OH Bar key terms

A court's power over a party, satisfied by domicile, presence, consent, or minimum contacts with the forum such that suit does not offend traditional notions of fair play and substantial justice.

The purposeful availment of a forum's benefits by a defendant, creating a relationship with the state that makes jurisdiction foreseeable and reasonable rather than random, isolated, or fortuitous.

A state law authorizing courts to reach nonresident defendants who engage in specified acts, such as transacting business or committing a tort, within the state, subject to constitutional limits.

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

Federal jurisdiction over civil actions between citizens of different states (or foreign nationals) where the amount in controversy exceeds $75,000, determined from the complaint's good-faith allegations.

Federal power to hear additional claims sharing a common nucleus of operative fact with a claim that already invokes federal jurisdiction, subject to statutory limits in diversity cases.

The principle that federal courts sitting in diversity apply state substantive law but federal procedural rules, balancing uniformity and federalism under the Rules Enabling Act and the Constitution.

Pretrial disposition where the movant shows no genuine dispute of material fact and entitlement to judgment as a matter of law, supported by evidence admissible at trial.

The bar on relitigating a claim already decided by final judgment on the merits, requiring identity of parties or privies, the same claim, and a valid final decision.

The bar on relitigating an issue actually litigated and necessarily decided in a prior case between the same or closely related parties, even where the second claim differs.

The requirement that constitutional rights constrain government conduct, so private conduct is generally unregulated by the Constitution unless sufficiently entangled with or performing a public function for the state.

The most demanding equal protection or due process test: the law must serve a compelling governmental interest and be narrowly tailored, used for suspect classifications and fundamental rights.

The mid-level test requiring an important governmental interest and a law substantially related to that interest, applied to sex-based classifications and certain other quasi-suspect categories.

The guarantee that government may not deny any person the equal protection of the laws, chiefly forbidding invidious discrimination through classifications reviewed under tiered scrutiny.

The guarantee of fair procedure before deprivation of life, liberty, or property, and of substantive limits on arbitrary government action, under the Fifth and Fourteenth Amendments.

A due process defect in a law that fails to give a person of ordinary intelligence fair notice of prohibited conduct or invites arbitrary and discriminatory enforcement.

A First Amendment doctrine permitting facial invalidation of a law that sweeps in substantial amounts of protected speech, even as applied to the challenger's own conduct.

A licensing or injunction scheme that suppresses speech before publication; it bears a heavy presumption of unconstitutionality and requires narrow standards, prompt review, and procedural safeguards.

A manifestation of present contractual intent so definite that acceptance will close the deal, empowering the offeree to create a contract by acceptance.

A manifestation of assent to an offer's terms made in the manner invited, effective on dispatch under the mailbox rule unless the offer says otherwise.

The common-law rule that an acceptance must match the offer exactly; a response adding or changing terms is a counteroffer, not an acceptance, absent UCC Article 2's different approach.

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

Enforcement of a promise lacking consideration where the promisor reasonably expected reliance, reliance occurred, and injustice can be avoided only by enforcement.

A change of position induced by another's promise or representation, which may make the promise binding or support estoppel even without a formal exchange.

The Uniform Commercial Code article governing sales of goods, relaxing common-law rules with open terms, firm offers by merchants, and the perfect-tender rule for acceptance.

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

The voluntary physical act or legally required omission constituting the conduct element of a crime, excluding mere thoughts or reflexive movements.

A mental state requiring the defendant to intend a particular result or circumstance beyond the act itself, permitting defenses like voluntary intoxication and mistake of fact.

Custodial interrogation safeguards requiring police to advise suspects of the rights to silence and counsel before questioning, with waiver and invocation rules governing admissibility.

Government intrusion into a reasonable expectation of privacy or onto constitutionally protected property, generally requiring a warrant supported by probable cause absent an exception.

The remedy suppressing evidence obtained in violation of constitutional rights, subject to exceptions such as good faith, attenuation, inevitable discovery, and impeachment use.

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

A hearsay exception for a statement describing or explaining an event made while or immediately after the declarant perceived it, admissible regardless of declarant availability.

A hearsay exception for a statement relating to a startling event made while the declarant was under the stress of excitement it caused, admissible regardless of availability.

The Sixth Amendment right of a criminal defendant to confront adverse witnesses, barring testimonial hearsay from an unavailable declarant unless the defendant had a prior opportunity to cross-examine.

The obligation to persuade the factfinder (preponderance, clear and convincing, or beyond a reasonable doubt) and to produce evidence, allocated by substantive law and presumptions.

Acquisition of title to another's land through actual, open, notorious, exclusive, continuous, and hostile possession for the statutory period, possibly with color of title extensions.

A nonpossessory right to use another's land for a limited purpose, created by grant, implication, necessity, or prescription, and subject to termination rules.

A state law determining priority between competing interests in land based on recording, using race, notice, or race-notice approaches to protect subsequent purchasers.

The tort obligation to act as a reasonable person of ordinary prudence under the circumstances, breached by conduct falling below that standard and causing foreseeable harm.

Where a statute sets a standard of conduct, its unexcused violation establishes breach when the plaintiff is within the class the statute protects and the harm is the type it prevents.

The requirement that the defendant's breach be the actual and legal cause of harm, limiting liability to foreseeable results rather than remote or extraordinary consequences.

The obligation of loyalty and care owed by directors, officers, partners, and agents, requiring good faith, informed decisions, and no self-dealing absent fairness or approval.

A presumption that corporate directors acted on an informed basis, in good faith, and in the corporation's best interest, shielding decisions from liability unless rebutted.

Disregarding limited liability to hold shareholders personally liable where the corporation is used as an alter ego, is undercapitalized, or perpetuates fraud or injustice.

An equitable remedy compelling performance of a contract where damages are inadequate, typically for unique goods or land, and only when the terms are definite and enforcement feasible.

A court order requiring a party to do or refrain from an act, granted under standards of irreparable harm, likelihood of success, balance of hardships, and public interest.

Cancellation of a contract restoring the parties to their pre-contract positions, available for fraud, mistake, duress, or material breach where restoration is possible.

A ninety-minute skills examination presenting a file and library from which the candidate drafts a practical document, such as a memo or brief, applying supplied authorities.

A multiple-choice test of general legal doctrines across seven subjects, scored on a scaled basis and combined with essay and performance components for bar admission.

The body that investigates and adjudicates attorney ethics complaints and recommends discipline to the Supreme Court of Ohio, guided by the Ohio Rules of Professional Conduct.

The procedural rules governing civil litigation in Ohio courts, addressing pleading, service, discovery, and judgment, and applied alongside local rules and statutes.