Civil Procedure I Final Examination Review Outline

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.

Pre-Litigation Phase

The initial stage where an attorney analyzes the client's legal dispute and evaluates claims.

Demand Letter

An initial letter outlining legal position/intended claims and inviting pre-suit settlement.

Alternative Dispute Resolution (Mediation)

A confidential process using an impartial third party to negotiate settlements outside of court.

Filing the Complaint

The process where the plaintiff's attorney files a complaint identifying parties, factual allegations, and demand for relief.

Issuance of Summons

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

Service of Process

Formal delivery of legal documents to the defendant requiring a response.

Scheduling Order

A court-issued order that sets procedural deadlines and trial timelines.

Discovery Phase

The phase where parties exchange information to evaluate strengths and weaknesses.

Interrogatories

Sworn written questions used in the discovery process.

Requests for Production (RFPs)

Requests for specific documents or electronically stored information during discovery.

Subpoenas

Legal documents ordering non-parties to provide evidence or testimony.

Depositions

Live oral examinations under oath conducted during the discovery phase.

Motion for Summary Judgment (MSJ)

A request to resolve claims without a full trial by showing no genuine dispute of material fact.

Trial

The phase where fact-finding occurs before a judge or jury.

Judgment

The final legal decision resolving the lawsuit.

Appeals

Process initiated by the losing party to challenge the decision of a lower court.

Personal Jurisdiction (PJ)

A court's legal authority to issue a judgment recognized and enforced by other courts.

Subject Matter Jurisdiction (SMJ)

Authority of a court to hear and decide cases of a particular type.

Article III, Section 2

Establishes federal judicial power.

14th Amendment Due Process Clause

Prohibits state deprivation of life, liberty, or property without due process.

Pennoyer v. Neff (1877)

A case that established essential ingredients of personal jurisdiction.

Power (PJ)

The physical presence, property ownership, or domicile within a court's territorial borders.

Consent (PJ)

The voluntary appearance or submission of the defendant to the court's authority.

Notice (PJ)

Proper service of process to ensure the defendant is informed of legal proceedings.

In Personam Jurisdiction

Direct power over a defendant's person.

In Rem Jurisdiction

Power over property located in the forum state as the subject matter of litigation.

Quasi In Rem Jurisdiction

Power over an out-of-state defendant based on property presence within the forum state.

International Shoe Co. v. Washington (1945)

Established the minimum contacts standard for personal jurisdiction.

Minimum Contacts

Sufficient connections between the defendant and the forum state necessary for jurisdiction.

Fair Play and Substantial Justice

The requirement that exercising jurisdiction must not violate traditional notions of fairness.

General Jurisdiction

When a defendant has continuous and systematic contacts with the forum, they are considered 'at home' there.

Specific Jurisdiction

Jurisdiction that arises from a defendant's specific contacts with the forum state.

Purposeful Availment

When a defendant intentionally conducts activities in a forum state, invoking its laws.

Stream of Commerce Doctrine

Distinguishes between mere placement of a product in the market and intent to serve a forum state.

Bristol-Myers Squibb Co. v. Superior Court (2017)

Case stating that non-resident plaintiffs cannot piggyback on in-state plaintiffs' claims for jurisdiction.

Ford Motor Co. v. Montana Eighth Judicial District Court (2021)

Clarified that purposeful availment can exist from cultivating a market in a state.

Fair Play & Substantial Justice Factors

Considerations that may defeat jurisdiction even if minimum contacts are established.

Goodyear (2011) & Daimler AG v. Bauman (2014)

Cases establishing the standard for general jurisdiction over foreign corporations.

Domicile

The place where a person has established a physical presence and intent to remain.

Transient ('Tag') Jurisdiction

Personal service on a defendant while physically present in the forum satisfies due process.

Consent & Waiver Mechanisms

Methods allowing parties to agree to a jurisdiction or waive objections to jurisdiction.

Long-Arm Statutes

State laws enabling courts to exercise personal jurisdiction over out-of-state defendants.

Federal Rule of Civil Procedure 4(k)

Rules outlining the reach of federal courts regarding personal jurisdiction.

Mullane v. Central Hanover Bank

Established that notice must be reasonably calculated to inform interested parties.

Service Requirements (FRCP 4)

Procedures for serving summons and complaints within a specific time frame.

General Venue (28 U.S.C. § 1391)

Rules that dictate proper venue based on defendant residence or where events occurred.

Transfer Mechanisms (28 U.S.C. § 1404)

Provisions for transferring cases based on convenience and interest of justice.

Forum Non-Conveniens

Doctrine allowing dismissal of a case when a more suitable forum exists.

Subject Matter Jurisdiction (SMJ)

Authority of a court to hear different types of claims.

Federal Question Jurisdiction (§ 1331)

Authority based on cases arising under federal law.

Diversity Jurisdiction (§ 1332)

Jurisdiction based on parties being from different states and amount in controversy.

Supplemental Jurisdiction (§ 1367)

Authority for courts to hear additional claims related to the main claim.

Removal Jurisdiction (28 U.S.C. §§ 1441, 1446)

Processes allowing defendants to move cases from state to federal court.

Erie Doctrine

Rule determining whether to apply state or federal law in federal courts dealing with diversity cases.