Term
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Definition
Scope of Discovery
Parties may obtain discovery of any non-privileged matter relevant to either party's claim or defense
Privileged matter is immune, e.g. lawyer/client, doctor/patient |
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Term
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Definition
8(b) - D's answer must admit or deny every element of P's claim
8(c) - D's answer must state any affirmative defenses |
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Definition
| Failure to state a claim upon which relief can be granted |
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Term
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Definition
Court may order party in custody/under legal control to submit to mental/physical exam if
i) their mental/physical condition is in dispute;
ii) "good cause" for exam is shown;
iii) notice is given to examinee and all parties;
iv) court order specifies time, place, manner, conditions, scope of exam |
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Term
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Definition
| Leave to amend - once issue is joined in a lawsuit, a party may amend his pleading |
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Term
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Definition
| In alleging fraud or mistake, party must state specifically the circumstances (malice, intent, knowledge, etc. may be alleged generally) |
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Term
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Definition
| Allows dismissal of action when venue is inconvenient |
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Term
| 28 U.S.C. §1391 and §1392 |
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Definition
§ 1391 - jurisdiction brought only in
1) district where D resides (if all Ds in same state)
2) district where substantial part of events/omissions of claim occurred or substantial part of property
3) district where any D is subject to personal jurisdiction at time of action, if no other option of district
§ 1392 - focusing on Ds in different districts in same states - any district allowed |
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Term
| In rem and quasi in rem jurisdiction |
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Definition
In rem - jurisdiction over property in a forum state
Quasi in rem - legal rights based on property rights of person absent from jurisdiction - can have jurisdiction over property (bank account, debt, stock, etc.) |
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Term
| Full Faith and Credit Clause |
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Definition
Article IV, Section 1 of U.S. Constitution
States must give full faith and credit to the final judgments of other states |
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Term
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Definition
| Interim decision made before trial is over - e.g., personal jurisdiction challenge can be made before trial's over because otherwise, right to fair trial is violated |
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Term
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Definition
| Motion for summary judgment can't be granted until discovery of case is complete |
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