Civil Procedure
This domain tests jurisdiction, venue, pleading, joinder, discovery, dispositive motions, and preclusion - mostly under the Federal Rules.
Personal and subject-matter jurisdiction
Specific jurisdiction requires purposeful availment, relatedness, and reasonableness. General jurisdiction exists where the defendant is essentially at home. Diversity requires complete diversity and more than $75,000; federal question jurisdiction requires a claim arising under federal law. Supplemental jurisdiction reaches claims forming part of the same case or controversy, subject to statutory limits.
Erie and pleading
Under Erie, federal courts apply state substantive law and federal procedural rules. Pleadings must satisfy Rule 8 notice standards, but plausibility review under Twombly and Iqbal requires factual allegations supporting a plausible entitlement to relief. Rule 12(b)(2)–(5) defenses are waived if omitted from the first Rule 12 motion.
Disposition and preclusion
Summary judgment requires no genuine dispute of material fact, viewing evidence in the nonmovant's favor. Claim preclusion requires a final judgment on the merits, the same claim, and identity or privity of parties; issue preclusion requires actual litigation and a necessary determination.
Worked example
An out-of-state retailer ships 4,000 orders a year into the forum and maintains a customer-service portal there. A forum buyer sues over a defective delivery. Purposeful availment is established, the claim arises from the forum contacts, and reasonableness factors (burden, forum interest, efficiency) favor jurisdiction. Specific jurisdiction exists.
Traps
- Treating general jurisdiction as any substantial business activity.
- Forgetting that a sham non-diverse defendant still destroys diversity.
- Missing the Rule 12 waiver trap.
- Confusing claim preclusion with issue preclusion.