Civ Pro Flashcards
Types of Subject Matter Jurisdiction
- Federal Question Jurisdiction
- Diversity Jurisdiction:
- Supplemental Jurisdiction
Removal Jurisdiction
Allows defendants to move a case from state court to federal court if the case could have originally been filed in federal court
Supplemental Jurisdiction
Allows federal courts to hear additional claims that are related to the original jurisdiction claims, even if they don’t independently meet jurisdictional requirements.
Diversity Jurisdiction
Cases between citizens of different states (complete diversity required) and the amount in controversy must exceed $75,000.
Types of Personal Jurisdiction
- General Jurisdiction
- Specific Jurisdiction
- Long-Arm Statutes
General Jurisdiction
The defendant’s contacts with the forum state are so continuous and systematic that the defendant can be sued there for any claim
Specific Jurisdiction
The defendant’s contacts with the forum state give rise to the claim being filed.
Long arm Statutes
State laws that allow personal jurisdiction over non-residents who engage in certain activities within the state.
Due Process Clause
Requires that the exercise of personal jurisdiction must be fair and reasonable
Venue
Venue is proper where any defendant resides if all defendants reside in the same state, where a substantial part of the events occurred, or where the property is located.
Change of Venue
transfer of a case to another district for convenience of parties and witnesses, or in the interest of justice.
Forum Non Conveniens
Dismissal of a case when another court or forum is significantly more appropriate and convenient for the parties
What are the different types of Pleadings
- complaint
- answer
- motions to dismiss
Complaint
Must include a statement of jurisdiction, a statement of the claim, and a demand for relief.
Answer
The defendant’s response to the complaint, must include defenses and any counterclaims.
Motions to Dismiss (generally)
Includes motions for lack of jurisdiction, improper venue, insufficient process, and failure to state a claim upon which relief can be granted.
Discovery Tools
Interrogatories, depositions, requests for production of documents, requests for admissions, and physical or mental examinations.
Scope of Discovery
Information must be relevant to any party’s claim or defense and proportional to the needs of the case.
Privileges (discovery)
Certain communications are protected from disclosure, such as attorney-client privilege and work product doctrine
Discovery Sanctions
Penalties for failure to comply with discovery rules, including dismissal of claims or defenses, fines, and attorney’s fees.
Motion to dismiss (pretrial motions)
Challenges the legal sufficiency of the opponent’s pleadings
Motion for summary judgement (pretrial motions)
Asserts that there are no genuine disputes of material fact and that the movant is entitled to judgment as a matter of law.
Motion for Judgement on the Pleadings (pretrial motions)
Similar to a motion to dismiss but filed after the pleadings are closed
Notice Pleading
Requires a short and plain statement of the claim showing that the pleader is entitled to relief.
Plausibility Standard
Pleadings must state a plausible claim for relief (Twombly and Iqbal standard)
Right to a jury trial
Guaranteed by the Seventh Amendment in federal courts for civil cases at law.
Jury selection
Process of voir dire to select impartial jurors
Plaintiff must prove each element of the claim by a preponderance of the evidence.
Directed verdict
A ruling that the plaintiff has not presented sufficient evidence to support a claim.
Motion for Judgement as a matter of law (JMOL)
Filed during trial if the opposing party has insufficient evidence to reasonably support its case.
Renewed Motion for Judgment as a Matter of Law (RJMOL)
Filed after the jury verdict, asserting that no reasonable jury could have reached the verdict.
Motion for a New Trial
Filed if there were errors in the trial that affected the outcome.
Appeals
Review of the trial court’s decision by a higher court, limited to issues preserved at trial.
Final Judgment Rule
Only final judgments can be appealed, with some exceptions for interlocutory orders.
Interlocutory Appeals
Immediate appeals for certain orders, such as injunctions, or under the collateral order doctrine.
De Novo Review
No deference to the trial court’s legal conclusions.
Clear Error
Deference to the trial court’s factual findings unless clearly erroneous.
Abuse of Discretion
Deference to the trial court’s discretionary decisions.
Res Judicata (Claim Preclusion) (what are the elements)
A final judgment on the merits, the same parties or their privies, and the same cause of action.
Res Judicata (Claim Preclusion) (what is the effect)
Prevents the same parties from relitigating the same claim.
Collateral Estoppel (Issue Preclusion) (what are the elements)
A final judgment on the merits, the same issue was actually litigated and determined, and the issue was essential to the judgment.
Collateral Estoppel (Issue Preclusion) (what is the effect)
Prevents the same issue from being relitigated by the same parties in future lawsuits.
