IA Bar key terms

A court's power to bind a particular defendant, requiring minimum contacts with the forum state plus fair play and substantial justice, or consent, waiver, or proper service within the state.

A court's authority over the category of dispute itself, such as federal question or diversity cases in federal court; it cannot be waived and may be raised at any time.

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.

Federal power to hear state-law claims that form part of the same case or controversy as a claim within original jurisdiction, subject to discretionary refusal and diversity limits.

Rule that federal courts sitting in diversity apply state substantive law but may follow federal procedural rules, preventing forum shopping and inequitable administration of the laws.

The proper geographic district for a lawsuit, generally where any defendant resides if all reside in one state, where events occurred, or where property is located.

A court's discretionary dismissal of a case when a substantially more convenient alternative forum exists, weighing private and public interests and often conditioned on waivers.

Pretrial judgment for one party when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law, based on pleadings, discovery, and affidavits.

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 barring relitigation of an issue actually litigated, determined, and necessary to a prior final judgment between the same parties or their privies.

A plaintiff's constitutional and prudential right to sue, requiring injury in fact, causation traceable to the defendant, and redressability by a favorable decision.

Constitutional limits apply to government conduct, not private conduct, unless private actors perform public functions or are significantly entangled with or encouraged by the state.

Fifth and Fourteenth Amendment guarantees of fair procedure before deprivation of life, liberty, or property, and protection against arbitrary substantive government action.

Fourteenth Amendment command that government treat similarly situated people alike, applying strict scrutiny, intermediate scrutiny, or rational basis depending on the classification.

The most demanding judicial review, requiring a law be necessary to achieve a compelling government interest and narrowly tailored, applied to suspect classes and fundamental rights.

Review requiring a law be substantially related to an important government interest, applied to sex-based classifications and certain content-neutral regulations.

Negative implication of the Commerce Clause barring state laws that discriminate against or unduly burden interstate commerce, subject to exceptions such as market participant and congressional approval.

Article VI command that the Constitution, federal statutes, and treaties are supreme law, invalidating conflicting state laws and supporting federal preemption.

Justiciability requirement that a dispute be sufficiently mature and concrete for judicial review, preventing courts from deciding abstract or speculative future questions.

Justiciability bar on cases where the controversy has ended, subject to exceptions for capable of repetition yet evading review, voluntary cessation, and collateral consequences.

A manifestation of present contractual intent so definite that a reasonable person would understand acceptance will create a contract; preliminary negotiations generally are not offers.

A manifestation of assent to an offer's terms in the manner invited, effective on dispatch under the mailbox rule unless an option contract or different terms control.

A bargained-for exchange of legal detriment or benefit, distinguishing enforceable promises from gifts; past consideration and moral obligation generally do not qualify.

Equitable enforcement of a promise without consideration when the promisor reasonably expected reliance, reliance occurred, and injustice can be avoided only by enforcement.

Writing requirements for certain contracts, including land sales, suretyship, marriage-related promises, one-year performance, and sale of goods over $500, with recognized exceptions.

Common-law requirement that acceptance match the offer's terms exactly; a purported acceptance with material changes operates as a counteroffer, unlike UCC sale-of-goods rules.

Rule excluding prior or contemporaneous oral or written statements that contradict or vary a fully integrated written agreement, subject to exceptions such as ambiguity and fraud.

The mental state element of a crime, such as purposefully, knowingly, recklessly, or negligently, which must accompany the prohibited act for conviction.

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

A crime requiring proof that the defendant intended a particular result or further act beyond the prohibited conduct, allowing limited defenses such as voluntary intoxication.

Common-law murder mental state encompassing intent to kill, intent to inflict serious bodily harm, reckless indifference to an unjustifiably high risk, or felony murder.

Rule barring use of evidence obtained through unconstitutional government conduct, subject to exceptions including good faith, inevitable discovery, and attenuation.

Doctrine suppressing derivative evidence obtained through an initial constitutional violation, unless the connection is broken by independent source, inevitable discovery, or attenuation.

Required advisements before custodial interrogation about silence, counsel, and use of statements, with waiver and invocation rules governing admissibility of resulting statements.

Judicial authorization to search or seize, requiring probable cause and particularity describing the place and items, with exceptions for exigency, consent, and incident to arrest.

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

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

Sixth Amendment right of criminal defendants to confront adverse witnesses, restricting admission of testimonial hearsay when the declarant is unavailable and unconfronted.

The obligation to prove facts, comprising the burden of production and persuasion; civil cases generally use preponderance, criminal cases require proof beyond a reasonable doubt.

Acquisition of title to land through actual, open and notorious, exclusive, continuous possession that is hostile to the owner for the statutory period.

A nonpossessory right to use another's land, created by express grant, implication, necessity, or prescription, and subject to termination by abandonment, merger, or misuse.

State law determining priority between competing land interests by recording, using race, notice, or race-notice rules to protect subsequent purchasers.

The tort obligation to act as a reasonable person under the circumstances, measured by foreseeability of harm and limited by the economic loss rule and special relationships.

The legal cause linking breach to harm when the injury is within the risk created, excluding unforeseeable superseding causes; distinct from actual cause.

Breach established by violating a statute intended to protect a class including the plaintiff from the type of harm suffered, excused when compliance was impossible or more dangerous.

System allocating damages between plaintiff and defendant by fault, in pure or modified form, replacing or supplementing common-law contributory negligence.

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.

A legal writing structure that states the Issue, sets out the relevant Rule, applies the rule to the facts, and concludes with a prediction or resolution.

In legal writing, the section addressing opposing arguments and weaker facts, demonstrating balanced analysis and strengthening the credibility of the primary conclusion.

The deference an appellate court gives a lower tribunal, such as de novo for legal questions, clearly erroneous for facts, and abuse of discretion for discretionary rulings.