LSB Bar Exam Core key terms

A court's power to bind a particular defendant to its judgment, requiring minimum contacts with the forum, fair play, and adequate notice plus a proper basis such as domicile, consent, or service within the state.

A court's authority over the kind of case presented, such as federal question or diversity jurisdiction, which cannot be waived or conferred by the parties' agreement.

Federal jurisdiction over civil actions between citizens of different states, or citizens and foreign nationals, where the amount in controversy exceeds $75,000 and complete diversity exists.

A federal court's discretionary power to hear state-law claims that form part of the same case or controversy as a claim within its original jurisdiction, even absent independent grounds.

The purposeful connection between a defendant and the forum state that makes jurisdiction fair, such as directing activities at residents or exploiting the market there.

The proper geographic location for filing an action, generally where a defendant resides or where events giving rise to the claim occurred, distinct from jurisdiction.

A court's discretionary dismissal of a case in favor of a substantially more convenient forum elsewhere, conditioned on the defendant's waiver of objections there.

A federal court sitting in diversity must apply state substantive law and federal procedural law, choosing federal procedure where no conflict with substantive state policy exists.

The requirement that constitutional rights generally protect against government conduct, treating private conduct as state action only when government is significantly involved or performs a public function.

The constitutional guarantee that government will not deprive persons of life, liberty, or property without fair procedures and substantively reasonable law.

The guarantee that government will treat similarly situated persons alike, requiring heightened justification when classifications target suspect classes or burden fundamental rights.

The most demanding judicial test, under which a law must serve a compelling interest by the least restrictive means to survive review of suspect classifications or fundamental rights burdens.

A government licensing or injunction scheme that suppresses expression before it occurs, presumptively unconstitutional absent narrow standards, prompt review, and adequate procedural safeguards.

A constitutional defect in a law that fails to give ordinary people fair notice of prohibited conduct or invites arbitrary enforcement, voiding criminal statutes and speech regulations.

A manifestation of present contractual intent so definite that it justifies the offeree's belief that assent will conclude the bargain, creating power to accept.

An unequivocal manifestation of assent to an offer, made in the manner the offer invites, effective on dispatch unless the offer provides otherwise.

A bargained-for exchange of legal detriment or benefit, such as a promise given in return for another promise or performance, that makes an agreement enforceable.

An equitable doctrine enforcing a promise without consideration when the promisor should reasonably expect reliance, reliance occurs, and injustice can be avoided only by enforcement.

A rule requiring certain agreements, including land sales and contracts lasting over one year, to be evidenced by a writing signed by the party to be charged.

A substantive rule barring admission of prior or contemporaneous agreements to contradict or vary a fully integrated written contract, though evidence may explain ambiguity or show defenses.

A merchant's signed written offer to buy or sell goods that assures it will be held open, irrevocable without consideration for the stated period or a reasonable time up to three months.

The mental state element of a crime, such as purpose, knowledge, recklessness, or negligence, that must accompany the prohibited act for conviction.

The voluntary physical act or legally required omission constituting the conduct element of a crime, excluding mere thoughts or involuntary movements.

A crime requiring proof that the defendant acted with a particular purpose beyond the act itself, such as intent to permanently deprive in larceny.

Liability for a killing committed during an inherently dangerous felony, imposing murder liability without proof of intent to kill, subject to enumerated limitations.

The remedy suppressing evidence obtained through unconstitutional government conduct, deterring police misconduct, subject to exceptions such as good faith and inevitable discovery.

The articulable facts and inferences that would lead a reasonable officer to believe criminal activity is afoot, justifying a brief investigative stop.

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

An exception admitting a statement describing or explaining an event made while or immediately after the declarant perceived it, valued for spontaneity.

An exception admitting a statement relating to a startling event made while the declarant was under the stress of excitement it caused.

The Sixth Amendment right of a criminal defendant to confront adverse witnesses, barring testimonial hearsay unless the declarant is unavailable and previously cross-examined.

A doctrine vesting title in one who possesses another's land actually, openly, exclusively, continuously, and hostilely for the statutory period.

A nonpossessory right to use another's land for a specific purpose, created by grant, implication, necessity, or prescription and terminable by abandonment or misuse.

A state law determining priority between competing conveyances of the same land based on recording, notice, or race-notice principles.

Conduct falling below the standard of care a reasonable person would exercise, actionable when it proximately causes legally cognizable harm.

The limitation on liability requiring that harm fall within the scope of foreseeable risk created by the defendant's breach, not merely a but-for cause.

An inference of negligence permitted when an accident is of a kind ordinarily not occurring without negligence, caused by an instrumentality in the defendant's exclusive control.

Liability without proof of fault for abnormally dangerous activities and defective products, limited to harms within the risk that made the activity dangerous.

A director's or officer's obligation of loyalty and care, requiring good-faith pursuit of corporate interests and disclosure of conflicts.

A presumption shielding directors from liability for informed, good-faith decisions made with reasonable care and no conflicting interest, even if unwise.

A doctrine disregarding limited liability when owners use the entity to commit fraud or injustice, or so commingle affairs that separateness is a fiction.

A situation where a lawyer's personal or other-client interests materially limit representation, requiring informed consent or withdrawal.

The evidentiary protection for confidential communications between lawyer and client made to obtain legal advice, waivable only by the client.

A client's or subject's agreement after receiving adequate information about material risks and alternatives, required for conflicts, settlements, and research participation.