Civil Procedure

Question 1

Diversity Jurisdiction

Answer 1

Complete diversity of citizenship and the amount in controversy exceeds $75,000. P can agregatee all claims agaisnt single defendant. Also can aggregate multiple claims against multiple defendants if joint and severally liable. Multiple P’s however need to individually satisfy the AIC. Under no circumstances can the court hear divorce, child custody, alimony or probabte.

Question 2

Federal Question Jurisdiction

Answer 2

A cause of action arising under federal law. It must be stated on the face of the plaintiffs well-pleaded complaint to assert FQ. A defense or counterclaim will not trigger FQ.

Question 3

Citizenship for Diversity Purposes

Answer 3

Individuals are domiciled in one place and it is the place of permanent residence at the time the claim in filed. Permaenet residence with the intent to remain. Corporations are citizens everywhere they are incorporated and where they have their pricipal place of buisness. Partnerships and LLCs are domiciled where each partner is home. For class actions the diversity is by the named party in the class.

Question 4

Venue

Answer 4

Venue is proper in any state where all the defendants share a common domicile or 2. where a substantial amount of the circumstances that gave rise to the cause of action occurred. If both of those fail the fallback is any place where any defendant is subject to PJ.

Question 5

Compulsory Counterclaim

Answer 5

A counterclaim that arises out of the same transaction or occurrence as the original claim filed.

Question 6

Permissive Counterclaim

Answer 6

A claim that does not arise out of the same transaction or occurrence. Must satisfy SMJ.

Question 7

Removal

Answer 7

Allows the defendant to move a case from state court to federal court if the case could have originally been brought in federal court.

1. By the defendant; AND
2. Within 30 days of learning the grounds for removal.

FedQ: D may remove the case to federal court if the well-pleaded complaint discloses that the claim is based on federal law.

Diversity: Complete diversity, $75,000 AIC, AND a state where no defendant is a citizen.

Question 8

Venue

Answer 8

Venue is Proper

1. where any defendant resides if all the defendants reside in the same state
2. A substantial part were the acts, omissions or property is the subject of the action.
3. FALL BACK- NO district anywhere in the US satisfies 1 or 2. Then any place where 1 defendant is subject to PJ.

Question 9

Change of Venue

Answer 9

Proper Venue: the court may transfer the case to a more convenient forum for the parties or witnesses to any court where the case could have been originally filed. (SMJ, PJ, Venue.) Apply law or the transferor court.

Improper Venue:

1. Dismiss the case or
2. Transfer to a proper forum (PJ, SMJ, Venue)
   apply the law of the transferee court.

Question 10

Motion for Summary Judgement

Answer 10

A MSJ may be filed any time until 30 days after the close of discovery.

A MSJ must be granted if from the pleadings, affidavits, depositions and other discoverable material, when viewing the evidence in the light most favorable of the nonmoving party.

There is

1. No genuine dispute of material fact; AND
2. The moving party is entitled to a judgement as a matter of law.

NOT appealable.

Question 11

Collateral Estoppel (Issue Preclusion)

Answer 11

1. Final Judgement on the merits 2. Actually litigated 3. Same Issues 3. Essential to the judgement.

Question 12

Res Judicata (Claim Preclusion)

Answer 12

1. Same transaction or occurrence. 2. Same parties or in privity. 3. Final Judgement on the merits.