MA Bar key terms

A court's power over a defendant, requiring minimum contacts with the forum, fair play, and a basis such as domicile, presence, consent, or purposeful availment of forum benefits.

A court's authority to hear a particular category of case, such as federal diversity or federal question jurisdiction; it cannot be waived and may be raised at any time.

Federal jurisdiction over civil actions between citizens of different states or citizens and foreign nationals where the amount in controversy exceeds $75,000; complete diversity is required at filing.

A federal court's power to hear state claims that form part of the same case or controversy as a claim within its original jurisdiction, subject to discretionary dismissal of state-law-only claims.

Rule that federal courts sitting in diversity apply state substantive law and federal procedural law, but must apply state law when doing so would affect outcome and no strong federal policy favors a different result.

A final judgment on the merits bars a later suit between the same parties on the same claim, including every matter that was or could have been litigated.

Prevents relitigation of an issue actually litigated and necessarily decided in a prior case between the same parties or their privies, even if the later claim differs.

A state law authorizing its courts to exercise jurisdiction over nonresident defendants who have specified contacts with the state, bounded by the constitutional minimum contacts standard.

A plaintiff's requirement to show a concrete injury in fact, fairly traceable to the defendant's conduct, that a favorable decision would likely redress.

Constitutional rights generally constrain government conduct; private conduct is not reached unless there is significant state involvement, such as public function or entanglement.

The most demanding review: a law must serve a compelling government interest and be narrowly tailored, with the burden on the government; used for suspect classifications and fundamental rights.

Review requiring an important government interest and a law substantially related to achieving it; applied to sex-based classifications and related quasi-suspect categories.

The most deferential review: a law survives if it is rationally related to a legitimate government interest, with the challenger bearing the burden of showing no conceivable basis.

The implied limit on states enacting laws that discriminate against or unduly burden interstate commerce, even absent conflicting federal legislation.

The Supremacy Clause principle that a valid federal law displaces conflicting state law, either expressly, by field occupation, or by impossibility or obstacle conflict.

A manifestation of present contractual intent that creates a power of acceptance in the offeree because it is definite enough to form the basis of a bargain.

An unequivocal assent to the terms of an offer, made in the manner the offer invites, which creates a binding contract at the moment it becomes effective.

A bargained-for exchange of something of legal value, such as an act, forbearance, or promise, that induces the other party's promise and makes it enforceable.

An acceptance by mail is effective when dispatched, unless the offer provides otherwise, while a rejection sent before acceptance generally terminates the power of acceptance.

A promise lacking consideration is enforceable to the extent justice requires when the promisor reasonably expected reliance, reliance occurred, and injustice can be avoided only by enforcement.

Under the UCC, a buyer may reject goods that fail in any respect to conform to the contract, subject to cure rights and the buyer's obligation to give reasonable notice.

A party's clear statement or act indicating it will not perform before performance is due, giving the nonbreaching party an immediate claim for breach and excusing its own performance.

The mental state element of a crime, such as purpose, knowledge, recklessness, or negligence, that must accompany the prohibited act for criminal liability.

The voluntary physical act or legally required omission constituting the conduct element of a crime, excluding mere thoughts or involuntary movements.

A crime requiring proof that the defendant intended a particular result or further act beyond the conduct itself, such as burglary or larceny with intent to permanently deprive.

Government interference with a person's freedom of movement by physical force or a show of authority that would make a reasonable person feel not free to leave.

A particularized and objective basis, supported by specific facts, for suspecting that a person has committed or is about to commit a crime; permits a brief investigative stop.

The remedy barring the prosecution from using evidence obtained in violation of constitutional rights, subject to exceptions such as good faith, inevitable discovery, and attenuation.

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

A hearsay exception for a statement describing or explaining an event made while or immediately after the declarant perceived it, admissible regardless of declarant availability.

A statement consistent with trial testimony that is admissible to rebut a charge of recent fabrication or improper influence, or to rehabilitate a witness after impeachment.

Acquisition of title to land by actual, exclusive, open and notorious, continuous, and hostile possession for the statutory period, which varies by state.

State law determining priority among competing interests in land based on recording; notice and race-notice versions protect a subsequent purchaser without notice of prior unrecorded interests.

An implied easement arising when land is divided and one parcel becomes landlocked or lacks reasonable access, giving the owner a right of way over the other parcel.

A nonpossessory right to use another's land for a specific purpose, created by grant, implication, necessity, prescription, or estoppel, and capable of running with the land.

The obligation to act as a reasonably prudent person under similar circumstances, breached when conduct falls below that standard and causes harm within the risk.

A cause that is a substantial factor in bringing about harm and is not so remote or unforeseeable that liability would be unfair, assessed by foreseeability of the result.

A breach established by violation of a statute intended to protect a class including the plaintiff from the type of harm suffered, subject to excuse defenses.

Liability without fault for a defective product that is unreasonably dangerous and causes harm, where the defect existed when sold and the seller is in the business of selling it.

A duty of loyalty and care owed by agents, partners, officers, and directors to the entity and its owners, requiring good faith and avoidance of self-dealing.

Disregarding limited liability when owners use the entity to commit fraud, commingle funds, or undercapitalize, making shareholders personally liable for corporate obligations.

An association of two or more persons carrying on a business for profit, creating mutual agency and default equal sharing of profits absent an agreement.

No interest is valid unless it must vest, if at all, within twenty-one years after a life in being at creation; applies to contingent future interests and some trusts.

A present legally protected right to possess or enjoy property in the future, such as a remainder, reversion, or executory interest, often created by grant or will.

A trust created by will that takes effect at the testator's death, funded by assets passing through the estate and administered by a named trustee for beneficiaries.

The statutory distribution of a decedent's property when no valid will exists, typically prioritizing spouse and descendants according to state formulas.

A statutory right allowing a surviving spouse to claim a set portion of the decedent's estate regardless of the will, protecting against disinheritance.

A divorce property division method dividing marital property fairly rather than equally, considering factors such as marriage length, contributions, and each spouse's needs.

A marital property regime in some states where property acquired during marriage is owned equally by both spouses, while separate property remains individually owned.

State procedural rules governing pleading, discovery, and trial in Massachusetts courts, modeled on the Federal Rules but with distinct local practices and deadlines.

Judgment without trial when pleadings, affidavits, and discovery show no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.

A state law allowing early dismissal of claims targeting petitioning or speech on public issues, with a special motion to dismiss and possible fee-shifting.

A person's true, fixed home to which they intend to return, established by physical presence plus intent to remain, and relevant to jurisdiction and choice of law.

The rules a court uses to select which jurisdiction's substantive law governs a dispute involving contacts with multiple states, often based on interest analysis.

A justiciability requirement that a dispute be sufficiently developed and imminent rather than speculative, so courts avoid premature constitutional rulings.

A justiciability bar when events after filing eliminate the live controversy, subject to exceptions such as voluntary cessation or capable-of-repetition-yet-evading-review.