Flashcards in Chapter 4 - Parties and Jurisdiction - Terminology Deck (35):
The authority of a federal court to hear certain types of pleadings involving claims that do not have an independent basis for federal jurisdiction. Arises whenever a plaintiff has a proper claim and another party wishes to fil a counterclaim, cross-claim or third-party complaint but the latter claim does not have an independent jurisdictional basis.
A claim that has been transferred to another person or entity. In such a case, the assignee has a right to sue in the assignee's own name.
Determining in which court a complaint should be filed
A requirement that each plaintiff have a different state of citizenship from each defendant
A legal entity composed of shareholders who own the entity but whose existence is separate and distinct from the entity. Shareholders generally cannot be held liable for the obligations of the corporation..
The power of the federal court to hear controversies between citizens of different state. In order for the federal court districts to have jurisdiction, "complete diversity" must exist.
The permanent residence of a natural person. No person can have more than one domicile at one time.
A constitutional doctrine requiring fairness in judicial proceedings
The state where a lawsuit is being brought
A person appointed by the court to represent another, usually a minor or incompetent, in a lawsuit. Can sue or be sued in behalf of the person.
Guardian ad litem
When the plaintiff files a complaint in the wrong geographic district
when the plaintiff files a complaint in a proper district but a district that is not convenient for the defendant or witnesses
a court's power to personally bind the parties to the court's judgment
In personam jurisdiction
court's power to adjudicate rights in property located within the state in which the court sits
In rem jurisdiction
The ability of a person, not a party to the lawsuit, to become a party to the lawsuit when such person has an interest in the outcome of the lawsuit
The bringing together in one lawsuit the different claims that a party may have against another party
Joinder of claims
The bringing together of different parties in one lawsuit. Under rules 19 and 20 FRCP, the plaintiff must determine which parties must, should or can be brought into the lawsuit so that the plaintiff's claim can be properly decided.
Joinder of parties
The ability of a court to exercise jurisdiction over a defendant who is outside the geographical boundaries of the court
Sufficient contact by a defendant with the state attempting to exercise jurisdiction over the defendant
A person, group of persons or legal entity that has the right to bring or defend a legal case
Parties to an action
Legal entity created by two or more individuals who carry on a business and divide any profit or loss of the business
Jurisdiction by the federal court over nonfederal claims when both the federal and nonfederal claims derive from a common set of facts
The state where a corporation conducts a majority of its business, or, if this is not certain, the state where the corporate headquarters is located.
Principal place of business
Reference to actions in which the court does not have in personam jurisdiction over the defendant, but the court does have jurisdiction over particular property of the defendant that allows the court to subject that property to claims asserted by the plaintiff
Quasi in rem jurisdiction
The party who, under applicable substantive law, has the right that the lawsuit seeks to enforce
Real party in interest
the procedure in which a defendant may transfer a case already filed in a state court to the federal district court for the same district in which the state action is pending
A Latin word referring to either real or personal property, usually in the context of in rem actions
The delivery of a legal document to the opposing party. Usually refers to the actual delivery of the initial pleading to the defendant
Service of process
Business owned by one person and usually operated under a fictitious business name
The insulation of the government from being sued when functioning in an official government capacity, unless the government consents to being sued
The right of a person to challenge in court the conduct of another
The power of the court to hear particular matters
Subject matter jurisdiction
When one party becomes obligated to pay for the loss sustained by another, that party may be substituted as a proper party to collect against the wrongdoer for such loss
Social organizations, churches, home-owner groups, etc., that operate under a common name for the common benefit of all members