AR Bar flashcards
AR Bar · Build recall with a focused review session.
32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Erie Doctrine
- Federal courts in diversity apply state substantive law and federal procedural rules, unless the federal rule is invalid or alters a state-created right.
- Summary Judgment Standard
- Granted only when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law under Rule 56.
- Claim Preclusion
- Bars a later suit on the same claim between the same parties after a final judgment on the merits, including claims that could have been raised.
- Strict Scrutiny
- Applies to suspect classifications and fundamental rights; the law must be necessary to a compelling interest and narrowly tailored.
- Standing Requirements
- Plaintiff must show injury in fact, causation, and redressability, and cannot assert third-party or generalized grievances absent exception.
- Dormant Commerce Clause
- Bars state laws that discriminate against or unduly burden interstate commerce, unless the state is a market participant or Congress authorizes.
- UCC Firm Offer
- A merchant's signed writing promising to hold an offer open is irrevocable without consideration for the stated period, capped at three months.
- Statute of Frauds Categories
- Writing required for marriage, year, land, executor, surety, and goods over $500 (MYLEGS).
- Expectation Damages
- Damages placing the nonbreaching party in the position of full performance, including foreseeable consequential damages subject to mitigation.
- Felony Murder Rule
- Murder liability for a death occurring during the commission of an inherently dangerous felony, with limitations on proximate cause and merger.
- Miranda Warnings
- Required before custodial interrogation; waiver must be knowing, voluntary, and intelligent, and invocation must be unambiguous.
- Exclusionary Rule
- Suppresses evidence obtained in violation of the Fourth Amendment, subject to good faith, inevitable discovery, and attenuation exceptions.
- Hearsay Definition
- An out-of-court statement offered to prove the truth of the matter asserted; non-hearsay includes effect on listener and verbal acts.
- Rule 403 Balancing
- Relevant evidence may be excluded if probative value is substantially outweighed by unfair prejudice, confusion, or waste of time.
- Confrontation Clause
- Bars testimonial hearsay absent unavailability and a prior opportunity to cross-examine under Crawford v. Washington.
- Rule Against Perpetuities
- No interest is valid unless it must vest, if at all, within 21 years after a life in being at creation.
- Adverse Possession Elements
- Actual, open and notorious, exclusive, continuous, and hostile possession for the statutory period.
- Recording Acts
- Race, notice, and race-notice statutes determine priority; a subsequent BFP prevails over prior unrecorded interests in notice and race-notice jurisdictions.
- Negligence Elements
- Duty, breach, actual and proximate causation, and damages; duty owed to foreseeable plaintiffs under Palsgraf.
- Premises Liability Duties
- Trespasser owed only intentional harm; licensee warned of known dangers; invitee owed reasonable inspection and warning.
- Defamation Actual Malice
- Public figures must prove knowledge of falsity or reckless disregard for the truth under New York Times v. Sullivan.
- Business Judgment Rule
- Presumes directors acted on an informed basis, in good faith, and in the best interests of the corporation absent self-dealing.
- Piercing the Corporate Veil
- Requires alter ego or fraud and injustice; typically applied to close corporations to impose personal liability on shareholders.
- LLC Charging Order
- Exclusive remedy for a judgment creditor of an LLC member; creditor receives distributions but cannot manage or foreclose membership interest.
- Best Interests of Child
- Custody standard considering child's welfare, stability, parental fitness, and sometimes child's preference.
- Equitable Distribution
- Division of marital property upon divorce based on fairness, not necessarily equal split; separate property retained.
- Elective Share
- Statutory share of the decedent's estate that a surviving spouse may claim against a will that disinherits them.
- Spendthrift Trust
- Trust clause preventing beneficiaries from assigning their interest and shielding trust assets from most creditors.
- Arkansas Comparative Fault
- Modified comparative fault; plaintiff barred from recovery if 50% or more at fault under Ark. Code Ann. § 16-64-122.
- Arkansas Recording Statute
- Race-notice jurisdiction under Ark. Code Ann. § 14-15-404; subsequent purchaser must record first and lack notice.
- IRAC Structure
- Issue, Rule, Application, Conclusion; organizing framework for essay and MPT responses.
- MPT Task Approach
- Read file and library, identify the task, outline, and draft the requested document within time limits.