MS PT Juris flashcards

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

IRAC method

A structured analysis format: state the Issue, the governing Rule, apply the facts to that rule, then reach a Conclusion. Application is where most credit is earned on written answers.

Holding versus dictum

A holding is the court's resolution of the issue necessary to its judgment and binds later courts. Dictum is incidental commentary and carries only persuasive weight.

Stare decisis

The doctrine that courts should follow precedent from prior decisions, promoting stability and predictability. It yields where precedent is unworkable, reliance interests are weak, or intervening doctrinal change undermines it.

Standing elements

A plaintiff must show an injury in fact that is concrete and particularized, traceable to the defendant's conduct, and likely redressable by a favorable court decision.

Strict scrutiny test

The challenged law must serve a compelling governmental interest and be narrowly tailored, using the least restrictive means to achieve that interest. Applies to race classifications and fundamental rights.

State action doctrine

Constitutional due process and equal protection guarantees generally restrict government conduct, not private parties, unless the private actor is significantly intertwined with the state.

Consideration requirement

A bargained-for exchange of legal value between promisor and promisee. Past acts, moral obligations, and illusory promises generally do not constitute adequate consideration.

Parol evidence rule

A fully integrated written agreement cannot be contradicted or supplemented by prior or contemporaneous oral statements. Evidence remains admissible to show ambiguity, fraud, or a separate collateral agreement.

UCC 2-207 battle of the forms

A definite expression of acceptance forms a contract even with additional or different terms. Between merchants, additional terms enter unless they materially alter the deal or are objected to.

Mens rea levels

Model Penal Code mental states: purposely (conscious object), knowingly (practical certainty), recklessly (conscious disregard of substantial risk), and negligently (should have been aware of risk).

Exclusionary rule

Evidence obtained through unconstitutional searches or seizures is generally inadmissible at trial. Exceptions include inevitable discovery, independent source, and attenuation of the taint.

Miranda trigger

Warnings are required before custodial interrogation, meaning the suspect is in custody and subjected to questioning likely to elicit incriminating responses. Spontaneous statements need no warnings.

Res ipsa loquitur

An inference of negligence arises where the injury would not ordinarily occur absent negligence, the instrumentality was under the defendant's exclusive control, and the plaintiff did not contribute.

Comparative negligence

Damages are reduced in proportion to the plaintiff's own fault. Most jurisdictions bar recovery entirely if plaintiff's fault exceeds a statutory threshold, often fifty percent.

Actual malice standard

In defamation, a public figure must prove the defendant published a false statement with knowledge of its falsity or with reckless disregard for the truth.

Adverse possession elements

Possession must be actual, open and notorious, exclusive, continuous for the statutory period, and hostile to the true owner's title. Satisfying all elements transfers title.

Rule Against Perpetuities

No future interest is valid unless it must vest or fail, if at all, no later than twenty-one years after a life in being at the interest's creation.

Recording act types

Race statutes protect the first to record. Notice statutes protect a bona fide purchaser without notice. Race-notice statutes protect the first to record without notice.

Hearsay definition

An out-of-court statement offered to prove the truth of the matter asserted. Non-hearsay uses include impeachment, effect on the listener, and legally operative language.

Best evidence rule

To prove the content of a writing, recording, or photograph, the original is required unless an exception applies, such as loss, opponent's possession, or a collateral matter.

Attorney-client privilege

Confidential communications between lawyer and client for legal advice are protected from compelled disclosure. Disclosure to third parties generally waives the privilege.

Diversity jurisdiction

Federal courts hear cases between citizens of different states where the amount in controversy exceeds seventy-five thousand dollars and complete diversity exists among all parties.

Summary judgment standard

Judgment is granted when no genuine dispute of material fact exists and the moving party is entitled to judgment as a matter of law, viewing evidence in the nonmovant's favor.

Claim preclusion

A final judgment on the merits bars relitigation of the same claim between the same parties, including claims that were or could have been raised.

Primary versus secondary authority

Primary authority is binding law such as constitutions, statutes, regulations, and cases. Secondary authority like treatises and restatements explains law but is only persuasive.

Citator function

A citator traces subsequent references to a case or statute, flagging negative treatment such as overruling or criticism so researchers confirm the authority remains good law.

Rule 1.6 confidentiality

A lawyer may not reveal information relating to client representation without informed consent, subject to exceptions such as preventing reasonably certain death or substantial bodily harm.

Legal positivism

The theory that law's validity depends on its source and social enactment, not on its moral merit. A duly enacted rule is law even if unjust.

Textualism

A statutory interpretation approach that applies the ordinary public meaning of the enacted text at the time of enactment, limiting reliance on legislative history.

Geofence warrant

A warrant seeking location data for all devices in a defined area during a time window. Courts scrutinize these for probable cause and particularity under the Fourth Amendment.

Procedural due process

Before depriving a person of life, liberty, or property, government must provide notice and a meaningful opportunity to be heard, balanced under the Mathews factors.

Easement by necessity

An implied easement arising when a parcel becomes landlocked after severance from a larger tract, requiring strict necessity and common ownership before the split.