NH Bar key terms

The requirement that a party have a concrete injury traceable to the defendant's conduct that a court decision could redress, before a court will hear the dispute.

The doctrine barring review of disputes that are too premature, because the harm is speculative or the issues are not yet fit for judicial decision.

The rule that a court will not decide a case once the controversy has ended, subject to exceptions such as voluntary cessation or issues capable of repetition yet evading review.

A court's power over a particular defendant, satisfied by domicile, consent, waiver, or minimum contacts with the forum consistent with fair play and substantial justice.

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

Federal jurisdiction over civil actions between citizens of different states (or foreign parties) where the amount in controversy exceeds $75,000, complete diversity being required.

Federal power to hear state claims joined to a claim within original jurisdiction when they arise from a common nucleus of operative fact, subject to statutory limits in diversity cases.

The proper geographic location for filing suit, generally where any defendant resides, where events occurred, or where a defendant is subject to personal jurisdiction if no other district fits.

A discretionary dismissal doctrine allowing a court to decline jurisdiction when another forum is substantially more convenient and the plaintiff can refile there.

The rule that federal courts sitting in diversity apply state substantive law but federal procedural rules, as refined by outcome-determination and forum-shopping concerns.

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 obligation to persuade the factfinder to a required degree, such as preponderance of the evidence in civil cases or beyond a reasonable doubt in criminal cases.

Claim preclusion: a final judgment on the merits bars parties from relitigating the same claim, including issues that were or could have been raised.

Issue preclusion: a matter actually litigated and decided in a prior case cannot be relitigated by the same parties or their privies when its resolution was necessary to the judgment.

A lawyer's ethical obligation to provide representation with the legal knowledge, skill, thoroughness, and preparation reasonably necessary, including keeping abreast of changes in the law.

The professional obligation, broader than attorney-client privilege, not to reveal information relating to representation without informed consent, subject to limited exceptions.

An evidentiary rule protecting confidential communications between client and lawyer made to obtain legal advice from compelled disclosure, waivable and subject to exceptions like crime-fraud.

A situation where a lawyer's duties to one client are or may be materially limited by duties to another client, a former client, a third party, or the lawyer's own interests.

The heightened obligation of loyalty and care owed by a lawyer to a client, requiring the lawyer to act in the client's interest and account for client funds and property.

Temporary admission of an out-of-state lawyer to appear in a particular case, typically requiring local counsel and a motion to the court.

Failure to exercise the care a reasonable person would use under the circumstances, breaching a duty and causing actual harm to the plaintiff.

The legal link between breach and harm, requiring that the injury be a foreseeable result of the conduct rather than a remote or extraordinary consequence.

An inference of negligence permitted when the injury would not ordinarily occur absent negligence, the instrumentality was under the defendant's exclusive control, and the plaintiff did not contribute.

Liability imposed without proof of fault for abnormally dangerous activities and for defective products, limited to harm caused by the risk that makes the activity or product hazardous.

A bargained-for exchange of legal detriment or benefit that makes a promise enforceable, distinguishing a contract from a gratuitous promise.

A doctrine enforcing a promise without consideration when the promisor reasonably expected reliance, reliance occurred, and injustice can be avoided only by enforcement.

A rule requiring certain agreements, such as those involving land or contracts not performable within one year, to be evidenced by a writing signed by the party to be charged.

The model statute governing transactions in goods, supplying default rules on formation, performance, risk of loss, and remedies for buyers and sellers.

The constitutional provision protecting against unreasonable searches and seizures, requiring warrants supported by probable cause and reasonable suspicion for stops.

A reasonable belief, based on articulable facts, that a crime has been or is being committed or that evidence will be found in a particular place.

The remedy suppressing evidence obtained in violation of constitutional rights, subject to exceptions including inevitable discovery, independent source, and good faith.

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

The constitutional right to a speedy and public trial, an impartial jury, notice of charges, confrontation of witnesses, and effective assistance of counsel.

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

The Sixth Amendment right of a criminal defendant to confront adverse witnesses, restricting admission of testimonial hearsay when the declarant is unavailable and was not cross-examined.

The deference an appellate court gives a lower court's ruling, ranging from de novo for legal questions to clear error for facts and abuse of discretion for discretionary matters.

A pretrial request asking the court to exclude or admit specified evidence, often to prevent the jury from hearing prejudicial material before its admissibility is resolved.