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Civil Procedure (Jurisdiction (Subject-matter jurisdiction (Original…
Civil Procedure
Jurisdiction
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Personal
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If court has quasi in rem jurisdiction over property that is attached to satisfy judgment in the action
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Venue v. transfer
Venue is proper
where any defendant resides, if all defendants reside in that state
in the federal district where a substantial part of the claim arose or where the property is located; or
where the defendant can be found provided the court has personal jurisdiction, if there is no other district in which the action may otherwise be brought
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Pleadings
Joinder of claims
Plaintiff may join as many claims as they have against a defendant regardless of whether there is any connection between those claims
Joinder of parties
Plaintiff may join parties to the same lawsuit if the claims involving those parties derive from the same transaction or occurrence, or the same series of common transactions and occurrences
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Motions
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Judgment as a matter of law - motion made at close of opponents's case stating that there is a legally insufficient amount of evidence which a jury could find for the non-moving party
Default judgment - entered against a defendant who failed to respond to the complaint in a timely manner
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Discovery
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work-product doctrine - covers any material an attorney prepared for litigation and was not in the ordinary course of business
Preclusion - parties are barred from relitigating claims or issues that they have already fully and fairly litigated to final judgment on the merits
Res judicata - a claim cannot be litigated if the claim arises between the same parties or those in privity with them; it arises out of the same transaction or occurrence; the court determined the claim on the merits and had proper subject matter and personal jurisdiction