Civil Procedure (JD Course)
Study content for Civil Procedure (JD Course): notes, practice MCQs and flashcards across 9 syllabus topics. This is AI-generated draft content — citations have not yet been independently verified.
Beta — unverified. This bank is AI-generated and its citations have not yet been independently verified against our case library. The free diagnostic is open to everyone, and the full bank is included with Pro (clearly labelled beta). We don’t sell it as a standalone verified pack — always check authorities against the primary source.
Syllabus
- Jurisdiction and VenueTopic
Subject-matter jurisdiction: federal question (28 U.S.C. § 1331) · Subject-matter jurisdiction: diversity (§ 1332) — citizenship + $75k threshold · Supplemental jurisdiction (§ 1367)
- PleadingsTopic
Rule 8 — short and plain statement; notice pleading baseline · Twombly/Iqbal plausibility standard — two-step framework · Rule 9(b) — heightened fraud/mistake pleading
- Pretrial Motions (Rule 12)Topic
Rule 12(b)(6) motion to dismiss — threadbare vs. plausible factual allegations · Rule 12(b)(1)–(5),(7) — other pre-answer defenses · Rule 12(c) judgment on the pleadings; 12(d) conversion to summary judgment
- DiscoveryTopic
Rule 26(b)(1) — scope: relevance + proportionality (6-factor test) · Rule 26(a) — mandatory initial disclosures · Interrogatories (Rule 33), document production (Rule 34)
- Joinder of Parties and ClaimsTopic
Permissive joinder of parties (Rule 20) · Compulsory joinder / required parties (Rule 19) · Claim joinder (Rule 18); counterclaims (Rule 13) — permissive vs. compulsory
- Erie Doctrine / Law Applied in Federal CourtsTopic
Erie Railroad v. Tompkins — no federal general common law · Hanna v. Plumer — FRCP vs. state law; twin aims of Erie · Outcome-determinative test; federal vs. state procedural distinctions
- Trial Procedure and JuryTopic
7th Amendment right to jury trial; jury demand (Rule 38) · JMOL (Rule 50(a)) and renewed JMOL (Rule 50(b)) · New trial (Rule 59); remittitur/additur
- Judgments and PreclusionTopic
Claim preclusion (res judicata) — same claim, valid final judgment, same parties · Issue preclusion (collateral estoppel) — actually litigated, necessarily decided · Non-mutual offensive and defensive collateral estoppel
- Appellate JurisdictionTopic
Final judgment rule (28 U.S.C. § 1291) · Interlocutory appeals (§ 1292); collateral order doctrine · Standards of review — de novo, clear error, abuse of discretion
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Flashcards
Unlock all 27 with Pro →- Erie Railroad Co. v. Tompkins
What is the holding of Erie Railroad Co. v. Tompkins (1937)?
302 U.S. 671 - Hanna v. Plumer
What is the two-step framework for determining when FRCP override state law under Hanna v. Plumer?
380 U.S. 460 - International Shoe Co. v. Washington
Define the minimum contacts test for personal jurisdiction established in International Shoe.
326 U.S. 310
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