Personal Jurisdiction Quiz

The court's ability to exercise control over a person or property.

Jurisdiction based on property located within the state.

Jurisdiction based on the defendant's personal connection to the state.

The state where a defendant has a permanent home.

Defendant's presence (being physically found) in the state.

Agreeing to be subject to a state's jurisdiction.

Statute allowing courts to exercise jurisdiction over certain non-resident defendants.

Contacts with the forum state must be related to the lawsuit.

Defendant's response to the plaintiff's complaint. It may contain an admission or denial of each claim.

A claim made by a defendant against the plaintiff arising from the same transaction or occurrence as the plaintiff's claim. Must be included in the answer or it is waived. Cannot be brought later.

Claims raised by a defendant against the plaintiff, but not necessarily related to the plaintiff's claim.

Rule governing the pleading of defenses. Failure to raise defenses can lead to their waiver.

A pleading modification that allows the addition or removal of parties or claims. It can be done once without court permission, but requires permission after that.

A rule that requires attorneys to conduct reasonable inquiry before filing a legal action. This rule is intended to prevent frivolous lawsuits.

A judgment against the original defendant even if named wrongly in the complaint if the correct defendant had reason to know they were involved.

Attorneys are prevented from bringing up unexpected defenses that were not included in the initial pleading.

Moving a case from state court to federal court. The defendant has the right to remove if the case could have been originally filed in federal court and the removal is proper.

The defendant can remove the case to federal court if it could have been filed there originally. This means there's either federal question jurisdiction or diversity jurisdiction.

All defendants must agree to the removal, except when one defendant opposes. If all defendants do not agree and one defendant is domiciled in the forum state, removal is not allowed.

The defendant cannot be in their home state. If the defendant is from the same state where the case is filed, then removal is not permitted.

Challenging whether the federal court has the right to hear a case. This can be done by any party or the court itself.

Rules governing how a case is heard, such as pleading rules or discovery.

Rules defining the legal rights and obligations of parties in a case, such as elements of a claim.

Federal courts apply state substantive law in diversity cases, except when federal law conflicts with state law. Federal procedural law generally applies.

A court order that limits the scope of discovery when disclosing information to the public could cause harm.

A motion filed by one party, asking the court to enter judgment in their favor without a trial, arguing there's no genuine dispute about the facts.

The burden on the moving party in a Summary Judgment motion to provide evidence demonstrating the absence of a genuine dispute of material fact.

The party seeking Summary Judgment must show that the evidence is so strong that no reasonable jury could find in favor of the opposing party.

The right to a jury trial is guaranteed by the 7th Amendment and implemented under Rule 38.

A legal claim typically seeks monetary compensation.

An equitable claim typically seeks a court order, like an injunction.

A legal claim usually needs to be resolved before an equitable claim, preserving the right to a jury trial.

A motion to dismiss a case before trial, made by the defendant, arguing that there is no way for the plaintiff to win even if all facts are true.

A pretrial motion made to remove a potential juror for a specific, articulable reason, such as bias.

A pretrial motion made to remove a potential juror without providing a reason.

A motion seeking a new trial, arguing that serious errors occurred during the trial that prejudiced the losing party.

A legal doctrine that prevents a party from relitigating the same claim that was already decided in a previous lawsuit.

A legal doctrine that prevents parties from relitigating issues of law or fact that were already decided in a previous lawsuit.

A motion to reduce an excessive jury verdict, arguing that it is inconsistent with the evidence presented and the law.

A procedure where a court increases a judgment that is considered inadequate, by adding an amount to the original verdict.

A claim filed by one defendant against another defendant in the same lawsuit. This claim must arise from the same transaction or occurrence as the original claim. It allows defendants to seek relief from each other related to the main dispute.

A legal process where plaintiffs can join additional plaintiffs or defendants in a lawsuit if their claims arise from the same transaction or occurrence and share a question of law or fact. Joining these additional parties is not mandatory.

A legal process where courts determine if an absent party is 'necessary' or 'indispensable' to a lawsuit. If the absent party's presence is essential for a fair and just trial, they may be required to join the lawsuit.

A legal procedure where a defendant can bring a third party into the lawsuit who may be liable to the defendant for the plaintiff's claim. This aims to shift the blame or financial responsibility to another party.

A situation where a defendant in a lawsuit argues that they are only liable because of the actions of a third party. This is a key element in the impleader process.

A process by which a third party can request to join a lawsuit, either as a plaintiff or defendant, when their interests would be harmed if they are not included and no existing party adequately represents their interests. This procedure ensures that all parties with essential interests can participate.