Civil Procedure
The type of jurisdiction based on federal questions, diversity of citizenship, or supplemental claims
What is subject-matter jurisdiction?
This requires (1) a clear promise, (2) reasonable and detrimental reliance, and (3) enforcement necessary to prevent injustice.
What is promissory estoppel?
The mental state required for a premeditated and deliberate murder conviction
What is intent with premeditation and deliberation?
Physical objects introduced to prove a fact, often requiring authentication and chain of custody
What is real evidence?
The constitutional clause that invalidates state laws that conflict with federal law
What is the Supremacy Clause?
A legal doctrine that allows federal courts to apply state substantive law in diversity cases
What is the Erie doctrine?
The common law requirement for a contract modification that is not required under UCC Article 2
What is consideration?
The rule holding a defendant liable for a killing committed during the commission of a dangerous felony
What is the felony murder rule?
The evidentiary rule that allows a witness to use a document to jog their memory while testifying
What is refreshing recollection?
The type of classification that triggers strict scrutiny under the Equal Protection Clause
What is a suspect classification?
The legal principle allowing a court to decline jurisdiction when a more appropriate forum exists
What is forum non conveniens?
The legal doctrine requiring certain types of contracts to be in writing and signed by the party to be charged
What is the Statute of Frauds?
The constitutional protection against unreasonable searches and seizures
What is the Fourth Amendment?
A hearsay exception that admits statements made under the stress of a startling event
What is an excited utterance?
The clause prohibiting retroactive criminal laws
What is the Ex Post Facto Clause?
A pretrial motion used to challenge the legal sufficiency of a claim without considering the facts
What is a motion to dismiss under Rule 12(b)(6)?
A non-party who may sue to enforce a contract made for their benefit
What is an intended third-party beneficiary?
The inchoate offense involving an agreement between two or more people and an overt act in furtherance
What is conspiracy?
A type of inadmissible evidence that attempts to prove someone acted in conformity with a character trait
What is propensity evidence?
Spaghetti Carbonara
What is Trevor's favorite pasta?
The procedural rule allowing multiple parties to join in a single action if their claims arise from the same transaction or occurrence
What is Rule 20?
An equitable remedy that cancels a contract due to fraud, misrepresentation, or mistake
What is rescission?
The legal standard used to assess the admissibility of a post-arrest confession
What is voluntariness?
A hearsay exception allowing statements made for diagnosis or treatment to be admissible
What is the medical treatment exception?
The level of scrutiny applied to laws burdening fundamental rights under substantive due process
What is strict scrutiny?