Civil Procedure Final Review Outline

Subject Matter Jurisdiction

Court's authority to hear specific case types.

Personal Jurisdiction

Court's authority over parties involved in a case.

Federal Question Jurisdiction

Federal courts' jurisdiction over constitutional issues.

Concurrent Jurisdiction

Both state and federal courts can hear cases.

Exclusive Jurisdiction

Only federal courts can hear specific cases.

Well-Pleaded Complaint

Federal issue must appear in plaintiff's complaint.

Diversity Jurisdiction

Federal courts hear cases between citizens of different states.

Amount in Controversy

Plaintiff must seek over $75,000 for diversity cases.

Complete Diversity

No plaintiff shares state citizenship with any defendant.

Minimal Diversity

At least one plaintiff differs from at least one defendant.

Federal Interpleader Act

Allows minimal diversity for statutory interpleader actions.

Class Action Fairness Act

Allows federal jurisdiction for large class actions.

Interstate Mass Torts

Involves multiple states with significant casualties.

Domicile

Permanent home where an individual resides.

Corporate Citizenship

Determined by incorporation and principal business location.

Unincorporated Association Citizenship

Based on members' domiciles, not the association's location.

Legal Representative Citizenship

Determined by the representative's citizenship, with exceptions.

Class Action Representative Citizenship

Determined by named class representatives' citizenship.

Good-Faith Assertion

Plaintiff's claim of amount in controversy sufficiency.

Legal Certainty

Standard to challenge plaintiff's amount in controversy claim.

Timing of Diversity Determination

Diversity assessed when the complaint is filed.

Citizenship of Foreign Citizens

Treated as state citizen where domiciled.

Citizenship of Decedent

Controls for litigation involving the decedent's estate.

Aggregation of Claims

Combining multiple claims into one lawsuit.

Single Plaintiff vs. Single Defendant

Aggregation allowed for one plaintiff against one defendant.

Single Plaintiff vs. Multiple Defendants

Aggregation allowed if defendants are jointly liable.

Multiple Plaintiffs vs. Single Defendant

Aggregation allowed with common undivided interest.

Counterclaims

Claims made by a defendant against a plaintiff.

Amount-in-Controversy Requirement

Minimum monetary threshold for federal jurisdiction.

Permissive Counterclaim

Must meet amount-in-controversy requirement.

Compulsory Counterclaim

Does not need to meet amount-in-controversy requirement.

Supplemental Jurisdiction

Allows additional claims related to original jurisdiction.

Common Nucleus of Operative Facts

Basis for supplemental jurisdiction over additional claims.

Assignment of Claims

Transferring claims to affect jurisdiction.

Indispensable Parties

Essential parties not named can affect jurisdiction.

Voluntary Change of Citizenship

Changing state citizenship to affect diversity.

Replacement of Parties

Substituting parties can impact jurisdiction.

Crossclaims

Claims between co-defendants or co-plaintiffs.

Removal Jurisdiction

Defendant's right to move case to federal court.

Motion to Remand

Request to return case to state court.

Complete Diversity Rule

No plaintiff can be from the same state as any defendant.

Jurisdictional Amount

Minimum amount required for federal court cases.

Supplemental Claim

Claim related to original claim within jurisdiction.

Federal Question

Jurisdiction over cases involving federal law.

Forum-Defendant Rule

No removal if defendant is from the forum state.

Notice of Removal

Document filed to transfer case to federal court.

30-Day Rule

Notice of removal must be filed within 30 days.

Consent Requirement

All defendants must agree to removal in diversity cases.

Bad Faith Exception

Allows removal after one year if plaintiff acted improperly.

Remand

Returning a case to state court for lack of jurisdiction.

Timeliness of Removal

Removal notice must be timely filed after service.

Competing Laws

Conflicting laws that may require choice-of-law analysis.

Minimum Contacts

Defendant's connection to the forum state for jurisdiction.

In Rem Jurisdiction

Jurisdiction over property rather than persons.

Quasi In Rem Jurisdiction

Jurisdiction based on property related to the case.

In Personam Jurisdiction

Jurisdiction over a person for personal liability.

Voluntary Presence

Jurisdiction over a defendant present in the state.

Express Consent

Agreement to jurisdiction through contract or stipulation.

Implied Consent

Agreement to jurisdiction through actions or behavior.

Due Process Clause

Limits jurisdiction to fair and reasonable exercise.

30-Day Motion to Remand

Must be filed for defects other than jurisdiction.

Proper Venue

Case must be filed in the correct federal district.

Long-arm statute

State law allowing jurisdiction over out-of-state defendants.

Attachment of property

Property linked to claim enables jurisdiction establishment.

Due Process Requirements

Criteria ensuring fair legal proceedings for defendants.

Purposeful availment

Defendant's substantial contacts with state imply jurisdiction.

Specific jurisdiction

Jurisdiction based on defendant's specific state contacts.

General jurisdiction

Jurisdiction over defendants with systematic state connections.

Fair play and substantial justice

Legal principle ensuring fairness in jurisdiction claims.

Interest of forum state

State's stake in adjudicating the legal matter.

Burden on defendant

Impact of litigation on the defendant's resources.

Judicial efficiency

Court's interest in resolving cases effectively.

Shared interests of the states

Collaboration among states for common legal policies.

Nationwide service of process

Federal statute allowing jurisdiction across state lines.

Bulge provision

Jurisdiction for parties served near federal court.

Unusual provision

Jurisdiction for defendants without state contacts.

Foreseeability

Defendant's anticipation of being sued in the state.

Relatedness

Connection between cause of action and state contacts.

Federal Rule 4(k)

Federal rule outlining personal jurisdiction alternatives.

Foreign corporations

Entities not incorporated in the forum state.

Resident corporation

Corporation incorporated in the forum state.

State of Incorporation

A corporation's home state for jurisdiction purposes.

Principal Place of Business

Location where a corporation's main operations occur.

Notice Requirement

Must inform parties of pending legal actions.

Opportunity to be Heard

Right to present a case before property deprivation.

General Venue Rule

Guidelines for proper venue in federal civil actions.

Substantial Part of Events

Key location for claims based on significant occurrences.

Substantial Part of Property

Location of property involved in the legal action.

Fallback Venue Alternative

Venue where defendant is subject to personal jurisdiction.

Individual Residency for Venue

Domicile determines venue for individual plaintiffs.

Business Entity Residency for Venue

Principal place of business determines venue for entities.

Entity Approach

Used for partnerships in venue, not diversity jurisdiction.

Change of Venue

Court's ability to transfer case for justice.

Improper Venue Consequence

Court must dismiss or transfer case to proper district.

Transfer Consent

Parties can agree to transfer case to another venue.

Property Presence Requirement

Property must be located in the forum state.

Lien Foreclosure

Legal action to enforce a lien on property.

Venue

Location where a case is properly heard.

Conflict-of-Law Rules

Rules determining applicable law across jurisdictions.

Forum Non Conveniens

Dismissal due to inconvenient forum for parties.