PA Bar key terms

The due process test asking whether a nonresident defendant purposefully reached into the forum state, making it fair to hale them into its courts. It is the constitutional floor for personal jurisdiction over out-of-state parties.

A state law authorizing its courts to exercise jurisdiction over nonresidents who commit specified acts, such as transacting business or causing injury within the state. It must be satisfied before the constitutional minimum-contacts analysis applies.

Power over a defendant arising from a claim that relates to or arises out of the defendant's deliberate contacts with the forum. It requires purposeful availment, relatedness, and reasonableness of the exercise of jurisdiction.

All-purpose jurisdiction over a defendant whose affiliations with the forum are so continuous and systematic as to render them essentially at home there. For corporations, that usually means the state of incorporation or principal place of business.

Conduct by a defendant that deliberately targets the forum state's market or laws, such as shipping goods into the state. It distinguishes voluntary contact from contacts created solely by the plaintiff or a third party.

A defendant's transfer of a case from state to federal court within thirty days of service, available when the federal court would have had original jurisdiction. Diversity cases require that no in-state defendant be joined.

Federal jurisdiction over claims that are part of the same case or controversy as a claim within the court's original jurisdiction. It does not extend to claims by plaintiffs against third parties in diversity-only cases.

Federal subject-matter jurisdiction over civil actions between citizens of different states with more than $75,000 in controversy. Complete diversity must exist when the complaint is filed.

The doctrine barring relitigation of claims or issues already decided by a final judgment on the merits. Claim preclusion bars the same claim; issue preclusion bars relitigating an issue actually litigated and necessary to the result.

A claim arising from the same transaction or occurrence as the opposing party's claim that must be asserted in that action or is lost. Permissive counterclaims may be brought but are not required.

A pretrial ruling for a party when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law. Courts view the record in the light most favorable to the nonmovant.

A party's obligation to come forward with enough evidence that a reasonable jury could find in its favor on an element. Failure to carry it results in judgment against the party as a matter of law.

The principle that constitutional rights constrain government conduct, not private conduct, unless a private actor performs a traditional public function or the state significantly involves itself in the conduct.

The most demanding judicial review, applied to suspect classifications and fundamental rights. The law must be narrowly tailored to serve a compelling government interest, and it is usually invalidated.

Review applied to gender and illegitimacy classifications and to content-neutral time, place, and manner rules. The law must serve an important interest by means substantially related to that interest.

The most deferential review, applied to economic and social legislation and nonsuspect classifications. The law survives if it is rationally related to a legitimate government interest, even if poorly drawn.

The Fifth and Fourteenth Amendment guarantee against deprivation of life, liberty, or property without fair procedure and against arbitrary substantive legislation. Procedural due process balances the private interest, risk of error, and government burden.

The implied limit on states burdening interstate commerce, even where Congress has not legislated. Discriminatory state laws face strict scrutiny; nondiscriminatory laws are upheld unless burdens clearly exceed local benefits.

The Supremacy Clause effect by which federal law displaces conflicting or field-occupying state law. Congress may preempt expressly, by implication, or by occupying an entire regulatory field.

A manifestation of present contractual intent that creates a power of acceptance in the offeree. It must be definite enough to identify the parties, subject matter, price, and quantity where required.

An unequivocal assent to the terms of an offer, made in the manner invited, that creates a binding contract. Under the UCC, a definite and seasonable expression or prompt shipment can operate as acceptance.

The common law rule that an acceptance must match the offer exactly; a different or additional term operates as a counteroffer. Article 2 relaxes this so that additional terms may become part of the contract between merchants.

The UCC Article 2 treatment of conflicting standard terms: a definite expression of acceptance forms a contract, and additional or different terms are handled by the gap-filling rules rather than defeating formation.

A promise enforceable without consideration when the promisor should reasonably expect reliance, actual detrimental reliance occurs, and injustice can be avoided only by enforcement. Recovery is often limited to the reliance interest.

The standard contract remedy placing the injured party in the position performance would have produced, measured by lost profits plus costs. They are limited by foreseeability, mitigation, and certainty.

Losses beyond the contract's direct value that flow from the breach, recoverable only if foreseeable at contract formation. Under the UCC, buyer's consequential damages include losses from general or particular needs made known to the seller.

An equitable order compelling performance of the contract, available only where damages are inadequate, typically for unique goods or land. It is discretionary and requires a showing of no adequate legal remedy.

The mental state required for a criminal offense, such as purposely, knowingly, recklessly, or negligently under the Model Penal Code. It must attach to each material element unless the statute provides otherwise.

The voluntary physical act or legally required omission that constitutes the conduct element of a crime. Status, thoughts, and involuntary movements do not satisfy it.

Liability for a killing committed during the perpetration of an inherently dangerous felony, without proof of intent to kill. Defenses include the death being unforeseeable or caused by a co-felon in many jurisdictions.

Culpability of a person who aids, abets, or encourages a crime with the intent to facilitate it. The accomplice is liable for the target crime and for foreseeable crimes committed in its course.

The cautions required before custodial interrogation: the right to remain silent, that statements may be used, the right to counsel, and appointed counsel for the indigent. Invocation and waiver rules govern admissibility.

Questioning by police after a suspect has been taken into custody or deprived of freedom of movement in a significant way. It triggers the Miranda requirement before statements may be used.

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

A statement relating to a startling event made while the declarant was under the stress of excitement it caused. It is admissible regardless of whether the declarant is available to testify.

A statement describing or explaining an event made while or immediately after the declarant perceived it. It is admissible as a hearsay exception despite the absence of excitement.

An earlier statement consistent with trial testimony, admissible to rebut a charge of recent fabrication or improper influence. It is not substantive evidence of the truth unless offered under a hearsay exclusion.

Acquisition of title by open, notorious, actual, exclusive, continuous, and hostile possession of another's land for the statutory period. Tacking of successive possessors may satisfy the period.

A right to use another's land acquired by adverse use that is open, notorious, continuous, and hostile for the statutory period. It mirrors adverse possession but grants use rather than title.

A statute determining priority among competing purchasers of the same land. Race, notice, and race-notice variants protect buyers who record first, lack notice, or both.

A buyer who pays value and takes without notice of prior claims, actual, constructive, or inquiry. Such a buyer prevails over unrecorded interests under notice and race-notice statutes.

The obligation to act as a reasonable person would under the circumstances to avoid foreseeable harm. It is the baseline element of negligence, subject to special standards for professionals and children.

The requirement that the defendant's breach be a cause in fact and that the harm fall within the scope of foreseeable risk. Unforeseeable intervening causes may supersede liability.

An inference of negligence permitted when the injury-causing event is of a kind that ordinarily does not occur without negligence, was caused by an instrumentality in the defendant's control, and was not due to the plaintiff.

Liability of a commercial seller for defective products causing harm, without proof of negligence. The plaintiff must show a defect in manufacture or design, or inadequate warnings, and causation.

The county where an action may be brought under the Pennsylvania Rules of Civil Procedure, generally where the defendant resides or where the cause of action arose. Improper venue is raised by preliminary objection.

Pennsylvania procedure for challenging a complaint before filing an answer, raising legal insufficiency, improper venue, lack of jurisdiction, or failure to join an indispensable party. The court may sustain, dismiss, or allow amendment.

A local-rule program referring certain civil cases below a monetary threshold to a panel of arbitrators, with a right to demand a trial de novo after the award. It is distinct from contractual arbitration.

A rule barring an interested survivor from testifying about transactions with a decedent whose estate is a party, unless the estate introduces the matter. The purpose is to prevent self-serving testimony.

The privilege protecting client communications with an attorney licensed in any jurisdiction, including communications made in the course of seeking legal advice. Pennsylvania recognizes the privilege under its rules of evidence.

The requirement that a lawyer hold client funds in a separate trust account, keep individual ledgers, and disburse promptly. Commingling and misappropriation are grounds for discipline.

The professional rule that a lawyer may not represent a client if the representation is materially limited by another client, former client, or personal interest unless informed consent is obtained and the lawyer reasonably believes competent representation is possible.

The divorce remedy dividing marital property according to statutory factors such as length of marriage, contributions, and economic circumstances, rather than title. Separate property is generally excluded.

The statewide schedule computing child and spousal support from the parties' net incomes and the number of dependents. Courts may deviate for special needs or unusual circumstances.

The surviving spouse's right to claim a statutory share of the decedent's estate, typically one-third of the augmented estate, in lieu of the will. It protects spouses from disinheritance.

The statutory scheme distributing an estate when no valid will exists, prioritizing spouse and descendants, then parents and siblings. The share depends on which relatives survive.

A business entity formed by filing a certificate with the Department of State, providing members limited liability and pass-through taxation. Management may be member-managed or manager-managed under an operating agreement.

A corporation with a small number of shareholders that may dispense with a board and operate under a shareholders' agreement. It remains distinct from an LLC in formalities and taxation.