AR Bar key terms

A court's power over a particular defendant, requiring minimum contacts with the forum state, fair play, and a proper basis such as domicile, consent, or service within the state.

A court's authority to hear a particular category of case, such as federal question or diversity cases in federal court; unlike personal jurisdiction, it cannot be waived.

Federal jurisdiction over civil cases where the amount in controversy exceeds $75,000 and all plaintiffs are citizens of different states from all defendants.

A federal court's power to hear an additional claim that shares a common nucleus of operative fact with a claim within its original jurisdiction, subject to limits in diversity cases.

The procedure by which a defendant transfers a case filed in state court to federal court, available only if the case could originally have been filed in federal court.

The proper geographic location within a court system for filing a lawsuit, generally where a defendant resides or where the events giving rise to the claim occurred.

The doctrine barring a party from relitigating a claim already decided on the merits by a final judgment, including claims that could have been raised in that action.

Issue preclusion; once an issue has been actually litigated and necessarily decided, it cannot be relitigated in a later suit between the same parties or their privies.

The rule that a federal court sitting in diversity applies state substantive law but federal procedural rules, resolving conflicts under the Rules Enabling Act and twin aims of Erie.

The requirement that constitutional protections apply only to government conduct, not private conduct, unless the private actor is significantly entangled with or performs a public function.

The most demanding equal protection standard, requiring a law to serve a compelling government interest and be narrowly tailored; applied to suspect classifications and fundamental rights.

A mid-level equal protection standard requiring a law to serve an important government interest and be substantially related to that interest; applied to sex and legitimacy classifications.

The most deferential equal protection standard, upholding a law if it is rationally related to any legitimate government interest, even one hypothesized after the fact.

The implied limit on state power to burden interstate commerce, striking down protectionist or discriminatory state laws unless a legitimate local purpose justifies them.

The constitutional rule that federal law prevails over conflicting state law, and that federal law controls where Congress has validly legislated in an area.

A manifestation of present contractual intent so definite that it creates a power of acceptance in the offeree, judged by an objective standard.

A manifestation of assent to the terms of an offer, made in the manner the offer invites; the mirror image rule governs common law contracts but not UCC sales.

A bargained-for exchange of something of legal value, such as a promise or performance, given in return for the other party's promise; essential to contract formation.

A doctrine enforcing a promise without consideration when the promisor should reasonably expect reliance, the promisee actually relies, and injustice can be avoided only by enforcement.

Default warranties in sales of goods: merchantability promises the goods are fit for ordinary purposes, and fitness for a particular purpose applies when the seller knows the buyer's needs.

The UCC rule allowing a buyer to reject goods that fail in any respect to conform to the contract, subject to the seller's right to cure and the buyer's good-faith duties.

The physical or external element of a crime, such as a voluntary act or omission, that the prosecution must prove beyond a reasonable doubt.

The mental state or culpability required for a crime, such as purpose, knowledge, recklessness, or negligence, as defined by the applicable criminal statute.

A heightened mental state requiring the defendant to intend a particular result or further act beyond the conduct itself, such as intent to kill or to permanently deprive.

The advisements police must give before custodial interrogation, informing a suspect of the rights to remain silent and to counsel and that statements may be used against them.

A government intrusion into a reasonable expectation of privacy or a physical trespass onto constitutionally protected property, which generally requires a warrant or an exception.

The remedy suppressing evidence obtained in violation of the Constitution, subject to exceptions such as good faith, inevitable discovery, and attenuation.

An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible unless an exception or exemption applies.

A hearsay exception for a statement describing or explaining an event made while or immediately after the declarant perceived it, admitted for its truth.

A hearsay exception for a statement relating to a startling event made while the declarant was under the stress of excitement that it caused.

The Sixth Amendment right of a criminal defendant to confront witnesses, barring testimonial hearsay unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine.

A doctrine granting title to a trespasser who possesses land actually, openly, exclusively, continuously, and hostilely for the statutory period.

A state law determining priority between competing purchasers of the same land, varying among race, notice, and race-notice rules.

A purchaser who buys land for value and without notice of a prior conflicting interest, protected under recording statutes in many jurisdictions.

An easement acquired through continuous, open, adverse, and actual use of another's land for the statutory period, similar to adverse possession.

A doctrine treating a statutory violation as conclusive proof of breach when the plaintiff is within the class the statute protects and the harm is of the type it was meant to prevent.

A cause that produces an injury in a natural and continuous sequence without a superseding cause, limiting liability to harms within the scope of the risk.

A doctrine permitting an inference of negligence when the injury-causing event is of a kind that ordinarily does not occur without negligence and was under the defendant's exclusive control.

A remedy allowing creditors to reach shareholders' personal assets when the corporation is used as an alter ego or to commit fraud, or is undercapitalized.

A business entity combining partnership-style tax treatment and management flexibility with limited liability for its members, governed by a state LLC statute.

An obligation of corporate directors and officers to act in the corporation's best interests, avoiding self-dealing and usurpation of corporate opportunities without proper approval.

A presumption shielding directors from liability for informed business decisions made in good faith and with the honest belief they serve the corporation's best interests.

The governing standard in custody determinations, weighing factors such as stability, parental fitness, the child's needs, and sometimes the child's preference.

Property acquired during the marriage that is subject to equitable division on divorce, typically excluding separate property owned before marriage or acquired by gift or inheritance.

The mental ability to make a valid will, requiring the testator to know the nature of the act, the property's extent, and the natural objects of bounty.

A ground for contesting a will where a confidential relationship and suspicious circumstances show the testator's free will was overborne by another's pressure.

The statutory distribution of a decedent's property when no valid will exists or when a will fails to dispose of all assets.

A trustee's obligation to administer the trust solely in the beneficiaries' interest, avoiding self-dealing and conflicts of interest absent authorization.

The ethical rules governing Arkansas lawyers, covering competence, confidentiality, conflicts of interest, candor to tribunals, and the unauthorized practice of law.

The rules governing appeals to the Arkansas Court of Appeals and Arkansas Supreme Court, including notice of appeal timing, record designation, and preservation of issues.

The rules governing pleadings, service, discovery, and pretrial practice in Arkansas courts, generally modeled on but distinct from the Federal Rules.

A legal writing structure organizing analysis into Issue, Rule, Application, and Conclusion, used for exam essays and legal memoranda.

An expanded legal writing structure: Conclusion, Rule, Explanation of authorities, Application of facts, and Conclusion, often favored in predictive and persuasive memoranda.

A skills-based exam component requiring the candidate to draft a legal document from a closed file of facts, authorities, and instructions within a set time.