CIV PRO Flashcards
What is Personal Jurisdiction (PJ)?
Federal Courts MUST have PJ over a party for judgement to be binding. Must comply with DPC.
What are the bases for Personal Jurisdiction?
1) Traditional Bases OR 2) Long-Arm Jurisdiction –> General and Specific.
What are the Traditional Bases for Personal Jurisdiction?
Jurisdiction based on 1) Domicile 2) presence in state 3) waiver 4) Consent.
What is Long-Arm Jurisdiction?
To have PJ over a NON-RESIDENT, State must have LONG ARM STATUTE + comply with DPC.
What are Minimal Contacts?
Minimal contacts can be either 1) GENERAL: contacts so substantial that D is essentially ‘at home’ in the forum state or 2) SPECIFIC: connection between forum state and underlying controversy arises from D’s contacts with state.
What is required for Fair Play & Substantial Justice?
PJ has to be fair and reasonable for D to be sued in forum state considering convenience of parties, FS’s interest, P’s interest, and burden on D.
What is Subject Matter Jurisdiction?
Power of the court to hear a certain type of case –> legal and substance.
What is Diversity Jurisdiction?
For there to be diversity of citizenship jurisdiction, there must be complete diversity of citizenship between the plaintiffs + the amount in controversy must exceed $75,000.
How is Citizenship determined for Diversity Purposes?
A person is domiciled where it is her permanent home, determined by residence + intent to make the state their permanent home.
What is Federal Question Jurisdiction?
FJ exists when the claim arises under federal law, the US Constitution or US treaty.
What is Supplemental Jurisdiction?
Sup.J allows a party to bring a state claim in Federal Court that does not meet the requirement for SMJ, provided the claim arises from a common nucleus of operative fact.
What are the limitations of Supplemental Jurisdiction?
Sup.J cannot be used to overcome lack in diversity or violate/destroy diversity and does not apply to claims by original P against 3rd P D.
What is Removal Jurisdiction?
D may remove an action from state court to federal court if fed court has SMJ, all D’s agree, no D is a resident of forum state, and removal is sought within 30 days of service.
What must a Complaint contain?
P must file a complaint with court to COMMENCE CASE and serve summons/complaint to GIVE D NOTICE within 90 days of filing.
What are the methods of Service?
Service may be made by anyone who is 18+ and not a party to case, must not violate DPC, and can include personal service, service to a suitable age person at D’s dwelling, or delivery to authorized agent.
What is proper Venue?
Venue is proper in the geographic district where 1) any defendant resides, 2) where a substantial part of claim occurred, 3) where substantial part of the property is located, or 4) where any D is subject to court’s personal jurisdiction.
What is Change of Venue?
If venue was proper when case was filed, court may transfer if needed for convenience of parties and witnesses or interest of justice.
What is a Forum Selection Clause?
Courts will enforce a forum selection clause in contract UNLESS special factors are present.
What is the Eerie Doctrine?
Eerie Doctrine applies when a federal court is brought under diversity of citizenship, requiring application of state substantive law and federal procedural law.
What is a Preliminary Injunction?
Preliminary Injunction maintains status quo pending outcome of action and must give NOTICE.
What is a Temporary Restraining Order (TRO)?
TRO is an emergency remedy used to maintain status quo pending outcome of PI and must allege immediate and irreparable injury.
What must a pleading contain for Claim for Relief?
A pleading must contain 1) grounds for court jurisdiction, 2) claim showing pleader is entitled to relief, and 3) demand for relief sought.
What are Pre-answer Motions?
D has 21 days to file appropriate response, must answer each allegation by denying, and state defenses to each claim.
What are Amendments?
Parties may amend as a matter of course within 21 days after service of pleading or pre-answer motion, or by permission of the court.
What is a Counterclaim?
COUNTERCLAIM is a claim against an opposing party arising from the same transaction or occurrence.
What is a Cross Claim?
CROSSCLAIM is a pleading stating a claim against a co-party arising from the same transaction or occurrence.
What is Rule 11?
Every pleading, written motion or other paper must be signed by an attorney or by a party if unrepresented, certifying good faith, good claim and good facts.
What is Permissive Joinder?
A party may bring other claims against a party even if unrelated, but at least one claim must satisfy SMJ.
What is Required Joinder?
A party MUST be joined if necessary, feasible, and absence would prejudice any other party.
What is 3rd Party Impleader?
D can assert 3rd party claim against a non-party ONLY IF the 3rd P is or may be liable to D for all or part of the claim against D.
What is a Class Action?
Class action is a suit where one of the parties is a group of people represented collectively by a member.
What is Discovery?
Party may obtain all non-privilege info relevant to any party’s claim or defense and proportionate to needs of case.
What are Rule 26 Initial Disclosures?
Mandatory initial disclosures made within 14 days of conference include identity of those likely to have discoverable information, tangible evidence, computation of damages, copies of insurance docs, and expert testimony.
What is Attorney Client Privilege?
Attorney Work Product Doctrine protects from disclosure materials prepared for anticipation of litigation unless showing substantial need.
What is a Motion to Dismiss?
Motion to Dismiss requires court to consider the facts in light most favorable to non-moving party and determine if there is any basis for relief.
What is a Motion for Summary Judgment?
A court will grant SJ motion only if there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.
What is a Motion for Judgment as a Matter of Law?
Judgment is granted if non-moving party has been fully heard on issue and court finds a reasonable jury would not have a legally sufficient basis to rule in favor of the non-moving party.
What is Default Judgment?
Defendant has 21 days to respond to complaint; if no response, can move for default judgment.
What is Claim Preclusion?
CLAIM/RES JUDICATA precludes a party from subsequently relitigating any claim that was or could have been made if parties are identical as prior case, a valid, final judgement on merits, and the same cause of action.
What can a court do if the amount of damages is specific and certain and the defendant has not appeared?
The court can enter a default judgment.
What happens if the amount of damages still needs to be determined or the defendant has appeared?
The defaulting party can be heard at the hearing for damages; the judge must hold a hearing and give notice.
What is claim preclusion?
It precludes a party from relitigating any claim that was or could have been made if: 1) parties are identical to the prior case, 2) there is a valid, final judgment on the merits, and 3) the same cause of action is involved.
What happens to a cause of action when a party wins in a claim preclusion scenario?
The cause of action is merged into the judgment, so the plaintiff cannot relitigate it again.
When is a judgment considered final?
A judgment is final when rendered.
What is issue preclusion?
It precludes a party from retrying an issue if there has been a final judgment on its merits.
What are the requirements for issue preclusion?
1) The party whom enforcement is sought had a full and fair opportunity to litigate the issue, 2) there is a valid and final judgment on the merits, 3) the issue is identical to the issue in the prior action, and 4) it was litigated, determined, and essential to the prior action.
Can issue preclusion be asserted against non-parties?
Yes, it can be asserted against non-parties.
What is the final judgment rule?
A federal appellate court can only hear an appeal from a final judgment on the merits that ended the litigation on the merits and left nothing for the court to do but execute judgment.
What is the time limit to appeal a final judgment?
You must appeal within 30 days of the final judgment.
What are the exceptions for immediate appeal?
1) Injunctions, 2) writs of mandamus for abuse of authority by the trial court, 3) class action certifications.
What is remittitur?
It is a request by the defendant to reduce the jury award of excessive damages; it must be filed within 28 days of the final judgment.
What happens if a remittitur request is denied?
The defendant can appeal if the request is denied.
When are punitive damages considered unconstitutional?
When the ratio is greater than 9-1.
What is additur?
It is a request by the plaintiff to increase the jury award of inadequate damages, which is never allowed in federal court.
What is voluntary dismissal?
It is a dismissal without prejudice; a party has the right to voluntarily dismiss once prior to the defendant answering.
What happens after a voluntary dismissal if it occurs after the defendant answers?
It will be an adjudication on the merits, which will bar any attempt to relitigate.
What is involuntary dismissal?
It is a dismissal with prejudice.
