Civ Pro Flashcards
MEE: If the issue is specific jurisdiction, what specifically do you need to write down?
“State courts of general jurisdiction may exercise personal jurisdiction over nonresident defendants to the extent authorized by both the state’s long-arm statute and the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution.” Then state: “The Due Process Clause of the Fourteenth Amendment permits states to assert personal jurisdiction over nonresident defendants who have established minimum contacts with the state such that the exercise of personal jurisdiction would not offend traditional notions of fair play and substantial justice.” Look for “purposeful availmenr of the benefits and protections of the state. Then, examine the quality of the contacts with the state.
MEE: If the MEE fact pattern discusses a case that takes place in a federal court, how do you start your essay?
“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.”
What is subject matter jurisdiction?
Subject-matter jurisdiction {SMJ) is the power of a court to hear a certain type of case. Federal courts are courts of limited jurisdiction-that is, they can only hear certain types of cases.
What’s the purpose and goal of civ pro?
Does this court have the authority to hear and decide the case before it?
What three things
personal, subject, and venue
When are two claims considered related for purposes of supplemental jurisdiction?
When the claims arise out of a common nucleus of operative fact
What are the four requirements for a class action?
(i) The class must be so numerous that joinder of all members is impracticable (numerosity);
(ii) There must be questions of law or fact that are common to the class (commonality);
(iii) The claims or defenses of the representatives must be typical of the class (typicality); and
(iv) The representatives must fairly and adequately protect the interests of the class (adequacy).
What is the due process requirement for in personam jurisdiction?
Due process requirements are satisfied if the nonresident defendant has sufficient minimum contacts with the forum state such that the maintenance of the action does not offend traditional notions of fair play and substantial justice.
Generally, where is venue proper?
(i) A judicial district in which any defendant resides, if all defendants reside in the same state in which the district is located; or
(ii) A judicial district in which a “substantial part of the events or omissions” on which the claim is based occurred, or where a “substantial part of the property” that is the subject of the action is located.
Under the Erie Doctrine, what law governs in a diversity action?
In a diversity action, the district court is required to apply the substantive law of the state in which the district court is located, if there is no federal law on point. The district court will apply federal procedural law, even if a state rule or statute is in conflict.
What are the requirements for a plaintiff seeking a preliminary injunction?
A plaintiff seeking a preliminary injunction must establish that:
(i) He is likely to succeed on the merits;
(ii) He is likely to suffer irreparable harm in the absence of relief;
(iii) The balance of equities is in his favor; and
(iv) The injunction is in the best interest of the public.
What are the required elements for a complaint?
Under Rule 8(a), a complaint must include:
(i) A short and plain statement of the grounds that establish the court’s subject matter jurisdiction;
(ii) A short and plain statement of the claim establishing entitlement to relief; and
(iii) A demand for judgment for the relief sought by the pleader.
What is federal question jurisdiction?
Under 28 U.S.C. 1331, the district courts have original jurisdiction over all actions arising under the Constitution, laws, or treaties of the United States.
When can a party amend a pleading?
Under Rule 15(a), a party may amend a pleading:
(i) Once as of right within 21 days if no responsive pleading is required; or
(ii) If a responsive pleading is required, within 21 days of service of the responsive pleading or within 21 days of being served with a motion under Rule 12(b), whichever is earlier.
Additionally, the court should freely give leave to amend a pleading when justice so requires.
When may a plaintiff join as a permissive joinder?
Pursuant to Rule 20(a)(1), a person may join in one action as plaintiff if:
(i) They assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and
(ii) Any question of law or fact common to all plaintiffs will arise in the action.
Note: The same circumstances apply to permissive joinder of defendants under Rule 20.
Under Rule 20 permissive joinder, does the plaintiff to be joined have to meet the requirements of federal subject matter jurisdiction?
Rule 20 (Permissive Joinder of Parties): Under the Federal Rules of Civil Procedure, Rule 20 allows multiple parties to join together in one lawsuit if:
- Same Transaction or Occurrence: Their claims arise out of the same transaction, occurrence, or series of transactions or occurrences.
- Common Questions: There is a common question of law or fact to all parties involved.
If multiple plaintiffs join together under Rule 20, then supplemental jurisdiction can exist for a claim that does not meet the statutory jurisdictional amount, provided the parties still meet the requirements of complete diversity.
When must an objection to improper venue be raised?
An objection to improper venue must be raised in a pre-answer motion to dismiss under Rule 12(b)(3) or in the first responsive pleading, if a motion under Rule 12(b)(3) is not filed.
What are the five bases for in personam jurisdiction?
(1) Voluntary Presence
(2) Domicile
(3) Consent
(4) Long-arm statutes
(5) Attachment
What is a compulsory counterclaim?
A pleading is required to state as a counterclaim any claim that, at the time of service, the pleader has against an opposing party if:
(i) The claim arises out of the same transaction or occurrence that is the subject matter of the opposing party’s claim; and
(ii) The claim does not require adding another party over whom the court cannot acquire jurisdiction.
Note: A party who fails to assert a compulsory counterclaim waives the right to sue on the claim and is generally precluded from ever suing on the claim in federal court.
What are the three types of class actions?
(1) Risk of Prejudice: The class is maintainable if the prosecution of separate actions would create the risk that the class opponent would become subject to incompatible standards of conduct resulting from inconsistent adjudications, or if prosecution of the claims through separate actions would impair the interests of the class members.
(2) Final Equitable Relief: A class seeking final injunctive or declaratory relief may be certified if the class shares a general claim against the opposing party.
(3) Common Legal or Factual Questions: A class can be certified if questions of law or fact that are common to the class members predominate over any questions affecting only individual members, and a class action is the superior method for bringing about a fair and efficient adjudication of the controversy.
When a class action is brought under a common legal or factual question, what seven pieces of information must be stated in the notice provided to the members?
(i) The nature of the action;
(ii) The definition of the class;
(iii) The class claims, issues, or defenses;
(iv) That a class member may enter an appearance through an attorney if the member so desires;
(v) That the court will exclude from the class any member who requests exclusion;
(vi) The time and manner for requesting exclusion; and
(vii) The binding effect of a class judgment on members.
What are the three types of mandatory disclosures?
Rule 26(a) requires the parties to make:
(i) Initial disclosures;
(ii) Disclosures of expert testimony 90 days before trial; and
(iii) Pretrial disclosures 30 days before trial.