Civ Pro Flashcards
Personal Jurisdiction
1) Must fall w/in a state statute
- long arm statute–nonresidents who perform or cause certain events w/in a state
2) Constitution
-Does D have min. contacts w/forum so JX does not offend traditional notions of fair play and substantial justice
Contact
Must be minimum contacts
1) Purposeful availment
-contact must result from D’s purposeful availment–a voluntary act
-D must reach out to forum and contact must result from targeting forum
-can be established by causing effect in forum w/out phys. presence (marketing, using roads, domicile, traveling, tortious email, website targeting customers in state)
2) foreseeability
-is it foreseeable D could be haled into court in forum
Relatedness
Does P’s claim arise out of or relate to D’s contact w/forum
Substituted Service
1) D’s usual place of abode
2) Suitable age and discretion
3) D must reside there
*agent service ok if w/in scope of agency (appointed by k)
Subject Matter JX
1) Fed Q
-well-pleaded complaint
-claim itself must arise under federal law
2)Diversity
-citizenship/domicile (individuals)
-physical presence and intent to remain indefinitely
-citizenship (business)
-any state incorporated
-PPB
Aggregation
Any single P may aggregate against a single D and claims may be unrelated
Equitable relief
-injunction
-specific performance
-rescission
-for amount in controversy purposes, look at value to P or cost to D and if greater than $75k
Removal JX
Requirements
-Fed SMJ necessary and state ct. jx not necessary
How
-D files notice of removal
-States grounds for removal (SMJ)
-Attaches docs served on her
D serves notice of removal on adverse parties and files a copy in state ct.
-w/in 30 days after service of first paper showing case is removable
-to federal district court embracing state court
Limits on removal
1) If any D is a citizen of forum state
2) More than 1 year after case filed in state court
Remand
-P moves to remand
-If based on reason other than lack of SMJ, must move w/in 30 days after filing notice of removal
-No SMJ=no time limit (SMJ never waived)
Supplemental JX
A) check for diversity or FQ for case already in court
-if based on diversity, no supplemental JX if claim is asserted by a P
B) If no diversity or FQ for supplemental claims
1) Common nucleus of operative fact (same T/O)
Limits on supplemental JX
Only applies to diversity cases
Exception to limit on supplemental JX
Multiple P and a claim by 1 does not meet amount in controversy
Erie Doctrine
1) Is there a federal law in conflict w/state law?
-If yes, apply federal law under Supremacy Clause
-FRCP ok if “arguably procedural”
2) Apply substantive state law
3) If no federal law on point and not one of five substantive issues
To determine if an issue is substantive (for Erie purposes)
-Outcome determinative test–would applying/ignoring state law affect the outcome–if yes, it is substantive, and apply state law
-balance of interest–interest in applying law (federal or state) (stronger interest applies)
-avoid forum shopping–apply state law if ignoring state law will cause parties to flock to federal court
Substantive law for Erie purposes
-conflict (choice) of law rules
-elements of claim/defense
-SOL
-Rules for tolling SOL
-Standard for new trial bc damages were excessive/inadequate
Venue statute
P may lay venue in any district where
1) All D reside
2) Substantial part of the claim arose or substantial property was involved
Residence for venue purposes
1) Human–fed dist. of domicile
2) Business–All dist. where subject to PJ
Public factors when considering transfer
-what law applies
-what community should be burdened w/jury service
-desire to keep a local controversy in a local court
Private factors when considering transfer
-convenience
Content of a complaint
a. statement of grounds of SMJ
b. short and plain statement of the claim showing that the P is entitled to relief
c. a demand for relief (damages, injunction, declaratory judgment)
d. sufficient facts to support a plausible claim
Special pleading requirements for certain cases
Fraud, mistake, and special damages must be pleaded w/particularity or specificity
Rule 12 Motions (Issues of form)
-12(e) motion for more definite statement when the complaint is so vague or ambiguous the D cannot respond (must be made before answering)
-12(f)- to strike asks the court to remove redundant or immaterial things from a pleading
Rule 12(b) waivable defenses
Waived if not put in the first Rule 12 response (motion or answer)
-Personal JX
-Improper venue
-Improper process
-Improper service of process