MN 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 if the plaintiff's claim arises under federal law on the face of the complaint, not from a defense or anticipated counterclaim.

Complete Diversity

For diversity jurisdiction under 28 U.S.C. § 1332, no plaintiff may be a citizen of the same state as any defendant; the amount in controversy must exceed $75,000.

Erie Doctrine

In diversity cases, federal courts must apply state substantive law and federal procedural law to avoid forum shopping and inequitable administration of justice.

Claim Preclusion

A final judgment on the merits bars a subsequent suit on the same claim by the same parties or their privies, including claims that could have been raised.

State Action Doctrine

Constitutional protections generally apply only to government conduct, not private action, unless there is significant state involvement or the private entity performs a public function.

Strict Scrutiny

The most demanding equal protection standard; the law must be narrowly tailored to serve a compelling government interest, used for suspect classifications like race.

Dormant Commerce Clause

The implied restriction on states burdening interstate commerce; discriminatory state laws are per se invalid unless necessary to serve a legitimate local purpose.

Firm Offer Rule

Under UCC § 2-205, a merchant's signed written offer to buy or sell goods is irrevocable for the stated time or a reasonable time, not exceeding three months.

Perfect Tender Rule

Under UCC § 2-601, a buyer may reject goods if they fail in any respect to conform to the contract, subject to seller's right to cure and installment contract rules.

UCC Statute of Frauds

Sale of goods for $500 or more requires a writing sufficient to indicate a contract and signed by the party to be charged, with merchant confirmation exceptions.

Miranda Warnings

Before custodial interrogation, police must inform the suspect of the right to remain silent, that statements may be used against them, and the right to counsel.

Felony Murder Rule

A killing committed during the commission of an inherently dangerous felony constitutes murder, even without intent to kill, with limitations on liability.

Terry Stop

A brief investigative detention based on reasonable suspicion of criminal activity, during which an officer may frisk for weapons if safety is threatened.

Hearsay Definition

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

Present Sense Impression

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

Confrontation Clause

The Sixth Amendment right of a criminal defendant to confront witnesses; testimonial hearsay is inadmissible unless the declarant is unavailable and previously cross-examined.

Joint Tenancy

Concurrent ownership with right of survivorship, requiring the four unities of time, title, interest, and possession; severed by conveyance or agreement.

Adverse Possession

Acquisition of title by actual, open and notorious, exclusive, continuous, and hostile possession of another's land for the statutory period.

Equitable Servitude

A nonpossessory interest in land enforceable in equity, requiring intent, touch and concern, notice, and inadequate legal remedy; binds successors.

Negligence Elements

Duty of care owed by defendant to plaintiff, breach of that duty, actual and proximate causation, and damages resulting from the breach.

Res Ipsa Loquitur

A doctrine allowing an inference of negligence when the accident is of a type that ordinarily does not occur without negligence, caused by an instrumentality in defendant's exclusive control.

Strict Products Liability

A seller of a defective product is liable for physical harm caused by the defect without proof of negligence, if the product was defective and unreasonably dangerous.

Piercing the Corporate Veil

A court may disregard the corporate entity and hold shareholders personally liable when the corporation is used for fraud, is undercapitalized, or is an alter ego.

Business Judgment Rule

A presumption that corporate directors acted in good faith and in the best interests of the corporation, protecting them from liability for informed business decisions.

Apparent Authority

An agent's power to bind a principal based on the principal's manifestations to a third party that the agent has authority, reasonably relied upon by the third party.

Most Significant Relationship

A modern choice-of-law approach under the Restatement (Second) that applies the law of the state with the closest connection to the parties and the transaction.

Domicile

A person's legal home for choice-of-law and jurisdictional purposes, requiring physical presence and intent to remain indefinitely; once established, persists until a new domicile is acquired.

Full Faith and Credit

The constitutional requirement that states recognize and enforce the public acts, records, and judicial proceedings of other states, subject to jurisdictional limits.

Best Interests of the Child

The governing standard for custody and support decisions, considering factors such as stability, parental fitness, child's preference, and emotional ties.

Equitable Distribution

A divorce property division method that divides marital property fairly, not necessarily equally, based on factors like duration of marriage and contributions.

Rule Against Perpetuities

No interest is valid unless it must vest, if at all, within 21 years after some life in being at the creation of the interest; modified by wait-and-see in many states.

Purchase-Money Security Interest

A security interest in goods taken by the seller or a lender who gives value to enable the debtor to acquire the goods; priority if perfected within 20 days of possession.