Civ Pro - MEE Flashcards
A federal court has PJ over a defendant if…
a state court in the same state could also have jurisdiction over them.
A state court can have jurisdiction over a defendant if…
they are served with legal papers while willingly in that state.
District courts have SMJ over civil cases arising under the U.S. Constitution, federal laws, or treaties.
As a general rule, causes of action under federal law qualify for FQ jurisdiction, while those based on state law do not.
U.S. Citizen’s state citizenship is based on…
their domicile (permanent home)
A district court can exercise supplemental jurisdiction over claims that are part of the same “case or controversy” under Article III as claims for which it has original jurisdiction.
Claims are part of the same case/controversy if they arise from a common nucleus of operative facts.
Although a court has power to exercise supplemental jurisdiction - it doesn’t have to.
May decline when the claim over which court has supplemental jurisdiction substantially predominates over the claim - which district court has original jurisdiction.
Venue is proper in a district where:
(1) any defendant resides if all defendants live in the same state
(2) a substantial part of the events related to the claim occurred; or
(3) if no district is suitable, any district where a defendant is subject to PJ.
Initial disclosures requires parties to disclose certain information “without a discovery request.”
What does it include?
Must include the names and known contact information of individuals “likely to have discoverable information” but only applies to information to in support of the disclosing party’s claims or defenses.”
Initial disclosures - insurance policy
Requires a party to provide “for inspection and copying” any insurance policy under which an insurer may be responsible to satisfy (or reimburse payments made to satisfy) a judgment in a case.
What is the general scope of discovery?
Extends to any “matter that is relevant to any party’s claim or defense.”
What happens when there is an objection in a deposition?
The federal rules provide that a deposition should proceed with the testimony taken subject to any objections.
Objection must be noted on the record, but the examination still proceeds; the testimony is taken subject to any objection.
A deponent may be instructed not to answer in order to “enforce a limitation ordered by the court, or to present a motion” to terminate or otherwise limit the deposition.
Motion is only appropriate when the deposition is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses the deponent or party.
When can a motion for judgment as a matter of law be granted?
When two conditions are met: the party against whom the judgment is sought “has been fully heard on the issue” and “the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue.”
District courts are encouraged to refrain from granting motions for judgment as a matter of law prior to jury deliberation. [More likely to grant a renewed motion for judgment as a matter of law after the jury has returned its verdict.]
