NALA CP flashcards

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

Rule 12(b)(6)

A motion asserting that the complaint fails to state a claim upon which relief can be granted; it tests legal sufficiency and does not test the truth of well-pleaded facts.

90-day service requirement

Under Federal Rule 4(m), the plaintiff must serve the defendant within 90 days after filing the complaint or show good cause, or the court may dismiss without prejudice.

Summary judgment standard

Granted under Rule 56 when there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law, with evidence read in the nonmovant's favor.

Affirmative defense

A defense such as statute of limitations, contributory negligence, or discharge in bankruptcy that the defendant must plead and prove under Rule 8(c); failure to plead generally waives it.

Interrogatories limit

Federal Rule 33 permits 25 interrogatories including subparts absent leave or stipulation; responses are due 30 days after service, plus 3 days if served by mail.

UCC firm offer rule

A merchant's signed written offer to buy or sell goods is irrevocable without consideration for the stated time, or a reasonable time, not exceeding three months under UCC 2-205.

Mailbox rule

Acceptance is effective on dispatch rather than receipt unless the offer states otherwise; option contracts and irrevocable offers are exceptions requiring receipt before acceptance is effective.

Parol evidence rule

A fully integrated writing cannot be contradicted or supplemented by prior or contemporaneous oral statements; ambiguity, collateral agreements, and conditions may still permit extrinsic evidence.

Statute of Frauds categories

Common-law writings are required for marriage, year-long performance, land, executor promises, suretyship, and sale of goods of $500 or more under UCC 2-201.

Expectation damages

The benefit-of-the-bargain measure: loss in value of the promised performance plus incidental and consequential damages, minus costs the injured party avoided or could have avoided.

Business judgment rule

A presumption that directors acted in good faith, on an informed basis, and in the corporation's best interest; courts defer absent disloyalty, bad faith, or gross negligence.

Piercing the corporate veil

A court may disregard the entity when owners used it as an alter ego, left it undercapitalized, or committed fraud, exposing shareholders to personal liability for corporate obligations.

S corporation limits

To qualify, a corporation needs 100 or fewer eligible shareholders, one class of stock, and domestic organization; it generally avoids entity-level federal income tax.

Derivative action demand

A shareholder must make written demand on the board and wait 90 days under the Model Act, unless demand would be futile, before suing on a corporate claim.

Miranda trigger

Custodial interrogation by law enforcement requires warnings about the right to silence and to counsel; unwarned statements are generally inadmissible in the prosecution's case-in-chief.

Terry stop

A brief investigative detention based on reasonable suspicion of criminal activity, permitting a limited pat-down for weapons only when separate safety concerns support it.

Speedy Trial Act

Federal law requires indictment within 30 days of arrest and trial within 70 days of indictment or first appearance, whichever is later, subject to excludable periods.

Felony murder

A killing during the commission or attempted commission of an enumerated inherently dangerous felony is murder without proof of intent to kill; triggering felonies vary by state.

Good faith exception

Evidence seized in reliance on a facially valid warrant later found defective is generally admissible, unless the supporting affidavit was knowingly or recklessly false.

Per stirpes distribution

Intestate property divided by representation: descendants of a deceased heir take that heir's share, split equally among the living members of that branch.

Will attestation

A valid attested will requires testamentary capacity, a written document, the testator's signature, and signatures of two witnesses in the testator's presence under the Uniform Probate Code.

Revocable living trust

A trust the settlor creates during life while keeping the power to amend or revoke; assets titled to the trust pass to beneficiaries without probate administration.

Step-up in basis

Under IRC 1014, an heir's basis in inherited property becomes fair market value at the date of death, eliminating income tax on appreciation during the decedent's life.

General warranty deed

Contains six covenants: seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and further assurances; the grantor warrants title against all claims.

Race-notice recording

A later purchaser prevails only by recording first and without notice, whether actual, constructive, or inquiry, of a prior unrecorded conveyance of the same interest.

Adverse possession elements

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

Easement by necessity

Arises when landlocked land requires access; it requires common ownership of both parcels at the time of severance and strict necessity for the claimed use.

Implied warranty of habitability

Residential leases carry a duty to keep the premises fit for human habitation; breach supports repair and deduct, rent abatement, or lease termination by the tenant.

IRAC method

A legal analysis format: state the Issue, announce the relevant Rule, apply the facts to that rule, then conclude with a clear answer to the question.

Confidentiality Rule 1.6

A lawyer may not reveal information relating to a representation without informed consent, except to prevent reasonably certain death or substantial bodily harm or as otherwise authorized.

Unauthorized practice of law

Nonlawyers such as paralegals cannot give legal advice, set legal fees, or accept representation; they may relay the lawyer's instructions and explain forms.

Validating authority

Shepard's or KeyCite verifies that a case or statute remains good law by showing subsequent history, negative treatment, and citing references from other authorities.