Civil Procedure

Question 1

What are the 3 types of Federal Subject Matter Jurisdiction?

Answer 1

(1) Federal Question
(2) Diversity of Citizenship
(3) Supplemental Jurisdiction

Question 2

Why can a federal court only hear cases where it has subject matter jurisdiction?

Answer 2

Because federal courts are courts of limited jurisdiction.

Question 3

When does Federal Question Jurisdiction exist?

Answer 3

When the claim arises under (a) federal law, (b) the U.S. Constitution, or (c) a U.S. treaty.

Question 4

What does Federal Question Jurisdiction require?

Answer 4

• P must be enforcing a federal right.
• Federal question MUST be present on the face of a well pled complaint.
• Raising a defense under federal law is NOT sufficient.

Question 5

What are the 2 requirements of Diversity of Citizenship jurisdiction?

Answer 5

(1) Complete diversity of citizenship at the time the action is commenced (No P can be from the same state as any D); AND

(2) Amount in controversy exceeds $75,000.

Based on damages alleged in good faith in
the Complaint, UNLESS it’s legally certain
that the P cannot recover the specified
amount.

Question 6

How is citizenship determined?

Answer 6

Citizenship is determined by domicile.

Question 7

How is citizenship determined for the 4 different types of parties?

Answer 7

(1) Natural Person: (1) residence, and (2) subjective intent to make the state their permanent home.

(2) Corporation: Has dual citizenship → the principal place of business + any
state where it is incorporated.

(3) Unincorporated Association: Deemed
to be a domiciliary of the state of every
partner/member/owner.

(4) Executor/Personal Representative:
Citizenship is that of the decedent or
person being represented.

Question 8

How is the amount in controversy determined for diversity jurisdiction?

Answer 8

The amount in controversy exceeds $75,000.

• It is based on the damages alleged in good faith in the Complaint, UNLESS it’s legally certain that the P cannot recover the specified
  amount.

Question 9

How does injunctive relief apply to the amount in controversy for diversity jurisdiction?

Answer 9

Injunctive Relief = the amount of the benefit to P or cost of compliance for D.

Question 10

Can claims be aggregated for the amount in controversy for diversity jurisdiction?

Answer 10

May aggregate claims against one D (or against multiple Ds if they are jointly and severally liable).

Question 11

What is supplemental jurisdiction?

Answer 11

Supplemental jurisdiction allows a party to bring a state claim in Federal Court that does not meet the requirement of Subject Matter Jurisdiction.

Question 12

When may a federal court exercise supplemental jurisdiction?

Answer 12

A Federal Court may exercise Supplemental Jurisdiction when such claim arises from a common nucleus of operative fact as the
other claims the court has SMJ over (the claims must arise out of the same transaction or
occurrence).

Question 13

What are the limits of supplemental jurisdiction?

Answer 13

− Supp. Jurisdiction CANNOT be used to
overcome a lack of diversity.

− It CANNOT be asserted if it would violate
complete diversity.

Question 14

When may a court decline to exercise supplemental jurisdiction?

Answer 14

A court MAY decline to exercise Supp. Jurisdiction
when:

a) a claim raises a novel or complex issue of State
law;

b) a claim substantially predominates over the
other claims which the court has SMJ;

c) the court dismissed all claims that had federal
SMJ; OR

d) in exceptional circumstances.

Question 15

What is the Domestic Relations Exceptions to Federal SMJ?

Answer 15

Federal courts MUST decline jurisdiction if a case primarily involves
domestic relations matters (divorce, alimony, child
custody/support issues).

− But, a court should NOT decline jurisdiction
when a domestic relations matter/issue is ancillary to the case.

Question 16

What are the requirements for a defendant to remove a case to federal court?

Answer 16

A defendant MAY remove a case to Fed. Court (in the district where the state court case was originally filed) if:

1) The federal court has SMJ;

2) All defendants agree;

3) No defendant is a resident of the forum state;
AND

4) Removal is sought within 30-days of service of
the Summons or receiving the initial pleading
(whichever is shorter).

*A plaintiff CANNOT remove a case to Fed. Court.

Question 17

What is the definition of an Abstention Doctrine?

Answer 17

Federal courts MAY abstain
from hearing a case when it would intrude upon the powers of another court.

Additionally, a court may stay a case arising from ambiguous state law to await the outcome of a pending state court case.

Question 18

What are the 4 different Abstention Doctrines?

Answer 18

(1) Pullman Doctrine - discretion to abstain when
a case arises from unsettled areas of state law, and a state court interpretation may remove the need to decide the case on federal grounds.

(2) Younger Doctrine – court may abstain from
hearing constitutional challenges to a state
action when it would interfere with a state
judicial proceeding.

(3) Colorado River Doctrine – court should abstain
when parallel (substantially the same) state and federal litigations are pending.

(4) Burford Doctrine – abstaining is appropriate if
federal adjudication would interfere with a state’s
administration of a complex regulatory scheme.

Question 19

What is Personal Jurisdiction?

Answer 19

Fed. Courts must have PJ over a party for its judgment to be binding.

− Fed. Courts can exercise PJ to the same extent as the State courts where the federal district court is located.

Question 20

What are the 2 categories of Personal Jurisdiction?

Answer 20

Personal Jurisdiction falls into 2 categories:

1) Traditional bases of jurisdiction; and
2) Long-arm Jurisdiction.

Question 21

What are the traditional bases of Personal Jurisdiction?

Answer 21

Traditional Bases of Jurisdiction:

a) Domicile;
b) Presence in the state when served;
c) Consent; OR
d) Waiver (appearing in the action without objecting).

*The above comports with Due Process requirements.

Question 22

What are the requirements of long arm jurisdiction?

Answer 22

Long Arm Jurisdiction – To assert PJ over a nonresident:

1) The State must have a Long-Arm Statute; AND

2) Comply with Constitutional Due Process Requirements – D has sufficient minimum contacts with the forum state so as not to offend
traditional notions of fair play and substantial justice.

Question 23

What are the 2 prongs of Constitutional Due Process Requirements for personal jurisdiction?

Answer 23

i) Prong 1 - Minimum Contacts (contacts + relatedness) – Either:

a) General Jurisdiction – contacts so substantial and of such nature that D is essentially at home; OR

i. Individuals = domicile in state
ii. Corporations = where Corp. is “at home” (usually where incorporated or headquartered).

b) Specific Jurisdiction – connection between forum state and underlying controversy AND lawsuit must relate/arise from D’s contact with the state.

i. Regularly occurring product sales in a state DOES NOT justify jurisdiction of a claim unrelated to those sales.

ii) Prong 2 - Fair Play & Substantial Justice (fairness) – Must be fair and reasonable for D to be sued in the forum state.

Question 24

Service of Process & Notice - Timing

Answer 24

Summons & Complaint MUST be served on D
within 90-days after filed with the court.

− Otherwise, the court must → (a) dismiss the
action without prejudice against that D; OR (b)
order that service be made within a specified
period of time.

Question 25

What are the requirements for a process server?

Answer 25

Service may be made by any person who is: (1) at least 18 years old, AND (2) not a party to the action.

Question 26

Method of Service - Definition

Answer 26

The method of service must be consistent with Due Process → reasonably calculated, to
make the parties aware of the action, and give them an opportunity to object.

Question 27

What are the methods of service for the 3 different types of defendants?

Answer 27

Individual → may be served: (a) personally;
(b) via someone of suitable age and discretion at the individual’s current dwelling or usual place of
abode; (c) via an agent (by appointment or by law); OR
(d) in accordance with state law of the forum state or where service is made.

Corporation, Partnership, or Association → may
be served: (a) in accordance with state law of the forum state or where service is made; OR
(b) to an officer or managing/general/authorized agent.

Foreign Defendant → may be served via any manner NOT prohibited by international agreement.

Question 28

Where is venue proper?

Answer 28

Venue is Proper in any district where:

a) any defendant resides (if all defendants are
residents of the forum state);

b) a substantial portion of the claim occurred;

c) a substantial portion of the property is located;
OR

d) if none of the above, then where any defendant
is subject to the court’s PJ.

Question 29

When is proper venue determined?

Answer 29

Proper venue is determined at the time the action was filed.

Question 30

May a court transfer venue if venue was proper at the time the case was filed?

Answer 30

If venue was proper when the case was filed, the court MAY transfer it if:

1) Needed for the convenience of the witnesses or in the interests of justice; AND

2) The case could have initially been brought in the
receiving court (court has PJ and SMJ).

Question 31

What must the court do if venue was improper at the time the case was filed?

Answer 31

If venue was improper when the case was filed, the court MUST either:

a) Dismiss the case; OR

b) Transfer the case to a proper court if the interests of justice require it.

Question 32

When will courts enforce a forum selection clause?

Answer 32

Courts will enforce a forum selection clause UNLESS special factors are present
(i.e. significant/unusual hardship, inequality of bargaining power).

Question 33

Erie Doctrine - Definition

Answer 33

Applies when a federal case is brought
under diversity of citizenship jurisdiction.

− Federal courts will apply federal procedural law, BUT must apply the substantive law of the forum state in which it sits.

Substance vs. Procedure:

Procedural Law = civil procedure rules, statute of limitations (except in limited circumstances), burden of proof, and rebuttable presumptions.
Substantive Law = choice of law rules, statute of frauds, irrebuttable presumptions, statute of limitations that condition a substantive right or have a borrowing statute.

When Substantive Federal Law Applies - Federal law will apply for matters governed by the U.S. Constitution, laws passed by Congress, and valid federal law that
preempts state law under the Supremacy Clause.

Question 34

Preliminary Injunction - Definition

Answer 34

Maintains the status quo pending the outcome of an action.

Question 35

What are the 2 requirements for issuing a preliminary injunction?

Answer 35

May be issued only:

1) upon notice to the adverse party; AND

2) if the moving party gives security/bond (used to reimburse non-movant for injury caused by the injunction if the moving party is not successful on the merits).