Civil Procedure Flashcards
Subject Matter Jurisdiction
In order for a court to be able to hear a case, there must be subject matter jurisdiction. Unlike state courts, which have an unlimited subject matter jurisdiction, federal courts can have subject matter jurisdiction in only limited situations. The case can be based on Federal Question jurisdiction, Diversity of citizenship, Supplemental Jurisdiction, and Removal Jurisdiction.
Federal Question
A federal court will have subject matter jurisdiction under federal question if in the complaint, the claim arises under federal law. The well pleaded complaint rule stipulates that the claim must appear on its face in the complaint in order to be valid
Diversity Jurisdiction
A federal court will have subject matter jurisdiction over a case if diversity of jurisdiction is invoked. In order for diversity jurisdiction to apply there must be 1. Diversity of citizenship such that the citizenship of the individuals on the plaintiff side are completely diverse from that of the individuals on the defense and 2. There must be an amount in controversy that exceeds $75,000.
• Complete Diversity: Complete diversity refers to the citizen ship of the litigants. Citizenship for individuals is determined where an individual is domiciled and for corporations it is where it is domiciled as well as where the pprinciple place of business is.
• Amount in controversy: The amount in countroversy refers to the amount of damages that are at issue in the case. If the amount in controversy is met then diversity is available. If not, a single plaintiff may aggregate claims against a single defendant to reach $75,000 or a single plaintiff may aggregate claims against multiple defendants to get to the amount.
Supplemental Jurisdiction
Supplemental jurisdiction allows a court with valid subject matter jurisdiction to exercise jurisdiction of additional claims that arise from the same case or controversy. A case arises out of the same case or controversy if they have the same common nucleus of operative fact such that they arise out of the same transaction or occurrence
Removal Jurisdiction
A federal court can exercise supplemental jurisdiction over a case if it was validly removed from state to federal court. A case can be removed if it 1. Presents a federal question and 2. Is based upon diversity jurisdiction and the defendant is not a citizen of the forum state
Erie/choice of law
Under the erie doctrine, generally if there is a conflict between federal and state law, the issue will turn on if the controversy is over substantive or procedural law. If the issue is one of procedure then the federal court will apply the federal rule on point. But if the issue is a substantive one, the court will apply the state law.
Discovery
Discovery is generally permitted with regard to any non-privileged matter relevant to any party’s claim or defense. Information in discovery need not to be admissible in evidence to be discoverable. However, a party must take reasonable steps to preserve evidence that should have been preserved in the anticipation of litigation. If it is not preserved the court, upon finding prejudice, may cure the prejudice or dismiss the action or enter in a default.
• Work Product: material that is prepared in anticipation of litigation. It is protected from discovery and need not be prepared by a lawyer. It can be prepared by the party itself or by a representative of a party.
• Privilege: a party can object to a discovery request on the basis of privilege. Marital communication, attorney-client, doctor patient are some that may be asserted
Claim Preclusion( Res Judicata)
Claim preclusion is an affirmative defense. A party that has had an opportunity to litigate a claim cannot re-litigate the claim once final judgment has been rendered. The new claim will be precluded if: there is the same parties (e.g., same P against same D), same claim (claim refers to the transaction or series of transactions or occurrences giving rise to the action), and there is a final judgment on the merits (judgment is final even if being appealed
Issue Preclusion:
Prevents re-litigation of particular issues of fact or law that have been actually litigation and previously determined. Issue must have been actually litigated which is different than claim preclusion that only requires an opportunity to litigate. The requirements are: a final judgment on the merits, same issue, issue was essential to the judgment, and asserted against actual party to previous case.
• Mutuality
only parties to prior litigation can assert issue preclusion but the modern view is non-mutuality meaning that issue preclusion may be asserted by those who were not parties in the prior litigation
Injunctions
Preliminary injunctions: Maintain the status quo until the court can adjudicate the underlying claim on the merits. The burden is o. the applicant to show: 1. She is likely to suffer irreparable harm; 2. She is likely to win on the merits; 3. The balance of hardship favors her and; 4. The injuction is in the public interest. While a defendant must be given notice for preliminary injunction, in a TRO, in can be granted ex parte for 14 days. It may be extended for anoth14 with a showing of good cause, but it is not to exceed 28 days
Service of Process
Service of process is the delivery to D by P of the summon and complaint. This must be done within 90 days of filing the case by any non-party aged 18 or older. Acceptable methods of service of process are personal service, substituted service left with third party at D’s “usual abode,” service upon D’s authorized agent, mail, or any method permitted under state law.
• Waiver: P may request that D waives service by mailing D the complaint and a formal request to waive service. If D waives, D extends time to answer to 60 days as opposed to the normal 21 days.
Waiving service does not waive the right to object to venue or jurisdiction
Permissive Joinder
Under permissive joinder, P seeks to join non-parties as co-Ps or co-Ds. Joining additional Ps relies on their willingness to join meaning P can refuse or agree to join and joining additional Ds lies in the hands of the P meaning D cannot refuse.
Permissive joinder is allowed where both same transaction or occurrence and common question of law or fact.
• Compulsory Joinder:
Absent party may be forced to join a case if they are deemed necessary parties.
o Necessary parties: absentees are necessary when either without the absentee, court cannot grant complete relief; absentee has legal interest that may be impaired; or absentee has an interest that creates risk of multiple or inconsistent rulings or obligations.
o There must be PJ over party and joining the absentee will not destroy diversity.
o Indispensable parties: if a necessary party cannot be join, ask whether the party is so indispensable that the case should be dismissed.
Impleader
Impleader allows D to join a non-party who may be liable to D for all or part of the claim brought by P against the original D. Allows D to assert claims for indemnity, contribution, etc
