MS PT Juris key terms

The doctrine that courts follow the rules established by earlier decisions of higher courts in the same jurisdiction when deciding factually similar cases, promoting consistency and predictability in the law.

A prior judicial decision that serves as authority for deciding later cases involving similar facts or legal issues, either binding or merely persuasive depending on the issuing court.

The essential legal reasoning on which a court's judgment rests; the principle of law necessary to the outcome, which carries binding authority in later cases.

A remark or observation in a judgment that is not necessary to the decision reached. It is persuasive at most and does not bind later courts.

The technique of arguing that a precedent does not control the present case because its material facts differ, thereby avoiding the application of that precedent's rule.

A method of legal argument that compares a new situation to an established case and argues that because the relevant similarities outweigh the differences, the same legal rule should apply.

The power of courts to examine legislative and executive acts and invalidate them when they conflict with the constitution, exercised subject to justiciability and standing limits.

The 1803 U.S. Supreme Court decision establishing that courts may declare acts of Congress unconstitutional, grounding judicial review in the written constitution's supremacy over ordinary legislation.

The constitutional guarantee that government will not deprive a person of life, liberty, or property without fair procedures and, substantively, without adequate justification for the deprivation.

The constitutional principle requiring government to treat similarly situated persons alike, with the level of scrutiny varying by whether the classification involves a suspect class or fundamental right.

The most demanding standard of constitutional review, under which a law must serve a compelling governmental interest and be narrowly tailored to achieve that interest.

The requirement that a plaintiff have a concrete injury in fact, fairly traceable to the defendant's conduct, that is likely to be redressed by a favorable judicial decision.

A justiciability doctrine barring courts from hearing cases before the dispute has matured into a concrete, actual controversy rather than a speculative or hypothetical one.

The doctrine that a court will not decide an issue when the controversy has ended or the parties no longer have a live stake in the outcome, subject to limited exceptions.

A manifestation of present contractual intent so definite in its terms that a reasonable person would understand assent would complete the bargain.

An unequivocal expression of assent to the terms of an offer, made in the manner invited or required, which creates a binding contract upon dispatch or receipt under applicable rules.

A bargained-for exchange of legal value, such as a promise to act or forbear, that induces the other party's promise and renders the agreement enforceable.

A doctrine permitting enforcement of a promise lacking consideration when the promisor reasonably expected reliance, reliance occurred, and injustice can be avoided only by enforcement.

The traditional common-law requirement that an acceptance match the offer's terms exactly; a purported acceptance with material changes operates as a counteroffer.

A rule barring admission of prior or contemporaneous oral statements to vary or contradict the terms of a fully integrated written agreement.

The determination of whether a written agreement is intended as the final and complete expression of the parties' bargain, which governs the reach of the parol evidence rule.

The mental element of an offense, describing the defendant's culpable state of mind such as intent, knowledge, recklessness, or negligence at the time of the act.

The physical or external element of a crime, comprising a voluntary act or qualifying omission that causes the prohibited result.

A mental state requiring the defendant to intend both the act and a further consequence or circumstance, such as intent to permanently deprive in larceny.

A mental state in which the defendant intends only to perform the prohibited act, without needing to intend any further result beyond that act.

The link between a defendant's conduct and a prohibited result, requiring both actual cause (but-for) and proximate cause, which excludes extraordinary intervening events.

The doctrine barring use at trial of evidence obtained in violation of constitutional rights, subject to exceptions such as good faith, inevitable discovery, and attenuation.

The principle that evidence derived from an unconstitutional search or seizure is also inadmissible, unless the connection to the original illegality has been sufficiently attenuated.

Conduct falling below the standard of care a reasonable person would exercise under similar circumstances, which causes actual and proximate harm to another.

The legal obligation to conform to a standard of reasonable conduct to protect foreseeable plaintiffs from unreasonable risk of harm.

A cause legally sufficient to impose liability, requiring that the harm be a foreseeable consequence of the defendant's breach rather than the product of an extraordinary intervening event.

A doctrine permitting an inference of negligence when the injury-causing instrument was under the defendant's exclusive control and the accident would not ordinarily occur absent negligence.

The degree of caution and prudence the law requires of a person, typically that of a reasonably prudent person under like circumstances, adjusted for special relationships or professional skill.

A doctrine by which a person who possesses another's land openly, exclusively, continuously, and hostilely for the statutory period acquires title to it.

The most complete and enduring form of land ownership, potentially infinite in duration and freely alienable, devisable, and inheritable.

An ownership interest lasting only for the lifetime of a named person, after which the property passes to a remainderman or reverts to the grantor.

A future interest created in a third party that becomes possessory automatically when a prior estate, such as a life estate, naturally ends.

A state law governing priority among competing purchasers of the same land, typically protecting a subsequent purchaser who records first without notice of the prior conveyance.

A purchaser who buys property for value and without notice, actual, constructive, or inquiry, of another party's prior claim to the property.

An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible unless it falls within a recognized exception or exclusion.

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

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

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

A court's authority over a particular defendant, satisfied by domicile, presence, consent, or minimum contacts with the forum consistent with fair play and substantial justice.

A court's authority to hear a particular category of case, such as federal question or diversity jurisdiction, which cannot be waived by the parties.

Federal court authority over civil cases between citizens of different states where the amount in controversy exceeds the statutory threshold, typically $75,000.

A state law authorizing its courts to exercise personal jurisdiction over nonresident defendants who have specified contacts with the state, bounded by constitutional due process.

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.

The obligation of a party to persuade the factfinder of a proposition to the required degree, such as preponderance of the evidence or beyond a reasonable doubt.

A situation in which a lawyer's personal, financial, or professional interests or duties to another client materially limit the representation, requiring disclosure and informed consent.

The evidentiary protection for confidential communications between a lawyer and client made for the purpose of obtaining legal advice, which the client may waive.

Protection for materials prepared by a lawyer in anticipation of litigation, discoverable only upon a showing of substantial need and undue hardship.

A client's agreement to a course of action after receiving adequate information about the material risks and reasonable alternatives, given freely without coercion.

An interpretive approach treating the constitution's meaning as evolving with societal values and circumstances rather than fixed at the time of enactment.

An interpretive theory holding that constitutional provisions should be construed according to their original public meaning or the framers' intent at ratification.

An interpretive method giving primary weight to the ordinary meaning of a statute's text, read in context, rather than to legislative history or perceived purpose.

A statutory interpretation approach that construes ambiguous text in light of the legislature's underlying purpose and the problem the statute was enacted to solve.