|Personal Jurisdiction||The power of the court to bind the person of the defendant|
|In Rem Personal Jurisdiction||The power of court to render a judgment that binds property based on the presence of the property in the state (includes stocks, real property, personal property) It's power is limited to value of property.|
|Subject Matter Jurisdiction||Power to hear the kind of claim being brought|
|Joinder||Plaintiff is the master of his suit: can decide which claims to bring, which parties to sue, and where to bring the claim|
|Amendments to Pleadings||Courts generally allow unless adverse party will be prejudiced. Burden is on adverse party|
|Doctrine of Relation Back||Moves effective date of complaint or amendmnt to date of original pleadings so that it will be within the statute of limitation. Applies where wrong party named or parties co-tortfeasors and one was not named|
|Final Judgment Rule||Ultimate decision by trial court on merits of entire case - nothing remains to be done except execute final judgment|
|Res Judicata||Valid final judgments on the merits of a claim precludes reassertion of same claims between same parties. |
All claims based on the same cause of action ("primary right") must be decided in a single unit.
Res Judicata bars a second suit if it seeks to vindicate the same primary right (coa) No bar if separate and distinct coa found.
|Collateral Estoppel|| Precludes re-litigation of particular issues already litigated |
Party against whom it is asserted must have been a party in the prior lawsuit / identical issue (identical factual issue) / Actually litigated and determined (default judgment = actually determined) / necessarily determined (issue essential to final judgment / full and fair opportunity to itigate (same incentive) / final judgment
|SLAPP|| 1) D in a suit shows challenged coa arises out of a protectd activity and so files anti-SLAPP motion |
2) If yes (protected activity) then P must show reasonable probability of success on the merits.