Civ Pro Flashcards
Service: How can service on a foreign corporation be made?
Under Rule 4, service on a foreign corporation may be made in accordance with international treaty. If there is no treaty, service on a corporation may be made: (i) in accordance with the foreign country’s laws; (ii) as the foreign authority directs in response to a letter request for guidance; (iii) by having the clerk mail process to the defendant, with a signed receipt requested; or (iv) by any other means not prohibited by international agreement as the court may order.
Service: What is a requirement for a method of service under Federal Rule 4 and the United States Constitution?
Federal Rule 4 specifically requires that the method of service ordered by the court be reasonably calculated to provide defendant with notice of the action (even without such a provision, that would be a requirement under the United States Constitution.
Conflict of Laws: Which conflict of laws rules must a federal district court in a diversity case apply?
The federal district court in a diversity case must apply the conflict of laws rules of the state in which it sits.
SMJ: What are the two types of federal subject matter jurisdiction?
(1) federal question jurisdiction and (2) diversity of citizenship jurisdiction
SMJ: What does federal question (FQ) jurisdiction require?
For there to be federal question jurisdiction, the plaintiff’s claim itself must arise under federal law. Ask: is the plaintiff enforcing a federal right?
SMJ: What does diversity of citizenship jurisdiction require?
Diversity of citizenship jurisdiction requires an amount in controversy of more than $75,000 and complete diversity of citizenship. The plaintiff’s good faith allegation in the complaint determines the amount in controversy.
SMJ: What does complete diversity in diversity of citizenship jurisdiction mean?
Complete diversity means that no plaintiff may share state citizenship with any defendant.
SMJ: Where is a corporation a citizen for diversity purposes?
A corporation is a citizen of (1) every state in which it is incorporated AND (2) the one state in which it has its principal place of business.
The corporation’s principal place of business is the place from which the corporation’s high-level officers direct and control the corporation’s activities.
SMJ: where is an individual a citizen for diversity purposes?
For diversity purposes, an individual is a citizen of the state in which she is domiciled.
A party’s domicile is or may be changed in the state where they are (i) physically present coupled with (ii) the intent to remain there permanently or for an indefinite period.
PJ: Explain personal jurisdiction (how would you begin essay addressing PJ)
Whether there is PJ is a two-step analysis, which is the same analysis in both federal and state court. First, the exercise of personal jurisdiction must be authorized by state statute. Second, the exercise of personal jurisdiction must be constitutional.
PJ: What questions do we ask for the constitutional analysis under PJ and what factors do we assess?
Does the defendant have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice? To answer this question we assess a set of factors under the headings of contact, relatedness, and fairness.
PJ: What constitutes “minimum contacts” for purposes of PJ?
The two factors to be assessed here are purposeful availment and foreseeability.
PJ: What constitutes relatedness for purposes of personal jurisdiction?
Once we conclude that there is arguably relevant contact, we move to relatedness and ask: Does Plaintiff’s claim arise from or relate to Defendant’s contact with the forum?
If the cause of action arises from or relates to the defendant’s contact with the forum, specific jurisdiction is possible.
PJ: What does specific jurisdiction mean?
Specific jurisdiction means personal jurisdiction over the defendant for the instant cause of action only.
PJ: What is general jurisdiction and how does it follow from specific jurisdiction?
General jurisdiction is personal jurisdiction over the defendant for all causes of action. If the cause of action does not arise from or relate to the defendant’s contacts with the forum, there must be general jurisdiction. To subject a defendant to general jurisdiction in a forum state, the defendant must be “at home” there.
PJ: Where is a defendant “at home” for purposes of general jurisdiction?
For a corporation, (1) the state in which it is incorporated and (2) the state in which it has its principal place of business.
For individuals, where they are domiciled.
Adjudication Without Trial: What is the standard for Summary Judgment (FRCP 56)?
Summary judgment must be granted if, from the pleadings, affidavits, and discovery materials, it appears that (i) there is no genuine dispute of material fact and (2) the moving party is entitled to judgment as a matter of law.
Response: If the moving party submits an affidavit in support of the motion for summary judgment, the nonmoving party must counter that affidavit with his own evidence from affidavits, discovery, etc. on the matter.
Claim/Issue Preclusion: When does claim preclusion apply?
For claim preclusion to apply, (i) there must have been a valid, final judgment on the merits, (ii) both parties must be the same (or be in privity with a party in the prior suit), and (iii) the new action must involve the same cause of action (i.e. must arise out of the same transaction or occurrence).
Claim/Issue Preclusion: When does issue preclusion apply?
For issue preclusion to apply (i) the issues in both actions must be the same, (ii) there must have been a final judgment as to that issue, (iii) the party against whom collateral estoppel is asserted must have had a fair opportunity to be heard on the matter, and (iv) the posture of the case must be such that it would not be unfair or inequitable to apply collateral estoppel.
Claim/Issue Preclusion: Do judgments by settlement have preclusive effect?
Judgments by settlement DO NOT have issue preclusive effect because settlements typically do not contain admissions and do not involve an actual judgment on the issue.
Motions at and After Trial: What is the timing of and the prerequisites for a Renewed Motion for Judgment as a Matter of Law (RJMOL)?
The RJMOL must be made within 28 days after entry of judgment. The party must have moved for a JMOL at the proper time at trial–failure to do so waives a RJMOL. Further, the RJMOL motion must be based upon the same grounds as the JMOL motion.
Motions at and After Trial: What is the standard for granting a motion for JMOL or a renewed motion for JMOL?
To grant a motion for JMOL or a RJMOL, the court must find that a reasonable jury would not have a legally sufficient basis to find for the party on the issue. The court must view the evidence in a light most favorable to the nonmoving party and without considering the credibility of witnesses.
Motions at and After Trial: When may a new trial be granted and what is the timing for the motion?
A new trial may be granted because of some serious error that occurred during the trial (Examples: the judge gave an erroneous jury instruction; new evidence was discovered that could not have been discovered before with due diligence; misconduct was committed by a juror, party, or a lawyer, etc.; the judgment is against weight of the evidence (serious error of judgment); and damages are inadequate or excessive.) A party must move for a new trial within 28 days of the judgment.
