Civ Pro Flashcards
What type of jurisdiction do courts need to hear a case?
Courts need both Subject Matter Jurisdiction (SMJ) and Personal Jurisdiction to determine a case.
Explain SMJ.
Court’s ability to hear cases and may arise under Federal Question Jurisdiction or Diversity Jurisdiction.
What is Federal Question Jurisdiction?
FQ jurisdiction exists when a civil action arises under Federal law, including US constitution, statutes, or treatises. Must be brought in the complaint, NOT as a defense, anticipated defense, counterclaim, etc. (Well-pleaded complaint Rule)
What is diversity jurisdiction?
Diversity Jurisdiction exists when the parties are citizens of different states and the amount in controversy exceeds $75,000.
Explain supplemental jurisdiction.
Court may have jurisdiction over additional claims if the additional claim relates to a claim that already qualifies under FQ or diversity jurisdiction.
Explain Removal
Defendant may remove a civil action from state court to federal court if SMJ is met.
Explain Remand
Plaintiff may seek to remand the case back to state court for lack of SMJ or other reason.
How does a court have personal jurisdiction over a party?
A Court may have Personal Jurisdiction over a party through (1) service while present in the jurisdiction, (2) domicile in the jurisdiction, (3) consent to the jurisdiction, or (4) a long-arm statute.
Explain long-arm statutes.
Long-arm statutes authorize PJ over nonresidents who engage in some activity within the state. When determining PJ under this statute, look for minimum contacts and fairness.
When may a new party be added to the lawsuit?
A new party may be added to a lawsuit if the claim arose out of the same transaction, the new party received notice of the action within 90 days of original complaint, new party knew or should have known the action would have been brought against it but for a mistake.
Explain Compulsory Joinder.
Compulsory joinder requires a party to be joined if the party is (1) necessary, (2) there is PJ over the new party, and (3) there is SMJ over the party (it does not destroy it for all).
What is Claim Preclusion?
Claim preclusion (res judicata) requires (1) same plaintiff and defendant from first lawsuit, (2) first lawsuit ended in final judgment, and (3) claimant is asserting the same claim as in first lawsuit.
What is Issue Preclusion?
Issue Preclusion (collateral estoppel) has four requirements: (1) same issue was actually litigated, (2) final judgment on merits, (3) issue was essential to the judgment, and (4) party against whom the issue is to be precluded must have been a party to the original action
