Civil Procedure Essay Roadmap – Key Vocabulary

Vocabulary flashcards covering the major terms, doctrines, and procedural tools discussed in the Civil Procedure Essay Roadmap to aid exam preparation.

Subject Matter Jurisdiction (SMJ)

A court’s power to hear a particular type of case; includes federal-question and diversity jurisdiction.

Federal Question Jurisdiction

SMJ that exists when the plaintiff’s claim is based on federal law.

Diversity Jurisdiction

SMJ requiring complete diversity of citizenship between plaintiffs and defendants and an amount in controversy exceeding $75,000 at the time the complaint is filed.

Complete Diversity

No plaintiff may share state citizenship with any defendant in a diversity case.

Citizenship (Individuals)

The one state where a person is domiciled—resides with intent to remain indefinitely.

Citizenship (Corporations)

Both the state of incorporation and the state of the corporation’s principal place of business.

Citizenship (Partnerships/LLCs)

Every state in which any partner or member is domiciled.

Amount in Controversy

A good-faith estimate of damages exceeding $75,000, excluding interest and costs, but including punitive damages and recoverable attorney’s fees.

Supplemental Jurisdiction

Court’s discretion to hear additional claims sharing a common nucleus of operative fact with a claim that already has SMJ.

Common Nucleus of Operative Fact (CNOF)

Claims arise from the same transaction or occurrence such that one would expect them to be tried together.

Removal

Defendant’s statutory right to move a case from state to federal court if the case could have been filed there originally.

Remand

Returning a removed case from federal court back to state court.

Personal Jurisdiction (PJ)

Court’s power over the persons or property involved in the litigation.

Long-Arm Statute

State law authorizing PJ over non-residents to the extent permitted by due process.

Minimum Contacts

Defendant’s purposeful, substantial, and foreseeable contacts with the forum state needed for PJ under the Due Process Clause.

Purposeful Availment

Defendant’s deliberate engagement with the forum state, invoking its benefits and protections.

Foreseeability (PJ)

Defendant could reasonably anticipate being haled into court in the forum state.

Relatedness

Whether the claim arises out of (specific PJ) or is unrelated to (general PJ) the defendant’s forum contacts.

Fair Play and Substantial Justice

Factors of fairness—forum’s interest, burden on defendant, efficiency, and shared policy interests.

General Personal Jurisdiction

PJ based on defendant’s domicile or continuous and systematic contacts, allowing suit on any claim.

Specific Personal Jurisdiction

PJ only for claims arising from defendant’s contacts with the forum state.

In Rem Jurisdiction

Court power to adjudicate rights in property located within the forum.

Quasi-In-Rem Jurisdiction

Jurisdiction to determine parties’ interests in property within the forum; affects only the litigants.

Service of Process

Delivery of summons and complaint to give formal notice to defendant.

Bulge Provision

Rule allowing service within 100 miles of the federal courthouse, even across state lines, for certain joined parties.

Waiver of Service

Defendant’s agreement, by returning a mailed form, to forego formal service; extends answer time to 60 days.

Venue

Proper geographic district for trial, generally where any defendant resides if all in same state or where a substantial part of the claim arose.

Forum Non Conveniens

Dismissal when the chosen forum is too inconvenient and a foreign forum is substantially more appropriate.

Erie Doctrine

Federal court sitting in diversity applies federal procedural law and the forum state’s substantive law when no federal law is on point.

Substantive Law (Erie)

Rules governing rights and duties, e.g., statutes of limitation, burdens of proof, elements of claims.

Procedural Law (Erie)

Rules governing the manner of litigation, such as FRCP, FRE, and attorney’s fees rules.

Complaint

Pleading that commences an action, stating SMJ grounds, claim, and demand for relief.

Notice Pleading

Short and plain statement giving defendant fair notice of the claim and grounds.

Special Pleading

Heightened factual detail required for certain matters, such as fraud or special damages.

Answer

Defendant’s responsive pleading admitting or denying allegations and asserting defenses or counterclaims.

Affirmative Defense

Defense that introduces new matter—e.g., statute of limitations, res judicata—waived if not pleaded.

Counterclaim

Claim brought by defendant against plaintiff; compulsory if same transaction, permissive otherwise.

Cross-Claim

Claim by one party against a co-party arising from the same transaction or occurrence.

Rule 12(b) Motion to Dismiss

Pre-answer motion raising defenses such as lack of SMJ, lack of PJ, improper venue, or failure to state a claim.

Motion for More Definite Statement

Request to clarify a vague pleading so a proper response can be drafted.

Motion to Strike

Request to remove insufficient defenses or scandalous, redundant material from a pleading.

Amendment as of Right

A party’s one-time ability to amend a pleading within 21 days of service (or of a responsive pleading/motion).

Relation Back Doctrine

Amended pleading treats as filed on the date of the original if it arises from same transaction or occurrence.

Rule 11 Certification

Signature certifies filing is after reasonable inquiry, not for improper purpose, and legally/evidentially supported.

Rule 11 Sanctions

Court’s discretionary penalties (monetary or otherwise) for violating Rule 11 obligations.

Permissive Joinder

Joining parties whose claims arise from the same transaction and share a common legal/factual question.

Necessary Party

Party that should be joined if feasible because judgment without them impairs interests or poses inconsistent obligations.

Indispensable Party

Necessary party whose absence requires dismissal because the action cannot proceed fairly or efficiently.

Intervention as of Right

Nonparty’s right to join when an interest may be impaired and not adequately represented.

Permissive Intervention

Court-allowed joinder of nonparty sharing a common question of law or fact, subject to discretion.

Impleader (Third-Party Practice)

Defendant joins a nonparty who may be liable to defendant for indemnity or contribution.

Interpleader

Procedure forcing adverse claimants to litigate entitlement to the same property or fund.

Class Action

Representative lawsuit on behalf of numerous similarly situated individuals meeting CAN’T (Commonality, Adequacy, Numerosity, Typicality).

Class Action Fairness Act (CAFA)

Federal statute granting SMJ over large class actions with minimal diversity, 100+ members, and $5M+ in controversy.

Mandatory Initial Disclosures

Names of knowledgeable persons, documents, damages computation, insurance agreements provided without request.

Work Product Doctrine

Qualified protection for materials prepared in anticipation of litigation; discoverable only on substantial need, except for mental impressions.

Protective Order

Court order shielding a party from undue burden, embarrassment, or harassment in discovery.

Deposition

Out-of-court testimony under oath; limited to ten per side and one day of seven hours each absent court order.

Interrogatories

Written questions requiring written answers under oath; limited to 25 per party.

Request to Produce

Discovery request to inspect documents, electronically stored information, or land under a party’s control.

Physical or Mental Examination

Court-ordered exam of a party when condition is in controversy and good cause shown.

Request for Admission

Written request asking a party to admit truth of facts or genuineness of documents, binding for this action only.

Motion to Compel

Request for court order directing discovery compliance; prerequisite to most discovery sanctions.

Temporary Restraining Order (TRO)

Emergency injunction, usually 14 days, preserving status quo when irreparable harm is imminent.

Preliminary Injunction

Order maintaining status quo until trial; requires notice, likelihood of success, irreparable harm, balancing hardships, and public interest.

Permanent Injunction

Final order after merits decision requiring or prohibiting action when legal remedies are inadequate.

Entry of Default

Clerk’s notation that a party failed to plead or defend, paving the way for default judgment.

Voluntary Dismissal

Plaintiff’s unilateral or court-ordered dismissal, typically without prejudice if filed before defendant’s response.

Summary Judgment

Disposition where no genuine dispute of material fact exists and movant is entitled to judgment as a matter of law.

Judgment as a Matter of Law (JML)

Trial motion (directed verdict) asserting no reasonable jury could find otherwise based on the evidence.

Renewed JML (JNOV)

Post-verdict motion reasserting JML grounds; must follow a timely JML motion at trial.

Motion for New Trial

Request within 28 days of judgment for rehearing due to errors, misconduct, new evidence, or excessive verdict.

Remittitur

Judge’s reduction of an excessive jury award, conditioned on denial of new trial if accepted.

Final Judgment Rule

Only final decisions resolving all claims for all parties are immediately appealable.

Collateral Order Doctrine

Allows immediate appeal of orders conclusively deciding important, separable issues effectively unreviewable after final judgment.

Standard of Review – De Novo

Appellate review without deference for pure questions of law.

Claim Preclusion (Res Judicata)

Valid, final judgment on the merits bars the same parties from relitigating the same claim.

Issue Preclusion (Collateral Estoppel)

Valid, final judgment conclusively determines issues actually litigated and essential to the judgment in later actions.

Mutuality (Issue Preclusion)

Traditional requirement that estoppel be used only against or by parties to the prior action.

Defensive Nonmutual Collateral Estoppel

Defendant uses prior judgment to bar plaintiff from relitigating an issue plaintiff previously lost, even if defendant was not a party.

Offensive Nonmutual Collateral Estoppel

Plaintiff uses prior judgment against defendant on an issue previously decided, allowed at court’s discretion.