AR Bar cheat sheet

Subject-matter jurisdiction: federal question under 28 U.S.C. § 1331, or diversity under § 1332 (complete diversity plus amount in controversy exceeding $75,000).

Personal jurisdiction requires a long-arm statute basis plus minimum contacts satisfying fair play and substantial justice (International Shoe; purposeful availment).

Pleadings: federal notice pleading under Rule 8(a) requires a short plain statement of the claim showing entitlement to relief; fraud and mistake need particularity under Rule 9(b).

Erie doctrine: in diversity cases federal courts apply state substantive law and federal procedural rules, unless the federal rule is invalid or the federal practice would alter a state-created right.

Summary judgment under Rule 56 granted only where no genuine dispute of material fact and movant is entitled to judgment as a matter of law.

Claim preclusion bars a later suit on the same claim between the same parties; issue preclusion bars relitigation of an actually litigated and necessarily decided issue.

A defendant must raise lack of personal jurisdiction, improper venue, insufficient process, or insufficient service in the first Rule 12 motion or answer, or the defense is waived.

Removal under § 1441 requires original federal jurisdiction, all defendants joining, and filing within 30 days of service; no removal on in-state defendant diversity grounds.

Class certification under Rule 23 requires numerosity, commonality, typicality, adequacy, and a showing of predominance and superiority for (b)(3) classes.

Judicial review established in Marbury v. Madison; standing requires injury in fact, causation, and redressability, plus no third-party or generalized grievance absent exception.

Strict scrutiny applies to suspect classifications (race, national origin, alienage) and fundamental rights; law must be necessary to a compelling interest and narrowly tailored.

Intermediate scrutiny applies to sex and illegitimacy classifications; law must be substantially related to an important governmental interest.

Rational basis review applies to economic and social welfare legislation and age classifications; law must be rationally related to a legitimate interest.

Due process: procedural due process uses the Mathews v. Eldridge balancing of private interest, risk of error, and government burden; substantive due process protects fundamental liberties.

First Amendment speech: content-based regulations get strict scrutiny; content-neutral time, place, and manner rules must serve a significant interest and leave open ample alternatives.

Establishment Clause uses the Lemon test (secular purpose, primary effect, no excessive entanglement) and endorsement analysis for religious displays.

Dormant Commerce Clause bars state laws that discriminate against or unduly burden interstate commerce, unless the state is a market participant or a congressional authorization applies.

Eleventh Amendment generally bars suits for damages against states in federal court; Ex parte Young allows prospective injunctive relief against state officers.

Common law requires offer, acceptance, and consideration; UCC Article 2 applies to transactions in goods and relaxes definiteness and firm-offer rules.

Firm offer under UCC § 2-205 is irrevocable without consideration if made by a merchant in a signed writing and held open for a stated period, capped at three months.

Mirror image rule at common law versus UCC § 2-207, which accepts additional or different terms unless expressly conditioned or materially altering.

Statute of Frauds requires writing for marriage, year, land, executor, surety, and goods over $500 (MYLEGS).

Parol evidence rule bars prior or contemporaneous oral statements contradicting a fully integrated writing; exceptions include fraud, mistake, and conditions precedent.

Expectation damages place the nonbreaching party in the position of performance; consequential damages require foreseeability (Hadley v. Baxendale) and mitigation.

Specific performance available for unique goods or land where damages are inadequate; UCC § 2-716 permits it where goods are unique or circumstances otherwise justify.

Impracticability, frustration of purpose, and mutual mistake excuse performance where the assumed basic condition fails without fault of the party seeking relief.

Third-party beneficiary may enforce if intended; incidental beneficiaries cannot enforce, and vesting affects modification rights.

Common law murder is unlawful killing with malice aforethought, shown by intent to kill, intent to inflict serious bodily harm, reckless indifference, or felony-murder.

Voluntary intoxication may negate specific intent but not malice or general intent; involuntary intoxication can be a complete defense if it negates mens rea.

Self-defense requires reasonable belief in imminent unlawful force; deadly force only against imminent death or serious bodily harm, with no duty to retreat in most jurisdictions.

Accomplice liability requires intent to assist and actual assistance; mere presence or knowledge without aid is insufficient.

Fourth Amendment requires reasonableness; warrant needs probable cause and particularity; exceptions include search incident to arrest, automobile, plain view, consent, and exigency.

Miranda warnings required before custodial interrogation; waiver must be knowing, voluntary, and intelligent, and invocation must be unambiguous.

Sixth Amendment right to counsel attaches at initiation of adversary judicial proceedings and includes effective assistance under Strickland v. Washington.

Double jeopardy bars retrial after acquittal or conviction, but not after mistrial for manifest necessity or hung jury, and separate sovereigns may prosecute.

Exclusionary rule suppresses evidence obtained in violation of the Fourth Amendment, subject to good faith, inevitable discovery, and attenuation exceptions.

Relevance requires probative value and materiality; relevant evidence may be excluded under Rule 403 if probative value is substantially outweighed by unfair prejudice, confusion, or waste of time.

Character evidence generally inadmissible to prove conduct; exceptions include defendant's pertinent trait, victim's trait in self-defense, and impeachment.

Hearsay is an out-of-court statement offered for its truth; non-hearsay includes effect on listener, verbal acts, and impeachment by prior inconsistent statement.

Firmly rooted hearsay exceptions include excited utterance, present sense impression, business records, public records, and statements for medical diagnosis.

Confrontation Clause bars testimonial hearsay absent unavailability and prior opportunity to cross-examine (Crawford v. Washington).

Impeachment methods: prior inconsistent statements, bias, sensory capacity, character for truthfulness, and criminal convictions under Rule 609.

Privileges: attorney-client, physician-patient, spousal, and clergy privileges; work-product protection covers materials prepared in anticipation of litigation.

Best evidence rule requires original writing, recording, or photograph to prove its content, with exceptions for lost, destroyed, or unavailable originals.

Burden of proof: civil preponderance; criminal beyond a reasonable doubt; presumptions shift burden of production but rarely burden of persuasion.

Estates: fee simple absolute, fee tail, life estate, and leasehold; future interests include reversion, remainder, and executory interest.

Rule Against Perpetuities: no interest is valid unless it must vest, if at all, within 21 years after a life in being at creation; applies to contingent remainders and executory interests.

Concurrent estates: joint tenancy requires four unities (time, title, interest, possession) and right of survivorship; tenancy in common lacks survivorship.

Landlord-tenant: covenant of quiet enjoyment, implied warranty of habitability, and constructive eviction where conditions are uninhabitable.

Recording acts: race, notice, and race-notice; a subsequent BFP prevails over prior unrecorded interests in notice and race-notice jurisdictions.

Adverse possession requires actual, open and notorious, exclusive, continuous, and hostile possession for the statutory period.

Easements: express, implied, necessity, and prescription; termination by merger, release, abandonment, or estoppel.

Mortgages: lien theory versus title theory; foreclosure, deficiency judgments, and priority by recording.

Zoning and takings: regulatory taking under Penn Central balancing; per se taking for permanent physical occupation or total loss of economic value.

Negligence elements: duty, breach, causation (actual and proximate), and damages; duty generally owed to foreseeable plaintiffs under Palsgraf.

Standard of care: reasonable person; professionals held to customary practice; children to age, intelligence, and experience; landowners vary by entrant status.

Premises liability: trespasser (intentional harm only), licensee (known dangers), invitee (reasonable inspection and warning).

Strict liability for abnormally dangerous activities, wild animals, and defective products; products liability theories are negligence, warranty, and strict liability.

Defenses: comparative negligence (pure or modified), contributory negligence (complete bar in some jurisdictions), and assumption of risk.

Intentional torts: battery, assault, false imprisonment, trespass, conversion; defenses include consent, self-defense, and necessity.

Defamation requires false statement of fact, publication, fault, and harm; public figures must show actual malice (New York Times v. Sullivan).

Nuisance: private nuisance is substantial unreasonable interference with use and enjoyment; public nuisance affects community at large.

Damages: compensatory (economic and non-economic), punitive for gross negligence or intentional conduct, and mitigation duty.

Agency: agent owes fiduciary duties of loyalty and care; principal bound by actual, apparent, or inherent authority; ratification and estoppel may bind.

General partnership: default rules under UPA; partners jointly and severally liable for partnership obligations and owe fiduciary duties.

LLC: members have limited liability; management by members or managers; operating agreement governs; charging order is exclusive remedy for judgment creditors.

Corporation: directors owe duty of care and loyalty; business judgment rule presumes informed good-faith decisions; entire fairness applies to self-dealing.

Piercing the corporate veil requires alter ego or fraud and injustice; typically for close corporations.

Shareholder derivative suits require demand on the board or futility; demand futility assessed under Aronson or Rales tests.

Securities: Rule 10b-5 requires material misrepresentation, scienter, reliance, and damages; Section 16(b) short-swing profits strict liability.

Mergers: de facto merger and successor liability doctrines; appraisal rights for dissenting shareholders in statutory mergers.

Marriage requires capacity, license, solemnization; common law marriage recognized in some states with cohabitation and holding out.

Premarital agreements enforceable if in writing, voluntary, and with fair disclosure; UPAA standards.

Divorce grounds: no-fault (irretrievable breakdown) and fault; residency and domicile requirements.

Property division: equitable distribution of marital property; separate property retained; community property in nine states.

Child custody: best interests of the child standard; joint legal and physical custody; UCCJEA governs jurisdiction.

Child support: income shares model; guidelines presumptive; modification on substantial change in circumstances.

Spousal support: need and ability to pay; types include rehabilitative, permanent, and lump sum.

Adoption: termination of parental rights, consent, and best interests; putative father registry.

Domestic violence: protective orders; full faith and credit under VAWA.

Intestate succession: spouse and descendants share; per stirpes versus per capita distribution; simultaneous death acts.

Will formalities: writing, signature, two witnesses; holographic wills in some states; codicils amend wills.

Revocation: physical act, subsequent instrument, or operation of law (divorce); dependent relative revocation.

Trust creation: settlor, trustee, beneficiary, trust res, and lawful purpose; express, resulting, and constructive trusts.

Spendthrift clause protects trust assets from beneficiaries' creditors; discretionary trusts limit creditor access.

Fiduciary duties: loyalty, prudence, impartiality, and duty to inform and account; prudent investor rule.

Rule Against Perpetuities applies to trusts; many states have abolished or modified it.

Probate versus nonprobate transfers: joint tenancy, POD, TOD, and life insurance avoid probate.

Elective share protects surviving spouse against disinheritance.

Arkansas Rules of Civil Procedure govern pleading and practice; Rule 8 notice pleading; Rule 12 defenses; Rule 56 summary judgment.

Arkansas Constitution Article 2, § 15 search and seizure parallels Fourth Amendment; exclusionary rule applies.

Arkansas is a race-notice recording jurisdiction under Ark. Code Ann. § 14-15-404; subsequent purchaser must record first and lack notice.

Arkansas statute of limitations: personal injury three years (Ark. Code Ann. § 16-56-105); written contracts five years (§ 16-56-111); oral contracts three years.

Arkansas comparative fault: modified comparative fault, plaintiff barred if 50% or more at fault (Ark. Code Ann. § 16-64-122).

Arkansas marriage: license and solemnization; common law marriage not recognized; divorce requires 60-day residency.

Arkansas Probate Code: intestate succession, elective share, and will formalities under Ark. Code Ann. § 28-25-101 et seq.

Arkansas Rules of Professional Conduct based on ABA Model Rules; mandatory CLE and trust account rules.

Arkansas appellate practice: notice of appeal within 30 days of judgment (Ark. R. App. P. Civ. 4).

IRAC structure: Issue, Rule, Application, Conclusion; use for essay and MPT tasks.

MPT tasks: memo, brief, letter, contract provision, or client advice; follow library and file materials.

Objective writing: neutral tone, accurate citation, and analysis of both sides; persuasive writing: advocate with strong thesis.

Citation format: Bluebook for legal citations; Arkansas uses Arkansas Reports and S.W.3d.

Case briefing: facts, issue, holding, reasoning, and disposition.

Statutory interpretation: plain meaning, legislative history, and canons of construction.

Time management: outline before writing; allocate time to read file and library.

Editing: check for clarity, conciseness, and logical flow; proofread for errors.

Ethical writing: candor to tribunal, no frivolous claims, and accurate authority.

IRAC: Issue, Rule, Application, Conclusion; apply to essay and MPT.

MPT: read file and library; identify task; draft memo, brief, or letter.

Objective versus persuasive writing: neutral analysis versus advocacy.

Citations: Bluebook; Arkansas cases in S.W.3d.

Case brief: facts, issue, holding, reasoning.

Statutory interpretation: plain meaning and canons.

Time management: outline first.

Editing: clarity and conciseness.

Ethics: candor and no frivolous claims.