Civ Pro Flashcards
Subject Matter jurisdiction
two main types. 1. Federal Q and 2. diversity of citizenship
Diversity of Citizenship
amount in controversy of more than 75k and complete diversity of citizenship
how is 75k determined
by plaintiff’s good faith allegation in the complaint
complete diversity
no plaintiff may share state citizenship with any defendant
Corporation citizenship
corp is a citizen of every state in which its incorporated and PPB
Principal Place of Business
place from which corp’s high-level officers direct and control the corp’s activities
(diversity) domicile requirements
- party’s domicile by being physically present in state and 2) an intent to remain there permanently or indefinite period
Personal Jurisdiction
- must be authorized by state statute, 2 exercise must be constitutional
specific jurisdiction
jdx over D for the instant cause of action only.
general jdxn
activities so that D is “at home”
corp ‘at home’
D must be incorporated in the state or PPB in the state
Summary Judgment
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
Claim preclusion
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)
Claim Preclusion - collateral estoppel
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.
