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Civil Procedure (Pleadings (12(b) defense: (lack of PJ, Insufficient…
Civil Procedure
Pleadings
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Joinder of parties
Parties to the sam lawsuit if the claims involving those parties service from the same transaction or occurrence or at least the same series of common transactions
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Counterclaim
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Cross-claim may be brought by any party against co-party when arises out of same occurrence or as original claim
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Jurisdiction
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Personal Jurisdiction
if court has in personam jurisdiction over parties if person is located w/in state by either domicile or service
Consent can be express, implied, or waived
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Venue v. transfer
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Venue proper if: where any D resides if all Ds reside in that state
in federal district where a substantial part of the claim arose or where property is located; where the D can be found provided the ct has PJ
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Preclusion
Parties barred from relitigating claims or issues that these have already fully and fairly litigated
Res judicata - claim cannot be relitigated if the claim arises b/t the same parties or hose in privity with them
Collateral estoppel (issue preclusion) an issue that cannot be relitigated, may not be used against someone who was not a party to previous action
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Discovery
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Work-product doctrine
Conveys any material that an attorney or someone at her discretion prepared for litigation and was not in ordinary course of business