MN Bar key terms

A court's power over a party, requiring minimum contacts with the forum such that suit is fair and consistent with traditional notions of fair play and substantial justice.

A court's authority over the type of case, such as federal diversity or federal question jurisdiction; it cannot be waived and may be raised at any time.

Federal jurisdiction over a civil action between citizens of different states or between a citizen and a foreign national, where the amount in controversy exceeds $75,000.

Federal power to hear a state-law claim that is part of the same case or controversy as a claim within the court's original jurisdiction, provided it is not a plaintiff's claim against a nondiverse party.

The rule that a federal court sitting in diversity applies state substantive law but federal procedural law, as determined by the outcome-determinative, balance-of-interests, and forum-shopping tests.

A discretionary dismissal doctrine letting a court decline jurisdiction when another forum is substantially more convenient and the plaintiff can pursue the action there.

The proper geographic location for a lawsuit within a court system, generally where a defendant resides, where events occurred, or where property is located.

The requirement that constitutional rights be enforced only against government conduct; private action is generally not covered unless state involvement is significant.

The most demanding equal protection and due process test: the law must serve a compelling government interest and be narrowly tailored using the least restrictive means.

A constitutional test requiring an important government interest and a substantially related means, applied to sex and illegitimacy classifications.

The constitutional guarantee that similarly situated persons receive like treatment by government, prohibiting invidious discrimination on suspect, quasi-suspect, or arbitrary bases.

The implied constitutional limit barring states from discriminating against or unduly burdening interstate commerce, subject to the market participant exception.

When federal law displaces state law under the Supremacy Clause, either expressly, by occupying the field, or by conflict with state requirements.

A manifestation of present contractual intent that creates a power of acceptance in the offeree and is definite enough to be enforceable.

An offeree's manifestation of assent to the terms of an offer, effective on dispatch unless the offer provides otherwise or the acceptance is nonconforming under UCC Article 2.

The common-law rule that an acceptance must match the offer exactly; a different or added term operates as a counteroffer rather than an acceptance.

The UCC Article 2 approach under which a definite and seasonable expression of acceptance operates as acceptance even with additional or different terms, which generally drop out between merchants if material.

The uniform statute governing transactions in goods, relaxing common-law formation rules and imposing good-faith, merchant, and perfect-tender obligations.

A person who deals in goods of the kind or otherwise holds himself out as having knowledge peculiar to the practices involved in the transaction.

The level of intent required for an offense, such as purposely, knowingly, recklessly, or negligently, which must coincide with the prohibited act.

The voluntary physical act or omission that constitutes the prohibited conduct of a crime, excluding mere thoughts or involuntary movements.

A mental state requiring that the defendant intend a particular result or circumstance beyond the act itself, which permits defenses like voluntary intoxication and mistake.

The rule suppressing evidence obtained in violation of the Fourth, Fifth, or Sixth Amendments, subject to exceptions such as good faith, inevitable discovery, and attenuation.

A reasonable belief, based on trustworthy facts and circumstances, that a crime has occurred or that evidence will be found in a particular place.

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

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

A hearsay exception for a statement relating to a startling event made while the declarant was under the stress of excitement caused by the event.

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

Acquisition of title to land through actual, open, notorious, exclusive, continuous, and hostile possession for the statutory period.

A statute determining priority among competing interests in land by rewarding recording or notice, such as race, notice, or race-notice regimes.

A purchaser who buys for value and without notice, actual, inquiry, or record, of another's prior interest, and thus may prevail under a notice or race-notice statute.

An easement acquired through adverse use of another's land that is open, notorious, continuous, and hostile for the statutory period.

A doctrine treating violation of a statute as breach of duty when the plaintiff is within the class the statute protects and the harm is the type the statute was designed to prevent.

An inference of negligence permitted when an accident is of a kind that ordinarily does not occur without negligence, caused by an instrumentality in the defendant's exclusive control.

A cause that is a substantial factor in producing harm and is not so remote or unforeseeable as to cut off liability.

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

An agent's power to bind a principal arising from the principal's manifestations to a third party that reasonably create the impression of authority.

A doctrine allowing creditors to reach shareholders' personal assets when the corporation is used to commit fraud or is so undercapitalized and dominated as to be an alter ego.

The process by which a court selects the governing law among competing jurisdictions, typically using the forum's conflicts rules and interest analysis.

Property acquired during the marriage that is subject to equitable division or community property rules upon dissolution.

A divorce doctrine dividing marital property fairly rather than equally, considering factors such as contribution, need, and duration of the marriage.

A contract between prospective spouses determining property and support rights upon divorce or death, enforceable if voluntarily executed and not unconscionable.

The mental ability to make a will, requiring the testator to know the nature of the act, the property, and the natural objects of bounty.

A ground for contesting a will where a confidential relationship and suspicious circumstances show the testator's intent was overborne.

The statutory distribution of a decedent's property to heirs when no valid will disposes of it.

An interest in personal property or fixtures securing payment or performance of an obligation, enforceable upon attachment and perfected by filing or possession.

The steps, such as filing a financing statement or taking possession, that give a secured party priority against third parties and the trustee in bankruptcy.

A security interest taken by the seller or a lender who gives value enabling the debtor to acquire the collateral, enjoying special priority if perfected timely.