Civ Pro Flashcards

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1
Q

Subject Matter jurisdiction

A

two main types. 1. Federal Q and 2. diversity of citizenship

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2
Q

Diversity of Citizenship

A

amount in controversy of more than 75k and complete diversity of citizenship

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3
Q

how is 75k determined

A

by plaintiff’s good faith allegation in the complaint

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4
Q

complete diversity

A

no plaintiff may share state citizenship with any defendant

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5
Q

Corporation citizenship

A

corp is a citizen of every state in which its incorporated and PPB

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6
Q

Principal Place of Business

A

place from which corp’s high-level officers direct and control the corp’s activities

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7
Q

(diversity) domicile requirements

A
  1. party’s domicile by being physically present in state and 2) an intent to remain there permanently or indefinite period
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8
Q

Personal Jurisdiction

A
  1. must be authorized by state statute, 2 exercise must be constitutional
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9
Q

specific jurisdiction

A

jdx over D for the instant cause of action only.

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10
Q

general jdxn

A

activities so that D is “at home”

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11
Q

corp ‘at home’

A

D must be incorporated in the state or PPB in the state

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12
Q

Summary Judgment

A

must be granted if, from pleadings, affidavits, discover admissions, there is no genuine dispute of material fact and moving party is entitled to judgment as matter of law

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13
Q

Claim preclusion

A

must be valid, final judgment on merits; both parties must be the same (or in privity) and C/A must be the same (same transaction or occurrence)

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14
Q

Claim Preclusion - collateral estoppel

A

party whom collateral estoppel is asserted must have had a fair opportunity to be heard on the matter, and the posture of the case must be such that is would not be unfair or inadequate to apply C.E.

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