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Civil Procedure

Video contributions by Angela Upchurch and Daniel Edelson

 

What is summary judgment? This video discusses how a judge may rule on one or more claims if there is no question of material fact for the jury to decide and the law so clearly favors one party.

What are the pleading requirements of the PSLRA - - the Private Securities Litigation Reform Act? This vides discusses some of the basic pleading requirements of the PSLRA and the standards by which a court determines whether a complaint adequately alleges securities fraud.

What is Discovery: Discovery & Settlement. This video discusses the relationship between discovery and settlement in the United States. 

What are counterclaims in federal court? This video discusses compulsory and permissive counterclaims in federal civil actions. 

What are affirmative defenses? The video discusses affirmative defenses that a defendant may include with her Answer to a Complaint.

What is an Answer to the Complaint. This video introduces the defendant's Answer in a federal court to the Complaint. 

What are Rule 9's requirements for pleading special matters? This video discusses Federal Rule of Civil Procedure 9 and the particularity requirements to plead fraud and mistake. 

What are the general pleading requirements in United States federal courts? This video discusses the requirement that a complaint provide a short and plain statement showing that the plaintiff is entitled to relief. 

What are minimum contacts? This video discusses when it is constitutional for a court in one state in the United States to assert jurisdiction over a resident of a different state.

What are specific and general personal jurisdiction? This video discusses when a court in one state can assert long arm jurisdiction - - personal jurisdiction over a defendant in another state. 

What is Long Arm personal jurisdiction? This video introduces principles of personal jurisdiction and personal jurisdiction over out-of-state defendants in the United States. 

What is Removal? This video explains what it means for a party to remove a case from a state court to a United States federal district court.

What is Federal Question Jurisdiction? This video discusses federal question subject matter jurisdiction in United States federal courts. 

What is Diversity Jurisdiction? This video discusses the basic principles of diversity jurisdiction and subject matter jurisdiction in United States federal courts. 

What is judgment as a matter of law? This video introduces Federal Rule of Civil Procedure 50 which allows a party in a civil litigation to ask a court to grant judgment before and after a jury reaches its verdict. 

What is claim preclusion? This video discusses the principle that when a case ends on its merits in a civil litigation the parties are barred from re-litigating the same case in another court. 

What is issue preclusion? This video discusses the principle that when an issue of fact or law has been adjudicated in one court, it may preclude the same or other parties from re-litigating the same issue of law or fact. 

What is an appeal in a civil litigation? This video introduces appellate practice, where a party that did not prevail on one or more claims in a civil litigation argues that the trial court judge committed an error. 

Discovery: What is a Motion to Compel? This video introduces motions to compel in discovery, where a party asks a judge to order the disclosure of information by another party or third party.

What is impleader? This video introduces impleader, where a defendant may join a third party defendant to the litigation who may be liable to the defendant is she is liable to the plaintiff. 

What is remand? This video introduces remand, where a court returns a case to a prior court. 

What is a deposition? This video introduces depositions, part of the discovery process in a civil litigation, where a witness or party must answer questions under oath prior to trial. 

What is a class action? This video discusses one type of class action where a representative of a class litigates on behalf of other members of the class. 

What is interpleader? This video introduces actions where a party subject to liability from competing claims joins the other parties in a lawsuit. 

What are Requests for Admission? This video introduces requests for admissions, in which a party to a civil litigation can request that another party admit the truth of a fact, the application of law to a fact, or the genuineness of a document.