Civil Litigation
The Life of a Case
Civil litigation moves from pleadings through discovery to trial and appeal. A candidate must know the pleading sequence: complaint, service of process, answer, and the responsive pleadings - counterclaim (against the plaintiff), cross-claim (against a co-party), and third-party claim (against a nonparty). Motions to dismiss under Rule 12(b) challenge jurisdiction, venue, or failure to state a claim; summary judgment is proper only when no genuine dispute of material fact exists. Discovery tools include interrogatories, requests for production, requests for admission, and depositions, bounded by relevance and proportionality. Distinguish attorney-client privilege from work product.
Traps
Questions love the counterclaim/cross-claim swap and the timing of removal. Remember that a 12(b)(1) motion attacks subject-matter jurisdiction and is never waived, while 12(b)(6) attacks the pleading. Default judgment requires a failure to plead or otherwise defend, not merely a weak answer. Sanctions require a discovery violation and often a meet-and-confer.
Worked Example
Plaintiff sues Defendant A and Defendant B. A believes B caused the injury. A files a cross-claim against B, not a counterclaim, because B is a co-party. Rule of thumb: counterclaim = plaintiff; cross-claim = co-party; third-party claim = new party.