NY Bar key terms

A court's power to bind a particular defendant to its judgment, requiring minimum contacts with the forum, fair play, and a proper basis such as residence, consent, or service within the state.

The due process test asking whether a defendant purposefully availed itself of the forum's benefits so that suit there is fair; the claim must arise from or relate to those contacts for specific jurisdiction.

A state law listing acts, such as transacting business or committing a tort in the state, that authorize courts to exercise jurisdiction over nonresidents, subject to constitutional due process limits.

A court's authority over the type of dispute presented; it cannot be waived or conferred by consent and may be raised at any time, including by the court itself.

Federal jurisdiction over civil actions between citizens of different states (or citizens and aliens) where the amount in controversy exceeds $75,000, requiring complete diversity on both sides of the dispute.

A federal court's discretion to hear state-law claims that form part of the same case or controversy as a claim within its original jurisdiction, subject to limits protecting plaintiffs in diversity cases.

A defendant's right to transfer a case from state to federal court when the federal court would have had original jurisdiction, subject to the in-state defendant rule and a one-year limit for diversity cases.

The proper geographic location for a lawsuit within a court system, generally where a defendant resides, where events occurred, or where property is located if no other district fits.

The rule that federal courts sitting in diversity apply state substantive law but may use federal procedure, unless the federal rule is valid and directly conflicts with state practice.

The written statements of claims and defenses that frame the issues; federal notice pleading requires a short plain statement showing entitlement to relief and plausible supporting facts.

A pretrial request to end a case, commonly because the complaint fails to state a claim, the court lacks jurisdiction, or service was improper; failure to state a claim tests legal sufficiency.

A ruling entered without trial when the record shows no genuine dispute of material fact and the movant is entitled to judgment as a matter of law, based on pleadings, affidavits, and discovery.

A post-evidence motion asking the court to rule for one party because no reasonable jury could find for the other on the record presented; timing differs between federal and state practice.

A suit brought by representative plaintiffs on behalf of a defined group, requiring numerosity, commonality, typicality, adequacy, and, for damages classes, predominance and superiority.

Claim preclusion: a final judgment on the merits bars a later suit between the same parties or their privies on the same claim, including claims that could have been raised.

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.

The two core elements of contract formation: a manifestation of willingness to be bound on stated terms, and an unqualified assent to those terms communicated to the offeror.

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.

A doctrine enforcing a promise without consideration when the promisor reasonably expected reliance, the promisee actually and foreseeably relied, and injustice can be avoided only by enforcement.

A writing requirement for certain contracts, such as land sales, suretyship, marriage-related promises, and transactions not performable within one year, satisfied by a signed note of material terms.

A rule barring admission of prior or contemporaneous oral statements to contradict or vary a fully integrated written agreement, though such evidence may explain ambiguity or show defenses to formation.

A warranty automatically included in sales by merchants that goods are fit for their ordinary purpose, properly packaged, and adequately labeled; parties may disclaim it only by conspicuous language.

The UCC rule allowing a buyer to reject goods that fail in any respect to conform to the contract, unless the seller cures the defect within the time allowed or the parties agreed otherwise.

A party's clear statement or action indicating it will not perform before performance is due, letting the other party treat the contract as breached and sue immediately or await performance.

Conduct falling below the standard of a reasonable person that causes harm, established by showing duty, breach, actual and proximate causation, and damages.

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

The requirement that a defendant's breach be a legal cause of harm within the scope of foreseeable risks; unforeseeable intervening causes may break the chain of liability.

A scheme reducing a plaintiff's recovery in proportion to fault; pure versions allow recovery despite greater fault, while modified versions bar recovery at or above a set threshold.

Liability without proof of fault for abnormally dangerous activities and for defective products, requiring only that the activity or defect caused the plaintiff's harm.

Liability of sellers for harm caused by defective products, based on manufacturing defects, design defects judged by risk-utility or consumer expectations, or failure to warn.

Wrongs requiring intent to act and intent or knowledge of harmful or offensive contact, such as battery, assault, false imprisonment, trespass, and intentional infliction of emotional distress.

A false statement of fact published to a third party that harms reputation; public figures must prove actual malice, and constitutional limits apply to punitive damages and presumed harm.

A rule limiting self-defense by requiring a person to retreat before using deadly force where safely possible; many jurisdictions reject it in the home under the castle doctrine.

The mental state required for an offense (mens rea), ranging from purposeful and knowing conduct to reckless or negligent conduct, which must coincide with the prohibited act.

An incomplete crime requiring intent to commit the target offense and a substantial step beyond mere preparation, often punished less severely than the completed offense.

Culpability of a person who aids, abets, or encourages a crime with intent to facilitate it; the accomplice is liable for the crime and foreseeable crimes committed in its course.

A defense excusing criminal responsibility where mental disease or defect prevented the defendant from knowing the wrongfulness of the act or from conforming conduct to law, depending on the test.

Government conduct intruding on a reasonable expectation of privacy or physically trespassing on a constitutionally protected area, generally requiring a warrant supported by probable cause.

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

Advice required before custodial interrogation that a suspect may remain silent, that statements may be used against them, and that counsel will be appointed if desired.

Facts and circumstances that would lead a reasonable person to believe a crime has been or is being committed or that evidence will be found in a particular place.

The MEE skill of reading a fact pattern and identifying every legal doctrine the facts implicate, then ranking which issues the call of the question actually asks you to discuss.

An answer format moving from issue identification to a stated rule, application of facts to that rule, and a conclusion, which graders use to find each element of analysis quickly.

A concise, accurate statement of the governing legal standard, including elements and exceptions, drawn from majority rules and used as the anchor for applying facts.

A short discussion of the strongest opposing position and why the facts favor your conclusion, demonstrating the balanced analysis essay graders reward.

The MPT skill of reading the client file and library to extract legally significant facts, identify the client's objective, and locate the authorities that control the assigned task.

The MPT skill of reading provided statutes and cases, distinguishing holdings from dicta, and synthesizing a rule that fits the facts in the file.

A predictive document analyzing law and facts for an internal reader, typically organized by issue with balanced discussion of favorable and unfavorable authority rather than advocacy.

An advocacy document written for a court or adversary that states a position, marshals favorable facts and authority, and addresses counterarguments to convince the reader.

A plain-language MPT task translating legal analysis into advice a nonlawyer can understand, stating the conclusion, explaining risks, and recommending next steps.

The MPT and MEE skill of budgeting minutes across reading, outlining, and writing so each task receives a complete answer rather than an unfinished draft.