Jurisdiction
Venue, the Erie Doctrine and Choice of Law
Pre-Trial Practice
Trial Practice
Post-Trial Practice; Appeals; Class Actions
100
This gives a court the authority to determine title to property, but it is implicated when the claimants are known.
What is Quasi in rem jurisdiction?
100
If all parties to a controversy reside out of a state, the proper venue is usually here.
What is the county in which the transaction or event that gave rise to the cause of action occurred?
100
If the defendant elects to waive service, the defendant must submit his answer within this many days.
What is 60 days?
100
This is the purpose of voir dire.
What is to allow the attorneys to learn more about the jurors’ backgrounds, including possible prejudices that may affect the case?
100
A class action lawsuit is most similar to this other type of legal advice.
What is a Joinder?
200
Consent, service of process while in the jurisdiction, and sufficient contact with the state are examples of this.
What is ways in which a state can acquire personal jurisdiction over a party?
200
Actions concerning copyrights may be brought in any district in which ...
What is the defendant (or his agent) resides, or any district in which the defendant (or his agent) may be found?
200
The Federal Rules of Civil Procedure allow this type of person(s) to effect service.
What is Persons who are older than 18 years old and not a party to the lawsuit?
200
This is an opportunity for the attorney to tell the jury what the cause of action is about, what evidence the jury will hear, and the attorney’s client’s side of the story.
What is the opening statement?
200
If an appellate court finds that the lower court judge committed harmless error, the appellate court judge will order this.
What is affirm the judgment of the lower court judge?
300
For a court to exercise quasi in rem jurisdiction, six conditions must be satisfied, which are, Value of property, Location of property, Control of property, Procedural due process, Substantive due process, and...
What is Ownership of property?
300
To exercise the doctrine of forum non conveniens there must be this.
What is an adequate alternative forum in which the case can be heard?
300
Discovery procedure under the Federal Rule of Civil Procedure requires that this must be disclosed when calling an expert witness at trial.
What is the expert’s published and signed reports and all exhibits and data to be submitted in court?
300
After a defendant conducts cross-examination of plaintiff’s witness, it is permissible for the plaintiff’s attorney re-examine the witness based on this. (HINT: From the cross-examination)
What is re-examine the witness based on the issues raised during cross-examination?
300
After a plaintiff receives a judgment against a defendant, the plaintiff may issue something called this upon the defendant’s property.
What is an “execution of judgment”?
400
These are the two requirements for federal courts to exercise diversity jurisdiction.
What is (1) the plaintiff and defendant must be citizens of different states; and (2) the amount in controversy must be greater than $75,000, exclusive of interest and costs?
400
This signed by the defendants and filed in federal court to begin the process of transferring the civil action from state court to federal court.
What is Notice of removal?
400
When a party wants to have the court issue an order, the party will file this.
What is a motion?
400
After the defendant’s case-in-chief, the plaintiff may move for a this on the plaintiff's claim or on any of the defendant’s affirmative defenses.
What is a directed verdict (or judgment as a matter of law)?
400
Under FRCP 60(a), the court may correct any clerical error, based on a party’s motion or on it’s own accord (sua sponte). This motion will be filed to correct it.
What is a Motion for Relief from Judgment?
500
Where the original claim is based in diversity jurisdiction, supplemental jurisdiction applies only to these four types of claims.
What is (1)Compulsory counterclaims, (2)Crossclaims, (3)Joinder of additional parties to compulsory counterclaim, and (4)Impleaders (only claims by third-party defendants, and claims by and against third-party plaintiffs).
500
The choice of law rules apply to cases being heard by these courts.
What is Federal or state courts?
500
In order to bring compulsory joinder, this must be present in the facts. (HINT: What does the party to be joined have to have?)
What is the party to be joined has a vested interest in the subject matter of the lawsuit.
500
The purpose of jury instructions in most jurisdictions is this.
What is to provide the members of the jury with instructions on how to determine the relevant elements of law they must consider during their deliberations?
500
In a case where the Verdict is Inadequate or Excessive, a judge will grant this motion.
What is a Motion for New Trial?