Civil Procedure Flashcards
Diversity of Citizenship
Requires complete diversity (each P a citizen of a different state than each D. Individual’s citizenship determined by domicile - where he intends to remain permanently and physically present; corp. is a citizen of every state of incop. and the one state in which it has its PPB. PPB is where corp’s officer’s direct and control activities.) and an amount in controversy of more than 75K. P’s good faith allegation controls amount in controversy.
Personal Jurisdiction
Analyzes as if it were a state ct in the jurisdiction
Must be authorized by statute and be constitutional.
Constitutional D must have contacts with the forum state if the Cause of action is related to D’s action in the forum there may be specific jurisdiction if the exercise of PJ is fair and reasonable.
If the cause of action is not related to D’s action in forum state general jurisdiction is required. General jurisdiction requires activities be such that D is at home in Jurisdiction to be at home in the state a corp. D generally must be incorporated or have its PPB in the state.
Summary Judgement
Summary judgment must be granted if from pleadings, affidavits, discovery admissions, there is no genuine dispute of material fact and the moving party is entitled to a judgment as a matter of law. (if the moving party produces evidence non-moving party must produce evidence of his own in response to the issue raised.)
Claim preclusion and Issue preclusion
For claim preclusion - there must be a valid, final judgment on the merits; both parties must be the same (the same claimant suing the same defendant) (or in privity) and cause of action must be same (same transaction or occurrence
For issue preclusion - the issues must be the same, there must be a necessary and essential to valid, final judgment on the merits, person against whom issue preclusion is used must have been heard on the matter (opportunity and incentive to litigate the issue), must not be unfair to use
Renewed JMOL and JMOL
The jury must not have had a legally sufficient basis for the verdict. Light ost favorable to the nonmoving party.
Motion for JMOL must be made during the trial; grounds limited to motion; must be made within 28 days of judgment.
New Trial and Jury Misconduct
A new trial may be granted b/c of some serious error during the trial. Jury verdict a clear miscarriage of justice.
The judge cannot replace the jury’s findings with own absent some serious error.
The jury verdict was not overturned lightly.
a new trial may be granted b/c of some serious error during trial
Work Product (Discovery)
Discovery standard: any matter not privileged that is relevant to the claim or defense of any party. (must be proportional so the cost of producing and needs of the case considered.)
Includes persons having knowledge of relevant facts
the work product of lawyers and others in anticipation of litigation is discoverable only on a showing of substantial need and to avoid undue hardship in obtaining the material elsewhere.
Removal
Case removable if original jurisdiction inf federal court. (DoC not removable if D citizen of the forum)
D must file a notice with the federal district court and division in which the action is pending; copies of notice must be sent to opposing parties and state ct; notice must be filed within 30 days of receipt of the complaint (by service of process methods) by D (complaint will likely show grounds for removal)
If removal is based on diversity, no removal if more than 1 year (unless bad faith on P is shown)
All D’s must join;
Venue
Ct must determine whether V is proper and whether any basis for the transfer of venue exists
V is procedural and governed by fed.
V statutes removed case is to fed. ct. embarrassing state ct.
When V is proper Fed. Ct. can transfer to another V where action might have been brought or to which party’s consented.
When parties have agreed to forum sel. clause a DC should transfer the case to the forum specified (unless public interest factors apply; basically not related to the agreement of the parties; burden on the community of jury; what law applies’ keep local controversy in the local court.
V proper where (1) any D resides if all reside in the same state or (2) where a substantial part of acts or omissions occurred.
A statute must provide for PJ.
Transferor court law applies unless forum selection clause or improper venue and transferee law apply.
Federal Question
The case must arise under federal law
Supplemental Jurisdiction
Arises claim arises from same nucleus operative fact as claim invoking the original jurisdiction
Cannot be used to destroy DoC jurisdiction
Final Order (Appeal Rule)
Only a final order is appealable, with exceptions
Final order is one that disposes of all claims and parties
if there are multiple claims and parties, the court may enter a final judgment as to fewer than all claims and parties The judge must make an express determination that there is no just reason to delay and an express direction for entry of judgment.
