hemlock 0.0.9 → 0.1.0

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data/flashcards/Agency-Table 1.csv

@@ -1,22 +1,9 @@
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+Agent’s Duties,"An agent owes a duty of care, a duty of obedience, and a duty of loyalty to his principal, and the principal may sue the agent for breach of any of these duties."
+Creation of an agency,"An agency requires 1) assent, or an agreement about who has capacity 2) benefit, or the agent’s conduct must be to the benefit of the principal and 3) control, or the principal can control the agent’s actions."
+Agency Authority,"Agency authority may be express, implied, apparent, or ratified after the fact."
+Agent’s duty of care,An agent must exercise reasonable care.
+Agent’s duty to obey reasonable instructions,An agent must obey the instructions of the principal
+Agent’s duty of loyalty.,An agent cannot receive a benefit to the detriment of the principal.
+Apparent Authority,An agent has the apparent authority and can bind the principal if 1) the principal cloaked the agent with appearance of authority and 2) a third party reasonably relies on appearance of authority.
+Principal’s Duties,A principal has a duty to compensate the agent and reimburse the agent for expenses that benefited the principal.

data/flashcards/Civil Procedure-Table 1.csv

@@ -7,16 +7,5 @@ Insufficient Service of Process,A defendant must raise the issue of insufficient
 Failure to State a Claim for Relief,"A defendant may file a motion to dismiss for failure to state a claim upon which relief may be granted at any time during the proceedings. The court will accept the defendant’s motion upon finding that even if all the facts alleged by the plaintiff were true, the plaintiff has failed to state a claim and is not entitled to relief. "
 Motion to Certify a Class,"A plaintiff may request the court to certify a class and allow the plaintiff to sue on behalf of the class upon the court’s consideration of 1) the numerous amount of plaintiffs, 2) the commonality of the claim, 3) the typicality of the case, and 4) whether failure to certify would result in multiple litigations against the same defendant."
 Notice of Appeal,A notice of appeal from a Nevada federal district court may be taken within 30 days of final judgment to the Ninth Circuit Court of Appeals.
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+Well-Pleaded Complaint,A plaintiff’s complaint must clearly state that the suit is based on a federal statute or federal question.
+Preliminary Junction,"A plaintiff must show 1) that he will suffer irreparable harm if the action which he seeks to prevent is allowed to happen and an injunction or declaratory relief is not granted; and 2) that the plaintiff has a likelihood of success on the merits when the court entertains the entire suit following the entirety of an injunction. Furthermore, a court may require the plaintiff to post a bond to cover any damages caused by the preliminary injunction if issued and plaintiff does not prevail on the merits."

data/flashcards/Commercial Paper-Table 1.csv

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 The 8 steps to tackle a commercial paper question ,"1) type of paper, 2) parties, 3) negotiable 4) negotiated 5) HDC 6) Plaintiff’s cause of action 7) Defendant’s defenses 8) Contribution"
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+Applicable Law (Commercial Paper),"Article 3 of the Uniform Commercial Code applies to negotiable instruments. An instrument is negotiable if it is an order or promise to pay a fixed amount of money, payable on demand or at a definite time, with no other unauthorized undertaking, containing words of negotiability."
+Necessary Indorsements,"In order to be properly payable, the holder of a check must have both possession of the instrument and all the necessary indorsements. When a check is paid out to two people, with their names connected by ‘and’ rather than ‘or’, moth of their signatures are necessary to cash the check."
+Transfer Warranties,"Whenever anyone transfers a negotiable instrument to another (the act of negotiation), he makes the following transfer warranties: 1) that the transferor is entitled to enforce the instrument, 2) that all signatures are authentic and authorized, 3) that there has been no alteration, 4) that there are no good defenses against the transferor, 5) that the transferor has no knowledge of insolvency proceedings, and 6) that if the item was created remotely, it was actually authorized by the drawer."
+Presentment Warranties,"Whenever someone presents the instrument to the drawee to be paid, he makes the following presentment warranties: 1) that the presenter is entitled to enforce the instrument, 2) that there has been no alteration, 3) that he has no knowledge of an unauthorized drawer’s signature, and 4) that if the item was created remotely, it was actually authorized by the drawer"
+Holder in Due Course," A holder in due course (“HDC”) has superior rights to just an ordinary holder of a negotiable instrument. An ordinary holder of a draft must have 1) possession and 2) all the necessary indorsements. A HDC must be a holder of a negotiable instrument in good faith for value, with the authenticity not apparently question and without notice that 1) the instrument (principal) is overdue, 2) the instrument has been dishonored, 3) there is a uncured defect with respect to another instrument issued as part of the same series, 4) there has been an alteration, 5) there are unauthorized signatures, 6) there is any claim, or 7) there is any defense. A HDC takes subject only to real defenses"
+Real defenses to Commercial Paper,"incapacity, infancy, illegality, duress making the obligation void, fraud in the factum, discharge in insolvency, omission of required consumer protection language, statute of frauds, payment to a former holder, alteration, and unauthorized signatures"

data/flashcards/Community Property-Table 1.csv

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 Overview (Community Property),"Nevada is a community property state. If a valid marriage exists, anything acquired by the partners during marriage is presumed to be community property. Separate property is property owned before marriage, or acquired during marriage with separate property funds, or acquired by gift, will or inheritance if one partner was named as the beneficiary. Community property belongs to the community, and each spouse has an equal, undivided, half-interest in the community. A spouse claiming that property presumed to be community property is actually his or her separate property has the burden of proving by clear and convincing evidence that the property is actually his or her separate property."
-Surviving Spouse Share,"If a spouse survives his other spouse, he inherits the entire community."
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+Surviving Spouse Share,"If a spouse survives his other spouse, he inherits the entire community."

data/flashcards/Conflicts-Table 1.csv

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+Full Faith and Credit Clause,"Another state’s decision must be recognized if 1) jurisdiction was propert in the court, 2) judgment was on the merits and 3) judgment was final. A decision can only be rebutted with a penal judgment or when the state was a plaintiff or if the judgment was incurred by extrinsic fraud, such as bribing a judge."
+Domicile,"An individual only has one domicile, which can arise by domicile by choice, or the physical presence and intent to be domiciled in that place or domicile by operation of law such as an infant or a mentally incompetent."
+Choice of Law,In issue is which state’s substantive law will govern the outcome of this litigation. It will be the law selected by the forum court using either the most significant relationship approach.
+Vested Rights Approach,"Under the vested rights approach the court will apply the law of the state mandated by the applicable vesting rule. This rule is selected according to the relevant substantive area of law, such as a tort, contracts, or real or personal property."
+Most Significant Relationship Approach,"Under the most significant relationship approach, the court will apply the law of that state which is most significantly related to the outcome of the litigation. The court will look at 1) the connecting facts and 2) certain polity principles."
+Connecting Facts,"Where did the facts occur and what are they, depends on the substantive area of law."
+Governmental Interest Approach,"Under the governmental interest approach, the court will apply its own law as long as it has a legitimate interest in the outcome of the litigation. If it does not, this is a false conflict case and it will apply the law of another state."
+Statute of Limitations,A forum will apply it’s own statute of limitations unless the forum borrows from a statute with a shorter time period or the statute conditions a substantive right.

data/flashcards/Conlaw-Table 1.csv

@@ -1,54 +1,49 @@
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-Supremacy Clause,"states that in a conflict between state and federal law, the state law is preempted"
+11th Amendment (Sovereign Immunity),Private citizens cannot sue the state for money damages in any court
+14th Amendment,"Prohibits states from violating due process, equal protection and privileges and immunities rights"
+Abstention,refers to the cfederal courts make to state courts on state issues
+Adequate and Independent State Grounds,refers to the federal court refusing to hear the case if the state court decided the matter entirely with state law
+Anti-Commandeering doctrine,USFG cannot make states act in their sovereign capacity. This is stated in the 10th Amendment
+Bill of Attainder,"is 1) legislation, 2) that inflicts punishment without trial, 3) to named individuals, 4) for past conduct"
+Classifications that deserve intermediate scrutiny,"Sex, illigetimate children, illegal immigrant children"
 Commerce Clause,"Congress has the power to regulate interstate commerce, including instrumentalities of interstate commerce and activities that ‘substantially effect’ interstate commerce"
+Commerce Clause Power,"Congress can regulate channels of interstate commerce, instrumentalities of interstate commerce, or activities that ‘substantially affect’ interstate commerce using the cumulative effect doctrine"
+Conduct regulation,there is an important interest not related to the regulation and the burden must be no greater than necessary
+Congress’s source of power,"are the enumerated powers of Article 1, Section 8, the enabling clauses of the 13th, 14th and 15th amendment and the necessary and proper clause"
+Content-based scrutiny,"requires strict scrutiny unless it falls under 1 of 5 regulations: 1) the government passes strict scrutiny, 2) the speech is unprotected, 3) the government is the speaker, 4) the act is content neutral conduct regulation, or 5) the act is a time, place and manner regulation"
+Contract Clause,no state can impair the obligations of contracts
+Defamatory speech when the plaintiff is a public official or public figure,the plaintiff must prove actual malice
 Dormant Commerce Clause,is implicit authority given to states in areas where Congress has not enacted regulation by allowing them to pass laws that burden interstate commerce if they are narrowly tailored to serve a compelling state interest and the burden is not excessive
+Employment Division v. Smith test,the state can regulate or prohibit a religious activity if the statute is neutral with respect to religion and is of general applicability
+Ex post facto,"Statutes are invalid if it creates a new crime, adds punishment, reduces the evidentiary burden or extends a statute of limitations if the statute of limitations is expired"
+Fundamental Rights,"Contraception, Marriage, Abortion (undue burden), Family relations, sexual orientation (rational basis that fails), private education, possession of obscene material, right to travel, right to vote"
+Impeachment of POTUS,"House can vote for a trial by majority of the vote, and the Senate conducts the hearing. POTUS is removed by a 2/3 vote"
+Intermediate Scrutiny,Government must show that its actions are substantially related to an important interest
+Justiciability,"Federal courts may only hear a case if it presents  justiciable case or controversy brought by adverse parties. To be justifiable the plaintiff must have standing, must present a matter that is ripe and not moot, must present a matter that is not a political question, and must present a matter that should not subject the court to abstention."
+Lemon Test,"1) statute must serve a secular purpose, 2) that must not advance nor inhibit religion, and 3) the statute does not create excessive government entanglement with religion"
+Miller Test,"1) the average person, applying contemporary community standards, would see the work, taken as a whole, appeals to a prurient interest, 2) the work depicts or describes, in a patently offensive way, sexual conduct specifically described by applicable state law, and 3) the work, taken as a whole, lacks serious literary, artistic, political or scientific value"
+Mootness,is an issue if the plaintiff already suffered injury and could not have his claims redressed by the court
+Organization standing,"member standing, purpose of the association, member participation not required"
+Privileges and Immunities,derives from Article 4 and states that the Citizens of each State shall be entitled to the rights of Citizens in the several States
 Privileges and Immunities Clause,states that citizens of each state shall be entitled to all the Privileges and Immunities of Citizens in the several (or all) states
-Bill of Attainder,"is 1) legislation, 2) that inflicts punishment without trial, 3) to named individuals, 4) for past conduct"
+Privileges and Immunities under the 14th Amendment,only applies to a citizen who is travelling to become a resident of another state
+Procedural Due Process,"A person must have due process of the law in claims against his life, liberty or property. Due process includes an adequate notice and an adequate hearing"
 RAMPS,"Ripeness, Abstention, Mootness, Political Questions and Standing"
-SCOTUS Original Jurisdiciton Parties,State v. State or Foreign Diplomats
-Standing,"Injury in fact, causation and redressability"
-Organization standing,"member standing, purpose of the association, member participation not required"
+Rational Basis,A plaintiff must show the government’s actions are not rationally related to any legitimate state interest. A legitimate interest does not have to be Congressional intent
 Ripeness,is an issue if the suit happens before the plaintiff is injured
-Mootness,is an issue if the plaintiff already suffered injury and could not have his claims redressed by the court
-Abstention,refers to the cfederal courts make to state courts on state issues
-Adequate and Independent State Grounds,refers to the federal court refusing to hear the case if the state court decided the matter entirely with state law
-Congress’s source of power,"are the enumerated powers of Article 1, Section 8, the enabling clauses of the 13th, 14th and 15th amendment and the necessary and proper clause"
-Commerce Clause Power,"Congress can regulate channels of interstate commerce, instrumentalities of interstate commerce, or activities that ‘substantially affect’ interstate commerce using the cumulative effect doctrine"
-11th Amendemnt,Private citizens cannot sue the state for money damages in any court
+SCOTUS Original Jurisdiciton Parties,State v. State or Foreign Diplomats
 SCOTUS original jurisdiction,In suits with states and foreign diplomats
 Sources of Congressional Power,"Enumerated powers (Article 1, Section 8), Enabling clauses (13-15th Amendment), Necessary and Proper clause"
-Taxing Power,"Congress has the right to tax and spend for the general welfare as long as the tax objectively or subjectively raises revenue. Congress can also levy a tax as part of a regulatory scheme, i.e. banning smoking"
 Spending Power,Congress can spend for general welfare
-14th Amendment,"Prohibits states from violating due process, equal protection and privileges and immunities rights"
-Treaty power,"POTUS has the power to make treaties with foreign nations, but they must be ratified by the Senate by a 2/3 argeement"
-Impeachment of POTUS,"House can vote for a trial by majority of the vote, and the Senate conducts the hearing. POTUS is removed by a 2/3 vote"
-Anti-Commandeering doctrine,USFG cannot make states act in their sovereign capacity. This is stated in the 10th Amendment
-What parts of the bill of rights does the 14th Amendment not impose on the states,"5th Amendment right to indictment by grand jury, 7th Amendment right to a jury trial in a civil case, 8th Amendment excessive fines"
-Procedural Due Process,"A person must have due process of the law in claims against his life, liberty or property. Due process includes an adequate notice and an adequate hearing"
-Substantive due process,"A person must have due process of the law for certain rights that are not explicit in the constitution, these are known as unenumerated rights"
-Fundamental Rights,"Contraception, Marriage, Abortion (undue burden), Family relations, sexual orientation (rational basis that fails), private education, possession of obscene material, right to travel, right to vote"
-Takings clause,the USFG cannot take private property for public use without just compensation. A taking must be a permanent physical invasion
-Rational Basis,A plaintiff must show the government’s actions are not rationally related to any legitimate state interest. A legitimate interest does not have to be Congressional intent
-Intermediate Scrutiny,Government must show that its actions are substantially related to an important interest
+Standing,"Injury in fact, causation and redressability"
 Strict Scrutiny,Government must prove its classification is necessary to achieve a compelling state interest.
+Substantive due process,Substantive Due Processes assess whether the government has a substantive reason for taking away life liberty or property.
+Supremacy Clause,"states that in a conflict between state and federal law, the state law is preempted"
 Suspect Classifications,"Race, Alienage, National Origin, domestic travel, voting"
-Classifications that deserve intermediate scrutiny,"Sex, illigetimate children, illegal immigrant children"
-Privileges and Immunities under the 14th Amendment,only applies to a citizen who is travelling to become a resident of another state
-Privileges and Immunities,derives from Article 4 and states that the Citizens of each State shall be entitled to the rights of Citizens in the several States
+Takings clause,the USFG cannot take private property for public use without just compensation. A taking must be a permanent physical invasion
+Taxing Power,"Congress has the right to tax and spend for the general welfare as long as the tax objectively or subjectively raises revenue. Congress can also levy a tax as part of a regulatory scheme, i.e. banning smoking"
 Test for Privileges and Immunities,is a state’s actions substantially related to a substantial interest?
-Contract Clause,no state can impair the obligations of contracts
-Ex post facto,"Statutes are invalid if it creates a new crime, adds punishment, reduces the evidentiary burden or extends a statute of limitations if the statute of limitations is expired"
-Lemon Test,"1) statute must serve a secular purpose, 2) that must not advance nor inhibit religion, and 3) the statute does not create excessive government entanglement with religion"
-Employment Division v. Smith test,the state can regulate or prohibit a religious activity if the statute is neutral with respect to religion and is of general applicability
-Content-based scrutiny,"requires strict scrutiny unless it falls under 1 of 5 regulations: 1) the government passes strict scrutiny, 2) the speech is unprotected, 3) the government is the speaker, 4) the act is content neutral conduct regulation, or 5) the act is a time, place and manner regulation"
+Treaty power,"POTUS has the power to make treaties with foreign nations, but they must be ratified by the Senate by a 2/3 argeement"
 Unprotected speech,"1) unlawful advocacy, 2) fighting words, 3) hostile audience, 4) Obscene speech"
-Miller Test,"1) the average person, applying contemporary community standards, would see the work, taken as a whole, appeals to a prurient interest, 2) the work depicts or describes, in a patently offensive way, sexual conduct specifically described by applicable state law, and 3) the work, taken as a whole, lacks serious literary, artistic, political or scientific value"
-Defamatory speech when the plaintiff is a public official or public figure,the plaintiff must prove actual malice
-Conduct regulation,there is an important interest not related to the regulation and the burden must be no greater than necessary
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+What parts of the bill of rights does the 14th Amendment not impose on the states,"5th Amendment right to indictment by grand jury, 7th Amendment right to a jury trial in a civil case, 8th Amendment excessive fines"
+Commercial Speech,Congress has the power to regulate commercial speech subject to intermediate scrutiny.

data/flashcards/Contracts-Table 1.csv

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-Doctrine of Impossibility,The doctrine of impossibility excuses both parties from their obligations under a contract if the performance has been rendered impossible by events occurring after the contract was formed and not known to either party when the contract was formed. Parties may still be entitled to quasi-contract relief
-Default shipping term (UCC),Seller’s place of business
-Parole Evidence Rule,bars the admission of extrinsic evidence concerning the parties’ negotiations or conversations prior to or contemporaneous with the signing of a written document that is fully integrated.
-Governing Law (Sale of Goods),Contracts dealing with the lass of goods are governed by UCC Article 2
-Contract Formation,"A valid contract must have an offer, acceptance, and consideration"
-Offer,An offer must be a statement by the seller showing a clear intent to sell.
 Acceptance,"At common law, the requirement for acceptance was to mirror the terms of the offer. Under the UCC, different terms may be added which could still result in acceptance."
-Terms,"All material terms must be part of the offer and acceptance. Under UCC Article 2, the quantity is a material term."
+Accord and Satisfaction,"When there is a good faith, bona fide dispute about an obligation, a check for a lesser amount than what the other party claims is due with the conspicuous language ‘payment in full’ on it can serve as an accord and satisfaction if it is cashed by the other party."
+Consequential Damages,Consequential damages are damages ensued by the buyer’s general or particular needs that the seller had a reason to know
 Consideration,Each party must agree to do something that they are otherwise not required to do or not do something that they are otherwise authorized to do.
-Statute of Frauds (SoF),"The SoF requires that a contract must be in writing and signed by the party that the contract is being enforced against. However, the SoF requirement can be met through part performance."
-Specific Performance,"Specific performance is an equitable remedy that binds a party to fulfill their duties under the contract. The elements for a prima facie case of specific performance are 1) valid contract, 2) performance is assured, 3) inadequate legal remedy, 3) feasibility of specific performance."
-Statute of Limitations,The statute of limitations for an oral contract in Nevada is 4 years.
-Fraudulent Misrepresentation ,"The elements are that 1) the seller intentionally misrepresented, 2) a material fact, 3) with intent to cause the other to rely on that misrepresentation and 4) the other party did in fact rely."
+Contract Formation,"A valid contract must have an offer, acceptance, and consideration"
+Default shipping term (UCC),Seller’s place of business
+Doctrine of Impossibility,The doctrine of impossibility excuses both parties from their obligations under a contract if the performance has been rendered impossible by events occurring after the contract was formed and not known to either party when the contract was formed. Parties may still be entitled to quasi-contract relief
 Express Warranty,An express warranty can be anything that a merchant publicizes as part of his advertising efforts that he posits as true.
+Fraudulent Misrepresentation ,"The elements are that 1) the seller intentionally misrepresented, 2) a material fact, 3) with intent to cause the other to rely on that misrepresentation and 4) the other party did in fact rely."
+Governing Law (Sale of Goods),Contracts dealing with the lass of goods are governed by UCC Article 2
+How to answer an essay,"Formation, Offer, Acceptance, Consideration, Terms, SoF"
 Implied Warranty of Merchantability,"The UCC states that by default, a product must be suitable for its ordinary purpose."
-Specific Purpose Warranty,"If the seller states that the product should be used for a specific purpose, then a warranty applies under the UCC."
 Modifications,Making less money from a deal over time does not constitute a good-faith modification of a contract.
-Uniform Vendor Purchaser and Risk Act,The Uniform Vendor Purchaser and Risk Act states that the seller is liable for the risk of loss following a contract for the sale of real property
+Offer,An offer is unambiguous words or conduct made by the offeror to an identified offerree containing definite terms to enter into a contract. The standard of determining whether an offer has been made is whether a reasonable person in the position of the offeree would think a contract would be formed if he or she assented to the terms of the offer.
+Parole Evidence Rule,bars the admission of extrinsic evidence concerning the parties’ negotiations or conversations prior to or contemporaneous with the signing of a written document that is fully integrated.
 Quantum Meriut,Quantum Meruit is the reasonable amount of money that one can recover when the amount due is not stipulated in a contract.
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+Specific Performance,"Specific performance is an equitable remedy that binds a party to fulfill their duties under the contract. The elements for a prima facie case of specific performance are 1) valid contract, 2) performance is assured, 3) inadequate legal remedy, 4) feasibility of specific performance."
+Specific Purpose Warranty,"If the seller states that the product should be used for a specific purpose, then a warranty applies under the UCC."
+Statute of Frauds (SoF),"The SoF requires that a contract must be in writing and signed by the party that the contract is being enforced against. However, the SoF requirement can be met through part performance."
+Statute of Limitations,The statute of limitations for an oral contract in Nevada is 4 years.
+Terms,"All material terms must be part of the offer and acceptance. Under UCC Article 2, the quantity is a material term."
+Undue Influence,A contract may be void under the defense of undue influence if the plaintiff proves 1) unfair persuasion and 2) a special relationship of the person who persuaded the plaintiff to agree to the contract.
+Uniform Vendor Purchaser and Risk Act,The Uniform Vendor Purchaser and Risk Act states that the seller is liable for the risk of loss following a contract for the sale of real property
+Perfect Tender Rule,"Under the UCC, the party must provide perfect goods and perfect tender."
+Doctrine of Impractiability,The doctrine of impracticability excuses performance because unforeseen circumstances arises which makes the contract unduly burdensome to perform.

data/flashcards/Corporations-Table 1.csv

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+Pre-Incorporation Contracts,A corporation is not liable for a pre-incorporation contract unless the board of director’s adopt the contract.
+Directors,Shareholders elect and remove with or without cause
+Officers,The Board selects the officers
+Business Judgment Rule,"A court will not second guess a business decision if it was 1) made in good faith, 2) director was reasonably informed and 3) had rational basis."
+Fundamental Corporate Change,"A fundamental corporate change such as an amendment, a merger or a conversion requires 1) board action adopting a resolution of fundamental change, 2) a board submitted proposal to shareholders with written notice, 3) a majority of shareholder approval and 4) a delivery of a document to the secretary of state"

data/flashcards/Criminal Law-Table 1.csv

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+Confrontation Clause,The 6th Amendment of the US Constitution (6A) provides the right of individuals to confront their accuser in a criminal proceeding. The right applies to all testimonial evidence against the defendant.
+Double Jeopardy,"The 5th Amendment of the US Constitution (5A) protects an individual from double jeopardy - or the right against being charged for the same crime twice. Jeopardy attaches when either the jury is empaled in a jury trial, or if the first witness has been sworn in a bench trial."
 Felony Murder,does not apply to co-felons
-Receiving Stolen Property,"Receiving stolen property is defined as receiving possession and control of stolen property, known to have been stolen by another person, with the intent to permanently deprive the original owner of his interest in the property"
 Larceny,Larceny is defined as the taking and carrying away of the tangible personal property of another without consent with the extent to permanently deprive the original owner of his interest in the property.
+Robbery,Robbery is larceny with the added element of the defendant taking the victim’s property by use of force or threat of force.
 Larceny by trick,Larceny by Trick is defined as larceny where the defendant obtains possession of the property via misrepresentation.
 Motion to Suppress (4A),"The 4th Amendment of the US Constitution (4A) protects defendants from unreasonable searches and seizures. Evidence obtained in violation of 4A may be suppressed under the exclusionary rule. Furthermore, under the ‘fruit of the poisonous tree doctrine,’ any derivative evidence obtained through an illegal 4A search may be suppressed. For the 4A to apply there must be 1) state action, 2) the defendant must have had a reasonable expectation of privacy in the items/areas to be searched/seized, and 3) one of a) there must have been a valid search warrant, b) if the search was invalid, the police must have relied on the warrant if in good faith or c) if there was no warrant, if an exception to the warrant requirement applies."
+Receiving Stolen Property,"Receiving stolen property is defined as receiving possession and control of stolen property, known to have been stolen by another person, with the intent to permanently deprive the original owner of his interest in the property"
 Search Incident to Arrest,"For the search incident to an arrest warrant exception to apply, there must have been a valid arrest. A valid arrest usually requires probable cause. Generally, if a police officer witnessed a felony or misdemeanor take place in his presence, he does not need a warrant."
-Terry: Stop and Frisk,"Stop and Frisks under Terry v. Ohio are a valid exception to the search warrant requirement. The stop and frisk exception allows an officer to stop and question a suspect under reasonable suspicion that they are engaged in criminal activity, and may then perform a pat-down of the suspect if the cop reasonably believes the suspect is armed and dangerous."
 Self-Incrimination,"The 5th Amendment of the US Constitution (5A) protects individuals from self-incrimination. As part of that right, individuals must be read their Miranda warnings before every custodial interrogation. A suspect is subject to a custodial interrogation if 1) he objectively feels like he is not free to leave and 2) is being interrogated by an officer with questions that the officer knows or should reasonably know will illicit incriminating responses. Once a defendant invokes his right to stay silent, the officer must cease all questioning, the officer may resume questioning if he waits a substantial amount of time, re-reads the suspect his Miranda rights, and obtains the individual’s consent."
-Double Jeopardy,"The 5th Amendment of the US Constitution (5A) protects an individual from double jeopardy - or the right against being charged for the same crime twice. Jeopardy attaches when either the jury is empaled in a jury trial, or if the first witness has been sworn in a bench trial."
-Confrontation Clause,The 6th Amendment of the US Constitution (6A) provides the right of individuals to confront their accuser in a criminal proceeding. The right applies to all testimonial evidence against the defendant.
-,
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+Terry: Stop and Frisk,"Stop and Frisks under Terry v. Ohio are a valid exception to the search warrant requirement. The stop and frisk exception allows an officer to stop and question a suspect under reasonable suspicion that they are engaged in criminal activity, and may then perform a pat-down of the suspect if the cop reasonably believes the suspect is armed and dangerous."
+Warrant Authorized Searches,A warrant authorized search are presumptively reasonable.
+Exclusionary Rule,"Evidence seized in violation of the 4A is subject to the exclusionary rule. Further evidence gained from this excluded evidence is also inadmissible, as ‘fruit of the poisonous tree.’ However, evidence which is otherwise inadmissible under the 4A may be admitted under the independent discovery, intervening source, and inevitable discovery exceptions. The purpose of the exclusionary rule is to deter police conduct."
+Wharton Rule,"The Wharton Rule states that in crimes where two or more people are necessary to commit a crime, an additional person who is not essential to the crime is needed to convict the members of conspiracy."
+Murder,Murder is the unlawful killing of another human being with malice aforethought.
+Voluntary Manslaughter,Voluntary Manslaughter is the killing in the heat of passion resulting from an adequate provocation. Adequate provocation must be 1) a serious and highly-provoking injury inflicted upon the accused or 2) an attempt by the deceased to commit serious personal injury to the accused.

data/flashcards/Evidence-Table 1.csv

@@ -1,22 +1,24 @@
 ,
-Judicial notice,"A court, may with or without the consent of the parties, instruct a jury to take a municipal code as truth"
-Hearsay intent,"A statement that shows intent or motive, which is offered to show compliance with that intent or motive, is admissible as an exception to the rule excluding hearsay evidence"
+Admission by party opponent,A statement made by an opposing party is admissible as an exception to hearsay.
+Character Evidence,Character evidence is evidence of a trait or character offered to prove action in conformity therewith. Character evidence is inadmissible unless excepted because it does not allow the other party to properly develop testimony regarding the character. 
+Confrontation Clause,The 6th Amendment of the US Constitution provides that an accused has a right to confront his accusers
+Documentary Evidence Authentication,"Documentary evidence must be authenticated, or shown to be what it purports to be. If documentary evidence is a record it can be authenticated by the custodian of the records."
+Expert Opinion,"An expert’s opinion is admissible if the expert is qualified, reasonably certain about his opinion, the opinion is helpful to the trier of fact because of specialized knowledge, and the expert has a sufficient basis for his opinion."
 Hearsay,Hearsay is an out of court testimony offered to prove the truth of the matter asserted.
-Relevance,"In determining the admissibility of evidence, a judge must decide if the probative value of such evidence outweigh the danger of 1) unfair prejudice, 2) confusion of the issue, 3) misleading the jury, 4) undue delay, or 5) needless presentation of cumulative evidence."
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+Hearsay intent,"A statement that shows intent or motive, which is offered to show compliance with that intent or motive, is admissible as an exception to the rule excluding hearsay evidence"
+Judicial Discretion of Competency,"In determining the admissibility of evidence, a judge must decide if the probative value of such evidence outweigh the danger of 1) unfair prejudice, 2) confusion of the issue, 3) misleading the jury, 4) undue delay, or 5) needless presentation of cumulative evidence."
+Judicial notice,"A court, may with or without the consent of the parties, instruct a jury to take a municipal code as truth"
+Lay Opinion,"Lay witnesses may only testify as to facts observed. However, a lay witness may testify as to his opinion if the opinion would be helpful to the trier of fact, the opinion does not require specialized knowledge, and the witness has a sufficient factual basis for his opinion."
+Personal Knowledge,A witness may only testify about events he has personal knowledge about.
+Policy Considerations of Competency,"Certain types of evidence are not competent for the purpose of admitting them into court subject to certain exceptions. These policy considerations are 1) liability insurance, 2) subsequent remedial measures, 3) an offer to pay medical expenses, 4) an offer to settle a case, and 5) a withdrawn guilty plea"
+Prior bodily condition,A hearsay statement regarding prior bodily condition is admissible if made for purposes of medical treatment or diagnosis.
+Prior Convictions,"Prior convictions can be used as impeachment evidence. In Nevada, only felony convictions less than ten years old are admissible for impeachment. "
+Relevance,"In order to be admissible, evidence must be relevant. Evidence is relevant if it tends to prove or disprove any material fact."
+Best Evidence Rule,A witness cannot testify to the contents of a writing unless the writing is presented. A copy of the writing is permissible.
+Business Records,"Business records are documents made in the normal course of business with guarantees of trustworthiness. For a business record, there must be some type of testimony demonstrating that this was in the normal course of business"
+Statement Against Interest,"Statement against interest is a hearsay exception that requires the unavailability of the witness, which can include witnesses not testifying because of self-incrimination. This exclusion excepts statements that are so contrary to the declarant’s criminal liability that a reasonable person would not have made such a statement unless it was true."
+Witness Competency,A witness is competent if he has personal knowledge of the fact he is testifying to and he takes an oath or affirmation to tell the truth.
+Recorded Recollection,"A writing that was prepared by the party or an agent with knowledge of the events contained in the writing made soon after the event occurred and that was a true and accurate depiction of the events that transpired, is admissible as a recorded collection."
+Refreshing Recollection,"If a witness did before have personal knowledge about something, and is simply unable to recall the specifics while on the stand, anything may be shown to the witness for the purposes of refreshing their collection."
+Party Opponent Admission,"An admission is a statement made by a party to the litigation being admitted into evidence against the speaker, by the opposing party to the litigation. It is an exception to hearsay."
+Hearsay exceptions where the declarant must be unavailable,"1) dying declaration, 2) statement against interest, 3) statement of family or personal records, 4) statement by the accused explaining the procurement of the declarant’s unavailability 5) former testimony"

data/flashcards/Partnership-Table 1.csv

@@ -1,22 +1,8 @@
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+Partership,"A partnership is 1) an association, 2) between two or more people, 3) to carry on as co-owners, 4) a business for profit. Profits are shared equally among a partnership."
+Duties,A partner owes the same duties as an agent owes to a principal to the partnership.
+Partnership Debt,An incoming partner is not liable for pre-existing debt. An outgoing partner is still liable for debt unless notice of his dissociation is given to creditors or 90 days after the dissociation is filed with the secretary of state.
+RUPA,Revised Uniform Partnership Act
+Partnership Dissolution,"If the partnership was formed pursuant to a partnership agreement, the dissociation of any single partner does not create dissolution unless a majority  of the remaining parties vote to dissolve within 90 days of the event of dissociation."
+Winding Up,"The partnership and the individual general partners retain liability on all transactions ended into to windup old business. Creditors must be paid first, then capital contributions made by partners, then an equal share of the profits given to the partners."
+Limited Partnership,"A limited partnership is a partnership where the limited partner has inferior rights. However, a limited partner is not liable for debts of the partnership. A limited partnership must be filed as such with the secretary of state. "

data/flashcards/Professional Responsibility-Table 1.csv

@@ -6,11 +6,14 @@ Duties arising with 3rd party payminte,A NA may be paid by a third party as long
 Duty of a firm to impute disqualification,"If an NA in a firm is disqualified under the NRCP from representing a client, the firm is disqualified as well unless the attorney can be successfully screened. Successful screening requires 1) the NA in question to not receive any confidential information, 2) the NA in question to not receive any proceeds from the matter and 3) proper written notice to the governing agency."
 Duty of candor to the court and fairness to opposing counsel,"NAs owe a duty of candor and honesty to the tribunal and a duty to act fairly with opposing counsel. As such, NAs must do their best to expedite the trial, to be honest with all parties, to disclose exculpatory evidence, and to not destroy evidence."
 Duty of competency,"A NA has a duty of competence, which means he 1) must have the physical and mental ability, 2) the requisite legal knowledge and 3) the time required to handle the case. An NA who does not meet these three standards can nonetheless take the case if 1) he notifies the client that he needs time to learn the laws governing the matter or 2) he associates with co-counsel."
-Duty of Confidentiality,"NAs owe their clients a duty of confidentiality so long as the attorney and client are communicating regarding a legal matter in private and the client has a reasonable expectation of privacy in the matters discussed. The duty is waived if 1) the client is suing the attorney for malpractice, or 2) the client is using the attorney’s services in furtherance of a crime."
+Duty of Confidentiality,"NAs owe their clients a duty of confidentiality so long as the attorney and client are communicating regarding a legal matter in private and the client has a reasonable expectation of privacy in the matters discussed. The duty is waived if 1) the client is suing the attorney for malpractice, or 2) the client is using the attorney’s services in furtherance of a crime. This duty extends to prospective clients."
 Duty to accept court appointed clients,"A NA must accept a court-appointed client unless 1) the matter would cause substantial economic hardship to the NA, 2) the NA would have ethical conflicts arising from the matter or 3) the NA is not physically or mentally capable of the casework."
 Duty to advertise reasonably,"If a NA wishes to publish an advertisement, he must 1) send the Nevada Bar a hard and electronic copy of the advertisement that is 2) no less than 15 days from the first dissemination. The NA must then 3) keep the advertisement for four years with record of when and where it was used. An advertisement cannot give a potential client an unreasonable expectation of recovery."
 Duty to Communicate,NAs owe their client a duty to communicate to their clients about their duty of confidentiality (see infra/supra) as well as the expectations that apply.
 Duty to communicate to scope of representation,"NAs owe their clients a duty to communicate the scope of representation. NAs must tell their clients that the attorney’s job is to formulate the tactical strategy as to how to pursue a case, but the client has the right to determine 1) whether to testify, 2) whether to accept a plea, and 3) whether to settle."
+Duty to not impart bias to the jury,"During a trial, NAs are not permitted to speak to a jury because NAs are not supposed to unduly influence a jury. NAs must also refrain from indirect communication. A NA may speak to a juror after the trial, only if the juror does not object to the conversation."
+Duty to not make false/misleading promises,NA's have a duty not to mislead the public and possible clients about the outcome of their representation.
+Duty to refrain from using insider information,An NA is prohibited to use confidential information obtained from representing a client for his own pecuniary gain.
 Duty to report misconduct,"If a NA witnesses another NA violate the NRPC, even if the other NA is his supervisor, he must submit a report to the Nevada bar within 24 hours of witnessing the conduct unless the conduct would violate the attorney-client privilege of the offending attorney."
 Duty to report up and out relating to corporate clients,"When an NA is representing a corporation, the NA must first communicate to the directors and/or officers of the corporation that the corporation, not the individual members is the NAs client. As such, NAs have duties owed under the NRCP to the corporation, but not the individual members. If an NA, while representing a corporate client discovers that there is a crime being committed, the NA has a duty to report up the chain of individuals managing the corporation. In the event the managing members of the corporation take no action to resolve the matter, the NA has a duty to report to the governmental agency in charge of sanctioning the conduct."
 Duty to supervise subordinates,NAs have a duty to ensure subordinates comply with the NRPC. A NA is liable for a subordinate’s misconduct if 1) the NA knew of the conduct and failed to reasonably ameliorate the situation or 2) the NA ordered the misconduct.
@@ -18,11 +21,10 @@ Duty to Withdraw,"If an NA does not feel he can ethically, competently, or lawfu
 Duty to zealously represent,NAs owe a duty to zealously represent their clients in their matter. This includes a duty of loyalty and a duty to tell the client truthfully and diligently about her matter.
 Fee Agreements,"Attorneys who are retained must have written fee agreements with their clients. Contingency fee agreements are allowed if they are reasonable unless the matter is a criminal law case, or a domestic relations case not involving the collection of a pre-determined fixed settlement. A reasonable fee is determined by a multitude of factors including 1) the complexity of the matter, 2) the experience of the NA, and 3) the asking rate of other attorneys in the vicinity. A valid contingency fee must state 1) what the contingency percentage is, 2) when the contingency fee is taken, 3) who is responsible for paying expenses, 4) a notice stating that the client may be liable to pay opposing party’s attorney’s fees should the court deem it so, and 5) that the client may be subject to penalties if he is abusing the judicial process by harassing his opponent."
 Fiduciary Duty,NA’s owe their clients a fiduciary duty not to commingle client funds. Client funds must be held in a separate trust account and must be paid out expediently.
+Inadequate Representation,"A suit for inadequate representation requires a plaintiff to prove that but for their NA’s misconduct, the outcome of the case would have been better for the plaintiff."
 Pro Hac Vice,"An attorney admitted to another state’s bar may be admitted to practice in Nevada if 1) he is not a resident of NV, 2) he is not an attorney in NV, 3) he is not a member of the NV bar and 4) he associates with a NV attorney to handle the matter."
 Prosecutor’s Special Duty to the Public,A prosecutor has special duties to the public including the duty to produce any and all evidence which would lead to the exoneration of a defendant to the defendant or their respective counsel.
 Referrals,"An NA can be recommended by others, however, NAs cannot split fees or have referral agreements with anyone which creates a kickback agreement."
 Sale of Law Practice,"A NA may sell his practice as long as 1) the NA agrees to not practice in the geographical area in which is law firm is situated, 2) the NA sells his entire practice, 3) clients of the firm are not subject to a rate increase and 4) all clients are notified of the transaction by certified mail."
-Duty to not impart bias to the jury,"During a trial, NAs are not permitted to speak to a jury because NAs are not supposed to unduly influence a jury. NAs must also refrain from indirect communication. A NA may speak to a juror after the trial, only if the juror does not object to the conversation."
-Inadequate Representation,"A suit for inadequate representation requires a plaintiff to prove that but for their NA’s misconduct, the outcome of the case would have been better for the plaintiff."
-Duty to not make false/misleading promises,NA's have a duty not to mislead the public and possible clients about the outcome of their representation.
-Duty to refrain from using insider information,An NA is prohibited to use confidential information obtained from representing a client for his own pecuniary gain.
+Duty of Communication,A NA has a duty to keep a client reasonably informed about a matter and communicate with that client when the client needs to provide information.
+,

data/flashcards/Property-Table 1.csv

@@ -1,26 +1,37 @@
 ,
-Doctrine of Equitable Conversion,The Doctrine of Equitable Conversion states that the buyer has equitable title and the seller has legal title after the sale of a contract.
-Uniform Statutory Rule Against Perpetuities,"states that a non-vested property interest is invalid if either the interest fails to vest within 21 years of a life in being, or if vesting or termination does not occur within 365 years."
-Joint Tenancy,"A joint tenancy is a tenancy where each party will have a right of survivorship. A joint tenancy is characterized through the following four unities: 1) time, or whether each interest was granted at the same time; 2) title, or whether each interest was transferred by the same instrument; 3) interest, or whether each interest in the property is equal and 4) possession, which states that each tenant has the right to possess the whole property. Individuals who have a joint tenancy are subject to the following rights and duties: 1) each has the right to possess the entirety of the property; 2) each has the rights to rents and profits made on the property; and 3) if one tenant makes repairs, he can seek contribution if the repairs are necessary."
+Adverse Possession,"Adverse possession requires proof that the possession is: 1) open, visible, and notorious; 2) actual, which means in Nevada among other things the adverse possessor pays property taxes ; 3) exclusive; 4) hostile under a claim of right for a continuous period of five years."
 Assignment (property),An assignment is created when a tenant transfers all of his rights to the tenancy to a third party.
-"In an assignment, the new tenant is liable to the landlord for","rent if there either privity of contract, or when there is in an evidence of an agreement between the landlord and the new tenant, or if there is privity of estate, which exists only between the present landlord and the tenant"
-Sublease,"A sublease is created when a tenant transfers some, but not all, of his rights to a third party"
-"In a subleasing rent dispute, the landlord",can only recover rent from anyone with whom he is in privity with. A sublessee is not in privity with the landlord
+Covenant,"A covenant is a non-possessory right which can obligate another to either do or not do something with their property or do something with their property. A covenant runs with the land and is enforceable against successors in interest. For a covenant to be enforceable against a third party who was not part of the original covenant but now possesses the land, the party wishing to enforce the covenant via money damages must show 1) there was an intent fort he covenant to run with the land, 2) the covenant touches and concerns the land, 3) the party against whom enforcement is sought had notice and 4) that the defendant who is a successor in interest to the original party who entered into the contract has both, horizontal and vertical privity with the party asserting the claim."
+Doctrine of Destructability of Contingent Remainders,"A contingent remainder is destroyed if 1) it fails to vest by the natural termination of the prior estate, 2) the doctrine of merger, or 3) if the holder of the present possessory estate surrenders her interest before the contingent remainder vests."
+Doctrine of Equitable Conversion,The Doctrine of Equitable Conversion states that the buyer has equitable title and the seller has legal title after the sale of a contract.
+Easement Implied by necessity,An easement implied by necessity is an easement where the is a showing of strict necessity and prior common ownership of the benefited and servant estates
+Easement in Gross,"An easement in gross attaches to a right, not adjoining party. This easement does not run with the land."
+Easements,"Easements are a non-possessory property interest which gives an individual the right to use the land of another and to prevent that other property owner from restricting their access to the easement. Easements may be in gross or appurtenant and may be created through express grant, implied by prior use of grantor, implied by necessity, or provided by prescription."
 Eminent Domain,Eminent domain is a public taking of private property; it requires just compensation paid to the property-owner.
+Fixture,A fixture is a chattel that has become so connected to real property that an unbiased 3rd party would deem that chattel to be part of the property
+Foreclosure,"Nevada is a lien theory state, which means that a mortgagor holds legal title to the property until foreclosure, and the mortgagee merely hold a lien. This is different from a title theory jurisdiction, where the mortgagee holds title to the property."
+Horizontal Privity,A party has horizontal privity with another if the original transferor transfered at least a portion of their estate to a transferee who later transfered it to the defendant.
+"If the tenant is successful in a breach of implied warranty of habitability claim,","he is excused from further performance under the lease, which means he can vacate the premises and stop paying rent, and he can sue for money damages "
 Implied Warranty of Habitabality,"The implied warranty of habitability states that the landlord will deliver and maintain premises that are safe, clean, and fit for human habitation"
 "In a breach of the implied warranty of habitability, a tenant must","show a patent or latent defect in an essential residential facility and give notice to the landlord about the defect, and give the landlord reasonable time to cure the defect"
-"If the tenant is successful in a breach of implied warranty of habitability claim,","he is excused from further performance under the lease, which means he can vacate the premises and stop paying rent, and he can sue for money damages "
-Fixture,A fixture is a chattel that has become so connected to real property that an unbiased 3rd party would deem that chattel to be part of the property
-Trade Fixture,A trade fixture is chattel affixed by a tenant to his rented property to advance his business or trade during his tenancy
-Easement Implied by necessity,An easement implied by necessity is an easement where the is a showing of strict necessity and prior common ownership of the benefited and servant estates
+"In a subleasing rent dispute, the landlord",can only recover rent from anyone with whom he is in privity with. A sublessee is not in privity with the landlord
+"In an assignment, the new tenant is liable to the landlord for","rent if there either privity of contract, or when there is in an evidence of an agreement between the landlord and the new tenant, or if there is privity of estate, which exists only between the present landlord and the tenant"
+Intent to run with the land,Parties have the requisite intent for a restrictive covenant to run with the land when they intend that the obligation benefit the land and that the obligation must be executed regardless of who owns the land.
+Joint Tenancy,"A joint tenancy is a tenancy where each party will have a right of survivorship. A joint tenancy is characterized through the following four unities: 1) time, or whether each interest was granted at the same time; 2) title, or whether each interest was transferred by the same instrument; 3) interest, or whether each interest in the property is equal and 4) possession, which states that each tenant has the right to possess the whole property. Individuals who have a joint tenancy are subject to the following rights and duties: 1) each has the right to possess the entirety of the property; 2) each has the rights to rents and profits made on the property; and 3) if one tenant makes repairs, he can seek contribution if the repairs are necessary."
+Life Estate,"If a grantee receives a life estate, he does not have a fee estate, and thus must 1) pay all mortgage interest on the property, 2) make any necessary repairs, 3) pay all taxes, 4) pay all special assessments, and 5) cannot commit waste on the property. A life tenant can commit ameliorative waste if 1) the remainder man’s property value is not decreased by the waste or 2) a change in the neighborhood has caused the property to not realize its full value."
+Notice,"A party may acquire notice either by actual, record, or inquiry notice. A party has record notice when the covenant appears in the chain of title."
 Notice (for race-notice),"1) Actual notice, 2) Constructive Notice (i.e. tracts), 3) Inquiry Notice (what he should have inquired about)"
 Patent v Latent Defects,A patent defect is known to the tenant at the time he came into the lease. A landlord is under no obligation to fix a patent defect. A latent defect is that which is unknown to the tenant but the landlord knew or should have reasonably known about. A landlord has a duty to warn the tenant about latent defects.
-Easement in Gross,"An easement in gross attaches to a right, not adjoining party."
 Periodic Tenancy,"A periodic tenancy is a tenancy with a specific start date, but no specific end date. A periodic tenant will continue in cycles of time based upon the tenant’s rent payment schedule; for example, if a tenant pays rent every month, the periodic tenancy will continue from month-to-month. Proper notice for a termination of a periodic tenancy is the length of the tenancy, with a maximum of six months. If no proper notice is given and the tenant decides to vacate the premises, the landlord is entitled to seek the rent he is entitled to."
+Rule Against Perpetuities,"states that a non-vested property interest is invalid if either the interest fails to vest within 21 years of a life in being, or if vesting or termination does not occur within 365 years."
+Rule in Dumpor’s Case,The Rule in Dumpor’s Case states that a landlord who fails to object to a first assignment cannot thereafter object to subsequent assignments.
+Sublease,"A sublease is created when a tenant transfers some, but not all, of his rights to a third party"
 Tenancy at Will (TaW),"A TaW occurs when there is no set duration for the tenancy; the tenant and the landlord make an agreement that the tenant may live on the property indefinitely. A TaW may be based on service; the tenant may live on the property as long as he or she provides services for the building. A TaW may be destroyed by 1) death/incapacity of the landlord, 2) notice by either the tenant or the landlord, or 3) any attempt to transfer the interest by tenant or landlord."
 Tenancy for a Term of Years,A tenancy for a term of years is a tenancy with a definite start and end date.
-Rule in Dumpor’s Case,The Rule in Dumpor’s Case states that a landlord who fails to object to a first assignment cannot thereafter object to subsequent assignments.
-Life Estate,"If a grantee receives a life estate, he does not have a fee estate, and thus must 1) pay all mortgage interest on the property, 2) make any necessary repairs, 3) pay all taxes, 4) pay all special assessments, and 5) cannot commit waste on the property. A life tenant can commit ameliorative waste if 1) the remainder man’s property value is not decreased by the waste or 2) a change in the neighborhood has caused the property to not realize its full value."
+Touch and Concern,"A restrictive covenant touches and concerns the land when it benefits the dominant estate, that is, the estate which is to obtain the benefit of the covenant."
+Trade Fixture,A trade fixture is chattel affixed by a tenant to his rented property to advance his business or trade during his tenancy
+Vertical Privity,Vertical Privity requires that the defendant in the restrictive covenant suit take the complete estate from the transferor who transfered the property to them.
 Waste,There are three types of waste: 1) voluntary - waste that occurs when a tenant engages in some action injuries to the property; 2) permissive - waste that occurs when the tenant refrains from certain conduct and the property is injured by the lack of that conduct; and 3) ameliorative - waste that occurs when the tenant changes the property to increase its value.
-Foreclosure,"Nevada is a lien theory state, which means that a mortgagor holds legal title to the property until foreclosure, and the mortgagee merely hold a lien. This is different from a title theory jurisdiction, where the mortgagee holds title to the property."
-Doctrine of Destructability of Contingent Remainders,"A contingent remainder is destroyed if 1) it fails to vest by the natural termination of the prior estate, 2) the doctrine of merger, or 3) if the holder of the present possessory estate surrenders her interest before the contingent remainder vests."
+Equitable Servitude,"If a party wishes to enforce a covenant contained in a deed with injunctive relief, then they need to assert a claim for equitable servitude. The elements to enforce an equitable servitude are subsumed by a restrictive covenant."
+Express Easement,"An easement may be cerated by express grant if the owner reserves it in a grant of a deed. The easement must meet all the formalities of transferring land, that is, it must satisfy the statute of frauds by being in writing, reasonably describing the property to which it relates, and be filed if notice needs to be provided to a third person."
+Implied Easement,"For an easement to be created by prior use of grantor, 1) the prior grantor used the claimed easement, 2) the burdened and servant estate were united as one property during the prior grantor’s use, 3) the use was open and obvious and 4) the use of the easement was reasonably necessary."

data/flashcards/Secured Transactions-Table 1.csv

@@ -1,22 +1,18 @@
 ,
 Governing law (Secured Transactions),Article 9 of the Uniform Commercial Code governs secure transactions in how they are attached and perfected.
-Secured Transaction,is a transaction intended to create a security interest in personal property or fixtures
-Security Interest,is an interest in personal property or fixtures which secures payment or performance of an obligation.
-Attachment,refers to the legal process by which a secured party receives a security interest in collateral that is enforceable by law against the debtor.
-Security Agreement,"is an agreement between the debtor and the secured party that creates the security interest. The agreement must be 1) consensual, 2) that creates a conditional property right, 3) in personal property or fixtures"
-Perfection,refers to the legal process by which a secured party receives a security interest in collateral that is enforceable against any person.
+Secured Transaction,A secured transaction is a transaction intended to create a security interest in personal property or fixtures
+Security Interest,A security interest is an interest in personal property or fixtures which secures payment or performance of an obligation.
+Attachment,"Attachment refers to the legal process by which a secured party receives a security interest in collateral that is enforceable by law against the debtor. It is created through a 1) security agreement, 2) that the debtor gives value for, and 3) that the debtor has rights in the collateral subject to a security interest."
+Security Agreement,"A security agreement is an agreement between the debtor and the secured party that creates the security interest. The agreement must be 1) consensual, 2) that creates a conditional property right, 3) in described collateral."
+Perfection,Perfection refers to the legal process by which a secured party receives a security interest in collateral that is enforceable against any person.
 The 6 ways to perfect title ,"are 1) automatic perfection, 2) possession by a secure party, 3) control, 4) notation of lien on certificate of title, 5) filing a finance statement and 6) temporary perfection"
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+Collateral,Collateral is property subject to a security interest
+Goods (for secured transactions),"1) Consumer Goods, 2) Farming Goods, 3) Inventory, 4) Equipment"
+Intangibles (for secured transactions),"1) Intangibles, 2) Chattel Paper, 3) Documents of Title, 4) Investment Property, 5) Accounts, 6) Deposit Accounts, 7) Commercial Tort Claims, 8) General Intangibles"
+Finance statement,"A financing statement is good for five years. If the secured party wishes to continue the financing statement, it must be filed within the last 6 months of the five year period. If the debtor relocates, the perfection is only good for four months and the secured party must re-file in the other state. If the property moves, the perfection is only good for 1 year before the secured party must file in another state. A financing statement must be filed with the secretary of state within 20 days and contain 1) the debtor’s name, 2) description of the collateral, 3) secured party’s name, 4) authentication by the debtor."
+A subsequent buyer of collateral,"A subsequent buyer of collateral is still subject to the security interest unless, the sale was authorized by the secured party for the interest not to attach or the sale was unauthorized in the course of business or in a consumer to consumer transaction, subject to the garage sale rule."
+Proceeds,"Proceeds are whatever is received upon the sale, exchange, collection or other disposition of collateral or proceeds."
+Intermediate Balance Test,"When proceeds are commingled with other funds in a deposit account, the lowest balance during time when funds are deposited to when the theist applied is the secured party’s identifiable proceeds."
+Sale of Collateral,"Must have reasonable notice, or at least 10-days notice given by the secured party to the debtor, and commercial reasonable. In Nevada there is a rebuttable presumption that the fair-market-value at the time of repossession was equal to the outstanding debt."
+Fixtures,"In order to file for perfection of a security interest in a fixture, the secured party must file in the office where a mortgage on the real estate would have been filed. If the debtor defaults, the secured party can repossess the fixture without being liable for any damages to the fixture."
+Accession,An accession is a good that is physically united with other goods in such a manner that the identity of the original goods is lost.

data/flashcards/Torts-Table 1.csv

@@ -1,33 +1,41 @@
 ,
-Elements of Negligence,"For a plaintiff to win a claim of negligence, he must prove that the following elements: 1) Duty, 2) Standard of Care, 3) Breach of Duty, 4) Actual Cause, 5) Proximate Cause, and 6) Damages."
-Benefit of the Bargain,"In a misrepresentation action, the plaintiff is entitled to damages measured by the difference of what the property was represented at vs. what the property was actually at."
-The 5 elements of intentional torts,"1) A voluntary act, 2) Intent, 3) Causation, 4) Harm or Injury, and 5) Defenses or Privileges"
-Popcans,"1) Privilege, 2) Defense of others, 3) defense of property, 4) consent, 5) authority, 6) Necessity, 7) self-defenses"
-Battery,Battery requires a showing that the defendant committed harmful or offensive contact to the plaintiff or something closely related to the plaintiff.
-Assault,Assault requires a showing that the defendant intentionally places the plaintiff in reasonable apprehension of an imminent battery.
 Apprehension,understanding
-False Imprisonment,"False imprisonment is an act that intentionally confines the plaintiff to a bounded area, against the plaintiff’s will and the plaintiff knows of or is injured by the confinement."
-Trespass to Land,Trespass to Land requires a showing that there was physical invasion of the plaintiff’s land.
-Trespass to chattels,Trespass to chattels requires a showing that the defendant intentionally inter-meddles with the chattel of the plaintiff.
+Assault,Assault requires a showing that the defendant intentionally places the plaintiff in reasonable apprehension of an imminent battery.
+Attractive Nuisance,The attractive nuisance doctrine states that a landowner owes a duty to foreseeable minor trespassers.
+Battery,Battery requires a showing that the defendant committed harmful or offensive contact to the plaintiff or something closely related to the plaintiff.
+Benefit of the Bargain,"In a misrepresentation action, the plaintiff is entitled to damages measured by the difference of what the property was represented at vs. what the property was actually at."
+Breach,A breach of duty occurs when the defendant’s conduct is not within the proscribed standard.
+Bystander Liability,"If a plaintiff cannot make a full claim under IIED, he may still recover under the bystander liability doctrine. The bystander liability doctrine requires a showing of either the plaintiff was in the zone of danger, or the plaintiff 1) witnessed a person who is related by either blood or marriage 2) get injured by the defendant, 3) the defendant knew of the plaintiff’s presence and 4) the defendant knew of the close family relationship."
+COA,cause of action
 Conversion,Conversion is a trespass to chattels action where the damages ensued require a full market-value replacement of the chattel
-Replevin,Replevin is a remedy that arises to get back personal property one has been dispossessed of.
-Misrepresentation,"1) Intentional, material representation, 2) of past or present fact, 3) made with scienter or knowledge of the misrepresentation, which 4) the plaintiff unjustifiably relies upon"
-Intentional interference with contracts,"1) Defendant know of specific economic advantage, 2) acted to interfere with that economic advantage with improper motives"
-IIED,"IIED is an act that is 1) an intentional or reckless act or omission, 2) so extreme and outrageous, 3) which causes emotional distress that damages the plaintiff."
-Invasion of Privacy,"1) defendant intentionally interferes with the plaintiff’s sphere of privacy, 2) does not require publication, 3) must be offensive to a reasonable person, 4) damages ensued for emotional distress with the potential for punitive damages"
+Defamation,"Defamation is 1) defamatory communication, which must be understood as truthful and reputation-harming, 2) that is directed at the plaintiff, 3) published to a third party."
+Constitutional Defamation,"A defamation cause of action may be limited by the constitution if it involves a public figure or a matter of public concern. A person is a public figure if they obtain pervasive fame or notoriety or if he voluntarily insert himself into a particular public controversy. A matter of public concern is a matter that the public needs to know about. If a matter is about a public figure or a public concern, the plaintiff must prove actual malice which is 1) reckless disregard to the truth or falsity of the statement or 2) knowledge of falsity. "
+Comparative Fault,"Nevada follows partial comparative fault, which states that as long as the plaintiff is not more than 50% liable for his injury, he can still recover."
 Defenses to Negligence,"Comparative Negligence, Assumption of the risk, MBE is contributory negligence"
+Duty and Standard of Care,All drivers on the road owe a duty of care to drive reasonably. Reasonableness is judged by what a reasonably prudent person would do. Business owners owe a duty to all business invitees on their property.
+Elements of Negligence,"For a plaintiff to win a claim of negligence, he must prove that the following elements: 1) Duty, 2) Standard of Care, 3) Breach of Duty, 4) Actual Cause, 5) Proximate Cause, and 6) Damages."
+False Imprisonment,"False imprisonment is an act that intentionally confines the plaintiff to a bounded area, against the plaintiff’s will and the plaintiff knows of or is injured by the confinement."
+False light,False light applies when the defendant attributes to the plaintiff views the plaintiff does not hold or actions that the plaintiff does not take that are highly offensive to a reasonable person. 
+IIED,"IIED is an act that is 1) an intentional or reckless act or omission, 2) so extreme and outrageous, 3) which causes emotional distress that damages the plaintiff."
 Indemnification,When a defendant can collect all the proceeds from another defendant
-Standard of Care,"Business Invitee, Reasonably Prudent Person or Innkeeper"
-COA,cause of action
-NIED,A COA of NIED requires emotional distress with physical damages due to defendant’s negligence.
-Defamation,"Defamatory communication (must be understood as truthful and reputation-harming), directed at the plaintiff, published to a third party."
+Intentional interference with contracts,"1) Defendant know of specific economic advantage, 2) acted to interfere with that economic advantage with improper motives"
+Invasion of Privacy,"1) defendant intentionally interferes with the plaintiff’s sphere of privacy, 2) does not require publication, 3) must be offensive to a reasonable person, 4) damages ensued for emotional distress with the potential for punitive damages"
 "Invasion of Privacy,",Where a defendant intentionally interfere’s with the plaintiff’s sphere of privacy
+Misrepresentation,"1) Intentional, material representation, 2) of past or present fact, 3) made with scienter or knowledge of the misrepresentation, which 4) the plaintiff unjustifiably relies upon"
 Necessity,"A defendant is permitted to injure plaintiff’s property if it is reasonably necessary to avoid a substantially greater harm to the public, himself or his property."
+Necessity,Private Necessity requires as bowing that the defendant had to enter another person’s land to avoid a greater injury.
 Negligence,"In order to win a claim of negligence, the plaintiff must prove a prima facie case that 1) the defendant had a duty with a standard of care, 2) the defendant breached that duty, 3) the breach was the cause-in-fact of the plaintiff’s damages, 4) the breach was the proximate cause of the plaintiff’s damages and 5) damages ensued from the breach. After proving a prima facie case, the plaintiff must then overcome any damages raised by the defendant."
-Duty and Standard of Care,All drivers on the road owe a duty of care to drive reasonably. Reasonableness is judged by what a reasonably prudent person would do. Business owners owe a duty to all business invitees on their property.
-Breach,A breach of duty occurs when the defendant’s conduct is not within the proscribed standard.
 Negligence Per Se,"A plaintiff may prove a standard of care and breach via Negligence Per Se, which states that a defendant is automatically liable if he violates a law with conduct that the law was aimed at."
-Necessity,Private Necessity requires as bowing that the defendant had to enter another person’s land to avoid a greater injury.
 Negligent Entrustment,Negligent Entrustment requires a showing that the defendant knew that the other party was negligent and he entrusted his chattel to him regardless.
-Bystander Liability,"If a plaintiff cannot make a full claim under IIED, he may still recover under the bystander liability doctrine. The bystander liability doctrine requires a showing of either the plaintiff was in the zone of danger, or the plaintiff 1) witnessed a person who is related by either blood or marriage 2) get injured by the defendant, 3) the defendant knew of the plaintiff’s presence and 4) the defendant knew of the close family relationship."
-Statute of Limitations,"In Nevada, personal injury claims must be brought within two years of the date of the accident/injury, otherwise they will be barred under the statute of limitations. If a minor is injured, he is exempted from the two-year requirement and can sue until two years after he reaches the age of majority, which is 18 in Nevada."
+NIED,A COA of NIED requires emotional distress with physical damages due to defendant’s negligence.
+Popcans,"1) Privilege, 2) Defense of others, 3) defense of property, 4) consent, 5) authority, 6) Necessity, 7) self-defenses"
+Replevin,Replevin is a remedy that arises to get back personal property one has been dispossessed of.
+Res Ipsa Loquitur,"Res Ipsa Loquitor is translated as ‘the act speaks for itself.’ It can be used in a tort cause of action proffered by the plaintiff to show defendant’s liability. It requires 1) the event which caused the plaintiff’s injury would not normally occur absent the defendant’s negligence, 2) it is more likely than not that the defendant’s negligence caused the plaintiff’s injury and 3) that the plaintiff was not responsible for the injury-causing event."
+Standard of Care,"Business Invitee, Reasonably Prudent Person or Innkeeper"
+Statute of Limitations,"In Nevada, personal injury claims must be brought within two years of the date of the accident/injury, otherwise they will be barred under the statute of limitations. If a minor is injured, he is exempted from the two-year requirement and can sue until two years after he reaches the age of majority, which is 18 in Nevada."
+Survival Action,A survival action is one that is brought by the executor of the estate for the pain and suffering felt by the now-deceased tort victim in the last moments of his life. 
+The 5 elements of intentional torts,"1) A voluntary act, 2) Intent, 3) Causation, 4) Harm or Injury, and 5) Defenses or Privileges"
+Trespass to chattels,Trespass to chattels requires a showing that the defendant intentionally inter-meddles with the chattel of the plaintiff.
+Trespass to Land,Trespass to Land requires a showing that there was physical invasion of the plaintiff’s land.
+Strict Products Liability,"A commercial supplier owes a strict duty to any foreseeable plaintiff using their product. To hold a commercial supplier liable under strict products liability there must be 1) a strict duty owed by a commercial supplier, 2) the placing of an unreasonably dangerous product into the stream of commerce, 3) causation, and 4) damages. A strict products liability cause of action can arise from a manufacturing defect, a design defect or a failure to adequately warn."
+Wrongful Death,Wrongful death is a tort action that is brought on behalf of the survivors such as loss of consortium and loss of future earnings.

data/flashcards/Trusts-Table 1.csv

@@ -1,22 +1,16 @@
 ,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
+Totten Trust,An account with a named beneficiary who will receive the contents of the trust upon the owner’s death
+Trust,A trust is an arrangement under which the trustee holds legal title to the property for the benefit of beneficiaries. Trustee has burdens and beneficiaries have benefits of property ownership. Trustee is subject to fiduciary standards and is not privileged to use the trust property as his own.
+Trust Creation,"To create a trust 1) a settlor delivers legal title of trust assets to the trustee, 2) for the benefit of beneficiaries, 3) with intent to create trust and 4) for a valid purpose."
+Res,"The corpus, principal, the subject matter matter of the trust. It must be certain and identifiable."
+Intent,Settlor must intend to create a trust relationship. Precatory language is not sufficient unless that it is coupled with so much detail that intent manifests.
+Trustee,A trustee must have capacity to deal with property. A trustee cannot delegate his position unless it is pursuant to the trust terms or the court orders it.
+Revocable Trust,"All trusts by default are irrevocable. A revocable trust allows the settlor to retain a right to revoke, alter, or amend the trust, or keep interest income. A creditor has access to any revocable trust."
+Testamentary Trust,A testamentary trust is a trust created by an enforceable promise to create a trust which is enforceable if it meets contract laws for enforcement.
+Cy Pres,If the stated charitable purpose can no longer be accomplish a trust or will may be reformed in a judicial proceeding if 1) a specific direction that no longer can be accomplished and 2) a general charitable intent that can still be accomplished that is ‘as near as possible’ to the settlor’s specific direction.
+Spendthrift Clause,"A spendthrift clause prohibits voluntary or involuntary transfers of a beneficiary’s interest in the trust. A settlor cannot be the beneficiary of a spendthrift trust. A spendthrift clause is not enforceable against 1) contracts for necessaries, 2) child support and alimony, and 3) federal tax liens."
+Trustee duties,"A trustee has a duty of loyalty, duty to invest prudently, duty to preserve and protect trust property, and a duty of impartiality."
+Trustee liability for breach,"If at trustee breaches his duty, a beneficiary can ratify the transaction and waive the breach, sue for resulting loss or potentially trace and recover property for the trust. If a trustee conveys property to a bonafide purchaser, a beneficiary cannot recover land but can seek monetary damages."
+Duty to invest Prudently,"A trustee must 1) keep trust production, 2) balance risk with return, 3) diversify assets, 4) not commingle assets, and cannot delegate investment decisions."
+Claflin doctrine,A trust can be terminated if all beneficiaries consent and no further trust purpose of the settlor is able to be served.
+Constructive Trust,A constructive trust is an equitable remedy that requires 1) wrongful conduct that would lead to 2) unjust enrichment

data/flashcards/Wills-Table 1.csv

@@ -2,21 +2,24 @@
 Testamentary Will,"A valid testamentary will in Nevada requires that 1) the testator was at least 18 years old, 2) the testator had testamentary intent and capacity, 3) the testator signed the will, 4) the signing was in the presence of two non-interested witnesses, and 5) two witnesses sign the will in the testator’s presence."
 Holographic Will,"A valid holographic will in Nevada requires that 1) all essential terms are in the testator’s writing, 2) the will is signed, and 3) the will is dated."
 Intestacy,"If a testator died intestate, or without a valid will, Nevada has laws dealing with a surviving spouse share, and surviving family share."
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
+Community Property Intestacy,"At intestate death, the deceased spouse, automatically passes his share of the community property to the surviving member of the community."
+Separate Property Intestacy,"A surviving spouse is entitled to the entire separate property if the decedent died leaving no heirs (meaning no issue, parents, siblings or children of siblings), 1/2 of the decedent’s separate property if the decedent is survived by parents, siblings, issue of siblings or a single line of lineal descent (meaning that the decedent only had one child) and 1/3 of the decedent’s separate property if the decedent is survived by two or more lines of lineal decent. "
+Codicil,Codicil is an amendment to will and must be executed with will formalities.
+Doctrine of Republication by Codicil,"The doctrine of republication by codicil states that the entire will is deemed to be executed on date of the last codicil. Revocation of the will revokes all codicil, but revocation of a codicil does not revoke the will."
+Will Contest,"A will contest must be filed within three months of the will being admitted into probate. A contest must be made with someone with standing, which is an interested party with an economic interest that would be adversely affected by the will."
+Lack of Testamentary Capacity,"A lack of testamentary capacity requires showing by contestants by a preponderance of the evidence that 1) the testator be at least 18 years old, 2) the testator understands the nature of the act he was doing, 3) the testator understand the nature and character of his property, and 4) the testator know the natural objects of his bounty"
+Undue Influence,"Undue influence requires a showing by contestant by a preponderance of the evidence that 1) the tent be susceptible to unde influence, 2) the influencer exerted influence, 3) the testator’s mind was in fact overpowered and 4) the influencing resulted in a will or gift in the will that would not have been made but for the influence."
+Forfeiture Clause,"As long as contestant has probable cause and brings the suit in good faith, he will not have his rights forfeited; however if the suit is spurious, then it is enforceable."
+Revocation of Will,"A will may be revoked by 1) a subsequent, valid testamentary instrument or 2) by physical act to the will. If the will is lost a contestant must show 1) that the will was in legal existence, 2) the cause of the will’s non-production and 3) either a copy of the will or testimony of two witnesses who have read it or heard it read."
+Dependent Relative Revocation,The dependent relative revocation permits a court to disregard an act of revocation that 1) is premised or dependent upon a mistake of law or fact as to the validity of another disposition and 2) but for the mistake the testator would not have made the revocation
+Automatic Revival of Revoked Will,"If a subsequent will that invalidated an original will becomes invalidated, the original will is not valid unless it is executed again."
+Incorporation by Reference,"A writing that is not part of the will and was not present when the will was executed can be incorporated by reference to the will if 1) the writing was in existence when the will was executed, 2) the will manifests intent to incorporate the writing and 3) the will describes the writing sufficiently to permit its identification."
+Tangible Personal Property,"A will may refer to written statement or list that disposes tangible personal property, not stocks or real estate, not specifically disposed of by the will. The list must be 1) titled, 2) signed, 3) dated, 4) describe property and beneficiaries with reasonable certainty and 5) the list must refer to the will which it relates."
+Lapse,A gift lapses if a beneficiary predeceases the testator unless it is saved by the anti-lapse statute or a residuary clause.
+Anti-Lapse statute,Anti-lapse statute requires 1) predeceasing beneficiary to be a relative of the testator and 2) predeceasing beneficiary left descendants who survived the testator.
+Lapse in Residuary Clause,"If the residuary estate is devised to two or more persons and the gift to one of them fails for any reason, the surviving residuary devises take the entire residuary estate in proportion to their interests in the residue. However, if the gift could have been subject to the anti-lapse statute, the anti-lapse statute trumps."
+Simultaneous Death,"When passage of title to property depends on priority of death, and there’s insufficient evidence to determine which person (testator and beneficiary) died otherwise that simultaneously. With wills, it is presumed the beneficiary predeceased the testator."
+Abatement,"If assets are insufficient to cover the testator’s debts, debts and administration expenses are first paid out of intestate property, then residuary assets, then general and demonstrative legacies, then specific requests."
+Ademption,"Ademption determines what happens when property bequeathed under a will is no longer in the testators estate at the time of death. Usually the gift fails, however if the beneficiary was to receive a specific bequest that was sold by the estate, the beneficiary is entitled to remaining sale proceeds."
+Latent Ambiguities,To fix a latent ambiguity a contestant may introduce extrinsic evidence.
+Pretermitted,Execution before an event. Such as a pretermitted spouse or child. A pretermitted person gets an intestate share unless the will specifically omits that person.

data/lib/hemlock/turn.rb

@@ -1,4 +1,5 @@
 require 'readline'
+require 'rainbow'
 
 module Hemlock
   class Turn
@@ -11,9 +12,9 @@ module Hemlock
       puts @flashcard.question
       guess = Readline.readline('>> ', false)
       if @flashcard.correct?(guess)
-        puts printf Rainbow('Correct').green
+        printf Rainbow('Correct').green
       else
-        puts printf Rainbow('You must submit to the quarries').red
+        printf Rainbow('You must submit to the quarries').red
         punishment
       end
     end
@@ -29,7 +30,7 @@ module Hemlock
         if @flashcard.correct?(guess)
           i += 1
         else
-          puts printf Rainbow('Who are you? Sisyphus?!').red
+          printf Rainbow('Who are you? Sisyphus?!').red
           redo
         end
       end

data/lib/hemlock/version.rb

@@ -1,3 +1,3 @@
 module Hemlock
-  VERSION = '0.0.9'
+  VERSION = '0.1.0'
 end

data/spec/hemlock/csv_to_flashcards_spec.rb

@@ -15,7 +15,7 @@ describe Hemlock::CSVtoFlashcards do
   end
 
   context '#create_flashcards' do
-    specify { expect(subject.create_flashcards('')).to_not eq [] }
+    specify { expect(subject.create_flashcards).to_not eq [] }
   end
 
   context "#replace_tildes" do

data/spec/hemlock/turn_spec.rb

@@ -4,12 +4,15 @@ describe Hemlock::Turn do
 
   subject { described_class }
   let(:flashcard) { Hemlock::Flashcard.new('blue', 'a great color') }
-  let(:flashcards) { [flashcard] }
   let(:turn) { Hemlock::Turn.new(flashcard) }
 
   context '#take_turn' do
     it 'should print correct on a correct guess' do
-      # pending
+      pending
+    end
+
+    it 'should punish the user for an incorrect guess' do
+      pending
     end
   end
 end

data/spec/spec_helper.rb

@@ -10,7 +10,7 @@ RSpec.configure do |config|
   config.order = 'random'
 end
 
-def capture_stdout &block
+def capture_stdout(&block)
   old_stdout = $stdout
   fake_stdout = StringIO.new
   $stdout = fake_stdout

metadata

@@ -1,14 +1,14 @@
 --- !ruby/object:Gem::Specification
 name: hemlock
 version: !ruby/object:Gem::Version
-  version: 0.0.9
+  version: 0.1.0
 platform: ruby
 authors:
 - Nicholas Shook
 autorequire: 
 bindir: bin
 cert_chain: []
-date: 2014-02-11 00:00:00.000000000 Z
+date: 2014-02-21 00:00:00.000000000 Z
 dependencies:
 - !ruby/object:Gem::Dependency
   name: guard-rspec