Civ Pro

Question 1

General PJ

Answer 1

jurisdiction over all causes of actions, obtained by consent, presence, or domicile. There must be systematic and continous contacts with the forum that the defendant is essentially at home.

Question 2

If the MEE fact pattern discusses a case that takes place in a federal court, start your essay as follows:

Answer 2

“Federal district courts may exercise personal jurisdiction to the same extent as the courts of general
jurisdiction of the state in which the district court sits.”

Question 3

PJ

Answer 3

State courts of general jurisdiction may exercise personal jurisdiction over nonresident defendants to the extent authorized by both

1. the state’s long-arm statute and
2. the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution.

Question 4

Constutional Requirement

Answer 4

1. minimum contacts with the state (foreseeability and “purposeful availment” of the benefits and protections of the state)
2. Relatedness
3. Fairness: such that the exercise of personal jurisdiction would not offend traditional notions of fair play and substantial justice.”

Question 5

Subject Matter Jurisdiction

Answer 5

The power of the court to hear a certain type of case.

Question 6

Federal Question Jurisdiction

Answer 6

• exists when the claim arises under the US const, a federal statute or treatise.
• The question must appear on the face of the plaintiffs well pleaded complaint.]
• It cannot appear in the answer. Further, the plaintiff cannot merely anticipate a federal defense in its complaint.

Question 7

Diversity Jurisdiction

Answer 7

1. Cases may be brought under diversity jurisdiction only if two requirements are met: there must be complete diversity of citizenship between the plaintiffs and defendants, and
2. the amount in controversy must be over $75,000.00

Note: class actions only need minimal diversity not complete.

Question 8

Domicile

Answer 8

• Person is domiciled → “where it is her permanent home, a place where the person intends to remain indefinitely, and the place to which the person intends to return when temporarily absent.”
• Corporation is domiciled → both where it is incorporated and where its principal place of business is located.

Note: look to see where the party is domiciled at the time the lawsuit is filed.

Question 9

Supplemental Jurisdiction

Answer 9

This is an issue when there is a jurisdictional basis for one claim but not the other (e.g., a plaintiff brings a federal question claim and tacks on a related state claim).

• Remember that a plaintiff cannot use supplemental jurisdiction to add a claim against a nondiverse party if the sole basis for SMJ is diversity.

Question 10

Removal under 1441

Answer 10

• Defendants (but not plaintiffs) may remove an action from state court to the federal court that geographically embraces it if the plaintiff could have initially brought the case in federal court.
• • Generally, if the plaintiff could not have brought the case in federal court, then thedefendant cannot remove it either.

Question 11

Venue is Proper in a district where:

Answer 11

1. any defendant resides if all defendants reside in the same state,
2. in a district where a substantial part of the events or omissions giving rise to the claim occurred, or
3. a substantial part of property that is subject to the action is situated

Question 12

A corporate defendant is deemed to reside in:

Answer 12

any judicial district in which it is subject to personal jurisdiction at the time the action is commenced. To figure out where a corporate defendant resides, divide the state into districts (if it has more than one district) and see if the defendant would be subject to personal jurisdiction in any of those districts.

Question 13

Transfer to more appropriate forum

Answer 13

the federal court has authority to transfer a case to another federal district for the convenience of the parties and witnesses and in the interest of justice.

• The new forum must have subject-matter jurisdiction and personal jurisdiction.
• The court will apply the law of the transferor forum.
• A motion to transfer to a moreappropriate forum should be denied if the case could not have been filed there to begin with.

Question 14

Transfer to proper venue:

Answer 14

where a case is filed in the wrong venue, and, if transferred,the law of the transferee court would apply.

Question 15

Summary Judgment

Answer 15

Federal Rule of Civil Procedure 56(a) allows a summary judgment motion to be granted only if there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law.”

Note: “a motion for summary judgment may be supported by depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions, interrogatory answers, or other materials.”

Question 16

Burden under Summary Judgment

Answer 16

The moving party must produce evidence to show there is no genuine issue of material fact.

• The burden then shifts to the nonmoving party, which must then produce evidence to show that there is a genuine issue of material fact for trial. The motion is looked at in the light most favorable to the nonmoving party.

Question 17

TRO

Answer 17

A TRO can be issued without notice to the adverse party (but only in limited circumstances and for a limited time).

Question 18

To secure a TRO without notice, the plaintiff needs to show:

Answer 18

a risk of “immediate and irreparable injury.”

• TROs are considered to be stopgap measures and last until the court decides whether to grant a preliminary injunction.

Question 19

The TRO last:

Answer 19

lasts only long enough for the court to consider and resolve a request, but not longer than 14 days (unless the court extends it for good cause or the adverse party consents to an extension).

Question 20

Preliminary Injunctions

Answer 20

preliminary injunction is equitable relief with the objective of preserving the status quo. If it is granted, the matter must be tried within six months unless the parties stipulate or good cause is shown. The court must give notice to the adverse party.

Question 21

Four Factors to consider under a Preliminary Injunction

Answer 21

(mnemonic=HELP):

1. harm: the significance of the threat of irreparable harm to the plaintiff if theinjunction is not granted,
2. evaluation of injuries: the balance between this harm and the injury that granting the injunction would inflict on the defendant,
3. likelihood of prevailing: the probability that the plaintiff will succeed on the merits, and
4. the public interest,

Question 22

Work Product Doctrine

Answer 22

Work product is any material prepared in anticipation of litigation. (If it is not prepared in anticipation of litigation, it is not work product!)

Question 23

Written statements given by witnesses might be discoverable even if they are considered work product if

Answer 23

the other party can show:

1. substantial need and
2. undue hardship.

However, an attorney’s mental impressions are never discoverable

Question 24

Final Judgment Rule

Answer 24

final judgments are generally appealable and nonfinal judgments are generally not appealable.

Question 25

Exceptions to the Final Judgment Rule

Answer 25

1. when there are final orders in cases involving multiple claims and multiple parties and some are still pending—the other parties may be able to appeal their orders;
2. orders involving injunctions, garnishments,
3. other temporary remedies;
4. interlocutory orders by leave; and
5. orders constituting a final judgment on collateral matters.

Question 26

Issue Preclusion

Answer 26

issues that were actually litigated and decided and essential to the judgment in a previous case cannot be litigated again.

Elements:

1. same issue
2. final valid judgment on the merits
3. actually litigate
4. essential to the judgment
5. party whom its used against had there day in court.

Question 27

Claim preclusion:

Answer 27

a claim that has been litigated to a final judgment on the merits cannot be relitigatedby the parties (or their privies).

Elements:

1. same claim
2. same parties in same configuration (or party in privity)
3. final valid judgment on the merits