hemlock 0.0.7 → 0.0.8

checksums.yaml

@@ -1,7 +1,7 @@
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-  data.tar.gz: 9a02b9222f6232bd5ffc299bdf5c9161a1113d27
+  metadata.gz: 0d70d3bc161e504779ce0922901c0fb349de8e0c
+  data.tar.gz: 406a77437e3f6e51dee336d209fb81626f533473
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+  data.tar.gz: 792a987c0aa5c82567b07da03a59c61506f2a569a30b089094137e58b51b7494bca8741b53e0f48489d759f6a219794e657547a48785332104c3d99fab803284

data/Gemfile.lock

@@ -1,7 +1,7 @@
 PATH
   remote: .
   specs:
-    hemlock (0.0.7)
+    hemlock (0.0.8)
       gli (= 2.9.0)
       rainbow (= 1.99.1)
 
@@ -21,7 +21,7 @@ GEM
       lumberjack (~> 1.0)
       pry (>= 0.9.12)
       thor (>= 0.18.1)
-    guard-rspec (4.2.4)
+    guard-rspec (4.2.5)
       guard (~> 2.1)
       rspec (>= 2.14, < 4.0)
     listen (2.4.0)
@@ -30,7 +30,7 @@ GEM
       rb-inotify (>= 0.9)
     lumberjack (1.0.4)
     method_source (0.8.2)
-    pry (0.9.12.4)
+    pry (0.9.12.6)
       coderay (~> 1.0)
       method_source (~> 0.8)
       slop (~> 3.4)
@@ -43,9 +43,9 @@ GEM
       rspec-expectations (~> 2.14.0)
       rspec-mocks (~> 2.14.0)
     rspec-core (2.14.7)
-    rspec-expectations (2.14.4)
+    rspec-expectations (2.14.5)
       diff-lcs (>= 1.1.3, < 2.0)
-    rspec-mocks (2.14.4)
+    rspec-mocks (2.14.5)
     slop (3.4.7)
     thor (0.18.1)
     timers (1.1.0)

data/README.md

@@ -12,9 +12,5 @@ or whatever folder contains .csv flashcards.
 
 This was made by me for me to study for the bar, but if hopefully it can help others deal with one of the biggest flaws of academia/standardized testing, requiring rote memorization.
 
-## TODO
-
-* Don't care about punctuation
-
 ## Why the name?
 Hemlock is what Socrates was forced to drink to kill himself. As someone who detested writing because it erodes memory, I thought I'd dedicate my forced writing practice to him. RIP old guy.

data/flashcards/Civil Procedure-Table 1.csv

@@ -1,12 +1,12 @@
 ,
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+Removal,"A defendant may file a motion to remove a case from state court to federal court within 30 days of being served with process of the complaint. The motion for removal must be joined by all defendants, and the case may be removed only if the case could have been filed in federal court."
+Federal Subject Matter Jurisdiction (SMJ),"A federal court has SMJ if there is a federal question or if all of the defendants are diverse from the plaintiff and each other and the amount in controversy exceeds $75,000."
+Class Action Fairness Act,"In federal court, all of the class action plaintiffs’ claims may be aggregated for the purpose of diversity jurisdiction if the amount in controversy exceeds $5M."
+Remand,"A plaintiff, after a defendant has successfully removed the case, may make a motion to remand back to state court within 30 days if the removal was procedurally improper, or the federal court lacked subject matter jurisdiction"
+Insufficient Service of Process,A defendant must raise the issue of insufficient service of process in its first responsive pleading within 20 days of service of process of the complaint (or 21 days in federal court).
+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.
 ,
 ,
 ,

data/flashcards/Community Property-Table 1.csv

@@ -1,6 +1,6 @@
 ,
-,
-,
+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."
 ,
 ,
 ,

data/flashcards/Conlaw-Table 1.csv

@@ -43,7 +43,7 @@ Employment Division v. Smith test,the state can regulate or prohibit a religious
 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"
 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 malices
+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
 ,
 ,

data/flashcards/Contracts-Table 1.csv

@@ -1,22 +1,22 @@
 ,
-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
+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
-,
-,
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+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."
+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."
+Express Warranty,An express warranty can be anything that a merchant publicizes as part of his advertising efforts that he posits as true.
+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
+Quantum Meriut,Quantum Meruit is the reasonable amount of money that one can recover when the amount due is not stipulated in a contract.
 ,
 ,

data/flashcards/Criminal Law-Table 1.csv

@@ -1,14 +1,14 @@
 ,
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+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.
+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."
+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.
 ,
 ,
 ,

data/flashcards/Evidence-Table 1.csv

@@ -1,8 +1,8 @@
 ,
 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"
+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."
 ,
 ,
 ,

data/flashcards/Professional Responsibility-Table 1.csv

@@ -1,22 +1,28 @@
 ,
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+An expert’s duty of confidentiality when hired by an NA or a firm,"When an expert is hired by an attorney or firm to represent a client, the client must be informed that 1) the expert does not owe a duty of confidentiality to the client, and 2) the NA or firm is entitled to know anything privy to the expert’s opinion on the client’s matter."
+Applicable Law (PR),"Nevada attorneys (NAs) are bound by the Nevada Rules of Professional Conduct (NRCP) which are based in large part off the American Bar Association’s Model Rules of Professional Conduct. Attorneys are self governed, meaning that they regulate themselves and are obligated to report violations to the Nevada State Bar, and be able to testify as to those violations, if necessary."
+Conflict of Interest and Duty of Loyalty,"NAs owe a duty of loyalty to all of their clients, past or present. An NA has a conflict of interest (COI) when a current client’s interests are adverse to another of the NAs clients, either present or former, in a matter that is substantially related. When a COI arises, the NA owes a duty to withdraw from representation (see infra/supra) and if the NA is part of a firm the firm is disqualified subject to screening of the NA (see infra/supra). An NA may decide not to withdraw if he is able to 1) adequately represent the client’s interests, 2) without materially limiting the representation of the client, 3) reasonably inform the client of the COI, 4) obtain the written consent of all present and past clients subject to the COI, 5) inform the client about his rights to seek the advice of another NA and 6) give the client a reasonable opportunity to seek another NA about the COI."
+Duties arising with 3rd party payminte,A NA may be paid by a third party as long as that party understands that he cannot in anyway influence the NA’s representation of the client.
+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 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 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.
+Duty to Withdraw,"If an NA does not feel he can ethically, competently, or lawfully represent a client, or if the NA is materially limited in his representation of a client due to a conflict of interest (see infra/supra), the NA has a duty to withdraw from representation. If an NA determines he should withdraw from the matter, the NA must ensure the client is not detrimentally impacted by the abrupt withdrawal."
+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.
+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.

data/flashcards/Property-Table 1.csv

@@ -1,22 +1,26 @@
 ,
-Doctrine of Equitable Conversion,states that the buyer has equitable title and the seller has legal title after the sale of a contract
-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
-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,is a tenancy where each party will have a right of survivorship and the right to partition land
-Assignment,is created when a tenant transfers all of his rights to the tenancy to a third party
+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."
+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,"is created when a tenant transfers some, but not all, of his rights to a third party"
+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
-Eminent Domain,is a public taking of private property
-Implied Warranty of Habitabality,"states that the landlord will deliver and maintain premises that are safe, clean, and fit for human habitation"
+Eminent Domain,Eminent domain is a public taking of private property; it requires just compensation paid to the property-owner.
+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,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,is chattel affixed by a tenant to his rented property to advance his business or trade during his tenancy
-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
+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
 Notice (for race-notice),"1) Actual notice, 2) Constructive Notice (i.e. tracts), 3) Inquiry Notice (what he should have inquired about)"
-,
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+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."
+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."
+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."

data/flashcards/Torts-Table 1.csv

@@ -1,27 +1,33 @@
 ,
-Elements of Negligence,"1) Duty, 2) Standard of Care, 3) Breach of Duty, 4) Actual Cause, 5) Proximate Cause, 6) Damages, 7) Defenses (comparative negligence and assumption of the risk)"
-Benefit of the Bargain test,"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"
+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,is when the defendant intentionally causes harmful or offensive contact to the plaintiff or something closely related to the plaintiff
-Assault,is where the defendant intentionally places the plaintiff in reasonable apprehension of an imminent battery
+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,"is when the defendant 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,an intentional action that causes a physical invasion of the plaintiff’s land
-Trespass to chattels,is when the defendant intentionally inter-meddles with the chattel of the plaintiff
-Conversion,is a trespass to chattels action where the damages ensued require a full market-value replacement of the chattel
-Replevin,a remedy that arises to get back personal property one has been dispossessed of
+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.
+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,Defendant intentionally or recklessly engages in outrageous conduct that causes the plaintiff emotional distress
+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"
 Defenses to Negligence,"Comparative Negligence, Assumption of the risk, MBE is contributory negligence"
 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,emotional distress with physical damages due to defendant’s negligence
+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."
 "Invasion of Privacy,",Where a defendant intentionally interfere’s with the plaintiff’s sphere of privacy
-,
-,
-,
+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."
+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."

data/flashcards/Wills-Table 1.csv

@@ -1,7 +1,7 @@
 ,
-,
-,
-,
+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."
 ,
 ,
 ,

data/lib/hemlock/csv_to_flashcards.rb

@@ -4,12 +4,6 @@ require 'csv'
 module Hemlock
   class CSVtoFlashcards
 
-    def self.default_flashcard_directory
-      spec = Gem::Specification.find_by_name('hemlock')
-      gem_root = spec.gem_dir
-      folder = gem_root + '/flashcards'
-    end
-
     def self.create_flashcards(folder_name)
       folder_name = default_flashcard_directory if folder_name.empty?
       folder_name = self.replace_tildes(folder_name)
@@ -20,6 +14,14 @@ module Hemlock
       return flashcards.flatten
     end
 
+    private
+
+    def self.default_flashcard_directory
+      spec = Gem::Specification.find_by_name('hemlock')
+      gem_root = spec.gem_dir
+      folder = gem_root + '/flashcards'
+    end
+
     def self.from_file(file)
       flashcards = []
       CSV.read(file).each do |row|

data/lib/hemlock/version.rb

@@ -1,3 +1,3 @@
 module Hemlock
-  VERSION = '0.0.7'
+  VERSION = '0.0.8'
 end

metadata

@@ -1,14 +1,14 @@
 --- !ruby/object:Gem::Specification
 name: hemlock
 version: !ruby/object:Gem::Version
-  version: 0.0.7
+  version: 0.0.8
 platform: ruby
 authors:
 - Nicholas Shook
 autorequire: 
 bindir: bin
 cert_chain: []
-date: 2014-02-02 00:00:00.000000000 Z
+date: 2014-02-10 00:00:00.000000000 Z
 dependencies:
 - !ruby/object:Gem::Dependency
   name: guard-rspec
@@ -89,7 +89,6 @@ files:
 - lib/hemlock/csv_to_flashcards.rb
 - lib/hemlock/flashcard.rb
 - lib/hemlock/version.rb
-- results.html
 - spec/hemlock/csv_to_flashcards_spec.rb
 - spec/hemlock/flashcard_spec.rb
 - spec/spec_helper.rb