MDemonic Devices
Do you have good mnemonic devices? Share your witty brilliance with the procrastinators reading this blog. No need for a mnemonic dump...but if you have a couple that are particularly clever, or particularly helpful, please share. Here's a couple of my favorites to get started:
1. without due process, Inevitably Another Guantanamo (due process requirements): 1) Individual Interest; 2) Ability of Additional procedures to increase Accuracy; 3) Government interest
2. R-MEN (for plea ceremony): 1) Right to plead not guilty; 2) Maximum/minimum penalties; 3) Elements of crime; 4) Nature of charges
3. Conviser Is a MotherFucking Douchebag (for specific performance): 1) Contract terms are definite/certain; 2) Inadequacy of legal remedy; 3) Mutuality; 4) Feasibility of enforcement; 5) Defenses
What else you got?
1. without due process, Inevitably Another Guantanamo (due process requirements): 1) Individual Interest; 2) Ability of Additional procedures to increase Accuracy; 3) Government interest
2. R-MEN (for plea ceremony): 1) Right to plead not guilty; 2) Maximum/minimum penalties; 3) Elements of crime; 4) Nature of charges
3. Conviser Is a MotherFucking Douchebag (for specific performance): 1) Contract terms are definite/certain; 2) Inadequacy of legal remedy; 3) Mutuality; 4) Feasibility of enforcement; 5) Defenses
What else you got?
Labels: Bar Exams
posted by Max Power at 7:05 PM
11 Comments:
These are great!
PINT
Privity,
Intent,
Notice,
Touch and concern the land
(requirements for a real covenant to run)
Oh, do I have some mnemonics. Sometimes I think it's all I learned this summer.
*I*m
*D*efinitely
*F*eeling
*M*ore
*D*umb
Checklist for specific performance of a contract: Inadequacy of legal remedies, Definiteness of terms, Feasibility, Mutuality of obligation, Defenses.
and its sister mnemonic for injunctive relief in tort:
*I*
*P*assed the
*F*ucking
*B*ar
*D*ude!
inadequacy of legal remedy, property rights implications, feasibility, balance of hardships, Defenses
For termination of an easement:
END UP A (as in you'll end up a guy without an easement, I guess): estoppel, necessity ends, deed of release, unity of ownership, prescription, abandonment by action.
PISSED - for the vested rights approach in Conflict of Laws: Performance (in contract), Injury (in tort), Situs (in real property), Situs at time of conveyance (in personal property), Execution (in contract formation), Domicile of decedent at date of death (for inheritance) - don't panic, it's for another state.
RAMPS - for justiciability: ripeness, abstention/advisory opinion, mootness, standing
and of course, STREPS for individual rights: speech, takings, religion, equal protection, Procedural Due Process, Substantive Due Process
Those Con Law ones aren't really that illuminating. Here's some that don't make much sense because they kind of cheat, but that have really helped me:
In Commercial Paper, real defenses against a holder in due course:
FFAIIDDSS - forgery, fraud in the factum, alteration, illegality, incapacity, duress, discharge of insolvency, suretyship, duress.
Or how about those pesky 12(b) defenses?
LLIIIFF - Lack of subject matter jdx, lack of personal jdx, improper venue, insufficient process, insufficient service, failure to state a claim, failure to join an indispensable party.
Just have to remember which letters recur more.
Finally, my current favorite, which I made up because I could not remember these to save my ass:
the defenses to formation of a contract:
*I*
*S*aw
*U*
*F*uck
the *M*A*I*D*
Incapacity, Statute of frauds, Unconscionability, Fraud, Mistake of fact, Ambiguity, Illegality, Duress.
Specific Intent Crimes
Sometimes Cats and Frogs Attack Larry, Everybody Freaks but Fred Rogers
Solicitation
Conspiracy
Attempt
First Degree Murder
Assault
Larceny
Embezzlement
Forgery
Burglary
False Pretenses
Robbery
~~~~~~~~~~~~~~~
Exceptions to the Warrant Requirement
Police Can't Always Seize Illegal Hash and Ecstasy
Plain View, COnsent, Automobile Exception, Incident to Arrest, Hot Pursuit and Evanescent Evidence
Exceptions to the warrant requirement:
SPInACH
Stop (and frisk)
Plain view (said in a creepy robot voice)
Incident to lawful arrest
Automobile Exception
Consent
Hot Pursuit/Evanscent Evidence
Specific Intent Crimes:
SAC (Inchoate) BAFFLER
Solicition
Attempt
Conspiracy
Burglary
Assault (SI)
Forgery
False Pretenses
Larceny
Embezzlement
Robbery
Elements to Malicious Prosecution
DICTA
Damages
Improper purpose
Criminal Trial
Termination in favor of the criminal defendant
Absence of probable cause
Elements to an Attractive Nuisance
BABE C
Burden of remedying problem low
Awareness of danger on part on landowner
Bodily injury or death might occur
Exercise of due care (failure)
Children, because of their youth would be unaware of their youth
Prima Facie Undue Influence
SOUP
Susceptability (physical or mental)
Opportunity
Unnatural result
Participation (active)
Then here are a bunch that help me, but probably don't make a whole lot of sense to most.
Hearsay Exception - availability immaterial:
BOPPPED
Business Record
Official Record
Present Sense Impression
Prior Recorded Recollection
Present state of mind
Excited Utterance
Declaration regarding health
Hearsay Exception - declarant unavailable
USF PD
Unavailability caused by defendant
Statement against interest
Former testimony
Personal/Family History
Dying Declaration
Nice Pic BD - non-hearsay
Non-assertive conduct
(Prior) Inconsistent statement
(Prior) Consistent statement
Effect on listener
Party admission
Identification (statement of)
Contract cases
Belief
Defamation cases
This just in: 12:03 has given up a promising career in law in order to open up an institution for Mnemonics.
Can anybody top Max's jab at Conviser, though? It seems unlikely.
By the way, in my FFAIIDDSS mnemonic, I accidentally typed duress twice instead of putting statute of limitations at the end, which begs the question: are these things even that useful in remembering? Let's hope so.
Keep 'em coming! I'm looking for a smooth one for exceptions to the parol evidence rule(attack the validity, show meaning of terms used, show true consideration paid, reform a contract that doesn't reflect intent of parties, collateral agreements, trade usage terms).
Class action requirements.
Federal: Needy Children Transfer Rubella.
Numerosity, Commonality, Typicality, Adequate Representation
California: Another Communist Coalition Seeks Redress
1. Ascertainable Class
2. Community of interests:
a.Common questions predominate;
b. Substantial benefits to parties and court;
c. adequate Representation
What ever happened to just remembering shit. I feel like during the pressure of the exam you mnemonic people are going to be sitting there with useless phrases running through your heads, but not be able to come up with any actual elements.
My probably useless advice, Just get a "feel" for things and let the questions guide you. Consider it the Stephen Colbert approach to the Bar exam
If you get a Parol evidence issue, you can bet that the facts will support at least one exception, look to the facts and they will jog your memory better than any mnemonic.
At least that the way it works for me.
i had one with vagina in it but i totally forgot it. the moral of the story - after this hell is over, you won't remember shit.
good luck everyone. you'll be fine. you've worked hard, now tell those bar examiners to eat it.
Fed class action requirements:
No Class to Tap Ass
Numerosity, et c.
A Hooker ON Every Corner
Adverse Possession
Adverse
Hostile
Open
Notorious
Exclusive
Continuous
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