NH Bar cheat sheet

General Law - Core Doctrines and Decision Rules

• Standing requires injury-in-fact (concrete and particularized, actual or imminent), causation traceable to the defendant, and redressability by a favorable ruling; each element is separately tested.

• Subject-matter jurisdiction cannot be waived or conferred by consent; a court must dismiss sua sponte at any time it is found lacking, but personal jurisdiction is waivable if not timely raised.

• Erie doctrine: federal courts apply state substantive law (including state statutes of limitations and conflicts rules) and federal procedural law under the Rules Enabling Act, so long as the Federal Rule does not abridge a substantive right.

• Summary judgment under FRCP 56 lies only where no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law; the nonmovant receives all reasonable inferences.

• A contract requires offer, acceptance, consideration, and no valid defense; the mirror-image rule applies to common-law acceptance, while UCC 2-207 permits definite expression of acceptance with additional or different terms between merchants.

• Under the UCC, a merchant's firm offer is irrevocable without consideration if made in a signed writing and held open for no more than three months; an option contract requires consideration at common law.

• Negligence elements are duty, breach, actual cause, proximate cause, and damages; comparative fault is a damages-reduction doctrine, whereas contributory negligence (where retained) is a complete bar.

• Hearsay is an out-of-court statement offered to prove the truth of the matter asserted; prior inconsistent statements under oath and excited utterances are substantive nonhearsay or exceptions, not impeachment only.

• Criminal conviction requires proof beyond a reasonable doubt of each element; the prosecution bears the burden, and the defendant bears only production burdens for affirmative defenses such as self-defense.