Civ Pro Flashcards
when is claim compulsory
same transaction or occurrence
how do you get personal jdx
General: resident ∆ or served in state
Specific: minimum contacts and evidence of purposeful availment. Must satisfy traditional notions of FairPlay and substantial justice
How do you get subject matter jdx
federal question
diversity
supplemental
when can you not do supplemental even if you have the same common nucleus of operative fact
diversity: destroys diversity
federal question: state claim substantially predominates or federal claims all dismissed
where can ∆ remove to
anywhere that π could have filed originally
but can’t remove if ∆ already has home state advantage
where is venue proper
I. all ∆s live in same state: any district where a ∆ resides
ii. where substantial part of events occurred
iii. if none of the above, anywhere with jdx over one ∆
what if venue was proper but there’s a better one
court can transfer
what if venue was improper
can transfer or dismiss
when does eerie occur
federal diversity or supplemental claim based on state law
rule for eerie
federal court must apply federal procedural and state substantive
test for if it is substantive
is it outcome determinative
some stuff that is always substantive
SOL, elements of claims or defenses, burden of proof
what conflict of law rules does federal court apply
the state it is in
requirements for class action
- numerosity
- commonality
- typicality
- adequacy
diversity rules for class action
- regular case: one diverse class rep and over 75k
- class action fairness act: at least 100 members, 5million, and any π is diverse from any ∆
how long do you have for service of process
90 days from complaint
methods of service
To ∆,
∆’s place of abode if left with person of suitable age and discretion,
or ∆’s agent
To corporation ∆, office is ok
how long does ∆ have to reply to complaint
21 days or 60 if waives service
what does TRO do
Preserves status quo until court can decide
Good for up to 14 days, then need consent or good cause
when can TRO be issued without notice to ∆
- Immediate and irreparable injury will result
- Movant’s attorney certifies that they tried to give notice
- And gives reason why notice shouldn’t be required
when is preliminary injunction issued
- Π is likely to succeed on the merits
- Π is likely to suffer irreparable harm without it
- Balance of equities is in π’s favor
- Injunction is in public interests
test for motion to dismiss
1) reject all legal conclusions, 2) treat all well pleaded facts as true and see if there’s a viable case
test for motion for judgment on pleadings
if nothing is in dispute
when can you amend
once as of right within 21 days but court should freely give leave
