Civil Procedure Flashcards
Subject Matter Jurisdiction
Priority: High
A federal court is a court of limited jurisdiction and can only hear cases where it has Subject Matter Jurisdiction:
1. Federal quesitons
2. Diversity of citizenship
3. Supplemental Jurisdiction
Federal Question SMJ
Priority: High
A federal court has federal quesiton jurisdiction when a well-plead complaint alleges a claim that arises under:
1. federal law
2. the U.S. Constitution
3. United States treaties
- Plaintiff must be the one that alleges the federal right.
- Raising a defense under federal law does not count.
Divesity SMJ
Priority: High
A federal court has diversity of citizenship jurisdiction when, at filing, all plaintiffs are completely diverse from all defendants and the amount in controversy exceeds $75,000.
A party’s citizenship is determined by their domicile:
* Natural persons are domiciled by their home state, where they always intend to return
* Partnerships are domiciled in the states where each partner is domiciled
* Corporations are domiciled in the state of incorporation and principle place of business (headquarters)
* Personal Representatives adopt the domicile of the decedent or trustee
Amount in controversy must be alleged in good faith and may be aggregated among the claims against one or more defendants if jointly and severally liable. When valuing injuctive relief, consider the value to the plaintiff or the cost of compliance for the defendants.
- Defendants can be from same state and Plaintiffs can be from same state. But no plaintiff and defendant can be from the same state.
Supplemental Jurisdiction
Priority: High
A federal court has supplemental jurisdiction over state law claims when a well-plead complaint establishes SMJ over other claims and the claims arrise from the same case and controversy. Generally, the cases must arise from a common nucleus of operative fact and cannot be heard if they destroy diversity jurisdiction by adding additional parties.
Federal courts may decline extending supplemental jurisdiction if:
1. the claim raises a novel or complex issue of State law
2. claim substantially predominates over the federal SMJ claims
3. federal district court dismissed all claims over which it has federal SMJ
4. other compelling reasons
Removal
Priority High
A defendant may remove a case to federal court sitting in the state where the claim was filed if:
1. federal court has SMJ
2. all defendants agree
3. no defendant is a resident of the fourm state
4. removal is sought within 30 days of summons or service
- Plaintiffs cannot remove to federal court.
Personal Jurisdiction
Priority: High
A federal court must have personal jurisdiction over the defendant for its judgement to be binding. A federal court has the same PJ as the state court it sits in and is usually determined in two ways:
Traditional Basis
1. domicile
2. served in state while voluntarily present
3. consent
4. waiver
Long Arm
If defendant does not reside in forum, then state must have a long arm statute and satisfy a two prong test:
1. Defendant has sufficient minimum contacts for general (essentually at home in forum state) or specific (action underlying controversy inextricably connected to forum state).
2. It is fair and reasonable for the defendant to be used in the forum state (burden on defendant to prove otherwise)
- Burden is on the defendant to prove it is not fair or reasonable for long arm to apply.
Service of Process and Notice
Priority: High
Summons and Complaint must be served in a manner that can be reasonably calculated to put the defendant on notice of a pending action within 90 days of filing with the court, unless the plaintiff can show good cause for not serving within that time frame. Service may be made by any non-party person at least 18 years old.
*Service must be consistent with the due process clause
Service Upon Individuals
Priority: High
Service may be served by:
1. Delivering the Summons and Complaint personally;
2. to someone of suitable age and discretion dewlling or using the place of abode;
3. agent authorized to recieve on behalf of the individual
4. in a way authorized by state law for the forum
Service upon Corporation or Partnership
Priority: High
A corporation, partnership, or unincorporated association may be served:
1. in a way authorized by state law
2. by delivering the summons and complaint to an officer, managing agent, general agent, or authoried agent
Venue
Priority: High
Venue is property where, at the time the suit is filed:
1. any defendant domicile;
2. substantial portion of the claim occured;
3. substantail part of the property is located; OR
4. else, any court with PJ over defendant
Transfer of Venue
Priority: High
If the venue is proper, the venue may be tansfered to any court where the suit could have originally been brought for the convenience of parties or witnesses or in the interst of justice.
If venue was improper, the court must dismiss or transfer the case to a proper court if the interests of justice require.
- Following a transfer from a proper venue, the new court must apply the same substantive law as the original transferor court.
- Following a transfer from an improper venue, the new court applies it’s own substantive law.
Choice of Laws
Erie Doctrine
Priority: High
In a federal diversity case, the Erie doctrine requires a federal court to apply the state substantive law and the federal procedural law. Federal courts are required to interpret the state law in the same way the state courts would interpret the law, or predict how they would interpret the law if there are no controlling cases.
- Procedural Laws = civil procedure rules, statute o flimitations, burden of proof, rebuttable presumptions
- Substantive Laws = choice of law rules, statute of frauds, irrebutable presumptions, damages, statute of limitations that condition a substantive right, preclusion law.
Permissive Joinder of Parties
Priority: High
Multiple plaintiffs or defendants may joined to an action if:
1. Joint and several relief is asserted or claim arises out of the same transaction or occurance.
2. common question of law or fact
3. SMJ for all claims
- Misjoinder of a party will result in that party being dropped, not dismissal of suit.
Motion to Dismiss
Priority: High
A court may grant a defendant’s motion to dismiss prior to the filing of an answer if there is no basis upon which relief can be granted when considering the facts in the light most favorable to the non-moving party.
Motion for Judgement on Pleadings
Priority: High
The court may grant a motion by the plaintiff or defendant to render a judgement on the pleadings and strike one or more claims if it is made after the defendant has answered and states one of the following grounds:
1. lack of SMJ
2. lack of PJ
3. improper venue
4. insufficient process
5. insufficient service of process
6. failure to state a claim upon which relief can be granted
7. failure to join a necessary party
2-5 are waived if not raised in first responsive pleading.
