Jurisdiction and Pleadings in Civil Procedure

Subject Matter Jurisdiction (SMJ)

The authority of a court to hear a particular type of case.

Federal Question Jurisdiction

The jurisdiction of federal courts to hear cases arising under federal law.

Diversity Jurisdiction

The jurisdiction allowing federal courts to hear cases between citizens of different states when the amount in controversy exceeds $75,000.

Supplemental Jurisdiction

The ability of federal courts to hear additional claims related to a case with SMJ if they arise from the same case or controversy.

Removal

The process that allows a defendant to transfer a case from state court to federal court when the federal court has SMJ.

Personal Jurisdiction (PJ)

The authority of a court over the parties involved in a legal action.

Minimum Contacts Test

A legal standard requiring that a defendant has sufficient connections to a forum to justify the court's jurisdiction.

Specific Jurisdiction

Jurisdiction over claims that arise directly from the defendant's contacts with the forum state.

General Jurisdiction

Jurisdiction that allows a court to hear any claim against a defendant who has continuous and systematic contacts with the forum.

Venue

The proper geographic location for a lawsuit to be filed.

Federal Venue

The appropriate venue for federal cases based on the residence of defendants or where significant events occurred.

Transfer of Venue

The process of moving a case to another federal district for convenience or if the original venue is improper.

Forum Non Conveniens

A legal doctrine allowing a court to dismiss a case if there is a more appropriate forum available.

Complaint

The initial legal document filed by a plaintiff outlining the claims and grounds for relief.

Answer

The defendant's formal response to the complaint, addressing the allegations and presenting defenses.

Counterclaim

A claim made by a defendant against the plaintiff in response to the original complaint.

Compulsory Counterclaim

A counterclaim that arises from the same transaction or occurrence as the original claim and must be raised in the current case.

Permissive Counterclaim

A counterclaim that does not arise from the same transaction or occurrence and may be brought in a separate action.

Crossclaim

A claim by one party against a co-party that arises from the same transaction or occurrence.

Amended Pleadings

The process by which parties can modify their pleadings, typically allowed once as a matter of course within a specific time frame.

Motion to Dismiss

A request to terminate a case based on procedural or substantive grounds.

Motion for Summary Judgment

A request for a court to rule in favor of one party without a trial, asserting that there are no genuine disputes of material fact.

Motion for Judgment as a Matter of Law (JMOL)

A request made during trial claiming that no reasonable jury could find for the opposing party.

Renewed JMOL

A post-trial motion asserting the same grounds as a previous JMOL.

Motion for a New Trial

A request for a new trial based on errors that occurred during the original trial.

Scope of Discovery

The range of information that parties may obtain relevant to any claim or defense.

Mandatory Disclosures

Information that parties must disclose without a discovery request, including initial disclosures and expert testimony.

Interrogatories

Written questions that require written responses under oath.

Requests for Production

Requests for parties to produce documents or tangible items relevant to the case.

Depositions

Oral questioning of a party or witness under oath.

Requests for Admission

Requests for a party to admit the truth of certain facts.

Subpoena

A court order requiring a non-party to produce documents or testify.

Protective Orders

Court orders that limit discovery to prevent undue burden or harassment.

Right to Jury Trial

The constitutional guarantee of a jury trial in civil cases at law.

Voir Dire

The process of selecting a jury through questioning potential jurors.

Final Judgment Rule

The principle that appeals are generally allowed only from final judgments that resolve all claims.

Interlocutory Appeals

Appeals of non-final orders permitted in limited circumstances.

Claim Preclusion (Res Judicata)

The doctrine that bars relitigation of claims that were or could have been raised in a prior case.

Issue Preclusion (Collateral Estoppel)

The doctrine that prevents relitigation of issues that were actually litigated and decided in a prior case.

Erie Doctrine

The principle that federal courts must apply state substantive law and federal procedural law in diversity cases.

Class Actions

Lawsuits where a group of people with common claims can sue as a collective.

Summary Judgment

A legal determination that no genuine dispute exists regarding material facts, allowing for a judgment as a matter of law.

Discovery Disputes

Conflicts that arise during the discovery process regarding the scope and compliance of discovery requests.