Subject Topic/Subtopic Mnemonic Meaning

CIV. PRO

23(a) Class Action pre-reqs. ACT-N Adequacy, Commonality, Typicality, Numerosity

Bases of Pers.al Jurisdiction Count VLAD Consent, Voluntariness, Long Arm Statute, Attachment of Prop., Domicile
Preliminary Injunction Removal FLIB THIRTY/REMOVE (1) Feasibility of Court Supervision; (2) Likelihood of success on the merits; (3) Irreparable Harm; (4) Balancing of Harm b/w parties
Motion for a New Trial I twenty HATE (H8) this verdict! 30 days to Remove, 28 days to file a motion for New Trial after the verdict is entered
Same issue, Actually litigated, Final Judgment, Essential to prior judgment
Elements of Issue Preclusion SAFE
Sufficiently identical Parties; Sufficiently identical causes of Action; valid, final judgment on the
Elements of Claim Preclusion PAM
Merits
CON
LAW
Standing [to sue] reqs. RIC Redressability, Injury in Fact, Causation
(1) Member has Standing; (2) interest at stake /Germane to Org.'s Purpose
Org. Standing on behalf of members SCOTUS Original Jx
MS. GOP PACS RAN (1) Pub. Ministers (2) Ambassadors (3) Consuls (4) State is a party
Suspect Classes
(1) Race (2) Alienage-citizenship (3) National Origin

(1) Contraception (2) Abortion (3) Marriage (4) Procreation (5) Educate children privately (6)
Fundamental privacy Rts.
CAMPER ICES rel.s b/w family members
Congress's ability to regulate interstate commerce
(1) Instrumentalities (2) Channels (3) Economic activities w/ a Substantial effect on IC
Obscenity PeePee Art (1) Patently Offensive; (2) Prurient interest; (3) lacks Artistic value
Preemption MICE (1) Mutually exclusive (2) Impedes Fed. Obj. (3) Clear intent to preempt field (4) Express preemption
Dormant Commerce Clause exclusions TGF, NSI, MP (1) Traditional gov't Function (2) Necessary to Impt. State Interest or (3) Mkt. Participant;
Dormant Commerce Clause exclusions
SAD rel.ship (1) Substantial Nexus b/w tax & prop. being taxed; (2) Apportioned Equally; (3) Discriminatory (NOT) (4) Relationnship to Interstate Commerce
State Tax on Interstate Commerce.
BEE (1) Balancing interest of state & individual; (2) Economic impact; (3) expectations-- investment backed
Regulatory Taking Time, Place, Manner
FANS (1) Facially & in applicability content-neutral; (2) Alt. channels of communication; (3) Narrowly tailored to achieve a sig. gov't interest
DUR
Dormant Clause (1) Regulates out-of-state [extraterretorial] activity; (2) Unduly burdens interstate commerce; & (3) Discriminates against out-of-state competition
RUD
Judicial Review RAMPS AISG Ripeness, Abstenance/Advisory opinions, Mootness, Pol. Q, St&ing - Adequate & Indp't State Grounds
Procedural Due Process Nurses Help People (Doctors & Patients) (1) Notice + (2) Hearing is req.d for Procedural Due Process
PISS (1) Power to enact law; (2) Important gov't interest; (3) Supression of speech-- unrelated; (4) Speech-- burdens no more than necessary
Speech-based conduct Powers of Congress
WT CAPE War & defense powers, Taxation & spending, Commerce, Aliens/citizenship, prop. power, Enforcement of the Civil War 13-15th Amend.'s

Content neutral, Alt. Channels of Communication, Narrowly Serve a Sig. Interest:

CANS: SEX.
(1) Secular purpose (2) Effect primarily does not advance/inhibit religion & (3) no eXcessive gov't entanglement.
STIL SIPP WEB ACCC (STILl SIPP
Public Forum Spending, Taxing, Investigatory, Legislative, Speech & debate, Immigration/naturalizaiton, prop., Postal, War & defense, Eminent domain, Bankruptcy, Admiralty,
Whiskey Everyday b/c Always Crying Can't Comfort)
Commerce, Copyright, Civil War Amend.
Fighting CODS M.SOUR
Fighting words, commercial speech, obscenities, defamation, subversive speech Marriage, Suretyship, One-year, UCC $500, Real prop.

Lemon test: Establishment Clause PEE (1) secular legislative purpose, (2) effect does not inhibit/advange religion, & (3) not result in excessive engaglement.
CONTRA
CTS &
SALES
SoF triggers MY LEGS MUM IF ID Marriage, Year, Land, Executor, Goods $500+, Suretyships, Misunderstanding, Unconscionability, Mistake, Incapacity, Fraud, Illegality, Duress
Defenses to K Formation I FIMDUM Incapacity, Fraud, Illegality, Misunderstanding, Duress, Unconscionability, Mistake
Valid Contract Formed? Pizza With Crawling Escargot Parol-Evidence rule, Warranties, Conditions, Excuse of performance obligation (impracticality, frustration of purpose, etc.)

CORP.(S)
& LLCS

ERA (1) Expressly ratifies through words/writing; (2) Ratification happens before 3P withdraws; (3) Actual knowledge of the material facts of the act.
Ratification - When to pierce Corp. Veil
FUC* An Ego Fraud, Under-Capitalization, Alter-Ego

S'holders- voluntary dissolution of corp Specific intent crimes WAD-up corp. MIAT Corp assets are being WASTED; directors are ACTING fraudulently; DEADLOCKED S'holders & directors
Inchoate offenses CAtS M1, Inchoate crimes, Assault w/ intent to commit: a battery, Theft offenses Conspiracy, Attempt, Solicitation

CRIMINA
L
LAW/PRO
 Gen. Intent Crimes DIKBRF "Dick Barf" Depraved-Heart Murder; Involunary Manslaughter; Kidnapping; Battery; Rape; False Imprisonnment >> Voluntary Intoxication IS NOT a defense

Theft/Inchoate Offenses FLERF SAC (1) False pretenses (2) Larceny [incl: trick or robbery] (3) Embezzlement (4) Receiving stolen prop. & (5) Forgery. - Solicitation, Attempt, Conspiracy

Malice crimes it's malicious not to have AC. Arson + [CL] Murder
M1
You either get a D & Pass or you Fail BARRK Either (1) Deliberate & Premeditated; or (2) Felony MUDER: Burglary, Arson, Rape, Robbery, Kidnapping.
Inherently dangerous offenses (Felony Murder)
Involuntary Manslaughter (2d Murder) UIIK w/o DPM Unjustifiable, Inexcusable, & Unintentional killing of a human w/o Deliberation, Premeditation, & Malice.
Arson BOOM Burning, of the dwelling, of another with, malice (+ Boom = modern trend encompasses explosives)
Malice Aforethought FIRE Felony murder, Intent to kill, Reckless disregard for life, Extreme bodily harm
Larceny by: trick vs. false pretenses TP v. PT Trick/Possession (TP) vs. Pretenses/Title (PT)
Larceny Two Tricky Child-ish Pers.s Avoided Spanking Trespassory, Taking, Carrying away, of Pers.al prop., of Another, with intent to Steal
Burglary BED ICF [illegally] Breaking & Entering, Dwelling of Another, w/ specific Intent (purpose) to Commit Felony therein; often larceny.
Burglary Forgery
Burglary + MOWW BURGLARY + Making, of a, writing w/ Apparent Legal Significance, w/ the Intent to Defraud
excs.: to warrant req.
Excl. to Warrant Reqs. BACH'S PIES* allow warrantless- Border-; Automoblie-; Consent; Hot pursuit; School-; Plain view-; -Incident to arrest; Exigent circumstances/ Emergency-; Street encounters
Improperly executed warrant, Fraudulently obtained warrant, no Reasonble officer would rely on the affidavit underlying the warrant, Defective on its face,
excs.: to Good Faith exc.: to the Exclusionary Rule I Feel Real Dumb, Man PUR like a kitty
Magistrate wholly abandons hisjudicial role
excs.:Miranda's Speedy Trial - Balancing Test Why did you take a LAP?
pub. safety exc.:, Undercover cop, Routine booking Qs LENGTH of delay, defendant's ASSERTION of right, PREJUDICE to D.
EVIDENC
E
Admissible Evid. of prior bad acts MIAMI CSP Motive; Intent; Absence of Mistake/accident; Identity; Common Scheme [Knowledge,Opportunity, Preparation] or Plan
HEARSAY excs.: D's availability irrelevant Please Excuse Shawn’s Minor Rectal Bleeding Present scenes impression; Excited utterance; State of Mind; Medical diagnosis; Recorded Recollection; Business Records
HEARSAY excs.: Unavailable Declarant Fuck Don’t Say Moist Former testimony; Dying declaration; Stmt against interest; Mafia rule (forfeiture by wrongdoing)

Present state of mind, present sense impression, physical condition, past recollection rec.ed, Bus. Rec., pub. rec.s, judgments & prior convictions, documents
Pepsi, Phyllis, & Pepper's Bus. is affecting prop. interests, learned treatises, family recoreds, Mkt. reports.
Hearsay excs.: (don't req. unavail)
pub.izing Jadapie LaFem Machine, Animal, Not for TOMA, Admissions, Labels, Impeachment, Verbal acts, Effect on the listener IICPAAAC – inconsistent Stmt., identification, consistent
Not Hearsay
MAN ALIVE or IICPAAAC Stmt., party admission, adoptive admission,
authorized admission, agency, co-conspirator (are not hearsay)

Family History, Against Interest, Testimony W/ Motive to Cross Examine, Dying Declaration
Hearsay Where Declarant Unavailable FAT D ("Evid. Sucks a big FAT D")
(1) Prior Stmt.s (consistent & inconsistent) (2) Opposing Party Stmt. (3) Out of Court IDs;
Non-Hearsay POOES
(4) Effect on the Listener; (5) State of Mind

MAN IS ALIVE
Not Hearsay Machine, Animal, Not for TOMA, Identification, State of Mind, Admissions, Labels, Impeachment, Verbal acts, Effect on the listener.
Declarant is on the dark side of the moon, PRISM
excs.: Unavailable Declarant Privilege, Refuse to testify, Incapacitated, Subpoena or service is ineffective, Memory
(Pink Floyd)

ABC (1) At or near time of occurrence; (2) By someone with knowledge of the event an a duty to rec.; (3) rec. made in the ordinary COB.
Bus. Rec. exc.: Dying Declaration
Havana-a-bad-day, CUBA Cause of death (must relate to), Unavailable declarant, Belief that death is imminent. Appl. to all civil case, but if crim. case then only appl. to homicide case

Character Evid. Opinion & Reputation Evid.

OAR. Purpose RP to MD
Stmt. made for medical diagnosis or treatment Stmt. must be made for & reasonably pertinent to medical diagnosis.
Testimonial Hearsay Tune It Out Testimonial, Unavailable declarant, No opportunity to Cross-Ex, Exclude
Adopted Admissions Can HURT you if you Heard it, Understood it, Reasonable Pers. would, Take exc.: (you can't get hurt in custody!)
Elements of Common Law Marriage Cohabiting People Canbe Happy Capacity (legal & mental), Present agrmt, Cohabitation, Holding out (marital r/s to pub.)
FAMILY
Voidable Marriages I Don't Feel Any Love Interest Impotence; Duress; Fraud; Age; Lack of Intent; Intoxication
Lump sum; limited-period; palimony; permanent; rehabilitative; reimbursement
Types: Spousal Support LL PP RR
Past performance, Affection love & bonding, Capacity for guidance, Knowledge of care needs, Necessities, Involvement, Continuity, Environment, rel.ship with
Child Custody PACK NICER
other parent

Contributions, Age & health, Time to gain employment, Misconduct, Earning potential, Atty fees, Length, Standard of living
Alimony
CAT MEALS TTIP NACHOS Time, Title, Interest, Possession
4 Unities of Joint Tenancy req.s for Adverse Possession
Notorious, Actual, Continuous, Hostile, Open, Sole use (exclusivity)
PROPERT
Y
Adverse Possession reqs. NACHO Notorious, Actual, Continuous, Hostile, Open.
 Enforceable against:
Second Option for Easement by Prescription Equitable - Non-Purchaser: (1) Writing (2) Intent (3) Touch & Concern
What In The . . . ??!!
Servitudes - Purchaser: (1) Writing (2) Intent (3) Touch & Concern (4) Notice.
What In The Name . . . ??!!
Covenants - Burden to Run With the Land reqs.: Purchaser reqs ^ + [Horizontial & Vertical] Privity;
What In The Name of Private prop.??!!
Equitable Servitudes (1) Writing* (2) Intent (3) Touch & concern (4) Notice for an Equitable Servitude. (*NOTE: A negative equitable servitude can be created by Implication when
WITNES
there's a common owner w/ a common scheme of devp't)

Easements (means of creating). RAP applies. PINGE (1) Prescription (2) Implication (3) Necessity (4) Grant (5) Estoppel
Terminate Easement END CRAMP Estoppel; Necessary; Destruction; Condemination; Written; Abandoment; Merger; Prescription
Valid Transfer of a Deed (Title) DAW
Purchase Money Mortgage, Recording Act, Subordination Agrmt, Modification, Future Advances
excs.: to first in time priority in foreclosure If rec., Mortgage's 1st in line

Reqs. for a Covenanant to "run w/ the land" - Implied You must PAN IT Privity (horizontal & vertical for burden [must be full prop]; vertical for benefit [can be portion of prop]); A writing; Notice; Intent; Touch & concern the l&.
Reciprocal Servitudes RIC & NAN moved to Boca Raton Reciprocal burdens; Intent; Common scheme or plan; Notice (inquiry is sufficient); & Negative restriction

Present: (1) Against encumbrances, (2) Right to convey, (3) Seisin . . . future: (4) quiet Enjoyment,
Gen. Warranty Deed topics ARSE WAFT CRAPPE (5) Warranty, (6) Assurances FurTher (future)
Creation + attachment, perfection, priority, enforcement

SECURED
TRANS.

Chicago Police Patrol Noteworthy Alleys; Prevent

Incidents Chattel Paper, Promissory Notes, Accounts, Pymt Intangibles Consumer Goods, Farm Equipment, Inventory, Equipment Value given, Rts. in the Prop., Security
Art. 9 - Categories of Goods req.s for Attachment
Cats Get Furry Paws Into Everything Violet Roses Agrmt.
Smell Amazing. CPIGEIE
Intangible Prop. DDIICC-AG (atty general's a dick) Deposit Accounts; Documents; Instruments; Investment Prop.; Chattel paper; Commerical tort claims; Accounts; Gen. Intangibles.
Security Agrmt mtd of Perfection reqs. RAD Records, Authentication, Description of Collateral
Strict Liability Famous People Can't Avoid Attention DAD Filing, Possession, Control, Automatic, Alt. Statute Dangerous activities, Animals, Defective Products
TORTS
Int'l Torts elements VICHN (VICodin Helps Numb) Voluntary Act, Intent, Causation, Harm/injury, No privilege/defense
Defenses & Privileges to Int'l Torts POPCANS Privilege, Defense of Others, defense of prop., Consent, Authority, Necessity, Self-defense

Privacy Torts IFLAP Intrusion (invasion of privacy), False Light, Appropriation of the right to publicly pub. disclosure of private facts
Negligence elements Don't Buy Cantalopes Here Drunk Boys Can't Dance Duty, Breach, Causation, Harm Duty, Breach, Causation, Damages

Prima Facie case for Strict Liability elements AD-PPS (1) an absolute duty to make the P's person or property safe, (2) actual and proximate causation, and (iii) damages.
Strict Liability situations DAD (1) Dangerous activities; (2) Animals; & (3) Defective or dangerous products. - D can be held liable w/o fault
Battery HOCI Harmful or Offensive Contact w/ Intent.
Duty to Invitees DIP Duty to use R-Care to discover Unreasonable Dangerous Conditions, Inspect prop., & Protect Invitee from the danger
CONFLIC
TS OF
LAW
Most Sig. Relationship test- Systemic Interest CUPS Certainty, Uniformity, Predictability, & Simplicity

I Can't Dance, Really Where the Injury occurred, where the Conduct causing the injury occurred, Domicile of the parties, where relationship b/w the parties is centered.
Tort's Most Sig. Relationship test Conflicts with SoL
borrowing statute is a Barring Statute Borrowing statutes will bar suits on foreign CoA based on the shorter of (1) the forum state's SOL or (2) the SOL of the place where the cause of action arose.

WILLS &
ESTATES

Will-substitutes/Non-Probate Transfers RIP JD Revocable trust; Inter-vivos transfer thru POD contract; Pour-over will; Joint tenancy; Deed
Abatement Hierarchy (first to be reduced --> last) I Really Got Stiffed Intestate prop.; Residuary gift; General gifts; Specific gifts

Nature & Extent of prop.; Pers. whose the natural object of T's bounty; nature of the
Mental Capacity Test Undue Influence Test No Pers. Is Dead SODA Instrument T is signing; Disposition made in will Susceptibility; Opportunity; Disposition; Appearance
Anti-Lapse Saves Gift BS (1) gift was made to a beneficiary that is related by Blood to T w/in a certain degreee of rel.ship;
(2) beneficiary is Survived by issue

Undue Influence Test (Majority View) She Made Orange Chicken Susceptability, Motive, Opportunity, Causation
Revocation of Will (Prior to T's death) SAD OP (1) Subsequent instrument (2) Alteration (3) Destruction w/ Intent to Revoke (4) Operation of Law (5) Partial Revocation