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Bar Exam Glossary

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Bar Exam Resources / Exam Format & Study Skills28 min readUpdated June 14, 2026

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
Elective Share
A surviving spouse's statutory right to claim a fixed fraction of the deceased spouse's estate in lieu of the will's provisions. Wills & Trusts
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
Bar Exam Project · barexamproject.com · all4jds.com

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