Bar Exam Glossary
Search and filter 241 essential terms, defined in plain English.
Showing 241 of 241 terms
A
- Abatement
- The reduction or elimination of testamentary gifts when an estate lacks sufficient assets to pay all debts and legacies, following a statutory order (residuary first, then general, then specific). Wills & Trusts
- Acceptance
- An offeree's unequivocal manifestation of assent to the terms of an offer in the manner invited or required, forming a contract. Contracts
- Accord and Satisfaction
- An agreement to discharge an existing obligation by accepting a different substituted performance (accord), which becomes binding once the new performance is rendered (satisfaction). Contracts
- Actus Reus
- The voluntary physical act or qualifying omission that constitutes the wrongful conduct element of a crime. Criminal Law
- Ademption
- The failure of a specific testamentary gift because the identified property is no longer in the testator's estate at death (ademption by extinction). Wills & Trusts
- Adverse Possession
- Acquisition of title to land by possession that is actual, open and notorious, hostile, exclusive, and continuous for the statutory period. Property
- Affirmative Defense
- A defense in which the defendant bears the burden of pleading and proving facts that defeat or mitigate liability even if the plaintiff's allegations are true. Civil Procedure
- Agency
- A fiduciary relationship in which a principal manifests assent for an agent to act on the principal's behalf and subject to the principal's control. Business Associations
- Alienation
- The voluntary transfer of property interests from one party to another; restraints on alienation are disfavored and often void. Property
- Ambiguity
- Language reasonably susceptible to more than one meaning; latent ambiguity may permit extrinsic evidence to clarify intent. Contracts
- Anti-Lapse Statute
- A statute that substitutes the descendants of a predeceasing beneficiary for the lapsed gift, provided the beneficiary was a qualifying relative of the testator. Wills & Trusts
- Anticipatory Repudiation
- A party's unequivocal statement or conduct before performance is due indicating it will not perform, excusing the other party and allowing immediate suit. Contracts
- Apparent Authority
- Authority that exists when a principal's manifestations cause a third party reasonably to believe the agent is authorized, binding the principal even absent actual authority. Business Associations
- Appurtenant Easement
- An easement that benefits a particular parcel of land (the dominant estate) and runs with the land to successive owners. Property
- Assignment
- The transfer of a party's contractual rights to a third party, who may then enforce those rights against the obligor. Contracts
- Assumption of Risk
- A defense barring or reducing recovery where the plaintiff knowingly and voluntarily encountered a recognized danger. Torts
- Attachment
- The point at which a security interest becomes enforceable against the debtor, requiring value, debtor rights in the collateral, and a security agreement or possession. Secured Transactions
- Attempt
- An inchoate crime requiring specific intent to commit a target offense plus a substantial step (or dangerous proximity) toward its commission. Criminal Law
- Attractive Nuisance
- A doctrine imposing liability on a landowner for injuries to trespassing children caused by an artificial condition the owner should foresee would attract them. Torts
- Authentication
- The evidentiary requirement that a proponent produce sufficient evidence to support a finding that an item is what its proponent claims it to be. Evidence
B
- Bailment
- The rightful temporary possession of another's personal property by one who owes a duty of care to return or dispose of it as directed. Property
- Battle of the Forms
- UCC 2-207 rules governing contract formation and term inclusion when merchants exchange differing standardized purchase and acknowledgment forms. Contracts
- Bench Trial
- A trial in which a judge, rather than a jury, decides both questions of fact and law. Civil Procedure
- Best Evidence Rule
- The requirement that the original writing, recording, or photograph be produced to prove its contents, absent an excuse for nonproduction. Evidence
- Bilateral Contract
- A contract formed by the exchange of mutual promises, where each party is both promisor and promisee. Contracts
- Bona Fide Purchaser
- One who acquires property in good faith, for value, and without notice of competing claims, often taking free of prior unrecorded interests. Property
- Burden of Proof
- A party's obligation to establish a fact, comprising the burden of production (going forward with evidence) and the burden of persuasion. Evidence
- Business Judgment Rule
- A presumption that directors acted on an informed basis, in good faith, and in the honest belief their decision served the corporation's best interests. Business Associations
C
- Capacity
- The legal ability to enter binding obligations or perform acts; contracts of minors and the mentally incapacitated may be voidable. Contracts
- Causation
- The element linking a defendant's conduct to the plaintiff's harm, requiring both actual cause (but-for) and proximate (legal) cause. Torts
- Charitable Trust
- A trust created for a recognized charitable purpose that benefits the community, exempt from the Rule Against Perpetuities and enforceable by the attorney general. Wills & Trusts
- Choice of Law
- The body of conflict-of-laws rules determining which jurisdiction's substantive law governs a dispute with multistate connections. Civil Procedure
- Class Action
- A representative suit under Rule 23 in which named plaintiffs litigate on behalf of a numerous class sharing common questions of law or fact. Civil Procedure
- Collateral Estoppel
- Issue preclusion barring relitigation of an issue of fact or law actually litigated, determined, and essential to a valid final judgment. Civil Procedure
- Collateral Source Rule
- An evidentiary and damages rule preventing reduction of a plaintiff's recovery by benefits received from sources independent of the defendant. Torts
- Comparative Negligence
- A system that reduces a plaintiff's recovery in proportion to the plaintiff's own share of fault rather than barring recovery entirely. Torts
- Compulsory Counterclaim
- A claim the defendant must assert because it arises from the same transaction or occurrence as the plaintiff's claim, or it is waived. Civil Procedure
- Concurrent Estate
- Ownership of property by two or more persons simultaneously, including tenancy in common, joint tenancy, and tenancy by the entirety. Property
- Condition Precedent
- An event that must occur before a contractual duty to perform arises. Contracts
- Condition Subsequent
- An event whose occurrence extinguishes an existing duty to perform. Contracts
- Confrontation Clause
- The Sixth Amendment guarantee that a criminal defendant may confront witnesses, barring admission of testimonial hearsay unless the declarant is unavailable and was previously cross-examined. Evidence
- Consideration
- A bargained-for exchange of legal value, consisting of a promise, performance, or forbearance that induces the other party's promise. Contracts
- Conspiracy
- An agreement between two or more persons to commit an unlawful act, typically requiring intent and, at common law, no overt act. Criminal Law
- Constructive Eviction
- A landlord's substantial interference with a tenant's use that, if the tenant vacates, relieves the tenant of further rent obligations. Property
- Constructive Trust
- An equitable remedy imposing a duty on a wrongful holder of property to convey it to the rightful party to prevent unjust enrichment. Wills & Trusts
- Contribution
- The right of a tortfeasor who has paid more than its share of a judgment to recover the excess from other jointly liable parties. Torts
- Contributory Negligence
- A traditional defense completely barring a plaintiff's recovery if the plaintiff's own negligence contributed to the injury. Torts
- Conversion
- An intentional exercise of dominion over another's chattel so serious that it warrants requiring the defendant to pay its full value. Torts
- Covenant
- A written promise concerning the use of land that may run with the land at law if its requirements, including privity and touch-and-concern, are met. Property
- Cure
- A seller's right under the UCC to correct a nonconforming tender within the contract time or, in some cases, a reasonable additional period. Contracts
- Cy Pres
- An equitable doctrine allowing a court to redirect a charitable trust to a similar purpose when the original purpose becomes impossible or impracticable. Wills & Trusts
D
- Declaration Against Interest
- A hearsay exception admitting a statement that, when made, was so contrary to the unavailable declarant's pecuniary, proprietary, or penal interest that it is presumed reliable. Evidence
- Defamation
- A false statement of fact about the plaintiff, published to a third party, that harms the plaintiff's reputation. Torts
- Delegation
- The transfer of a party's contractual duties to a third party, who undertakes to perform them, though the delegating party generally remains liable. Contracts
- Derivative Suit
- A shareholder action brought on the corporation's behalf to enforce a corporate right after demand on the board or a showing that demand is futile. Business Associations
- Detrimental Reliance
- A change of position in dependence on another's promise that may make the promise enforceable under promissory estoppel. Contracts
- Devise
- A gift of real property made by will; the recipient is a devisee. Wills & Trusts
- Dictum
- A statement in a judicial opinion not necessary to the decision and therefore not binding as precedent. Civil Procedure
- Diversity Jurisdiction
- Federal subject-matter jurisdiction over suits between citizens of different states where the amount in controversy exceeds $75,000, requiring complete diversity. Civil Procedure
- Donative Intent
- The intent to make a present, voluntary transfer of property as a gift, required along with delivery and acceptance. Property
- Dormant Commerce Clause
- The implied constitutional limit barring states from unduly burdening or discriminating against interstate commerce absent congressional authorization. Constitutional Law
- Dower
- A surviving spouse's common-law life estate in a fraction of the deceased spouse's real property, largely replaced by elective share statutes. Wills & Trusts
- Due Process
- The constitutional guarantee that the government provide fair procedures (procedural) and refrain from arbitrary deprivations of fundamental rights (substantive). Constitutional Law
- Duress
- Wrongful coercion that overcomes a party's free will, rendering a resulting contract voidable or negating criminal culpability in limited circumstances. Contracts
- Duty of Care
- The fiduciary obligation of directors and officers to act with the care a reasonably prudent person would use in similar circumstances. Business Associations
- Duty of Loyalty
- The fiduciary obligation to act in the corporation's best interest and refrain from self-dealing or usurping corporate opportunities. Business Associations
- Dying Declaration
- A hearsay exception for a statement about the cause or circumstances of impending death, made by a declarant who believed death was imminent. Evidence
E
- Easement by Necessity
- An easement implied when a parcel is landlocked by severance from a commonly owned tract, lasting only as long as the necessity exists. Property
- Easement by Prescription
- An easement acquired through use that is open, continuous, hostile, and for the statutory period, analogous to adverse possession. Property
- Eminent Domain
- The government's power to take private property for public use upon payment of just compensation under the Takings Clause. Constitutional Law
- Enabling Statute
- A legislative act delegating authority to an administrative agency and defining the scope of its rulemaking and enforcement powers. Constitutional Law
- Equitable Conversion
- The doctrine treating a buyer as the equitable owner of real property once a land-sale contract is signed, allocating risk of loss to the buyer. Property
- Equitable Distribution
- The fair, though not necessarily equal, division of marital property upon divorce based on statutory factors. Family Law
- Equitable Servitude
- A restriction on land use enforceable in equity by injunction against successors who take with notice, requiring intent and touch-and-concern. Property
- Erie Doctrine
- The rule that a federal court sitting in diversity applies state substantive law and federal procedural law. Civil Procedure
- Estoppel
- A doctrine barring a party from asserting a position inconsistent with a prior representation on which another reasonably relied. Contracts
- Excited Utterance
- A hearsay exception for a statement relating to a startling event made while the declarant was under the stress of excitement it caused. Evidence
- Exclusionary Rule
- The doctrine excluding from a criminal prosecution evidence obtained in violation of the defendant's Fourth, Fifth, or Sixth Amendment rights. Criminal Law
- Executory Contract
- A contract in which one or both parties still have material obligations remaining to be performed. Contracts
- Express Warranty
- An affirmation of fact, promise, description, or sample by the seller that becomes part of the basis of the bargain regarding the goods. Contracts
F
- Fee Simple Absolute
- The most complete ownership interest in land, of potentially infinite duration and freely transferable, devisable, and inheritable. Property
- Fee Simple Determinable
- A defeasible fee that automatically terminates and reverts to the grantor upon the occurrence of a stated event, leaving a possibility of reverter. Property
- Fee Simple Subject to Condition Subsequent
- A defeasible fee that the grantor may terminate by exercising a retained right of entry upon a stated condition's occurrence. Property
- Felony Murder
- A killing committed during the commission or attempted commission of an inherently dangerous felony, imputing malice from the underlying crime. Criminal Law
- Fiduciary Duty
- The obligation of a person in a position of trust to act loyally and with care for the benefit of another. Business Associations
- Forum Non Conveniens
- A court's discretionary dismissal of a case when another forum is substantially more appropriate for the convenience of parties and justice. Civil Procedure
- Fraud in the Inducement
- A misrepresentation that induces a party to enter a contract, rendering the contract voidable by the deceived party. Contracts
- Fruit of the Poisonous Tree
- The doctrine excluding evidence derived from an earlier constitutional violation unless an exception such as attenuation or independent source applies. Criminal Law
- Frustration of Purpose
- A doctrine discharging a contract when an unforeseen event destroys the underlying purpose of the agreement, known to both parties. Contracts
- Future Advances
- Additional loans a secured creditor may make to a debtor that can be covered by an existing security agreement and prior perfection. Secured Transactions
G
- Garnishment
- A post-judgment procedure by which a creditor collects a debt from a third party, such as an employer or bank, holding the debtor's property. Civil Procedure
- General Intent
- A mental state requiring only an intent to perform the prohibited act, without a further specific objective. Criminal Law
- Good Faith
- Honesty in fact and the observance of reasonable commercial standards of fair dealing, implied in every contract under the UCC. Contracts
H
- Habitability
- The implied warranty in residential leases that the premises are fit for human occupancy and meet basic living standards. Property
- Hearsay
- An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible unless an exception or exclusion applies. Evidence
- Holographic Will
- A will written and signed entirely in the testator's own handwriting, valid in some jurisdictions without attesting witnesses. Wills & Trusts
I
- Impleader
- A defending party's joinder of a nonparty who may be liable to it for all or part of the plaintiff's claim against it under Rule 14. Civil Procedure
- Implied Warranty of Merchantability
- A warranty by a merchant seller that goods are fit for their ordinary purpose and of fair, average quality. Contracts
- Impossibility
- A defense discharging contractual duties when performance becomes objectively impossible due to an unforeseen event. Contracts
- In Personam Jurisdiction
- A court's power over the parties, established through presence, domicile, consent, or sufficient minimum contacts satisfying due process. Civil Procedure
- In Rem Jurisdiction
- A court's power to adjudicate rights in a specific item of property located within the forum, binding the world as to that property. Civil Procedure
- Indemnity
- A shifting of an entire loss from one liable party to another based on a contractual or equitable relationship. Torts
- Inter Vivos
- A transfer or gift made during the transferor's lifetime, as opposed to one taking effect at death. Wills & Trusts
- Interpleader
- A procedure allowing a stakeholder facing multiple claims to the same property to join all claimants in one suit and avoid multiple liability. Civil Procedure
- Intervening Cause
- A force that arises after the defendant's act and contributes to the harm; a superseding intervening cause cuts off liability. Torts
- Intervention
- A procedure allowing a nonparty with an interest in the litigation to join the suit, as of right or by permission, under Rule 24. Civil Procedure
- Intestacy
- The distribution of a decedent's estate according to statutory default rules when there is no valid will. Wills & Trusts
- Involuntary Manslaughter
- An unintentional killing resulting from criminal negligence or during commission of an unlawful act not amounting to a felony. Criminal Law
- Issue Preclusion
- Another name for collateral estoppel, barring relitigation of an issue already decided in a prior valid final judgment. Civil Procedure
J
- Joinder
- The procedural mechanisms for bringing additional claims or parties into a single lawsuit under Rules 18 through 20. Civil Procedure
- Joint Tenancy
- A concurrent estate with a right of survivorship, requiring the four unities of time, title, interest, and possession. Property
- Judgment as a Matter of Law
- A ruling granted when no reasonable jury could find for the nonmoving party on an issue, formerly called a directed verdict. Civil Procedure
- Judgment Notwithstanding the Verdict
- A post-verdict ruling, now a renewed motion for judgment as a matter of law, overturning a jury verdict unsupported by legally sufficient evidence. Civil Procedure
- Jurisdiction
- A court's authority to hear a case, comprising subject-matter jurisdiction over the dispute and personal jurisdiction over the parties. Civil Procedure
L
- Larceny
- The trespassory taking and carrying away of another's personal property with intent to permanently deprive the owner of it. Criminal Law
- Last Clear Chance
- A doctrine permitting a contributorily negligent plaintiff to recover if the defendant had the final opportunity to avoid the harm. Torts
- Legacy
- A gift of personal property made by will; a general legacy is payable from estate assets generally. Wills & Trusts
- Liquidated Damages
- A contractual stipulation of damages for breach, enforceable if the amount is a reasonable forecast of harm difficult to estimate. Contracts
- Long-Arm Statute
- A state statute authorizing personal jurisdiction over nonresident defendants based on specified contacts with the forum state. Civil Procedure
M
- Mailbox Rule
- The rule that an acceptance is effective upon dispatch, while revocations, rejections, and counteroffers are effective on receipt. Contracts
- Malice Aforethought
- The mental state for common-law murder, satisfied by intent to kill, intent to inflict serious bodily harm, depraved-heart recklessness, or felony murder. Criminal Law
- Marketable Title
- Title reasonably free from doubt and the threat of litigation, which a seller of land impliedly promises to deliver at closing. Property
- Material Breach
- A breach substantial enough to defeat the contract's purpose, excusing the nonbreaching party's performance and permitting suit. Contracts
- MBE
- The Multistate Bar Examination, a 175-scored multiple-choice test covering seven core subjects, administered as one component of the bar exam. Exam Format
- MEE
- The Multistate Essay Examination, a set of six 30-minute essay questions testing analysis across a broad range of bar subjects. Exam Format
- Mens Rea
- The guilty state of mind required for criminal liability, ranging from purpose and knowledge to recklessness and negligence. Criminal Law
- Merchant
- Under the UCC, a person who deals in goods of the kind or holds out specialized knowledge or skill regarding the practices involved. Contracts
- Merger
- The combination of two corporations into one survivor, or the doctrine extinguishing an easement when dominant and servient estates unite in one owner. Business Associations
- MIMIC
- A mnemonic for permissible non-character purposes of prior bad acts evidence: Motive, Intent, Mistake (absence of), Identity, and Common plan. Evidence
- Minimum Contacts
- The constitutional standard requiring a defendant's purposeful connection with the forum such that jurisdiction comports with fair play and substantial justice. Civil Procedure
- Miranda
- The rule requiring police to warn a suspect of the rights to silence and counsel before custodial interrogation, or risk suppression of statements. Criminal Law
- Mirror Image Rule
- The common-law requirement that an acceptance match the offer exactly; a variation operates as a rejection and counteroffer. Contracts
- Mistake
- An erroneous belief about a basic assumption of a contract; mutual mistake may make a contract voidable, while unilateral mistake rarely does. Contracts
- Motion to Dismiss
- A pretrial request to terminate a claim for defects such as lack of jurisdiction, improper venue, or failure to state a claim under Rule 12(b). Civil Procedure
- MPT
- The Multistate Performance Test, a skills exercise requiring examinees to complete a lawyering task using a provided file and library. Exam Format
- Murder
- The unlawful killing of another human being with malice aforethought. Criminal Law
- Mutual Assent
- The meeting of the minds reflected in an objective manifestation of agreement to the same bargain, typically through offer and acceptance. Contracts
N
- Necessaries
- Goods and services essential for living, for which even an incapacitated party may be liable in quasi-contract for their reasonable value. Contracts
- Negligence
- A failure to exercise reasonable care that causes foreseeable harm, requiring duty, breach, causation, and damages. Torts
- Negligence Per Se
- The doctrine treating violation of a safety statute as conclusive of breach where the plaintiff is within the protected class and harm is the type intended to be prevented. Torts
- Negotiable Instrument
- A signed writing containing an unconditional promise or order to pay a fixed sum on demand or at a definite time, transferable by negotiation. Contracts
- Novation
- The substitution of a new party or obligation for an existing one, with the consent of all parties, discharging the original duty. Contracts
- Nuisance
- A substantial and unreasonable interference with another's use and enjoyment of land (private) or with a right common to the public (public). Torts
O
- Offer
- A manifestation of present willingness to enter a bargain, made so as to justify another in believing assent will conclude it. Contracts
- Option Contract
- A contract holding an offer open for a specified time, supported by consideration or made irrevocable by statute, such as a firm offer. Contracts
- Output Contract
- An agreement under which a seller commits to sell all it produces to a buyer, with quantity measured by the seller's good-faith output. Contracts
P
- Parol Evidence Rule
- A rule barring extrinsic evidence of prior or contemporaneous agreements that contradict a writing the parties intended as final and complete. Contracts
- Per Capita
- A method of distribution dividing an estate equally among living members of a generation, by individual head rather than by representation. Wills & Trusts
- Per Stirpes
- A method of distribution under which descendants take by representation the share their deceased ancestor would have received. Wills & Trusts
- Perfection
- The step, usually filing a financing statement or taking possession, that gives a secured party priority over other creditors in the collateral. Secured Transactions
- Personal Jurisdiction
- A court's authority over the parties before it, grounded in the defendant's contacts, consent, presence, or domicile. Civil Procedure
- Piercing the Corporate Veil
- An equitable disregard of the corporate form to hold shareholders personally liable for abuse such as undercapitalization or commingling. Business Associations
- Pinkerton Liability
- The rule holding a conspirator liable for the reasonably foreseeable crimes committed by co-conspirators in furtherance of the conspiracy. Criminal Law
- PMSI
- A purchase-money security interest in goods securing their purchase price, entitled to superpriority if perfected within the applicable grace period. Secured Transactions
- Police Power
- The inherent authority of states to enact laws protecting the public health, safety, welfare, and morals. Constitutional Law
- Possibility of Reverter
- The future interest automatically retained by a grantor who conveys a fee simple determinable. Property
- Power of Appointment
- An authority granted to a donee to designate who will receive an interest in property, exercisable generally or only among a limited class. Wills & Trusts
- Preemption
- The Supremacy Clause principle invalidating state laws that conflict with, or are displaced by, federal law. Constitutional Law
- Preponderance of the Evidence
- The civil burden of persuasion requiring a fact be shown more likely true than not. Civil Procedure
- Present Sense Impression
- A hearsay exception for a statement describing an event made while or immediately after the declarant perceived it. Evidence
- Prima Facie Case
- Evidence sufficient, if unrebutted, to establish each element of a claim and permit the matter to go to the factfinder. Evidence
- Privileges and Immunities Clause
- The constitutional provisions barring states from discriminating against out-of-state citizens regarding fundamental rights and commercial activity. Constitutional Law
- Privity
- The legal relationship between parties to a contract or property interest required for certain rights and obligations to be enforceable. Property
- Probate
- The judicial process of validating a will and administering a decedent's estate, including paying debts and distributing assets. Wills & Trusts
- Promissory Estoppel
- A doctrine enforcing a promise without consideration when the promisor should expect reliance and injustice can be avoided only by enforcement. Contracts
- Proximate Cause
- The requirement that the plaintiff's harm be a reasonably foreseeable consequence of the defendant's conduct, limiting liability. Torts
- Pur Autre Vie
- A life estate measured by the life of a person other than the holder of the estate. Property
- Purchase-Money Mortgage
- A mortgage given by a buyer to secure the loan used to acquire the property, often granted superpriority over prior liens against the buyer. Property
Q
- Quantum Meruit
- A quasi-contractual recovery of the reasonable value of services rendered to prevent unjust enrichment where no enforceable contract exists. Contracts
- Quasi-Contract
- An equitable remedy imposing an obligation to pay for benefits conferred to prevent unjust enrichment, despite the absence of an actual agreement. Contracts
- Quiet Enjoyment
- The implied covenant in a lease that the tenant's possession will not be disturbed by the landlord or one with paramount title. Property
R
- Rational Basis Review
- The most deferential equal protection and due process standard, upholding a law if it is rationally related to a legitimate government interest. Constitutional Law
- Recording Act
- A statute determining priority among competing claims to land based on notice and the order of recording, in race, notice, or race-notice form. Property
- Remainder
- A future interest in a third party that becomes possessory naturally upon the expiration of a prior estate, either vested or contingent. Property
- Removal
- A defendant's transfer of a state-court action to federal court when the case could originally have been filed there. Civil Procedure
- Requirements Contract
- An agreement under which a buyer commits to purchase all of a particular good it needs from one seller, measured in good faith. Contracts
- Res Ipsa Loquitur
- A doctrine permitting an inference of negligence where the harm ordinarily does not occur absent negligence and the instrumentality was in the defendant's control. Torts
- Res Judicata
- Claim preclusion barring relitigation of a claim that was or could have been raised between the same parties in a prior action ending in a valid final judgment. Civil Procedure
- Rescission
- The cancellation of a contract that restores the parties to their precontract positions, available for grounds such as mistake, fraud, or duress. Contracts
- Restitution
- A remedy restoring to a party the value of a benefit conferred on another to prevent unjust enrichment. Contracts
- Reversion
- The future interest retained by a grantor who transfers an estate of lesser duration than the grantor holds. Property
- Revocation
- The withdrawal of an offer before acceptance, or the nullification of a will by physical act or subsequent instrument. Contracts
- Right of First Refusal
- A preemptive right requiring an owner who decides to sell to offer the property first to the holder on the same terms. Property
- Rule Against Perpetuities
- The rule voiding a contingent future interest unless it must vest, if at all, within twenty-one years after a life in being at its creation. Property
S
- Scaled Score
- A statistically adjusted score that equates results across different test administrations so scores represent comparable ability levels. Exam Format
- Search and Seizure
- Government conduct invading a reasonable expectation of privacy or restraining a person, governed by the Fourth Amendment's warrant and reasonableness requirements. Criminal Law
- Secured Transaction
- A transaction in which a debtor grants a creditor an interest in personal property as collateral to secure payment or performance of an obligation. Secured Transactions
- Self-Defense
- A justification permitting the use of reasonable force to protect oneself against the imminent unlawful use of force by another. Criminal Law
- Servient Estate
- The parcel of land that is burdened by an easement for the benefit of another estate or person. Property
- Settlor
- The person who creates a trust by transferring property to a trustee for the benefit of beneficiaries; also called a trustor or grantor. Wills & Trusts
- Severable Contract
- A contract whose performances can be divided into corresponding pairs, so that breach of one part does not necessarily breach the whole. Contracts
- Slander
- A defamatory statement communicated in a transitory form such as spoken words, generally requiring proof of special damages unless slander per se. Torts
- Sovereign Immunity
- The doctrine, embodied in the Eleventh Amendment, barring most suits against a state without its consent. Constitutional Law
- Special Damages
- Damages for specific economic loss that must be pleaded and proven, as opposed to general damages presumed from the wrong. Torts
- Specific Intent
- A heightened mental state requiring intent to bring about a particular further result beyond the conduct itself. Criminal Law
- Specific Performance
- An equitable remedy compelling a breaching party to perform, available where damages are inadequate, as with unique goods or land. Contracts
- Spendthrift Trust
- A trust that restrains a beneficiary's voluntary and involuntary transfer of the interest, shielding it from most creditors. Wills & Trusts
- Standing
- The requirement that a plaintiff have a concrete injury, causally traceable to the defendant, that a favorable decision can redress. Constitutional Law
- Stare Decisis
- The principle that courts should follow precedent and adhere to settled points of law for stability and predictability. Civil Procedure
- State Action
- The requirement that a constitutional violation be fairly attributable to the government rather than to purely private conduct. Constitutional Law
- Statute of Frauds
- A rule requiring certain contracts, such as those for land or not performable within one year, to be evidenced by a signed writing. Contracts
- Statute of Limitations
- A law fixing the time within which a party must commence an action after a claim accrues, barring untimely suits. Civil Procedure
- Strict Liability
- Liability imposed without regard to fault for abnormally dangerous activities, defective products, or certain animals. Torts
- Strict Scrutiny
- The most demanding constitutional standard, requiring a law affecting a fundamental right or suspect class be narrowly tailored to a compelling interest. Constitutional Law
- Subject-Matter Jurisdiction
- A court's authority to hear a particular type of dispute, such as federal-question or diversity jurisdiction, which cannot be waived. Civil Procedure
- Subrogation
- The substitution of one party for another with respect to a claim, allowing an insurer who pays a loss to pursue the responsible party. Torts
- Summary Judgment
- A judgment granted when there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law under Rule 56. Civil Procedure
- Supersedeas Bond
- A bond posted by an appellant to stay enforcement of a judgment pending appeal and protect the prevailing party. Civil Procedure
- Supplemental Jurisdiction
- A federal court's authority to hear additional claims so related to the anchor claim that they form part of the same case or controversy. Civil Procedure
- Suretyship
- An arrangement in which one party promises to answer for the debt or default of another, generally requiring a signed writing. Contracts
T
- Takings Clause
- The Fifth Amendment provision requiring just compensation when government takes private property for public use. Constitutional Law
- Tenancy at Will
- A leasehold of no fixed duration terminable by either party, typically with notice required by statute. Property
- Tenancy by the Entirety
- A concurrent estate available only to married couples, featuring survivorship and protection from unilateral conveyance or individual creditors. Property
- Tenancy in Common
- A concurrent estate in which each cotenant holds an undivided, separately transferable interest with no right of survivorship. Property
- Testamentary Capacity
- The mental ability to make a will, requiring understanding of the nature of the act, the property, and the natural objects of one's bounty. Wills & Trusts
- Testamentary Trust
- A trust created by the terms of a will that takes effect upon the testator's death. Wills & Trusts
- Third-Party Beneficiary
- A non-party to a contract whom the parties intended to benefit and who may therefore enforce the contract. Contracts
- Tortious Interference
- The intentional and improper disruption of another's contractual or prospective business relationship causing economic harm. Torts
- Touch and Concern
- The requirement that a covenant or servitude relate to the use, value, or enjoyment of the land for it to run with the land. Property
- Trespass to Chattels
- An intentional interference with another's possession of personal property causing dispossession or damage short of conversion. Torts
- Trespass to Land
- An intentional physical entry onto another's land without permission, actionable without proof of harm. Torts
- Trustee
- The person or entity holding legal title to trust property and charged with managing it for the beneficiaries under fiduciary duties. Wills & Trusts
U
- UBE
- The Uniform Bar Examination, a portable, standardized bar exam comprising the MBE, MEE, and MPT, producing a transferable score. Exam Format
- UCCJEA
- The Uniform Child Custody Jurisdiction and Enforcement Act, which determines which state has jurisdiction to make and modify custody orders. Family Law
- Ultra Vires
- Corporate action beyond the powers conferred by the charter or law, the modern significance of which is largely limited. Business Associations
- Unconscionability
- A defense allowing a court to refuse enforcement of a contract or term that is grossly one-sided and was unfairly formed. Contracts
- Undue Influence
- Improper persuasion that overcomes a person's free will, a ground for setting aside contracts and wills. Wills & Trusts
- Unilateral Contract
- A contract in which an offer can be accepted only by performance, creating obligation when the act is completed. Contracts
V
- Venue
- The proper geographic location for a trial within a court system, generally where defendants reside or the claim arose. Civil Procedure
- Vested Remainder
- A future interest in an ascertained person not subject to any condition precedent other than the natural end of the prior estate. Property
- Vicarious Liability
- The imposition of liability on one party, such as an employer, for the tortious acts of another committed within the scope of the relationship. Torts
- Void Contract
- An agreement that has no legal effect from the outset and cannot be enforced by either party. Contracts
- Voidable Contract
- A contract that one party may either enforce or rescind, as where it was procured by fraud, duress, or by a minor. Contracts
- Voluntary Manslaughter
- An intentional killing committed in the heat of passion upon adequate provocation, reducing what would otherwise be murder. Criminal Law
W
- Waiver
- The voluntary and intentional relinquishment of a known right. Contracts
- Warranty Deed
- A deed in which the grantor makes covenants of title, such as seisin and quiet enjoyment, assuring the grantee of good title. Property
- Wharton's Rule
- The doctrine that an agreement cannot be prosecuted as conspiracy if the target crime by its nature requires the participation of those same parties. Criminal Law
- Work Product
- The qualified protection from discovery for materials prepared by or for a party in anticipation of litigation. Civil Procedure
- Writ of Certiorari
- A discretionary order by which the Supreme Court agrees to review a lower court's decision. Constitutional Law
Z
- Zone of Interests
- A prudential standing requirement that a plaintiff's interest fall within the range of interests the statute or constitutional provision protects. Constitutional Law