JBA Admission Exam flashcards

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

Judicial Review

The power of courts to review and invalidate legislative or executive acts that violate the constitution, establishing the constitution as supreme over ordinary statutes.

Standing Doctrine

Constitutional requirement that a plaintiff show injury in fact, causation traceable to the defendant, and redressability by a favorable judicial decision.

Strict Scrutiny

Standard of review requiring the government to prove a compelling interest and narrow tailoring; applies to suspect classifications and fundamental rights.

Political Question Doctrine

Doctrine barring courts from deciding issues textually committed to another branch, such as foreign affairs recognition or impeachment trial procedures.

Consideration

A bargained-for exchange of value that makes a promise enforceable; it may be a benefit to the promisor or detriment to the promisee.

Statute of Frauds

Rule requiring a signed writing for enforceability of certain contracts, including land sales, suretyship, one-year contracts, and goods above the threshold.

Res Ipsa Loquitur

Doctrine allowing an inference of negligence when an accident is of a type that ordinarily does not occur without negligence and the instrumentality was under defendant's control.

Adverse Possession

Acquisition of title by actual, open, notorious, exclusive, and continuous possession of land for the statutory period, often requiring hostility to the true owner.

Mens Rea

The mental state element of a crime, categorized as purposely, knowingly, recklessly, or negligently, and required for each material element of the offense.

Felony Murder Rule

Doctrine imposing murder liability for a death occurring during the commission of an inherently dangerous felony, without proof of intent to kill.

M'Naghten Test

Insanity standard excusing a defendant who, due to mental disease, did not know the nature of the act or that it was wrong.

Attempt Liability

Inchoate offense requiring specific intent to commit the target crime plus a substantial step beyond mere preparation toward completion.

UCC Firm Offer

Merchant's signed written promise to keep an offer open is irrevocable without consideration for up to three months under UCC 2-205.

Security Interest Attachment

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

Holder in Due Course

A holder who takes a negotiable instrument for value, in good faith, and without notice of dishonor or claims, free of personal defenses.

Piercing the Corporate Veil

Doctrine holding shareholders personally liable where the corporation is used for fraud, is undercapitalized, or fails to observe separate formalities.

Diversity Jurisdiction

Federal subject matter jurisdiction requiring complete diversity of citizenship among parties and an amount in controversy exceeding $75,000.

Erie Doctrine

Rule that federal courts sitting in diversity must apply state substantive law and federal procedural law to avoid forum shopping and inequitable administration.

Summary Judgment

Pretrial disposition granted when no genuine dispute of material fact exists and the moving party is entitled to judgment as a matter of law.

Res Judicata

Claim preclusion barring relitigation of the same claim between the same parties after a final judgment on the merits.

Terry Stop

Brief investigative detention permitted on reasonable suspicion of criminal activity, including a limited pat-down for weapons if safety concerns exist.

Miranda Warnings

Required advisement of rights before custodial interrogation: right to remain silent, right to counsel, and warning that statements may be used against the suspect.

Exclusionary Rule

Rule barring use of evidence obtained through unconstitutional searches or seizures, subject to exceptions including good faith and inevitable discovery.

Double Jeopardy

Constitutional protection barring a second prosecution after acquittal or conviction and barring multiple punishments for the same offense.

Notice and Comment

Informal rulemaking procedure under the APA requiring publication of proposed rules, opportunity for public comment, and a statement of basis and purpose.

Arbitrary and Capricious Review

Standard requiring an agency to examine relevant data and articulate a rational connection between the facts found and the choice made.

Exhaustion of Remedies

Requirement that parties pursue available administrative review before seeking judicial relief, excused by futility or constitutional claims.

Informed Consent Conflicts

Written client consent permitting representation despite a conflict, valid only if the lawyer reasonably believes competent and diligent representation remains possible.

Client Trust Account

Account holding client funds separate from lawyer funds; commingling is prohibited and records must be maintained to account for each client.

Duty of Candor

Obligation not to knowingly make false statements of fact or law to a tribunal and to correct prior false statements previously made.

IRAC Method

Analytical structure presenting Issue, Rule, Application, and Conclusion; each section advances a discrete step in legal reasoning.

Binding Versus Persuasive Authority

Binding authority controls within a court's jurisdiction, such as higher court precedent; persuasive authority, such as sister-state decisions, may inform but not compel.