HI Bar flashcards
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20 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Jurisdiction
- The relevant legal authority or legal system governing a matter, which must be identified separately from the merits of a claim.
- Cause of action
- A legally recognized basis for seeking relief under the applicable framework, requiring its actual elements and supporting facts.
- Element
- A component that must be established for the relevant legal conclusion, distinguished from a fact that is merely interesting background.
- Burden of proof
- The responsibility and applicable standard for establishing a proposition, which depend on the issue, forum and governing framework.
- Material fact
- A fact capable of affecting a relevant legal issue under the applicable rule, distinguished from a detail with no effect on the analysis.
- Inference
- A conclusion drawn from evidence, whose strength and alternatives should be examined rather than treating it as an observed fact.
- Offer
- A communication capable of creating the specified power of acceptance under the applicable rule, distinguished from every preliminary negotiation.
- Acceptance
- The assent or act satisfying the applicable offer and formation requirements, which depends on timing, terms and the governing framework.
- Revocation
- Withdrawal of an offer or authority under the relevant rule, whose effectiveness may require communication or other specified conditions.
- Consideration
- The legally relevant exchange supporting a promise in a framework that requires it, distinguished from every moral reason for making a promise.
- Remedy
- The relief available for a legally established issue under its conditions, rather than proof that the underlying right or breach already exists.
- Hearsay purpose
- The use for which an out-of-court statement is offered, relevant to whether a hearsay definition and its exceptions apply.
- Personal knowledge
- A witness basis in their own perception for the relevant testimony, distinguished from assuming a reported account was personally observed.
- Binding authority
- A source controlling the relevant decision under the applicable hierarchy and jurisdiction, distinguished from merely persuasive discussion.
- Persuasive authority
- A source that may inform reasoning without controlling the decision, requiring evaluation of its relevance, reasoning and status.
- Statutory exception
- A specified qualification to a general provision, which must be applied only when its actual conditions are satisfied.
- Conflict of interest
- A competing interest relevant to a lawyer duties or judgment, whose treatment depends on the actual conflict and governing professional rules.
- Informed consent
- Agreement based on relevant understandable information under the applicable legal requirements, which does not make every conflict consentable.
- Confidentiality
- A duty governing the relevant information and circumstances, subject to the actual framework rather than a universal promise of secrecy.
- Issue analysis
- Reasoning connecting the legal question, controlling rule and material facts before giving a conclusion, rather than reciting a rule without application.