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Civil Procedure I
Terms and definitions for Civil Procedure
47
Law
Graduate
10/27/2010

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Term
State Subject Matter Jurisdiction
Definition
A state has general jursidiction over a civil action.
Term
Federal Subject Matter Jursidiction
Definition
A District Court has subject matter jurisdiction over a civil action based on either a federal question or diversity of citizenship.
Term
Federal Question
Definition
A District Court has original jursidiction over civil actions arising under the Constitution, laws and treaties of the United States.
Term
Diversity of Citizenship
Definition
A District Court has original jurisdiction over civil actions where the amount in controversy exceeds $75,000 and is between citizens of different states.
Term
The Well Pleaded Complaint
Definition
The court requires a short, plain statement showing that the plaintiff has a cause of action regarding a substantial federal question.
Term
Factors Determining Federal Question
Definition
Factors that determine federal question are the centrality of federal law to the underlying issue of the claim, congressional intent, and the structural consequences on the courts.
Term
Complete Diversity
Definition
The court requires that the citizenship of all the plaintiffs be compltely diverse from the citizenship of all the defendants.
Term
Personal Jursidiction
Definition
The court has personal jursidiction over a defendant based on the defendant's presence, domicile, consent, and minimum contacts.
Term
Presence
Definition
Jursidiction may be exercised over an indvidual by virtue of his presence within the forum state.
Term
Domicile
Definition
Jursidiction may be exercised over a person who is domiciled within the forum state.
Term
Consent
Definition
Jursidiction over a party can be exercised by virtue of the defendant's consent, even if she has no contacts whatsoever with the forum state.
Term
Contacts
Definition
In order for the court to exercise personal jursidiction that comports with fair play and substantial justice, the defendant must have the necessary contacts with the forum state.
Term
General Jurisdiction
Definition
A court has general jurisdiction over the defendant such that their contacts are continuous and pervasive.
Term
Specific Jursidiction
Definition
A court has specific jursidiction over a defendant such that their contacts are continuous but limited.  The claim must also arise from the defendant's contacts with the forum state.
Term
Purposeful Availment
Definition
The court may exercise personal jursidiction over a defendant if, by their contacts, they have purposefully availed themselves of the benefits and laws of the forums state.
Term
Forseeability (Purposeful Availment)
Definition
A defendant has purposeful availed themselves to the forum state if it is forseeable that they may be haled into court.
Term
Fair Play and Substantial Justice
Definition
Factors in determining whether the exercise of personal jursidction over a defendant comports with the notions of fair play and substantial justice include the burden of the defendant, the interests of the state in hearing the controversy, and the interest of the plaintiff in bringing their suit within the forum state.
Term
Federal Personal Jursidiction
Definition
A District Court may exercise personal jursidiction over a defendant if service of process was made within the territorial limits of the state in which the District Court sits, or anywhere else permitted by the laws of the state where the Distrcit Court sits.
Term
Venue (State Action)
Definition
Venue is authorized based on the county or city where the defendant resides.
Term
Venue Transfer (Federal)
Definition
A district court may transfer any civil action to any other district or division where it might have been brought.
Term
Citizenship
Definition
Citizenship for purposes of establishing diversity jurisdiction is not synonymous with residence, but is rather determined by domicile.
Term
Domicile
Definition
Domicile is determined by the last place oh which it was true both that one resided there and that one had the indefinite intent to remain.
Term
Stream of commerce
Definition
The mere fact a product finds its way into a state and causes injury is not enough to subject the out of state manufacturer or vendor to person jurisdiction.
Term
Removal for Diversity Cases
Definition
In cases of diversity, a defendant may not remove if he is a citizen of the state where the action is pending.
Term

Federal Personal Jurisdiction

(Diversity)

Definition
In claims based on diversity jurisdiction, a federal court may only assert personal jurisdiction that is allowed by the law of the state in which they sit, een if the state law does not go to the limits of due process.
Term

Federal Personal Jurisdiction

(Federal Question)

Definition
In claims based on federal question jurisdiction, a federal court may assert jurisdiction over a defendant if it has the sufficient minimum contacts with the state upon which the federal court sits, even though the courts of the state might not have hearda suit against the defendant.
Term

Venue

(Based on defendant location)

Definition
In both diversity and federal question cases, venue lies in any district where any defendant resides, so long as, if there is more than one defendant, all the defendants reside in the state containing that district.
Term

Venue

(Diverse defendants)

Definition
In both diversity and federal question cases, venue lies in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred.
Term
Forum shopping
Definition
The plaintiff has an incentive to choose the court more favorable to her case.  To prevent forum shopping, the courts generally apply state law in diversity cases.
Term
Sepremacy Clause
Definition
The federal Constitution, treatises, and constitutional statues always take precedence.
Term
Rules of Decision Act
Definition
In the absence of a federal constitutional or statutory provision on point, federal courts must follow state constitutions and statues.
Term
Erie Doctrine
Definition
In diversity cases, the federal courts must apply state common law on any substantive issue.
Term
York Outcome-Determinative Test
Definition
In cases based solely on diversity, the outcome of the litigation should be substantively the same as if the matter were tried in state court.
Term
Byrd Balancing Test
Definition
Where the state interst in having its policy followed is weak (form and mode) and the federal interest is strong, the court is likely to hodl that the federal procedural policy should be followed.
Term
Rules Enabling Act
Definition
Pursuant to the Rules Enabling Act, the FRCP, when applicable, take precedence over state policy.
Term
Is the statute on point?
Definition
To determine whether the statute is on point, courts will narrowly construe it to cover those situations that Congress intended them to cover.
Term
Is the rule valid?
Definition
To establish whether a rule is valid under the REA, courts will determine whether it application will abridge, enlarge or modify the substantive rights of the parties.
Term
Supplemental Jurisdiction over Claims
Definition
The district courts shall have supplemental jurisdiction over all claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III.
Term
Compulsory Counterclaim
Definition
A counterclaim is compulsory of it arises out of the transaction or occurence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction."
Term
Rule 8
Definition

Pleadings

a) Claims for Relief

1) Short plain statement of jurisdiction

2)entitlement

3)relief

b) Defenses

Term
Rule 12
Definition

Defenses

 

a)Time to Serve

1) General

A) Defendant's answer

i) 21 days

B) Counterclaim/Cross

C) Reply

b) Motions/Defense

1) SMJ

2)PJ

3)Venue

4) Insufficient process

5) Insufficient service of process

6) Failure to 8

7) Failures to Join 19

Term
Rule 13
Definition

Counterclaim and Crossclaim

a)Compulsory

1) STOO

b) Permissive

g) Crossclaim Against Coparty

STOO of Original

h) Joinider of Parties

See 19-20

 

Term
Rule 14
Definition

Impleader (Third-Party Pracice)

a) D Joins TPD

1) is or may be liable to it for all or part of the claim against it

2) TPD Claim/Defense

A) Rule 12

B) Rule 13a,b,g

 

 

Term
Rule 20
Definition

Permissive Joinder of Parties

1) Plaintiffs

a) jointly/severally/alt

b) question of law or fact

2) Defendants

Same

Term
Burnham
Definition

PJ based on Presence

Based on Minimum Contacts

Based on Tradition

(Split Court)

Term
Gibbs
Definition
Common Nucleus of Operating Fact
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