Civ Pro 1 - Sheet1 Flashcards
Civil Procedure
What are the 6 BIG ideas behind Civil Procedure?
(1) Right court?
- PJDX
- SMJDX
- Venue
(2) Learning about the case
- Service of process
- Pleadings
- Discovery
(3) Complex cases
- Party Joinder
(4) Adjudication
- Pretrial Conference
- Trial
(5) Appellate Review
(6) Effects of judgment
- Claim and issue preclusion
Civil Procedure
Does a person ALWAYS have a domicile?
YES.
But ONLY one.
-It is usually the same as where they ‘reside’
Civil Procedure
When is diversity of citizenship determined?
At the time the case is FILED.
Civil Procedure
How many PPB does a corporation have?
ONE and ONLY one.
NOTE:
A corporation may ‘reside’ in MANY locations
Civil Procedure
How is the amount in controversy determined?
It is based on P good faith belief assertion UNLESS it is legally certain that she cannot recover more than $75,000 (e.g., statutory ceiling).
Civil Procedure
What happens if P does not recover more than $75,000?
JDX is not disturbed.
HOWEVER, P may have to reimburse D’s litigation costs (not attorney’s fees).
Civil Procedure
When can the amount in controversy be satisfied by AGGREGATING claims?
(1) 1 P v. 1 D
- Always aggregate
(2) 2 P v. 1 D
- Do NOT aggregate
(3) 1 P v. 2 D
- Aggregate IF joint tortfeasors
Civil Procedure
How should supplemental jdx be used?
(1) Establish that a claim has either federal question OR diversity jdx (anchor claim)
(2) See if additional claims have either FQ or Diversity jdx
(3) If NOT, additional claims that do not satisfy FQ or Diversity jdx may be heard through the courts supplemental jdx IF
(4) The claims share a ‘common nucleus of operative facts’
(5) EXCEPTION: PÊmay NEVER use supplemental jdx to circumvent diversity jdx requirements in a diversity case (i.e., (1) is a diversity anchor).
Civil Procedure
A court does NOT have to hear cases that are in their court under supplemental jdx. What discretionary factors will the court consider?
(1) If the FQ jdx is dismissed early in the proceedings
(2) If the state claim is complex
(3) If state law predominates
Civil Procedure
How does REMOVAL work?
(1) A D may remove a case from STATE to FEDERAL court (only)
(2) ALL D’s must agree to remove
(3) If a diversity jdx claim, D may NOT be from the state to which he attempts to remove (in-state D rule)
(4) The district of the federal court must embrace the state court from which the claim was removed
(5) Removal must occur no later that 30 days after service of the 1st removable documents but in no case more than 1 year after the case was filed in state court.
(6) The federal court will REMAND the case if removal was improper.
Civil Procedure
What does the Erie Doctrine stand for?
(1) In a diversity case, federal courts must apply SUBSTANTIVE state law.
Civil Procedure
What is ‘substantive state law’ for purposes of the Erie Doctrine?
GUARANTEED STATE LAW:
(1) Elements of a claim or defense
(2) Statute of limitations
(3) Rules for tolling the SOL
(4) Conflict or choice of law rules
GUARANTEED FEDERAL LAW:
(1) Federal law that conflicts with state law
- supremacy clause
IF OTHER, USE TESTS:
(1) Outcome Determinative
- would fed law change the winner
(2) Balance of Interest
- state v. federal interest
(3) Avoid Forum Shopping
- Ps flocking to avoid state law
Civil Procedure
What is ‘venue?’
If you have established that federal courts have JDX over the case, venue tells us exactly which district the case should be filed in.
Civil Procedure
What is the difference between a local and transitory action for purposes of Venue?
(1) Local Action:
- Deals with land
- Venue = where ever that land is
(2) Transitory Action:
- All other cases
- Venue = (1) where all D’s reside; or
(2) a substantial part of the claim arose
Civil Procedure
Where do D’s ‘reside’ for purposes of venue?
(1) Humans:
Usually where they are citizens
(2) Corporations:
Any district where they are subject to PJDX
