Input: What are the major topics and perspectives within microeconomics?

Output: The study of individual behavior in the economy -"Markets" Supply and Demand -Resources -Individual pricing

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

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


Input: What are the major topics and perspectives withing macroeconomics?

Output: The study of aggregate economic behavior, of the economy as a whole. - National Production - GDP -Unemployment - National Income

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

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


Input: ONE WHO REPRESENTS ANOTHER IN A SPECIFIC RANGE OF MATTERS IS A? [GENERAL AGENT]

Output: SPECIAL AGENT

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Input: A LISTING IN WHICH ONLY ONE BROKER IS EMPLOYED AND THE PRINCIPAL RETAINS THE RIGHT TO SELL THE PROPERTY WITHOUT COMMISSION IS? [GENERAL AGENT]

Output: EXCLUSIVE AGENCY

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Input: THE LISTING THAT PROVIDES THE MOST PROTECTION TO THE BROKER? [GENERAL AGENT]

Output: EXCLUSIVE RIGHT TO SELL

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Input: A LISTING WHERE IT IS PERMISSIBLE FOR THE PRINCIPAL TO HAVE A LISTING AGREEMENT WITH MORE THAN ONE BROKER IS? [GENERAL AGENT]

Output: OPEN LISTING

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Input: WITH AN OPEN LISTING FOR THE BROKER TO BE PAID A COMMISSION THE BROKER MUST SHOW THAT HE/SHE IS THE? [GENERAL AGENT]

Output: PROCURING CAUSE

REAL ESTATE ARIZONA Flashcards - Cram.com


Input: A LISTING THAT IS LEGAL IN ARIZONA, BUT ITS USE IS DISCOURAGED BY THE AZ REAL ESTATE DEPT. IS A? [GENERAL AGENT]

Output: NET LISTING

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Input: AN APPROACH THAT DETERMINES THE VALUE OF THE IMPROVEMENTS SEPARATELY FROM THE VALUE OF THE LAND IS THE? [GENERAL AGENT]

Output: COST APPROACH

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Input: AN APPROACH THAT UTILIZES A COMPARATIVE SALES ANALYSIS IS THE? [GENERAL AGENT]

Output: MARKET DATA APPROACH

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Input: AN APPROACH THAT CONVERTS PROJECTED NET INCOME TO AN INDICATION OF VALUE IS THE? [GENERAL AGENT]

Output: INCOME APPROACH

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Input: THE PRESENT WORTH SOMEONE WOULD EXCHANGE FOR THE FUTURE BENEFITS OF OWNERSHIP IS? [GENERAL AGENT]

Output: VALUE

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Input: THE FOUR CHARACTERISTICS OF VALUE ARE? [GENERAL AGENT]

Output: DEMAND, UTILITY, SCARCITY, TRANSFERABILITY

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Input: THE MOST PROFITABLE USE TO WHICH LAND CAN BE UTILIZED, THE ONE THAT WILLBRING THE GREATEST RETURN? [GENERAL AGENT]

Output: HIGHEST AND BEST USE

REAL ESTATE ARIZONA Flashcards - Cram.com


Input: A PROPERTY OBTAINS MAXIMUM VALUE WHEN IT CONFORMS TO THE NEIGHBORHOOD IS PRINCIPLE OF? [GENERAL AGENT]

Output: CONFORMITY

REAL ESTATE ARIZONA Flashcards - Cram.com


Input: A LOSS IN VALUE DUE TO THE CONSTRUCTION OF A FACTORY NEAR A RESIDENTIAL AREA IS? [GENERAL AGENT]

Output: ECONOMIC OBSOLESCENCE

REAL ESTATE ARIZONA Flashcards - Cram.com


Input: MONEY SPENT ON A PARTICULAR IMPROVEMENT TO A PROPERTY, SUCH AS A TENNIS COURT, INCREASE RETURNS THEREFORE IS KNOWN AS? [GENERAL AGENT]

Output: CONTRIBUTION

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Input: PUTTING SEVERAL PROPERTIES UNDER COMMON OWNERSHIP TO OBTAIN HIGHEST AND BEST USE IS? [GENERAL AGENT]

Output: PLOTTAGE

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Input: THE PROCESS OF COMPLETING PLOTTAGE? [GENERAL AGENT]

Output: ASSEMBLAGE

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Input: LOSS OF VALUE DUE TO WEAR AND TEAR OF THE PROPERTY? [GENERAL AGENT]

Output: PHYSICAL DEPRECIATION OR PHYSICAL DETERIORATION.

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Input: LOSS OF VALUE DUE TO OUTMODED EQUIPMENT, STYLE, ETC... [GENERAL AGENT]

Output: FUNCTIONAL OBSOLESCENCE

REAL ESTATE ARIZONA Flashcards - Cram.com


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

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

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

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


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

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

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


Input: IDENTICAL PARTY ACTUALLY WAIVED NECESSARY 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: Civil Procedure - elements of Collateral Estoppel if I PAWN something, I am precluded from taking issue if it gets sold.

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


Input: PURPOSEFUL EVIDENCE LAW INITIATION CAUSE ALTERNATIVE NATURE STATE'S BURDEN FORESEEABILITY 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: Civil Procedure - Minimum Contacts, Fair Play & Substantial Justice minimal contact with PELICANS does not make you Best Friends

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


Input: PLEADINGS INSUFFICIENCY CLAIM TRIABLE VENUE ALLEGATIONS LACK INDISPENSABLE DEFINITE 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: Civil Procedure - Challenging The Complaint Defendant PICT VALID reasons to challenge the complaint.

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


Input: DEFINABLE ECONOMY COMMONALITY ADEQUACY NUMEROSITY TYPICALITY 23(b) 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: Civil Procedure - Requirements for Certification of Class Action DECANT vintage 23(b) before you pour it into a class.

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


Input: DEPOSITIONS ADMISSIONS DOCUMENTS INTERROGATORIES EXAMINATIONS SUBPOENAS 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: Civil Procedure - Discovery Devices DADIES discover what you don't want them to know.

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


Input: MINIMUM contacts OPPORTUNITY PROPER service minimum contact with the state opportunity for defendant to be heard proper service of process upon defendant

Output: Civil Procedure - basic jurisdictional requirements The due process clause requires you to MOP up before jurisdiction can be asserted

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


Input: DOMICILIARY IN-STATE service AGENT LONG-ARM DOING business CONSENT 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: Civil Procedure - jurisdiction over corporations To obtain independent personal jurisdiction over defendant corporation, DIAL DC

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

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


Input: DERIVES revenue ENGAGES in conduct EXPECTS consequences REGULARLY solicits 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: Civil Procedure - long-arm jurisdiction over tortious conduct long-arm jurisdiction extends to non-resident tortious DEER

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


Input: DOMICILE ABANDONMENT DECREE separation AGREEMENT 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: Civil Procedure - jurisdiction over matrimonial action When DADA doesn't live in-state, mama can still seek maintenance and child support

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

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


Input: STIPULATE CAUSE ANSWER MOTION SUMMARY 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: Civil Procedure - Consent To Jurisdiction That lawyer SCAMS defendants into consenting to jurisdiction.

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


Input: MAILING IN-HAND COURT SUITABLE AGENT DILIGENCe 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: Civil Procedure - sufficiency of Service of Process MIC is SAD because he was properly served with process.

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


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

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

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

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


Input: 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

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

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

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


Input: AGENT PRINCIPAL OWNER of property PARTNER EMPLOYEE

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

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


Input: WRITTEN AMENDMENT SOLDIER/SAILOR LENGTHEN OBTAINING PAYMENT EQUITABLE DISABILITY/DEATH 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: Civil Procedure - claims not barred by tolling under Statute of Limitations The claim WAS time-barred but plaintiff LOPED into court anyway.

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


Input: SoF INFANCY/INCOMPETENCY DISCHARGED ESTOPPEL BARRED ARBITRATION RELEASE PAYMENT FAILURE to state a claim STATUTE of Frauds INFANCY or incompetency subject matter of claim DISCHARGED in bankruptcy proceeding ESTOPPEL (collateral estoppel or res judicata) claim BARRED by statute of limitations ARBITRATION and award RELEASE from claim by plaintiff PAYMENT by defendant FAILURE to state a claim upon which relief can be granted

Output: Civil Procedure - reasons to grant Motion to Dismiss In SIDEBAR, Plaintiff Finally admitted the claim should be dismissed.

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


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

Output: Civil Procedure - Provisional Remedies When a LIAR tells a LIE, the COP will FIND CJ because he's a SLOB.

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


Input: WORKER'S HAZARDOUS INTENTIONAL PROPERTY AUTOMOBILE RECKLESS OVER 50% DEATH WORKER'S compensation claims where employer is impleaded by defendant release of HAZARDOUS substance that results in harm to plaintiff INTENTIONAL tortfeasors remain 100% liable PROPERTY damage injuries caused by use, ownership or operation of AUTOMOBILE RECKLESS (grossly negligent) conduct causing injury OVER 50% responsible for plaintiff's injury wrongful DEATH judgments involving economic injuries

Output: Civil Procedure - considerations of court in assigning Joint & Several Liability The judge uses WHIP And ROD to assign joint & several liability.

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


Input: TLC - types of action that determine venue WASP MEN - claims involving property rights generally must be filed locally TLC: TRANSITORY action LOCAL action action to recover CHATTEL (replevin) WASP MEN: action for tort of WASTE ACTION involving leasehold SPECIFIC performance sought in real estate contract PARTITION of concurrent estates MORTGAGE foreclosure EJECTMENT action NUISANCE action

Output: Civil Procedure - Venue Venue is chosen with TLC, but if WASP MEN are on your land, you have to file locally.

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


Input: MENTAL ADMISSIONS INTERROGATORIES DEPOSITIONS PHYSICAL ADDRESSES INSPECTION DISCOVERY not held MENTAL exam request for ADMISSIONS written INTERROGATORIES DEPOSITIONS (aka "examination before trial") PHYSICAL exam demand for ADDRESSES INSPECTION of evidence DISCOVERY request for relevant evidence held by opposing party

Output: Civil Procedure - Discovery Devices the MAID must get PAID to discover evidence

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


Input: BROAD AMBIGUOUS COMPOUND ARGUMENTATIVE LEADING ASSUMING REDUNDANT MISQUOTE overly BROAD question AMBIGUOUS question COMPOUND question ARGUMENTATIVE badgering of witness LEADING question on direct exam ASSUMING fact not in evidence as part of question REDUNDANT question requiring cumulative response MISQUOTING prior statement by witness

Output: Civil Procedure - Objections To Method of Inquisition Poorly phrased questions set off the BAC door ALARM.

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


Input: JUDGMENT DISMISSAL RESOLUTION IMPOSITION PRECLUSION STRIKE order default JUDGMENT against defendant DISMISS action in favor of defendant force non-disclosing party to RESOLVE the issue causing non-disclosure IMPOSE attorney fees, costs of suit and fines PRECLUDE non-disclosing party from introducing related evidence STRIKE non-disclosing party's pleadings related to issues of non-discovery

Output: Civil Procedure - Sanctions during Discovery This Judge DRIPS hot wax as a sanction for misbehavior.

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


Input: SUBSTANTIVE DP PROCEDURAL DP EPC CIVIL rights IMMUNITIES FIRST AMENDMENT IRREBUTTABLE presumptions CONTRACTS retroactive LEGISLATION ECONOMIC taking Substantive due process Procedural due process Equal protection Civil rights Immunities granted to all citizens with regard to livelihood, employment, transfer of property, federally protected interests First amendment Irrebuttable presumptions of fact regarding constitutionally protected rights Contracts clause Legislation that is retroactive Economic taking w/o just compensation

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

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


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

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

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


Input: Safety Health Economic Social Welfare Aesthetic Moral ends Political

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


Input: Q-TIPS Quantity Time of performance Identification of parties Price Subject matter

Output: Contracts - Common Law Essential Contract Terms

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


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

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

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


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

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

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


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

Output: Contracts - Elements of Legal Relationship a TACO has all the ingredients to make a contract.

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

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


Input: INCAPACITY DEATH LAPSE EXPRESS rejection COUNTEROFFER ILLEGALITY DESTRUCTION EFFECTIVE mailbox REVOCATION Incapacity of offeror Death of offeror Lapse of time Express or implied rejection Counteroffer Intervening illegality Destruction of contract’s subject matter Effective termination under mailbox rule Revocation communicated to offeror before acceptance effective

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

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

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


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

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

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

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


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

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

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

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


Input: DECAF I - elements of parol evidence rule FOAM LID - parol evidence that will serve as a defense to formation reveal DEFENSE to contract formation EXISTENCE of a condition CONTRADICTS, varies or adds to integrated writing clarify ADDITIONAL terms (UCC) FINAL writing intended but not accomplished INTRODUCE consistent collateral subordinate agreement that would not normally be included in an integrated writing FRAUD ORAL condition precedent AMBIGUITY MISTAKE LACK of consideration ILLEGALITY DURESS

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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


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

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

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

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


Input: Government Running SoL Absence Misuse Preemption Assumption GOVERNMENT military & surplus contracts RUNNING of statute of limitations ABSENCE of privity of contract unforeseen MISUSE of a product federal PREEMPTION ASSUMPTION of risk

Output: Contracts - UCC Article 2 Defenses to Breach of Warranty GRAMPA can't be liable for breach of warranty.

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

Output: Criminal Law - Strict Liability Crimes If you pick a SCAB, you're strictly liable as a criminal.

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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

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

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


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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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!

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

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

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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

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

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).

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

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.

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

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

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

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)

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

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.

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

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.

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

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

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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!!!"

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

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.

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

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.

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

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.

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

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