IN Bar flashcards

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

Erie Doctrine

In diversity cases, federal courts apply state substantive law and federal procedural law; if no federal rule or statute exists, apply federal practice unless it affects outcome-determinative substantive rights.

Supplemental Jurisdiction

Under 28 U.S.C. §1367, federal courts may hear claims that are part of the same case or controversy as a claim with original jurisdiction, subject to discretionary dismissal for novel state-law issues.

Removal and Forum-Defendant Rule

A defendant may remove a case from state to federal court if the federal court would have original jurisdiction; removal is unavailable for in-state defendants in diversity cases.

MIMIC Character Evidence

Character evidence is generally inadmissible to prove conduct, but may be admissible to show motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake.

Hearsay Definition

An out-of-court statement offered to prove the truth of the matter asserted; subject to exemptions (party-opponent, prior statements) and exceptions (present sense impression, excited utterance, business records).

Daubert Standard

Expert testimony is admissible if the witness is qualified, the testimony is based on reliable methods, and the testimony fits the facts; the trial judge acts as gatekeeper.

Strict Liability: Abnormally Dangerous

Strict liability applies to abnormally dangerous activities that create a foreseeable and highly significant risk of harm that cannot be eliminated with reasonable care and are inappropriate to their location.

Actual Malice in Defamation

Defamation of a public figure requires actual malice, meaning knowledge of falsity or reckless disregard for the truth; private plaintiffs need at least negligence for matters of public concern.

Anticipatory Repudiation

A party's clear indication that it will not perform allows the non-breaching party to treat the contract as breached immediately or wait; the repudiating party may retract unless the other party has materially changed position.

Expectation Damages

Damages that place the non-breaching party in the position performance would have produced; consequential damages require foreseeability under Hadley v. Baxendale, and mitigation limits recovery.

Felony Murder Rule

Murder liability for a death occurring during the commission of an inherently dangerous felony; the felony must be independent of the killing and not merge, and the death must be foreseeable.

Accomplice Liability

A person is liable for a crime if he intentionally assists the principal's conduct; mere knowledge or presence is insufficient, and withdrawal requires repudiation or neutralizing assistance before the crime.

Commerce Clause: Substantial Effects

Congress may regulate channels and instrumentalities of interstate commerce, persons or things in interstate commerce, and activities that substantially affect interstate commerce.

Procedural Due Process Test

Procedural due process requires notice and an opportunity to be heard before deprivation of life, liberty, or property; the Mathews v. Eldridge test weighs private interest, risk of error, and government interest.

Business Judgment Rule

A presumption that directors acted on an informed basis, in good faith, and in the honest belief that the action was in the corporation's best interest; it protects disinterested decisions.

Duty of Loyalty

Directors and officers must act in the corporation's best interest; the duty prohibits self-dealing, insider trading, usurping corporate opportunities, and competing with the corporation.

Shareholder Derivative Action

A lawsuit brought by a shareholder on behalf of the corporation; the shareholder must make a demand on the board or show futility, and any recovery goes to the corporation.

Partnership Formation

Under RUPA, a partnership is an association of two or more persons to carry on a business for profit; absent an agreement, profits and losses are shared equally and each partner has equal management rights.

Limited Liability Partnership

An LLP shields partners from personal liability for partnership obligations arising from the negligence or malpractice of other partners, but partners remain liable for their own negligence.

UCC Article 9 Attachment

A security interest attaches when value is given, the debtor has rights in the collateral, and a security agreement is authenticated; attachment makes the interest enforceable against the debtor.

Purchase-Money Security Interest Priority

A PMSI in goods has priority over conflicting security interests if perfected within 20 days after the debtor receives possession; a PMSI in consumer goods is automatically perfected.

Holder in Due Course

A holder who takes a negotiable instrument for value, in good faith, and without notice of defenses; an HDC takes free of personal defenses but subject to real defenses.

Automatic Stay in Bankruptcy

A bankruptcy filing stays collection actions, foreclosures, and lawsuits against the debtor; the stay is automatic and applies to all creditors, subject to limited exceptions.

Premarital Agreement Enforceability

A premarital agreement is enforceable if in writing, voluntarily executed, and not unconscionable; it may waive spousal support and property rights, subject to statutory requirements.

Best Interests of the Child

The standard for custody decisions, considering factors such as stability, parental fitness, the child's preference, and the child's relationship with each parent.

Will Formalities

A valid will requires testamentary intent, capacity, and statutory formalities: signature by the testator and two witnesses in most states; holographic wills are valid in many states if material provisions are handwritten.

Ademption

When specifically devised property is no longer in the estate at death, the beneficiary receives nothing; ademption does not apply to general devises or if the disposition is a satisfaction.

Spendthrift Trust

A trust provision that restricts voluntary and involuntary alienation by beneficiaries; it protects trust assets from creditors, subject to exceptions for necessities and certain government claims.

Most Significant Relationship Test

A conflict-of-laws approach that applies the law of the state with the most significant relationship to the parties and the transaction, considering factors such as place of injury and domicile.

MPT File and Library

The File contains facts and the Library contains legal authorities; candidates must apply the provided law to the provided facts rather than relying on outside knowledge.

MPT Time Allocation

Each MPT task is 90 minutes; a common approach is 45 minutes reading and outlining, 40 minutes drafting, and 5 minutes reviewing.

MPT Objective Memo Format

Heading, question presented, brief answer, statement of facts, analysis, and conclusion; each legal element should be analyzed separately with facts from the File.