Bar Mnemonics Thread

Calicakes
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Re: Bar Mnemonics Thread

Postby Calicakes » Mon Jul 13, 2015 1:57 pm

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
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Re: Bar Mnemonics Thread

Postby RaiRai » Tue Jul 14, 2015 11:54 am

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
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Re: Bar Mnemonics Thread

Postby redblueyellow » Thu Jul 16, 2015 1:23 am

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

Cause besides contributory negligence, I'm drawing blanks.

RaiRai
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Joined: Tue Apr 28, 2015 1:27 am

Re: Bar Mnemonics Thread

Postby RaiRai » Sun Jul 19, 2015 8:47 pm

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

Calicakes
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Re: Bar Mnemonics Thread

Postby Calicakes » Tue Jul 21, 2015 5:56 pm

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.

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Good Guy Gaud
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Re: Bar Mnemonics Thread

Postby Good Guy Gaud » Tue Jul 21, 2015 5:59 pm

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


I really like this one.

Calicakes
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Re: Bar Mnemonics Thread

Postby Calicakes » Tue Jul 21, 2015 6:02 pm

Good Guy Gaud wrote:
Calicakes wrote: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
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Re: Bar Mnemonics Thread

Postby Calicakes » Tue Jul 21, 2015 6:45 pm

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
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Re: Bar Mnemonics Thread

Postby yurista » Tue Jul 21, 2015 7:12 pm

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
Posts: 59
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Re: Bar Mnemonics Thread

Postby RaiRai » Tue Jul 21, 2015 7:38 pm

^ that SPARERIBS mnemonic is cool.

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

redblueyellow
Posts: 465
Joined: Sun Jan 11, 2015 9:50 pm

Re: Bar Mnemonics Thread

Postby redblueyellow » Tue Jul 21, 2015 9:41 pm

yurista wrote: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?

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RaleighStClair
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Re: Bar Mnemonics Thread

Postby RaleighStClair » Wed Jul 22, 2015 7:24 pm

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)

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RaleighStClair
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Re: Bar Mnemonics Thread

Postby RaleighStClair » Wed Jul 22, 2015 7:29 pm

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
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Re: Bar Mnemonics Thread

Postby old_soul » Thu Jul 23, 2015 3:04 pm

Requesting mnemonics for Hearsay. Anyone?

wutwutwut
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Re: Bar Mnemonics Thread

Postby wutwutwut » Thu Jul 23, 2015 3:12 pm

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

substantial Nexus
fair Apportionment
fair Relationship

wutwutwut
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Re: Bar Mnemonics Thread

Postby wutwutwut » Thu Jul 23, 2015 3:22 pm

Invasions of Privacy: F, I CU P

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

redblueyellow
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Joined: Sun Jan 11, 2015 9:50 pm

Re: Bar Mnemonics Thread

Postby redblueyellow » Thu Jul 23, 2015 3:53 pm

wutwutwut wrote: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
Posts: 115
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Re: Bar Mnemonics Thread

Postby Calicakes » Thu Jul 23, 2015 5:11 pm

redblueyellow wrote:
wutwutwut wrote: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
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Re: Bar Mnemonics Thread

Postby coffeeandcream » Thu Jul 23, 2015 5:51 pm

Obscene Speech (Conlaw)

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

Purient Interest
patently Offensive
lacks servious Value

redblueyellow
Posts: 465
Joined: Sun Jan 11, 2015 9:50 pm

Re: Bar Mnemonics Thread

Postby redblueyellow » Fri Jul 24, 2015 5:54 am

coffeeandcream wrote: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
Posts: 465
Joined: Sun Jan 11, 2015 9:50 pm

Re: Bar Mnemonics Thread

Postby redblueyellow » Fri Jul 24, 2015 5:56 am

Calicakes wrote: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
Posts: 115
Joined: Wed May 20, 2015 1:31 am

Re: Bar Mnemonics Thread

Postby Calicakes » Fri Jul 24, 2015 2:29 pm

redblueyellow wrote:
Calicakes wrote: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
Posts: 115
Joined: Wed May 20, 2015 1:31 am

Re: Bar Mnemonics Thread

Postby Calicakes » Fri Jul 24, 2015 2:30 pm

redblueyellow wrote:
coffeeandcream wrote: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
Posts: 76
Joined: Sat Jun 06, 2015 1:12 pm

Re: Bar Mnemonics Thread

Postby stronitsing » Fri Jul 24, 2015 5:00 pm

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
Posts: 115
Joined: Wed May 20, 2015 1:31 am

Re: Bar Mnemonics Thread

Postby Calicakes » Fri Jul 24, 2015 5:47 pm

RaiRai wrote:^ 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




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