Civil Procedure

Question 1

Complete Diversity of Citizenship exists when

Answer 1

No plaintiff shares state citizenship with any Defendant.

Question 2

Citizenship for class action lawsuits is determined by

Answer 2

the domicile of all named class members

Question 3

Diversity Jurisdiction for class actions are determined by

Answer 3

(1) the citizenship of all named members
(2) one of their claims exceeds $75,000.

Question 4

Properly on Diversity Jurisdiction, another plaintiff may invoke supplemental jurisdiction on an additional claim if

Answer 4

(1) the claim asserted arises from the same common nucleus of operative facts as the first claim
(2) complete diversity is not destroyed.

Question 5

The elements of diversity jurisdiction are

Answer 5

(1) complete diversity of citizenship
(2) state law claim(s) that exceed the statutory amount in controversy

Question 6

The statutory amount in controversy is

Answer 6

(1) $75,000
(2) exclusive of interest, costs, and fees in bringing the action
(3) inclusive of attorney’s fees recoverable by contract and interest that is part of the claim.

Question 7

A state law claim exceed the statutory amount in controversy when

Answer 7

A plaintiff makes a good faith allegation that the amount of their claim exceeds $75,000.

Question 8

Alienage Jurisdiction is a case or controversy

Answer 8

(1) between a citizen of a U.S. state and a citizen of a foreign country
(2) that exceeds $75,000

Question 9

Alienage Jurisdiction is denied when

Answer 9

the foreign citizen is admitted to the U.S. for permanent residency and is domiciled in the same state as the opposing U.S. citizen.

Question 10

Under the Erie doctrine, a federal court

Answer 10

(1) on diversity jurisdiction applies state substantive law and federal procedural law.
(2) on federal question jurisdiction applies federal substantive and procedural law.

Question 11

The state citizenship of an individual is determined by

Answer 11

the state of their permanent home to which they intend to return as evidenced by their employment, voting, ID’s, birth, marriage, family, etc.

Question 12

The state citizenship of a corporation is determined by

Answer 12

(1) every state in which the corporation is incorporated
(2) the 1 state in which it maintains the corporation’s principal place of business.

Question 13

A corporation’s principal place of business is

Answer 13

it’s nerve center.

Question 14

A corporation’s nerve center is

Answer 14

the state from which the high-level officers direct, control, coordinate the business activities.

Question 15

A corporation’s nerve center is not

Answer 15

the place of physical operation

Question 16

Aggregation is permissible if

Answer 16

(1) single plaintiff asserting unrelated claims against single defendant
(2) multiple plaintiffs assert one joint right or title against a single defendant.

Question 17

Generally, aggregation is NOT permissible if

Answer 17

(1) single plaintiff asserting unrelated claims against multiple defendants

Question 18

When subject matter jurisdiction is solely on diversity in state court, a defendant may/may NOT

Answer 18

(1) remove to federal court
(2) NOT remove to federal court if they are a citizen of the state where plaintiff filed

Question 19

When subject mater jurisdiction is solely on diversity in state court, a plaintiff may NOT

Answer 19

(1) remove to federal court
(2) consent (waive) to defendant’s removal.

Question 20

A second plaintiff has permissive joinder of their claim on supplemental jurisdiction if

Answer 20

(1) their joinder of the claim arises from the same common nucleus of operative fact as the first plaintiff’s diversity claim
(2) their joinder as a party does not destroy complete diversity.

Question 21

A party’s citizenship for purposes of diversity is determined at the time

Answer 21

the lawsuit is filed

Question 22

The amount in controversy requirement in a class action lawsuit is satisfied if

Answer 22

any named class representative’s claim exceeds $75,000.

Question 23

Intervention as a matter of right occurs when

Answer 23

(1) the intervenor claims an interest relating to the property or the transaction that is the subject of the action
(2) the action may adversely affect that interest by their not intervening

Question 24

Fed in diversity

Answer 24

Eerie,
if stat or FRCP on point, apply it to case if valid under Rules Enabling Act b/c prac. or proc. and not modify sub. right

if no FRCP, state sub law if clear substant.

if no FRCP, state law unclear proc. or sub. then (i) outcome determination (ii) balance of interest
(iii) forum shopping

Question 25

Compulsory Party Joinder

Answer 25

indispensable party
should be joined b/c
(i) no complete relief among parties (no joint and sev. liability)
(ii) party has interest not adequately protected or litigating parties may incur mutliple obligations

Question 26

equitable and legal claims

Answer 26

jury to try legal first
judge bound by facts found when try equitable second

Question 27

claim preclusion (collateral estoppel)

Answer 27

final judgment
on the merits (default, w/ prej)
exact Ps v. exact D’s
same claim/COA

Question 28

issue preclusion (res judicata)

Answer 28

judgement
binds parties (and privies)
in later COAs between them (or privies)
on ISSUES ACTUAL LITIG and ESSENTIAL

Question 29

relief from judgment

Answer 29

assert w/in reason time (<1yr)
(1) mistake, inadvertence, surprise, excusable neglect
(2) new evidence by due dil. not discoverable until after expy of mot for new trial
(3) fraud/miscond of adv. party

reasonable time
(4) judg. void
(5) prior judg which now based vacated, reversed,

any time
(6) subj. matter