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Rule Statements for MEE > Civ Pro > Flashcards

Civ Pro Flashcards

1
Q

Diversity Jurisdiction

A
  • 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

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2
Q

Proper venue

A

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

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3
Q

Federal question jurisdiction

A
  • 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

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4
Q

Supplemental Jurisidiction

A
  • 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
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5
Q

Same case or controversy

A

Requires that the supplemental claim must arise from the common nucleus of operative fact as the freestanding claim

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6
Q

Subject-matter jurisdiction

A

Courts must have subject-matter jurisdiction over every claim in the case either through original or supplemental jurisdiction

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7
Q

Sec. 1367(c) factors that suggest that the court should decline jurisdiction

A
  • Novel or complex issue of state law
  • State law claim predominates
  • Federal question claim dismissed
    -Other reason
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8
Q

Erie doctrine re: federal courts in diversity cases

A

Federal courts sitting in diversity apply state substantive law and federal procedural law

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9
Q

Pleadings (kinds, what makes it adequate, applicability)

A
  • 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
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10
Q

Bulge Provision (applicability)

A

Only applicable to…
- 3rd party defendant who is joined under Rule 14
- Required party who is joined under Rule 19

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11
Q

What does the bulge provision do?

A

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

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12
Q

Motion for judgment on the pleadings pursuant to Rule 12(c) (what is required for the nonmoving party to overcome the motion)

A

The complaint must state enough facts to raise a reasonable expectation that discovery will reveal evidence of the necessary element

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13
Q

Timing jury trial demand

A

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

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14
Q

Timing of motion for relief from a judgment that is based on newly discovered evidence

A

Must be filed within a reasonable time and no later than one year from the entry of the judgment

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15
Q

Federal inadvertent-waiver rule

A

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

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16
Q

Timing of challenge to personal jurisdiction

A
  • 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
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17
Q

Compulsory joinder (FRCP 19)

A

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

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18
Q

Permissive joinder (FRCP 20)

A

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

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19
Q

Aggregation of claims involving one P and one D

A
  • Aggregation allowed and claim amounts will be added together
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20
Q

Aggregation of claims involving one P and multiple D’s

A
  • Aggregation not allowed unless Ds are jointly liable
  • AICs kept separate
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21
Q

Aggregation of claims involving multiple Ps and one D

A
  • Aggregation not allowed unless Ps enforcing common or undivided interest (AICs kept separate)
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22
Q

FRCP 18

A

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

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23
Q

What is the applicable appellate standard of review for a district court’s discretionary decisions? (creation of jury instructions, injunctions, admissibility of evidence)

A

Abuse of discretion (high deference, reverse if decision was unreasonable/arbitrary)

24
Q

What is the applicable appellate standard of review for legal issues (conclusions of law and the contents of jury instructions)

A

De novo (no deference, reverse if reasonable belief judge misinterpreted the law)

25
Q

What is the applicable appellate standard of review for fact issues involved in a bench trial?

A

Clear error (high deference, reverse if no reasonable judge would have made the finding)

26
Q

When does the two- dismissal rule apply?

A
  • 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
27
Q

What are the two ways a plaintiff may voluntarily dismiss a suit without a court order?

A

(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

28
Q

Effect of the two-dismissal rule

A

Voluntary dismissal is with prejudice and operates as an adjudication on the merits

29
Q

Two steps for securing a default judgment (FRCP 55)

A

(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

30
Q

Effect of a defendant’s appearance before a default judgment is entered

A

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

31
Q

How long does a defendant have to file an answer after a court denies a FRCP 12 motion challenging personal jurisdiction?

A

14 days

32
Q

Requirements to obtain a TRO?

A
  • 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)
33
Q

Forum non conveniens

A
  • 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
34
Q

Factors to determine whether forum non conveniens applies

A
  • availability of an alternative forum
  • the law that will apply
  • the location of the parties, witnesses, and evidence
35
Q

Who bears the burden of convincing a court to invoke forum non conveniens

A

The Defendant bears the heavy burden

36
Q

Is a TRO immediately appealable?

A

No.

37
Q

What does the interlocutory appeals state?

A

Allow certain orders to be appealed before the entry of a final judgment

38
Q

To which matters does the interlocutory appeal statute apply?

A
  • 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
39
Q

What happens when a TRO is extended beyond 14 days?

A

It becomes equivalent to a preliminary injunction for purposes of an appeal

40
Q

Who may receive service of process? (FRCP 4)

A
  • Personal delivery on defendant
  • Delivery to defendant’s authorized agent
  • Delivery to suitable resident at defendant’s dwelling
41
Q

What are the two ways that a plaintiff may respond to a defendant’s answer?

A
  • With an answer, ONLY if the defendant asserted a counterclaim
  • With a reply, ONLY if the court orders it, which is rare
42
Q

Three types of diverse citizenship:

A

(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

43
Q

Certification requirements for class actions

A
  • 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
44
Q

Federal courts cannot exercise diversity jurisdiction over the follow two types of cases –> state courts have exclusive jurisdiction over these types of cases

A
  • Probate matters (authenticating will, administering estates)
  • Domestic relations (issuing divorce, alimony, child custody decrees)
45
Q

How to determine citizenship of unincorporated associations

A

They are citizens of every state where their members are domiciled

46
Q

Forum defendant rule (home-court advantage rule)

A

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

47
Q

5 Requirements for a complaint filed in federal court

A
  • 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
48
Q

Types of cases a court must abstain from hearing under the Younger abstention doctrine

A
  • Bad faith prosecution
  • Patently unconstitutional state law
  • State consents
  • Immediate and irreparable harm
49
Q

Motion to dismiss re 12(b)(6)

A

Failure to state a claim upon which relief can be granted

50
Q

In what fashion do courts consider a 12(b)(6) motion

A
  • 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
51
Q

What may courts consider in ruling on a 12(b)(6) motion

A

Only
- allegations in the complaint
- exhibits attached to the complaint
- any matters subject to judicial notice

52
Q

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?

A

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

53
Q

Two-step analysis for ruling on 12(b)(6) motion

A
  • Court identifies and rejects conclusory statements
  • Court assumes that well-pleaded factual allegations are true
54
Q

Standard for summary judgment

A

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

55
Q

Necessary parties

A
  • 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
56
Q
A

Rule Statements for MEE (12 decks)

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