Week 1 | Overview of Civil Procedure and Introduction to Personal Jurisdiction

Civil Procedure

The governing rules and framework of civil (non-criminal) litigation.

Core Objective of Civil Procedure

Ensuring that the court system brings together the right people in the right place arguing about the right issues.

Life Cycle of a Civil Lawsuit

The phases include Pre-Litigation, Initial Pleadings, Discovery, Pre-Trial Motions, Trial & Judgment, and Appeals.

Pre-Litigation Phase

The stage where the attorney meets with the client to analyze the legal dispute and evaluate claims.

Demand Letter

An initial letter issued to the opposing party outlining the legal position and inviting pre-suit resolution.

Alternative Dispute Resolution (Mediation)

A confidential process using a mediator to negotiate a settlement outside of court.

Initial Pleadings Phase

The stage where the plaintiff’s attorney files a complaint in the appropriate court.

Filing the Complaint

The process where the plaintiff's attorney files a formal request in court stating their case.

Issuance of Summons

Official court notice informing the defendant of the lawsuit including case specifics.

Service of Process

The procedure used to formally notify the defendant of the legal action against them.

Scheduling Order

Court-issued document that sets deadlines for various procedural steps in the litigation.

Discovery Phase

Allows both parties to exchange information and evaluate the strengths and weaknesses of their cases.

Interrogatories

Written questions requiring sworn, written responses from the opposing party.

Requests for Production (RFPs)

Written demands for the production of relevant documents and evidence.

Subpoenas

Legal orders compelling non-party third parties to provide testimony or evidence.

Depositions

Live oral examinations of parties or witnesses under oath recorded by a court reporter.

Motion for Summary Judgment (MSJ)

Filed to resolve claims without trial by showing no genuine dispute of material fact.

Trial

Fact-finding proceeding conducted before a judge or jury.

Judgment

The final legal decision issued by the court that resolves the lawsuit.

Appeals

Process where the losing party seeks review from a higher court.

Jurisdiction

The court's legal authority to issue a judgment recognized by other courts.

Subject Matter Jurisdiction (SMJ)

Authority of a court over the type of case or claim being litigated.

Personal Jurisdiction (PJ)

Authority of a court over the defendant or property involved in the case.

Article III, Section 1

Establishes the U.S. Supreme Court and grants Congress authority to create inferior federal courts.

14th Amendment (Due Process Clause)

Prohibits states from depriving life, liberty, or property without due process of law.

Pennoyer v. Neff (1877)

A landmark case that established principles of personal jurisdiction.

Power (in Personal Jurisdiction)

Refers to physical presence, property ownership, or domicile in the forum state.

Consent

Defendant's voluntary agreement to a court's jurisdiction.

Notice

Proper legal service of process to inform a defendant of a lawsuit.

In Personam Jurisdiction

Court's legal power over the person of the defendant.

In Rem Jurisdiction

Court's power over property located within the forum state that is the subject of litigation.

Quasi In Rem Jurisdiction

Judicial authority based on property owned by an out-of-state defendant within the forum state.

Domicile/Residence

Defendant physically resides in the forum state establishing in personam jurisdiction.

Tag Jurisdiction

Jurisdiction established by serving a defendant while they are physically present in the forum state.