MBE key terms

A court's power to bind a particular defendant, usually requiring minimum contacts with the forum state such that suit does not offend traditional notions of fair play and substantial justice.

A court's authority to hear a particular type of case, such as federal courts' limited power over federal questions and diversity cases; it cannot be waived or created by agreement.

A federal court's discretion to hear a state-law claim that is part of the same case or controversy as a claim within its original jurisdiction, even without independent jurisdiction.

The procedure by which a defendant transfers a case from state court to federal court when the federal court would have had original jurisdiction over the action.

The doctrine barring a party from relitigating a claim that was or could have been decided in a prior final judgment on the merits by a court with jurisdiction.

The principle that constitutional protections generally apply only to government conduct, so private conduct is not unconstitutional unless it is fairly attributable to the state.

The most demanding constitutional test: a law must serve a compelling government interest and be narrowly tailored, used for suspect classifications and fundamental rights.

Article I power letting Congress regulate interstate commerce, including channels, instrumentalities, and activities substantially affecting interstate commerce.

A judicial doctrine limiting state laws that discriminate against or unduly burden interstate commerce, even absent federal legislation, to preserve a national market.

The theory that the Fourteenth Amendment's Due Process Clause applies most Bill of Rights protections against state governments, one provision at a time.

A manifestation of present intent to be bound on definite terms, creating a power of acceptance in the offeree; advertisements and price quotes usually are not offers.

An unequivocal manifestation of assent to an offer's terms, made in the manner the offer invites, which creates a contract at the moment it is effective.

A bargained-for exchange of something of legal value, such as a promise or performance, that induces each party's promise and makes the agreement enforceable.

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

A rule requiring certain contracts, such as land sales and suretyship promises, to be evidenced by a writing signed by the party to be charged.

The mental state or guilty mind required for a crime, such as purpose, knowledge, recklessness, or negligence, which the prosecution must prove beyond a reasonable doubt.

The voluntary physical act or omission that constitutes the prohibited conduct of a crime; status alone or involuntary movement generally does not qualify.

A rule making a defendant liable for an accidental killing committed during an inherently dangerous felony, without proof of intent to kill.

Required police advisements before custodial interrogation: the right to remain silent, that statements may be used, and the right to counsel including appointed counsel.

A remedy suppressing evidence obtained through unconstitutional government conduct, primarily to deter police violations, subject to exceptions like good faith and inevitable discovery.

Evidence tending to make a fact of consequence more or less probable; relevant evidence is generally admissible unless excluded by a specific rule.

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

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

A hearsay exception for records kept in the regular course of business, made contemporaneously by someone with knowledge, unless the source or circumstances indicate untrustworthiness.

Evidence of a person's general traits, sometimes admissible to prove conduct in conformity, but barred in most civil cases and limited in criminal cases.

The largest estate in land, potentially infinite in duration, freely alienable and inheritable, with no future interest held by anyone.

An estate lasting for the lifetime of a named person, after which the property passes to a remainderman or reverts to the grantor.

A future interest held by someone other than the grantor that becomes possessory automatically when a prior estate, such as a life estate, ends.

A nonpossessory right to use another's land for a specific purpose, such as a driveway or utility line, created by grant, implication, necessity, or prescription.

A doctrine transferring title to a possessor who uses another's land openly, notoriously, exclusively, continuously, and hostilely for the statutory period.

A state statute determining priority among competing land claims by purchase; race, notice, or race-notice versions protect buyers who record and/or lack notice.

The legal obligation to act as a reasonably prudent person would under similar circumstances, owed to foreseeable plaintiffs within the zone of danger.

A doctrine allowing negligence to be inferred when an accident ordinarily does not occur without negligence, caused by an instrumentality in the defendant's exclusive control.

The legal limitation on liability requiring a sufficiently close connection between breach and harm, often tested by foreseeability of the injury.

Liability without proof of fault, imposed for abnormally dangerous activities, defective products, or harm by wild animals, based on the nature of the activity.

A system reducing a plaintiff's recovery in proportion to their own fault, with pure versions allowing recovery despite greater fault and modified versions barring it.