Civ Pro I Formats

Question 1

Notice Mullane

Answer 1

use if method of notice is at issue; court must ask if notice conveyed sufficient inofmraiton as to -how -when to respond, if the notice allowed reasonable time to appear, and if the most reasonable means available was employed

Question 2

notice: Matthews and Doehr

Answer 2

if timing is at issue: 3 prong test (nature of the property, risk of erroneous deprivation, and the interest of the party seeking prejudgment remedy.

Question 3

how do you examine risk of erroneous deprivation under the matthews and doehr notice test

Answer 3

(1) the more P has to show to support his claim the lower the risk of erroneous deprivation (2) the higher the bond requirement, the lower the risk of erroneous deprivation (3) If a judge is involved in the decision rather than a non-judicial court official, the risk of erroneous deprivation is lower (4) if strict document case, the less likily erroneous deprivation. ALSO if P’s interest in the proeprty is less speculative and more pre-existing the risk is erroneous deprivatio is lower

Question 4

describe diversity

Answer 4

1332. Under 1332(a) the claim needs to exceed $75k and the P and D can’t be from the same forum. 13329(c)(1) is citizenship of individuals is determined by their domicile while corporations are determined by their place of corporation or their principle place of business

Question 5

what does 1331 require

Answer 5

requires the claim to contain an essential federal element that arises under federal law and that this federal element appear on the face of P’s well-pleaded complaint

Question 6

what does the Motley test do?

Answer 6

is the plaintiff enforfcing a federal right

Question 7

what does the Holmes creation test

Answer 7

does the suit arise under the federal law that creates the cause of action?

if not satisfied go to Grable test

Question 8

what does the Grables Test

Answer 8

4 questions: federal issue necessarily raised; federal issue actually disputed; substantial federal interest; cannot disturb balance between federal/state juducual resopnsibilities

claim has to meet all 4 parts

Question 9

what does 1367 look at

Answer 9

requires that the two claims are
“so related” that they form the same case and also allows joinder parties

Gibbs test

Question 10

what does the Gibbs test look at under 1367(a)

Answer 10

(1) constitutional/common nucleus (2) substnatial (3) ordinarily tried together

Question 11

what does 1367(b) do

Answer 11

requires exercising supplmental jurisdiction over the second claim would not negate the diversity statute requirement of 1332.

Question 12

what does 1367(c) look at

Answer 12

court has discretion to decline supplemental jurisdiction over a claim under (1) state claim raises a novel and complex state law issue (2) state claim substantially predominates over the federal claim (3) court has dismissed the federal claim and only the state claim remains (4) exceptional circumstances the court may choose to decline jurisdiction

Question 13

describe 1447(c)

Answer 13

both claims are remanded and cannot be brought in federal court

Question 14

what does federal rule 14 cover

Answer 14

third party defendants

Question 15

what does federal rule 20 cover

Answer 15

joinder of parties

Question 16

describe 1441(a)

Answer 16

a defendant can remove a suit to federal court if it could ahve been brought in federal court to begin with

Question 17

describe 1446(b)

Answer 17

give D 30 days within service of process to remove case

Question 18

what happens if 1441 a and b are met

Answer 18

removal is allowed for FQ basis. removal will be allowed for div. basis under 1441b so long as the D is not a citizen of the forum state

Question 19

describe 1441(c)

Answer 19

allows removal of a FQ and non-supplemental claim but 1441(c)(2) requires sever and remand of the non-supplemental claim

Question 20

describe 1391(b) 1,2,3

Answer 20

(1) may lay venue in district any D resides in as long as all D are residents of that state (2) may lay venue in district in which a substantial part of the events or omissions giving rise to the claim took place or where the property that is the subject of the action is located (3) if there is no district in which any action may otherwise be brought, any district in which any D is subject to the court’s PJ with respect to such action

Question 21

describe 1391(c) 1,2,3

Answer 21

(1) D resides where he is domicled (2) D resides where he is subject to personal jurisdiction (3) If non US resident or US citizen who now does not reside in the US can be subject to suit anywhere

Question 22

describe 1404(a)

Answer 22

applies where the transferor is a proper venue

Question 23

describe 1406(a)

Answer 23

applies when the transforer is an improper venue; D may remove for dismissal under rule 12(b)(3) however court has authority to dismiss or transfer to a proper venue in interest of justice