Civ Pro

Question 1

Subject Matter Jurisdiction

Answer 1

Federal Question JX
Diversity JX

Question 2

Federal Question JX

Answer 2

The complaint alleges a claim that arises under federal law. The federal question must be presented on the face of the plaintiff’s complaint.

Question 3

Diversity JX

Answer 3

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.

Question 4

Complete Diversity

Answer 4

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

Question 5

Amount in Controversy

Answer 5

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.

Question 6

Citizenship

Answer 6

• 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

Question 7

Supplemental JX

Answer 7

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.

Question 8

Supplemental JX Federal Question

Answer 8

Can hear pendent state law claim if it arises out of the same transaction or occurrence as the federal law claim

Question 9

Supplemental JX Diversity Compulsory Counterclaim

Answer 9

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.

Question 10

Supplemental JX Diversity Permissive Counterclaim

Answer 10

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

Question 11

Supplemental JX Diversity Cross-Claims

Answer 11

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.

Question 12

Removal

Answer 12

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.

Question 13

Federal Question Removal

Answer 13

The defendant may remove the case to federal court if the well-pleaded complaint discloses that the claim is based on federal law

Question 14

Diversity Case Removal

Answer 14

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.

Question 15

Personal JX

Answer 15

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

Question 16

Personal JX - Domicile

Answer 16

Defendant is domicile in the forum state

Question 17

Personal JX - Physical Presence

Answer 17

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

Question 18

Personal JX - Consent

Answer 18

Out of state defendants may consent

Question 19

Personal JX - Waiver

Answer 19

Lack of personal JX can be waived by the defendant

Question 20

Long Arm Statute

Answer 20

Satisfies personal JX if minimum contacts exist between the defendant and the forum state

Question 21

Minimum Contacts

Answer 21

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

Question 22

Minimum Contacts Fairness Factors

Answer 22

Convenience
The forum states interest in providing redress
Plaintiff’s interest in obtaining relief
Judicial efficiency
Shared interests of the state

Question 23

General JX

Answer 23

Defendant’s contact w/ the forum state is so systematic and continuous that he is essentially at home in the forum state

Question 24

Specific JX

Answer 24

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

Question 25

Scope of Discovery

Answer 25

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

Question 26

Spoliation of evidence

Answer 26

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.