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

Output: Family Law - Grounds for Dissolution IF you hit your spouse like a PIÑATA, the court will probably grant their petition for divorce.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: CCCCC (5-Card) STUD COMMUNICATE with client act COMPETENTLY do not reveal CONFIDENCES avoid CONFLICTS of interest render CANDID advice SAFEGUARD client's money & property TERMINATE atty/client relationship fairly and properly UNREASONABLE fees should not be charged act with reasonable DILIGENCE

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: TTIP - 4 Unities RIP'M - ways to sever a JT TIME TITLE INTEREST POSSESSION RIGHT of survivorship upon death INTER VIVOS conveyance resulting in tenancy in common PARTITION by MORTGAGING interest in title theory state

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

Output: Real Property - Deed Requirements You can't transfer property unless the deed IS WILD.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: withhold DEPOSIT EVICTION ACCELERATION clause DAMAGES for holdover

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: FOR value IN good faith without NOTICE

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

Output: 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.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

Output: Torts - Causes of action related to Products Liability You are liable for harm done if you use your PENIS as a product.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: FRAUD ABUSE of process MALICIOUS prosecution INJURIOUS falsehood NEGLIGENT misrepresentation interference with prospective ECONOMIC advantage 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

Output: Torts - Causes of Action for Economic Injury causing FAMINE is an economic tort.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: DELEGATION of danger AUTOMOBILE ownership RESPONDEAT superior Negligent ENTRUSTMENT known PROPENSITIES JOINT enterprise 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

Output: Torts - Theories of Vicarious Liability i DARE Plaintiff to Join vicariously liable tortfeasors.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: RECOGNITION of danger EXPENSE ARTIFICIAL LIKELY trespassors 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)

Output: Torts - Attractive Nuisance Test To Determine Liability An attractive nuisance is a REAL threat to the safety of children.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: PROCEEDINGS REPORTS FIRST amendment OPINIONS GOVERNMENT officials INTEREST of EQUAL time broadcasts SPOUSES 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

Output: Torts - Defenses to Defamation Privileges It's bad P.R. to defend FOGIES in defamation cases.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: SEXUAL misconduct (lack of chastity of a woman) LOATHSOME, communicable disease INCOMPETENCE in trade or profession conduct/crime involving MORAL turpitude

Output: Torts - Statements that Constitute Slander Per Se It's slander per se to call someone SLIM.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: ARREST SHOPKEEPER's privilege CONSENT defense of OTHERS RECAPTURE of property NECESSITY DEFENSE under protective privilege (self, land, chattels) 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

Output: Torts - Defenses to Intentional Torts Hell hath no fury like A SCORN'D tort victim.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: PUNITIVE damages COMPENSATORY damages equitable LIEN ASSUMPSIT REPLEVIN INJUNCTION NOMINAL damages EJECTMENT constructive TRUST 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

Output: Torts - Available Remedies Damages, Restitution, Equity Get back at a tortfeasor by Playing CLARINET.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: FORESEEABLE - damage/injury must be foreseeable at the time duty is breached (proximate cause) UNAVOIDABLE - no recovery for losses which reasonably could have been avoided or mitigated damages must be CAUSED by defendant's breach ("but for" causation) sufficiently CERTAIN - damages cannot be speculative

Output: Torts - Limitations on Awarding of Damages tort damages are measured by how well you FUCC.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: LACHES freedom of ASSOCIATION injunction against PROSECUTION freedom of SPEECH injunction to ENJOIN crime UNCLEAN hands 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)

Output: Torts - Defenses to Claims Brought in Equity Rights in equity LAPSE if U assert a proper defense.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: INTENT to create valid PURPOSE ASCERTAINABLE beneficiaries RES named TRUSTEE SETTLOR 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

Output: Trusts - Elements of a Valid Trust I know the PARTS of a valid trust.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: by WILL INTER VIVOS CONSTRUCTIVE/resulting by K (contract) EXERCISING power of appt. DECLARATION 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

Output: Trusts - Ways a Trust can be Created it's WICKED smart to create a trust.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: 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 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)

Output: Trusts - Duties of Trustee The trustee had a duty to make sure the beneficiary wasn't drinking SPOILED CAB.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: KNOWING INSTRUMENT LACHES 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

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

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: ALIMONY NECESSITIES TAXES INTENTIONAL hindrance of creditor CHILD SUPPORT SELF-SETTLED trust assets 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)

Output: Trusts - When a "Charging Order" to Invade a Spendthrift, Support or Discretionary is Permitted Certain ANTICS let creditors invade the principal of protective trusts.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: RULE AGAINST PERPETUITIES EXECUTORY interests CONTINGENT remainders OPEN class remainders

Output: Future Interests - Applicability of Rule Against Perpetuities RAP music is ECO-friendly.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: USE restrictions right of FIRST refusal "wait and SEE" 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.

Output: Future Interests - Allowed Restraints on Alienation U F See fighters are good at restraining aliens.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: PETITION to court ACCOMPLISHED purpose CONSOLIDATION of trusts INCOME interest terminates DONOR termination MERGER of title EXPIRATION of trust term 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

Output: Trusts - Ways a Trust can be Terminated When a trust wants to be terminated, it yells "Pour some ACID on ME!!!"

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: INTENT to devise contents upon death at time of execution CAPACITY to understand the property, people involved and the effect of executing the instrument. ATTESTED to by two competent, non-interested witnesses SIGNED by testator or person directed who is within "line-of-sight" TESTAMENTARY age of legal capacity

Output: Wills - Elements of a Valid Will I CAST a valid will into the stream of probate court.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: LATER spouse IRREVOCABLE living trusts ADOPTED children REFUSAL by beneficiary subsequent DIVORCE OMITTED surviving children beneficiaries included in CLASS SATISFACTION by inter vivos transfer 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)

Output: Wills - Eight Frequently Tested Problematic "Takers" Under the Will An executor looks to the LIAR DOCS to decide who takes under the will.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: DEPENDANT relative revocation may apply if subsequent will or codicil is invalid AND prior valid will is substantially identical & consistent with testator's intent CONSTRUCTIVE trust may be necessarily imposed to prevent unjust enrichment or injustice to omitted beneficiary (wrongdoer serves as trustee, ha ha ha) indicia of UNDUE influence (only a CAD ROBS a rich testator) MISTAKE in the execution (wrong document signed with no intent to make a will--will invalid, parol evidence inadmissible) fraudulent PREVENTION of a will being written fraud in the INDUCEMENT failure to REVOKE fraud in the EXECUTION

Output: Wills - Will Challenges Grounds To Contest a Dependable, Constructive UMPIRE decides whether a will can be contested.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: CONFIDENTIAL (or fiduciary) relationship exists ACTIVE participation in will preparation or execution DISPOSITION to exercise undue influence unnatural RESULT OPPORTUNITY to exercise undue influence undue BENEFIT to alleged wrongdoer SUSCEPTIBLE testator

Output: Wills - Undue Influence Factors to Consider only a CAD ROBS a rich testator.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: Some - Specific devise or bequest Grantors - General legacy Die - Demonstrative legacy Really - Residuary gift Intestate - Intestate property 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)

Output: Wills - Classification of Legacies and Devises Acrostic Some Grantors Die Really Intestate

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: 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 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

Output: Wills - Ways to Revoke the provisions of a Will DIVORCE will AMBUSH beneficiaries.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: SOCIAL SECURITY HOMESTEAD ALLOWANCE FRACTIONAL TANGIBLE PRIVATE PENSION PLANS 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

Output: Wills - Surviving Spouse's Right to Elective Share A surviving spouse won't get the SHAFT Provided she takes her elective share.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: 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 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)

Output: Wills - Ways for Surviving Spouse to Maximize Elective Share United Artists changed the SCRIPT. Now the surviving spouse gets a bigger elective share.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: perfect SELF-DEFENSE INSANITY NEGLIGENT homicide

Output: Wills - Slayer Statute Exceptions A killer may still take if he acted without SIN.

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Agency - Subject Outline Principals CORRAL Their agent's activities.


Input: List/describe the five conceptual issues with personality theory.

Output:  Philosophical view of the person • Personality theories take a view on basic nature of humans • Theories can be very discrepant o Humans are naturally sinful vs. naturally good o Humans are like animals vs. thoughtful and rational • Historical factors affect these beliefs  Internal vs. External Determinants of Behavior • Different theories take very different view on this subject • Freud vs. Skinner (i.e. psychoanalysis vs. behaviorism) o Both extremely influential and extreme opposites • Almost every theory discusses this debate  Consistency in Behavior • What does it mean to be consistent? o Oedipal complex vs. agreeableness • Why would someone be consistent?  Concept of the unconscious • Some theories put more emphasis on the unconscious (i.e. Freud)  Influence of past, present, & future • Some believe past experiences have great affects on our personality • Others put emphasis on current thoughts and thoughts about the future

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: List/describe the four types of data (LOTS).

Output:  L-data: “life”, info that can be obtained from a person’s life history or life record  O-data: “observational”, info provided by knowledgeable observers such as parents, friends, or teachers • Sometimes train people to observe systematically • Observations can be of very specific behavior or of more general ratings of behavior  T-data: “test”, info obtained from experimental procedures/standardized tests  S-data: “self-report”, info provided by the subject himself or herself, typically in the form of responses or questionnaires • Limitations of self-reports o People may be unaware of their psychological characteristics o People may be motivated to present themselves positively • Advantages of self-reports o Convenient o Easy to obtain

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What are fixed (nomothetic) measures?

Output:  Exactly the same measures are administered to all the people in a study; scores are computed in exactly the same way  Most common method • Objective and simple • Two potential limitations: o Some items may be irrelevant to some of the individuals taking the test o There may be features of your personality that are not on the test

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What are flexible (idiographic) measures?

Output:  Unstructured personality tests  Items allow people to describe themselves in their own words • E.g. asking people to list words or phrases that describe important aspects of their personality • E.g. asking people to tell stories that relate their memories of important life experiences they have had (TAT test)

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What is reliability?

Output: o Extent observations can be replicated; whether measures are dependable or stable  Factors affecting it: • Psychological state of people being observed • Aspects of the test (instructions, ambiguous items) • Carelessness in scoring a test • Ambiguous rules for interpreting scores  Measurement: • Internal consistency – do different items on the test correlate with one another? • Test-retest reliability – if people take the test at two different times, do their scores correlate with one

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What is validity?

Output: o Extent to which observations actually reflect phenomena of interest in a given study  Measuring what you are supposed to measure  Reliability is necessary for validity

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: Describe/provide strengths and weaknesses of case studies.

Output:  In-depth analysis of individual cases • Purpose is to try to develop an understanding of what is most important to that individual’s personality o Uses idiographic approach o May be conducted for research or clinical treatment • Strengths: o Avoid artificiality of the laboratory o Can study someone’s full personality (i.e. deeper understanding of one individual • Limitations: o Can lead to unsystematic observation  Use more subjective interpretations o No causal relationships

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: Describe/provide strengths and weaknesses of correlational studies.

Output:  Examines relationships among variables within a large population of people • None of the variables are experimentally manipulated • Personality tests & questionnaires o Most common for studying individual differences among people  Ex. trait anxiety, self-esteem, friendliness • Needed when: o Case studies are not possible or desirable o Laboratory experiments are not possible • Correlation coefficient (r) – statistic used to gauge the degree to which two variables or measures are linearly related o Ranges from +1.0 (perfect positive) to -1.0 (perfect negative) o Positive: varies together o Negative: varies opposite o Zero: no relationship o Larger relationship closer to absolute value of 1 • Strengths: o Large samples easily obtained o Allows you to study a wide range of variables o Measures relationships among many personality questionnaires • Limitations: o Cannot establish cause and effect relationship o Individuals not studied in depth

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: Describe/provide strengths and weaknesses of experimental studies.

Output:  Participants are randomly assigned to conditions  One or more variables are manipulated  Random assignment: allows us to cancel out preexisting differences in groups • Ex. age, gender, childhood experiences  Strengths • Manipulates specific variables • Records data objectively • Establishes cause-effect relationships  Limitations • Excludes phenomena that cannot be studied in laboratory • Creates artificial setting that limits generalizability • Fosters: o Demand characteristics: cues implicit in the experimental setting that suggest:  The hypothesis of the experiment  That the subject should conform to hypothesis o Participant tries to give meaning and purpose to study o Experimenter Expectancy Effects: experimenters emit cues to subjects or unintentionally bias the experiment

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What are demand characteristics?

Output: o Cues implicit in the experimental setting that suggest:  The hypothesis of the experiment  That the subject should conform to hypothesis o Participant tries to give meaning and purpose to study

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What are experimenter expectancy effects?

Output: Experimenters emit cues to subjects or unintentionally bias the experiment

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: Describe Freud's biography.

Output: o Born in Czech Republic in 1856, enrolled in medical school o Influenced by intellectual movement known as “mechanism”  Principles of natural science could explain not only the behavior of physical objects, but human thought and behavior as well o Plagued by depression and anxiety after father’s death o Sought relief via self-analysis (led to development of psychoanalysis) o Developed theory about principles of the human psyche, but views ridiculed o Published prolifically, became international celebrity

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: Describe Freud's views of humanity and the mind.

Output:  Previous belief was that people are essentially good, but society corrupts them  In psychoanalysis, sexual and aggressive drives = inborn part of human nature • Seek pleasurable gratification of those drives  Society teaches child that biologically natural drives are socially unacceptable and maintains social norms to restrict drives  The mind is a system that contains and directs instinctual drives • Not dormant information – drives have force and energy  Major scientific problem was to explain how psychic (mental) energy flows, gets sidetracked, gets dammed up

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What are Freud's three core ideas of mental energy?

Output: • There is limited amount of energy • Energy can be blocked but then gets expressed in some other manner • The mind functions to reduce tension and release energy

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: Describe Anna O and catharsis.

Output: • “Hysterical” symptoms • Emotional disorders that manifest as physical symptoms (as somatization disorder) • Experienced BIZARRE symptoms: blurred vision, persistent cough, difficulty conversing in her native language • Freud decided she was having a somatization of her emotions • Freud wanted her to have this sort of CATHARTIC moment where she would release all of her emotions/problems o Catharsis  “Catharsis” = a release and freeing of emotions by talking about one’s problems  Freud felt like Anna’s Case Demonstrated That: • You can release “energy” to reduce tension or conflict that you have in your life • The mind has more than one part; there must be this unconscious section that we are unaware of

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: Freud's three levels of consciousness.

Output: o Conscious  Includes any thought that we are aware of (i.e. that we could say out loud to anyone else or write down) o Preconscious  Contains mental contents of which we could easily become aware of if we attended to them (right below the surface) o Unconscious  Mental contents parts of the mind of which we are unaware and cannot become aware of except under special circumstances (most important according to Freud)

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: Describe perceptual defense.

Output:  Process by which the individual defends against anxiety that accompanies recognition of a threatening stimulus • Subjects are shown neutral and emotionally-toned words • Words shown at very fast speeds and then at progressively slower speeds until they can be read consciously • The point is that you are going to try to not consciously acknowledge the emotionally-toned words (whore/rape/etc.) • Told to say each word out loud as soon as it is recognized • Results: Participants took longer to recognize the emotional words and showed signs of psychological response to these words before they were verbally identified (looked anxious/palms sweating - unconscious awareness and couldn’t say words as quickly)

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What is subliminal psychodynamic activation?

Output:  Researchers attempt to activate unconscious wishes without making them conscious to the participants • Present material that either threatens or soothes unconscious wishes and then observe reactions • LOGIC: Participants should have decreased performance after threat because mental energy is focused on dealing with unconscious issues • Female undergraduates shown phrases: o “Loving Daddy is Wrong” – threatening phrase, creating conflict with unconscious issues o “Loving Daddy is OK” o Results: Subjects performed more poorly on subsequent memory test if:  1. They saw the threatening message  2. If the message was presented subliminally • This is only true of certain females who had reported mental urges about sexual urges o With time, Freud realized that his distinctions among conscious, subconscious, and unconscious were inadequate in explaining his theories

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: List/describe the two kinds of dream content.

Output: o Latent – unconscious ideas, emotions, and wishes that are manifested in the dream’s storyline o Manifest – the storyline of a dream (wish fulfillment)

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: Describe the Id.

Output: o Like a small, selfish child - wants what it wants now)  The source of all psychic (mental) energy  Completely unconscious  The basic goal or function of the id is to release tension from frustrations so that we can feel good, however the id does not care how this tensions is released  Operates according to the “pleasure principle” => pursue pleasure and avoid pain  There are plenty of things the id does not do: • Devise plans and strategies • Wait patiently • Concern itself with social norms and rules

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: Describe the Superego.

Output: o Moral/ethical part  Functions involve the moral aspects of our behavior  Contains ideals and ethical standards  Functions to control behavior in accord with these rules  Offers rewards (pride, self-love) for “good” behavior and punishments (guilt, feelings of inferiority) for “bad” behavior

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: Describe the Ego.

Output:  Function is to mediate between the id and the superego  Within the constraints of the real world  Can block or divert energy from Id  Uses reality principle: gratification is delayed until reality enables one to obtain maximum pleasure with the least negative consequences  Unlike the id: • Can tolerate tension and create compromises through rational thought • Can change over time and develop more complex functions during childhood

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What are our life (libido) instincts?

Output:  Includes drives toward preservation and reproduction  Includes sexual drives from the Id

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What are our death instincts?

Output:  Opposite of the life instinct, highly controversial  Aim of the organism to die or to return to inorganic state  Death instinct often turned away from oneself and directed toward others in acts of aggression

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: Describe anxiety.

Output: o Painful emotional experience representing a threat  Alerts the ego to danger  Develops out of conflict between id and superego  Individuals develop defense mechanisms to avoid it • Ways to distort reality and exclude feelings from awareness

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What is denial?

Output: o Reject the existence of fact in conscious thought  i.e. traumatic or socially unacceptable external events  Avoidance may be conscious, but later become automatic  Current psychologists suggest that positive illusions and self-deceptions can be adaptive • Depends on the situation: o Helpful if one cannot control problems o Harmful if one could control their situation

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What is projection?/Describe the experiment related to it.

Output: o People defend against recognition of their own negative qualities by placing them onto others  Often happens in psychoanalytic therapy  Social-cognitive analysis of projection  People tend to dwell in their negative features – these become “chronically accessible”  Whenever one interprets the actions of other people, use concepts in one’s own mind • End up “projecting” chronically accessible negative features onto others  Experiment (1997) – Newman et al (1997) • Ps exposed to bogus negative feedback on two traits • Asked to try to suppress thoughts about one of the two • Later viewed a videotape that depicted a somewhat anxious-looking individual • Asked to rate this person on a series of traits • Ps projected suppressed negative trait onto the target

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What is isolation?

Output: o Impulse, thought, or act denied normal emotional response  Is accessible to consciousness  Result is emphasis on thought over emotion and feeling  Example: cancer diagnosis

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What is rationalization?

Output: o Ego constructs a rational motive to explain an unacceptable action, caused by irrational impulses of the id  Example: some of the greatest atrocities of humankind have been committed in the name of love, religion, or protection

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What is sublimation?

Output: o Instinct is replaced by a ‘higher cultural goal’ that is far removed from a direct expression of the instinct  Turn instinct into a new and useful channel  Examples: • Instinct toward arson… become a firefighter • Instinct toward aggression… become a boxer

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What is repression?

Output: o Thought or idea so traumatic it’s buried in the unconscious  The major defense mechanism of psychoanalytic theory • Plays part in all other defense mechanisms  Freud first recognized in his therapeutic work • Example: Anna O case study

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: List/describe the five psychosexual stages of development.

Output:  Oral stage (12-18mo) • Infants obtain pleasurable gratification by sucking and drinking • In adult life, this can be seen in chewing gum, eating, smoking, kissing • In early oral stage, child is passive and receptive • In late oral stage, with development of teeth, can be a fusion of sexual and aggressive pleasures  Anal stage (2 – 3 years) • Anus the focus of pleasurable gratification • Focuses on toilet training • Pleasure involves the conflict between wish for pleasure in evacuation and the demands of the external world for delay • Bowel movements: o Losing something important—depression o Giving a prize or gift to others—feelings of power and control  Phallic stage (4 - 5 years) • Excitation and tension focused on the genitals • Males: Oedipus Complex o Son has sexual desire for mother o Father becomes rival for the mothers’ affections so…must eliminate father • Females (different process: Elektra complex) o Females realize they lack a penis and blame the mother o Develop penis envy: choose the father as the love object and imagine that penis will be restored by having a child by the father  Latency stage (6 -12 years) • Sexual impulses are submerged into the unconscious o Example: boys have ‘cooties’ • Peaceful interval—lasts for the rest of childhood • Focus on education, same-sex peer play, social skills  Genital stage (12 years – adulthood) • Sexual impulses awaken and begin to mature into romantic attraction toward others • Genitals again focus of pleasure/conflict • Lasts the rest of life

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What are projective tests?

Output: o Projective Tests  Psychological assessments should be… • Valid, quick, and efficient  Challenges from a psychoanalytic perspective: • Relevant material is often unconscious • Mere mention activates defense mechanisms • Most people do not want to reveal threatening aspects of their personality  Freud’s tool for assessment: free association technique • Valid but not efficient • Freud’s followers sought new assessment methods, inc. projective tests o Logic of projective tests  Defining feature: ambiguity • Individual will “project” aspects of his or her own personality onto the ambiguous item when interpreting it • Individual’s interpretation will be indicative of how the person typically interprets ambiguous circumstances in his or her daily life • May reveal underlying, unconscious psychodynamics

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What is the Rorschach Inkblot Test?

Output: • Hermann Rorschach, a Swiss psychiatrist, created assessment • Showed images to hospitalized patients and identified inkblots that elicited different responses from different psychiatric groups • Settled on 10 cards (still used today) • In interpreting responses, interested in: o How the response is formed o Reasons for the response • Perceptions that match the structure of the inkblot suggest a good level of psychological functioning – well-oriented to reality • Responses that do not fit the structure of the inkblot suggest unrealistic fantasies or bizarre behavior • Symbolic o Pig = Gluttony o Fox = Crafty o Ostrich = Attempt to hide from problems

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What is the Thematic Apperception Test (TAT)?

Output: • Consists of cards depicting ambiguous scenes • Person asked to make up a story based on each • Individual’s personality may be projected onto the stimuli o Defenses can be bypassed

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: List/describe the three personality types.

Output: o Oral type  Narcissistic  Others seen only in terms of what they can give o Anal type (Anal Triad)  Orderliness and cleanliness • Defense against disorder  Stinginess • Need to hold onto things (i.e. feces)  Obstinacy • Struggle over toilet training o Phallic type  Success for phallic male = “I am a man.” • Exhibitionist quality is expressive of castration anxiety • Must assert masculinity at all times  Female counterpart = hysterical personality • Uses seductive behavior to maintain interest of her father but deny sexual intent • Identify with mother and femininity to defend against Oedipal wishes to marry father

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: List/describe three types of therapeutic change?

Output:  Fixated – psychoanalysis frees people to resume normal development  Defensive – psychoanalysis redistributes energy so more is available for mature activities  Dominated by unconscious and Id – psychoanalysis makes the unconscious known and puts ego in control

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What is transference?

Output: when patient’s attitudes toward analyst are based on attitudes toward parental figures

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: Who is Alfred Alder?

Output:  Follower of Freud – broke from him to put greater emphasis on social urges and conscious thoughts  Interested in how people compensate for bodily inferiorities  How a person copes becomes a distinctive aspect of his or her personality; “inferiority complex” • Classic example – Napoleon: his military success supposedly related to inferiority of his height

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: Who is Carl Jung?

Output:  Father/son relationship with Freud, called him his ‘crown prince’  Felt Freud over-emphasized sexuality • Sexuality is one part of basic life energy (libido)  Fundamental task: integrate various opposing forces of the psyche (inner and outer self; masculine and feminine self)  Emphasis on ‘evolutionary’ foundations of mind • Collective unconscious: holds cumulative experiences of past generations; is universal o Contains universal images, or archetypes  Mandalas: circular symbols contain pathways to center  Jung believed these were archetypes for the ‘self’

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: Who is Karen Horney?

Output:  Focused on cultural conditions that affect neuroses  Concluded interpersonal relationships are the core of healthy personality  Conflict when responding to anxiety (three ways): • Moving toward – excessive interest in being accepted, needed, and approved of • Moving against – assumes that everyone is hostile and that life is a struggle against all • Moving away – shrinks away from others into neurotic detachment  ‘Penis envy’ is the result of a male bias in psychoanalysis who treat neurotic women in a particular social context

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: List/describe the three types of conflicts when responding to anxiety.

Output: • Moving toward – excessive interest in being accepted, needed, and approved of • Moving against – assumes that everyone is hostile and that life is a struggle against all • Moving away – shrinks away from others into neurotic detachment

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: What is the Object Relations Theory?

Output:  Interested in how past relationships are remembered and how they affect current relationships  Relationships during childhood influence one’s experiences in new relationships - “residue of past experiences”

 Scientific observation • Study large, diverse groups • Objectivity • Use research methods  Systematic theory • Must create and connect ideas about personality in a logical way  Testable theory • Must create hypothesis that can be tested and falsified  Comprehensive theory • Higher goal of this field is to create a theory that addresses all significant aspects of people • Difficult – affects other goals  Beneficial Applications • Use theory to help others • Multiple theories correspond to counseling strategies


Input: The direct Mail Program supplaments the recruiter's prospecting efforts by.. [coverage]

Output: reaching high school seniors/graduates and community college students with a specific Marine Corps message.

BRC 53Test 3 Part 2 Flashcards - Cram.com


Input: The purpose of the fulfillment center.. [coverage]

Output: screen out end eliminate duplicate leads and ensure only valid leads are sent to recruiters.

BRC 53Test 3 Part 2 Flashcards - Cram.com


Input: Purpose of the direct mail schedule [coverage]

Output: is to reach targeted markets at most critical or effective time to generate responses.

BRC 53Test 3 Part 2 Flashcards - Cram.com


Input: Purpose of recruiter supplied names program [coverage]

Output: allow recruiters to incorporate any names that they obtain into the direct mail system.

BRC 53Test 3 Part 2 Flashcards - Cram.com


Input: The purpose of RS mail outs [coverage]

Output: is to assist the recruiting effort.

BRC 53Test 3 Part 2 Flashcards - Cram.com


Input: Two of the types of limited supplemental mailouts the RS is authorized to send out are [coverage]

Output: To support career day or a job fair, and to support the youth physical fitness program.

BRC 53Test 3 Part 2 Flashcards - Cram.com


Input: The priority prospect card (PPC) [coverage]

Output: is generated as a direct result of a request for additional info about the Marine Corps due to media advertising or the direct mail program.

BRC 53Test 3 Part 2 Flashcards - Cram.com


Input: When a recruiter completes the contact report card... [coverage]

Output: he / she must enter the date of the initial contact with the prospect.

BRC 53Test 3 Part 2 Flashcards - Cram.com


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

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

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

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

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

Output: IDENTICAL PARTY ACTUALLY WAIVED NECESSARY

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

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

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

Output: PLEADINGS INSUFFICIENCY CLAIM TRIABLE VENUE ALLEGATIONS LACK INDISPENSABLE DEFINITE

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

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

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

Output: DEPOSITIONS ADMISSIONS DOCUMENTS INTERROGATORIES EXAMINATIONS SUBPOENAS

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

Output: MINIMUM contacts OPPORTUNITY PROPER service

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

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

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

Output: DERIVES revenue ENGAGES in conduct EXPECTS consequences REGULARLY solicits

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

Output: DOMICILE ABANDONMENT DECREE separation AGREEMENT

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

Output: STIPULATE CAUSE ANSWER MOTION SUMMARY

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

Output: MAILING IN-HAND COURT SUITABLE AGENT DILIGENCe

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

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

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

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

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

Output: AGENT PRINCIPAL OWNER of property PARTNER EMPLOYEE

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION


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

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

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CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION