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Civil Procedure - Coggle Diagram
Civil Procedure
Jurisdiction
A court must have jurisdiction over the subject matter and jurisdiction over the person in order for any judgment it issues to be binding upon the parties.
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Federal Question
Federal court has jurisdiction if the claim arises under federal law or is created by state law but depends on a substantial federal question.
Diversity Jurisdiction
Federal court has jurisdiction over diversity controversies. This requires complete diversity of citizenship and over $75,000 in controversy.
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Personal Jurisdiction
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in personam jurisdiction exists if a person is located within the state by either domicile or service.*
Motions
Summary Judgment:
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May be granted if there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law.
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Post-trial Motions:
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Motion for New Trial:
This motion will be granted in the court's discretion if either the errors at trial affected the parties' substantive trial rights or the verdict was against the manifest weight of evidence.
Jury Trial
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Each party is entitled to strike potential jurors for cause. Otherwise, each party receives three peremptory challenges that may be used to strike jurors without cause.
Pleadings
The general requirements for the initial pleading, are that it must contain sufficient facts to place the adversary on notice of plausible claim.
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Preclusion
The parties are barred from relitigating claims or issues that they have already fully and fairly litigated to a final judgment on the merits.
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