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AFFIRMATIVE DEFENSES-
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Defenses raised by the defendant to limit or excuse liability for the Plaintiff's loss or they are waived. The most common affirmative defenses are statute of limitations, laches, collateral estoppel, and res judicata.
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CHOICE OF LAW
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in diversity cases, Federal Court uses the law of the state in which it sits to determine which state's law is the substantive law used to resolve that action.
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CLASS ACTION
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a large group of people injured as a result of a common question of fact or law collectively sues to obtain relief. Representative must adequately represent the interest of all class members and the injury must be fair and typical of the claimed injury.
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COLLATERAL ESTOPPEL and RES JUDICATA
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issues and claims respectively in an adjudicated matter have been fully and fairly litigated judgment is final and that decision is binding on the parties and their privy.
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CONCURRENT JURISDICTION
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an action can be filed in either a state or a federal court while in EXCLUSIVE JURISDICTION the action can be filed in only one.
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COUNTERCLAIMS and CROSS-CLAIMS
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claims filed after the complaint pursuant to Rule 13 for relief either by the defendant (counterclaims) or a co-party (cross-claims).
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DAMAGES
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Losses the plaintiff suffers caused by the defendant's actions designed to put the plaintiff in the position the defendant would have been but for those actions. General and special damages are designed to compensate the plaintiff for financial losses while punitive damages are awarded in rare cases to punish the defendant.
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DISCOVERY
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obtaining non privileged information which is relevant to the lawsuit and proportionate to the resources of the parties and the significance of the case.
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DIVERSITY JURISDICTION
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Federal Courts have jurisdiction over controversies involving state law claims if there is complete diversity of citizenship between all defendants and plaintiffs and the claim is likely to exceed $75,000.00.
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DUE PROCESS
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a defendant must receive notice reasonably calculated to apprise them of the action and the opportunity to be heard prior to any adverse action.
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ESTOPPEL
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a position has been taken earlier upon which the opposition has relied and therefore you are bound to that earlier position.
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IN REM JURISDICTION
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the exercise of the court's jurisdiction over property when the property is focus of the dispute.
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INJUNCTIVE RELIEF
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a court order by a judge to act or refrain from acting.
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JUGEMENT AS A MATTER OF LAW
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tests whether a reasonable jury based on the evidence submitted could find for the other side.
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NOTICE PLEADING
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requires the Plaintiff to merely put the other side on notice of the facts of the claim and establish a prima facie showing that there has been a legal violation.
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OUTCOME DETERMINATIVE TEST
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results in diversity suits should be the same as they would be in the state court hearing that same matter unless there is a federal rule of civil procedure directly on point or where an important federal right is at stake.
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PERSONAL JURISDICTION
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the power of the court to bind the Defendant to any judgment it renders based upon the Defendant's minimum contracts. The Defendant acquiesces to the exercise of personal jurisdiction by failing to raise the issue.
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PREPONDERANCE OF EVIDENCE
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usual civil standard of proof that requires the claimant to tip the scale ever so slightly in its favor...is it more likely true than not true?
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REMOVAL JURISDICTION
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Defendant has the right to remove an action from a state court to a Federal Court if the action could have otherwise been brought in Federal Court.
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RULE 11
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attorney who signs pleading verifies that it is based on existing law or a good faith belief in reversal of existing law, not interposed for any improper purpose such as delay or harassment and it is a factually and legally meritorious pleading.
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STANDARD OF PROOF
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the level of proof necessary for the plaintiff to convince the trier of fact. The standards of proof are preponderance of evidence (more likely than not), clear and convincing evidence, and beyond a reasonable doubt.
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STATUTE OF LIMITATIONS
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the applicable time period to initiate a cause of action by filing a complaint or risk dismissal if the Defendant raises this affirmative defense.
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SUBJECT MATTER JURISDICTION
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the constitution, statutes, common law, and various treaties provide the court the power to adjudicate the claim or controversy.
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SUMMARY JUDGMENT
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when there are no material facts in dispute that rises to a triable level the moving party is entitled to judgment as a matter of law.
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SUPPLEMENTAL JURISDICTION
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Federal Court jurisdiction over related claims that arise from the same set of operative facts as the principal claim asserted in Federal Court.
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VENUE
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refers to the proper judicial district in which to bring the action. It should be a convenient place to try the case based on the location of the witnesses, the evidence, etc.
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