Civ Pro Flashcards
For a defendant to have such minimum contacts with the forum that the exercise of personal jurisdiction over him would be fair and reasonable, the court must find:
purposeful availment
AND
reasonably foreseeable that activities would make him amenable to suit in the forum
When is venue properly based on the jurisdiction in which any defendant resides?
When all defendants are residents of the state in which the jurisdiction is located.
When must improper venue be raised?
When defendant files his motion or answer, whichever comes first.
If it is determined that an absentee’s interest in the subject matter of the litigation would be affected by a judicial determination of a case, the court has personal jurisdiction over the absentee, and joining him would not destroy jurisdiction or venue, he:
Must be joined as a party to the case.
Why might an otherwise-necessary party not be joined to a case?
if the court lacks personal jurisdiction over him, or his presence would destroy diversity or venue.
What should a court do if it cannot join an otherwise-necessary party due to lack of PJ or risk of destroying diversity/venue?
The court may proceed without joining the absentee as a party to the case if the court determines that it can shape relief so as to protect that interest.
Are ex parte TROs permitted?
Yes, if the moving party gives specific facts in an affidavit or in the verified complaint to establish that immediate and irreparable injury will result to the moving party before the adverse party can be heard in opposition.
Are ex parte preliminary injunctions permitted?
No.
SMJ standard and time limit
GDMF
Up until 30 days after discovery closes, unless court or local rules say otherwise
JNOV (renewed JMOL) standard + time limit
Verdict returned could not have been reached by reasonable persons.
28 days after judgment
JMOL standard + time limit
Evidence viewed in light most favorable to nonmoving leads reasonable person to find for movant
After nonmovant’s case but before submission to jury
Distinguish MSJ from JMOL
MSJ: no genuine dispute of fact
JMOL: even amidst disputed facts, only reasonable to find for movant
Impact of failure to move for renewed judgment as a matter of law or for a new trial
Party is precluded from raising the question of evidentiary sufficiency on appeal
If a national newspaper sells a small number of papers in a certain state, may it expect to be hailed into court there?
Yes: the publisher should reasonably anticipate causing injury wherever its newspapers are sold.
Does minimum contacts address a party’s statutory or constitutional ticket to court?
Constitutional
When an action is filed under the Federal Interpleader Statute, where is proper venue?
Anywhere any defendant resides.
Under the Federal Interpleader Statute, where may process be served?
Anywhere in the United States.
Notice requirement for in rem action
Persons known to have affected interests must be notified at least by mail.
What type of diversity is required for Rule 22 Interpleader?
Complete
Do federal courts have jurisdiction over claim between a citizen of a state and a foreign citizen granted permanent residence who resides in the same state?
No, jurisdiction is withdrawn.
Compulsory v. permissive counterclaim
Compulsory: arises out of same T/O and need not meet AIC
Permissive: does not arise out of same T/O and must meet AIC
If wishing to transfer a state court complaint to federal court on FQ grounds, how should a party proceed?
File notice of removal in federal court, then to the parties and the state court.
Filing the notice of removal effectively transfers to fed court and ends the state court’s jx.
Do state courts have concurrent jurisdiction over 1983 claims?
Yes
Over what claims do federal courts have exclusive jurisdiction?
bankruptcy, patent, copyright, antitrust
If a State A plaintiff files suit against a State B defendant in State B state court for more than $75,000, may State B defendant remove to federal court?
No. A defendant sued in his home state court may not remove to federal court for diversity. He already has home court advantage.
Federal Interpleader Act requirements
Simple diversity and $500 AIC
Defendants are diverse from plaintiff and each other
AIC is above $75k
Plaintiff files suit in one of defendants’ home state courts
May the other defendant remove to federal court?
No
In a class action brought under diversity jurisdiction, whose citizenship determines whether diversity is proper?
Only the citizenship of the named representatives.
Time limit for removal based on diversity
One year, unless plaintiff’s bad faith is shown.
Qualifications for permissive joinder
Parties may be joined as Ps or Ds when:
some class is made by each P against each D arising from the same T/O
AND
common question of law/fact
Can supplemental jurisdiction destroy diversity jurisdiction?
No
May a defendant assert a permissive counterclaim with no relation to the plaintiff’s claim/
Yes, so long as there is SMJ.
What is the time limitation on a federal court’s leeway to permit amendments by motion?
“freely given when justice so requires”
Limit on a plaintiff’s right to amend once as a matter of course
21 days from service of the answer
Who may move to strike any insufficient defense or any redundant, immaterial, impertinent or scandalous material from the pleadings?
Court or a party
If a defendant has appeared (or taken any formal action implying he intends to contest), even though he hasn’t answered, what must occur for default against him?
Plaintiff files request for default, and defendant receives at least seven days’ notice prior to default hearing.
Pleading standards:
- performance of conditions precedent
- denial of performance or occurrence
performance of conditions precedent: generally
denial of performance or occurrence: specifically and with particularity
Motion to amend judgment
- time period for filing
- may it be amended?
28 days from entry
no
When SMJ based on DoC, for SoL purposes, action is deemed commenced when:
complaint is filed or process is served, depending on the law of the state in which the federal court sits
Per the Class Action Fairness Act, who may remove to federal court?
Any defendant, even if she is a citizen of the forum state.
Does plaintiff need to reply to an affirmative defense in defendant’s answer?
No: plaintiff is deemed to have denied or avoided the allegation of the defense.
What law covers federal courts’ use of procedural remedies such as pretrial seizure, garnishment, attachment, replevin?
Always state law.
Does a shareholder derivative complaint need to include the number of members of the class?
No.
Diversity requirement for Federal Interpleader Act v. Rule 22
FIA: simple
Rule 22: complete
May a federal district court extend the time for filing a motion for new trial or an MSJ?
MSJ
When may a party move to strike parts of a pleading?
Before responding to that pleading, or within 21 days after service of pleading if no response is permitted.
Must crossclaims arise from the same T/O?
Are they compulsory?
Yes, though they are never compulsory.
What is the only compulsory claim in the universe?
Compulsory counterclaim.
