OH AT Law key terms
OH AT Law · Get comfortable with the vocabulary.
- Personal Jurisdiction
- Related: Long-Arm Statute, In Rem 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.
- Subject Matter Jurisdiction
- Related: Diversity Jurisdiction, Federal Question 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.
- Diversity Jurisdiction
- Related: Subject Matter Jurisdiction, Supplemental 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.
- Supplemental Jurisdiction
- Related: Diversity Jurisdiction, Removal
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.
- Venue
- Related: Forum Non Conveniens, Removal
The proper geographic location for filing suit, typically where any defendant resides or where a substantial part of the events occurred.
- Forum Non Conveniens
- Related: Venue, Personal Jurisdiction
A discretionary dismissal doctrine letting a court decline jurisdiction when another forum is substantially more convenient and the plaintiff has an adequate alternative remedy.
- Long-Arm Statute
- Related: Personal Jurisdiction, Minimum Contacts
A state law authorizing courts to exercise jurisdiction over nonresident defendants who have specified contacts with the state, bounded by constitutional due process limits.
- Minimum Contacts
- Related: Personal Jurisdiction, Long-Arm Statute
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.
- Removal
- Related: Supplemental Jurisdiction, Venue
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.
- Summary Judgment
- Related: Burden of Production, Judgment as a Matter of Law
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.
- Res Judicata
- Related: Collateral Estoppel, Summary Judgment
Claim preclusion barring relitigation of the same claim between the same parties after a final judgment on the merits.
- Collateral Estoppel
- Related: Res Judicata
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.
- State Action Doctrine
- Related: Due Process, Equal Protection
The requirement that constitutional protections apply only to governmental conduct, not to purely private behavior, unless significant state involvement exists.
- Strict Scrutiny
- Related: Intermediate Scrutiny, Equal Protection
The most demanding equal protection test, requiring a compelling government interest and narrow tailoring, applied to suspect classifications like race and fundamental rights.
- Intermediate Scrutiny
- Related: Strict Scrutiny, Equal Protection
A mid-level equal protection test requiring an important government interest and substantially related means, applied to sex-based classifications and certain other categories.
- Rational Basis Review
- Related: Equal Protection, Due Process
The most deferential equal protection standard, upholding a classification if it is rationally related to a legitimate government interest and not arbitrary.
- Due Process
- Related: Procedural Due Process, Taking
The Fifth and Fourteenth Amendment guarantee against deprivation of life, liberty, or property without fair procedure and substantive protection against arbitrary government action.
- Procedural Due Process
- Related: Due Process, State Action Doctrine
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.
- First Amendment Overbreadth
- Related: Vagueness, Prior Restraint
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.
- Prior Restraint
- Related: First Amendment Overbreadth, Vagueness
A government licensing or injunction scheme that suppresses speech before publication, presumptively unconstitutional unless it includes narrow standards and prompt judicial review.
- Vagueness
- Related: First Amendment Overbreadth, Due Process
A constitutional defect in a law that fails to give reasonable notice of what conduct it prohibits or invites arbitrary enforcement, violating due process.
- Offer
- Related: Acceptance, Consideration
A manifestation of present contractual intent that creates a power of acceptance in the offeree and is definite enough to be enforceable.
- Acceptance
- Related: Offer, Mirror Image Rule
An offeree's manifestation of assent to an offer's terms, effective on dispatch under the mailbox rule unless the offer provides otherwise.
- Consideration
- Related: Promissory Estoppel, Offer
A bargained-for exchange of legal detriment or benefit that makes a promise enforceable, distinguishing contracts from gratuitous promises.
- Promissory Estoppel
- Related: Consideration, Detrimental Reliance
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.
- Mirror Image Rule
- Related: Acceptance, UCC 2-207
The common law requirement that an acceptance match the offer's terms exactly, so a purported acceptance with different terms operates as a counteroffer.
- UCC 2-207
- Related: Mirror Image Rule, Acceptance
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.
- Statute of Frauds
- Related: Parol Evidence Rule, Consideration
A writing requirement for enforceability of certain contracts, including land sales, suretyship, marriage consideration, and contracts not performable within one year.
- Parol Evidence Rule
- Related: Statute of Frauds, Integration
A rule barring admission of prior or contemporaneous oral statements to contradict a fully integrated written agreement, while permitting evidence for interpretation or defenses.
- Integration
- Related: Parol Evidence Rule
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.
- Anticipatory Repudiation
- Related: Material Breach, Specific Performance
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.
- Specific Performance
- Related: Anticipatory Repudiation, Material Breach
An equitable remedy ordering a breaching party to perform as promised, granted when legal damages are inadequate, typically for unique goods or land.
- Material Breach
- Related: Anticipatory Repudiation, Specific Performance
A breach substantial enough to excuse the other party's performance and permit termination, judged by the extent of harm and likelihood of cure.
- Mens Rea
- Related: Actus Reus, Specific Intent
The mental state element of a crime, such as purpose, knowledge, recklessness, or negligence, that must accompany the prohibited act.
- Actus Reus
- Related: Mens Rea, Causation
The voluntary physical act or omission constituting the prohibited conduct of a crime, excluding mere thoughts or status.
- Specific Intent
- Related: Mens Rea, Attempt
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.
- Attempt
- Related: Specific Intent, Conspiracy
An inchoate offense requiring specific intent to commit a crime plus a substantial step beyond mere preparation toward completion.
- Conspiracy
- Related: Attempt, Accomplice Liability
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.
- Accomplice Liability
- Related: Conspiracy, Mens Rea
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.
- Causation
- Related: Actus Reus, Mens Rea
The link between a defendant's conduct and a prohibited result, requiring actual cause plus proximate cause without an unforeseeable superseding event.
- Exclusionary Rule
- Related: Fruit of the Poisonous Tree, Fourth Amendment Search
The doctrine suppressing evidence obtained in violation of constitutional rights at trial, subject to exceptions like good faith, inevitable discovery, and attenuation.
- Fruit of the Poisonous Tree
- Related: Exclusionary Rule, Fourth Amendment Search
The rule that evidence derived from an unconstitutional search or seizure is also suppressed unless the connection to the illegality is sufficiently attenuated.
- Fourth Amendment Search
- Related: Exclusionary Rule, Warrant Requirement
Government conduct intruding on a reasonable expectation of privacy or physically trespassing on a constitutionally protected area, triggering warrant and reasonableness requirements.
- Warrant Requirement
- Related: Probable Cause, Fourth Amendment Search
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.
- Probable Cause
- Related: Warrant Requirement, Reasonable Suspicion
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.
- Reasonable Suspicion
- Related: Probable Cause, Fourth Amendment Search
A lower standard than probable cause, permitting brief investigative stops when specific articulable facts suggest criminal activity.
- Hearsay
- Related: Hearsay Exception, Confrontation Clause
An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible unless an exception or exclusion applies.
- Hearsay Exception
- Related: Hearsay, Confrontation Clause
A recognized category, such as excited utterance, business records, or present sense impression, allowing hearsay despite the general bar on out-of-court statements.
- Confrontation Clause
- Related: Hearsay, Hearsay Exception
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.
- Relevance
- Related: Rule 403, Character Evidence
The tendency of evidence to make a fact of consequence more or less probable, the threshold admissibility requirement subject to Rule 403 balancing.
- Rule 403
- Related: Relevance, Character Evidence
The provision allowing exclusion of relevant evidence when its probative value is substantially outweighed by unfair prejudice, confusion, delay, or cumulative presentation.
- Character Evidence
- Related: Relevance, Rule 403
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.