Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. "Civil trials" concern the judicial resolution of claims by one individual or class against another and are to be distinguished from "...
Federal Rules of Civil Procedure
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A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."
Oral... (Wex page)
A directed verdict is a ruling entered by a trial judge after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion.
The trial court may grant a directed...
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Diversity jurisdiction refers to one way a federal court can obtain subject matter jurisdiction over a given case (the other method being federal question jurisdiction). Diversity jurisdiction is codified in Title 28, Section 1332 of the...
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Definition
A court's discretionary power to decline to exercise its jurisdiction where another court may more conveniently hear a case.
OverviewForum non conveniens is a discretionary power that allows courts to dismiss a case where another...
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Purpose and Effect of the PLRA
If a prisoner feels that his civil rights have been violated during his incarceration, he has a right to file a civil rights claim in federal court. Each year, thousands of prisoners commence actions on these grounds. The...
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On November 15, 2013, the United States Court of Appeals for the Eleventh Circuit affirmed a district court judgment convicting petitioner Dexter Earl Kemp and several codefendants of various drug and firearm offenses. Kemp v. United States, No. 20-...
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Wanda Krupski used a South Carolina-based travel agent to purchase a cruise from Costa Cruise Lines, N.V., LLC (“Costa Cruise”) in Hollywood, Florida. Krupski v. Costa Crociere, 330 Fed.Appx. 892, 893 (11th Cir. 2009). The travel documents listed Costa...
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Overview
A motion for directed verdict is a motion asking the court to issue a directed verdict.
This motion is made before a case is submitted to the jury, and argues that no reasonable jury could find for the opposing party.
Either the...
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Overview
Personal jurisdiction refers to the power that a court has to make a decision regarding the party being sued in a case. Before a court can exercise power over a party, the U.S. Constitution requires that the party has certain minimum contacts...