Civil Procedure

Question 1

SMJ

Answer 1

There are two main types of federal subject jurisdiction: (1) federal question jurisdiction and (2) diversity of citizenship jurisdiction. Diversity of citizenship jurisdiction requires complete diversity of citizenship, and the amount in controversy must exceed $75,000, excluding interest and costs. Complete diversity means that no plaintiff may share state citizenship with any defendant. The amount in controversy must be in good faith.

Federal question jurisdiction is available when a claim arising under federal law appears on the face of the plaintiff’s well-pleaded complaint.

Question 2

When is complete diversity satisfied? Where are individuals and corporations citizens?

Answer 2

Complete diversity means that no plaintiff may share state citizenship with any
defendant. For diversity purposes, an individual is a citizen of the state in which she is domiciled. A person is domiciled in their permanent home, where they plan to live indefinitely, and where they intend to return when temporarily absent.

For diversity purposes, a corporation is a citizen of every state in which it is incorporated and the one state in which it has its principal place of business. The corporation’s principal place of business is the place from which the corporation’s high-level officers direct and control the corporation’s activities

Question 3

Personal jurisdiction statutory requirement

Answer 3

The exercise of personal jurisdiction must be both authorized by state statute and constitutional. A federal court must analyze personal jurisdiction issues as if it were a state court in the jurisdiction. The federal court in a state will use that state’s long arm statute to determine whether it can exercise personal jurisdiction over the defendant.

If a state’s long arm statute authorizes personal jurisdiction to the maximum extent permitted by the Constitution, the “authorized by statute” prong merges with the “constitutional” prong.

Question 4

What are the requirements for specific personal jxn?

Answer 4

The exercise of personal jurisdiction must be both authorized by state statute and constitutional. The exercise of personal jurisdiction must be constitutional under the Due Process Clause of the Fourteenth Amendment. An exercise of jurisdiction may be specific or general.

If the cause of action arises from or relates to the defendant’s contact with the
forum, specific jurisdiction is possible. Specific jurisdiction means a exercise of personal jurisdiction over the defendant for the instant cause of action only.For an exercise of specific jurisdiction to comply with the Due Process Clause, a defendant must have sufficient minimum contacts with a state such that the exercise of personal jurisdiction would not offend traditional notions of fair play and substantial justice. A defendant has minimum contacts with a state if they purposefully avail themselves of the benefits of the state. Then, courts look to the sufficiency of those contacts to see whether jurisdiction is fair and reasonable.

Question 5

What are the requirements for general personal jxn?

Answer 5

The exercise of personal jurisdiction must be both authorized by state statute and constitutional. The exercise of personal jurisdiction must be constitutional under the Due Process Clause of the Fourteenth Amendment. An exercise of jurisdiction may be specific or general.

General jurisdiction is personal jurisdiction over the defendant for all causes of
action. To subject a defendant to general jurisdiction in a forum state, the defendant must be “at home” there. For a corporation, the paradigms for being “at home” are the states of incorporation and the state where the corporation has its principal place of business.

Question 6

When may a court grant summary judgment?

Answer 6

Summary judgment must be granted if, from the pleadings, affidavits, and
discovery materials, it appears that there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. A motion may be supported by depositions, documents, affidavits, or other discovery materials. Evidence is viewed in the light most favorable to the nonmoving party. The moving party must produce evidence to show there is no dispute of material fact. If so, the burden shifts to the nonmoving party–they must counter that evidence with his own to show there is a genuine issue of fact for trial.

Question 7

Claim preclusion

Answer 7

A claim that has been litigated to a final judgment on the merits may not be relitigated by the parties. For claim preclusion to apply, (i) there must have been a valid, final judgment on the merits, (ii) both parties must be the same (or be in privity with a party in the prior suit), and (iii) the new action must involve the same cause of action (i.e., must arise out of the same transaction or occurrence)

Question 8

Issue preclusion

Answer 8

Issues that were actually litigated, decided, and essential to a final judgment on the merits cannot be litigated again. For issue preclusion to apply (i) the issues in both actions must be the same, (ii) there must have been a final judgment as to that issue, (iii) the party against whom collateral estoppel is asserted must have had a fair opportunity to be heard on the matter, and (iv) the posture of the case must be such that it would not be unfair or inequitable to apply collateral estoppel

Question 9

When may a party move for a renewed judgment of law?

Answer 9

A judgment as a matter of law must be made at some point during the trial, prior to its submission to the jury, in order to move for a renewed JMOL. A party is limited to the grounds raised in the initial JMOL. The party must make the renewed motion for JMOL within 28 days of the judgment.

Question 10

When may a court grant a JMOL?

Answer 10

To grant a motion for JMOL or a renewed motion for 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 a light most favorable to the nonmoving party and without considering the credibility of witnesses

Question 11

When may a new trial be granted?

Answer 11

A new trial may be granted because of some serious error that occurred during the trial (for example, an error in the admission of evidence, error in instructing the jury, the verdict is excessive, etc.). In theory, a new trial could be granted if the jury’s verdict is against the weight of the evidence, but the judge may not replace the jury verdict with the verdict he would have reached, so it must be a serious error in the judgment

Question 12

What is subject to discovery? What is not?

Answer 12

Generally, discovery may be had of any matter not privileged that is relevant to the claim or defense of any party, including the identity of persons having knowledge of relevant facts. The costs of discovery and the needs of the case also will be considered. Work product of lawyers and others prepared in anticipation of litigation is discoverable only on a showing of substantial need and to avoid undue hardship in obtaining the material from other sources.

Question 13

On a showing of good cause, the court could order disclosure of ___ ____that is ______ to the subject matter of the current litigation

Answer 13

On a showing of good cause, the court could order disclosure of any information (e.g., driver’s safety record) that is relevant to the subject matter of the current litigation.

Question 14

Removal

Answer 14

A defendant in a state court case may remove that case to federal court if it could have been filed originally in federal court. The petition for removal must be filed within 30 days of formal receipt of the complaint

Question 15

Venue in a diversity case–is venue procedural? Is a forum selection clause permitted?

Answer 15

To transfer venue, the court must determine whether venue has been properly laid, and, if so, whether any basis for transfer of venue exists.

Under the Erie doctrine, a federal court sitting in diversity must apply substantive state law, but it will apply federal procedural law. If there is a federal directive on point, such as a federal rule of procedure or a federal statute, and it is valid, it will be applied. In the instant case, venue is strictly a procedural matter that is exclusively determined by federal venue laws.

Federal law determines the enforceability of forum selection clauses. Federal law will generally allow for enforcement of forum selection clauses

Question 16

When is venue proper?

Answer 16

Under 28 U.S.C. section 1441(a), when a case is removed from state court to federal court, venue is set in the federal district court that embraces the state court in which the action was pending. Venue is proper in the state where a (i) substantial part of the events giving rise to the claim occurred or (ii) the state where all defendants reside, if such a state exists.

Question 17

When is transfer proper? What law applies?

Answer 17

Transferor. Under the venue statutes, when venue in the original action is proper, the federal court, in the interests of justice, may transfer the case for the convenience of the parties and witnesses to another venue in which the action might have been brought or to which the parties have consented: considering the rules for venue, personal jurisdiction, and subject matter jurisdiction. The court will usually apply the law of the transferor forum unless there is a valid forum selection clause. A motion to transfer to a more appropriate forum should be denied if the case could not have been filed there to begin with.

This differs from a “transfer to the proper venue” where a case is filed in the wrong venue. If transferred, the transferee law would apply.

Question 18

What is the validity of a forum selection clause? What law applies?

Answer 18

Transferee. When the parties have agreed to a valid forum selection clause, a district court should ordinarily transfer the case to the forum specified in that clause. Only under extraordinary circumstances unrelated to the convenience of the parties should a section 1404(a) motion be denied when there is a valid forum selection clause; that is, only public interest factors will be considered.

Public interest factors include (i) what law applies; (ii) what community should be burdened with jury service; and (iii) desire to keep local action local. Public interest factors will rarely oust the parties’ choice of forum in a forum selection clause.

When transfer is based on a forum selection clause, the law of the transferee court is applied.

Question 19

How does one remove an action?

Answer 19

The first step is to file a notice with the federal district court and division in which the action is pending. All defendants must join in the removal. Copies of the notice must be sent to the opposing parties and to the state court.

Notice of removal must be filed within 30 days after the defendant obtains a copy of the complaint. Notice must contain the grounds for removal. If the ground for removal is that diversity exists, the action cannot be removed from state court after one year has passed since its filing unless bad faith by the plaintiff can be shown.

Question 20

Notice of removal must be filed within ____ days after the defendant obtains a copy of the complaint. What must the notice contain?

Answer 20

30. Notice must contain the grounds for removal. If the ground for removal is that diversity exists, the action cannot be removed from state court after one year has passed since its filing unless bad faith by the plaintiff can be shown.

Question 21

If the ground for removal is _____, the action cannot be removed from state court after _____ ____ have/s passed since its filing unless ___ ____ by the ______ can be shown.

Answer 21

If the ground for removal is diversity, the action cannot be removed from state court after one year has passed since its filing unless bad faith by the plaintiff can be shown.

Question 22

When may plaintiffs join? When must they?

Answer 22

Parties may be permissively joined as plaintiffs or be joined as defendants whenever: (i) some claim is made by each plaintiff and against each defendant relating to or arising out of the same series of occurrences; and (ii) there is a question of law or fact common to all the parties.

Question 23

What is required by supplemental jurisdiction?

Answer 23

Supplemental jurisdiction requires that the supplemental claim arise from the same nucleus of operative fact as the claim that invoked original federal subject matter jurisdiction.

The addition of a plaintiff by means of supplemental jurisdiction cannot destroy complete diversity. 28 U.S.C. section 1367(b) possibly prohibits the use of supplemental jurisdiction in diversity cases for claims by plaintiffs against impleaded parties, against: compulsorily or permissively joined parties and intervening parties.

Claims by compulsorily joined plaintiffs or by plaintiffs seeking to intervene may not be heard under the court’s supplemental jurisdiction. Supplemental jurisdiction may not be used by a plaintiff to add a claim against a nondiverse party if the sole basis for the jurisdiction is diversity.

Question 24

May a motion for judgment on the pleadings be appealed?

Answer 24

Ordinarily, only a final order is appealable. A final order is one that disposes of the whole case (i.e., all claims and all parties) on the merits.

Under the Federal Rules, when multiple claims or multiple parties are involved in an action, the court may enter a final judgment as to fewer than all of the claims or parties on (i) an express determination that there is no just reason for delay, and (ii) an express direction for the entry of judgment.

Unless the trial judge makes the express determination, the order determining the merits of fewer than all of the claims or dismissing fewer than all of the parties is not a final judgment and is not appealable.

Question 25

A ____ ____ is one that disposes of the whole case—i.e., all claims and all parties

Answer 25

A final order is one that disposes of the whole case—i.e., all claims and all parties

Question 26

When may discretionary review be available under the Interlocutory Appeals Act?

Answer 26

Under the Interlocutory Appeals Act, review is discretionary and may be available when: (i) the trial judge certifies that the interlocutory order involves a controlling question of law, as to which there is substantial ground for difference of opinion, and immediate appeal from the order may materially advance the ultimate termination of the litigation; and (ii) the court of appeals then agrees to allow the appeal.

Question 27

When must a federal court abstain from hearing a case in light of the pendency of the state court case?

Answer 27

Unless an abstention doctrine applies, nothing prohibits a federal court from hearing a case that is pending in state court. The primary reason a federal court will abstain from hearing a case is when the constitutionality of a state statute is at issue.

Question 28

What are the requirements to certify a class action?

Answer 28

IC-T. In determining whether to certify a class action, the court will look to see if the class action requirements under the federal rules have been satisfied. The class must be so numerous that joinder of all members is impracticable. The class must have common questions of law or fact. The named party’s interest must be typical of the class and his representative must be able to fairly and adequately represent the absent class members.

The action must fall into a 23(b) category: (i) risk of inconsistent results or risk that separate trials would impair rights of all plaintiffs; (ii) defendant must have acted or refused to act on grounds applicable to the whole class and injunctive or declaratory relief would be appropriate; (iii) common questions of law or fact predominate and class action is superior method of adjudication

Question 29

Temporary restraining order

Answer 29

A TRO can be issued without notice to the adverse party in limited circumstances and for a limited time.

To secure a TRO without notice, the plaintiff must show a risk of “immediate and irreparable injury.” The TRO lasts only as long as the court considers and resolves a request for a preliminary injunction, but not longer than 14 days unless the court extends for good cause with the adverse party’s consent.

Question 30

A preliminary injunction is equitable relief with the objective of preserving the status quo. If granted, the matter must be tried within six months unless the parties stipulate or good cause is shown. The adverse party must have notice form the court. The court considers four factors.

[HELP].

(1) the significance of the threat of irreparable Harm to the plaintiff if the injunction is not granted. (2) The Evaluation of injury between this harm and the injury the injunction would inflict on the defendant. (3) the Likelihood that the plaintiff would succeed on the merits, and (4) the Public interest.