Federal Rules of Civil Procedure

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Overview

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 "criminal...

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Overview

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...
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Overview

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 verdict either...

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Overview

Diversity jurisdiction is one of two methods for a federal court to have federal subject-matter jurisdiction over a case (the other being federal question jurisdiction).

Requirements

To have diversity jurisdiction, there are two...

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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.

Overview

Forum non conveniens is a discretionary power that allows courts to dismiss a case where another court...

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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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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...

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Definition

Pleading is the beginning stage of a lawsuit in which parties formally submit their claims and defenses.

Overview

The plaintiff submits a complaint stating the cause of action. The defendant submits an answer stating his or her defenses...

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