Monday, July 28, 2008

1 day...

Applicable law
Formation
Terms
Performance
Remedies for unexcused performance
Excused performance
Third party issues

For anyone who took or has taken Barbri, you might recall with fondness or pure, unadulterated hatred (most likely the latter) Professor Epstein's contracts lectures...all three days of them. After those lectures, I'll never forget Armadillos From Texas Play Rap Eating Tacos, his mnemonic for analyzing contracts issues. Apparently stupid mnemonics are the way to go for memorizing points of law. It's certainly helped me out in other subjects. Another of Epstein's mnemonics was MY LEGS for applicability of the Statute of Frauds (marriage, year, land, executors, goods, suretyship)

Professor Guzman had a few mnemonics for evidence though, as I recall, his handouts called them pneumonics...to introduce evidence of prior crimes, use a MIMIC (motive, intent, absence of mistake, identity, common scheme) proposition, competency of witnesses is judged by the ROTC (recollection, observation, truthiness, communication) standard and prior similar occurences are only "slipped in" by using a DICK (dangerous condition, impossibility, causation, knowledge) exception.

In property, Professor Norvell taught us that the elements of adverse possession could be remembered using HELUVA (hostile, exclusive, lasting, uninterrupted, visible and actual). To create a joint tenancy, you must have intent to create the joint tenancy plus the four unities, TTIP (time, title, interest and possession). I wish there was some kind of mnemonic for the Rule Against Perpetuities, but that is for another post.

I tried to come up with more but I gave up after a while. Intentional torts: BAFITTC (battery, assault, false imprisonment, IIED, trespass to property, trespass to chattels and conversion). Defenses to intentional torts: CSDDNAD (consent, self-defense, defense of others, defense of property, necessity, arrest, discipline). Elements of negligence: DSBCD (duty, standard, breach, causation, damages).

OK, enough for now. I have a test tomorrow.

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