Civil Procedure Attack Outline UBE

Comprehensive vocabulary flashcards covering the Civil Procedure Attack Outline UBE, including personal and subject-matter jurisdiction, venue, service of process, Erie doctrine, pleadings, joinder, pretrial motions, discovery, trials, and preclusion doctrines.

Personal Jurisdiction

The power of a court to hear a case over a particular person, arising from the Due Process Clause of the Fourteenth Amendment.

General Jurisdiction

Jurisdiction allowing a defendant to be sued in the state for acts committed generally, established through consent, presence, or domicile (mnemonic = CPD).

Corporate Domicile (General Jurisdiction)

The state in which a corporation is incorporated and the state where its principal place of business (corporate headquarters) is located, giving it $2$ domiciles.

Specific Jurisdiction

Jurisdiction that exists when a lawsuit arises out of the defendant's contacts with the forum state, requiring authorization by a state long-arm statute and satisfaction of constitutional minimum contacts that do not offend traditional notions of fair play and substantial justice.

Direct Attack

A challenge to personal jurisdiction raised before judgment where the defendant appears in the original action to object.

Collateral Attack

A challenge to personal jurisdiction raised after judgment where the defendant ignores the lawsuit and challenges jurisdiction when the plaintiff attempts to enforce a default judgment.

Subject-Matter Jurisdiction

The power of a court to hear a certain type of case, which can never be waived and may be raised by the parties or policed by the court sua sponte at any time.

Federal-Question Jurisdiction

Subject-matter jurisdiction over claims that arise under federal law or a state law raising a substantial federal question, which must appear on the face of the plaintiff's well-pleaded complaint.

Diversity Jurisdiction

Subject-matter jurisdiction requiring complete diversity between the parties (no plaintiff is from the same state as any defendant based on domicile) and an amount in controversy exceeding $\\text{dollar}75,000$.

Supplemental Jurisdiction

Jurisdiction permitting a federal court to hear additional state-law claims that arise from a common nucleus of operative fact with a claim having an independent jurisdictional basis, except that a plaintiff cannot use it against a non-diverse party when the primary basis is diversity.

Removal

The transfer of an action by defendants from state court to the federal court that geographically embraces it, provided all defendants agree and the case could have initially been filed in federal court.

Home-State Defendant Rule (Removal)

An exception barring removal if the defendant is sued in their home state and the sole basis for federal jurisdiction is diversity.

Remand

A procedure to send a case back to state court; motions based on procedural defects must be filed within $30\text{ days}$ after removal, while motions for lack of subject-matter jurisdiction can be made at any time.

Venue

The statutory requirement determining the proper court to hear a case among courts having jurisdiction; proper in any district where any defendant resides if all reside in the same state, or where a substantial part of the events or omissions giving rise to the claim occurred.

Transfer to a Proper Venue

The dismissal or transfer of a case filed in the wrong venue to a federal court where it could have been brought under the venue statutes; the law of the transferee court applies.

Transfer to a More Appropriate Forum

The transfer of a case from a proper venue to another federal district for the convenience of parties and witnesses, and in the interest of justice; the law of the transferor court applies even if initiated by the plaintiff.

Service of Process on an Individual (SAID)

Methods to serve an individual under federal rules: State law methods, Agent delivery, Individual personal delivery, or Dwelling/usual place of abode delivery to someone of suitable age and discretion residing there.

Erie Doctrine

The principle that a federal court presiding over diversity or supplemental jurisdiction claims must apply federal procedural law and state substantive law (including outcome-determinative rules).

Amendment as a Matter of Course

The right to amend a pleading once without leave of court no later than $21\text{ days}$ after serving the pleading, responsive pleading, or pre-answer motion.

Relation Back

A doctrine allowing new claims in an amended pleading to be treated as filed on the date of the original pleading if they derive from the same conduct, transaction, or occurrence.

Compulsory Counterclaim (Rule 13(a))

A claim brought by a defendant against an opposing plaintiff that arises out of the same transaction or occurrence as the opposing claim; it must be asserted or it is waived.

Crossclaim (Rule 13(g))

A claim asserted by one party against a co-party that arises out of the same transaction or occurrence as the original action or a counterclaim; it is never compulsory.

Impleader (Rule 14(a))

A procedure enabling a defending party to join a third party who may be liable to the defendant for all or part of any recovery the plaintiff obtains.

$100\text{-Mile}$ Bulge Rule

A rule establishing personal jurisdiction over a third-party defendant (or joined necessary party) if served within $100\text{ miles}$ of the courthouse where the action is pending.

Interpleader (Rule 22)

A joinder device allowing a stakeholder/property holder to join all claimants in one action to avoid double liability, requiring minimal diversity and an amount of at least $\\text{dollar}500$.

Intervention (Rule 24)

A procedure allowing a nonparty with an interest to timely move to enter a lawsuit, either as a matter of right (interest impaired and inadequately represented) or permissively (common question of law or fact).

Rule 12(b)(6) Motion to Dismiss

A dispositive motion asserting that even if every factual allegation in the complaint is true, there is no violation of any legal rights; can be raised at any time before or at trial before a verdict.

Summary Judgment (Rule 56)

A dispositive motion granted when the moving party shows there is no genuine issue of material fact and they are entitled to judgment as a matter of law.

Preliminary Injunction

Equitable relief aimed at preserving the status quo requiring notice to the adverse party, evaluated under the HELP factors: Harm (irreparable injury), Evaluate risk, Likelihood of prevailing, and Public interest.

Temporary Restraining Order (TRO)

A stopgap emergency order lasting up to $14\text{ days}$ that can be issued without notice to prevent immediate and irreparable harm until a preliminary injunction hearing.

Class Action Prerequisites (CANTS)

The four required Rule 23(a) elements plus superiority: Commonality, Adequacy of representation, Numerosity (classes of $40$ are sufficient), Typicality, and Superiority (for common question class actions).

Class Action Fairness Act (CAFA)

A federal statute conferring jurisdiction over class actions with $100$ or more plaintiffs seeking over $\\text{dollar}5\text{ million}$ where minimal diversity exists.

Initial Disclosures (DISS)

Mandatory disclosures required within $14\text{ days}$ after the Rule 26(f) conference: Damages computation, Insurance agreements, Supporting witnesses, and Supporting documents.

Rule 11 Sanctions

Penalties imposed when a signed paper presented to the court is submitted for an improper purpose, is frivolous, or lacks factual or evidentiary support.

Two-Dismissal Rule

The rule providing that while a plaintiff's first voluntary dismissal is without prejudice, a second voluntary dismissal of the same claim operates as an adjudication with prejudice.

Seventh Amendment Jury Trial Right

The constitutional guarantee preserving the right to a jury trial in civil suits at common law where the amount in controversy exceeds $\\text{dollar}20$, requiring a written demand within $14\text{ days}$ after service of the last pleading.

Peremptory Challenges

Requests allowing each side to strike up to $3$ potential jurors during jury selection for any reason, except on the basis of race or gender.

Judgment as a Matter of Law (JMOL)

A motion made during a jury trial before submission to the jury, granted if there is no substantial evidence to support a verdict for the nonmoving party.

Renewed Motion for JMOL

A post-trial motion filed within $28\text{ days}$ of entry of judgment challenging the legal sufficiency of the evidence, permitted only if the party previously made a motion for JMOL during trial.

Collateral Order Doctrine

An exception to the final judgment rule permitting immediate appeal of orders resolving issues completely separate from the merits that are effectively unreviewable on appeal from a final judgment.

Claim Preclusion (Res Judicata)

A doctrine barring relitigation of a claim when there is the Same claim (transaction or occurrence test), Same parties or privity, a Final judgment, and an Outcome on the merits (mnemonic = SSFO).

Issue Preclusion (Collateral Estoppel)

A doctrine barring relitigation of a specific issue when it involves the Same issue, Actually litigated, Actually decided, and Necessary to the court's judgment (mnemonic = SAAN).

Defensive Nonmutual Collateral Estoppel

The use of issue preclusion as a shield by a new defendant to prevent a plaintiff from relitigating an issue that the plaintiff previously litigated and lost against another defendant.

Offensive Nonmutual Collateral Estoppel

The use of issue preclusion as a sword by a new plaintiff to prevent a defendant from relitigating an issue that the defendant previously litigated and lost against another plaintiff.