Civil Procedure Comprehensive Study Guide Flashcards

Comprehensive practice flashcards defining foundational concepts, statutes, doctrines, and procedural rules in Civil Procedure derived directly from course lecture notes.

Subject Matter Jurisdiction (SMJ)

The power of a federal court to hear a case, which must be both constitutionally permissible under Article III and statutorily authorized by Congress; it cannot be waived and can be raised at any time by the parties or sua sponte by the court.

Personal Jurisdiction (PJ)

A court's power over the parties involved in a lawsuit, requiring statutory authority (such as a state long-arm statute) and compliance with constitutional Due Process; it is waivable if not timely raised.

Venue

The statutory specification under 28 U.S.C. § 1391 of where within the federal system a case should properly be heard; it is entirely statutory, waivable, and has no constitutional basis.

Complete Diversity Rule

The statutory interpretation of 28 U.S.C. § 1332 established in Strawbridge v. Curtiss requiring that every plaintiff be a citizen of a different state from every defendant.

Amount in Controversy (AIC)

The statutory requirement under 28 U.S.C. § 1332 that the matter in controversy exceed $\$75,000$, exclusive of interest and costs ($\$75,000.00$ fails; $\$75,000.01$ qualifies), based on a good-faith allegation at filing.

Domicile (Individual Citizenship)

The jurisdictional citizenship test for individuals, requiring physical residence plus the intent to remain indefinitely; an individual has only one domicile, established at the time the complaint is filed.

Nerve Center Test

The rule from Hertz Corp. v. Friend defining a corporation's principal place of business (PPB) as the single place where its officers direct, control, and coordinate corporate activities, which is typically the corporate headquarters.

Well-Pleaded Complaint Rule

The principle established in Louisville & Nashville R.R. v. Mottley requiring that a federal question under 28 U.S.C. § 1331 appear directly on the face of the plaintiff's properly pleaded complaint, rather than as an anticipated federal defense.

Supplemental Jurisdiction (§ 1367)

The statutory grant permitting a federal court with original jurisdiction over a case to hear additional state-law claims that form part of the same Article III case or controversy by sharing a common nucleus of operative fact.

Exxon Contamination Rule

The supplemental jurisdiction principle from Exxon v. Allapattah holding that while § 1367 can cure an insufficient amount in controversy for a co-plaintiff joined under Rule 20, the presence of any non-diverse party contaminates and destroys diversity jurisdiction entirely.

FRCP 18 (Claim Joinder)

A joinder rule permitting an asserting party to bring any and all claims against an opposing party, whether transactionally related or unrelated ("open season"), provided subject matter jurisdiction exists for each claim.

FRCP 20 (Permissive Party Joinder)

A joinder rule allowing multiple plaintiffs to join together or multiple defendants to be sued together if the claims arise out of the same transaction, occurrence, or series, and share at least one common question of law or fact.

Compulsory Counterclaim (FRCP 13(a))

A claim by a defending party against an opposing party arising out of the same transaction or occurrence as the opposing party's claim; it must be asserted in the current action or it is forfeited, and it always qualifies for § 1367 supplemental jurisdiction when brought by a defendant.

Permissive Counterclaim (FRCP 13(b))

A claim asserted by a defending party against an opposing party that does not arise out of the same transaction or occurrence; it never qualifies for § 1367 supplemental jurisdiction and must possess an independent jurisdictional basis.

Crossclaim (FRCP 13(g))

A claim brought against a co-party arising out of the same transaction or occurrence as the original action or a counterclaim, or relating to property that is the subject of the original action.

Third-Party Practice / Impleader (FRCP 14)

A procedure allowing a defending party to bring in a nonparty who is or may be liable to that defending party for all or part of the plaintiff's claim against it (indemnity or contribution).

Forum-Defendant Rule

A limitation on removal under 28 U.S.C. § 1441(b)(2) barring removal of a diversity-only case if any properly joined and served defendant is a citizen of the state in which the action was brought.

Fraudulent Joinder

The improper addition of a non-diverse defendant against whom the plaintiff has no reasonable basis for recovery, allowing the remaining defendants to remove the case to federal court regardless of motive.

Minimum Contacts

The standard established in International Shoe Co. v. Washington requiring that a nonresident defendant have sufficient contacts with the forum state such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.

General Personal Jurisdiction

All-purpose personal jurisdiction enabling a court to hear any claim against a defendant, available only where the defendant is "at home"—their domicile for individuals, or their place of incorporation and principal place of business for corporations.

Specific Personal Jurisdiction

Case-linked jurisdiction requiring purposeful availment by the defendant toward the forum state, claims that arise out of or relate to those forum contacts, and a finding that asserting jurisdiction is reasonable.

Tag Jurisdiction (Transient Presence)

A traditional basis of personal jurisdiction reaffirmed in Burnham v. Superior Court, allowing a state court to exercise jurisdiction over a nonresident individual who is personally served with process while voluntarily present within the forum state.

Calder Effects Test

A test for specific personal jurisdiction in intentional tort cases requiring that the defendant intentionally directed tortious conduct toward the forum state, causing the brunt of the injury there.

Mullane Notice Standard

The due process standard from Mullane v. Central Hanover Bank requiring that notice be reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present objections.

Transfer of Venue (§ 1404)

Statutory transfer from an already proper venue to any other district where the action might have been brought or where all parties consent; under the Van Dusen/Ferens rule, the substantive law of the transferor court travels with the case.

Transfer of Venue (§ 1406)

Statutory dismissal or transfer from an improper venue to a proper district in the interest of justice; the substantive law of the transferor court does not travel to the transferee court.

Forum Non Conveniens

A common-law doctrine permitting a court to dismiss an action when an adequate and substantially more convenient alternative forum exists in another country, where less favorable foreign substantive law is not dispositive.

Plausibility Standard (Twombly/Iqbal)

The federal pleading standard requiring a plaintiff to allege sufficient non-conclusory, well-pleaded factual matter that, taken as true, states a claim that is plausible—not merely conceivable—on its face.

Waivable Rule 12(b) Defenses

The four defense objections—lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process (Rules 12(b)(2)–(5))—that must be raised together in the defendant's first responsive motion or answer, or they are permanently waived under Rule 12(h)(1).

Rule 11 Safe Harbor Provision

A mandatory $21$-day period following the service of a Rule 11 sanctions motion during which the challenged paper, claim, defense, or contention may be withdrawn or appropriately corrected before the motion can be filed with the court.

Relation Back Doctrine (FRCP 15(c))

A provision allowing an amended pleading to be treated as filed on the date of the original pleading for statute of limitations purposes if the new claim arises out of the same conduct, transaction, or occurrence set out in the original pleading.

Scope of Discovery (FRCP 26(b)(1))

The standard permitting discovery of any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case, regardless of whether the information is admissible in evidence.