CIVIL PROCEDURE

Question 1

Subject Matter Jurisdiction

Answer 1

(1) a federal question;
(2) diversity of citizenship among parties; or
(3) supplemental jurisdiction present.

SMJ not waived if party fails to raise at trial - may be raised at any time.

Question 2

Federal Question Jurisdiction

Answer 2

Plaintiff’s well-pleaded complaint alleges claim that arises under:
(1) federal law;
(2) U.S. constitution; or
(3) U.S. treaties.

Federal question must be present on face of complaint. Raising defense is not sufficient to trigger.

Question 3

Diversity of Citizenship Jurisdiction

Answer 3

(1) there is complete diversity of citizenship between all plaintiffs and defendants; and (2) amount in controversy exceeds $75,000.

Determined at time action is commenced.

Question 4

Diversity of Citizenship - Domicile

Answer 4

Citizenship determined by domicile.

Natural person:
(1) physical presence; and
(2) intent to remain in state indefinitely.

Corporations:
(1) principal place of business (corporation’s “nerve center”; officers direct, control, coordinate corporation’s activities); and
(2) any state where incorporated.

Question 5

Diversity of Citizenship - Amount in Controversy

Answer 5

Based on damages alleged in good faith in complaint, unless legally certain plaintiff cannot recover.

Plaintiff may aggregate claims against one defendant, or against multiple defendants if joint tortfeasors.

Question 6

Supplemental Jurisdiction

Answer 6

If federal court has SMJ over some of claims in action, then may exercise supplemental jurisdiction over additional state court claims when arise from same case or controversy. Must arise from a common nucleus of operative fact. Cannot be used to overcome lack of diversity. When jurisdiction based solely on diversity, federal court DOES NOT have supplemental jurisdiction to hear claims by or against additional parties if their presence in case would destroy complete diversity.

Question 7

Removal

Answer 7

D’s may remove action from state court to federal court in same state where claim filed if: (1) federal court has SMJ
(2) all D’s agree
(3) no D is resident of forum state (only if based on DC); AND
(4) removal sought within 30 days of summons/initial pleading (whichever period shorter).
P CANNOT remove case to federal court and case cannot be removed more than one year after commencement.

Question 8

Personal Jurisdiction - Traditional Bases

Answer 8

Court MUST have personal jurisdiction over defendant. If any of the four traditional bases are satisfied, court will have PJ over defendant:
(1) D is domiciled in forum state;
(2) Service of process occurs when D physically present in forum state UNLESS defendant was in state only to answer summons or brought there by fraud/force;
(3) Defendant consents; or
(4) Defendant wavies.

Question 9

Personal Jurisdiction - State Long-Arm Statutes

Answer 9

If none of traditional bases are satisfied, personal jurisdiction can be obtained by state long-arm statute. This requires that minimum contacts exist between defendant and forum state.

Sufficient minimum contacts exist when:
(1) General or specific jurisdiction is present; AND
(2) Does not offend traditional notions of fair play and substantial justice.

Question 10

Personal Jurisdiction - State Long-Arm Statutes - General Jurisdiction

Answer 10

General jurisdiction is present when the defendant is “at home” in forum state. Individual must be domiciled in state for general jurisdiction to apply.

Question 11

Personal Jurisdiction - State Long-Arm Statutes - Specific Jurisdiction

Answer 11

Specific jurisdiction exists when the claim arises out of defendant’s specific contact with forum state. Specific jurisdiction is present if:
(1) Defendant purposefully availed themselves to benefits of forum state; AND
(2) Defendant knew or reasonably should have anticipated that their activities in forum state made it foreseeable that they would be brought into court there.

Question 12

Venue

Answer 12

Venue is proper where:
(1) any defendant resides, if all defendants reside in same state;
(2) substantial portion of events or omissions giving rise to claim occurred or where substantial part of property located; OR
(3) if no district that satisfies (1) or (2), a district where any defendant is subject to personal jurisdiction.

Question 13

Transfer Venue to More Appropriate Forum

Answer 13

Federal court has authority to transfer case to another federal district for convenience of parties and witnesses and in interest of justice. New forum must have SMJ and PJ. The court will apply law of transferor forum. A motion to transfer to more appropriate forum should be denied if the case couldn’t have been filed there to begin with.

Question 14

Service of Process

Answer 14

Summons & Complaint must be served on D within 90 days of filing Complaint. Otherwise, court MUST: (1) dismiss action with prejudice; OR (2) order service be made within specified time. If P shows good cause for failing to serve, court MUST extend time for service.

Question 15

Service of Process - Who Can Serve

Answer 15

(1) at least 18 years old; AND
(2) not party to action

Question 16

Service of Process - Individual

Answer 16

Delivering summons and complaint to:
(1) individual personally
(2) someone of suitable age & discretion
(3) agent authorized by appointment/law
OR
(4) based on state law of forum state/where service made

Question 17

Service of Process - Corporation/Partnership

Answer 17

(1) based on state law of forum state/where service made; OR
(2) to officer, managing agent, general agent, or authorized agent.

Question 18

Service of Process - Foreign Defendant

Answer 18

Any manner not prohibited by international agreement.

Question 19

Erie Doctrine

Answer 19

When federal case brought under diversity of citizenship jurisdiction. Under doctrine, federal court applies federal procedural laws but must apply state substantive law.

Question 20

Permissive Joinder

Answer 20

Parties MAY join as plaintiffs or as defendants when:
(1) some claim made by each P and against each D arises out of same transactions /occurrences;
(2) question of fact or law common to all parties.

Question 21

Motion to Dismiss

Answer 21

Made prior to filing answer. Requires court to:
(1) consider facts in light most favorable to non-moving party; AND
(2) determine whether any basis upon which relief can be granted.

Question 22

Motion for Summary Judgment

Answer 22

Court will grant when:
(1) no genuine issue of material fact; AND
(2) movant entitled to judgment as matter of law.
Court MUST view evidence in light most favorable to non-moving party.

Question 23

Issue Preclusion (Collateral Estoppel)

Answer 23

Precludes party from attempting to re-litigate issues of fact/law that have already been determined by judge/jury on earlier claim.

Invoked if:
(1) valid & final judgment rendered;
(2) issue identical to issue decided in prior action;
(3) issue was actually litigated, determined, essential; AND
(4) party had full & fair opportunity to litigate in first action

Question 24

Final Judgment Rule

Answer 24

Party may only appeal from final judgment/decision. Final judgment is decision by court on merits that leaves nothing for court to do but execute judgment.