Davis Legal

Corporations Business Associations 10(b)5
Rule 10B(5)

Frank secretly purchased interesting romanian decorations

Fraud
Scienter
Purchse of securities
Interstae commerce
Reliance
Damages

Evidence Discovery
Discovery Devices (PRIDE)

P - Production of Docs
R – Request for Admission
I – Interrogatories and Informal Discovery
D – Deposition
E – Exam, Physical & Mental

 

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Hearsay Exceptions – ADDEM P. BOPP

 

Admission
Declaration
Dying Dec
Excited Utterance
Mental State
——————–
Business Records
Official Records
Past Rec Recorded
Prior Recorded Testimony

 

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PROPHES
Probative value
Reliable witness/docs
Admissible Opinion
Privileges
Hearsay
Exceptions
Substitutes based on presumptions and judicial notice?

 

 

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MOCK
Memory
Objectivity
Capacity (observe,understand & relate events)
Knowledge

 

 

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SFPD Officers(Hearsay exceptions/declarant must be UNAVAILABLE)
Statements against interest
Former testimony
statements of Pedigree or family history
Dying declarations
Other evidence of similar reliability

 

 

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I Pee ACID (Non Hearsay Fed)
Inconsistent Prior statements by testifying witness subj to cross exam.
Admissions of party opponent
Consistent stmts rebut innuendo testifying witness fabricated testimony.
Identification of person by testifying witness after perceiving him/her.

 

 

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I’M a KOPIn (coping) Evidence of other crimes/acts can be admitted to show:
Intent
Motive
Knowledge
Offense (elements)
Plan
Identity

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DAD SEE ME BOPP PICI

Declaration against interest
Admissions
Dying declaration
————————-
present Sense impression
Excited utterance
Exprert cross-examination
——————————-
Mental state
Equivalency
———————-
Business record
Official written statement
Past recollection recorded
Prior testimony
—————–
Physical state
Identification
Consistent statement
Inconsistent statement

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WILLS
To be valid, a will must be SWEPT

S = signed by an adult testator (or w/someone?s help)
W = in writing
E = signature must be at the end
P = published that it?s a will
T = two witnesses who do not have to be adults must sign w/in 30 days of each other.

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WIDOWS COPE
The will must be Written with Intent to give away at Death, Officially Witnessed and Signed. “Officially” refers to the COnscious PresencE doctrine.

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Striptease Demi (Moore) Generated a Real Interest
Gifts by order of priority (reverse abatement) are:
Specific
Demonstrative
General
Residual
Intestate

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Remember, if you don’t have enough $$, you live in your parents BASEMENT.

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Someone gave me the EXXON station free of debt.  EXONERATION means the given free from all mortgage debts.

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Daddys Doctor Recently Retired:
Doctoring of Dependent Relative Revocation

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Someone took my DIM SUM GIFT from the STATE:
ADEMPTION means a specific gift lapses if missing from the estate.