pieper mneumonics

Pieper Bar Review Mnemonics 1

JURISDICTION Due Process Clause requires you to MOP up jurisdiction • M Some minimum contact w/ the state of NY • O An opportunity to be heard • P Been properly served w/ process To obtain IPJ over Δ DIAL DC • D Δ is a domicile of NY • I In state service on a non-domicile Δ • A Serving an agent designated by the Δ to

accept service • L Long Arm (LA) jurisdiction over a non-

domiciliary • D Δ is doing business in NY • C Δ consents to NY jurisdiction To get LA jurisdiction over a ND who commits tort act outside NY causing injury inside NY, sue a non-resident’s DEER in New York (+ SSS) • D Derives substantial revenues from goods

used or consumed or services rendered in NY • E Engages in some persistent course of

conduct w/in NY • E Expects or should reasonably expect its

tortuous acts would have consequence in NY & Δ derives substantial revenues from interstate or international business

• R Regularly does or solicits business in NY Ø + SSS → conduct purposely directed at

NY Ø S - Soliciting of NY Business Ø S - Sales in NY Ø S - Performing Services in NY

You can sue in NY in matrimonial action where DADA doesn’t live in NY & mama’s seeking maintenance or child support. • D NY was last recent marital Domicile of

parties • A Abandonment took place in NY • D Claim for support accrued under NY

Decree or under NY law • A Parties executed a separation Agreement in

NY

Even if no minimum contacts or not served properly, Δ may consent to NY jurisdiction by SCAAMS • S Stipulating in open ct., pleading, k, or letter • C Asserting unrelated CC in answer • A Serving an Answer & failing to raise

jurisdictional objection • A Asserting improper service in answer, but

failing to move for Sum Jud on issue w/in 60 days from when answer was served

• M 3211 Motion to dismiss, but failing to raise MOP jurisdictional objection

• S Moving for Sum Jud on related CC, seeking affirmative relief from NY ct.

AL-RAN can serve a summons outside New York • A Attorney in that jurisdiction • L Law of that jurisdiction • R Resident of NY • A Adult • N Non-Party Service of process is made by SAD MIC • S Delivered to person of Suitable age &

discretion, mail copy, then file • A Agent Service • D Due Diligence - Nail, Mail & File • M Mailing Process to Δ who must then

consent to such service • I In hand personal delivery to the Δ • C Ct. invented service You may serve a corporate A MAC DOG anywhere • A Assistant Cashier • M Managing Agent • A Agent authorized to receive service for

corp. expressly, impliedly or by estoppel • C Cashier • D Director • O Officer • G General Agent


Only a MAN can make a proper appearance in a pending lawsuit • M Make pre-answer Motion, extending Δ’s

time to answer • A Serve an Answer • N Serve a Notice of appearance in response to

summons served w/o complaint To vacate default judgment, bring a REAM of papers w/in 1 yr of being served w/ copy of judgment • RE Reasonable Excuse for Δ’s default • AM Δ must offer Affidavit of Merit setting

forth meritorious defense to Π’s claim & that Π won’t be prejudiced by opening default judgment

STATUTE OF LIMITATIONS A BEAR patient doesn’t need to give informed consent • B In Best interest of patient not to disclose

risks involved cause it would have adversely affected patient

• E Emergency treatment was required cause of an imminent danger or threat of death to patient

• A Patient Asks Dr. to proceed regardless of risk

• R Risks were so commonly known A DIMPLE FIB’s for 1 year • A Arbitration award must be judicially

confirmed • D Unlawful State Discrimination complaint

must be filed w/ NY state Division of Human Rights

• I Recover excess Interest paid on loan that has usurious rate (NY - 16%+ annually)

• M Malicious Prosecution • P Invasion of Privacy • L Libel & Slander • E Retaliatory Eviction • F False Imprisonment or False Arrest • I Intentional Infliction of Emotional Harm • B Assault or Battery


LEAP DAD’S CAT if SOL expired • L Parties Lengthen the SOL • E Equitable Estoppel • A Written Acknowledgment of an old /

existing debt • P Part payment of an old debt • D Disability of the P • A Amending a pleading to add a time barred

claim • D Death of a party • S Soldier’s and sailor’s relief act • C Time barred related CC’s • A Claim’s Arising outside NY where IPJ can’t

be obtained over Δ in NY ct. • T Termination of action, then recommencing

after SOL has expired.

A SCARF CRIME lasts 6 years • S Specific Performance of Contract • C Contract Actions to recover $ that don’t

involve sale of goods • A Actions recognized at common law, but

where leg. hasn’t prescribed SOL • R Reformation of Contract • F Fraud, Deceit or ℵ Misrepresentation • C Corp. Derivative Actions • R Rescission & Restitution c/a • I Indemnification or Contribution • M Mortgage Foreclosures • E Equitable Claims There was a SOFT RAIN for 3 years • S Strict Products λ (DIM) • O Misappropriation of corp or

Opportunity • F Breach of Fiduciary Duty in which only $

damages are sought • T Damages for Trespass or claim for nuisance • R Replevin or Conversion • A Annulment of a marriage on the ground of

fraud • I Tortuous Interference w/ another persons k

rights (KID) Ø K Δ Knew of enforceable k Ø I Intentionally Procured it’s breach; AND Ø D Proximately caused Π $ Damages

• N ℵ or Malpractice by professional Liability is vicarious to a POPE • P Principal • O Owner of NY Vehicle • P Partner • E Employer J .P . MD doesn’t get an extra 6 months to recommence dismissed suit • J Lack of Jurisdiction (MOP) • P Π’s neglect to Prosecute 1st action • M Dismissal on Merits (Sum Jud) • D Voluntary Discontinuance by P


MOTION PRACTICE Dismiss Π’s complaint w/ SPARERIBS • S SOL • P Payment • A Arbitration & Award • R Release given by the Π • E Collateral Estoppel • R Res Judicata • I Infancy or Incompetency • B Π’s claim was discharged in Bankruptcy by

Δ • S SOF Summary Judgment has LIPS to kiss • L Motion can be decided as matter of Law • I There are no factual Issues of material fact

that have to be litigated • P Ct. can grant Partial summary judgment • S Ct. can Search the record, but only on issues

or claims raised in motion papers PROVISIONAL REMEDIES Before granting LIAR, ct. looks for a COP • L Lis Pendens (Notice of Pendency) • I Preliminary Injunction • A Order of Attachment • R Receiver • C Showing by C&C evidence, Π probably will

succeed & is entitled to PR requested by demonstrating extra-ordinary circumstances (LIE).

• O Judge must issue Order • P Immediate Post-Seizure hearing’s required

if LIAR was obtained ex parte (5 or 10 days is considered immediate)

LP’s the only PR where Π’s not a SLOB • S The Sheriff’s not involved • L There’s no ct. review of Π’s Likelihood of

success on the merits • O No ct. Order’s required • B No Bond needs to be posted

Prelim injunction won’t be granted unless Π tells a LIE • L Likelihood (probability, but not certainty) of

Π’s success • I Irreparable injury’s occurring or will occur

to Π unless PI is granted. • E Equities when balanced by ct. clearly weigh

in Π’s favor. Extra Ordinary Circumstances must be shown in Π’s motion papers before ct. can FIND C.J . to attach her property and grant order of attachment • F Δ’s Foreign corp not qualified to do business

in NY • I Intent to defraud creditors or frustrate

enforcement of $ judgment Ø Δ READS his NY assets

READS a fraudulent intent • R Removes assets / property from

state • E Encumbers property • A Δ has Assigned property • D Disposed of it • S Secreted property (hid it)

• N Δ’s a Non-domiciliary who resides outside state

• D Δ’s a NY Domicile or NY resident but can’t be personally served despite diligent efforts

• C Crime Victims are entitled to order of

attachment when suing convicted felon (Son of Sam law)

• J Π’s cause of action is based on default Judgment from fed or sister state ct. entitled to full faith & credit or is based on foreign countries judgment


PLEADINGS Even if a tortfeasor is less than 50% at fault, WARM DIPS doesn’t limit joint & several λ • W Worker’s Comp. cases where Π’s

employer’s impleaded by Δ to share (contribution) in employee’s grave injury

• *A Π’s injuries were caused by Δ’s “use, ownership or operation” of Ø Automobile, motorcycle or other motor

vehicle. Ø Except Municipal Fire trucks & Police Cars

• R Reckless (Gross ℵ) Conduct causing Π’s injury

• M Δ’s who are More than 50% responsible for Π’s injury

• D Wrongful Death judgments (NY - actions to

recover only “econ injuries) resulting from decedent’s death

• I Intentional Tortfeasors remain 100% λ for Π’s injuries

• P Property damage • S Party who released Hazardous Substance

(can be compelled to pay 100% of Π’s judgment regardless of it’s apportioned share of fault)

VENUE Venue is determined by TLC • T Transitory Action • L Local Action • C Action to Recover Chattel (Replevin) Local actions are WASP MEN • W Action for tort of Waste • A* Action involving leasehold • S Specific performance of real prop k • P Partition of reality that’s concurrently

owned • M Mortgage Foreclosure • E Ejectment action • N* Nuisance action

DISCOVERY Use a PAID MAID for pre-trial discovery • P Physical Exam • A Request for Admissions • I Written Interrogatories • D Depositions (aka EBT’s ‘examination before

trial’) • M Mental Exam • A Demand for Addresses • I Inspection of Evidence • D Discovery of Evidence (“Discovery &

Inspection”) Object to the form of an EBT question at A CLAM BAR • A Ambiguous Question • C Compound Question (asking 2 things at

once) • L Leading Question on direct exam • A Argumentative & Badgering Question • M Misquoting an earlier statement • B An overly Broad Question • A Assuming a fact not in evidence when

asking Question • R Redundant Question on direct exam

(previously asked & answered by witness) BAR SAP needs a ct order for EBT’s • B Before action’s been commenced, to assist in

bringing action or to preserve evidence • A After case’s placed on trial calendar & no

objection’s made w/in 20 days by other party that case’s not ready for trial, no further discovery’s allowed unless moving party can show ct “unusual or unanticipated” circumstances occurred subsequent to filing notice of issue & prejudice would result if further discovery’s not permitted.

• R Refusal to comply w/ EBT Demand • S Special Proceedings - Art. 78 (except notices

to admit are permitted in special proceedings) • A Arbitration requires extra-ordinary

circumstances for ct. to order pre-trial discovery

• P Prisoners


DRIPS are a discovery punishment • D Dismiss action against DRIPS Π or order

default judgment against DRIPS Δ • R Resolve issues against a non-disclosing

party • I* Impose attorney’s fees & punitive sanctions

against non-disclosing party • P Preclude that party from offering evidence

on certain issues • S Strike that party’s pleading or any part

thereof An expert witness must disclose I .Q. S.O.S. • I Expert’s Identity (except doctor’s identity in

med mal case doesn’t have to be disclosed - to prevent retaliation by other doctors (peers)).

• Q Expert’s Qualifications • S Subject matter on which expert will testify • O Substance of expert’s Opinion; AND • S Basic Overall Summary of grounds that

form basis of Expert’s Opinion There’s a BAN on interrogatories • B Bill of Particulars & Interrogatories can’t

both be demanded (except in matrimonial actions)

• A Π can’t demand interrogatories from Δ until after Δ’s time to Answer has expired.

• N Where ℵ is sole basis of Π’s claim interrogatories or EBT’s can be demanded but not both.

BP is demanded only for LAP • L Limits proof that can be offered at trial • A Amplifies pleading • P Prevents surprise at trial

ARBITRATION Arbitration awards may be vacated if they are FABLES • F Fraud, misconduct or corruption of

arbitration • A Procedure used violated Art. 75 • B Bias of arbitration. • L Award Lacked rationality. • E Arbitration Exceeded authority or acted

contrary to pp • S Service of demand to arbitration wasn’t

properly made, thus party who didn’t participate in arbitration cause she wasn’t properly served may have award vacated.


CONTRACTS The ingredients for a TACO make a contract • T Definite Terms, expressed or implied • A Acceptance of Terms • C Consideration Supports k • O Offer inviting acceptance An offer expires when it gets TIRED • T ℜ Time after offer’s made or after expressly

stated in offer • I Mental Incapacity or Death of offeror or

offeree • R Revocation of offer communicated to offeree

before accepted • E Express or implied rejection communicated

to offeror • D Destruction of subject matter of offer or

intervening illegality, terminates offer by operation of law

Options can DIE • D Destruction of Subject Matter of Option • I Intervening Illegality • E Expiration of stated option time extinguishes

option

POP needs no consideration, only signed writing (NY) • P Pre-existing duty (modification of k price) • O Options • P Past Consideration provided it’s expressed in

signed writing SMART FLYS must subscribe to an agreement • S Surety Contracts • M Marriage Contracts • A Answer for debts discharged in bankruptcy • R Real Estate Contracts • T Testamentary Promises (NY only) • F Finders Fee Arrangements • L Leases Longer than 1 year • Y Contracts Not Capable of Complete

Performance w/in a Year • S UCC Art. 2 Sales Contracts

Use a COMB for promissory estoppel in NY • C Charitable Pledges • O To avoid Outrageously Unconscionable

Results • M Oral Marriage Contracts • B Promises by Gratuitous Bailees to obtain

insurance on bailed goods A constructive trust is a T-CUP • T Transfer of property in reliance on promise; • C Existence of Confidential or Fiduciary

Relationship • U Unjust Enrichment to Transferee of Prop or

to some other 3P; AND • P Promise, express or implied to hold property

for Π’s benefit which promise has been breached

3 types of k beneficiaries are CID • C Creditor Beneficiary • I Incidental Beneficiary (not really 3PB) • D Donee Beneficiary Can’t modify the k, if a 3PB is MAD • M Manifested assent called for in 3PB k

(accepts offer) • A Commences Action against Promisor for

Breach of 3PB k; OR • D Detrimentally Relies on K by Materially

Changing Position Contract assignments involve A.D.A. • A Assignment of beneficial rights (ex. right to

receive payment) • D Delegation of performance of a duty; OR • A Assumption of duties & liabilities by a 3P


SIR-P can’t assign WASP • S Statute prohibits assignment of right to

receive certain payments (WASP): Ø W Worker’s Comp. Ø A Alimony or Child Support Ø S Spendthrift Trust Income Ø P Personal Injury or Wrongful Death

cause of actions • I Where Coupled w/ Improper Delegation of

k duty to an unqualified person • R Where Risk to obligor is altered by

assignment • P Where services are of highly Personal

nature, person receiving services can’t assign away right, it would require other person to perform services for someone else materially altering that person’s obligation.

HAIL, a “substantial” breach of k • H Hardship on breaching party, if total

material breach is declared • A Amount of benefit bestowed on non-

breaching party (greater benefit, less likely ct. is to find material breach)

• I Whether breach was Innocent. • L Likelihood of full performance being

achieved “I3 FU2MED & I SIP” a breach of k defense • I Infancy • I Insanity • I Intoxication • F Fraud • U Unconscionability • U Undue Influence • M Mistake • E Equitable Defenses • D Duress & • I Impossibility of Performance • S SOF • I Illegality • P Parol Evidence Rule (PER)

The other SI2R M is a fraud • S Scienter, Δ Knew the Statement was False • I Lie was Made w/ Intent to Defraud or

Mislead Π • I Resulting Econ. Injury to Π because of Fraud • R Π’s ℜ Reliance on Misstatement / Lie • M Lie Involved False Material Fact which

Induced Π to Enter K Unilateral mistake COPS out w/ the Equity of Rescission • C Mistake was Communicated to Other Party

Before he detrimentally relied on Mistaken Figures & Changed Position

• O Mistake Involved Ordinary ℵ • P Prompt Notice of Mistake Was Given to

Other Party • S Mistake Would Impose Substantial Hardship

if Not Corrected A THUG may render a k illegal • T Type of Illegality & extent public’s harmed • H Harm that forfeiture would cause if k was

declared unenforceably illegal, ct. looks to see whether contracts been substantially performed.

• U Unjust Enrichment (a windfall) to party asserting illegality defense

• G Relative Guilt of Each Party 4-D’s are impossible 1) D Death of Performing Party 2) D Danger to life or ill health of performing

party 3) D Destruction of Subject Matter of K 4) D Delay’s temporarily causing performance to

become impossible or impracticable


No damages recovery when wearing CAPS • C To recover consequential damages, they

must have been w/in Contemplation of both parties when k was executed

• A Damages that party could’ve Avoided. • P Damages for Pain & suffering or emotional

distress resulting from breached k even if such damages were foreseeable

• S Speculative damages aren’t recoverable, must be prove w/ ℜ certainty

PLUS terms don’t belong in Contracts • P Terms which violate NY’s Public policy

(usurious rate of interest) • L Unreasonably high Liquidated damages

clause • U Unconscionable terms • S Clause in k agreeing to seek specific

performance in event of breach doesn’t have to be enforced by ct.

Apply TISSUE to an employment restriction • T Time restriction must be ℜ in length • I Inability of employee to work elsewhere. • S Geographic Space must be as narrow as

possible, extending only to those areas that protects the employer’s interest.

• SUE The employee’s services must be Special, Unique or Extraordinary.

If assignor assigns same right twice, assignee 1st in time prevails, unless 2nd took assignment in GF, paid value & was 1st to JPNC (MBE) • J Obtain a Judgment • P Get Paid • NC Enter New Contract w/ the obligor

SALES O-CAN can’t accept J STRAW’s additional terms • O Offeror Objects to additional terms w/in ℜ

time • C Offer Expressly Conditions agreement

exclusively to terms in offer. • A If Additional terms MATERIALLY ALTER

offer terms don’t become part of k • N Either or both parties are non-merchants. J STRAW Materially Alters offer if it would cause SURPIRSE OR HARDSHIP if offeror wasn’t made aware of its existence: • J Clause bestowing Jurisdiction on particular

ct. or requiring offeror to consent to jurisdiction in particular state.

• P Part payment • S Shortening SOL to sue for non-conforming

goods • T Limiting Tort λ • R Altering UCC rules for ROL • A Adding Arbitration clause unless it’s

customary practice in trade • W Clause negating M FEET Warranties such

as those of merchantability or fitness You don’t need SOF’s in a SWAMP • S Contracts for Specially Manufactured Goods • W Wavier • A Judicial Admission of K • M* “Merchant Memo” • P Part-Performance OF MICE permits parol evidence • O* Establish Oral condition precedent to legal

effectiveness of k, provided it doesn’t contradict express term of k

• F Party can’t invoke PER to shield that party from allegations of Fraud or Misrepresentation

• M Mutual Mistake or claim for Reformation of k

• I Illegality • C Failure of Consideration • E Explain Ambiguous or Missing Terms or

Show No Enforceable Agreement was ever intended


Sales Contracts imply CIDER • C S’s not obligated to extend Credit. • I B has right to Inspect tendered goods before

accepting them, unless k expressly provides otherwise or involves order bill of lading.

• D Tender of Delivery’s implied at S’s place of business, unless both parties know goods are located elsewhere.

• E B & S must Exchange performances concurrently.

• R ROL’s on party in best position to bear risk (person most likely to have taken precautions to protect goods from loss → Insurance)

SOAL-V and SORE-V effect ROL Sale On Approval Late Vesting -Goods held by B are not subject to claims of B’s creditors. Sale Or Return Early Vesting -Title & ROL vest immediately in B even though B has right to rescind k Seller’s SPARKLE when B’s breach • S Stopping Goods in Transit • P Sue for Entire K Price • A Demand Assurances • R Re-sell goods to another B • K Keep part of breaching B’s deposit, never

more than $500 • L Sue for Lost profit • E Exercise right to Reclaim Goods Delivered to

Insolvent B CID’S WAR is a buyer’s remedy • C Cover • I Incidental & Consequential Damages • D Damages for Lost Bargain or for Price Paid • S Specific Performance of Unique Goods • W Breach of Warranty • A Acceptance Revoked • R Reject non-conforming goods

M-FEET Warranties are in a sales k • M* Merchantability • F Fitness for a Particular Purpose • E Warranty against Encumbrances • E Express Warranties • T S’s Warranty of Title Express warranties are SAD • S Sample or model which is the basis of the

bargain • A Written/Oral Affirmation of fact or promise

made by S relating to goods • D Description of goods in advertisement,

brochure or catalog PINE for defective product liabilities • P Tort Theory in Strict Products λ • I K theory for Implied warranty • N Tort theory of ℵ • E K theory for breach of a SAD Express

Warranty G. P2ALMS is not λ for a breach of warranty • G Gov’t Military K Defense • P Lack of Privity of K • P Federal Preemption • A Assumption of Risk (can be asserted to any

PINE claim) • L Lack of Timely Notice to a Seller • M Unforeseen Misuse of a Product • S SOL A DIM product is defective • D Defect in Design of Product • I Inadequate Warning • M Manufacturing Defect or Mistake in

fabrication process.


NEGOTIABLE INSTRUMENTS One MUST SOW to be a negotiable instrument • M Must be payable in Money Only (US or

Foreign Currency) • U Promise to pay must be Unconditional • S Must be payable in Sum Certain • T Must be payable on Demand, @ definite

Time or after certain future event • S Must be Signed by maker or drawer • O Must be payable “to the Order of”: named

person, “bearer”, OR “cash” • W Must be in Signed Writing. T-SAID he warrants the endorsement • T Has good Title • S All Signatures are genuine • A Instrument hasn’t been Materially Altered • I No knowledge of any Insolvency

proceedings of maker or drawer • D No Defenses are good against him An H.D.C. can’t know the instrument is ODD • O Overdue (check (not note) is stale 30 days

from date of issuance) • D Dishonored • D Real or personal defenses to instrument

such as visible evidence of alteration, or holder had knowledge when she took check, that drawer had defense to it’s payment.

My MUFFIN bounces off an H.D.C. • M Mistake • U Unconscionability of underlying transaction • F Failure of Consideration • F Failure of Condition Subsequent or

Precedent • I Inducement by Fraud • N Non-delivery of completed instrument

Real DAFFIDILS stop an H.D.C. cold • D Duress – threat of violence (not econ.

duress) • A Material Alteration of Instrument • F Forgery • F Fraud in Fact • I Illegality – (gambling, usury) • D Discharge in bankruptcy of maker or

drawer • I Infancy of maker or drawer • L Lack of mental capacity • S SOL has expired on the debt SECURED TRANSACTIONS A security interest can be perfected in a PIG • P Commercial Paper (NI’s, bonds or stock

certificates). • I Intangible Property • G Goods


CORPORATIONS TWIST can pierce the corp veil • T Ten largest shs are personally λ for unpaid

wages or vacation pay, provided it’s corp. stock’s not sold on an exchange.

• W Corp officers are criminally strictly λ if corp failed to obtained Worker’s Comp Insurance & employee’s injured.

• I Illegal conduct by shareholders • S Sales tax or corp income tax that wasn’t

paid renders o or d responsible for corp. finances personally λ to taxing authority

• T Tortuous conduct by corp officer’s, employees or shareholders who can’t use corp. veil to hide from personal λ

Place PVT. McLAW in the Certificate of Incorporation • P Pre-Emptive Rights (PR’s) • V If Value of “no par” shares is to be fixed by

shareholders, rather than directors • T Stock Transfer Restrictions (place on stock

itself as well) • M Maxi-Majority (MM) Voting or Quorum

Requirements (Super-Majority) • C Cumulative Voting for election of directors • L Old Corps, Less than 2/3 of shares OR New

Corps, Less than majority of shares → to vote to voluntarily dissolve corp, or less than 10% shares can vote to call sh meeting to discuss & vote on judicial dissolution.

• A Sh Agreement to: Ø Act w/o shareholders’ meeting by

shareholders submitting written consent to corp activity.

Ø Vote in pre-determined way Ø Limit or restrict power of directors; OR Ø Shareholders direct mgmt (where there’s

no Board of Directors for corp) • W Corp Dissolution @ Will or upon specific

event

Shareholders must approve DAMM’S LAP PLAN • D Voluntary Dissolution of Corp. • A To sell, Lease or Exchange Substantially All

of Corp’s Assets. • M To Amend CoI, Add or Delete sh MM

voting or quorum requirements. • M Merger or Consolidation of corp w/

another corp., LLC or Limited • S Board of directors can bind corp as Surety

on any debt that furthers corp’s business, but to bind corp as surety for non-corp purposes, shareholders must approve (2/3)

• L* CoI change of Location of corp office • A* CoI change to appoint new Agent on who

service can be sent by SOS • *= these can be done by majority vote of

directors or majority vote of shares, but both votes aren’t required (everything else requires both)

• P Amend CoI to change Corp Purpose • P Amend CoI to create or abolish PR’s or

cumulative voting • L Corp Loan to d requires shareholder

approval, except in new corps where Board of Directors has adopted general overall plan for making loans to directors or Board of Directors votes director’s loan would be in corp’s best interest.

• A Amend CoI to Abolish or limit directors’ λ for ℵ

• N Amend CoI to change Corp. Name If a dissenting sh goes to CAMP she gets Appraisal Rights • C Abolish Cumulative Voting • A Sell, Lease or Exchange Substantially all of

Corp’s Assets. • M Consolidate or Merge corp. into Another

Corp. • P Abolish PR’s, redemptive rights or other

stock rights


A ct. will attempt to AIM for fair value in appraisal rights • A Net Asset Value – used in real estate

investment holding corps, retail or wholesale corps holding substantial tangible assets

• I Investment Value - earning power of corp. stock.

• M Market Value for Stock based on arms length transaction in which ct. looks at sale of similar businesses in same community.

A PEACE proxy is irrevocable • P Pledged shares (for loan) • E Person Entitled to shares because she’s

contracted to buy them or now owns them, but who wasn’t owner of record on corp. books.

• A Agreement btwn shareholders to vote in particular way & execute irrevocable proxies for that purpose.

• C Creditor of corp who receives irrevocable proxy for extending new credit or continuing credit to corp.

• E Employee COOTE doesn’t have preemptive rights • C Shares issued by corp for Consideration

other than cash • O Shares used to affect an Organic Change

such as consolidation or merger w/ another business.

• O Shares Originally authorized in CoI which are sold by corp w/in 1st 2 years of its existence, because PR’s don’t attach for 2 years from date CoI was filed

• T Treasury Shares • E Shares issued to keep or attract Corp

Employees. Judicial review’s precluded if the board shopped at the GAP • G Acted in GF • A Acted w/in scope of its authority • P Acted in furtherance of Corp’s Purpose

Board of Director’s committees can’t take a V-CAB • V Fill Vacancies on Board of Directors or

Vacancies on any of its Committees • C Fix director’s Compensation • A Amend, Adopt or Repeal By-laws • B Bypass Board of Directors & directly submit

to shareholders any DAMM’S LAP PLAN activity

Interested director’s benefit from 3-F’s 1) F K or transaction was Fair & ℜ to Corp. at

time it was approved by Board of Directors. 2) F Full Disclosure of director’s interest in that

transaction & it was submitted to sh for approval.

3) F Full disclosure of director’s interest & Board of Directors approved k w/o counting vote of interested d

A director can’t be indemnified by BIG DR. AL • B Involved Bad Faith Conduct • I Intentional Misconduct or Knowing Violation

of the Law • G Misconduct Under-Taken for Personal Gain • D Declaring an Improper Dividend (no

surplus) • R Improper Redemption of Corp. Shares (no

surplus) • A Assets distributed to Shareholders w/o

paying corp. creditors • L Not Dissenting to an improper Loan to a

fellow d 20% of corp shares can ID-FLOW to a dissolution • I Illegal Conduct • D Diversion of Corp Assets to those in control • F Fraudulent Conduct toward the Minority • L Looting • O Oppressive Actions • W Waste


REAL PROPERTY Freehold estates are LEFTS • LE Life Estates • FT Fee Tails • S Fee Simple (SAD) 3 types of fee simple estates are SAD • S Fee Simple Subject to a Condition Subsequent • A Fee Simple Absolute • D Fee Simple Determinable • Jt. Tenancies are created in the PITT 1) P Possession 2) I Interest 3) T Time 4) T Title 4-D’s defeats a tenancy by the entirety 1) D Death of 1 spouse automatically vests title

in surviving spouse 2) D 1 spouse becomes Debtor in bankruptcy

Fed law allows trustee in bankruptcy to sell TE & divide proceeds ½ to trustee in bankruptcy & other ½ to non-bankrupt spouse.

3) D Dual transfer of TE in which both H & W take part

4) D Divorce, annulment, or in NY a separation judgment

A RAW buyer will earn a broker a commission • R Ready • A Able • W Willing PIP may enforce an oral reality k • P Payment of purchase price, in whole or in

part • I B making valuable Improvements on realty • P B taking Possession A donative transfer is an AID to the donee • A Acceptance by donee • I Intent to make immediate gift • D Proper Delivery of Signed & Acknowledged

Deed

SEC FEW are in warranty deeds • S Covenant of Seisin. • E Covenant against Encumbrances • C Covenant of the right to Convey • F Covenant of Further Assurances • E Covenant of Quiet Enjoyment • W Covenant of Warranty The CIA gives notice to a real prop buyer • C Constructive Notice • I Inquiry Notice • A Actual Notice PINTS for real covenants, but TINS for equitable servitudes • P Privity of Estate • I Intent by original contracting parties that

covenant attach to land & run to future assignees (Horizontal Privity)

• N CIA Notice of Restrictive Covenant • T Touch & Concern the land • S SOF PINTS can come in CANS • C Imposed by Common Owner to protect

lands retained • A Covenants agreed to by Adjoining

landowners / neighbors • N Imposed for benefit of Neighboring Lands • S To carry out Common Plan or Scheme There are LAWS against negative easements • L Light E • A E of Air • W Water use • S E of Support


PIGS create E’s, but a COW partitions realty • P Prescription • I E by implication aka quasi-E • G E by Grant • S E by Strict Necessity • C Ct. Decree • O Oral Agreement between all (100%) of the

co-tenants provided they all (100%) go into possession.

• W Signed writing voluntarily partitioning prop by exchange of deeds signed by all co-tenants.

You get an implied E if you find a CRAB: • C Both dominant & servient estates were

formally held by Common Owner • R Use of an implied E’s Reasonably necessary

for ℜ use of Dominant Estate • A Use (E) was plainly & physically Apparent

from ℜ inspection of land (exception: implied E for underground water pipes)

• B The former use of that land subordinated 1 part of the land for Benefit of another part

A CRAM will extinguish an E • A Abandonment • C Condemnation by state’s exercise of

eminent domain • R Signed writing, Releasing E • A Adverse Possession of Servient Estate in

hostile manner preventing E’s use • M* Merger by common ownership of all

(100%) of dominant & servient estates, cause one can’t possess E, covenant or profit on her own prop.

A EUNUCH establishes adverse possession • E Exclusive Possession not shared w/ owner • U Uninterrupted Possession • N Notorious & Open Possession which would

put true owner on notice that trespasser was possessing his land & he should bring ejectment action.

• U Owner was Under no disability (infancy or mental incompetency) when AP began!

• C Continuous Actual Possession • H Hostile Possession Hostility’s negated if during 10 yr period AP calls the owner OPA • O Offers to buy land from true owner • P Asks Permission of true owner to use land • A Acknowledges title’s in owner TIP a chattel, it becomes a fixture • T Type of chattel that generally becomes part

of real estate • I Intent of person installing chattel & whether

it was intended to be permanently installed or w/ intent to subsequently remove it.

• P The party’s relationship An Area Variance needs ACES2 • A Are there Alternatives available that don’t

violate zoning law? • C Would it alter the Character of the

neighborhood? • E Would it adversely affect the Environment. • S Was it Self-Created? Did owner buy w/

notice of the problem, or did he create it & build w/o a permit

• S Was the variance insubstantial or Substantial?

It’s ℜ to throw SPUD in the Water • S Size of Waterway • P Purpose for using water & resulting harm

from that use • U Extent of Use (how much) • D Duration of use by prop. owner.


FUTURE INTERESTS Vesting’s as easy as ABC • A X’s definitely Ascertainable w/in RAP

period. • B In Being or must be in being w/in RAP

period • C X’s future interest’s Certain to happen A FURS cures a Perpetuities violation • A The estate Administration Contingency • F Fertile Octogenarian Exception • U Unborn Widow Exception • R Reducing an age contingency to 21 years • S The Perpetuities Savings Clause

TRUSTS 102 SENATE is not bound by the spendthrift rules • 10 10% of distributed trust income can be

seized by the trust beneficiary’s judgment creditor

• 10 Trust Income in excess of $10,000 can be assigned away by the beneficiary prior to it’s receipt, but only if assignment was gratuitous (no consideration received) AND assignee’s a close family relative, not more distant than Aunt, Uncle, Nephew or Niece of beneficiary

• S Self-Settled Trusts where the settlor and beneficiary are the same person, trust can be attached by creditors for up to 100% of the settlor’s interest. If settlor retained only life estate, his creditors can only seize 100% of life estate, not remainder interest.

• E Trust’s Expressly made non-spendthrift • N Necessaries furnished to a beneficiary,

allows creditor to recover from trust income the fair value.

• A Alimony & Child Support Obligations • T Fed. Income Taxes owed by the beneficiary. • E Excess Trust Income that’s not reasonably

needed for maintenance & education of beneficiary or his family.

A TIP trust means litigation • T Terminate the Trust • I Invade accumulated Income • P Invade trust Principal


RAP doesn’t apply to a FI w/ a C2ROUP • C CRL’s (PINTS & CANS) • C A remainder interest passing from 1 Charity

to another Charity, but RAP may be violated if the future charitable interest is preceded or followed by a non-charity

• R A Reversionary Interest retained by the grantor (a Possibility of Reverter, Right of Entry, or a reversionary interest on a long term lease (99 year lease))

• O A tenant’s Option to buy contained in a long term lease

• U A FI in trust benefiting the US Gov’t. • P MBE Pre-emptive rights of 1st refusal to

buy, but in NY, only 1st refusals of a commercial nature (business) or involving gov’t rights are exempt from RAP. Thus, a right of 1st refusal on NY Residential realty (between neighbors or among family members) must be fully and finally exercisable w/in the RAP period.

RAP applies to CORE FI’s • C Contingent Remainders • O Options to Purchase retained in a deed by a

grantor that possibly could be exercisable beyond the RAP period.

• R Remainder Interests that either follow a life estate or follow some event

• E Executory Interests (remainders that follow a conditional fee → fee simple determinable or fee simple subject to a condition subsequent)


TORTS Torts are done IN SIN • I Intentional Harm to a person (e.g. Assault,

Battery, False Imprisonment, or the Intentional Infliction of Emotional Harm)

• N ℵ conduct causing personal injury, wrongful death or prop damage

• S Strict Tort λ: A SWAN • I Intentional Harm to Property (e.g. Trespass,

Conversion, or the Intentional Interference w/ a k)

• N Nuisance Tortious conduct has a RING to it • R Reckless • I Intentional • N ℵ • G Grossly ℵ FIT conduct by Δ is unℜ → ℵ • F Failure to Take ℜ Precautions in light of

foreseeable risks • I Inadvertence • T Thoughtlessness Mix the right DIP to establish ℵ • D Duty to exercise ℜ care was owed by the Δ

to the injured Π and the Δ breached this duty. For a ℵ claim the duty is always the same, that is, to conform to the legal standard of ℜ conduct in light of the apparent risks.

• I Physical Injuries to the Π or his property (damages)

• P Π’s injuries were proximately caused by the Δ’s breach of duty.

A parent is λ only for a SICK child • S In an employment relationship where a

child commits a tort, while acting as a Servant or Agent of the parent.

• I Where the parent entrusts or knowingly leaves in the child’s possession, an Instrumentality which in light of the child’s age, intelligence, disposition and prior experience creates an unℜ risk of harm to others.

• C Parent knows of Child’s Tortuous Conduct and directs, approves or Consents to it.

• K Where parent has the ability to control the child, but fails to exercise that control even though the parent Knew of the infant’s violent tendencies that could endanger a 3P.

F CLIPS may “cause” ℵ • F Factual causation • C Concurrent Causes of the Π’s injuries • L Legal Cause – (Restatement language for

both cause in fact & proximate cause) • I Independent Intervening Cause aka

superseding cause • P Proximate Cause • S Successive Causes LARGE C.D2’s are played in ℵ • L Last clear chance • A Assumption of Risk • R Res ispa Loquitor • G Guest Statute • E Emergency Doctrine • C Comparative or Contributory ℵ • D Dram shop act • D Dangers Invites rescue The Emergency Doctrine arises only in the US • U Unanticipated; AND • S Sudden Emergency CRAM conduct on NY realty equals strict tort λ • C Construction • R Repair • A Alteration • M Maintenance


A municipality is λ for a RAID “special relationship” • R Π’s justifiable Reliance on municipality’s

promise or on it’s affirmative undertaking • A Either expressly or impliedly through

promise or action, municipality Assumed DIP duty to act for the Π’s benefit.

• I Knowledge by municipality that it’s Inaction could foreseeably harm P

• D Some Direct Contact btwn Π & Municipality.

A SWAN is strictly λ in Tort • A Abnormally Dangerous Activity • S Strict Products λ • W Worker’s job related injury (Worker’s

Comp) • A Injuries caused by wild Animals or vicious

domestic animals • N ℵ Per Se Put out the Malicious Prosecution MAT • M Malice (spite or meanness) in instituting or

continuing a Criminal prosecution • A Absence of PC that Π would be successfully

prosecuted • T Termination of the malicious prosecution in

favor of accused either on the merits or “a dismissal that’s not inconsistent with the accused’s innocence”

Person who RAN onto Π’s property’s λ in trespass only if Δ’s entry caused harm to land • R Recklessly • A As Result of Abnormally Dangerous Activity • N ℵegligence Only a KID can be sued for Tortuous Interference of a K • K Δ had knowledge of K • I Δ intentionally induced a contracting party

to breach that k; AND • D Damages resulting from the breach of the

existing enforceable k

A CLIP invades privacy • C Commercial Misappropriation of Π’s name,

likeness, or voice w/o Π’s written permission (& compensation). It’s taking commercial advantage of living person’s reputation, prestige or some other value associated w/ Π’s name or likeness w/o compensating for it

• L False Light Publicity – that unreasonably places Π in highly objectionable false light before the public

• I Highly Offensive Intentional Intrusion into another’s seclusion or solitude of privacy.

• P Public Disclosure of highly offensive & deeply shocking Private facts that are of no interest to the public.

TLCS are “Slander Per Se” • T False Statements Specifically Relating to

Conduct incompatible w/ Π’s profession, business or Trade.

• L False Statement that Π has existing Communicable Loathsome Disease

• C Falsely accusing Π of committing serious Crime or committing conduct involving moral turpitude.

• S False statement of serious Sexual Misconduct by either a male or female

A defamer is privileged when she has JET LEG • J Defamatory Statements in course of Judicial

proceeding • E Confidential Defamatory Communications

Spoken Between Spouses who are deemed 1 Entity when a spouse is sued for defamation

• T Truth • L Statements by Legislators made in leg.

chamber • E Executives of state, local or Fed. gov’tal or

admin agencies making defamatory statements in furtherance of their official duties

• G Statements made to the Bar Association Grievance Committees


A defamer gives LIP to a qualified privilege • L Lower Echelon Officials of Gov’tal agencies • I A false statement in which speaker & listener

had some common Interest in subject matter of conversation. Common Interest privilege protects any GF communication on matter in which speaker & listener have corresponding interest or duty. Defamatory statement must be pertinent to parties common interest & made to further or protect that interest.

• P Defamatory statements made to Police or District Attorney about Π’s criminal activity

NO-FAULT INSURANCE No-Fault pays $50,000 for a LOT • L Lost earnings / wages for up to 80% of

injured person’s salary • O Other out of pocket expenses relating to

injury. • T Treatment Expenses If you FUN 3D’s, the reward is serious injury • F Loss of Fetus • F Bone Fracture • U Medically Determined permanent & total

limitation on Use of body member or organ • N Medically Determined Injury of Non-

Permanent Nature that prevents the injured person from performing substantially all her usual daily activities for 90 out of 1st 180 days following accident.

1) D Death 2) D Serious Disfigurement which when viewed

by RPP, would be unattractive, objectionable or object of pity or scorn

3) D Dismemberment FIFI ’S M.D. Cannot get no-fault coverage • F Fleeing Lawful Arrest • I Person who intentionally caused her own

injury • F Accident’s occurring during felonies but

conviction or guilty plea’s required to allow NF carrier to disclaim.

• I Operating vehicle while Intoxicated by drugs or alcohol & causal connection for accident.

• S Knowingly operating or Occupying a stolen vehicle

• M Driver or passenger of motorcycles • D Drag Race


EVIDENCE The proof must be “highly probable” for C2LAM GA2P2 • C Constructive Trust (T CUP) • C Existence of a CRL • L Proof to establish a Lost Will • A Actual Malice in defamation • M Mutual Mistake, Reformation or Fraud • G Gift (AID) • A Adultery • A Adverse Possession (EUNUCH) • P Provisional Remedies (LIAR) • P Terminating Parental Rights (MA & PA) Judicial notice is taken of indisputable facts because they are LMN • L Legislative Facts • M Manifest Facts that are easily and quickly

verifiable by referring to an indisputably accurate source.

• N Notorious Facts that are so commonly known w/in the ct’s jurisdiction that it would waste the ct’s time to have to prove those facts.

A judge doesn’t have to admit C-MUPIT evidence • C Needless presentation of Cumulative

Evidence to prove fact already established • M Evidence that may Mislead or Confuse the

jury • U Undue Delay (too time consuming) • P “Unfair” Prejudicial Effect on the Jury • I Confusion of Issues • T An undue expenditure of Time Admit a RED habit in NY ℵ Cases • R Repetitive, Regular, Routine Response • E The party was in complete & Exclusive

control of the circumstances; AND • D The routine act was Deliberate

OPENS is closed out, even though it’s relevant • O Offers of compromise in Civil Cases • P Evid. Protected by a Privilege. • E Existence of λ Insurance in a Personal

Injury case • N A crim. Δ’s Admissions in Unsuccessful Plea

Bargain Negotiations • S Subsequent Remedial Repairs after an

accident (in civil cases) A witness must PURR before she can testify: • P Witness Personally Perceived event. • U Understand & take oath or affirmation. • R Witness can Remember event • R Witness can Recall event on stand VIC impeaches a witness • V Vicious • I Immoral • C Criminal Acts The 4 “PRIORS” aren’t hearsay provided the declarant testifies 1) 1 – Prior Recorded Recollection 2) 2 – Prior Out of Ct. Identification 3) 3 – Prior Consistent Statement 4) 4 – Prior Inconsistent Statement that was

given under oath, subject to penalty of perjury, at prior trial, hearing, or EBT

Diversity jurisdiction requires fed cts to use state rules for PIPS • P Privileges • I Incompetency of Witnesses • P Presumptions & Inferences • S State SOL For NOW, deadman’s statute’s set aside (NY exceptions) • N In ℵ action involving car, boat or plane -

general facts & results of accident • O When estate offers evidence or questions

interested Witness about transactions or conversations w/ dead person, “Opens the door”

• W Wavier – estate failing to timely object at trial, waives DPS


NON FLIPS are self-authenticating documents • N Newspapers & Periodicals • O Official Publications issued by public

authority • N Notarized / Acknowledged Documents

(except will) where signer appeared before notary, swore to truth of content, & acknowledged execution

• F Foreign Public Records- If custodian’s

signature’s certified by US Embassy • L Product identifiable by Label, Tag, or

Trademark affixed on item in regular course of business

• I Negotiable Instruments & Commercial Paper • P Copies of Public Documents or Records

certified by clerk of agency or court who oversaw it’s custody

• S Documents w/ Gov’t Seal An original document may be replaced by A DOPE • A Content was judicially Admitted by party

against whom it’s being offered. • D* Document has been Destroyed or Lost. • O Original’s Outside ct’s subpoena jurisdiction • P Public record • E Original’s under Exclusive Possession of

opposing party Reliable expert testimony can be given in a black CRAPE: • C Confirmed by Testing • R Reviewed by Peers • A Wide Acceptance of Theory in Profession • P Whether Published • E Potential Rate of Error To rebut inference & burst bubble, party can show missing witness was UCC. • U Unavailable • C Not under party’s control • C Missing witnesses testimony would only be

cumulative

The source for federal privileges are in 3C’s 1) C Constitution 2) C Acts of Congress 3) C Fed. Common law Confidential privileges are SIR P CHAMP: • S Certified Social worker privilege. • I Privilege against Self Incrimination (5th &

14th amend) • R Rape Crisis Counselor’s privilege (NY, not in

fed cts) • P Press privilege • C Clergy privilege • H Husband-Wife Privilege & Spousal

Testimonial Privilege • A Attorney-Client privilege • M MD-Patient privilege • P PhD (psychologists) which NY protects in

same matter as A-C privilege No Leading Questions on direct unless the Witness is HAIRY: • H Hostile, Unwilling or Bias • A Adverse Party • I Identified w/ adverse party • R Recollection’s exhausted & needs refreshing • Y Very Young or old w/ communication

problem Use a CRIB PIC to impeach a W: • C Impeachment by Contradiction • R W’s bad Reputation in community for

truthfulness • I W’s prior VIC Acts (Vicious, Immoral,

or Crim) • B Bias of W • P Prior Inconsistent Statement • I Influence of Drugs or Alcohol on W • C Prior Criminal convictions of W RIP character evidence is admissible when character or trait of character’s essential element in crime, civil claim, or defense • R Reputation • I Specific Instances of Prior Conduct • P W’s Personal Opinion


A MIMIC can introduce prior crimes, on direct exam: • M Δ’s Motive for committing crime • I Specific Intent or Guilty Knowledge • M Absence of Mistake or Accident • I Identify Δ as perpetrator • C Common Plan or Scheme SIR admit you EAT2 DAMP and H is admissible: • S Declarant’s existing State of Mind • I Present Sense Impression • R Business Records • E Excited Utterance • A Admission of a Party Opponent • T Former Testimony • T Witness Tamporting (Intimidated Witness

Rule) • D Dying Declaration • A Declaration Against Interest • M Miscellaneous residual H exception • P Pedigree Statements I declare P-DORM unavailable & admit T-DAMP H • P Invokes Privilege • D Dead or too sick to come to ct. • O Outside ct’s subpoena power • R Refuses to testify even when ordered to by ct • M Lacks Memory BRIBE K, and admit the listener’s state of mind • B Belief • R Reason • I Intent • B Bias • E Emotion • K Knowledge

Offer the Business Records of Mr. TRUMP: • T Record must have been Timely made “at or

near” time of matter recorded • R Must have been habitual, Routine, regular

practice of that business to systematically make & keep such a record.

• U Out of ct. declarant must have been Under a Duty to supply info. for record, unless statement is another hearsay exception which then would allow it’s admissibility, provided the other 4 TRUMP elements are satisfied. (“Hearsay w/in Hearsay”)

• M The record was Made and info. kept as part of regular practice of that business; AND

• P BR must identify source of info.; person supplying info for record must have had Personal knowledge of matter recorded.

Declarations against interest require a PUMP • P Out of ct. declarant knowingly made

statement against declarant ‘s own 3P interest. Ø P Penal Interest Ø P Pecuniary Interest ($) Ø P Proprietary Interest

• U Out of ct. declaration was made by person who is now P DORM Unavailable at trial.

• M When declaration was made, declarant had no Motive to misrepresent facts; AND

• P Declarant must have had Personal knowledge of facts asserted

When non-testimonial H is offered against the criminal Δ it’s BAD: • B Business Records • A Admission by Co-Conspirator made during

& in furtherance of conspiracy • D Dying Declaration


CRIMINAL LAW CRIM K is a criminal’s state of mind • C Criminal. ℵ • R Recklessness aka Wanton Conduct • I Intent • M Maliciousness • K Knowingly FIGS MAN kills • F Felony Murder • I Intentional Murder • G Homicide caused by Gross Recklessness

indicating Δ’s Depraved Indifference to value of human life

• S Intent to cause Serious Bodily Harm resulting in death (NY - voluntary manslaughter)

• MAN Manslaughter (voluntary or involuntary)

BRAKERS can commit felony murder, but not in a LAB • B Burglary • R Robbery • A Arson • K Kidnapping • E Escape from Police Custody. • R Rape • S Sodomy or Aggravated Sex. Abuse 1st degree • L Larceny • A Assault • B Battery A CUB can’t commit felony murder • C Δ didn’t Commit, Command, or request

homicide • U Δ was Unarmed; AND • B Δ had no reason to Believe another co-

conspirator was armed or intended to engage in conduct likely to result in death

HIS defeats a murder intent • H Committed in Heat of passion (HOP) or

under extreme emotional disturbance • I Insanity or Infancy of Killer • S Self-defense or defense of others

(justification) which if established is complete defense.

DAMS gives you robbery and burglary 1st degree • D Displayed / appeared to be firearm w/

intent of forcibly taking prop • A Δ was Armed w/ deadly weapon • M Δ Menaced V by using or threatening to

immediately use dangerous instrument • S Where Δ or accomplice caused Serious

Physical Injury to non-participant during robbery or in immediate flight from crime scene

Common Law Larceny requires a TIP • T Wrongful Taking of Prop • I Specific Intent to Permanently Deprive

Owner. • P Personal Prop of Another FLEET larceny is to steal • F False Pretenses • L Common Law Larceny (TIP) • E Embezzlement • E Extortion • T Larceny by Trick A DA gives you burglary 1st degree • D Structure’s a Dwelling used for overnight

lodges • A There exists Aggravated circumstances

(DAMS)


EVADE NICE WASP MICE raise criminal defenses • E Entrapment • V Vague Criminal Statute • A Bill of Attainder • D Duress • E Ex Post Facto Criminal Law • N Necessity Defense • I Inoperable or Unloaded Gun Defense (NY –

for burglary & robbery) • C Claim of Title or Claim of Right Defense • E Excessively Broad Penal Statute • W Accomplices’ Withdrawal from crime aka

Renunciation • A Alibi defense • S Self-defense (Justification) • P Heat of Passion • M Legal or Factual Mistake • I Insanity, Infancy or Intoxication • C CUB FM defense • E Extreme Emotional Disturbance Defense

In NY, the ordinary criminal defenses are found in a JAR • J Justification • A Alibi • R Claim of Right A DIP invokes the ex-post facto clause • A Law Alters Criminal rules of Evidence, by

requiring less evidence for conviction after Δ’s crime was committed.

• D Eliminating Defenses that were available on date Δ committed crime.

• I Increasing punishment for past crime. • P Punishing Past Conduct which at time it

occurred was not crime HOP allows no reflection, but EED does Heat Of Passion By asserting justification, Δ can RAT on the violent victim • R Reputation • A Violent Acts • T Threats of violence against D


CRIMINAL PROCEDURE (4th amend) To challenge a search, the Δ must have a good REP Reasonable Expectation of Privacy BACH’S PIES allow warrantless searches • B Border Searches • A Automobile Searches • C Consent Searches • H Hot Pursuit • S School Searches • P Plain View Searches • I Searches Incident to an arrest • E Emergency Searches • S Proper Stop &/or Seizure Consider the PAGE factors for a hot pursuit search • P Clear showing of PC • A Whether suspect was Armed. • G Gravity of offense • E Likelihood suspect will Escape A FAIR seizure is constitutional • F Stop & Frisk → ℜ suspicion • A Stop & Arrest → probable cause • I Stop & Inquire (NY) → founded suspicion • R Stop & Request Info → articulable basis

CRIMINAL PROCEDURE (5th-6th amend) A PRICE is paid for a speedy trial • P Prejudice • R Reason for the delay • I Whether Δ was Incarcerated during delay • C Severity of the Charge • E Extent of the Delay


FEDERAL JURISDICTION SCRAM if you don’t have a justiciable claim • S Standing • C Case or Controversy • R Ripeness • A Abstention • M Mootness Apply MRS rules to state challenge to state law • M Mootness • R Ripeness • S Standing

CONSTITUTIONAL LAW PEG a violation to the Establishment Clause • P State statute or activity must have primarily

secular Purpose as opposed to purpose of advancing or inhibiting religion.

• E Law’s primary or inevitable Effect must neither disapprove nor endorse religion; AND

• G Law or conduct can’t foster excessive Gov’tal admin. entanglement w/ religion

A content neutral regulation is a SON of the 1st amend. • S Restriction must be justified by Significant

gov’t interest • O Regulation must leave Open ample

alternative channels of communication; AND • N Regulation must be Narrowly drawn to

further gov’ts goal, but doesn’t have to be least restrictive means of doing so

All commercial speech restrictions w/ TANS are valid • T Ad must be Truthful & concern lawful

products & services • A Gov’t’s restriction must directly &

materially Advance it’s “substantial interest” for enacting law. There must be “reasonable f i t” between the state’s goal & means used to achieve goal.

• N Regulation must be Narrowly drawn and not be more extensive than necessary to achieve it’s substantial interest.


LAPS POPS PAW is simply obscene • L Lacks Literary, • A Artistic, • P Political, • S Scientific value, which has replaced the old

standard of requiring some socially redeeming value in the material (a nation wide standard)

• P Patently, • O Offensive, • P Portrayal of • S Sex. • P Prurient Interest Appeal. That is, material

that has a tendency to excite lewd, lascivious, and lustful thoughts.

• A Average Sensitivity • W The Whole Material must be weighed. A suspect class RAN for equal protection • R Race • A Alienage • N National Origin Fundamental rights drink from the Equal Protection VAT • V Voting Rights • A Access to Cts • T The right to Travel throughout the US. P&I claims aren’t available to UA CRAP • U US gov’t • A Associations (Partnership’s, LLC’s) • C Corporations • R Resident of the state who’s law is being

challenged. To assert P&I the Π must be a non-resident or a newly arrived resident.

• A Aliens • P Partnerships

IS gets intermediate judicial scrutiny, but not MAP • I llegitimacy or Sex (gender) Classifications • I llegally Immigrating School Children • Intermediate Scrutiny • Important Gov’t Interest & method chosen

must Substantially relate to achieving that interest.

• M Mentally Disabled • A Age Discrimination • P Poverty The President always wears his VETS CAPS • V Veto Power over Congressional Acts • E Executive Power to “take care” that laws

of the US are faithfully executed • T Treaty Power • S State of the Union recommendation to

Congress for proposed legislation • C Commander in Chief of the Armed Forces • A Appointment Power over ambassadors,

Judges of the sup. Ct. and other superior officers of the US

• P Pardon Power over Fed. crimes • S The Pres. can also call a Special Session of

Congress


PIEPER FIT WABCD in Congress • P Post Office • I Investigatory Power to find facts in order to

pass leg. • E Enforcement of Fed. Civil Rights under the

13th, 14th and 15th amends • P Property Power • E Federal Elections • R Raising Revenues by Taxing • F Fiscal Power • I Inferior Fed. Cts. and their procedures. • T The Treaty Power • W To Declare War • A Aliens and their naturalization to become

citizens • B Bankruptcy • C International and Interstate Commerce • D District of Columbia Police Power

The 13th Amend. confronts the VIBS of slavery • Vestiges, • Incidents, and • Badges of the Slavery system MAD2 COPS protects fundamental privacy interests • M Right to get Married • A Right to an Abortion • D Spouse’s right to Dissolve a marriage • D Right of terminally ill person to Die. • C Right to Buy, Sell or Use Contraceptives • O Right to privately posses Obscene material,

but not if it depicts minors • P Parenting Rights (right to control the

upbringing and education of child) • S Sexual Activity


GIFTS Give AID and you’ll deliver an ACE • A Acceptance (usually implied) • I Donative Intent • D An effective Delivery • A Actual • C Constructive • E Escrow

WILLS A valid will must be SWEPT • S Signed by adult testator • W Writing • E Signature must be @ End. • P Published • T Two witnesses (don’t have to be adults),

must sign w/in 30 days of each other & in Testator’s presence.

Foreign wills are valid in NY, if valid in SWEDEN • S Singed by testator • W In writing (no nun cuputive wills except

for military personal) & will was properly executed w/ laws of EDEN.

• E The state where it was Executed • D Testator’s Domicile at death • E Testator’s domicile where he executed the

will • N The laws of NY A will contest can TIE the executor’s hands • T Lack of Testamentary Capacity • I Undue Influence • E Improper Execution (improperly SWEPT) I FACED SIR, sidesteps an in terrorem clause • I An Infant can always object to will w/o

violating NCC. • F Litigation to establish the will as Forgery,

but only if based on PC • A Demanding an Accounting or questioning

the conduct of fiduciary. • C Petition for a Construction of will provision

to determine Testator’s intent. • E Surviving spouse exercising Right of

Election • D Pre-Trial Discovery of the SWEPT W’s, the

person who prepared the will, and/or the executor, prior to filing a TIE objection.

• S An objection to SMJ or objection to Ct’s

jurisdiction over the will • I Judicially declared Incompetent can object to

will w/o violating NCC • R The will offered for probate was Revoked by

a later will, based on PC


MAD CAR CLAW can alter an existing will • M Marriage of the Testator • A After born Children • D Divorce • C Common Disaster • A Advancement of a bequest • R Renunciation by a beneficiary • C Cy Pres of charitable bequests • L Lapsed Legacies (but always consider the

Anti-Lapse Statute) • A Ademption or Abatement • W Wrongfully Killing the Testator If you can BRAG IT, J .P . you’ll increase your right of election • B US Savings Bonds, Jointly Held. • R 50% of decedent’s Retirement plan • A Shareholder Agreements entered into after

the marriage that restrict sale or testamentary disposition or Testator’s CHC stock

• G Gifts Causa Mortis • I Inter-Vivos gifts, even to charity exceeding

$10,000 if made w/in 1 year prior to Testator’s death (absent written waiver by other spouse)

• T Pre or Post marriage Totten Trust Accounts • J Post Marriage Jointly Held Bank Accounts or

Jointly held real or personal prop, but only to extent consideration was furnished by decedent.

• P Assets in Trust over which a decedent during her lifetime had a general Power of Appointment to appoint the trust property to ANYONE.

DAVIS and DAD defeat a surviving spouse’s rights • D Divorced • A Annulled; OR • D Dissolved • D A DAD decree • A Abandonment by the SS w/o the other

spouses consent, which continued till the spouse’s death.

• V A Void marriage (bigamous or incestuous) • I The SS as a PLAINTIFF, had earlier

obtained an Invalid DAD decree outside of NY • S Separation Judgment was obtained against SS

based on SS’s fault DIE rights are defeated by DAVIS • D Wrongful Death proceeds from the other

spouses death • I Intestate Share where the deceased spouse

had no will • E Right of Election against the Deceased

spouses will AL IS can use the anti-lapse statute • Anti-Lapse Issue or Sibling of Testator Killer’s permitted to acquire prop. from victim’s estate if the killing was in SIN • S Done in Self-Defense • I He was Insane at the time of the homicide • N It was Accidental (ℵeg. Homicide)


FAMILY LAW MA & PA can terminate custody • M Mental Illness or mental retardation of a

parent (Schizophrenia) • A Abandonment of the Child by the parent

(failing to contact the child for 6 consecutive months)

• P Permanent Neglect of the Child • A Abuse of the Child (severely or repeatedly,

physically or mentally) A former spouse may tune in to WCBS2 PI2N for enforcement • W Wage Deductions • C Hold spouse in Contempt of ct. • B Require Bond be posted as security for

future payments • S If child support (not alimony) is in arrears

of 4 months + ct. may Suspend business or recreational license.

• S Sequestration – allows a ct. in matrimonial action to seize & sell spouse’s assets to satisfy child support & maintenance arrears.

• P Passport Seizure or Denial where child

support arrears exceed $5,000 • I Federal & State Income Tax Refunds can be

w/held & used by state to satisfy child support. • I Financial Institution data match • N Reporting Newly hired employees

Consider FLIP DADSS in motion to grant or change custody from 1 parent to the other: • F Financial Ability of parents • L Lifestyle of parents & any possible adverse

affect on child • I How Initial custody was awarded • P Who’s been child’s Primary care-giver

(length of time current custody arrangement’s been in effect)

• D Desires of children • A Parents Availability & ability & living

arrangements available to raise child • D Prior Incidents of Domestic Violence

(which must be proven to have occurred by preponderance of the evidence)

• S Sexual Behavior or Sexual Preference of parent’s relevant only if child may be adversely affected.

• S Siblings shouldn’t be separated Custodial parent can relocate if ct. hears HER SOBS • H Health Related Concerns • E Economic Necessity of Move • R Impact move would have on existing

Relationship btwn child & non-custodial parent.

• S Demands of Second Marriage. • O Non-custodial parent’s good faith reason

for Opposing move. • B What outcome is most likely to serve BIC. • S Whether move would Strengthen & stabilize

post divorce family and allow fresh start. In determining maintenance, cts will SPAR • S* Marital Standard of Living • P PAID SEAT factors for considering ED • A Ability of Spouse to become Self-Supporting

& time & training necessary to do so. • R One of spouse’s Reduced earning capacity

as result of having waived education or career opportunities by becoming homemaker during marriage.


T.D. OMAR are matrimonial residency requirements • T Complaint must allege either spouse has

been NY resident for continuous Two Year Period immediately preceding commencement of action

• D Where both spouses are NY Domiciliaries when action’s commenced & matrimonial c/a arose in NY (no min. residency is required)

• O Complaint must simply allege either the Π

or Δ’s been NY resident for One continuous Year prior to commencement + MAR

• M Parties were Married in NY • A Matrimonial c/a Arose in NY • R Both parties Resided in NY as H&W Have a PAID SEAT and we’ll equitably distribute • P Separate Prop. • A Age & Heath of each Spouse • I Income of each Spouse at t beginning & end

of marriage • D Duration of Marriage

Ø Longer marriage, more likely ct’s to equitably divide prop. Short marriages ct usually divides in accordance w/ each spouses econ. contribution to prop (rescind marital k, restore to pre-marital position)

• S Marital Standard of Living • E Earning Capacity of each spouse • A Any other relevant factor, including spouses

egregious domestic violence • T Tax consequences of prop distributed to

each spouse. Divorce is A PAIN • A Adultery • P Prison • A Abandonment • I Cruel & Inhuman Treatment • N No Fault Conversion Divorce

Adultery defenses are a bunch of CRAP • C Condonation (forgiveness) - either

expressly or by co-habiting & resuming marital relationship when Π knew of adultery. Condonation’s conditional on Δ’s good behavior. Subsequent acts of adultery will revive forgiven past act

• R Recrimination – where Π’s also committing adultery

• A Active Adultery – was discovered by Π more than 5 years before commencing action. If Π was aware of Δ’s adultery for more than 5 years, even though it continues to present, Π’s claim’s barred by SOL.

• P Π’s Procurement or Concidence of adultery act.

An abandonment divorce requires an IOU • I A spouses Intent not to return to the marital

home • O The abandonment continues for One year

or more. A separation judgment based on abandonment can be for any time period, provided, the other 2 IOU elements exist.

• U The Δ’s departure was unjustified and w/o the Π’s consent


CONFLICT OF LAWS Matters of procedure are governed by the forum’s SUPERB law • S Service of Process (SAD MIC) • U Issues of Untimely Claims (SOL), but where

the claim arose outside of NY, and the Π is a non-domiciliary NY cts borrow the SOL of the state where the c/a arose, if it’s shorter than NY’s SOL.

• P Rules of Pleadings • E Rules of Evidence • R Provisional Remedies (LIAR) • B Burdens of Proof You must SPEND to resolve a conflict of laws in a contract case • S The state where the Subject Matter of the K

is located • P The state where the K is to be Preformed • E The state where the K was Executed • N The state where the K was Negotiated • D The Domiciles of the Contracting Parties


AGENCY & PARTNERSHIP An agent is personally λ if she TOUTS her activity • T The agent commits Tortuous conduct, in

which case the agent is personally λ for those harmed.

• O The agent acted Outside her authority or she acted w/o any authority giving rise to a c/a for breach of the implied in law warranty of authority.

• U The agent acted on behalf of an Un-named or Undisclosed principal

• T The agent served Two principals w/o full disclosure to each principal and obtaining their informed consent.

• S Self-Dealing by the agent w/ the principal’s business opportunities.

A BID can terminate an agency • A An Act of the agent or principal unilaterally

terminating the agency k • B Bankruptcy of Principal • I Incompetency of Principal, unless principal

signed NY “Durable Power of Attorney” • D Death She DRAWS profits, but she’s not a partner • D Payment of a Debt • R Payment of Rent • A Payment of an Annuity to a Partner’s SS • W Wages • S Sale of the good will of a business Every partner has PMS • P The right to use PS Prop. • M The right to participate in Mgmt. • S The right to Share in Profits A SCAG can’t impliedly bind the partnership • S Committing PS to act as Surety • C To Confess a judgment against the PS • A To bind PS to Arbitration • G To sell Good Will of PS

The Ct. will dissolve a CLUB J partnership • C One partner can’t Carry on her share of

work (drugs or stroke) • L The PS can only be carried on at a loss • U Partner’s of Unsound mind • B Partner’s Persistent Breach of PS Agreement • J On other grounds that ct. finds Just &

Equitable