Civ Pro

Question 1

Subject Matter Jx

Answer 1

Diversity:
A corporation is a citizen of every state in which it is incorporated and the one state in which is has its principal place of business. PPOB is the state from which the corps high level officers direct, control, and coordinate the cops activities (the “nerve center” which is usually the corps headquarters).

Person is a citizen where they domiciled. New state citizenship may be established by physical presence in new state and intention to remain there.

Question 2

PJ

Answer 2

SJ: Sufficient minimum contacts w/ the state such that the exercise of PJ in the state would be fair and reasonable.
If D’s contacts are related to the cause of action, specific jurisdiction is possible. If the contacts are unrelated to the cause of action, there must be general jx.

Question 3

Appellate review

Answer 3

Right to appeal if the order is a final judgment, which is one that determines the merits of the entire case.
(non final judgments are interlocutory orders).
Interlocutory (non final) review:
- Orders reviewable as of right: orders granting, modifying, or refusing prelim or permanent injunctions.
- Interlocutory appeals act: allows appeal of non-final order if: the district judge certifies that it involves a controlling issue of law; as to which there is substantial ground for difference of opinion, and the court of appeals agrees to hear it.
- “Collateral order” doctrine: appellate court has discretion to hear ruling on an issue if that issue: is distinct from the merits of the case, involves an important legal question; and is essentially unreviewable if parties await a final judgment (tough to meet).
- Multiple claims and parties: when more than one claim is presented in a case, or when there are multiple parties, the district court may expressly direct entry of a final judgment as to one or more of them if it makes an express finding that there is no just reason for delay.
- class action: discretion to review an order granting or denying certification of class action. (seek review within 14 days of order).
- Extraordinary writ (mandamus or prohibition): an original proceeding in the court of appeals to compel the district judge to make or vacate a particular order. not a sub for appeal; available only if the district judge is violating a clear legal duty

Question 4

Intervention

Answer 4

intervention may be granted as of right or permissively.
Intervention of right; available whenever the applicant claim an interest in the property or transaction that is the subject of the subject matter of the action, and the disposition of the action w/o her may impair her ability to protect that interest (unless the interest is already represented)

Permissive intervention: available when the applicant’s claim or defense and the main action have a question of law or fact in common; no direct personal or pecuniary interest is required. can’t destroy complete diversity and must be supported by its own jurisdictional ground

Question 5

TRO

Answer 5

Can be issued w/o notice to the adverse party, but only in limited circumstances and for a limited duration; usually sought as beginning of case to prevent irreparable injury that will result before a preliminary injunction hearing can be had.
Requirements for ex parte TRO: specific facts showing immediate and irreparable injury, efforts to give notice (or why not required), and security (moving party must provide security to pay for any costs/damages incurred by the adverse party if he was wrongfully enjoined or restrained

Question 6

Preliminary injunction

Answer 6

Like TRO, intended to maintain status quo while trial is pending to prevent irreparable injury that can arise before full trial on merits can be held. Sought by a party prior to a trial on the merits of the complaint. may not be issued w/o formal notice to the adverse party.
Requirements: the P will suffer irreparable harm before the conclusion of the trial if the injunction is not granted, the harm to the P if the injunction is not granted outweighs the harm to the D if the injunction is granted, P shows he is likely to be successful on the merits, and the public interest favors granting the injunction.
If party seeking injunction has adequate remedy at law (like money damages) the injunction will be denied

Question 7

Service on foreign corp

Answer 7

Under rule 4, service on a foreign corp may be made in accordance w/ international treaty. if there is no treaty, service on a corp may be made: (i) in accordance w/ the foreign country’s laws, (ii) as the foreign authority directs in response to a latter request for guidance, (iii) by having the clerk mail process to the D, with a signed receipt requested, or (iv) by any other means not prohibited by international agreement as the court may order.