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Free flashcards to ace your Bar exam - Civil Procedure
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Civil Procedure
10 flashcards
Subject matter jurisdiction refers to a court's authority to hear and decide a particular type of case based on the nature of the claims involved.
The main sources of federal subject matter jurisdiction are federal question jurisdiction (cases involving federal law) and diversity jurisdiction (cases between citizens of different states with an amount in controversy exceeding $75,000).
Personal jurisdiction refers to a court's power to bind a particular defendant to the judgment of the court. It requires that the defendant have sufficient minimum contacts with the forum state.
The purpose of pleadings is to give notice to the court and the opposing party of the claims and defenses being asserted.
The main pleading that initiates a civil lawsuit is the complaint.
A plaintiff must include a short plain statement of the grounds for the court's jurisdiction, a short plain statement of the claim showing entitlement to relief, and a demand for the relief sought.
The main stages of a civil trial are jury selection, opening statements, presentation of evidence, closing arguments, jury instructions, jury deliberations, and verdict.
The main rules are relevancy, authenticity, hearsay exceptions, and privilege exceptions.
The burden of proof in a civil case is the preponderance of the evidence standard, meaning the claims must be more likely true than not true.
Examples of permissible pretrial discovery include interrogatories, requests for production of documents, requests for admissions, and depositions.