NCA Civil Procedure flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Subject-Matter Jurisdiction

A federal court's power to hear a case, based on federal question under 28 U.S.C. §1331 or diversity of citizenship with more than $75,000 in controversy under §1332. It cannot be waived.

Diversity Jurisdiction Amount

The amount in controversy must exceed $75,000, exclusive of interest and costs. The plaintiff's good-faith claim generally controls unless it appears to a legal certainty the claim is less.

Complete Diversity Rule

No plaintiff may share state citizenship with any defendant for diversity jurisdiction. Citizenship is determined at the time the complaint is filed, and corporations have dual citizenship.

Personal Jurisdiction

A court's power over a defendant, requiring a statutory basis and due process: minimum contacts, purposeful availment, relatedness of the claim, and fairness factors.

General Jurisdiction

Jurisdiction over any claim against a defendant who is at home in the forum state, meaning the place of incorporation, principal place of business, or continuous and systematic operations.

Specific Jurisdiction

Jurisdiction over claims arising out of or relating to the defendant's purposeful contacts with the forum, evaluated under minimum contacts and fairness considerations.

Venue Requirements

Under 28 U.S.C. §1391, venue is proper where defendants reside if all reside in one state, where substantial events occurred, or where any defendant is subject to jurisdiction.

Rule 8 Pleading Standard

A pleading must contain a short and plain statement of the grounds for jurisdiction and of the claim showing entitlement to relief, plus a demand for relief sought.

Rule 12(b)(6) Motion

A motion to dismiss for failure to state a claim on which relief can be granted. It tests legal sufficiency, not the existence of evidence, and is decided on the pleadings.

Waivable Rule 12 Defenses

Lack of personal jurisdiction, improper venue, insufficient process, and insufficient service are waived if not raised in the first Rule 12 response or answer.

Removal Procedure

A defendant files a notice of removal in federal court within 30 days of service, with all defendants joining. The case must be one federal courts could have heard originally.

Forum Defendant Rule

A diversity case may not be removed if any properly joined and served defendant is a citizen of the forum state, limiting removal to truly out-of-state disputes.

Discovery Proportionality

Rule 26(b)(1) permits discovery of nonprivileged material relevant to any claim or defense and proportional to the needs of the case, considering importance, cost, and resources.

Attorney Work Product

Documents prepared in anticipation of litigation are protected under Rule 26(b)(3) unless the requesting party shows substantial need and undue hardship, with opinion work product nearly absolute.

Summary Judgment Standard

Under Rule 56, judgment is granted when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law. Evidence is viewed in the nonmovant's favor.

Claim Preclusion

A final judgment on the merits bars a later suit on the same claim by the same parties or their privies, including claims that were or could have been raised.

Issue Preclusion

An issue actually litigated and necessarily decided in a prior case cannot be relitigated by a party against whom the determination was made, even in a different claim.

Erie Doctrine

In diversity cases, federal courts apply state substantive law and federal procedural law. If no federal rule governs, state law applies when outcome-determinative.

Rule 23 Class Certification

Requires numerosity, commonality, typicality, and adequacy, plus a Rule 23(b) category: prejudice risk, injunctive relief, or predominance and superiority.

Rule 19 Necessary Party

A party whose joinder is required when complete relief cannot be afforded without it or its interest would be impaired. If joinder is infeasible, the court weighs dismissal.

Rule 20 Permissive Joinder

Plaintiffs or defendants may be joined if they assert or are subject to claims arising from the same transaction or occurrence and share a common question of law or fact.

Rule 24 Intervention

A nonparty may intervene as of right with a related interest that disposition may impair, absent adequate representation, or permissively with a common question.

Rule 50 Judgment as Matter

After the nonmovant has been fully heard, the court may grant judgment as a matter of law if no reasonable jury could find for the nonmovant on the issue.

Final Judgment Rule

Under 28 U.S.C. §1291, appeals lie only from final decisions, meaning orders ending the litigation on the merits, subject to limited interlocutory exceptions.

Rule 4 Service of Process

A summons and complaint must be served on individuals personally or at their dwelling and on corporations through an officer, managing agent, or registered agent.

Rule 55 Default Judgment

The clerk enters default when a defendant fails to plead or defend. Judgment by the clerk requires a sum certain; otherwise the court conducts a hearing on damages.

Rule 15 Amendment

A party may amend once as of course within 21 days of a responsive pleading or Rule 12 motion; otherwise leave is freely given when justice requires.

Relation Back Doctrine

Under Rule 15(c), an amendment adding a claim relates back to the original filing date when it arises from the same conduct, transaction, or occurrence.

Rule 26 Initial Disclosures

Parties must disclose without request the identities of witnesses, copies of documents, a damages computation, and insurance agreements within 14 days of the Rule 26(f) conference.

Motion for New Trial

Under Rule 59, a court may grant a new trial for errors affecting substantial rights or when the verdict is against the clear weight of the evidence.

Supplemental Jurisdiction

Under 28 U.S.C. §1367, federal courts may hear claims part of the same case or controversy, but diversity cases cannot add claims against nondiverse parties.

Forum Non Conveniens

A court may dismiss a case when a substantially more convenient forum exists abroad, considering private and public interests, provided the defendant waives limitations defenses.