Maine Bar flashcards

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

Diversity Jurisdiction Requirements

Federal courts have diversity jurisdiction under 28 U.S.C. § 1332 when the parties are completely diverse (no plaintiff shares citizenship with any defendant) and the amount in controversy exceeds $75,000, exclusive of interest and costs.

Erie Doctrine

In diversity cases, federal courts must apply state substantive law and federal procedural law; if a federal rule conflicts with state practice, the federal rule governs if valid under the Rules Enabling Act.

Summary Judgment Standard

Under Rule 56, summary judgment is proper when there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law; the movant must cite specific record materials.

Claim Preclusion Elements

Claim preclusion bars a subsequent suit when there is a final judgment on the merits, the same parties or their privies, and the same claim (transactional test) as the prior action.

Standing Requirements

A plaintiff must show injury in fact (concrete, particularized, actual or imminent), causation (traceable to defendant), and redressability (likely to be redressed by a favorable decision).

Strict Scrutiny

Strict scrutiny applies to suspect classifications (race, national origin, alienage) and fundamental rights; the government must show a compelling interest and narrow tailoring.

Intermediate Scrutiny

Intermediate scrutiny applies to gender and illegitimacy classifications; the government must show an important interest and a substantial relationship between the means and the end.

Dormant Commerce Clause

State laws that discriminate against interstate commerce are per se invalid unless the state shows a legitimate local purpose that cannot be served by reasonable nondiscriminatory alternatives; nondiscriminatory laws are balanced under Pike.

Consideration

Consideration is a bargained-for exchange of legal value; it requires a detriment to the promisee or a benefit to the promisor; adequacy is not required, but past consideration is insufficient.

Statute of Frauds Categories

Writing required for contracts involving marriage, performance over one year, land, executor's promise, surety, and sale of goods over $500; UCC exceptions include specially manufactured goods, admission, part payment, merchant confirmation.

Parol Evidence Rule

The parol evidence rule bars prior or contemporaneous oral agreements that contradict or vary integrated written terms; exceptions include ambiguity, fraud, mistake, condition precedent, course of dealing, and usage of trade.

Anticipatory Repudiation

A clear and unequivocal statement or act indicating inability or unwillingness to perform; the nonbreaching party may treat it as breach and sue immediately or await performance; retraction is possible if no material change in position.

Felony Murder Rule

A killing during the commission of an inherently dangerous felony (burglary, arson, rape, robbery, kidnapping) constitutes murder; limitations include proximate cause, agency theory, redline rule, and merger doctrine.

Miranda Warnings

Before custodial interrogation, police must warn suspects of the right to remain silent, that statements may be used against them, the right to counsel, and the right to appointed counsel if indigent.

Self-Defense

A person may use reasonable force to defend against an imminent unlawful threat of harm; deadly force is justified only if the person reasonably believes imminent death or serious bodily harm is threatened.

Fourth Amendment Exceptions

Warrantless searches are permitted under exceptions including search incident to arrest, automobile, plain view, consent, exigent circumstances, stop and frisk (Terry), and inventory searches.

Hearsay Definition

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

Excited Utterance

A statement relating to a startling event or condition, made while the declarant was under the stress of excitement caused by the event, is admissible as a hearsay exception regardless of declarant availability.

Confrontation Clause

The Sixth Amendment bars admission of testimonial hearsay unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine; nontestimonial hearsay is governed by hearsay rules.

Attorney-Client Privilege

Confidential communications between a client and attorney for the purpose of obtaining legal advice are privileged; the crime-fraud exception applies when the communication is used to further a crime or fraud.

Fee Simple Absolute

The most complete estate in land, potentially infinite in duration, freely alienable, devisable, and inheritable; no future interest follows it.

Joint Tenancy

A concurrent estate with right of survivorship; requires four unities: time, title, interest, and possession; a joint tenant may sever the right of survivorship by conveying their interest.

Easement by Necessity

An implied easement arising when a parcel is landlocked or lacks access to a public road; it terminates when the necessity ends; it is not favored and strictly construed.

Recording Acts

Race statutes protect the first to record; notice statutes protect subsequent purchasers without notice; race-notice statutes protect subsequent purchasers without notice who record first.

Battery

Intentional harmful or offensive contact with another person; the plaintiff need not be aware of the contact at the time; offensive contact is judged by a reasonable person standard.

Negligence Elements

Duty (standard of care), breach, actual cause (but-for), proximate cause (foreseeable), and damages (actual harm); all elements must be proven by a preponderance of the evidence.

Strict Products Liability

A seller of a defective product is liable for physical harm caused by the defect if the product was defective and unreasonably dangerous when sold, and the defect existed when it left the seller's control.

Private Nuisance

A substantial and unreasonable interference with another's use and enjoyment of land; remedies include damages and injunction; coming to the nuisance is not a complete defense.

MPT Format

The Multistate Performance Test consists of two 90-minute tasks; each includes a file of facts and a library of authorities; the candidate must draft a legal document applying the library to the facts.

MPT Objective Memorandum

An objective memorandum analyzes both sides of a legal issue, predicts the likely outcome, and is organized with headings, issue statements, facts, analysis, and conclusion; citations to library authorities are required.

MPT Persuasive Brief

A persuasive brief advocates for a client's position, using facts favorably and distinguishing adverse authority; it includes a statement of facts, argument, and conclusion, with citations to library materials.

MPT Client Letter

A client letter explains legal issues in plain language, advises the client on options and risks, and maintains a professional tone; it should avoid excessive legal jargon and include a clear recommendation.