UPenn--CivPro--Outline (CG)

Territorial Jurisdiction (TJ)

The authority of a court to hear cases based on geographical location; requires both constitutional authority and statutory authorization in the jurisdiction of the case.

Subject Matter Jurisdiction (SMJ)

The legal ability of a court to hear a particular type of case, limited to matters that fall within federal question jurisdiction—cases arising under the Constitution, federal laws, or treaties—or diversity jurisdiction, which covers cases involving parties from different states with an amount in controversy exceeding $75,000.

Removal

The legal procedure that allows defendants to transfer a case filed in state court to federal court, typically based on the belief that the federal court will provide a more favorable outcome.

Joinder

The legal principle that permits the combination of multiple parties or claims in a single lawsuit, designed to promote judicial efficiency and fairness by consolidating related issues for resolution.

Supplemental Jurisdiction

A doctrine that enables federal courts to hear additional claims that are not independently eligible for federal jurisdiction but are related to claims that are, fostering judicial economy by allowing the resolution of all related issues in one forum.

Venue

The appropriate location where a lawsuit is tried, as determined by statutes and rules that consider factors such as the residence of the parties involved and the location of events giving rise to the claim.

Pleadings

Formal, legal documents filed in court that delineate each party’s claims, defenses, and responses, which serve as a framework for the litigation process.

12(b)(6) Motion to Dismiss

A specific type of motion filed by a defendant, seeking to dismiss a case on the grounds that the plaintiff has failed to state a claim upon which relief can be granted, essentially arguing that the legal complaint is insufficient.

Jurisdiction

The lawful authority granted to a court or legal body to make legal decisions and judgments within a defined scope, often relating to geographic boundaries, subject matter, or specific parties.

Work Product Protection

A legal principle that protects documents and materials created by an attorney in preparation for litigation from being disclosed to opposing parties, promoting candid legal analysis and strategy.

Default Judgement

A court ruling that is made in favor of one party when the opposing party fails to respond or appear in court, resulting in the automatic loss of the case for the absent party.

Erie Doctrine

A critical legal doctrine which mandates that federal courts must apply state substantive law in cases involving state law issues, ensuring that similar cases yield consistent outcomes whether they are tried in state or federal court.

Federal Question Jurisdiction

The jurisdiction of federal courts to adjudicate cases that involve the interpretation or application of the U.S. Constitution, federal statutes, or treaties, ensuring that federal laws are uniformly interpreted.

Diversity Jurisdiction

A form of jurisdiction that allows federal courts to hear cases that involve parties from different states, provided the amount in controversy exceeds $75,000, aimed at preventing potential state court biases.

Judgment as a Matter of Law (JMOL)

A motion presented during or after a trial, requesting that the judge direct a verdict in favor of one party based on the evidence presented, arguing that no reasonable jury could reach a different conclusion.

Claim Preclusion

Commonly referred to as res judicata, this principle prevents parties from re-litigating claims that have already been judged on the merits in a final decision, reinforcing the finality of legal determinations.

Issue Preclusion

Also known as collateral estoppel, it bars parties from contesting factual issues that have already been determined in a prior case, thus conserving judicial resources and reducing the risk of conflicting decisions.

Pretrial Conference

A procedural meeting facilitated by a judge, attended by the litigating parties, aimed at discussing and addressing procedural issues, evidentiary disputes, and trial logistics to streamline the upcoming proceedings.

Lookback Period

The specified timeframe within which defendants are prohibited from removing a case to federal court based on diversity jurisdiction, designed to prevent gamesmanship by establishing stability and predictability in jurisdictional decisions.

Common Nucleus of Operative Fact

A legal standard used to determine whether multiple claims arise from the same core set of facts, thereby allowing for their adjudication together in one case under supplemental jurisdiction.

Class Action

A lawsuit in which one or several plaintiffs file a claim on behalf of a larger group of individuals who share a common interest or legal grievance, aiming for efficiency in addressing widespread issues.

Impleader

A procedural mechanism whereby a defendant brings a third party into an ongoing lawsuit, asserting that this third party is liable for all or part of the plaintiff's claim, thereby broadening the scope of the case.

Voluntary Dismissal

The right of a plaintiff to withdraw or dismiss their case without the need for a formal court order, typically governed by specific conditions and rules laid out in procedural statutes.

Involuntary Dismissal

A court-initiated dismissal of a case, often occurring when a plaintiff fails to comply with procedural requirements or fails to prosecute their case, resulting in the cessation of the lawsuit.

Juror Qualifications

A set of criteria required for individuals to serve on a jury, including age, citizenship, and residency, aimed at ensuring that jurors are representative and capable of fulfilling their duties.

Voir Dire

The process by which potential jurors are interrogated by attorneys and the court to assess their qualifications and biases, ensuring a fair and impartial jury is selected for trial.

Motion for a New Trial

A formal request to the court to reopen a case and hold a new trial based on claims of judicial error, misconduct, or other significant issues that may have affected the trial's outcome.

Final Judgment

The authoritative resolution issued by a court that conclusively determines the rights of the parties involved in a lawsuit, effectively ending the legal dispute and permitting appeals.

Jurisdictional Challenge

An objection raised by a party regarding the authority of the court to hear a particular case, often questioning whether the court has the requisite jurisdiction over the parties or subject matter.

Preclusion Effect

The legal principle whereby a judgment prevents the re-litigation of the same issues in future lawsuits, thereby promoting the finality of judgments and judicial efficiency.

Supplemental Jurisdiction Analysis

The evaluation process that determines if additional claims related to a primary claim can be heard in federal court under the supplemental jurisdiction doctrine, focusing on their connection to qualifying claims.

Trial by Jury

The constitutional right established by the Seventh Amendment that allows parties in civil cases to have their disputes resolved by a jury of their peers, ensuring community participation in the justice process.

Intervenor

An individual or entity that voluntarily joins an ongoing lawsuit because they have a vested interest in the outcome, seeking to protect their rights or interests that might be affected by the court's decision.

Discovery

The procedural phase prior to trial during which parties exchange relevant information and evidence through various methods such as interrog

Personal Jurisdiction

The authority of a court to exercise power over a particular defendant or item of property, typically established through the defendant's physical presence, residency, or sufficient contacts with the forum state.

Long-Arm Statute

A statute that allows a state to extend its jurisdiction over out-of-state defendants who have sufficient minimum contacts with the state, ensuring that defendants cannot escape liability merely by being located outside the state.

Declaratory Judgment

A court ruling that determines the rights and obligations of parties under a legal controversy without ordering any specific action or providing a remedy, often used to clarify uncertain legal relationships.

Counterclaim

A claim that a defendant makes against a plaintiff in response to the original complaint, effectively turning the tables and allowing the defendant to seek relief for their own grievances.

Interpleader

A procedural device allowing a party holding contested funds or property to initiate a lawsuit and compel all parties claiming an interest to litigate their claims, thereby protecting the holder from multiple liabilities.

Judicial Notice

A legal doctrine that allows a court to recognize and accept certain facts as true without requiring formal proof, often used for widely-known facts or established records.

Preliminary Injunction

A court order issued early in a lawsuit to prevent a party from taking certain actions until the case can be decided, aimed at preserving the status quo and preventing irreparable harm.

Summary Judgment

A judgment entered by a court for one party and against another without a full trial, based on the assertion that there are no genuine disputes over material facts and the moving party is entitled to judgment as a matter of law.

Respondeat Superior

A legal doctrine holding an employer or principal legally responsible for negligent actions performed by an employee or agent during the course of their employment, establishing vicarious liability.

Factual Question vs. Legal Question

A factual question pertains to the events and circumstances of a case, while a legal question involves the application of law to those facts, often determining how a case will be adjudicated.

Affirmative Defense

A type of defense in which the defendant not only denies the allegations made by the plaintiff but also presents additional evidence or arguments that, if proven, may provide a legal justification for the defendant's actions.

Motion for Summary Judgment

A request made to the court by either party seeking to resolve the case without a trial, arguing that the evidence presented shows there are no genuine issues of material fact requiring a trial.

Judgment Proof

A term describing a defendant's financial status, indicating that they have no assets or income that can be seized to satisfy a judgment, thereby making it unlikely that a judgment would be collectible.

Statute of Limitations

The law that sets the maximum time period within which legal proceedings must be initiated, after which claims are barred, promoting diligence and ensuring that cases are resolved while evidence is still fresh.

Claim Splitting

The act of dividing a single claim into multiple lawsuits, which can lead to a waiver of the right to bring separate actions for claims arising from the same factual circumstances, often prohibited in certain jurisdictions.

Ex Parte Communication

Communication with the judge or court by one party without the presence or knowledge of the other party, typically considered improper and potentially leading to judicial bias.

Collateral Attack

An attempt to undermine or invalidate a judgment in a separate proceeding instead of through a direct appeal, often focusing on issues such as jurisdiction or due process.

Civil Contempt

A legal finding that an individual has disobeyed a court order, resulting in penalties intended to compel compliance with the order, including fines or imprisonment.

Class Certification

The judicial approval process that allows a lawsuit to proceed as a class action, affirming that the claims of the representative parties are typical of the claims of the entire class and that common issues predominate.

Discovery Disputes

Conflicts arising during the discovery phase of litigation regarding the exchange of evidence and information, which may require court intervention to resolve issues such as relevance, privilege, or scope.

Appeal

The legal process through which a party requests a higher court to review and change the decision of a lower court, often involving claims of legal error or misinterpretation of the law.

Severance of Claims

The process of separating multiple claims or parties in a lawsuit into different cases, often allowing for more efficient trial proceedings and reducing complexity.

Special Appearance

A legal term used when a defendant appears in court solely to contest the court's jurisdiction without submitting to the court's jurisdiction for other purposes.

Joint Tortfeasors

Two or more parties that are jointly liable for a single tort, allowing the plaintiff to pursue claims against each of them for the full amount of damages resulting from the wrong.

Pro Hac Vice

A legal term referring to an attorney's permission to participate in a specific case in a jurisdiction where they are not licensed, typically requiring a local attorney to sponsor their appearance.

Mediation

A form of alternative dispute resolution (ADR) in which a neutral third party facilitates negotiations between disputing parties to help them reach a mutually acceptable settlement.

Arbitration

A binding form of alternative dispute resolution where a neutral third party, known as an arbitrator, hears both sides of a dispute and makes a decision that is typically enforceable by law.

Statutory Interpretation

The process by which courts analyze and construe legislative enactments to determine their meaning and application, often employing rules of construction and legislative intent.