Civil Procedure Flashcards
Federal Court in Diversity
Federal court sitting in diversity to apply the choice-of-law rules of the state in which it sits
Not sitting in diversity
If the court is not sitting in diversity and is exercising federal question jurisdiction, federal law will apply and there is no need to examine applicable state law
Judgement as a matter of law (option to renew)
Option to make a renewed motion for judgement as a matter of law, following a judgement being entered against him. Party must renew its motion no later than 28 days after the judgement is entered against them
Denial of leave to amend
Courts may deny leave when the claim to be added is futile
Relation back of amendments
FRCP 15 a relation back of amendment that add a party WILL be permitted if the failure to name the party is the result of a mistake in identity
Closing of discovery
does not automatically foreclose the ability to amend a complaint to add a new party
Whether they will be prejudiced by being made a party at this stage is relevant to whether to allow the amendment, it is not dispositive
Futile
Claim against the competitor comes after the applicable limitations period expired, and amendment does not relate back under FRCP 15.
Federal court
must have both PJ & SMJ
personal jurisdiction (PJ)
refers to the ability of a court to exercise power over a particular D or item of property
subject matter jurisdiction
means the court has the power to adjudicate a certain kind of controversy.
In federal courts, two basic kinds: suits between citizens of diff states (diversity) suits involving a federal question
subject matter jurisdiction
means the court has the power to adjudicate a certain kind of controversy.
In federal courts, two basic kinds: suits between citizens of diff states (diversity) suits involving a federal question
Diversity
no other basis for federal jurisdiction generally must be complete diversity. No p is a citizen of the same state as any D
41(a(2) Permits a P to obtain a voluntary dismissal by filing a motion w/ the court
A dismissal order under FRCP is presumptively w/o prejudice, consistent w/ the woman’s goal of refilling an action at a later date
41(a)(1) a p may file a notice of dismissal w/o having to seek permission from the court
filing such a dismissal is available only until D answers or moves for summary judgement
Pleading amendment
a pleading may be amended once without the leave of the court within 21 days after the original pleading is filed
After the 21 window to amend a pleading as a matter of a course closes it allows courts to grant leave to amend when justice so requires.
Leave to amend a pleading denied
only if it would cause actual prejudice to the other party
Statute of Limitations runs out between the filing of the original complaint & the amendment
to avoid a time bar a litigant may argue that their amended pleading relates back to the date of the original pleading
Statute of Limitations runs out between the filing of the original complaint & the amendment
to avoid a time bar a litigant may argue that their amended pleading relates back to the date of the original pleading
An amendment relates back
when the date of the original pleading, when the claim or defense asserted in the amended pleading arose, out of the conduct, transaction or occurrence set out in the original pleading
Summary judgement
may be granted if for the pleadings, affidavits, and discovery materials it appears there is no genuine dispute of material fact (meaning a dispute backed by evidence on both sides of the issue), the case must go to trial
Affidavits
must be made on personal knowledge
A witness may testify to a matter only if the evidence introduced is sufficient to support a finding that a witness has personal knowledge of the matter
Motions opposing summary judgements
Must be supported with affidavits
affidavits must:
- be based on personal knowledge;
- set forth such facts as would be admissible during trial; AND
- show that the affiant is competent to testify
not merely own belief
Federal rules, notice pleading requirement
complaint must contain more than legal conclusions, but facts that make a claim plausible
The dismissal of the federal law claim does not divest the court of supplemental jurisdiction over the state law claim
if a P presents a colorable claim under federal law it will be sufficient to support supplemental jurisdiction over state-law claims that form part of the same case or controversy
The court may in its discretion, rely on the dismissal as a reason to discontinue hearing the state-law claim but it is not required to do so
