Civil Procedure Outline for Objective Exam

Vocabulary flashcards covering the major legal concepts, doctrines, statutes, and procedural rules for federal civil procedure based on Professor George's objective exam outline.

Personal Jurisdiction

The requirement that a defendant be amenable to the forum state’s jurisdiction and be served with proper notice.

In Personam Jurisdiction (Pennoyer v. Neff)

State jurisdiction over the person, resulting in a judgment in plaintiff's favor that is binding in all states, for the full amount of damages, and enforceable repeatedly until fully collected.

In Rem Jurisdiction (Pennoyer v. Neff)

State jurisdiction over interests in property that affects everyone’s interests in a res (both parties and nonparties), does not result in a money judgment, and does not require enforcement outside the forum.

Quasi In Rem Jurisdiction (Pennoyer v. Neff)

Jurisdiction over seized property where the plaintiff’s claim is unrelated to the property; it entitles plaintiff only to the attached property, is not personal, and cannot be enforced outside the forum or more than once.

Status Jurisdiction

A form of state jurisdiction involving authority to adjudicate matters such as divorce, adoption, citizenship, and mental competence.

Minimum Contacts Test

The standard established in International Shoe Co. v. Washington that replaced state power with reasonableness and fairness to evaluate amenability to personal jurisdiction.

Traditional Bases for In Personam Jurisdiction

Four bases that establish jurisdiction without requiring the minimum contacts test: residence in the forum state, consent to jurisdiction, waiver of objection, and (in some jurisdictions) physical presence in the forum when served.

Express Consent to Jurisdiction

Affirmative agreement to submit to a forum's jurisdiction, exemplified by corporate registration statutes (Mallory) and forum selection clauses (Carnival Cruise).

Implied Consent to Jurisdiction

Jurisdiction inferred through conduct, such as non-resident motorists statutes (Hess v. Pawloski).

Long Arm Statute

A state legislative act that either lists specific activities (such as doing business in the state) creating personal jurisdiction or reaches to the full limits of constitutional due process.

Specific Jurisdiction

Personal jurisdiction exercised when the lawsuit arises from or relates to the nonresident defendant’s contacts with the forum state.

General Jurisdiction

Personal jurisdiction exercised when the lawsuit is unrelated to the defendant’s forum contacts, requiring contacts so continuous and systematic as to render the defendant essentially at home in the forum state.

Fair Play and Substantial Justice Test

A five-factor balancing test assessing burden on the defendant, plaintiff’s interest in convenient relief, the forum state’s interest, shared states' social policies, and the judicial system's efficiency.

Mullane Notice Requirement

Constitutional due process rule holding that notice must be reasonably calculated, under all circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to appear and present objections.

Fed. R. Civ. P. 4(e)

The federal rule governing service on a competent adult, authorizing service under state law, personal delivery, leaving copies at defendant's dwelling with a person of suitable age and discretion, or serving an appointed agent.

Venue

Procedural rules established under 28 U.S.C. § 1391 intended to ensure fairness to the defendant and the geographic allocation of caseload within the forum state.

Forum Non Conveniens

A common law doctrine used to move cases from one forum to another based on fairness and convenience.

Subject Matter Jurisdiction

The court's authority to adjudicate based on the type of case and, in some cases, the dollar amount in controversy.

28 U.S.C. § 1331

The federal statute granting federal district courts original subject matter jurisdiction over civil actions arising under the Constitution, laws, or treaties of the United States.

28 U.S.C. § 1332

The federal statute granting diversity jurisdiction over claims between citizens of different states, or state citizens and foreign citizens, where the amount in controversy exceeds $\$75,000$.

Complete Diversity

The requirement under 28 U.S.C. § 1332 that all plaintiffs must have different state citizenship than all defendants.

Nerve Center

The legal test used to define a corporation's principal place of business for diversity jurisdiction citizenship.

St. Paul Mercury Test

The rule establishing that the amount in controversy for federal subject matter jurisdiction is determined by the plaintiff’s good faith pleading.

Supplemental Jurisdiction

The jurisdictional basis allowing a federal court to hear a related claim that lacks independent diversity or federal question jurisdiction.

Notice of Removal

The document filed by a defendant in federal court to remove a state-court action, attaching all state pleadings and providing notice to the state court and all parties.

Original Jurisdiction

The authority of a court to serve as the required forum at the beginning of a case.

Appellate Jurisdiction

The authority of a court to adjudicate a case only after it has been heard in a lower court or agency.

Rules of Decision Act

Federal statute providing that the laws of the several states shall be regarded as rules of decision in civil actions in federal courts, except where federal law otherwise requires.

Erie Railroad Co. v. Tompkins

Supreme Court decision reversing Swift v. Tyson and holding that when state law applies in federal court, the court must apply the law of the state in which it sits.

Outcome Determinative Test

The test coined in Guaranty Trust v. York providing that the Erie doctrine mandates state law where it affects substantive rights that are potentially outcome determinative.

Byrd v. Blue Ridge Balancing Test

A modification of the outcome determinative test requiring courts to balance state and federal interests, giving added weight to state laws that are definitively outcome determinative.

Rules Enabling Act (28 U.S.C. § 2072)

The statute providing that the Supreme Court may enact the Federal Rules of Civil Procedure, provided that no rule abridge, enlarge, or modify any substantive right.

Twin Aims of Erie

The two policy goals recognized in Hanna v. Plumer: (1) to discourage forum shopping, and (2) to avoid the inequitable administration of the laws.

Most Significant Relationship Test

The Texas common law choice of law rule from Duncan v. Cessna used to determine the governing law in the absence of a statutory rule or valid contractual choice of law clause.

Complaint

Plaintiff's initial federal pleading, required to contain an allegation of subject matter jurisdiction, a short and plain statement of the claim showing entitlement to relief, and a demand for judgment.

Twombly / Iqbal Standard

The standard requiring a properly stated claim to contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face.

Affirmative Defense

A defense that must be pleaded in the answer or it is waived, such as statute of limitations, res judicata, contributory negligence, or duress.

F.R.C.P. 11

The rule requiring signature on pleadings certifying reasonable inquiry that filings are not for an improper purpose, are warranted by law, and have factual contentions supported by evidence.

Motion for More Definite Statement (F.R.C.P. 12(e))

A pre-answer motion used when a pleading is so vague and ambiguous that the responding party cannot reasonably be expected to respond.

Motion to Strike (F.R.C.P. 12(f))

A motion used to challenge any insufficient defense, or any redundant, immaterial, impertinent, or scandalous matter in a pleading.

Motion to Dismiss for Failure to State a Claim (F.R.C.P. 12(b)(6))

A motion used by a defendant to challenge the legal sufficiency of a complaint.

Compulsory Counterclaim (F.R.C.P. 13(a))

A claim opposing the plaintiff arising out of the same transaction or occurrence that is the subject matter of the plaintiff's claim, which is barred in future actions if not asserted.

Third Party Claim (Impleader)

A claim brought by a defending party against a nonparty based on derivative liability.

Doctrine of Relation Back (Fed. R. Civ. P. 15(c))

A doctrine permitting an amended claim or newly added defendant to relate back to the original filing date to avoid a statute of limitations bar.

Permissive Joinder of Parties (F.R.C.P. 20)

The procedural rule permitting joinder of plaintiffs or defendants if claims arise from the same transaction or occurrence and share any common question of law or fact.

Required Parties (F.R.C.P. 19)

Parties who must be joined if feasible, and if not feasible, whose absence requires the court to determine whether to dismiss or proceed without them.

Scope of Discovery (Fed. R. Civ. P. 26(b))

Any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case.

Summary Judgment (F.R.C.P. 56)

A pre-trial adjudication granted when the movant demonstrates that there is no genuine issue of material fact and that they are entitled to judgment as a matter of law.

Voir Dire

The formal process of questioning prospective jurors during trial selection.

Challenge for Cause

A challenge to excuse a prospective juror based on a judicial finding of reasonable cause showing a possibility of prejudice or bias.

Peremptory Challenge

A limited number of jury strikes allowing parties to excuse prospective jurors for no stated reason.

The Rule

An order requested by a party requiring all nonparty witnesses to remain outside the courtroom during trial proceedings.

Seventh Amendment Jury Trial Right

Constitutional guarantee providing the right to trial by jury in federal court in suits at common law exceeding $\$20$ in controversy.

Judgment as a Matter of Law (JMOL)

The procedural standard under Fed. R. Civ. P. 50 (formerly directed verdict and JNOV) granted when a reasonable jury would not have a legally sufficient evidentiary basis to find for the nonmovant.

Remittitur

A judicial order conditioning the denial of a motion for new trial on the plaintiff's acceptance of a reduced damages award.

Additur

A judicial order conditioning the denial of a motion for new trial on the defendant's agreement to pay extra damages; prohibited in federal court under the Seventh Amendment.

Motion for Relief from Judgment (F.R.C.P. 60(b))

A post-judgment motion permitting a court to grant relief from a final judgment based on newly discovered evidence or fraud.

Clearly Erroneous Standard

The standard of review applied by appellate courts when reviewing a trial judge's findings of fact in a nonjury trial.

Merger

The claim preclusion doctrine providing that a valid and final judgment for the plaintiff extinguishes the claim, barring a second action on the claim and precluding defenses in an action on the judgment.

Bar

The claim preclusion doctrine providing that a valid and final judgment for the defendant bars any further action by the plaintiff on the same claim.

Issue Preclusion (Collateral Estoppel)

A doctrine barring the relitigation of specific issues of law or fact that were actually litigated and essential to a valid and final judgment binding on the estopped party.

Offensive Collateral Estoppel

The application of issue preclusion where a person not a party to the original lawsuit asserts a prior judgment against a defendant who was a party and had a full and fair opportunity to litigate.