Civil Procedure Lecture Notes - Federal Jurisdiction and Pretrial Process

Comprehensive vocabulary flashcards covering Civil Procedure concepts including jurisdiction, pretrial motions, joinder, discovery, and appellate review based on the Seperac Bar Review outline.

Subassignee

An assignee of an assignee who does not have rights against the original assignor because there is no privity of contract.

Subject Matter Jurisdiction (SMJ)

The power of a court to adjudicate particular types of claims.

Federal Question (FQ) Jurisdiction

Jurisdiction permitted by Article III for federal courts to hear cases arising under the U.S. Constitution, federal laws, or treaties.

Well-Pleaded Complaint Rule

The requirement that a federal question must be asserted in the plaintiff's complaint, regardless of potential defenses or counterclaims raised by the defendant.

Diversity Jurisdiction

Jurisdiction requiring that the amount in controversy exceed $"75,000"$ and the action be between citizens of different states or a citizen of a state and a foreign subject.

Complete Diversity Rule

The rule that no diversity exists if any plaintiff is a citizen of the same state as any defendant.

Domicile

A person's citizenship state established by physical presence in the state with the subjective intent to make it a permanent or fixed home.

Nerve Center

The location of a corporation's headquarters where executive decisions are made; used to determine the corporation's Principal Place of Business (PPB).

Class Action Fairness Act (CAFA) Threshold

Diversity jurisdiction exists over class actions where the aggregate amount in controversy exceeds $"5,000,000"$ and minimum diversity is met.

Supplemental Jurisdiction

The power of a federal court to hear additional claims that arise from a "common nucleus of operative fact" even if they lack an independent basis for SMJ.

Removal

A "one-way street" procedure where a defendant transfers a case first filed in state court to the federal court embracing the original state court location.

Personal Jurisdiction (PJ)

The court's power over the parties, depending on the defendant being properly served and having a valid connection or "nexus" to the state.

Purposeful Availment

A standard requiring that the defendant's contact with a forum results from reaching out voluntarily, such as by selling goods or marketing a product in that state.

Specific Jurisdiction

A form of personal jurisdiction that arises from a connection between the forum state and the specific underlying claim.

General Jurisdiction

Personal jurisdiction arising from a defendant's continuous and systematic ties with a forum state, permitting the state to hear any claim regardless of its connection to state activities.

Bulge Rule

A federal rule allowing service of process out of state within $"100"$ miles of the federal courthouse for parties joined as necessary or through impleader.

Venue

The determination of which specific federal court within a system may hear a case, typically based on where defendants reside or where the claim arose.

Forum Non Conveniens (FNC)

A federal common law doctrine allowing a court to dismiss a claim so it can be brought in a more appropriate forum in another court system.

Erie Doctrine

The principle that federal courts in diversity cases must apply state substantive law and federal procedural law.

Outcome-Determinative Test

A test under Erie where federal courts apply state law if ignoring it would significantly affect the outcome of the case.

Temporary Restraining Order (TRO)

A court order of limited duration commanding parties to maintain status quo to prevent irreparable injury; expires in $"14"$ days unless extended.

Preliminary Injunction (PI)

An order entered prior to a final determination on the merits to restrain or compel conduct, requiring notice and a showing of likelihood of success and irreparable harm.

Rule 11 Safe Harbor

A $"21"$-day period after a motion for sanctions is served during which the offending party may withdraw or fix the challenged document without penalty.

Compulsory Counterclaim

An offensive claim against an opposing party that arises from the same transaction or occurrence as the original claim and must be brought in the pending case or be waived.

Impleader

A device allowing a defendant to bring in a third party who may be liable for indemnity or contribution for the harm alleged by the plaintiff.

Interpleader

A device allowing a stakeholder holding disputed property to force all potential claimants into a single lawsuit to avoid inconsistent results.

Work Product Privilege

Immunity from discovery for material prepared in anticipation of litigation, unless a substantial need is shown, though mental impressions remain protected.

Summary Judgment (Rule 56)

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

Judgment as a Matter of Law (JMOL)

A motion made during or after trial but before the verdict, asserting that no reasonable jury could find for the nonmoving party.

Renewed Motion for JMOL (RJMOL)

A motion filed no later than $"28"$ days after entry of judgment to set aside a jury's verdict, provided an initial JMOL motion was made during trial.

Res Judicata (Claim Preclusion)

A doctrine requiring the same claim between the same parties to be resolved in a single lawsuit once a valid final judgment on the merits is reached.

Collateral Estoppel (Issue Preclusion)

A doctrine precluding the re-litigation of the same issue that was already litigated, decided, and essential to a previous valid final judgment.

Final Judgment Rule

The requirement that an appeal cannot be taken until the district court enters a decision on the merits that resolves the entire case.

De Novo Standard of Review

An appellate standard used for questions of law or mixed questions of law and fact, where the reviewing court reconsiders the issue as if new.

Clear Error Standard of Review

A deferential appellate standard used to reconsider a trial judge's findings of fact, reversible only if the court has a firm conviction a mistake was made.

Abuse of Discretion Standard

The most deferential appellate standard, used for discretionary trial court rulings such as discovery matters, sanctions, and motions to transfer.