NM Bar flashcards

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

Removal deadline

A defendant must file notice of removal within 30 days after service of the initial pleading, and diversity removal is barred if a properly joined defendant is a citizen of the forum state.

Strict scrutiny test

Applies to suspect classifications and fundamental rights; the government must prove its action is necessary to achieve a compelling interest and is narrowly tailored.

UCC 2-207 additional terms

Additional or different terms in an acceptance are proposals; between merchants they become part of the contract unless they materially alter it, the offer limits acceptance, or objection is made.

Felony murder liability

A death caused during an inherently dangerous felony; agency jurisdictions require the killing by a felon or accomplice, while proximate-cause jurisdictions also reach foreseeable deaths caused by third parties.

Hearsay definition

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

Race-notice recording act

A later purchaser prevails over a prior unrecorded interest only if it takes for value without notice and records first.

Res ipsa loquitur elements

Injury of a kind that ordinarily does not occur without negligence, caused by an instrumentality within the defendant's exclusive control, and not attributable to the plaintiff's own conduct.

Character evidence in civil cases

Evidence of a person's character is not admissible to prove conduct in civil litigation; habit evidence, however, is admissible to prove specific conduct on a particular occasion.

Sixth Amendment counsel attachment

The right to counsel attaches at formal charging by indictment, information, or arraignment, and applies at every critical stage after attachment.

Batson challenge

A party may not exercise peremptory strikes based on race, ethnicity, or gender; the opponent must show a prima facie pattern, then the proponent must give a neutral reason.

Miranda custody test

Custody exists when a reasonable person would not feel free to leave; interrogation includes words or actions reasonably likely to elicit an incriminating response.

Statute of Frauds categories

Surety, marriage, land, executor, one year, and goods of $500 or more; a writing signed by the party to be charged is required for enforcement.

Intended third-party beneficiary

A beneficiary may enforce the contract if the contracting parties intended to benefit it and its right has vested; incidental beneficiaries cannot enforce the agreement.

Easement by prescription

An easement arising from adverse, open, notorious, and continuous use of another's land for the statutory period, without the owner's permission.

Duty to known trespasser

A landowner owes reasonable care to known or anticipated trespassers for artificial conditions and must warn of concealed dangerous conditions, but owes no duty to undiscovered trespassers.

Products liability strictness

A seller is strictly liable for a manufacturing defect; design and warning claims typically require a risk-utility or consumer-expectation showing, and comparative fault may reduce damages.

Business judgment rule

Directors are shielded from liability for good-faith decisions made with reasonable care and loyalty; the plaintiff must rebut the presumption of informed decision-making.

Self-dealing director transaction

A conflicted director's transaction is valid if approved by disinterested directors or shareholders, or if it is fair to the corporation at the time.

Most significant relationship test

The Restatement conflicts approach applies the law of the state with the most significant relationship to the issue, weighing contacts such as domicile, place of conduct, and policy interests.

Premarital agreement enforcement

Enforceable if in writing and signed, entered voluntarily, with fair disclosure or a knowing waiver; courts may refuse enforcement for unconscionability or inadequate disclosure.

Security interest attachment

A security interest attaches when value is given, the debtor has rights in the collateral, and the parties authenticate a security agreement describing the collateral or the secured party takes possession.

Perfection by filing

A financing statement naming the debtor and describing the collateral perfects most security interests; it lapses after five years unless a continuation statement is filed.

Express trust elements

A settlor's intent to create a trust, an identifiable res, ascertainable beneficiaries, and a lawful purpose; failure of the express trust may produce a resulting trust for the settlor.

Intestate share of spouse

A surviving spouse takes the entire estate when the decedent leaves no issue, or a statutory share with the residue distributed to issue by representation.

Child custody best interests

Courts allocate custody based on the child's best interests, weighing stability, caretaking history, each parent's fitness, and the child's preferences where appropriate.

MPT closed file

Each task supplies a file of statutes, cases, and facts; candidates are expected to rely only on those materials and not on outside law.

Objective memorandum format

Question presented, brief answer, statement of facts, discussion applying file authorities to the facts, and conclusion; the tone is neutral and predictive rather than advocacy.

Persuasive brief structure

Statement of facts, issue-based point headings, argument citing file authorities and record facts, and a conclusion requesting specific relief for the client.

Client letter drafting

Plain-language explanation of legal conclusions, available options, risks, and recommended next steps, avoiding jargon and citing authority only when it aids understanding.

Task memo controls

The instruction memo specifies the document type, audience, and format; candidates must follow it exactly and produce the requested deliverable within 90 minutes.

Factual analysis in MPT

Reconcile conflicting file facts, flag gaps in the record, and apply each element of the governing rule to specific facts; unsupported conclusions lose points.

MPT time allocation

Each of the two tasks allows 90 minutes; files are read under time pressure and the graded product is the finished document, not an issue-spotting outline.