Civ Pro - Overview Flashcards
JURISDICTION OVER THE PERSON - Types of Personal Jurisdiction
- In personam—forum has personal jurisdiction over defendant
- In rem—forum has power to adjudicate rights of all persons to a particular item of property; defendant not personally bound
- Quasi in rem—two types
a. Quasi in rem type I—court adjudicates rights of parties in property based on property being in forum; close connection between case and property provides minimum contacts
b. Quasi in rem type II—court attaches property to bring defendant into forum on unrelated claim; defendant must have minimum contacts with forum
JURISDICTION OVER THE PERSON - Statutory Limitations on Personal Jurisdiction
- Federal court must analyze personal jurisdiction as if it were a court of the state in which it is located
a. State law must authorize jurisdiction
b. Most, if not all, states authorize jurisdiction over a defendant who:
1) Is present in forum state and personally served with process therein;
2) Is domiciled in forum state;
3) Conducts systematic and continuous business in the state such that the defendant is “essentially at home” therein;
4) Consents to jurisdiction; or
5) Commits an act covered by the long arm statute
JURISDICTION OVER THE PERSON - Constitutional Limitations on Personal Jurisdiction
- Traditional rule—physical power
- Modern due process standard—contact and fairness
a. Defendant must have such minimum contacts with the forum such that the exercise of personal jurisdiction over him is fair and reasonable
1) Consider whether defendant purposefully availed himself of the benefits and protections of state law and whether he could have anticipated being brought into state court
b. Notice also required
1) Traditional methods of personal service satisfy notice requirements
2) Requirement that agent notify defendant
3) Requirement for cases involving multiple or unknown parties
SUBJECT MATTER JURISDICTION IN FEDERAL COURTS - Diversity of Citizenship Jurisdiction
- Complete diversity
a. Every defendant must be of diverse state citizenship from each plaintiff—this is “complete diversity”
b. Must have complete diversity when action commenced
1) Interpleader exception
c. Alienage jurisdiction—citizen of U.S. state and foreign citizen
d. Questions of citizenship
1) Individuals—domicile
2) Corporations—every state/country where incorporated and one state/ country of principal place of business, which is the place from which the corporation’s high level officers direct and control its activities
3) Unincorporated associations and limited liability companies—citizenships of its members
4) Legal representatives—domicile of the represented person
5) Class actions—domiciles of the named members
6) Nonresident U.S. citizens—not a citizen of any state and not an alien
e. Realignment of parties according to their true interest
1) Shareholder derivative actions
f. Supplemental jurisdiction
1) Must be one claim with original jurisdiction
2) Supplemental claim must arise from a common nucleus of operative fact as the original jurisdiction claim such that the claims should be tried together
g. Subsequent addition of parties and claims
1) Intervention of right—no supplemental jurisdiction
2) Substitution of parties—citizenship of original party controls
3) Impleader—supplemental jurisdiction as to claim of Defendant v. Third- Party Defendant; claim of Plaintiff v. Third-Party Defendant must have original jurisdiction in diversity case
4) Cross-claims—supplemental jurisdiction - Jurisdictional amount in excess of $75,000
a. Amount in controversy does not include interest and costs or counterclaims
1) Attorneys’ fees and interest that are recoverable by statute or as part of claim are included
b. Aggregation
1) One plaintiff may aggregate claims against a single defendant
2) One plaintiff may not aggregate separate claims against several defendants
3) One plaintiff may sue several defendants on a joint liability claim if it exceeds $75,000
4) Several plaintiffs may aggregate claims against one defendant if seeking to enforce single title or right
c. Supplemental jurisdiction over claims by permissively joined plaintiffs not exceeding $75,000 possible in diversity cases
d. Counterclaims
1) Compulsory counterclaim may invoke supplemental jurisdiction
2) Permissive counterclaim needs original jurisdiction
3) Citizenship generally not an issue—if diversity exists between Plaintiff v. Defendant, it exists between Defendant v. Plaintiff - Erie doctrine and law applied in diversity cases—state substantive law, federal procedural law
- Exceptions to diversity of citizenship doctrine—no probate, divorce, alimony, or child custody cases
- Multiparty, Multiforum Trial Jurisdiction Act
SUBJECT MATTER JURISDICTION IN FEDERAL COURTS - Federal Question Jurisdiction
- Federal question must appear in complaint
- Implied federal right of action possible
- Supplemental jurisdiction
a. Pendent claims—federal court has discretion to hear state law claim if it arises from a common nucleus of operative fact as the federal claim such that the claims should be tried together
b. Pendent parties—must be common nucleus of operative fact - Specific statutory grants of exclusive federal jurisdiction
VENUE - General Rules
- Venue proper in federal district where any defendant resides (if all defendants reside in same state), where a substantial part of events or omissions occurred, or where a substantial part of property situated
- Fallback provisions—if no district satisfies above, venue proper where any defendant is subject to court’s personal jurisdiction
- Unlike subject matter jurisdiction, venue can be waived
VENUE - Residence for Venue Purposes
- Individuals—domicile
- Business entities—where subject to court’s personal jurisdiction
- Nonresidents—any judicial district
VENUE - Transfer
- Original venue proper—transfer for convenience to venue where case might have been brought or to venue to which parties consent
- Original venue improper—transfer to venue where case could have been brought to correct error
a. Dismissal if transfer not available or if some extraordinary circumstance exists
VENUE - Law Applicable on Transfer
- Original venue proper—A transfer solely on convenience grounds carries the law of the transferor court (including choice of law) to the transferee court unless the transfer was ordered to enforce a forum selection clause
- Original venue improper—Law of transferee court applies
REMOVAL JURISDICTION - Requirements
- Original jurisdiction
a. Diversity jurisdiction
1) Dismissal of nondiverse party allows removal
2) Case cannot be removed based solely on diversity if any defendant is a citizen of the forum state
3) Case cannot be removed based solely on diversity more than one year after case was filed unless defendant can show plaintiff acted in bad faith to prevent removal
b. Federal question jurisdiction
1) Having a federal defense is insufficient
2) Entire case is removed
3) State law claims may be severed and remanded to state court - State court need not have had jurisdiction
- Only defendants may remove
- Venue—federal district where state action was filed
REMOVAL JURISDICTION - Procedure for Removal
- Time—30 days
a. Generally starts to run after formal service of complaint
b. If later pleading, motion, etc., is filed that shows case is now removable, period begins to run on service of that pleading, motion, etc. - Remand to state court if no federal subject matter jurisdiction
Conflict of Jurisdiction Between State and Federal Courts - Injunctions Against State Court Proceedings
- Federal court generally may not enjoin pending state proceedings
- Threatened state criminal proceedings—to prevent clear and imminent harm that cannot be remedied with a criminal appeal
FEDERAL RULES OF CIVIL PROCEDURE - Service of Process
- Personal service, abode service, service on agent; also state rules and waiver of service (by mail)
- Parties served outside of state or in foreign country
- Immunity from process for parties, witnesses, attorneys in another action, or fraud or deceit
FEDERAL RULES OF CIVIL PROCEDURE - Interlocutory Injunctions—Maintain Status Quo Until Trial
- Preliminary injunctions—require notice
- Substantive requirements—irreparable harm, harm to party seeking injunction outweighs harm to party to be bound, likelihood of success on the merits, public interest factors
- Temporary restraining orders—necessary to prevent irreparable injury
FEDERAL RULES OF CIVIL PROCEDURE - Pleadings
- Complaint—notice of plaintiff’s claim
- Pre-answer motions
a. Motion to dismiss for (i) lack of subject matter jurisdiction; (ii) lack of personal jurisdiction; (iii) improper venue (transfer probably); (iv) insufficient process or service of process; (v) failure to state a claim; and (vi) failure to join a party
b. Motion for more definite statement
c. Motion to strike - Answer—specific or general denials by defendant
a. Compulsory counterclaims—arises out of same transaction or occurrence; must be pleaded
b. Permissive counterclaims—any other counterclaim
c. Inconsistent claims or defenses allowed - Special pleading for, e.g., fraud, mistake, special damages; must be more detail
- Reply by plaintiff generally not required
- Amendment of pleading and supplemental pleadings
a. Relates back to filing date of original complaint if it concerns same conduct, transaction, or occurrence
b. If party is charged, relates back if, within period for service of process, new party (i) received notice of the action such that party will not be prejudiced; and (ii) knew or should have known that, but for plaintiff’s mistake concerning identity, new party would have been made a party originally - Rule 11
a. Attorney certifies proper purpose upon presenting paper to court
b. Sanctions—judge has discretion limited by deterrence factor