18 USC 2251 (a) and (e) Protection of Children Against Sexual Exploitation Act of 1977 15-30
18 USC 1470 transfer obscene material to minors 10 max
18 USC 2252A (a) (2) and (b) knowingly receive or distribute child porn 5-20
18 USC 2252A (a) (5) (B) and 2252A (b) (2) access with intent to view max 10
18 USC 3509 (m) any CP stays in custody of government
18 USC 2256 (2) (E) "lascivious exhibition"
18 USC 2256 (8) "is or appears to be" Ashcroft v. Free Speech Coalition
USSG 2G2.2
4th A
1st A
18 USC 2510-22 Wiretap Act
18 USC 2701-12 Stored Communications Act
18 USC 3121-27 Pen Register and Trap and Trace
Winters v. New York 1948 magazine with bloodshed too vague
Roth v. US 1957 obscenity not protected. "prurient interests" applying "contemporary community standards"
Ginzburg v. US 1966 marketing product as obscene supports finding of obscene
Memoirs v Mass 1966 Fanny Hill has redeeming social value
Stanley v. Georgia 1969 Private possession of pornography is legal
Miller v. California 1973 obscenity: 1 prurient interests applying community standards 2 portrays sex or excretory functions 3 No LAPS
New York v. Ferber 1982 child pornography may be banned
Osborne v. Ohio 1990 all levels of distribution chain including possession of CP banned
Jacobson v. US 1992 Entrapment on CP based on entreaties to political freedom
Ashcroft v. Free Speech Coalition 2002 But not the computer generated for possession. Strikes down "appears to be" and "conveys the impression" it is a minor
US v. Williams 2008 pandering CP illegal even without possession
FCC v. Fox 2009 FCC may ban fleeting expletives
US v. Stevens 2010 depictions of animal cruelty language in animal crush overbroad
child porn:
Post 5th 1987 "lascivious" definition 6 factors
Villarreal 5th 1992
Kimbrough 5th 1995
Paige 5th 1998 age may be determined by lay jury without expert
Katz 5th 1999
Kallestad 5th 2000
Fox 5th 2001 not void for vagueness
Runyon 5th 2001
Grimes 5th 2001
Planck 5th 2007
Schales 9th 2008
Radley SD Tex 2009
Dickson 5th 2011
Winkler 5th 2011
Indictment cases:
Rubio 5th 1987
Buchanan 5th 2007 multiplicitous
Dodge 11th 2010
Search cases:
Hill 5th 1994
Steve Jackson Games v. Secret Service 5th 1994
Denman 5th 1995
Grosenheider 5th 2000
In re Search of Law Office 5th 2003
Froman 5th 2004
Slanina 5th 2004
Flanders 5th 2006
Perez 5th 2007
Winkler 5th 2011
Saturday, December 24, 2011
Friday, December 23, 2011
Memory palace Federal Rules of Criminal Procedure
1. Tie hanging on antique lamp. Ape with a scope swings from one side. Mr. Bean with a dictionary swings from the other.
2. Noah standing on the power box in the corner. He has a box of juice pouring it on a dirt nation.
3. Ma is showing off the plaque on the corner of the Alonso building. The plaque is a written complaint charging a crime.
4. A loaf of rye breead is lying over a double globe lamp. The loaf of rye bread is animate and getting ready to serve a search warrant. One hand has a an ape and the other Mr. Bean.
5. A lei is wrapped around the dental cornice on the corner of the building. Hanging from it is an illegal immigrant who is trying to avoid dropping down into his first appreance after an arrest. The lei has a big finger and points to a tie wrapped around a big ear.
6. A giant red stilleto shoe fills the whole door in the green gate going into the wall. The grand jurors are crawling under the shoe to get in.
7. There is an orange tree and a key is opening the orange. When the key is turned an indictment jumps out and says April Fool, M.F.
8. On the for sale sign, the ivy is growing up to cover the sign. The ivy is so thick, it ties a bunch of defendants up on the sign together and it ties up a lot of counts together.
9. Around the Santa flag a bee circles and circles, really fast, and then it spins off and stings someone and that puts his heart into arrest and he drops dead, with a ape in one hand and Mr. Bean in the other.
10. Passing a tall cactus, I notice that every spine on the cactus has a human toe stuck on it. These are toes of people have been arraigned. Now an arraignment says you need to have a copy of the indictment, it must be read to the person, he must plead to it and then they cut off a toe and put it on the cactus.
11. Passing satellite dish, I notice a big fat tit bird has made is sitting in the cup of the dish. He is like a parrot in that he has learned to talk. He keeps saying, guilty, not guilty, nolo contendere
12. There are two very steep porch roofs, one after another. I notice by surpise, they are covered with tin. Banging around on strings tied to the roof are pretrial motions from apples to eggs. The tin roof has a big finger that comes out and points at a guy with a tie who says, "I have an alibi." It points at Noah who has gone crazy. It points a Ma who says, "The FBI told me to do it." It points to a rye sandwich being eaten by a corporate CEO, who then has to tell us who his parents are.
13. A tire cut to look like a flower pot holding a tree pops up and it is a tomb. When you open the tomb door, you see that all of the defendants and offense have been chopped up and put in there together.
14. A big tear falls down from the curved street light. When I ask why he is crying, he waives to all the other street lights and says the judge is making them all go to trial at the same time.
15. A towel is flapping from the end of an American flag. We are flying the white flag to give free passage to the material witness who just wants to go home.
16. A hand reaches up to touch the bottom of the net on the basket ball goal. Then it pulls itself up and looks in through the rim and discovers apples through grapes.
17. A big fat tick that barely fits on the wheelchair ramp roles all the way up the ramp and then gives the guy in the wheelchair at the time of the ramp a subpoena. The tick points to some people have a conference call and wearing ties.
18. Two ceramic swans are watching TV. They are saying, "What a shame, a swan should be tried in a pond where the slime is committed."
19. A stuff bear is floating in a big ceramic bathroom tub, drowned. He is certainly reserved.
20. A black pit bull squats to take a shit, and when he does a nose comes out. The nose is that of a guy who wanted to plead guilty where he was arrested, but the dog ate him first.
21. The the jockey was holding out a nut. I took it and ate it, but it was a magic nut and I was immediately transferred from an ape to Mr. Bean to a sea to a deer.
22. A nun is plastered up against a red door. She is transferred all over and has no meaning.
23. A gnome is hanging by a chain around his neck. A little jury is sitting they watching him strangle. At first there are 12, but one runs away.
24. Nero is sitting in an HEB shopping cart. He is picking his own jury. There are many out there but he burns up six of them.
25. A monster nail goes clear through one yellow little house and nails it to another little yellow house. A judge is sitting on the nail, but another one comes and knocks him off and climbs up and starts sitting on the nail.
26. A nacho is sitting on a blue bench waiting for the bus. While he is there he makes the other bus riders getting ready to get on the bus take an oath and testify into a tape recorder. He says the tape recorder has a name, "Open court." The nacho is pointing at a foreign lawyer wearing a tie. The nacho is pointing at noah who is pulling a witnesses statement out of his ass. The nacho is pointing at Ma who introduces her daughter, little Miss Trial who is very vain and wants both the lawyer and the prosecutor on each hand to give her consent to marry.
27. The angel leans her head back and shows her neck. Tattooed across her neck it says, "Official Record."
28. A long bowie knife slices the agave plant off at the base. The plant is perfectly bilingual and starts complaining in Spanish and then tranlating to English.
29. A nib filled with ink colors in the plywood covering the windows with thick black ink. There are four windows, ape through deer. Out of each one is an innocent person who has been judged acquitted. The nib points at two sides arguing with each other with ties on.
30. A seven foot tall mouse stands at the door of the restaurant. The mouse is instructing the jurors to go in and eat. Walking them through the doors like bailiffs are ape through deer.
31. A magic flying welcome mat lifts me up and carries me over to the barber pole. Written on the red stripe of the barber pole is a jury verdict, ape through deer.
Down sixth street to federal courthouse.
32 Moon on Peter's sign. Sentencing and judgment 32.1 Revoking probation 32.2 criminal forfeiture
33 Mummy jumping out from corner of house has arisen from the dead. New Trial
34 Mower cutting down bushes on side of house. Has cardiac arrest and falls down on judge eating a mint.
35 Mule waives a magic wand and makes a sandwich tiny. Correcting or reducing sentence
36 Match burning up trees on corner. Clerical error. A priest with a calculator made a mistake.
37 Mike. reserved
38 Mafia don stares at a sandwich. Staying a Sentence or Disability
39 Mop reserved.
40 Rose hanging from window at Anthony's office. A guy has a heart attack and falls clear into another district.
41 Rat giant laying on curved driveway has stuff hidden in its fur and we search and seize it.
42 Rain forest in yard full of plants. A contemptuous criminal is hiding out in there.
43 Ram runs all over an empty lot knocking down for sale sign. He has defendant on his back. Defendants Presence When Required When not required.
44 Rower rings the bell in the tower every time he rows. He is pulling a lawyer to a client. Right to and Appointment of counsel.
45 Rail road runs through road. Train shrinks time. Computing and extending time.
46 Roach sits over the tortilla factory. Alejandrina rides on its back. Release from custody; supervising custody.
47 Rake pushes around motions and affidavits.
48 On the roof, missles are shooting off, fast. Dismissal. Unnecessary delay.
49 Rope is a waiter serving paper plates and then taking a file and filing them down.
50 Louse is carrying defendant really fast on his shoulders. Prompt disposition of criminal cases.
51 Loot is brought up to the judge and passed to him to preserve error
52 Lion is harmless and plain and always wrong
53 Lamb is trying to take photographs in the courtroom when he is shot.
54 Lyre teleports to the tie.
55 Lily has records hanging down from it.
56 Leech coming out of the driveway has door opening to get into Court
57 A lake in the hallway has the local rules down at the bottom. District Court Rules.
58 Lava spews out petting fences and other Miss Dimers.
59 Mustache, on roof with Felix' face. Magistrate.
60 Cheese. Slab with victim lying on it. Victim rights.
61 Sheet waiving in front of courthouse with Federal Rules of Criminal Procedure written on it.
2. Noah standing on the power box in the corner. He has a box of juice pouring it on a dirt nation.
3. Ma is showing off the plaque on the corner of the Alonso building. The plaque is a written complaint charging a crime.
4. A loaf of rye breead is lying over a double globe lamp. The loaf of rye bread is animate and getting ready to serve a search warrant. One hand has a an ape and the other Mr. Bean.
5. A lei is wrapped around the dental cornice on the corner of the building. Hanging from it is an illegal immigrant who is trying to avoid dropping down into his first appreance after an arrest. The lei has a big finger and points to a tie wrapped around a big ear.
6. A giant red stilleto shoe fills the whole door in the green gate going into the wall. The grand jurors are crawling under the shoe to get in.
7. There is an orange tree and a key is opening the orange. When the key is turned an indictment jumps out and says April Fool, M.F.
8. On the for sale sign, the ivy is growing up to cover the sign. The ivy is so thick, it ties a bunch of defendants up on the sign together and it ties up a lot of counts together.
9. Around the Santa flag a bee circles and circles, really fast, and then it spins off and stings someone and that puts his heart into arrest and he drops dead, with a ape in one hand and Mr. Bean in the other.
10. Passing a tall cactus, I notice that every spine on the cactus has a human toe stuck on it. These are toes of people have been arraigned. Now an arraignment says you need to have a copy of the indictment, it must be read to the person, he must plead to it and then they cut off a toe and put it on the cactus.
11. Passing satellite dish, I notice a big fat tit bird has made is sitting in the cup of the dish. He is like a parrot in that he has learned to talk. He keeps saying, guilty, not guilty, nolo contendere
12. There are two very steep porch roofs, one after another. I notice by surpise, they are covered with tin. Banging around on strings tied to the roof are pretrial motions from apples to eggs. The tin roof has a big finger that comes out and points at a guy with a tie who says, "I have an alibi." It points at Noah who has gone crazy. It points a Ma who says, "The FBI told me to do it." It points to a rye sandwich being eaten by a corporate CEO, who then has to tell us who his parents are.
13. A tire cut to look like a flower pot holding a tree pops up and it is a tomb. When you open the tomb door, you see that all of the defendants and offense have been chopped up and put in there together.
14. A big tear falls down from the curved street light. When I ask why he is crying, he waives to all the other street lights and says the judge is making them all go to trial at the same time.
15. A towel is flapping from the end of an American flag. We are flying the white flag to give free passage to the material witness who just wants to go home.
16. A hand reaches up to touch the bottom of the net on the basket ball goal. Then it pulls itself up and looks in through the rim and discovers apples through grapes.
17. A big fat tick that barely fits on the wheelchair ramp roles all the way up the ramp and then gives the guy in the wheelchair at the time of the ramp a subpoena. The tick points to some people have a conference call and wearing ties.
18. Two ceramic swans are watching TV. They are saying, "What a shame, a swan should be tried in a pond where the slime is committed."
19. A stuff bear is floating in a big ceramic bathroom tub, drowned. He is certainly reserved.
20. A black pit bull squats to take a shit, and when he does a nose comes out. The nose is that of a guy who wanted to plead guilty where he was arrested, but the dog ate him first.
21. The the jockey was holding out a nut. I took it and ate it, but it was a magic nut and I was immediately transferred from an ape to Mr. Bean to a sea to a deer.
22. A nun is plastered up against a red door. She is transferred all over and has no meaning.
23. A gnome is hanging by a chain around his neck. A little jury is sitting they watching him strangle. At first there are 12, but one runs away.
24. Nero is sitting in an HEB shopping cart. He is picking his own jury. There are many out there but he burns up six of them.
25. A monster nail goes clear through one yellow little house and nails it to another little yellow house. A judge is sitting on the nail, but another one comes and knocks him off and climbs up and starts sitting on the nail.
26. A nacho is sitting on a blue bench waiting for the bus. While he is there he makes the other bus riders getting ready to get on the bus take an oath and testify into a tape recorder. He says the tape recorder has a name, "Open court." The nacho is pointing at a foreign lawyer wearing a tie. The nacho is pointing at noah who is pulling a witnesses statement out of his ass. The nacho is pointing at Ma who introduces her daughter, little Miss Trial who is very vain and wants both the lawyer and the prosecutor on each hand to give her consent to marry.
27. The angel leans her head back and shows her neck. Tattooed across her neck it says, "Official Record."
28. A long bowie knife slices the agave plant off at the base. The plant is perfectly bilingual and starts complaining in Spanish and then tranlating to English.
29. A nib filled with ink colors in the plywood covering the windows with thick black ink. There are four windows, ape through deer. Out of each one is an innocent person who has been judged acquitted. The nib points at two sides arguing with each other with ties on.
30. A seven foot tall mouse stands at the door of the restaurant. The mouse is instructing the jurors to go in and eat. Walking them through the doors like bailiffs are ape through deer.
31. A magic flying welcome mat lifts me up and carries me over to the barber pole. Written on the red stripe of the barber pole is a jury verdict, ape through deer.
Down sixth street to federal courthouse.
32 Moon on Peter's sign. Sentencing and judgment 32.1 Revoking probation 32.2 criminal forfeiture
33 Mummy jumping out from corner of house has arisen from the dead. New Trial
34 Mower cutting down bushes on side of house. Has cardiac arrest and falls down on judge eating a mint.
35 Mule waives a magic wand and makes a sandwich tiny. Correcting or reducing sentence
36 Match burning up trees on corner. Clerical error. A priest with a calculator made a mistake.
37 Mike. reserved
38 Mafia don stares at a sandwich. Staying a Sentence or Disability
39 Mop reserved.
40 Rose hanging from window at Anthony's office. A guy has a heart attack and falls clear into another district.
41 Rat giant laying on curved driveway has stuff hidden in its fur and we search and seize it.
42 Rain forest in yard full of plants. A contemptuous criminal is hiding out in there.
43 Ram runs all over an empty lot knocking down for sale sign. He has defendant on his back. Defendants Presence When Required When not required.
44 Rower rings the bell in the tower every time he rows. He is pulling a lawyer to a client. Right to and Appointment of counsel.
45 Rail road runs through road. Train shrinks time. Computing and extending time.
46 Roach sits over the tortilla factory. Alejandrina rides on its back. Release from custody; supervising custody.
47 Rake pushes around motions and affidavits.
48 On the roof, missles are shooting off, fast. Dismissal. Unnecessary delay.
49 Rope is a waiter serving paper plates and then taking a file and filing them down.
50 Louse is carrying defendant really fast on his shoulders. Prompt disposition of criminal cases.
51 Loot is brought up to the judge and passed to him to preserve error
52 Lion is harmless and plain and always wrong
53 Lamb is trying to take photographs in the courtroom when he is shot.
54 Lyre teleports to the tie.
55 Lily has records hanging down from it.
56 Leech coming out of the driveway has door opening to get into Court
57 A lake in the hallway has the local rules down at the bottom. District Court Rules.
58 Lava spews out petting fences and other Miss Dimers.
59 Mustache, on roof with Felix' face. Magistrate.
60 Cheese. Slab with victim lying on it. Victim rights.
61 Sheet waiving in front of courthouse with Federal Rules of Criminal Procedure written on it.
1
Sunday, December 18, 2011
Rule 803 Hearsay exceptions -- declarant available
803 fuse ma f=8, s=0, m=3
Ma was born conjoined. There are two of her and she has four hands and four feet. She is very permissive and wants to let the horsey in the house whether or not there is a rider (she weirdly calls the riders "declarants") who can witlessly voice his desire to enter the house. She is buddies with Nero (24) and there are 24 reasons she will accept the let the horsey in.
Rule 803: The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
Ma was born conjoined. There are two of her and she has four hands and four feet. She is very permissive and wants to let the horsey in the house whether or not there is a rider (she weirdly calls the riders "declarants") who can witlessly voice his desire to enter the house. She is buddies with Nero (24) and there are 24 reasons she will accept the let the horsey in.
Rule 803: The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
Rule 805: fossil-- a horsey within a horsey
805 fossil f=8, s=0, l=5.
We go to a big museum and they have a full fossil of the skeleton of T-rex. We notice that inside the fossil's stomach there is a horsey. We reach inside and pop the top off the horsey and there is another, smaller one, inside that. We ask how those horseys got in the fossil and are told that each part of the combination of horseys conforms to an exception to the rule. We look over at fusema (803) and the police officer (804) and they both nod that this is true.
Rule 805. Hearsay within hearsay.
Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule.
Rule 805. Hearsay within hearsay.
Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule.
903 possum is subscribing witness to a will
possum p=9, s=0, m=3. You have a friend who is an idiot lawyer, but he said he would help you with your will, because he writes a lot of wills. You wait for the subscribing witnesses to show up to witness the will and in walks a giant possum. You wonder how he will testify later and the lawyer tells you a subscribing witnesses testimony is unnecessary, unless the Texas Ranger outside wants it.
Rule 903. Subscribing Witness's Testimony
A subscribing witness's testimony is necessary to authenticate a writing only if required by the law of the jurisdiction that governs its validity.
A subscribing witness's testimony is necessary to authenticate a writing only if required by the law of the jurisdiction that governs its validity.
Saturday, December 17, 2011
Rule 801(a) Straight Man ape waiving around his fist
(a) is ape. The ape comedian, waiving his fists in the air, insisted on telling everyone what a straightman was.
A straight man moans a purse's oral insertion, written insertion or non-gerbil insertion, if the purse intended it as an insertion.
The straight man ran away from his comedian and moaned sadly that he had found a purse with a mouth on it that you could use as a microphone and talk into it. You could also put letters in it like a letter box. But you could not put in gerbils, but any non-gerbils, like maybe a hamster that could conduct an orchestra, you could put in if the purse wanted to do so and intended it as an insertion.
A statement means a person's oral assertion, written assertion or non-verbal conduct, if the person intended it as an assertion
Rule 602. Need for purse on a nail and noah on a ledge
A witless may testicle to a mother only if oven dance is in throw dice suffering chanter to sup with a whore a findling that the witless has purse on a nail noah on a ledge of the mother.
A witness my testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.
Rule 401: an elephant oven dance
Rule 401: Rust 4=r, s=0, t=1. A rust covered elephant sits on top a dancing oven.
Elephant oven dance means oven dance having any tenderloin to make the exit dance of any fax that is of convict putting blocks in sequence to the dirt nation of the axe more potable or less potable than it would be without the oven dance.
"Relevant evidence" means evidence having any tendency to make the existence of any fact is a consequence to the determination of the action more probable or less probable than it would be without the evidence.
Restyled Rules:
Rule 401: Testes for elephant oven dance.
Oven dance is elephant if:
ape: it has any tenderloin to make a fax more or less potable than it would be without the oven dance
bean: the fax is of convict putting blocks in sequence in dirt nation of the axe.
Rule 401: Test for Relevant Evidence
Eviudence is relevant if:
(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and
(b) the fact is of consequence in determining the action.
Elephant oven dance means oven dance having any tenderloin to make the exit dance of any fax that is of convict putting blocks in sequence to the dirt nation of the axe more potable or less potable than it would be without the oven dance.
"Relevant evidence" means evidence having any tendency to make the existence of any fact is a consequence to the determination of the action more probable or less probable than it would be without the evidence.
Restyled Rules:
Rule 401: Testes for elephant oven dance.
Oven dance is elephant if:
ape: it has any tenderloin to make a fax more or less potable than it would be without the oven dance
bean: the fax is of convict putting blocks in sequence in dirt nation of the axe.
Rule 401: Test for Relevant Evidence
Eviudence is relevant if:
(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and
(b) the fact is of consequence in determining the action.
memory pegs 0-100
0 saw a handsaw
1 tie
2 Noah
3 ma
4 rye
5 lei, low
6 shoe
7 key
8 ivy
9 bee, pea
00 sauce
01 seed
02 sun
03 semi
04 sari
05 silo
06 sash
07 sock
08 safe
09 sub
10 toes
11 tot, a baby, tit a bird
12 tin
13 tomb, tum
14 tear, tire
15 tail (dog's wagging), towel
16 touch, tissue
17 tick
18 TV
19 tub
20 nose
21 nut
22 nun
23 gnome garden gnome
24 Nero Roman Emperor - wearing toga
25 nail
26 nacho
27 neck
28 knife
29 nib old fashioned writing implement
30 mouse (white, because later we have a black rat)
31 mat
32 moon
33 mummy Egyptian mummy
34 mower Lawn mower
35 mule
36 match
37 mike microphone
38 mafia Don Corleone
39 mop
40 rose
41 rat (black)
42 rain
43 ram
44 rower
45 rail
46 roach
47 rake garden rake
48 roof
49 rope
50 louse, lice
51 loot
52 lion
53 lamb
54 lyre
55 lily
56 leech
57 lake
58 lava
59 lip
60 cheese
61 sheet
62 chain
63 chime Wind chimes
64 chair
65 cello
66 Cheech
67 choke
68 chef
69 ship
70 kiss
71 cat (of nine tails)
72 can
73 comb
74 car
75 coal
76 coach (Sandusky)
77 cake
78 coffee
79 cob
80 fez
81 foot
82 fan
83 foam
84 fire
85 file (cabinet)
86 fish
87 fig
88 fife
89 fob
90 bus
91 bat
92 bone
93 bum
94 bear
95 bell
96 beach
97 book
98 puff of smoke
99 pipe
100 disease
1 tie
2 Noah
3 ma
4 rye
5 lei, low
6 shoe
7 key
8 ivy
9 bee, pea
00 sauce
01 seed
02 sun
03 semi
04 sari
05 silo
06 sash
07 sock
08 safe
09 sub
10 toes
11 tot, a baby, tit a bird
12 tin
13 tomb, tum
14 tear, tire
15 tail (dog's wagging), towel
16 touch, tissue
17 tick
18 TV
19 tub
20 nose
21 nut
22 nun
23 gnome garden gnome
24 Nero Roman Emperor - wearing toga
25 nail
26 nacho
27 neck
28 knife
29 nib old fashioned writing implement
30 mouse (white, because later we have a black rat)
31 mat
32 moon
33 mummy Egyptian mummy
34 mower Lawn mower
35 mule
36 match
37 mike microphone
38 mafia Don Corleone
39 mop
40 rose
41 rat (black)
42 rain
43 ram
44 rower
45 rail
46 roach
47 rake garden rake
48 roof
49 rope
50 louse, lice
51 loot
52 lion
53 lamb
54 lyre
55 lily
56 leech
57 lake
58 lava
59 lip
60 cheese
61 sheet
62 chain
63 chime Wind chimes
64 chair
65 cello
66 Cheech
67 choke
68 chef
69 ship
70 kiss
71 cat (of nine tails)
72 can
73 comb
74 car
75 coal
76 coach (Sandusky)
77 cake
78 coffee
79 cob
80 fez
81 foot
82 fan
83 foam
84 fire
85 file (cabinet)
86 fish
87 fig
88 fife
89 fob
90 bus
91 bat
92 bone
93 bum
94 bear
95 bell
96 beach
97 book
98 puff of smoke
99 pipe
100 disease
abstract to concrete words for rules of evidence
judgment-----a judge in a robe eating a mint
sentence------sandwich
testify----- testicle
evidence -----oven dance
introduced----- in throw dice
matter----- mother
finding-----findling
witness-----witless
sufficient----- suffering chanter
support------ supping whore
relevant------ elephant
personal------ purse on a nail
knowledge---- noah on a ledge
consequence--- convict putting blocks in sequence
determination---- dirt nation
action---- axe
tendency-----tenderloin
existence----exit dance
fact----- fax
probable-----potable
person------purse
assertion-----insertion
nonverbal----not gerbil
statement----straight man
sentence------sandwich
testify----- testicle
evidence -----oven dance
introduced----- in throw dice
matter----- mother
finding-----findling
witness-----witless
sufficient----- suffering chanter
support------ supping whore
relevant------ elephant
personal------ purse on a nail
knowledge---- noah on a ledge
consequence--- convict putting blocks in sequence
determination---- dirt nation
action---- axe
tendency-----tenderloin
existence----exit dance
fact----- fax
probable-----potable
person------purse
assertion-----insertion
nonverbal----not gerbil
statement----straight man
Memory pegs Rules 1001-1008
1001 deceased
1002 diocesan
1003 toss sam
1004 tease sara
1005 toes silo
1006 Dee's sash
1007 Dee's sock
1008 decisive
1002 diocesan
1003 toss sam
1004 tease sara
1005 toes silo
1006 Dee's sash
1007 Dee's sock
1008 decisive
Memory pegs Rules 801-807
801 fist
802 fasten
803 fuse ma
1 tie
2 noah
3 ma
4 rye
5 lei, low
6 shoe
7 key
8 ivy, far
9 bee, pea
10 toes
11 tit, tot
12 tin
13 tomb, tum
14 tear, tire
15 towel
16 touch, tissue
17 tick
18 TV
19 tub
20 nose
21 nut
22 nun
23 gnome
Tex 24 Nero
804 officer
805 fossil
806 face show
807 fiasco
802 fasten
803 fuse ma
1 tie
2 noah
3 ma
4 rye
5 lei, low
6 shoe
7 key
8 ivy, far
9 bee, pea
10 toes
11 tit, tot
12 tin
13 tomb, tum
14 tear, tire
15 towel
16 touch, tissue
17 tick
18 TV
19 tub
20 nose
21 nut
22 nun
23 gnome
Tex 24 Nero
804 officer
805 fossil
806 face show
807 fiasco
Memory pegs Rules 601-615
601 chaste
602 chosen
603 chisme
604 Chaucer
605 chisel
606 cheese chew
607 Jessica
608 Joseph
609 chess bee
610 cheetahs
611 jaded
612 sheet noah
613 show time
fed 614 shooter Calling and Interrogation of Witnesses by Court
tex 614 shooter The Rule
fed 615 shuttle The Rule
tex 615 shuttle witness statements after testimony = 26.2
602 chosen
603 chisme
604 Chaucer
605 chisel
606 cheese chew
607 Jessica
608 Joseph
609 chess bee
610 cheetahs
611 jaded
612 sheet noah
613 show time
fed 614 shooter Calling and Interrogation of Witnesses by Court
tex 614 shooter The Rule
fed 615 shuttle The Rule
tex 615 shuttle witness statements after testimony = 26.2
Memory pegs Rules 501-513
501 lust
502 listen
503 wholesome
504 laser
505 lazily
506 louse shoe
507 Alaska
508 elusive
509 lisp
510 lights
511 loathed
512 latin
513 seldom
502 listen
503 wholesome
504 laser
505 lazily
506 louse shoe
507 Alaska
508 elusive
509 lisp
510 lights
511 loathed
512 latin
513 seldom
Memory pegs Rules 401-415
401 rust
402 raisin
403 resumé
404 razor
405 wrestle
406 horseshoe
407 risk
408 receive
409 rasp
tex 410 roots nolo
fed 410 roots guilty
411 redhead
412 rattan
fed 413 radium
fed 414 rioter
fed 415 rattle
402 raisin
403 resumé
404 razor
405 wrestle
406 horseshoe
407 risk
408 receive
409 rasp
tex 410 roots nolo
fed 410 roots guilty
411 redhead
412 rattan
fed 413 radium
fed 414 rioter
fed 415 rattle
Memory pegs Rules 301 and 302
fed 301 mist
fed 302 mason
Texas doesn't have any presumptions under Article III and with the feds, they only apply to civil cases.
So first we have Thomas Jefferson wandering around is a thick mist carrying a heavy backpack. Mist is 301, m=3, s=0, 1=t. Even in the mist, Jefferson knows that he can presume the backpack is still there because he can feel it and see the straps. He knows he has to give evidence of that. But he can't shift the burden to anyone else and make them carry the pack.
Jefferson then trips over a stonemason chipping on a large block of rock shaped like the State of Texas. Mason is 302, m=3, s=0, n=2. The mason tells him state law controls presumptions.
fed 302 mason
Texas doesn't have any presumptions under Article III and with the feds, they only apply to civil cases.
So first we have Thomas Jefferson wandering around is a thick mist carrying a heavy backpack. Mist is 301, m=3, s=0, 1=t. Even in the mist, Jefferson knows that he can presume the backpack is still there because he can feel it and see the straps. He knows he has to give evidence of that. But he can't shift the burden to anyone else and make them carry the pack.
Jefferson then trips over a stonemason chipping on a large block of rock shaped like the State of Texas. Mason is 302, m=3, s=0, n=2. The mason tells him state law controls presumptions.
Memory Pegs Rules 201, 202, 203, 204 Judicial Notice
201 nest
tex 202 insane other states
tex 203 enzyme foreign countries
tex 204 nose ray city and county ordinances
Like a big bird, the judge sits in a big bird's nest on the ledge with all the baby birds, but he notices everything, because he is using binoculars.
It's insane to get off the bucking bronc and walk to other states.
An enzyme needs to be added to your gasoline to get you across the border to Mexico.
You have a nose ray that can burn right into city hall and burn up the ordinance book published there.
tex 202 insane other states
tex 203 enzyme foreign countries
tex 204 nose ray city and county ordinances
Like a big bird, the judge sits in a big bird's nest on the ledge with all the baby birds, but he notices everything, because he is using binoculars.
It's insane to get off the bucking bronc and walk to other states.
An enzyme needs to be added to your gasoline to get you across the border to Mexico.
You have a nose ray that can burn right into city hall and burn up the ordinance book published there.
Memory Pegs Rules 101- 107 General Provisions
fed 101 deist
tex 101 deist dear = 1101 1103
102 dozen
fed 103 autism (a) (2) renew objection
tex 103 autism (d) fundamental
104 Tsar a, b, c, d, e
fed 105 tassel
tex 105 tassel a, b
106 dosage
tex 106 dosage deposition
tex 107 toe sack
Rule 102 under the peg system can be "dozen." 1=d, 0=z, 3=n. Think of a dozen porpoises in the water building a porpoise playground to get to "Purpose and Construction."
Rule 103 has an ape, a bean, a sea and a deer. "Autism" is t=1, s=0 and m=3. Dustin Hoffman in "Rainman" suffers from autism. He can remember every card dealt in the casino. The Texas Rules pretty well require this type of ability to preserve error. He takes a Ruler and draws lines all over the oven dancing: Rulings on Evidence." The ape is standing in front of the judge letting him make mistakes so there is no Effect of his Erroneous Ruling. The bean is slapping a lawyer a telling him to get the jury out of the courtroom so he can make his record. The sea is where we dump the jury so they can not hear the rulings of the court. And the deer is being shot with an arrow (error). One shot comes from Thomas Jefferson sending plain arrow. The other one is from the guy on the bucking bull shooting a fun (fundamental) arrow.
Rule 104 is the Tsar. T=1, s=0, r=4. I know we don't pronounce the T, but since we've spelled it in this less common way, I can remember it. This involves a little Tsar running into the classroom before any of the other students and asking a lot of questions. These are Preliminary Questions.
There is an ape at the door deciding who gets in. He is keeping out babies and imbeciles, because they are not learned enough to testify. He keeps out spouses and priests and lawyers, because they have a privilege.
The bean is at another door letting people in because they have promised to send a fax (prove a fact) later that will make an oven dance on an elephant (make the evidence relevant). (By the way, the Restyled Federal Rules are much clearer than the old rules and the Texas Rules in this Article).
The sea swallows up the jury so they cannot hear the preliminary questions.
The deer allows the accused to testify only about the preliminary matter and then grabs his mouth when he is asked about other stuff.
The eye is a big floating eye watching the preliminary hearing, but it floats into the trial in front of the jury and watches the accused throw in the dice (introduce) the oven dance (evidence) on a big bathroom scale (the weight) and it also stomps all over a credit card bill (credibility). So, the party can introduce evidence relevant to weight and credibility.
Rule 105 is a tassle. t=1, s=0, l=5. This guy was wearing those little tassles on his shoes and the host of the party was so embarrassed he would only let him in on a limited basis.
The Texas Rule 105 has the guy trying to ride into the party on a bull with tassels on his cowboy boots. This time he is kept out, but the ape wants it clear that he can't complain to anyone (appeal) and the bean wants it clear it is not the host's (judge's) fault, no matter how wrong he is.
Rule 106 is dosage. d=1, s=0, g=6. The pharmacist ordered the man to cure his ailment by eating the telephone book. The doctor came along and said, if he ate part of it, now he has to eat the whole thing. Remainder of or related writings or recorded statements. The Texas doctor rode in on his bull and said the guy had to eat depositions, too.
Texas Rule 107 is toe sack. t=1, s=0, k=7. This is a sack half full of chopped off toes. It has a big flag of Texas on the side of the sack, because it is only a Texas rule. Once you have a sack half full of chopped off toes, anybody can come along and put all of the rest of the chopped off toes in the sack. If it has letters or tape recordings, all the rest of those can be put in, too.
tex 101 deist dear = 1101 1103
102 dozen
fed 103 autism (a) (2) renew objection
tex 103 autism (d) fundamental
104 Tsar a, b, c, d, e
fed 105 tassel
tex 105 tassel a, b
106 dosage
tex 106 dosage deposition
tex 107 toe sack
Rule 102 under the peg system can be "dozen." 1=d, 0=z, 3=n. Think of a dozen porpoises in the water building a porpoise playground to get to "Purpose and Construction."
Rule 103 has an ape, a bean, a sea and a deer. "Autism" is t=1, s=0 and m=3. Dustin Hoffman in "Rainman" suffers from autism. He can remember every card dealt in the casino. The Texas Rules pretty well require this type of ability to preserve error. He takes a Ruler and draws lines all over the oven dancing: Rulings on Evidence." The ape is standing in front of the judge letting him make mistakes so there is no Effect of his Erroneous Ruling. The bean is slapping a lawyer a telling him to get the jury out of the courtroom so he can make his record. The sea is where we dump the jury so they can not hear the rulings of the court. And the deer is being shot with an arrow (error). One shot comes from Thomas Jefferson sending plain arrow. The other one is from the guy on the bucking bull shooting a fun (fundamental) arrow.
Rule 104 is the Tsar. T=1, s=0, r=4. I know we don't pronounce the T, but since we've spelled it in this less common way, I can remember it. This involves a little Tsar running into the classroom before any of the other students and asking a lot of questions. These are Preliminary Questions.
There is an ape at the door deciding who gets in. He is keeping out babies and imbeciles, because they are not learned enough to testify. He keeps out spouses and priests and lawyers, because they have a privilege.
The bean is at another door letting people in because they have promised to send a fax (prove a fact) later that will make an oven dance on an elephant (make the evidence relevant). (By the way, the Restyled Federal Rules are much clearer than the old rules and the Texas Rules in this Article).
The sea swallows up the jury so they cannot hear the preliminary questions.
The deer allows the accused to testify only about the preliminary matter and then grabs his mouth when he is asked about other stuff.
The eye is a big floating eye watching the preliminary hearing, but it floats into the trial in front of the jury and watches the accused throw in the dice (introduce) the oven dance (evidence) on a big bathroom scale (the weight) and it also stomps all over a credit card bill (credibility). So, the party can introduce evidence relevant to weight and credibility.
Rule 105 is a tassle. t=1, s=0, l=5. This guy was wearing those little tassles on his shoes and the host of the party was so embarrassed he would only let him in on a limited basis.
The Texas Rule 105 has the guy trying to ride into the party on a bull with tassels on his cowboy boots. This time he is kept out, but the ape wants it clear that he can't complain to anyone (appeal) and the bean wants it clear it is not the host's (judge's) fault, no matter how wrong he is.
Rule 106 is dosage. d=1, s=0, g=6. The pharmacist ordered the man to cure his ailment by eating the telephone book. The doctor came along and said, if he ate part of it, now he has to eat the whole thing. Remainder of or related writings or recorded statements. The Texas doctor rode in on his bull and said the guy had to eat depositions, too.
Texas Rule 107 is toe sack. t=1, s=0, k=7. This is a sack half full of chopped off toes. It has a big flag of Texas on the side of the sack, because it is only a Texas rule. Once you have a sack half full of chopped off toes, anybody can come along and put all of the rest of the chopped off toes in the sack. If it has letters or tape recordings, all the rest of those can be put in, too.
Texas Rule 101 Deist Riding Bull
Texas Rule 101 combines Federal Rules, 101, 1101 and 1103. Texas does not have an Article XI, Miscellaneous Rules.
For a Texas deist, imagine Thomas Jefferson riding a bull. We'll use this image sometimes to distingish between Texas and Federal Rules, Also, Texas (unlike the Federal Rule 101) has a, b, c, and d. We imagine these as an ape, a bean, a sea and a deer. Jefferson's bull tramples in order an ape, a bean, a sea and narrowly misses the deer. The ape is protecting his house title from getting torn. The bean is a big animate object who is protecting a prize scope he uses on his sniper rifle. The sea turns animate and wiaves “Hi” to Archie Bunker (hierarchy). The deer is the one who gets away and on his back escaping are grand juries, detained inmates, cops searching buildings and lawyers being held in contempt. I'll work on learning (d) (1), (2) and (3) later, but for now the main thing to know is Rule 101 leaves several types of hearings outside the evidence rules.
For a Texas deist, imagine Thomas Jefferson riding a bull. We'll use this image sometimes to distingish between Texas and Federal Rules, Also, Texas (unlike the Federal Rule 101) has a, b, c, and d. We imagine these as an ape, a bean, a sea and a deer. Jefferson's bull tramples in order an ape, a bean, a sea and narrowly misses the deer. The ape is protecting his house title from getting torn. The bean is a big animate object who is protecting a prize scope he uses on his sniper rifle. The sea turns animate and wiaves “Hi” to Archie Bunker (hierarchy). The deer is the one who gets away and on his back escaping are grand juries, detained inmates, cops searching buildings and lawyers being held in contempt. I'll work on learning (d) (1), (2) and (3) later, but for now the main thing to know is Rule 101 leaves several types of hearings outside the evidence rules.
Federal Rule 101 Deist Scope
This is a short little Rule in the Federal Rules. Some of the meat used in Texas is put in Rules 1101 and 1103. I think it is enough to know the scope of the federal rules of evidence includes the Article III judges as well as magistrates and bankruptcy judges. I don't know if Jefferson was a deist or not, but the word fits the phonetic use of 101. That is d=1, s=0 and t=1. Once you get the ten numbers tied to phonetic sounds, this is easy. I imagine Jefferson showing up at the Scopes Monkey Trial (think of the big picture that says "read your Bible") and offering his opinion. This links the Deist 101 with the Scope.
Federal Deist 101 Scopes Monkey Trial Rule 101 Scope
Memorizing the Rules of Evidence
I have been working with the major memory peg system: http://en.wikipedia.org/wiki/Mnemonic_major_system
Of particular interest to me are the Texas Rules and the Federal Rules with attention to the new Restyled Federal Rules of Evidence that became effective this month.
Because the Rules are in three number sequences, (102, 402, 803) I use these, but I have also developed the peg system for one and two number lists for other purposes.
In addition to the peg system, this approach uses Harry Lorayne's method for memorizing the text of individual important rules. For instance, "evidence" is "oven dance," pictured above.
In fact, the more bizarre, humorous, violent or obscene the image is, the more likely it will be remembered under the Von Restorff effect. http://en.wikipedia.org/wiki/Von_Restorff_effect.
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