DE Bar key terms

A court's power over a particular defendant or property, requiring minimum contacts with the forum state, fair play, and substantial justice consistent with due process.

The purposeful connection between a defendant and the forum state, such as availing oneself of the privilege of conducting activities there, that makes jurisdiction fair.

Conduct by a defendant deliberately directed at the forum state, such as marketing goods there, that supports exercising jurisdiction over claims arising from that conduct.

A court's authority to hear the kind of case before it, such as federal question or diversity cases in federal court; it cannot be waived by the parties.

Federal jurisdiction over civil actions between citizens of different states where the amount in controversy exceeds $75,000, requiring complete diversity of parties.

Federal jurisdiction over civil actions arising under the Constitution, laws, or treaties of the United States, determined from the well-pleaded complaint.

The doctrine that federal question jurisdiction exists only when the plaintiff's own claim, as pleaded, raises a federal issue, not merely when a defense invokes federal law.

The principle that federal courts sitting in diversity apply state substantive law but may apply federal procedural rules, balancing federal interests against forum shopping and inequitable administration.

The procedure by which a defendant transfers a case from state court to federal court, generally within 30 days of service and only when the case could have been filed federally.

A pretrial motion granted when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law, supported by admissible evidence.

The preclusive effect of a final judgment on the merits, barring the same parties from relitigating the same claim, including claims that could have been raised.

Issue preclusion: a party may not relitigate an issue actually litigated and necessarily decided in a prior case, when the party against whom it is asserted had a full opportunity.

The obligation to persuade the factfinder of a fact to the required standard, such as preponderance of the evidence in civil cases or beyond a reasonable doubt in criminal cases.

The civil standard requiring the party with the burden to show that a fact is more likely true than not, meaning greater than fifty percent probability.

The highest criminal standard, requiring proof so convincing that no reasonable person could harbor doubt about the defendant's guilt after considering all evidence.

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

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

A hearsay exception for a statement describing or explaining an event or condition made while the declarant was perceiving it or immediately afterward.

Evidence tending to make a fact of consequence more or less probable than it would be without the evidence; relevant evidence is generally admissible unless excluded by rule.

The court may exclude relevant evidence if its probative value is substantially outweighed by dangers such as unfair prejudice, confusion, misleading the jury, or undue delay.

The documented sequence of possession and handling of physical evidence from collection to trial, used to show the item is what the proponent claims.

The requirement that a proponent produce evidence sufficient to support a finding that an item is what it purports to be before it is admitted.

The obligation to exercise reasonable care toward foreseeable plaintiffs, breached when conduct falls below the standard of a reasonably prudent person under the circumstances.

A cause of action requiring duty, breach, actual and proximate causation, and damages, judged by the reasonable person standard.

The legal cause of harm, requiring that the injury be a foreseeable result of the breach rather than an extraordinary or superseding consequence.

A defense barring recovery when the plaintiff's own negligence contributed to the harm; Delaware retains it in modified form, reducing rather than always barring recovery.

A system apportioning damages between plaintiff and defendant in proportion to fault, rather than barring recovery entirely for any plaintiff negligence.

Liability without proof of fault for abnormally dangerous activities or defective products, requiring only causation and resulting harm.

Liability of manufacturers and sellers for harm caused by defective products, under theories of negligence, warranty, or strict liability.

A duty of loyalty and care owed by a person entrusted with another's interests, requiring the fiduciary to act in good faith and avoid self-dealing.

The fiduciary obligation to avoid conflicts of interest and self-dealing, and to act in the best interests of the corporation and its shareholders.

A presumption that directors acted on an informed basis, in good faith, and in the honest belief their action served the corporation, insulating decisions from liability.

The equitable remedy disregarding limited liability when the corporate form is used to perpetrate fraud or when the entity is a mere alter ego of its owners.

A theory treating a corporation and its owner as identical when the owner so dominates the entity that it lacks independent existence, justifying disregard of the corporate form.

The rule barring admission of prior or contemporaneous oral or written agreements to contradict or vary a fully integrated written contract.

The determination whether a writing is a final and complete expression of the parties' agreement; a fully integrated writing bars additional consistent terms.

A rule requiring certain contracts, including those for land, suretyship, marriage consideration, and longer than one year, to be evidenced by a signed writing.

An equitable remedy compelling a breaching party to perform as promised, typically available for unique goods or land when damages are inadequate.

A court order directing a party to do or refrain from doing an act, issued when legal remedies are inadequate and the balance of hardships favors relief.