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Bar Exam mine > Civ Pro > Flashcards

Civ Pro Flashcards

1
Q

What is required for a court to have personal jdx over a defendant?

Rule Statement

A
  • authorized by statute and
  • constitutional under due process
  • PJ can be specific or general.
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2
Q

What is General Jurisdiction?

A

General Jdx is when:
* forum
* has PJ over the D
* for all causes of action

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3
Q

What is Specific Jurisdiction?

A

Specific Jdx is when:
* forum
* has PJ over D
* for the instant cause of action

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4
Q

How can a Defendant be subject to a court’s general jurisdiction?

A

D subject to General Jdx when:
* express or implied consents
* physically present in forum state when served
* D is a citizen

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5
Q

How can a Defendant be subject to a court’s specific jurisdiction? And when is exercise constitutional?

A

D subject to Specific jdx when:
* authorized by statute (usually long arm), and
* constitutional under due process.

Exercise is constitutional when:
* D has sufficient contacts with state by purposely availing himself to benefits of state and knew or reasonably anticipated being “haled into court”;
* the claim is related to the defendant’s contact w/ the forum
* exercising jdx over D would not offend “traditional notions of fair play and substantial justice”:

Factors as to whether it would be fair play:
* D be grossly disadvantaged?
* how strong is the P’s interest in this forum? Injured?
* State want citizens to be able to present in courtroom?

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6
Q

Three things required for court to hear case

A
  1. subject matter jdx;
  2. personal jdx;
  3. venue
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7
Q

D’s first response

If not asserted in the first response, these defenses are waived

A
  1. Lack of PJ;
  2. Improper process (documents);
  3. improper service of process;
  4. improper venue
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8
Q

Federal question jdx is present if

A
  • plaintiff’s well-pleaded complaint sets forth a claim that arises under federal law

A defense/counterclaim relying on fed law = insufficient

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9
Q

A federal court can have SMJ through

and how is it checked

A
  • a federal question or diversity of citizenship;
  • court has duty look into it sua sponte or by party motion.

next, go into rule for each one

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10
Q

Determining an Individual’s Citizenship

and how do they get a new one?

A

Indv citizenship = their domicile

new domicile established = physical presence in a new place and intention to remain

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11
Q

Determining a Corporations Citizenship

A

every state where incorporated AND its one PPB

PPB = where high level officers direct and control corp’s *

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12
Q

Determining an Unincorporated Entity Citizenship

and LLC’s

A

any state in which its members are citizens

LLC’s too

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13
Q

Are the following Alienage JDX proper?
1. CA v. NY?
2. CA v. NV + UK?
3. UK v. France?
4. CA + UK v. France?

A

foreign citizen or subject who is not a U.S. citizen.

  1. Yes (Complete diversity).
  2. Yes (Diverse U.S. citizens + foreign citizen).
  3. No (Alien v. Alien not allowed).
  4. No (No complete diversity on one side).
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14
Q

Alienage Jdx? Who v. Who?

A

US Citizen v. foreign citizen

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15
Q

Citizenships in Class Actions

A

domiciles of named members

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16
Q

Amount in Controversey

Can plaintiff aggregate claims to meet AIC?
What can count toward AIC?

A

P1 v D1: P may add up all claims (even unrelated)

AIC = DOES include attys fees and costs that are recoverable by statute or as part of claim (NOT interests or costs from counterclaim)

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17
Q

To exercise Supplement JDX

and what are the restrictions

A
  • arise from the same nucleus of operative fact
  • as the original claim that invoked SMJ

court always has discretion to decline even if req met

Restrictions: P cannot get have supp jurisdiction over their state law cause of action if against a non-diverse party

ALWAYS do IRAC for SMJ of original claim first/same transaction or occurence test satisfies the common nucleus test

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18
Q

When can’t you remove a case?

A
  • any D is a citizen of the forum where the case was originally filed (in-state D rule); or
  • D trying to remove more than one year after filing, unless P acted in bad faith to prevent removal (one-year rule)
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19
Q

Proper Removal?

A
  • could have been originally filed in federal court
  • D must remove w/in 30 days of being served the document which puts him on notice of removalability
  • All D’s must agree
  • Removed to court where state court situated

*If the defendant waits more than 30 days after being served with the complaint or a removable document, the case cannot be removed.

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20
Q

What are P’s options after D files removal?

A
  • P file motion for remand
  • w/in 30 days if procedural error
  • any time if court lacks SMJ
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21
Q

Claim perclusion (res judicata)

Is claim precluded?

A
  • valid final judgment on the merits;
  • same parties (or in privity);
  • same cause of action (same transaction/occurrence).

Effect: Prevents re-litigation of same claim.

Call might say: “Give preclusive effect”

22
Q

issue preclusion (collateral estoppel)

is issue precluded from being relitigated?

A
  • same issue actually litigated;
  • final judgment on that issue;
  • party had fair opportunity to be heard;
  • would not be unfair to apply.

Call might say: “Give preclusive effect” or “precluded from bringing”

23
Q

What are the requirements for class certification?

A
  • a large enough class (numerosity)
  • shared question of law or fact (commonality)
  • named plaintiffs claims must be typical of average class memeber (typicality)
  • ability to fairly represent the class (adequacy of representation)
  • identifiable class members (ascertainable)
24
Q

Discovery

What materials are generally discoverable?

A
  • Any relevant materials to any party’s claim or defense that is not privileged
25
Q

Motion for Summary Judgment (SJ)

standard / movant’s burden / non-movant’s response / courts view

A
  • No genuine dispute of material fact, and
  • movant entitled to judgment as a matter of law.
  • Movant’s Burden: Show basis with pleadings, affidavits, discovery materials.
  • Non-Movant’s Response: Provide evidence showing genuine dispute exists.
  • Court’s View: Facts viewed in light most favorable to non-movant.
26
Q

When must a court grant summary judgment?

A
  • When there is no genuine dispute of material fact, and
  • the movant is entitled to judgment as a matter of law.
27
Q

How can a nonmoving party defeat a motion for SJ?

A

By providing evidence showing a genuine dispute of material fact.

28
Q

Where is venue proper in federal court?

A
  • Where any defendant resides (if all D’s reside in the same state), or
  • where a substantial part of the events occurred.
29
Q

Erie Doctrine

Erie Doctrine

A
  • Substantive Law: Apply state law in diversity cases (elements of claims/defenses, statute of limitations, etc.)
  • Procedural Law: Apply federal procedural law
  • Federal Directive on Point: Apply federal directive if valid and on point
30
Q

Discovery WP

What work protect protects _____________

A
  • materials prepared in anticipation of litigation
  • unless there is substantial need and undue hardship.
31
Q

When might a federal court abstain from hearing a case?

A
  • state law constitutionality is at issue and awaiting state court resolution
32
Q

Motions for new trial

standard of review

A

Motion granted if
- verdict is against great weight of evidence
- but judge can’t replace jury’s decision.

Grounds
* error in admission of evidence
* jury instructions
* excessive/inadequate damages
* juror misconduct

33
Q

When is a counterclaim mandatory?

A
  • When it arises out of the same transaction or occurrence as the plaintiff’s claim.
34
Q

What is the test for specific jurisdiction?

A
  • claim must be related to the defendant’s sufficient contacts with the forum state (purpose avail and haled into court) and
  • exercising jurisdiction must be consistent with traditional notions of fair play and substantial justice.
35
Q

What is required for diversity jurisdiction?

A
  • Complete diversity (no plaintiff can be from the same state as any defendant) and an amount in controversy exceeding $75,000.
36
Q

How is a corporation’s citizenship determined?

A
  • A corporation is a citizen of both its state of incorporation and its principal place of business.
37
Q

Can plaintiffs aggregate their claims to meet the amount in controversy?

A
  • Yes, if a single plaintiff has multiple claims against one defendant.
  • No, if multiple plaintiffs each have separate claims below $75,000, unless they have a common, undivided interest.
38
Q

What is the standard for supplemental jurisdiction?

A
  • claim must arise from the same common nucleus of operative fact as the first claim brought
39
Q

Can a plaintiff add a non-diverse defendant under supplemental jurisdiction?

A
  • No, if the only basis for federal jurisdiction is diversity.
40
Q

Where is venue proper in federal court?

A
  • Where any defendant resides (if all defendants reside in the same state).
  • Where a substantial part of the events occurred
  • If neither applies, where any defendant is subject to personal jurisdiction.
41
Q

What is the difference between transfer to a proper venue and transfer for convenience?

A
  • Transfer to proper venue: When the original venue is improper, the transferee court applies its own law.
  • Transfer for convenience: The transferee court applies the law of the transferor court.
42
Q

Can a defendant remove a case if they are sued in their home state under diversity jurisdiction?

A

No, removal is barred if any defendant is a citizen of the state where the lawsuit was filed.

43
Q

What must a complaint include?

A
  • A short and plain statement of the grounds for jurisdiction.
  • A short and plain statement showing entitlement to relief.
  • A demand for relief sought.
44
Q

When can Rule 11 sanctions be imposed?

A

When an attorney or party submits
- a frivolous
- legally unwarranted
- or improper pleading to the court.

45
Q

What is the ‘safe harbor’ rule under Rule 11?

A
  • opposing party must be given 21 days to withdraw or correct the offending filing before sanctions can be sought.
46
Q

What are the mandatory initial disclosures in discovery?

A
  • Witnesses with discoverable information.
  • Documents supporting claims or defenses.
  • Computation of damages.
  • Insurance agreements.
47
Q

When can a motion for judgment as a matter of law (JMOL) be filed?

A
  • After the opposing party rests its case but before the case is submitted to the jury.
48
Q

What is a renewed JMOL?

A

A motion made after the jury verdict, arguing that no reasonable jury could have found otherwise.

49
Q

What is the deadline to file a motion for a new trial?

A

28 days after judgment.

50
Q

What types of orders are immediately appealable?

A
  • Final judgments
  • Interlocutory orders involving injunctions.
  • Collateral orders (separate from the merits and effectively unreviewable later).
51
Q

What is the standard of review for factual findings on appeal?

A

Clearly erroneous standard.

Bar Exam mine (9 decks)

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