Details Title: Ackronyms Description: WA BAR Total Flash Cards: 103 Created: 02/05/2009 08:37:50		New Users: To study from this flashcard set, or to create your own your own study flash cards, REGISTER HERE. Existing Users: CLICK HERE. Additional Law Flashcards
Cards in this set: Term TO SIGN A WILL OR TESTAMENTARY TRUST: Definition TIMAS (POT) TESTAMENTARY AGE; INTENT; MENTAL CAPACITY (P0T - PROPERTY; OBJECTS OF BOUNTY; TESTMENTARY INTENT); ATTESTED TO; SIGNED Term REQUIRED for a TRUST Definition SPIRIT ELEMENTS:SETTLOR/DONOR/GRANTOR (CP?); PROPERTY/RES; INTENT; RAP (150 yr in WA); INTENDED ASCERTAINABLE BENEFICIARIES; TRUSTEE Term TRUSTEES RESPONSIBILITIES: Definition PIN(d) CALL (SOB): PROPERLY ADMINISTER; INFORM BENEFICIARIES; NOT DELEGATE DUTIES; COMMINGLING NO; ACCOUNTING TO B'S; LITIGATE FOR TR; LOYALTY (SOB - SELF DEALINGS NO; OPPORTUNITY OF TR TAKE, NO; BORROWING, NO) FID DUTY OF UTMOST GOOD FAITH, FAIR DEALING WITH AFFIRMATIVE DUTY TO DISCLOSE FACTS TO AVOID FRAUD Term UNDUE INFLUENCE IN WILL: Definition FALO: FIDUCIARY; ACTIVE PARTICIPATION; LARGE DEVISE; OTHER FACTORS-VUNERABLE ADULT & DEPENDANT Term culpable mental state Definition IKRN is usually required for criminal liability : (1) intent, (2) knowledge, (3) recklessness, and (4) negligence. IKRN Term affirmative CRIMINAL defenses Definition I DENI : Insanity, Duress, Entrapment, Necessity, and Involuntary Intoxication.defendant has the burden by a preponderance of the evidence, to prove affirmative defenses, Term Felony murder Definition is an aggravating circumstance where the felony is a BARRK crime (first degree Burglary, Arson, Robbery, first or second degree Rape, or Kidnapping), or the murder was a drive-by shooting or took place in or near a car transporting the shooter. A killing following a pattern of domestic violence also is an aggravating circumstance. Term SELF DEFENSE PROSECUTOR HAS BURDEN OF PROOF Definition SDP - BEYOND A REASONABLE DOUBT Term ARREST AND SEARCH WARRENTS Definition “3 Ps”: Probable cause, Particularity, and Properly executed by law enforcement. Term Warrantless searches Definition IS A SPICE: Inventory of property at jail; Search incident to valid arrest; Automobiles and automobile exception; Stop and frisk protective search; Plain view, feel, or smell; Impound of automobile; Consent (voluntary); Exigent circumstances. Term Four Miranda Warnings Definition (1) You have the right to remain silent; (2) Anything you say can be used against you in a court of law; (3) You have the right to the presence of an attorney; and (4) If you cannot afford an attorney, one will be appointed for you prior to questioning if you so choose. Term Complaint Contents Definition J’FaRR: Jurisdiction and Venue; Factual Statement;Right to Relief;Relief Requested Term Class Action Definition CULP: Common Questions; Usual Claim; Large Membership; Protection Term forms of discovery Definition DIPPA: by depositions, interrogatories, production of documents, physical and mental exams, and admissions. Term UCC ATTACHMENT - Definition ARV: A SECURITY AGREEMENT; RIGHTS IN COLLATERAL; VALUE GIVEN Term DOMESTIC PARTNERS Definition SURE: Share a household, unmarried to another, register with Secretary of State, and eighteen years of age or over. Term C.P. ABSENSE OF JOINDER AVOIDED Definition RVED: RATIFICATION; VOIDABLE; ESTOPPEL; DUTIES OF THIRD PARTIES Term C.P. AGREEMENTS Definition DOG: DISCLOSURE; OPPORTUNITY FOR INDEPENDENT COUNSEL; GOOD FAITH (AT LEAST FAIR ON ITS FACE) Term SEP PROP FROM ANOTHER STATE Definition QUASI C.P. BROUGHT INTO WA; THEN S DIES: TREATED AS CP unless written agreement to contrary. Term CREATED IN COMMITTED INTIMATE RELATIONSHIP (MERITRICIOUS - CONNELL) Definition PSEUDO-C.P. Term DISSOLUTION - PROPERTY DIVISION Definition DEP PRINCIPALS: DURATION; ECONOMIC CIRCUMSTANCES; PROPERTY AMOUNT, equitable, nature of property Term CONSIDERATION FOR SPOUSAL MAINTENANCE: Definition 4 E'S: EMPLOYMENT, EXPERIENCE, EDUCATION, EARNING CAPACITY. (NEED V. ABILITY)- health; duration of marriage, amount of property Term DEFACTO PARENTS TEST Definition SCUBA: Same household, Consent and foster relationship, Unequivocal role/responsibility in child’s life, Bonded relationship over time, Assumed financial obligations Term 5 POINTS RE PRIV RELATIONSHIPS (EVIDENCE) Definition 1-Relationship; 2-Confidentiality Expectation; 3-Holder may Waive; 4-Strictly Construed; 5-Subjec to Exceptions. Term HEARSAY Definition an out-of-court statement, offered in court, to prove the truth of the matter asserted (i.e., the content or substance of the statement). In more everyday language, hearsay is an out-of-court statement of fact, offered in court to prove that same fact Term EVIDENCE PAST RECOLECTION Definition PIFAT: pERTINENT; INSUFFICIENT PRESENT RECOLLECTION; FRESH WHEN ADOPTED;ACCURATE;TESTIMONY Term EVIDENCE-BUSINESS RECORDS Definition ABC-APR-CQ: AUTHENTICATION; BUSINESS; COURSE OF BUSINESS;ACT OR EVENT; PROXIMITY; RELIABILITY; COMPUTER; QUOTATIONS Term EVIDENCE-declarant is unavailable Definition FBI: FORMER TESTIMONY; BELIEFE OF IMPENDING DEATH; STATEMENT AGAINST INTEREST Term PROPERTY, CONCURENT ESTATES Definition PITS UNITIES: POSSESSION RIGHTS; INTEREST; TIME CONCURRENT; SOURC OF TITLE SAME Term PROPERTY; CO OWNERSHIP Definition FAPS: FAIR DEALING; ACCOUNTABILITY; POSSESSION; SHARE CONTRIBUTION Term EASEMENT CREATION Definition PINE - CHO: PRESCRIPTION (CHO-CONTINUAL FOR STATUTOR PERIOD; HOSTILE TO OWNER'S INTEREST; OPEN?); IMPLICATION; NECESSITY; EXPRESS; Term EASEMENT TERMINATION Definition L-RAMP: LACK OF NECESSITY; RELEASE OR ESTOPPEL; ABANDONMENT; MERGER, PHISICAL BLOCKAGE; - BFP BOUND ONLY IF HAVE NOTICE Term LICENCE Definition NNSPP: NONEXCLUSIVE; NON-ASSIGNABLE; PERSONAL; PERMISSIVE right to use or come on property of another Term DEED REQUIRMENTS Definition WITP (SADD): WRITTEN (SADD) INTENT TO BIND; TOUCH AND CONCERN THE LAND; PRIVITY OF ESTATE; SADD: SOF; ACKNOLEDGMENT; DESCRITPTION (full legal); DELIVERY Term FORM 17 Definition REAL ESTATE DISCLOSURE STATEMENT REQUIRED IN WA Term Part perf. exception Definition pip: POSSESSION; IMPROVEMENTP PAYMENT Term STATUTORY WARRANT DEED Definition TAFED: TITLE OF SEISEN; AUTHORITY TO CONVEY; FREEE OF ENCUMBRANCES-marketable title; ENJOYMENT QUIET; DEFEND BUYER Term RACE NOTICE FILING Definition FIN: First BFP wins: FOR VALUE; IN GOOD FAITH; NO RECORED OR INQUIRY NOTICE (objective test) Term ADVERSE POSSESSION REQUIREMENTS Definition ECHO: EXCLUSIVE; CONTINUOUS, HOSTILE, OPEN AND NOTORIOUS Term RLTA Definition RESIDENTIAL LANDLORD TENANT ACT Term K FORMATION Definition OACLLS: OFFER; ACCEPTANCE; CONSIDERATION; LEGAL CAPACITY; LEGAL SUBJECT; SOF; Term SOF Definition MOULS: MARRIAGE; OVER ONE YEAR, UCC IF 500+; LAND SALE OR LEASE; SURETYSHIP Term K INTERPRETATION, PERFORMANCE, BREACH, REMEDITES Definition VIPR: VOID OR VOIDABLE (MUFFED) INTERPRETATION (II PACC); PERFORMANCE AND BREACH; REMEDIES (MRS DAISI) Term K-VOID OR VOIDABLE Definition MUFFED: mISTAKES, UNCONCIONABILITY, FRAUD; FIDUCIARY UNDUE INFLUENCE; ESTOPPEL; DURESS Term K INTERPRETATION Definition II PACC: INTENTIONS PARTIES CONTROL; INCOPORATION BY REFERNCE, PAROLE EVIDENCE RULE (PER); AMBIGUITY; CONTOLLING STATUTE; CONFLICT OF LAWS Term K REMEDIES Definition MRS DAISI: MONEY; RESCISSION/REFORMATION/REPLEVIN/RESTITUTION, SPECIFIC PERFORMANCE; DECLATORY JUDMENT; ACCOUNTY, INJUNCTION, SOL BAR, IN-QUASI K Term K-THIRD PARTY ISSUES Definition TAD: THIRD PARTY BEN;ASSIGNMENT OF RIGHTS; DELEGATION OF DUTIES Term EXCEPTION TO UCC $500+ Definition PAWS: PART PERFORMANCE; ADMISSION; WRITTEN M TO M CONFIRMATION; SPECIALLY MFG GOODS Term SPECIALLY MFG GOODS Definition NOT SUITABLE FOR SALE TO OTHERS Term PER EXCEPTIONS Definition DUCAS EXCEPTIONS (CPU): DEFECT IN FORMATION; UCC PERFORMANCE (CPU: COURSE OF PERMFOANCE; PAST COURSE OF DEALING; USAGE OF TRADE); CONDIITION PRECEDENT; AMBIGUITY CLARIFICATION; SUBSEQUENT MODIFICATIONS Term K FRAUD IN INDUCEMENT Definition FIRD: FALSE STATMENT OF MATERIAL FACT; INTENT TO DECEIVE; RELIANCE ON STATEMENT; DAMAGES Term PRIVAT SOF Definition UNENFORCEABLE IN WA Term K-EXCUSABLE NON PERFORMANCE Definition CIISSU: COOPERATION lack OR HINDERANCE; ILLEGALITY AFTER FORMATION; INCAPACITY OF PERSONAL SERVICE CONTRACTOR; SOURCE OF SUPPLY DESTROYED; SUBJECT MATTER DESTROYED; UCC FAILURE OF PRESUPPOSED CONDITION Term K NONPEROFRMANCE BUT AGREEMENT Definition ANCWR: ACCORD AND SATISFACTION; NOVATION; CANCELLATION; WAIVER; RELEASE OR PROMISE NOT TO SUE Term TORT - TRANSFERRED INTENT Definition BAFTT TORTS: BATTERY, ASSAULT, FALSE IMPRISONMENT; TRESPASS TO LAND AND TRESPASS TO CHATTELS Term INTENTIONAL TORTS Definition INTENT TO HARM NOT REQUIRED Term TORTS; NEGLIGENCE Definition ABCD NEGLIGENCE: A LEGAL DUTY; BREACH OF DUTY; CAUSES HARM; DAMAGES TO P Term TORTS-PRODUCT LIABILITY DEFENSES(WPLA): Definition CUSS CONTRIBUTARY FAULT; USEFUL SAFE LIFE; STATUTOROR OR REGULATORY COMPLIANCE; SOL Term TORTS-DEFFAMATION Definition FPID: FALSE STATEMENT UNPRIVLIDGED; PUBLICZED TO THIRD PERSON; INTENTION WRONGFUL (negligent); DAMAGE CREATED - D HAS BURDEN OF PROVING SUBSTANTIAL TRUTH Term PER SE EXCEPTIONS TO DEFFAMATION Damages requirement Definition TORTS - DEFFAMATION - PER SE EXCEPTIONS; NO PROOF OF DAMAGES REQUIRED LUNI: LOATHSOME DISEASE; UNCHASTITY OR SERIOUS SEXUAL MISCOUNDUCT; NOTORIOUS FELONY ALLEGAGION; INJURY MUST GO TO BUSINESS, TRADE OR PROFESSION. Term DEFENSES TO DEFFAMATION Definition TORTS-DEFFAMATION-DEFENSES TEMP: TRUTH; EXPRESS OR IMPLINED CONSENT; MERE SUBJECTIVE OPINION; PRIVILEGE (absolute or qualified) Term ELEMENTS UNDER CPA Definition TORTS-CPA-ELEMENTS TUPI: TRADE OR COMMERCE; UNFAIR OR DECEPTIVE ACT; PUBLIC IMPACT REQUIRED; INJURY TO P'S BUSINESS OR PROPERTY Term SOL IN CPA Definition CPA SOL 4 YEARS Term SEC TR- REQUIREMENTS Definition ARV: A SECURITY AGREEMENT (SA); RIGHTS IN COLLATERAL; VALUE GIVEN - INCLUDE IN EVERY ANSWER. Perfection by possession or filing first if BFP or new value Term SEC TR-PERFECTION OF SA Definition PCFMT: POSSESSION; CONTROL; FILING; MERE ATTACNHMENT; TITLE Term Sec TRAns - PRIORITIY EXCEPTIONS Definition SEC TR -RAP: RETAIL INVENTORY; ADDING VALUE; PREFERRED BANKRUPTCY PREFERENCES AVOIDED Term CRIM - FAILURE TO ACT LIABILTIY Definition SCFC: STATUTE; CONTRACT; FAMILY; CREATION OF RISK Term - CRIM L CRIMINAL NEGLIGENCE Definition IKRN: INTENT, KNOWLEDGE; RECKLESSNESS-CRIMINAL; NEGLIGENCE-CRIMINAL Term CONSPRIRACY ELEMENTS Definition CRIM L-CONSPIRACY ELEMENTS IASS: INTENT, AGREEEMENT, SUBSTANTIAL, STEPP Term - CRIM BURDEN PF ON D Definition CRIM L BURDEN (perponderence) ON D -- I DENI: INSANITY, DURESS, ENTRAPMENT, NECESSITY AND INVOLUNTRY INTOXICATION Term - FELONY MURDER CRIMES Definition CRIM LAW FELONY MURDER CRIMES - BARRK: BURGLARY, ARSON, ROBBERY, RAPE OR KIDNAPPING - some limited statutory defense if D really had no knowledge or expectation or reasonable anticipation that violence would occur. Term SALES-GAP FILLERS Definition CPU: COURSE OF PERFORMANC; PAST COURSE OF DEALINGS; USAGE OF TRADE Term GRAVAMEN TEST Definition SALES: IF PRIMARY PURPOSE WAS SALE OF GOODS, IT IS UCC; EVEN THOUGH THERE MAY HAVE BEEN SOME SERVICE (INSTALLATION) Term BERG RULE Definition SALES - EXTRINSIC EVIDENCE TO SHOW CONTEXT Term SALES, ADDITIONAL TERMS added if Definition IF MOP: MATERIAL; OFFEROR OBJECTS REASONABLY; OR ADDITIONS PRECLUDED Term NOM AGREEMENT Definition SALES UCC - PARTIES CAN AGREE TO A NOM AGREEMENT: NO ORAL MODIFICATION but emasculated by Berg. Term SALES, SOF EXECPTIONS Definition PAWS: PART PERFORMANCE; ADMISSION; WRITTEN CONFIRMATION BETWEEN M; SPECIALLY MANUFACTURED GOODS Term SALES, ALLOWS SELLER TO DISCLAIM warranty LIABILITY Definition 5 C'S TEST: CLEAR; CONSPICUOUS; CONCIONABLE; CONSISTANTL; CONSUMER PURCHASE Term SALES; SELLERS OPTIONS Definition RRIP: RECISSION; RESELL GOODS; INCIDENTAL DAMAGES; PROFIT LOSS REMEDY Term SOL - SALES Definition SALES SOL 4 YEARS Term PSEUDO-COMMUNITY PROPERTY Definition CP CREATED IN COMMITTED INTAMATE RELATIONSHP or Reg Dom Ptnership Term CP, DOMESTIC PARTNERSHIP AGREEMENT Definition SURE: SHARE HOUSHOLD; UNMARRIED TO ANOTHER, REGISTER WITH SS; EIGHTEEN + Term CP - ABSENSE OF JOINDER Definition RVED: RATIFICATION; VOIDABLE; ESTOPPEL (ONLY EXCLUDED SPOUSE CAN COMPLAIN); DUTIES OF THIRD PARTIES Term DR COMMUNITY PROPERTY AGREEMENTREQUIREMENTS Definition DOG (CPA): DISCLOSURE; OPPORTUNITY FOR INDEPENDENT COUNSEL; GOOD FAITH - FAIR ON FACE Term MAINTANENANCE CLAIM FOR COMM INT REL Definition NOT AVAILABLE IN WA Term DIVORCE - PARENTAL RIGHTS Definition SCUBA: SAME HOUSEHOLD; CONSENT AND FORSTER RELATIONSHIP, UNEQIVOCAL ROLE/RESPONSIBILIY IN CHILD'S LIFE, BONDED RELATIONSHIP, ASSUMED FINANCIAL OBLIGATIONS Term AGENCY - TERMINATION Definition ISIS: INCAPACITY OR DEATH; SOURCE OF AGENCY SUPPLY DESTROYED; ILLEGALITY OF AGREEMENT; SUBJECT MATTER DESTROYED Term AGENCY DUTIES Definition HOLT: HONEST DEALIN; OBEDIENCE; UNDIVIDED LOALTY AND TRUST Term corp SHAREHOLDER RT TO DISSOLVE IF Definition FOWD: FRAUD; OPRESSION; WASTE OF ASSETS; DEADLOCK Term AD LAW - JUDICIAL REVIEW AVAILABLE Definition SERF - CFUN: STANDING; EXHAUSTION OF REMEDIES (CFUN EXCEPTIONS: CONST. ISSUE; FUTILE OR INADEQUATE; UNREASONABLE DELAY; NOT REQUIRED) RIPENESS/MOOTNESS; FINALITY Term AD LAW CT DECLARES RULE INVALID IF Definition CUSA: CONST V; UNLAWFUL PROC; STAT AUTH EXCEEDED; ARBITRARY AND CAPRICIOUS Term AD LAW REVIEW OF AGENCY ORDERS Definition CUSEND: CONST V; UNLAWFUL PROC; STATUTORY AUTH EXCEEDED; ERRONEOUS LEGAL INTERPRETATION OR APPLICATION; NOT SUPPORTED BY SUBSTANTAL EVIDENCE; DISQUALIFICATION IMPROPERLY DENIED Term CON LAW - LIMITATION OF FED POWER Definition CAMP FTC: COMMERCE; ADMIRALTY; MILITARY; POSTAL SERVICE; FOREIGN AFFAIRS; TAXATION; CITIZENSHIP AND IMMIGRATION Term Standard of Review Definition CON LAW: “Rationally Related to a Legitimate Governmental Interest” Term CON LAW; FUNDAMENTAL first amend RIGHT TEST Definition 1 - VIP CAMPERM: FIRST AMENDMENT RIGHTS; VOTING; INTERSTATE TRAVEL; PRIVACY RIGHTS: (CAMPERM: CONTRACEPTION; ABORTION; MARRIAGE; PROCREATION;EDUCATION;RELATIONS; MEDICAL TREATEMENT REFUSE RIGHT (WA HAS EXPANDED EDUCATION RIGHTS) Term CON LAW SUSPECT CLASS Definition RANG: RACE; ALIENAGE; NATIONAL ORIGIN; GENDER/SEX (WA) Term COM PPR-REQUIRED Definition NUTSS: NEGOTIALBLE WORDS; UNCONDITIONAL PROMISE TO PAY;TIME CERTAIN ON DEMAND; SUM CERTAIN IN MONEY;SIGNED BY MAKER Term COM PPR; HDC Definition FINNS (HDC): FOR VALUE; IN GOOOD FAITH; NO NOTICE; NEGOTIATION - proper Term COM PPR - PERSONAL DEFENSES Definition MUUFFO: MUTUAL MISTAKE; UNAUGHORIZED COMPLETION; UNCOMPLETION OF A CONDITION PRECEDENT; FRAUD IN THE INDUCEMENT (FIRD); FAILURE OF CONSIDERATION; OTHER CLAIMS FTC RULES Term COM PPR, REAL DEFENSES Definition FIDDLS FUM: FRAUD IN EXECUTION; ILLEGALITY; DISCHARGE IN BKY; LACK OF CAPACITY; SOL (6 YRS FROM DEMAND OR DUE DATE); FORGERY; UNAUTHORIZED SIGNATURE (LACKED ACTUAL OR APPARENT AUTHORITY); MATERIAL ALTERATION (FUM SUBJECT TO CONTRIB DEFENSE) Term AD LAW - BALANCING TEST Definition MATHEWS TEST IMPORTANCE OF INTEREST AND RISK THAT INDIVIDUAL INTERESTS WILL BE DEPRIVED V. COST TO GOVERMENT TO PROVIDE ADDITIONAL SAFEGUARDS Term SEC TRANS - perfection Definition PCFMT; PERFECTION CALLS FOR MANY THINGS: POSSESSION, CONTROL, FILING FS; MERE ATTACHMENT; TITLE CERTIFICATE Term II RAT REDS CRC Definition INTRODUCTION, ISSUES, RULES; ANYALYSIS, TIME ALL, REMEDIES, EXPAND, DEFENSES, SOL, CALL, READ AGAIN, CHARACTERS ALL