The words, and the line each one draws
Civil Procedure and Conflict Resolution · Prof. Coyne & Prof. Dimitriadis · MSLAW · Fall 2026
Method suite · vocabulary
Casebook: Hazard, Fletcher, Bundy & Bradt, Pleading and Procedure (12th ed.). The syllabus skips Pennoyer and Harris v. Balk and begins at International Shoe, p. 58. Outline draft due 10.5.26; midterm 10.7.26.
Every term comes with an approachable meaning and, more usefully, the distinction it needs to keep. Most vocabulary errors in civil procedure are not wrong definitions. They are two correct definitions applied to each other’s question.
For drilling rather than reading, the legal language trainer and the pattern drill test these distinctions in use.
| Term | Approachable meaning | Distinction to preserve |
|---|---|---|
| Civil action | A court proceeding seeking civil relief | Not every dispute reaches trial |
| Claim | A legally recognized demand for relief | Distinct from a motion about how the case proceeds |
| Cause of action | A legal basis for seeking a remedy | Terminology can vary by context |
| Complaint | The pleading that begins the plaintiff's case | Allegations are not automatically proven facts |
| Answer | The defendant's responsive pleading | Different from a motion requesting a ruling |
| Motion | A request for a court order | Identify precisely what order is requested |
| Order | A court's directive or ruling | Not every order is a final judgment |
| Judgment | The court's formal disposition | Finality can require further analysis |
| Procedural posture | Where the case stands when a question arises | Determines available mechanisms and relevant material |
| Subject-matter jurisdiction | Authority to hear this category of dispute | Distinct from power over a defendant |
| Personal jurisdiction | Authority to bind a particular defendant | May involve authorization, due process, and waiver |
| Domicile | Home coupled with the relevant intent to remain | Residence alone is not the complete citizenship test |
| Venue | The authorized geographic federal district | Different from jurisdiction and convenience |
| Service of process | Formal delivery through an authorized method | Actual awareness does not alone resolve compliance |
| Removal | Authorized movement from state to federal court | Different from an appeal |
| Remand | Sending a case back to the originating court or tribunal | Meaning depends on the procedural setting |
| Pleading | A formal document stating claims or responses | Not every filed paper is a pleading |
| Plausibility | Required factual sufficiency under the federal pleading doctrine | Not proof by a preponderance |
| Discovery | Authorized processes for obtaining litigation information | Relevance does not eliminate other limits |
| Privilege | Protection allowing qualifying information to be withheld | Distinct from general confidentiality |
| Work product | Protection for qualifying litigation-preparation material | Different from attorney-client privilege |
| Burden of production | Obligation to supply sufficient support to get an issue considered | Different from ultimate persuasion |
| Burden of persuasion | Obligation to convince the decision-maker to the required degree | The degree depends on the governing claim/issue |
| Material fact | A fact capable of affecting the result under the governing law | Not every interesting detail is material |
| Genuine dispute | A sufficiently supported factual contest requiring resolution | A bare assertion does not always create one |
| Summary judgment | Pretrial judgment when the Rule 56 conditions are met | Different from deciding credibility at trial |
| Judgment as a matter of law | A legal-sufficiency ruling in the jury-trial setting | Has stage-specific preservation requirements |
| Joinder | Combining claims or parties through authorized rules | Does not independently create jurisdiction |
| Counterclaim | Claim against an opposing party | Different from a defense to that party's claim |
| Crossclaim | Claim against a coparty under the applicable rule | Not simply another word for counterclaim |
| Impleader | Bringing in a nonparty on a qualifying derivative-liability theory | Not merely blaming a different wrongdoer |
| Supplemental jurisdiction | Authority over qualifying additional claims | Statutory restrictions and discretion still matter |
| Waiver | Giving up a protection, expressly or through a rule-defined omission | Usage differs; do not flatten waiver and forfeiture |
| Preservation | Taking required steps to retain an issue for later review | Being substantively correct is not enough |
| Standard of review | How a reviewing court examines a challenged ruling | Different from the original trial burden |
| Interlocutory | Occurring before final disposition | Some orders have special immediate review routes |
| De novo review | Fresh review of the specified legal question | Does not mean conducting a new factual trial |
| Abuse of discretion | Review respecting a lawful range of trial-court choices | Does not immunize legal error |
| Claim preclusion | A prior judgment's bar on qualifying later claims | Can reach matters that could have been raised |
| Issue preclusion | A prior determination's effect on a qualifying issue | Requires more than that the issue could have been raised |
| With prejudice | A dismissal intended to carry specified final consequences | Exact preclusive effect depends on applicable law |
| Without prejudice | A dismissal without the specified merits bar | Does not guarantee refiling is timely or otherwise allowed |
| Relief | What the court is asked to award or order | Must connect to a legal basis and procedural route |
Definitions orient learners; the linked lesson and governing source control the detailed test.