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Civil Procedure (Jurisdiction: power of the court (Personal Jurisdiction:…

- - - - Federal court has jurisdiction if:
        
        claim arises out of federal law or is created by state law but depends on a substantial federal question.
        
        Diversity jurisdiction: diversity of citizenship and 75k in controversy
        
        Individual's citizenship is determined by domicile. Corporation is a citizen of its state of incorporation and state where its principal place of business is located (usually HQ). A partnership or association is deemed a citizen of every state in which one of its members is a citizen.
  - - - quasi in rem: over property that is attached too atisfy judgement in that action.
    - - Whether someone purposefully availed itself of the benefits of the forum state.
- - - - Based on the doctrine of forum non convenient: for the convince of the parties and witnesses in the interest of justice. Substantial deference is given to the P's choice of forum
- - - - Rule 12(b) defenses must be filed within the first responsive pleading.
        
        12(b) defenses include: lack of personal jurisdiction, insufficient service of process or insufficient process, improper venue, failure to state a claim, failure to join an indispensable party.
        
        Defendant must file an answer that fairly and precisely admit or deny every allegation. Answer must include the previous 12(b) defenses and all affirmative defenses
        
        Affirmative defesnes 8(c)(1): accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, licenses, payment, release, res judicator, statute of frauds, statute of limitations, waiver.
        
        A plaintiff may amend its complaint within 21 days of service upon the defendant. After that, a plaintiff may file leave too amend.
- - - - a plaintiff may join as may join as many claims as they have against a defendant regardless of whether there is any connection b/w those claims.
        
        third parties outside of the lawsuit may join a suit and bring claims:
        
        Impleader: defendant may bring in a third party if that party may be liable to defendant for all or party of the defendants liability to the palintiff
        
        interpleader: the holder of a common fund may file a lawsuit as a plaintiff and join as defendants all rival claimants to its common fund.
        
        intervention: a non-party moves to enter into a lawsuit. As of right: non-parties interest will be adversely affected by the lawsuit, and that right is not protected by the parties. OR: permissive: court has discretion to permit if there is a commonality of issues b/w those in the ongoing lawsuit and those affecting the intervener
- - - - Privilege: Work-product doctinre: any material that an attorney or someone at her discretion prepared for litigation was not in the ordinary course of business.
- - - - Default judgement: defendant failed to respond
        
        post trial motions: renewed motion for judgement as a matter of law (judgment notwithstanding the verdict) motion for new trial.
- - - - Within one year of judgement: a party can file a motion for relief from a judgement: Requirements are merit, equity, new facts, due diligence