Civ Pro Chapter 1

summary judgment

another opportunity for a court to decide whether case should proceed to trial

preliminary injunction

trial lite" occurs after evidentiary presentations and argument but with perhaps curtailed discovery and less than complete evidence (injunction after complete evidence)

temporary restraining order

lasts usually just long enough to have a hearing on the motion for a preliminary injunction

equitable relief

Relief granted in the form of either specific performance ("do it") or an injunction ("stop doing it") when monetary damages are insufficient due to the unique or irreversible consequence of the breach.

injunction

An order which legally prevents something

preliminary injunction

trial lite" occurs after evidentiary presentations and argument but with perhaps curtailed discovery and less than complete evidence (injunction after complete evidence)

punitive damages

punish defendants for particularly reprehensible behavior, including that which doesn't produce substantially compensatory damages

statutory damages

minimum damage awards decreed by legislation, often when compensatory damages would be small or difficult to prove

limiting damages

putting caps on "noneconomic" damages -- disencourage litigants to sue in cases where they are available

hard/special damages

economic damages" ; medical expenses, specific dollar losses essentially

soft damages

emotional distress, pain and suffering, humiliation

declaratory relief

may be chosen by a party even though other remedies are open to her
-sought most often in insurance and patent litigation, but available and used in all types of civil litigation

dicta

not necessary - not technically part of holding of case but relevant

replevin

a procedure whereby seized goods may be provisionally restored to their owner pending the outcome of an action to determine the rights of the parties concerned.

14th amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

Due Process

avoiding arbitrary encroachment on individual rights when acting to deprive a person of his or her property

Granting Certiorari

SC deciding to review a case

former adjudication

-claim preclusion
-issue preclusion

claim preclusion

prevents a case from being brought again

issue preclusion

prevents an issue from being revisited

FR 20

Permissive Joinder of Parties
persons who may join or be joined
-plaintiffs - if they assert any right to relief jointly, severally, or in alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occuren

eerie principal

in cases like Houchens the federal courts will apply the same
substantive law as a state court sitting in the relevant state (here Virginia) would apply�here the definition of "accidental death."
But the Federal Rules�how to plead, the possibility and lim

directed verdict

exercise of judicial power before the case given to the jury

judgment notwithstanding the verdict

post verdict reversal of jury's decision

Rule 50

Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling