Civ Pro Flashcards
Diversity Jurisdiction
- 28 USC Sec. 1332
-The district court shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interests and costs, and is between (1) citizens of different states
(2) citizens of a state and citizens of a foreign state
Proper venue
Venue is proper in a judicial district in which
(1) any defendant resides, if all defendants reside in the same state in which the district is located
(2) a substantial part of the events or omission on which the claim is based occurred
(3) a substantial part of the property that is the subject of the action is located
Federal question jurisdiction
- 28 USC Sec. 1331
-The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States
Supplemental Jurisidiction
- Governed by 28 USC Sec. 1367
- When a federal court has original jurisdiction over one claim in a civil action, it may exercise supplemental jurisdiction over all other claims that are so related to that claim that they form part of the same case or controversy
Same case or controversy
Requires that the supplemental claim must arise from the common nucleus of operative fact as the freestanding claim
Subject-matter jurisdiction
Courts must have subject-matter jurisdiction over every claim in the case either through original or supplemental jurisdiction
Sec. 1367(c) factors that suggest that the court should decline jurisdiction
- Novel or complex issue of state law
- State law claim predominates
- Federal question claim dismissed
-Other reason
Erie doctrine re: federal courts in diversity cases
Federal courts sitting in diversity apply state substantive law and federal procedural law
Pleadings (kinds, what makes it adequate, applicability)
- Governed by Rule 8
- A pleading is adequate if it contains a short and plain statement of the claim showing that the pleader is entitled to relief
- Generally applies to any claim brought in federal court
Bulge Provision (applicability)
Only applicable to…
- 3rd party defendant who is joined under Rule 14
- Required party who is joined under Rule 19
What does the bulge provision do?
A federal court has personal jurisdiction over a party who is served within a U.S. judicial district and not more than 100 miles from where the summons is issued, even if state law would otherwise not permit such service
Motion for judgment on the pleadings pursuant to Rule 12(c) (what is required for the nonmoving party to overcome the motion)
The complaint must state enough facts to raise a reasonable expectation that discovery will reveal evidence of the necessary element
Timing jury trial demand
Jury trial demand must be served within 14 days after service of the last pleading directed to the issue that is sought to be tried by a jury
Timing of motion for relief from a judgment that is based on newly discovered evidence
Must be filed within a reasonable time and no later than one year from the entry of the judgment
Federal inadvertent-waiver rule
Disclosure of such communications or information does not waive the attorney-client privilege or work-product protection if…
- disclosure was made in federal proceeding or to federal agency
- disclosure was inadvertent
- privilege holder took reasonable steps to prevent disclosure and
- privilege holder promptly took reasonable steps to rectify the error
Timing of challenge to personal jurisdiction
- May be made in original answer
OR - in an amended answer made without the court’s permission within 21 days after the original answer was served
Compulsory joinder (FRCP 19)
Provided SMJ is preserved, a person must be joined in a lawsuit if their absence will
- prevent court from granting complete relief to existing parties
OR
- prejudice absent person’s interest
OR
- subject existing party to multiple or inconsistent obligations
Permissive joinder (FRCP 20)
Person may be joined in a lawsuit if…
- claims by or against person arise out of the same transaction or occurrence
AND
-common questions of fact OR law will arise
Aggregation of claims involving one P and one D
- Aggregation allowed and claim amounts will be added together
Aggregation of claims involving one P and multiple D’s
- Aggregation not allowed unless Ds are jointly liable
- AICs kept separate
Aggregation of claims involving multiple Ps and one D
- Aggregation not allowed unless Ps enforcing common or undivided interest (AICs kept separate)
FRCP 18
Allows a party to join as many claims as it has against an opposing party in a single lawsuit, even if the claims arise from different facts or occurrences
What is the applicable appellate standard of review for a district court’s discretionary decisions? (creation of jury instructions, injunctions, admissibility of evidence)
Abuse of discretion (high deference, reverse if decision was unreasonable/arbitrary)
What is the applicable appellate standard of review for legal issues (conclusions of law and the contents of jury instructions)
De novo (no deference, reverse if reasonable belief judge misinterpreted the law)
What is the applicable appellate standard of review for fact issues involved in a bench trial?
Clear error (high deference, reverse if no reasonable judge would have made the finding)
When does the two- dismissal rule apply?
- P voluntarily dismissed the first action in federal or state court without a court order
AND - voluntarily dismissed the second action based on the same claim in federal court by filing a notice of dismissal
What are the two ways a plaintiff may voluntarily dismiss a suit without a court order?
(1) By filing a stipulation of dismissal signed by all parties
(2) a notice of dismissal before D serves an answer or a summary judgment motion
Effect of the two-dismissal rule
Voluntary dismissal is with prejudice and operates as an adjudication on the merits
Two steps for securing a default judgment (FRCP 55)
(1) Court clerk enter a default on the record once it is shown that D failed to timely serve an answer
(2) Default judgment must be entered by the clerk or the court
Effect of a defendant’s appearance before a default judgment is entered
Defendant must be served with written notice of the plaintiff’s application for default judgment at least seven days before a hearing on the matter
How long does a defendant have to file an answer after a court denies a FRCP 12 motion challenging personal jurisdiction?
14 days
Requirements to obtain a TRO?
- specific facts in affadavit or verified complaint clearly showing immediate and irreparable injury, loss, or damage
- written certification by movant’s attorney of efforts to give notice and reasons why it should not be required
- security to pay costs and damages sustained by wrongfully restrained party (bond)
Forum non conveniens
- Common-law doctrine that was codified by Section 1404(a)
- allows a court to transfer an action if the court finds that the forum would be too inconvenient for parties and witnesses and that another more convenient venue is available
Factors to determine whether forum non conveniens applies
- availability of an alternative forum
- the law that will apply
- the location of the parties, witnesses, and evidence
Who bears the burden of convincing a court to invoke forum non conveniens
The Defendant bears the heavy burden
Is a TRO immediately appealable?
No.
What does the interlocutory appeals state?
Allow certain orders to be appealed before the entry of a final judgment
To which matters does the interlocutory appeal statute apply?
- Injunction, preliminary or not
- Certification by district court
- Class action certification
- appointment of receiver
- Admiralty case
- Collateral-order doctrine
- Bankruptcy cases
- Mandamus
- Patent infringement order
What happens when a TRO is extended beyond 14 days?
It becomes equivalent to a preliminary injunction for purposes of an appeal
Who may receive service of process? (FRCP 4)
- Personal delivery on defendant
- Delivery to defendant’s authorized agent
- Delivery to suitable resident at defendant’s dwelling
What are the two ways that a plaintiff may respond to a defendant’s answer?
- With an answer, ONLY if the defendant asserted a counterclaim
- With a reply, ONLY if the court orders it, which is rare
Three types of diverse citizenship:
(1) U.S. citizens domiciled in the U.S. v. Foreign citizens
(2) Case between U.S. citizens/ permanent residents domiciled in different states
(3) U.S. citizens domiciled in different states WITH foreign citizens as additional parties
Certification requirements for class actions
- Numerosity: class has so many members that joinder of all members is impractical
- Commonality: class shares common questions of law or fact
- Typicality: claims or defenses of named parties are typical of class
- Adequacy: named parties will fairly and adequately protect class’s interests
Federal courts cannot exercise diversity jurisdiction over the follow two types of cases –> state courts have exclusive jurisdiction over these types of cases
- Probate matters (authenticating will, administering estates)
- Domestic relations (issuing divorce, alimony, child custody decrees)
How to determine citizenship of unincorporated associations
They are citizens of every state where their members are domiciled
Forum defendant rule (home-court advantage rule)
Prohibits removal when
- subject-matter jurisdiction arises from diversity jurisdiction
AND
- the defendant is a citizen of the state in which the case is filed
5 Requirements for a complaint filed in federal court
- Caption with the court, title, and parties
- Short and plain statement of the court’s jurisdiction
- Short and plain statement of the claim showing that the plaintiff is entitled to relief
- Demand for relief
- Attorney’s or unrepresented plaintiff’s signature and contact information
Types of cases a court must abstain from hearing under the Younger abstention doctrine
- Bad faith prosecution
- Patently unconstitutional state law
- State consents
- Immediate and irreparable harm
Motion to dismiss re 12(b)(6)
Failure to state a claim upon which relief can be granted
In what fashion do courts consider a 12(b)(6) motion
- Court treats all well-pleaded facts as true
- Resolve all doubts and inferences in the plaintiff’s favor
- View the pleading in the light most favorable to the plaintiff
What may courts consider in ruling on a 12(b)(6) motion
Only
- allegations in the complaint
- exhibits attached to the complaint
- any matters subject to judicial notice
What happens if a matter outside the pleadings or an affadavit is presented to the court and is not excluded by the court in its review?
12(b)(6) motion must be treated as a motion for summary judgment under Rule 56 and all parties must be given an opportunity to present all material information for the court’s consideration
Two-step analysis for ruling on 12(b)(6) motion
- Court identifies and rejects conclusory statements
- Court assumes that well-pleaded factual allegations are true
Standard for summary judgment
Must be granted if there is no genuine dispute of any material fact and the movant is entitled to judgment as a matter of law
Necessary parties
- A person whose participation in the lawsuit is necessary for a just adjudication
A party who must be joined as long as they - subject to service of process
- won’t destroy SMJ or venue
