Civ Pro Flashcards
What is required for a court to have personal jdx over a defendant?
Rule Statement
- authorized by statute and
- constitutional under due process
- PJ can be specific or general.
What is General Jurisdiction?
General Jdx is when:
* forum
* has PJ over the D
* for all causes of action
What is Specific Jurisdiction?
Specific Jdx is when:
* forum
* has PJ over D
* for the instant cause of action
How can a Defendant be subject to a court’s general jurisdiction?
D subject to General Jdx when:
* express or implied consents
* physically present in forum state when served
* D is a citizen
How can a Defendant be subject to a court’s specific jurisdiction? And when is exercise constitutional?
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?
Three things required for court to hear case
- subject matter jdx;
- personal jdx;
- venue
D’s first response
If not asserted in the first response, these defenses are waived
- Lack of PJ;
- Improper process (documents);
- improper service of process;
- improper venue
Federal question jdx is present if
- plaintiff’s well-pleaded complaint sets forth a claim that arises under federal law
A defense/counterclaim relying on fed law = insufficient
A federal court can have SMJ through
and how is it checked
- 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
Determining an Individual’s Citizenship
and how do they get a new one?
Indv citizenship = their domicile
new domicile established = physical presence in a new place and intention to remain
Determining a Corporations Citizenship
every state where incorporated AND its one PPB
PPB = where high level officers direct and control corp’s *
Determining an Unincorporated Entity Citizenship
and LLC’s
any state in which its members are citizens
LLC’s too
Are the following Alienage JDX proper?
1. CA v. NY?
2. CA v. NV + UK?
3. UK v. France?
4. CA + UK v. France?
foreign citizen or subject who is not a U.S. citizen.
- Yes (Complete diversity).
- Yes (Diverse U.S. citizens + foreign citizen).
- No (Alien v. Alien not allowed).
- No (No complete diversity on one side).
Alienage Jdx? Who v. Who?
US Citizen v. foreign citizen
Citizenships in Class Actions
domiciles of named members
Amount in Controversey
Can plaintiff aggregate claims to meet AIC?
What can count toward AIC?
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)
To exercise Supplement JDX
and what are the restrictions
- 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
When can’t you remove a case?
- 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)
Proper Removal?
- 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.
What are P’s options after D files removal?
- P file motion for remand
- w/in 30 days if procedural error
- any time if court lacks SMJ
Claim perclusion (res judicata)
Is claim precluded?
- 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”
issue preclusion (collateral estoppel)
is issue precluded from being relitigated?
- 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”
What are the requirements for class certification?
- 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)
Discovery
What materials are generally discoverable?
- Any relevant materials to any party’s claim or defense that is not privileged
Motion for Summary Judgment (SJ)
standard / movant’s burden / non-movant’s response / courts view
- 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.
When must a court grant summary judgment?
- When there is no genuine dispute of material fact, and
- the movant is entitled to judgment as a matter of law.
How can a nonmoving party defeat a motion for SJ?
By providing evidence showing a genuine dispute of material fact.
Where is venue proper in federal court?
- Where any defendant resides (if all D’s reside in the same state), or
- where a substantial part of the events occurred.
Erie Doctrine
Erie Doctrine: what? how to apply?
What
- federal courts sitting in diversity jdx must apply state substantive law and federal procedural law
How to apply
1. is there a federal directive rule on point?
- Yes > apply federal law
- No > move to step 2
- Is the issue subtantive or procedural?
- substantive > apply state law
- procedural > apply federal law, unless it strongly affects outcomes - would ignoring state law encourage forum shopping or unfairness?
- Yes > apply state law
- No > apply federal law
Discovery WP
What work protect protects _____________
- materials prepared in anticipation of litigation
- unless there is substantial need and undue hardship.
When might a federal court abstain from hearing a case?
- state law constitutionality is at issue and awaiting state court resolution
Motions for new trial
standard of review
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
When is a counterclaim mandatory?
- When it arises out of the same transaction or occurrence as the plaintiff’s claim.
What is the test for specific jurisdiction?
- 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.
What is required for diversity jurisdiction?
- Complete diversity (no plaintiff can be from the same state as any defendant) and an amount in controversy exceeding $75,000.
How is a corporation’s citizenship determined?
- A corporation is a citizen of both its state of incorporation and its principal place of business.
Can plaintiffs aggregate their claims to meet the amount in controversy?
- 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.
What is the standard for supplemental jurisdiction?
- claim must arise from the same common nucleus of operative fact as the first claim brought
Can a plaintiff add a non-diverse defendant under supplemental jurisdiction?
- No, if the only basis for federal jurisdiction is diversity.
Where is venue proper in federal court?
- 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.
What is the difference between transfer to a proper venue and transfer for convenience?
- 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.
Can a defendant remove a case if they are sued in their home state under diversity jurisdiction?
No, removal is barred if any defendant is a citizen of the state where the lawsuit was filed.
What must a complaint include?
- A short and plain statement of the grounds for jurisdiction.
- A short and plain statement showing entitlement to relief.
- A demand for relief sought.
When can Rule 11 sanctions be imposed?
When an attorney or party submits
- a frivolous
- legally unwarranted
- or improper pleading to the court.
What is the ‘safe harbor’ rule under Rule 11?
- opposing party must be given 21 days to withdraw or correct the offending filing before sanctions can be sought.
What are the mandatory initial disclosures in discovery?
- Witnesses with discoverable information.
- Documents supporting claims or defenses.
- Computation of damages.
- Insurance agreements.
When can a motion for judgment as a matter of law (JMOL) be filed?
- After the opposing party rests its case but before the case is submitted to the jury.
What is a renewed JMOL?
A motion made after the jury verdict, arguing that no reasonable jury could have found otherwise.
What is the deadline to file a motion for a new trial?
28 days after judgment.
What types of orders are immediately appealable?
- Final judgments
- Interlocutory orders involving injunctions.
- Collateral orders (separate from the merits and effectively unreviewable later).
What is the standard of review for factual findings on appeal?
Clearly erroneous standard.
List of substantive rights for erie purposes
- statute of limitations
- element of claim or defense
- burden of proof
- damage rules
- choice of law rules (state law governs which law applies in conflicts)
- privileges
- standards for liability
List of procedural rules for erie purposes
- summary judgment
- service of process
- Jury trials v. Judge trials
- Rules of pleading (e.g., hightened pleading standards in fraud cases)
- Discovery rules
- class action certification
- timelines for motions
- state standards for granting new trials
Factors weighed when unsure if procedural or substantive (outcome determinitve balancing test) for erie purposes
- would ignoring state law encourage forum shopping
- would ignoring state law create unfairness between in state and out of state litigants
