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Civil Procedure > Bar: Civ Pro Everything > Flashcards

Bar: Civ Pro Everything Flashcards

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Civil Procedure 1L flashcards
1
Q

When analyzing the ‘Contact’ factor under the constitutional requirement of Personal Jurisdiction, the Court looks at whether:

  1. Contact resulted from purposeful __________
  2. _____________
A

When analyzing the ‘Contact’ factor under the constitutional requirement of Personal Jurisdiction, the Court looks at whether:

  1. Contact resulted from purposeful availment
  2. Foreseeability
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2
Q

Three factors to examine for Constitutional requirement of Personal Jurisdiction:

  1. Contact
  2. Relatedness
  3. Fairness
A

Three factors to examine for Constitutional requirement of Personal Jurisdiction:

  1. ______________
  2. ______________
  3. ______________
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3
Q

There are 3 types of Personal Jurisdiction:

  1. ______________
  2. ______________
  3. ______________
    A.
    B.
A

There are 3 types of Personal Jurisdiction:

  1. In Personam
  2. In Rem
  3. Quasi in Rem -
    A: Court adjudicates based on forum; close connection btwn case and property provides minimum contacts
    B. Court attaches property to bring defendant into forum on an unrelated claim; defendant must have minimum contacts with forum
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4
Q

Limits on Personal Jurisdiction:

A federal court must analyze personal jurisdiction as if it were ____________.

A

Statutory Limitations on Personal Jurisdiction

Federal court must analyze personal jurisdiction as if it were a court of the state in which it is located.

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5
Q

To determine if there is Personal Jurisdiction is a two-step analysis:

  1. ______________
  2. ______________
A

To determine if there is Personal Jurisdiction is a two-step analysis:

  1. Satisfy a state statute; AND
  2. Satisfy the Constitution
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6
Q

To satisfy the Constitutional requirement of Personal Jurisdiction, the Court looks to whether the Defendant has ______________ contacts with the forum so ________________________ of fair play and ________________.

A

To satisfy the Constitutional requirement of Personal Jurisdiction, the Court looks to whether the Defendant has such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice.

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7
Q

Three factors to examine for Constitutional requirement of Personal Jurisdiction:

  1. ______________ (______ and _______)
  2. ______________ (______ v _______)
  3. ______________ (______, _____’s and _____’s _______)
A

Three factors to examine for Constitutional requirement of Personal Jurisdiction:

  1. Contact (Purposeful Availment and Foreseeability)
  2. Relatedness (General v. Specific)
  3. Fairness (Burden, State’s and Plaintiff’s interests)
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8
Q

When analyzing the ‘Contact’ factor under the constitutional requirement of Personal Jurisdiction, the Court looks at whether:

  1. Contact resulted from _____________ availment
  2. _____________
A

When analyzing the ‘Contact’ factor under the constitutional requirement of Personal Jurisdiction, the Court looks at whether:

  1. Contact resulted from purposeful availment
  2. Foreseeability
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9
Q

A Court will have general Personal Jurisdiction over an individual person if that person is _________ within that that forum.

A

Domiciled.

A Court will have general Personal Jurisdiction over an individual person if that person is domiciled within that that forum.

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10
Q

A corporation’s activity within a forum must be so systematic and continuous that the company is “at home.”

This is where one of two qualifications are met:

  1. ______________
  2. ______________
A

A corporation’s activity within a forum must be so systematic and continuous that the company is “at home.”

This is where one of two qualifications are met:

  1. Where Incorporated
  2. Principal Place of Business
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11
Q

Fairness is the third factor analyzed to determine if there is constitutional personal jurisdiction.

However, Fairness is not examined as a factor if there is already __________ Personal Jurisdiction.

A

Fairness is the third factor analyzed to determine if there is constitutional personal jurisdiction.

However, Fairness is not examined as a factor if there is already General Personal Jurisdiction.

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12
Q

Together, a Summons and a Complaint are called __________.

A

Together, a Summons and a Complaint are called Process.

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13
Q

Who can serve process?

______________

A

Any non-party who is 18-years-old or older may serve process.

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14
Q

If a Defendant is to be served in the US, service is to take place within ___ days after the ___________.

A

If a Defendant is to be served in the US, service is to take place within 90 days after the complaint is filed.

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15
Q

There are Four ways process may be served on an individual in the United States:

  1. ______________
  2. ______________
  3. ______________
  4. ______________
A

There are Four ways process may be served on an individual in the United States:

  1. Personal Service
  2. Substituted Service
  3. Service on D’s Agent
  4. State law methods
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16
Q

In Substituted Service, Process may be left with someone other than the Defendant, if:

  1. ______________
  2. ______________
A

In Substituted Service, Process may be left with someone other than the Defendant, if:

  1. At Defendant’s usual abode
  2. Someone of “suitable age and discretion” who resides there is served
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17
Q

In order to serve someone who is in a foreign country, service may use:

_____________; or otherwise,

A. \_\_\_\_\_\_\_\_\_\_\_\_\_\_
B. \_\_\_\_\_\_\_\_\_\_\_\_\_\_
C. \_\_\_\_\_\_\_\_\_\_\_\_\_\_
D. \_\_\_\_\_\_\_\_\_\_\_\_\_\_
E. \_\_\_\_\_\_\_\_\_\_\_\_\_\_
A

In order to serve someone who is in a foreign country, service may use:

A method allowed by international agreement; or otherwise,

A. Per directions of the American court
B. Method allowed by the foreign country’s law
C. Method directed by foreign official in response to letter rogatory from American court
D. Personal service (unless prohibited by law)
E. Mail sent by clerk of American court

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18
Q

A report is filed with the court detailing how service was made. If the server was a civilian, the report is by ___________.

A

Affidavit

A report is filed with the court detailing how service was made. If the server was a civilian, the report is by affidavit.

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19
Q

Federal Courts have limited SMJ.

The two main types of cases that can be heard in federal court are:

  1. ______________
  2. ______________
A

Federal Courts have limited SMJ.

The two main types of cases that can be heard in federal court are:

  1. Diversity of Citizenship
  2. Federal Question
20
Q

There are two requirements for diversity of citizenship cases:

  1. ______________ or ______________
  2. ______________
A

There are two requirements for diversity of citizenship cases:

  1. The case is either between citizens of different US states OR between a citizen of a US state and a citizen of foreign country
  2. The amount in controversy exceeds $75,000
21
Q

Complete Diversity Rule establishes that there is no Diversity if _____________________.

A

Complete Diversity Rule establishes that there is no Diversity if any plaintiff is a citizen of the same state as any defendant.

22
Q

If a citizen from another country (alien) is lawfully admitted to permanently reside in a US state, is she considered a citizen of that state?

A

No.

However, she might invoke alienage (a form of diversity), but not true diversity.

The opposite is also true. If a citizen of a US state moves abroad and resides in another country, that person is not an alien, and may not invoke alienage. Though they may invoke diversity.

23
Q

Everyone has a domicile. And a person may only have one domicile. However, a new domicile may be established (replacing the old one) by:

  1. ______________
  2. ______________
A

A new domicile may be established by:

  1. Presence
  2. Intent to make that place home for the foreseeable future
24
Q

Where is a corporation a citizen?

  1. ______________
  2. ______________
A

A corporation is a citizen:

  1. In every US state were it is incorporated; and
  2. The one US state were the corporation has its Principle Place of Business
25
Q

Where is an unincorporated company a citizen? (ex: LLCs, partnerships, etc.)

____________

A

An incorporated company is a citizen anywhere one of its members is a citizen.

26
Q

The principal of __________ means adding two or more claims to meet the amount requirement.

A

Aggregation

The principal of Aggregation means adding two or more claims to meet the amount requirement.

27
Q

Aggregation ______ allow factually unrelated claim amounts to be aggregated.

A. Does
B. Does not

A

A. Does

Aggregation does allow factually unrelated claim amounts to be aggregated.

28
Q

Equitable Relief may be granted by federal courts in some cases.

For a court to hear a case where an injunction is the requested relief, the value of the injunction is determined from:

A. The Plaintiff’s perspective: $ value of benefit sought
B. The Defendant’s perspective: $ value of detriment
C. Either A or B

A

C. Either A or B.

The $75,000 dollar amount may be reached by either the Plaintiff’s perspective ($ value of the benefit) or Defendant’s perspective ($ value of the detriment).

29
Q

In cases regarding Federal Question:

A. The citizenship of the parties is still relevant
B. The amount in controversy is still relevant
C. Both A and B are still relevant
D. Neither A and B are relevant

A

D. Neither A and B are relevant

Neither the citizenship of parties nor the amount is relevant in cases regarding a Federal Question.

30
Q

Per the ‘Well Pleaded Complaint Rule’, the plaintiff’s claim must __________________.

A

Arise under federal law

Per the ‘Well Pleaded Complaint Rule’, the plaintiff’s claim must arise under federal law.

31
Q

To satisfy the ‘Well Pleaded Complaint Rule’, a plaintiff generally must be seeking to _________ a __________ _______.

A

To satisfy the ‘Well Pleaded Complaint Rule’, a plaintiff generally must be seeking to enforce a federal right.

32
Q

Removal Jurisdiction:

Removal may transfer a case from a _______ trial court to a __________ trial court.

A

State; Federal

Removal may transfer a case from a State trial court to a Federal trial court.

33
Q

Removal must occur within ___ days of service.

A

30

Removal must occur within 30 days of service.

34
Q

Who must join in the removal?

_______

Whereas ________ may never remove.

A

All defendants served with process.

Whereas plaintiffs may never remove.

35
Q

What cases may be removed?

_______

Exception:

  1. ____________
  2. ____________
A

Any cases that meet the requirements for diversity of citizenship or Federal Question may be removed.

Exception:

  • If any defendant is a citizen of the present forum
  • If attempt at removal is more than 1 yr after the case was filed in state court
36
Q

When is a party’s state citizenship for purposes of diversity jurisdiction determined?

A

Diversity of citizenship is determined when the lawsuit is filed. Diversity need not exist when the cause of action accrues, and it is not defeated if a party changes his state citizenship after the lawsuit is filed.

37
Q

In a diversity case between citizens of two different states, how does a federal court determine which state law should apply?

A

In a diversity case, the federal court applies the law that would be applied by the courts of the state in which the federal court is located.

This includes the state’s choice of law rules.

38
Q

In order to satisfy federal question jurisdiction, the federal question must appear in:
response - correct

A)The plaintiff’s complaint

B) Either the plaintiff’s complaint or the defendant’s answer

C) Either the plaintiff’s complaint or the defendant’s answer, counterclaim, or cross-claim

D) Either the plaintiff’s complaint or the defendant’s answer or counterclaim

A

A) The plaintiff’s complaint

In order to satisfy federal question jurisdiction, the federal question must appear in the plaintiff’s complaint. The federal question must appear as part of the plaintiff’s cause of action as set out in a well-pleaded complaint.

39
Q

A complaint __________ create federal question jurisdiction if it alleges federal issues only in anticipation of some defense.

A) May

B) Will

C) Will not

A

C) Will not

A complaint will not create federal question jurisdiction if it alleges federal issues only in anticipation of some defense. The federal question must appear as part of the plaintiff’s cause of action as set out in a well-pleaded complaint. It is therefore sometimes necessary to determine whether certain allegations are proper in pleading the cause of action, and whether the federal element is essential to the plaintiff’s case.

40
Q

What is the amount in controversy requirement to establish federal question jurisdiction?
response - incorrect

A) There is no amount in controversy requirement for most federal question cases

B) In excess of $75,000

C) In excess of $100,000

D) At least $75,000

A

A) There is no amount in controversy requirement for most federal question cases

There is no amount in controversy requirement in federal question cases, with few narrow exceptions.

41
Q

As a general rule, a notice of appeal must be filed with the district court within ____ days from the entry of judgment.

A

Under Rules 3 and 4 of the Federal Rules of Appellate Procedure, a party generally has 30 days from the entry of judgment to file a notice of appeal with the district court. (But note that this period may be extended in some circumstances.) The filing period is extended to 60 days when the United States is a party to the action.

42
Q

When are Writs of Mandamus available?

A

Writs of mandamus are available only if an appeal will be insufficient to correct the error and the trial court’s actions constitute a serious abuse of power that must be immediately corrected.

43
Q

When a court issues an order correcting a clerical error in a judgment, what is the effective date of the correction?

A A reasonable date determined by the judge

B The date the judgment was entered

C The date of the motion requesting the correction

D The date of the order

A

B The date the judgment was entered

When a clerical error is ordered to be corrected, the effective date of the correction is always the date the judgment was entered. The date of the order and the date of the motion are not relevant to the effective date of the correction.

44
Q

As a general rule, a judgment from a federal district court can be enforced __ days after being entered.

A

As a general rule, a judgment from a federal district court can be enforced 14 days after being entered.

45
Q

Review under the Interlocutory Appeals Act is discretionary with the court and may be available when:

1) ______________________
2) ______________________

A

Review under the Interlocutory Appeals Act is discretionary with the court and may be available when:

1) the trial judge certifies the order involves a controlling question of law, as to which there is substantial ground for a difference of opinion, and an appeal would materially advance the conclusion of the case, and
2) at least two appellate court judges agree to hear the appeal.

Civil Procedure (11 decks)

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