Bar Mnemonics Thread Forum

[Calicakes]

Not a Mnemonic per say, but check out IG user CONECANDY. ( IG= Instagram)

He has some great drawings to remember concepts. Very talented dude

[RaiRai]

Agency:

Instances when principal is liable for the intentional torts of his agent:

3 F's:

F - force is specifically authorized by the principal (ex. bouncer)
F - friction is generated by the nature of the employment (ex. bill collector)
F - furthering the business of the principal

[redblueyellow]

Does anyone have a mnemonic for the common affirmative defenses in fed civ pro?

Cause besides contributory negligence, I'm drawing blanks.

[RaiRai]

Any mnemonics for Compulsory Joinder analysis (requirements for necessary parties and then indispensable parties when joinder is not feasible)? Hate these . Thanks.

[Calicakes]

Here are a few for Con Law.

Congress' enumerated powers
CREATES DICE. V
Civil Rights, Elections, admiralty, taxation, eminent domain, spending/taxing 4 general welfare, defense, Interstate commerce, citizenship, External( foreign affairs)

Lemon Test for Establishment clause
SEX
Secular purpose, effect must not enhance or inhibit religion
Cant foster Xcessive govt't entanglement

Miller Test for Obscenity
PP SLAP
Prurient interest in sex
patently offensive
SLAP- Lacks serious scientific, literary, artistic or political value.

Time, place manner restrictions
Conlaw sucks Ass. = CSA
Content neutral, Significant gov't interest, ample other channels.

[Good Guy Gaud]

Time, place manner restrictions
Conlaw sucks Ass. = CSA
Content neutral, Significant gov't interest, ample other channels.

I really like this one.

[Calicakes]

Time, place manner restrictions
Conlaw sucks Ass. = CSA
Content neutral, Significant gov't interest, ample other channels.

I really like this one.

Thanks. I made that one up and the Miller Test. PP SLAP. It kinda sounds obscene so it helps me remember.

I use a scrabble word finder to help me make up words.

[Calicakes]

For Prof. Respon. California
Southern California Clients Love fierce counsel donning rolex watches
Duties to clients
Sensible and responsible
Confidentiality
communicate
loyalty
fiduciary
competence
diligence
representation
withdrawal.

[yurista]

Motion to Dismiss

DOWNFALL

Documentary Evidence (i.e. fully integrated K)
Other action pending
Want of legal capacity
Non joinder of necessary parties
Failure to state a COA
Affirmative Defenses [SPARERIBS]
Lack of PJ
Lack of SMJ

Affirmative defenses
SPARERIBS

SOL
Payment
Arbitration and Award
Res judicata
Estoppel
Release
Infancy
Bankruptcy
SOF

[RaiRai]

^ that SPARERIBS mnemonic is cool.

Any mnemonic for expert witness requirements for FRE and CA? basic requirements + Daubert/Kumho or Kelley/Frye? Thanks.

[redblueyellow]

Affirmative defenses
SPARERIBS

SOL
Payment
Arbitration and Award
Res judicata
Estoppel
Release
Infancy
Bankruptcy
SOF

So according to this site, there's like fifty million affirmative defenses. We're supposed to know how many, approximately?

[RaleighStClair]

Options for tenants when the implied warranty of habitability has been breached.

"BRRR, it's cold in here; what the **** is wrong with my landlord?"

Bounce (vacate and terminate the lease)
Repair (and deduct the costs)
Reduce (or withhold rent)
Remain (and sue for money damages)

[RaleighStClair]

Landlord tort liability to tenants when injuries occur on leased property.

CLAPS - "The tenant CLAPS when he finds out his landlord is paying for all those judgments against him."

Common areas
Latent defects
Assumption of repairs
Public use
Seasonal/Short Term leases.

[old_soul]

Requesting mnemonics for Hearsay. Anyone?

[wutwutwut]

For state sales tax: Shred the NAR (because con law tax analysis is sooooooooo cool).

substantial Nexus
fair Apportionment
fair Relationship

[wutwutwut]

Invasions of Privacy: F, I CU P

False light
Invasion into private affairs
Commercial Use
Public disclosure of private facts

[redblueyellow]

Invasions of Privacy: F, I CU P

False light
Invasion into private affairs
Commercial Use
Public disclosure of private facts

Hmm, I know which torts you're referring to, but I was always taught them as:

False light
Intrusion upon seclusion
Misappropriation
Disclosure

[Calicakes]

Invasions of Privacy: F, I CU P

False light
Invasion into private affairs
Commercial Use
Public disclosure of private facts

Hmm, I know which torts you're referring to, but I was always taught them as:

False light
Intrusion upon seclusion
Misappropriation
Disclosure

I use this AFLIP
Appropriation= D uses P's name or pic, for commercial advantage, newsworthy exception
False Light
Intrusion upon seclusion- D's invasion of P's solitude( place where privacy expected), Objectionalble to average person
Public Disclosure of Private Facts

[coffeeandcream]

Obscene Speech (Conlaw)

POV - As in, what's obscene? It depends on your P.O.V.

Purient Interest
patently Offensive
lacks servious Value

[redblueyellow]

Obscene Speech (Conlaw)

POV - As in, what's obscene? It depends on your P.O.V.

Purient Interest
patently Offensive
lacks servious Value

I prefer PP SLAP since you get to cover the specifics:

Prurient interest
Patently offensive
lacks Scientific, Literary, Artistic, Political value

[redblueyellow]

For Prof. Respon. California
Southern California Clients Love fierce counsel donning rolex watches
Duties to clients
Sensible and responsible
Confidentiality
communicate
loyalty
fiduciary
competence
diligence
representation
withdrawal.

What's the sensible and responsible rules?

[Calicakes]

For Prof. Respon. California
Southern California Clients Love fierce counsel donning rolex watches
Duties to clients
Sensible and responsible
Confidentiality
communicate
loyalty
fiduciary
competence
diligence
representation
withdrawal.

What's the sensible and responsible rules?

In regards to sex with clients.

[Calicakes]

Obscene Speech (Conlaw)

POV - As in, what's obscene? It depends on your P.O.V.

Purient Interest
patently Offensive
lacks servious Value

I prefer PP SLAP since you get to cover the specifics:

Prurient interest
Patently offensive
lacks Scientific, Literary, Artistic, Political value

Thanks. That one helps me a lot.

[stronitsing]

NY Trusts

Resulting Trust (RESULT)
Reversion to settlor because nobody left to take (no alive remainder beneficiary/can't apply cy pres for charitable trust because no intent)
Evaded creditors of PMRT payor
Semi-Secret Trust
Unknown to payor that owner took title
Lacks human beneficiary (honorary)
Trust violation because purchased with another's money

Constructive Trust (CONST)
Confidential relationship with testator
Owner promised payor to reconvey
No intent to hold as trustee when received and made promise
Secret Trust
Testator killed

Two hours well spent.

[Calicakes]

^ that SPARERIBS mnemonic is cool.

Any mnemonic for expert witness requirements for FRE and CA? basic requirements + Daubert/Kumho or Kelley/Frye? Thanks.

Daubert/Kumho
PETA
Peer reviewed and published
Error rate( low)
Tested( and ability to retest)
Acceptance( reasonable rate of)

CA requires general acceptance