MEE flashcards

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

Apparent authority

A principal holds an agent out as having authority, and a third party reasonably relies on that manifestation, binding the principal even without actual authority.

Partnership joint and several liability

Each general partner is personally liable for partnership obligations, and a creditor may sue all partners jointly or any partner severally for the full amount.

Business judgment rule

A director's decision is protected from liability if made in good faith, with reasonable care, and without conflict, unless the plaintiff shows fraud or bad faith.

LLC charging order

A creditor of an LLC member may obtain a court order diverting distributions owed to the member, but cannot seize membership interest or vote it.

Diversity jurisdiction requirements

Federal courts hear civil actions between citizens of different states when the amount in controversy exceeds $75,000, and no plaintiff shares citizenship with any defendant.

Supplemental jurisdiction

A federal court may hear a claim lacking independent jurisdiction if it arises from the same case or controversy as a claim with jurisdiction, subject to statutory limits.

Erie doctrine

Federal courts applying state substantive law in diversity cases must follow state substantive rules but may apply federal procedural rules, unless the federal rule alters substantive rights.

Claim preclusion

A final judgment on the merits bars a later suit between the same parties on the same claim, including claims that could have been raised.

Strict scrutiny

A law survives only if it serves a compelling governmental interest and is narrowly tailored; applies to race, fundamental rights, and content-based speech restrictions.

Dormant Commerce Clause

States may not discriminate against or unduly burden interstate commerce, subject to the market participant exception and congressional authorization.

State action requirement

Constitutional rights generally constrain government, not private parties, unless private conduct is significantly intertwined with government or performs a public function.

Procedural due process

Before depriving a person of life, liberty, or property, government must provide notice and a meaningful hearing; Mathews balances private interest, risk of error, and government burden.

UCC firm offer rule

A merchant's signed written offer to buy or sell goods is irrevocable during the stated period, or a reasonable time, without consideration; maximum three months.

Perfect tender rule

Under UCC Article 2, a buyer may reject goods if they fail in any respect to conform to the contract, subject to cure and installment limits.

Statute of Frauds categories

Certain contracts must be written: marriage, year, land, executor, surety, and sale of goods over $500; UCC merchant confirmation and part performance create exceptions.

Parol evidence rule

A fully integrated written agreement bars prior or contemporaneous oral statements that contradict or supplement its terms, but evidence of ambiguity, fraud, or conditions may be admissible.

Felony murder rule

A death caused during the commission of an inherently dangerous felony is murder, with malice implied; the felon must be guilty of the underlying felony.

Miranda trigger

Custodial interrogation requires police to warn the suspect of the right to remain silent and counsel before statements are admissible; spontaneous statements are not covered.

Attempt substantial step

Attempt requires specific intent to commit the crime plus an act beyond preparation that strongly corroborates the intent, such as nearing the target.

Self-defense elements

A person may use reasonable force to defend against an imminent unlawful threat if not the initial aggressor, with deadly force allowed only against deadly force or serious bodily harm.

Hearsay definition

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

Excited utterance

A statement describing or explaining a startling event made while the declarant was under the stress of excitement, admissible regardless of declarant availability.

Business records exception

Records of a regularly conducted activity, made at or near the time by someone with knowledge, are admissible if kept in the ordinary course and a foundation is laid.

Character evidence ban

Evidence of a person's character is generally inadmissible to prove conduct, but exceptions allow character in issue, defendant's or victim's character, and impeachment.

Joint tenancy unities

Joint tenants hold equal shares with rights of survivorship and must share the four unities of time, title, interest, and possession; severance destroys survivorship.

Easement by necessity

An implied easement arises when a parcel becomes landlocked after severance from a common owner, requiring reasonable necessity at the time of division.

Recording act notice

A subsequent bona fide purchaser who records without notice of a prior unrecorded interest prevails; notice may be actual, inquiry, or record.

Fee simple determinable

An estate that ends automatically when a stated event occurs, with the grantor retaining a possibility of reverter; words like 'so long as' create it.

Res ipsa loquitur

Negligence may be inferred when the accident would not ordinarily occur without negligence, the instrumentality was under defendant's control, and plaintiff did not contribute.

Proximate cause

A defendant is liable for harms within the scope of the risk created by negligent conduct; unforeseeable intervening causes may supersede liability.

Products design defect

A product is defective in design if a reasonable alternative design would have reduced foreseeable risk without unreasonable cost, judged by risk-utility balancing.

Defamation public figure

A public official or figure must prove falsity and actual malice-knowledge of falsity or reckless disregard-to recover damages for a statement on a matter of public concern.