CIVIL PROCEDURE

Question 1

Federal Subject Matter Jurisdiction

Answer 1

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.

Question 2

Removal from State Court to Federal Court

Answer 2

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.

Question 3

Personal Jurisdiction

Answer 3

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.

Question 4

In Personam Jurisdiction

Answer 4

In personam jurisdiction is the jurisdictional power of a court over the defendant’s person.

Question 5

In Rem Jurisdiction

Answer 5

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.

Question 6

Quasi In Rem Jurisdiction

Answer 6

Quasi in rem jurisdiction is jurisdiction over a person based on that person’s interest in property located within the court’s jurisdiction.

Question 7

Service of process

Answer 7

Under FRCP, service of process is the formal delivery of a summons.

Question 8

Venue

Answer 8

Venue is the proper district in which a party should bring an action.

Question 9

The Erie Doctrine (Choice of Law)

Answer 9

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.

Question 10

Pleadings

Answer 10

Under FRCP, a pleading is a document containing the factual allegations that each party is required to communicate to the opponent before trial.

Question 11

Counter Claim

Answer 11

Under FRCP, a counter claim is an offensive claim against an existing opposing party.

Question 12

Crossclaim

Answer 12

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.

Question 13

Impleader

Answer 13

Under FRCP, impleader is a process by which a third party is brought into a lawsuit, likely through a defendant’s third-party action.

Question 14

Joinder

Answer 14

Under FRCP, joinder is the uniting of parties or claims in a single lawsuit.

Question 15

Intervention

Answer 15

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.

Question 16

Interpleader

Answer 16

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.

Question 17

Class Action

Answer 17

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.

Question 18

Interrogatories

Answer 18

Under FRCP, interrogatories are written questions that are served on a party- no more than 25 interrogatories are permitted

Question 19

Depositions

Answer 19

Under FRCP, depositions are testimony by a party or a witness given outside of the trial.

Question 20

Direct Verdicts ( Motions for Judgment as a Matter of Law)

Answer 20

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.

Question 21

Basis for Granting Motion for Judgment as a Matter of Law.

Answer 21

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.

Question 22

Jury Veredicts

Answer 22

Under FRCP, verdicts are decisions by the jury on the issues presented at trial.

Question 23

Res Judicata

Answer 23

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.

Question 24

Collateral Estoppel

Answer 24

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.

Question 25

Hebeas Corpus

Answer 25

Under constitutional law, the writ of habeas corpus protects individuals from unlawful government restrain.