task stringlengths 37 71 | input stringlengths 0 2.6k | output stringlengths 1 4.09k | options list | pageTitle stringlengths 25 141 | outputColName stringlengths 1 1.03k | url stringlengths 41 153 | wdcFile stringlengths 71 73 |
|---|---|---|---|---|---|---|---|
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] sadness at doing good [1] | sloth | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] sorrowing at another's good fortune [1] | envy | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] destroys unity between people [1] | discord | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] breaking up the unity of the Church [1] | schism | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] when one's actions cause another to thank an evil act is permitted [1] | scandel | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] perfects the reason to make good decisions [1] | prudence | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] the ability to be taught [1] | docility | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] the right ordering of something in the present to obtain an end you "foresee" in the future [1] | foresight | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] being careful to avoid doing evil when determining the mean [1] | caution | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] rushing into an act without taking proper counsel [1] | rashness | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] when one fails to make a right judgment [1] | thoughtlessness | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] failure to command that which is chosen [1] | inconstancy | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] lack of alertness [1] | negligence | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] constantly giving others that which pertains to their natural rights [1] | justice | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] giving honor to those to whom we can never repay because of the greatness of the benefits they have given to us [1] | piety | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] obeying authority figures immediately and joyfully [1] | Obedience | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] communicating with the truth [1] | honesty | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] spending and acquiring money in the right ways and amounts [1] | liberality | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] giving others more or less than their due [1] | injustice | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] transforms the passion to seek pleasures that are in accord with reason [1] | temperance | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] not to take pleasure in acts that it is proper to take pleasure in [1] | insensibility | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] in order to hit the mean, individuals aim for the defect [1] | continence | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] perfects the emotions to overcome difficult obstacles in doing an act [1] | fortitude | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] overcome fear while not falling into foolhardiness [1] | courage | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] allows one to continue struggling to achieve the difficult good [1] | perserverence | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] endures evil when he is unable to actively combat the evils [1] | patience | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] set high goals [1] | magnanimity | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] control of anger [1] | meekness | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] an inordinate desire for glory [1] | pride | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] deliberating well [1] | eubolia | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] judging well according to common [1] | synesis | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ae0ac216_ral_Life_Flashcards___Cram_com__1 | [2] judging well according to higher law [1] | gnome | [] | Christian Moral Life Flashcards - Cram.com | 1 | http://www.cram.com/flashcards/christian-moral-life-544741 | 46/1438042988922.24_20150728002308-00282-ip-10-236-191-2_394439925_0.json |
ba6325a8_cienc_Q3_Flashcards___Cram_com__bristlecone_pine | What is a dendrologist? [bristlecone pine] | scientist who studies trees | [] | 6th Scienc Q3 Flashcards - Cram.com | bristlecone pine | http://www.cram.com/flashcards/6th-scienc-q3-500906 | 46/1438042988922.24_20150728002308-00012-ip-10-236-191-2_389290075_0.json |
ba6325a8_cienc_Q3_Flashcards___Cram_com__bristlecone_pine | Which tree's fruit is an acorn? [bristlecone pine] | the oak | [] | 6th Scienc Q3 Flashcards - Cram.com | bristlecone pine | http://www.cram.com/flashcards/6th-scienc-q3-500906 | 46/1438042988922.24_20150728002308-00012-ip-10-236-191-2_389290075_0.json |
ba6325a8_cienc_Q3_Flashcards___Cram_com__bristlecone_pine | What term describes a plant that lives for two years? [bristlecone pine] | biennial | [] | 6th Scienc Q3 Flashcards - Cram.com | bristlecone pine | http://www.cram.com/flashcards/6th-scienc-q3-500906 | 46/1438042988922.24_20150728002308-00012-ip-10-236-191-2_389290075_0.json |
ba6325a8_cienc_Q3_Flashcards___Cram_com__bristlecone_pine | Plants that live for many years are ______. [bristlecone pine] | perennials | [] | 6th Scienc Q3 Flashcards - Cram.com | bristlecone pine | http://www.cram.com/flashcards/6th-scienc-q3-500906 | 46/1438042988922.24_20150728002308-00012-ip-10-236-191-2_389290075_0.json |
ba6325a8_cienc_Q3_Flashcards___Cram_com__bristlecone_pine | Which trees lose their leaves in the fall? [bristlecone pine] | deciduous trees | [] | 6th Scienc Q3 Flashcards - Cram.com | bristlecone pine | http://www.cram.com/flashcards/6th-scienc-q3-500906 | 46/1438042988922.24_20150728002308-00012-ip-10-236-191-2_389290075_0.json |
ba6325a8_cienc_Q3_Flashcards___Cram_com__bristlecone_pine | Which trees produce a sweet syrup? [bristlecone pine] | maple trees | [] | 6th Scienc Q3 Flashcards - Cram.com | bristlecone pine | http://www.cram.com/flashcards/6th-scienc-q3-500906 | 46/1438042988922.24_20150728002308-00012-ip-10-236-191-2_389290075_0.json |
ba6325a8_cienc_Q3_Flashcards___Cram_com__bristlecone_pine | Name the part of the tree where growth takes place. [bristlecone pine] | the cambium layer | [] | 6th Scienc Q3 Flashcards - Cram.com | bristlecone pine | http://www.cram.com/flashcards/6th-scienc-q3-500906 | 46/1438042988922.24_20150728002308-00012-ip-10-236-191-2_389290075_0.json |
ba6325a8_cienc_Q3_Flashcards___Cram_com__bristlecone_pine | You can determine the age of a tree by counting the ___. [bristlecone pine] | annual rings | [] | 6th Scienc Q3 Flashcards - Cram.com | bristlecone pine | http://www.cram.com/flashcards/6th-scienc-q3-500906 | 46/1438042988922.24_20150728002308-00012-ip-10-236-191-2_389290075_0.json |
ba6325a8_cienc_Q3_Flashcards___Cram_com__bristlecone_pine | What are the tallest trees in the world? [bristlecone pine] | California redwoods | [] | 6th Scienc Q3 Flashcards - Cram.com | bristlecone pine | http://www.cram.com/flashcards/6th-scienc-q3-500906 | 46/1438042988922.24_20150728002308-00012-ip-10-236-191-2_389290075_0.json |
ba6325a8_cienc_Q3_Flashcards___Cram_com__bristlecone_pine | What do you call the process of removing a ring of bark from a tree trunk? [bristlecone pine] | girdling | [] | 6th Scienc Q3 Flashcards - Cram.com | bristlecone pine | http://www.cram.com/flashcards/6th-scienc-q3-500906 | 46/1438042988922.24_20150728002308-00012-ip-10-236-191-2_389290075_0.json |
ba6325a8_cienc_Q3_Flashcards___Cram_com__bristlecone_pine | A tall plant with a single woody stem is a ____. [bristlecone pine] | tree | [] | 6th Scienc Q3 Flashcards - Cram.com | bristlecone pine | http://www.cram.com/flashcards/6th-scienc-q3-500906 | 46/1438042988922.24_20150728002308-00012-ip-10-236-191-2_389290075_0.json |
ba6325a8_cienc_Q3_Flashcards___Cram_com__bristlecone_pine | Why is girdling harmful to a tree? [bristlecone pine] | It causes the tree to die because nourishment cannot reach the roots. | [] | 6th Scienc Q3 Flashcards - Cram.com | bristlecone pine | http://www.cram.com/flashcards/6th-scienc-q3-500906 | 46/1438042988922.24_20150728002308-00012-ip-10-236-191-2_389290075_0.json |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - elements of Collateral Estoppel if I PAWN something, I am precluded from taking issue if it gets sold. IDENTICAL PARTY ACTUALLY WAIVED NECESSARY | IDENTICAL issue PARTY to the first proceeding (BUT mutuality considered) ACTUALLY litigated in first proceeding WAIVED assertion rights by failing to litigate in prior proceeding (with full and fair opportunity) NECESSARY to the outcome | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - Minimum Contacts, Fair Play & Substantial Justice minimal contact with PELICANS does not make you Best Friends PURPOSEFUL EVIDENCE LAW INITIATION CAUSE ALTERNATIVE NATURE STATE'S BURDEN FORESEEABILITY | PURPOSEFUL availment - Hanson v. Denckla EVIDENCE – location of witnesses and evidence LAW - choice of law (forum shopping?) INITIATION - did D initiate contact with forum state? CAUSE of action - where did cause of action arise? ALTERNATIVE forum available? fair & convenient? NATURE & quality of activities - systematic vs. sporadic, direct vs. indirect, dangerous activity? STATE's interest in providing a forum for its residents and protecting health & safety concerns BURDEN of parties - economic cost, risk of multiplicity of suits, relative burden on defendant FORESEEABILITY - WW Volkswagen (likely they'd be “haled into court”) | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - Challenging The Complaint Defendant PICT VALID reasons to challenge the complaint. PLEADINGS INSUFFICIENCY CLAIM TRIABLE VENUE ALLEGATIONS LACK INDISPENSABLE DEFINITE | motion for judgment on the PLEADINGS INSUFFICIENCY of process (motion to dismiss) failure to state a CLAIM (motion to dismiss) no TRIABLE issue of material fact exists as a matter of law (motion for summary judgment) improper VENUE (motion to transfer) ALLEGATIONS that are irrelevant, impertinent, scandalous (motion to strike) LACK of jurisdiction over subject matter or person (motion to dismiss) failure to join INDISPENSABLE party (motion to dismiss) motion for more DEFINITE statement of claim against defendant | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - Requirements for Certification of Class Action DECANT vintage 23(b) before you pour it into a class. DEFINABLE ECONOMY COMMONALITY ADEQUACY NUMEROSITY TYPICALITY 23(b) | roughly DEFINABLE class of which P is a member judicial ECONOMY served claims have COMMON legal theory or arise out of same transaction or occurrence named parties must ADEQUATELY represent class potential Ps too NUMEROUS for joinder claim of named P must be TYPICAL of the class 23 B - action must fall within one of three categories of FRCP 23 (b) | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - Discovery Devices DADIES discover what you don't want them to know. DEPOSITIONS ADMISSIONS DOCUMENTS INTERROGATORIES EXAMINATIONS SUBPOENAS | depositions (written or oral) admissions of facts documents related to cause of action (if for good cause) interrogatories examination (mental or physical) subpoena (duces tecum) | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - basic jurisdictional requirements The due process clause requires you to MOP up before jurisdiction can be asserted MINIMUM contacts OPPORTUNITY PROPER service | minimum contact with the state opportunity for defendant to be heard proper service of process upon defendant | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - jurisdiction over corporations To obtain independent personal jurisdiction over defendant corporation, DIAL DC DOMICILIARY IN-STATE service AGENT LONG-ARM DOING business CONSENT | defendant is a domiciliary in-state service on a non-domiciliary agent of corporation served (must be designated) long-arm jurisdiction over non-domiciliary doing business in-state consent to state's jurisdiction by defendant | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - long-arm jurisdiction over tortious conduct long-arm jurisdiction extends to non-resident tortious DEER DERIVES revenue ENGAGES in conduct EXPECTS consequences REGULARLY solicits | derives substantial revenues from goods used/consumed or services rendered in-state engages in persistent course of conduct in-state expects (or reasonably should expect) that tortious acts would have consequences in-state AND defendant derives substantial revenues from interstate/int'l business regularly solicits in-state business | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - jurisdiction over matrimonial action When DADA doesn't live in-state, mama can still seek maintenance and child support DOMICILE ABANDONMENT DECREE separation AGREEMENT | state was most recent marital DOMICILE of parties ABANDONMENT took place in-state claim for support accrued under state DECREE or law parties executed a separation AGREEMENT in-state | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - Consent To Jurisdiction That lawyer SCAMS defendants into consenting to jurisdiction. STIPULATE CAUSE ANSWER MOTION SUMMARY | STIPULATE in open court, pleading, contract or letter assert unrelated CAUSE of action in answer serve an ANSWER that fails to raise JX objection or claiming improper service while failing to move for summary judgment MOTION to dismiss that fails to raise JX objection motion for SUMMARY judgment on related cause of action (seeking affirmative relief in-state) | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - sufficiency of Service of Process MIC is SAD because he was properly served with process. MAILING IN-HAND COURT SUITABLE AGENT DILIGENCe | MAILING process to defendant who must then consent to such service IN-HAND personal delivery to the named defendant COURT authorized method of service of process delivered to person of SUITABLE age & discretion at last known address (then mail copy & file) AGENT service due DILIGENCE (nail, mail & file) | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - claims not barred by tolling under Statute of Limitations The claim WAS time-barred but plaintiff LOPED into court anyway. WRITTEN AMENDMENT SOLDIER/SAILOR LENGTHEN OBTAINING PAYMENT EQUITABLE DISABILITY/DEATH | WRITTEN acknowledgment by defendant of a time-barred valid debt AMENDMENT of pleading to add a time-barred claim SOLDIER and SAILOR relief act parties agree to LENGTHEN the timeframe OBTAINING personal jurisdiction over an out-of-state defendant who would not consent to service of process partial PAYMENT by defendant of a time-barred valid debt EQUITABLE estoppel DISABILITY or DEATH of plaintiff | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - reasons to grant Motion to Dismiss In SIDEBAR, Plaintiff Finally admitted the claim should be dismissed. SoF INFANCY/INCOMPETENCY DISCHARGED ESTOPPEL BARRED ARBITRATION RELEASE PAYMENT FAILURE to state a claim | STATUTE of Frauds INFANCY or incompetency subject matter of claim DISCHARGED in bankruptcy proceeding ESTOPPEL (collateral estoppel or res judicata) claim BARRED by statute of limitations ARBITRATION and award RELEASE from claim by plaintiff PAYMENT by defendant FAILURE to state a claim upon which relief can be granted | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - Provisional Remedies When a LIAR tells a LIE, the COP will FIND CJ because he's a SLOB. LIAR - the four provisional remedies LIE - reasons to grant preliminary injunction COP - procedural requirements FIND CJ - extraordinary circumstances needed to get order of attachment SLOB - lis pendens requirements | LIAR: LIS pendens preliminary INJUNCTION order of ATTACHMENT appointment of RECEIVER (harsh, requires bond) LIE: LIKELIHOOD of plaintiff's success IRREPARABLE injury ($ does not suffice) EQUITABLE balance of hardships COP: CLEAR & CONVINCING evidence of extraordinary circumstances and that plaintiff will succeed ORDER must be entered to be enforceable POST-seizure hearing required immediately afterwards if order was entered ex-parte FIND CJ: FOREIGN corporation INTENT to defraud creditors or frustrate enforcement of judgment NON-DOMICILIARY defendant DILIGENT efforts are not enough to serve domiciliary or resident CRIME victims are entitled to order of attachment when suing felon (Son of Sam law) cause of action is based upon default JUDGMENT from another jurisdiction that is entitled to full faith & credit SLOB: SHERIFF is not involved LIKELIHOOD of plaintiff's success not considered by court ORDER by court not required BOND does not need to be posted | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - considerations of court in assigning Joint & Several Liability The judge uses WHIP And ROD to assign joint & several liability. WORKER'S HAZARDOUS INTENTIONAL PROPERTY AUTOMOBILE RECKLESS OVER 50% DEATH | WORKER'S compensation claims where employer is impleaded by defendant release of HAZARDOUS substance that results in harm to plaintiff INTENTIONAL tortfeasors remain 100% liable PROPERTY damage injuries caused by use, ownership or operation of AUTOMOBILE RECKLESS (grossly negligent) conduct causing injury OVER 50% responsible for plaintiff's injury wrongful DEATH judgments involving economic injuries | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - Venue Venue is chosen with TLC, but if WASP MEN are on your land, you have to file locally. TLC - types of action that determine venue WASP MEN - claims involving property rights generally must be filed locally | TLC: TRANSITORY action LOCAL action action to recover CHATTEL (replevin) WASP MEN: action for tort of WASTE ACTION involving leasehold SPECIFIC performance sought in real estate contract PARTITION of concurrent estates MORTGAGE foreclosure EJECTMENT action NUISANCE action | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - Discovery Devices the MAID must get PAID to discover evidence MENTAL ADMISSIONS INTERROGATORIES DEPOSITIONS PHYSICAL ADDRESSES INSPECTION DISCOVERY not held | MENTAL exam request for ADMISSIONS written INTERROGATORIES DEPOSITIONS (aka "examination before trial") PHYSICAL exam demand for ADDRESSES INSPECTION of evidence DISCOVERY request for relevant evidence held by opposing party | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - Objections To Method of Inquisition Poorly phrased questions set off the BAC door ALARM. BROAD AMBIGUOUS COMPOUND ARGUMENTATIVE LEADING ASSUMING REDUNDANT MISQUOTE | overly BROAD question AMBIGUOUS question COMPOUND question ARGUMENTATIVE badgering of witness LEADING question on direct exam ASSUMING fact not in evidence as part of question REDUNDANT question requiring cumulative response MISQUOTING prior statement by witness | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure - Sanctions during Discovery This Judge DRIPS hot wax as a sanction for misbehavior. JUDGMENT DISMISSAL RESOLUTION IMPOSITION PRECLUSION STRIKE | order default JUDGMENT against defendant DISMISS action in favor of defendant force non-disclosing party to RESOLVE the issue causing non-disclosure IMPOSE attorney fees, costs of suit and fines PRECLUDE non-disclosing party from introducing related evidence STRIKE non-disclosing party's pleadings related to issues of non-discovery | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Civil Procedure Reasons Why An Arbitration Award May Be Vacated The arbitrator was BLAMED so his judgment was vacated. BIAS LACKED ARTICLES MISCONDUCT EXCEEDED DEMAND | BIAS of arbitrator award LACKED rational basis procedure violated ARTICLES of governing statute MISCONDUCT, fraud or corruption arbitrator EXCEEDED scope of authority or issued opinion contrary to public policy DEMAND OF ARBITRATION was not properly served so losing party did not get to participate | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Commercial Paper Elements of Negotiability Rights of Holder in Due Course WOSSUPP! if WE FUC, you'll get DAFFIDILS. WOSSUP - elements that make an instrument negotiable WE FUC - an HDC takes instrument free of all claims and personal defenses DAFFIDILS - an HDC takes instrument subject to real defenses | WOSSUP: in WRITING (statute of frauds) payable to ORDER of or to bearer (negotiable words) SIGNED by the maker or drawer SUM is certain (principal only - amount of interest flexible) UNCONDITIONAL promise with no other promises attached PAYABLE on demand or at a definite time PAYABLE in sovereign currency only WE FUC: WAIVER ESTOPPEL FRAUD in inducement (impostor) UNCONSCIONABILITY CONSIDERATION lacking (for the note) DAFFIDILS: DURESS - threat of violence (not economic duress) material ALTERATION of instrument FORGERY Fraud in the FACTUM (signor did not know it was a negotiable instrument) ILLEGALITY DISCHARGE in bankruptcy of maker or drawer INFANCY of maker or drawer LACK of mental capacity STATUTE of limitations has expired on the debt | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Constitutional Law - Presidential Power The president can eat at PF chang's with one CAVEAT. PARDON FOREIGN COMMANDER APPOINTMENT VETO EXECUTIVE ADVISE TREATY | PARDON convicted federal criminals FOREIGN Affairs COMMANDER in chief of the armed forces APPOINTMENT of ambassadors, federal judges and superior officers VETO power over acts of congress EXECUTIVE agreements and privileges ADVISE congress on state of the union in special session TREATY power | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Constitutional Law Limits to Exercise of Power by Government You must SPECIFICLE state how the government violated your constitutional rights. SUBSTANTIVE DP PROCEDURAL DP EPC CIVIL rights IMMUNITIES FIRST AMENDMENT IRREBUTTABLE presumptions CONTRACTS retroactive LEGISLATION ECONOMIC taking | Substantive due process Procedural due process Equal protection Civil rights Immunities granted to all citizens with regard to livelihood, employment, transfer of property, federally protected interests First amendment Irrebuttable presumptions of fact regarding constitutionally protected rights Contracts clause Legislation that is retroactive Economic taking w/o just compensation | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Constitutional Law Due process - Fundamental Liberties Courts strictly scrutinize government action involving a STAR VP CAMPER. STAR VP - six fundamental freedoms CAMPER - privacy rights | STAR VP: freedom of SPEECH right to TRAVEL freedom of ASSOCIATION freedom of RELIGION right to VOTE right to PRIVACY CAMPER: Contraception Abortion ("undue influence" branches w/intermediate scrutiny) Marriage (including dissolution) Procreation Education of children outside public schools Related persons' right to live together | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Constitutional Law - Dormant Commerce Clause (limitation on state action) Nonresident Statutes Are Rude. NONDISCRIMINATORY SUBSTANTIAL nexus APPORTIONED RELATEDNESS | SUBSTANTIAL nexus between state interest and burden on non-resident NONDISCRIMINATORY intent, construction and application APPORTIONED between residents and non-residents that reflects fundamental fairness RELATED to State services or resources | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Constitutional Law - Obscenity The porn on Miller's LAPTOP is not obscene in the privacy of his home unless it includes kiddie porn. Miller v. California LAPTOP | LACKS literary, artistic, political or scientific value AVERAGE person, applying contemporary community standards appeals to the PRURIENT interest in sex TAKEN as a whole patently OFFENSIVE depiction of sexual conduct POSSESSION of obscenity in privacy of home OK but child pornography can be entirely prohibited | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Constitutional Law - Limitation on State Action (14th & 15th Am.) the State's PLEA fell on deaf ears SHELLEY V. KRAMER PUBLIC functions LICENSING ENCOURAGMENT AID | SHELLEY v. Kramer - "The 14th Amendment erects no shield against merely private conduct, however discriminatory or wrongful." PUBLIC functions - cities, counties, state institutions, officials acting in official capacity LICENSING - granting monopolies and heavy regulation is NOT state action ENCOURAGEMENT (or facilitation or authorization) of discrimination by citizens AID - excessive state financial entanglement | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Contracts - Common Law Essential Contract Terms Q-TIPS | Quantity Time of performance Identification of parties Price Subject matter | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Contracts - Applicability of Statute of Frauds a fake ORGASM violates the statute of frauds ONE year REAL estate GOODS >$500 ADMINISTRATOR SURETY MARRIAGe | One year or longer Real estate Goods over $500 or intangibles over $5000 Administrator / executor of estate promising to cover costs Surety agreements (guarantees on behalf of another, unless purpose is self-serving) Marriage agreements (prenupitals) | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Contracts Exceptions to Statute of Frauds No writing necessary if the deal is made in a SWAMP. SPECIALLY Mfg WAIVER ADMISSION MERCHANT MEMO PARTIAL performance | SPECIALLY manufactured goods (production must have begun) WAIVER judicial ADMISSION that contract is valid MERCHANT memo - UCC. Add'l terms are part of deal unless acceptance materially alters terms of offer objected to in writing within 10 days from receipt offer expressly restricted acceptance on terms PART performance goods already delivered payment already received/accepted | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Contracts - Elements of Legal Relationship a TACO has all the ingredients to make a contract. TERMS ACCEPTANCE CONSIDERATION OFFER | definite TERMS, express or implied ACCEPTANCE of terms CONSIDERATION - bargained for legal detriment and/or benefit flowing OFFER inviting acceptance | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Contracts - Termination of Offer Don't offer IDLE CIDER that's expired. INCAPACITY DEATH LAPSE EXPRESS rejection COUNTEROFFER ILLEGALITY DESTRUCTION EFFECTIVE mailbox REVOCATION | Incapacity of offeror Death of offeror Lapse of time Express or implied rejection Counteroffer Intervening illegality Destruction of contract’s subject matter Effective termination under mailbox rule Revocation communicated to offeror before acceptance effective | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Contracts - Parol Evidence Rule DECAF Includes parol evidence but a FOAM LID keeps the contract from forming. DECAF I - elements of parol evidence rule FOAM LID - parol evidence that will serve as a defense to formation | reveal DEFENSE to contract formation EXISTENCE of a condition CONTRADICTS, varies or adds to integrated writing clarify ADDITIONAL terms (UCC) FINAL writing intended but not accomplished INTRODUCE consistent collateral subordinate agreement that would not normally be included in an integrated writing FRAUD ORAL condition precedent AMBIGUITY MISTAKE LACK of consideration ILLEGALITY DURESS | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Contracts Excuse of Conditions & Discharge of Duty to Perform WIVES PAD their pockets with excuses to get out of contracts. WIVES PAD these conditions excuse performance | Waiver (knowingly accepted defective performance) Impossibility (objective - nobody could perform) Voluntary disablement (implied repudiation) Estoppel (other party says don't perform) Subsequent agreement of parties (mutual rescission, modification, novation, substitution) Prevention of performance (intentional or negligent hindrance) Anticipatory repudiation (present, absolute, unequivocal renunciation of obligation) Divisibility of contract duties | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Contracts - UCC Article 2 Material Alteration of Offer A merchant that WARPS my offer with his reply memo makes me Just Livid. WARRANTY ARBITRATION RISK of loss PAYMENT SHORTENING SoL JURISDICTION LIABILITY waiver | WARRANTY negation such as merchantability or fitness ARBITRATION requirement added (unless customary practice in trade) RISK of loss shifted, adjusted or altered PAYMENT terms and amount changed SHORTENING Statute of Limitations to sue for non-conforming goods JURISDICTION clause bestowing or changing laws covering K LIABILITY waiver or limitation (in tort or contract) | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Contracts - UCC Article 2 Implied Terms in Sales Contracts I CITE the UCC to prove implied terms. INSPECTION CREDIT INSURANCE TENDER EXCHANGE UNIFORM COMMERCIAL CODE | INSPECTION. Buyer usually has a right to inspect tendered goods before acceptance. CREDIT. Seller is not obligated to extend credit to buyer. INSURANCE. Risk of loss falls on party in best position to bear loss (usually the one who protected goods by insuring them). TENDER of delivery is implied at Seller's place of business. EXCHANGE of performance is usually concurrent. UNIFORM COMMERCIAL CODE | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Contracts - UCC Article 2 Seller's Remedies for Buyer's Breach When the buyer is a K LAPSER, seller has remedies. KEEP deposit LOST profit ASSURANCES PRICE STOP goods EXERCISE reclamation RESELL | KEEP deposit if under $500 sue for LOST profit (if "unlimited supply" available) demand ASSURANCES if insolvency/incapability is evident sue for entire contract PRICE STOP goods in transit. EXERCISE right to reclaim goods delivered to insolvent buyer RESELL goods to another buyer | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Contracts - UCC Article 2 Buyers Remedies for Seller's Breach a buyer Can Revoke Security or WAIT when seller breaches. CANCEL REVOKE SECURITY WITHHOLD $ ACCEPT & recover $ INADEQUATE = demand TENDER & claim | CANCEL the contract, purchase from another, recover damages. REVOKE contract if substantial breach where acceptance induced by reasonable expectation of prompt cure or latent (undetectable) defect withhold non-conforming goods as SECURITY for damages. WITHHOLD amount equal to damages (notice to seller required) ACCEPT non-conforming goods at k price, recover consequential & incidental damages if money damages are INADEQUATE, buyer can demand goods. TENDER balance due & claim goods if buyer has partially paid | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Contracts - UCC Article 2 Warranties warranties are Fully TEAMED with goods sold. FITNESS TITLE ENCUMBRANCES AFFIRMATIONS MERCHANTABILITY EXPRESS warranties as DESCRIBED | FITNESS for a particular purpose seller's warranty of TITLE EXPRESS warranties written into contract AFFIRMATION of fact or promise made by seller relating to goods (written or oral) MERCHANTABILITY warranty against ENCUMBRANCES DESCRIPTION of goods in advertisement, brochure or catalog | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Contracts - UCC Article 2 Defenses to Breach of Warranty GRAMPA can't be liable for breach of warranty. Government Running SoL Absence Misuse Preemption Assumption | GOVERNMENT military & surplus contracts RUNNING of statute of limitations ABSENCE of privity of contract unforeseen MISUSE of a product federal PREEMPTION ASSUMPTION of risk | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Corporations - Piercing The Corporate Veil TWIST the knife to pierce the corporate veil. TEN sh WORKER's comp ILLEGALITY SALES/corp tax unpaid TORTIOUS acts | TEN largest shareholders of private company are personally liable for unpaid wages/benefits WORKER's compensation insurance must be obtained. If not, officers are criminally, strictly liable to injured employee. ILLEGAL conduct by shareholders. SALES or corporate income tax not paid renders directors & officers (D&O) responsible to taxing authority. TORTIOUS conduct of D&O, employees and shareholders cannot use corporate veil to hide from personal liability. | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Corporations - Contents of Certificate of Incorporation the corporation's certificate of incorporation lists PVT MCLAW PREEMPTIVE rights VALUE of par TRANSFER restrictions MAJORITY CUMULATIVE voting LESS than maj to dissolve sh AGREEMENTS at WILL | PREEMPTIVE rights VALUE of par shares (if to be fixed by shareholders rather than directors) stock TRANSFER restrictions MAXI-MAJORITY, super-majority, quorum voting requirements CUMULATIVE voting rights when electing directors whether LESS than majority of shares can vote to voluntarily dissolve corporation shareholder AGREEMENTS regarding actions authorized without SH meetings, restrictions on D&O powers, or if SH can directly manage company (no BoD) corporate dissolution at WILL or upon specific event | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Corporations Actions Requiring Shareholder Approval Shareholders deserve A DAMN SALAD if the corporation makes a big change. AMENDMENT DISSOLUTION ASSET MERGER NAME SURETY AGENT LOCATION ABOLISHING liability DIRECTOR loans | AMENDMENT of certificate of incorporation that changes quorum, maxi/super majority, preemptive or cumulative voting rights, and/or corporate purpose DISSOLUTION (voluntary) ASSET sale, lease or exchange (>75% of assets) MERGER or consolidation NAME change SURETY interests in debt not acquired for corporate purposes change of AGENT for service of process change of LOCATION of corporate office ABOLISHING or limiting directors’ liability for negligence DIRECTOR loans | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Corporations - Appraisal Rights of Shareholders if PAM C dissents, she gets appraisal rights. PREEMPTIVE ASSET MERGER CUMULATIVE | PREEMPTIVE, redemptive or other share of ownership rights affected ASSET sale, lease or exchange (>75% of corp assets) MERGER or consolidation into another entity CUMULATIVE voting rights affected | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Corporations - Appraisal Right Valuation The court will AIM for fair value in determining appraisal rights. ASSET INVESTMENT MARKET | net ASSET value - where company holds substantial tangible assets (e.g. real estate investment holding co's, retail and wholesale co's) INVESTMENT value - earning power of corporate stock MARKET value of stock (court considers arms-length similar sales in same community or marketplace) | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Corporations - Duties of Directors & Officers Directors & Officers who get SUED For being OLD can fire a FLARE. SUED - types of conflict of interest FOLD - usurpation of corporate opportunity tests FLARE - defenses to usurping corporate opportunity | SELF-dealing USURPATION EXECUTIVE compensation unreasonable DIRECT conflict of interest FITNESS & fairness of transaction OPPORTUNITY was available to corporation LINE of business was same as corporation's DISCLOSURE was not proper FINANCIAL incapacity of corporation to enter K LEGAL incapacity of corporation to enter K ABANDONED (purposeful failure to deal) REJECTED (purposefully declining to transact) EXPLICIT approval by uninterested BoD or SH | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Corporations - Actions of Directors that cannot be indemnified Directors can't be indemnified for RIBALD Gains. REDEMPTION INTENTIONAL misconduct BAD faith ASSETS before creditors improper LOAN DIVIDEND unjust GAIN | REDEMPTION of shares when not permitted (no surplus) INTENTIONAL misconduct or knowing violation of law BAD faith conduct ASSETS distributed to shareholders before paying creditors LOAN granted improperly to fellow director without dissent declaration of improper DIVIDEND (no surplus) GAINS personally derived due to misconduct | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Corporations - Shares With No Preemptive Rights If your shares have a STAMP, you don't have preemptive rights. STOCK INCENTIVES TREASURY AUTHORIZED w/in 2 yrs MERGER PURCHASE w/o cash | STOCK incentives used to retain and attract corporate talent TREASURY stock AUTHORIZED in certificate of incorporation and sold within 1st 2 years (no preemptive rights for 2 years) MERGER or consolidation caused shares to be created PURCHASE of shares occurred without cash | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Corporations - Irrevocable Proxy Voting Rights You can't revoke a proxy for PEACE. if PLEDGED not ENTITLED AGREEMENT by sh CREDITOR EMPLOYEE w/proxy | PLEDGED shares (for loan) ENTITLEMENT to vote is not vested on record date (bought/sold too early/late) AGREEMENT executed for specified period between shareholders CREDITOR holding shares as collateral for extending credit EMPLOYEE owned shares issued with specified proxy requirements | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Corporations - Elements of 10b-5 Stock Transfer Liability In the MIDST of the STORM, it feels like a category 10b-5. MATERIAL fact INTERSTATE DAMAGES STANDING TIPPER/TIPPEE SCIENTER TARGETED sh OMISSION RELIANCE MISSTATEMENT | MATERIAL fact – is the information important? INSTRUMENTALITY of interstate commerce used in connection with transaction (mail) DAMAGES – civil, regulatory, criminal Civil: expectation damages or rescission Regulatory: SEC can impose treble damages (triple profits) and order injunction Criminal: Federal DOJ can impose criminal fines and imprisonment STANDING – purchaser/seller who purchased/sold stock in connection with alleged fraud TIP liability – inside tip given for improper purpose where tipper breached duty and tippee knew of the breach SCIENTER – defendant had actual knowledge of material misrepresentation regarding material information TARGETED persons who are already shareholders have standing to sue even if they didn’t buy/sell shares in conjunction with 10b-5 violation OMISSION or failure to disclose material fact by fiduciary will be treated similarly by the court as material misrepresentation RELIANCE on misrepresentation resulted in purchase or sale (exception: non-disclosure cases do not require reliance) MISSTATEMENT of material fact will be treated similarly by the court as material misrepresentation | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Corporations - Liability Under Sarbanes-Oxley Get the BAD TIC out of your SOx. BANNED loans ATTORNEY liability DISCLOSE ethics req. TRADING limits INDEPENDENT auditing CERTIFICATION of internal controls SARBANES OXley | BAN on loans to offficers/directors of large public companies ATTORNEY liability attaches if aware of illegal transactions DISCLOSURE of ethics requirements must be made to all persons with authority to transact TRADING limitations cannot be exceeded or circumvented INDEPENDENT directors or firms must be appointed to audit records in question CERTIFICATION of internal controls required, with CEO & BoD on the hook for failure to comply. Sarbanes-OXley | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Criminal Law - Strict Liability Crimes If you pick a SCAB, you're strictly liable as a criminal. STATUTORY CONTRIBUTING ABNORMALLY BIGAMY | STATUTORY rape CONTRIBUTING to the delinquency of a minor ABNORMALLY dangerous activities BIGAMY | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Evidence - Inadmissible Relevant Evidence I like PORN but it's still inadmissible. INSURANCE proving fault PRIVILEGED communication OFFERS of compromise REMEDIAL measures NEGOTIATION during plea | INSURANCE introduced to prove fault or deep pockets PRIVILEGED evidence OFFERS of compromise or settlement (except in conjunction with offer to pay medical expenses) subsequent REMEDIAL repairs NEGOTIATED admissions made by criminal defendant during unsuccessful plea bargaining | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Evidence - Self-Authenticating Documents OIL CANS are self-authenticating. OFFICIAL INSTRUMENTS LABEL CERTIFIED ACKNOWLEDGED NEWSPAPERS SEALED | OFFICIAL publications issued by public authority INSTRUMENTS - negotiable and commercial paper LABEL, tag or trademark affixed on item in regular course of business CERTIFIED public documents (by clerk of agency or court that had custody) ACKNOWLEDGED documents signed before notary, swore to truth, content and execution (except wills) NEWSPAPERS and periodicals with reasonably wide circulation SEALED documents (government certified) | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Evidence - Hearsay Exceptions Admissibility of Business Records Business records feature the sound of DRUMS. DURING ROUTINE UNTRUSTWORTHY MADE SOURCE | written statement made DURING or near time of matter in issue ROUTINE, systematic practice of maintaining/storing this type of record UNTRUSTWORTHY. admissible unless circumstances indicate lack of trustworthiness MADE in ordinary course of business SOURCE of business record has personal knowledge of matter recorded | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship | Family Law - Validity Requirements of Marriage To validate his marriage, the groom must CROWN his lovely bride's ASS. CONSANGUINITY RECOGNIZED c/l OBTAIN license WITNESSES NO spouse AGE SOLEMNIZED SIGNED | CONSANGUINITY - parties cannot be closer kin than second cousins if RECOGNIZED as valid where contracted under common law, then valid in most non CL states OBTAIN license from county auditor (must be used at least 3 days later, expires after 60 days) WITNESSES - two physically present NO other living spouse at time of marriage AGE of majority SOLEMNIZED by officer authorized by state to perform marriage ceremonies SIGNED marriage certificate (witnesses and person solemnizing marriage) | [] | Bar Exam Mnemonics and Acrostics - MBE and MEE Flashcards - Cram.com | CREATION of agent/principal relationship OBLIGATIONS – loyalty, obedience, stewardship RIGHTS of parties RATIFICATION by principal AUTHORITY – express, implied, apparent LIABILITY - primary & vicarious (respondeat superior) TERMINATION of agent/principal relationship | 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 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.