Civ Pro Flashcards
What is the Well Pleaded Complaint Rule in FQJ?
The well-pleaded complaint rule requires the plaintiff to allege sufficient facts to support SMJ based on a fed Question.
N.B
FQJ will NOT exist if the federal issue is contained solely in an anticipated defense, the d’s answer, or a counterclaim.
What is Supplemental Jurisdiction?
SJ allows a federal court to hear a claim that would fall outside of its original jurisdiction ( Diversity or FQJ) If the sup. claim arises out of the same common nucleus of operative fact as the claim with original jurisdiction.
When can a D remove a case into Fed Ct?
In FCP, A case may be removed on the defendant’s request from a state court to the federal district court If the case could have been originally brought in federal court.
*Timing to remove a case in federal court is 30 days after the Defendant receives the initial summons or pleading that sets forth the claim they seek to remove.
n.b
Only a defendant may remove a case, not the plaintiff and all defendants must agree to removal. If the D makes a permissive counterclaim in state court, there is no longer a right to removal.
A p may file a motion to have the case remanded to the state court.
Removal based on Diversity of Citizenship.
No more than 1 year after it was commenced in state Court.
If the basis is only diversity of citizenship AND any defendant is a citizen of the state in which the P filed the suit, the case may not be removed.
Subject Matter Jurisdiction
Venue
SMJ is the power of the court to hear the cause of action because of the issues presented.
Venue is the particular district or geographical area where a court with jurisdiction may hear a cause of action.
(Proper Location to bring the action)
Venue is proper in a judicial district in which any defendant resides IF all defendants are residents of the state in which the district is located.
Situations when Venue is Proper
1) In any district where Any defendants resides, If all defendants reside in the same state.
2.) In any district where “a substantial part of the events or omissions giving rise to the claim occurred or a substantial part of the property that is the subject of the action is situated Or
3.) Any district where any defendant may be subject to PJ
Remedies when venue is Improper
- The parties may agree to waive improper venue
- The court may transfer the case to any district where it could have been brought.
- The court may dismiss the case altogether
N.B
Improper venue is considered waived unless a timely objection is made.
Can SMJ be waived?
Improper smj cannot be waived.
Can a federal court hear a case pending in state court?
Yes, A fed court may hear a case that is currently pending in state court UNLESS the doctrine of abstention applies.
What is absention doctrine?
It is when a federal court chooses not to hear a case, even if all the formal jurisdiction requirements are met. The federal court relinquishes its Jur to state court, often used to avoid conflict between federal and state laws.
Two sources that limit the court’s power to exercise personal jurisdiction.
The power to exercise PJ is limited by
1.) State Specific Statute (Usually called Long arm statutes
2.) The Due Process Clause of the 14th Amendment to the U.S. Constitution
N.B
An exercise of personal Jurisdiction may not exceed the limitations of either source.
What are the Constitutional requirements for establishing PJ?
1.)Minimum contacts or a level of pj with that Jur: And
2.) Appropriate notice of the action and an opportunity to be heard.
N.B
Minimum contacts may be shown by purposeful availment, domicile, and property ownership in some circumstances.
Types of PJ
- In Rem
- In personam
- Quasi in Rem
What is PJ
The court’s power to hear a cause of action and enforce judgment against specific parties or property involved in the case.
What are the 3 traditional ways to establish PJ?
The d will be subject to PJ in a state IF the D
1. Is physically present in the state when served with process,
2. Is domiciled in the state
3. Consents to Jur there
Which three Scenarios that allow a court to order an involuntary dismissal agaianst a plantiff?
The P case will be involuntarily dismissed if they fail to:
1.) Prosecute
2.) Comply with FRCP
3.) Comply with a court order
N.B
Involuntary dismissal is with Prejudice.
Two way a P may voluntarily dismiss a case
1.) Without leave of court- A one-time voluntary dismissal IF the d has not answered or filed a motion for summary judgment or by stipulation of the parties. OR
2.) With Leave of the court: after the filing of an answer, motion, or previous dismissal, the p may seek a court order dismissing the action.
What is a default?
It is a notation entered against a defendant who fails to appear in court to defend or enter a plea when required to do so or otherwise fails to respond within 21 days of being served or 60 days if service is waived.
N.b
when a default is entered, the non-compliant party may not proceed with the case unless the default is set aside.
Type of verdict forms a jury may use in a civil case.
- General verdict
- Special verdict; OR
- general verdict with special interrogatories
N.b
A general verdict is when a jury finds for the P or D and gives the damages or relief due.
In a special verdict, the jury makes findings on all materials conclusions of the fact and the court applies the law based on those findings.
What is claim Preclusion?
Res judicata- it bars a party from relitigating the same claim or cause of action already litigated in a previous proceeding.
Requirements
1. Claim is between the same parties
2. Both claims arise out of the same transaction or occurrence.
3. The first judgment was final
4. The first Judgment was valid, meaning it was issued by a court with proper Jur; And
5. The final judgment was on its merits, meaning it was tried and determined that the P either had or had not proven their claim.
What is Issue Preclusion?
Collateral estoppel bars the relitigation of issues fully and fairly litigated between the parties that were essential to the judgment.
Requirements
1. Actually litigated in the form of a valid final determination on the merits
2. The issue was essential to the Judgment that was rendered.
3. Identical to the issue in the subsequent case: AND
4. The party against whom preclusion is asserted must have had a full and fair opportunity to litigate the issue in the first case.
Mutuality in issue preclusion:
Only parties to a prior litigation may assert issue preclusion.
Non-Mutual issue preclusion
The ability to exercise issue preclusion by a person who was not a party to the prior litigation.
Joinder
Multiple O against 1 D-
The claims have to arise out of the same transaction or occurrence.
and raise at least one common question.
Joinder must be allowed under SMJ
Necessary and indispensable parties
Three tests, Is absentee necessary
Impleader
An impleader claim is one where a defending party is bringing in a new party.
The party P bringing in the claim is called a third party.
Contention Interrogatories
These are interrogatories that inquire about legal contentions which are permitted.
Discovery .
Is the Identity of witnesses whose names are discoverable work product?
No
