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OUTLINE OF A CIVIL ACTION

0. PRE LITIGATION CONSIDERATIONS 10. DISCOVERY [17]


1. Does the law furnish relief for this 1. Rule 26(a)(1)(A): Mandatory Initial
grievance? Disclosure [17]
2. What is the probability of winning? 2. Rule 26: General Rules [17]
3. Is it worth the time, effort and expense vs. 3. Rule 37: Sanctions for failure to disclose
alternatives: settlement, arbitration, self- [17]
help, forgetting about it 4. Techniques [18]
5. Policy [18]
1. SELECTING A PROPER COURT [1]
1. Personal Jurisdiction [1] 11. SUMMARY JUDGMENT [19]
2. Subject Matter Jurisdiction [3] 1. Table of 12(b)(6), Summary Judgment,
3. Supplemental Jurisdiction [3] Directed Verdict [19]
4. Removal [4] 2. Rule 56: Summary Judgment [20]
5. Venue [4] 3. Rule 52: Judgment of Partial Findings [20]
6. Forum Non Conveniens [4]
7. Transnational Jurisdiction [4] 12. THE JURY [21]
1. 7th Amendment Right to Jury
2. FEDERAL OR STATE JURISDICTION: ERIE [5] 2. Selection
1. Federal Question Jurisdiction [5]
2. Diversity Jurisdiction [5] 13. POST-TRIAL MOTIONS/CONTROLLING THE JURY [23]
1. Rule 50: JNOV [23]
3. PRE-JUDGMENT (PROVISIONAL) RELIEF [7] 2. Rule 59: Motion for a new trial [23]
1. Seizing a Person or Property 3. Rule 60: Vacate Judgment [24]
2. Injunctions & Restraining Orders 4. Rule 49: Special and General Verdicts [24]

4. SETTLEMENT/ATTORNEY’S FEES [8] 14. FINAL RELIEF [25]


1. Equitable Relief
5. COMMENCING THE ACTION [9] 2. Legal Relief
1. Notice 3. Declaratory Judgment
2. Preparing a Complaint 4. Consent Decree

6. THE COMPLAINT [10] 15. THE JUDGMENT AND ITS ENFORCEMENT [26]
1. Three Objectives 1. Contempt
2. Rule 8: General Rules 2. Costs
3. Rule 9(b): Fraud or mistake
4. Rule 41: Dismissal 16. CONCLUSIVENESS OF JUDGMENTS [27]
1. Res Judicata [27]
7. THE RESPONSE [11] 2. Collateral Estoppel [28]
1. Rule 11: Sanctions [11] 3. Complications [29]
2. Rule 12(b): Motions to Dismiss [11]
3. Answer [12] 17. CLASS ACTIONS [30]
1. Rule 23(a) Prerequisites
8. AMENDING PLEADINGS: ADDING PARTIES & CAUSES OF 2. Rule 23(b) Types
ACTION [13]
1. Rule 15: Amending Pleadings [13] 18. POLICY MESS [31]
2. Joinder of Parties: 14, 22, 24, 19, 20, 21 [13]
3. Joinder of Claims: 13, 18 [15]
4. Rule 42: Consolidation/Separate Trials [15]

9.