Bar Mnemonics Thread Forum

[Rap Genius]

This thread is so helpful. Though I wish there was a quick easy way to organize these Mnemonics... Like the google docs idea above.

[squiggle]

Here's a great post in another forum with a TON of mnemonics: http://all4jds.com/forums/aft/21481. I attempted to copy and paste the post's content, but it won't work for some reasons. It may be a good starting point for a google doc, as it is already arranged by topic.

[pinaylawyer]

Products Liability

MAD For U

Defendant is Merchant
Not Altered when it left def hand's
Product is Defective
Foreseeable Use

Attactive Nuisance

Dangerous condition
Injury
Children within the vicinity
Knows dangerous condition

thanks guys for making it fun in a way

[Rap Genius]

Here is my attempt:

MBE SUBJECTS

I . CONSTITUTIONAL LAW
1. Types of “Commerce” that Congress Can Regulate = “CIA”
a. C - Channels of interstate commerce
b. I - Instrumentalities of Interstate commerce
c. A - Aggregate effect of activities substantially effect interstate commerce.
2. Implied Preemption of State Law = “I3”
a. I - Impossible compliance (with both)
b. I - Intent to preempt is clear
c. I – Impedes objective (state law defeats federal law’s purpose)
3. Test regarding 1st Amendment v. Sexually oriented speech = “LAMP”
a. LA – Lacking Artistic, political, or other value
b. M – Morbid interest in sex is being appealed to
c. P – Patently offensive.
4. Establishment Clause Test = “SEX”
a. S – Secular purpose
b. E – (primary) Effect must be neither to advance nor prohibit religion
c. X – (not) Xcessive.
5. Review in which State need “Important Gov’t Interest” = “PUNKS DIG PCs”
a. P – Privileges & Immunities Clause of Article IV
b. U – Undocumented alien children
c. N – Neutral speech restrictions
d. K – Contracts Clause (w/ non-governmental contracts)
e. S – Symbolic Speech restrictions
f. D - Dormant commerce clause (+ not undue burden on interstate commerce)
g. I – Illegitimate children
h. G – Gender based laws (Equal protection clause)
i. P – Public forum restrictions on neutral speech
j. C – Commercial Speech restrictions
II. CONTRACTS
1. UCC Contracts in which new terms may be included in the contract = “2MOM”
a. 2M – 2 Merchants
b. O – Objection was not made to additional term
c. M – (not) Material term
2. Contracts falling within the Statute of Frauds = “MYLEGS”
a. M – Marriage contracts
b. Y – Year + for performance
c. L – Land sale contracts
d. E – Executor agreements
e. G – Goods for $500 or more
i. EXCEPTIONS= “T-MAC”
1. T – Testimonial admission (or deposition)
2. M – Merchant confirmation (w/ quantity and w/o objection)
3. A – Accepted Goods
4. C – Custom made goods
f. S – Suretyship agreements (where surety not benefiting {MBE ONLY})
3. Exceptions to the perfect tender rule = “AEI? Then IOU.”
a. A – Acceptance (with inspection)
b. E – Expired time (if not, or if consistent with course of dealing, option to cure)
c. I – Installment contracts
4. Requirements for a Lease under NY UCC 2a = Larry’s Queer Dad Pays for Sex”
a. L = “Lease” is stated
b. Q = Quantity
c. D = Duration
d. P = Price
e. S = Signed by the lessee
III. CRIMINAL LAW
1. Cases in which there is a duty to act = “CRAPS”
a. C – Contractual duty
b. R – Relationship
c. A – Assumption of duty
d. P – Peril created by Δ
e. S – Statutorily imposed duty
2. Specific Intent Crimes = “Big Red FACEFLAPS”
a. B – Burglary
b. R – Robbery
c. F – Forgery
d. A – Attempt
e. C – Conspiracy
f. E – Embezzlement
g. F – False pretenses
h. L – Larceny
i. A – Assault
j. P – Premeditated Murder
k. S – Solicitation
3. NY Felony Murder eligible crimes = “BRAKES”
a. B – Burglary
b. R – Robbery
c. A – Assault
d. K – Kidnapping
e. E – Escape
f. S – Sexual Assault
4. Common Law Burglary Elements = “IN BED”
a. I – Intent to commit felony inside
b. N – Nighttime
c. B – Breaking
d. E – Entering
e. D – Dwelling
5. Extra requirements for Wiretapping warrant = “Screen Telephone Calls Carefully”
a. S – Suspected persons named in the warrant
b. T – Time period of the duration of tapping
c. C – Crime specified which the tapping is intended to uncover
d. C – Conversations that can be overheard
IV. EVIDENCE
1. Permissible use of Specific Crimes Evidence = “MIMIC”
a. M – Motive
b. I – Intent
c. M – Mistake (absence thereof)
d. I – Identity (including modus operendi)
e. C – Common plan or scheme
2. Self Authenticating documents = “CONTACC”
a. C – Certified copies of public or private documents on file in public office
b. O – Official publication
c. N – Newspapers/periodicals
d. T – Trade inscriptions and labels
e. A – Acknowledged documents (e.g., notarized)
f. C – Commercial paper
g. C – Certified business records
3. Escapes from the Best Evidence Rule = “PVC”
a. P – Public records (if certified)
b. V – Voluminous records
c. C – Collateral documents
4. Hearsay exceptions that require unavailability = “DIFF”
a. D – Dying declarations
b. I – Interest (declaration against)
c. F – Former testimony
d. F – Forfeiture
5. Grounds for “Unavailability”:
a. MBE = “PRIMA”
i. P – Privilege is invoked (not by Δ)
ii. R – Refusal to testify
iii. I – Incapacity, Infirmity, Death
iv. M – Memory is lacking
v. A – Absence from the jurisdiction (including incarceration)
b. NY = “3D PAD”
i. D – Dr.’s former testimony only (CIVIL ONLY)
ii. D – Dead man statute precludes the testimony.
iii. D – Distance of 100 miles or more to courthouse (CIVIL ONLY)
iv. P – Privilege
v. A – Absent or incarcerated
vi. D – Dead, ill, infirm.
6. Business Records Exception to the Hearsay Rule = “KRAP”
a. K - Kept in a place where normally placed
b. R – Regular practice in the business to make such records
c. A – (record made) At or near the time of the event recorded
d. P – Personal knowledge of the maker or one who had duty to report to writer
7. Factors for the introduction of scientific evidence = “PETA”
a. P – Peer reviewed/Published?
b. E – Error rate that is known?
c. T – Tested methodology?
d. A – Accepted generally in the relevant field?
V. REAL PROPERTY
1. Freehold Estate Terminology = “FSD POR”
a. Fee Simple Determinable (Always joined with)
b. Possibility Of Reverter
2. Four Exceptions to “Voluntary Waste” by life tenant = “PURGE”
a. PU - Prior Use (and open mines doctrine)
b. R – Repairs
c. G – Granted explicitly by grantor
d. E – Exploitation is the only suitable use for the land
3. Requirements for the Creation of a Joint Tenancy = “T-TIP”
a. T – Time (given at the same time)
b. T – Title (same title granting the rights)
c. I – Interest (equal)
d. P – Possession (right to possess the whole)
4. Elements required to establish constructive eviction = “SING”
a. SI – substantial interference
b. N – Notice is given to the landlord
c. G – Goodbye (tenant must vacate due to the failure of the LL to remedy the problem)
5. Exceptions to general rule that LL is not liable for torts to tenant on the property = “CLAPS”
a. C – Common areas
b. L – Latent defects (that LL knew or should have known about)
c. A – Assumption of duty to repair must be done with reasonable care
d. P – Public use rule (bec. of length of lease, LL should have known that T won’t repair)
e. S – Short term lease of public dwelling
6. Types of negative easements that are permissible = “LASS (S)”
a. L – Light
b. A – Air
c. S – Support
d. S – Streamwater from artificial flow
e. (S) – Scenic view (minority of jurisdictions)
7. Ways of creating affirmative easements = “PING”
a. P – Prescription
b. I – Implication
c. N – Necessity
d. G – Grant
8. Ways of Terminating easements = “END CRAMP”
a. E – Estoppel
b. N – Necessity terminates
c. D – Destruction (of servient land)
d. C – Condemnation of the servient estate
e. R – Release (in writing)
f. A – Abandonment (w/ physical action)
g. M – Merger of dominant & servient lands
h. P – Prescription
9. Covenants & Servitudes and their ability to continue to subsequent owners
a. For the BURDEN to run = “WITHIN”
i. W – Writing
ii. I – Intent that covenant’s burden will run (by both parties)
iii. T – Touches and concerns the land
iv. H – Horizontal and vertical privity
v. N – Notice by the subsequent servient landowner (A/I/R notice)
b. For the BENEFIT to run = “WITV”
i. W – Writing
ii. I – Intent that covenant’s benefit will run (by both parties)
iii. T – Touches and concerns the land
iv. V – Vertical privity (non-hostile nexus between parties)
c. For EQUITABLE SERVITUDES to run = “WITNES”
i. W – Writing
ii. I – Intent that covenant’s burden will run (by both parties)
iii. T – Touches and concerns the land
iv. N – Notice by the subsequent servient landowner (A/I/R notice)
v. ES – Equitable servitude
10. Defects in title that make title “unmarketable” = “MAZES”
a. M – Mortgage on the land (unless seller will pay off via sale proceeds)
b. A – Adversely possessed land is included in contract (w/o title declared)
c. Z – Zoning violation
d. E – Easements on the land
e. S – Servitudes on the land
11. “Real defenses” that defeat HDC of mortgage /commercial paper = “MAD FIFI4”
a. MA – Material Alteration of the document
b. D – Duress
c. FIF – Fraud In the Factum
d. I – Incapacity
e. I – Illegality
f. I – Infancy
g. I – Insolvency
VI. TORTS
1. Slander Per Se Categories = “BUMS”
a. B – Business related matters
b. U – Unchastity to a woman
c. M – Moral turpitude related crime that Plaintiff allegedly committed
d. S – Sexually transmitted loathsome diseases
2. Situations in which there is an affirmative duty to rescue = “CRAPS” (see above (Criminal Law))

[Rap Genius]

Here's a great post in another forum with a TON of mnemonics: http://all4jds.com/forums/aft/21481. I attempted to copy and paste the post's content, but it won't work for some reasons. It may be a good starting point for a google doc, as it is already arranged by topic.

Thanks, see above.

[0lol]

nice

[pinaylawyer]

having trouble with Comm prop and all those formulas!

Separate property
BADGER Property
Before marriage
Acquire During marriage by
Gifts will inheritance
Expenditure of separate funds
Rents issues profits from SP

[jdmonkey]

Is the commercial paper negotiable?
WOSSUPP

Writing
payable to Order or bearer
Signed by maker/drawer
Sum certain
Unconditional promise to pay
Payable on demand or fixed time
Payable in money

[Br3v]

Full disclaimer: I have not read this thread


Does anyone have one for which hearsay exceptions require unavailability?

In return I offer you one to remember the requirements for a trust
PAC-FI

Permissible Purpose
Ascertainable beneficiaries
identifiable Citus
Formalities
Intent

[Br3v]

Just saw it above
DIFF

[ndp1234]

Got one for objections to questioning - CANALS. I think about the canals of information
Compound
Assumes facts not in evidence
Narrative (calls for)
Argumentative
Leading
Scope (beyond)

[LurkerTurnedMember]

Rule 23 Class Actions

Mnemonic: I Can't P

Can't = Commonality, Adequacy, Numerosity, Typicality (the requirements for all class actions)

I Can't P = Injunction, Common question, Prejudice (three types of class actions)

And which one's the only one that requires notice? The one represented by the biggest word = can't = common question predominate such that class action superior to joinder.

[LurkerTurnedMember]

Full disclaimer: I have not read this thread


Does anyone have one for which hearsay exceptions require unavailability?

In return I offer you one to remember the requirements for a trust
PAC-FI

Permissible Purpose
Ascertainable beneficiaries
identifiable Citus
Formalities
Intent

iPad = Prior Testimony, (Statements) Against interest, Dying declarations ... the i is just there to make the word iPad so you remember it easier than just Pad.

[tuckandlew]

Just a few I have made up along the way ...

Elements of kidnapping - CAMOH (think camo but with an H)
Confinement of a person
Against their will, plus either
Movement
Or
Hiding that person

Defects to a Marketable Title - FAVES (these are not my faves)
Future interests without agreement
Adverse Possession, unquieted
Violation of zoning ordinance
Encumbrance
Serious Physical Defect

Non-Marital Property - BAGS (think baggage)
Before Marriage (acquired before)
Agreed that it is non-marital
Gift or Inheritance
Separation (acquired after)

Denial of Public Employment - ASKS
Active member of
Subversive organization
Knowledge of group's illegal activities
Specific intent to further those activities

Complete Auto Test - FANS (think FANS of nascar or something)
Fair relationship to services provided
Apportionment (fair)
Nondiscrimination
Substantial Nexus

[bmax]

For you 30 Rock fans...

Test for Establishment Clause violations (Lemon Test)

Liz Lemon thinks Devon Banks (Will Arnett) is an APE

1. It must have as its primary effect neither the Advancement nor inhibition of religion.
2. The statute must have a secular Purpose.
3. It must not foster excessive government Entanglement with religion.


...Kind of a stretch.

[0lol]

AP: Chao, as in, "good bye"

Continuous (possession for duration of stat period)
Hostile (without permision)
Actual/Exclusive (actually occupies without sharing)
Open/Notorious (sufficiently appernt to give notiec)

[ClubberLang]

Adverse Possession:

A Hooker ON Every Corner

[MsAvocadoPit]

To remember the difference between licensee and invitee...

Licensee = Let's party! (because he's a social guest)

Invitee = income generating (confers economic benefit)

[sittin_pretty]

BUMP! (& my first post. Prepping for February California bar over here)

I came up with a few evidence mnemonics today. Here they are:
______

Presumptions that shift the burden of production: DC LASS CRAMS & then BAILS.

D river = owner or agent
C hastity

L egitimacy
A gainst
S uicide
S ane

C ontinuous
R egularity
a
M arriage is valid
S even years missing = dead

& BAILees negligence presumption.
______

Judicial notice: Jerk your kNee? "LiMP or FALL?" I ASK.

J udicial
N otice of

L aw is either
i
M andatory or
P ermissive. Judicial notice of

F act is either
A djucicatory or
L egislative. If adjudicative, they must be

I ndisputable facts that capable of verification through easily

A ccessible
S ources, or are a matter of common
K nowledge.

_____

Improper questions during witness exams (other than leading): CACHE CAFE

C ompound
A rgumentative
C onclusory
H arassing/unduly
E mbarrassing

C alls for speculation
A ssumes
F acts not in
E vidence

_____

How to impeach: I BeCome BRSC (pronounced "I become brisk" <--as one does during impeachment)

I nconsistent statements (prior)

B ias/interest
e
C onviction
a
m
e

B ad acts (prior)
R eputation for/opinion re. truthfulness
i
S ensory deficiencies
C ontradictory facts
_____

Authentication rules for some specific types of documentary evidence: HARP EXAm

H andwriting verification
A ncient docs
R eply letters
P hoto

E yewitness testimony
X rays
A dmission in pleadings/stips/other admission by OP e.g., by acting as if authentic
m

_______

Hearsay exceptions -- Declarant availability immaterial: PREPS PBJ on Ancient & Learned FARM Property

P resent sense impression
R ecorded recollection
E xcited utterance
P resent & past bodily condition (different rules)
S tate of mind (then-existing)

P ublic records
B iz records
J udgments

Ancient docs
Learned treatises

F amily records
a
R eputation evidence
M arriage records

Property records

______

Constitutional hearsay issues: CC + CD DUCC Test unless WhAcK.

C onfrontation
C lause +

Even if otherwise admissible, hearsay is inadmissible against a

C riminal
D efendant, or if

D eclarant is
U nvailable, and the statement
C ouldn't be
C rossed before & during trial, or if statement is

T estimonial. Except none of these exceptions apply if it was defendant's

W rongful
A ct that
K ept the witness from testifying.
_____

Witness competency: PC ORCA POII

P resumed
C ompetent, but must generally possess capacity to

O bserve, to
R ecollect, to
C ommunicate, and to
A ppreciate the obligation to speak truthfully.

(FRE limits):
P ersonal knowledge
O ath re. truthful testimony

(modern modifications):
Infancy
Insanity
________

& this one only works for the Cali bar.

Hearsay exceptions -- Declarant unavailble: FAD? FU(C)CIT!

F ormer testimony
A gainst interest (statement)
D ying declaration

F amily history
U navailability caused by party offered against. & in
(Cali),
Condition (physical/mental) if at Issue
Trustworthy statement re. injury/threat

[sittin_pretty]

One more... the best of all!
DONALD TRUMP CAN'T (be) PRESIDENT. HE'S TOO CRAZY.
Mnemonic device for memorizing other reasons evidence should be excluded: Donald Trump Can't (be) President. He's Too Crazy. DTCPHTC.

D iscretionary exclusion under Rule 403
T oo remote
C haracter evidence (unless they MIMIC SADE, then ok)
P ublic policy reasons
H earsay
T estimonial privilege
C onstitutional exclusion

[sittin_pretty]

Alternatively, if the constitutional exclusion rule is categorized as a subset of hearsay rules,
DONALD TRUMP CAN'T BE PRESIDENT. HE'S A TYRANT.
DTCPHT.

D iscretionary exclusion
T oo remote
C haracter
P ublic policy
Hearsay
T estimonial privilege

[CalBar3Day]

Adverse Possession:

A Hooker ON Every Corner

This. Thanks for the laugh during this nightmare of bar study.

[sittin_pretty]

On to Real Property.

TICS have no right to survive.

Tenants in Common have no survivorship rights.

Not a mnemonic device, but helpful anyway.

[sittin_pretty]

Mnemonics for easements & covenants running with the land:
______________

Easements are easy as PIE to create, and to destroy them, just STATE that the easement is coming to its END RAMP.

Creation:

P rescription (like adverse possession)
I mplicit (necessity/existing use)
E xpress

Destruction:

Stated conditions
or
E stoppel
N ecessity ends
D estroyed/condemned

R elease by deed
A bandonment
M erger of O's properties
P rescription

_____________

Covenants running with the land: Hopefully I will Control the New Villa!

H orizontal privity
I ntent
touches & C oncerns the land
N otice to subsequent purchaser
V ertical privity

[sittin_pretty]

We are GENERALLY FUCCed.
To remember requirements for GENERAL damages: FUCC.
F oreseeable
U navoidable
C ertain
Causal.
___________

D.C. Saved IF Democrats win.
To remember specific performance requirements: D.C. Saved IF Democrats (to win specific performance).

D efinite and
C ertain terms in contract
S atisfaction/performance by P
I nsufficient legal remedy
F easible enforceability
D efenses don't apply
___________

BALANCE restored IF Democrats win.
To remember permanent injunction requirements:

BALANCE hardships + same IFD as above.