ID DH Juris flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Consideration
- A bargained-for exchange of value that induces a party to enter a contract; it must be sufficient but need not be adequate, and past acts generally do not qualify.
- Promissory estoppel
- A promise enforceable without consideration where the promisor reasonably expected reliance, reliance occurred, and injustice can be avoided only by enforcement of the promise.
- Expectation damages
- Contract remedy placing the injured party in the position it would have occupied had the contract been fully performed, including lost profits where proven with reasonable certainty.
- Negligence per se
- An unexcused violation of a statute designed to protect a class of persons against the type of harm suffered establishes breach of duty in a negligence action.
- Felony murder
- An unintentional killing occurring during the commission of an inherently dangerous felony, treated as murder without proof of intent to kill, subject to merger limits.
- Mens rea
- The guilty mental state required for an offense, ranked as purposely, knowingly, recklessly, and negligently, applied to each material element of the crime.
- Attempt
- An inchoate offense requiring specific intent to commit the target crime plus conduct constituting a substantial step beyond mere preparation toward completion.
- Exclusionary rule
- A criminal procedure doctrine barring use at trial of evidence obtained through unconstitutional searches or seizures, subject to exceptions such as inevitable discovery and good faith.
- Miranda warning
- Advice given before custodial interrogation that the suspect may remain silent, that statements may be used against them, and that counsel will be appointed if indigent.
- Strict scrutiny
- The most demanding constitutional review, requiring a compelling government interest and narrow tailoring, applied to suspect classifications and fundamental rights.
- Standing
- A constitutional requirement that a plaintiff show an injury in fact, fairly traceable to the defendant's conduct, that is likely redressable by a favorable decision.
- Arbitrary and capricious review
- The standard for reviewing agency action, asking whether the agency examined relevant data and articulated a rational connection between the facts and its choice.
- Delegation doctrine
- The principle permitting Congress to delegate rule-making power to agencies so long as it supplies an intelligible principle to guide the exercise of that authority.
- Business judgment rule
- A presumption that directors acted informed, in good faith, and in the honest belief their decision served the corporation, shielding decisions from judicial second-guessing.
- Piercing the corporate veil
- An equitable remedy disregarding limited liability where the corporate form was abused, such as commingling or undercapitalization, and injustice would otherwise result.
- Derivative suit
- A shareholder action brought on behalf of the corporation after demand on the board or a showing that demand would be futile because directors lack independence.
- Rule 10b-5
- A securities antifraud provision prohibiting material misstatements or omissions made with scienter in connection with the purchase or sale of any security.
- Perfect tender rule
- The UCC Article 2 rule allowing a buyer to reject goods that fail in any respect to conform, subject to the seller's right to cure and installment contract limits.
- Personal jurisdiction
- A court's power over a defendant, satisfied by domicile or by minimum contacts with purposeful availment such that jurisdiction comports with fair play and substantial justice.
- Summary judgment
- A pretrial disposition granted when no genuine dispute of material fact exists and the moving party is entitled to judgment as a matter of law.
- Claim preclusion
- The doctrine barring a later suit on the same claim between the same parties or their privies after a final judgment on the merits.
- Hearsay
- An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible unless an exemption or exception applies.
- Work product
- Materials prepared by a party or representative in anticipation of litigation, discoverable only on substantial need and undue hardship, with opinion work product strongly protected.
- Informed consent
- A client's agreement to a proposed course of conduct after the lawyer communicates adequate information about material risks and reasonable alternatives.
- Attorney-client privilege
- A rule protecting confidential communications between lawyer and client made for the purpose of obtaining legal advice from compelled disclosure, waivable by voluntary disclosure.
- Trust account
- A separate account holding client or third-party funds in connection with representation, requiring no commingling with lawyer funds and prompt accounting and delivery.
- Mandatory withdrawal
- A lawyer's required withdrawal where continued representation violates professional rules or the lawyer's physical or mental condition materially impairs the representation.
- IRAC method
- A legal analysis structure organizing a discussion into Issue, Rule, Application, and Conclusion, ensuring each element is stated and applied to the facts.
- Mandatory authority
- Precedent or law that a court must follow, arising from a higher court in the same jurisdiction or from a controlling constitution, statute, or regulation.
- Holding versus dictum
- The holding is the court's answer to the issue necessary to its judgment and binds later courts; dictum is incidental commentary without binding effect.
- Citator check
- A research step verifying that a case or statute remains valid law by reviewing subsequent citing decisions for overruling, questioning, or distinguishing treatment.
- Plain meaning rule
- A statutory interpretation principle applying the ordinary meaning of unambiguous text without resort to legislative history or extrinsic aids.