Civ Pro JDX (Grossman video) Flashcards
if the court finds to a “____” that the claim will NOT be excess of 75k, then court can dismiss
legal certainty
Can one P add small claims when at least ONE of the claims is in excess of 75k?
yes
Can one P against one D aggregate claims to get to 75k?
yes
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
CANNOT
for class actions - as long as ONE NAMED MEMBER of the suit has 75k then you are ___
good
diversity of citizenship requires that (1) the case exceeds 75k and (2) there is complete diversity
compelte diversity
complete diversity means all P must be diverse from all D at ___
all times
citizenship means where you are ____ which is where you are ______ and intend to stay
domiciled
presently
can you join a party to OBTAIN jdx?
no way jose
federal question means the P’s question MUST be about a _____ on the face of a ___
federal law/ issue
well pleaded complaint
examples of individual cases which are considered FEDERAL ISSUES and thus satisfy SMJ
1. admiralty
2. maritime
3. ___
IP
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
existing claim that met SMJ
the court MAY grant supplemental jsx if this new case/ party derives from the ____CNOF
common nucleus of facts
if the original case is a DIVERSITY case and you want to use supplemental jdx, remember that the new case cannot ____
destroy diversity of citizenship
when is supplemental jsx allowed? 4 types of cases
CC
J
CC
Imp
- Compulsory counterclaim
- joinder in compulsory counterclaim
- cross claim
4, impleader of third party defendants
when is supplemental jdx NOT allowed?
- When it is original P vs. a third party defendant
- Compulsory joinder
- joinder of defendants
- intervention
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 ___
in the first place
removal is proper when it could have been filed in _____court in first place
fed court
is removal proper in state Agency?
NO
Can the plaintiff ever remove a case?
HELL NO - only D
if there are more than one defendant, then ALL must join in the ____of removal
notice
Timing for removal:
D must file the NOTICE to remove within ____ of getting the original complaint that want to remove
30 days
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
one year
the FILING has to be within 30 days, but you got this ONE YEAR special rule for diversity (not FQ)
if removal is based on diversity, there is NO REMOVAL ALLOWED if D is a _____ of the forum state
citizen
if you have multiple claims, and only ONE of those is removable, you can still remove _____
the whole case
REMAND (back to state court)
P can do this. Must bring motino within ____ days of the removal notice
30
for standard of review on appeal:
abuse of discretion is the standard you use when determine if the ___ made a mistake
court
for standard of review on appeal:
if you are talking about an issue of LAW, that review is ___
de novo
if a finding of FACT is an issue, then the issue is whether the issue was_____
clearly erroneous~
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 _____
a federal procedural rule
ex: venue rules (fed law)
if the question is regarding which law to use for statute of limitations, this is considered STATE ____LAW
substantive
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 ___
filed
a preliminary injunction requires _____ and a ____ before injunction will be granted
notice
hearing
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
irreparable injury
merits
TRO = 14 days max and _______ notice + standard is ____
NO
immediate irreparable harm
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
terminates
a denial of summary judgement is ____a final decision because the action will proceed in the district court
NOT
under the final judgement rule, a judgement is not final until ____the claims in the action have been resolved
ALL
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
abuse of discretion
the appellate court applies the clearly errenous standard when reviewing findings of _____ made by the trial court in a bench trial
fact
judicial rulings of admissibility of evidence in a jury trial =
abuse of discretion
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 ____
substantial rights
when a trial court reduces a punitive damages award on the ground that is is unconstitutionally excessive, the appellate court revies that determination _____
de novo
