Bar Mnemonics

COIL

Subject: Business Associations

Fiduciary duties:

C = Care

O = Obedience

I = Information

L = Loyalty

DOPSS

Subject: Civil Procedure

Basis for state getting personal jurisdiction over D:

D = Domicile

O = Organized under laws of the state

P = Principal place of business

S = Service of process on party or party's agent

S = Support obligations (child support, alimony, paternity)

Venue is not a VERB

Subject: Civil Procedure

Place for proper venue (i.e.: proper county for trial):

V = Habitually engages in a VOCATION

E = Employed

R = Resides

B = Business regularly conducted

Also, where D sleeps or works

CAN'T RIP apart the class

Subject: Civil Procedure

To file a class action, you need all 4 prerequisites and 1 of the 3 grounds:

4 Prerequisites:

C = Commonality - common issues between parties

A = Adequacy - reps fairly and adequately protect interests of class

N = Numerosity - too many parties requires too many separate trials

T = Typicality - reps are typical of class

1 of 3 grounds:

R = Risk of adverse effects from separation actions

I = Injunctive relief is applicable to the class

P = Predominance of common questions

Lemon SEX

Subject: Constitutional Law

When discussing the Establishment Clause on the MD Bar exam, use the Lemon Test.

S = the law must serve a SECULAR purpose

E = the primary EFFECT of the law may not advance or inhibit religion (an incidental benefit = OK)

E = the law does not cause EXCESSIVE

ENTANGLEMENT with religion

FIDO

Subject: Constitutional Law

Categories of unprotected speech:

F - fighting words (must be face to face)

I - incitement to imminent violence - clear and present danger of immediate lawless action

D - defamation

O - obscenity - Miller obscenity (see POV)

Obscenity depends on your Point Of View

Subject: Constitutional Law

Definition of Miller obscenity:

P - appeals to the PRURIENT interest

O - OFFENSIVE sexual conduct depicted (as defined by state law)

V - VALUELESS in a literary, artistic, political, or scientific way

BFP's are fundamental to Due Process

Subject: Constitutional Law

Fundamental rights for substantive due process purposes break down further into 3 broad categories:

B = Bodily integrity matters - right to refuse medical treatment; right to receive medical treatment while incarcerated

F = Family matters - marriage, divorce, blood relatives live together, raise & educate children

P = Procreation matters - avoid sterilization, access to contraceptives, abortion, but not sexual orientation

Until

Feb/Fall,

Test

Pressure,

Exhaustion

Both

Threaten

Romance

Subject: Contracts & Sales

Contracts and Sales essay test question approach

U = UCC or common law k - Which law applies?

F = Formation - has the k been formed?

T = Terms - What are the terms of the k?

P = Performance - Have the parties performed their contractual obligations (the terms just discussed)?

E = Excuse - Is there an excuse for non-performance or other defense?

B = Breach - If not excused, does the non-performance amount to a breach of K?

T = Third party issues - Are there any 3rd party issues, such as 3rd beneficiaries or assignment/delegation?

R = Remedy - what are the rights and obligations with respect to any remedies and damages?

MY LEGS

Subject: Contracts & Sales

Statute of Frauds applies to k's that involve:

S = SURETYSHIP

L = Sale of LAND

Y = Performance not possible within one YEAR

M = Marriage

E = Estate EXECUTOR'S k's

G = Goods priced at $500 or more

MRS BAKER

Subject: Criminal Law

Felonies that are inherently dangerous felonies for purposes of the common law felony-murder rule:

M = Mayhem/Maiming

R = Rape

S = Sodomy

B = Burglary

A = Arson

K = Kidnapping

E = Escape (from official custody)

R = Robbery

Note: In MD, felony murder applies to statutorily enumerated felonies. The MD statute enumerates the crime that can support a felony murder conviction and includes MRS BAKER felonies PLUS, carjacking and some explosive offensives

Drink WHEAT RUM before the Robbery Run

Subject: Criminal Law

The Robbery Run may involve the following offenses:

W = Weapons offenses

H = Handgun violation

E = Endangerment of the reckless sort

A = Assaults (1st and 2nd)

T = Theft (Larceny)

R = Robbery (Regular and Armed)

U = Use of a handgun in commission of a crime of violence

M = Murder most Foul (Felony)

CARFAN

Things to look for when reading the assigning memo:

C - client: who do you represent?

A - Addressee/Audience: to whom are you writing? lawyer v. non-lawyer; sophisticated v. not sophisticated person. Write to, and with, them in mind.

R - Role: Objective (umpire)/Persuasive (advocate) writing

F - Format: inter-office memo, letter, brief, etc.

A - Affirmative Assignments: what specifically are you asked to do? (instructions from a secondary instructional memo may need to be added)

N - Negative Assignments: what specifically are you told NOT to do?

To prove constructive possession of CDS, factors that are considered included evidence of...

MP3

M = Mutual use and enjoyment (e.g., ∆ appears high)

P = Proprietary interest (e.g., ∆ owns or rents place where CDS found)

P = item found in Plain View or within knowledge (e.g. item found in the open or place where ∆ would know)

P = Proximity (how close was ∆ to the CDS?)

In order for the 4th Amendment to apply, there must be:

3Ss:

S = State action

S = Standing

S = Search or Seizure

Types of liability on a negotiable instrument

Only With Focus Can People Understand liability:

O = Obligation on the instrument (anyone who signs the instrument - Maker, Acceptor, Drawer, Indorser, Accommodation Party)

W = Warranty liability (Transfer and Presentment)

F = Final Payment/payment by mistake

C = Conversion

P = Properly payable (UCC 4 issue; Bank [Drawee] v. Customer [Drawer] issue)

U = Underlying Contract (the agreement that was the reason a check was given in payment)

Transfer warranties given to a transferee by a transferor of a negotiable instrument, applicable if value is given for the negotiable instrument:

I ake for STEAK

S = All SIGNATURES are genuine

T = There are no defenses that can be successful against the TRANSFEROR

E = ENTITLED to enforce (transferor is holder or P.E.T.E)

A = There are no ALTERATIONS

K = Transferor has no KNOWLEDGE of drawer's insolvency

Presentment warranties given to a drawee by a party who "presents

...

Judicial Standing - RAMPS

Ripe, not an Advisory Opinion, not moot, not a political question, standing CRI

Standing CRI

Causation Redressability Injury

Other Standing Issues - NOT ET

Next friend doctrine, organization on behalf of member, 3rd party standing, to enforce government statute, taxpayer or citizen standing

Federal Preemption/Intent to Occupy - FAHU

Comprehensive Federal scheme, federal agency created to administer, historically federally run, uniformity is needed

A state statute is constitutional if PIT

police power, rationally related interest, 10th amendment

fundamental privacy rights - CAMPER

Contraception, abortion, marriage, medical treatment refusal, procreation, porn, education, related persons living together

Protected Class - RAN (gets strict scrutiny)

Race, alien, national origin

Quasi-Suspect Class - LEG (gets intermediate scrutiny)

Legitimacy, education for illegal alien children, gender

Other - WAIT DONE (gets rational basis)

wealth, age, illegal aliens, international travel, disability, orientation (sexual?), national origin (for government process only), public employment

Executive powers - DRAP VOTER

deploy armies, represent US abroad, appoint all ambassadors, consuls and scotus justices, pardon, veto, executive orders, enter treaties, executive agreements with foreign nations, remove Officers

Speech gets intermediate scrutiny -CBS NBC Z

Commercial speech, Broadcast RQs, symbolic neutral - time place manner, ban on nude dancing in public, campaign contributions, zoning

Speech issues - SOUP T

Symbolic acts, overbreadth and vague, unprotected speech (AP SLAP), prior restraints, time place and manner

Unprotected speech - AP SLAP

Prurient interest, portrays sex, LASP V of reasonable person

Due process balancing test - IRA

interest affected, risk of error, additional cost to government

UCC Governs/Goods - GUM

growing crops, unbord animals, moveable tangible property (including removeable fixtures)

Offer - COD

Communication to offeree, objective intent to be bound, definite and certain terms (IPSQUD)

Definite and certain terms - IPSQUD

identified parties, price, subject matter, quantity, description

Not Offers - I GRAPE

Invitations to deal, Goods Ks w/out quantity or output, Real estate w/out land/price, ads, preliminary negotiations, real estate offers not identifying land and price, advertisements, employment offers without duration

Acceptance - POSUM

Performance, only offeree can accept, unless option conrtact, Silence (limited), unauthorized method of acceptance while offer is open, mirror image rule

Irrevocable offers - FOUR

firm offer, option contracts, unilater contract coupled with part performance, foreseeable detrimental reliance

Termination - DR DIRT

Time lapse revocation, death or insanity of offeree, intervening illegality, rejection or counteroffer, time lapse (reasonable or specified)

Promissory estoppel - PRIA

promise, reliance, interest of justice, actual reliance

K Defenses - U2 MAMI2 CUVD Penalty FUM SOL

Unconscionability, Undue Influence, Mistake, SoF, PER, ambiguity, mutual mistake, illusory, capacity, ultra vires, duress, penalty clause, illegal, fraud, unilateral mistake, SOL

Sof Frauds - MY LEGS

marriage, year, land, executor, goods >$500, surety

Sof F Exceptions - SWAP

Specially manufactured goods, Written confirmation by merchant, Admission in proceeding, Performance by payment or acceptance

PER exceptions - DAM FOIL

duress, ambiguitiy, mistake, fraud, oral condition precedent, illegality, lack of consideration

Contract Equitable remedies - 4R SL

Restitution, Rescission, Reliance, Reformation, Specific performance, Liquidated Damages

Rescission - MUMIII

Mutual mistake, Unilateral mistake, Misrepresentation, Illegality, Impossibility, Incapacity

Specific Performance - MC VID

Mutuality of obligation, Definite and certain terms, Feasible, valid contract, Inadequate legal remedies $, defenses

Discharge performance - MAC MAN BAR SWIFTI

Condition precedent, accord and satisfaction, mutual recession, modification, account stated,novation, breach, anticipatory repudiation, reasonable request for assurances not given, statute of limitations, waiver, impossibility, frustration of purpose, time lapse, impracticability

Felony Murder Rule - BARRK

Burglary, arson, rape, robbery, kidnapping

Second Degree Murder - WKBC

Wanton or reckless conduct, Intent to kill, intent to bring about substantial bodily harm, Intent to commit a felony

Arson - ABCD

arson, more than blackening, charring, a dwelling

Defenses - SEMI III D3 C

self defense, entrapment, mistake (specific intent crimes), intoxication (specific intent crimes), insanity, infancy, involuntary, duress, defense of property, defense of others, consent

R to Counsel - MAP GO FAP

misdemeanor when imprisonment is imposed, arraignment, preliminary hearings to determine probable cause, guilty pleas, overnight recess at trial, felony trials, appeals as a matter of right, post charge line-ups

Miranda Defenses - K SNIP

Knowing and intelligent waiver, spontaneous statement, not custodial, impeachment, public safety question

Warrantless Search - ESCAPES

Exigent, SIA, Consent, Auto, Plain View, Evidence Admin, Stop/Frisk

Fruit of the poisonous tree exceptions - GG AID

Grand jury, good faith reliance by the police (DCS), intervening act of the D, an independent source, inevitable discovery

Good faith reliance - DCS

defective search warrant, case law, statute or ordinance

Exceptions to good faith reliance - LAID

Lied, Abandoned, Insufficient affidavit, Deficient in particularity

Exclusionary rule exceptions - NIPBUG

Non-TR criminal proceedings (grand jury), Impeachment, Public Safety, Booking questions, Undercover police, good faith reliance (DCS)

Lawyers owe the following duties to clients

["A lawyer must be 'C...C.O.I.L.E.D."]

C = Confidentiality

C = Competence (like duty of Care)

O = Objectives (like duty of O bedience)

I = Information (really Communication)

L = Loyalty

E = End of Representation

D = Diligence

Fiduciary Duties

[COIL]

C = Care

O = Obedience

I = Information

L = Loyalty

Basis For State Getting Personal Jurisdiction Over Defendant

[DOPSS]

D = Domicile

O = Organized under the laws of the state

P = Principal place of business

S = Service of process on party or party's agent

S = Support obligations (child support/alimony/paternity)

Place For Proper Venue

[Venue is not a VERB]

V = Habitually engages in a Vocation

E = Employed

R = Resides

B = Business regularly conducted

Also, where Defendant sleeps or works

To File A Class Action, You Need All 4 Prerequisites And 1 Of 3 Grounds

[CAN'T RIP Apart the Class]

4 Prerequisites

C = Commonality - common issues between parties

A = Adequacy - reps fairly and adequately protect interests of class

N = Numerosity - too many parties requires too many separate trials

T = Typicality - reps are typical of class

1 of 3 Grounds

R = Risk of adverse effects from separate actions

I = Injunctive relief is applicable to the class

P = Predominance of common questions

Establishment Clause - A Law Will Be Found Constitutional Under The Lemon Test If It Is...

[Lemon PEE]

P = Purpose - purpose is secular (non-religious)

E = Effect - primary effect not to advance nor inhibit religion

E = Entanglement - does not cause excessive entanglement with religion

Unprotected Speech

[FIDO]

F = Fighting Words (must be face-to-face)

I = Incitement to Imminent / Immediate Violence

D = Defamation

O = Obscenity - Miller obscenity

Obscenity Depends On Your...

[Point Of View]

Miller obscenity:

P = Prurient interest relative to community standards

O = Offensive sexual conduct depicted (as defined by state law)

V = Valueless in a literary], artistic], political or scientific way

Fundamental Rights For Substantive Due Process Purposes

[B.F.P.'s and T.V.s are fundamental to Due Process]

B = Bodily Integrity Matters

F = Family Matters

P = Procreation Matters

T = Travel

V = Voting

Contracts And Sales Essay Test Question Approach

[Until February, Test Pressure, Exhaustion, Both Threaten Romance]

U = UCC or common law contract - Which law applies?

F = Formation - Has a contract been formed?

T = Terms - What are the terms of the contract?

P = Performance - Have the parties performed their contractual obligations (the terms just discussed)?

E = Excuse - Is there an excuse for non-performance or other defense?

B = Breach - If not excused does the non-performance amount to a breach of K?

T = Third party issues - Are there any 3rd party issues such as 3rd beneficiaries or assignment/delegation?

R = Remedy - What are the rights and obligations with respect to any remedies and damages?

Statute Of Frauds Applies To Contracts That Involve...

[SLYME Goods]

S = Suretyship

L = Sale of Land

Y = Performance not possible within ONE Year

M = Marriage

E = Estate Executor's contracts

Goods priced at $500 or more

Inherently Dangerous Felonies For Purposes Of The Common Law Felony-Murder Rule

[MRS. BAKER]

M = Mayhem/Maiming

R = Rape

S = Sodomy

B = Burglary

A = Arson

K = Kidnapping

E = Escape (from official custody)

R = Robbery

Note: In Maryland, felony murder applies to statutorily enumerated felonies. The Maryland statute enumerates the crime that can support a felony murder conviction and includes MRS BAKER felonies plus, carjacking and some explosives offenses.

The Robbery Run May Involve The Following Offenses...

[Drink WHEAT RUM before the Robbery Run]

W = Weapons offenses

H = Handgun violation

E = Endangerment of the reckless sort

A = Assaults (1st and 2nd)

T = Theft (Larceny)

R = Robbery (Regular and Armed)

U = Use of a handgun in commission of a crime of violence

M = Murder most Foul (Felony)

Factors considered to prove constructive possession of CDS include evidence of...

[MP3]

M = Mutual use and enjoyment (e.g.], Defendant appears high)

P = Proprietary interest (e.g. Defendant owns or rents place where CDS found)

P = item found in Plain view or within knowledge (a place where defendant would know)

P = Proximity (How close was Defendant to the CDS?)

In order for the 4th Amendment to apply, there must be...

[3 Ss]

S = State action

S = Standing (on the part of the defendant)

S = Search or Seizure

Warrant Requirement Exceptions

[CAN STRIP SEARCH]

C = Community Caretaker Function

A = Arrest - warrantless

N = National Security/Border Searches

S = Special Needs

T = Terry Stop and Frisk

R = Regulatory/Administrative Searches

I = Inventory

P = Plain View/Feel

S = Search Incident to Lawful Arrest exception

E = Evanescent Evidence

A = Automobile

R = Roadblock/Highway Stops

C = Consent

H = Hot Pursuit

Evidence that looks like "Other Crimes Evidence" but is NOT being offered to prove conforming behavior (propensity) but for some other purpose (special relevancy) may be admissible.

Examples of an "other purpose" are if the evidence is offered to prove...

[MIMIC Plus]

M = Motive

I = Intent

M = absence of Mistake

I = Identity or signature

C = Common scheme or plan

PLUS = opportunity / preparation / consciousness of guilt / other non-propensity purpose

Evidence otherwise admissible yet excluded for reasons of public policy

[Public Policy PRISM]

P = Pleas and connected statements

R = Remedial measures (subsequent)

I = Insurance

S = Settlement offers and connected statements

M = Medical expense offers

Categories of CHARACTER evidence used to determine which rules apply and then whether the evidence will be admitted - the key is WHY it is being offered

[He has ICE in his veins]

I = Impeachment character evidence

C = Conformity character evidence

E = Element character evidence

When element character evidence is admissible? (rare)

[Darn NICE]

D = Defamation

N = Negligent hiring], supervision or entrustment

I = Immigration

C = Child custody

E = Entrapment defense

The three methods of proving character are...

[Character evidence ROCs]

R = Reputation

O = Opinion

C = Conduct (Specific Instances of Conduct)

SIX ways to impeach (Attack Believability/Credibility) A Witness

[2 Eyes (I) 4 Seeing (C) or I2C4]

I = Interest and bias

I = Inconsistent statements and conduct

C = Contradiction (by other witness or evidence)

C = Conviction of crime

C = Character (for truthfulness)

C = Capacity (to observe / recall / relate)

An out-of-court statement is NOT being "offered for its truth" when it is offered to...

["If you're saying you can 'C-ELVIS' you aren't offering the truth"]

C = show that the declarant had the CAPACITY to observe, recall or relate information

E = show its EFFECT on the hearer to explain some action of the hearer or to show what the hearer knew

L = show that the declarant spoke words that, regardless of their truth, have a LEGALLY operative effect

V = show a VERBAL act - words that clarify ambiguous conduct

I = IMPEACH

S = show the declarant's STATE of mind circumstantially

Six Types Of Non-Hearsay

[I C SOM LACE]

I = Impeachment

C SOM = Circumstantial State of Mind

L = Legally operative facts

A = Verbal acts

C = Capacity

E = Effect on hearer

Common law felonies proper for impeachment by prior conviction of crime

[MR. & MRS. K. LAMB]

M = Murder

R = Rape

M = Mayhem (Maiming)

R = Robbery

S = Sodomy

K = Kidnapping

L = Larceny

A = Arson

M = Manslaughter

B = Burglary

When can SILENCE be a "statement" for hearsay purposes?

When can SILENCE be "inconsistent" for prior inconsistent statement?

[HOW can silence be a statement or inconsistent?]

H = Witness Heard and understood what was said by another about witness

O = Witness had the Opportunity to respond

W = Witness Would have responded if the statement were not true

Unavailability for hearsay exceptions purposes is defined as...

[To be unavailable, the declarant must PERISH!]

P = Privilege

E = Exhaustion of memory

R = Refusal to testify

I = Inability to procure witness' attendance despite due diligence

S = Sick (physical or mental)

H = History (as in dead!)

The only hearsay exceptions that REQUIRE UNAVAILABILITY of Declarant are...

[She's not available she's DAFFY!]

D = Dying Declarations (civil and homicide related cases)

A = Statement Against interest (against proprietary, pecuniary or penal interest)

F = Former Testimony

F = Forfeiture by wrongdoing

Y = Family HistorY

Grounds For Divorce

[Seems Almost Every Divorce Involves Inherently Vicious Conduct]

S = Separation (2 year], no fault no requirement)

A = Adultery

E = Excessively Vicious Conduct

D = Desertion (Actual or constructive)

I = Insanity

I = Incarceration

V = Voluntary Separation (1 year)

C = Cruelty

Issues Involving Expert Testimony

[SPOT expert issues]

S = Proper Subject

P = Proper Person

O = Proper Opinion (witness has sufficient factual basis to support the opinion)

T = Proper Testimony (expert opinion is stated properly - not a legal conclusion)

When thinking about property issues think about the property right's

[CUT]

C = Creation

U = Use

T = Termination

Elements Of Adverse Possession

[OCEANS]

O = Open

C = Continuous

E = Exclusive

A = Adverse

N = Notorious and

S = Statutory (20-year) period

Requirements For A Valid Deed

[Deeds Need Simple Words]

D = Description of property

N = Name of grantee

S = Signature of grantor

W = Words of conveyance

Four Unities Necessary For Valid Joint Tenancy

[PITT]

P = Possession - each JT entitled to possess same thing

I = Interest - each JT must own same kind of estate

T = Time - each JT must receive interest at same time

T = Title - each JT must take pursuant to the same deed.

Four Ways To Create An Easement

[PINEE]

P = Prescription

I = Implied

N = Necessity

E = Express

E = Estoppel

Requirements For An Easement By Prescription

[OCANS]

O = Open

C = Continuous

A = Adverse

N = Notorious and

S = Statutory (20-year) period

Requirements For An Easement By Implication

[NCCAP]

N = reasonable Necessity

C = Common grantor of servient and dominant estates

C = Continuous use of the easement from grantor to current owner

A = Apparent (visible) use of servient estate by dominant estate

P = use of easement of servient estate by dominant estate Prior to grant (a.k.a.], quasi-easement)

Requirements For An Easement By Necessity

[NC]

N = strict Necessity

C = Common grantor of servient and dominant estates

Ways An Easement Can Terminate

[TAMPERED your easement or it will die]

T = Terms that give rise to end of easement

A = Abandonment - actions of owner of dominant estate indicates intention to abandon

M = Merger of dominant and servient estates (one person comes to own both properties)

P = Prescription - owner of servient estate shows that they prevented use for statutory period (20 years)

E = Estoppel - reliance on oral promise

R = Release - written termination by holder of dominant estate

E = End of the necessity

D = Destruction of the servant estate

UCC 3/4 Essay Test Question Approach

[Never Heed Legal Drive!]

N = Is this a Negotiable Instrument?

H = Is plaintiff a Holder in Due Course?

L = What is the Defendant's Basis of Liability?

D = Does Defendant], if liable], have a Defense?

A person trying to make another pay on a negotiable instrument must be a Person Entitled To Enforce. (Almost all PETEs are Holders.)

[PETE]

P = Person

E = Entitled

T = To

E = Enforce