MO Bar flashcards
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33 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Personal jurisdiction minimum contacts
- A court may exercise specific jurisdiction over a nonresident defendant whose purposeful contacts with the forum give rise to the claim, provided jurisdiction is fair and reasonable.
- General jurisdiction at home
- A corporation is subject to general jurisdiction only where it is incorporated or has its principal place of business; an individual is at home where domiciled.
- Strict scrutiny test
- A law affecting a fundamental right or suspect class must serve a compelling government interest and be narrowly tailored to achieve that interest.
- Merchant firm offer rule
- Under UCC §2-205, a signed writing by a merchant assuring that an offer will be held open is irrevocable without consideration for the stated time, up to three months.
- Statute of Frauds goods
- UCC §2-201 requires a writing for the sale of goods of $500 or more, signed by the party to be charged, except for specially manufactured goods or admitted contracts.
- Hearsay definition
- An out-of-court statement offered to prove the truth of the matter asserted; it is inadmissible unless an exemption or exception applies.
- 404(b) other acts
- Evidence of other crimes or acts is inadmissible to prove character but admissible for motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake.
- Felony murder rule
- A killing committed during the commission of an inherently dangerous felony is murder, even without intent to kill, subject to limitations such as the merger doctrine.
- M'Naghten insanity test
- A defendant is not guilty if, because of a mental disease or defect, he did not know the nature and quality of the act or did not know it was wrong.
- Race-notice recording statute
- A subsequent purchaser prevails over an earlier unrecorded interest only if the purchaser takes without notice of that interest and records first.
- Shelter rule
- A person who takes from a protected purchaser of a negotiable instrument or property takes the transferor's protected status, even if not a protected purchaser himself.
- Negligence elements
- A plaintiff must prove duty, breach of that duty, actual and proximate causation, and damages to recover in a negligence action.
- Comparative negligence
- A plaintiff's recovery is reduced in proportion to his own fault; in pure comparative states, recovery is allowed even if the plaintiff is mostly at fault.
- MEE six-essay format
- The Multistate Essay Examination consists of six 30-minute essay questions covering MBE subjects plus Business Associations, Family Law, Conflicts, Trusts and Estates, and Secured Transactions.
- MEE IRAC structure
- Issue, Rule, Analysis, Conclusion: state the legal question, the governing rule, apply the facts to the rule, and conclude on the likely outcome.
- Agency relationship elements
- An agency relationship requires consent by the principal and agent, benefit to the principal, and control by the principal over the agent's conduct.
- Piercing the corporate veil
- Courts disregard the corporate entity when there is fraud, undercapitalization, or alter ego use, holding shareholders personally liable for corporate obligations.
- Best interests of child
- The custody standard weighing factors such as the child's welfare, stability, parental fitness, and the child's preferences in determining custody arrangements.
- Most significant relationship
- A choice-of-law approach applying the law of the state with the most significant relationship to the parties and the transaction or occurrence.
- Will execution formalities
- A valid will requires testamentary intent, testamentary capacity, and compliance with formalities: a writing signed by the testator and witnessed as the statute requires.
- Trust creation elements
- A valid trust requires a settlor with capacity and intent, a trustee, identifiable beneficiaries, and trust property (res), plus a lawful purpose.
- Security interest attachment
- Attachment requires value given by the secured party, the debtor's rights in the collateral, and a security agreement authenticated by the debtor.
- Perfection by filing
- A secured party perfects by filing a financing statement with the designated office, giving priority over later and unperfected interests in the collateral.
- PMSI in consumer goods
- A purchase-money security interest in consumer goods is perfected automatically upon attachment, without filing, and has priority over conflicting interests.
- MEE time allocation
- Spend about five minutes outlining, twenty minutes writing, and five minutes reviewing for each thirty-minute essay question.
- MPT assignment memo
- The memo in each MPT task identifies the client, the audience, the required document format, and the specific legal question to address.
- MPT file and library
- The file contains facts and documents; the library contains statutes, cases, and regulations supplying the controlling rules for the task.
- Objective memorandum tone
- An objective memo predicts outcomes neutrally, presenting both favorable and unfavorable facts and conclusions without advocating for a party.
- Persuasive brief advocacy
- A persuasive brief advocates a client's position, framing facts and authorities favorably while anticipating and rebutting counterarguments.
- Client letter plain language
- A client letter translates legal conclusions into plain language, explains options and risks, and recommends a course of action without jargon.
- MPT citation practice
- Cite provided authorities by name and describe their holding; formal Bluebook citation form is not required for scoring.
- MPT red herring facts
- Irrelevant or distracting facts appear in the file; identify facts triggering or defeating rule elements and note missing or ambiguous facts.
- MPT 90-minute budget
- Allocate roughly 15 minutes to read, 20 minutes to outline, 45 minutes to draft, and 10 minutes to review each 90-minute task.