NextGen Bar key terms

A court's power over the parties in a case, which requires the defendant to have contacts with the forum state sufficient to make being sued there fair, usually measured by minimum contacts plus fair play.

A court's authority to hear the kind of case before it, such as federal courts hearing cases arising under federal law or between citizens of different states; it cannot be waived or created by agreement.

Rule requiring a federal court sitting in diversity to apply the substantive law of the state where it sits, including state common-law rules, while following federal procedural rules when the two conflict.

Doctrine barring a party from relitigating a claim already decided by a final judgment on the merits, when the same parties or their privies raise claims that were or could have been brought.

Constitutional limits apply mainly to government conduct, so a private party's behavior is not a due process or equal protection violation unless the state significantly involves itself in that behavior.

The toughest test for government classifications: the law must serve a compelling interest and be narrowly tailored to achieve it, used for suspect classes and fundamental rights.

A requirement that a plaintiff show a concrete injury in fact, fairly traceable to the defendant's conduct, that a favorable court decision is likely to redress.

The implied rule that states may not burden interstate commerce, even absent congressional action, if a state law discriminates against out-of-state interests or imposes excessive burdens on interstate trade.

A bargained-for exchange of value, such as a promise, act, or forbearance, that makes a promise enforceable; past acts and bare moral obligations generally do not count.

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

Rule that a fully integrated written agreement supersedes earlier or contemporaneous oral statements, so those statements cannot be used to contradict or vary the writing, subject to recognized exceptions.

Laws requiring certain contracts, such as land sales, suretyship promises, and contracts not performable within one year, to be evidenced by a writing signed by the party to be charged.

The guilty mental state required for a crime, such as purpose, knowledge, recklessness, or negligence, which must coincide with the prohibited act.

A rule making a killing during certain inherently dangerous felonies murder even without intent to kill, typically limited by foreseeability, agency, and merger doctrines.

Liability for a crime imposed on a person who aids, abets, or encourages another in committing it with intent to promote the offense; the accomplice is liable for the crime and foreseeable crimes.

An out-of-court statement offered to prove the truth of the matter asserted; it is generally inadmissible unless a recognized exception or exclusion applies.

A hearsay exception for a statement about a startling event made while the speaker was under the stress of that event, which reduces the risk of fabrication.

Evidence of a person's traits or past acts offered to show conduct in conformity with them; generally barred in civil cases and in the prosecution's case-in-chief, with exceptions such as impeachment.

Requirement that a party prove the contents of a writing, recording, or photograph by producing the original, unless an exception such as loss or unavailability applies.

The largest estate in land, potentially lasting forever, freely transferable and inheritable, and not subject to a condition that could cut it short.

Acquiring title by actually, openly, exclusively, and continuously possessing another's land for the statutory period, usually under a hostility standard the state selects.

A nonpossessory right to use another's land that benefits a neighboring parcel, called the dominant estate, and that runs with both parcels when they are transferred.

Rule voiding interests that might vest later than 21 years after a life in being at creation; modern reforms replace it with wait-and-see or fixed 90-year periods.

An inference of negligence allowed when an accident ordinarily would not happen without negligence, the instrumentality was under the defendant's exclusive control, and the plaintiff did not contribute.

A limit on liability requiring a close enough causal connection between breach and harm, often framed as foreseeability of the injury or the class of persons at risk.

A system reducing a plaintiff's recovery by the plaintiff's share of fault; pure versions allow recovery despite greater fault, while modified versions bar recovery above a set percentage.

Ignoring the corporate entity to hold shareholders personally liable, usually where the corporation is used as a mere instrumentality and honoring the separate entity would work injustice or fraud.

A presumption shielding directors from liability for business decisions made in good faith, on an informed basis, and in the honest belief that the action serves the corporation.

An agent's power to bind a principal when the principal's manifestations lead a third party reasonably to believe the agent has authority, even if actual authority is lacking.

The process a court uses to select which state's or country's law governs an issue, weighing factors such as where the conduct occurred, the parties' expectations, and governmental interests.

A person's permanent legal home, established by physical presence plus intent to remain indefinitely; it persists until a new domicile is acquired and controls many personal-law questions.

Constitutional command that states honor the public acts, records, and judicial proceedings of sister states, generally requiring recognition of valid final judgments.

A divorce court's division of marital property based on fairness factors such as marriage length, each spouse's contributions, and economic circumstances, rather than on title alone.

The governing standard in custody and related decisions, weighing factors such as each parent's caregiving, stability, the child's needs, and sometimes the child's stated preference.

A contract made before marriage setting property and support rights upon divorce or death; it is enforceable if in writing, voluntary, and free of fraud or unconscionability.

The statutory scheme distributing a decedent's property when no valid will exists, generally prioritizing the surviving spouse, descendants, parents, and then more remote relatives.

A method of dividing an estate by family branches, so that a deceased beneficiary's share passes to that person's own descendants rather than to surviving siblings.

A trust provision barring a beneficiary from assigning future distributions and shielding those distributions from most creditors until they are actually paid out.