Personal jurisdiction refers to the power that a court has to make a decision regarding the party being sued in a case. Before a court can exercise power over a party, the U.S. Constitution requires that the party has certain minimum contacts...
Federal Rules of Civil Procedure
Pleading is the beginning stage of a lawsuit in which parties formally submit their claims and defenses.
OverviewThe plaintiff submits a complaint stating the cause of action. The defendant submits an answer stating his or her defenses...
Res judicata translates to "a matter judged."
OverviewGenerally, res judicata is the principle that a cause of action may not be relitigated once it has been judged on the merits. "Finality" is the term which refers to when a court renders a...
A summary judgment is a judgment entered by a court for one party and against another party without a full trial.
OverviewIn civil cases, either party may make a pre-trial motion for summary judgment.
Rule 56 of the Federal Rules of...
Temporary restraining orders (TRO) are short-term pre-trial temporary injunctions. To obtain a TRO, a party must convince the judge that he or she will suffer immediate irreparable injury unless the order is issued. If the judge is convinced that a...
Unitherm Food Systems ("Unitherm"), a manufacturer and supplier of food processing machinery, sued Swift-Eckrich, doing business as ConAgra Refrigerated Foods ("ConAgra"), for defrauding the Patent Office, misrepresenting itself to Unitherm, improperly...