MT Bar study materials
MT Bar study resources

MT Bar flashcards

MT Bar · Build recall with a focused review session.

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

Complete diversity
No plaintiff shares state citizenship with any defendant; corporation citizenship includes incorporation state and principal place of business; LLC members' citizenship controls.
Amount in controversy
Diversity jurisdiction requires more than $75,000 exclusive of interest and costs; plaintiff's good-faith claim controls unless legally certain below threshold.
Erie doctrine
Federal court in diversity applies state substantive law and federal procedural rules; if no valid federal rule, apply state law when outcome determinative or forum shopping risk.
Hearsay definition
Out-of-court statement offered to prove truth of matter asserted; party-opponent statements are nonhearsay; prior sworn inconsistent statements may be substantive if under oath.
UCC firm offer
Merchant's signed writing promising to keep offer open is irrevocable without consideration for stated time or reasonable time, capped at three months.
Search incident arrest
Warrantless search of arrestee's person and area within immediate control permitted to prevent weapons or evidence destruction; applies to recent occupant vehicle only if arrestee within reaching distance.
Res ipsa loquitur
Negligence inference requires accident of type ordinarily not occurring absent negligence and instrumentality in defendant's exclusive control; plaintiff must not contribute.
Race-notice recording
Subsequent bona fide purchaser prevails by recording first without notice of prior interest; notice includes actual, inquiry, and record notice.
Adverse possession elements
Actual, open and notorious, exclusive, continuous for statutory period, and hostile possession; state law may require color of title or payment of taxes.
Strict scrutiny
Law necessary to achieve compelling government interest and narrowly tailored; applies to suspect classifications and fundamental rights.
Promissory estoppel
Promise reasonably inducing detrimental reliance that justice requires enforcement; remedy may be reliance damages; typically no contract without acceptance.
Contributory negligence
Plaintiff's failure to exercise reasonable care for own safety; traditional rule bars recovery completely; comparative jurisdictions reduce recovery by fault percentage.
Business judgment rule
Directors' decisions protected if made in good faith, informed, and without conflict; rebuttable by breach of loyalty, care, or bad faith.
Plain view doctrine
Warrantless seizure of evidence permitted when officer lawfully present, item immediately apparent as evidence, and lawful right of access.
Apparent authority
Principal's manifestations lead third party reasonably to believe agent authorized; principal bound even without actual authority; reliance must be reasonable.
Partnership joint liability
Partners are jointly and severally liable for partnership obligations; a partner's admission in ordinary course binds partnership; individual partners may be sued.
Derivative demand futility
Shareholder may sue derivatively if demand on board excused; demand futility shown when majority of directors lack independence or face substantial likelihood of liability.
Security agreement attachment
Article 9 attachment requires value given, debtor rights in collateral, and authenticated security agreement describing collateral; attachment creates enforceable security interest.
Perfection by filing
File financing statement with debtor name and collateral description; perfects most security interests; priority generally first to file or perfect.
Premarital agreement
Enforceable if in writing and signed, voluntary, with fair disclosure or knowledge; unconscionability and lack of counsel may affect enforceability.
Child custody best interests
Court weighs child's welfare, stability, parental fitness, child preference, sibling relationships, and domestic violence; gender not determinative.
Holographic will
Will with material provisions in testator's handwriting and signed by testator; many states require no witnesses; date may matter.
Spendthrift trust
Trust provision restricts beneficiary's voluntary and involuntary alienation; beneficiary's creditors generally cannot reach trust principal or mandatory distributions before receipt.
Most significant relationship
Conflict-of-laws test for contracts and torts weighing connecting contacts, policies, and expectations; place of injury or contracting may not control.
Closed universe
MPT provides all applicable law in library and facts in file; candidates may not use outside statutes or cases.
Task memo
Instruction document specifies deliverable, audience, tone, and legal issues; it controls format and scope of response.
Objective memorandum
Neutral legal analysis with Question Presented, Brief Answer, Facts, Discussion, Conclusion; predicts likely outcome rather than advocates.
Persuasive brief
Advocacy document with caption, statement of facts, argument headings, and conclusion; cites library authority and applies it to client facts.
Client letter
Correspondence translating legal analysis into plain language; explains facts, law, options, risks, and recommended next steps.
Library and file
Library contains statutes, cases, and rules; file contains transcripts, contracts, correspondence, and other factual materials for the task.
Formatting rubric
MPT scoring evaluates legal analysis, factual application, organization, citation, tone, grammar, and compliance with task memo instructions.
Drafting contract provision
Drafting task requires consistent defined terms, allocation of risks, and contingencies drawn from file facts and library law.