NC Bar flashcards

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

Minimum contacts

Personal jurisdiction standard requiring defendant to have purposeful availment of forum benefits, relatedness of claim to contacts, and reasonableness under fair play and substantial justice.

Diversity jurisdiction

Federal subject-matter jurisdiction under 28 U.S.C. §1332 requiring complete diversity of citizenship between parties and amount in controversy exceeding $75,000, exclusive of interest and costs.

Erie doctrine

Federal courts in diversity cases must apply state substantive law and federal procedural law; if a federal rule is valid and directly conflicts, it applies unless it alters substantive rights.

Claim preclusion

Res judicata bars relitigation of the same claim after a final judgment on the merits by a court of competent jurisdiction between the same parties or their privies.

Standing

Constitutional requirement that plaintiff have injury-in-fact, causation, and redressability; third-party standing requires close relationship and obstacle to self-assertion.

Strict scrutiny

Equal protection standard for suspect classifications (race, national origin, fundamental rights); law must be narrowly tailored to serve a compelling government interest.

Intermediate scrutiny

Equal protection standard for sex and illegitimacy; law must be substantially related to an important government interest; burden on government.

Dormant Commerce Clause

Judicial doctrine restricting state laws that discriminate against or unduly burden interstate commerce; discriminatory laws subject to strict scrutiny, nondiscriminatory to balancing.

Consideration

Bargained-for exchange of legal value; promise must induce detriment or detriment must induce promise; pre-existing duty rule limits; promissory estoppel may substitute.

Statute of Frauds

Requires written evidence for marriage, year, land, executor, surety, and sale of goods over $500; exceptions include part performance, admissions, merchant confirmation.

Parol evidence rule

Bars prior or contemporaneous oral statements to vary integrated written agreement; exceptions for ambiguity, fraud, mistake, condition precedent, course of dealing.

UCC firm offer

Merchant's signed writing assuring offer will be held open is irrevocable for stated time or reasonable time, not exceeding three months, without consideration.

Felony murder

Murder liability for death during commission of inherently dangerous felony; limitations: res gestae, merger doctrine, proximate cause, and affirmative defenses.

Miranda warnings

Custodial interrogation requires warnings of right to remain silent, right to counsel, and that statements can be used; waiver must be knowing, voluntary, intelligent.

Exclusionary rule

Evidence obtained in violation of Fourth Amendment inadmissible; exceptions: good faith, inevitable discovery, attenuation, independent source, impeachment.

Ineffective assistance

Sixth Amendment claim requires showing counsel's performance deficient and prejudicial; Strickland v. Washington two-prong test; strong presumption of competence.

Hearsay

Out-of-court statement offered to prove truth of matter asserted; inadmissible unless exclusion, exemption, or exception applies; opposing party statements are exclusions.

Character evidence

Generally inadmissible to prove conduct; exceptions: criminal defendant's character, prosecution rebuttal, character at issue, impeachment for truthfulness.

Confrontation Clause

Testimonial hearsay inadmissible unless declarant unavailable and defendant had prior opportunity to cross-examine; nontestimonial hearsay governed by hearsay rules.

Daubert standard

Expert testimony admissible if qualified, reliable methodology, helpful, based on sufficient facts, reliable principles, and applied reliably; court gatekeeping.

Joint tenancy

Concurrent ownership with right of survivorship; requires four unities: time, title, interest, possession; severed by conveyance, mortgage, lease, or agreement.

Adverse possession

Acquisition of title by actual, open and notorious, exclusive, continuous, hostile possession for statutory period; tacking allowed with privity; government land exempt.

Recording acts

Race (first to record), notice (first without notice), race-notice (first to record without notice); protect subsequent purchasers; shelter rule; inquiry notice.

Easement by necessity

Implied easement when landlocked parcel requires access; arises from prior common ownership and strict necessity; terminates when necessity ends.

Res ipsa loquitur

Negligence inference when accident ordinarily would not occur without negligence, instrumentality in defendant's exclusive control, and plaintiff not contributorily negligent.

Proximate cause

Negligence cause requiring foreseeability of harm; defendant liable for foreseeable plaintiffs and harms; intervening causes may supersede unless foreseeable.

Products liability

Strict liability for manufacturing, design, and warning defects; commercial seller; foreseeable use; defenses: misuse, assumption of risk, sophisticated user.

Defamation

Defamatory statement, publication, identification, harm; public figures must prove actual malice; private plaintiffs need negligence for actual damages.

IRAC

Legal writing structure: Issue, Rule, Application, Conclusion; used in MPT objective memos and exam essays; CREAC adds Explanation and repeated Conclusion.

MPT closed universe

Multistate Performance Test provides library and file; no outside law; tests practical skills; 90 minutes per task; two tasks; objective and persuasive formats.

MBE scoring

200 questions, 175 scored, 6 hours; scaled 0-200; passing varies (133-145); MBE is 50% of UBE score; approximately 60-65% correct needed.

MBE subject weighting

Each of seven subjects approximately 25 questions: Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, Torts; total 175 scored.