Civ Pro Flashcards
Subject Matter Jurisdiction
Federal Question JX
Diversity JX
Federal Question JX
The complaint alleges a claim that arises under federal law. The federal question must be presented on the face of the plaintiff’s complaint.
Diversity JX
Complete Diveristy is present, the amount in controversy exceeds 75,000. A federal court does not have diversity jurisdiction for probate actions and domestic relation matters.
Complete Diversity
Every citizenship represented on the plaintiff’s side of the case must be different than EVERY citizenship represented on the defendant’s side of the case
Amount in Controversy
Good faith claim exceeds 75,000
- Claim for injunctive relief may be valued by the benefit to the plaintiff or cost of compliance for the defendant
-One plaintiff can aggregate all their claims against one defendant to meet the AIC requirement
- One plaintiff can aggregate all their claims against multiple defendants if the defendants are jointly liable
- Multiple plaintiffs generally must each meet AIC unless aggregating against one defendant in support of a common issue.
Citizenship
- Individuals = 1 domicile (physical presence + intent to remain)
- corporations = 2 domicile (state of incorporation + principal place of business, usually where headquartered)
- Unincorporated associations = citizens of every state of that the members are
- class actions = citizens of each representative/named party
Supplemental JX
Allows a federal court w/ valid SM JX to hear additional claims that they don’t have independent JX over if all claims constitute the same case or controversy which occurs when they arise out of a common nucleus of operative fact.
Supplemental JX Federal Question
Can hear pendent state law claim if it arises out of the same transaction or occurrence as the federal law claim
Supplemental JX Diversity Compulsory Counterclaim
Counterclaim that arises out of the same transaction or occurence as the original claim filed. A federal court sitting in DJX jas supplemental JX over a compulsory counterlcaim.
Supplemental JX Diversity Permissive Counterclaim
A counterclaim that does not arise out of the same transaction or occurrence as the original claim filed. Can only be heard if tt independently satisfies diversity JX
Supplemental JX Diversity Cross-Claims
Claim filed by one party against a party on the same side. A federal court has supplemental JX over the cross-claim if the cross-claim arises out of the same transaction or occurrence as the original claim.
Removal
Defendant can move case from state to federal court if the case could have originally been brought in federal court. Must be sought by the defendant, within 30 days of learning the grounds for removal w/ consent of all defendants.
Federal Question Removal
The defendant may remove the case to federal court if the well-pleaded complaint discloses that the claim is based on federal law
Diversity Case Removal
The defendant may remove the case if complete diversity is present, the amount in controversy exceeds 75,000, and the action is brought in a state in which no defendant is a citizen.
Personal JX
A court must have personal JX to adjudicate the rights and liabilities of a defendant. There is four traditional bases for establishing personal JX, domicile, physical presence, consent, or waiver. If these four are not met personal JX can be established by substantial participation on the merits before raising the objection. Additionally, long-arm statute
Personal JX - Domicile
Defendant is domicile in the forum state
Personal JX - Physical Presence
Service on the defendant while physically present in the forum state unless the defendant was only in the state to answer summons or brought by fraud or force
Personal JX - Consent
Out of state defendants may consent
Personal JX - Waiver
Lack of personal JX can be waived by the defendant
Long Arm Statute
Satisfies personal JX if minimum contacts exist between the defendant and the forum state
Minimum Contacts
General lor specific JX is present and the exercise of personal JX does not offend traditional notions of fair play and substantial justice. Courts weigh five factors to consider fairness
Minimum Contacts Fairness Factors
Convenience
The forum states interest in providing redress
Plaintiff’s interest in obtaining relief
Judicial efficiency
Shared interests of the state
General JX
Defendant’s contact w/ the forum state is so systematic and continuous that he is essentially at home in the forum state
Specific JX
A claim must arise out of the defendant’s specific contact w/ the forum state.
- purposeful availment
- knew or reasonably should have anticipated
Stream of commerce
- Places in a stream of commerce in the forum state; and
- commits other acts to show intent to serve the forum state
Scope of Discovery
Discovery is generally permitted with regard to any non-privileged matter relevant to any party’s claim or defense in the action. Information within the scope of discovery need not be admissible in evidence to be discoverable. Must show information is relevant to any party’s claim or defense. Party can’t discover documents and tangible things that are prepared in anticipation of litigation or for trial
Spoliation of evidence
Negligent or intentional destruction or significant alteration of evidence required for discovery. When litigation is reasonably anticipated, even if it has not yet been commenced, potential litigants in possession of potentially relevant evidence have a duty to preserve such evidence. Once a duty to preserve evidence is triggered, the party in possession of the evidence must take reasonable measures to preserve it.
