Civ Pro JDX (Grossman video)

Question 1

if the court finds to a “____” that the claim will NOT be excess of 75k, then court can dismiss

Answer 1

legal certainty

Question 2

Can one P add small claims when at least ONE of the claims is in excess of 75k?

Answer 2

yes

Question 3

Can one P against one D aggregate claims to get to 75k?

Answer 3

yes

Question 4

but if you have more than one P and no single one of them has a claim worth over 75k, then you _____ join the claims

Answer 4

CANNOT

Question 5

for class actions - as long as ONE NAMED MEMBER of the suit has 75k then you are ___

Answer 5

good

Question 6

diversity of citizenship requires that (1) the case exceeds 75k and (2) there is complete diversity

Answer 6

compelte diversity

Question 7

complete diversity means all P must be diverse from all D at ___

Answer 7

all times

Question 8

citizenship means where you are ____ which is where you are ______ and intend to stay

Answer 8

domiciled
presently

Question 9

can you join a party to OBTAIN jdx?

Answer 9

no way jose

Question 10

federal question means the P’s question MUST be about a _____ on the face of a ___

Answer 10

federal law/ issue
well pleaded complaint

Question 11

examples of individual cases which are considered FEDERAL ISSUES and thus satisfy SMJ
1. admiralty
2. maritime
3. ___

Answer 11

IP

Question 12

supplemental jdx is when the federal court will ADD a case or a party to an ______ when the new claim/ party wouldn’t have SMJ on its own

Answer 12

existing claim that met SMJ

Question 13

the court MAY grant supplemental jsx if this new case/ party derives from the ____CNOF

Answer 13

common nucleus of facts

Question 14

if the original case is a DIVERSITY case and you want to use supplemental jdx, remember that the new case cannot ____

Answer 14

destroy diversity of citizenship

Question 15

when is supplemental jsx allowed? 4 types of cases

CC
J
CC
Imp

Answer 15

1. Compulsory counterclaim
2. joinder in compulsory counterclaim
3. cross claim
   4, impleader of third party defendants

Question 16

when is supplemental jdx NOT allowed?

Answer 16

1. When it is original P vs. a third party defendant
2. Compulsory joinder
3. joinder of defendants
4. intervention

Question 17

when a case is in state court but you want to remove it to federal court, removal is proper when the case COULD HAVE BEEN filed in federal court ___

Answer 17

in the first place

Question 18

removal is proper when it could have been filed in _____court in first place

Answer 18

fed court

Question 19

is removal proper in state Agency?

Answer 19

NO

Question 20

Can the plaintiff ever remove a case?

Answer 20

HELL NO - only D

Question 21

if there are more than one defendant, then ALL must join in the ____of removal

Answer 21

notice

Question 22

Timing for removal:

D must file the NOTICE to remove within ____ of getting the original complaint that want to remove

Answer 22

30 days

Question 23

if you are in a diversity case, there is a ONE YEAR RULE

Removal based on diversity CANNOT BE REMOVED more than _____ the start of the lawsuit

Answer 23

one year

the FILING has to be within 30 days, but you got this ONE YEAR special rule for diversity (not FQ)

Question 24

if removal is based on diversity, there is NO REMOVAL ALLOWED if D is a _____ of the forum state

Answer 24

citizen

Question 25

if you have multiple claims, and only ONE of those is removable, you can still remove _____

Answer 25

the whole case

Question 26

REMAND (back to state court)

P can do this. Must bring motino within ____ days of the removal notice

Answer 26

30

Question 27

for standard of review on appeal:

abuse of discretion is the standard you use when determine if the ___ made a mistake

Answer 27

court

Question 28

for standard of review on appeal:

if you are talking about an issue of LAW, that review is ___

Answer 28

de novo

Question 29

if a finding of FACT is an issue, then the issue is whether the issue was_____

Answer 29

clearly erroneous~

Question 30

ERIE

hypo is making you choose between applying federal or state law in diversity

RULE is you apply substantive state law UNLESS the issue is _____

Answer 30

a federal procedural rule

ex: venue rules (fed law)

Question 31

if the question is regarding which law to use for statute of limitations, this is considered STATE ____LAW

Answer 31

substantive

Question 32

what if you have two states? Which state law to apply?

Apply the law of the state where the FEDERAL COURT SITS. Where is the case ___

Answer 32

filed

Question 33

a preliminary injunction requires _____ and a ____ before injunction will be granted

Answer 33

notice
hearing

Question 34

preliminary injunction KEY WORDS =
______ + likely to succeed on ____ of case + harm to moving party (who wants injunction) OUTWEIGHS any of the other party’s harm if it is not granted

Answer 34

irreparable injury
merits

Question 35

TRO = 14 days max and _______ notice + standard is ____

Answer 35

NO
immediate irreparable harm

Question 36

a motion to dismiss MIGHT be a final judgement IF it is granted and _____the action. BUt that will not be the case if the court DENIES the motion

Answer 36

terminates

Question 37

a denial of summary judgement is ____a final decision because the action will proceed in the district court

Answer 37

NOT

Question 38

under the final judgement rule, a judgement is not final until ____the claims in the action have been resolved

Answer 38

ALL

Question 39

a determination as to whether evidence is irrrelevant or highly prejudicial and should be excluded is within the trial courts _____ because it requires an understanding of the entire case and the facutal context which the evidence is being offered. Therefore it is reviewed on a ____ standard

Answer 39

abuse of discretion

Question 40

the appellate court applies the clearly errenous standard when reviewing findings of _____ made by the trial court in a bench trial

Answer 40

fact

Question 41

judicial rulings of admissibility of evidence in a jury trial =

Answer 41

abuse of discretion

Question 42

a court applies the harmless error standard when it determiens that a trial court’s erroneous admission of evidence did not affect any party’s ____

Answer 42

substantial rights

Question 43

when a trial court reduces a punitive damages award on the ground that is is unconstitutionally excessive, the appellate court revies that determination _____

Answer 43

de novo