Civ Pro Flashcards
PJ analysis
- statutory req - long arms statute
- constitutional req - does D have certain minimum contacts such that PJ does not offend traditional notions of fair play and substantial justice?
domiciled = general jdx
not domiciled = contacts (purposeful availment and foreseeability), relatedness, and fairness (D’s burden, P’s and state interest)
Notice
DP req - must be reasonably calculated to appraise the parties of the action
Must be served within 90 days of filing
Erie doctrine
The fed court will apply the state substantive law and fed procedure for diversity cases
- if not sure if substantive, apply the outcome determinative test
Transfer of venue
Transfer from proper venue: the court will consider both public and private factors to assess which court is the center of gravity
- public - which law applies, which community should be burdened by jury duty, etc
- private - convenience
If transferred, the court will apply the law of the state of original proper venue
transfer from improper venue: court may dismiss or transfer in the interest of justice.
If transferred, the court will apply its own law
forum selection clauses - enforceable under fed law, the court will consider public factors for transfer
forum non conveniens
when another court is the center of gravity but transfer is not possible bc its in another judicial system
relation back amendments
An amended pleading relates back if
(1) the pleading concerns the same conduct, transaction, or occurrence.
to change D, P must also show that
(2) D has knowledge of the case within the 90 d of service so that they will avoid prejudice, and
(3) that D knew or should have known that but for a mistake, they would have been named in the og complaint
Joinder of multiple parties
Must (1) arise from the same T/O, and (2) raise at least one common question of law or fact
Necessary and indispensable parties
(1) is the absentee necessary? will absentee’s interest be harmed if she is not joined, or will the court fail to award complete relief without the absentee party?
(2) if yes, can the absentee be joined? is there PJ and SMJ over the absentee?
if the absentee cannot be joined, the court will proceed or dismiss the entire case
impleader
D may bring in a new party to shift liability from D to third party D
interpleader
Permits P to require 2+ adverse claimants to litigate amongst themselves to determine which, if any, has a valid claim
statutory interpleader req only diversity between contending claimants and $500 at issue
intervention
Used by non parties to bring themselves into the claim
- As of right - their interest may be harmed and they are not adequately represented by the current parties
- permissive intervention of the absentee’s claim or defense have at least one common question of law or fact
Class actions requires
Think CANT
- Commonality - common issue
- Adequate representation of the class
- Numerosity - too many for practicable joinder
- Typicality - class reps are typical
types of class actions
Type 1 - prejudice - class treatment necessary to avoid harm
Type 2 - injunctive or declaratory relief
Type 3 - common Q -
(1) common Q must predominate, and
(2) the class action is a superior method to handle disputes
preliminary injunctions
P must show
(1) P will likely suffer irreparable harm if not issued,
(2) P is likely to win on the merits, and
(3) the balance of hardships favors P,
(4) the injunction is in the public interest
Interlocutory appeals act
Allows appeals of non final orders if
(1) the district court certifies the question
(2) there is substantial ground for different opinion on the Q
(3) the court of appeals agrees to hear it
