Civ Pro Flashcards
What happens if a party fails to join certain defenses or objections in a Rule 12(b) motion?
The party may not later raise those objections and defenses.
How can service upon a corporation be effected under FRCP?
1) Following state law for serving a summons; 2) Delivering a copy of the summons and complaint to an officer or agent.
What must a defendant affirmatively state when filing an answer in federal district court?
Any avoidance or affirmative defense, including the statute of limitations.
What is the consequence of failing to plead an affirmative defense as required by FRCP 8(c)?
It results in the waiver of that defense and its exclusion from the case.
What must the movant show to be granted summary judgment?
There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
What can the nonmoving party do to avoid summary judgment?
Respond with admissible evidence of specific facts showing a genuine issue for trial.
What are the four ways to add parties in a lawsuit?
- Required joinder
- Permissive joinder
- Intervention
- Impleader
What is required for compulsory joinder under FRCP 19(a)(1)?
A person is a required party if their absence prevents complete relief among existing parties.
What must a court determine if joinder of a required party is not feasible?
Whether the action should proceed among the existing parties or be dismissed.
Under what conditions can persons be joined as defendants in one action under FRCP 20(a)(2)?
1) Right to relief is asserted against them jointly or severally; 2) Common question of law or fact.
What is the purpose of impleader under FRCP 14(a)?
Allows a defendant to bring a third-party complaint against a nonparty who may be liable for all or part of the claim.
What does the compulsory counterclaim rule require in federal courts?
A defendant must include any claim against the plaintiff that arises out of the same transaction or occurrence.
What is collateral estoppel?
A doctrine that precludes re-litigation of factual issues that were conclusively established in a prior case.
What must a party establish to assert collateral estoppel?
- Previous determination was necessary to the decision
- Identical issue was previously litigated
- Issue was actually decided
- Party was adequately represented
What is spoliation of evidence?
Destruction or alteration of evidence that is relevant to litigation.
What does Rule 11 of the FRCP require regarding pleadings and motions?
Must be signed by an attorney or party, certifying they are not for an improper purpose.
What must happen before seeking sanctions under Rule 11?
The opposing party must be given 21 days to withdraw or correct the challenged pleading.
What types of sanctions can be imposed under Rule 11?
- Monetary
- Nonmonetary
What does the 100-mile bulge rule establish?
Personal jurisdiction over a defendant served within 100 miles of where the summons was issued.
What must be met for a federal court to exercise personal jurisdiction over a defendant?
Sufficient minimum contacts with the forum state.
What are the two types of minimum contacts?
- General jurisdiction
- Specific jurisdiction
What is required for general jurisdiction?
Contacts must be systematic and continuous, rendering the defendant essentially at home in the forum state.
What is required for jurisdiction over a non-resident?
An applicable long-arm statute must exist.
A long-arm statute allows a court to reach beyond its state boundaries to exercise jurisdiction over non-residents.
What are the two types of minimum contacts?
- General Jurisdiction (GJ)
- Specific Jurisdiction
Minimum contacts determine the extent to which a court can exercise jurisdiction over a defendant.
What does General Jurisdiction (GJ) require?
Contacts must be ‘systematic and continuous’ or ‘constant and pervasive’ to render the defendant ‘essentially at home’ in the forum state.
The Supreme Court has limited the ‘essentially at home’ standard to domicile.
What is the Relatedness Rule in General Jurisdiction?
The cause of action does not need to be related to contacts with the forum.
This applies when General Jurisdiction is established.
What are the requirements for Specific Jurisdiction?
- Defendant purposefully availed itself to the forum
- It is reasonably foreseeable that the defendant would be haled into court in the forum
- The claim arises out of the defendant’s contacts with the forum
Specific jurisdiction focuses on the relationship between the defendant and the forum state.
What must be considered for fairness in exercising personal jurisdiction?
Traditional notions of fair play and substantial justice must not be offended.
The defendant must provide a compelling case for fairness to outweigh minimum contacts.
What are the two types of Subject Matter Jurisdiction (SMJ)?
- Federal Question Jurisdiction
- Diversity Jurisdiction
SMJ determines the court’s authority to hear a case based on the nature of the claims.
What does Federal Question Jurisdiction cover?
Claims that arise under the U.S. Constitution, federal law, or treaty.
This type of jurisdiction allows federal courts to hear cases involving federal statutes.
What are the requirements for Diversity Jurisdiction?
- Complete diversity
- Amount in controversy exceeds $75,000
Diversity jurisdiction prevents state bias in cases involving parties from different states.
How is individual domicile determined for diversity purposes?
By the domicile at the time of the lawsuit, which continues until changed.
A person can change domicile by moving to a new jurisdiction with the intent to remain indefinitely.
What is dual citizenship for corporations in diversity jurisdiction?
Corporations are citizens of the state where they are incorporated and the state of their principal place of business (PPOB).
PPOB is where corporate officers direct and control activities, often its headquarters.
How is citizenship determined for LLCs in diversity jurisdiction?
An LLC’s citizenship is the same as the citizenship of each of its members.
This means that the citizenship of all members is considered for diversity purposes.
What are the requirements for federal courts to exercise diversity jurisdiction over class actions?
- Amount in controversy exceeds $5,000,000
- Any member of a class of plaintiffs is a citizen of a state different from any defendant
This is known as minimal diversity.
What is the sua sponte determination regarding subject matter jurisdiction?
Federal courts must inquire into their own subject matter jurisdiction even if neither party raises the issue.
A court must dismiss an action if it lacks subject matter jurisdiction.
What are the steps for removal from state to federal court?
- File a notice of removal in federal district court
- Must be within 30 days of receipt of initial pleading
- Include a statement of the basis for federal jurisdiction
- Serve notice to all adverse parties
- File a copy with the state court
Removal is automatic once the state court receives the notice.
What does Supplemental Jurisdiction allow?
Federal courts may hear additional claims that form part of the same case or controversy under Article III.
Claims must derive from a common nucleus of operative fact.
What is a cross-claim under FRCP Rule 13(g)?
A defendant’s answer may state a cross-claim against a co-defendant that arises out of the same transaction or occurrence.
This allows for related claims to be litigated together.
What factors do federal courts consider for ‘same transaction or occurrence’?
- Issues of fact and law are essentially the same
- Same evidence supports or refutes both claims
- Logical relationship between claims
- Res judicata considerations
These factors help determine if claims are sufficiently related.
What did Erie Railroad Co. v. Tompkins establish?
Federal courts in diversity must look to state law for substantive rules of decision.
Federal law governs procedural matters even if it affects litigation outcomes.
What did the Court conclude in Shady Grove regarding class actions?
Class actions can be maintained in federal court despite state law if authorized by Rule 23.
Rule 23 is a procedural rule under the Rules Enabling Act.
What is the Final Judgment Rule in federal courts?
Parties may appeal only from final judgments that end litigation on the merits.
A final judgment leaves nothing for the court to do but execute the judgment.
What is the Collateral Order Doctrine?
Allows immediate appeal from an interlocutory order that conclusively determines an important issue independent of the merits.
This doctrine ensures that significant issues can be appealed promptly.
What is Pendent Appellate Jurisdiction?
Allows appellate courts to review non-final orders if they are ‘inextricably intertwined’ with an appealable order.
This ensures meaningful review of related rulings.
