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642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Civil Procedure - long-arm jurisdiction over tortious conduct long-arm jurisdiction extends to non-resident tortious DEER derives substantial revenues from goods used/consumed or services rendered in-state engages in persistent course of conduct in-state expects (or reasonably should expect) that tortious acts would have consequences in-state AND defendant derives substantial revenues from interstate/int'l business regularly solicits in-state business | DERIVES revenue ENGAGES in conduct EXPECTS consequences REGULARLY solicits | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Civil Procedure - jurisdiction over matrimonial action When DADA doesn't live in-state, mama can still seek maintenance and child support state was most recent marital DOMICILE of parties ABANDONMENT took place in-state claim for support accrued under state DECREE or law parties executed a separation AGREEMENT in-state | DOMICILE ABANDONMENT DECREE separation AGREEMENT | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Civil Procedure - Consent To Jurisdiction That lawyer SCAMS defendants into consenting to jurisdiction. STIPULATE in open court, pleading, contract or letter assert unrelated CAUSE of action in answer serve an ANSWER that fails to raise JX objection or claiming improper service while failing to move for summary judgment MOTION to dismiss that fails to raise JX objection motion for SUMMARY judgment on related cause of action (seeking affirmative relief in-state) | STIPULATE CAUSE ANSWER MOTION SUMMARY | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Civil Procedure - sufficiency of Service of Process MIC is SAD because he was properly served with process. MAILING process to defendant who must then consent to such service IN-HAND personal delivery to the named defendant COURT authorized method of service of process delivered to person of SUITABLE age & discretion at last known address (then mail copy & file) AGENT service due DILIGENCE (nail, mail & file) | MAILING IN-HAND COURT SUITABLE AGENT DILIGENCe | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Civil Procedure - Service on Corporations DOGMA dictates who to serve process on a corporation. | DIRECTOR OFFICER GENERAL Agent (e.g. cashier) MANAGEMENT AGENT authorized by corporation, whether expressly, impliedly or by estoppel | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Civil Procedure - Motion To Vacate Default Judgement It takes 1 REAM of paper to get a default judgment vacated. | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Civil Procedure - Joinder of Parties on the basis of Vicarious Liability A POPE is held liable for the acts of others. | AGENT PRINCIPAL OWNER of property PARTNER EMPLOYEE | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Civil Procedure - claims not barred by tolling under Statute of Limitations The claim WAS time-barred but plaintiff LOPED into court anyway. WRITTEN acknowledgment by defendant of a time-barred valid debt AMENDMENT of pleading to add a time-barred claim SOLDIER and SAILOR relief act parties agree to LENGTHEN the timeframe OBTAINING personal jurisdiction over an out-of-state defendant who would not consent to service of process partial PAYMENT by defendant of a time-barred valid debt EQUITABLE estoppel DISABILITY or DEATH of plaintiff | WRITTEN AMENDMENT SOLDIER/SAILOR LENGTHEN OBTAINING PAYMENT EQUITABLE DISABILITY/DEATH | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Civil Procedure - reasons to grant Motion to Dismiss In SIDEBAR, Plaintiff Finally admitted the claim should be dismissed. 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 | SoF INFANCY/INCOMPETENCY DISCHARGED ESTOPPEL BARRED ARBITRATION RELEASE PAYMENT FAILURE to state a claim | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Civil Procedure - Provisional Remedies When a LIAR tells a LIE, the COP will FIND CJ because he's a SLOB. 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 | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Civil Procedure - considerations of court in assigning Joint & Several Liability The judge uses WHIP And ROD to assign joint & several liability. 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 | WORKER'S HAZARDOUS INTENTIONAL PROPERTY AUTOMOBILE RECKLESS OVER 50% DEATH | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Civil Procedure - Venue Venue is chosen with TLC, but if WASP MEN are on your land, you have to file 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 | TLC - types of action that determine venue WASP MEN - claims involving property rights generally must be filed locally | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Civil Procedure - Discovery Devices the MAID must get PAID to discover evidence 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 | MENTAL ADMISSIONS INTERROGATORIES DEPOSITIONS PHYSICAL ADDRESSES INSPECTION DISCOVERY not held | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Civil Procedure - Objections To Method of Inquisition Poorly phrased questions set off the BAC door ALARM. 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 | BROAD AMBIGUOUS COMPOUND ARGUMENTATIVE LEADING ASSUMING REDUNDANT MISQUOTE | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Civil Procedure - Sanctions during Discovery This Judge DRIPS hot wax as a sanction for misbehavior. 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 | JUDGMENT DISMISSAL RESOLUTION IMPOSITION PRECLUSION STRIKE | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Civil Procedure Reasons Why An Arbitration Award May Be Vacated The arbitrator was BLAMED so his judgment was vacated. 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 | BIAS LACKED ARTICLES MISCONDUCT EXCEEDED DEMAND | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Commercial Paper Elements of Negotiability Rights of Holder in Due Course WOSSUPP! if WE FUC, you'll get DAFFIDILS. 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 | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Constitutional Law - Limitations on Judicial Power a federal judge cannot SMAC or RAPE. | STANDING MOOTNESS ABSTENTION for independent state grounds Case in CONTROVERSY RIPENESS ADVISORY opinion POLITICAL questions (republican form of government) ELEVENTH Amendment | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Constitutional Law - Limitations on Legislative Power As your congressman, I SWAP CAPITAL for DEFICIT. | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Constitutional Law - Presidential Power The president can eat at PF chang's with one CAVEAT. 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 | PARDON FOREIGN COMMANDER APPOINTMENT VETO EXECUTIVE ADVISE TREATY | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Constitutional Law Limits to Exercise of Power by Government You must SPECIFICLE state how the government violated your constitutional rights. 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 | SUBSTANTIVE DP PROCEDURAL DP EPC CIVIL rights IMMUNITIES FIRST AMENDMENT IRREBUTTABLE presumptions CONTRACTS retroactive LEGISLATION ECONOMIC taking | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Constitutional Law Due process - Fundamental Liberties Courts strictly scrutinize government action involving a STAR VP CAMPER. 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 | STAR VP - six fundamental freedoms CAMPER - privacy rights | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Constitutional Law - Takings Valid Public Purpose 5th Am. - Fed / 14th Am. - State/Local SHE validly took the SWAMP by eminent domain. | Safety Health Economic Social Welfare Aesthetic Moral ends Political | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Constitutional Law - Equal Protection Strict Scrutiny Suspect Classes The government RAN out of class when the judge strictly scrutinized its behavior. | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Constitutional Law - Preemption by Federal Law Federal law can PUSH around state law. | PERVASIVENESS UNIFORMITY of federal regulatory scheme SIMILARITY between laws not HISTORICALLY left to State | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Constitutional Law - Dormant Commerce Clause (limitation on state action) Nonresident Statutes Are Rude. 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 | NONDISCRIMINATORY SUBSTANTIAL nexus APPORTIONED RELATEDNESS | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Constitutional Law - Obscenity The porn on Miller's LAPTOP is not obscene in the privacy of his home unless it includes kiddie porn. 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 | Miller v. California LAPTOP | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Constitutional Law Unavailability of Privileges & Immunities claims if U don't give a CRAP, you can't claim privileges & immunities. | UNITED STATES government CORPORATIONS RESIDENTS of the state whose law is being challenged ALIENS PARTNERSHIPS | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Constitutional Law - Limitation on State Action (14th & 15th Am.) the State's PLEA fell on deaf ears 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 | SHELLEY V. KRAMER PUBLIC functions LICENSING ENCOURAGMENT AID | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Constitutional Law - Establishment Clause Violations Church and state can't PEE in the same urinal. | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts - Subject Acrostic covers Common Law & UCC Sales Forty Drunk Pirates Drank Beer Then Ran | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts - Common Law Essential Contract Terms Quantity Time of performance Identification of parties Price Subject matter | Q-TIPS | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts - Applicability of Statute of Frauds a fake ORGASM violates the statute of frauds 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) | ONE year REAL estate GOODS >$500 ADMINISTRATOR SURETY MARRIAGe | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts Exceptions to Statute of Frauds No writing necessary if the deal is made in a SWAMP. 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 | SPECIALLY Mfg WAIVER ADMISSION MERCHANT MEMO PARTIAL performance | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts - Elements of Legal Relationship a TACO has all the ingredients to make a contract. definite TERMS, express or implied ACCEPTANCE of terms CONSIDERATION - bargained for legal detriment and/or benefit flowing OFFER inviting acceptance | TERMS ACCEPTANCE CONSIDERATION OFFER | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts - Termination of Offer Don't offer IDLE CIDER that's expired. 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 | INCAPACITY DEATH LAPSE EXPRESS rejection COUNTEROFFER ILLEGALITY DESTRUCTION EFFECTIVE mailbox REVOCATION | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts - Termination of Options three ways options can DIE | DESTRUCTION of subject matter of option INTERVENING illegality EXPIRATION of stated option time | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts - Defenses to Formation IF (I) C SCUM, this contract never happened. | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts - Parol Evidence Rule DECAF Includes parol evidence but a FOAM LID keeps the contract from forming. 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 | DECAF I - elements of parol evidence rule FOAM LID - parol evidence that will serve as a defense to formation | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts - Discharge of Duty to Perform IF A NIMROD is discharged of his duty to perform, so are you. | IMPRACTICABILITY FRUSTRATION of purpose ACCORD and satisfaction NOVATION IMPOSSIBILITY MODIFICATION RESCISSION (mutual) OCCURRENCE of condition subsequent DEFENSE to formation | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts Excuse of Conditions & Discharge of Duty to Perform WIVES PAD their pockets with excuses to get out of contracts. 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 | WIVES PAD these conditions excuse performance | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts - Formation by Quasi-Contract I painted your CURB so you owe me. | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts - UCC Article 2 Material Alteration of Offer A merchant that WARPS my offer with his reply memo makes me Just Livid. 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) | WARRANTY ARBITRATION RISK of loss PAYMENT SHORTENING SoL JURISDICTION LIABILITY waiver | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts - UCC Article 2 Implied Terms in Sales Contracts I CITE the UCC to prove implied terms. 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 | INSPECTION CREDIT INSURANCE TENDER EXCHANGE UNIFORM COMMERCIAL CODE | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts - UCC Article 2 Seller's Remedies for Buyer's Breach When the buyer is a K LAPSER, seller has remedies. 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 | KEEP deposit LOST profit ASSURANCES PRICE STOP goods EXERCISE reclamation RESELL | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts - UCC Article 2 Buyers Remedies for Seller's Breach a buyer Can Revoke Security or WAIT when seller breaches. 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 | CANCEL REVOKE SECURITY WITHHOLD $ ACCEPT & recover $ INADEQUATE = demand TENDER & claim | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts - UCC Article 2 Warranties warranties are Fully TEAMED with goods sold. 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 | FITNESS TITLE ENCUMBRANCES AFFIRMATIONS MERCHANTABILITY EXPRESS warranties as DESCRIBED | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Contracts - UCC Article 2 Defenses to Breach of Warranty GRAMPA can't be liable for breach of warranty. GOVERNMENT military & surplus contracts RUNNING of statute of limitations ABSENCE of privity of contract unforeseen MISUSE of a product federal PREEMPTION ASSUMPTION of risk | Government Running SoL Absence Misuse Preemption Assumption | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Corporations - Piercing The Corporate Veil TWIST the knife to pierce the corporate veil. 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. | TEN sh WORKER's comp ILLEGALITY SALES/corp tax unpaid TORTIOUS acts | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Corporations - Contents of Articles of Incorporation. It's A PAIN to write the articles of incorporation. | AUTHORIZED shares PURPOSE AGENT authorized to receive service of process INCORPORATORS NAME and address of corporation | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Corporations - Contents of Certificate of Incorporation the corporation's certificate of incorporation lists PVT MCLAW 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 | PREEMPTIVE rights VALUE of par TRANSFER restrictions MAJORITY CUMULATIVE voting LESS than maj to dissolve sh AGREEMENTS at WILL | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Corporations Actions Requiring Shareholder Approval Shareholders deserve A DAMN SALAD if the corporation makes a big change. 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 | AMENDMENT DISSOLUTION ASSET MERGER NAME SURETY AGENT LOCATION ABOLISHING liability DIRECTOR loans | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Corporations - Appraisal Rights of Shareholders if PAM C dissents, she gets appraisal rights. 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 | PREEMPTIVE ASSET MERGER CUMULATIVE | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Corporations - Appraisal Right Valuation The court will AIM for fair value in determining appraisal rights. 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) | ASSET INVESTMENT MARKET | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Corporations - Duties of Directors & Officers Directors & Officers who get SUED For being OLD can fire a FLARE. 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 | SUED - types of conflict of interest FOLD - usurpation of corporate opportunity tests FLARE - defenses to usurping corporate opportunity | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Corporations - Actions of Directors that cannot be indemnified Directors can't be indemnified for RIBALD Gains. 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 | REDEMPTION INTENTIONAL misconduct BAD faith ASSETS before creditors improper LOAN DIVIDEND unjust GAIN | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Corporations - Shares With No Preemptive Rights If your shares have a STAMP, you don't have preemptive rights. 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 | STOCK INCENTIVES TREASURY AUTHORIZED w/in 2 yrs MERGER PURCHASE w/o cash | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Corporations - Irrevocable Proxy Voting Rights You can't revoke a proxy for PEACE. 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 | if PLEDGED not ENTITLED AGREEMENT by sh CREDITOR EMPLOYEE w/proxy | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Corporations - Elements of 10b-5 Stock Transfer Liability In the MIDST of the STORM, it feels like a category 10b-5. 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 | MATERIAL fact INTERSTATE DAMAGES STANDING TIPPER/TIPPEE SCIENTER TARGETED sh OMISSION RELIANCE MISSTATEMENT | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Corporations - Liability Under Sarbanes-Oxley Get the BAD TIC out of your SOx. 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 | BANNED loans ATTORNEY liability DISCLOSE ethics req. TRADING limits INDEPENDENT auditing CERTIFICATION of internal controls SARBANES OXley | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Corporations Valid Reasons For Judicial or Voluntary Dissolution To dissolve a corporation, just I.D. the WOLF in the boardroom. | ILLEGAL conduct DIVERSION of corporate assets to directors/officers WASTE (including that which results from deadlock) OPPRESSION of minority shareholders LOOTING FRAUD | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Criminal Law - Crimes Requiring Specific Intent It's a specific intent crime to Purposely FLAME CRABS. | false PRETENSES Forgery Larceny Attempt Murder, first degree Embezzlement Conspiracy Robbery Assault Battery (aggravated) Solicitation | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Criminal Law - Crimes Requiring General Intent It's a general intent crime for MARK to FIB. | Murder in the commission of a dangerous, statutorily enumerated felony Arson Rape Kidnapping False imprisonment Involuntary manslaughter Battery | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Criminal Law - Defenses Available the prosecutor PACED as his charges against defendant fell like DOMINOS | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | 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. | STATUTORY duty (filing taxes) CONTRACT (nurse, lifeguard) RELATIONSHIP (parent, spouse) ASSUMPTION of duty voluntarily (rescuer liability) PERIL (caused risk of harm) | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Criminal Law - Defense To Felony Murder the BUC stops at the co-felon | 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; | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Criminal Law - Strict Liability Crimes If you pick a SCAB, you're strictly liable as a criminal. STATUTORY rape CONTRIBUTING to the delinquency of a minor ABNORMALLY dangerous activities BIGAMY | STATUTORY CONTRIBUTING ABNORMALLY BIGAMY | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Criminal Procedure Exceptions to Search Warrant Requirement SHAPE up WISEACRE or I'll search you without a warrant. | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Criminal Procedure Exceptions to the Exclusionary Rule U SAID G was fruit of the poisonous tree but he's not. | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Evidence - Subject Outline Mnemonic Follow RECIP(e) H to decide if the evidence is admissible. | Relevance Extrinsic policies Character evidence Impeachment Privileges (e) HEARSAY | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Evidence - Rule 403 Exclusion of Relevant Evidence the UMP doesn't have to let the evidence IN | UNDUE delay MISLEAD the jury PREJUDICIAL effect on jury confusion of ISSUES NEEDLESS presentation of cumulative evidence | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Evidence - Inadmissible Relevant Evidence I like PORN but it's still inadmissible. 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 | INSURANCE proving fault PRIVILEGED communication OFFERS of compromise REMEDIAL measures NEGOTIATION during plea | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Evidence - Self-Authenticating Documents OIL CANS are self-authenticating. 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) | OFFICIAL INSTRUMENTS LABEL CERTIFIED ACKNOWLEDGED NEWSPAPERS SEALED | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Evidence - Non-Hearsay Requiring Testimony The "4 Priors" aren't hearsay provided the declarant testifies. | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Evidence - Non-Hearsay Regardless of Testimony SANE evidence is not hearsay so it's admissible. | STATE of mind ADMISSION by party opponent NONASSERTIVE conduct EFFECT on listener | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Evidence - Introduction of Character Evidence at Civil Trials Character evidence can be introduced in a civil trial after Chopping WEEDS. | CHILD custody cases WRONGFUL death ENTRAPMENT negligent ENTRUSTMENT DEFAMATION SELF-DEFENSE | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Evidence - Introduction of Character Evidence at Criminal Trials MIMIC the criminal before introducing character evidence. | MOTIVE IDENTITY MODUS operandi or preparation of plan INTENT or knowledge, absence of mistake or accident COMMON scheme or plan | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Evidence - Hearsay Exceptions Admissibility of Business Records Business records feature the sound of DRUMS. 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 | DURING ROUTINE UNTRUSTWORTHY MADE SOURCE | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Family Law - Requirements of Prenuptial Agreements Prenups are enforceable if the spouses SPIED on each other. | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Family Law - Right to Late Spouse's Benefits A widow can drink all the VINOS she wants. | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Family Law - Validity Requirements of Marriage To validate his marriage, the groom must CROWN his lovely bride's ASS. 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) | CONSANGUINITY RECOGNIZED c/l OBTAIN license WITNESSES NO spouse AGE SOLEMNIZED SIGNED | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Family Law - Marriage Grounds for Declaration of Invalidity The FACTOID about the Resident APE getting married was declared invalid. 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. | FRAUD AGE CONSANGUINITY TIMELINESS OUT-OF-STATE void INCAPACITY DURESS RESIDENT ANNULMENT PRIOR MARRIAGE EFFECT on children | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Family Law - Typical Provisions of a Parenting Plan Divorcing parents throw DARTS at a board to decide who gets the kids. | DESIGNATION of primary residential parent ALLOCATION of decision-making authority RESTRICTIONS on contact, where appropriate TRANSPORTATION arrangements SCHEDULE for residential contact with child | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Family Law - reasons to grant Temporary Restraining Order a family in DIRE need may request a temporary restraining order | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Family Law - Grounds for Dissolution IF you hit your spouse like a PIÑATA, the court will probably grant their petition for divorce. 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) | IRRETRIEVABLY BROKEN FILE in proper venue PERSONAL jx INCARCERATION or INCAPACITY ÑO FAULT CONVERSION ADULTERY TREATMENT (cruel/inhumane) ABANDONMENT | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Family Law - Factors Affecting "Just and Equitable" Distribution Your lifestyle might GET CRAMPED when marital assets are equitably distributed. 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) | GOODWILL EXTENT of property TENANCY IN COMMON COMPENSATION right of REIMBURSEMENT ALL property subject to division MARITAL standard of living PENSIONS EARNING capacity DURATION | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Family Law - Specific Obligations Included In Child Support Orders Support HAS TILTeD in favor of the children. 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 | HEALTH CARE ACTIVITIES STATE SUPPORT SCHEDULE TRANSPORTATION INCOME recalculation LIFE insurance TAX eXEMPTION downward DEVIATIONS | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Professional Responsibility - Duties To Client When playing 5-Card STUD with a client's money, I must be a responsible professional. 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 | CCCCC (5-Card) STUD | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Professional Responsibility Withdrawing from Attorney/Client relationship WE attorneys suffer from MANICURE withdrawal. | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Real Property - Covenants of Title under Warranty Deed The buyer CEASED worrying when seller delivered a warranty deed. 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 | CONVEY ENCUMBRANCES ASSURANCES SEISIN ENJOYMENT DEFENSE | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Real Property - Requirements for obtaining title by Adverse Possession An adverse possessor's voice must ECHO long enough to get title to the property. | EXCLUSIVE and actual CONTINUOUS for the statutory period HOSTILE (without permission) OPEN and notorious | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Real Property - Non-Possessory Interests In Land Let me C NIPPLES and I'll let you use my land. 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 | COVENANT NECESSITY IMPLICATION PROFIT PRESCRIPTION LICENSE EXPRESS SERVITUDE | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Real Property Termination or Expiration of Non-Possessory Interests In Land REMAND use of that ACRE back to its rightful owner! 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 | RELEASE EMINENT DOMAIN MERGER ABANDONMENT NECESSITY DESTRUCTION ABUSE CHANGED REVOCATION (licenses) ESTOPPEL | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Real Propert - Ways to Sever a Joint Tenancy to sever a joint tenancy's TTIP, RIP'M apart 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 | TTIP - 4 Unities RIP'M - ways to sever a JT | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Real Property - Permissible Zoning Practices The zoning board won't let me plant my FICUS in that GAP. 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 | FLOATING zone ISSUE permits CONTRACT zoning planned UNIT development SEGREGATE incompatible use GRANT variances AMEND ordinance PLANNING | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Real Property - Deed Requirements You can't transfer property unless the deed IS WILD. IDENTIFIES parties SIGNED by grantor in WRITING must show INTENT to transfer an interest LAND conveyed is described must be DELIVERED | IDENTIFIES SIGNED WRITING INTENT LAND DELIVERED | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Real Property - Tenant's Remedies for Breach by Landlord If landlord breaches, tenant can hit the ROAD. | RESCIND the lease agreement OFFSET rent payment after repair ABATE rent until landlord fixes problem (must place in escrow) DAMAGES ordered by court | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Real Property - Landlord's Obligations to Tenant A landlord's day is MIRED with responsibilities to his tenants. | MAINTAIN IMPLIED warranty of habitability REPAIR warrant quiet ENJOYMENT DELIVER possession | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Real Property - Tenant's Duties to Landlord WE R UP to date with rent payments. | 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 | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
642f9070__and_MEE_Flashcards___Cram_com__UTHORITY_LIABILITY_TERMINATION | Real Property - Landlord's Remedies for Breach by Tenant Pay the rent or you're DEAD. | withhold DEPOSIT EVICTION ACCELERATION clause DAMAGES for holdover | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION OBLIGATIONS RIGHTS RATIFICATION AUTHORITY LIABILITY TERMINATION | http://www.cram.com/flashcards/bar-exam-mnemonics-and-acrostics-mbe-and-mee-984740 | 46/1438042986444.39_20150728002306-00233-ip-10-236-191-2_393658924_0.json |
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