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1ed92941__and_MEE_Flashcards___Cram_com__f_agent_principal_relationship
Family Law - Marriage Grounds for Declaration of Invalidity The FACTOID about the Resident APE getting married was declared invalid. FRAUD AGE CONSANGUINITY TIMELINESS OUT-OF-STATE void INCAPACITY DURESS RESIDENT ANNULMENT PRIOR MARRIAGE EFFECT on children
FRAUD - essentials of marital agreement based on fraud AGE - under 18 without parental or court approval CONSANGUINITY - parties are closer than second cousins TIMELINESS - either party may petition for declaration of invalidity at any time OUT of state marriage was void or voidable in contracting state INCAPACITY - mental, physical, 5-year incurable insanity DURESS - party induced to enter marriage by force neither party was a RESIDENT of the court's state ANNULMENT is the term describing the "symbolic" dissolution of a marriage that "never took place." However, if a marriage is legally declared invalid, the court will enter a Decree of Dissolution. PRIOR marriage undissolved at time of marriage sought to be declared invalid. no EFFECT on legitimacy of children despite declaration of invalidity.
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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 - Grounds for Dissolution IF you hit your spouse like a PIÑATA, the court will probably grant their petition for divorce. IRRETRIEVABLY BROKEN FILE in proper venue PERSONAL jx INCARCERATION or INCAPACITY ÑO FAULT CONVERSION ADULTERY TREATMENT (cruel/inhumane) ABANDONMENT
IRRETRIEVABLY BROKEN marriage - "no-fault dissolution" requires no further allegations to be granted FILE in proper venue (any county where parties or children reside) PERSONAL JURISDICTION needed for court to impose financial obligation upon a party INCARCERATION or INCAPACITY of spouse for statutory period NO FAULT CONVERSION divorce after statutory period with valid separation agreement ADULTERY (defenses are condonation, recrimination, barred by SOL, procurement by petitioner) TREATMENT that is cruel & inhumane ABANDONMENT (requires intent to leave without consent/unjustified, lasting more than one year)
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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 - Factors Affecting "Just and Equitable" Distribution Your lifestyle might GET CRAMPED when marital assets are equitably distributed. GOODWILL EXTENT of property TENANCY IN COMMON COMPENSATION right of REIMBURSEMENT ALL property subject to division MARITAL standard of living PENSIONS EARNING capacity DURATION
GOODWILL of spouse's professional services practice (value intrinsically tied to personal work) EXTENT and nature of separate and joint property TENANCY IN COMMON results if joint property is discovered after decree of dissolution, to be held jointly with 50/50 split COMPENSATION - all income and earnings are subject to division RIGHT OF REIMBURSEMENT for joint property contributions to separate property assets ALL property, both joint and separate, is to be divided in a just and equitable distribution (some states even permit division of pseudo-joint property acquired during non-formalized meretricious relationships) MARITAL standard of living PENSIONS - railroad, military and government pensions are governed by ERISA (federal law) EARNING CAPACITY at time of separation - "rehabilitative" maintenance may be granted to less fortunate spouse to acquire of sufficient education or training for a limited period of time DURATION of marriage: <5 yrs (division by restitution); 5 to 30 yrs (court discretion, case-by-case); >30 yrs (equalization of assets/income through time of retirement)
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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 - Specific Obligations Included In Child Support Orders Support HAS TILTeD in favor of the children. HEALTH CARE ACTIVITIES STATE SUPPORT SCHEDULE TRANSPORTATION INCOME recalculation LIFE insurance TAX eXEMPTION downward DEVIATIONS
HEALTH CARE costs that are extraordinary ACTIVITIES - day care, athletics, team sports, lessons, camp fees, etc (dovetails with decision-making authority) STATE SUPPORT SCHEDULE - standard calculation TRANSPORTATION for long-distance commuting to accomplish visitation INCOME RECALCULATION due to fluctuations that reasonably affect ability to fulfill support obligations (based upon current pay stubs and tax returns; no retroactive changes) LIFE INSURANCE - court may order parent to obtain life insurance to ensure fulfillment of prospective support obligations TAX EXEMPTION allocations DOWNWARD DEVIATIONS on the basis of support payments required for other children or time spent with paying parent
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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
Professional Responsibility - Duties To Client When playing 5-Card STUD with a client's money, I must be a responsible professional. CCCCC (5-Card) STUD
COMMUNICATE with client act COMPETENTLY do not reveal CONFIDENCES avoid CONFLICTS of interest render CANDID advice SAFEGUARD client's money & property TERMINATE atty/client relationship fairly and properly UNREASONABLE fees should not be charged act with reasonable DILIGENCE
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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
Real Property - Covenants of Title under Warranty Deed The buyer CEASED worrying when seller delivered a warranty deed. CONVEY ENCUMBRANCES ASSURANCES SEISIN ENJOYMENT DEFENSE
right to CONVEY ENCUMBRANCEs have been disclosed further ASSURANCES that seller will provide cooperation and assistance to the other party in executing their duties under the contract SEISIN (immediate possession) quiet ENJOYMENT warrant to DEFEND title against DEFECTS
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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
Real Property - Non-Possessory Interests In Land Let me C NIPPLES and I'll let you use my land. COVENANT NECESSITY IMPLICATION PROFIT PRESCRIPTION LICENSE EXPRESS SERVITUDE
COVENANT running with the land (writing, intent, touch & concern, privity of estate) easement by NECESSITY (landlocked) easement by IMPLICATION (conveyance with retention by owner of part of property; must be reasonably necessary) PROFIT that complies with SoF to extract something therefrom easement by PRESCRIPTION (adverse, open/notorious, continuous for statutory period - does not need to be exclusive) revocable LICENSE that grants permission to enter without being a trespasser EXPRESS easement by deed or will SERVITUDE equitably enforceable by another lot owner
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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
Real Property Termination or Expiration of Non-Possessory Interests In Land REMAND use of that ACRE back to its rightful owner! RELEASE EMINENT DOMAIN MERGER ABANDONMENT NECESSITY DESTRUCTION ABUSE CHANGED REVOCATION (licenses) ESTOPPEL
RELEASE by party with non-possessory interest (written) EMINENT DOMAIN (condemnation / taking by regulation or physical possession) MERGER - common ownership of dominant and servient tenement ABANDONMENT (non-use is NOT sufficient) end of NECESSITY DESTRUCTION of servient tenement ABUSE - servient landowner may receive injunction & damages CHANGED neighborhood conditions (equitable servitudes only) REVOCATION (applies to revocable LICENSES only) ESTOPPEL - where holder represents intent to abandon & servient tenement so relies
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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
Real Propert - Ways to Sever a Joint Tenancy to sever a joint tenancy's TTIP, RIP'M apart TTIP - 4 Unities RIP'M - ways to sever a JT
TIME TITLE INTEREST POSSESSION RIGHT of survivorship upon death INTER VIVOS conveyance resulting in tenancy in common PARTITION by MORTGAGING interest in title theory state
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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
Real Property - Permissible Zoning Practices The zoning board won't let me plant my FICUS in that GAP. FLOATING zone ISSUE permits CONTRACT zoning planned UNIT development SEGREGATE incompatible use GRANT variances AMEND ordinance PLANNING
FLOATING zones - specified circumstances that allow landowners to circumvent zoning restrictions ISSUE conditional use permits (provided specified conditions exist) CONTRACT with developers to rezone land if developed in a certain way planned UNIT development that permits developers to vary use and space of tract to appropriately balance residential, commercial and business use SEGREGATE land into districts to divide incompatible uses and protect established uses from economic loss GRANT variances if: unnecessary hardship is shown, zoning precludes reasonable use, and public will not suffer substantial detriment AMEND zoning ordinances by local legislative action comprehensive PLANNING
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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
Real Property - Deed Requirements You can't transfer property unless the deed IS WILD. IDENTIFIES SIGNED WRITING INTENT LAND DELIVERED
IDENTIFIES parties SIGNED by grantor in WRITING must show INTENT to transfer an interest LAND conveyed is described must be DELIVERED
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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
UCC Article 9 Secured Transactions Advantages to Purchase Money Security Interest (PMSI) Status HATS off to PMSI creditors because they get top priority. HOUSEHOLD goods mere ATTACHMENT TWENTY day grace SUPER priority on inventory
a PMSI in HOUSEHOLD goods is effective unlike every other security interest mere ATTACHMENT perfection TWENTY day grace period to perfect interest in non-inventory goods through filing SUPER priority on inventory if creditor provides advance notice to other creditors who have a security interest (e.g. after acquired interest clause) in that same collateral
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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
UCC Article 9 Secured Transactions Permitted Contents of Security Agreements The FOCAL Point of a security agreement is the collateral. FUTURE cash advances OTHER duties/rights describe COLLATERAL AFTER-ACQUIRED clauses floating LIEN on fast-turning inventory PROCEEDS upon disposition
FUTURE advances clause - allows further cash advances to be secured by collateral covered in earlier security agreement OTHER provisions, such as set-off or recoupment rights, debtor duties, circumstances constituting default, remedies, entitlement to costs & attorneys fees, and good faith requirement COLLATERAL description in reasonable detail - specify collateral's primary use in debtor's hands AFTER-ACQUIRED property clauses require that future collateral acquired or manufactured by the debtor later (including unmatured commercial tort claims) be covered by the present security agreement floating LIEN - type of security agreement on retail inventory that turns over frequently (executing new agreements each time not practical) PROCEEDS include whatever is received by the debtor upon the sale, exchange or other disposition of the primary collateral.
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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
UCC Article 9 Secured Transactions Repossession Right of Creditor upon Default by Debtor The repo man SCAR'D the debtor but that's his right. STRICT foreclosure get CONSENT to take judicial ACTION REPOSSESSION DISPOSITION sale
STRICT foreclosure, where creditor legally retains the collateral and outstanding debt is cancelled CONSENT, voluntary and contemporaneous, from debtor to enter and take collateral from home or other private property ACTION by judicial writ authorizing Sheriff to repossess self-help REPOSSESSION unless it causes breach of peace DISPOSITION sale. Non-judicial liquidation by creditor (after notifying debtor and other perfected parties). Creditor can obtain deficiency judgment against debtor if collateral brings less than the debt.
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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
Torts - Causes of action related to Products Liability You are liable for harm done if you use your PENIS as a product. PUBLIC misrepresentation EXPRESS warranty NEGLIGENCE IMPLIED warranty STRICT products liability
PUBLIC MISREPRESENTATION under restatement 402(B) EXPRESS warranty under UCC 2-313 NEGLIGENCE IMPLIED warranty under UCC 2-314 to 2-318 merchantability fitness for a particular purpose remote purchasers covered STRICT products liability - known as "Absolute Liability in Tort" under Restatement 402(A)
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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
Torts - Causes of Action for Economic Injury causing FAMINE is an economic tort. FRAUD ABUSE of process MALICIOUS prosecution INJURIOUS falsehood NEGLIGENT misrepresentation interference with prospective ECONOMIC advantage
FRAUD - misrepresentation of a past or present material fact ABUSE of process - initiation of civil or criminal proceedings against plaintiff with malicious intent (prior action NEED NOT have terminated in favor of present plaintiff) MALICIOUS prosecution - initiation of civil or ciminal proceeding against plaintiff with no probable cause that plaintiff is liable or guilty, malicious intent (prior action MUST have terminated in favor of present plaintiff) INJURIOUS falsehood (disparagement) - recklessly or intentionally published false assertion of fact leading to pecuniary injury caused by 3rd party's response NEGLIGENT misrepresentation - negligent misstatement of material fact in business of supplying information to others justifiably relied upon by plaintiff interference with prospective ECONOMIC advantage, including contractual relations
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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
Torts - Theories of Vicarious Liability i DARE Plaintiff to Join vicariously liable tortfeasors. DELEGATION of danger AUTOMOBILE ownership RESPONDEAT superior Negligent ENTRUSTMENT known PROPENSITIES JOINT enterprise
DELEGATION of non-delegable duties (inherently dangerous work, like excavation) AUTOMOBILE ownership negligent entrustment (knew of unsafe driving habits) use by family members for a family purpose statutory liability for consenting to another's use of the vehicle RESPONDEAT superior - "master" liable for acts of "servant" if committed within scope of employment negligent ENTRUSTMENT of dangerous instrumentalities to a child failure to control child's known dangerous PROPENSITIES JOINT enterprises - when two or more persons act in concert
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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
Torts - Attractive Nuisance Test To Determine Liability An attractive nuisance is a REAL threat to the safety of children. RECOGNITION of danger EXPENSE ARTIFICIAL LIKELY trespassors
children cannot RECOGNIZE danger EXPENSE of making condition is slight compared to danger dangerous condition on property is ARTIFICIAL children are LIKELY to trespass on property (and possessor knows or should know)
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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
Torts - Defenses to Defamation Privileges It's bad P.R. to defend FOGIES in defamation cases. PROCEEDINGS REPORTS FIRST amendment OPINIONS GOVERNMENT officials INTEREST of EQUAL time broadcasts SPOUSES
statement occurred during PROCEEDINGS of legislative or judicial branch REPORTS of public proceedings FIRST amendment qualified privileges - non-malicious statements about public figures and public controversies, non-negligent statements about a private person fair comment OPINIONS official statements of GOVERNMENT officials statements made in the INTEREST of self, third persons or the public EQUAL time broadcasts communication between SPOUSES
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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
Torts - Defenses to Intentional Torts Hell hath no fury like A SCORN'D tort victim. ARREST SHOPKEEPER's privilege CONSENT defense of OTHERS RECAPTURE of property NECESSITY DEFENSE under protective privilege (self, land, chattels)
use of reasonable force to effect an ARREST SHOPKEEPER's privilege to detain suspect for reasonable time using non-deadly force CONSENT defense of OTHERS if protected party was entitled to use same amount of force RECAPTURE of property if entitled to immediate possession NECESSITY for public purpose or to abate nuisance DEFENSE of self, land and chattels under protective privilege
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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
Torts - Available Remedies Damages, Restitution, Equity Get back at a tortfeasor by Playing CLARINET. PUNITIVE damages COMPENSATORY damages equitable LIEN ASSUMPSIT REPLEVIN INJUNCTION NOMINAL damages EJECTMENT constructive TRUST
PUNITIVE damages for willful, wanton or malicious conduct normally associated with intentional torts COMPENSATORY damages for past, present and foreseeable future loss or injury (unforeseeable special damages must be specifically pleaded) equitable LIEN on defendant's property to secure payment of debt owed to plaintiff ASSUMPSIT (quasi-contract) suit to recover reasonable value of a benefit unjustly retained by defendant (plaintiff must waive tort liability) REPLEVIN to recover possession of specific personal property wrongfully taken INJUNCTION if there is inadequate remedy at law, threat of multiplicity of suits, damages are speculative or too small, and plaintiff will suffer from irreparable injury NOMINAL damages recoverable where no injury sustained EJECTMENT to restore possession of real property from which plaintiff was wrongfully ousted, PLUS mesne damages (rental value during that period) constructive TRUST - equitable creation of a "trust" to compel defendant to reconvey title to property unjustly retained
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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
Torts - Defenses to Claims Brought in Equity Rights in equity LAPSE if U assert a proper defense. LACHES freedom of ASSOCIATION injunction against PROSECUTION freedom of SPEECH injunction to ENJOIN crime UNCLEAN hands
LACHES - equity aids the vigilant, not those who knowingly sit on rights waiting for a defendant to detrimentally change position freedom of ASSOCIATION - equity will not interfere with the internal management of an ASSOCIATION (exception: where property right is embedded in association membership) injunction sought against PROSECUTION of a crime - equity will not enjoin PROSECUTION of a crime (exception: where criminal statute has been declared unconstitutional) freedom of SPEECH - equity will not enjoin SPEECH (exception: national security at stake, sometimes trade libel) injunction sought against criminal act - equity will not ENJOIN crime (exception: public nuisance if criminal prosecution is an inadequate remedy) UNCLEAN hands - he who seeks equity must do equity (where plaintiff's unclean conduct is related to subject matter of suit and defendant is injured by it)
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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
Trusts - Elements of a Valid Trust I know the PARTS of a valid trust. INTENT to create valid PURPOSE ASCERTAINABLE beneficiaries RES named TRUSTEE SETTLOR
INTENT to create a trust is manifest by conduct valid PURPOSE (not contrary to public policy or illegal) ASCERTAINABLE beneficiaries (directly capable of taking and holding title for their benefit) RES must be a presently existing, identifiable property interest named TRUSTEE with active duties who is capable of acquiring, holding and administering the trust res; legal & equitable titles merge if beneficiary and trustee are same person SETTLOR with capacity to understand extent of property, natural objects of bounty and nature of disposition
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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
Trusts - Ways a Trust can be Created it's WICKED smart to create a trust. by WILL INTER VIVOS CONSTRUCTIVE/resulting by K (contract) EXERCISING power of appt. DECLARATION
created by WILL (testamentary trust) INTER VIVOS trust created by transfer of property CONSTRUCTIVE or resulting trust created as a matter of law creation of trust by K (contract) creation of trust by EXERCISING the power of appointment DECLARATION of trust by property owner
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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
Trusts - Duties of Trustee The trustee had a duty to make sure the beneficiary wasn't drinking SPOILED CAB. SELF-DEALING PROTECT corpus not usurp OPPORTUNITIES INFORM on big transactions LITIGATE EXERCISE care, skill, prudence not DELEGATE authority COMPLY with terms ACCOUNTING refrain from BORROWING
refrain from SELF-DEALING (duty of loyalty) PROTECT the corpus of the trust by preserving principal and diversifying the trust portfolio refrain from usurping OPPORTUNITIES available to trust (duty of loyalty) INFORM settlor and beneficiaries of transactions involving more than 25% of trust assets and wait for objections prior to executing the transaction LITIGATE on behalf of the trust when necessary EXERCISE degree of care, skill and prudence which would be exercised by a reasonably prudent person in managing his/her own property avoid DELEGATION of duties involving judgment, discretion or power of appointment (proper administration) COMPLY with terms & duties under trust detailed ACCOUNTING, including earmarking and segregating trust assets separately from personal assets refrain from BORROWING funds from the trust (duty of loyalty)
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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
Trusts - Trustee's Defenses for Breach of Duty A trustee can KIL a suit against him for breach of duty. KNOWING INSTRUMENT LACHES
KNOWING consent (or waiver) to breach of trustee's duties by beneficiary (implicitly applied to beneficiaries who benefited from wrongful act) INSTRUMENT contains exculpatory or "hold harmless" provisions. These are enforceable ONLY if breach was merely negligent and trustee lacked bad faith. LACHES or statute of limitations - failure by beneficiary to timely assert claims
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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
Trusts - When a "Charging Order" to Invade a Spendthrift, Support or Discretionary is Permitted Certain ANTICS let creditors invade the principal of protective trusts. ALIMONY NECESSITIES TAXES INTENTIONAL hindrance of creditor CHILD SUPPORT SELF-SETTLED trust assets
ALIMONY obligations due a former spouse NECESSITIES - debts incurred for food, shelter, medical expenses, etc. TAXES - income necessary to satisfy beneficiary's tax responsibility can usually be attached INTENTIONAL hindrance, delay or defrauding of creditor's claims by transfering assets into a trust CHILD support owed to minor children SELF-settled asset protection trusts where settlor is also the beneficiary (minority rule: permitted if irrevocable and not created to defraud creditors)
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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
Future Interests - Allowed Restraints on Alienation U F See fighters are good at restraining aliens. USE restrictions right of FIRST refusal "wait and SEE"
USE restrictions (with reversionary interest) - "To A but if not used for church purposes, the land shall revert to me." right of FIRST REFUSAL - allows holder to match a third party's offer (if accepted) to buy the property within a reasonable time "wait and SEE" doctrine - imposed by statute where operation of trust continues until last possible relevant time under the RAP (or 90 years) to see if the trust will survive.
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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
Trusts - Ways a Trust can be Terminated When a trust wants to be terminated, it yells "Pour some ACID on ME!!!" PETITION to court ACCOMPLISHED purpose CONSOLIDATION of trusts INCOME interest terminates DONOR termination MERGER of title EXPIRATION of trust term
PETITION to court by beneficiary, spendthrift provision or settlor (if beneficiary is in agreement) purpose ACCOMPLISHED, illegal or impossible (such as if the sole beneficiary dies without heirs) CONSOLIDATION by the court where multiple trusts have same purpose, trustees, settlors and beneficiaries INCOME interest terminates - corpus is distributed to remainder beneficiaries if all income beneficiaries die (doctrine of acceleration) unilateral DONOR termination permitted if this right is specified in the instrument. This right is called a "grantor trust," so assets are included in grantor's estate for tax purposes. MERGER of legal and equitable title when beneficiary and trustee are the same person EXPIRATION of term specified in the trust instrument
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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
Wills - Eight Frequently Tested Problematic "Takers" Under the Will An executor looks to the LIAR DOCS to decide who takes under the will. LATER spouse IRREVOCABLE living trusts ADOPTED children REFUSAL by beneficiary subsequent DIVORCE OMITTED surviving children beneficiaries included in CLASS SATISFACTION by inter vivos transfer
LATER spouse not named in existing valid will usually takes all jointly-owned property and the greater of $50k or 1/2 of the separate property under UPC intestacy succession rules IRREVOCABLE living trusts where the beneficiary is kin (lineal descendants of testator's grandparent) are covered by antilapse statute, but not devises where survivorship is required--all other lapsed devises are added to the residue of the estate. ADOPTED, half-blood, acknowledged and paternity suit children are treated as natural issues for inheritance purposes under the UPC and most states (exception: children take by right of representation if intestacy rules apply) a named beneficiary may REFUSE or disclaim to accept a devise under the will; property is added to residue subsequent DIVORCE causes all provisions favoring ex-spouse to be revoked unless stated otherwise in the will or if listed as beneficiary of insurance policy or ERISA benefit OMITTED surviving children usually qualify for a forced share as if decedent died intestate (unless disinheritance can be proved) CLASS beneficiaries must be sufficiently identifiable; courts refer to statute, testator's intent and applicable rules of construction to determine when class closes SATISFACTION of testamentary devise cannot be made by including inter vivos transfers of gifts given to beneficiary unless that intent stated in writing (i.e., executor can't deduct $20k gift to beneficiary received while testator was living from a $50k will devise)
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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
Wills - Classification of Legacies and Devises Acrostic Some Grantors Die Really Intestate Some - Specific devise or bequest Grantors - General legacy Die - Demonstrative legacy Really - Residuary gift Intestate - Intestate property
SPECIFIC devise or bequest - particular items specified in the will GENERAL legacy - a sum of money to be paid out of any assets of the estate DEMONSTRATIVE legacy - a sum of money to be paid from a particular account or upon sale of a particular asset RESIDUARY gift - everything else not mentioned under a will with a residuary clause, distributed to the primary beneficiaries INTESTATE property - where there is no will, a lapse, disclaimer, no residuary clause, or the only will was successfully challenged (NOTE: most states disfavor intestacy--the court will interpret parol evidence to save any document that exists and adequately expresses the decedent's intent)
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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
Wills - Ways to Revoke the provisions of a Will DIVORCE will AMBUSH beneficiaries. DIVORCE post-will ISSUE VARIANCE OBLITERATION slayer RESTRICTION CY PRES EXPRESS revocation ADEMPTION post-will MARRIAGE BEQUEST advancement UNIFORM Simultaneous Death Act SIGNATURE defaced HOLOGRAPHIC codicil
DIVORCE / annulment (property passes as if the former spouse predeceased testator) post-will ISSUE (revoked as to that child) VARIANCE of provisions that increases a non-residuary gift or changes a beneficiary OBLITERATION by cancellation or physical act (burning or tearing) by RESTRICTION under slayer statute CY PRES modification of testator's bequest by the court to continue charitable purpose when impossible, impractical or wasteful to carry out as stated in the will EXPRESS revocation by subsequent properly executed instrument (including holographic will) ADEMPTION of property devised but not owned at death post-will MARRIAGE (as to surviving spouse's intestate share) BEQUEST advancement paid to beneficiary inter vivos (if gift exceeds intestate share, heir gets nothing) UNIFORM Simultaneous Death Act SIGNATURE of testator intentionally defaced HOLOGRAPHIC codicil modifying a holographic will
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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
Wills - Surviving Spouse's Right to Elective Share A surviving spouse won't get the SHAFT Provided she takes her elective share. SOCIAL SECURITY HOMESTEAD ALLOWANCE FRACTIONAL TANGIBLE PRIVATE PENSION PLANS
SOCIAL SECURITY HOMESTEAD laws secure the family home free of claims of creditors family ALLOWANCE awarded by probate court (statutory authorized maintenance and support during administration of will) FRACTIONAL share of decedent's estate (3% per year of marriage up to 50% under UPC; some states flat 1/3) TANGIBLE personal property set-aside as enumerated by statute PRIVATE PENSION PLANS paid as joint and survivor annuity to worker and spouse
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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
Wills - Ways for Surviving Spouse to Maximize Elective Share United Artists changed the SCRIPT. Now the surviving spouse gets a bigger elective share. US Savings Bonds APPOINTMENT to self SHAREHOLDER agreements gifts CAUSA mortis RETIREMENT benefits INTER VIVOS gifts w/in 1 yr POST-MARRIAGE jointly held property TOTTEN trust assets
UNITED STATES savings bonds (jointly held) APPOINTMENT (to self) of trust res over which decedent had a general Power of Appointment (to give to anybody) SHAREHOLDER agreements entered into after the marriage restricting sale or testamentary disposition of testator's jointly held common stock revoking gifts CAUSA mortis not made in contemplation of death submit claims for decedent's RETIREMENT benefits INTER-VIVOS gifts, even to charity, if made within 1 year of testator's death for more than $10k POST-marriage jointly held property (real or personal) and bank accounts to the extent that spouse furnished consideration collect assets in TOTTEN trust accounts (payable-on-death)
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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
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
is concerned not with procedures used to make a rule or adjudicate an individual case, but with the substance of a rule or an adjudication. It is possible for constitional procedures to be used to implement a ruel but for the rule itself to violate the Constition. Substantive due process protects peoople from aribitrary laws [Procedural Due Processar]
Substantive due process
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
provides that no person shall be deprived of life, liberty, or property without due process of law. [Procedural Due Processar]
Fifth Amendment
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
arbitrary laws [Procedural Due Processar]
Due process is to protect people from what
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
that state and federal goverment treat all persons with a minimum amount of fairness when taking life, liberty,or property. [Procedural Due Processar]
Due process mandates what
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
Procedural and substative [Procedural Due Processar]
Due process has 2 aspectgs what are they?
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
Substantive due process [Procedural Due Processar]
What requires that the law be relatged to the prupose intended or that the govermenthave some substantial reason for theregulation
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
when the laws are reflective of the laws objective [Procedural Due Processar]
What is the rational relationship test
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
freedom of religious choice and practice, fredom of travel, the right to vote, and freedome of the process. [Procedural Due Processar]
Fundamental Rights
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
when that law regulated a fundamental right or suspect class [Procedural Due Processar]
When must a lw law pass a stricter test than that of retional relationship?
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
grounds that have been historically discriminatged against . Race and national orgin are examples of suspect classes [Procedural Due Processar]
What is a suspect class
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
A of actoin valid only if it further compells a govements reasonable interest and there is no reasonable interest. This is applied when fundamental right is impinged or when law or act classifies by race, ethnicity, religion [Procedural Due Processar]
What is the strict scrutiny test
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
law or action that is valid if it is substantially related to a lawful goverment objective. This is applied in limited cases such as classifications based upon gender of "legitimacy of birth" [Procedural Due Processar]
What is the substantlal relationshkp
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
life,liberty, and property [Procedural Due Processar]
What are the interest protected by the Due Process Class
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
due process [Procedural Due Processar]
If life is threatened what must be provided
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
the right to move around as pone pleases without goverment interferance. Alsoone wants to consider a person's interst in their good name. Agencies must consider due process concerns before publically acussing an individual of sumething that is humiliating,stagmatizing,or damaging to one's reputation. [Procedural Due Processar]
What does liberty interests encompass?
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
real property, tangiable or intangiable property, entitlements, goverment employment, licenses, utilities, and education [Procedural Due Processar]
Property rights include
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
goverment benefits or entitlements, [Procedural Due Processar]
Entitlements inc lude:
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
Goldberg v. Kelly, where the Court stated "it may be realistic today to regard welfare entitlements as more like "property than a "gratuity.; Much of the existing wealth in this country takes the form of rights that do not fall iwthin traditional commom-law concepts of proeprty. The court stated that a person has protected property interst in a benefit if he or she has a "legitimate claim to that benefit" [Procedural Due Processar]
Rights-verses privilages doctrine was rejected in which case.
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
484056a1_tive_Law_Flashcards___Cram_com__Procedural_Due_Processar
property interest in h is or her employment. See Sidermann case. It shows that a goverment employee must have a ligitimate claim of entitlement to employment in order to be protectected by due process [Procedural Due Processar]
What type of interest dues a nonprobatonary employee have
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Administrative Law Flashcards - Cram.com
Procedural Due Processar
http://www.cram.com/flashcards/administrative-law-753821
46/1438042988922.24_20150728002308-00262-ip-10-236-191-2_399071100_0.json
d543994f_bio_Flashcards___Cram_com__madreporite
fluid-filled tubes that aid the starfish in movement [madreporite]
tube feet
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bio Flashcards - Cram.com
madreporite
http://www.cram.com/flashcards/bio-1760805
46/1438042986444.39_20150728002306-00085-ip-10-236-191-2_385770120_0.json
d543994f_bio_Flashcards___Cram_com__madreporite
organs used to extract oxygen from water [madreporite]
gills
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bio Flashcards - Cram.com
madreporite
http://www.cram.com/flashcards/bio-1760805
46/1438042986444.39_20150728002306-00085-ip-10-236-191-2_385770120_0.json
d543994f_bio_Flashcards___Cram_com__madreporite
pincer-like structures of a starfish that aid in cleaning [madreporite]
pedicellariae
[]
bio Flashcards - Cram.com
madreporite
http://www.cram.com/flashcards/bio-1760805
46/1438042986444.39_20150728002306-00085-ip-10-236-191-2_385770120_0.json
d543994f_bio_Flashcards___Cram_com__madreporite
protein substance that makes up the exoskeleton of arthopods [madreporite]
chitin
[]
bio Flashcards - Cram.com
madreporite
http://www.cram.com/flashcards/bio-1760805
46/1438042986444.39_20150728002306-00085-ip-10-236-191-2_385770120_0.json
d543994f_bio_Flashcards___Cram_com__madreporite
any structure such as an arm or leg that sticks out from the body [madreporite]
appendage
[]
bio Flashcards - Cram.com
madreporite
http://www.cram.com/flashcards/bio-1760805
46/1438042986444.39_20150728002306-00085-ip-10-236-191-2_385770120_0.json
d543994f_bio_Flashcards___Cram_com__madreporite
young stage of grasshopper [madreporite]
nymph
[]
bio Flashcards - Cram.com
madreporite
http://www.cram.com/flashcards/bio-1760805
46/1438042986444.39_20150728002306-00085-ip-10-236-191-2_385770120_0.json
d543994f_bio_Flashcards___Cram_com__madreporite
cocoon stage of insect where it changes into an adult [madreporite]
pupa
[]
bio Flashcards - Cram.com
madreporite
http://www.cram.com/flashcards/bio-1760805
46/1438042986444.39_20150728002306-00085-ip-10-236-191-2_385770120_0.json
d543994f_bio_Flashcards___Cram_com__madreporite
young stage of an animal that does not resemble the adult [madreporite]
larva
[]
bio Flashcards - Cram.com
madreporite
http://www.cram.com/flashcards/bio-1760805
46/1438042986444.39_20150728002306-00085-ip-10-236-191-2_385770120_0.json
d543994f_bio_Flashcards___Cram_com__madreporite
change in body form from egg to adult [madreporite]
metamorphosis
[]
bio Flashcards - Cram.com
madreporite
http://www.cram.com/flashcards/bio-1760805
46/1438042986444.39_20150728002306-00085-ip-10-236-191-2_385770120_0.json
d543994f_bio_Flashcards___Cram_com__madreporite
membrane of mollusks that secretes the shell and protects inner organs [madreporite]
mantle
[]
bio Flashcards - Cram.com
madreporite
http://www.cram.com/flashcards/bio-1760805
46/1438042986444.39_20150728002306-00085-ip-10-236-191-2_385770120_0.json
d543994f_bio_Flashcards___Cram_com__madreporite
egg laying device of some insects [madreporite]
ovipositor
[]
bio Flashcards - Cram.com
madreporite
http://www.cram.com/flashcards/bio-1760805
46/1438042986444.39_20150728002306-00085-ip-10-236-191-2_385770120_0.json
20625337_Ecology_Flashcards___Cram_com__rs__Predators__and_Mutualists_
[Types of human interaction?] What led to the need for population management?
Overexploitation.
[]
Ecology Flashcards - Cram.com
Exploiters, Competitors, Predators, and Mutualists.
http://www.cram.com/flashcards/ecology-325977
46/1438042988922.24_20150728002308-00024-ip-10-236-191-2_399096143_0.json
20625337_Ecology_Flashcards___Cram_com__rs__Predators__and_Mutualists_
[Types of human interaction?] The amount of resource harvested per unit time?
Yield.
[]
Ecology Flashcards - Cram.com
Exploiters, Competitors, Predators, and Mutualists.
http://www.cram.com/flashcards/ecology-325977
46/1438042988922.24_20150728002308-00024-ip-10-236-191-2_399096143_0.json
20625337_Ecology_Flashcards___Cram_com__rs__Predators__and_Mutualists_
[Types of human interaction?] Harvesting at a level that will ensure a similar yield over and over without forcing the population into decline?
Sustained Yield.
[]
Ecology Flashcards - Cram.com
Exploiters, Competitors, Predators, and Mutualists.
http://www.cram.com/flashcards/ecology-325977
46/1438042988922.24_20150728002308-00024-ip-10-236-191-2_399096143_0.json
20625337_Ecology_Flashcards___Cram_com__rs__Predators__and_Mutualists_
[Types of human interaction?] Inventory, measurement of growth and potential yields of biomass, and manipulation of populations or stands of trees?
Forestry Management.
[]
Ecology Flashcards - Cram.com
Exploiters, Competitors, Predators, and Mutualists.
http://www.cram.com/flashcards/ecology-325977
46/1438042988922.24_20150728002308-00024-ip-10-236-191-2_399096143_0.json
20625337_Ecology_Flashcards___Cram_com__rs__Predators__and_Mutualists_
[Types of human interaction?] How can we relate agriculture with human/plant and animal mutualism?
The vast majority of human food resources comes from agriculture. Many agricultural products are a result of intense selective breeding resulting in a stronger species of plant able to flourish at a higher rate. The same is true for livestick.
[]
Ecology Flashcards - Cram.com
Exploiters, Competitors, Predators, and Mutualists.
http://www.cram.com/flashcards/ecology-325977
46/1438042988922.24_20150728002308-00024-ip-10-236-191-2_399096143_0.json
20625337_Ecology_Flashcards___Cram_com__rs__Predators__and_Mutualists_
[Types of human interaction?] General term describing plants growing anywhere they are not desired?
Weeds.
[]
Ecology Flashcards - Cram.com
Exploiters, Competitors, Predators, and Mutualists.
http://www.cram.com/flashcards/ecology-325977
46/1438042988922.24_20150728002308-00024-ip-10-236-191-2_399096143_0.json
20625337_Ecology_Flashcards___Cram_com__rs__Predators__and_Mutualists_
[Types of human interaction?] Animals that humans consider undesireable?
Pests.
[]
Ecology Flashcards - Cram.com
Exploiters, Competitors, Predators, and Mutualists.
http://www.cram.com/flashcards/ecology-325977
46/1438042988922.24_20150728002308-00024-ip-10-236-191-2_399096143_0.json
20625337_Ecology_Flashcards___Cram_com__rs__Predators__and_Mutualists_
[Types of human interaction?] One of the common ways of controlling weeds and pests?
Chemicals (insecticides, herbicides, and pesticides).
[]
Ecology Flashcards - Cram.com
Exploiters, Competitors, Predators, and Mutualists.
http://www.cram.com/flashcards/ecology-325977
46/1438042988922.24_20150728002308-00024-ip-10-236-191-2_399096143_0.json
20625337_Ecology_Flashcards___Cram_com__rs__Predators__and_Mutualists_
[Types of human interaction?] The goal of restoration ecology?
To return an ecosystem to a close approximation of its conditions prior to disturbance through the application of ecological principles.
[]
Ecology Flashcards - Cram.com
Exploiters, Competitors, Predators, and Mutualists.
http://www.cram.com/flashcards/ecology-325977
46/1438042988922.24_20150728002308-00024-ip-10-236-191-2_399096143_0.json
20625337_Ecology_Flashcards___Cram_com__rs__Predators__and_Mutualists_
[Types of human interaction?] Types of restoration efforts?
Rejuvenation of existing communities, Recreation of the community from scratch, Reintroduction of exploited species, and Transplantation of individuals.
[]
Ecology Flashcards - Cram.com
Exploiters, Competitors, Predators, and Mutualists.
http://www.cram.com/flashcards/ecology-325977
46/1438042988922.24_20150728002308-00024-ip-10-236-191-2_399096143_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Criminologists
Identify crime problems, collect and analyze data, and communicate research findings to inform criminal justice and related public policy.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Theory
A means of explaining natural occurrences through statements about the relationships between observable phenomena.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Functionalism
A theoretical perspective which contends that social order is realized because people reach a normative consensus, that is, agreement over right and wrong.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Criminal Behavior
Any behavior that is in violation of the criminal law.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] The conflict Perspective
Based on the premise that wealth and power vary across groups. Inequality generates conflicting social values, the basis of much crime.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Social Norms
Patterns of expected behavior that govern society.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Interactionist Perspective
Focuses on social behavior from the standpoint of the individuals involved in day-to-day interaction and defines criminal behavior as a product of social learning.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Deviant Behavior
Behavior that does not conform to the social norms of society.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Conformity
Refers to behavior that complies with the norms of a community or society.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Socialization
The process by which individuals internalize many of the socially approved values, attitudes, beliefs and behavioral patterns of their society.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Laws
Formal norms that have been codified as punishable offenses against society or its citizens.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Felonies
The more serious of the two basic types of crime, usually resulting in a penalty of one year or more in prison.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Misdemeanors
The lesser of the two basic types of crime, usually punishable by no more than one year in prison.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Mens Rea
Means "guilty mind" and defines criminal intent.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Mala Prohibita
Acts that are viewed as criminal simply because the law says so.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Mala in se
Acts that are viewed as criminal because they are wrong, immoral or evil in themselves.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Civil/Tort Laws
Deals with non-criminal offenses that are handled by civil rather than criminal courts.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Juvenile Delinquency
Refers to illegal acts committed by young people, usually sixteen to eighteen years of age or younger.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Uniform Crime Reports (UCR)
The U.S. government's official source of data on crime that relies on police reports of crimes that they hear about from citizens.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Index Offenses
The term used by the UCR for the eight felonies to which it devotes the most attention: murder and nonnegligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor-vehicle theft, and arson.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Crime Rate
In the UCR, the number of crimes per 100,000 persons in some location or subgroup of the population; in the NCVS, the number of victimizations per 1,000 persons or 1,000 households.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Crimes Known to the Police
The UCR's term for the "official" number of crimes that the police report to the UCR and that the UCR, in turn, reports to the public.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] The Dark Figure of Crime
The range of crimes that are committed in society but are undiscovered, unreported, or unrecorded.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] National Crime Victimization Survey (NCVS)
An annual survey given by the government to people in thousands of randomly selected households around the nation that asks residents of these households a series of questions about crimes that they, other household members, and the household itself have experienced during the past six-month period.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Self-Report Surveys
Surveys in which respondents are asked to provide information on various offenses they may have committed.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json
957c3478_cabulary_Flashcards___Cram_com__minals__and_criminal_behavior_
[Criminology] Prevalence
In a self-report survey, the percentage of respondents who have committed an offense at least once within a certain time period.
[]
Patterns of Criminal Behavior - Exam 1 Vocabulary Flashcards - Cram.com
Scientific study of crime, criminals, and criminal behavior.
http://www.cram.com/flashcards/patterns-of-criminal-behavior-exam-1-vocabulary-732428
46/1438042986444.39_20150728002306-00256-ip-10-236-191-2_386261047_0.json