OH AT Law study materials
OH AT Law study resources

OH AT Law key terms

OH AT Law · Get comfortable with the vocabulary.

Personal Jurisdiction

A court's authority over a particular defendant, requiring minimum contacts with the forum state plus fair play and substantial justice under the Due Process Clause.

Related: Long-Arm Statute, In Rem Jurisdiction
Subject Matter Jurisdiction

A court's power to hear the type of case before it, such as federal question or diversity jurisdiction; it cannot be waived and may be raised at any time.

Related: Diversity Jurisdiction, Federal Question Jurisdiction
Diversity Jurisdiction

Federal court authority over civil cases between citizens of different states where the amount in controversy exceeds $75,000, requiring complete diversity at filing.

Related: Subject Matter Jurisdiction, Supplemental Jurisdiction
Supplemental Jurisdiction

Federal court power to hear additional claims so closely related to a claim with original jurisdiction that they form part of the same case or controversy.

Related: Diversity Jurisdiction, Removal
Venue

The proper geographic location for filing suit, typically where any defendant resides or where a substantial part of the events occurred.

Related: Forum Non Conveniens, Removal
Forum Non Conveniens

A discretionary dismissal doctrine letting a court decline jurisdiction when another forum is substantially more convenient and the plaintiff has an adequate alternative remedy.

Related: Venue, Personal Jurisdiction
Long-Arm Statute

A state law authorizing courts to exercise jurisdiction over nonresident defendants who have specified contacts with the state, bounded by constitutional due process limits.

Related: Personal Jurisdiction, Minimum Contacts
Minimum Contacts

The purposeful dealings with a forum state that make jurisdiction fair, such as availing oneself of the privilege of conducting activities there and foreseeing being haled into court.

Related: Personal Jurisdiction, Long-Arm Statute
Removal

A defendant's procedure for transferring a civil action from state to federal court when the federal court would have had original jurisdiction over the claim.

Related: Supplemental Jurisdiction, Venue
Summary Judgment

A pretrial ruling for one party when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law.

Related: Burden of Production, Judgment as a Matter of Law
Res Judicata

Claim preclusion barring relitigation of the same claim between the same parties after a final judgment on the merits.

Related: Collateral Estoppel, Summary Judgment
Collateral Estoppel

Issue preclusion preventing a party from relitigating an issue actually litigated and necessarily decided in a prior case, where that party had a full and fair opportunity to be heard.

Related: Res Judicata
State Action Doctrine

The requirement that constitutional protections apply only to governmental conduct, not to purely private behavior, unless significant state involvement exists.

Related: Due Process, Equal Protection
Strict Scrutiny

The most demanding equal protection test, requiring a compelling government interest and narrow tailoring, applied to suspect classifications like race and fundamental rights.

Related: Intermediate Scrutiny, Equal Protection
Intermediate Scrutiny

A mid-level equal protection test requiring an important government interest and substantially related means, applied to sex-based classifications and certain other categories.

Related: Strict Scrutiny, Equal Protection
Rational Basis Review

The most deferential equal protection standard, upholding a classification if it is rationally related to a legitimate government interest and not arbitrary.

Related: Equal Protection, Due Process
Due Process

The Fifth and Fourteenth Amendment guarantee against deprivation of life, liberty, or property without fair procedure and substantive protection against arbitrary government action.

Related: Procedural Due Process, Taking
Procedural Due Process

The notice and opportunity to be heard required before the government deprives a person of a protected interest, with the required procedures balancing private and governmental interests.

Related: Due Process, State Action Doctrine
First Amendment Overbreadth

A doctrine allowing a party to challenge a law restricting speech as too broad if it sweeps in a substantial amount of constitutionally protected expression.

Related: Vagueness, Prior Restraint
Prior Restraint

A government licensing or injunction scheme that suppresses speech before publication, presumptively unconstitutional unless it includes narrow standards and prompt judicial review.

Related: First Amendment Overbreadth, Vagueness
Vagueness

A constitutional defect in a law that fails to give reasonable notice of what conduct it prohibits or invites arbitrary enforcement, violating due process.

Related: First Amendment Overbreadth, Due Process
Offer

A manifestation of present contractual intent that creates a power of acceptance in the offeree and is definite enough to be enforceable.

Related: Acceptance, Consideration
Acceptance

An offeree's manifestation of assent to an offer's terms, effective on dispatch under the mailbox rule unless the offer provides otherwise.

Related: Offer, Mirror Image Rule
Consideration

A bargained-for exchange of legal detriment or benefit that makes a promise enforceable, distinguishing contracts from gratuitous promises.

Related: Promissory Estoppel, Offer
Promissory Estoppel

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

Related: Consideration, Detrimental Reliance
Mirror Image Rule

The common law requirement that an acceptance match the offer's terms exactly, so a purported acceptance with different terms operates as a counteroffer.

Related: Acceptance, UCC 2-207
UCC 2-207

The Uniform Commercial Code provision that lets a definite expression of acceptance form a contract despite additional or different terms and governs how those terms enter the deal.

Related: Mirror Image Rule, Acceptance
Statute of Frauds

A writing requirement for enforceability of certain contracts, including land sales, suretyship, marriage consideration, and contracts not performable within one year.

Related: Parol Evidence Rule, Consideration
Parol Evidence Rule

A rule barring admission of prior or contemporaneous oral statements to contradict a fully integrated written agreement, while permitting evidence for interpretation or defenses.

Related: Statute of Frauds, Integration
Integration

The determination whether a writing is a final and complete expression of the parties' agreement, which controls whether parol evidence may supplement or contradict it.

Related: Parol Evidence Rule
Anticipatory Repudiation

A party's clear statement or conduct indicating it will not perform before the time due, allowing the nonbreaching party to treat the contract as breached and sue immediately.

Related: Material Breach, Specific Performance
Specific Performance

An equitable remedy ordering a breaching party to perform as promised, granted when legal damages are inadequate, typically for unique goods or land.

Related: Anticipatory Repudiation, Material Breach
Material Breach

A breach substantial enough to excuse the other party's performance and permit termination, judged by the extent of harm and likelihood of cure.

Related: Anticipatory Repudiation, Specific Performance
Mens Rea

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

Related: Actus Reus, Specific Intent
Actus Reus

The voluntary physical act or omission constituting the prohibited conduct of a crime, excluding mere thoughts or status.

Related: Mens Rea, Causation
Specific Intent

A heightened mental state requiring that the defendant act with a particular purpose beyond the act itself, such as intent to permanently deprive in larceny.

Related: Mens Rea, Attempt
Attempt

An inchoate offense requiring specific intent to commit a crime plus a substantial step beyond mere preparation toward completion.

Related: Specific Intent, Conspiracy
Conspiracy

An agreement between two or more persons to commit an unlawful act, often requiring an overt act, and continuing until the objective is accomplished or abandoned.

Related: Attempt, Accomplice Liability
Accomplice Liability

Criminal responsibility of one who aids, abets, or encourages a crime while intending to facilitate it, extending liability to foreseeable crimes committed by the principal.

Related: Conspiracy, Mens Rea
Causation

The link between a defendant's conduct and a prohibited result, requiring actual cause plus proximate cause without an unforeseeable superseding event.

Related: Actus Reus, Mens Rea
Exclusionary Rule

The doctrine suppressing evidence obtained in violation of constitutional rights at trial, subject to exceptions like good faith, inevitable discovery, and attenuation.

Related: Fruit of the Poisonous Tree, Fourth Amendment Search
Fruit of the Poisonous Tree

The rule that evidence derived from an unconstitutional search or seizure is also suppressed unless the connection to the illegality is sufficiently attenuated.

Related: Exclusionary Rule, Fourth Amendment Search
Fourth Amendment Search

Government conduct intruding on a reasonable expectation of privacy or physically trespassing on a constitutionally protected area, triggering warrant and reasonableness requirements.

Related: Exclusionary Rule, Warrant Requirement
Warrant Requirement

The general rule that searches and seizures need a warrant supported by probable cause, subject to exceptions such as consent, search incident to arrest, and exigency.

Related: Probable Cause, Fourth Amendment Search
Probable Cause

A reasonable belief based on trustworthy facts that evidence of a crime will be found or that an offense has been committed, required for warrants and many warrantless actions.

Related: Warrant Requirement, Reasonable Suspicion
Reasonable Suspicion

A lower standard than probable cause, permitting brief investigative stops when specific articulable facts suggest criminal activity.

Related: Probable Cause, Fourth Amendment Search
Hearsay

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

Related: Hearsay Exception, Confrontation Clause
Hearsay Exception

A recognized category, such as excited utterance, business records, or present sense impression, allowing hearsay despite the general bar on out-of-court statements.

Related: Hearsay, Confrontation Clause
Confrontation Clause

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.

Related: Hearsay, Hearsay Exception
Relevance

The tendency of evidence to make a fact of consequence more or less probable, the threshold admissibility requirement subject to Rule 403 balancing.

Related: Rule 403, Character Evidence
Rule 403

The provision allowing exclusion of relevant evidence when its probative value is substantially outweighed by unfair prejudice, confusion, delay, or cumulative presentation.

Related: Relevance, Character Evidence
Character Evidence

Evidence of a person's traits offered to prove conduct in conformity, generally barred in civil cases and in the prosecution's case in chief, with exceptions for reputation or opinion testimony.

Related: Relevance, Rule 403