Wednesday, July 18, 2007

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?

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11 Comments:

Anonymous Anonymous said...

These are great!

7/18/2007 7:28 PM  
Anonymous Anonymous said...

PINT
Privity,
Intent,
Notice,
Touch and concern the land

(requirements for a real covenant to run)

7/18/2007 8:53 PM  
Blogger Mad.J.D. said...

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.

7/18/2007 11:43 PM  
Anonymous Anonymous said...

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

7/18/2007 11:49 PM  
Anonymous Anonymous said...

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

7/19/2007 12:03 AM  
Blogger Mad.J.D. said...

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).

7/19/2007 1:52 AM  
Blogger Callagy said...

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

7/19/2007 9:00 AM  
Anonymous Anonymous said...

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.

7/19/2007 11:25 AM  
Blogger stacita said...

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.

7/20/2007 7:02 AM  
Anonymous Anonymous said...

Fed class action requirements:

No Class to Tap Ass
Numerosity, et c.

7/17/2009 5:08 PM  
Blogger Karan Malhotra said...

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2/13/2014 2:30 PM  

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