NV Bar flashcards
NV Bar · Build recall with a focused review session.
32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Nevada community property presumption
- Property acquired during marriage in Nevada is presumed community; the party claiming separate status must prove it by clear and convincing evidence, often through tracing.
- Nevada prior appropriation water right
- Nevada water rights are obtained by beneficial use under permit, with priority by first-in-time; riparian rights are not the governing doctrine.
- Nevada gaming license suitability
- Gaming licenses require findings of good character, financial stability, and suitability; license status is a threshold issue in related civil and administrative matters.
- Essay IRAC structure
- Issue, Rule (Nevada authority first), Application element-by-element, Conclusion; each call question needs its own analysis to earn credit.
- Performance test closed universe
- The Nevada performance test supplies all governing law in the library and all facts in the file; outside authority may not be cited or relied upon.
- Task memo first
- The performance test task memo defines the document type, audience, and purpose; read it before the library and file to focus fact collection.
- Cite facts to file
- Performance test answers must cite facts to specific file documents and rules to library authorities; unsupported assertions receive reduced credit.
- Objective versus persuasive tone
- Objective memos assess both sides and likely outcome; persuasive briefs advocate but must never misstate facts or authority in the file.
- Organize by rule elements
- Structure performance test documents around the elements of the controlling library rule, not the order facts appear in the file.
- Supervised Practice Program purpose
- Nevada's SPP lets eligible graduates practice under attorney supervision before full licensure, governed by Supreme Court rule and State Bar administration.
- Supervisor qualifications
- A supervising attorney must be licensed and in good standing in Nevada and must accept responsibility for the supervised attorney's work.
- Written supervision plan
- SPP participants typically submit a plan defining practice areas, supervision methods, and reporting; changes require State Bar approval.
- Disclose supervised status
- Supervised attorneys must identify their status to clients and courts where required and may not practice outside the approved scope.
- Supervision does not relax ethics
- Confidentiality, conflicts, and trust-accounting duties apply fully to supervised attorneys; supervision does not lessen Rules of Professional Conduct obligations.
- SPP record-keeping
- Supervised matters and supervisor sign-offs must be documented; incomplete records can delay licensure or terminate program eligibility.
- MPRE format
- The MPRE is 60 multiple-choice questions in two hours; 50 are scored and 10 are unscored pretest items on professional responsibility.
- Concurrent conflict consent
- A concurrent conflict may be waived by informed consent confirmed in writing if the lawyer reasonably believes competent representation is possible.
- Former client conflict
- A lawyer may not represent a new client adversely to a former client in a substantially related matter without informed consent, confirmed in writing.
- Confidentiality versus privilege
- Model Rule 1.6 confidentiality is broader than attorney-client privilege; it covers all information relating to representation, not just communications.
- Permitted disclosure to prevent harm
- A lawyer may reveal information to prevent reasonably certain death or substantial bodily harm, and in limited cases to prevent or rectify financial harm.
- Prohibited contingent fees
- Contingent fees are prohibited in criminal matters and in domestic-relations matters where the fee depends on securing a divorce or obtaining custody or support.
- Trust account commingling
- Client funds must be held in trust separate from the lawyer's funds; commingling is prohibited, and negligent misappropriation can lead to discipline.
- Candor to tribunal
- Rule 3.3 requires disclosure of adverse legal authority and correction of false statements; it can override confidentiality in ex parte proceedings.
- Direct solicitation prohibition
- In-person or live solicitation of prospective clients for gain is generally prohibited, with exceptions for family, close friends, and former clients.
- Judicial appearance of impropriety
- Judges must avoid impropriety and its appearance, recuse when impartiality is reasonably questioned, and follow campaign-finance and reporting rules.
- Nevada bar admission MPRE requirement
- Nevada requires applicants to pass the MPRE as part of admission; the score must meet the cutoff set by the State Bar and Supreme Court.
- Fee reasonableness factors
- Model Rule 1.5 factors include time and labor, novelty, skill required, customary fees, results obtained, time limits, and experience of the lawyer.
- Advance fee trust handling
- Advance fees are client funds until earned; unearned portions must be held in trust and refunded, while earned fees may be transferred to operating.
- Imputation and screening
- A conflict is generally imputed to the firm; screening may cure imputation for former-client and government-lawyer conflicts under Model Rules.
- Nevada performance test time budget
- Outline before drafting and reserve minutes to proofread; completing all requested sections earns more than polishing a single section.
- Nevada separate property transmutation
- Separate property can become community only by clear agreement or joint titling showing intent to transmute; tracing preserves separate character.
- SPP time limit and bar tie
- SPP eligibility is time-limited and tied to bar admission; failure to pass the bar or comply with reporting can end eligibility.