Pieper Mnemonics

JURISDICTION....................................
1
STATUTE OF LIMITATIONS...............3
MOTION PRACTICE.............................5
PROVISIONAL REMEDIES................5
PLEADINGS.....................................6
VENUE............................................6
DISCOVERY.....................................6
ARBITRATION..................................8
CONTRACTS.......................................8
SALES..............................................11
SECURED TRANSACTIONS...............13
NEGOTIABLE INSTRUMENTS............13
CORPORATIONS...............................14
REAL PROPERTY...............................17
FUTURE INTERESTS.........................20
TRUSTS............................................20
TORTS..............................................22
NO-FAULT INSURANCE.....................25
EVIDENCE........................................26
CRIMINAL LAW.................................30
CRIMINAL PROCEDURE (4th amend).32
CRIMINAL PROCEDURE (5th-6th amend)
........................................................32
FEDERAL JURISDICTION...................33
CONSTITUTIONAL LAW....................33
GIFTS...............................................36
WILLS..............................................36
FAMILY LAW.....................................38
CONFLICT OF LAWS.........................41
AGENCY & PARTNERSHIP.................42
AGENCY & PARTNERSHIP.................42
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
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
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
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
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.
G General Agent
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
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
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
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)
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
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
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
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
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
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
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
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
10
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.
S SOF
I Illegality
P Parol Evidence Rule (PER)
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
&
F
U
U
M
E
D
Fraud
Unconscionability
Undue Influence
Mistake
Equitable Defenses
Duress
I Impossibility of Performance
11
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
12
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
13
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
W Breach of Warranty
A Acceptance Revoked
14
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.
15
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
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
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
16
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
Shareholders direct mgmt (where

theres no Board of Directors for
corp)
W Corp Dissolution @ Will or upon
specific event
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)
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
17
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)
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.
P Abolish PRs, redemptive rights or
other stock rights
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
18
P Acted in furtherance of Corps

Purpose
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
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
19
L Looting
O Oppressive Actions
W Waste
20
REAL PROPERTY
Freehold estates are LEFTS
LE Life Estates
FT Fee Tails
S Fee Simple (SAD)
A Acceptance by donee
I Intent to make immediate gift
D Proper Delivery of Signed &
Acknowledged Deed
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
21
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
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
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
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.
22
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
P Purpose for using water & resulting

harm from that use
U Extent of Use (how much)
D Duration of use by prop. 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
S Size of Waterway
23
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
24
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)
25
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
26
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.
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
A
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
27
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
28
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
29
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
30
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
31
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)
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
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)
32
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
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
To rebut inference & burst bubble, party
can show missing witness was UCC.
33
The source for federal privileges are in

3Cs
1) C Constitution
2) C Acts of Congress
3) C Fed. Common law
essential element in crime, civil claim, or

defense
R Reputation
I Specific Instances of Prior Conduct
P Ws Personal Opinion
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
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
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
RIP character evidence is admissible
when character or trait of characters
SIR admit you EAT2 DAMP and H is

admissible:
S Declarants existing State of Mind
I Present Sense Impression
R Business Records
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 TDAMP 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
I Intent
B Bias
34
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
35
D Dying Declaration
36
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
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
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)
37
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
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
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
38
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
39
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.
40
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)
P
O
P
S
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.
Patently,
Offensive,
Portrayal of
Sex.
suspect class RAN for equal protection

R Race
A Alienage
N National Origin
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.
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
Fundamental rights drink from the Equal

Protection VAT
V Voting Rights
A Access to Cts
T The right to Travel throughout the
US.
M Mentally Disabled
A Age Discrimination
P Poverty
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
P&I claims arent available to UA CRAP

U US govt
A Associations (Partnerships, LLCs)
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
41
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
F Fiscal Power
I Inferior Fed. Cts. and their
procedures.
T The Treaty Power
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.
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
42
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
43
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
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
P Assets in Trust over which a

decedent during her lifetime had a
general Power of Appointment to
appoint the trust property to ANYONE.
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
consideration was furnished by
decedent.
44
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)
45
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)
2
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.
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
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
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
46
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
N No Fault Conversion Divorce
47
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
48
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
49
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.
C To Confess a judgment against the

PS
A To bind PS to Arbitration
G To sell Good Will of PS
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
50
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
51

Pieper Mnemonics

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Pieper Mnemonics

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JURISDICTION....................................

Pieper Bar Review Mnemonics

A Abandonment took place in NY

obtain IPJ over DIAL DC

To get LA jurisdiction over a ND who

Even if no minimum contacts or not

AL-RAN can serve a summons outside

M Mailing Process to who must

You may serve a corporate A MAC DOG

Only a MAN can make a proper

Pieper Bar Review Mnemonics

F False Imprisonment or False Arrest

LEAP DADS CAT if SOL expired

A SCARF CRIME lasts 6 years

C Corp. Derivative Actions

There was a SOFT RAIN for 3 years

Liability is vicarious to a POPE

P s neglect to Prosecute 1st action

C Showing by C&C evidence,

LPs the only PR where s not a SLOB

B No Bond needs to be posted

Prelim injunction wont be granted unless

Pieper Bar Review Mnemonics

C Crime Victims are entitled to order

D Wrongful Death judgments (NY actions to recover only econ injuries)

S Special Proceedings - Art. 78

DRIPS are a discovery punishment

Pieper Bar Review Mnemonics

Pieper Bar Review Mnemonics

L Leases Longer than 1 year

Use a COMB for promissory estoppel in

Pieper Bar Review Mnemonics

SIR-P cant assign WASP

HAIL, a substantial breach of k

Pieper Bar Review Mnemonics

The other SI2R M is a fraud

Pieper Bar Review Mnemonics

No damages recovery when wearing

NC Enter New Contract w/ the obligor

Pieper Bar Review Mnemonics

F Party cant invoke PER to shield

Sales Contracts imply CIDER

Pieper Bar Review Mnemonics

R Reject non-conforming goods

M-FEET Warranties are in a sales k

Pieper Bar Review Mnemonics

Real DAFFIDILS stop an H.D.C. cold

An H.D.C. cant know the instrument is

Shareholders direct mgmt (where

Place PVT. McLAW in the Certificate of

M Maxi-Majority (MM) Voting or

Pieper Bar Review Mnemonics

Shareholders must approve DAMMS

L* CoI change of Location of corp

If a dissenting sh goes to CAMP she gets

A ct. will attempt to AIM for fair value in

P Acted in furtherance of Corps

Board of Directors committees cant

D Declaring an Improper Dividend

20% of corp shares can ID-FLOW to a

Pieper Bar Review Mnemonics

3 types of fee simple estates are SAD

Jt. Tenancies are created in the PITT