How to Ace FYLSE/Civil Procedure Outline

From Wikibooks, open books for an open world
Jump to navigation Jump to search

Res judicata[edit]

There is a valid final judgment on the merits.

Judgement is rendered. Appeals have concluded.

The prior claim was actually litigated or could have been litigated.

The same plaintiff and same defendant were parties (or privies) in the prior case and subsequent case.)

Motion for a Judgment as a Matter of Law[edit]

A motion for judgment as a matter of law may be brought after the close of plaintiff's evidence or at the close of all evidence. It is granted if no reasonable person could differ as to the outcome of the trial.


Right to a Jury Trial[edit]

Any plaintiff who is suing in federal court for damages has a right to a trial by jury. If the suit involved in equity, there is no right to a jury trial.

Erie Doctrine[edit]

The federal court must use federal procedural law and state substantive law.

Pam, a resident of State X, brought suit in state court in State X against Danco, a corporation with its principal place of business in State Y. The suit was for damages of $90,000 alleging that Danco breached a contract to supply Pam with paper goods for which she paid $90,000 in advance. In her complaint, Pam requested a jury trial. State X law provides that contract disputes for less than $200,000 must be tried to a judge.


Under compulsory joinder of parties, the court will look to see if the party is a necessary party. A party is necessary where the court cannot afford complete relief without the party or there is a danger that the absentee will be harmed, there may be an inconsistent judgment or there may be a possibility of double liability.

Indispensable Party[edit]

An indispensable party is one whose joinder will destroy diversity.

Supplemental Jursidiction[edit]

Where the court has original jurisdiction over a matter, the court may also assert supplemental jurisdiction over other claims that are so related that they form the same case or controversy as the original claim. The same case or controversy means that the claims arose out of the same transaction or occurrence and arise out of a common nucleus of operative facts.

Harmless Error[edit]

An error is harmless if, even without the error, there is no reasonable doubt that the case would have come out differently.