IN SW Juris key terms

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

A state law listing circumstances in which its courts may exercise jurisdiction over nonresident defendants, such as transacting business or committing a tort within the state.

The purposeful connection between a defendant and the forum state that makes jurisdiction fair, shown by purposeful availment, relatedness of the claim, and reasonableness of litigation there.

The proper geographic location within a court system for filing suit, usually where a defendant resides or where the events giving rise to the claim occurred.

A court's discretionary dismissal of a case that belongs in a substantially more convenient forum elsewhere, conditioned on the defendant's waiver of objections in the alternative forum.

A pretrial ruling disposing of all or part of a case when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law.

The rule that federal courts sitting in diversity apply state substantive law and federal procedural rules, with federal common law governing areas committed to federal control.

Federal subject-matter jurisdiction over civil actions between citizens of different states, or citizens and aliens, where the amount in controversy exceeds the statutory threshold.

The requirement that constitutional protections constrain only governmental conduct, so purely private behavior generally is not actionable under the Fourteenth Amendment.

The most demanding equal protection standard, requiring a law to serve a compelling governmental interest and be narrowly tailored; presumptively used for suspect classifications and fundamental rights.

A middle-tier equal protection test requiring an important governmental interest and a law substantially related to achieving it, applied to sex-based and illegitimacy classifications.

Constitutional guarantees of fair procedure before deprivation of life, liberty, or property, and substantive protection against arbitrary governmental interference with fundamental rights.

A criminal or regulatory statute is unconstitutional when it fails to give a person of ordinary intelligence fair notice of what conduct is prohibited or encourages arbitrary enforcement.

Custodial interrogation requires police to advise a suspect of the rights to remain silent and to counsel, and that anything said may be used against the suspect.

Governmental intrusion into an area where a person has a reasonable expectation of privacy, or physical trespass on a constitutionally protected area to gather information.

The remedy suppressing evidence obtained in violation of constitutional rights, subject to exceptions including good faith, inevitable discovery, and attenuation.

Derivative evidence discovered through an earlier constitutional violation is also suppressed unless the connection to the illegality has become sufficiently attenuated.

Questioning by law enforcement after a suspect has been formally arrested or restrained to a degree associated with formal arrest, triggering Miranda safeguards.

A contract provision stating that the written agreement is the complete and final expression of the parties' terms, barring evidence of prior or contemporaneous agreements.

Substantive rule excluding prior or contemporaneous oral or written statements that contradict or vary a fully integrated written agreement.

Under UCC Article 2, a buyer may reject goods unless they conform exactly to the contract in every respect, subject to cure and installment exceptions.

A sequence of previous conduct between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding.

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

A statement relating to a startling event made while the declarant was under the stress of excitement it caused, admissible as a hearsay exception.

The Sixth Amendment right of a criminal defendant to confront adverse witnesses, restricting admission of testimonial hearsay when the declarant is unavailable.

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

A statute determining priority among competing interests in the same land based on recording, notice, or race-notice principles.

An easement acquired by open, notorious, continuous, and adverse use of another's land for the statutory period, without the owner's permission.

A doctrine permitting negligence to be inferred when an accident is of a kind that ordinarily does not occur without negligence, caused by an instrumentality under the defendant's exclusive control.

An unexcused violation of a statute designed to protect a class including the plaintiff against the type of harm suffered, establishing breach as a matter of law.

The limitation on liability requiring that the defendant's breach be a cause in fact of harm and that the harm fall within the scope of foreseeable risk.

A legal obligation of loyalty and care owed by a person entrusted with another's interests, requiring avoidance of self-dealing and disclosure of conflicts.

Disregarding limited liability to hold shareholders personally liable where the corporation is used as a mere instrumentality or alter ego, or is undercapitalized, causing injustice.

An agent's power to bind a principal arising from the principal's manifestations to a third party that create a reasonable belief the agent is authorized.

A contract executed before marriage that defines each spouse's rights to property and support upon divorce or death, enforceable if procedurally and substantively fair.

A divorce court's division of marital property based on fairness factors rather than title, distinguishing separate property owned before marriage or acquired by gift or inheritance.

A rule voiding interests that might vest more than twenty-one years after a life in being at creation, limiting dead-hand control over future transfers.

The mental ability to make a will, requiring the testator to know the nature of the act, the property, the natural objects of bounty, and the plan of disposition.

An implied trust arising when a transfer is made without complete disposition of the beneficial interest, so the transferor or successors retain the beneficial interest.

An equitable remedy imposing a trust on property wrongfully acquired or retained, preventing unjust enrichment of a person who holds title inequitably.

The step creating an enforceable security interest: value given, debtor's rights in the collateral, and either a security agreement or possession or control.

The step making a security interest effective against third parties, typically by filing a financing statement, possession, control, or automatic perfection in limited cases.

A security interest securing the price of collateral or value enabling acquisition, enjoying priority over earlier perfected interests if perfected within statutory deadlines.

A professional situation where a lawyer's duties to one client or personal interests materially limit representation of another, requiring informed consent or withdrawal.

An evidentiary protection allowing a client to refuse disclosure of confidential communications made to an attorney for legal advice, subject to crime-fraud and other exceptions.