Civil Procedure One-Pager | BarPrepPlay

Overview

BarPrepPlay uses this Civ Pro one-pager as a last-pass checklist for personal jurisdiction, subject matter jurisdiction, Erie, removal, preclusion, and summary judgment.

Personal Jurisdiction

General: "At home" (domicile, incorporation, PPB). Specific: Claim arises from D's forum contacts. Minimum contacts + fair play. On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

• Quick rule block: General: "At home" (domicile, incorporation, PPB). Specific: Claim arises from D's forum contacts. Minimum contacts + fair play.

Section sources

Subject Matter Jurisdiction

Federal question: Arising under federal law. Diversity: Complete diversity + >$75K. On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

• Quick rule block: Federal question: Arising under federal law. Diversity: Complete diversity + >$75K.

Section sources

Erie Doctrine

Diversity case: State substantive law, federal procedural law. SOL = substantive. Discovery = procedural. On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

• Quick rule block: Diversity case: State substantive law, federal procedural law. SOL = substantive. Discovery = procedural.

Section sources

Removal

D can remove if could have been filed in federal court. Forum defendant rule: No diversity removal if D is citizen of forum state. On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

• Quick rule block: D can remove if could have been filed in federal court. Forum defendant rule: No diversity removal if D is citizen of forum state.

Section sources

Preclusion

Claim preclusion: Same parties + same transaction = must bring all claims. Issue preclusion: Actually litigated + decided + essential. On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

• Quick rule block: Claim preclusion: Same parties + same transaction = must bring all claims. Issue preclusion: Actually litigated + decided + essential.

Section sources

Summary Judgment

No genuine dispute of material fact. View evidence in light most favorable to non-movant. Can't weigh credibility. On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

• Quick rule block: No genuine dispute of material fact. View evidence in light most favorable to non-movant. Can't weigh credibility.

Section sources

Primary law and source anchors

• 28 U.S.C. Section 1332 Federal diversity-jurisdiction statute for complete diversity and amount in controversy.
• International Shoe Co. v. Washington, 326 U.S. 310 (1945) Minimum-contacts baseline for personal-jurisdiction analysis.
• Erie R.R. v. Tompkins, 304 U.S. 64 (1938) The core state-substantive/federal-procedural framework in diversity cases.

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