Chapter 2 Flashcards
In personam (defendant)
jurisdiction requires that defendant be resident of, located within, or acted within physical boundaries of the court’s authority
In rem (property)
jurisdiction applies when property that is the subject of the dispute is located within physical boundaries of the court’s authority
Federal courts must have jurisdiction based on
diversity of federal question
Diversity jurisdictions exist when the dispute is between citizens of different states and
amount in controversy exceeds $75,000
Pleadings
Documents filed to start and respond to a lawsuit.
Complaint (Civil pleading)
Filed by the plaintiff to start the lawsuit
Answer
filed by defendant in response to the complaint.
Interrogatories
Written questions from one side to the other, signed under oath.
Request for Production
either party can ask the other to produce documents it has in its possession.
Civil Procedure are set of rules that establish
how a lawsuit proceeds from beginning to end
The process of a Civil Case
Complaint, Discovery, Selection of a jury, phases of a jury trial
Deposition
Oral testimony given by a witness in person under oath
Direct exam
plaintiffs ask questions of their own witnesses; this is direct exam. Ask open ended questions on direct exam
Cross exam
questioning on the adverse side of a hostile witness
Closing Argument
Each side summarizes the evidence and makes arguments.
