Bar Mnemonics
Favorites from over at A Girl Walks into a Bar (Exam):
For Contracts Questions:
Until Fall, Test Pressure, Exhaustion, Both Threaten Romance
U: UCC or CL
F: Formation
T: Terms of K
P: Performance
E: Excuses
B: Breach
T: Third Party Issues
R: Remedies
For Collateral Estoppel:
PIANO
Party in prior lawsuit
Identical issue
Actually litigated and determined
Necessarily determined
Opportunity to litigate (full and fair)
HEARSAY EXCEPTIONS:
BAD SPLITS, PEPPI
B Business records
A Admission by party opponent
D Dying declaration
S Spontaneous statements (excited utterance and present sense impression
P Past recollection recorded
L Learned treatise
I Interest Declaration against
T Testimony, Former
S State of mind or condition
P Public records
E Equivalency (residual, catch-all)
P Prior inconsistent statement
P Prior consistent statement
I Identification
SOF:ORGASM
One year
Real estate
Goods $500
Administraor/Executor/Agency
Surety
Marriage
Ordinarily one owes no duty to another unless SCRAP:
Statutory
Contract
Relationship (special like spousal, parent child...)
Assumption of duty
Peril (if one causes it)
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