Civil Procedure Flashcards
What is personal jurisdiction?
Determines the court’s power over the parties involved in the case.
-Court automatically has power over P, who filed
-Question is whether D has sufficient contacts with forum state so that exercise of PJ is fair and reasonable.
What is the two-step analysis for PJ?
- Does the exercise of PJ fall within a state statute?
- Does exercise of PJ satisfy the Constitution?
(Analysis in federal court is the same as in a state court)
What are long-arm statutes?
State statutes that grant a state PJ over nonresidents who perform or cause certain things within the state. May align perfectly with the constitutional analysis or have a laundry-list of actions.
What is the constitutional step of the PJ analysis?
Ask if the defendant has such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice. Factors in the test are: contact, relatedness, and fairness.
How do you analyze the contacts in PJ?
There must be relevant minimum contacts between D and the forum state. This comes down to purposeful availment (a voluntary act targeting the forum) and foreseeability (that D could be sued there)
How do you analyze relatedness in PJ?
Ask if P’s claim arises from or relates to D’s contact with the forum. If yes, then there is specific PJ. If no, then you must determine if there is general jurisdiction.
What is general jurisdiction?
Arises when D is at home in the forum state.
- Individuals: where they are domiciled (or if they are served with process in the state)
- Corporations: where corporation is “at home,” i.e. where it is incorporated and where it has its principal place of business
When do you analyze fairness for PJ?
For specific PJ only - whether PJ would be fair/reasonable under the circumstances. Consider:
- burden on D and witnesses
- forum state’s interest
- P’s interest
What is notice?
Makes D aware of suit against them. Must be “reasonably calculated, under all the circumstances,” to apprise interested parties of the action.” Must be given a summons and a copy of the complaint.
Who can serve process?
Anyone who is at least 18 years old and not a party to the action.
When must process be served?
If in the United States, within 90 days of the filing of the complaint.
How is process served to individuals in the US?
-Process given to D personally at any location;
-Substituted service (1) at D’s place of residence (2) with someone of suitable age and discretion (3) who resides there;
-With D’s agent if receiving service is within scope of agency; OR
-In accordance with the law of the state where the federal court sits or where service is made
How do you serve a business or organization in the US?
-Deliver to an officer of the company OR
-Use a method permitted by the state where the federal court sits or where service is made
How does waiver of service work?
P mails D a notice and request to waive service. If D executes and mails the waiver form to P within 30 days (or 60 days if outside the US), they waive service of process.
If service is waived, it is effective as of the date P filed the waiver in court.
If D does not waive, they have to pay the costs of service.
When is a party immune from service?
If D goes to the state to appear as a party, witness, or attorney in a different civil case in that state.
What is SMJ?
A determination of the court’s power over the case. State courts have general SMJ, while federal courts are limited in the type of cases they can hear.
Can a lack of SMJ be waived?
No - the judgment is void if the court hears the case.
What are the two types of SMJ?
Federal question and diversity of citizenship.
What are the requirements for diversity/alienage SMJ?
- Case is between citizens of different US states OR a citizen of a US state and a citizen of a foreign country AND
- Amount in controversy **exceeds ** $75,000
*Alienage does not work if the alien is a green card holder domiciled in the same state as a party on the other side of the case.
When does complete diversity not exist?
If any plaintiff is a citizen of the same state as any defendant, as determined when the case is filed.
What is the citizenship of a natural person?
The one US state where they are domiciled. They must have (1) physical presence in the state and (2) the intent to make that place their home indefinitely.
What is the citizenship of a company?
-Incorporated: any state where it is incorporated and the one state where it has its principal place of business (nerve center)
-Unincorporated: the citizenships of all of its members
What citizenship do you use for representatives and class actions?
-Representatives: the citizenship of the person they are representing (the minor, decedent, or incompetent)
-Class actions: citizenship of the named representatives
How do you calculate the amount in controversy?
What the plaintiff claims in good faith in the complaint, unless it is clear to a legal certainty that they cannot recover more than $75,000
Can you aggregate claims to meet the amount in controversy requirement?
Yes, any single plaintiff may aggregate all claims against a single defendant, even if unrelated.
In equitable actions, how do you determine if the amount in controversy was satisfied?
Look at either:
-P’s POV: did they request relief that has a value of more than $75,000 to the plaintiff?
-D’s POV: if granted, will the relief requested by P cost D more than $75,000?
Is it permissible for P to act to create diversity?
P cannot undertake a sham transaction to create diversity, but they can voluntarily change their state citizenship before the case commences to do so.
When is there federal question jurisdiction?
When P’s claim arises under federal law. The claim itself must arise under federal law (so ask if they are enforcing a federal right)–simply raising a federal issue in the complaint is not enough.
What is removal?
Defendant can remove a case from state to federal court if the case could have been filed in a federal court (i.e., there must be federal SMJ - if there is not, it will be remanded to state court).
How is removal effectuated?
Defendant files a notice of removal in federal court stating the grounds. Then, D promptly serves copy of the notice of removal on adverse parties and files a copy of the notice of removal in state court. This must occur no later than 30 days of service of the first paper that shows the case is removable.
Who can remove, and who must join the removal?
All defendants who have been served must join (earlier-served Ds can join in removal of a timely later-served D even though their own 30-day period has expired).
Plaintiffs cannot ever remove, even if D files a counterclaim against them.
What are the two limitations to removing cases based on diversity of citizenship?
- Case should not be removed if any D is a citizen of the forum state
- Case should not be removed more than one year after the case was filed in state court.
What is the removal venue?
The federal district court embracing the state court where the case was filed, regardless of whether it would have been a proper venue under the venue statutes.
How must P remand the case back to state court?
Move to remand no more than 30 days after the filing of the notice of removal. If, however, removal was improper because of a lack of SMJ at the federal court, there is no time limit on ordering remand.
What is supplemental jurisdiction?
It gets claims into a federal case, even though the claims cannot use diversity or FQ SMJ. The case must already be in federal court with federal SMJ, and the claim must arise from the same common nucleus of operative fact.
What are the limitations on the use of supplemental jurisdiction in diversity cases?
DIVERSITY ONLY: claims by plaintiffs generally cannot invoke supplemental jurisdiction EXCEPT in cases where there are multiple plaintiffs, diversity of citizenship is met, and the claim by one of them does not meet the amount in controversy requirement. There is really only one fact pattern that will trigger this.
Must the court hear a claim that qualifies for supplemental jurisdiction?
No, the court has discretion to decline it, typically in situations where the claim on which federal SMJ is based is dismissed early in the litigation.
What is the Erie doctrine?
In a diversity action, determines whether the court will appl state or federal law to the issue.
What are the steps to an Erie analysis?
- Is there some federal law on point that directly conflicts with state law (FRCP if arguably procedural, FRE, Const.)? Apply that law, so long as it is valid.
- If there is no federal law on point, apply state law if issue is “clearly substantive.” This includes issues on conflict of law, elements of claims/defenses, statutes of limitations, rules for tolling of SoL, and standard for granting new trial because of excessive/inadequate jury damages.
- If there is no federal law on point and issue is not clearly substantive, determine whether the issue is substantive. Weigh outcome determinative, balance of interests, avoiding forum shopping.
There is no general federal common law, but in what areas do federal courts make up common law on their own?
International relations, admiralty, disputes between states, right to sue federal officer for violating one’s federal rights.
What is venue?
Determines in which federal district a suit should be brought to federal court.
Where is venue proper?
Any district where:
-all defendants reside* OR
-a substantial part of the claim arose or a substantial part of the property involved in the lawsuit is located.
*If Ds reside in different districts of the same state, venue is proper where one of them resides.
Where do defendants reside for venue purposes?
-Human: in federal district where domiciled
-Business: in all districts where it is subject to PJ for the case
When is transfer proper?
Transfer is from one trial court in a judicial system to another trial court in the same judicial system. The transferee must be a proper venue and have PJ over the defendant. If all parties consent, court can transfer to any district if there is cause for the transfer.
If original district is proper, how does transfer work?
Court can order transfer based on convenience of parties and witnesses and in the interests of justice. Burden is on the person seeking transfer, and court will consider public and private factors.
Transferee court must apply choice of law rules of transferor court.
When does federal law enforce forum selection clauses?
When they are not unreasonable. When there is a valid FSC, only public interest factors are considered for transfer. When transfer is to enforce valid FSC, transferee court will apply its own choice of law rules.
How does transfer work when the original venue is improper?
The court may transfer in the interest of justice or dismiss. The transferee court will apply its own choice of law rules and not the choice of law rules of the transferor court (to prevent P from benefitting by filing in an improper forum).
What is forum non conveniens?
When there is another court that is at the center of gravity for the case but the federal district court can’t transfer because that court is in a different judicial system. Based on the same public and private factors.
