KS Bar flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Minimum contacts
- A due process standard requiring that a defendant have purposeful contacts with the forum state such that jurisdiction comports with fair play and substantial justice.
- Complete diversity
- A requirement for diversity jurisdiction that no plaintiff share state citizenship with any defendant; minimal diversity is insufficient under 28 U.S.C. § 1332.
- Erie doctrine
- A rule that federal courts apply state substantive law and federal procedural law, determined by whether applying state law would affect the outcome or encourage forum shopping.
- Summary judgment standard
- Judgment granted when there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law, viewing evidence in the light most favorable to the nonmovant.
- Standing elements
- Injury in fact that is concrete and particularized, causation traceable to the defendant's conduct, and redressability through a favorable court decision.
- Strict scrutiny
- The most demanding review, applied to suspect classifications and fundamental rights, requiring the law be necessary to a compelling interest and narrowly tailored.
- Content-neutral regulation
- A speech regulation that applies regardless of message and must be narrowly tailored to a significant interest while leaving open ample alternative channels of communication.
- Fourth Amendment warrant
- A judicial authorization based on probable cause and particularity describing the place to be searched and the persons or things to be seized.
- UCC 2-207
- A provision governing acceptance with additional or different terms in sale-of-goods contracts, treating a definite expression of acceptance as creating a contract.
- Statute of Frauds
- A writing requirement for certain contracts, including land sales, suretyship, marriage consideration, one-year performance, and goods of $500 or more.
- Expectation damages
- A remedy placing the nonbreaching party in the position they would have occupied had the contract been fully performed, including foreseeable consequential losses.
- Anticipatory repudiation
- A clear and unequivocal indication before performance is due that a party will not perform, allowing the nonbreaching party to sue immediately or await performance.
- Malice aforethought
- The mental state for common law murder, shown by intent to kill, intent to cause serious bodily harm, reckless indifference, or felony murder.
- Felony murder rule
- A doctrine imposing murder liability for a death occurring during the commission of an inherently dangerous felony, subject to limitations such as the merger doctrine.
- Exclusionary rule
- A rule barring evidence obtained through unconstitutional searches or seizures, subject to exceptions such as inevitable discovery, independent source, and good faith.
- Miranda warnings
- Required advisements of rights to silence and counsel before custodial interrogation, with waiver required for admissibility of resulting statements.
- Rule 403 balancing
- A discretionary test excluding relevant evidence if its probative value is substantially outweighed by danger of unfair prejudice, confusion, or waste of time.
- Hearsay definition
- An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible unless an exception or exclusion applies.
- Crawford confrontation
- A rule barring testimonial hearsay against a criminal defendant unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine.
- Rule Against Perpetuities
- A rule voiding future interests that might vest more than 21 years after a life in being at creation, applied to contingent remainders and executory interests.
- Adverse possession elements
- Actual, exclusive, open and notorious, continuous, and hostile possession of another's land for the statutory period, which in Kansas is 15 years.
- Joint tenancy
- A form of co-ownership with right of survivorship requiring unity of time, title, interest, and possession among the co-tenants.
- Negligence elements
- Duty, breach, actual and proximate causation, and damages, with duty generally owed to foreseeable plaintiffs under the Cardozo approach.
- Res ipsa loquitur
- A doctrine permitting an inference of negligence when the instrumentality causing harm was in the defendant's exclusive control and the accident would not ordinarily occur absent negligence.
- Actual malice
- A defamation fault standard for public figures requiring knowledge of falsity or reckless disregard for the truth, established in New York Times v. Sullivan.
- Products liability
- Strict liability for defective products requiring a defect, causation, and harm, with theories including manufacturing defect, design defect, and failure to warn.
- Apparent authority
- An agency doctrine holding a principal liable for an agent's acts when the principal's manifestations lead a third party reasonably to believe the agent has authority.
- Business judgment rule
- A presumption that directors acted in good faith and on an informed basis, protecting their decisions from liability absent breach of care or loyalty.
- Piercing the corporate veil
- A remedy disregarding limited liability when the corporate form is abused through commingling, undercapitalization, or fraud, resulting in injustice.
- Kansas comparative fault
- A modified comparative fault rule reducing a plaintiff's recovery by their percentage of fault and barring recovery if fault is 50% or more.
- Kansas intestate succession
- A scheme in which a surviving spouse receives the entire estate if all descendants are the spouse's, otherwise half with descendants sharing the remainder.
- Trustee duty of loyalty
- A fiduciary obligation prohibiting self-dealing and requiring the trustee to act solely in the beneficiaries' interests absent authorization in the trust instrument or court approval.