NE Bar flashcards
NE Bar · Build recall with a focused review session.
31 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Subject-matter jurisdiction
- A federal court's power to hear a case, based on federal question or diversity of citizenship with an amount in controversy exceeding $75,000; it cannot be waived and may be raised at any time.
- Perfect tender rule
- Under UCC Article 2, a buyer may reject goods if the goods or tender fail in any respect to conform to the contract, subject to the seller's right to cure and installment contract exceptions.
- Felony murder merger doctrine
- A felony that is an integral part of the homicide, such as aggravated battery, merges into the killing and cannot serve as the predicate for felony murder.
- Recording acts
- Statutes that protect subsequent purchasers of real property from prior unrecorded interests; race, notice, and race-notice variants determine priority among competing claimants.
- Co-conspirator statement exception
- A statement made by a co-conspirator during and in furtherance of the conspiracy is admissible against a party; statements made after the conspiracy ends are not admissible.
- Strict scrutiny
- The most demanding equal protection standard, applied to suspect classifications and fundamental rights; the law must be necessary to achieve a compelling governmental interest.
- Adverse possession elements
- Actual, open and notorious, exclusive, continuous, and hostile possession of another's land for the statutory period, which vests title in the possessor.
- Apparent authority
- Authority arising when the principal's manifestations to a third party create a reasonable belief that the agent is authorized, even without actual authority.
- Business judgment rule
- A presumption that directors acted on an informed basis, in good faith, and in the honest belief that the action served the corporation's best interests.
- Trust spendthrift clause
- A provision that prevents a beneficiary from voluntarily assigning trust income or principal and shields it from the beneficiary's creditors before distribution.
- Purchase-money security interest
- A security interest taken by a seller or lender to secure the price of goods; it has priority over a conflicting earlier security interest if perfected within statutory deadlines.
- Most significant relationship
- A choice-of-law approach that applies the law of the state with the most significant contacts and interests relative to the issue in dispute.
- Antilapse statute
- A statute that saves a gift to a predeceased beneficiary by passing it to the beneficiary's descendants, unless the will expresses a contrary intent.
- Partnership dissociation
- A partner's ceasing to be associated with the partnership; it does not necessarily dissolve the partnership and may trigger buyout rights.
- Entire fairness standard
- The standard applied to self-dealing by controlling shareholders, requiring fair dealing and fair price, with the burden on the fiduciary.
- MPT closed universe
- The MPT supplies all governing law in the File and Library, so the answer must be derived from those materials rather than recalled doctrine.
- MPT task memorandum
- The document assigning the deliverable, audience, and scope; it should be read first to identify the required format and tone.
- MPT time allocation
- About 30 minutes to read and outline, 45 minutes to draft, and 15 minutes to review per task, with the two tasks weighted equally.
- MPT library authorities
- Cases and statutes supplied for the task; each must be classified as controlling, persuasive, or distinguishable and applied to the File facts.
- MPT distractor documents
- File materials that are irrelevant or misleading; they should be identified and excluded rather than forced into the analysis.
- MPT thesis-first structure
- Stating the conclusion at the outset, then applying the rule to the facts, then addressing counterarguments and the likely outcome.
- MPT citation practice
- Cite File facts and Library authorities by page or document reference; never invent facts or authorities not present in the materials.
- MPT word limits
- Exceeding the stated word or page limit, or omitting required sections, results in score deductions regardless of analysis quality.
- Nebraska unicameral legislature
- Nebraska's single-house, nonpartisan Legislature; senators are elected without party labels, and the body is distinct from the bicameral model.
- Nebraska comparative negligence
- A modified comparative fault rule reducing a plaintiff's recovery by the plaintiff's percentage of fault and barring recovery at 50 percent or more.
- Nebraska title theory
- Nebraska treats a mortgage as a lien on title held by the mortgagee; deeds of trust with power of sale are common, subject to statutory notice and redemption rules.
- Nebraska workers' compensation exclusivity
- The Nebraska Workers' Compensation Act is the exclusive remedy for work-related injuries, with the Workers' Compensation Court having exclusive jurisdiction.
- Nebraska will formalities
- A Nebraska will must be signed by the testator and two witnesses; holographic wills are recognized only when executed with the statutory formalities.
- Nebraska UCC filing office
- Financing statements for secured transactions are filed with the Nebraska Secretary of State, while real property recordings are made with the county register of deeds.
- Nebraska Open Meetings Act
- Requires reasonable notice and public access to meetings of public bodies; violations may void actions taken and expose members to civil penalties.
- Nebraska pretermitted heir statute
- Protects after-born or omitted children by granting them a share of the estate unless the will shows an intent to disinherit them.