Civil Procedure fill in the blank

Personal jurisdiction requires that D be _______ to the forum state's jurisdiction, and that D be ________________.

Amenability to personal jurisdiction is governed by the __________, subject to the limits of the _____________ of the United States Constitution.

Pennoyer v. Neff described three bases for state jurisdiction over persons and things. They are:

Pennoyer based its jurisdictional formula on __________ over persons and property within its borders.

Under Pennoyer's in personam jurisdiction, a judgment in P's favor:

Under Pennoyer's in rem jurisdiction, a judgment in favor of P

Under Pennoyer's quasi in rem jurisdiction, a judgment in P's favor:

Another type of jurisdiction not discussed in Pennoyer is ________, which involves the state's authority to adjudicate such matters as divorce, adoption, citizenship and mental competence.

Internation Shoe Co. v. Washington altered Pennoyer's rule for personal jurisdiction, replacing the concept of __________ with the new standards of _______ and _________ provided by the "minimum contacts test."

The current test for amenability, following International Shoe and other cases, does not require the minimum contacts test if D satisfies one of the 4 traditional bases for in personam jurisdiction. Those are:

Consent to jurisdiction has two form, _______ consent and ________ consent. ___________ are an example of express consent, and __________ are an example of implied consent.

If none of the traditional bases are present, a state may only exercise in personam jurisdiction over D's who have minimum contacts with the state. The 2 categories of minimum contacts are _______ and ________.

__________ has four contacts test, which are that the D

General jurisdiction has one contact test, which is that it has _____________ with the forum state.

If D has no contacts with the forum, and doesn't meet one of the 4 traditional bases of jurisdiction, then there is ___________ over that D. If, on the other hand, D does not have specific or general contacts, then the court must consider the ____________. This is a ________ with five factors, which are:

The due process requirement for notice to D is stated in Mullane v. Central Hanover. Notice is constitutionally sufficient if it is ___________, under all circumstances, to apprise ________ parties of the pendency of the action, and afford them an _______ and ________.

An abbreviated version of the Mullane notice rule is that _______ requires ______ and an ___________.

Which rule of the Federal Rules of Civil Procedure deals with initially notifying the D of the lawsuit?

Under Fed. R. Civ. P. 4, the two primary methods for service of process on a competent adult are:

In most cases, the federal method of service on D's outside the district is by the _________ statute of the state in which the federal court sits.

The purposes of venue rules are:

The federal statute for general venue provisions is:

The purpose of forum non conveniens is to move ________ based on fairness and convenience.

Subject matter jurisdiction refers to the court's authority to adjudicate based on the _________ and in some cases, __________.

Federal courts have subject matter jurisdiction over two types of cases:

The statute dealing with general federal question jurisdiction is _______. It provides that federal courts have jurisdiction over any ____________ of the United States.

In addition to the general federal question provisions in 28 U.S.C. 1331, there are specific statutes on federal question jurisdiction, including actions against:

Diversity jurisdiction is covered by ______. That statute provides that federal courts have subject matter jurisdiction over claims between ______ , or between ________ and ________, where the amount in controversy _______.

Although the Constitution requires only _____ diversity, 28 U.S.C. 1332 requires ______ diversity. This means that all P's must have different citizenship than all the D's.

For diversity purposes, a corporation has 2 citizenships, which are:

For diversity purposes, partnerships have the citizenship of ________.

The amount in controversy is determined by P's __________.

In achieving the amount in controversy, may P aggregate:
1. all of P's claims against one D?
2. alternate theories of recovery for the same wrong?
3. claims of different P's?
4. claims against different D's?

In some cases, a related claim that lacks diversity or federal question jurisdiction may be included. This is called ________.

Federal courts traditionally abstain from _______, ________, and ___________.

If P has filed his action in state court, and jurisdiction is proper in federal court, D may remove the case to federal court. This is done by file a ________ in federal court, attaching a copy of _______ and __________ to the state court and all parties.

If there is a _______ defect in the removal, the case must be remanded to state court no matter when the objection is made.

If there is a _______ defect in the removal, the case must be remanded to state court if a ____________.

State court subject matter jurisdiction is governed by _______.

In state courts, subject matter jurisdiction is designated by _______ and/or _______.

In Texas, state district courts have _________ over all claims of ____ or more in controversy.

Federal courts have ______ jurisdiction over patent claims. Federal and state court share ________ jurisdiction over ________.

A court has _______ jurisdiction if it is the required forum at the beginning of the case. A court has _____ jurisdiction if it may adjudicate a case only after it has been heard in lower court.

A Texas state district court has ______ jurisdiction over any dispute involving $500 or more, and ______ jurisdiction over appeals from Texas state agency decisions.

A federal district (trial) court has _____ jurisdiction over appeals from federal administrative agency decisions.

The United States Supreme Court has ______ jurisdiction over disputes between states.

The Rules of Decision Act provides that ______, except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as _____ in civil actions in the courts of the United States, in cases where they apply.

__________ interpreted the Rules of Decision Act to require federal courts to apply the __________ in cases where state law applied.

Erie Railroad Co. v. Tompkins reversed Swift v. Tyson, holding that when state law applies in federal court, the federal court must apply __________________.

___________ coined the ________, which provides that the ______ Doctrine mandates state law only where it affects substantive rights that are potentially outcome determinative.

__________ modified the ________, holding that the court should _________ in the cases to determine which interests were stronger. ______ further held that one factor of the balancing test is whether state law in question is ________ outcome determinative. Thus, ______ gives more importance to state laws that absolutely change the outcome of the case.

To determine the content of state law in federal court, the Erie Doctrine directs that the court look to ______ and ____________. Persuasive but not binding authority is found in ________ and _______. Erie also allows courts to make an _______ as to state law.

The Rules Enabling Act (28 U.S.C. 2072) provides the United States Supreme Court may enact the _______, provided that no rule may ______ any substantive right.

The most prominent Rules Enabling case is _________, which resolves the conflict between Rules Enabling Act and the _________.

__________ also provides the current version of the _____ Doctrine, holding that if there is no _________ on point, then apply the Byrd test subject to the ____________.

Choice of law is the process by which courts determine which _________ law will be applied in a case.

Choice of law rules may be _______ or ________.

One example of a choice of law statute is Texas Civil Practice and Remedies Code 71.031, which provides that in wrongful death actions the law of the state __________ will govern.

One example of a common law choice of law rule is the Texas case of Duncan v. Cessna, which holds that Texas courts will use the __________ to choose the governing law. This rule applies except where there is a ____________, or where the action is based on contract that contains a __________.

In federal courts, choice of law for non-federal-question cases is controlled by the choice of law rules of _______________.

In federal court, P's initial pleading is called a __________. It must contain:

In federal court, D's answer must respond to each paragraph of P's complaint with one of the following:

In addition to the foregoing, D may plead __________. If D fails to plead these, they are ________. They are:

F.R.C.P. 11 requires that an attorney or pro se party sign each pleading, which certifies that he or she has made a ________, and that the pleading is:

If P's initial pleading is so vague or ambiguous that D cannot be reasonably be expected to respond, D may file a _______ under F.R.C.P. 12(e). This must be filed ______ the Answer.

D may use a _______ under F.R.C.P. 12(f) to challenge any insufficient defense, or any redundant, immaterial, impertinent, or scandalous matter.

D should always challenge P's Complaint by a __________ under F.R.C.P. 12(b)(6). This allows the court to test the ______ of P's claim.

D may challenge ________ at any time. D must challenge ________ and ______ at the first opportunity or waive them.

Two types of counterclaim are ______ and _______. A ______ counterclaim is one related to P's claim. If it is not asserted, it is ________.

A third party claim is one brought by a D against a _______. It is based on ________ liability. _______ may also bring a third party claim in defense of a counterclaim.

Pleadings may be amended to add new ___________, and new _______ or ___________.

If a pleading adds a new claim that is barred by the statute of limitations, that new claim will be allowed if it is related to the original claim and if the new claim would have been timely if filed with the original claim. This is the __________.

The doctrine of relation back also allows a P to add a new D after the statute of limitations has run if the ______ in Rule 15(c) is satisfied.

If P presents evidence on an unpleaded claim during trial and D fails to object, that unpleaded claim will valid if the court grants P's ___________.

One exception to the liberal federal pleading rule (short plain statement of the claim) is that allegations of ______ must plead with particularity.

Until recently, most state courts used code pleading, which required P to plead _________ relating to every element of his claim.

Many states have abandoned code pleading, replacing it with ______ pleading requirements based on the _________.

Texas still requires P to plead _________. However, it may not be necessary in each case to plead every ________.

Many state courts still permit a ______, with which D challenges the ____________ of P's claim. This is similar to F.R.C.P. 12(b)(6) Motion to Dismiss for Failure to State a Claim. Texas does not permit a _______.

F.R.C.P. 13(a) requires D to assert any opposing claim against P that ____________ that is the subject matter of P's claim. This is known as a __________. If D fails to assert such a claim, he is ______ from raising the same claim in later lawsuit.

Exceptions to requirement of asserting claims according to F.R.C.P. 13(a) are:

Permissive joinder allows any party to join ____________ against _________.

In spite of liberal rules for permissive joinder, all crossclaims and third party claims must be _______ to P's claim. However, once a party has properly asserted a crossclaim or third party claim, that party may join an ________ claim.

Compulsory parties are those who must be joined if possible. FRCP 19 addresses this issue in two parts:

FRCP 20 governs permissive joinder of parties. It permits ___________ to join in one lawsuit if:

Two other requirements for naming parties to a lawsuit are:

Procedural devices for adding multiple parties include:

The scope of discovery, both in Texas and federal courts, is all matters _________ that are ______________.

The forms of discover are:

Privileges shield information from discovery, such as:

Discovery exemptions have a similar effect. These include:

The privileges and exemptions listed above must be raised before the deadline for responding to that discovery request or they are __________.

In addition to waiver, the privileges and exemptions may have exceptions that _________________.

Devices for dismissal include:

A Motion for Judgment on the Pleadings may be filed by ____________. In deciding the motion, the court will look only to the ___________ to determine if that pleading has stated a ______ or ______.

FRCP 56 provides that for summary judgment, the _______ is on the ________ to show that:

One major difference between a motion for summary judgment and motions under Rules 12(b)(6) (failure to state a claim) and 12(c) (judgment on the pleadings) is that a summary judgment motion may include _______. In addition, the court is entitled to examine other evidence in the _______, such as discovery on file with the court.

For summary judgment under Rule 56(b) (in favor of the party not having the burden of proof at trial), the movant may meet the first part of the burden (no dispute of material fact) by:

For summary judgement under Rule 56(a) (in favor of the party bearing the burden of proof at trial), the movant must meet the burden of proof by _______________ of the claim or defense.

Once the movant has met the initial burden under Rule 56(a) or 56(b), the burden shifts to _______, who may defeat the motion for summary judgment by:

In deciding the motion for summary judgment, the court must view the evidence in the __________________.

To create a fact dispute that will prevent summary judgment, nonmovant must offer opposing evidence on which _____________. If reasonable minds could not differ, then there is no fact dispute, and the judge may render summary judgment.

Anderson v. Liberty Lobby emphasizes that the question before the court on a motion for summary judgment is whether there is ___________ to withstand a motion for __________, that is, sufficient evidence to send the case to a jury.

If a party lacks evidence to respond to a motion for summary judgment, that party may seek ________ under Rule 56(f).

In federal court, the trial issues of law and fact are governed by a _________. In state courts that do not use a _________, the issues of fact and law are governed by the ____________.

The process of questioning prospective jurors is called _______.

There are two kinds of challenges to prospective jurors:

Asking the court to order all witnesses other than parties to leave the room is known as _____________.

A D may move for the ___________ if he has the burden of proof on all the remaining issues.

Under the Seventh Amendment to the United States Constitution, all parties have a right to trial by jury in __________ exceeding _______ in controversy.

Parties have no constitutional right to trial by jury in ____ cases. However, the states may grant the right to trial by jury in _____ cases.

The right to jury trial is presumed to exist under a federal statute unless that statute __________ the right.

If a party fails to request a jury within the time allowed by ________, the right to a jury trial is ________.

After all evidence and arguments have been presented, the judge describes the applicable law to the jury in ___________. If the judge instructs the jury incorrectly on an issue of law, this is ___________ even though it applies to the jury's function.

If a jury is not requested, the court conducts a non-jury trial in which the judge becomes the _____________.

As of Dec. 1, 1991, the FRCP were amended so that "directed verdict" and "judgment notwithstanding the verdict" are both known as ____________________.

In a jury trial, at the close of P's evidence, D may move for a ___________ (the old directed verdict) under FRCP 50(a). The judge may grant it if, viewing the evidence in the _________________, a reasonable jury could not find for P.

The judge should _____ the motion for directed verdict if:

If the motion for judgment as a matter of law (or directed verdict) is denied, D presents his case. At the close of D's evidence, ________ may move for judgment as a matter of law, which may be granted if, looking at all the evidence favorable to the ______, and only the unquestionable evidence in _______ favor, a reasonable jury could only find for movant.

After the jury has returned its verdict, the losing party may move for ____________ (old JNOV) under FRCP 50(b) anytime within ____ days after entry of judgment. However, movant must have filed a motion for ________ during trial as a prerequisite.

After trial, the losing party may file a Motion for a New Trial within ____ days after entry of judgment. The trial judge may grant a new trial on any of the following grounds:

The Court of Appeals may reverse the trial judge's granting of a Motion for a New Trial only if there was ______ to support the granting of a new trial.

Courts may grant a new trial, conditioned on remittitur or additur. _______ orders a new trial unless P accepts alesser amount of damages. ______ orders a new trial unless D agrees to pay extra damages. Federal law prohibits ______ as a violation of the right to jury trial.

A new trial may be granted for newly discover evidence if the following conditions are met:

An exception to the reasonable diligence requirement in the prior question is that even if the new evidence was discoverable by reasonable diligence, a new trial will be granted if to do otherwise would be a ________________.

Under FRCP 60(a), a party may correct ______ and other _______ in a judgment. Under FRCP 60(b), a party may ask for a new trial based on ___________.

A party may also challenge a final judgment by ________ alleging ________ or _______.

There are 3 methods for challenging a judgment based on newly discovered evidence or fraud:

Appellate courts primarily review _______. In order to receive appellate review, there must be plain error that was ______ by a ________.

Appellant may preserve error by objecting at the time of the error and making it known to the court:

Appellate courts may also review the jury's decision, but only as to the _________, which is also a question of ____.

_________ courts may review the trial judge's Findings of Fact in a _______. The standard of review is ___________.

The 4 procedures for appearing before the Supreme Court are:

Preclusion is the doctrine that limits the relitigation of issues and claims. The two kinds of preclusion are:

Another name for preclusion is ___________.

Claim preclusion includes the doctrines of ______ and ______.

Merger applies to judgments for _____. It provides that a ________ judgment for P :

Bar applies to judgments for ______. It provides that a judgment for D _____________ on the same claim.

The elements of claim preclusion are:

Claim preclusion does not apply to certain actions, including:

Issue preclusion is also known as ________.

Issue preclusion does not apply to whole lawsuits, but to:

Issue preclusion no longer requires ________. This is also known as offensive collateral estoppel. It means that a person who was not a party to the first lawsuit can use the results of that action against any person who 1. was a _____ and 2. had a ________.

The Law of the Case Doctrine is another preclusion device that prevents relitigation of the same issues within _________ prior to the final judgment.