Civil Procedure Flashcards
Personal Jurisdiction Intro
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. There are typically two types of personal jurisdiction: general and specific.
Personal Jurisdiction Two Steps
State courts of general jurisdiction may exercise personal jurisdiction over non-resident defendants to the extent authorized by both the state’s long-arm statute and the Due Process Clause of the Fourteenth Amendment
Specific Personal Jurisdiction
The Due Process Clause permits states to assert personal jurisdiction over nonresident defendants who have established sufficient minimum contacts with the state such that it would not offend traditional notions of fair play and substantial justice
Minimum Contacts
Sufficient minimum contacts requires that a defendant purposefully availed themselves to the benefits of the state such that they could reasonably foresee being exposed to suit in the state
Subject Matter Jurisdiction- Intro
Subject matter jurisdiction is the power of a court to hear a certain type of case. Federal courts can only hear certain types of cases, typically those based in diversity or those involving a federal question
Federal Question
A court will have federal question subject matter jurisdiction if it involves a federal statute, treatise or the Constitution. The federal question must appear on the face of the plaintiff’s well-pleaded complaint
Diversity
A case may be brought under diversity jurisdiction only if there is complete diversity of citizenship among the plaintiffs and defendants, and the amount in controversy exceeds $75,000.
Domiciled Definition
A person is domiciled where their permanent home is such that they intend to remain there indefinitely and return to after being absent.
Supplemental Jurisdiction
A court has supplemental jurisdiction when one or more claims does not have subject matter jurisdiction, but arises from a common nucleus of operative fact from a claim which does.
Removal of Action
Defendants may remove an action from state court to the federal court that geographically embraces it if the claim could have initially been brought in federal court
Venue
Venue is proper in a district where any defendant resides (if all reside in the same state), where a substantial part of the events of the claim happened, or, where a substantial part of property that is subject to the action is
Summary Judgment Motion
Federal Rule of Civil Procedure 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 a judgment as a matter of law. The moving party bears the initial burden
Transfer of Venue
The federal court has the authority to transfer a case to another federal district for the convenience of the parties and witnesses and in the interest of justice. The new forum must have subject matter and personal jurisdiction. The court will apply the law of the transferor forum
Temporary Restraining Order (TRO)
TROs are short-term temporary injunctions that courts grant as a measure until a hearing can be held to determine if a temporary injunction is appropriate
Preliminary Injunctions
A preliminary injunction is equitable relief with the objective of preserving the status quo. Courts will look to the harm to the plaintiff, the injury to the defendant, the likelihood of prevailing, and the public interest.
Work Product
Work product is any material prepared in anticipation of litigation and is undiscoverable unless an opposing party can show there is a substantial need and without it they would have to undergo undue hardship to obtain it.
Claim Preclusion
For claim preclusion to apply, (i) there must have been a valid, final judgment on the merits, (ii), both parties must be the same, and (iii) the new action must arise from the same transaction or occurrence
Issue Preclusion (Collateral Estoppel)
For issue preclusion to apply, (i) the issue in both actions must be the same, (ii) there must have been a final judgment on the issue, (iii) the party against whom is being precluded must have had a fair opportunity to be heard, and (iv) it must not be unfair or unjust to apply collateral estoppel
Foreign Service of Process
Service on a foreign corporation may be made in accordance with international treaty. If there is no treaty, service can be made in accordance with the foreign country’s laws, by the directions provided by foreign authority, by signed mail sent by a clerk, or by any other means not prohibited.
Discovery Rule Statement
Generally discovery can be requested for any matter not privileged that is relevant to the claim or defense of any party, including the identity of people who have knowledge of relevant facts.
RJMOL
In determining whether to grant a renewed JMOL, there must have been a previously filed JMOL, and the grounds for it must have been raised in the JMOL. It must be raised within 28 days of judgment.
JMOL Standard
To grant a JMOL the court must find that a reasonable jury would not have a legally sufficient basis to find for the party on the issue. The court must view the evidence in the light most favorable to the nonmoving party
New Trial
Generally, a new trial may be granted if there was a serious error that occurred during trial. Evidence of juror bias and non disclosure of information may be grounds for a new trial.
Removal Jurisdiction Rule Statement
Generally, a defendant in a state court may remove the case to federal court if it could have been filed there originally. Removal is accomplished by filing a petition for removal within 30 days of receipt of the complaint.
Transfer of Venue
Typically, venue is considered procedural and thus a matter of federal law. Federal law determines the enforceability of forum selection clauses and will generally allow for them.
Permissive Joinder
Under Rule 20, parties may be joined as plaintiffs or defendants whenever some claim is made by each P against each D relating to the same transaction or occurrence and there is a question of law or fact common to all parties.
Appealable Orders
Ordinarily, only a final order (disposed of the whole case) is appealable. In exceptional cases, writs of mandamus and prohibition are allowed. Review under the Interlocutory Appeals Act may be permitted too.
Class Action Requirements
- So numerous joinder is impracticable, 2. Common questions of law or fact 3.named party’s interest is typical 4.representative is adequate 5. Falls into permissible category
Writ of Mandamus
To issue a writ, a plaintiff must show that they have no other adequate means to obtain the relief desired and that the trial courts action seriously abused their power and must be remedied
