CIVIL PROCEDURE Flashcards
Federal Subject Matter Jurisdiction
Subject matter jurisdiction refers to a court’s ability and competence to hear the subject matter-jurisdiction (el tema) of the case before it. Unlike personal jurisdiction, subject matter jurisdiction can never waived or agreed to by the parties. Federal subject matter jurisdiction is obtained primarily through federal question jurisdiction or diversity jurisdiction, but also may arise by supplemental jurisdiction or by statute.
Removal from State Court to Federal Court
Removal is a procedural move that allows a defendant to have a case that was filed by the plaintiff in state court removed to a federal court in the district in which the state court sits.
Personal Jurisdiction
Personal jurisdiction refers to a court’s power over a defendant. The constitution requires that there be certain minimum contacts between the defendant and the forum state for a court to exercise personal jurisdiction over the defendant. Failure to object to personal jurisdiction waives lack of personal jurisdiction as a defense.
In Personam Jurisdiction
In personam jurisdiction is the jurisdictional power of a court over the defendant’s person.
In Rem Jurisdiction
In rem jurisdiction is the power of a court to adjudicate the rights to a given piece of property, including the power to seize and hold it.
Quasi In Rem Jurisdiction
Quasi in rem jurisdiction is jurisdiction over a person based on that person’s interest in property located within the court’s jurisdiction.
Service of process
Under FRCP, service of process is the formal delivery of a summons.
Venue
Venue is the proper district in which a party should bring an action.
The Erie Doctrine (Choice of Law)
Under the Erie Doctrine, where a federal court’s jurisdiction is based on diversity jurisdiction, the court will apply federal procedural law and state substantive law to resolve claims under state law. A law is considered substantive if it affects the outcome of the case.
Pleadings
Under FRCP, a pleading is a document containing the factual allegations that each party is required to communicate to the opponent before trial.
Counter Claim
Under FRCP, a counter claim is an offensive claim against an existing opposing party.
Crossclaim
Under FRCP, a cross claim is a claim that arises between co-defendants or co-plaintiffs in a case and that relates to the subject of the original claim or counterclaim.
Impleader
Under FRCP, impleader is a process by which a third party is brought into a lawsuit, likely through a defendant’s third-party action.
Joinder
Under FRCP, joinder is the uniting of parties or claims in a single lawsuit.
Intervention
Under FRCP, intervention is the act of entering into a lawsuit by a third party who was not a named party to the action, but has an interest in the outcome.
Interpleader
Under FRCP, interpleder is a suit to determine a matter of claim of right to property to avoid multiple litigations and the threat of inconsistent results.
Class Action
Under FRCP, a class action is lawsuit in which a single person or a small group of people represents the interest of a larger group.
Interrogatories
Under FRCP, interrogatories are written questions that are served on a party- no more than 25 interrogatories are permitted
Depositions
Under FRCP, depositions are testimony by a party or a witness given outside of the trial.
Direct Verdicts ( Motions for Judgment as a Matter of Law)
Under FRCP, a motion for judgment as a matter of law is a motion made at trial that would take the case away from the jurors. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment.
Basis for Granting Motion for Judgment as a Matter of Law.
Judgment as a matter of law is granted if reasonable people could not disagree on the result. In ruling on the motion, courts view the evidence in the light most favorable to the non moving party.
Jury Veredicts
Under FRCP, verdicts are decisions by the jury on the issues presented at trial.
Res Judicata
Under the doctrine of res judicata, a final judgment on the merits precludes the parties from relitigating an identical claim in any subsequent action. For res judicata to attach to a judgment it must be a valid final judgment on the merits.
Collateral Estoppel
Under the doctrine of collateral estoppel, once a court has decided an issue of fact or law that is necessary to its judgment, re-litigation of that issue on a different cause of action involving the same parties is precluded.
Hebeas Corpus
Under constitutional law, the writ of habeas corpus protects individuals from unlawful government restrain.
