General Law (Unverified Scope)
This domain covers the cross-cutting general-law reasoning that the New Hampshire Bar Examination may test when a question does not fit cleanly within one codified subject. The source outline is silent on its precise scope, so the reliable approach is to master doctrines that recur across torts, contracts, property, evidence, and procedure, and to confirm any New Hampshire-specific variation before relying on it in an answer.
Core rules and concepts
- Stare decisis. A holding binds later cases with materially identical facts within the same court hierarchy; dicta is persuasive at most. Precedent from a coordinate court is not binding; only a higher court in the same hierarchy binds. Always separate the court's holding from its reasoning before citing.
- Burdens. Pleading, production, and persuasion are distinct. The plaintiff normally carries the persuasion burden. The standard is preponderance of the evidence in ordinary civil cases, clear and convincing evidence for heightened civil claims, and beyond a reasonable doubt in criminal cases.
- Jurisdiction. Subject-matter jurisdiction cannot be waived or conferred by consent. Personal jurisdiction can be waived by voluntary appearance or by contract.
- Statutory construction. Begin with plain meaning, then examine structure, then purpose. Reject readings that render statutory language surplusage.
Worked example
A plaintiff sues under a statute that is silent about private remedies. First ask whether the text expressly creates a right of action. If it does not, examine legislative intent and whether an implied remedy fits the statutory scheme. This step order matters because a court will not imply a remedy when the legislature supplied an exclusive enforcement mechanism. The persuasion burden remains preponderance. If the text is plain, do not use purpose to override it. Conclusion: no private claim unless intent is clear.
Traps
- Treating dicta as binding holding.
- Confusing clear-and-convincing evidence with preponderance.
- Assuming federal procedural rules govern in New Hampshire state court.
- Overlooking that personal jurisdiction, but not subject-matter jurisdiction, can be waived.
- Using legislative purpose to defeat unambiguous text.