Civil Procedure

Question 1

FQ Juris

Answer 1

Exists when claim arises from fed law, constitution, or treaty

Question 2

Diversity Jurisdiction

Answer 2

complete diversity + over 75K

Question 3

Supplemental Juris

Answer 3

allows party to bring a state claim in fed ct that does not meet the requirements of SMJ

(arises from a common nucleus of operative fact as the other claim that court has SMJ over must arise out of the same T or O.

Question 4

Removal

Answer 4

D may remove a case to Fed ct where originally could have been filed.

within 30 days of service or receiving the inital pleadings.

Question 5

Personal Jurisdictionn : PJ

Answer 5

must have PJ over a party for its judgmment to be binding. can have Pj by traditional bases or long arm statute

• traditional bases:
  
  • domicile, presence in the state when served, consent, or waiver
• long arm statute: must have long arm staatute + sufficient minimum contacts with the forum state so as not to offfend traditional notions of fair play and substantial justice.
  
  • General juris = contact so substantial D is at home. (domicile for indiv and corporate home)
  • specific juris= coneection betwen forum state and underlying controversy and lawsuit must relate to D’s conduct in the state.

Question 6

Service Of Process and Notice

Answer 6

Summons and Complaint must be served on D w./i 90 days after filing with court.

Methods of srvice

• person:personally, via suitable age and discretion at dwelling, via agent or, accordance with state law
• corp= state law, to an official orauthorized agent.

Question 7

Venue and Transfer of Venue

Answer 7

Venue is proper in any district where: D resided, claim occurred, property located, or where D is subject to court PJ.

If venue was proper when the case was filed court may transfer it if needed for the convenience of the witnesses or in the interest of justice and case could have been brought there.

if venue improper: court must dismiss or tranfer the case to proper court

Question 8

Erie Doctrine

Answer 8

Fed cts will apply federal procedural law but must apply the substantive law of the forum state in which it sits.

Question 9

Rule 11 Sanction Motions

Answer 9

A party cannot file a Rule 11 otion with the court w/o first serving the motion on the offending party AND giving the opponent 21 days to withdraw or correct pleadings.

Question 10

Permissive Joinder of Parties

Answer 10

P or Ds may be joined in one action if:

• joint and several relief is asserted by them or claim arises out of T& O
• common question of law or facr exists AND
• SMJ is present.

Question 11

Motion to Dismiss: (12B Motions)

Answer 11

1. Lack of SMJ
2. lack of PJ
3. improper venue
4. insufficient process
5. insufficient service of process
6. failure to state a claim upon which relief can be granted
7. failure to join a ncessary party.

1 can be made at any time.

2-5 are deemed waived if not raised in first responsive pleading.

6 & 7 are during trial.

Question 12

Motion for Judgment on the Pleadings.

Answer 12

When: close of defendant answer

motion on the 12b grounds

Question 13

Summary Judgment

Answer 13

Standard: No material issue of fact remains.

movant is entitled to judgment as a matter of law.

(After defendant answers, no material issue of fact remains)

Question 14

Issue Preclusion (collateral estoppel)

Answer 14

precludes a party from attempting to retry n issue if htere has been a final judgment on the merits by a court.

• elements: valid and final judgment rendered; issue is identical, issue litigate, and party who enforcement is sought had a full and fair opportunity to litigate the issue.

Question 15

Final Judgment Rule

Answer 15

A fed appellate court can only hear an appeal from a final judgment on the merits

appeal must be filed within 30 days after entry of judgment.