Civil Procedure Outline – Studicata

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27 Terms

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Subject-Matter Jurisdiction

Authority of a court to hear a particular type of case.

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Personal Jurisdiction

Power of a court to require a party to appear before it.

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Notice and Service of Process

Requirement that defendants receive adequate and legal notice of legal actions against them.

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Venue

Geographic location in which a lawsuit may be tried.

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Justiciability

The appropriateness of a court to consider a legal question or dispute.

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Federal-Question Jurisdiction

Jurisdiction based on cases arising under the Constitution, laws, or treaties of the United States.

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Diversity Jurisdiction

Federal jurisdiction that requires the parties to be from different states and involves an amount in controversy exceeding $75,000.

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Supplemental Jurisdiction

Allows federal courts to hear additional claims closely related to claims within their original jurisdiction.

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Ripeness

A matter ready for adjudication; prevents courts from hearing cases that are too abstract or premature.

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Mootness

A doctrine that denies hearing cases where the issues have already been resolved or no longer exist.

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Capable of Repetition Yet Evading Review

An exception to mootness that applies when an action is too short to complete litigation before ending.

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Domicile

The established, permanent residence of an individual.

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General (All-Purpose) Jurisdiction

Judicial authority over a party regardless of where the events occurred.

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Specific (Case-Linked) Jurisdiction

Judicial authority tied to specific events or conduct that connects a defendant to the forum state.

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Forum Non Conveniens

A legal doctrine allowing courts to dismiss a case when a more convenient forum is available.

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Erie Doctrine

Legal principle that federal courts must apply state substantive law in diversity cases.

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Plea of Lack of Subject-Matter Jurisdiction

A party's assertion that the court lacks authority to adjudicate the matter.

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Default Judgment

A binding judgment in favor of either party based on the failure to take action by the other party.

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Motion for Summary Judgment

A request for the court to rule that the other party has no case, based on the information presented.

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Joinder of Claims

Rules that govern how claims can be joined; allows multiple claims to be heard together.

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Class Action

A legal action in which a group of individuals collectively bring a claim to court.

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Arbitration

A method of dispute resolution where a neutral third party makes a binding decision.

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Pretrial Conference

A meeting between the parties to a lawsuit to prepare for trial.

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Pleadings

Formal documents filed with the court that outline the parties' claims and defenses.

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Laches

An equitable defense that bars claims based on a party's unreasonable delay in bringing the claim.

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Judgment as a Matter of Law (JMOL)

A ruling by the court that no reasonable jury could reach a different conclusion.

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New Trial Motion

A request to the court for a new trial, typically due to an error in the trial process.