IN SW Juris flashcards

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

Diversity Jurisdiction Amount

Federal diversity jurisdiction under 28 U.S.C. §1332 requires complete diversity of citizenship and an amount in controversy exceeding $75,000, exclusive of interest and costs; the amount is determined at the time of filing.

Erie Doctrine

In diversity cases, federal courts apply state substantive law and federal procedural law; if no federal rule or statute governs, the court balances federal and state interests to decide which law applies.

Claim Preclusion Elements

A final judgment on the merits bars a later suit when the same parties or their privies assert the same claim; the claim must have been or could have been litigated in the first action.

Supplemental Jurisdiction Limits

28 U.S.C. §1367(a) grants supplemental jurisdiction over claims sharing a common nucleus of operative fact; §1367(b) bars plaintiffs in diversity cases from using it against joined parties.

Strict Scrutiny Standard

A law survives strict scrutiny only if it serves a compelling government interest and is narrowly tailored to achieve that interest by the least restrictive means; it applies to suspect classifications and fundamental rights.

Brandenburg Incitement Test

Speech advocating illegal action may be punished only if it is directed to inciting imminent lawless action and is likely to produce such action; mere advocacy of abstract doctrine is protected.

Dormant Commerce Clause

States may not discriminate against interstate commerce or impose undue burdens on it; discriminatory laws face strict scrutiny, while nondiscriminatory laws are valid unless burdens clearly exceed local benefits.

Anti-Commandeering Doctrine

The Tenth Amendment bars Congress from commandeering state legislatures to enact federal law or state executives to administer federal programs; Congress may regulate individuals directly or condition federal funds.

UCC Battle of the Forms

Under UCC §2-207, a definite expression of acceptance forms a contract even with additional terms; between merchants, additional terms enter the contract unless they materially alter it, are objected to, or the offer limits acceptance.

Perfect Tender Rule

UCC §2-601 allows a buyer to reject goods that fail in any respect to conform to the contract; the seller may cure under §2-508 if time remains or the buyer rejects nonconforming goods in good faith.

Anticipatory Repudiation

Under UCC §2-610, a party's clear refusal to perform before the due date lets the aggrieved party await performance, resort to remedies, or suspend performance; retraction is allowed unless the other party changed position.

Hadley v. Baxendale Rule

Consequential damages are recoverable only if they were foreseeable at the time of contracting, either arising naturally from the breach or within the contemplation of both parties.

Miranda Custody Test

Miranda warnings are required before custodial interrogation; custody exists when a reasonable person would not feel free to leave, and interrogation includes words or actions likely to elicit an incriminating response.

Felony Murder Rule

A death occurring during the commission of an inherently dangerous felony may be murder even without intent to kill; the felony must be independent of the killing, and the death must be a foreseeable result.

Exclusionary Rule Exceptions

Illegally obtained evidence may still be admitted under the good faith, inevitable discovery, independent source, and attenuation exceptions; the rule does not apply in grand jury or civil proceedings.

Sixth Amendment Counsel Attachment

The right to counsel attaches at the initiation of formal adversarial judicial proceedings, such as arraignment or indictment, and is offense-specific; it does not attach at pre-charge investigatory stages.

Hearsay Definition

Under Federal Rule of Evidence 801, hearsay is an out-of-court statement offered to prove the truth of the matter asserted; statements used for other purposes, such as impeachment, are not hearsay.

Excited Utterance Exception

Rule 803(2) admits a statement relating to a startling event made while the declarant was under the stress of excitement it caused; the declarant's availability is immaterial.

Crawford Confrontation Rule

Testimonial statements by an unavailable declarant are inadmissible unless the defendant had a prior opportunity to cross-examine; nontestimonial statements are governed by reliability and the rules of evidence.

Rule 403 Balancing

Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, or waste of time.

Adverse Possession Elements

Title by adverse possession requires actual, exclusive, continuous, open and notorious, and hostile possession of another's land for the statutory period; some states require color of title or tax payment.

Joint Tenancy Unities

A joint tenancy requires the four unities of time, title, interest, and possession; it carries the right of survivorship and is severed by conveyance, agreement, or partition.

Recording Act Types

Race statutes protect the first to record; notice statutes protect a subsequent purchaser without notice; race-notice statutes protect a subsequent purchaser without notice who records first.

Implied Warranty of Habitability

A landlord must maintain residential premises in a habitable condition; a material breach by the landlord permits the tenant to withhold rent, repair and deduct, or terminate the lease.

Res Ipsa Loquitur

Negligence may be inferred 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 the plaintiff.

Actual Malice Standard

Public officials and public figures suing for defamation must prove the statement was made with knowledge of its falsity or reckless disregard for the truth, as required by New York Times v. Sullivan.

Proximate Cause Foreseeability

Proximate cause limits liability to harms that are a foreseeable consequence of the defendant's conduct; unforeseeable intervening causes supersede liability unless within the risk created.

Business Judgment Rule

Directors are presumed to act in good faith and in the corporation's best interests; courts defer to informed decisions unless the plaintiff shows a breach of loyalty, fraud, or lack of due care.

Partnership Liability

Each general partner is an agent of the partnership and is jointly and severally liable for partnership obligations; a limited partner's liability is limited to the capital contribution.

Best Interests of Child

Custody and support decisions are governed by the child's best interests, considering factors such as stability, parental fitness, the child's wishes, and the child's adjustment to home and school.

Rule Against Perpetuities

No interest is valid unless it must vest, if at all, no later than 21 years after a life in being at the creation of the interest; many states have adopted wait-and-see or cy pres reforms.

Purchase-Money Security Interest

A PMSI arises when a secured party gives value to enable the debtor to acquire rights in collateral; it has priority over a conflicting security interest if perfected within 20 days of the debtor's receipt of possession.