Oregon Bar flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Well-Pleaded Complaint Rule

Federal question jurisdiction exists only if the federal issue appears on the face of the plaintiff's well-pleaded complaint, not in an anticipated defense.

Complete Diversity

Under 28 U.S.C. § 1332, no plaintiff may share state citizenship with any defendant, and the amount in controversy must exceed $75,000.

Erie Doctrine

Federal courts sitting in diversity apply state substantive law and federal procedural law, unless a valid federal rule or statute directly conflicts with state law.

Claim Preclusion Elements

Claim preclusion bars a later suit when there is a final judgment on the merits, identity of parties or privies, and identity of the claims arising from the same transaction.

State Action Doctrine

Constitutional rights are generally enforceable only against government actors; private conduct is not actionable absent significant state entanglement, public function, or statute.

Strict Scrutiny

Suspect classifications and fundamental rights require a compelling government interest and narrow tailoring; the law is invalid unless the government proves both elements.

Dormant Commerce Clause

State laws discriminating against interstate commerce are per se invalid unless a legitimate local purpose cannot be served by reasonable nondiscriminatory alternatives; nondiscriminatory laws use Pike balancing.

UCC Firm Offer

A merchant's signed writing assuring that an offer will be held open is irrevocable for the stated time or a reasonable time, not exceeding three months, without consideration.

UCC 2-207 Battle of Forms

A definite and seasonable expression of acceptance operates as acceptance even with additional terms; additional terms are proposals unless they materially alter, are objected to, or the offer limits acceptance.

Perfect Tender Rule

Under UCC § 2-601, a buyer may reject goods or tender of delivery that fail in any respect to conform, subject to the seller's right to cure under § 2-508.

Expectation Damages

Expectation damages put the injured party in the position it would have occupied had the contract been performed, including consequential damages that were foreseeable and mitigated.

Terry Stop

A brief investigative detention is permitted when an officer has reasonable suspicion, based on articulable facts, that criminal activity is afoot; a frisk requires reasonable suspicion of weapons.

Miranda Custodial Interrogation

Miranda warnings are required before custodial interrogation; the suspect must unambiguously invoke the right to remain silent or to counsel to cut off questioning.

Felony Murder Rule

A death during the commission of an inherently dangerous felony is murder; the underlying felony merges with the homicide, and the death must be a foreseeable result.

Rule 403 Balancing

Relevant evidence may be excluded if its probative value is substantially outweighed by unfair prejudice, confusion, misleading the jury, undue delay, waste of time, or cumulative evidence.

Hearsay Definition

An out-of-court statement offered to prove the truth of the matter asserted; nonhearsay includes prior inconsistent statements under oath and statements of identification.

Confrontation Clause

Testimonial hearsay is inadmissible unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine; nontestimonial statements are governed by hearsay rules.

Rule Against Perpetuities

No interest is valid unless it must vest, if at all, no later than 21 years after a life in being at creation; it applies to contingent remainders and executory interests.

Adverse Possession Elements

Possession must be actual, exclusive, open and notorious, continuous, and hostile for the statutory period; color of title and tax payment may shorten the period.

Recording Acts

Race statutes protect the first to record; notice statutes protect a subsequent purchaser without notice; race-notice statutes protect a subsequent purchaser without notice who records first.

Premises Liability Duties

Invitees are owed reasonable care to inspect and warn of hidden dangers; licensees must be warned of known dangers; trespassers are owed only a duty not to willfully injure.

Public Figure Defamation

A public official or public figure must prove actual malice, meaning knowledge of falsity or reckless disregard of the truth, for statements about public conduct.

Product Defect Types

A product is defective if it has a manufacturing defect, a design defect under risk-utility or consumer expectations, or a failure to warn of foreseeable risks.

Apparent Authority

Apparent authority arises when the principal manifests to a third party that the agent has authority, and the third party reasonably relies on that manifestation.

Piercing the Corporate Veil

Courts may disregard the corporate form when the corporation is the shareholder's alter ego and honoring the form would work an injustice or fraud; mere undercapitalization is insufficient.

Business Judgment Rule

A presumption that directors acted on an informed basis, in good faith, and in the honest belief the action was in the corporation's best interest; it protects disinterested decisions.

Equitable Distribution

Marital property, generally including earnings and property acquired during the marriage, is divided equitably; separate property includes premarital property, gifts, and inheritances.

Best Interests of the Child

The custody standard considers stability, the child's wishes, parental fitness, and the child's adjustment to home, school, and community; joint custody requires cooperative parents.

Will Execution Requirements

A valid attested will requires testamentary capacity and intent, a writing signed by the testator, and two witnesses who sign in the testator's presence.

Spendthrift Trust

A trust provision restricting a beneficiary's ability to assign trust assets and limiting creditors' ability to reach them; discretionary trusts limit creditors to distributed amounts.

Rule 1.6 Confidentiality

A lawyer may not reveal information relating to the representation without informed consent, except to prevent reasonably certain death or substantial bodily harm, or to prevent a crime or fraud.

Performance Test Method

Read the task memo first, then the File for facts and the Library for law; organize the answer by rule elements, apply facts, and cite only Library authorities.