Civil Procedure Course Outline Review

Comprehensive vocabulary flashcards outlining core federal civil procedure principles based on Professor George's objective exam review.

In personam jurisdiction

Jurisdiction over the person where a judgment in plaintiff's favor is binding in all states for the full amount of damages and may be enforced repeatedly until fully collected.

In rem jurisdiction

Jurisdiction over interests in property that affects everyone's interests in a res (both parties and nonparties), does not result in a money judgment, and does not require enforcement outside the forum.

Quasi in rem jurisdiction

Jurisdiction over seized property where the plaintiff's claim is unrelated to the property; it entitles plaintiff to the attached property, is not a personal judgment, and cannot be enforced outside the forum or against other property.

Status jurisdiction

A type of state authority discussed in Pennoyer to adjudicate personal relations and conditions such as divorce, adoption, citizenship, and mental competence.

Minimum contacts test

The standard established in International Shoe Co. v. Washington that replaced state territorial power with reasonableness and fairness in determining personal jurisdiction.

Traditional bases for in personam jurisdiction

Four grounds for amenability that do not require the minimum contacts test: residence in the forum state, consent to jurisdiction, waiver of objection, and physical presence in the forum when served.

Express consent (Personal Jurisdiction)

Direct agreement to personal jurisdiction, exemplified by corporate registration statutes (Mallory) and forum selection clauses (Carnival Cruise).

Implied consent (Personal Jurisdiction)

Jurisdiction inferred through conduct, exemplified by non-resident motorists statutes (Hess v. Pawloski).

Long arm statute

A state law that lists specific activities (such as doing business in the state) that create jurisdiction, or that reaches to the full limits of constitutional due process.

Specific jurisdiction

Personal jurisdiction exercised when the lawsuit arises from or relates to the nonresident defendant's contacts with the forum state.

General jurisdiction

Personal jurisdiction exercised when the lawsuit is unrelated to the nonresident defendant's contacts with the forum state, requiring contacts so continuous and systematic as to render the defendant essentially at home.

Fair play and substantial justice test

A five-factor balancing test evaluating: the burden on defendant, plaintiff's interest in convenient relief, forum state's interest, shared interstate policy interests, and the judicial system's interest in efficient dispute resolution.

Notice (Mullane Standard)

Constitutional due process requirement that notice must be reasonably calculated, under all circumstances, to apprise interested parties of the action and afford them an opportunity to appear and present objections.

Fed. R. Civ. P. 4(e)

Federal rule providing means of service on a competent adult, including personal delivery, leaving copies at defendant's dwelling with a person of suitable age and discretion, or serving an authorized agent.

Venue

Statutory rules governed by 28 U.S.C. § 1391 designed to ensure fairness to the defendant and the geographic allocation of caseload within the forum state.

Forum non conveniens

A procedural doctrine used to move cases from one forum to another based on fairness and convenience.

Subject matter jurisdiction

A court's authority to adjudicate based on the type of case and, in some instances, the dollar amount in controversy.

Federal question jurisdiction (28 U.S.C. § 1331)

Subject matter jurisdiction granted to federal courts over any civil action arising under the Constitution, laws, or treaties of the United States.

Diversity jurisdiction (28 U.S.C. § 1332)

Federal subject matter jurisdiction over claims between citizens of different states, or between state citizens and foreign citizens, where the amount in controversy exceeds $75,000$.

Complete diversity

The statutory requirement under 28 U.S.C. § 1332 dictating that all plaintiffs must have different citizenship from all defendants.

Nerve center

The legal test used to define a corporation's principal place of business for diversity jurisdiction purposes.

St. Paul Mercury test

The legal standard providing that the amount in controversy for diversity jurisdiction is determined by the plaintiff's good faith pleading.

Supplemental jurisdiction

The authority of a federal court to hear a related claim that lacks independent diversity or federal question jurisdiction.

Notice of Removal

The document filed by a defendant in federal court to transfer a case properly subject to federal jurisdiction from state court, attaching all state pleadings and notifying all parties and the state court.

Exclusive jurisdiction

Jurisdiction held solely by one court system to the exclusion of others, such as federal court jurisdiction over patent claims.

Concurrent jurisdiction

Jurisdiction shared simultaneously by different court systems, such as federal and state court jurisdiction over federal civil rights actions.

Original jurisdiction

The authority of a court to serve as the required forum at the inception or beginning of a legal case.

Appellate jurisdiction

The authority of a court to adjudicate a case only after it has been heard in a lower court or administrative tribunal.

Rules of Decision Act

Statute providing that the laws of the several states shall be regarded as rules of decision in civil actions in federal courts, except where federal law otherwise requires.

Erie doctrine

Principle from Erie Railroad Co. v. Tompkins establishing that when state law applies in federal court, the federal court must apply the substantive law of the state in which it sits.

Outcome determinative test

Rule from Guaranty Trust v. York stating that the Erie Doctrine mandates applying state law whenever that law affects substantive rights that are potentially outcome determinative.

Byrd balancing test

A test modifying the outcome determinative test by balancing federal and state interests, giving greater weight to state laws that are definitively outcome determinative.

Rules Enabling Act (28 U.S.C. § 2072)

Statute authorizing the Supreme Court to enact the Federal Rules of Civil Procedure provided that no rule may abridge, enlarge, or modify any substantive right.

Twin aims of Erie

The dual policy goals articulated in Hanna v. Plumer: (1) discouraging forum shopping, and (2) avoiding the inequitable administration of the laws.

Most significant relationship test

A common law choice of law rule adopted in Texas (Duncan v. Cessna) to determine which state or nation's law applies in the absence of a statutory rule or valid contractual clause.

Complaint

Plaintiff's initial pleading in federal court, which must contain an allegation of subject matter jurisdiction, a short and plain statement of the claim, and a demand for judgment.

Plausibility standard

Pleading rule from Twombly and Iqbal requiring a complaint to contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face.

Answer

Defendant's initial responsive pleading containing admissions, denials, or statements of lacking sufficient knowledge for each paragraph, as well as affirmative defenses.

Fed. R. Civ. P. 11

Rule requiring an attorney or pro se party to sign pleadings, certifying a reasonable inquiry that filings are not for improper purposes, are legally warranted, and are supported by evidence.

Motion for More Definite Statement (Rule 12(e))

A pre-answer motion filed when a pleading is so vague and ambiguous that the opposing party cannot reasonably be expected to prepare a response.

Motion to Strike (Rule 12(f))

A procedural motion used to challenge an insufficient defense or remove redundant, immaterial, impertinent, or scandalous material from a pleading.

Motion to Dismiss for Failure to State a Claim (Rule 12(b)(6))

A procedural motion challenging the legal sufficiency of the claims asserted in the complaint.

Compulsory counterclaim

Under F.R.C.P. 13(a), an opposing claim arising out of the same transaction or occurrence as the plaintiff's claim that is waived if not asserted in the pending lawsuit.

Third party claim (Impleader)

A claim asserted by a defending party against a newly joined nonparty based on derivative liability.

Doctrine of relation back

Under Fed. R. Civ. P. 15(c), a rule allowing untimely amended claims or newly added parties to relate back to the original filing date if they arise from the original claim's conduct.

Trial amendment

A motion granted by the court allowing an unpleaded claim to be treated as valid if evidence on that claim was presented during trial without defendant's objection.

Permissive claim joinder

A procedural rule that allows any party to join completely unrelated claims against existing opposing parties.

Required parties (Rule 19)

Parties who must be joined if feasible, or whose absence forces the court to determine whether to proceed or dismiss the action under Rule 19(b).

Permissive party joinder (Rule 20)

Joinder permitting multiple parties in an action if claims arise from the same transaction or occurrence and share any common question of law or fact.

Scope of discovery (Rule 26(b))

The federal standard authorizing discovery of any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case.

Initial disclosures (Rule 26(a))

Mandatory disclosures requiring parties to provide basic information regarding evidence intended for trial, damages calculations, and applicable insurance agreements.

Motion for Judgment on the Pleadings (Rule 12(c))

A motion decided strictly on the basis of the nonmovant's pleadings to evaluate whether those pleadings have adequately stated a legally cognizable claim or defense.

Summary judgment (Rule 56)

A judgment rendered prior to trial when the moving party shows there is no genuine issue of material fact and they are entitled to judgment as a matter of law.

Pretrial Order

A binding order that supersedes pleadings to govern the definitive trial issues of law and fact in federal court proceedings.

Voir dire

The procedural process of examining and questioning prospective jurors to identify qualifications and biases.

Challenge for cause

A request to excuse a prospective juror based on a specific showing of prejudice, bias, or inability to remain impartial.

Peremptory challenge

A limited number of jury strikes permitted to parties to excuse prospective jurors without articulating any reason.

Invoking The Rule

Requesting the court to exclude all nonparty witnesses from the courtroom so they cannot hear the testimony of other witnesses.

Seventh Amendment right to jury trial

Constitutional protection preserving the right to trial by jury in federal court suits at common law exceeding $20$ in controversy, excluding equity cases.

Judgment as a matter of law (Rule 50(a))

A mid-trial ruling (formerly directed verdict) granted if, viewing the evidence in the light most favorable to the nonmovant, a reasonable jury could not find for that party.

Renewed judgment as a matter of law (Rule 50(b))

A post-verdict motion (formerly JNOV) filed within $28$ days of entry of judgment, requiring a prior Rule 50(a) motion as an indispensable prerequisite.

Remittitur

A conditional judicial order granting a new trial unless the prevailing plaintiff agrees to accept a reduced amount of damages.

Additur

A conditional judicial order granting a new trial unless the defendant agrees to pay additional damages, prohibited under federal law as a Seventh Amendment violation.

Clearly erroneous standard

The highly deferential standard of review applied by federal appellate courts to a trial judge's findings of fact in a nonjury trial.

Claim preclusion (Res Judicata)

Doctrine barring the relitigation of an identical claim between the same parties following a valid and final judgment on the merits.

Merger

The branch of claim preclusion dictating that a final judgment for plaintiff merges the claim, preventing further suits except enforcement actions on the judgment.

Bar

The branch of claim preclusion dictating that a final judgment for defendant completely bars the plaintiff from asserting another action on that same claim.

Issue preclusion (Collateral Estoppel)

Doctrine preventing relitigation of specific issues of fact or law that were actually litigated, essential to the final judgment, and binding on the estopped party.

Offensive collateral estoppel

Nonmutual issue preclusion permitting a nonparty to a prior suit to assert issue preclusion against a party who had a full and fair opportunity to litigate that issue.