NM Bar key terms

A court's power over a party, requiring minimum contacts with the forum state such that exercising jurisdiction comports with fair play and substantial justice.

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

Federal courts sitting in diversity apply state substantive law and federal procedural law, as required by the Rules of Decision Act and the Rules Enabling Act.

A pretrial motion granted when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law.

A justiciability requirement that a plaintiff have suffered a concrete injury fairly traceable to the defendant and redressable by a favorable court decision.

The Fourteenth Amendment's requirement that constitutional rights be violated by government conduct, not merely private conduct, before a claim arises.

A doctrine barring state laws that discriminate against or unduly burden interstate commerce, even absent federal legislation, subject to exceptions like market-participant and police-power balancing.

A bargained-for exchange of legal value, such as a promise or performance, that makes an agreement enforceable as a contract.

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

A rule requiring certain contracts, such as those for land or over one year, to be evidenced by a writing signed by the party to be charged.

A rule barring admission of prior or contemporaneous oral or written statements to contradict or vary a fully integrated written agreement.

The mental state element of a crime, such as purpose, knowledge, recklessness, or negligence, that must accompany the prohibited act.

A remedy suppressing evidence obtained through unconstitutional government action, subject to exceptions such as good faith, inevitable discovery, and attenuation.

Requirement that police inform a suspect in custody before interrogation of the rights to remain silent and to counsel, and that statements be waived knowingly.

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 unless the declarant is unavailable and was previously cross-examined.

A rule voiding future interests that may vest more than 21 years after a life in being at creation, measured by certainty of vesting.

A doctrine transferring title to a trespasser who possesses land openly, notoriously, exclusively, continuously, and hostilely for the statutory period.

An easement acquired by open, notorious, continuous, and adverse use of another's land for the statutory period, similar to adverse possession.

A doctrine treating a statute violation as breach of duty when the plaintiff is in the protected class and the harm is the type the statute aims to prevent.

A doctrine permitting an inference of negligence when the accident is of a kind ordinarily not occurring without negligence and was caused by an instrumentality in the defendant's control.

Liability of a seller for harm caused by a defective product, without proof of negligence, where the defect existed at sale and made the product unreasonably dangerous.

A system reducing a plaintiff's recovery in proportion to the plaintiff's own fault, with some jurisdictions barring recovery if fault exceeds a threshold.

A director's or officer's obligation to act in the corporation's best interest, avoiding self-dealing and usurpation of corporate opportunities.

A remedy disregarding limited liability when the entity is used to perpetuate fraud, injustice, or such disregard of formalities that it is an alter ego.

A conflict-of-laws doctrine in which a forum applies another state's law, including that state's choice-of-law rules, potentially referring back to the forum.

A contract provision designating the governing law for disputes; it is generally enforced unless contrary to a fundamental policy of the forum.

A divorce property division method distributing marital property fairly rather than equally, considering factors such as marriage duration and contributions.

The custody standard focusing on the child's welfare, considering factors like stability, parental fitness, and the child's preferences.

The moment a security interest becomes enforceable against the debtor, typically when value is given, the debtor has rights in the collateral, and a security agreement exists.

A security interest securing value given to acquire collateral or to enable a debtor to acquire rights in it, often enjoying priority over conflicting interests.

A method of perfecting a security interest by filing a financing statement with the designated state office, giving public notice of the interest.

A trust provision preventing a beneficiary from voluntarily or involuntarily transferring the right to future distributions, shielding the interest from creditors.

The statutory scheme distributing a decedent's property when no valid will exists, typically prioritizing spouse, descendants, and other relatives.

The mental ability to make a will, requiring the testator to know the nature of the property, the natural objects of bounty, and the plan of disposition.

An MPT task format in which all facts and legal authorities needed are supplied in the materials, and outside research is neither required nor permitted.

A predictive legal writing task analyzing authorities and applying them to facts to advise a supervising attorney on likely outcomes.

An advocacy document arguing a position to a court, using facts and authorities to support a requested result in a hypothetical matter.

A letter translating legal analysis into plain language, advising a client on rights, risks, and recommended next steps.

The MPT skill of analogizing and distinguishing provided authorities against the file facts to reach a reasoned conclusion.