MA Bar flashcards

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

Well-Pleaded Complaint Rule

Federal question jurisdiction exists only when the plaintiff's own claim arises under federal law, not when a federal issue appears merely as a defense.

Supplemental Jurisdiction Limits

Section 1367 permits claims sharing a common nucleus of operative fact with an anchor claim, but in diversity cases it does not extend to claims by plaintiffs against parties joined under Rules 14, 19, 20, or 24.

Erie Doctrine

Federal courts apply federal procedural rules and state substantive law when no federal rule governs and the state rule would be outcome-determinative without conflicting with a strong federal policy.

Claim Preclusion Elements

Requires a final judgment on the merits, the same claim or cause of action, and the same parties or their privies; bars relitigation of claims that were or could have been raised.

Standing Requirements

Plaintiff must show an 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 to achieve that interest; applies to race, national origin, fundamental rights, and voting restrictions.

Dormant Commerce Clause

State laws discriminating against interstate commerce are per se invalid absent an important local purpose with no nondiscriminatory alternative; nondiscriminatory laws are upheld if rational and burdens are not clearly excessive.

State Action Doctrine

Constitutional protections generally apply only to government conduct; private action is actionable only with significant state involvement, public function, or entanglement.

UCC Firm Offer Rule

A merchant's signed written offer to buy or sell goods is irrevocable without consideration for up to three months, provided the writing assures it will be held open.

Statute of Frauds Categories

Writing required for promises involving marriage, a term exceeding one year, land, executor liability, surety, and sale of goods over $500 under UCC Article 2.

Anticipatory Repudiation

An unequivocal statement or act before performance is due that indicates breach; the nonbreaching party may await performance or treat it as breach, subject to retraction before material change.

Expectation Damages

Remedy placing the nonbreaching party in the position they would have occupied had the contract been fully performed, including lost profits and foreseeable consequential damages.

Felony Murder Rule

Murder liability for a death occurring during the commission of an inherently dangerous felony; malice is imputed from the felony, with limits on accomplice liability and merger.

Miranda Custodial Interrogation

Before custodial interrogation, police must warn of the right to remain silent and to counsel; statements obtained without warnings are inadmissible in the prosecution's case-in-chief.

Terry Stop

A brief investigative detention based on reasonable suspicion of criminal activity, permitting a limited pat-down for weapons if officer reasonably believes the suspect is armed.

Hearsay Exceptions

Out-of-court statements offered for truth may be admitted under exceptions including present sense impression, excited utterance, then-existing state of mind, medical treatment, business records, and public records.

Daubert Standard

Expert testimony is admissible if the witness is qualified and the testimony is based on sufficient facts, reliable methodology (testability, peer review, error rate, acceptance), and relevant to the case.

Best Evidence Rule

To prove the content of a writing, recording, or photograph, the original is required unless an exception applies, such as loss, destruction, or unavailability.

Joint Tenancy

Concurrent estate held with right of survivorship, requiring the four unities of time, title, interest, and possession; severed by conveyance of one tenant's share.

Rule Against Perpetuities

No interest is valid unless it must vest or fail within lives in being plus 21 years; applies to contingent remainders and executory interests, not vested interests.

Recording Acts

Race, notice, and race-notice statutes determine priority among competing purchasers; the shelter rule protects a transferee who takes from a protected party.

Negligence Per Se

An unexcused violation of a statute designed to protect a class including the plaintiff and prevent the type of harm suffered establishes breach of duty as a matter of law.

Res Ipsa Loquitur

Permits an inference of negligence when the accident is of a type that ordinarily does not occur without negligence, caused by an instrumentality in the defendant's exclusive control, and not due to plaintiff's conduct.

Actual Malice

In defamation, a public official or public figure must prove the defendant made the statement with knowledge of its falsity or reckless disregard for the truth.

Apparent Authority

A principal is bound by an agent's acts when the principal's manifestations lead a third party reasonably to believe the agent has authority, even absent actual authority.

Business Judgment Rule

Directors are protected from liability for decisions made in good faith, with reasonable care, and without conflicts of interest, absent fraud or self-dealing.

Piercing the Corporate Veil

Courts may disregard limited liability when the corporation is an alter ego, undercapitalized, or used to commit fraud, exposing shareholders to personal liability.

Spendthrift Trust

A trust provision restricting a beneficiary's ability to assign or creditors' ability to reach trust distributions, protecting assets while held in trust.

Elective Share

A surviving spouse's statutory right to a portion of the decedent's estate, typically one-third to one-half, which may be claimed in lieu of the will's provisions.

Equitable Distribution

In divorce, marital property is divided based on fairness factors including duration of marriage, contributions, earning capacity, and standard of living, rather than title.

Best Interests of Child

Custody standard considering the child's welfare, stability, parental fitness, child's preferences, and ability of parents to cooperate.

Massachusetts Comparative Negligence

Massachusetts bars recovery when the plaintiff's negligence exceeds the defendant's (51% bar) under G.L. c. 231, § 85; joint and several liability applies in certain cases.