Civil Litigation Procedures Flashcards

What is 'venue' in civil litigation, and how does it differ from 'jurisdiction'?

Answer: Venue refers to the proper geographic location of the court; jurisdiction refers to the court's authority to hear the case

Jurisdiction is the court's legal power to hear a case; venue is the specific geographic location (district or county) where the case should be filed.

Under the Erie doctrine, a federal court sitting in diversity must apply:

Answer: The substantive law of the state in which the federal court sits, but federal procedural rules

Erie Railroad v. Tompkins held that federal courts in diversity cases must apply the substantive law of the forum state while using the Federal Rules of Civil Procedure for procedural matters.

A 'writ of execution' in post-judgment civil litigation is used to:

Answer: Direct a law enforcement officer to seize the judgment debtor's non-exempt property to satisfy the judgment

A writ of execution is a court order authorizing a sheriff or marshal to seize and sell the debtor's property to satisfy a money judgment.

Under FRCP Rule 68, an 'offer of judgment' is significant because if the plaintiff rejects it and fails to obtain a more favorable judgment at trial, the plaintiff:

Answer: May be required to pay the defendant's post-offer costs

Rule 68 provides that if the plaintiff rejects a formal offer of judgment and then recovers less than the offer, the plaintiff must pay the defendant's post-offer costs.

In federal civil practice, what does it mean for a judgment to be 'final' for purposes of appellate jurisdiction?

Answer: The judgment disposes of all claims against all parties, leaving nothing for the court to do but execute the judgment

Under 28 U.S.C. § 1291, courts of appeals have jurisdiction over final decisions, meaning orders that end the litigation on the merits leaving nothing further for the district court to resolve.

What is the 'work product doctrine,' and how does it differ from attorney-client privilege?

Answer: Work product protects materials prepared in anticipation of litigation; attorney-client privilege protects confidential communications between attorney and client

The work product doctrine (FRCP Rule 26(b)(3)) protects documents and tangible things prepared in anticipation of litigation, while attorney-client privilege protects confidential communications made for the purpose of obtaining legal advice.

A 'garnishment' proceeding in post-judgment collection allows a judgment creditor to:

Answer: Obtain the debtor's wages or bank account funds held by a third party to satisfy the judgment

Garnishment is a post-judgment remedy that allows a creditor to intercept money owed to the debtor by a third party, such as an employer (wage garnishment) or bank.