KY Bar flashcards

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

Apparent authority

Authority that arises when a principal's manifestations to a third party lead that third party reasonably to believe the agent has authority to act, binding the principal even without actual authority.

Piercing the corporate veil

A court may disregard the corporate entity when the corporation is a mere instrumentality or alter ego and honoring the entity would sanction fraud or promote injustice, exposing shareholders to personal liability.

Business judgment rule

A presumption that directors acted on an informed basis, in good faith, and in the honest belief that the action was in the corporation's best interests, protecting disinterested decisions from liability.

Complete diversity

The requirement for federal diversity jurisdiction that no plaintiff share state citizenship with any defendant; if any plaintiff and any defendant are citizens of the same state, diversity is destroyed.

Amount in controversy

For diversity jurisdiction under 28 U.S.C. § 1332, the matter in controversy must exceed $75,000 exclusive of interest and costs; the plaintiff's good-faith claim generally controls.

Claim preclusion

The doctrine barring a later suit on the same claim between the same parties or their privies after a final judgment on the merits, including claims that could have been raised.

Domicile

A person's true, fixed, and permanent home, established by physical presence plus intent to remain indefinitely; it is retained until a new domicile is acquired.

Full faith and credit

The constitutional command that states recognize the public acts, records, and judicial proceedings of other states, including final judgments rendered by courts with jurisdiction.

Most significant relationship

The Second Restatement choice-of-law test that applies the law of the state with the most significant relationship to the parties and the transaction, considering relevant contacts and policies.

Standing

The requirement that a plaintiff have suffered an injury in fact that is concrete and particularized, fairly traceable to the defendant's conduct, and likely to be redressed by a favorable decision.

Strict scrutiny

The most demanding equal protection standard, applied to race and fundamental rights; the law must be narrowly tailored to serve a compelling government interest.

State action

The Fourteenth Amendment's requirement that constitutional protections apply only to government conduct, not private action, unless significant state involvement or a public function exists.

Consideration

A bargained-for exchange of legal value; a promise is enforceable when it induces a return promise or performance, and past consideration is generally insufficient.

Statute of Frauds

A rule requiring certain contracts to be evidenced by a writing signed by the party to be charged, including land sales, suretyship, marriage, and contracts not performable within one year.

Parol evidence rule

A rule barring prior or contemporaneous oral or written statements that contradict a fully integrated written contract, while permitting evidence to explain ambiguity or show fraud.

Felony murder

A killing committed during the commission of an inherently dangerous felony, treated as murder even without intent to kill, subject to limits such as the agency theory and merger doctrine.

Miranda warnings

Required advisements of the right to remain silent, that statements may be used against the suspect, and the right to counsel, given before custodial interrogation by law enforcement.

Exclusionary rule

The doctrine excluding evidence obtained in violation of the Fourth Amendment from criminal trials, subject to exceptions such as good faith, inevitable discovery, and attenuation.

Hearsay

An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible unless it falls within a recognized exception or exclusion.

Excited utterance

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

Best evidence rule

The requirement that the content of a writing, recording, or photograph be proved by the original unless the original is unavailable or the content is collateral.

Best interests of the child

The governing standard for custody and related decisions, weighing factors such as stability, parental fitness, the child's needs, and the child's preference where appropriate.

Equitable distribution

A divorce property division method that divides marital property fairly based on statutory factors, not necessarily equally, distinguishing separate from marital property.

Common-law marriage

A marriage formed without formal ceremony when the parties are eligible, cohabit, and hold themselves out publicly as married, recognized in a minority of jurisdictions.

Joint tenancy

Concurrent ownership with the four unities of time, title, interest, and possession, featuring a right of survivorship that passes the decedent's share to the surviving joint tenants.

Implied warranty of habitability

A landlord's obligation to maintain residential premises in a safe and habitable condition, breached by material defects, allowing tenant remedies such as repair and deduct or rent abatement.

Bona fide purchaser

A purchaser who buys for value without notice of a prior interest and records first, prevailing over prior unrecorded interests under race-notice recording statutes.

Proximate cause

The requirement that the defendant's conduct be a substantial factor in bringing about the plaintiff's harm and that the harm be a foreseeable result of the conduct.

Premises liability

The duty a landowner owes entrants based on status: trespassers receive limited protection, licensees must be warned of known dangers, and invitees receive reasonable inspection and care.

Actual malice

In defamation, knowledge that a statement is false or reckless disregard for its truth, required for public officials and public figures to recover.

Rule Against Perpetuities

A rule invalidating future interests that may vest more than 21 years after the death of a life in being at the interest's creation, unless saved by statute or construction.

Kentucky notice of appeal

A notice of appeal in Kentucky must be filed within 30 days after entry of the final judgment, and timely filing is jurisdictional for the appellate court.