Civ Pro Flashcards
Minimal Diversity
- Statutory interpleader
- Large class actions + > 5mil
- Interstate mass torts
Corporate citizenship
- Incorporation state
2. Nerve center
Unincorporated associations citizenship
citizenship of every member
Amount in controversy exceptions
- Aggregation of claims between P & D
- Aggregation between many Ps and 1 D re: same right
- 1 P w/ claim > 75k & smaller claims of other Ps stemming from same T&O
Supplemental JX (federal Q)
OK if CNOF
Supplemental JX (diversity)
- Compulsory counterclaims (same T&O)
- X-claims + CNOF
- Permissive P joinder + CNOF + regardless of amount in controversy
Supplemental Jx (diversity exclusions)
- Ps vs Interpleaded 3rd-party D
- Ps v. Ds joined as necessary parties (R. 19)
- Claims by P intervenor
- Claims by involuntarily joined Ps (R. 19)
Removal General Rule
Proper only if case could have originally initiated in that federal court
- Only Ds can remove
Constitutional Req for PJx
Minimum contacts btw D and forum state such that jx over the person comports w/ traditional notions of fair play and justice
*Key is purposeful availment
Waiver of PJx
Waived if not filed at first opportunity:
- Motion to dismiss, or
- Answer
Special Federal Jx rules
- Law authorizing nationwide service of process
2. Bulge provision w/r/t impleaded 3rd party D + necessary parties
General in personam jx
- Presence
- Domicile
- Consent
- Incorporation
- Nerve center
- Doing business (substantial activity)
In rem jx
Any property, real/intangible, so long as physically present in the state
Waiver of venue
Must be raised at 1st opportunity like PJx
- Pre-answer motion to dismiss
- Answer
Proper federal venue
- Ds same state –> where any D resides
- Where the claim arose or where property is
IF NOT, then:
- Where any D can be served
Claim for relief
Not limited to complaint except for default judgments
Special pleading
- Fraud/Mistake
2. Special damages
Motion to dismiss (claims)
- Lack of SMJ
- Lack of PJx
- Improper Venue
- Failure to state a claim
- Failure to join a necessary party
- For non conveniens
Failure to answer complaint
Admission
Amendments to pleadings
- As of right w/n 21 days
2. Thereafter, by leave of court –> Freely granted
Relate Back Amendment to add a party
Relates back if:
1. concerns same T&O
AND
2. Party knew/should’ve known that action should’ve been brought against them
Permissive joinder Ps
- Same T&O
- Common question of law/fact
* Cannot destroy diversity
Intervention
- Interest in lawsuit that will be compromised by disposition of the action
- Common question of law/fact
- Meet diversity jx requirements
Statutory interpleader
- Amount of 500+
- Nationwide service
- Venue proper where any claimant resides
- Minimal diversity
Compulsory Counter-Claims
Same T&O
*SOL not an issue
X Claims
- Must arise out of same T&O
- Never compulsory
Impleader (def)
Allows D to implead another D who may be liable for all/part of P’s claim
- Bulge applies
- No supplemental jx for original P against 3rd party D
Class action reqs
- Numerosity
- Commonality
- Typicality
- Adequacy
Class action diversity
Applies to named Ps only
Mandatory DIsclosure
- Contact info of people w/ discoverable info
- Expert Ws
- List of all Ws and exhibits
Scope of discovery
Anything that is admissible at trial or lead to admissible things
Atty Work Product Rule
Protects:
- Docs and things
- Prepared in anticipation of litigation
- By or for another party or her representative
When can you get Atty Work-Product
- Showing of need
- Cannot be obtained elsewhere
*Mental impressions never discoverable
Own statements
Always discoverable
Involuntary dismissal w/o prejudice
- Jx
- Venue
- Necessary party
Summary judgment
No genuine dispute of a material fact . . . entitles moving party to JMOL
- affidavits
- depositions
*NOT pleadings as not verified
Number of preemptory challenges
3
Judgment as a matter of law (directed verdict)
Made at close of P’s case in chief –
Standard: Evidence viewed in light most favorable to the non-moving party cannot support a contrary verdict
Renewed JMOL (JNOV)
Renewed JMOL after verdict
Grounds for new trial
- Error made judgment unfair
- Newly discovered evidence
- Prejudicial misconduct by atty
- Excessive verdict
Interlocutory Appeals
- Injunctions
2. Affecting property
Appeal standards of reveiw
- Law –> de novo
- Fact –>
- Aff jury is substantial evidence
- Aff judge unless clearly erroneous - Discretion –> abuse of discretoin
Claim preclusion
- Final judgments on the merits
- Same parties or successors in interest
- Involves same claim
Issue preclusion
- Same issue of fact in two suits
- Issue actually and necessarily adjudicated
- Party to be precluded must’ve been party to the first suit
Frequently tested
- Jx.
- Pleadings
- Discovery
- Motions practice
- Effect of former adjudication
