Bar - Civ Pro Flashcards
Recap of Main Issues
First Issues
- Personal Jurisdiction
- Subject Matter Jurisdiction
- Supplemental Jurisdiction
- Removal and Remand
- Venue and Transfer of Venue
- Notice
- Choice of Law
Pretrial Procedures
- Pleadings
- Joinder of Parties
- Joinder of Claims
- Class Action
- Discovery
Disposition without Trial
- Dismissal/default
- Motion for Summary Judgment (MSJ)
Trial
- Right to a jury
- Judgment as a matter of law (JMOL)
(Directed Verdict in California
Post Trial)
- Renewed JMOL
o JNOV in California
- New trial
- Motion to set aside judgment
- Remittitur/additur
Appeals
- Final Judgment Rule (FJR)
Use of Final Judgment
- Claim preclusion (res judicata)
- Issue preclusion (issue preclusion)
For a court to hear a case, what 4 things need to be in place?
(1) Court has personal jurisdiction over the defendant;
2) Court has subject matter jurisdiction over the matter;
(3) Venue is proper; AND
(4) D has notice of the suit.
What are the 3 types of personal jurisdiction over a defendant?
(1) In personam
(2) In rem jurisdiction
(3) Quasi in rem jurisdiction
What is in personam personal jurisdiction?
Forum has personal jurisdiction over the defendant.
What is in rem jurisdiction?
Court has power to adjudicate the rights of people all over the world to a piece of property
- Examples:
o Actions for condemnation (eminent domain cases)
o Forfeiture of property to the state (e.g., when property used for unlawful housing of narcotics)
o Settlement of decedent’s estate
What are the two types of Quasi in Rem jurisdiction?
- Type 1 – court has power to determine whether certain individuals own a piece of property; court not permitted to determine rights of people across the world
- Type 2 – court adjudicates disputes other than ownership based on the presence of the defendant’s property in the forum
- Note
For Quasi In Rem jurisdiction, the court has power over the property but the judgment does not bind the defendant personally and cannot be enforced against any other property belonging to the defendant.
What are the 4 bases to satisfy personal jurisdiction?
(1) D is domiciled in the forum state
(2) D is present in the forum state and served with process (unless by force/fraud or summons for another case)
(3) D consents to or waives personal Jx (e.g., appears in court to respond to complaint)
(4) State long arm statute and minimum contacts between the defendant and the forum state.
How is an individual’s domicile defined?
(1) State in which one is physically present; AND
(2) Subjective intent to remain.
What are the two steps in a modern personal jurisdiction analysis?
(1) Statutory analysis
(2) Constitutionality analysis
What is the question asked in the statutory analysis?
Whether there is the existence of a long arm statute
Note: Sample Long Arm Statute
Language: “State X may exercise Jx on any basis not inconsistent with the Constitution of the U.S.”
Conclusion: The statute reaches the Constitutional limit.
What is the question asked in the constitutionary analysis?
Whether defendant has sufficient minimum contacts such that jurisdiction does not offend traditional notions of fair play and justice
What are the 3 main requirements to the constitutionality analysis?
(1) Contacts between D and the forum state;
(2) Relatedness; AND
(3) Fairness
In the first prong on contacts, what are the 2 required elements and define them each.
(1) Purposeful availment, where D receives benefits in the forum state; AND
(2) Foreseeability of suit.
Note:
D can purposefully avail without setting foot in the forum (e.g., marketing a product in the forum, sending a tortious email in the forum, traveling through the forum, maintaining an interactive website in the forum)
* If active website (e.g., make hotel reservation) enough for PJ
* If passive website (e.g., only gives hotel info) not enough for PJ
- ARGUE BOTH SIDES ON EXAM
On the relatedness prong, what question are we asking? What are the two things to show to establish general jurisdiction?
Whether D’s contacts with the forum state relate to the P’s cause of action?
If yes: Specific jurisdiction, skip to reasonableness
If no: Need general jurisdiction .
D must be:
(1) “At home” or registered to do business in the forum state; OR
(2) Be served with process in the forum state.
Individuals at home in state of domicile
Corporations at home in every state of incorporation and PPB
Example for individual
Example: I live in CA. I can be sued in CA for a claim that arises anywhere in the world, including Antarctica.
Example: I am from CA, but I travel to OK, and am served with process for a lawsuit in OK. OK has personal Jx over me.
What are the 3 factors analyzed under Fairness and only for specific jurisdiction (step 3)?
(1) Burden on the defendant and his witnesses
o E.g., cost for them to travel to forum state this is not enough. D must show “grave inconvenience”
o Note: relative wealth of P and D is not determinative
(2) State’s interest
o Mention state will want to protect its citizens and offer them a courtroom
(3) Plaintiff’s interest in being in forum state
o E.g., P injured and can’t travel to other state
Exam Tips - Personal Jurisdiction
California State Courts—Personal Jurisdiction
- This is assessed the same exact way personal jurisdiction is assessed in federal court.
Minimum contacts fact triggers
Advertise or solicit business in a state
Distributor or salesperson for product in a state
Small retail store near state border
Awareness that product is being used in a state
Driving through a state on the way to another state
Housing state X prisoners in state Y
- Note: Personal Jx is frequently tested. If time permits, analyze the traditional bases of jurisdiction, but typically these bases will not be satisfied, and a full-fact intensive minimum contacts analysis will be required
What is the general rule on subject matter jurisdiction?
A federal court has subject matter jurisdiction if the case involves a federal question or diversity jurisdiction. Subject matter jurisdiction cannot be waived.
When does a federal court have federal jurisdiction? 2 requirements
Rule: A federal court has federal question jurisdiction if:
(1) The claim arises from federal law; AND
(2) Determined by a well-pleaded complaint.
- Note: D’s defenses do not matter.
- Note: There is no amount in controversy requirement in federal question cases, with the narrow exception for cases brought against defendants other than the United States, its agencies, or employees under section 23(a) of the Consumer Product Safety Act.
What is the general rule on diversity jurisdiction?
Federal courts have diversity jurisdiction where there is complete diversity of citizenship between the parties, and the amount in controversy exceeds $75K, exclusive of interest and costs and counterclaims.
- Note: Attorneys’ fees and interest that are recoverable by statute or as part of claim are included
What are the 4 groups that fulfill complete diversity of citizenship? Between who and who?
(1) Citizens of different states
(2) Citizens of a state AND citizens of a foreign country except when greencard holder
(3) Citizens of different states AND in which citizens of foreign countries are additional parties
(4) A foreign country as plaintiff and citizens of a state
o (1) citizens of different States
Example: P (Florida) v. D (New York)
o (2) citizens of a State and citizens of a foreign country
Exception
* When the citizens of the foreign country have permanent residence in the same State as P
Example: P (Florida) v. D (France) OK
Example: P (Spain) v. D (California) OK
But not: P (Florida) v. D (France citizen, resides in FL)
NOTE: If a P lives abroad, but is a U.S. citizen, they are NOT a citizen of a U.S. state.
o (3) citizens of different States and in which citizens of foreign countries are additional parties
Examples: P (Florida) and P (Germany) v. D (New York) and D (Canada)
o (4) a foreign country as plaintiff and citizens of a state (or different states)
Example: P (Turkey) v. D (California)
How is one’s citizenship determined?
Same as domicile
- (1) State in which one is physically present; AND
- (2) The subjective intent to remain.
Note: Each person can only have one domicile at a time.
Note: If you are driving from Ohio to move to Florida and get in accident, you do not yet have physical presence in Florida so your domicile is still Ohio.
How is a corporation’s citizenship determined?
- Rule: A corporation is a citizen of the state of incorporation and the state where it has its principal place of business.
- Note: A corporation may be the citizen of more than one state.
- Note: Company can also be citizen of another country.
How is the principal place of business defined?
o PPB is where the corporation’s officers direct, coordinate, and control the business
o Note: “nerve center test”; e.g., HQ
How is citizenship determined for unincorporated associations and partnerships?
- Rule: The citizenship of an unincorporated association is determined by the citizenship of all of its members.
o Note: An unincorporated association can be a citizen of all 50 U.S. states at one time.
Note: includes where both general and limited partners reside