ND Bar key terms

A final judgment on the merits bars the same parties from relitigating the same claim in a later lawsuit, including issues that were or could have been raised in the first case.

Once an issue is actually litigated and decided, the losing party cannot contest that same issue in a later case between the same parties, even if the second lawsuit involves a different claim.

A federal court hearing a claim with original jurisdiction may also hear related state-law claims that share a common nucleus of operative fact, unless the federal claim is dismissed or a statute says otherwise.

In diversity cases, federal courts apply state substantive law but follow federal procedural rules, unless applying the federal rule would change the outcome and encourage forum shopping.

When a statute sets a standard of care and the defendant violates it, causing injury to a person the statute was meant to protect, the violation establishes breach without further proof of unreasonableness.

A promise made without consideration may still be enforced when the promisor reasonably expected the promisee to rely on it, the promisee did rely, and enforcement is needed to prevent injustice.

A rule requiring certain contracts - such as those involving land, suretyship, marriage, goods over $500, or contracts not performable within one year - to be in writing and signed to be enforceable.

When parties adopt a final written agreement, earlier or contemporaneous oral statements cannot be used to contradict the writing, though they may be admitted to explain ambiguity or show fraud or mistake.

A bargained-for exchange in which each party gives something of legal value, such as a promise, an act, or a forbearance, in return for the other party's promise.

An out-of-court statement offered in court to prove that what it asserts is true. It is generally inadmissible unless an exception or exclusion, such as a party admission, applies.

The Sixth Amendment right of a criminal defendant to confront witnesses against them, which generally bars testimonial hearsay unless the declarant is unavailable and the defendant had a prior chance to cross-examine.

Before custodial interrogation, police must tell a suspect about the right to remain silent, that anything said can be used against them, and the right to counsel, and must obtain a knowing waiver.

A particularized, objective basis for believing a person has committed or is about to commit a crime, which permits a brief investigatory stop but not a full arrest without more.

Intentional harmful or offensive physical contact with another person, without consent. The contact itself is the wrong; the victim need not be injured or even aware at the moment.

An intentional act that causes a reasonable apprehension of an imminent battery, or an attempted battery. Words alone usually are not enough without some accompanying conduct.

Intentionally exercising dominion or control over another person's property so seriously that it justifies requiring the wrongdoer to pay the property's full value.

A clear and definite statement or act by one contracting party, before performance is due, indicating they will not perform, which lets the other party sue immediately or wait.

A seller who regularly deals in goods of a given kind automatically promises that those goods are fit for their ordinary purpose, unless the warranty is properly disclaimed.

A party may remove a limited number of prospective jurors without giving a reason, but not on the basis of race, ethnicity, or sex, which would violate the Equal Protection Clause.

A standard of proof requiring the factfinder to be highly persuaded that a claim is true, used in cases such as fraud, punitive damages, and termination of parental rights.

No property interest is valid unless it must vest or fail within twenty-one years after a life in being at the time it was created; a possibility of later vesting invalidates the interest.

A person who actually, openly, exclusively, continuously, and hostilely occupies another's land for the statutory period acquires title to it, without the owner's permission.

A right to use another's land arises when use is open, notorious, adverse, and continuous for the statutory period, similar to adverse possession but granting only use, not ownership.

A party injured by a breach of contract must take reasonable steps to reduce avoidable loss; damages that could have been avoided through reasonable effort are not recoverable.

An employer is liable for torts committed by an employee acting within the scope of employment, even if the employer was careful in hiring and training.

A standard legal writing structure: state the Issue, give the controlling Rule, apply the rule to the facts, and state a Conclusion. Graders look for analysis, not just a conclusion.

A lawyer's duty of loyalty bars representation that is directly adverse to another client, or materially limited by duties to a third party or the lawyer's own interests, unless informed consent is obtained.

A partnership with no fixed term that any partner may dissolve at any time, subject to liability for wrongful dissolution and to the duty of good faith owed to other partners.

An employer may generally fire at will, but cannot discharge an employee for reasons that violate public policy, an express contract, or an implied covenant of good faith.

When a party proves the contents of a writing, recording, or photograph, the original must be produced unless an exception, such as the document's loss or the other side's possession, applies.

Records made in the regular course of business, at or near the time of the event, by someone with knowledge, are admissible despite hearsay, though the opponent may challenge trustworthiness.

The instruction page in a Multistate Performance Test booklet that tells the examinee who they represent, the audience, the deliverable, and the specific legal or factual issues to address.

The fact portion of the Multistate Performance Test: a set of documents such as client letters, interviews, contracts, and court records that supplies the facts for the assigned task.

The legal portion of the Multistate Performance Test: statutes, regulations, and cases the examinee must apply to the facts, even if they differ from real law.

A predictive legal document for a supervisor that analyzes the law and facts neutrally and forecasts how a court would likely rule, rather than advocating for one outcome.

A document addressed to a court that argues for a client's position, using the facts and authorities to urge a particular ruling, in contrast to a neutral internal memo.

A letter translating legal analysis and options into plain language for a non-lawyer client, often explaining likely outcomes, risks, and recommended next steps.

The MPT provides all governing law in its library, so examinees should apply those materials rather than outside rules, even when the supplied law departs from real doctrine.