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Pieper Bar Review Mnemonics

JURISDICTION Due Process Clause requires you to MOP up jurisdiction M Some minimum contact w/ the state of NY O An opportunity to be heard P Been properly served w/ process To obtain IPJ over DIAL DC D is a domicile of NY I In state service on a non-domicile A Serving an agent designated by the to accept service L Long Arm (LA) jurisdiction over a non-domiciliary D is doing business in NY C consents to NY jurisdiction To get LA jurisdiction over a ND who commits tort act outside NY causing injury inside NY, sue a non-residents DEER in New York (+ SSS) D Derives substantial revenues from goods used or consumed or services rendered in NY E Engages in some persistent course of conduct w/in NY E Expects or should reasonably expect its tortuous acts would have consequence in NY & derives substantial revenues from interstate or international business R Regularly does or solicits business in NY + SSS conduct purposely directed at NY S - Soliciting of NY Business S - Sales in NY S - Performing Services in NY You can sue in NY in matrimonial action where DADA doesnt live in NY & mamas seeking maintenance or child support. D NY was last recent marital Domicile of parties
Pieper Bar Review Mnemonics

A Abandonment took place in NY D Claim for support accrued under NY Decree or under NY law A Parties executed a separation Agreement in NY

Even if no minimum contacts or not served properly, may consent to NY jurisdiction by SCAAMS S Stipulating in open ct., pleading, k, or letter C Asserting unrelated CC in answer A Serving an Answer & failing to raise jurisdictional objection A Asserting improper service in answer, but failing to move for Sum Jud on issue w/in 60 days from when answer was served M 3211 Motion to dismiss, but failing to raise MOP jurisdictional objection S Moving for Sum Jud on related CC, seeking affirmative relief from NY ct. AL-RAN can serve a summons outside New York A Attorney in that jurisdiction L Law of that jurisdiction R Resident of NY A Adult N Non-Party Service of process is made by SAD MIC S Delivered to person of Suitable age & discretion, mail copy, then file A Agent Service D Due Diligence - Nail, Mail & File

G General Agent

M Mailing Process to who must then consent to such service I In hand personal delivery to the C Ct. invented service

You may serve a corporate A MAC DOG anywhere A Assistant Cashier M Managing Agent A Agent authorized to receive service for corp. expressly, impliedly or by estoppel C Cashier D Director O Officer
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Only a MAN can make a proper appearance in a pending lawsuit M Make pre-answer Motion, extending s time to answer A Serve an Answer N Serve a Notice of appearance in response to summons served w/o complaint To vacate default judgment, bring a REAM of papers w/in 1 yr of being served w/ copy of judgment RE Reasonable Excuse for s default AM must offer Affidavit of Merit setting forth meritorious defense to s claim & that wont be prejudiced by opening default judgment

STATUTE OF LIMITATIONS A BEAR patient doesnt need to give informed consent B In Best interest of patient not to disclose risks involved cause it would have adversely affected patient E Emergency treatment was required cause of an imminent danger or threat of death to patient A Patient Asks Dr. to proceed regardless of risk R Risks were so commonly known A DIMPLE FIBs for 1 year A Arbitration award must be judicially confirmed D Unlawful State Discrimination complaint must be filed w/ NY state Division of Human Rights I Recover excess Interest paid on loan that has usurious rate (NY - 16% + annually) M Malicious Prosecution P Invasion of Privacy L Libel & Slander E Retaliatory Eviction

F False Imprisonment or False Arrest I Intentional Infliction of Emotional Harm B Assault or Battery

Pieper Bar Review Mnemonics

LEAP DADS CAT if SOL expired L Parties Lengthen the SOL E Equitable Estoppel A Written Acknowledgment of an old / existing debt P Part payment of an old debt

D Disability of the P A Amending a pleading to add a time barred claim D Death of a party S Soldiers and sailors relief act C Time barred related CCs A Claims Arising outside NY where IPJ cant be obtained over in NY ct. T Termination of action, then recommencing after SOL has expired.

A SCARF CRIME lasts 6 years S Specific Performance of Contract C Contract Actions to recover $ that dont involve sale of goods A Actions recognized at common law, but where leg. hasnt prescribed SOL R Reformation of Contract F Fraud, Deceit or Misrepresentation

C Corp. Derivative Actions R Rescission & Restitution c/a I Indemnification or Contribution M Mortgage Foreclosures E Equitable Claims

There was a SOFT RAIN for 3 years S Strict Products (DIM) O Misappropriation of corp or Opportunity F Breach of Fiduciary Duty in which only $ damages are sought T Damages for Trespass or claim for nuisance

R Replevin or Conversion A Annulment of a marriage on the ground of fraud I Tortuous Interference w/ another persons k rights (KID) K Knew of enforceable k I Intentionally Procured its breach; AND D Proximately caused $ Damages N or Malpractice by professional

Liability is vicarious to a POPE P Principal O Owner of NY Vehicle P Partner E Employer J.P. MD doesnt get an extra 6 months to recommence dismissed suit J Lack of Jurisdiction (MOP)
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P s neglect to Prosecute 1st action M Dismissal on Merits (Sum Jud) D Voluntary Discontinuance by P

MOTION PRACTICE Dismiss s complaint w/ SPARERIBS S SOL P Payment A Arbitration & Award R Release given by the E Collateral Estoppel R Res Judicata I Infancy or Incompetency B s claim was discharged in Bankruptcy by S SOF Summary Judgment has LIPS to kiss L Motion can be decided as matter of Law I There are no factual Issues of material fact that have to be litigated P Ct. can grant Partial summary judgment S Ct. can Search the record, but only on issues or claims raised in motion papers PROVISIONAL REMEDIES Before granting LIAR, ct. looks for a COP L Lis Pendens (Notice of Pendency) I Preliminary Injunction A Order of Attachment R Receiver

C Showing by C&C evidence, probably will succeed & is entitled to PR requested by demonstrating extraordinary circumstances (LIE). O Judge must issue Order P Immediate Post-Seizure hearings required if LIAR was obtained ex parte (5 or 10 days is considered immediate)

LPs the only PR where s not a SLOB S The Sheriffs not involved L Theres no ct. review of s Likelihood of success on the merits O No ct. Orders required
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B No Bond needs to be posted

Prelim injunction wont be granted unless tells a LIE L Likelihood (probability, but not certainty) of s success I Irreparable injurys occurring or will occur to unless PI is granted. E Equities when balanced by ct. clearly weigh in s favor. Extra Ordinary Circumstances must be shown in s motion papers before ct. can FIND C.J. to attach her property and grant order of attachment F s Foreign corp not qualified to do business in NY I Intent to defraud creditors or frustrate enforcement of $ judgment READS his NY assets READS a fraudulent intent R Removes assets / property from state E Encumbers property A has Assigned property D Disposed of it S Secreted property (hid it) N s a Non-domiciliary who resides outside state D s a NY Domicile or NY resident but cant be personally served despite diligent efforts

C Crime Victims are entitled to order of attachment when suing convicted felon (Son of Sam law) J s cause of action is based on default Judgment from fed or sister state ct. entitled to full faith & credit or is based on foreign countries judgment

Pieper Bar Review Mnemonics

PLEADINGS Even if a tortfeasor is less than 50% at fault, WARM DIPS doesnt limit joint & several W Workers Comp. cases where s employers impleaded by to share (contribution) in employees grave injury *A s injuries were caused by s use, ownership or operation of Automobile, motorcycle or other motor vehicle. Except Municipal Fire trucks & Police Cars R Reckless (Gross ) Conduct causing s injury M s who are More than 50% responsible for s injury

DISCOVERY Use a PAID MAID for pre-trial discovery P Physical Exam A Request for Admissions I Written Interrogatories D Depositions (aka EBTs examination before trial) M Mental Exam A Demand for Addresses I Inspection of Evidence D Discovery of Evidence (Discovery & Inspection) Object to the form of an EBT question at A CLAM BAR A Ambiguous Question C Compound Question (asking 2 things at once) L Leading Question on direct exam A Argumentative & Badgering Question M Misquoting an earlier statement B An overly Broad Question A Assuming a fact not in evidence when asking Question R Redundant Question on direct exam (previously asked & answered by witness) BAR SAP needs a ct order for EBTs B Before actions been commenced, to assist in bringing action or to preserve evidence A After cases placed on trial calendar & no objections made w/in 20 days by other party that cases not ready for trial, no further discoverys allowed unless moving party can show ct unusual or unanticipated circumstances occurred subsequent to filing notice of issue & prejudice would result if further discoverys not permitted. R Refusal to comply w/ EBT Demand

D Wrongful Death judgments (NY actions to recover only econ injuries) resulting from decedents death I Intentional Tortfeasors remain 100% for s injuries P Property damage S Party who released Hazardous Substance (can be compelled to pay 100% of s judgment regardless of its apportioned share of fault)

VENUE Venue is determined by TLC T Transitory Action L Local Action C Action to Recover Chattel (Replevin) Local actions are WASP MEN W Action for tort of Waste A* Action involving leasehold S Specific performance of real prop k P Partition of reality thats concurrently owned M Mortgage Foreclosure E Ejectment action N* Nuisance action
Pieper Bar Review Mnemonics

S Special Proceedings - Art. 78 (except notices to admit are permitted in special proceedings) A Arbitration requires extra-ordinary circumstances for ct. to order pre-trial discovery P Prisoners

DRIPS are a discovery punishment D Dismiss action against DRIPS or order default judgment against DRIPS R Resolve issues against a nondisclosing party I* Impose attorneys fees & punitive sanctions against non-disclosing party P Preclude that party from offering evidence on certain issues S Strike that partys pleading or any part thereof An expert witness must disclose I.Q. S.O.S. I Experts Identity (except doctors identity in med mal case doesnt have to be disclosed - to prevent retaliation by other doctors (peers)). Q Experts Qualifications S Subject matter on which expert will testify O Substance of experts Opinion; AND S Basic Overall Summary of grounds that form basis of Experts Opinion Theres a BAN on interrogatories B Bill of Particulars & Interrogatories cant both be demanded (except in matrimonial actions) A cant demand interrogatories from until after s time to Answer has expired. N Where is sole basis of s claim interrogatories or EBTs can be demanded but not both. BP is demanded only for LAP L Limits proof that can be offered at trial A Amplifies pleading P Prevents surprise at trial

Pieper Bar Review Mnemonics

ARBITRATION Arbitration awards may be vacated if they are FABLES F Fraud, misconduct or corruption of arbitration A Procedure used violated Art. 75 B Bias of arbitration. L Award Lacked rationality. E Arbitration Exceeded authority or acted contrary to pp S Service of demand to arbitration wasnt properly made, thus party who didnt participate in arbitration cause she wasnt properly served may have award vacated.

CONTRACTS The ingredients for a TACO make a contract T Definite Terms, expressed or implied A Acceptance of Terms C Consideration Supports k O Offer inviting acceptance An offer expires when it gets TIRED T Time after offers made or after expressly stated in offer I Mental Incapacity or Death of offeror or offeree R Revocation of offer communicated to offeree before accepted E Express or implied rejection communicated to offeror D Destruction of subject matter of offer or intervening illegality, terminates offer by operation of law Options can DIE D Destruction of Subject Matter of Option I Intervening Illegality E Expiration of stated option time extinguishes option POP needs no consideration, only signed writing (NY) P Pre-existing duty (modification of k price) O Options P Past Consideration provided its expressed in signed writing SMART FLYS must subscribe to an agreement S Surety Contracts M Marriage Contracts A Answer for debts discharged in bankruptcy R Real Estate Contracts T Testamentary Promises (NY only) F Finders Fee Arrangements

Pieper Bar Review Mnemonics

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L Leases Longer than 1 year Y Contracts Not Capable of Complete Performance w/in a Year S UCC Art. 2 Sales Contracts

Use a COMB for promissory estoppel in NY C Charitable Pledges O To avoid Outrageously Unconscionable Results M Oral Marriage Contracts B Promises by Gratuitous Bailees to obtain insurance on bailed goods A constructive trust is a T-CUP T Transfer of property in reliance on promise; C Existence of Confidential or Fiduciary Relationship U Unjust Enrichment to Transferee of Prop or to some other 3P; AND P Promise, express or implied to hold property for s benefit which promise has been breached 3 types of k beneficiaries are CID C Creditor Beneficiary I Incidental Beneficiary (not really 3PB) D Donee Beneficiary Cant modify the k, if a 3PB is MAD M Manifested assent called for in 3PB k (accepts offer) A Commences Action against Promisor for Breach of 3PB k; OR D Detrimentally Relies on K by Materially Changing Position Contract assignments involve A.D.A. A Assignment of beneficial rights (ex. right to receive payment) D Delegation of performance of a duty; OR A Assumption of duties & liabilities by a 3P

Pieper Bar Review Mnemonics

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SIR-P cant assign WASP S Statute prohibits assignment of right to receive certain payments (WASP): W Workers Comp. A Alimony or Child Support S Spendthrift Trust Income P Personal Injury or Wrongful Death cause of actions I Where Coupled w/ Improper Delegation of k duty to an unqualified person R Where Risk to obligor is altered by assignment P Where services are of highly Personal nature, person receiving services cant assign away right, it would require other person to perform services for someone else materially altering that persons obligation. HAIL, a substantial breach of k H Hardship on breaching party, if total material breach is declared A Amount of benefit bestowed on non-breaching party (greater benefit, less likely ct. is to find material breach) I Whether breach was Innocent. L Likelihood of full performance being achieved I3 FU2MED & I SIP a breach of k defense I Infancy I Insanity I Intoxication

S SOF I Illegality P Parol Evidence Rule (PER)


&

F U U M E D

Fraud Unconscionability Undue Influence Mistake Equitable Defenses Duress

I Impossibility of Performance
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Pieper Bar Review Mnemonics

The other SI2R M is a fraud S Scienter, Knew the Statement was False I Lie was Made w/ Intent to Defraud or Mislead I Resulting Econ. Injury to because of Fraud R s Reliance on Misstatement / Lie M Lie Involved False Material Fact which Induced to Enter K Unilateral mistake COPS out w/ the Equity of Rescission C Mistake was Communicated to Other Party Before he detrimentally relied on Mistaken Figures & Changed Position O Mistake Involved Ordinary P Prompt Notice of Mistake Was Given to Other Party S Mistake Would Impose Substantial Hardship if Not Corrected A THUG may render a k illegal T Type of Illegality & extent publics harmed H Harm that forfeiture would cause if k was declared unenforceably illegal, ct. looks to see whether contracts been substantially performed. U Unjust Enrichment (a windfall) to party asserting illegality defense G Relative Guilt of Each Party 4-Ds are impossible 1) D Death of Performing Party 2) D Danger to life or ill health of performing party 3) D Destruction of Subject Matter of K 4) D Delays temporarily causing performance to become impossible or impracticable

No damages recovery when wearing CAPS C To recover consequential damages, they must have been w/in Contemplation of both parties when k was executed A Damages that party couldve Avoided. P Damages for Pain & suffering or emotional distress resulting from breached k even if such damages were foreseeable S Speculative damages arent recoverable, must be prove w/ certainty PLUS terms dont belong in Contracts P Terms which violate NYs Public policy (usurious rate of interest) L Unreasonably high Liquidated damages clause U Unconscionable terms S Clause in k agreeing to seek specific performance in event of breach doesnt have to be enforced by ct. Apply TISSUE to an employment restriction T Time restriction must be in length I Inability of employee to work elsewhere. S Geographic Space must be as narrow as possible, extending only to those areas that protects the employers interest. SUE The employees services must be Special, Unique or Extraordinary. If assignor assigns same right twice, assignee 1st in time prevails, unless 2nd took assignment in GF, paid value & was 1st to JPNC (MBE) J Obtain a Judgment P Get Paid
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Pieper Bar Review Mnemonics

NC Enter New Contract w/ the obligor

SALES O-CAN cant accept J STRAWs additional terms O Offeror Objects to additional terms w/in time C Offer Expressly Conditions agreement exclusively to terms in offer. A If Additional terms MATERIALLY ALTER offer terms dont become part of k N Either or both parties are nonmerchants. J STRAW Materially Alters offer if it would cause SURPIRSE OR HARDSHIP if offeror wasnt made aware of its existence: J Clause bestowing Jurisdiction on particular ct. or requiring offeror to consent to jurisdiction in particular state. P Part payment S Shortening SOL to sue for nonconforming goods T Limiting Tort R Altering UCC rules for ROL A Adding Arbitration clause unless its customary practice in trade W Clause negating M FEET Warranties such as those of merchantability or fitness You dont need SOFs in a SWAMP S Contracts for Specially Manufactured Goods W Wavier A Judicial Admission of K M* Merchant Memo P Part-Performance OF MICE permits parol evidence O* Establish Oral condition precedent to legal effectiveness of k, provided it doesnt contradict express term of k

Pieper Bar Review Mnemonics

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F Party cant invoke PER to shield that party from allegations of Fraud or Misrepresentation M Mutual Mistake or claim for Reformation of k I Illegality C Failure of Consideration E Explain Ambiguous or Missing Terms or Show No Enforceable Agreement was ever intended

Sales Contracts imply CIDER C Ss not obligated to extend Credit. I B has right to Inspect tendered goods before accepting them, unless k expressly provides otherwise or involves order bill of lading. D Tender of Deliverys implied at Ss place of business, unless both parties know goods are located elsewhere. E B & S must Exchange performances concurrently. R ROLs on party in best position to bear risk (person most likely to have taken precautions to protect goods from loss Insurance) SOAL-V and SORE-V effect ROL Sale On Approval Late Vesting -Goods held by B are not subject to claims of Bs creditors. Sale Or Return Early Vesting -Title & ROL vest immediately in B even though B has right to rescind k Sellers SPARKLE when Bs breach S Stopping Goods in Transit P Sue for Entire K Price A Demand Assurances R Re-sell goods to another B K Keep part of breaching Bs deposit, never more than $500 L Sue for Lost profit E Exercise right to Reclaim Goods Delivered to Insolvent B CIDS WAR is a buyers remedy C Cover I Incidental & Consequential Damages D Damages for Lost Bargain or for Price Paid S Specific Performance of Unique Goods


Pieper Bar Review Mnemonics

W Breach of Warranty A Acceptance Revoked


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R Reject non-conforming goods

M-FEET Warranties are in a sales k M* Merchantability F Fitness for a Particular Purpose E Warranty against Encumbrances E Express Warranties T Ss Warranty of Title Express warranties are SAD S Sample or model which is the basis of the bargain A Written/Oral Affirmation of fact or promise made by S relating to goods D Description of goods in advertisement, brochure or catalog PINE for defective product liabilities P Tort Theory in Strict Products I K theory for Implied warranty N Tort theory of E K theory for breach of a SAD Express Warranty G. P2ALMS is not for a breach of warranty G Govt Military K Defense P Lack of Privity of K P Federal Preemption A Assumption of Risk (can be asserted to any PINE claim) L Lack of Timely Notice to a Seller M Unforeseen Misuse of a Product S SOL A DIM product is defective D Defect in Design of Product I Inadequate Warning M Manufacturing Defect or Mistake in fabrication process.

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NEGOTIABLE INSTRUMENTS One MUST SOW to be a negotiable instrument M Must be payable in Money Only (US or Foreign Currency) U Promise to pay must be Unconditional S Must be payable in Sum Certain T Must be payable on Demand, @ definite Time or after certain future event S Must be Signed by maker or drawer O Must be payable to the Order of: named person, bearer, OR cash W Must be in Signed Writing. T-SAID he warrants the endorsement T Has good Title S All Signatures are genuine A Instrument hasnt been Materially Altered I No knowledge of any Insolvency proceedings of maker or drawer D No Defenses are good against him An H.D.C. cant know the instrument is ODD O Overdue (check (not note) is stale 30 days from date of issuance) D Dishonored D Real or personal defenses to instrument such as visible evidence of alteration, or holder had knowledge when she took check, that drawer had defense to its payment. My MUFFIN bounces off an H.D.C. M Mistake U Unconscionability of underlying transaction F Failure of Consideration F Failure of Condition Subsequent or Precedent I Inducement by Fraud N Non-delivery of completed instrument
Pieper Bar Review Mnemonics

Real DAFFIDILS stop an H.D.C. cold D Duress threat of violence (not econ. duress) A Material Alteration of Instrument F Forgery F Fraud in Fact I Illegality (gambling, usury) D Discharge in bankruptcy of maker or drawer I Infancy of maker or drawer L Lack of mental capacity S SOL has expired on the debt

SECURED TRANSACTIONS A security interest can be perfected in a PIG P Commercial Paper (NIs, bonds or stock certificates). I Intangible Property G Goods

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CORPORATIONS TWIST can pierce the corp veil T Ten largest shs are personally for unpaid wages or vacation pay, provided its corp. stocks not sold on an exchange. W Corp officers are criminally strictly if corp failed to obtained Workers Comp Insurance & employees injured. I Illegal conduct by shareholders S Sales tax or corp income tax that wasnt paid renders o or d responsible for corp. finances personally to taxing authority T Tortuous conduct by corp officers, employees or shareholders who cant use corp. veil to hide from personal Place PVT. McLAW in the Certificate of Incorporation P Pre-Emptive Rights (PRs) V If Value of no par shares is to be fixed by shareholders, rather than directors T Stock Transfer Restrictions (place on stock itself as well)

Shareholders direct mgmt (where theres no Board of Directors for corp) W Corp Dissolution @ Will or upon specific event

M Maxi-Majority (MM) Voting or Quorum Requirements (SuperMajority) C Cumulative Voting for election of directors L Old Corps, Less than 2/3 of shares OR New Corps, Less than majority of shares to vote to voluntarily dissolve corp, or less than 10% shares can vote to call sh meeting to discuss & vote on judicial dissolution. A Sh Agreement to: Act w/o shareholders meeting by shareholders submitting written consent to corp activity. Vote in pre-determined way Limit or restrict power of directors; OR
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Pieper Bar Review Mnemonics

Shareholders must approve DAMMS LAP PLAN D Voluntary Dissolution of Corp. A To sell, Lease or Exchange Substantially All of Corps Assets. M To Amend CoI, Add or Delete sh MM voting or quorum requirements. M Merger or Consolidation of corp w/ another corp., LLC or Limited S Board of directors can bind corp as Surety on any debt that furthers corps business, but to bind corp as surety for non-corp purposes, shareholders must approve (2/3)

P Abolish PRs, redemptive rights or other stock rights

L* CoI change of Location of corp office A* CoI change to appoint new Agent on who service can be sent by SOS *= these can be done by majority vote of directors or majority vote of shares, but both votes arent required (everything else requires both) P Amend CoI to change Corp Purpose P Amend CoI to create or abolish PRs or cumulative voting L Corp Loan to d requires shareholder approval, except in new corps where Board of Directors has adopted general overall plan for making loans to directors or Board of Directors votes directors loan would be in corps best interest. A Amend CoI to Abolish or limit directors for N Amend CoI to change Corp. Name

If a dissenting sh goes to CAMP she gets Appraisal Rights C Abolish Cumulative Voting A Sell, Lease or Exchange Substantially all of Corps Assets. M Consolidate or Merge corp. into Another Corp.

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A ct. will attempt to AIM for fair value in appraisal rights A Net Asset Value used in real estate investment holding corps, retail or wholesale corps holding substantial tangible assets I Investment Value - earning power of corp. stock. M Market Value for Stock based on arms length transaction in which ct. looks at sale of similar businesses in same community. A PEACE proxy is irrevocable P Pledged shares (for loan) E Person Entitled to shares because shes contracted to buy them or now owns them, but who wasnt owner of record on corp. books. A Agreement btwn shareholders to vote in particular way & execute irrevocable proxies for that purpose. C Creditor of corp who receives irrevocable proxy for extending new credit or continuing credit to corp. E Employee COOTE doesnt have preemptive rights C Shares issued by corp for Consideration other than cash O Shares used to affect an Organic Change such as consolidation or merger w/ another business. O Shares Originally authorized in CoI which are sold by corp w/in 1st 2 years of its existence, because PRs dont attach for 2 years from date CoI was filed T Treasury Shares E Shares issued to keep or attract Corp Employees. Judicial reviews precluded if the board shopped at the GAP G Acted in GF A Acted w/in scope of its authority
Pieper Bar Review Mnemonics

P Acted in furtherance of Corps Purpose

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Board of Directors committees cant take a V-CAB V Fill Vacancies on Board of Directors or Vacancies on any of its Committees C Fix directors Compensation A Amend, Adopt or Repeal By-laws B Bypass Board of Directors & directly submit to shareholders any DAMMS LAP PLAN activity Interested directors benefit from 3-Fs 1) F K or transaction was Fair & to Corp. at time it was approved by Board of Directors. 2) F Full Disclosure of directors interest in that transaction & it was submitted to sh for approval. 3) F Full disclosure of directors interest & Board of Directors approved k w/o counting vote of interested d A director cant be indemnified by BIG DR. AL B Involved Bad Faith Conduct I Intentional Misconduct or Knowing Violation of the Law G Misconduct Under-Taken for Personal Gain

L Looting O Oppressive Actions W Waste

D Declaring an Improper Dividend (no surplus) R Improper Redemption of Corp. Shares (no surplus) A Assets distributed to Shareholders w/o paying corp. creditors L Not Dissenting to an improper Loan to a fellow d

20% of corp shares can ID-FLOW to a dissolution I Illegal Conduct D Diversion of Corp Assets to those in control F Fraudulent Conduct toward the Minority
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REAL PROPERTY Freehold estates are LEFTS LE Life Estates FT Fee Tails S Fee Simple (SAD) 3 types of fee simple estates are SAD S Fee Simple Subject to a Condition Subsequent A Fee Simple Absolute D Fee Simple Determinable Jt. Tenancies are created in the PITT 1) P Possession 2) I Interest 3) T Time 4) T Title 4-Ds defeats a tenancy by the entirety 1) D Death of 1 spouse automatically vests title in surviving spouse 2) D 1 spouse becomes Debtor in bankruptcy Fed law allows trustee in bankruptcy to sell TE & divide proceeds to trustee in bankruptcy & other to non-bankrupt spouse. 3) D Dual transfer of TE in which both H & W take part 4) D Divorce, annulment, or in NY a separation judgment A RAW buyer will earn a broker a commission R Ready A Able W Willing PIP may enforce an oral reality k P Payment of purchase price, in whole or in part I B making valuable Improvements on realty P B taking Possession A donative transfer is an AID to the donee
Pieper Bar Review Mnemonics

A Acceptance by donee I Intent to make immediate gift D Proper Delivery of Signed & Acknowledged Deed

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SEC FEW are in warranty deeds S Covenant of Seisin. E Covenant against Encumbrances C Covenant of the right to Convey

F Covenant of Further Assurances E Covenant of Quiet Enjoyment W Covenant of Warranty

PIGS create Es, but a COW partitions realty P Prescription I E by implication aka quasi-E G E by Grant S E by Strict Necessity

The CIA gives notice to a real prop buyer C Constructive Notice I Inquiry Notice A Actual Notice PINTS for real covenants, but TINS for equitable servitudes P Privity of Estate I Intent by original contracting parties that covenant attach to land & run to future assignees (Horizontal Privity) N CIA Notice of Restrictive Covenant T Touch & Concern the land S SOF PINTS can come in CANS C Imposed by Common Owner to protect lands retained A Covenants agreed to by Adjoining landowners / neighbors N Imposed for benefit of Neighboring Lands S To carry out Common Plan or Scheme There are LAWS against negative easements L Light E A E of Air W Water use S E of Support

C Ct. Decree O Oral Agreement between all (100%) of the co-tenants provided they all (100%) go into possession. W Signed writing voluntarily partitioning prop by exchange of deeds signed by all co-tenants.

You get an implied E if you find a CRAB: C Both dominant & servient estates were formally held by Common Owner R Use of an implied Es Reasonably necessary for use of Dominant Estate A Use (E) was plainly & physically Apparent from inspection of land (exception: implied E for underground water pipes) B The former use of that land subordinated 1 part of the land for Benefit of another part A CRAM will extinguish an E A Abandonment C Condemnation by states exercise of eminent domain R Signed writing, Releasing E A Adverse Possession of Servient Estate in hostile manner preventing Es use M* Merger by common ownership of all (100%) of dominant & servient estates, cause one cant possess E, covenant or profit on her own prop.

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A EUNUCH establishes adverse possession E Exclusive Possession not shared w/ owner U Uninterrupted Possession N Notorious & Open Possession which would put true owner on notice that trespasser was possessing his land & he should bring ejectment action. U Owner was Under no disability (infancy or mental incompetency) when AP began! C Continuous Actual Possession H Hostile Possession Hostilitys negated if during 10 yr period AP calls the owner OPA O Offers to buy land from true owner P Asks Permission of true owner to use land A Acknowledges titles in owner TIP a chattel, it becomes a fixture T Type of chattel that generally becomes part of real estate I Intent of person installing chattel & whether it was intended to be permanently installed or w/ intent to subsequently remove it. P The partys relationship An Area Variance needs ACES2 A Are there Alternatives available that dont violate zoning law? C Would it alter the Character of the neighborhood? E Would it adversely affect the Environment. S Was it Self-Created? Did owner buy w/ notice of the problem, or did he create it & build w/o a permit S Was the variance insubstantial or Substantial? Its to throw SPUD in the Water
Pieper Bar Review Mnemonics

S Size of Waterway P Purpose for using water & resulting harm from that use U Extent of Use (how much) D Duration of use by prop. owner.

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FUTURE INTERESTS Vestings as easy as ABC A Xs definitely Ascertainable w/in RAP period. B In Being or must be in being w/in RAP period C Xs future interests Certain to happen A FURS cures a Perpetuities violation A The estate Administration Contingency F Fertile Octogenarian Exception U Unborn Widow Exception R Reducing an age contingency to 21 years S The Perpetuities Savings Clause

TRUSTS 102 SENATE is not bound by the spendthrift rules 10 10% of distributed trust income can be seized by the trust beneficiarys judgment creditor 10 Trust Income in excess of $10,000 can be assigned away by the beneficiary prior to its receipt, but only if assignment was gratuitous (no consideration received) AND assignees a close family relative, not more distant than Aunt, Uncle, Nephew or Niece of beneficiary S Self-Settled Trusts where the settlor and beneficiary are the same person, trust can be attached by creditors for up to 100% of the settlors interest. If settlor retained only life estate, his creditors can only seize 100% of life estate, not remainder interest. E Trusts Expressly made nonspendthrift N Necessaries furnished to a beneficiary, allows creditor to recover from trust income the fair value. A Alimony & Child Support Obligations T Fed. Income Taxes owed by the beneficiary. E Excess Trust Income thats not reasonably needed for maintenance & education of beneficiary or his family. A TIP trust means litigation T Terminate the Trust I Invade accumulated Income P Invade trust Principal

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RAP doesnt apply to a FI w/ a C2ROUP C CRLs (PINTS & CANS) C A remainder interest passing from 1 Charity to another Charity, but RAP may be violated if the future charitable interest is preceded or followed by a non-charity R A Reversionary Interest retained by the grantor (a Possibility of Reverter, Right of Entry, or a reversionary interest on a long term lease (99 year lease)) O A tenants Option to buy contained in a long term lease U A FI in trust benefiting the US Govt. P MBE Pre-emptive rights of 1st refusal to buy, but in NY, only 1st refusals of a commercial nature (business) or involving govt rights are exempt from RAP. Thus, a right of 1st refusal on NY Residential realty (between neighbors or among family members) must be fully and finally exercisable w/in the RAP period. RAP applies to CORE FIs C Contingent Remainders O Options to Purchase retained in a deed by a grantor that possibly could be exercisable beyond the RAP period. R Remainder Interests that either follow a life estate or follow some event E Executory Interests (remainders that follow a conditional fee fee simple determinable or fee simple subject to a condition subsequent)

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TORTS Torts are done IN SIN I Intentional Harm to a person (e.g. Assault, Battery, False Imprisonment, or the Intentional Infliction of Emotional Harm) N conduct causing personal injury, wrongful death or prop damage S Strict Tort : A SWAN I Intentional Harm to Property (e.g. Trespass, Conversion, or the Intentional Interference w/ a k) N Nuisance Tortious conduct has a RING to it R Reckless I Intentional N G Grossly FIT conduct by is un F Failure to Take Precautions in light of foreseeable risks I Inadvertence T Thoughtlessness Mix the right DIP to establish D Duty to exercise care was owed by the to the injured and the breached this duty. For a claim the duty is always the same, that is, to conform to the legal standard of conduct in light of the apparent risks. I Physical Injuries to the or his property (damages) P s injuries were proximately caused by the s breach of duty.

A parent is only for a SICK child S In an employment relationship where a child commits a tort, while acting as a Servant or Agent of the parent. I Where the parent entrusts or knowingly leaves in the childs possession, an Instrumentality which in light of the childs age, intelligence, disposition and prior experience creates an un risk of harm to others. C Parent knows of Childs Tortuous Conduct and directs, approves or Consents to it. K Where parent has the ability to control the child, but fails to exercise that control even though the parent Knew of the infants violent tendencies that could endanger a 3P. F CLIPS may cause F Factual causation C Concurrent Causes of the s injuries L Legal Cause (Restatement language for both cause in fact & proximate cause) I Independent Intervening Cause aka superseding cause P Proximate Cause S Successive Causes LARGE C.D2s are played in L Last clear chance A Assumption of Risk R Res ispa Loquitor G Guest Statute E Emergency Doctrine

C Comparative or Contributory D Dram shop act D Dangers Invites rescue

The Emergency Doctrine arises only in the US


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U Unanticipated; AND S Sudden Emergency

CRAM conduct on NY realty equals strict tort C Construction R Repair A Alteration M Maintenance

A municipality is for a RAID special relationship R s justifiable Reliance on municipalitys promise or on its affirmative undertaking A Either expressly or impliedly through promise or action, municipality Assumed DIP duty to act for the s benefit. I Knowledge by municipality that its Inaction could foreseeably harm P D Some Direct Contact btwn & Municipality. A SWAN is strictly in Tort A Abnormally Dangerous Activity S Strict Products W Workers job related injury (Workers Comp) A Injuries caused by wild Animals or vicious domestic animals N Per Se Put out the Malicious Prosecution MAT M Malice (spite or meanness) in instituting or continuing a Criminal prosecution A Absence of PC that would be successfully prosecuted T Termination of the malicious prosecution in favor of accused either on the merits or a dismissal thats not inconsistent with the accuseds innocence Person who RAN onto s propertys in trespass only if s entry caused harm to land R Recklessly A As Result of Abnormally Dangerous Activity N egligence Only a KID can be sued for Tortuous Interference of a K K had knowledge of K

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I intentionally induced a contracting party to breach that k; AND D Damages resulting from the breach of the existing enforceable k

A CLIP invades privacy C Commercial Misappropriation of s name, likeness, or voice w/o s written permission (& compensation). Its taking commercial advantage of living persons reputation, prestige or some other value associated w/ s name or likeness w/o compensating for it L False Light Publicity that unreasonably places in highly objectionable false light before the public I Highly Offensive Intentional Intrusion into anothers seclusion or solitude of privacy. P Public Disclosure of highly offensive & deeply shocking Private facts that are of no interest to the public. TLCS are Slander Per Se T False Statements Specifically Relating to Conduct incompatible w/ s profession, business or Trade. L False Statement that has existing Communicable Loathsome Disease C Falsely accusing of committing serious Crime or committing conduct involving moral turpitude. S False statement of serious Sexual Misconduct by either a male or female A defamer is privileged when she has JET LEG J Defamatory Statements in course of Judicial proceeding E Confidential Defamatory Communications Spoken Between Spouses who are deemed 1 Entity when a spouse is sued for defamation T Truth

L Statements by Legislators made in leg. chamber


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E Executives of state, local or Fed. govtal or admin agencies making defamatory statements in furtherance of their official duties G Statements made to the Bar Association Grievance Committees

A defamer gives LIP to a qualified privilege L Lower Echelon Officials of Govtal agencies I A false statement in which speaker & listener had some common Interest in subject matter of conversation. Common Interest privilege protects any GF communication on matter in which speaker & listener have corresponding interest or duty. Defamatory statement must be pertinent to parties common interest & made to further or protect that interest. P Defamatory statements made to Police or District Attorney about s criminal activity

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NO-FAULT INSURANCE No-Fault pays $50,000 for a LOT L Lost earnings / wages for up to 80% of injured persons salary O Other out of pocket expenses relating to injury. T Treatment Expenses If you FUN 3Ds, the reward is serious injury F Loss of Fetus F Bone Fracture U Medically Determined permanent & total limitation on Use of body member or organ N Medically Determined Injury of Non-Permanent Nature that prevents the injured person from performing substantially all her usual daily activities for 90 out of 1st 180 days following accident.

1) D Death 2) D Serious Disfigurement which when


viewed by RPP, would be unattractive, objectionable or object of pity or scorn 3) D Dismemberment FIFIS M.D. Cannot get no-fault coverage F Fleeing Lawful Arrest I Person who intentionally caused her own injury F Accidents occurring during felonies but conviction or guilty pleas required to allow NF carrier to disclaim. I Operating vehicle while Intoxicated by drugs or alcohol & causal connection for accident. S Knowingly operating or Occupying a stolen vehicle M Driver or passenger of motorcycles D Drag Race

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EVIDENCE The proof must be highly probable for C2LAM GA2P2 C Constructive Trust (T CUP) C Existence of a CRL L Proof to establish a Lost Will A Actual Malice in defamation M Mutual Mistake, Reformation or Fraud

E The party was in complete & Exclusive control of the circumstances; AND D The routine act was Deliberate

G Gift (AID) A Adultery A Adverse Possession (EUNUCH) P Provisional Remedies (LIAR) P Terminating Parental Rights (MA & PA)

Judicial notice is taken of indisputable facts because they are LMN L Legislative Facts M Manifest Facts that are easily and quickly verifiable by referring to an indisputably accurate source. N Notorious Facts that are so commonly known w/in the cts jurisdiction that it would waste the cts time to have to prove those facts. A judge doesnt have to admit C-MUPIT evidence C Needless presentation of Cumulative Evidence to prove fact already established M Evidence that may Mislead or Confuse the jury U Undue Delay (too time consuming) P Unfair Prejudicial Effect on the Jury I Confusion of Issues T An undue expenditure of Time Admit a RED habit in NY Cases R Repetitive, Regular, Routine Response

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OPENS is closed out, even though its relevant O Offers of compromise in Civil Cases P Evid. Protected by a Privilege. E Existence of Insurance in a Personal Injury case N A crim. s Admissions in Unsuccessful Plea Bargain Negotiations S Subsequent Remedial Repairs after an accident (in civil cases) A witness must PURR before she can testify: P Witness Personally Perceived event. U Understand & take oath or affirmation. R Witness can Remember event R Witness can Recall event on stand VIC impeaches a witness V Vicious I Immoral C Criminal Acts The 4 PRIORS arent hearsay provided the declarant testifies 1) 1 Prior Recorded Recollection 2) 2 Prior Out of Ct. Identification 3) 3 Prior Consistent Statement 4) 4 Prior Inconsistent Statement that was given under oath, subject to penalty of perjury, at prior trial, hearing, or EBT Diversity jurisdiction requires fed cts to use state rules for PIPS P Privileges I Incompetency of Witnesses P Presumptions & Inferences S State SOL For NOW, deadmans statutes set aside (NY exceptions)

N In action involving car, boat or plane - general facts & results of accident O When estate offers evidence or questions interested Witness about transactions or conversations w/ dead person, Opens the door W Wavier estate failing to timely object at trial, waives DPS

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NON FLIPS are self-authenticating documents N Newspapers & Periodicals O Official Publications issued by public authority N Notarized / Acknowledged Documents (except will) where signer appeared before notary, swore to truth of content, & acknowledged execution

To rebut inference & burst bubble, party can show missing witness was UCC. U Unavailable C Not under partys control C Missing witnesses testimony would only be cumulative

F Foreign Public Records- If custodians signatures certified by US Embassy L Product identifiable by Label, Tag, or Trademark affixed on item in regular course of business I Negotiable Instruments & Commercial Paper P Copies of Public Documents or Records certified by clerk of agency or court who oversaw its custody S Documents w/ Govt Seal

An original document may be replaced by A DOPE A Content was judicially Admitted by party against whom its being offered. D* Document has been Destroyed or Lost. O Originals Outside cts subpoena jurisdiction P Public record E Originals under Exclusive Possession of opposing party Reliable expert testimony can be given in a black CRAPE: C Confirmed by Testing R Reviewed by Peers A Wide Acceptance of Theory in Profession P Whether Published E Potential Rate of Error

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The source for federal privileges are in 3Cs 1) C Constitution 2) C Acts of Congress 3) C Fed. Common law Confidential privileges are SIR P CHAMP: S Certified Social worker privilege. I Privilege against Self Incrimination (5th & 14th amend) R Rape Crisis Counselors privilege (NY, not in fed cts) P Press privilege

RIP character evidence is admissible when character or trait of characters essential element in crime, civil claim, or defense R Reputation I Specific Instances of Prior Conduct P Ws Personal Opinion A MIMIC can introduce prior crimes, on direct exam: M s Motive for committing crime I Specific Intent or Guilty Knowledge M Absence of Mistake or Accident I Identify as perpetrator C Common Plan or Scheme SIR admit you EAT2 DAMP and H is admissible: S Declarants existing State of Mind I Present Sense Impression R Business Records

C Clergy privilege H Husband-Wife Privilege & Spousal Testimonial Privilege A Attorney-Client privilege M MD-Patient privilege P PhD (psychologists) which NY protects in same matter as A-C privilege

No Leading Questions on direct unless the Witness is HAIRY: H Hostile, Unwilling or Bias A Adverse Party I Identified w/ adverse party R Recollections exhausted & needs refreshing Y Very Young or old w/ communication problem Use a CRIB PIC to impeach a W: C Impeachment by Contradiction R Ws bad Reputation in community for truthfulness I Ws prior VIC Acts (Vicious, Immoral, or Crim) B Bias of W P Prior Inconsistent Statement I Influence of Drugs or Alcohol on W C Prior Criminal convictions of W

E Excited Utterance A Admission of a Party Opponent T Former Testimony T Witness Tamporting (Intimidated Witness Rule) D Dying Declaration A Declaration Against Interest M Miscellaneous residual H exception P Pedigree Statements

I declare P-DORM unavailable & admit T-DAMP H P Invokes Privilege D Dead or too sick to come to ct. O Outside cts subpoena power R Refuses to testify even when ordered to by ct M Lacks Memory BRIBE K, and admit the listeners state of mind B Belief R Reason
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I Intent B Bias E Emotion K Knowledge

Offer the Business Records of Mr. TRUMP: T Record must have been Timely made at or near time of matter recorded R Must have been habitual, Routine, regular practice of that business to systematically make & keep such a record. U Out of ct. declarant must have been Under a Duty to supply info. for record, unless statement is another hearsay exception which then would allow its admissibility, provided the other 4 TRUMP elements are satisfied. (Hearsay w/in Hearsay) M The record was Made and info. kept as part of regular practice of that business; AND P BR must identify source of info.; person supplying info for record must have had Personal knowledge of matter recorded. Declarations against interest require a PUMP P Out of ct. declarant knowingly made statement against declarant s own 3P interest. P Penal Interest P Pecuniary Interest ($) P Proprietary Interest U Out of ct. declaration was made by person who is now P DORM Unavailable at trial. M When declaration was made, declarant had no Motive to misrepresent facts; AND P Declarant must have had Personal knowledge of facts asserted When non-testimonial H is offered against the criminal its BAD: B Business Records A Admission by Co-Conspirator made during & in furtherance of conspiracy

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D Dying Declaration

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CRIMINAL LAW CRIM K is a criminals state of mind C Criminal. R Recklessness aka Wanton Conduct I Intent M Maliciousness K Knowingly FIGS MAN kills F Felony Murder I Intentional Murder G Homicide caused by Gross Recklessness indicating s Depraved Indifference to value of human life S Intent to cause Serious Bodily Harm resulting in death (NY voluntary manslaughter) MAN Manslaughter (voluntary or involuntary) BRAKERS can commit felony murder, but not in a LAB B Burglary R Robbery A Arson K Kidnapping E Escape from Police Custody. R Rape S Sodomy or Aggravated Sex. Abuse 1st degree

HIS defeats a murder intent H Committed in Heat of passion (HOP) or under extreme emotional disturbance I Insanity or Infancy of Killer S Self-defense or defense of others (justification) which if established is complete defense. DAMS gives you robbery and burglary 1st degree D Displayed / appeared to be firearm w/ intent of forcibly taking prop A was Armed w/ deadly weapon M Menaced V by using or threatening to immediately use dangerous instrument S Where or accomplice caused Serious Physical Injury to nonparticipant during robbery or in immediate flight from crime scene Common Law Larceny requires a TIP T Wrongful Taking of Prop I Specific Intent to Permanently Deprive Owner. P Personal Prop of Another FLEET larceny is to steal F False Pretenses L Common Law Larceny (TIP) E Embezzlement E Extortion T Larceny by Trick A DA gives you burglary 1st degree D Structures a Dwelling used for overnight lodges A There exists Aggravated circumstances (DAMS)

L Larceny A Assault B Battery

A CUB cant commit felony murder C didnt Commit, Command, or request homicide U was Unarmed; AND B had no reason to Believe another co-conspirator was armed or intended to engage in conduct likely to result in death

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EVADE NICE WASP MICE raise criminal defenses E Entrapment V Vague Criminal Statute A Bill of Attainder D Duress E Ex Post Facto Criminal Law

In NY, the ordinary criminal defenses are found in a JAR J Justification A Alibi R Claim of Right A DIP invokes the ex-post facto clause A Law Alters Criminal rules of Evidence, by requiring less evidence for conviction after s crime was committed. D Eliminating Defenses that were available on date committed crime. I Increasing punishment for past crime. P Punishing Past Conduct which at time it occurred was not crime HOP allows no reflection, but EED does Heat Of Passion By asserting justification, can RAT on the violent victim R Reputation A Violent Acts T Threats of violence against D

N Necessity Defense I Inoperable or Unloaded Gun Defense (NY for burglary & robbery) C Claim of Title or Claim of Right Defense E Excessively Broad Penal Statute W Accomplices Withdrawal from crime aka Renunciation A Alibi defense S Self-defense (Justification) P Heat of Passion M Legal or Factual Mistake I Insanity, Infancy or Intoxication C CUB FM defense E Extreme Emotional Disturbance Defense

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CRIMINAL PROCEDURE (4th amend) To challenge a search, the must have a good REP Reasonable Expectation of Privacy BACHS PIES allow warrantless searches B Border Searches A Automobile Searches C Consent Searches H Hot Pursuit S School Searches

CRIMINAL PROCEDURE (5th-6th amend) A PRICE is paid for a speedy trial P Prejudice R Reason for the delay I Whether was Incarcerated during delay C Severity of the Charge E Extent of the Delay

P Plain View Searches I Searches Incident to an arrest E Emergency Searches S Proper Stop &/or Seizure

Consider the PAGE factors for a hot pursuit search P Clear showing of PC A Whether suspect was Armed. G Gravity of offense E Likelihood suspect will Escape A FAIR seizure is constitutional F Stop & Frisk suspicion A Stop & Arrest probable cause I Stop & Inquire (NY) founded suspicion R Stop & Request Info articulable basis

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FEDERAL JURISDICTION SCRAM if you dont have a justiciable claim S Standing C Case or Controversy R Ripeness A Abstention M Mootness Apply MRS rules to state challenge to state law M Mootness R Ripeness S Standing

CONSTITUTIONAL LAW PEG a violation to the Establishment Clause P State statute or activity must have primarily secular Purpose as opposed to purpose of advancing or inhibiting religion. E Laws primary or inevitable Effect must neither disapprove nor endorse religion; AND G Law or conduct cant foster excessive Govtal admin. entanglement w/ religion A content neutral regulation is a SON of the 1st amend. S Restriction must be justified by Significant govt interest O Regulation must leave Open ample alternative channels of communication; AND N Regulation must be Narrowly drawn to further govts goal, but doesnt have to be least restrictive means of doing so All commercial speech restrictions w/ TANS are valid T Ad must be Truthful & concern lawful products & services A Govts restriction must directly & materially Advance its substantial interest for enacting law. There must be reasonable fit between the states goal & means used to achieve goal. N Regulation must be Narrowly drawn and not be more extensive than necessary to achieve its substantial interest.

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LAPS POPS PAW is simply obscene L Lacks Literary, A Artistic, P Political, S Scientific value, which has replaced the old standard of requiring some socially redeeming value in the material (a nation wide standard)

IS gets intermediate judicial scrutiny, but not MAP Illegitimacy or Sex (gender) Classifications Illegally Immigrating School Children Intermediate Scrutiny Important Govt Interest & method chosen must Substantially relate to achieving that interest.

P O P S

Patently, Offensive, Portrayal of Sex.

M Mentally Disabled A Age Discrimination P Poverty

P Prurient Interest Appeal. That is, material that has a tendency to excite lewd, lascivious, and lustful thoughts. A Average Sensitivity W The Whole Material must be weighed.

A suspect class RAN for equal protection R Race A Alienage N National Origin Fundamental rights drink from the Equal Protection VAT V Voting Rights A Access to Cts T The right to Travel throughout the US. P&I claims arent available to UA CRAP U US govt A Associations (Partnerships, LLCs)

The President always wears his VETS CAPS V Veto Power over Congressional Acts E Executive Power to take care that laws of the US are faithfully executed T Treaty Power S State of the Union recommendation to Congress for proposed legislation

C Commander in Chief of the Armed Forces A Appointment Power over ambassadors, Judges of the sup. Ct. and other superior officers of the US P Pardon Power over Fed. crimes S The Pres. can also call a Special Session of Congress

C Corporations R Resident of the state whos law is being challenged. To assert P&I the must be a non-resident or a newly arrived resident. A Aliens P Partnerships

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PIEPER FIT WABCD in Congress P Post Office I Investigatory Power to find facts in order to pass leg. E Enforcement of Fed. Civil Rights under the 13th, 14th and 15th amends P Property Power E Federal Elections R Raising Revenues by Taxing

The 13th Amend. confronts the VIBS of slavery Vestiges, Incidents, and Badges of the Slavery system MAD2 COPS protects fundamental privacy interests M Right to get Married A Right to an Abortion D Spouses right to Dissolve a marriage D Right of terminally ill person to Die.

F Fiscal Power I Inferior Fed. Cts. and their procedures. T The Treaty Power W To Declare War A Aliens and their naturalization to become citizens B Bankruptcy C International and Interstate Commerce D District of Columbia Police Power

C Right to Buy, Sell or Use Contraceptives O Right to privately posses Obscene material, but not if it depicts minors P Parenting Rights (right to control the upbringing and education of child) S Sexual Activity

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GIFTS Give AID and youll deliver an ACE A Acceptance (usually implied) I Donative Intent D An effective Delivery

A Actual C Constructive E Escrow

WILLS A valid will must be SWEPT S Signed by adult testator W Writing E Signature must be @ End. P Published T Two witnesses (dont have to be adults), must sign w/in 30 days of each other & in Testators presence. Foreign wills are valid in NY, if valid in SWEDEN S Singed by testator W In writing (no nun cuputive wills except for military personal) & will was properly executed w/ laws of EDEN. E The state where it was Executed D Testators Domicile at death E Testators domicile where he executed the will N The laws of NY A will contest can TIE the executors hands T Lack of Testamentary Capacity I Undue Influence E Improper Execution (improperly SWEPT) I FACED SIR, sidesteps an in terrorem clause I An Infant can always object to will w/o violating NCC. F Litigation to establish the will as Forgery, but only if based on PC A Demanding an Accounting or questioning the conduct of fiduciary. C Petition for a Construction of will provision to determine Testators intent. E Surviving spouse exercising Right of Election D Pre-Trial Discovery of the SWEPT Ws, the person who prepared the

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will, and/or the executor, prior to filing a TIE objection.

S An objection to SMJ or objection to Cts jurisdiction over the will I Judicially declared Incompetent can object to will w/o violating NCC R The will offered for probate was Revoked by a later will, based on PC MAD CAR CLAW can alter an existing will M Marriage of the Testator A After born Children D Divorce

consideration was furnished by decedent. P Assets in Trust over which a decedent during her lifetime had a general Power of Appointment to appoint the trust property to ANYONE.

C Common Disaster A Advancement of a bequest R Renunciation by a beneficiary C Cy Pres of charitable bequests L Lapsed Legacies (but always consider the Anti-Lapse Statute) A Ademption or Abatement W Wrongfully Killing the Testator

If you can BRAG IT, J.P. youll increase your right of election B US Savings Bonds, Jointly Held. R 50% of decedents Retirement plan A Shareholder Agreements entered into after the marriage that restrict sale or testamentary disposition or Testators CHC stock G Gifts Causa Mortis

I Inter-Vivos gifts, even to charity exceeding $10,000 if made w/in 1 year prior to Testators death (absent written waiver by other spouse) T Pre or Post marriage Totten Trust Accounts J Post Marriage Jointly Held Bank Accounts or Jointly held real or personal prop, but only to extent

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DAVIS and DAD defeat a surviving spouses rights D Divorced A Annulled; OR D Dissolved

D A DAD decree A Abandonment by the SS w/o the other spouses consent, which continued till the spouses death. V A Void marriage (bigamous or incestuous) I The SS as a PLAINTIFF, had earlier obtained an Invalid DAD decree outside of NY S Separation Judgment was obtained against SS based on SSs fault

DIE rights are defeated by DAVIS D Wrongful Death proceeds from the other spouses death I Intestate Share where the deceased spouse had no will E Right of Election against the Deceased spouses will AL IS can use the anti-lapse statute Anti-Lapse Issue or Sibling of Testator Killers permitted to acquire prop. from victims estate if the killing was in SIN S Done in Self-Defense I He was Insane at the time of the homicide N It was Accidental (eg. Homicide)

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FAMILY LAW MA & PA can terminate custody M Mental Illness or mental retardation of a parent (Schizophrenia) A Abandonment of the Child by the parent (failing to contact the child for 6 consecutive months) P Permanent Neglect of the Child A Abuse of the Child (severely or repeatedly, physically or mentally) A former spouse may tune in to WCBS PI2N for enforcement W Wage Deductions C Hold spouse in Contempt of ct. B Require Bond be posted as security for future payments S If child support (not alimony) is in arrears of 4 months + ct. may Suspend business or recreational license. S Sequestration allows a ct. in matrimonial action to seize & sell spouses assets to satisfy child support & maintenance arrears.
2

Consider FLIP DADSS in motion to grant or change custody from 1 parent to the other: F Financial Ability of parents L Lifestyle of parents & any possible adverse affect on child I How Initial custody was awarded P Whos been childs Primary caregiver (length of time current custody arrangements been in effect)

D Desires of children A Parents Availability & ability & living arrangements available to raise child D Prior Incidents of Domestic Violence (which must be proven to have occurred by preponderance of the evidence) S Sexual Behavior or Sexual Preference of parents relevant only if child may be adversely affected. S Siblings shouldnt be separated

P Passport Seizure or Denial where child support arrears exceed $5,000 I Federal & State Income Tax Refunds can be w/held & used by state to satisfy child support. I Financial Institution data match N Reporting Newly hired employees

Custodial parent can relocate if ct. hears HER SOBS H Health Related Concerns E Economic Necessity of Move R Impact move would have on existing Relationship btwn child & non-custodial parent.

S Demands of Second Marriage. O Non-custodial parents good faith reason for Opposing move. B What outcome is most likely to serve BIC. S Whether move would Strengthen & stabilize post divorce family and allow fresh start.

In determining maintenance, cts will SPAR S* Marital Standard of Living P PAID SEAT factors for considering ED
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A Ability of Spouse to become SelfSupporting & time & training necessary to do so. R One of spouses Reduced earning capacity as result of having waived education or career opportunities by becoming homemaker during marriage.

T.D. OMAR are matrimonial residency requirements T Complaint must allege either spouse has been NY resident for continuous Two Year Period immediately preceding commencement of action D Where both spouses are NY Domiciliaries when actions commenced & matrimonial c/a arose in NY (no min. residency is required)

O Complaint must simply allege either the or s been NY resident for One continuous Year prior to commencement + MAR M Parties were Married in NY A Matrimonial c/a Arose in NY R Both parties Resided in NY as H&W

Have a PAID SEAT and well equitably distribute P Separate Prop. A Age & Heath of each Spouse I Income of each Spouse at t beginning & end of marriage D Duration of Marriage Longer marriage, more likely cts to equitably divide prop. Short marriages ct usually divides in accordance w/ each spouses econ. contribution to prop (rescind marital k, restore to pre-marital position) S Marital Standard of Living E Earning Capacity of each spouse A Any other relevant factor, including spouses egregious domestic violence T Tax consequences of prop distributed to each spouse. Divorce is A PAIN A Adultery P Prison A Abandonment I Cruel & Inhuman Treatment
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N No Fault Conversion Divorce

Adultery defenses are a bunch of CRAP C Condonation (forgiveness) - either expressly or by co-habiting & resuming marital relationship when knew of adultery. Condonations conditional on s good behavior. Subsequent acts of adultery will revive forgiven past act R Recrimination where s also committing adultery A Active Adultery was discovered by more than 5 years before commencing action. If was aware of s adultery for more than 5 years, even though it continues to present, s claims barred by SOL. P s Procurement or Concidence of adultery act. An abandonment divorce requires an IOU I A spouses Intent not to return to the marital home O The abandonment continues for One year or more. A separation judgment based on abandonment can be for any time period, provided, the other 2 IOU elements exist. U The s departure was unjustified and w/o the s consent

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CONFLICT OF LAWS Matters of procedure are governed by the forums SUPERB law S Service of Process (SAD MIC) U Issues of Untimely Claims (SOL), but where the claim arose outside of NY, and the is a non-domiciliary NY cts borrow the SOL of the state where the c/a arose, if its shorter than NYs SOL. P Rules of Pleadings E Rules of Evidence R Provisional Remedies (LIAR) B Burdens of Proof You must SPEND to resolve a conflict of laws in a contract case S The state where the Subject Matter of the K is located P The state where the K is to be Preformed E The state where the K was Executed N The state where the K was Negotiated D The Domiciles of the Contracting Parties

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AGENCY & PARTNERSHIP An agent is personally if she TOUTS her activity T The agent commits Tortuous conduct, in which case the agent is personally for those harmed. O The agent acted Outside her authority or she acted w/o any authority giving rise to a c/a for breach of the implied in law warranty of authority. U The agent acted on behalf of an Un-named or Undisclosed principal T The agent served Two principals w/o full disclosure to each principal and obtaining their informed consent. S Self-Dealing by the agent w/ the principals business opportunities. A BID can terminate an agency A An Act of the agent or principal unilaterally terminating the agency k B Bankruptcy of Principal I Incompetency of Principal, unless principal signed NY Durable Power of Attorney D Death She DRAWS profits, but shes not a partner D Payment of a Debt R Payment of Rent A Payment of an Annuity to a Partners SS W Wages S Sale of the good will of a business Every partner has PMS P The right to use PS Prop. M The right to participate in Mgmt. S The right to Share in Profits A SCAG cant impliedly bind the partnership S Committing PS to act as Surety

C To Confess a judgment against the PS A To bind PS to Arbitration G To sell Good Will of PS

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The Ct. will dissolve a CLUB J partnership C One partner cant Carry on her share of work (drugs or stroke) L The PS can only be carried on at a loss U Partners of Unsound mind B Partners Persistent Breach of PS Agreement J On other grounds that ct. finds Just & Equitable

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