Civ Pro

Question 1

Subject Matter Jurisdiction:

Answer 1

a federal court can only hear cases where it has subject matter jurisdiction, because it is a court of limited jurisdiction.

A federal court has subject matter jurisdiction if: 1) the is a federal question, 2) there is diversity of citizenship.

Subject matter jurisdiction is never waived.

Each independent claim must have jurisdiction. If the two primary forms above do not suffice, the court may have jurisdiction under its supplemental jurisdiction to hear similar cases arising from the same common nucleus of operative fact as those it has original jurisdiction over.

Question 2

Federal Question Subject Matter Jurisdiction:

Answer 2

federal question jurisdiction exists if a well-pleaded complaint alleges a claim that arises under 1) federal law, 2) the U.S. Constitution, or 3) U.S. treaties.

Plaintiff must enforce a federal right on the face of the complaint.

Question 3

Diversity Subject Matter Jurisdiction:

Answer 3

exists when 1) there is complete diversity of citizenship between all plaintiffs and defendants; AND 2) the amount in controversy exceeds $75,000 to a legal certainty. Diversity jurisdiction is determined at the time the action is commenced.

Question 4

Removal to Federal Court:

Answer 4

Defendant may remove a case to a federal court sitting in the state when the claim was filed if: 1) the federal court has subject matter jurisdiction, 2) all defendants agree, 3) no defendants reside in the forum state (for diversity), and 4) removal is sought within 30 days of service or the complaint.

Question 5

Personal Jurisdiction:

Answer 5

The court must have personal jurisdiction over a defendant for its judgment to be binding. Personal jurisdiction requires satisfaction of 1) state long arm statutes, and 2) constitutional due process.

1. CA long arm statute: consistent with U.S. constitution
2. Due Process Requirements: defendant must satisfy 1) sufficient minimum contacts with the forum state, 2) so as not to offend traditional notions of fair play and substantial justice.
   
   1. Minimum contacts: general or specific jurisdiction.
      
      1. General jurisdiction: contacts so substantial that defendant is essentially at home in the state.
      2. Specific jurisdiction: Suit arises out of defendant’s contacts with the forum state. Must be a connection between the forum state and underlying connection, constituting 1) purposeful availment and 2) foresseability.
   2. Fair play and substantial justice: must be fair and reasonable for the defendant to be sued in forum state. Burden is on defendant to prove violation via: burden on state, state interest, plaintiff convenience, and total impact on interstate judicial system.

Question 6

Discovery:

Answer 6

1. Federal: must be relevant and proportional, considering the 1) importance of issues, 2) time involved, and 3) money at stake.
2. CA: must merely be relevant to subject matter involved in pending action.

Question 7

Claim Preclusion:

Answer 7

1) The parties are identical or in privity; 2) the judgment in the prior action was rendered by a court of competent jurisdiction; 3) the prior action was concluded by a final judgment on the merits; AND 4) the same claim was involved in both actions.

Question 8

Issue Preclusion

Answer 8

1) A valid and final judgment was rendered in the first action; 2) the issue is identical to the issue decided in the prior action; 3) the issue was actually litigated, determined, and essential in the prior action; AND 4) the party against whom enforcement is sought had a full and fair opportunity to litigate the issue in the first action.

Question 9

Exceptions to Final Judgment Rule

Answer 9

• Injunctions as of right
• 54(b): 1) multiple parties or claims, 2) court directs entry of final judgment for some claims or parties, and 3) court expressly determines there is no just cause for delay.
• Collateral orders: separable from and collateral to main suit, too important to delay (e.g., double jeopardy)
• Class action cert

Question 10

Erie and the Supremacy Clause:

Answer 10

Erie applies when a federal case is brought under diversity of citizenship jurisdiction. Under Erie, a federal court will apply its own federal procedural laws but must apply state substantive law. The state substantive law will determine the choice of law rules used to discern the ultimate applicable law. There are a variety of tests to determine substantive laws, including what is “outcome determinative,” compelling federal interest, or what otherwise affects substantive rights of individuals.

1. Procedural laws include: civil procedure, burden of proof, and rebuttable presumptions.
2. Substantive laws include: choice of law, statute of frauds, and most statute of limitations issues that are outcome determinative.

Question 11

Supplemental Subject Matter Jurisdiction:

Answer 11

1. If federal court has original jurisdiction over some of the claims, it may exercise supplemental jurisdiction over additional state claims that arise from the same case or controversy, i.e. the same common nucleus of operative fact.
   
   1. Exceptions: 1) cannot overcome a lack of diversity; and 2) federal court may decline to exercise when claim raises novel or complex issue, 3) claim substantially predominates over original jurisdiction claim, 4) federal district court dismisses all claims over which it had original jurisdiction, or 5) exceptional circumstances.