KY Bar key terms

A state law that lets its courts exercise personal jurisdiction over an out-of-state defendant who has specified minimum contacts with the state, subject to constitutional due process limits.

The due process standard requiring a nonresident defendant to have purposeful, substantial ties with the forum state so that jurisdiction comports with fair play and substantial justice.

Conduct by which a defendant deliberately directs activity at the forum state, such as shipping goods there or contracting with residents, creating a foreseeable basis for suit.

The rule that a federal court sitting in diversity applies state substantive law but federal procedural law, as determined by the Rules of Decision Act and the Rules Enabling Act.

Federal subject-matter jurisdiction over civil actions between citizens of different states where the amount in controversy exceeds $75,000, complete diversity being required.

Federal jurisdiction over claims that are part of the same case or controversy as a claim within original jurisdiction, even absent an independent basis such as diversity.

The doctrine barring relitigation of a claim already decided on the merits by a final judgment between the same parties or their privies, encompassing claim preclusion.

Issue preclusion, which prevents a party from relitigating an issue actually litigated and necessarily decided in a prior action, even if the second suit involves a different claim.

The distinction determining whether a federal court in diversity must follow state rules: substantive rules affecting outcomes are state, while procedural housekeeping rules are federal.

A court's power to adjudicate rights in property located within the forum, binding all persons with respect to that property, distinct from power over a person.

The legal rule a forum uses to select which state's law governs an issue, such as the place of injury for torts or the place of contracting for validity.

The modern choice-of-law test weighing contacts and policy interests connecting each state to the parties and the transaction to select governing law.

A forum may refuse to apply foreign law selected by choice-of-law rules when that law violates a fundamental policy of the forum state.

The doctrine under which a forum applying another state's law also applies that state's choice-of-law rules, potentially referring the issue back to the forum.

The constitutional command that states honor the public acts, records, and judicial proceedings of sister states, generally requiring recognition of valid final judgments.

The principle that most constitutional rights restrain only government conduct, so private discrimination or private conduct is generally not actionable under the Fourteenth Amendment.

The most demanding judicial review, applied to suspect classifications and fundamental rights; the law must be narrowly tailored to a compelling government interest.

Review applied to quasi-suspect classifications such as sex, requiring the law to serve an important government interest by means substantially related to that interest.

The most deferential tier, upholding a law if it is rationally related to a legitimate government interest, used for economic regulation and non-suspect classifications.

The implied limit on state power to burden or discriminate against interstate commerce, even absent federal legislation, derived from the Commerce Clause.

A doctrine enforcing a promise without consideration when the promisor reasonably expected reliance, the promisee did rely, and injustice can be avoided only by enforcement.

A bargained-for exchange of legal value, such as a promise or performance, that makes an agreement enforceable as a contract rather than a gratuitous promise.

A rule requiring certain agreements, including land sales and contracts that cannot be performed within one year, to be evidenced by a writing signed by the party to be charged.

The rule barring admission of prior or contemporaneous oral statements to contradict or vary an integrated written agreement, subject to exceptions for ambiguity and fraud.

A default term supplied by the Uniform Commercial Code for sale-of-goods contracts, such as reasonable price or time for delivery, when the parties left it open.

Under UCC Article 2, a signed written offer by a merchant to buy or sell goods that assures it will be held open is irrevocable for the stated time, up to three months.

A duty of loyalty and care owed by partners, corporate directors, agents, and trustees, requiring them to act in the principal's or entity's best interest.

Judicial disregard of limited liability where owners use the corporation as an alter ego or commit fraud, exposing shareholders to personal liability for entity debts.

A transaction in which a fiduciary, such as a director or trustee, deals with the entity in a personal capacity, requiring disclosure and fairness review.

Liability imposed on a person who holds out another as a partner, or who represents themselves as a partner, when a third party reasonably relies on that representation.

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

An exception to hearsay for a statement describing or explaining an event made while the declarant perceived it or immediately afterward, before reflection.

A hearsay exception for a statement about a startling event made while the declarant was under the stress of excitement it caused, reducing reflection.

The Sixth Amendment right of a criminal defendant to confront adverse witnesses, limiting admission of testimonial hearsay absent unavailability and a prior opportunity to cross-examine.

Permits warrantless seizure of evidence when an officer is lawfully present, the incriminating character of the item is immediately apparent, and the officer has lawful access.

A warrantless search of an arrestee's person and the area within immediate reach, justified by officer safety and preventing destruction of evidence.

The remedy suppressing evidence obtained in violation of the Fourth, Fifth, or Sixth Amendment, subject to exceptions such as good faith and inevitable discovery.

The advisement of rights-silence, counsel, and appointed counsel-required before custodial interrogation, with waiver and invocation rules governing admissibility of statements.

Acquisition of title by open, notorious, exclusive, continuous, and hostile possession of another's land for the statutory period.

A statute determining priority among competing purchasers and creditors by reference to whether a deed was recorded and whether the later buyer had notice.

A purchaser who pays value and takes without notice of prior interests, protected against unrecorded claims under race-notice or notice recording statutes.

An easement acquired through open, notorious, continuous, and adverse use of another's land for the statutory period, similar to adverse possession.

A rule treating violation of a statute designed to protect a class including the plaintiff as breach of duty when the violation causes the plaintiff's injury.

An inference of negligence permitted when the injury ordinarily would not occur absent negligence, caused by an instrumentality in the defendant's exclusive control.

A system reducing a plaintiff's recovery in proportion to the plaintiff's own negligence, with most states barring recovery at 50 or 51 percent.

Liability under which each of multiple tortfeasors may be held responsible for the full judgment, leaving contribution among them, subject to statutory modifications.

The requirement that a will be executed with the present intention to dispose of property effective at death, distinguishing a will from a present gift.

The formal witnessing of a will's execution by witnesses who observe the testator's signature and sign in the testator's presence, as required by statute.

A supplement to an existing will that modifies, adds to, or revokes provisions while leaving the remainder of the original will intact.

A trustee's obligation to treat beneficiaries evenhandedly, balancing present income beneficiaries against future remainder beneficiaries rather than favoring one group.

The division of marital property upon divorce in a manner the court deems fair, considering statutory factors rather than requiring an equal split.

Property owned before marriage or acquired by gift or inheritance during marriage, generally not subject to division at divorce in equitable distribution states.

The governing standard for custody decisions, weighing factors such as stability, caretaking history, and each parent's ability to serve the child's welfare.

The procedural rules governing civil actions in Kentucky courts, modeled on the Federal Rules but with Kentucky-specific provisions on pleading, discovery, and appeals.

Original general jurisdiction of Kentucky circuit courts over civil matters and felonies, with limited exceptions for district court and administrative bodies.

The body that investigates and recommends discipline of Kentucky judges for ethical violations, subject to review by the Kentucky Supreme Court.