AK Bar flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

State Action Doctrine

Constitutional protections generally apply only to government action. Private conduct is not subject to due process or equal protection unless there is significant state involvement (public function, entanglement, or encouragement).

UCC Goods vs. Services

UCC Article 2 governs contracts for the sale of goods (movable items). Common law governs service contracts. Mixed contracts: predominant purpose test determines which law applies.

Negligence Elements

Duty, breach, causation (actual and proximate), and damages. Plaintiff must prove all four to recover. Comparative negligence reduces recovery; contributory negligence may bar it.

Hearsay Definition

An out-of-court statement offered to prove the truth of the matter asserted. Generally inadmissible unless an exception applies (e.g., excited utterance, business records, public records).

Fee Simple Absolute

The highest estate in land, potentially infinite duration. Freely alienable, devisable, and inheritable. No future interest follows it.

Mens Rea

The guilty mind required for a crime. Common law categories: purposely, knowingly, recklessly, negligently. Must concur with actus reus.

Diversity Jurisdiction

Federal courts may hear civil cases between citizens of different states if the amount in controversy exceeds $75,000. Complete diversity required.

Personal Jurisdiction

Court's power over a defendant. Requires minimum contacts with the forum state such that maintenance of the suit does not offend traditional notions of fair play and substantial justice.

IRAC Method

Issue, Rule, Analysis, Conclusion. A structured approach to legal analysis and essay writing. State the issue, provide the applicable rule, apply facts to rule, and conclude.

MEE Subjects

MBE subjects plus business associations, conflict of laws, family law, secured transactions, and trusts and estates. Essays test these areas.

Agency Relationship

Fiduciary relationship where agent acts on behalf of principal and subject to principal's control. Creation: consent, control, and on behalf. Agent owes duties of loyalty and care.

Partnership Formation

Association of two or more persons to carry on as co-owners a business for profit. No formalities required; sharing profits creates presumption. Partners are personally liable.

Corporate Fiduciary Duties

Directors and officers owe duties of care and loyalty. Business judgment rule protects informed decisions made in good faith. Duty of loyalty includes avoiding self-dealing.

Conflict of Laws: Domicile

Domicile determines personal law in many contexts. Acquired by physical presence and intent to remain indefinitely. A person has one domicile at a time.

Child Custody Standard

Courts determine custody based on the best interests of the child. Factors include stability, parental fitness, child's preference, and maintaining relationships.

Secured Transaction Attachment

Attachment requires value given, debtor's rights in collateral, and security agreement authenticated by debtor. Creates enforceable security interest against debtor.

Secured Transaction Perfection

Perfection makes security interest effective against third parties. Methods: filing financing statement, possession, control, or automatic (e.g., purchase money security interest in consumer goods).

MPT Format

Two 90-minute tasks. Each provides a file (facts) and library (law). Requires drafting a document (memo, brief, contract, letter) applying law to facts.

MPT Instructions

Follow the specific directions in the task memo. They dictate the format, tone, and content of the document to be produced. Ignoring instructions loses points.

MPT File and Library

File contains factual materials (transcripts, letters, contracts). Library contains legal authorities (cases, statutes). Use only provided materials.

Objective vs. Persuasive Writing

Objective: neutral analysis (e.g., memo to partner). Persuasive: advocate for a position (e.g., brief to court). MPT tasks specify which tone to use.

MPT Time Management

Allocate 90 minutes: reading (20-30 min), outlining (10-15 min), writing (40-50 min), reviewing (5-10 min). Keep track to complete both tasks.

Legal Memorandum Format

Common MPT task: heading, question presented, brief answer, statement of facts, discussion (with headings), conclusion. Cite library authorities.

Client Letter Format

MPT task: address client, state purpose, explain legal issues in plain language, provide advice, and conclude. Avoid jargon; maintain professional tone.

Contract Drafting MPT

Task may require drafting contract provisions. Use clear language, define terms, include necessary clauses (e.g., indemnification, termination) based on file and library.

Bench Memorandum

MPT task: neutral memo for a judge. Summarize facts, identify legal issues, analyze both sides, and recommend a decision. Objective tone.

MPT Grading Criteria

Graded on following instructions, legal analysis, use of facts, organization, and clarity. No outside law; rely on library.

MPT Library Use

Extract relevant rules from cases and statutes. Distinguish holdings; apply to facts. Do not cite the library as authority if not provided.

MPT Fact Application

Use specific facts from the file to support analysis. Avoid conclusory statements; explain how facts satisfy legal elements.

MPT Organization

Use headings, short paragraphs, and logical flow. For memos: IRAC. For letters: clear structure. For contracts: logical sections.

MPT Review

Reserve time to check for completeness, clarity, and adherence to instructions. Correct errors in grammar and citation.

MPT Practice

Familiarity with common tasks and formats improves performance. Practice under timed conditions.