Civil Procedure Lecture Vocabulary

Vocabulary flashcards generated from civil procedure lecture notes covering jurisdictional types, federal rules of civil procedure, and key constitutional case precedents.

Subject Matter Jurisdiction

One of three core factors determining where a case can be heard, referring to a court's legal authority to hear a specific type of case.

Personal Jurisdiction

A court's legal authority to make a decision over a specific defendant, requiring compliance with long-arm statutes and Due Process requirements.

Venue

One of the three factors determining the proper geographic location where a case can be heard.

28 U.S.C. § 1332 - Diversity Jurisdiction

Federal statutory grant allowing federal courts to hear cases between citizens of different states where the amount in controversy exceeds $75,000$, excluding interest and costs.

Class Action Fairness Act (CAFA)

Federal statute allowing federal courts jurisdiction over class actions with minimal diversity (at least 1 plaintiff and 1 defendant from different states) and over $5\text{ Million}$ in controversy.

Rule 12(b)(6)

A motion under the Federal Rules of Civil Procedure allowing a defendant to move to dismiss a case for failure to state a legal claim upon which relief can be granted.

Rule 26(b)(1) — Relevant Information

Federal rule allowing attorneys to seek relevant documents and testimony without court orders and requiring automatic disclosure of specific categories of information.

Rule 33 — Interrogatories

Written discovery questions concerning legal claims that are directed only to parties of the lawsuit and must be answered under oath.

Rule 34 — Requests for Production

Discovery mechanism used to request documents, land, or other tangible items from a party, which must specifically identify what is being requested.

Rule 45 — Subpoenas

Legal instruments used during discovery to obtain documents, items, or testimony from non-parties to a lawsuit.

Rule 30 — Depositions

Formal questioning of a sworn witness recorded by a court reporter where attorneys ask questions that counsel cannot prepare for the witness.

Due Process Clause (14th Amendment)

Constitutional requirement specifying that a state cannot deprive someone of property without due process, ensuring fairness in personal jurisdiction through traditional bases or minimum contacts.

Domicile

A traditional automatic basis for personal jurisdiction referring to a defendant's primary legal residence or a corporation's headquarters.

Physical Presence

A traditional automatic basis for personal jurisdiction where a defendant is served with court papers while physically inside the state.

Waiver

A traditional basis for personal jurisdiction that occurs when a defendant fails to object to jurisdiction early in the legal case.

Specific Jurisdiction

Court authority over an out-of-state defendant when the legal claim arises directly from or relates to the defendant's specific activities and contacts within that forum state.

General Jurisdiction

Personal jurisdiction that applies when a person or business is 'at home' in a state due to deep, continuous, and substantial ties.

In Rem Jurisdiction

A court's power to decide rights in a specific property or item ('against a thing') located within its geographic area, which must be attached at the beginning of the suit.

Full Faith & Credit Clause

Constitutional mandate requiring every U.S. state to respect and honor the public laws, records, and court decisions of every other state.

Gordon v. Steele

Precedent establishing that citizenship for diversity jurisdiction is determined based on the domiciles of the parties at the exact time the complaint was filed.

Pennoyer v. Neff

Historic decision establishing a rigid territorial approach to personal jurisdiction requiring physical presence or early property attachment within the state.

International Shoe Co. v. Washington

Landmark case replacing rigid territorial jurisdiction with the minimum contacts standard, requiring that exercising jurisdiction aligns with fair play and substantial justice.

World-Wide Volkswagen v. Woodson

Precedent establishing that foreseeability alone is insufficient for personal jurisdiction; the defendant must purposefully direct activity toward the forum state.

Burger King v. Rudzewicz

Case holding that purposeful availment can be established through a deliberate, substantial, continuing contractual relationship with a forum state without requiring physical presence.

Hess v. Pawloski

Case validating state long-arm statutes where non-residents driving through a state impliedly consent to personal jurisdiction for state motor vehicle accidents.