-
Torts: Subject to Products Liability "MINIS"
- Misrepresentation
- I
mplied Warranty- N
egligence- I
ntent- S
trict Liability
-
Torts: When you have to warn licencees of danger
"AC/DC"
Artificial Conditions / Dangerous Concealed ones
-
Torts: Affirmative Duty to Rescue- "CRAPS"
- Contract
- R
elationships, special- A
ssumption of risk- P
eril created by you- S
tatute
-
Torts: Invasion of Privacy "CLIP"
- Commercial appropriation
- L
ight, false- I
ntrusion upon seclusion- P
ublic disclosure of private facts
-
Torts: Slander per se categories "LUMP"
- Loathsome disease
- U
nchasity- M
oral turpitude- P
rofession/ business reputation
-
Property: Ways to create an easement "PING"
- Prescription
- I
mplication- N
ecessity- G
rant
*Also express
-
Property: Covenants you convey via general warranty deed "QWF-ERS"
- Quiet enjoyment
- W
arranty against future lawsuits- F
urther surrances
- Encumberances
- R
ight to convey (no restrictions)- S
eisin (you own the land)
-
Property: Exception to voluntary waste
Prior Use
epair (can use proceeds from thing to make R repair) - G
rant (conveyance expressly say you can do) - E
xploitation (land is only good for the particular use)
-
Property: Adverse Possession
- Continuous
- O
pen- H
ostile- E
xclusive- N
otorious- S
tatutory Period
-
Property: How to terminate an easement
"END CRAMP"
- Esoppel (promise by holder it won't be enforced + serviant estate reliance)
- N
ecessity (expire when necessity ends, unless expressly granted)- D
estruction(of serviant land, unless thru willful conduct of serviant tenant)
- Condemnation (eminent domain)
- R
elease (written release by easement holder) - A
bandonment (holder demonstrates by physical action)- M
erger (title of dominant & serviant become vested in same person)- P
rescription (Adverse possession--> COHENS)
-
Evidence: Authentication for Business Records "BLAC"
- B- record kept in ordinary course of regular business
- L-
(knowledge)was regular course of ordinary busiess for a person who learned of the matter to make such a record - A
- records were made at or near the time of the event - C
- W must say that he is the custodian of the record (he wrote it)
-
Evidence: Expert W "Daubert Test" TARP
- Tested methodology
- A
cceptance by other experts- R
ate of error- P
eer review and publication
-
Evidence: Uses of prior bad acts for non-character purposes POMIP KIA
- Preparation
- O
pportunity- M
otive- I
ntent- P
lan
- Knowledge
- I
dentity- A
bsence of mistake/accident
-
Evidence: Hearsay exceptions- Declarant Unavailable
For Fucks Sake Dawg
- Former testimony
- F
orfiture by wrongdoing - S
tatement against interest- D
ying declarations
-
Crim: The 6th A gives you the rithto CATS
- Confront Ws
- A
ssistance of counsel- T
trial by jury- S
peedy trial
-
Crim: The exclusionary rule doesn't apply to "KC PIGS"
- Knock and announce
- C
ivil proceedings
- Parole revocation proceedings
- I
mpeachment purposes- G
rand jury- S
tate law violations
-
Crim: Burglary "BED NOW"
- Breaking and
- E
ntering of a- D
welling at
- Nighttime
- O
f another- W
ith intent to commit a felony inside the dwelling
-
Crim: Stealing Crimes
"LEFT" hand people steal
- *All specific intent crimes
- Larceny
- E
mbezzlement- F
alse pretenses (to gain title)- T
rick, larceny by (to gain possession)
-
Crim: MAlice Crimes
Murder
Arson
-
Crim: General Intent Crimes BaRK FID
- False imprisonment
- I
nvoluntary manslaugher- D
epraved heart murder
-
Crim: Exceptions to warrant reqs "ESCAPIST"
- Exigent circumstances (fligh or destructiono of evidence)
- S
pecial needs (border searches, schools, probationers homes, gov employees)- C
onsent - A
utomobile- P
lainview- I
nventory- S
earch Incident to Lawful Arrest- T
erry Stop & Frisk
-
Contracts: Reasons a K may not be enforceable
DAM U SMELL
Unconscionability
tatute of Frauds - M
isrepresentation - E
xisting laws - L
ack of consideration - L
ack of capacity
-
Contracts: Agreements subject to Statute of Frauds
"MY LEGS"
- Land
- E
state (testamentary)- G
oods > $500- S
urety (guaranteeing another's debt)
-
Con Law: Lemon Test "SEX"
- Elements:1)Secular purpose
- 2) Primarily secular Effect
- 3)Avoids eXcessive entanglements between gov & religion
-
Con Law: Commerce Power "SIC"
- 1. Substantially effects interstate commerce2. Instumentalities of interstate commerce3. Channels of interstate commerce
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