Guam Bar flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Complete Diversity Rule

For federal diversity jurisdiction, no plaintiff may share state citizenship with any defendant. Citizenship is determined at the time of filing, and corporations are citizens of their state of incorporation and principal place of business.

Erie Doctrine

In diversity cases, federal courts apply state substantive law and federal procedural law. If a federal rule directly conflicts with state practice, the federal rule governs when valid under the Rules Enabling Act.

Claim Preclusion Elements

A later suit is barred when the prior judgment was final and on the merits, the parties or their privies are the same, and the claim is the same cause of action or arose from the same transaction.

Removal Deadline

A defendant must file a notice of removal within 30 days of receiving the initial pleading. Diversity cases cannot be removed more than one year after commencement, and in-state defendants generally cannot remove.

Strict Scrutiny

Applies to suspect classifications such as race and national origin and to fundamental rights. The government must show the law is narrowly tailored to serve a compelling interest, and the burden is on the government.

Intermediate Scrutiny

Applies to sex and illegitimacy classifications. The classification must serve an important governmental objective and be substantially related to achieving that objective. The burden rests on the state.

Standing Requirements

A plaintiff must show injury in fact that is concrete and particularized, causation traceable to the defendant's conduct, and redressability by a favorable court decision. Third-party standing is disfavored.

Dormant Commerce Clause

State laws discriminating against interstate commerce are per se invalid unless a legitimate local purpose cannot be served by reasonable nondiscriminatory means. Nondiscriminatory laws are upheld unless burdens clearly exceed local benefits.

UCC 2-207 Battle of Forms

A definite and seasonable expression of acceptance operates as acceptance even with additional terms. Between merchants, additional terms become part of the contract unless they materially alter it, are objected to, or the offer limits acceptance.

Expectation Damages

Expectation damages place the nonbreaching party in the position performance would have produced. Consequential damages require foreseeability, and the nonbreaching party must mitigate losses.

Anticipatory Repudiation

Occurs when a party clearly indicates before the due date that it will not perform. The nonbreaching party may treat it as breach immediately, await performance, or demand adequate assurance under UCC 2-609.

Statute of Frauds Categories

Writing required for marriage, year (cannot be performed within one year), land, executor's promise to pay estate debts personally, goods over $500, and surety promises. UCC 2-201 governs goods over $500.

Miranda Warnings

Before custodial interrogation, police must advise of the right to remain silent, that statements may be used, the right to counsel, and appointed counsel. Waiver must be knowing, voluntary, and intelligent.

Sixth Amendment Right to Counsel

Attaches at the initiation of adversarial judicial proceedings such as formal charge, preliminary hearing, indictment, information, or arraignment. The right is offense-specific and applies at all critical stages.

Felony Murder Rule

Murder liability attaches for a death caused during the commission of an inherently dangerous felony such as burglary, arson, rape, robbery, or kidnapping. The death must be a foreseeable result of the felony.

Exclusionary Rule Exceptions

Evidence obtained through unconstitutional searches or coerced confessions is excluded, except where inevitable discovery, independent source, attenuation, or good-faith reliance on a warrant applies.

Hearsay Definition

An out-of-court statement offered to prove the truth of the matter asserted. Nonhearsay includes verbal acts, effect on the listener, and statements offered only for impeachment.

Excited Utterance

A statement relating to a startling event or condition made while the declarant was under the stress of excitement it caused. It is admissible regardless of declarant availability under FRE 803(2).

Business Records Exception

A record of a regularly conducted activity, made at or near the time by someone with knowledge, kept in the course of a regularly conducted business activity, is admissible unless the source or circumstances indicate lack of trustworthiness.

Confrontation Clause

Bars testimonial hearsay from an unavailable declarant unless the defendant had a prior opportunity to cross-examine. Nontestimonial statements, such as 911 calls during an ongoing emergency, are not barred.

Recording Acts

Race-notice statutes protect a subsequent purchaser who records first without notice. Notice statutes protect a subsequent purchaser without notice regardless of recording order. Race statutes protect the first to record.

Adverse Possession Elements

Possession must be actual, open and notorious, exclusive, continuous, and hostile for the statutory period. Color of title and payment of taxes may shorten the period by statute.

Joint Tenancy Unities

Joint tenancy requires the four unities of time, title, interest, and possession and carries a right of survivorship. Tenancy in common has no survivorship and permits unequal shares.

Fee Simple Determinable

An estate that ends automatically when a stated event occurs, leaving the grantor a possibility of reverter. A fee simple subject to condition subsequent requires the grantor to exercise a right of entry.

Negligence Elements

Duty, breach, actual causation, proximate causation, and damages. Duty is owed to foreseeable plaintiffs, and proximate cause requires that the harm be within the risk created by the breach.

Res Ipsa Loquitur

Permits an inference of negligence when the accident ordinarily does not occur without negligence, was caused by an instrumentality in the defendant's exclusive control, and was not due to the plaintiff's contribution.

Strict Products Liability

A seller is liable for a defective product that is unreasonably dangerous and causes harm. Theories include manufacturing defect, design defect, and failure to warn, without proof of negligence.

Actual Malice Standard

In defamation, a public figure must prove the defendant published a false statement with knowledge of its falsity or reckless disregard for the truth, as established in New York Times v. Sullivan.

Guam Court Structure

The Superior Court of Guam is the trial court of general jurisdiction. The Guam Supreme Court is the highest territorial court, and appeals may be taken to the U.S. Supreme Court by certiorari.

Guam Organic Act

A federal statute (48 U.S.C. §1421 et seq.) establishing Guam's territorial government, Bill of Rights, and relationship with the United States, granting self-government subject to congressional authority.

Guam Bar Admission

Requires passage of the Guam Bar Examination, a character and fitness review, and compliance with Guam Supreme Court rules. Attorneys not admitted may seek pro hac vice admission with local counsel.

MPT Closed Universe

The Multistate Performance Test provides a task memo, a library of authorities, and a factual file. The answer must rely only on the provided materials and must follow the format specified in the memo.