LA Bar flashcards
LA Bar · Build recall with a focused review session.
32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Erie Doctrine
- In diversity cases, federal courts apply state substantive law and federal procedural law; Hanna asks whether a Federal Rule directly conflicts and is valid under the Rules Enabling Act.
- Complete Diversity
- No plaintiff may share state citizenship with any defendant at the time of filing; diversity is destroyed if any plaintiff and defendant are citizens of the same state.
- Standing Requirements
- Article III standing requires injury in fact that is concrete and particularized, causation traceable to the defendant, and redressability by a favorable court decision.
- Strict Scrutiny
- Government action must serve a compelling interest and be narrowly tailored; applies to race classifications, fundamental rights, and content-based speech restrictions.
- UCC Statute of Frauds
- Under UCC 2-201, a sale of goods over $500 requires a writing signed by the party against whom enforcement is sought, unless an exception applies.
- Anticipatory Repudiation
- A party's clear statement that it will not perform permits the non-breaching party to treat the contract as breached immediately or await performance.
- Felony Murder Rule
- A killing during the commission of an inherently dangerous felony is murder; the underlying felony must be independent of the killing under the merger doctrine.
- Miranda Custodial Interrogation
- Before custodial interrogation, police must warn of the right to remain silent and to counsel; invocation must be unambiguous to halt questioning.
- Hearsay Definition
- An out-of-court statement offered to prove the truth of the matter asserted; non-hearsay uses include impeachment and effect on the listener.
- Rule 403 Balancing
- A court may exclude relevant evidence if its probative value is substantially outweighed by unfair prejudice, confusion, misleading the jury, or waste of time.
- Rule Against Perpetuities
- No interest is valid unless it must vest, if at all, no later than 21 years after a life in being at creation; charitable trusts are exempt.
- Bona Fide Purchaser
- A purchaser for value who takes without notice of prior interests; under notice and race-notice statutes, the BFP prevails over prior unrecorded interests.
- Respondeat Superior
- An employer is vicariously liable for torts committed by an employee within the scope of employment, even without fault by the employer.
- Business Judgment Rule
- A presumption that directors acted in good faith and in the corporation's best interest; it protects informed decisions from liability for mere negligence.
- Testamentary Capacity
- A testator must understand the nature of the act, know the natural objects of bounty, and comprehend the extent of the estate at the time of execution.
- Spendthrift Trust
- A trust provision restricting a beneficiary's ability to transfer trust interests and shielding assets from the beneficiary's creditors until distribution.
- Louisiana Delictual Prescription
- Under La. C.C. art. 3492, delictual actions prescribe one year from the day damage is sustained or the tortfeasor is known.
- Louisiana Forced Heirs
- Descendants under 24 or permanently disabled are forced heirs; the legitime limits testamentary disposition and cannot be defeated by will.
- Peremptory Exception
- Under Louisiana procedure, an exception such as no cause of action or prescription that defeats the claim; the no cause of action exception may be noticed at any time.
- Executory Process
- A Louisiana procedure allowing seizure and sale without a full trial when the mortgage contains a confession of judgment and the debt is authentic.
- Rule 1.6 Confidentiality
- A lawyer may not reveal client information without informed consent, except to prevent death or substantial bodily harm, comply with law, or defend claims.
- Rule 1.7 Conflicts
- A concurrent conflict exists when representation is materially limited by another interest; the lawyer may proceed only with informed consent confirmed in writing.
- Louisiana IOLTA
- Louisiana requires client funds to be held in a trust account and prohibits commingling with operating funds; records must be maintained for a specified period.
- Louisiana Rule 3.3 Candor
- A lawyer must disclose adverse legal authority not disclosed by opposing counsel and may not offer false statements of fact or law to the tribunal.
- Louisiana Products Liability Act
- The LPLA requires an unreasonably dangerous characteristic, damage, and causation; defenses include assumption of risk and misuse of the product.
- Pure Comparative Fault
- Under La. C.C. art. 2323, a plaintiff's recovery is reduced by the percentage of fault; Louisiana does not bar recovery entirely.
- Louisiana Cause Requirement
- Under La. C.C. art. 1906, a contract requires consent, capacity, and a certain object; cause is presumed and need not be expressed.
- Lesion in Sale
- Under La. C.C. art. 2589, a seller of immovable property may rescind a sale if the price is less than half the value of the property.
- Olographic Will
- A Louisiana will entirely written, dated, and signed by the testator in his own hand; it requires no witnesses but must be probated.
- Community Property Termination
- The community terminates upon death, divorce, or judgment of separation; an inventory and partition follow, with reimbursement for separate property.
- Acquisitive Prescription
- Under Louisiana law, ownership may be acquired by 10-year prescription with good faith and just title or by 30-year prescription without title.
- Louisiana Summary Judgment
- Under La. C.C.P. art. 966, summary judgment is granted when no genuine issue of material fact exists; the mover bears the burden of proof.