NJ Bar key terms

A court's power over a particular defendant, measured by contacts with the forum, fair play, and proper notice. Without it, a judgment is void and unenforceable in other states.

The purposeful connection between a defendant and the forum state that makes exercising jurisdiction fair. Isolated contacts generally do not suffice; systematic and continuous activity supports general jurisdiction.

Jurisdiction over a claim that arises out of or relates to the defendant's purposeful contacts with the forum. Fairness factors such as burden and state interest are then weighed.

Jurisdiction over any claim against a defendant whose affiliations with the forum are so continuous and systematic as to render it essentially at home there, typically its place of incorporation or principal place of business.

The proper geographic location within a court system for filing suit, usually where a defendant resides or where events giving rise to the claim occurred. It is distinct from jurisdiction and can be waived.

A discretionary dismissal doctrine letting a court decline a case when another forum is substantially more convenient and the plaintiff has an adequate alternative remedy. Usually requires a strong showing of inconvenience.

The rule that a federal court sitting in diversity applies state substantive law but federal procedural rules. Courts decide whether a state rule is substantive by outcome determination, forum shopping, and inequitable administration concerns.

Federal subject-matter jurisdiction over civil actions between citizens of different states (or citizens and aliens) where the amount in controversy exceeds $75,000. Complete diversity must exist when the complaint is filed.

Federal jurisdiction over claims arising under the Constitution, treaties, or laws of the United States, as shown on the face of a well-pleaded complaint. It does not require a minimum amount.

Federal jurisdiction over additional claims that are part of the same case or controversy as a claim with original jurisdiction. In diversity cases, it cannot extend to claims by plaintiffs against nondiverse parties.

A defendant's procedure for transferring a case from state to federal court within 30 days of service, available only if the federal court would have had original jurisdiction. In-state defendants generally cannot remove.

Claim preclusion: a final judgment on the merits bars a later suit between the same parties on the same claim, including claims that could have been raised. Requires identity of parties and claim.

Issue preclusion: a fact or issue actually litigated and necessarily decided in a prior case cannot be relitigated against a party who had a full and fair opportunity to contest it.

Judgment entered without trial when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law. Courts view evidence in the light most favorable to the nonmovant.

Judgment entered when the opposing party has been fully heard and no reasonable jury could find in its favor on an issue. A renewed motion after an adverse verdict is commonly called judgment notwithstanding the verdict.

The mutual assent forming a contract: a definite proposal granting power to accept, and an unequivocal assent to its terms. Acceptance must mirror the offer unless the offer invites otherwise.

A bargained-for exchange of legal detriment or benefit that makes a promise enforceable. Past acts, moral obligations, and illusory promises generally do not qualify.

Enforcement of a promise without consideration when the promisor reasonably expected reliance, the promisee actually relied, and injustice can be avoided only by enforcement. Recovery is often limited to reliance damages.

A writing requirement for certain contracts, including those involving land, suretyship, marriage consideration, and goods over $500. Must be signed by the party to be charged and state essential terms.

A rule barring admission of prior or contemporaneous oral statements to contradict a fully integrated written agreement. It does not exclude evidence of fraud, mistake, or subsequent modifications.

The body of law governing sales of goods, applying to merchants and nonmerchants alike. It relaxes common-law rules on acceptance, modification, and the statute of frauds.

Under UCC Article 2, a seller must deliver goods exactly as contracted; any nonconformity lets the buyer reject the whole shipment, subject to cure and installment exceptions.

A clear statement or act before performance is due indicating a party will not perform. The nonbreaching party may treat it as breach immediately or wait for performance.

Excuse from performance when an unforeseen event makes performance commercially impracticable without fault of the party. Mere increased cost or hardship is usually insufficient.

Excuse when an unforeseen event destroys the principal purpose of the contract, so performance has no value to the party seeking relief. Both parties must have assumed the purpose would continue.

A failure to perform that is substantial enough to excuse the other party's remaining duties and permit damages. Minor breaches allow continued performance but still support damages.

Contract damages putting the injured party in the position it would have occupied had the contract been performed. They are limited by foreseeability, certainty, and mitigation.

Damages reimbursing expenses incurred in reliance on a contract or promise, restoring the injured party to its precontract position. Often used when expectation damages are too speculative.

The duty of an injured party to take reasonable steps to avoid or reduce losses after breach. Damages are reduced by amounts that could have been avoided with reasonable effort.

The obligation to act as a reasonable person would to avoid foreseeable harm to others. It is the baseline element of negligence, modified for professionals, children, and landowners.

Liability established by violating a statute designed to protect a class of persons from the type of harm that occurred. The statute replaces the ordinary standard of care.

The requirement that the defendant's breach be a legal cause of the harm, typically satisfied when the injury is a foreseeable result of the conduct. Unforeseeable intervening causes may break the chain.

An inference of negligence permitted when the injury would not ordinarily occur without carelessness, the instrumentality was under the defendant's exclusive control, and the plaintiff did not contribute.

Liability without proof of fault for abnormally dangerous activities and for defective products. The plaintiff must show injury and causation but need not show carelessness.

Liability of sellers for defective products causing harm, based on manufacturing defects, design defects, or inadequate warnings. Theories include negligence, strict liability, and implied warranty.

The standard of care landowners owe entrants, varying by the entrant's status as trespasser, licensee, or invitee. Many jurisdictions now apply a general reasonable-care standard.

A doctrine making landowners liable for harm to children drawn onto the property by a dangerous condition, when the landowner knew or should have known children were likely to trespass.