MT Bar key terms

A court's power to bind a particular defendant, usually satisfied by domicile, presence, consent, or minimum contacts showing purposeful availment and fair play. It is waivable if not timely raised.

A court's authority to hear a category of case, such as federal question or diversity. It cannot be waived or conferred by consent, and federal courts presume its absence unless shown.

In diversity cases, federal courts apply state substantive law but may use federal procedural rules, unless the federal rule conflicts with state law and violates the Rules Enabling Act or Constitution.

A pretrial motion granted when no genuine dispute of material fact exists and the movant deserves judgment as a matter of law, viewed in the light most favorable to the nonmovant.

Res judicata bars a later suit on the same claim between the same parties or privies after a final judgment on the merits, including claims that could have been raised.

A plaintiff's constitutional requirement to show injury in fact, causation, and redressability. It ensures federal courts decide actual cases or controversies rather than abstract policy disputes.

The Fourteenth Amendment's requirement that constitutional protections apply to government conduct. Private conduct is generally unregulated unless it performs a public function or is significantly entangled with the state.

The most demanding equal protection test: a law must serve a compelling government interest and be narrowly tailored. It applies to suspect classifications and fundamental rights.

A doctrine limiting state laws that discriminate against or unduly burden interstate commerce, even without federal regulation. Nondiscriminatory laws survive if rationally related to a legitimate local benefit.

A manifestation of present contractual intent with definite terms, created so that a reasonable person would believe acceptance would conclude the bargain. It empowers the offeree to accept.

A bargained-for exchange of legal value, such as a promise or performance, that induces the other party's promise. Past acts, moral duties, and illusory promises generally fail.

A writing requirement for certain contracts, including land sales, suretyship, marriage, one-year performance, and goods over $500, to prevent fraud. It must be signed by the party to be charged.

Under UCC Article 2, a buyer may reject goods if they fail in any respect to conform to the contract, unless the seller cures or the parties agreed otherwise.

An unequivocal statement or act before performance is due showing the obligor will not perform. It allows the nonbreaching party to treat the contract as breached immediately or await performance.

The mental state required for a crime, such as purpose, knowledge, recklessness, or negligence. It distinguishes intentional wrongdoing from accidental conduct and often determines the grade of offense.

A killing during the commission of an inherently dangerous felony, such as robbery or burglary, treated as murder even without intent to kill. Limits include the merger doctrine and proximate cause.

Custodial interrogation requires police to advise suspects of silence, counsel, and appointed counsel. Statements obtained without warnings are generally inadmissible in the prosecution's case-in-chief.

The Fourth Amendment test for a search: whether a person exhibited a subjective expectation of privacy that society recognizes as reasonable. Government intrusion into that sphere generally requires a warrant or exception.

An out-of-court statement offered to prove the truth of the matter asserted. It is generally inadmissible unless an exception or exclusion applies, because the declarant is unavailable for cross-examination.

The Sixth Amendment right of a criminal defendant to confront adverse witnesses. It bars testimonial hearsay from unavailable declarants unless the defendant had a prior opportunity to cross-examine.

Requires an original writing, recording, or photograph to prove its content, unless a valid excuse exists. It applies when the content is directly at issue, not merely as collateral evidence.

Acquisition of title by open, notorious, actual, exclusive, continuous possession that is hostile to the owner for the statutory period. Some states require color of title or payment of taxes.

An implied easement arising when a parcel becomes landlocked or lacks reasonable access, based on prior common ownership and strict necessity at the time of severance.

A purchaser who buys for value without notice of another's prior interest. Recording acts protect such purchasers against earlier unrecorded conveyances, depending on race, notice, or race-notice statute.

No interest is valid unless it must vest, if at all, within twenty-one years after a life in being at creation. It limits remote contingent future interests.

A violation of a statute that establishes a standard of care, creating a presumption or conclusive finding of breach when the plaintiff is within the statute's protected class and harm type.

The thing speaks for itself: an inference of negligence when an accident ordinarily would not occur without negligence, the instrumentality was under the defendant's control, and the plaintiff did not contribute.

A seller of a defective product unreasonably dangerous when sold is liable for harm to persons or property, without proof of negligence, if the defect existed at sale and caused injury.

A system apportioning damages between plaintiff and defendant based on fault. Pure comparative reduces recovery proportionally; modified bars recovery if plaintiff's fault exceeds a set threshold.

A duty of loyalty and care owed by agents, partners, directors, and trustees. It requires acting in the principal's interest, avoiding conflicts, and disclosing material information.

A general partnership with no fixed term, dissolvable by any partner's express will. Absent agreement, RUPA governs management, profit sharing, and winding up.

Disregarding limited liability when the corporation is an alter ego or instrumentality used to commit fraud or injustice. Courts consider commingling, undercapitalization, and failure to observe formalities.

A divorce court's division of marital property based on fairness factors such as contribution, need, and duration of marriage, rather than title. Separate property is usually retained by its owner.

A trust provision that prevents a beneficiary from transferring or creditors from reaching trust distributions before payment. It protects the beneficiary's interest while leaving the trustee discretion.

Secured transaction steps: attachment gives the creditor a security interest when value is given, debtor has rights, and a security agreement exists; perfection gives priority through filing or possession.

Conflict-of-laws analysis selecting the governing law for a dispute, often using the forum's rules and applying the place of injury, place of contracting, or most significant relationship.

An MPT task requiring a neutral analysis of law and facts for a supervising attorney, predicting likely outcomes and identifying uncertainties. It follows office format with question presented, brief answer, analysis.

An MPT task advocating for a client's position to a court or tribunal. It uses point headings, facts favorable to the client, and legal argument, unlike a neutral memo.

The MPT instruction document that assigns the writing task, identifies the audience and format, and limits the scope of the required legal analysis.

The MPT principle that the File and Library contain all facts and law needed; candidates should not rely on outside knowledge or research.