SUBJECT MATTER INDEX

SUBJECT-MATTER INDEX

This index includes references to the Capsule Summary
and to the Exam Tips, but not to Q&A or Flow Charts.

ABUSE OF DISCOVERY

ADDITUR

AFFIRMATIVE DEFENSES

AGGREGATION OF CLAIMS

ALIENAGE JURISDICTION

ALIGNMENT OF PARTIES

ALTERNATE JURORS

ALTERNATIVE PLEADING

AMENDMENT OF PLEADINGS

Generally

Leave of court, amendment by

Motions against the complaint, amendment of complaint after successful

Relation back

Right, amendment as of

Single conduct, transaction or occurrence, relation back

AMOUNT IN CONTROVERSY

Legal certainty standard for assessing

Supplemental jurisdiction and

ANCILLARY JURISDICTION

ANSWER

Generally

Affirmative defenses

Alternative pleading

Attorney, signature of

Compulsory counterclaims

Contributory negligence

Counterclaims, See COUNTERCLAIMS

Cross-claims, See CROSS-CLAIMS

Denials

Fraud

General denial

Illegality

Information and belief, denial based on

Knowledge or information, denial of

Motion against complaint, time for answer after

Permissive counterclaims

Qualified denial

Res judicata

Specific denial

Statute of limitations

Time for answer

Voluntary dismissals

Waiver of formal service, time for answer after

APPEAL AND REVIEW

Judgment as a matter of law

New trial

Nonjury trials

Personal jurisdiction, special appearances

APPELLATE REVIEW

Generally

Clearly erroneous standard

Deference to trial court

“Final judgment” rule

“Harmless error” doctrine

Injunctions, appeals regarding

Objection, need for

Questions of law

Scope of

ASSIGNMENTS

ATTACHMENT

AUDIOTAPING DEPOSITIONS

AUTOMATIC AND MANDATORY DISCLOSURE

BENCH TRIALS, See NONJURY TRIALS

BIAS OF JUDGE

BREAK-AWAY SUITS

BURDEN OF PROOF

Generally

Collateral estoppel

Governing law

Subject matter jurisdiction

Summary judgment

CERTIFICATION OF CLASS

CERTIFIED MAIL

CHOICE-OF-LAW CLAUSE

CLAIM PRECLUSION

Generally

Accidents, splitting of claims

Change of law

Collateral estoppel, distinguished

Compulsory counterclaims

Counterclaims

Diversity cases, splitting of claims

Installment contracts, splitting of claims

Joinder of indispensable parties

Jurisdiction, lack of

Leases, splitting of claims

Legal and equitable relief, splitting of claims

Merits, adjudication on

Multi-theory actions, splitting of claims

Splitting of claims

Subject matter jurisdiction, splitting of claims

Venue, improper

CLASS ACTION FAIRNESS ACT OF 2005

CLASS ACTIONS

Generally

Amount in controversy

Appeal of denial of certification of class

Attorneys’ fees

Binding effect on absentees

Certification of class

Civil rights actions

Common questions of law or fact

Cost of notice

Defendant class

Denial of certification of class

Diversity

Due process

Fair representation

Federal question cases

Injunctions

Jurisdiction

Mail, notice by

Mass tort cases

Notice

Novelty of claim, mass tort cases

Opting out

Personal jurisdiction, corporations

Products liability, mass tort cases

Publication, notice by

Risk of inconsistent decisions

Securities actions

Settlement

Single-accident cases, mass tort cases

Size of claims, mass tort cases

Size of class

Sub-class, continuation of cases after denial of certification of class

Superiority

Typicality of claims

“CLEARLY ERRONEOUS” STANDARD

COLLATERAL ESTOPPEL

Generally

Acquittal in criminal case

Actual litigation and decision of issue

Alignment of parties, offensive use of estoppel

Alternate findings, necessity of issue to judgment

Break-away suits, offensive use of estoppel

Burden of proof, differences in

Claim preclusion, distinguished

Conclusions of law

Criminal convictions

Full and fair litigation of issue

Government as party, offensive use of estoppel

Guilty pleas, criminal convictions

Identity of issue

Incentive to litigate, offensive use of estoppel

Issue of law, offensive use of estoppel

Issues covered

Limited jurisdiction, finding by court of

Multiple plaintiff anomaly, offensive use of estoppel

Mutuality of estoppel

Necessity of issue to judgment

Offensive vs. defensive use of estoppel

Parties to whom applied

Persons who can be estopped

Persons who can benefit from estoppel

Procedural opportunities, offensive use of estoppel

Reasonably foreseeable future litigation

Settlement of action

Stranger to first action

Strangers to first action

“COLLATERAL ORDER” DOCTRINE

COLLUSIVE JOINDER

COMMON QUESTIONS OF LAW OR FACT

Class actions

Intervention

Joinder of parties

COMPLAINT

Generally

Admiralty and maritime jurisdiction

Capacity to sue or be sued

Commencement of action

Conditions percedent

Defenses against validity of complaint

Failure to state a claim, motions against the complaint

Fraud or mistake

Joinder of necessary party, lack of

Judgments or official documents

Jurisdiction, allegation of

Legal theory not required

More definite statement, motion for

Motions against the complaint

Personal jurisdiction, lack of

Process, insufficiency

Relief, demand for

Service of process, insufficiency of

Short and plain statement

Special matters and special damages

Specificity

Statement of the claim

Strike, motion to

Subject matter jurisdiction, lack of

Time and place

Venue, improper

CONFLICT OF LAWS

CONSTITUTIONAL LAW

Jury trial, right to. See JURY TRIAL, RIGHT TO

Personal jurisdiction

CONTRIBUTION

CORPORATIONS

Diversity jurisdiction

Personal jurisdiction. See PERSONAL JURISDICTION

Principal place of business of

Venue

COSTS AND EXPENSES

Class actions, notice

Diversity jurisdiction

Requests for admissions

COUNTERCLAIMS

Generally

Claim preclusion

Compulsory counterclaims

Default judgment, failure to serve reply or make motion against counterclaim

Diversity jurisdiction

Failure to state compulsory counterclaims

New parties

Permissive counterclaims

Statute of limitations

Subject matter jurisdiction

Third parties, claims by

CROSS-CLAIMS

Generally

Actual relief, request for

Permissive nature

Supplemental jurisdiction

Transaction or occurrence requirement

DAMAGES

Compensatory, defined

Punitive

Defined

Due process limits on award of

DATE. See TIME AND DATE

DEMAND FOR JURY TRIAL

DEPOSITIONS

Generally

Audiotape, method of recording

Distant non-party witnesses, written questions

Exceptional circumstances, use of discovery at trial

Expert witnesses

Illness, use of discovery at trial

Impeachment, use of discovery at trial

Non-parties

Number of depositions

Oral depositions

Recording, method of

Request for production of documents

Stenographer, method of recording

Subpoenas

Unavailability, use of discovery at trial

Use of discovery at trial

Videotape, method of recording

Written questions

DIRECTED VERDICT

DISCOVERY

Generally

Absolute qualified work-product immunity

Abuse of discovery

Adverse parties, use of depositions at trial

Annoyance, protective orders

Automatic and mandatory disclosure

Claims or defenses barred

Compelling discovery

Compensation of expert

Conclusions, absolute qualified work-product immunity

Contempt

Death, use of discovery at trial

Depositions. See DEPOSITIONS

Documents that party plans to use, automatic disclosure of

Embarrassment, protective orders

Entry of judgment, sanctions

Establishment of facts, sanctions

Exhibits, experts

Experts

Extrajudicial character of discovery

Financial sanctions

Forms of discovery, generally

Governing law, privileged material

Hardship, qualified work-product immunity

Inspection of property. See PRODUCTION OF DOCUMENTS OR INSPECTION OF PROPERTY

Insurance

Interrogatories

Legal theories, absolute qualified work-product immunity

Mandatory disclosure. See Automatic and mandatory disclosure above

Mental impressions, absolute qualified work-product immunity

Names of witnesses

Number of interrogatories

Objections, abuse of discovery

Opinions, absolute qualified work-product immunity

Oppression, protective orders

Orders and sanctions

Participant experts

Parties, discovery restricted to

Persons who may assert privilege

Physical and mental examinations. See PHYSICAL AND MENTAL EXAMINATIONS

Privilege log

Privileged material

Production of documents or inspection of property. See PRODUCTION OF DOCUMENTS OR INSPECTION OF PROPERTY

Protective orders

Qualifications of expert

Qualified work-product immunity

Reports of experts

Representatives, qualified work-product immunity

Requests for admissions. See REQUESTS FOR ADMISSIONS

Sanctions

Scope of discovery

Signature requirement

Statements by witnesses

Subpoena, witness not obtainable by, use of discovery at trial

Summary judgment

Supplementation

Undue burden or expenses, protective orders

Use of discovery at trial

Witnesses, names of

Work-product immunity

DIVERSITY JURISDICTION

Generally

Additional defendants, aggregation of claims

Aggregation of claims

Alienage jurisdiction

Amount in controversy

Assignment of claim, destruction of diversity

Bulk of activity, principal place of business of corporation

Claim preclusion, splitting of claims

Class actions

Collusive joinder

Complete diversity

Corporations

Costs, denial of

Counterclaims

Date for determination

Destruction of diversity

Domicile

Foreign citizens, suit solely between two

Governing law, federal common law

Improper joinder

Interpleader

Jury trial, right to

Legal certainty test

Multiple plaintiffs, aggregation of claims

Nominal parties ignored, pleading not dispositive

Pleading not disposition

Presence of foreigner, domicile

Principal place of business, corporations

Removal to federal court

Resident aliens, domicile

Standard of proof

Supplemental jurisdiction

Time for testing

DIVORCE

Jurisdiction in cases involving

DUE PROCESS

Punitive damages

EQUITABLE REMEDIES

Standards for granting

ERIE V. TOMPKINS

EXPENSES

See COSTS AND EXPENSES

EXPERTS

FEDERAL QUESTION JURISDICTION

Generally

Anticipation of defense

Class actions

Federal claims

Governing law, federal common law

Interpretation of federal law

Removal to federal court

Supplemental jurisdiction

FINAL JUDGMENT

Necessary for appeal

FOREIGN CORPORATIONS

FORMER ADJUDICATION

Generally

Answer

Claim preclusion. See CLAIM PRECLUSION

Collateral estoppel. See COLLATERAL ESTOPPEL

Full faith and credit. See FULL FAITH AND CREDIT

Merger and bar. See CLAIM PRECLUSION

New actions, applicability to

“Virtual representation” doctrine

FORUM NON CONVENIENS

FULL FAITH AND CREDIT

Duty to follow res judicata effect of first judgment

GENERAL JURISDICTION

GOVERNING LAW

Generally

Absence of state court decisions, ascertainment of state law

Ascertainment of state law

Balancing state and federal policies, procedure/substantive distinction

Burden of proof

Change to conform with new state court decision

Conflict of laws

Discovery, privileged material

Discrimination against citizens

Diversity cases, federal common law

Erie v. Tompkins

Federal common law

Federal question cases, federal common law

Federal rules of civil procedure

Forum shopping

Intermediate-court decisions, ascertainment of state law

Judge/jury allocation

Obsolescence of state court decisions, ascertainment of state law

Outcome determination, procedure/substantive distinction

Procedure/substantive distinction

Rules of Decision Act. See RULES OF DECISION ACT

State courts, federal common law

Statute of limitations

GUILTY PLEAS

“HARMLESS ERROR” DOCTRINE

Appellate review and

IMPEACHMENT

IMPLEADER

Generally

100-mile bulge, jurisdiction

Additional claims involving third party defendant

Alternative pleading

Breach of warranty, derivative nature of claim

Contribution, derivative nature of claim

Derivative nature of claim

Dismissal of main claim

Indemnity, derivative nature of claim

Jurisdiction

Leave of court

Partial claims

Plaintiff, impleader by

Subrogation, derivative nature of claim

Supplemental jurisdiction

Venue

IN PERSONAM JURISDICTION

Defined

IN REM JURISDICTION

Generally

Defined

Federal limited appearances

Limited appearances

Shaffer v. Heitner, effect of

Special appearances

INDISPENSABLE PARTIES

INFORMATION AND BELIEF

INJUNCTION

Appeal from order granting or denying

INJUNCTIONS, 102, 125, 189

Defined, 111

Standards for granting, 112

INSPECTION OF PROPERTY. See PRODUCTION OF DOCUMENTS OR INSPECTION OF PROPERTY

INSTRUCTIONS TO JURY

INSURANCE

INTERNET WEBSITE

Minimum contacts arising from

INTERPLEADER

Generally

Amount in controversy

Commencement of statutory interpleader

Comparison chart

Denial of debt or liability

Diversity jurisdiction

Jurisdiction, rule interpleader

Multiple liability, rule interpleader

Nationwide service of process

Restraint on other suits, statutory interpleader

Rule interpleader

Service of process

Stakeholders, statutory interpleader

Statutory interpleader

Third-party practice

INTERROGATORIES

INTERVENTION

Generally

Common question of law or fact, permissive intervention

Impaired interest, intervention of right

Inadequate representation, intervention of right

Interest in subject matter, intervention of right

Jurisdiction

Permissive intervention

Right, intervention of

Supplemental jurisdiction

INVOLUNTARY DISMISSAL

JOINDER OF CLAIMS

JOINDER OF PARTIES

Generally

Aggregation of claims, permissive joinder

Claim preclusion

Common questions of law or fact

Complaint

Compulsory joinder of parties

Defendants, permissive joinder

Impaired interest, necessary parties

Incomplete relief, necessary parties

Indispensable parties, compulsory joinder

Involuntary dismissal for failure to join indispensable party

Jurisdiction, permissive joinder

Long-arm statutes, permissive joinder

Minimum contacts, permissive joinder

Necessary parties, compulsory joinder

Permissive joinder of parties

Personal jurisdiction, permissive joinder

Plaintiffs, permissive joinder

Service of process, permissive joinder

Single transaction or occurrence

Subject matter jurisdiction, permissive joinder

Supplemental jurisdiction

JUDGMENT AS A MATTER OF LAW

JUDGMENT NOT WITHSTANDING VERDICT

JURISDICTION

Personal jurisdiction. See PERSONAL JURISDICTION

JURISDICTION OVER INDIVIDUALS

See JURISDICTION OVER THE PARTIES

JURISDICTION OVER THE PARTIES