Bar Mnemonics Thread Forum

[RaiRai]

Contracts/Sales:

When you order something (from Ebay, Amazon, etc) and you already accept it but it turns out later on to be defective, you become upset and sad (SADD) and you tell the seller you are revoking your acceptance of your order:

S - substantial impairment of the value of the goods; plus
A - assurances by seller that goods are conforming
D - defect would be cured by seller but has not been; or
D - difficulty in discovering the defect

Revocation of acceptance must be done within a reasonable time.

[Pleasye]

Just lol at me trying to remember these to remember the law.

This exam is cray.

Gaud!!!

[EaglesNation215]

Publication of facts putting plaintiff in False Light:

Views he does not hold
Offensive to a reasonable person
Publicity
Malice if in public interest

When someone puts you in false light you want to VOP'M over the head

[RaleighStClair]

Hearsay exception categories where unavailability is required.

"You've gotta be DAFT (stupid) to be unavailable at trial."

or

"DAFT Punk is always unavailable to play at my house."

D - Dying Declaration
A - Statement Against Interest
F - Forfeiture by Wrongdoing
T - Former Testimony

Or you can do DAFFT, with the additional F being the family lineage one but that doesn't really come up ever.

[Good Guy Gaud]

Hearsay exception categories where unavailability is required.

"You've gotta be DAFT (stupid) to be unavailable at trial."

D - Dying Declaration
A - Statement Against Interest
F - Forfeiture by Wrongdoing
T - Former Testimony

Or you can do DAFFT, with the additional F being the family lineage one but that doesn't really come up ever.

Ohh, I like this one. Muchas gracias.

[RaleighStClair]

Four Unities for a Joint Tenancy w/ Right of Survivorship

PITT

"If I swang that way, I would definitely want to have a unity with Brad Pitt."

P - Possession
I - Interest
T - Time
T - Title

[RaleighStClair]

Test for a violation of the Contracts Clause

LIRN

"States gonna LIRN not to violate the Contracts Clause. Oh yeah, you gon' LIRN."

L - Legitimate and
I - Important public interest.
R - Reasonable and
N - Narrowly tailored.

[RaleighStClair]

Standard for a regulation of speech in a Public or Designated Public Forum

CNN I ACC

"CNN is so horrible, when i hear 'CNN, I ACC' (throw up)."

C - Content
N - Neutral
N - Narrowly Tailored
I - Important Interest
A - Alternative
C - Channels of
C - Communication

[myrtlewinston]

Hearsay exceptions:

Mr. FIT Died and is unavailable:
Forfeiture by wrongdoing
Statement against Interest
Former Testimony
Dying declaration

MEI gave me 3 Presents and 2 Records at the NY PL:
Statements for the purpose of obtaining Medical diagnosis or treatment
Excited utterance
Statement of Intent
PRESENT sense impression, state of mind, physical condition
Business and public RECORDSd
NY: Past recollection recorded, Learned treatises

[bigbobbybass]

Congress' Authority to Regulate Interstate Commerce

Congress Is Everywhere

Channels
Instrumentalities
Economic activities

[rhs100]

Shopkeeper’s privilege gets a reasonable MaN BIT
1) Reasonable manner and non-deadly force
2) Reasonable belief
3) Reasonable time (duration) and for investigation only

[redblueyellow]

Got this one last exam from someone on TLS: F*ck NBC for the Insane Delusion requirement in Wills

F - testator had a False Belief
N - No evidence to support false belief
B - Belief was a product of a sick mind
C - Causation (the sick belief affected the will)

[redblueyellow]

BTRIPS ("B*tch Trips): Valid Trust Requirements

B - beneficiary
T - trustee
R - res
I - intent
P - purpose
S - settlor

[redblueyellow]

MESH - Support Trust requirements:

M - maintenance
E - education
S - support
H - health

[redblueyellow]

ABC - Requirements for a principal-agent relationship

A - assent
B - benefit (of principal)
C - control (by principal)

[EaglesNation215]

1st AMENDMENT FREEDOM OF EXPRESSION – PORNOGRAPHY

MILLER TEST – PP SLAP


Prurient interest

Patently offensive 

SLAP - Lacks any serious Social, Literary, Artistic or Political value.

[redblueyellow]

How a Tenancy at Will can end: WALT D (Walt Disney)

1. Waste (committed by tenant)
2. Assignment of lease (by landlord)
3. Lease (by LL)
4. Transfer of title (by LL)
5. Death (any party)

[redblueyellow]

SCALP - Landlord tort liabilities

S - seasonal or short term leases (furnished)
C - common Areas
A - assumption of risk (for repairs and such)
L - latent defects
P - Public use (if LL knows there is public use and tenant won't fix issues)

[RaleighStClair]

Requirements to Incorporate a Document by Reference (Wills)

EDM music sucks almost as much as studying wills.

E- The document must be in existence at the time the will was executed;
D - The will must sufficiently describe the writing to permit its identification;
M - The will must manifest an intention to incorporate the writing.

[EaglesNation215]

Automobile Stops:

A. For Special law enforcement needs - Set up roadblock.

To be valid roadblock must:

1) Stop cars on basis of some neutral, articulable standard - NAS
2) Be designed to serve purposes closely related to a particular problem related to automobiles and their mobility. Car related

Simplify: Neutral standard + Problem related to mobility of automobiles

Think of NASCar (the racing league) and the funny situation of setting up a roadblock on the race track.

B. To stop car - Reasonable suspicion that some law has been violated.

[RaiRai]

gotta look for old mnemonics i got from jdjive days

[RaleighStClair]

Methods of Service of Process

"That ****ing plaintiff just SPAMS me with service of process."

S - Substituted Service
P - Personal Service
A - Authorized Agent
M - Mail (if service waived)
S - State law (where fed ct sits or where service is effected)

[Redamon1]

^ Nice!

Exceptions to Double Jeopardy: prosecutors are CHAMPS
Civil trial subsequent to criminal proceeding
Hung jury
Appeal is successful
Manifest necessity
Plea bargain breached by D
Sovereigns are different

4 kinds of state laws clearly substantive under Erie: Can The State Enforce?
Conflict of laws
Tolling of SOL
SOL
Elements of a claim or defense

The kinds of discovery sanctions a court can impose: plant the SEEDD with the court.
Strike pleadings
Establish facts as true (establishment order)
Enter default judgment (if bad faith)
Disallow evidence
Dismiss plaintiff’s case (if bad faith)

Rights of partners in a partnership: Make It Rain; Let It Come Down
Management
Indemnification
Remuneration
Lawsuits
Inspection
Contribution
Distribution

[Redamon1]

And a couple more:

For the burden of covenants to run with the land: Hopefully I Will Control The Neighbor's Villa
Horizontal privity
Intent
Writing
Touch & Concern
Notice
Vertical privity

For the benefit of covenants to run with the land: Transferee Will Cash In Vicariously
Touch & Concern
Writing
Intent
Vertical privity

[Calicakes]

1st AMENDMENT FREEDOM OF EXPRESSION – PORNOGRAPHY

MILLER TEST – PP SLAP


Prurient interest

Patently offensive 

SLAP - Lacks any serious Social, Literary, Artistic or Political value.

I use this one too. Makes it easy to remember porn. Slap that PP. LOL.