Oregon Bar key terms

A court's power to bind a particular defendant to its judgment, requiring minimum contacts with the forum state plus fair play and substantial justice under the Due Process Clause.

The purposeful connection between a defendant and the forum state-such as availing oneself of the state's markets or privileges-that makes jurisdiction foreseeable and fair.

A state law authorizing its courts to exercise jurisdiction over nonresidents who perform specified acts, such as transacting business or committing a tort within the state.

A federal court's authority to hear a state claim that shares a common nucleus of operative fact with a claim properly before it, even absent independent federal jurisdiction.

The rule that federal courts sitting in diversity apply state substantive law but federal procedural rules, as directed by the Rules Enabling Act and the Supremacy Clause.

Federal subject-matter jurisdiction over civil actions between citizens of different states (or citizens and aliens) where the amount in controversy exceeds $75,000.

Federal court authority over cases arising under the Constitution, laws, or treaties of the United States, determined from a well-pleaded complaint.

The principle that constitutional rights generally constrain only government conduct, though private conduct may be treated as state action when government is significantly involved.

The most demanding judicial review, upholding a law only if it is necessary to achieve a compelling governmental interest and narrowly tailored to that end.

Review applied to gender classifications and some other categories, requiring an exceedingly persuasive justification substantially related to important governmental objectives.

Liberties deemed so essential-such as voting, travel, marriage, and privacy-that government restrictions on them trigger strict scrutiny under due process or equal protection.

The implied restriction preventing states from discriminating against or unduly burdening interstate commerce, even absent federal legislation occupying the field.

The Supremacy Clause effect by which valid federal law displaces conflicting or contrary state law, either expressly, by field occupation, or by impossibility.

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

An offeree's unequivocal assent to an offer's terms, made in the manner invited; under the UCC, a definite expression or prompt shipment may suffice.

A bargained-for exchange of legal value, whether a benefit to the promisor or a detriment to the promisee, that renders a promise enforceable.

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

The common-law requirement that an acceptance match the offer exactly; a purported acceptance with different terms operates as a counteroffer.

The UCC analysis for merchants' conflicting purchase-order and acknowledgment terms, using the knock-out approach for differing terms and excluding material alterations.

A writing requirement rendering unenforceable certain contracts, including those involving land, suretyship, marriage consideration, one year's duration, and goods over $500.

The doctrine barring admission of prior or contemporaneous oral agreements to contradict, or in some cases supplement, an integrated written contract.

Governmental intrusion upon a reasonable expectation of privacy or a physical trespass to gather information, generally requiring a warrant or a recognized exception.

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

Advisements required before custodial interrogation-right to remain silent, that statements may be used, right to counsel, and appointed counsel-for admissibility.

Trustworthy facts and circumstances sufficient for a reasonable person to believe a crime occurred or that evidence will be found in a particular place.

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

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

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

The Sixth Amendment right of a criminal defendant to confront adverse witnesses, restricting admission of testimonial hearsay unless the declarant is unavailable and previously cross-examined.

Acquisition of title to land through actual, open, notorious, exclusive, continuous, and hostile possession for the statutory period.

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

A statute determining priority among competing conveyances of the same land, varying as race, notice, or race-notice regimes.

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

An inference of negligence permitted when the accident is of a kind ordinarily not occurring without negligence and was caused by an instrumentality under the defendant's exclusive control.

Liability without proof of fault for abnormally dangerous activities and for defective products causing harm, subject to defenses such as misuse.

The obligation of loyalty and care that directors, officers, partners, and agents owe to their principals or entities, including avoiding self-dealing.

Disregarding limited liability where the entity is used as an alter ego or fraud, typically requiring commingling, undercapitalization, and injustice.

An act beyond the lawful authority conferred on a corporation or its agents, historically void but now often ratifiable or enforceable against the entity.

The governing standard for custody and related decisions, weighing factors such as stability, caretaking, health, and the child's preferences.

A divorce court's division of marital property based on fairness rather than title, considering factors like contribution, duration, and economic circumstances.

A contract between prospective spouses governing property and support rights upon divorce or death, enforceable if procedurally and substantively fair.

The testator's present intention that a particular instrument operate as a will, a requirement for a validly executed testamentary document.

A supplemental instrument modifying, adding to, or revoking portions of an existing will while leaving the remainder intact, executed with will formalities.

Coercion overcoming a testator's free will, often shown by a confidential relationship, suspicious circumstances, and an unnatural disposition, rendering a will contestable.

A lawyer's obligation to avoid conflicts of interest and to act solely for the client's benefit, including limits on business transactions and former-client matters.

A client's agreement to a proposed course of conduct after the lawyer discloses material risks and alternatives and reasonably explains the implications.

The evidentiary protection for confidential communications between lawyer and client made to obtain legal advice, waivable and subject to exceptions like crime-fraud.

The performance-test skill of extracting the legal problems raised by a file and memo assignment before analyzing facts and authorities.

A performance-test deliverable predicting how a tribunal would resolve issues, using neutral analysis of facts, rules, and counterarguments.

A performance-test deliverable advocating a client's position to a court, organized around issues and supported by facts and authority.