Greg Branch
Checklist Memory Aids
Agency: Creative Rappers Always Tell Really Long Rhymes. Creation, Rights and obligations between principal and agent, Authority, Termination, Ratification, Liabilities of parties, R espondeat superior ABCD Assent, Benefit, Control, During scope of employment Civil Procedure: Paul (JV SCaN) Played Darts Too Pathetically (CRAP!). Proper court, Pretrial, Disposition without trial, Trial, Post-trial JV SCaN-JX (personal and subject matter), Venue, Supplemental jx, Choice of law, Notice o Personal JX: My Parents Frequently Forgot to Read Children’s Stories = Minimum contacts (Purposeful availment & Foreseeable) & Fair play and substantial justice (Relatedness of contact, Convenience, State’s interest) CRAP-Collateral estoppel, Res judicata, Appeal, Post-trial motions o Collateral Estoppel PIANO = Party to the first proceeding (BUT mutuality), Identical issue, Actually litigated, Necessary to the outcome, Opportunity to litigate (fair and full) Community Property: Voices Oddly Called, “Property Classes Suggest Commingling Credit Debts Always Proves Quarrelsome.” Validity, Organize, Characterize, has Property changed, special Classes, SP enhanced by CP, Commingling, Credit acquisition, Debts, Agreements, Preemption, QCP/QMP Con Law: Justice States Powerful Limits Justicability, State Action, Sources of Power, Limits th Justice 11 CSTs = 11 A, Case in controversy, Standing (ICR), Timeliness (ripeness and mootness (CARVe) o ICR Imminent Injury, Causation, Redressability Limits I (1DET)FS(PDPK) Individual, Federal and State protections st o 1DET 1 Amendment, DPC, EPC, Takings 1 RAPS = Religion, Association, Press, Speech (UCL) UCL-Up and over, Content (Specific or neutral), Licensing o Neutral Public or non-public Public SNL = Significant interest, Narrowly tailored, Leaves open alternative channels of communication Non-public ViewR = Viewpoint neutral, Rationally related to legit gov’t int. o Specific SCOFF @ DC = Symbolic, Child porn, Obscenity (LAP), Fraudulent commercial speech, Fighting words, Defamation, Clear and present danger o PDPK Preemption, DCC, P and I Clause (Article 4), K clause Contracts: Some Armadillos From Texas Play Rugby Every Tuesday SoF “ORGASM”, Area of law, Formation, Terms, Performance, Remedies, Excuse for Performance, Third party problems SoF ORGASM = One year, Real estate, Goods, Administrator, Surety, Marriage Acceptance termination “Red Rover Does Laps During School” = Rejection, Revocation, Death or incapacity, lapse of time, Destruction of the subject matter, Supervening Illegality SoF Exceptions SPARS = Sufficient memo, Partial (performance not CL) and (payment), 3) Admits, 4) Reliance, and 5) Specially manufactured goods (UCC) Definite terms QTIPS = Quantity, Terms, Identity, Price, Subject Defenses to formation I’D FILM US = Intervening Illegality, Duress, Fraud, Impossibility, Latent Ambiguity Mistake, Unconscionability, Statute of frauds o Mutual Mistake ARM = Assumption, Risk of loss not allocated expressly or impliedly, Material effect o Unilateral Mistake UR ARM = Three above + Unconscionability OR Reason to know Parole evidence rule exceptions FOAM LID = Fraud, Oral condition precedent, Ambiguity, Mistake, Lack of consideration, Illegality, Duress Discharge of conditions “I’M FOR SANDI” = Impossibility, Modification, Frustration of purpose, Occurrence of condition subsequent, Recission (mutual), Substituted contract, Accord and satisfaction, Novation, Defense to formation, Impracticability Excuse of conditions SWAPDIVE = Substantial performance, Waiver, Anticipatory repudiation, Prevention, Divisibility, Impossibility, Voluntary disablement, Estoppel Quasi-contract CURB = Conferred benefit @ request of other person (express or implied), UE if D allowed to retain, Reasonable expectation of being compensated, Benefit conferred Corporations: From Unusually Profitable Stocks, Officers Duly Shared. Formation, Ultra vires acts, Promoters, Shareholders, Officers/directors, Dissolution, Stock Transactions Articles APAIN = Authorized Shares, Purpose, Agent, Incorporators, Name of corporation Shareholders voting trust requirements PILOW = Proper purpose, Irrevocable, Limited term, Open (not secret), Written Officer/Director Loyalty “FEAR DUES DOLT” o Conflict of interest types DUES = Direct conflict, Usurpation, Executive compensation, Self-dealing o Corporate opportunity tests DOLT = Disclosure and fairness, Opportunity test, Line of business, Two step (fit and fairness) o Usurpation defenses FEAR = Financially or legally incapable, Explicitly approved, Abandoned, Rejected
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Greg Branch
Checklist Memory Aids
Dissolution IF OWeD = Illegality, Fraud, Oppression, Waste, Deadlock Stock Transactions: 10B-5 and Rule 16(b), SOX o 10b-5 MRS. PILC: Material, Reliance, Scienter, Purchaser/seller (standing), Interstate commerce, Loss causation, Contemporaneous Breach BOT = Breach, Obtained, Trades on MNPI Insiders T-TeMP = Temporary insiders, Tippees, Misappropriators, Pure insiders o Sox BAD TIC = Bans loans to O/Ds, Aware attorney must take steps, Disclose existence of ethics code (even if disclosure is that there is none), Trading blackouts, Independent director audit committees, Certification of internal controls
Criminal Law: People (FEEL) Have (A Bee) Personal (BARRKK) Idiosyncrasies (SAC) About Detention. Property crimes (FEEL), Habitat crimes (AB), Personal crimes (BARRKK), Inchoate crimes (SAC), Accomplice liability, Defenses FEEL A Bee BARRKK o Property FEEL = False pretenses, Embezzlement, Extortion, Larceny o Habitat A Bee Arson, Burglary o Personal BARRKK = Battery, Assault, Robbery, Rape, Kidnapping, Killing SAC Solicitation, Attempt, Conspiracy Baby MICE Drive Drunken PANDAS Baby = infancy: MICE = Mistake, Insanity (MAID) Consent, Entrapment: Drive = Duress: Drunken = Intoxication: PANDAS = Prevention of crime, Arrest, Necessity, Defense of Another or Self. o MAID M’Naghten, ALI/MPI, Irresistible impulse, Durham Criminal Procedure: Sergeants Should Frisk Arrested Soldiers (SAWS), Confidently Looking (SAPDUS) Everywhere 3 (F(I )E(GI)ED) To (CJ’S Bail) Stop Problems. Search and seizure, Stop, Frisk, Arrest, Search and Seizure (SAWS), Confession/statement, Line-up/pretrial id, Exclusionary rule (FEED), Trial issues (CJ’S Bail), Sentencing, Pleas SAWS State Action, Warrant/no warrant exceptions (W VP: NWE CAPES), Standing (REP) o Warrant VP = Valid and Properly executed o No Warrant Exceptions CAPES = Consent, Automobile, Plain view, Exigent circumstance, Search incident to lawful arrest o REP Reasonable Expectation of Privacy Line-ups SAPDUS = Sixth A: Attorney Present, Due process: Unnecessarily Suggestive Trial CJ’S Bail = Counsel, Jury trial, Speedy trial, Bail 3 Exclusionary Rule FE(I )E(GI)D = Fruit of the poisonous tree, Exceptions to FotP, Exceptions to application of the exclusionary rule, Direct violation 3 o I Independent source, Inevitable discovery, Intervening act of free will o GI Good faith exception, Impeachment use Evidence: Real Cops Have Problems With Privileged Heroes. Relevance, Character, Habit, Policy Exclusions (LOSS), Witness on stand, Privilege (SPAM), Hearsay (BOPPED DAMP) LOSS Liability insurance, Offers to pay medical, Settlement offers, Subsequent remedial measures SPAM Spousal, Physician, Attorney/client, Marital communications, BOPPED DAMP Business records, Official records, Prior statements, Past recollection recorded, Excited utterance, Dying declarations, Declarations against interest, Admissions of a party opponent, Medical Treatment, Present sense impression Partnership: Ginger Rodgers Typically Disliked Little Limeys. General, Rights and obligations of partners, Third parties, Dissolution, LLPs, and Limited partnerships Liabilities GELS = General liabilities, Estoppel, Limited liability, Scope of partnership Professional Responsibility: A Loyal Ferret Carefully Completes Confidential, Unauthorized Tasks While Fishing. Duty to/of Advertise truthfully & avoid solicitation, Loyalty to clients/avoiding conflicts, Fee agreements, Competence, Care, Confidentiality, Unauthorized practice, The public, Withdraw, Fair representation (OR) Confidentiality exceptions “Consenting Criminals Finance Multiple Hijacking Deaths.” = Consent, Crime involving GBH or death, Financial harm if your services used, Malpractice claims, Higher ethical duty, Death. Property: Some Angry Unfair Landlords Ignore Calamity. Statute of Frauds, Acquisition of Land (AL), Use of Land, Landlord/tenant, Interests in Land, Concurrent estates and future interests. AL Adverse possession, Land Sales K (WRMD) WoRMeD Warranties (SEC FEW), Recording Acts, Mortgages, and Deeds of trust SEC FEW: Seasin, Encumbrances, Conveyance, Further assurances, Enjoyment, Warrant Interests in land PEELR = Profit, Equitable servitude, Easement, License, Real covenants Remedies: Tort Damages Require The Right Information, while Contract Damages Require Quiet, Thoughtful Reprise, So Rest Responsibly. Torts: Damages, Requisite (CC: FU), Type (CPN), Restitution, Injunction
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Greg Branch
Checklist Memory Aids
Contracts: Damages, Requisite, Quasi-k Type, Restitution, Specific performance, Recession, Reformation Requisite CC: FU = Causal, Certain, Foreseeable, Unmitigatable Quasi-K CURB = Conferred benefit at D’s request, UE, Reasonably anticipating payment, Benefit conferred Type CPN = Compensatory (general and special), Punitive, Nominal Specific Performance Cha Cha Is My Favorite Dance = Causal, Certain, Irreparable injury, Mutuality, Feasibility, Defenses Recission Good Dog = Grounds for recession, Defenses Reformation Very Good Dog = Valid K, Grounds for recession, Defenses Injunctions o Permanent Injunction I Put Five Bucks Down = Inadequate remedy at law, Protectable property right or interest, Feasibility of enforcement, Balancing the hardships, Defenses o TRO TILE = Ten days, Irreparable injury, Likelihood of success, Ex parte o Preliminary Inj BILE = Balance the hardships, Irreparable injury, Likelihood of success, End of trial Torts: I Demand Private Attorneys Sue Negligent, Naughty Generals. Intentional Torts, Defamation, Privacy torts, Additional torts, Strict liability, Negligence, Nuisance, General issues I (ABCFITT/DARNCOPS) Private (AFLIP) Attorneys (I’M WAM) General (VJIW) ABCFITT Assault, Battery, Conversion, False imprisonment, IIED, Trespass to Land, Trespass to Chattels DARNCOPS Duress, Arrest, Recovery of property, Necessity, Consent, Others, Property, Self (defense of) AFLIP Appropriation, False Light, Intrusion into seclusion, Publication of private facts I’M NAM Interference with business relations, Misrepresentation, NIED, Abuse of process, Malicious prosecution o Misrepresentation SCRIM = Scienter, Causation, Reliance, Intent, Material fact o Malicious Prosecution I PAID = Institution of criminal proceedings, P wins, Absence of PC, Improper purpose, Damages VJIW Vicarious liability, Joint and several liability, Immunities, Wrongful death Trusts: Valued Administrators Dutifully Remedy Most Termination Problems. Validity/formation, Administration, Duties, Remedies, Modification, Termination, Purchase/resulting trust Valid: Bea TRIPS Beneficiaries, Trustee Res, Intent, Purpose (For a valid purpose), Settlor Wills: Valid (CUFF) Revocation Revives (I CIA) Distribution (DIP CP). Validity, Revocation, Revival, Distribution CUFF: Capacity, Undue influence, Fraud, Formalities, Revival and Revocation I CIA = Integration, Codicil, Incorporation by reference, Acts of independent significance DIP CP: Debts, Intestacy, Property, Claims, People
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