10 terms

BAR CivPro

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
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
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.