civ pro

Question 1

The Requirements of reasonable notice

Answer 1

1. Specific content- Parties receive adequate notice of the commencement of the action and the issues involved in it.
2. time allocated- The parties must have an adequate opportunity and an appropriate time to present their side of the dispute.
3. means of service must be sufficient
   Known party- actual service is sufficient
   unknown party-constructive notice- public notifications
   balance test- the state vs the individual

Question 2

Rule 4: Summons

C and E

Answer 2

C- Service
A Summons must be served with a copy of the complaint.
Any person who is at least 18 years old and not a party in the complaint may serve a summons and complaint.
By a Marshal or someone specially appointed

E- Servicing an Individual Within a judicial district of the United States.
Doing any of the following:

(A) Delivering a copy of the summons and complaint to the individual personally

(B) Leaving a copy of each at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or

(C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process

Question 3

Subject Matter Jurisdiction

1331, 1332, 1367, or removal

Answer 3

Jurisdiction over the subject matter of action- the court competency to hear a claim in federal court

Question 4

Rule from Lacks vs Lacks

Answer 4

“Absence of competence to entertain an action deprives the court of subject matter jurisdiction; absence of power to reach the merits does not”

the court authorized to hear the complaint that is before them, Just because all of the elements (of the merits) are not satisfied does not mean the court does not have subject matter jurisdiction.

If case is rendered without proper subject matter jurisdiction from the court then it is void and the issue can be raised at any time

Question 5

12B-1

Answer 5

lack of subject matter jurisdiction

Question 6

12B-2

Answer 6

lack of personal jurisdiction

Question 7

12B-3

Answer 7

improper venue

Question 8

12B-5

Answer 8

insufficient service of process

Question 9

12B-4

Answer 9

insufficient process

Question 10

12B-6

Answer 10

Failure to state a claim upon which relief could be granted- goes to the merits- SMJ

Question 11

USC 1332- diversity of citizenship and amount in controversy

Answer 11

A basis to be heard to in federal court if the parties are domicile in different states and the amount controversy exceeds $75,000

Question 12

Domicile

Answer 12

A parties true, fixed, and permanent home and principle establishment. the place you return when ever you are away

Question 13

Jurisdiction is unaffected by subsequent changes in the citizenship of the parties

Answer 13

The parties MUST diverse when the claim was filed, it does matter if they change later

Question 14

corporations domicile

Answer 14

multiple domiciles:

1-where they are incorporated

2- principal place of business- (where decisions are being made)- Nerve center test

Question 15

Josephine Baker

Answer 15

denounce her US citizenship

- she can sue and be sued in Fed court

Question 16

Jim Carey

Answer 16

dual citizenship

he can be bring a claim to federal court

Question 17

James Baldwin

Answer 17

USA citizen domiciled abroad

- He CANNOT sue or be sued in federal court

Question 18

national banks

Answer 18

deemed citizens of the States in which they are respectively located

Question 19

unincorporated association

Answer 19

akes on the citizenship of each and every one of the association’s members.

Question 20

insurance companies

Answer 20

in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of every State and foreign state of which the insured is a citizen;

Question 21

foreign plaintiff vs foreign defendant

Answer 21

federal courts do not have diversity jurisdiction over cases where there are foreign entities on both sides of the action, w/o the presence of citizens of a state on both sides

Question 22

NY vs NC

Answer 22

yes- can be heard in FED court

Question 23

NY vs Mexico

Answer 23

yes-

Question 24

NY vs NC

Mexico Mexico

Answer 24

yes

Question 25

NY vs NY Corp

Answer 25

no- no diversity

Question 26

Canada vs England

Answer 26

No- not In fed court- both foreign

Question 27

FL NC NY vs GA TN NY

Answer 27

no- one of the parties are from the same state

Question 28

citizen of Jamaica and permanent reside of FL vs GA

Answer 28

yes- his domicile is in FL

Question 29

citizen of Jamaica and permanent resident of FL vs FL

Answer 29

no- no diversity

Question 30

Amount in controversy

Answer 30

It must appear to a legal certainty that the claim is really for less than the Jurisdictional amount to justify a dismissal.

Question 31

aggregation

Answer 31

The plaintiff can meet the amount-in-controversy requirement by aggregating the value of all of its claims against the defendant. The claims need not share common questions of law or fact; aggregation is permitted “even when those claims share nothing in common besides the identity of the parties.

Question 32

Multiple Plaintiffs vs single defendant

Answer 32

Multiple plaintiffs sue a single defendant, they can meet the amount in controversy requirement by aggregating only the value of claims that are common and indivisible. They must have a common and undivided interest

Ex: owner and co signer with a car vs the driver that hit them
Both owners can’t split the vehicle, its common and invisible

Question 33

Single plaintiff vs multiple defendants

Answer 33

The claim by the plaintiffs are Joint and severable

Ex: one person injured vs multiple construction workers

Question 34

1332 exceptions-

the court will not hear two types:

Answer 34

1. Domestic relations
2. Probate:
   Probate exception: federal court cannot take SMJ over claims that involve the validity of a decedent’s estate planning instrument.

Question 35

USC 1331- federal question

Answer 35

a basis to be heard in federal court if the claim arises under this Constitution, the laws of the United States, and treaties made, or which shall be made under their Authority.

Question 36

Protective jurisdiction

Answer 36

• allows a federal court, in the absence of diversity of citizenship, “to hear state law claims, even though the claims themselves neither incorporate an original federal ingredient nor seek to enforce the rights conferred by federal law.

Question 37

Artful pleading

Answer 37

The Plaintiff disguises the complaint so that it can be heard in specific court- STATE or FEDERAL - in the initial complaint

Question 38

affirmative defense

Answer 38

An attempt by the plaintiff inserts a claim that anticipates a federal question being raised by the defendant - in 1331-

Question 39

Collusion

Answer 39

done by the Plaintiff or defendant

Question 40

Holmes creation test

Answer 40

Even though the claim is created by state law, a case may “arise under” a law of the United states if the complaint discloses a need for determining the meaning or application of such a law

Question 41

Congress has given the federal courts exclusive jurisdiction over federal securities

Answer 41

law actions bankruptcy,

patents and copyrights,

actions against foreign consuls and
vice consuls