Civ. Pro. Rule Language

Question 1

Federal Court Personal Jurisdiction Application

Answer 1

“Federal district courts may exercise personal jurisdiction to the same extent as the courts of general jurisdiction of the state in which the district court sits.”

Question 2

Federal Court Specific Jurisdiction Application

Answer 2

“State courts of general jurisdiction may exercise personal jurisdiction over nonresident defendants to the extent authorized by both the state’s long arm statue and DPC of the 14th Amendment of the U.S. Constitution.”

“The DPC of the 14th Amendment permits states to assert PH over nonresident defendants who have established minimum contacts with the state such that the exercise of PJ would not offend traditional notions of fair play and substantial justice.”

“These minimum contacts can be determined by looking at the purposeful availment of the benefits and protections of the state the defendant had.

Question 3

Subject Matter Jurisdiction

Answer 3

SMJ is the power of a court to hear a certain type of case. Federal courts are courts of limited jurisdiction. That is, they can only hear certain types of cases. There are three types of subject matter jurisdiction: Federal question, diversity, and supplemental.

Question 4

Federal Question Jurisdiction

Answer 4

For there to be federal question jurisdiction, the plaintiff’s claim
must “arise under” federal law. The federal question must appear on the face of the plaintiff’s well pleaded complaint. It cannot appear in the answer.

Question 5

Diversity Jurisdiction

Answer 5

Cases may be brought into federal court under diversity jurisdiction only if two requirements are met:
1. there must be complete diversity of citizenship between the plaintiffs and defendants, and
2. the amount in controversy must be over $75k.

NOTE: Complete diversity is not required for class actions; rather, minimal diversity suffices.

Question 6

Domicile

Answer 6

A person is domiciled “where it is her permanent home, a place where the person intended to remain indefinitely, and the place to which the person intends to return when temporarily absent.”

Question 7

Supplemental Jurisdiction

Answer 7

Supplemental jurisdiction arises when there is a jurisdictional basis for one claim but not the other.

KEY: A plaintiff cannot use supplemental jurisdiction to add a claim against a non diverse party if the sole basis for SMJ is diversity–okay if FQ.

Question 8

Removal

Answer 8

Defendants (but not plaintiffs) may remove an action from state court to the federal court that geographically embraces it if the plaintiff could have initially brought the case in federal court.

“The federal removal statute provides that the notice of removal should be filed in the federal district court for the district that geographically encompasses the state court from which the action is being removed.”

“Thereafter, copies must be sent to the parties and filed with the applicable state court”

Question 9

Venue

Answer 9

Venue is proper in a district where:
1. any defendant resides if all defendants reside in the same state,
2. in a district where a substantial part of the events or omissions give rise to the claim occurred, OR
3. a substantial part of property that is subject to the action is situated.

Question 10

Transfer

Answer 10

The federal court has authority to transfer a case to another federal district for the convenience of the parties and witnesses iand in the interest of justice.

The new forum must have SMJ and PJ. The court will apply the law of the transferor forum.

Question 11

Motion for Summary Judgment Standard

Answer 11

“FRCP 56(a) allows a summary judgment motion to be granted only if there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law.”

“The moving party must produce evidence to show there is no genuine issue of material fact. The burden then shifts to the non moving party. The motion is viewed in the light most favorable to the nonmoving party.”

“A MSJ may be supported by depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions, interrogatory answers, or other materials.”

Question 12

Temporary Restraining Orders (TROs)

Answer 12

A TRO can be issued without notice to the adverse party. To secure a TRO without notice, the plaintiff needs to show a risk of “immediate and irreparable injury.” The TRO lasts only long enough for the court to consider and resolve a request, but no longer than 14 days.

Question 13

Preliminary Injunction

Answer 13

A preliminary injunction is equitable relief with the objective of preserving the status quo.

If granted, the matter must be tried within 6 months (unless the parties stipulate or good cause is shown). Notice to the adverse party is required.

Question 14

Factors in Considering a Preliminary Injunction (4)

Answer 14

HELP
1. Harm to the plaintiff if not granted
2. evaluation of injuries–balancing test
3. Likelihood of prevailing–Plaintiff on the merits
4. Pubic interest

Question 15

Work Product Definition

Answer 15

Work product is any material prepared in anticipation of litigation.

Question 16

Issue Preclusion

Answer 16

A party will be estopped from litigating an issue that was actually litigated and decided and essential to the judgment in a previous case.

Question 17

Claim Preclusion

Answer 17

A claim that has been litigated to final judgment on the merits cannot be re-litigated by the parties (0r their privies).

Question 18

Interpleader

Answer 18

Interpleader applies if separate actions might result in double liability against a stakeholder. An interpleader suit permits a person/stakeholder to require two or more adverse claimants to the stake to litigate among themselves to determine which, if any, has the valid claim to it.