Con Law
Strict Scrutiny – govt must show compelling interest necessary to achieve that interest
Intermediate Scrutiny – govt must show important interest substantially related to achieve that interest
Rational Basis – challenger must show there is no legitimate interest and not rationally related
Contracts
Six types of agreements governed by SOF: MY LEGS
 1. Marriage
 2. Year
 3. Land interests + sales
 4. Executors
 5. Goods worth $500+
 6. Sureties
Various ways to discharge duty to perform:
“pranks” – PRAsNCs
 By Performance or tender of performance
 By Rescission
 By Accord and Satisfaction
 By Novation
 By occurrence of Condition Subsequent
“crapss” – CRAPSS
 By Cancellation
 By Release
 By Account Stated
 Partial Discharge by Modification of contract
 By Substituted Contract
 Statute of Limitations
“flee from formation!” – FLIII
 By Frustration
 By Lapse
 By Illegality
 By Impossibility
 By Impracticability
Criminal Law/Procedure
List of specific intent crimes + the intents they require: BAR SCALE FFF
 Burglary — intent to commit felony in dwelling
 Assault — intent to commit battery
 Robbery — intent to permanently deprive other of interest in property taken
 Solicitation — intent to have person solicited commit the crime
 Conspiracy — intent to have crime completed
 * Attempt* — intent to complete crime
 Larceny — intent to permanently deprive other of their interest in property taken
 Embezzlement — intent to defraud
 Forgery — intent to defraud
 False Pretenses — intent to defraud
 First Degree Murder — premeditated intent to kill
Enumerated felonies for felony murder
 Under both common law and MPC – enumerated felonies = BARRK
o Burglary
o Arson
o Rape
o Robbery
o Kidnapping
Exceptions: poisonous fruit evidence will not be excluded – 3 Ins
 1. Independent source
 2. Intervening act
 3. Inevitable discovery
Evidence
Most common non-propensity purposes for offering evidence of D’s other misconduct: MIMIC
 Motive – i.e. burning a building to hide embezzlement
 Intent – i.e. to show guilty knowledge or lack of good faith
 Mistake (absence of)
 Identity – i.e. to show “signature” of crimes
 Common plan or scheme – i.e. committing one crime to prepare for another
Definitional Non-Hearsay – LIVED KEEL
 1. Legally operative language – stmt offered as legally operative language
 2. Impeach – stmts used to impeach witness
 3. Verbal – verbal stmts that accompany actions
 4. Effect on Declarant – stmt made to show effect it has on state of mind of declarant
 5. Knowledge – stmt offered to show listener’s knowledge or awareness of certain circumstances
 6. Explanatory exemption
 7. Effect on Listener – stmts used to show effect it has on state of mind of listener/reader
Statutory Non-Hearsay – PPP PARA CC
 Statements made by WITNESS:
o 1. PIS – prior inconsistent stmt of witness
o 2. PCS – prior consistent stmt of witness
o 3. PID – prior stmt of identification
 Statements made by OPPOSING PARTY:
o 4. Personal admissions
o 5. Adoptive admissions
o 6. Relational admissions
o 7. Authorized admissions
o 8. Stmts by Co-Conspirator
Hearsay Exceptions NOT Requiring Unavailability – PETS RE RE
 1. Present sense impression
 2. Excited utterance
 3. Then-existing mental, emotional, or physical condition
 4. Statement made for medical diagnosis or treatment
 5. Recorded Recollection
 6. Records of Regularly conducted activity
Hearsay Exceptions Requiring Unavailability – SHIFT FWDD
 Five ways a declarant can be considered to be unavailable as a witness: -- PRIMA
o 1. Privilege
o 2. Refusal to testify
o 3. Illness (physical or mental)
o 4. Memory (lack of)
o 5. Absent from hearing
 1. SH – Statement of personal or family History
 2. I – statement against Interest
 3. FT – Former Testimony
 4. FW – Forfeiture by Wrongdoing
 5. DD – Dying Declaration (statement under belief of imminent death)
Property
Four “unities” to create joint tenancy — i.e. four requirements: T-TIP
 1. Time — joint tenants must take interests at the same time
 2. Title — joint tenants must take interests by same title (i.e. same deed, will, or other document of title)
 3. Identical — joint tenants must take with identical, equal interests
 4. Possess — joint tenants must take with rights to possess the whole
When tenant breaches and is NOT in possession of premises, LL has three remedies: SIR
 1. Surrender
 2. Ignore
 3. Re-let
Three elements of constructive eviction: SING
 1. Substantial Interference
 2. Notice
 3. Goodbye – i.e. vacate
When LL breaches implied warranty, tenant has four options: MR. 3
 1. Move out and terminate lease
 2. Repair and deduct, T can make reasonable repairs and deduct cost from future rent
 3. Reduce rent or withhold all rent until court determines fair rental value
 4. Remain in possession, pay full rent, and affirmatively seek money damages
Five areas where LL is liable for torts on premises – CLAPS
 1. Common areas
 2. Latent defects
 3. Assumption of repairs
 4. Public use rule
 5. Short-term lease of furnished dwelling
Test to determine if chattel is fixture = courts will examine four things: DAMN
 1. Damage – extent of damage to real property if chattel is removed
 2. Adaptation – intent of T when they attached chattel
 3. Manner – manner in which chattel is attached
 4. Nature – nature of chattel
Four categories of negative easements: LASS
 Land
 Air
 Support
 Stream water from artificial flow
Four ways to create an easement– PING
 1. Prescription
o Four elements to acquire prescriptive easement: COAH
 1. Continuous and uninterrupted use for given statute’s period
 2. Open and notorious use — discoverable upon inspection
 3. Actual use doesn’t need to be exclusive
 4. Hostile use — without servient owner’s consent
 2. Implication
 3. Necessity
 4. Grant
RULE: to pass legal title from grantor to grantee, the deed must be “LEAD” — Lawfully Executed And Delivered
Three types of notice: AIR
 1. Actual
 2. Inquiry
 3. Record
Eight ways to terminate an easement: END CRAMP
 1. Estoppel
 2. Necessity
 3. Destruction of servient land
 4. Condemnation of servient land
 5. Release by holder to servient owner
 6. Abandonment
 7. Merger
 8. Prescription by servient owner
o Adverse possession elements: COAH
 1. Continuous interference
 2. Open and notorious
 3. Actual
 4. Hostile to easement holder
Compare: Real Covenant vs. Equitable Servitude
 Whether burden runs with land
o For covenant burden to run with land – WITHN
o For equitable servitude benefit to run with land – WIT
 Whether benefit runs with land
o For covenant benefit to run with land – WITV
o For equitable servitude benefit to run with land – WINT
Covenant:
 Requirements for burden to run: WITHN
o 1. Writing
o 2. Intent
o 3. Touch and concern
o 4. Horizontal AND vertical privity
o 5. Notice
 Requirements for benefit to run: WITV
o 1. Writing
o 2. Intent
o 3. Touch and concern
o 4. Vertical privity
Equitable servitude:
 Requirements for burden to run: WIT
o 1. Writing
o 2. Intent
o 3. Touch and concern
 Requirements for benefit to run: WINT
o 1. Writing
o 2. Intent
o 3. Notice
o 4. Touch and concern
Elements for Adverse Possession: OCEANA
 1. Open
o Imagine – “doors kicked wide open”
 2. Continuous
o Imagine – “bringing sleeping bag and pillow”
 3. Exclusive
o Imagine – “putting ‘stay off property’ sign in front of house”
 4. Actual
o Imagine – “stepping through front door”
 5. Notorious
o Imagine – “welcome home sign hanging on front door”
 6. Adverse (Hostile)
Family Law
Factors for equitable division of marital property – ABCDEF + CHAMP + FISH CANAL
 age of both parties
 background of both parties
 capabilities of each party to earn a living
 duration of the marriage, education of both parties
 economic fault of either party
 contribution as a homemaker
 acquisition to marital assets
 money used to purchase marital property
 present income of both parties
 future income of both parties
 standard of living during the marriage
 health of either party
 child custody provisions
 alimony requested by either party
 needs of either party
 assets, liabilities, or debts of the parties
Factors for alimony – DAMP FACTS
 duration of the marriage
 age of the parties
 marital fault
 physical or emotional condition of the parties
 financial resources of the parties
 ability of the independent spouse to meet their needs while paying alimony
 contribution of each party to the marriage
 time needed for the dependent party to obtain training necessary to find appropriate employment
 standard of living established during marriage
Trusts
Fiduciary duties of Trustee = SLAPER – imagine, “if T breaches these duties, he’s in for a good slapper by beneficiary!”
 Duty to Separate Trust Property and Keep Records
 Duty of Loyalty
 Duty to Administer Trust
 Duty to Preserve Trust Property
 Duty to Enforce Claims and Defend Trust
 Duty to Report
Secured Transactions
Scope of Art. P – TASCL
 Transaction
Agricultural lien
Classification of Collaterals
Goods – FEIC
 Farm products
 Equipment
 Inventory
 Consumer Goods
Sale of accounts
Quasi-tangible– CLIMID
 Chattel Paper
 Letters of Credit Rights
 Instruments
 Money
 Investment Property
 Documents
Consignments
Leases
Intangible – CHAD PG
 Commercial tort claims
 Health-Care-Insurance Receivables
 Accounts
 Deposit Accounts
 Payment Intangibles
 General Intangibles
Creation of Security Interest – Vc + Rd + Ad [Pc/Cc] + HAC + D (108) + Proceeds
 Value – Vc
o The creditor must give value
 Right – Rd
o The debtor must have some rights in the collateral.
 Authentication – Ad [Pc/Cc]
o The debtor must have authenticated a security agreement where the debtor has possession or control of the
collateral.
 Security Agreement – Description of the Collateral – D (108)
o Security agreement must provide a description of collateral (9-108)
o Special Case of Floating Security Interests – HAC
 Security Interest in Proceeds – Proceeds
Perfection of Security Interest – F (544) + AP (PMSI/CG) + TP (20) + [Pc/Cc]
 Perfection by Filing – F (5, 4, 4)
o A filing statement is generally only effective for 5 years
o If the debtor’s name has become seriously misleading due to a name change, the creditor must file an amendment
within 4 months of the name change
o Previously filed filing statement remains effective to perfect security interests in collateral acquired before or within
4 months of the debtor’s name change
o When the debtor changes location to a different state
 The perfected status expires 4 months after the location change (or one year after a transfer of collateral
to a person that becomes a debtor thereby and is located in another jurisdiction) unless the creditor
becomes perfected in the new location within four months (or one year) after the change.
 Automatic Perfection – AP (PMSI/CG)
o Purchase Money Security Interest in Consumer Goods
 Temporary Perfection – TP (20)
o A security interest in certificated securities, negotiable documents, or instruments is perfected without filing or the
taking of possession for a period of 20 days from the time it attaches to the extent that it arises for new value given
under an authenticated security agreement.
 Perfection by Possession or Control of Collateral – [Pc/Cc]
Priority – SP-PMSI (CG/In/Eq) + PC (FTFOP) + LC + SC + UC – BIOC + BIG + BCG
 Super Priority – SP PMSI (CG/IN/EQ)
o PMSI in consumer goods is the only PMSI with automatic super priority
 Perfected Creditor – PC (FTFOP)
o Between two perfected creditors – first to file financing statement or perfect gets priority
 Lien Creditor – LC
 Secured Creditor – SC
 Unsecured Creditor – UC
 Priority of Buyers
o Buyer in the Ordinary Course – BIOC
o Buyer in Good Faith – BIG
o Buyer of Consumer Goods – BCG