Civil Procedure Review

These flashcards cover key concepts in civil procedure, including jurisdiction, pleadings, and case management.

Federal Subject Matter Jurisdiction (SMJ)

The authority of federal courts to hear cases based on the subject matter of the claim.

Federal Question Jurisdiction

Exists when the claim arises under federal law, the U.S. Constitution, or U.S. treaty.

Diversity of Citizenship

Exists when plaintiffs and defendants are citizens of different states and the amount in controversy exceeds $75,000.

Supplemental Jurisdiction

Allows federal courts to hear claims that do not independently satisfy SMJ if they arise from the same nucleus of operative fact.

Complete Diversity

No plaintiff can be from the same state as any defendant.

Injunctive Relief

Legal remedy that involves a court order requiring a party to refrain from specific acts.

Preliminary Injunction

Maintains the status quo pending the outcome of an action, issued upon notice to the adverse party.

Personal Jurisdiction (PJ)

The court's authority over the parties in a legal action.

Long-Arm Jurisdiction

Allows a state to extend its reach over an out-of-state defendant based on certain activities conducted by that defendant within the state.

Service of Process

The procedure used to give legal notice to a party of a legal action involving them.

Discovery

Pre-trial phase in a lawsuit during which each party investigates the facts of the case.

Claim Preclusion (Res Judicata)

Precludes litigation of claims that were or could have been raised in a previous action.

Issue Preclusion (Collateral Estoppel)

Prevents a party from relitigating an issue that was conclusively determined in a prior case.

Final Judgment Rule

A federal appellate court can only hear an appeal from a final judgment on the merits.

Rule 11

Requires all papers served in a litigation to be signed by an attorney and to assure they are for proper purposes, warranted, and factually supported.

Amendments to Pleadings

Permitted under certain conditions to alter claims or defenses pending in court.

Default Judgment

A judgment against a party who fails to respond to a legal action.

Permanent Injunction

A court order that permanently prohibits a party from performing a certain action.