KS Bar cheat sheet

Personal jurisdiction requires minimum contacts, purposeful availment, relatedness, and fair play; general jurisdiction exists only where the defendant is essentially at home (incorporation state or principal place of business for entities).

Diversity jurisdiction under 28 U.S.C. § 1332 requires complete diversity and an amount in controversy exceeding $75,000, exclusive of interest and costs; a single plaintiff may aggregate claims against one defendant but not against multiple defendants.

Supplemental jurisdiction (§ 1367) reaches claims sharing a common nucleus of operative fact with a claim invoking original jurisdiction, but in diversity cases it cannot extend to claims by plaintiffs against third parties under Rule 14, Rule 19, Rule 20, or Rule 24.

A federal question exists under § 1331 when the plaintiff's well-pleaded complaint itself raises the federal issue; a federal defense or anticipated defense does not create jurisdiction.

Venue under § 1391 lies where any defendant resides (if all reside in the same state), where a substantial part of the events occurred, or, if no other district fits, where any defendant is subject to personal jurisdiction.

Erie doctrine: federal procedural rules and statutes govern; in their absence, federal courts apply state substantive law, including state statutes of limitations and choice-of-law rules, as determined by outcome-determination and forum-shopping policies.

Rule 12 waives defenses of lack of personal jurisdiction, improper venue, insufficient process, and insufficient service by omission from a pre-answer motion or answer; subject-matter jurisdiction and failure to state a claim are never waived.

Summary judgment under Rule 56 requires no genuine dispute of material fact and entitlement to judgment as a matter of law; the nonmovant receives all reasonable inferences.

Standing requires injury in fact (concrete and particularized, actual or imminent), causation traceable to the defendant, and redressability; third-party and generalized-grievance standing are generally barred.

Strict scrutiny applies to suspect classifications (race, national origin, alienage in most contexts) and fundamental rights; the law must be necessary to a compelling interest and narrowly tailored.

Intermediate scrutiny applies to sex and illegitimacy classifications; the classification must serve important governmental objectives and be substantially related to achieving them.

Rational basis review applies to age, poverty, sexual orientation (under current doctrine), and other social/economic classifications; the law must be rationally related to a legitimate interest.

Content-based speech restrictions receive strict scrutiny; content-neutral time, place, and manner regulations must be narrowly tailored to a significant interest and leave open ample alternative channels.

The Establishment Clause (Lemon/endorsement/coercion lines) bars government action that lacks a secular purpose, has the primary effect of advancing or inhibiting religion, or excessively entangles government with religion.

Under the Fourth Amendment, a warrant requires probable cause and particularity; warrantless searches are per se unreasonable subject to exceptions including consent, search incident to arrest, automobile, plain view, exigency, and inventory.

The Commerce Clause permits regulation of channels and instrumentalities of interstate commerce and activities substantially affecting interstate commerce; post-Lopez, noneconomic intrastate activity requires a jurisdictional hook.

UCC § 2-207: a definite and seasonable expression of acceptance operates as an acceptance even if it states additional or different terms; between merchants, additional terms become part of the contract unless they materially alter it, are objected to, or the offer limits acceptance to its terms.

Under the common law, a counteroffer terminates the power of acceptance; under the UCC, additional or different terms generally do not prevent contract formation.

The Statute of Frauds requires a writing for contracts involving land, suretyship, marriage consideration, performance over one year, and sale of goods of $500 or more (UCC § 2-201); the merchant's confirmatory memorandum satisfies it between merchants who fail to object within 10 days.

Consideration requires a bargained-for exchange; past consideration, moral obligation, and illusory promises are insufficient, though promissory estoppel may substitute for reliance that is definite, induced, and unjust without enforcement.

Anticipatory repudiation gives the nonbreaching party immediate rights to sue or await performance; retraction is permitted until the aggrieved party materially changes position or indicates finality.

Expectation damages place the injured party in the position performance would have produced; consequential damages require foreseeability under Hadley v. Baxendale; mitigation limits recovery.

The parol evidence rule bars prior or contemporaneous oral statements that contradict a fully integrated writing; consistent additional terms may be admitted unless the writing is fully integrated.

An assignment transfers rights; an obligor may assert against the assignee any defense arising from the contract, and a delegation of duties does not relieve the delegator absent a novation.

Common law murder is unlawful killing with malice aforethought, shown by intent to kill, intent to inflict serious bodily harm, reckless indifference to an unjustifiably high risk (depraved heart), or felony murder.

Voluntary manslaughter requires adequate provocation (heat of passion) that would provoke a reasonable person, no cooling period, and a causal link between provocation and killing; imperfect self-defense also mitigates.

Felony murder limits: the felony must be independent of the killing (BARRK felonies at common law), the death must be foreseeable, and the agency theory versus proximate cause theory affects liability for co-felon deaths.

Specific intent crimes (e.g., burglary, larceny, embezzlement, assault with attempt, premeditated murder, solicitation, conspiracy) allow the defenses of voluntary intoxication and unreasonable mistake of fact.

Attempt requires specific intent to commit the target crime plus a substantial step beyond mere preparation; legal impossibility is a defense, factual impossibility is not.

Conspiracy requires an agreement plus intent to agree and to achieve the objective; under the bilateral approach both parties must have genuine intent, while the unilateral approach requires only one.

The exclusionary rule bars evidence obtained in violation of the Fourth Amendment; exceptions include inevitable discovery, independent source, attenuation, and good-faith reliance on a warrant.

Miranda warnings (custody plus interrogation) are required before custodial interrogation; the public safety exception permits unwarned questioning about imminent threats.

Relevance requires that evidence make a fact of consequence more or less probable; Rule 403 permits exclusion if probative value is substantially outweighed by danger of unfair prejudice, confusion, or waste of time.

Character evidence is inadmissible to prove conduct in conformity, but is admissible for other purposes (motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake) and in civil cases where character is an essential element.

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted; non-hearsay uses include impeachment, effect on the listener, and verbal acts with independent legal significance.

Firmly rooted hearsay exceptions include present sense impression, excited utterance, then-existing state of mind, statements for medical diagnosis, recorded recollection, business records, and public records.

The residual exception (Rule 807) requires trustworthiness and materiality, and cannot be used if the statement is offered against a criminal defendant and the declarant is unavailable due to the proponent's wrongdoing.

Under Crawford, testimonial hearsay is barred unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine; nontestimonial statements remain governed by reliability rules.

Impeachment by prior inconsistent statement requires an opportunity to explain or deny (except under Rule 613(b) exceptions); extrinsic evidence of bias, conviction, or contradictory facts is limited.

Privileges: attorney-client protects confidential communications for legal advice and survives the client's death; spousal privilege includes confidential marital communications and the testimonial privilege in criminal cases.

Present estates: fee simple absolute (alienable, devisable, descendible, no future interest), fee tail (rare), life estate (measured by a life), and fee simple defeasible (determinable, subject to condition subsequent, executory limitation).

Future interests retained by the grantor: possibility of reverter, right of entry (power of termination), and reversion; created in grantees: remainder (vested or contingent) and executory interest.

The Rule Against Perpetuities: no interest is good unless it must vest, if at all, not later than 21 years after some life in being at creation; applies to contingent remainders, executory interests, and vested remainders subject to open.

A deed requires identification of the parties, words of grant, description of the land, and signature of the grantor; delivery requires intent, and recording statutes determine priority (race, notice, race-notice).

Adverse possession requires actual, exclusive, open and notorious, continuous use for the statutory period (Kansas: 15 years) and hostility; tacking is permitted with privity.

Landlord-tenant: the implied warranty of habitability applies to residential leases; constructive eviction occurs when conditions render premises uninhabitable and the tenant vacates within a reasonable time.

Easements can be created by express grant, implication, necessity, or prescription; easements appurtenant benefit a dominant estate, while easements in gross have no dominant estate.

Co-tenancy: joint tenants have right of survivorship and unity of time, title, interest, and possession; tenants in common lack survivorship; a tenant may seek partition.

Negligence requires duty, breach, actual cause, proximate cause, and damages; duty is generally owed to foreseeable plaintiffs under the Cardozo approach, while the Andrews dissent favors foreseeability of harm to any plaintiff in the zone of danger.

Res ipsa loquitur permits an inference of negligence when the instrumentality was in the defendant's exclusive control and the accident would not ordinarily occur absent negligence.

Strict liability applies to abnormally dangerous activities (e.g., blasting, storing explosives) and to defective products under Restatement § 402A; the plaintiff must show a defect, causation, and harm.

Products liability theories include manufacturing defect, design defect (consumer expectation or risk-utility test), and failure to warn; defenses include assumption of risk, misuse, and the state-of-the-art defense.

Intentional torts: battery requires harmful or offensive contact with intent; assault requires apprehension of imminent contact; false imprisonment requires confinement within boundaries without consent or authority.

Defamation requires a defamatory statement of fact, publication, and fault; public figures must prove actual malice (knowledge of falsity or reckless disregard) under New York Times v. Sullivan.

Invasion of privacy torts: appropriation of name or likeness, intrusion upon seclusion, public disclosure of private facts, and false light; each requires different elements and defenses.

Comparative negligence reduces recovery proportionally; contributory negligence is a complete bar in a minority of jurisdictions; assumption of risk requires knowledge and voluntary acceptance of a known risk.

Agency requires consent, control, and a fiduciary relationship; apparent authority arises from manifestations by the principal to a third party, not from the agent's own representations.

General partnerships: all partners are jointly and severally liable for partnership obligations; a partner's transfer of interest does not dissolve the partnership but merely assigns economic rights.

Limited partnerships require at least one general partner and one limited partner; limited partners are liable only to the extent of their contributions unless they participate in control.

LLCs provide limited liability to members and pass-through taxation unless the entity elects corporate treatment; members may agree to manage the LLC or appoint managers.

Corporate formation requires articles of incorporation filed with the state, bylaws, and an organizational meeting; de facto corporation and corporation by estoppel doctrines address defective formation.

Piercing the corporate veil requires abuse of the corporate form, such as commingling, undercapitalization, or fraud, and is typically applied to close corporations; the plaintiff must show injustice.

Directors owe duties of care and loyalty; the business judgment rule presumes informed decisions made in good faith and without conflicts; the entire fairness standard applies to self-dealing transactions.

Securities law: Section 10(b) and Rule 10b-5 prohibit material misrepresentations or omissions in connection with the purchase or sale of securities, requiring scienter and reliance.

Kansas requires a 60-day waiting period after filing for divorce unless there are children or an emergency; the court may waive the waiting period for good cause.

Marital property in Kansas is divided under the doctrine of equitable division; the court considers factors including the length of marriage, age and health of the parties, and contributions to the marriage.

Child custody in Kansas follows the best interests of the child standard, considering factors such as the child's adjustment to home and school, the parties' willingness to support the child's relationship with the other parent, and any history of abuse.

Child support in Kansas is calculated using the Kansas Child Support Guidelines, which consider the parents' incomes, the number of children, and parenting time.

Spousal maintenance (alimony) in Kansas is discretionary and considers the parties' financial resources, the length of the marriage, the standard of living during the marriage, and the ability of the parties to support themselves.

Common law marriage in Kansas requires capacity to marry, a present agreement to be married, cohabitation, and a reputation of being married; it is recognized if the elements are met.

Paternity may be established by voluntary acknowledgment, court order, or DNA testing; the Kansas Department for Children and Families administers child support enforcement.

A premarital agreement in Kansas must be in writing and signed by both parties; it is enforceable unless it was unconscionable when executed or there was fraud, duress, or inadequate disclosure.

Kansas follows a modified comparative fault rule under K.S.A. 60-258a: a plaintiff's recovery is reduced by their percentage of fault, and recovery is barred if the plaintiff's fault is 50% or more.

Kansas has a 2-year statute of limitations for personal injury actions (K.S.A. 60-513) and a 5-year statute for written contracts (K.S.A. 60-511).

Kansas adopted the Kansas Rules of Civil Procedure, which closely track the Federal Rules; the Kansas Supreme Court has rulemaking authority for practice and procedure.

The Kansas Court of Appeals hears appeals from district courts; the Kansas Supreme Court has discretionary review and original jurisdiction over certain matters, including attorney discipline.

Kansas is a notice-pleading state; a petition must contain a short and plain statement of the claim showing entitlement to relief, and motions to dismiss are governed by K.S.A. 60-212.

Kansas discovery rules allow broad relevance-based discovery, with work product protection and privilege limitations; the court may impose sanctions for noncompliance.

Kansas uses a 12-person jury in felony cases and a 6-person jury in misdemeanor cases; civil juries typically consist of 12 members unless the parties agree otherwise.

Kansas recognizes the doctrine of comparative negligence in tort cases but applies joint and several liability with several liability limits under K.S.A. 60-258a(d).

A lawyer must keep client information confidential under Rule 1.6; disclosure is permitted to prevent reasonably certain death or substantial bodily harm, to prevent a client from committing a crime or fraud, or to comply with law or court order.

Conflicts of interest: a concurrent conflict exists when representation of one client will be directly adverse to another or when there is a significant risk that representation will be materially limited; informed consent confirmed in writing may cure.

A lawyer may not represent a client if the representation will result in a violation of the law or if the lawyer has a conflict that cannot be waived; former-client conflicts require the matters be substantially related.

Fee agreements must be reasonable; contingent fees are prohibited in criminal cases and in domestic relations matters where the fee is contingent on securing a divorce or amount of support.

A lawyer must not commingle client funds with personal funds; client funds must be held in a trust account, and earned fees must be withdrawn promptly.

Advertising and solicitation rules prohibit false or misleading communications and direct in-person solicitation of prospective clients for pecuniary gain in most circumstances.

A lawyer must withdraw if representation will result in a violation of the rules or law, or if the lawyer's physical or mental condition materially impairs representation; permissive withdrawal requires good cause and no material prejudice.

The duty of competence requires legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation; malpractice liability requires a breach of the standard of care and causation.

A valid trust requires a settlor with capacity and intent, trust property (res), a trustee, and identifiable beneficiaries; a charitable trust requires a charitable purpose and may be enforced by the attorney general.

A testamentary trust is created by will and takes effect at death; an inter vivos trust is created during the settlor's lifetime and may be revocable or irrevocable.

The trustee owes fiduciary duties of loyalty, prudence, impartiality, and accounting; the duty of loyalty prohibits self-dealing absent authorization in the trust instrument or court approval.

The Rule Against Perpetuities applies to trusts: interests must vest within lives in being plus 21 years; Kansas has adopted a modified rule allowing a longer period for certain trusts.

Intestate succession in Kansas: if the decedent leaves a spouse and descendants, the spouse receives the entire estate if all descendants are also the spouse's; otherwise the spouse receives half and the descendants share the remainder.

A will requires testamentary capacity, intent, signature by the testator, and attestation by two witnesses; holographic wills are valid in Kansas if the signature and material provisions are in the testator's handwriting.

Revocation of a will may occur by a subsequent will, physical act with intent to revoke, or operation of law (e.g., divorce revokes provisions for the former spouse).

The personal representative administers the estate, pays debts and taxes, and distributes assets; non-probate assets (joint tenancy, life insurance, retirement accounts) pass outside the will.