 Jurisdiction is defined as the authority to hear a case and render a binding

judgment.
o Subject-matter jurisdiction (SMJ) is the power of the court to hear a
particular type of case. A federal court must possess SMJ over a dispute.
 Article III of the United States Constitution creates the Supreme
Court of the United States. Articles I and III give Congress the authority
to establish lower federal tribunals.
 Congress created lower federal courts, including 13 circuit courts and
91 district courts. These courts are tribunals of limited jurisdiction.
 A federal district court possesses SMJ over two types of disputes: 1)
federal questions; and 2) claims with diversity of citizenship.
 Federal question jurisdiction exists when a plaintiff's
complaint states a claim or cause of action that involves federal
law.
 Federal question analysis is governed by the Well-Pleaded
Complaint Rule. Under this rule, federal jurisdiction
exists when a federal question is presented on the face of
a plaintiff's properly pleaded complaint.
 The Well-Pleaded Complaint Rule makes the plaintiff
“master of the claim.” They must affirmatively invoke
federal SMJ by pleading a federal-law claim within the
complaint.
 Diversity jurisdiction exists when: 1) there is complete diversity
of citizenship between the parties; and 2) the amount in
controversy exceeds $75,000.
 Citizenship is determined at the time of filing.
 Removal based on diversity is proper only if the amount
in controversy and complete diversity requirements are
met at the time of filing, and the action is brought in a
state in which no defendant is a citizen.
 Supplemental jurisdiction allows a federal district court to
hear claims it would not ordinarily have jurisdiction over if
they arise out of a “common nucleus of operative fact” with a
claim that does fall within the court’s jurisdiction.
 o Personal jurisdiction (PJ) refers to the court’s authority over a particular
defendant. PJ must be established separately for each defendant.
 For a federal court to have PJ over a defendant, the state court in which
the federal court sits must be able to exercise PJ over that defendant.
 State courts can exercise PJ over an out-of-state defendant if
authorized by the state’s long-arm statute.
 Many states’ long-arm statutes authorize PJ over out-of-state
parties in a civil action on any basis consistent with the limits
of the Due Process Clause.
 Other states’ long-arm statutes list specific activities that will
subject a non-resident to PJ.
 Even if state law permits PJ over a party, the federal court must
determine if that exercise of PJ is constitutional under the Fourteenth
Amendment’s Due Process Clause.
 A state law authorizing PJ is constitutional in one of five
circumstances: 1) residency; 2) consent; 3) service; 4)
minimum contacts; or 5) substantial business.
 Venue is defined as the location in which a judicial proceeding takes place.
o Venue is the region within a particular state where a suit can be brought.
Venue in federal court is dictated by where the defendant lives or where a
substantial part of the events or omissions giving rise to the claim occurred.
o A plaintiff’s choice of forum is appropriate in any federal district where: 1)
any defendant resides, if all defendants reside in the same state; 2) a
substantial part of the events or omissions giving rise to the claim occurred;
or 3) any defendant is subject to PJ if there is no district in which the action
could otherwise be brought.
o If venue is improper, the court must dismiss or transfer the case to a proper
district if it's in the interest of justice.
 If the original venue was proper, the new district court must apply the
law from the previous court in a diversity jurisdiction case.
 If the original venue was improper, the district court to which the case
is transferred applies the choice-of-law rules of the state in which it is
located.
o Forum non conveniens is a doctrine that allows a court to dismiss a case
when another court, or forum, is much better suited to hear the case. It is
 only used in federal court when the more appropriate forum is a state or
foreign court.
Preliminary Injunctions and Temporary Restraining Orders
 An injunction is a court order requiring a person to engage in, or cease engaging in,
a specific action. For example, a court may enter an injunction requiring a party to sell a
piece of property pursuant to a contract.
 A permanent injunction is typically issued as a remedy following a trial.
o In order to obtain a permanent injunction, a party must establish:
 The party will suffer irreparable injury unless an injunction is issued;
 The threatened injury outweighs any harm the proposed injunction
may cause to the opposing party; and
 An injunction would not be adverse to the public interest.
 Usually, a party cannot wait until a final determination for entry of a permanent
injunction. Such a process may take months or even years. Therefore, a litigant may
seek a temporary injunction for the time up until the final determination.
 There are two types of non-permanent injunctions:
o Temporary Restraining Orders (TROs); and
o Preliminary Injunctions.
 The difference between the two concerns timing. A TRO is sought in emergency
situations when notice to the other party is not feasible. A preliminary injunction is
often sought after a TRO is set to expire.
 A TRO preserves the status quo of the parties until there is an opportunity to hold a
full hearing on whether to grant a preliminary injunction.
o A TRO has immediate effect and lasts no longer than 14 days unless good
cause exists.
o A TRO can be issued without notice to the adverse party if the moving party
can show:
 Immediate and irreparable injury will result prior to hearing the
adverse party’s arguments; and
 The efforts made at giving notice and the reason why notice should
not be required.
o Additionally, the party seeking a TRO must post a bond to cover the costs in
the event the TRO is issued wrongfully.
  Unlike a TRO, a party seeking a preliminary injunction must provide reasonable
notice to the opposing party.
 When determining whether to grant a preliminary injunction, a court may examine
several factors:
o Likelihood of Success on Merits: A court considering whether to enter a
preliminary injunction may consider whether the moving party made a
strong showing that it is likely to prevail on the merits.
o Irreparable Injury: A court considering whether to enter a preliminary
injunction may consider whether the moving party has shown that without
such relief, it will suffer irreparable injury.
o Harm to Others: A court considering whether to enter a preliminary
injunction may consider whether the issuance of the injunction would
substantially harm other interested parties.
o Public Interest: A court considering whether to enter a preliminary
injunction must conduct an examination of the public interest under the
circumstances.
Pleadings and Amended and Supplemental Pleadings
 A complaint initiates a lawsuit.
 Federal courts use “notice pleading,” in which a complaint must contain a short and
plain statement of the claim showing that the pleader is entitled to relief.
o To avoid dismissal, the complaint must allege enough facts to state a plausible
claim for relief.
o Some cases involve special matters that must be pleaded with particularity.
These special matters include capacity or authority to sue, fraud, mistake,
conditions precedent, time and place, and special damages.
 The defendant responds to the complaint with an answer.
o A defendant is not required to respond to allegations that constitute legal
conclusions.
o The answer must state any defenses the defendant intends to raise. This
includes both denials and affirmative defenses.
 If a defendant fails to respond to an allegation in the complaint, it is
deemed to admit that allegation.
 Several affirmative defenses must be raised in the defendant’s answer,
or they will be waived. This includes defenses such as accord and
satisfaction, arbitration and award, assumption of risk, contributory
 negligence, duress, estoppel, failure of consideration, fraud, illegality,
injury by a fellow servant, laches, license, payment, release, res judicata,
Statute of Frauds, statute of limitations, and waiver.
 Other affirmative defenses that raise objections based on jurisdiction
or procedural matters may be raised either in a responsive pleading or
in a pre-answer motion.
 Either party may amend a pleading as a matter of right within 21 days after serving
it, or if the pleading is one to which a responsive pleading is required, 21 days after
service of a responsive pleading or 21 days after service of a motion under Rule
12(b), (e), or (f), whichever is earlier.
 Once 21 days have passed, a party may amend its pleading only by obtaining leave
of the court, or written consent of the adverse party.
o The court should freely give leave when justice so requires.
o Courts consider various factors in determining whether to grant leave,
including undue delay, bad faith or dilatory motive on the part of the
movant, repeated failure to cure deficiencies by amendments previously
allowed, undue prejudice to the opposing party by virtue of allowance of the
amendment, and futility of the amendment.
o The Relation Back Doctrine allows an amendment to a pleading to relate
back to the date of the original pleading when the amendment asserts a claim
or defense that arose out of the conduct, transaction, or occurrence set out—
or attempted to be set out—in the original pleading.
Discovery, Disclosure, and Sanctions
 Discovery is the process by which parties obtain information from each other before
trial. The scope of discovery is very broad, and information is discoverable even if it
is not admissible at trial.
 The Federal Rules of Civil Procedure allow five methods of discovery:
o Depositions (oral and written);
o Interrogatories;
o Requests for production of documents and things;
o Requests for admission; and
o Physical and mental examinations.
 There are three categories of required disclosures:
o Initial disclosures;
 o Disclosure of expert testimony; and
o Pretrial disclosures.
 The Federal Rules provide for sanctions when a party fails to comply with discovery
rules or court orders.
o Sanctions may be imposed for failure to comply with a court order
compelling discovery, failure to admit something that should have been
admitted, and failure to attend one’s own deposition or serve answers to
interrogatories.
Pre-Trial Conference and Order
 Under the Federal Rules of Civil Procedure, the court may direct the attorneys and
any unrepresented parties to appear before it for one or more pretrial conferences.
 Federal Rule of Civil Procedure 16 sets out the purposes of pretrial conferences:
o Expediting disposition of the action;
o Establishing early and continuing control so that the case will not be
protracted because of lack of management;
o Discouraging wasteful pretrial activities;
o Improving the quality of the trial through more thorough preparation; and
o Facilitating settlement.
 The court may hold a final pretrial conference to formulate a trial plan, including a
plan to facilitate the admission of evidence.
o The final pretrial conference must be held as close to the time of trial as is
reasonable.
o The conference must be attended by at least one attorney who will conduct
the trial for each party and by any unrepresented party.
 The court may issue sanctions if a party or its attorney:
o Fails to appear at a scheduling or other pretrial conference;
o Is substantially unprepared to participate—or does not participate in good
faith—in the conference; or
o Fails to obey a scheduling or other pretrial order.
 Instead of, or in addition to, any other sanction, the court must order the party, its
attorney, or both to pay the reasonable expenses—including attorney's fees—
incurred because of any noncompliance with this rule, unless the noncompliance
 was substantially justified or other circumstances make an award of expenses
unjust.

General Rules for Motions

 A motion is an application to a court for an order requesting that the court do
something. For example, a party may file a motion requesting that the court dismiss a
case for lack of personal jurisdiction.
 Motions may be made orally or in writing.
o All rules governing the form of pleadings also apply to motions.
Pre-Trial Motions
 Motion to Dismiss
o A motion to dismiss requests that a court dismiss a claim filed against the
moving party.
 This type of motion is frequently filed by a defendant after being
served with a complaint.
 A court will dismiss a complaint for failure to state a claim upon
which relief can be granted if:
 The complaint fails to state a cognizable claim;
 The complaint provides insufficient facts; or
 The complaint contains an allegation that negates one or more
elements of the cause of action.
 Dismissal of a complaint for failure to state a claim is with prejudice
unless the court states otherwise.
 If the court finds that a defect in a pleading can be remedied, it may:
 Dismiss the complaint without prejudice; or
 Grant the plaintiff leave to amend the complaint.
o A motion to dismiss may be made on several grounds, including:
 Lack of subject-matter jurisdiction;
 Lack of personal jurisdiction;
 Improper venue;
 Insufficient process;
  Insufficient service of process;
 Failure to state a claim upon which relief can be granted; and
 Failure to join a party.
o A defendant may assert multiple defenses in a motion to dismiss.
o Some defenses are waived if not asserted in the first responsive motion or
pleading. Other defenses are not waivable; they can be asserted at any time.
 Waivable Defenses:
 Lack of personal jurisdiction;
 Improper venue;
 Insufficient process;
 Insufficient service of process.
 Non-Waivable Defenses:
 Lack of subject-matter jurisdiction;
 Failure to state a claim upon which relief can be granted; and
 Failure to join an indispensable party.
o If a defendant files a pre-answer motion and omits a waivable defense, they
cannot make another pre-answer motion raising the omitted defense.
 Courts have generally allowed a party to amend a motion to dismiss to
raise an omitted defense if the party acts promptly and before the
court rules on the original motion and if doing so would not prejudice
the opposing party.
o Failure to raise an objection in an answer or pre-answer motion to dismiss
constitutes a waiver of these defenses with the exception of:
 Objections to subject-matter jurisdiction;
 Failure to state a claim upon which relief can be granted; and
 Failure to join a party.
 Motion for a More Definite Statement
o A party may move for a more definite statement if served with a pleading
that is so vague or ambiguous that the party cannot reasonably prepare a
response.
  The motion must point out the specific defects in the pleading and the
details desired.
o If the court orders a more definite statement and the order is not obeyed
within 14 days after notice of the order (or a different deadline set by the
court), the court may strike the pleading or issue another appropriate order.
 Motion to Strike
o A court may strike an insufficient defense or any redundant, immaterial,
impertinent, or scandalous matter from a pleading.
o A party may move to strike redundant, immaterial, impertinent, or
scandalous matters in a pleading.
 If the court grants the motion, the matter at issue will be excluded
from the record.
o The court may act:
 On its own; or
 On a motion made by a party before responding to the pleading, or (if
a response is not allowed) within 21 days after being served with the
pleading.
 Motion for Summary Judgment
o A motion for summary judgment may be granted if:
 The pleadings, discovery, and disclosure materials on file, and any
affidavits show that there is no genuine issue as to any material fact;
and
 The movant is entitled to judgment as a matter of law.
o A genuine issue of material fact exists when a reasonable jury could return a
verdict in favor of the non-moving party.
o When deciding a motion for summary judgment, the court must construe all
evidence in the light most favorable to the non-moving party and resolve all
doubts in favor of the non-moving party.
o A party can object to evidence cited in support of a motion for summary
judgment if that evidence would not be admissible at trial.
o Judges may grant partial summary judgment.
o If a court does not grant a motion for summary judgment, it can issue an
order establishing a material fact that is not genuinely in dispute.
  The fact will be established in the case and can include an item of
damages or other relief.
o Judges are required to state on the record their reasons for granting or
denying summary judgment.
o When deciding a motion for summary judgment, the court does not have to
review the entire record to search for a genuine issue of material fact.
 The court can limit its review to only those portions of the record cited
by the parties.
o Generally, a party may file a motion for summary judgment at any time up
until 30 days after the end of discovery, unless:
 The court orders otherwise; or
 A local rule sets a different deadline.
During-Trial and Post-Trial Motions
 Motion for Judgment as a Matter of Law (JMOL)
o A motion for JMOL (formerly known as a motion for a directed verdict) may
be granted to the moving party if:
 The non-moving party has been fully heard on an issue; and
 A reasonable jury would not have a legally sufficient evidentiary basis
to find for the non-moving party on that issue.
o The evidence must be viewed in the light most favorable to the non-moving
party.
o The movant must specify the judgment sought and the law and facts that
entitle the moving party to the judgment.
o The analysis for JMOL motions is identical to that for a summary judgment
motion, but:
 Summary judgment motions are based on evidence a party may
introduce at trial, while JMOL motions are based on evidence actually
introduced at trial.
o A party may file a JMOL at any time before the case is submitted to the jury.
o A party may renew its motion for JMOL after the jury returns a verdict.
 The renewed motion must be filed within 28 days of the entry of
judgment.
 o A court may not grant a renewed JMOL unless the moving party also moved
for JMOL before the case was submitted to the jury.
 Motion for a New Trial
o The court may, on motion, grant a new trial for any reason for which a new
trial has heretofore been granted in an action at law in federal court.
o A new trial may be granted if the jury’s verdict is against the great weight of
the evidence.
o The court may condition the granting of a new trial on the remittitur of a
portion of the damages awarded by the jury if the court finds that the jury’s
award is excessive.
o A court may grant a new trial on its own initiative for any reason for which it
might have granted a new trial on a party’s motion.
 If the court does so, the court must specify the reasons in its order and
give the parties an opportunity to respond before granting the motion.
o A motion for a new trial must be filed no later than 28 days after the entry of
judgment.
 Rule 60 Motion
o A party may relieve a party or its legal representative from a final judgment,
order, or proceeding for the following reasons:
 Mistake, inadvertence, surprise, or excusable neglect;
 Newly discovered evidence that, with reasonable diligence, could not
have been discovered in time to move for a new trial under Rule 59(b);
 Fraud (whether previously intrinsic or extrinsic), misrepresentation,
or misconduct by an opposing party;
 The judgment is void;
 The judgment has been satisfied, released, or reversed, or a prior
judgment on which it is based has been reversed or otherwise vacated,
or it is no longer equitable that the judgment should have prospective
application; or
 Any other reason that justifies relief.
o A motion for relief from a final judgment for reasons of mistake,
inadvertence, surprise, or excusable neglect must be made within a
reasonable time—and no more than one year after the entry of the judgment
or order or the date of taking the appeal.
 The Erie Doctrine states that a federal court hearing a diversity case must apply the
substantive law of the state in which it sits, including that state’s choice-of-law rules.
This includes applying the state’s statutory and common law. A transfer of a civil action
under the federal venue transfer statute does not alter the state rule that would have
been applied by the original court. This rule applies even when the plaintiff initiates the
transfer.
 Federal common law arises from federal courts interpreting federal constitutional
provisions, statutes, or treaties. Federal common law is followed in suits between
states. Federal common law of federal law has a preclusive effect. A state court must
apply federal common law when deciding issues of federal law.
 A party has a right to a jury trial in all actions at law (for damages) for claims
exceeding $20. Parties entitled to a jury trial have a right to a jury selected at random
from a fair cross section of the community.
 If a federal district court holds a final pre-trial conference, it must be held as close to the
time of trial as is reasonable under the circumstances.
 Unless the parties stipulate otherwise, a jury verdict must be unanimous and no verdict
will be taken from a jury that is reduced in size to fewer than 6 members. A court may
require a jury to return a “special verdict” in the form of a special written finding
upon each issue of fact. Special verdicts are generally disfavored in simple cases.
 Unless it states otherwise, an involuntary dismissal order acts as an adjudication on
the merits.
 Determinations of the admissibility of evidence are reviewed using an abuse-of-
discretion standard.
 The harmless error rule provides that any error which does not affect the substantive
rights of the parties cannot be the grounds for an appeal. Generally, the standard in a civil
case is whether an erroneous charge of the jury or ruling of the court would likely have
affected a trial’s result.
 Final Judgment Rule: ordinarily, appeals are available only from a final judgment. A
judgment becomes final when entered by the clerk on the court docket. A final judgment
is a dispositive and controlling order that ends the litigation on the merits and leaves
nothing for the court to do but execute the judgment.
 Appellate review of a trial court's determination of a pure issue of law is reviewed using a
de novo standard, which provides no deference to the trial court’s determination.
 Abuse of discretion provides deference to the trial court’s decision.
 Appellate courts will not review errors that are not on the record.