ND Bar study materials
ND Bar study resources

ND Bar flashcards

ND 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
For federal diversity jurisdiction, no plaintiff may be a citizen of the same state as any defendant; the amount in controversy must exceed $75,000.
Federal question jurisdiction
Federal courts have jurisdiction over claims arising under the U.S. Constitution, federal statutes, or treaties; a federal defense ordinarily does not create federal question jurisdiction.
Hearsay definition
An out-of-court statement offered to prove the truth of the matter asserted; it is generally inadmissible unless an exclusion, exemption, or exception applies.
Present sense impression
A statement describing or explaining an event made while or immediately after the declarant perceived it; admissible as a hearsay exception under the Federal Rules.
Excited utterance
A statement relating to a startling event made while the declarant was under the stress of excitement it caused; admissible as a hearsay exception.
Strict scrutiny
Applies to suspect classifications and fundamental rights; the law must be narrowly tailored to serve a compelling government interest and use the least restrictive means.
Intermediate scrutiny
Applies to sex-based classifications and illegitimacy; the law must serve an important government interest and be substantially related to that interest.
Rational basis review
Applies to economic and social legislation; the law must be rationally related to a legitimate government interest, and courts uphold it if any conceivable basis exists.
UCC 2-207 acceptance
A definite expression of acceptance or written confirmation operates as acceptance even with additional or different terms; additional terms between merchants enter unless material, objected to, or already offered.
Res ipsa loquitur
Permits an inference of negligence when the instrumentality causing injury was in the defendant's exclusive control and the accident ordinarily would not occur absent negligence.
Race-notice recording
A later purchaser prevails only if it records first and takes without notice of the prior conveyance; notice may be actual, inquiry, or record.
Search incident to arrest
Police may search the arrestee's person and the area within the arrestee's immediate control to prevent weapons access and evidence destruction; vehicle passenger compartment limits apply.
Miranda custody test
Miranda warnings are required before interrogation when a reasonable person would not feel free to leave; booking questions and routine traffic stops generally do not trigger the requirement.
Proximate cause
A defendant is liable only for harms that are a foreseeable result of the breach; unforeseeable intervening causes may supersede and cut off liability.
MEE format
The Multistate Essay Examination has six 30-minute essay questions in one three-hour session; questions may test one subject or combine multiple subjects.
Actual authority
An agent's power to act on the principal's behalf based on the principal's manifestations to the agent; it may be express or implied by conduct, custom, or necessity.
Apparent authority
An agent's power to bind the principal based on the principal's manifestations to a third party that reasonably lead the third party to believe the agent is authorized.
Duty of loyalty
A director, officer, or agent must act in the principal's best interest, avoid self-dealing, and not usurp corporate opportunities without informed consent.
Business judgment rule
A presumption that directors acted on an informed basis, in good faith, and in the corporation's best interest; it protects disinterested decisions from liability absent waste or bad faith.
Spendthrift trust
A trust provision restraining both voluntary and involuntary alienation of the beneficiary's interest; it generally protects trust distributions from the beneficiary's creditors until paid.
Domicile test
A person acquires domicile by physical presence in a state plus intent to remain indefinitely; a prior domicile persists until a new one is established.
UCC Article 9 attachment
A security interest attaches when value is given, the debtor has rights in the collateral, and the debtor authenticates a security agreement describing the collateral.
Premarital agreement writing
A premarital agreement must be in writing and signed by both parties to be enforceable; lack of disclosure or unconscionability may defeat enforcement under state law.
Testimonial hearsay
A statement made for the primary purpose of establishing past events for prosecution is testimonial; it is inadmissible against an unavailable declarant absent prior cross-examination or forfeiture.
MPT format
The Multistate Performance Test has two 90-minute tasks in a three-hour session; each task provides a file of facts and a library of legal authorities.
Closed universe
MPT materials include all facts and law needed; candidates should not rely on outside statutes, cases, or personal knowledge not supplied in the file or library.
Objective memorandum
A neutral legal analysis usually containing a question presented, brief answer, statement of facts, discussion, and conclusion; it predicts how a court would rule.
Persuasive brief
An advocacy document with caption, statement of facts, argument, and conclusion; it argues for a client's position using favorable facts and authorities from the library.
Client letter
A written communication to a client that states the matter, summarizes relevant facts and law, analyzes options, and recommends action in plain language.
Task instructions
The MPT directive governs the document's format, audience, length, and required analysis; it may require a memo, brief, letter, contract clause, will, or other document.
Library authority
Provided statutes, regulations, cases, and secondary sources; mandatory authority binds within its jurisdiction, while persuasive authority may influence but does not bind.
Element application
For each legal rule, identify every element, match specific file facts to each element, and explain whether the element is satisfied or not.