NH Bar flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Standing (Article III)

A federal plaintiff must show concrete, particularized injury, causation traceable to the defendant, and redressability. Each element is independently required and cannot be replaced by taxpayer status or generalized grievances.

Subject-matter jurisdiction waiver

Lack of subject-matter jurisdiction may be raised at any time, including on appeal, and cannot be cured by consent. Personal jurisdiction, by contrast, is waived if not raised in the first response.

Erie doctrine

A federal court sitting in diversity applies state substantive law and federal procedural rules. If a Federal Rule directly conflicts with state practice, the Rule governs unless it abridges a substantive right.

Summary judgment standard

Judgment is granted only when no genuine dispute of material fact exists and the movant is entitled to judgment as a law. The court views evidence in the light most favorable to the nonmovant.

Offer and acceptance

An offer must manifest present intent to be bound and be definite enough to enforce. Acceptance must mirror the offer at common law; under the UCC, a definite expression of acceptance operates as acceptance even with additional terms.

Firm offer (UCC)

A merchant's signed writing promising to hold an offer open is irrevocable without consideration for up to three months. Beyond that period, it becomes revocable unless supported by independent consideration.

Negligence elements

A plaintiff must prove duty, breach, actual cause, proximate cause, and damages. Comparative negligence reduces recovery proportionally, while contributory negligence in a retained jurisdiction is a complete defense.

Hearsay definition

An out-of-court statement offered to prove the truth of the matter asserted. If offered only to show the statement was made or its effect on the listener, it is not hearsay.

Reasonable doubt standard

The prosecution must prove every element of a crime beyond a reasonable doubt. The defendant need not present evidence and bears only production burdens for affirmative defenses such as self-defense.

Personal jurisdiction minimum contacts

A nonresident defendant is subject to jurisdiction where minimum contacts with the forum state exist and the exercise of jurisdiction comports with fair play and substantial justice under the due process clause.

Res judicata elements

A final judgment on the merits bars a later claim when the same parties or their privies litigate the same claim or cause of action. Claim preclusion requires identity of parties, subject matter, and cause.

Statute of limitations vs. repose

A statute of limitations bars remedy after a fixed period from accrual and is subject to tolling. A statute of repose runs from an event such as substantial completion and is not tolled by discovery.

Consideration

A bargained-for exchange of legal detriment or benefit. Past consideration, moral obligation, and the preexisting duty rule generally do not supply consideration unless an exception applies.

Promissory estoppel

A promise is enforceable without consideration if the promisor should reasonably expect reliance, actual reliance occurs, and injustice can be avoided only by enforcement. Recovery is typically limited to reliance damages.

Parol evidence rule

A fully integrated writing bars prior or contemporaneous oral agreements that contradict or supplement its terms. Evidence of fraud, mistake, or condition precedent remains admissible to challenge formation.

Duty of care

A duty is owed to foreseeable plaintiffs under the Cardozo approach, or to anyone injured by the defendant's conduct under the Andrews approach. No duty to rescue exists absent a special relationship or creation of peril.

Proximate cause

A cause that is a substantial factor in producing the harm and within the scope of foreseeable risk. Intervening negligent conduct may supersede causation if unforeseeable.

Strict products liability

A seller of a defective product is liable for harm caused by a defect in manufacture, design, or warnings without proof of negligence, provided the product was unreasonably dangerous and the defect caused injury.

Fourth Amendment search

A search occurs when the government intrudes on a reasonable expectation of privacy or physically trespasses on a constitutionally protected area. Warrantless searches require a recognized exception.

Exclusionary rule

Evidence obtained in violation of the Fourth Amendment is generally inadmissible. Exceptions include good faith, inevitable discovery, independent source, and attenuation.

Miranda warnings

Custodial interrogation requires warnings of the right to remain silent, that statements may be used, and the right to counsel. Invocation must be honored, and waiver must be knowing and voluntary.

Business records exception

A record of a regularly conducted activity is admissible if made at or near the time by someone with knowledge, kept in the ordinary course, and established by a qualified custodian.

Present sense impression

A statement describing or explaining an event made while or immediately after the declarant perceived it is admissible regardless of declarant availability. Timing and spontaneity are the key limits.

Best evidence rule

An original writing, recording, or photograph is required to prove its content. Secondary evidence is admissible only if the original is lost, destroyed, or unavailable through no fault of the proponent.

Attorney-client privilege

Confidential communications between a client and an attorney for legal advice are protected from disclosure. The protection is waived by voluntary disclosure and does not cover crime-fraud communications.

Burdens of proof

The burden of production requires a party to present evidence sufficient to avoid judgment as a matter of law. The burden of persuasion is the standard the factfinder applies, such as preponderance or clear and convincing.

Temporary restraining order

Ex parte relief of short duration, typically limited to ten days, granted where irreparable harm is imminent. A preliminary injunction requires notice, a hearing, and findings on likelihood of success and balance of harms.

Directed verdict / JMOL

Judgment as a matter of law is granted when no reasonable jury could find for the nonmovant on the evidence. A renewed motion after verdict requires a prior motion at the close of evidence.

Discovery scope (FRCP 26)

Parties may obtain discovery of any nonprivileged matter relevant to a claim or defense and proportional to the needs of the case, including inadmissible information reasonably calculated to lead to admissible evidence.

Voir dire challenges

Peremptory challenges remove jurors without cause but may not be used on the basis of race or gender under Batson. Challenges for cause require a showing of actual bias or inability to serve.

Contract remedies

Expectation damages place the nonbreaching party in the position performance would have produced. Reliance damages restore the position before contracting, and restitution prevents unjust enrichment.

UCC perfect tender rule

Under UCC 2-601, a buyer may reject goods if they fail in any respect to conform to the contract. The seller may cure within the contract time or, in some cases, beyond it.