NE Bar key terms

A doctrine allowing negligence to be inferred when an accident is of a kind that ordinarily does not happen without negligence, caused by an instrumentality under the defendant's exclusive control, and not attributable to the plaintiff.

A rule treating a violation of a statute as breach of duty when the statute sets a standard of conduct, the plaintiff is within the class the statute protects, and the harm is the type the statute was designed to prevent.

The legally recognized obligation to act as a reasonable person would under like circumstances, owed to foreseeable plaintiffs within the zone of danger created by the actor's conduct.

The requirement that the defendant's breach be a substantial factor in bringing about the harm and that the harm fall within the scope of the foreseeable risks created by the conduct.

An intervening act that breaks the chain of causation and relieves the original actor of liability because the intervening harm was not a foreseeable consequence of the original negligence.

The quality of a risk or consequence being reasonably anticipated by a person in the actor's position, used to define the scope of duty and the limits of proximate causation.

Liability imposed without proof of fault on a commercial seller of a defective product that is unreasonably dangerous and causes harm, where the defect existed when the product left the seller's control.

A product flaw arising from the product's plan or configuration, shown by a safer reasonable alternative design or by the product failing to perform as an ordinary consumer would expect.

A products liability theory holding a seller liable when adequate warnings or instructions about foreseeable risks of use were missing, making the product unreasonably dangerous.

A condition of res ipsa loquitur requiring that the instrumentality causing injury was under the defendant's sole management and control at the time of the accident.

A doctrine enforcing a promise without consideration when the promisor should reasonably expect the promisee to rely, the promisee does rely, and injustice can be avoided only by enforcement.

A bargained-for exchange of legal value, consisting of a detriment to the promisee or a benefit to the promisor, that makes a promise enforceable.

Action or forbearance by a promisee induced by a promise, which can make the promise binding under promissory estoppel even absent traditional consideration.

A rule requiring certain contracts, including those for land, suretyship, marriage consideration, and goods over a stated value, to be evidenced by a writing signed by the party to be charged.

A substantive rule barring admission of prior or contemporaneous oral or written statements to contradict, vary, or supplement an integrated final written agreement.

The determination that a writing is the final and complete expression of the parties' agreement, which triggers the parol evidence rule and limits admissible extrinsic terms.

The Article 2 regime governing transactions in movable goods, supplying default rules on formation, risk of loss, warranties, and remedies that differ from common law contract doctrine.

The Article 2 principle that a buyer may reject goods unless the seller's tender conforms exactly to the contract, subject to the seller's right to cure and the buyer's obligation of good faith.

A party's clear and unequivocal statement or act indicating it will not perform, which gives the nonbreaching party an immediate right to treat the contract as breached.

An equitable remedy compelling a breaching party to perform as promised, generally available only when legal damages are inadequate, such as for unique goods or land.

A court order commanding a party to do or refrain from doing a specified act, granted under equitable standards that include irreparable harm, inadequate legal remedy, and balancing of hardships.

Government interference with a person's freedom of movement by physical force or a show of authority that would make a reasonable person feel not free to leave.

A particularized and objective basis, supported by specific articulable facts, for suspecting that a person has engaged in or is about to engage in criminal activity.

Facts and circumstances that would lead a reasonable person to believe an offense has been committed and that the person to be arrested or place to be searched is connected to it.

The remedy suppressing evidence obtained in violation of the Constitution, subject to exceptions including good faith, inevitable discovery, and attenuation.

The doctrine extending the exclusionary rule to evidence derived from an unconstitutional search or seizure, unless the connection to the illegality is sufficiently attenuated.

The advisement required before custodial interrogation that a suspect may remain silent, that statements may be used against the suspect, and that counsel is available.

Questioning by law enforcement after a suspect has been taken into custody or otherwise deprived of freedom in a significant way, triggering the requirement of Miranda warnings.

An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible unless a hearsay exception or exclusion applies.

A hearsay exception for a statement describing or explaining an event made while or immediately after the declarant perceived it, offered for its truth.

A hearsay exception for a statement relating to a startling event made while the declarant was under the stress of excitement caused by the event.

Evidence of a person's general propensities, generally inadmissible to prove conduct in conformity therewith, subject to exceptions for certain cases and purposes such as impeachment.

The process of attacking a witness's credibility through prior inconsistent statements, bias, convictions, reputation for truthfulness, or contradictory evidence.

The requirement that the original writing, recording, or photograph be produced to prove its content, subject to exceptions for lost, unavailable, or collateral materials.

A motion asking the court to rule for the movant because no reasonable jury could find for the opposing party on the evidence presented, removing the case from the jury.

A post-verdict or trial motion granting judgment when the evidence, viewed in the light most favorable to the nonmovant, cannot support the verdict.

A court's authority to hear a category of case, such as federal question or diversity jurisdiction, which cannot be waived and may be raised at any time.

Federal jurisdiction over civil actions between citizens of different states or foreign citizens where the amount in controversy exceeds the statutory threshold.

The discretionary power of a federal court to hear claims that are part of the same case or controversy as a claim within its original jurisdiction.

The principle that federal courts sitting in diversity apply state substantive law and federal procedural law, guided by the Rules of Decision Act and the Rules Enabling Act.

A pretrial motion granted when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law, based on pleadings, discovery, and affidavits.

The MPT skill of eliciting relevant facts from a client or witness, identifying legal issues, and structuring questions to obtain complete and reliable information.

A written MPT task presenting an objective analysis of law applied to facts, typically organized with questions presented, brief answers, and a discussion section.

An advocacy document written for a court that advances a client's position through a statement of facts, argument, and requested relief, using authority to support each claim.

The MPT process of sorting provided materials into favorable, unfavorable, and missing facts, then connecting each fact to the elements of the governing legal rule.

Nebraska's single-chamber, nonpartisan legislature, the only one among the states, whose structure affects how statutes are enacted and interpreted in Nebraska law.

The governing charter of Nebraska, which may provide rights broader than the federal Constitution and is interpreted alongside state statutes and case law.

The specialized Nebraska tribunal with exclusive jurisdiction over claims for workplace injuries, applying statutory benefits instead of common law tort remedies.