OAGB Bar Final Assessment key terms

A court's power over a particular defendant, requiring minimum contacts with the forum state plus fair play and substantial justice, or consent, waiver, or in-state service.

A court's authority to hear a given category of case, such as federal question or diversity cases; it cannot be waived and may be raised at any time.

Federal jurisdiction over civil actions between citizens of different states (or foreign parties) where the amount in controversy exceeds the statutory threshold, currently $75,000.

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

The proper geographic location for filing a lawsuit, generally a district where a defendant resides, where events occurred, or where property is located if no other district fits.

A discretionary doctrine letting a court dismiss a case when a substantially more convenient alternative forum exists, weighing private and public interests.

A defendant's procedure for transferring a case filed in state court to federal court when the federal court would have had original jurisdiction over the action.

The rule 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.

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

The authority of courts to examine legislative and executive acts and invalidate those that conflict with the Constitution, established in Marbury v. Madison.

A plaintiff's constitutional requirement to show an injury in fact that is concrete and particularized, fairly traceable to the defendant, and redressable by a favorable ruling.

A justiciability doctrine barring review of claims that rest on contingent future events, requiring the dispute to be fit for decision and to impose real hardship.

A justiciability bar on cases in which the controversy has ended, subject to exceptions such as voluntary cessation or issues capable of repetition yet evading review.

The most demanding equal protection and due process test, upholding a law only if it serves a compelling governmental interest and is narrowly tailored to that end.

A mid-level review applied to sex-based classifications and some other categories, requiring an important governmental objective and a substantial relationship between means and ends.

The deferential standard upholding a law if it is rationally related to a legitimate governmental purpose, applied to most economic and social welfare legislation.

The principle that constitutional rights generally constrain only governmental conduct, so private conduct is not actionable unless significant state involvement exists.

A manifestation of present contractual intent that creates a power of acceptance in the offeree and is definite enough to permit a remedy.

A manifestation of assent to an offer's terms, made in the manner invited, that forms a contract; the mirror image rule governs common law cases.

A bargained-for exchange of legal detriment or benefit that makes a promise enforceable, as distinguished from a gift or past act.

A 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 barring admission of prior or contemporaneous oral or written terms to contradict or vary a fully integrated written agreement.

A writing requirement for enforceability of certain contracts, including land sales, promises to answer for another's debt, and agreements not performable within one year.

Under the Uniform Commercial Code, a seller who deals in goods of the kind warrants they are fit for ordinary purposes, unless properly disclaimed.

The voluntary physical act or omission that, combined with a culpable mental state, constitutes a crime; status alone cannot satisfy it.

The mental state required for a crime, such as purposely, knowingly, recklessly, or negligently, as defined by statute or the Model Penal Code.

A doctrine imposing murder liability for a death occurring during the commission of an inherently dangerous felony, with limits on agency and proximate cause theories.

The link between conduct and a prohibited result, requiring actual cause (but-for) and proximate cause, meaning the result was foreseeable and not too remote.

The rule barring use of evidence obtained in violation of constitutional rights, subject to exceptions including good faith, attenuation, inevitable discovery, and independent source.

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.

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

Documentation tracking physical evidence from collection through trial to establish that it is what its proponent claims and has not been altered.

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

An easement acquired by use of another's land that is open, notorious, continuous, and adverse for the statutory period, similar to adverse possession.

A statute determining priority among competing interests in land; race-notice and notice statutes protect later purchasers who take without notice of prior claims.

The obligation to act as a reasonable person would under the circumstances, measured by foreseeability of harm and the relationship between the parties.

The legal limit on liability for negligence, asking whether the harm was a foreseeable result of the breach rather than an extraordinary intervening event.

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

A legal analysis structure presenting the Issue, the governing Rule, its Application to the facts, and a Conclusion, used for organizing exam answers.

Discussion of the strongest opposing argument and why the writer's position should prevail, demonstrating balanced reasoning and anticipating weaknesses.