NJ Bar flashcards

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

Complete diversity rule

Federal diversity jurisdiction requires that no plaintiff share state citizenship with any defendant; minimal diversity is insufficient. Citizenship is determined at filing, and corporations are citizens of incorporation and principal place of business.

Erie doctrine

In diversity cases, federal courts apply state substantive law and federal procedural law. If a federal rule directly conflicts, it governs; otherwise courts balance forum shopping and inequitable administration concerns.

Mailbox rule

An acceptance is effective upon dispatch, not receipt, unless the offer is an option contract or the offer states otherwise. A rejection sent before acceptance can terminate the power if received first.

UCC 2-207 battle of forms

A definite expression of acceptance creates a contract even with additional terms. Between merchants, additional terms become part of the contract unless materially altering, objected to, or already refused.

Statute of Frauds categories

Writing required for marriage, year, land, executor, surety, and goods over $500. The one-year clause applies only if performance cannot possibly finish within one year of formation.

Negligence per se

A statute violation substitutes for breach when the plaintiff is within the class the statute protects and the harm is the type the statute prevents. Excused if compliance is impossible or more dangerous.

Adverse possession elements

Possession must be actual, exclusive, open and notorious, continuous for the statutory period, and hostile. Tacking successive possessors is allowed if privity exists; color of title may shorten the period.

Recording act types

Race acts protect the first to record. Notice acts protect a subsequent purchaser without notice. Race-notice acts protect a subsequent purchaser without notice who records first. Shelter rule protects transferees from a protected purchaser.

Miranda trigger

Custody plus interrogation by police triggers warnings. Custody is judged by whether a reasonable person would feel free to leave; interrogation includes words or actions reasonably likely to elicit incriminating responses.

Hearsay exemptions

Party admissions, prior consistent statements, prior inconsistent statements under oath, and present sense impressions are defined as non-hearsay. They require no unavailability and no independent exception.

Crawford confrontation rule

Testimonial hearsay is inadmissible unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine. Statements to police during emergencies are typically nontestimonial.

Apparent authority

A principal is bound when a third party reasonably relies on manifestations by the principal, not the agent alone. Undisclosed limitations do not defeat apparent authority created by the principal's conduct.

Veil piercing

Courts disregard the corporate form for alter ego abuse, undercapitalization, or commingling. Creditors must usually show injustice; mere failure to observe formalities alone is often insufficient.

Partnership liability

Partners are jointly and severally liable for partnership obligations incurred in the ordinary course. A limited partner is liable only to the extent of contributions unless participating in control.

Prenuptial agreement enforceability

Enforceable if in writing, voluntarily executed with full disclosure of assets, and not unconscionable at enforcement. Many states require independent counsel or a waiver of it.

Holographic will validity

A will written entirely in the testator's handwriting and signed by the testator, without witnesses, is valid in many states. Typed or preprinted portions generally invalidate the holographic character.

Anti-lapse statute

If a beneficiary predeceases the testator and is a descendant of the testator, the gift passes to that beneficiary's issue unless the will states otherwise. It does not apply to non-relatives.

Express trust elements

Requires a settlor with capacity and intent, trust property, ascertainable beneficiaries, and a valid purpose. Failure of any element may create a resulting trust for the settlor or successors.

Spendthrift clause

Bars beneficiaries from voluntarily assigning trust interests and bars creditors from reaching them before distribution. It does not shield distributions already made or self-settled trusts in most states.

PMSI in consumer goods

A purchase-money security interest in consumer goods is perfected automatically upon attachment with no filing. It retains priority over a conflicting blanket lien if the statutory conditions are met.

Domicile test

Domicile requires physical presence plus intent to remain indefinitely. A person retains an existing domicile until acquiring a new one; mere residence without intent does not change domicile.

Cy pres doctrine

When a charitable trust's specific purpose becomes impossible or impracticable, a court may redirect the trust to a similar charitable purpose consistent with the settlor's general intent.

Full faith and credit

States must recognize sister-state judgments if the rendering court had jurisdiction over the person and subject matter. Penal judgments and judgments lacking jurisdiction are not enforced.

MPT closed universe

The MPT supplies all controlling law in the Library; outside doctrine does not apply. Candidates must apply the provided authorities, even when they depart from real-world rules.

Task memo priority

Read the task memo first to identify the deliverable, audience, and tone. It dictates format and length; the File supplies facts and the Library supplies governing law.

Objective memorandum tone

Objective memos analyze both sides neutrally, acknowledge unfavorable facts, and avoid advocacy. Conclusions should be qualified where the law or facts are uncertain.

Persuasive brief structure

Persuasive documents adopt a single favorable theory, marshal facts and authorities to support it, and rebut counterarguments. Tone is advocacy, but citations must remain accurate to the Library.

MPT time allocation

Allocate roughly 15 minutes to read and outline, 60 to draft, and 15 to proofread. Each of the two tasks is separately timed at 90 minutes and scored independently.

Element-based headings

Organize the deliverable with headings that track each element drawn from the Library authorities. This signals rule application and helps graders award partial credit for analysis.

Handling missing facts

Do not invent facts absent from the File. Note the gap, state what additional information is needed, and explain how the analysis would change under each plausible scenario.

Client letter format

A client letter translates legal analysis into plain language, states the question, gives a direct answer, explains risks, and recommends next steps. It avoids heavy citation and legal jargon.