MS Bar key terms

A court's power over a party, requiring minimum contacts with the forum, fair play, and substantial justice, plus proper notice and an opportunity to be heard before a binding judgment.

A court's authority over the type of dispute, such as federal question or diversity cases in federal court, which cannot be waived and may be raised at any time.

Federal jurisdiction over civil actions between citizens of different states or foreign nationals where the amount in controversy exceeds $75,000, requiring complete diversity of citizenship among all parties.

A federal court's discretion to hear state claims that are part of the same case or controversy as a claim within its original jurisdiction, but never claims by plaintiffs against nondiverse defendants.

A defendant's procedure for transferring a case filed in state court to federal court, available only if the federal court would have had original jurisdiction over the action.

The proper geographic location for a lawsuit, generally where a defendant resides, where a substantial part of the events occurred, or where property is located if no other district fits.

A discretionary dismissal doctrine letting a court decline jurisdiction when another forum is substantially more convenient and the plaintiff has an adequate alternative remedy there.

The rule that federal courts sitting in diversity apply state substantive law but may follow federal procedural rules, requiring analysis of whether a law is substantive or procedural.

A pretrial motion granted when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law, based on pleadings, affidavits, and discovery.

A motion asking the court to rule for one party because the opposing party's evidence is legally insufficient, made after the opponent's case or after the verdict.

The doctrine barring a second suit on the same claim between the same parties or their privies after a final judgment on the merits, also called res judicata.

The doctrine preventing relitigation of an issue actually litigated, determined, and necessary to a prior final judgment, even in some cases involving a different claim.

A state law authorizing courts to exercise jurisdiction over nonresident defendants who have certain contacts with the state, limited by constitutional due process constraints.

The constitutional principle that most individual rights, such as equal protection and due process, constrain government conduct rather than purely private conduct.

The constitutional guarantee of fair procedures before the government deprives a person of life, liberty, or property, and of substantive limits on arbitrary government action.

The guarantee that government may not treat similarly situated persons differently without adequate justification, with scrutiny varying by the classification used or right affected.

The most demanding judicial review, applied to suspect classifications and fundamental rights, requiring a law to be necessary to achieve a compelling government interest.

Review applied to gender and legitimacy classifications, requiring the law to serve an important government interest by means substantially related to that interest.

The implied limit on state power to burden interstate commerce, invalidating discriminatory or excessive state regulations even absent conflicting federal legislation.

The doctrine under the Supremacy Clause that valid federal law displaces conflicting state law, whether expressly, by field occupation, or by impossibility of compliance.

A bargained-for exchange of legal value, such as a promise, act, or forbearance, that makes a promise enforceable and must be given in exchange for the promise.

A doctrine enforcing a promise without consideration when the promisor reasonably expected reliance, actual detrimental reliance occurred, and injustice can be avoided only by enforcement.

A rule requiring certain contracts, such as those involving land or a surety, to be evidenced by a writing signed by the party to be charged.

A rule excluding prior or contemporaneous oral statements that contradict or vary an integrated written agreement, though evidence may clarify ambiguity or show defenses to formation.

The sales rule allowing a buyer to reject goods that fail in any respect to conform to the contract, subject to cure and installment contract exceptions.

A contract defense allowing courts to refuse enforcement of a term or agreement that is both procedurally unfair and substantively oppressive at the time of formation.

The mental state required for a criminal offense, such as purposefully, knowingly, recklessly, or negligently, which must accompany the prohibited act.

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

A mental state requiring the defendant to intend a particular result or further consequence beyond the act itself, allowing defenses like voluntary intoxication.

A doctrine making a killing during the commission of an inherently dangerous felony murder, imposing liability without proof of intent to kill, subject to limits.

The rule barring use of evidence obtained through unconstitutional government action at trial, subject to exceptions such as good faith, inevitable discovery, and attenuation.

The doctrine excluding evidence derived from an unconstitutional search or seizure, unless the connection to the illegality is sufficiently attenuated or an exception applies.

The advisory required before custodial interrogation, informing a suspect of the rights to remain silent and to counsel, and that statements may be used against them.

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

The Sixth Amendment right of a criminal defendant to confront adverse witnesses, restricting admission of testimonial hearsay when the declarant is unavailable and was not cross-examined.

The obligation to prove a fact or claim, allocated between parties and measured by standards such as preponderance, clear and convincing evidence, or beyond a reasonable doubt.

A doctrine allowing a trespasser to acquire title to land through actual, exclusive, open and notorious, continuous possession for the statutory period.

A nonpossessory right to use another's land for a specific purpose, created by grant, implication, necessity, or prescription, and subject to termination rules.

A state law determining priority between competing purchasers of land by reference to recording order, notice, or race-notice principles.

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 it was designed to prevent.

The requirement that a defendant's conduct be a cause in fact and that the resulting harm be within the scope of foreseeable risks, limiting liability for remote consequences.

A system reducing or barring a plaintiff's recovery in proportion to the plaintiff's own fault, in modified form barring recovery above a threshold percentage.

Liability without proof of fault for abnormally dangerous activities and defective products, requiring only causation and resulting harm.

A performance test task requiring a written analysis of authorities applied to a client's facts, typically organized with a question presented, brief answer, and discussion.

A neutral legal analysis predicting how a court would rule, presenting both favorable and unfavorable authority rather than advocating for one side.

An advocacy document arguing for a client's position, using favorable facts and authority to urge a particular result on the court.

Mississippi's court of equity jurisdiction hearing cases such as domestic relations, wills and estates, and injunctions, with distinct procedures from circuit court.

The statutory distribution of a decedent's property when no valid will exists, following Mississippi's rules prioritizing spouse and descendants.

A family law approach dividing marital property fairly rather than equally upon divorce, considering factors such as contributions and needs of the parties.