly DEFINABLE class of which P is a member judicial ECONOMY served claims have COMMON legal theory or arise out of same transaction or occurrence named parties must ADEQUATELY represent class potential Ps too NUMEROUS for joinder claim of named P must be TYPICAL of the class 23 B - action must fall within one of three categories of FRCP 23 (b)

Output: DEFINABLE ECONOMY COMMONALITY ADEQUACY NUMEROSITY TYPICALITY 23(b)

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - Discovery Devices DADIES discover what you don't want them to know. depositions (written or oral) admissions of facts documents related to cause of action (if for good cause) interrogatories examination (mental or physical) subpoena (duces tecum)

Output: DEPOSITIONS ADMISSIONS DOCUMENTS INTERROGATORIES EXAMINATIONS SUBPOENAS

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - basic jurisdictional requirements The due process clause requires you to MOP up before jurisdiction can be asserted minimum contact with the state opportunity for defendant to be heard proper service of process upon defendant

Output: MINIMUM contacts OPPORTUNITY PROPER service

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - jurisdiction over corporations To obtain independent personal jurisdiction over defendant corporation, DIAL DC defendant is a domiciliary in-state service on a non-domiciliary agent of corporation served (must be designated) long-arm jurisdiction over non-domiciliary doing business in-state consent to state's jurisdiction by defendant

Output: DOMICILIARY IN-STATE service AGENT LONG-ARM DOING business CONSENT

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - long-arm jurisdiction over tortious conduct long-arm jurisdiction extends to non-resident tortious DEER derives substantial revenues from goods used/consumed or services rendered in-state engages in persistent course of conduct in-state expects (or reasonably should expect) that tortious acts would have consequences in-state AND defendant derives substantial revenues from interstate/int'l business regularly solicits in-state business

Output: DERIVES revenue ENGAGES in conduct EXPECTS consequences REGULARLY solicits

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - jurisdiction over matrimonial action When DADA doesn't live in-state, mama can still seek maintenance and child support state was most recent marital DOMICILE of parties ABANDONMENT took place in-state claim for support accrued under state DECREE or law parties executed a separation AGREEMENT in-state

Output: DOMICILE ABANDONMENT DECREE separation AGREEMENT

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - Consent To Jurisdiction That lawyer SCAMS defendants into consenting to jurisdiction. STIPULATE in open court, pleading, contract or letter assert unrelated CAUSE of action in answer serve an ANSWER that fails to raise JX objection or claiming improper service while failing to move for summary judgment MOTION to dismiss that fails to raise JX objection motion for SUMMARY judgment on related cause of action (seeking affirmative relief in-state)

Output: STIPULATE CAUSE ANSWER MOTION SUMMARY

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - sufficiency of Service of Process MIC is SAD because he was properly served with process. MAILING process to defendant who must then consent to such service IN-HAND personal delivery to the named defendant COURT authorized method of service of process delivered to person of SUITABLE age & discretion at last known address (then mail copy & file) AGENT service due DILIGENCE (nail, mail & file)

Output: MAILING IN-HAND COURT SUITABLE AGENT DILIGENCe

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - Service on Corporations DOGMA dictates who to serve process on a corporation.

Output: DIRECTOR OFFICER GENERAL Agent (e.g. cashier) MANAGEMENT AGENT authorized by corporation, whether expressly, impliedly or by estoppel

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - Motion To Vacate Default Judgement It takes 1 REAM of paper to get a default judgment vacated.

Output: 1 year to file motion REASONABLE EXCUSE for default AFFIDAVIT of MERIT setting forth meritorious defense to plaintiff's claim that shows how plaintiff won't be unreasonably prejudiced by re-opening the case

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - Joinder of Parties on the basis of Vicarious Liability A POPE is held liable for the acts of others.

Output: AGENT PRINCIPAL OWNER of property PARTNER EMPLOYEE

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - claims not barred by tolling under Statute of Limitations The claim WAS time-barred but plaintiff LOPED into court anyway. WRITTEN acknowledgment by defendant of a time-barred valid debt AMENDMENT of pleading to add a time-barred claim SOLDIER and SAILOR relief act parties agree to LENGTHEN the timeframe OBTAINING personal jurisdiction over an out-of-state defendant who would not consent to service of process partial PAYMENT by defendant of a time-barred valid debt EQUITABLE estoppel DISABILITY or DEATH of plaintiff

Output: WRITTEN AMENDMENT SOLDIER/SAILOR LENGTHEN OBTAINING PAYMENT EQUITABLE DISABILITY/DEATH

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - reasons to grant Motion to Dismiss In SIDEBAR, Plaintiff Finally admitted the claim should be dismissed. STATUTE of Frauds INFANCY or incompetency subject matter of claim DISCHARGED in bankruptcy proceeding ESTOPPEL (collateral estoppel or res judicata) claim BARRED by statute of limitations ARBITRATION and award RELEASE from claim by plaintiff PAYMENT by defendant FAILURE to state a claim upon which relief can be granted

Output: SoF INFANCY/INCOMPETENCY DISCHARGED ESTOPPEL BARRED ARBITRATION RELEASE PAYMENT FAILURE to state a claim

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - Provisional Remedies When a LIAR tells a LIE, the COP will FIND CJ because he's a SLOB. LIAR: LIS pendens preliminary INJUNCTION order of ATTACHMENT appointment of RECEIVER (harsh, requires bond) LIE: LIKELIHOOD of plaintiff's success IRREPARABLE injury ($ does not suffice) EQUITABLE balance of hardships COP: CLEAR & CONVINCING evidence of extraordinary circumstances and that plaintiff will succeed ORDER must be entered to be enforceable POST-seizure hearing required immediately afterwards if order was entered ex-parte FIND CJ: FOREIGN corporation INTENT to defraud creditors or frustrate enforcement of judgment NON-DOMICILIARY defendant DILIGENT efforts are not enough to serve domiciliary or resident CRIME victims are entitled to order of attachment when suing felon (Son of Sam law) cause of action is based upon default JUDGMENT from another jurisdiction that is entitled to full faith & credit SLOB: SHERIFF is not involved LIKELIHOOD of plaintiff's success not considered by court ORDER by court not required BOND does not need to be posted

Output: LIAR - the four provisional remedies LIE - reasons to grant preliminary injunction COP - procedural requirements FIND CJ - extraordinary circumstances needed to get order of attachment SLOB - lis pendens requirements

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - considerations of court in assigning Joint & Several Liability The judge uses WHIP And ROD to assign joint & several liability. WORKER'S compensation claims where employer is impleaded by defendant release of HAZARDOUS substance that results in harm to plaintiff INTENTIONAL tortfeasors remain 100% liable PROPERTY damage injuries caused by use, ownership or operation of AUTOMOBILE RECKLESS (grossly negligent) conduct causing injury OVER 50% responsible for plaintiff's injury wrongful DEATH judgments involving economic injuries

Output: WORKER'S HAZARDOUS INTENTIONAL PROPERTY AUTOMOBILE RECKLESS OVER 50% DEATH

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - Venue Venue is chosen with TLC, but if WASP MEN are on your land, you have to file locally. TLC: TRANSITORY action LOCAL action action to recover CHATTEL (replevin) WASP MEN: action for tort of WASTE ACTION involving leasehold SPECIFIC performance sought in real estate contract PARTITION of concurrent estates MORTGAGE foreclosure EJECTMENT action NUISANCE action

Output: TLC - types of action that determine venue WASP MEN - claims involving property rights generally must be filed locally

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - Discovery Devices the MAID must get PAID to discover evidence MENTAL exam request for ADMISSIONS written INTERROGATORIES DEPOSITIONS (aka "examination before trial") PHYSICAL exam demand for ADDRESSES INSPECTION of evidence DISCOVERY request for relevant evidence held by opposing party

Output: MENTAL ADMISSIONS INTERROGATORIES DEPOSITIONS PHYSICAL ADDRESSES INSPECTION DISCOVERY not held

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - Objections To Method of Inquisition Poorly phrased questions set off the BAC door ALARM. overly BROAD question AMBIGUOUS question COMPOUND question ARGUMENTATIVE badgering of witness LEADING question on direct exam ASSUMING fact not in evidence as part of question REDUNDANT question requiring cumulative response MISQUOTING prior statement by witness

Output: BROAD AMBIGUOUS COMPOUND ARGUMENTATIVE LEADING ASSUMING REDUNDANT MISQUOTE

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure - Sanctions during Discovery This Judge DRIPS hot wax as a sanction for misbehavior. order default JUDGMENT against defendant DISMISS action in favor of defendant force non-disclosing party to RESOLVE the issue causing non-disclosure IMPOSE attorney fees, costs of suit and fines PRECLUDE non-disclosing party from introducing related evidence STRIKE non-disclosing party's pleadings related to issues of non-discovery

Output: JUDGMENT DISMISSAL RESOLUTION IMPOSITION PRECLUSION STRIKE

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Civil Procedure Reasons Why An Arbitration Award May Be Vacated The arbitrator was BLAMED so his judgment was vacated. 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

Output: BIAS LACKED ARTICLES MISCONDUCT EXCEEDED DEMAND

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Commercial Paper Elements of Negotiability Rights of Holder in Due Course WOSSUPP! if WE FUC, you'll get DAFFIDILS. 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

Output: 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

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Constitutional Law - Limitations on Judicial Power a federal judge cannot SMAC or RAPE.

Output: STANDING MOOTNESS ABSTENTION for independent state grounds Case in CONTROVERSY RIPENESS ADVISORY opinion POLITICAL questions (republican form of government) ELEVENTH Amendment

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Constitutional Law - Limitations on Legislative Power As your congressman, I SWAP CAPITAL for DEFICIT.

Output: INSOLVENCY (Bankruptcy) - shared with states SPENDING (for general welfare) WAR declaration - raise/support military, legislate wartime economic/social conditions AFFAIRS related to Foreign commerce PROPERTY - rules & regulations on federal lands, including police power in DC COMMERCE - interstate ALIENS, naturalization, citizenship POSTAL Service (limited by 1st & 4th Am.) INVESTIGATION of facts related to subjects over which Congress may legislate TAXING to Raise Revenue (general welfare) ADMIRALTY - navigable waterways LEGISLATE!!! (rather than execute or adjudicate the law) (for) DELEGATION of legislative authority (Chadha limitation on Pres veto power & bicameral structure) ELECTIONS FINANCE - necessary/proper to coin $; create banks, fed reserve, credit system set INFERIOR federal court jurisdictional limits CIVIL rights enforcement (13th, 14th, 15th Am.) INTELLECTUAL Property - patent & copyright TREATY ratification

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Constitutional Law - Presidential Power The president can eat at PF chang's with one CAVEAT. 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

Output: PARDON FOREIGN COMMANDER APPOINTMENT VETO EXECUTIVE ADVISE TREATY

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Constitutional Law Limits to Exercise of Power by Government You must SPECIFICLE state how the government violated your constitutional rights. 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

Output: SUBSTANTIVE DP PROCEDURAL DP EPC CIVIL rights IMMUNITIES FIRST AMENDMENT IRREBUTTABLE presumptions CONTRACTS retroactive LEGISLATION ECONOMIC taking

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

Output: STAR VP - six fundamental freedoms CAMPER - privacy rights

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Constitutional Law - Takings Valid Public Purpose 5th Am. - Fed / 14th Am. - State/Local SHE validly took the SWAMP by eminent domain.

Output: Safety Health Economic Social Welfare Aesthetic Moral ends Political

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Constitutional Law - Equal Protection Strict Scrutiny Suspect Classes The government RAN out of class when the judge strictly scrutinized its behavior.

Output: RACE - purposeful discrimination required (facially or as applied) ALIENAGE - state/local action only (except regulation of participation in government, e.g. teachers, police, jury duty subject to rational basis test); fed action gets rational basis test) NATIONAL origin

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Constitutional Law - Preemption by Federal Law Federal law can PUSH around state law.

Output: PERVASIVENESS UNIFORMITY of federal regulatory scheme SIMILARITY between laws not HISTORICALLY left to State

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Constitutional Law - Dormant Commerce Clause (limitation on state action) Nonresident Statutes Are Rude. 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

Output: NONDISCRIMINATORY SUBSTANTIAL nexus APPORTIONED RELATEDNESS

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

Output: Miller v. California LAPTOP

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Constitutional Law Unavailability of Privileges & Immunities claims if U don't give a CRAP, you can't claim privileges & immunities.

Output: UNITED STATES government CORPORATIONS RESIDENTS of the state whose law is being challenged ALIENS PARTNERSHIPS

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Constitutional Law - Limitation on State Action (14th & 15th Am.) the State's PLEA fell on deaf ears 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

Output: SHELLEY V. KRAMER PUBLIC functions LICENSING ENCOURAGMENT AID

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Constitutional Law - Establishment Clause Violations Church and state can't PEE in the same urinal.

Output: PURPOSE. Law or conduct must have a primarily secular purpose EFFECT. Primary or inevitable effect of law or conduct must neither advance nor inhibit nor endorse religion. ENTANGLEMENT. Law or conduct can't foster excessive governmental administration or entanglement with religion

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Contracts - Subject Acrostic covers Common Law & UCC Sales Forty Drunk Pirates Drank Beer Then Ran

Output: Formation Defenses to contract formation Performance Discharge of duty to perform Breach - effects material - recover foreseeable damages or rescind/mitigate; minor - perform & recover damages for immaterial breach Third Party Beneficiaries, Assignment & Delegation Remedies for breach

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Contracts - Common Law Essential Contract Terms Quantity Time of performance Identification of parties Price Subject matter

Output: Q-TIPS

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Contracts - Applicability of Statute of Frauds a fake ORGASM violates the statute of frauds 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)

Output: ONE year REAL estate GOODS >$500 ADMINISTRATOR SURETY MARRIAGe

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Contracts Exceptions to Statute of Frauds No writing necessary if the deal is made in a SWAMP. 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

Output: SPECIALLY Mfg WAIVER ADMISSION MERCHANT MEMO PARTIAL performance

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Contracts - Elements of Legal Relationship a TACO has all the ingredients to make a contract. definite TERMS, express or implied ACCEPTANCE of terms CONSIDERATION - bargained for legal detriment and/or benefit flowing OFFER inviting acceptance

Output: TERMS ACCEPTANCE CONSIDERATION OFFER

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Contracts - Termination of Offer Don't offer IDLE CIDER that's expired. 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

Output: INCAPACITY DEATH LAPSE EXPRESS rejection COUNTEROFFER ILLEGALITY DESTRUCTION EFFECTIVE mailbox REVOCATION

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Contracts - Termination of Options three ways options can DIE

Output: DESTRUCTION of subject matter of option INTERVENING illegality EXPIRATION of stated option time

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Contracts - Defenses to Formation IF (I) C SCUM, this contract never happened.

Output: IF (I) C SCUM = equity of rescission ILLEGALITY FRAUD - in inducement or execution (I) love contracts COERCION - lack of consent or duress STATUTE of frauds CAPACITY - minors, mental UNCONSCIONABLE k - gross disparity, against public policy MISTAKE - generally only allowed with mutually grave error while contract is still executory

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Contracts - Parol Evidence Rule DECAF Includes parol evidence but a FOAM LID keeps the contract from forming. 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

Output: DECAF I - elements of parol evidence rule FOAM LID - parol evidence that will serve as a defense to formation

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Contracts - Discharge of Duty to Perform IF A NIMROD is discharged of his duty to perform, so are you.

Output: IMPRACTICABILITY FRUSTRATION of purpose ACCORD and satisfaction NOVATION IMPOSSIBILITY MODIFICATION RESCISSION (mutual) OCCURRENCE of condition subsequent DEFENSE to formation

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

Output: WIVES PAD these conditions excuse performance

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Contracts - Formation by Quasi-Contract I painted your CURB so you owe me.

Output: CONTRACT implied in FACT or at LAW UNJUST enrichment if defendant allowed to keep benefit without legal detriment REASONABLE expectation of being compensated BENEFIT conferred upon defendant by express request or implied permission

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Contracts - UCC Article 2 Material Alteration of Offer A merchant that WARPS my offer with his reply memo makes me Just Livid. 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)

Output: WARRANTY ARBITRATION RISK of loss PAYMENT SHORTENING SoL JURISDICTION LIABILITY waiver

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Contracts - UCC Article 2 Implied Terms in Sales Contracts I CITE the UCC to prove implied terms. 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

Output: INSPECTION CREDIT INSURANCE TENDER EXCHANGE UNIFORM COMMERCIAL CODE

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Contracts - UCC Article 2 Seller's Remedies for Buyer's Breach When the buyer is a K LAPSER, seller has remedies. 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

Output: KEEP deposit LOST profit ASSURANCES PRICE STOP goods EXERCISE reclamation RESELL

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Contracts - UCC Article 2 Buyers Remedies for Seller's Breach a buyer Can Revoke Security or WAIT when seller breaches. 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

Output: CANCEL REVOKE SECURITY WITHHOLD $ ACCEPT & recover $ INADEQUATE = demand TENDER & claim

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Contracts - UCC Article 2 Warranties warranties are Fully TEAMED with goods sold. 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

Output: FITNESS TITLE ENCUMBRANCES AFFIRMATIONS MERCHANTABILITY EXPRESS warranties as DESCRIBED

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Contracts - UCC Article 2 Defenses to Breach of Warranty GRAMPA can't be liable for breach of warranty. GOVERNMENT military & surplus contracts RUNNING of statute of limitations ABSENCE of privity of contract unforeseen MISUSE of a product federal PREEMPTION ASSUMPTION of risk

Output: Government Running SoL Absence Misuse Preemption Assumption

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Corporations - Piercing The Corporate Veil TWIST the knife to pierce the corporate veil. 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.

Output: TEN sh WORKER's comp ILLEGALITY SALES/corp tax unpaid TORTIOUS acts

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Corporations - Contents of Articles of Incorporation. It's A PAIN to write the articles of incorporation.

Output: AUTHORIZED shares PURPOSE AGENT authorized to receive service of process INCORPORATORS NAME and address of corporation

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Corporations - Contents of Certificate of Incorporation the corporation's certificate of incorporation lists PVT MCLAW 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

Output: PREEMPTIVE rights VALUE of par TRANSFER restrictions MAJORITY CUMULATIVE voting LESS than maj to dissolve sh AGREEMENTS at WILL

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Corporations Actions Requiring Shareholder Approval Shareholders deserve A DAMN SALAD if the corporation makes a big change. 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

Output: AMENDMENT DISSOLUTION ASSET MERGER NAME SURETY AGENT LOCATION ABOLISHING liability DIRECTOR loans

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

Output: PREEMPTIVE ASSET MERGER CUMULATIVE

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

Output: ASSET INVESTMENT MARKET

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Corporations - Duties of Directors & Officers Directors & Officers who get SUED For being OLD can fire a FLARE. 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

Output: SUED - types of conflict of interest FOLD - usurpation of corporate opportunity tests FLARE - defenses to usurping corporate opportunity

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Corporations - Actions of Directors that cannot be indemnified Directors can't be indemnified for RIBALD Gains. 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

Output: REDEMPTION INTENTIONAL misconduct BAD faith ASSETS before creditors improper LOAN DIVIDEND unjust GAIN

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Corporations - Shares With No Preemptive Rights If your shares have a STAMP, you don't have preemptive rights. 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

Output: STOCK INCENTIVES TREASURY AUTHORIZED w/in 2 yrs MERGER PURCHASE w/o cash

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Corporations - Irrevocable Proxy Voting Rights You can't revoke a proxy for PEACE. 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

Output: if PLEDGED not ENTITLED AGREEMENT by sh CREDITOR EMPLOYEE w/proxy

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Corporations - Elements of 10b-5 Stock Transfer Liability In the MIDST of the STORM, it feels like a category 10b-5. 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

Output: MATERIAL fact INTERSTATE DAMAGES STANDING TIPPER/TIPPEE SCIENTER TARGETED sh OMISSION RELIANCE MISSTATEMENT

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Corporations - Liability Under Sarbanes-Oxley Get the BAD TIC out of your SOx. 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

Output: BANNED loans ATTORNEY liability DISCLOSE ethics req. TRADING limits INDEPENDENT auditing CERTIFICATION of internal controls SARBANES OXley

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Corporations Valid Reasons For Judicial or Voluntary Dissolution To dissolve a corporation, just I.D. the WOLF in the boardroom.

Output: ILLEGAL conduct DIVERSION of corporate assets to directors/officers WASTE (including that which results from deadlock) OPPRESSION of minority shareholders LOOTING FRAUD

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Criminal Law - Crimes Requiring Specific Intent It's a specific intent crime to Purposely FLAME CRABS.

Output: false PRETENSES Forgery Larceny Attempt Murder, first degree Embezzlement Conspiracy Robbery Assault Battery (aggravated) Solicitation

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Criminal Law - Crimes Requiring General Intent It's a general intent crime for MARK to FIB.

Output: Murder in the commission of a dangerous, statutorily enumerated felony Arson Rape Kidnapping False imprisonment Involuntary manslaughter Battery

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Criminal Law - Defenses Available the prosecutor PACED as his charges against defendant fell like DOMINOS

Output: defense of PROPERTY AGE (7 to 13 = rebuttable presumption that child doesn't understand) prevention of CRIME constituting breach of peace (non-deadly) or risking human life (deadly) ENTRAPMENT DURESS (mitigates murder to manslaughter) DRUNKENNESS OTHER party consented to act MISTAKE of fact INSANITY NECESSITY - avoid a greater evil defense of OTHERS SELF-DEFENSE

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Criminal Law - When Omission To Act Is A Crime You can't just watch them SCRAP when you've got a legal duty to break it up.

Output: STATUTORY duty (filing taxes) CONTRACT (nurse, lifeguard) RELATIONSHIP (parent, spouse) ASSUMPTION of duty voluntarily (rescuer liability) PERIL (caused risk of harm)

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Criminal Law - Defense To Felony Murder the BUC stops at the co-felon

Output: no reason to BELIEVE co-felon was armed or intended to engage in conduct likely to result in death UNARMED; and didn't COMMIT, command or request homicide;

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Criminal Law - Strict Liability Crimes If you pick a SCAB, you're strictly liable as a criminal. STATUTORY rape CONTRIBUTING to the delinquency of a minor ABNORMALLY dangerous activities BIGAMY

Output: STATUTORY CONTRIBUTING ABNORMALLY BIGAMY

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Criminal Procedure Exceptions to Search Warrant Requirement SHAPE up WISEACRE or I'll search you without a warrant.

Output: STOP (articulable, reasonable suspicion) & frisk (armed & dangerous) of outer clothing HOT pursuit AUTOMOBILE PLAIN view EVANESCENT evidence (up) WIRETAP w/ one party’s consent INCIDENT to lawful arrest SCHOOL property EXIGENT circumstances ADMINISTRATIVE searches (e.g. Border, Airport) CONSENT to search expressly granted ROUTINE, non-discriminatory checkpoint stops EAVESDROPPING on conversation with no reasonable expectation of privacy

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Criminal Procedure Exceptions to the Exclusionary Rule U SAID G was fruit of the poisonous tree but he's not.

Output: USE for impeachment independent SOURCE ATTENUATED chain of causation between tainted evidence and illegal action INTERVENING act of free will inevitable DISCOVERY GOOD faith of police & magistrate in issuing invalid warrant

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Evidence - Subject Outline Mnemonic Follow RECIP(e) H to decide if the evidence is admissible.

Output: Relevance Extrinsic policies Character evidence Impeachment Privileges (e) HEARSAY

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Evidence - Rule 403 Exclusion of Relevant Evidence the UMP doesn't have to let the evidence IN

Output: UNDUE delay MISLEAD the jury PREJUDICIAL effect on jury confusion of ISSUES NEEDLESS presentation of cumulative evidence

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Evidence - Inadmissible Relevant Evidence I like PORN but it's still inadmissible. 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

Output: INSURANCE proving fault PRIVILEGED communication OFFERS of compromise REMEDIAL measures NEGOTIATION during plea

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Evidence - Self-Authenticating Documents OIL CANS are self-authenticating. 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)

Output: OFFICIAL INSTRUMENTS LABEL CERTIFIED ACKNOWLEDGED NEWSPAPERS SEALED

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Evidence - Non-Hearsay Requiring Testimony The "4 Priors" aren't hearsay provided the declarant testifies.

Output: 1. prior recorded recollection 2. prior out of court identification 3. prior consistent statement 4. prior inconsistent statement given under oath and subject to perjury

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Evidence - Non-Hearsay Regardless of Testimony SANE evidence is not hearsay so it's admissible.

Output: STATE of mind ADMISSION by party opponent NONASSERTIVE conduct EFFECT on listener

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Evidence - Introduction of Character Evidence at Civil Trials Character evidence can be introduced in a civil trial after Chopping WEEDS.

Output: CHILD custody cases WRONGFUL death ENTRAPMENT negligent ENTRUSTMENT DEFAMATION SELF-DEFENSE

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Evidence - Introduction of Character Evidence at Criminal Trials MIMIC the criminal before introducing character evidence.

Output: MOTIVE IDENTITY MODUS operandi or preparation of plan INTENT or knowledge, absence of mistake or accident COMMON scheme or plan

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Evidence - Hearsay Exceptions Admissibility of Business Records Business records feature the sound of DRUMS. 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

Output: DURING ROUTINE UNTRUSTWORTHY MADE SOURCE

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Family Law - Requirements of Prenuptial Agreements Prenups are enforceable if the spouses SPIED on each other.

Output: SUPPORT - must be fair at time of enforcement PROPERTY - must be fair at time of execution IN WRITING - court does not bind on issues involving children ENTERED voluntarily into by both parties with knowing consent DISCLOSURE - full and fair

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Family Law - Right to Late Spouse's Benefits A widow can drink all the VINOS she wants.

Output: VETERAN's pensions INDEMNITY compensation for service-connected deaths NURSING home and medical care OTHER survivor benefits (i.e. contractual rights, insurance benefits) SOCIAL security pension - supplemental security income

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Family Law - Validity Requirements of Marriage To validate his marriage, the groom must CROWN his lovely bride's ASS. 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)

Output: CONSANGUINITY RECOGNIZED c/l OBTAIN license WITNESSES NO spouse AGE SOLEMNIZED SIGNED

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Family Law - Marriage Grounds for Declaration of Invalidity The FACTOID about the Resident APE getting married was declared invalid. 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.

Output: FRAUD AGE CONSANGUINITY TIMELINESS OUT-OF-STATE void INCAPACITY DURESS RESIDENT ANNULMENT PRIOR MARRIAGE EFFECT on children

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Family Law - Typical Provisions of a Parenting Plan Divorcing parents throw DARTS at a board to decide who gets the kids.

Output: DESIGNATION of primary residential parent ALLOCATION of decision-making authority RESTRICTIONS on contact, where appropriate TRANSPORTATION arrangements SCHEDULE for residential contact with child

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Family Law - reasons to grant Temporary Restraining Order a family in DIRE need may request a temporary restraining order

Output: prevent DISPOSAL or concealment of property prevent INTERFERENCE or molestation with peace of opposing party or child prevent REMOVAL of a child from jurisdiction of court prevent ENTRY into family home of either party

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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 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)

Output: IRRETRIEVABLY BROKEN FILE in proper venue PERSONAL jx INCARCERATION or INCAPACITY ÑO FAULT CONVERSION ADULTERY TREATMENT (cruel/inhumane) ABANDONMENT

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Family Law - Factors Affecting "Just and Equitable" Distribution Your lifestyle might GET CRAMPED when marital assets are equitably distributed. 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)

Output: GOODWILL EXTENT of property TENANCY IN COMMON COMPENSATION right of REIMBURSEMENT ALL property subject to division MARITAL standard of living PENSIONS EARNING capacity DURATION

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Family Law - Specific Obligations Included In Child Support Orders Support HAS TILTeD in favor of the children. 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

Output: HEALTH CARE ACTIVITIES STATE SUPPORT SCHEDULE TRANSPORTATION INCOME recalculation LIFE insurance TAX eXEMPTION downward DEVIATIONS

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

Output: CCCCC (5-Card) STUD

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Professional Responsibility Withdrawing from Attorney/Client relationship WE attorneys suffer from MANICURE withdrawal.

Output: attorney is a WITNESS in the case, resulting in unfair prejudice to client ETHICAL violation will occur if client is represented MALICIOUS harassment will be brought upon opposing party with no good faith that claim/defense is warranted under law ATTORNEY is being employed to commit past crime/fraud *proper NOTICE of withdrawal must be given to client INCOMPETENCY of attorney to handle matter CRIMINAL or fraudulent conduct required UNREASONABLE financial burden on attorney *REFUND all papers/property of client, along with unearned fees, upon withdrawal EXPENSES or fees promised by client are not paid *these are procedural requirements of withdrawal

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Real Property - Covenants of Title under Warranty Deed The buyer CEASED worrying when seller delivered a warranty deed. 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

Output: CONVEY ENCUMBRANCES ASSURANCES SEISIN ENJOYMENT DEFENSE

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Real Property - Requirements for obtaining title by Adverse Possession An adverse possessor's voice must ECHO long enough to get title to the property.

Output: EXCLUSIVE and actual CONTINUOUS for the statutory period HOSTILE (without permission) OPEN and notorious

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Real Property - Non-Possessory Interests In Land Let me C NIPPLES and I'll let you use my land. 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

Output: COVENANT NECESSITY IMPLICATION PROFIT PRESCRIPTION LICENSE EXPRESS SERVITUDE

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Real Property Termination or Expiration of Non-Possessory Interests In Land REMAND use of that ACRE back to its rightful owner! 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

Output: RELEASE EMINENT DOMAIN MERGER ABANDONMENT NECESSITY DESTRUCTION ABUSE CHANGED REVOCATION (licenses) ESTOPPEL

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

Output: TTIP - 4 Unities RIP'M - ways to sever a JT

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Real Property - Permissible Zoning Practices The zoning board won't let me plant my FICUS in that GAP. 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

Output: FLOATING zone ISSUE permits CONTRACT zoning planned UNIT development SEGREGATE incompatible use GRANT variances AMEND ordinance PLANNING

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Real Property - Deed Requirements You can't transfer property unless the deed IS WILD. IDENTIFIES parties SIGNED by grantor in WRITING must show INTENT to transfer an interest LAND conveyed is described must be DELIVERED

Output: IDENTIFIES SIGNED WRITING INTENT LAND DELIVERED

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Real Property - Tenant's Remedies for Breach by Landlord If landlord breaches, tenant can hit the ROAD.

Output: RESCIND the lease agreement OFFSET rent payment after repair ABATE rent until landlord fixes problem (must place in escrow) DAMAGES ordered by court

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Real Property - Landlord's Obligations to Tenant A landlord's day is MIRED with responsibilities to his tenants.

Output: MAINTAIN IMPLIED warranty of habitability REPAIR warrant quiet ENJOYMENT DELIVER possession

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Real Property - Tenant's Duties to Landlord WE R UP to date with rent payments.

Output: abstain from committing WASTE refrain from interfering with quiet ENJOYMENT of other tenants pay RENT USE premises for legal activities only fulfill PROMISES made to repair

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Real Property - Landlord's Remedies for Breach by Tenant Pay the rent or you're DEAD.

Output: withhold DEPOSIT EVICTION ACCELERATION clause DAMAGES for holdover

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: UCC Article 9 Secured Transactions Classes of Tangible & Intangible Goods a FAN is a SPECIFIC type of goods covered under UCC Article 9.

Output: FARMING products ACCOUNT proceeds received upon sale of collateral NOTES (promissory & drafts) STOCKS, bonds & mutual funds PERSONALTY - chattels / movable goods generally EQUIPMENT CONSENSUAL security interests only (not statutory or mechanic liens) INVENTORY FIXTURES annexed to real estate (lighting fixtures, sprinkler systems, furnaces, etc.) INTELLECTUAL properties CONSUMER goods

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: UCC Article 9 Secured Transactions VCR The 3 Requirements for Attachment

Output: VALUE must be given by creditor CONTRACT - the security agreement serves as evidence of the secured transaction unless the secured party has taken possession of the collateral. debtor must have RIGHTS in the collateral.

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: UCC Article 9 Secured Transactions Priority of Creditors Article 9 dictates which creditor gets to keep the O-PA-L NUG(get).

Output: buyer in ORDINARY course PERFECTED ATTACHED creditor LIEN creditor NON-ordinary course buyer attached UNPERFECTED creditor (including bankruptcy trustee) GENERAL unsecured creditor

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: UCC Article 9 Secured Transactions Advantages to Purchase Money Security Interest (PMSI) Status HATS off to PMSI creditors because they get top priority. 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

Output: HOUSEHOLD goods mere ATTACHMENT TWENTY day grace SUPER priority on inventory

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: UCC Article 9 Secured Transactions - Assignees & UCC Article 3 Commercial Paper - Holder in Due Course three requirements to avoid being subject to personal defenses

Output: FOR value IN good faith without NOTICE

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: UCC Article 9 Secured Transactions Methods of Perfection Perfection Calls For Many Things (5)

Output: Possession Control Filing the financing statement in debtor's state Mere attachment (consumer goods and PMSI) Title certificate

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: UCC Article 9 Secured Transactions Permitted Contents of Security Agreements The FOCAL Point of a security agreement is the collateral. 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.

Output: FUTURE cash advances OTHER duties/rights describe COLLATERAL AFTER-ACQUIRED clauses floating LIEN on fast-turning inventory PROCEEDS upon disposition

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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, 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.

Output: STRICT foreclosure get CONSENT to take judicial ACTION REPOSSESSION DISPOSITION sale

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Torts - Transferred Intent Doctrine Five Relevant Torts you Can't BAIL if you intended one tort but did something else

Output: trespass to CHATTELS BATTERY ASSAULT false IMPRISONMENT trespass to LAND

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Torts - Negligence Elements to make out a Prima Facie case Any band that puts out a DRAB CD is guilty of negligence to its fans.

Output: DUTY to exercise REASONABLE care to ANYONE in plaintiff's position a BREACH of the duty to prevent the foreseeable risk of harm CAUSATION (actual/"but for" and proximate/legal) resulting DAMAGES caused by the breach

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Torts - Negligence Alternative Standards of Care beyond "the reasonable person" SKIDMART didn't HELP that COUPLE so they'll be held to a different standard of care.

Output: SCHOOL and pupils (special relationship) K duty (contractual special relationship) INNKEEPER and guests ("highest" duty) DRAMSHOP laws impose liability upon drinking establishments MALPRACTICE standards for professionals liability to AUTOMOTIVE non-paying guests for reckless driving RES ipsa loquitur TRAVELERS aboard a common carrier ("highest" duty) HOSPITAL and patients (special relationship) EMPLOYER and employees (special relationship) LANDLORD and tenants (special relationship) PRISONERS held by law enforcement (special relationship) CREATION of harm - duty to alleviate consequences of defendant's act when it creates risk of harm to others, even if act was not negligent OWNER/OCCUPIER of land - varying duties to invitees, licensees and trespassors UNDERTAKING to act - may not abandon an attempted rescue if defendant leaves plaintiff in worse condition negligence PER SE - statute conclusively establishes standard for liability (reasonableness of defendant's actions irrelevant) LOCAL ordinance violation by defendant is "evidence of negligence" by defendant - helps plaintiff establish prima facie case EMERGENCY situation will lower defendant's standard of care unless defendant's negligence caused the emergency

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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 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)

Output: PUBLIC misrepresentation EXPRESS warranty NEGLIGENCE IMPLIED warranty STRICT products liability

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


Input: Torts - Bases of Strict Liability for Injury to Persons or Property You will be strictly liable for missing the day if you are not UP at DAWN.

Output: ULTRA-HAZARDOUS, abnormally dangerous activities defective PRODUCTS (at) DOMESTIC animals with known dangerous propensities ALL injuries caused by wild ANIMALS WORKER's compensation (statutory strict liability) NO-FAULT automobile insurance (statutory strict liability)

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

CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION