Civil Procedure Lecture Flashcards

A comprehensive collection of vocabulary flashcards for Civil Procedure based on the provided Master Outline, covering jurisdictional frameworks, pleading standards, and joinder rules.

Federal civil procedure

The law that governs how civil actions are resolved in the federal court system.

Civil action

An action brought to resolve a dispute between the litigants based on the breach of some duty the defendant is alleged to owe the plaintiff.

Procedural law

The rules that govern how we resolve disputes filed in court, providing the rules of the game for resolving conflicts in a judicial proceeding.

Substantive law

The law that governs our out-of-court conduct, standing in contrast to procedural law.

Federal Rules of Civil Procedure (FRCP)

Rules of practice and procedure created by the Supreme Court via Congressional authority to secure the just, speedy, and inexpensive determination of every action in federal district court.

Stare decisis

A concept courts use to guide their decisions by referring to past cases (precedent), requiring them to follow their own prior rulings and those of a higher court within the same system.

Subject matter jurisdiction

A court’s power to hear a type of case.

Limited subject matter jurisdiction

The principle that federal courts only have the power to hear cases that meet certain requirements set out in the U.S. Constitution and federal statutes.

Exclusive jurisdiction

A relatively narrow class of cases that may only be heard in federal court, such as bankruptcy, admiralty, and patents.

Concurrent jurisdiction

Cases that may be heard and decided by either a state or a federal court, such as diversity and federal-question cases.

Article III, § 1

The constitutional provision that created the federal judiciary and grants judges life tenure (during good behavior).

Article III, § 2

The constitutional source defining the outer boundary of federal judicial power, though jurisdiction remains dormant until Congress confers it by statute.

Complete Diversity

Exists when no party on one side of the case has the same citizenship as any party on the other side of the case.

Domicile

The state where a human resides with the intent to remain indefinitely.

Nerve center

The place where a corporation’s officers direct, coordinate, and control the corporation's activities, representing its principal place of business for citizenship purposes.

Amount in Controversy Requirement ($1332$)

The statutory requirement that the matter in controversy must exceed the sum or value of $75,000$, exclusive of interest and costs.

Well-Pleaded Complaint Rule (WPCR)

The requirement that a federal question must appear on the face of the plaintiff’s properly pleaded claim in the statement of the cause of action.

Holmes Creation Test

A rule stating that a civil action arises under the law that creates the cause of action.

Smith exception

A doctrine allowing a state-created cause of action to arise under federal law when it necessarily raises an embedded federal issue that is necessary, disputed, important, and non-disruptive.

Forum-defendant rule (§ $1441$(b)(2))

A rule prohibiting the removal of a diversity case if any properly joined and served defendant is a citizen of the forum state.

Personal (Territorial) Jurisdiction

The court's power over the defendant, rooted in the Due Process Clause (14th Amendment for states; 5th Amendment for federal).

In personam jurisdiction

Power over a person, established by presence, consent, or minimum contacts.

General personal jurisdiction

Jurisdiction that allows a defendant to be sued on any claim because they are "essentially at home" in the forum (domicile for individuals; incorporation and PPB for corporations).

Specific personal jurisdiction

Jurisdiction that is claim-linked, requiring minimum contacts such that the suit does not offend traditional notions of fair play and substantial justice.

Purposeful availment

The requirement that a defendant's conduct and connection with a forum are such that they should reasonably anticipate being haled into court there.

Effects test (Calder)

A test for intentional torts where jurisdiction is proper if the defendant's conduct was aimed at the forum and they knew the brunt of the harm would land there.

Stream of commerce "plus" test (O’Connor)

A test requiring that a defendant place a product in the stream, know it's sold in the forum, and engage in additional conduct like designing or marketing for that forum.

Pure stream of commerce test (Brennan)

A test requiring only mere awareness that a product will reach the forum via the stream for purposeful availment to exist.

Venue

Identified by district and division, this refers to the specific geographic district where litigation occurs based on residential or transactional rules.

Forum Non Conveniens (FNC)

A common-law doctrine allowing dismissal of an action in favor of a more appropriate foreign or state forum when transfer is not possible.

Process

The combination of a copy of the initial pleading (complaint) and the court’s summons.

Mullane standard

The constitutional notice standard requiring that notice be reasonably calculated, under all the circumstances, to apprise interested parties of the action.

Plausibility standard (Twombly/Iqbal)

The requirement that a complaint contain enough factual matter to state a claim to relief that is plausible on its face, rising above the speculative level.

Rule 11 Sanctions

A procedure to deter baseless filings, requiring a $21$-day "safe harbor" where the offending party may withdraw or correct the contentions before the motion is filed.

Affirmative defenses (Rule $8$(c))

Defenses known as "confession and avoidance" that must be pleaded in the answer or they may be lost.

Relation back (Rule $15$(c))

An amendment device that treats a new claim or party as if it were filed on the original complaint date for statute of limitations purposes if specific conditions are met.

Supplemental jurisdiction (§ $1367$)

A grant of jurisdiction extending to claims so related to the original anchor claim that they form part of the same case or controversy.

Summary judgment (Rule $56$)

A pretrial motion granted if the movant shows there is no genuine dispute as to any material fact and they are entitled to judgment as a matter of law.

Interpleader

A joinder device where a stakeholder facing multiple claims to the same fund or property forces the claimants to litigate among themselves.