MS Bar flashcards

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

Subject-matter jurisdiction

Federal courts need a federal question or complete diversity plus more than $75,000 in controversy; state courts have general jurisdiction.

Supplemental jurisdiction

Allows a federal court to hear state claims sharing a common nucleus of operative fact with an anchor claim, but not against certain parties in diversity cases.

Erie doctrine

Federal courts apply federal procedural rules and state substantive law, including statutes of limitations and burdens of proof, in diversity cases.

Removal deadline

A defendant must file a notice of removal within 30 days of service; diversity removal is barred more than one year after commencement absent bad faith.

Summary judgment standard

Granted when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law; inferences favor the nonmovant.

Standing elements

Injury in fact that is concrete and particularized, causation traceable to the defendant, and redressability by a favorable court decision.

Strict scrutiny

Applies to suspect classifications and fundamental rights; the law must be necessary to a compelling government interest and narrowly tailored.

Intermediate scrutiny

Applies to sex and illegitimacy classifications and content-neutral speech regulations; the means must be substantially related to an important interest.

Dormant Commerce Clause

State laws discriminating against interstate commerce are per se invalid absent a legitimate local purpose that cannot be served by nondiscriminatory alternatives.

Mirror image rule

Common law rule that an acceptance must match the offer exactly; a different term operates as a counteroffer, not an acceptance.

UCC 2-207

A definite and seasonable expression of acceptance operates as acceptance even with additional or different terms, which become part of the contract between merchants unless objected to.

Statute of Frauds

Requires a signed writing for marriage, year, land, executor, surety, and goods over $500; the writing must state quantity for goods.

Perfect tender rule

Under the UCC, a buyer may reject goods if they fail in any respect to conform, subject to the seller's right to cure.

Anticipatory repudiation

An unequivocal statement or act indicating the party will not perform; the nonbreaching party may treat it as breach or await performance.

Felony murder

Murder liability for a killing during an inherently dangerous felony, subject to the independence and agency limitations in many jurisdictions.

M'Naghten test

Insanity defense where the defendant did not know the nature of the act or did not know it was wrong at the time of the crime.

Miranda warnings

Custodial interrogation requires notice of the right to remain silent, that statements may be used, the right to counsel, and appointed counsel if indigent.

Sixth Amendment counsel

The right to counsel attaches at formal proceedings such as indictment or arraignment and applies to all critical stages of the prosecution.

Exclusionary rule

Bars evidence obtained in violation of constitutional rights, subject to exceptions including good faith, inevitable discovery, attenuation, and independent source.

Hearsay definition

An out-of-court statement offered for the truth of the matter asserted; nonhearsay includes prior consistent statements and opposing party admissions.

Excited utterance

A statement relating to a startling event made while the declarant was under the stress of excitement, admissible regardless of declarant availability.

Confrontation Clause

Testimonial hearsay is inadmissible unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine.

Best evidence rule

Requires the original writing, recording, or photograph to prove its content; secondary evidence is admissible if the original is lost or unavailable.

Rule Against Perpetuities

Voids interests that may vest more than 21 years after a life in being at creation; applies to contingent remainders and executory interests.

Joint tenancy

Co-tenancy requiring the four unities of time, title, interest, and possession, with a right of survivorship for the surviving joint tenant.

Adverse possession elements

Actual, open and notorious, exclusive, continuous, and hostile possession for the statutory period; tacking requires privity between possessors.

Recording statutes

Race, notice, and race-notice statutes determine priority; a subsequent bona fide purchaser without notice prevails under notice and race-notice statutes.

Negligence per se

A statute violation establishes breach when the plaintiff is in the protected class and the harm is the type the statute aims to prevent.

Premises liability duties

Trespassers are owed a duty against willful injury; licensees must be warned of known dangers; invitees require inspection and warning of latent defects.

Defamation actual malice

Public officials and public figures must prove knowledge of falsity or reckless disregard for the truth to recover for defamation.

MPT task memo

The memo identifies the deliverable and questions; the answer must apply library law to file facts in the requested document format.

Mississippi tort claims notice

Under the Mississippi Tort Claims Act, notice of claim must be filed with the governmental entity within 90 days, and damages caps apply.