Civ Pro

Question 1

A Does an agency relationship exist?

Answer 1

Subject Matter Jurisdiction

Question 2

A Types of SMJ

Subject Matter Jurisdiction

Answer 2

Question 3

A Diversity of Citizenship Jurisdiction

Answer 3

Para montarse en el caballo llamado Devircy Diversity of Citizenship Jurisdiction tienen que ser 2 ciudadanos de dos estados distintos ( Complete diversity
of citizenship) peleando por una bolsa de mas de 75K
La ciudadanía se determina, en el caso de las personas, 1) por el estado en donde esta parada la casita donde vive y 2) por donde intenta vivir en el futuro. Las personas tiene una sola residencia
Las Corporaciones por 1) En el Estado donde se incorporaron y 2) Donde esta el “centro nervioso”. Tienen dos domicilios los marditos
Las compañías que no estan incorporadas como Desorden Publico ellos son Ciudadanos de los lugares donde sus miembros viven (P Ej, Caplis en Vista Alegre, Danell en los Palos Grandes)

Question 4

A Supplemental Jurisdiction

Answer 4

Question 5

A. When does Large Class Action Diversity Jurisdiction exist?

Answer 5

When:

1. The amount in controversy exceeds $5 million;
2. There are at least 100 class members; AND
3. Minimal diversity is present – if any member of the plaintiff class is a citizen of a State different from any defendant.

Question 6

What are the limits on Large Class Action Diversity Jurisdiction?

Answer 6

Limitations:

The court MAY decline to exercise jurisdiction when non-diverse members are greater than 1/3 and less than 2/3 of the total class.
The court MUST decline to exercise jurisdiction when non-diverse members are greater than 2/3 of the total class.
Priority: Low

Question 7

A Federal Question Jurisdiction

Answer 7

Question 8

A SMJ Exception

Answer 8

Question 9

A Removal

Answer 9

Question 10

B Personal Jurisdiction

Answer 10

Does the court have power (PJ) over the parties?

Question 11

B Personal Jurisdiction Categories

Answer 11

Question 12

B Traditional Jurisdiction Bases

Answer 12

*Long-arm analysis requires: (1) the defendant have sufficient minimum contacts with the forum state; (2) so as not to offend traditional notions of fair play and substantial justice. BOTH prongs must be satisfied.

Question 13

B Long Arm Jurisdiction

Answer 13

Long-arm analysis requires:

D has sufficient Minimum Contacts with the forum state – either:
General Jurisdiction – contacts so substantial that D is essentially at home in the state; OR
Specific Jurisdiction – a connection between the forum state and underlying controversy.
Not offend traditional notions of Fair Play and Substantial Justice – it must be fair and reasonable for D to be sued in the forum state.
BOTH prongs must be satisfied

Priority: HIGH

Question 14

B 100-Mile of Courthouse Rule

Answer 14

Question 15

C. Service of Process & Notice

Answer 15

Was a party properly served?

Question 16

C Timing

Answer 16

Question 17

C Process Server

Answer 17

Question 18

C Method of Service

Answer 18

Question 19

D. Venue

Answer 19

Is venue (district where case was filed) proper? Should venue be transferred?

Question 20

D Proper Venue

Answer 20

Question 21

D Transfer of Venue

Answer 21

Question 22

If the Summons and Complaint is NOT served upon the defendant within 90 days of filing, what must a court do?

Answer 22

Either:

Dismiss the action without prejudice against the defendant; OR
Order that service be made within a specified time.
*Service may be made by any person who is at least 18 years old and not a party to the action.

Priority: HIGH

Question 23

E Law Applied
by Federal Courts

Answer 23

What substantive & procedural law applies to the case?

Question 24

E State Law in Federal Court

Answer 24

Question 25

E Substantive and Procedural Examples

Answer 25

Question 26

E What law is applied under the Erie Doctrine in federal court?

Answer 26

The court will apply its own federal procedural laws, but MUST apply state substantive law. (A federal court sitting in diversity MUST apply the forum state’s choice of law rules to determine the applicable state substantive law in the action) Priority: HIGH

Question 27

What MUST the court do if venue was improper when the case was filed?

Answer 27

The court MUST either: Dismiss the case; OR Transfer the case to a proper court if the interests of justice require it. *Following a transfer, the law applied is that of the new transferee court. Priority: HIGH

Question 28

F Pretrial Procedures / Pleadings

Answer 28

Was a claim sufficiently alleged? Was the response proper & did it raise defenses? Is an amendment allowed & does it relate back?

Question 29

F CLAIM FOR RELIEF

Answer 29

Question 30

F AMENDED PLEADINGS

Answer 30

Question 31

F Relation Back Doctrine

Answer 31

Question 32

F RESPONSIVE PLEADING

Answer 32

Question 33

F Counterclaims

Answer 33

Question 34

F Cross Claim

Answer 34

Question 35

Same Transaction or Occurrence Factors

Answer 35

Question 36

G Rule 11

Answer 36

Did a party comply with Rule 11? If not, are sanctions appropriate?

Question 37

G Rule 11 Requirements

Answer 37

Question 38

G Rule 11 Sanctions

Answer 38

Question 39

H Joinder of Parties & Claims

Answer 39

May other parties be added to the case? May other claims be added to the case?

Question 40

Joinder of Parties & Claims Graph

Answer 40

Question 41

E Law Applied Q: Question A lumberjack properly brought a single-count complaint alleging medical malpractice against a doctor in the federal district court of State A based on diversity jurisdiction. The jury found for the lumberjack and + Shortute federal district court of State A based or awarded him $2.5 million in damages. Federal law permits a judge to set aside a jury's verdict and order a new trial if the jury's award is so high that it "shocks the conscience." State A's tort reform statute authorizes a judge to order a new trial only upon a finding of "excessive damages." May the federal district court order a new trial?

Answer 41