IN Bar key terms

A court's power over a particular defendant, requiring minimum contacts with the forum, fair play, and substantial justice; usually satisfied by residency, consent, service within the state, or purposeful availment plus relatedness.

The constitutional test asking whether a defendant purposefully established contacts with the forum such that suit is reasonable; general contacts support any claim, specific contacts must arise from or relate to the claim.

A state law authorizing courts to reach nonresident defendants who commit specified acts in the state, such as transacting business or causing tortious injury; it must also satisfy constitutional due process limits.

A court's authority to hear a category of case. Federal courts are limited to cases involving federal questions or diversity of citizenship with the amount in controversy exceeding $75,000.

Federal jurisdiction over civil actions between citizens of different states, or between a citizen and an alien, where the amount in controversy exceeds $75,000 and complete diversity exists at filing.

Federal court authority over claims arising under the Constitution, federal statutes, or treaties, determined from the well-pleaded complaint rather than anticipated defenses.

Federal jurisdiction over state claims forming part of the same case or controversy as a claim with original jurisdiction; discretionary in diversity cases, and never available to plaintiffs against nondiverse parties.

A federal court sitting in diversity applies state substantive law and federal procedural law; if federal and state rules conflict, the federal rule governs when it is valid and directly on point.

A Rule 12(b)(6) motion asserting that the complaint, even if its factual allegations are true, does not entitle the plaintiff to relief; courts disregard legal conclusions and assess plausibility.

A pretrial motion granted when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law, based on pleadings, affidavits, and discovery evidence viewed in the nonmovant's favor.

The initial written statements of a party's claims or defenses; federal notice pleading requires a short plain statement of the grounds for jurisdiction and a demand for relief, not detailed facts.

A claim asserted by a defendant against the plaintiff; compulsory counterclaims arise from the same transaction or occurrence and must be raised, while permissive counterclaims need an independent jurisdictional basis.

A final judgment on the merits bars a later suit between the same parties on the same claim, including claims that were or could have been litigated in the first action.

A party is bound in later litigation by an issue actually litigated and necessarily decided in prior litigation, provided the party against whom it is asserted had a full and fair opportunity to litigate.

A manifestation of present contractual intent that creates a power of acceptance in the offeree; it must be definite enough to identify the parties, subject matter, price, and quantity where relevant.

An unequivocal assent to the terms of an offer, made in the manner invited; the mirror image rule governs common law contracts, while UCC Article 2 permits additional or different terms in some cases.

A bargained-for exchange of legal detriment or benefit; a promise is enforceable only if the promisee gives something of value in return, not merely a preexisting duty or past act.

Detrimental reliance that makes a promise enforceable without consideration when the promisor should reasonably expect reliance, reliance occurs, and injustice can be avoided only by enforcement.

An acceptance is generally effective on dispatch, while a rejection or revocation is effective on receipt; an option contract is an exception, and an offeree who sends rejection then acceptance creates uncertainty.

Uniform Commercial Code provisions governing contracts for the sale of goods, applying a relaxed open-terms standard, perfect tender rule, and firm-offer rule for merchants.

A writing requirement for certain contracts, including sales of goods over $500, suretyship, marriage, land, and contracts not performable within one year; it must be signed and state essential terms.

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

The obligation to act as a reasonably prudent person under like circumstances; special standards apply to professionals, children, and landowners, and no duty exists for pure failures to act absent a special relationship.

A cause that is a substantial factor in producing harm and is not so remote or unforeseeable that liability would be unfair; intervening causes break the chain unless foreseeable.

An inference of negligence permitted when the accident is of a kind that ordinarily does not occur without negligence, was caused by an instrumentality in the defendant's exclusive control, and was not due to plaintiff's conduct.

Liability without proof of fault for abnormally dangerous activities and for defective products; the plaintiff must show the activity or defect caused harm and that the defendant was engaged in the relevant enterprise.

Liability of manufacturers and sellers for harm caused by defective products, based on manufacturing defects, design defects, or failure to warn, with defenses including misuse and comparative fault.

A tort requiring intent to act and intent to cause harmful or offensive contact or apprehension; examples include battery, assault, false imprisonment, trespass, and conversion.

Government conduct infringing a reasonable expectation of privacy or physically intruding on a constitutionally protected area; warrantless searches are presumptively unreasonable absent an exception.

A reasonable basis, supported by facts and circumstances, to believe a crime has been or is being committed or that evidence will be found in a particular place; required for arrests and warrants.

The remedy suppressing evidence obtained in violation of the Fourth Amendment, subject to exceptions including good faith, inevitable discovery, and attenuation; it generally does not apply in grand jury or civil proceedings.

Custodial interrogation requires advisement of the rights to remain silent and to counsel; waiver must be knowing and voluntary, and invocation of either right ends questioning under stated rules.

The right to appointed counsel in criminal prosecutions attaches at critical stages after formal charges; it bars police interrogation of a represented defendant without counsel present.

Due process requires that a confession be voluntary, considering the totality of circumstances including police coercion, duration of interrogation, and the suspect's characteristics; involuntary confessions are inadmissible.

An out-of-court statement offered to prove the truth of the matter asserted; it is generally inadmissible unless an exception or exclusion applies, such as a prior statement or an opposing party's admission.

Categories permitting hearsay, including present sense impression, excited utterance, statements for medical diagnosis, business records, and public records, each with distinct foundational requirements.

The Sixth Amendment right of a criminal defendant to confront witnesses; testimonial hearsay is barred unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine.

In an MPT task, a concise identification of the legal question the memo or brief must answer, framed with the governing jurisdiction and the key facts that make the question live.

An MPT format predicting how a court would rule, using neutral analysis, an office memorandum heading, a question presented, a brief answer, a statement of facts, and discussion of both sides.

An MPT format advocating for a client, typically including a caption, statement of facts, argument with point headings, and conclusion; it presents favorable facts and distinguishes adverse authority.

An MPT format translating legal analysis into plain language for a client, explaining options, risks, and recommended next steps without excessive citation or jargon.