Civil Procedure

In pro. per. (In propria persona)

In his or her own person (usually refers to someone representing themself)

In pro se

For himself (usually refers to someone representing themself)

Personal Jurisdiction

Court cannot exercise power over a Defendant unless the state the court is in has a connection to him or the situation that led to the claim

Subject Matter Jurisdiction

A court’s legal power to hear and decide a case

Rules governing where a suit can be brought

Personal jurisdiction, subject matter jurisdiction, venue

28 USC 1332 (a)

Federal district courts have jurisdiction for civil actions > $75,000 that are between:

1. Citizens of different states

2. Citizens of a state and foreigners

28 USC 1331

The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States

FRCP 12(b)(1)

Party may assert lack of subject-matter-jurisdiction by motion.

Substitutionary Remedies

Seek to provide plaintiff with reasonable substitute for what was lost

Specific Remedies

Seek to restore directly and specifically what’s been taken

3 things plaintiffs look for in lawsuits

1. Money

2. Enforceable order to do something

3. Declaration of parties’ respective rights

Preliminary Relief

Remedies ordered before the merits of the case have been adjudicated

28 USC 1441 (a)

Any civil action brought in State court where the U.S. district courts have original jurisdiction may be removed by the defendant to the district court

Statutory Damages

Minimum damage awards decreed by legislation

Nominal Damages

Damages awarded when party shows violation of applicable standards but neither economic nor noneconomic damages

Punitive Damages

Damages assigned by the court with the intent to punish the liable party

Compensatory Damages

Money awarded as reimbursement

Liquidated Damages

Pre-agreed damages owed to injured party in breach of contract

Special / Economic / Hard Damages

Damages that have a precise, calculable figure

General / Noneconomic / Soft Damages

Value of harm cannot be precisely calculated

Hierarchy of Laws

1. U.S. Constitution

2. Federal Statutes

3. State Constitutions

4. State Statutes

Dispositive Motion

Motions that can end cases

3 Remedies

Money, Injunctions, Declaratory Judgements

4 Types of Money Remedies

Punitive, Compensatory, Statutory, Actual

2 Types of Injunctions

Temporary, Permanent