Term
| TO SIGN A WILL OR TESTAMENTARY TRUST: |
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Definition
| TIMAS (POT) TESTAMENTARY AGE; INTENT; MENTAL CAPACITY (P0T - PROPERTY; OBJECTS OF BOUNTY; TESTMENTARY INTENT); ATTESTED TO; SIGNED |
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Term
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Definition
| SPIRIT ELEMENTS:SETTLOR/DONOR/GRANTOR (CP?); PROPERTY/RES; INTENT; RAP (150 yr in WA); INTENDED ASCERTAINABLE BENEFICIARIES; TRUSTEE |
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Term
| TRUSTEES RESPONSIBILITIES: |
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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 |
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Term
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Definition
| FALO: FIDUCIARY; ACTIVE PARTICIPATION; LARGE DEVISE; OTHER FACTORS-VUNERABLE ADULT & DEPENDANT |
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Term
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Definition
| IKRN is usually required for criminal liability : (1) intent, (2) knowledge, (3) recklessness, and (4) negligence. IKRN |
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Term
| affirmative CRIMINAL defenses |
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Definition
| I DENI : Insanity, Duress, Entrapment, Necessity, and Involuntary Intoxication.defendant has the burden by a preponderance of the evidence, to prove affirmative defenses, |
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Term
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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. |
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Term
| SELF DEFENSE PROSECUTOR HAS BURDEN OF PROOF |
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Definition
| SDP - BEYOND A REASONABLE DOUBT |
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Term
| ARREST AND SEARCH WARRENTS |
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Definition
| “3 Ps”: Probable cause, Particularity, and Properly executed by law enforcement. |
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Term
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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. |
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Term
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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. |
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Term
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Definition
| J’FaRR: Jurisdiction and Venue; Factual Statement;Right to Relief;Relief Requested |
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Term
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Definition
| CULP: Common Questions; Usual Claim; Large Membership; Protection |
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Term
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Definition
| DIPPA: by depositions, interrogatories, production of documents, physical and mental exams, and admissions. |
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Term
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Definition
| ARV: A SECURITY AGREEMENT; RIGHTS IN COLLATERAL; VALUE GIVEN |
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Term
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Definition
| SURE: Share a household, unmarried to another, register with Secretary of State, and eighteen years of age or over. |
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Term
| C.P. ABSENSE OF JOINDER AVOIDED |
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Definition
| RVED: RATIFICATION; VOIDABLE; ESTOPPEL; DUTIES OF THIRD PARTIES |
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Term
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Definition
| DOG: DISCLOSURE; OPPORTUNITY FOR INDEPENDENT COUNSEL; GOOD FAITH (AT LEAST FAIR ON ITS FACE) |
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Term
| SEP PROP FROM ANOTHER STATE |
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Definition
| QUASI C.P. BROUGHT INTO WA; THEN S DIES: TREATED AS CP unless written agreement to contrary. |
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Term
| CREATED IN COMMITTED INTIMATE RELATIONSHIP (MERITRICIOUS - CONNELL) |
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Definition
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Term
| DISSOLUTION - PROPERTY DIVISION |
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Definition
| DEP PRINCIPALS: DURATION; ECONOMIC CIRCUMSTANCES; PROPERTY AMOUNT, equitable, nature of property |
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Term
| CONSIDERATION FOR SPOUSAL MAINTENANCE: |
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Definition
| 4 E'S: EMPLOYMENT, EXPERIENCE, EDUCATION, EARNING CAPACITY. (NEED V. ABILITY)- health; duration of marriage, amount of property |
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Term
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Definition
| SCUBA: Same household, Consent and foster relationship, Unequivocal role/responsibility in child’s life, Bonded relationship over time, Assumed financial obligations |
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Term
| 5 POINTS RE PRIV RELATIONSHIPS (EVIDENCE) |
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Definition
| 1-Relationship; 2-Confidentiality Expectation; 3-Holder may Waive; 4-Strictly Construed; 5-Subjec to Exceptions. |
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Term
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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 |
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Term
| EVIDENCE PAST RECOLECTION |
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Definition
| PIFAT: pERTINENT; INSUFFICIENT PRESENT RECOLLECTION; FRESH WHEN ADOPTED;ACCURATE;TESTIMONY |
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Term
| EVIDENCE-BUSINESS RECORDS |
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Definition
| ABC-APR-CQ: AUTHENTICATION; BUSINESS; COURSE OF BUSINESS;ACT OR EVENT; PROXIMITY; RELIABILITY; COMPUTER; QUOTATIONS |
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Term
| EVIDENCE-declarant is unavailable |
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Definition
| FBI: FORMER TESTIMONY; BELIEFE OF IMPENDING DEATH; STATEMENT AGAINST INTEREST |
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Term
| PROPERTY, CONCURENT ESTATES |
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Definition
| PITS UNITIES: POSSESSION RIGHTS; INTEREST; TIME CONCURRENT; SOURC OF TITLE SAME |
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Term
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Definition
| FAPS: FAIR DEALING; ACCOUNTABILITY; POSSESSION; SHARE CONTRIBUTION |
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Term
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Definition
| PINE - CHO: PRESCRIPTION (CHO-CONTINUAL FOR STATUTOR PERIOD; HOSTILE TO OWNER'S INTEREST; OPEN?); IMPLICATION; NECESSITY; EXPRESS; |
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Term
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Definition
| L-RAMP: LACK OF NECESSITY; RELEASE OR ESTOPPEL; ABANDONMENT; MERGER, PHISICAL BLOCKAGE; - BFP BOUND ONLY IF HAVE NOTICE |
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Term
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Definition
| NNSPP: NONEXCLUSIVE; NON-ASSIGNABLE; PERSONAL; PERMISSIVE right to use or come on property of another |
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Term
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Definition
| WITP (SADD): WRITTEN (SADD) INTENT TO BIND; TOUCH AND CONCERN THE LAND; PRIVITY OF ESTATE; SADD: SOF; ACKNOLEDGMENT; DESCRITPTION (full legal); DELIVERY |
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Term
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Definition
| REAL ESTATE DISCLOSURE STATEMENT REQUIRED IN WA |
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Term
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Definition
| pip: POSSESSION; IMPROVEMENTP PAYMENT |
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Term
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Definition
| TAFED: TITLE OF SEISEN; AUTHORITY TO CONVEY; FREEE OF ENCUMBRANCES-marketable title; ENJOYMENT QUIET; DEFEND BUYER |
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Term
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Definition
| FIN: First BFP wins: FOR VALUE; IN GOOD FAITH; NO RECORED OR INQUIRY NOTICE (objective test) |
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Term
| ADVERSE POSSESSION REQUIREMENTS |
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Definition
| ECHO: EXCLUSIVE; CONTINUOUS, HOSTILE, OPEN AND NOTORIOUS |
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Term
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Definition
| RESIDENTIAL LANDLORD TENANT ACT |
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Term
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Definition
| OACLLS: OFFER; ACCEPTANCE; CONSIDERATION; LEGAL CAPACITY; LEGAL SUBJECT; SOF; |
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Term
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Definition
| MOULS: MARRIAGE; OVER ONE YEAR, UCC IF 500+; LAND SALE OR LEASE; SURETYSHIP |
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Term
| K INTERPRETATION, PERFORMANCE, BREACH, REMEDITES |
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Definition
| VIPR: VOID OR VOIDABLE (MUFFED) INTERPRETATION (II PACC); PERFORMANCE AND BREACH; REMEDIES (MRS DAISI) |
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Term
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Definition
| MUFFED: mISTAKES, UNCONCIONABILITY, FRAUD; FIDUCIARY UNDUE INFLUENCE; ESTOPPEL; DURESS |
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Term
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Definition
| II PACC: INTENTIONS PARTIES CONTROL; INCOPORATION BY REFERNCE, PAROLE EVIDENCE RULE (PER); AMBIGUITY; CONTOLLING STATUTE; CONFLICT OF LAWS |
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Term
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Definition
| MRS DAISI: MONEY; RESCISSION/REFORMATION/REPLEVIN/RESTITUTION, SPECIFIC PERFORMANCE; DECLATORY JUDMENT; ACCOUNTY, INJUNCTION, SOL BAR, IN-QUASI K |
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Term
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Definition
| TAD: THIRD PARTY BEN;ASSIGNMENT OF RIGHTS; DELEGATION OF DUTIES |
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Term
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Definition
| PAWS: PART PERFORMANCE; ADMISSION; WRITTEN M TO M CONFIRMATION; SPECIALLY MFG GOODS |
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Term
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Definition
| NOT SUITABLE FOR SALE TO OTHERS |
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Term
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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 |
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Term
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Definition
| FIRD: FALSE STATMENT OF MATERIAL FACT; INTENT TO DECEIVE; RELIANCE ON STATEMENT; DAMAGES |
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Term
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Definition
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Term
| K-EXCUSABLE NON PERFORMANCE |
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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 |
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Term
| K NONPEROFRMANCE BUT AGREEMENT |
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Definition
| ANCWR: ACCORD AND SATISFACTION; NOVATION; CANCELLATION; WAIVER; RELEASE OR PROMISE NOT TO SUE |
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Term
| TORT - TRANSFERRED INTENT |
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Definition
| BAFTT TORTS: BATTERY, ASSAULT, FALSE IMPRISONMENT; TRESPASS TO LAND AND TRESPASS TO CHATTELS |
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Term
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Definition
| INTENT TO HARM NOT REQUIRED |
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Term
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Definition
| ABCD NEGLIGENCE: A LEGAL DUTY; BREACH OF DUTY; CAUSES HARM; DAMAGES TO P |
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Term
| TORTS-PRODUCT LIABILITY DEFENSES(WPLA): |
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Definition
| CUSS CONTRIBUTARY FAULT; USEFUL SAFE LIFE; STATUTOROR OR REGULATORY COMPLIANCE; SOL |
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Term
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Definition
| FPID: FALSE STATEMENT UNPRIVLIDGED; PUBLICZED TO THIRD PERSON; INTENTION WRONGFUL (negligent); DAMAGE CREATED - D HAS BURDEN OF PROVING SUBSTANTIAL TRUTH |
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Term
| PER SE EXCEPTIONS TO DEFFAMATION Damages requirement |
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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. |
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Term
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Definition
| TORTS-DEFFAMATION-DEFENSES TEMP: TRUTH; EXPRESS OR IMPLINED CONSENT; MERE SUBJECTIVE OPINION; PRIVILEGE (absolute or qualified) |
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Term
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Definition
| TORTS-CPA-ELEMENTS TUPI: TRADE OR COMMERCE; UNFAIR OR DECEPTIVE ACT; PUBLIC IMPACT REQUIRED; INJURY TO P'S BUSINESS OR PROPERTY |
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Term
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Definition
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Term
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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 |
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Term
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Definition
| PCFMT: POSSESSION; CONTROL; FILING; MERE ATTACNHMENT; TITLE |
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Term
| Sec TRAns - PRIORITIY EXCEPTIONS |
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Definition
| SEC TR -RAP: RETAIL INVENTORY; ADDING VALUE; PREFERRED BANKRUPTCY PREFERENCES AVOIDED |
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Term
| CRIM - FAILURE TO ACT LIABILTIY |
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Definition
| SCFC: STATUTE; CONTRACT; FAMILY; CREATION OF RISK |
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Term
| - CRIM L CRIMINAL NEGLIGENCE |
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Definition
| IKRN: INTENT, KNOWLEDGE; RECKLESSNESS-CRIMINAL; NEGLIGENCE-CRIMINAL |
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Term
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Definition
| CRIM L-CONSPIRACY ELEMENTS IASS: INTENT, AGREEEMENT, SUBSTANTIAL, STEPP |
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Term
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Definition
| CRIM L BURDEN (perponderence) ON D -- I DENI: INSANITY, DURESS, ENTRAPMENT, NECESSITY AND INVOLUNTRY INTOXICATION |
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Term
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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. |
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Term
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Definition
| CPU: COURSE OF PERFORMANC; PAST COURSE OF DEALINGS; USAGE OF TRADE |
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Term
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Definition
| SALES: IF PRIMARY PURPOSE WAS SALE OF GOODS, IT IS UCC; EVEN THOUGH THERE MAY HAVE BEEN SOME SERVICE (INSTALLATION) |
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Term
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Definition
| SALES - EXTRINSIC EVIDENCE TO SHOW CONTEXT |
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Term
| SALES, ADDITIONAL TERMS added if |
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Definition
| IF MOP: MATERIAL; OFFEROR OBJECTS REASONABLY; OR ADDITIONS PRECLUDED |
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Term
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Definition
| SALES UCC - PARTIES CAN AGREE TO A NOM AGREEMENT: NO ORAL MODIFICATION but emasculated by Berg. |
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Term
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Definition
| PAWS: PART PERFORMANCE; ADMISSION; WRITTEN CONFIRMATION BETWEEN M; SPECIALLY MANUFACTURED GOODS |
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Term
| SALES, ALLOWS SELLER TO DISCLAIM warranty LIABILITY |
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Definition
| 5 C'S TEST: CLEAR; CONSPICUOUS; CONCIONABLE; CONSISTANTL; CONSUMER PURCHASE |
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Term
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Definition
| RRIP: RECISSION; RESELL GOODS; INCIDENTAL DAMAGES; PROFIT LOSS REMEDY |
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Term
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Definition
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Term
| PSEUDO-COMMUNITY PROPERTY |
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Definition
| CP CREATED IN COMMITTED INTAMATE RELATIONSHP or Reg Dom Ptnership |
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Term
| CP, DOMESTIC PARTNERSHIP AGREEMENT |
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Definition
| SURE: SHARE HOUSHOLD; UNMARRIED TO ANOTHER, REGISTER WITH SS; EIGHTEEN + |
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Term
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Definition
| RVED: RATIFICATION; VOIDABLE; ESTOPPEL (ONLY EXCLUDED SPOUSE CAN COMPLAIN); DUTIES OF THIRD PARTIES |
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Term
| DR COMMUNITY PROPERTY AGREEMENTREQUIREMENTS |
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Definition
| DOG (CPA): DISCLOSURE; OPPORTUNITY FOR INDEPENDENT COUNSEL; GOOD FAITH - FAIR ON FACE |
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Term
| MAINTANENANCE CLAIM FOR COMM INT REL |
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Definition
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Term
| DIVORCE - PARENTAL RIGHTS |
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Definition
| SCUBA: SAME HOUSEHOLD; CONSENT AND FORSTER RELATIONSHIP, UNEQIVOCAL ROLE/RESPONSIBILIY IN CHILD'S LIFE, BONDED RELATIONSHIP, ASSUMED FINANCIAL OBLIGATIONS |
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Term
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Definition
| ISIS: INCAPACITY OR DEATH; SOURCE OF AGENCY SUPPLY DESTROYED; ILLEGALITY OF AGREEMENT; SUBJECT MATTER DESTROYED |
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Term
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Definition
| HOLT: HONEST DEALIN; OBEDIENCE; UNDIVIDED LOALTY AND TRUST |
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Term
| corp SHAREHOLDER RT TO DISSOLVE IF |
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Definition
| FOWD: FRAUD; OPRESSION; WASTE OF ASSETS; DEADLOCK |
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Term
| AD LAW - JUDICIAL REVIEW AVAILABLE |
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Definition
| SERF - CFUN: STANDING; EXHAUSTION OF REMEDIES (CFUN EXCEPTIONS: CONST. ISSUE; FUTILE OR INADEQUATE; UNREASONABLE DELAY; NOT REQUIRED) RIPENESS/MOOTNESS; FINALITY |
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Term
| AD LAW CT DECLARES RULE INVALID IF |
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Definition
| CUSA: CONST V; UNLAWFUL PROC; STAT AUTH EXCEEDED; ARBITRARY AND CAPRICIOUS |
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Term
| AD LAW REVIEW OF AGENCY ORDERS |
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Definition
| CUSEND: CONST V; UNLAWFUL PROC; STATUTORY AUTH EXCEEDED; ERRONEOUS LEGAL INTERPRETATION OR APPLICATION; NOT SUPPORTED BY SUBSTANTAL EVIDENCE; DISQUALIFICATION IMPROPERLY DENIED |
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Term
| CON LAW - LIMITATION OF FED POWER |
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Definition
| CAMP FTC: COMMERCE; ADMIRALTY; MILITARY; POSTAL SERVICE; FOREIGN AFFAIRS; TAXATION; CITIZENSHIP AND IMMIGRATION |
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Term
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Definition
| CON LAW: “Rationally Related to a Legitimate Governmental Interest” |
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Term
| CON LAW; FUNDAMENTAL first amend RIGHT TEST |
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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) |
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Term
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Definition
| RANG: RACE; ALIENAGE; NATIONAL ORIGIN; GENDER/SEX (WA) |
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Term
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Definition
| NUTSS: NEGOTIALBLE WORDS; UNCONDITIONAL PROMISE TO PAY;TIME CERTAIN ON DEMAND; SUM CERTAIN IN MONEY;SIGNED BY MAKER |
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Term
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Definition
| FINNS (HDC): FOR VALUE; IN GOOOD FAITH; NO NOTICE; NEGOTIATION - proper |
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Term
| COM PPR - PERSONAL DEFENSES |
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Definition
| MUUFFO: MUTUAL MISTAKE; UNAUGHORIZED COMPLETION; UNCOMPLETION OF A CONDITION PRECEDENT; FRAUD IN THE INDUCEMENT (FIRD); FAILURE OF CONSIDERATION; OTHER CLAIMS FTC RULES |
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Term
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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) |
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Term
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Definition
| MATHEWS TEST IMPORTANCE OF INTEREST AND RISK THAT INDIVIDUAL INTERESTS WILL BE DEPRIVED V. COST TO GOVERMENT TO PROVIDE ADDITIONAL SAFEGUARDS |
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Term
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Definition
| PCFMT; PERFECTION CALLS FOR MANY THINGS: POSSESSION, CONTROL, FILING FS; MERE ATTACHMENT; TITLE CERTIFICATE |
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Term
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Definition
| INTRODUCTION, ISSUES, RULES; ANYALYSIS, TIME ALL, REMEDIES, EXPAND, DEFENSES, SOL, CALL, READ AGAIN, CHARACTERS ALL |
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