Input: Civil Procedure - Venue Venue is chosen with TLC, but if WASP MEN are on your land, you have to file locally. TLC - types of action that determine venue WASP MEN - claims involving property rights generally must be filed locally

Output: 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

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


Input: Civil Procedure - Discovery Devices the MAID must get PAID to discover evidence MENTAL ADMISSIONS INTERROGATORIES DEPOSITIONS PHYSICAL ADDRESSES INSPECTION DISCOVERY not held

Output: 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

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


Input: Civil Procedure - Objections To Method of Inquisition Poorly phrased questions set off the BAC door ALARM. BROAD AMBIGUOUS COMPOUND ARGUMENTATIVE LEADING ASSUMING REDUNDANT MISQUOTE

Output: 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

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


Input: Civil Procedure - Sanctions during Discovery This Judge DRIPS hot wax as a sanction for misbehavior. JUDGMENT DISMISSAL RESOLUTION IMPOSITION PRECLUSION STRIKE

Output: 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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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


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

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

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

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


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

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

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


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

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

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


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

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

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

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


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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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


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

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

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


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

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

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


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

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

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

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


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

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

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


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

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

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

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


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

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

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


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

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

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


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

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

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

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


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

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

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

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


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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


Input: is concerned not with procedures used to make a rule or adjudicate an individual case, but with the substance of a rule or an adjudication. It is possible for constitional procedures to be used to implement a ruel but for the rule itself to violate the Constition. Substantive due process protects peoople from aribitrary laws [Procedural Due Processar]

Output: Substantive due process

Administrative Law Flashcards - Cram.com


Input: provides that no person shall be deprived of life, liberty, or property without due process of law. [Procedural Due Processar]

Output: Fifth Amendment

Administrative Law Flashcards - Cram.com


Input: arbitrary laws [Procedural Due Processar]

Output: Due process is to protect people from what

Administrative Law Flashcards - Cram.com


Input: that state and federal goverment treat all persons with a minimum amount of fairness when taking life, liberty,or property. [Procedural Due Processar]

Output: Due process mandates what

Administrative Law Flashcards - Cram.com


Input: Procedural and substative [Procedural Due Processar]

Output: Due process has 2 aspectgs what are they?

Administrative Law Flashcards - Cram.com


Input: Substantive due process [Procedural Due Processar]

Output: What requires that the law be relatged to the prupose intended or that the govermenthave some substantial reason for theregulation

Administrative Law Flashcards - Cram.com


Input: when the laws are reflective of the laws objective [Procedural Due Processar]

Output: What is the rational relationship test

Administrative Law Flashcards - Cram.com


Input: freedom of religious choice and practice, fredom of travel, the right to vote, and freedome of the process. [Procedural Due Processar]

Output: Fundamental Rights

Administrative Law Flashcards - Cram.com


Input: when that law regulated a fundamental right or suspect class [Procedural Due Processar]

Output: When must a lw law pass a stricter test than that of retional relationship?

Administrative Law Flashcards - Cram.com


Input: grounds that have been historically discriminatged against . Race and national orgin are examples of suspect classes [Procedural Due Processar]

Output: What is a suspect class

Administrative Law Flashcards - Cram.com


Input: A of actoin valid only if it further compells a govements reasonable interest and there is no reasonable interest. This is applied when fundamental right is impinged or when law or act classifies by race, ethnicity, religion [Procedural Due Processar]

Output: What is the strict scrutiny test

Administrative Law Flashcards - Cram.com


Input: law or action that is valid if it is substantially related to a lawful goverment objective. This is applied in limited cases such as classifications based upon gender of "legitimacy of birth" [Procedural Due Processar]

Output: What is the substantlal relationshkp

Administrative Law Flashcards - Cram.com


Input: life,liberty, and property [Procedural Due Processar]

Output: What are the interest protected by the Due Process Class

Administrative Law Flashcards - Cram.com


Input: due process [Procedural Due Processar]

Output: If life is threatened what must be provided

Administrative Law Flashcards - Cram.com


Input: the right to move around as pone pleases without goverment interferance. Alsoone wants to consider a person's interst in their good name. Agencies must consider due process concerns before publically acussing an individual of sumething that is humiliating,stagmatizing,or damaging to one's reputation. [Procedural Due Processar]

Output: What does liberty interests encompass?

Administrative Law Flashcards - Cram.com


Input: real property, tangiable or intangiable property, entitlements, goverment employment, licenses, utilities, and education [Procedural Due Processar]

Output: Property rights include

Administrative Law Flashcards - Cram.com


Input: goverment benefits or entitlements, [Procedural Due Processar]

Output: Entitlements inc lude:

Administrative Law Flashcards - Cram.com


Input: Goldberg v. Kelly, where the Court stated "it may be realistic today to regard welfare entitlements as more like "property than a "gratuity.; Much of the existing wealth in this country takes the form of rights that do not fall iwthin traditional commom-law concepts of proeprty. The court stated that a person has protected property interst in a benefit if he or she has a "legitimate claim to that benefit" [Procedural Due Processar]

Output: Rights-verses privilages doctrine was rejected in which case.

Administrative Law Flashcards - Cram.com


Input: property interest in h is or her employment. See Sidermann case. It shows that a goverment employee must have a ligitimate claim of entitlement to employment in order to be protectected by due process [Procedural Due Processar]

Output: What type of interest dues a nonprobatonary employee have

Administrative Law Flashcards - Cram.com


Input: fluid-filled tubes that aid the starfish in movement [madreporite]

Output: tube feet


Input: organs used to extract oxygen from water [madreporite]

Output: gills


Input: pincer-like structures of a starfish that aid in cleaning [madreporite]

Output: pedicellariae


Input: protein substance that makes up the exoskeleton of arthopods [madreporite]

Output: chitin


Input: any structure such as an arm or leg that sticks out from the body [madreporite]

Output: appendage


Input: young stage of grasshopper [madreporite]

Output: nymph


Input: cocoon stage of insect where it changes into an adult [madreporite]

Output: pupa


Input: young stage of an animal that does not resemble the adult [madreporite]

Output: larva


Input: change in body form from egg to adult [madreporite]

Output: metamorphosis


Input: membrane of mollusks that secretes the shell and protects inner organs [madreporite]

Output: mantle


Input: egg laying device of some insects [madreporite]

Output: ovipositor


Input: [Types of human interaction?] What led to the need for population management?

Output: Overexploitation.

Exploiters, Competitors, Predators, and Mutualists.


Input: [Types of human interaction?] The amount of resource harvested per unit time?

Output: Yield.

Exploiters, Competitors, Predators, and Mutualists.


Input: [Types of human interaction?] Harvesting at a level that will ensure a similar yield over and over without forcing the population into decline?

Output: Sustained Yield.

Exploiters, Competitors, Predators, and Mutualists.


Input: [Types of human interaction?] Inventory, measurement of growth and potential yields of biomass, and manipulation of populations or stands of trees?

Output: Forestry Management.

Exploiters, Competitors, Predators, and Mutualists.


Input: [Types of human interaction?] How can we relate agriculture with human/plant and animal mutualism?

Output: The vast majority of human food resources comes from agriculture. Many agricultural products are a result of intense selective breeding resulting in a stronger species of plant able to flourish at a higher rate. The same is true for livestick.

Exploiters, Competitors, Predators, and Mutualists.


Input: [Types of human interaction?] General term describing plants growing anywhere they are not desired?

Output: Weeds.

Exploiters, Competitors, Predators, and Mutualists.


Input: [Types of human interaction?] Animals that humans consider undesireable?

Output: Pests.

Exploiters, Competitors, Predators, and Mutualists.


Input: [Types of human interaction?] One of the common ways of controlling weeds and pests?

Output: Chemicals (insecticides, herbicides, and pesticides).

Exploiters, Competitors, Predators, and Mutualists.


Input: [Types of human interaction?] The goal of restoration ecology?

Output: To return an ecosystem to a close approximation of its conditions prior to disturbance through the application of ecological principles.

Exploiters, Competitors, Predators, and Mutualists.


Input: [Types of human interaction?] Types of restoration efforts?

Output: Rejuvenation of existing communities, Recreation of the community from scratch, Reintroduction of exploited species, and Transplantation of individuals.

Exploiters, Competitors, Predators, and Mutualists.


Input: [Criminology] Criminologists

Output: Identify crime problems, collect and analyze data, and communicate research findings to inform criminal justice and related public policy.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Theory

Output: A means of explaining natural occurrences through statements about the relationships between observable phenomena.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Functionalism

Output: A theoretical perspective which contends that social order is realized because people reach a normative consensus, that is, agreement over right and wrong.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Criminal Behavior

Output: Any behavior that is in violation of the criminal law.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] The conflict Perspective

Output: Based on the premise that wealth and power vary across groups. Inequality generates conflicting social values, the basis of much crime.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Social Norms

Output: Patterns of expected behavior that govern society.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Interactionist Perspective

Output: Focuses on social behavior from the standpoint of the individuals involved in day-to-day interaction and defines criminal behavior as a product of social learning.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Deviant Behavior

Output: Behavior that does not conform to the social norms of society.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Conformity

Output: Refers to behavior that complies with the norms of a community or society.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Socialization

Output: The process by which individuals internalize many of the socially approved values, attitudes, beliefs and behavioral patterns of their society.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Laws

Output: Formal norms that have been codified as punishable offenses against society or its citizens.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Felonies

Output: The more serious of the two basic types of crime, usually resulting in a penalty of one year or more in prison.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Misdemeanors

Output: The lesser of the two basic types of crime, usually punishable by no more than one year in prison.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Mens Rea

Output: Means "guilty mind" and defines criminal intent.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Mala Prohibita

Output: Acts that are viewed as criminal simply because the law says so.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Mala in se

Output: Acts that are viewed as criminal because they are wrong, immoral or evil in themselves.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Civil/Tort Laws

Output: Deals with non-criminal offenses that are handled by civil rather than criminal courts.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Juvenile Delinquency

Output: Refers to illegal acts committed by young people, usually sixteen to eighteen years of age or younger.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Uniform Crime Reports (UCR)

Output: The U.S. government's official source of data on crime that relies on police reports of crimes that they hear about from citizens.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Index Offenses

Output: The term used by the UCR for the eight felonies to which it devotes the most attention: murder and nonnegligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor-vehicle theft, and arson.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Crime Rate

Output: In the UCR, the number of crimes per 100,000 persons in some location or subgroup of the population; in the NCVS, the number of victimizations per 1,000 persons or 1,000 households.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Crimes Known to the Police

Output: The UCR's term for the "official" number of crimes that the police report to the UCR and that the UCR, in turn, reports to the public.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] The Dark Figure of Crime

Output: The range of crimes that are committed in society but are undiscovered, unreported, or unrecorded.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] National Crime Victimization Survey (NCVS)

Output: An annual survey given by the government to people in thousands of randomly selected households around the nation that asks residents of these households a series of questions about crimes that they, other household members, and the household itself have experienced during the past six-month period.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Self-Report Surveys

Output: Surveys in which respondents are asked to provide information on various offenses they may have committed.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Prevalence

Output: In a self-report survey, the percentage of respondents who have committed an offense at least once within a certain time period.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Incidence

Output: In a self-report survey, the average number of offenses committed per offender.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Rational Choice Theory

Output: The view that people act with free will and carefully weigh the potential benefits and costs of their behavior before acting.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Free Will

Output: The view that human behavior is the result of personal, independent choices and not of internal or external forces beyond their control.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Deterrence Theory

Output: Closely related to rational choice theory, the belief that more certain and severe punishment reduces the crime rate.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Criminology] Routine Activities Theory

Output: The belief that crime and victimization are more likely to occur with the simultaneous occurrence of motivated offenders, attractive targets, and low or no guardianship.

Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com

Scientific study of crime, criminals, and criminal behavior.


Input: [Kinetic energy] Formula for Kinetic Energy [Energy of motion]

Output: KE=1/2mv2

Energy Science Vocab Flashcards - Cram.com


Input: [Kinetic energy] When do you have the most KE? [Energy of motion]

Output: The more you jumped/moved around

Energy Science Vocab Flashcards - Cram.com


Input: [Kinetic energy] Absolute Zero [Energy of motion]

Output: When matter stops moving

Energy Science Vocab Flashcards - Cram.com


Input: [Kinetic energy] Temperature [Energy of motion]

Output: The measure of the average kinetic energy of the particles in an object

Energy Science Vocab Flashcards - Cram.com


Input: [Kinetic energy] Thermal Energy [Energy of motion]

Output: The total kinetic energy of an objec

Energy Science Vocab Flashcards - Cram.com


Input: [Kinetic energy] When do you have the most thermal energy? [Energy of motion]

Output: When you have a high temperture and more substance

Energy Science Vocab Flashcards - Cram.com


Input: [Kinetic energy] Heat [Energy of motion]

Output: The transfer of energy between objects that are at different temperatures

Energy Science Vocab Flashcards - Cram.com


Input: [Kinetic energy] What are the 3 types of heat transfers? [Energy of motion]

Output: 1. Conduction 2. Convection 3. Radiation

Energy Science Vocab Flashcards - Cram.com


Input: [Kinetic energy] Conduction [Energy of motion]

Output: Transfer of energy through matter by the direct contact of particles

Energy Science Vocab Flashcards - Cram.com


Input: [Kinetic energy] Where does conduction best work in? [Energy of motion]

Output: Solids, especially metals

Energy Science Vocab Flashcards - Cram.com


Input: [Kinetic energy] Why are metals good conductors? [Energy of motion]

Output: Because electrons move easily and transfer KE to nearby particles

Energy Science Vocab Flashcards - Cram.com


Input: [Kinetic energy] Convection [Energy of motion]

Output: Transfer of thermal energy by the movement or circulation of a fluid

Energy Science Vocab Flashcards - Cram.com


Input: [Kinetic energy] Fluid [Energy of motion]

Output: Any material that flows

Energy Science Vocab Flashcards - Cram.com


Input: [Kinetic energy] What 2 forms can fluid be in? [Energy of motion]

Output: Liquid or gas

Energy Science Vocab Flashcards - Cram.com


Input: [Kinetic energy] Whats the difference between convection and conduction? [Energy of motion]

Output: Conduction involves collisions and transfers of energy Convection involves movement of the entergetic particles from one location to the another

Energy Science Vocab Flashcards - Cram.com


Input: [Kinetic energy] When can conduction and convection occur? [Energy of motion]

Output: When matter is present

Energy Science Vocab Flashcards - Cram.com


Input: [Kinetic energy] Radiation [Energy of motion]

Output: A heat transfer through space as electromagnetic waves

Energy Science Vocab Flashcards - Cram.com


Input: an experimental science studying sound from production, acoustics and perception [ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ]

Output: phonetics

Phonology Chapter 1 Flashcards Flashcards - Cram.com

ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ


Input: tests phonetic data, goal is to understand the tacit system of rules that a speaker uses in apprehending and manipulating the sounds of a language [ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ]

Output: phonology

Phonology Chapter 1 Flashcards Flashcards - Cram.com

ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ


Input: how sounds are made in the vocal tract study of sound wave forms by which speech is transmitted [ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ]

Output: production acoustics

Phonology Chapter 1 Flashcards Flashcards - Cram.com

ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ


Input: how the acoustic signal is processed to detect the sequence intended by the speaker [ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ]

Output: perception

Phonology Chapter 1 Flashcards Flashcards - Cram.com

ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ


Input: all portions of human anatomy through which air flows in the course of speech production, includes larynx, lungs, pharynx, oral and nasal cavity [ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ]

Output: vocal tract

Phonology Chapter 1 Flashcards Flashcards - Cram.com

ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ


Input: a complex structure of muscle and cartilage located in the neck, contains vocal cords [ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ]

Output: layrnx

Phonology Chapter 1 Flashcards Flashcards - Cram.com

ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ


Input: parallel flaps of tissue extending from each side of the interior larynx wall slits between the vocal cords [ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ]

Output: vocal cords glottis

Phonology Chapter 1 Flashcards Flashcards - Cram.com

ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ


Input: two small cartilages that are held at the rear ends of the vocal cords when the vocal cords are held together, this is the sounds made [ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ]

Output: arytenoid cartilage glottal stop

Phonology Chapter 1 Flashcards Flashcards - Cram.com

ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ


Input: when vocal cords vibrate where both of the ends of the vocal cords attach, can stretch and slacken cords and raise or lower voice pitch [ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ]

Output: voicing thyroid cartilage

Phonology Chapter 1 Flashcards Flashcards - Cram.com

ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ


Input: an opening about halfway from the larynx to the lips [ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ]

Output: velar port

Phonology Chapter 1 Flashcards Flashcards - Cram.com

ɯ • u ɤ , o ʌ • ɔ ɑ • ɒ