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Yessie's Bar review pt. 6

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yessieb's version from 2015-06-30 13:46

19) Consider whether the following BODES well for abnormally dangerous activities:

Question Answer
Bwhether its BENEFIT to the community is outweighed by its high risk of harm
Owhether the activity is not a common OCCURRENCE
Dwhether there is a high DEGREE of risk of harm involved
Ewhether there is an inability to ELIMINATE that risk by the exercise of reasonable care
Swhether there is a likelihood of SEVERE harm resulting from that activity
memorize

20) Only a KID can be sued for Tortuous Interference of a Contract:

Question Answer
KD had KNOWLEDGE of the K;
ID INTENTIONALLY induced a contracting party to breach that K; and
DDAMAGES resulted from the breach of the existing, enforceable K
memorize

21) A CLIP invades privacy:

Question Answer
CCOMMERCIAL misappropriation of P’s name, likeness, or voice w/o P’s written permission (& compensation); taking commercial advantage of a living person’s reputation, prestige, or some other value associated w/ P’s name or likeness w/o compensating him or her for it
LFalse LIGHT publicity that unreasonably places P in highly objectionable false light before the public
IHighly offensive INTENTIONAL intrusion into another’s seclusion or solitude
PPUBLIC disclosure of highly offensive and deeply shocking private facts that are of no legitimate interest to the public
memorize

22) In slander actions, special damages must be pleaded and proven, unless those spoken words are CLAMS (slander “per se”):

Question Answer
CFalsely accusing the P of committing a serious CRIME
LFalsely stating that P has an existing (not former) communicable, LOATHSOME disease (e.g., a sexually transmitted disease)
AMaking a false statement that ADVERSELY reflects on P’s trade or business
MFalsely accusing P of MORAL turpitude
SFalsely accusing P of serious SEXUAL misconduct (male or female)
memorize

23) A defamer is privileged when she has JET LAG:

Question Answer
JDefamatory statements in the course of a JUDICIAL proceeding
EConfidential defamatory communications spoken between spouses who are deemed one ENTITY, when the spouse is sued for defamation
TTRUTH
LStatements by LEGISLATORS made in legislative chambers
AState, local or federal ADMINISTRATIVE agency’s executives or government executives making defamatory statements in furtherance of their official duties
GStatements made to Bar Association GRIEVANCE Committees
memorize

24) A defamer gives LIP to a qualified privilege:

Question Answer
LLOWER echelon officials of government agencies
IA false statement in which the speaker & listener had some common INTEREST in the subject matter of conversation (and the defamatory statement must be pertinent to the parties’ common interest & made to further or protect that interest)
PDefamatory statements made to the POLICE or District Attorney about P’s criminal activity
memorize

 

NO-FAULT INSURANCE

1) No-Fault pays up to $50,000 for a LOT:

Question Answer
LLOST earnings/wages for up to 80% of injured person’s salary ($2,000/mo maximum, for lost wages up to three years from the date of injury)
OOTHER out-of-pocket expenses relating to the injury
TTREATMENT expenses
memorize

2) A serious injury is 3D F(2)UN:

Question Answer
DDEATH
DSerious DISFIGUREMENT, which, when viewed by an RPP, would be unattractive, objectionable, or the object of pity or scorn
DDISMEMBERMENT
FLoss of a FETUS
FBone FRACTURE
UMedically-determined permanent & total limitation on USE of body member or organ
NNINETY out of the first 180 days after a vehicle accident the plaintiff is unable to perform substantially all of her usual daily activities. Medical testimony is required to establish this non-permanent limitation.
memorize

3) An insurance company does not have to pay no-fault benefits to FIFI’S M.D.:

Question Answer
FA person FLEEING a lawful arrest
IA person who INTENTIONALLY caused her own injury
FA person who caused an accident during the commission of a FELONY, but a conviction or guilty plea is required to allow the NF carrier to disclaim
IA person operating a vehicle while INTOXICATED by drugs or alcohol, intoxication where that caused the accident
SA person knowingly operating or occupying a STOLEN vehicle
MA driver or passenger of a MOTORCYCLE (but pedestrians hit by motorcycles are covered)
DDrivers participating in a DRAG race
memorize

1) CRIM K is a criminal’s state of mind:

Question Answer
CCRIMINALLY negligently
RRECKLESSLY (a.k.a. wantonly)
IINTENTIONALLY
MMALICIOUSLY
KKNOWINGLY
memorize

1a) Think PIES for arson 1st degree

Question Answer
PThere was a PECUNIARY motive for setting fire,
IAn INCENDIARY device was used (Molotov cocktail),
EEXPLOSIVES were used, or
SSomeone is SERIOUSLY injured
memorize

2) FIGS MAN kills:

Question Answer
FFELONY murder
IINTENTIONAL murder
GDefendant’s conduct created a GRAVE risk of death. Defendant was aware of the risk
memorize
  and consciously disregarded it displaying a depraved indifference to the victim’s life
Question Answer
SIntent to cause SERIOUS bodily harm that results in death (in NY, this is voluntary
memorize
manslaughter)
Question Answer
MANMANSLAUGHTER (voluntary or involuntary)
memorize

3) BRAKERS can commit felony murder, but not in a LAB:

Question Answer
BBURGLARY
RROBBERY
AARSON
KKIDNAPPING
EESCAPE from police custody after arrest
RRAPE
SCriminal SEXUAL act
LLARCENY
AASSAULT
BBATTERY
memorize

4) A CUB can’t be sentenced to death for felony murder:

Question Answer
CD didn’t COMMIT, command, or request the homicide
UD was UNARMED with a deadly instrument or substance readily capable of causing death or serious physical injury AND
BD had no reason to BELIEVE another co-conspirator was armed or intended to engage in conduct likely to result in death
memorize

5) HIS negates a murderous intent:

Question Answer
HCommitted in the HEAT of passion (HOP) or under extreme emotional disturbance
IINSANITY or infancy of killer
SSELF-DEFENSE or defense of others/justification (*if established it’s a complete defense)
memorize

6) DAMS gives you robbery and burglary 1st degree:

Question Answer
DDISPLAYED what appeared to be a firearm w/ the intent of forcibly taking property
AD was ARMED w/ a deadly weapon
MD MENACED the victim using a dangerous instrument
SD or accomplice caused SERIOUS physical injury to a non-participant during therobbery or in immediate flight from the crime scene. Burglary only requires a physical injury (DAMP)
memorize

7) Common law larceny requires a TIP:

Question Answer
TWrongful TAKING of property
ISpecific INTENT to permanently deprive the owner of that property
PPERSONAL property of another is taken
memorize

8) There are 5 types of FLEET larceny:

Question Answer
FFALSE pretenses
LCommon law LARCENY (TIP)
EEMBEZZLEMENT
EEXTORTION
TLarceny by TRICK
memorize

9) A DA gives you burglary in the 1st degree:

Question Answer
DThe structure is a DWELLING used for overnight lodging, and
AThere exist AGGRAVATED circumstances (DAMP)
memorize

10) NICE MICE EVADE WASPS raise criminal defenses:

Question Answer
NNECESSITY a.k.a. Choice of Evils Defense
IINOPERABLE or unloaded gun (in NY, for burglary and robbery)
CCLAIM of title or claim of right
EEXCESSIVELY broad penal statute
MLegal or factual MISTAKE
IINSANITY, infancy, or intoxication
CCUB status as a defense to felony murder
EEXTREME emotional disturbance
EENTRAPMENT
VVAGUE criminal statute
ABill of ATTAINDER
DDURESS
EEX POST FACTO criminal law
WWITHDRAWAL from the crime (a.k.a. renunciation)
AALIBI or Agency Defense
SSELF-DEFENSE/justification (ordinary defense in NY, affirmative defense in MBE)
PHeat of PASSION
SSTATUTE of limitations
memorize

11) Retroactive criminal laws are prohibited by a PIED piper:

Question Answer
PThe law made PAST conduct a crime, which, at the time it occurred, was not a crime
IThe law INCREASED the punishment for a past crime
EThe law altered the rules of EVIDENCE after the crime was committed by requiring less evidence for a conviction
DThe law eliminated DEFENSES that were available on the date the crime was committed
memorize

12) HOP allows no reflection, but EED does:

HEAT OF PASSION; EXTREME EMOTIONAL DISTURBANCE

13) Most of NICE MICE EVADE WASPS are “affirmative defenses” except for IRACS:

Question Answer
IINFANCY defense (the defendant is under 7 or under 16)
RClaim of RIGHT defense
AALIBI defense or the AGENCY Defense to a drug sale indictment
CCHOICE of evils defense which New York calls Justification.
SSELF DEFENSE (New York)
memorize

14) In asserting justification, D can RAT on the violent victim by presenting evidence of the victim’s violent:

Question Answer
RREPUTATION
AViolent ACTS
TTHREATS of violence against D
memorize

1) 4th Amendment Mneumonics

To challenge a search, the D must have a good REP:
REASONABLE EXPECTATION of PRIVACY

2) BACH’S PIES allow warrantless searches:

Question Answer
BBORDER searches
AAUTOMOBILE searches
CCONSENT searches
HHOT pursuit
SSCHOOL searches
PPLAIN view searches
ISearches INCIDENT to arrest
EEMERGENCY searches
SProper STOP and/or seizure
memorize

3) Consider the PAGE factors for a hot pursuit search:

Question Answer
PClear showing of PC
AWhether the suspect was ARMED
GGRAVITY of the offense
ELikelihood that the suspect will ESCAPE
memorize

4) A FAIR seizure is constitutional:

Question Answer
FStop & FRISK requiring reasonable suspicion (level 3)
AStop & ARREST requiring probable cause (level 4)
IStop & INQUIRE (NY) requiring founded suspicion (level 2)
RStop & REQUEST info requiring articulable basis (level 1)
memorize
CRIM PRO (5th & 6th Amendments)

5) When deciding whether to grant D’s motion to dismiss for violating D’s right to a speedy trial, the court will consider the PRICE D paid:

Question Answer
PPREJUDICE in the form of loss of witnesses
RREASON for the delay
IWhether D is INCARCERATED during delay
CSeverity of the CHARGE
EEXTENT of the delay
memorize