Civil Procedure

Question 1

Subject Matter Jurisdiction

Answer 1

Subject matter jurisdiction is the power a court has over a particular claim. There are two ways a court can get subject matter jurisdiction: (1) federal question; and diversity.

Federal question jurisdiction occurs when a party sues on a claim that is based on a federal statute or that deals with a federal law.

Diversity jurisdiction has two parts: (1) complete diversity; and (2) an Amount in Controversy that exceeds $75k
Complete diversity occurs when all of the plaintiffs are domiciled in a different jurisdiction than all of the defendants.
The Amount in Controversy must exceed $75k. However, a single plaintiff may aggregate multiple claims to get over that threshold.

Question 2

Personal Jurisdiction

Answer 2

Personal jurisdiction was traditionally found through: (1) domicile; (2) consent; or (3) service of process in the forum state while the party was voluntarily in it.
Domicile is where a party is living with the intent to permanently reside there.
Consent is consent
Involuntary reasons would be if a party was in a state because of fraud or was transported there against their will; OR if the party was in the state solely for an unrelated legal matter.

If one of the traditional methods does not suffice, one can look at a state’s long arm statute. A long arm statute typically extends as far as
Constitutional Due Process allows meaning that it has certain requirements to bring ensure that a party is ensured their Due Process rights.

Minimum Contacts (Purposeful Availment + Foreseeability)
Purposeful availment is when a party purposefully avails themselves of the benefits and laws of the state.
Foreseeability is whether or not it would be foreseeable for a party to be sued in that state

Relatedness - whether or not the cause of action is related to the party’s contacts in the state
Specific - cause of action is related to person’s contacts
General - cause of of action is unrelated to contacts. Use systematic and continuous contacts, especially for corporations

Fairness
Look at a variety of factors. Fairness to D, balance of state’s interests, balance of state/fed, P’s need for fairness.

Question 3

Venue

Answer 3

Venue is where a suit can take place. Venue is found anywhere a defendant resides if all Ds reside in the same state; any district where the cause of action arose; OR if either fails venue is proper wherever a district has PJ over the defendant.

For real property action, venue is where the property is. For contract actions, it is where the contract is executed or where the performance takes place.

If venue is proper, can transfer only if other venue is also proper. Can also transfer for forum non conveniens
If venue is improper, can only transfer to proper venue, if not must dismiss case.

Question 4

Service of Process

Answer 4

> 18 years old, served by a non-party. Can be done by: personal service; at home with person of suitable age; for orgs (with an agent of the organization); by certified mail; as a last resort, publication.

Question 5

Removal

Answer 5

Removal is proper if it is done within 30 days of service and done by the defendant (and all defendants agree), only can go from State to Federal court. The Federal court must have proper SMJ over the case as it originally stands. Cannot transfer if a defendant is a citizen of the forum state where the district court sits.

Question 6

Remand

Answer 6

Remand w/in 30 days of notice of removal. Removal must have been improper

Question 7

Discovery

Answer 7

Discovery
A party may discover all relevant evidence that would be useful in proving a fact/claim. A party may not discover privileged evidence unless it falls within an exception. A party may also discover evidence even if it is inadmissible if it would reasonably lead to admissible evidence later.

Meetings
There must be a discovery conference pursuant to FRCP 26(f), requires mandatory disclosure of things like: people to depose who may have information and evidence to be used at trial. (CA does NOT require this).

Meet and Confer
Before filing a motion to compel with the court, (which can be filed if a party is unreasonably delayed or unresponsive to discovery tools), need to have a good faith meet & confer.

Question 8

Appeals

Answer 8

Can be done in 30 days after final judgement. CA requires it be after appeals process is over which is after 60 days.

Question 9

Claim Preclusion (Res Judicata)

Answer 9

VSS: Valid final judgment; same parties (or their privies); same claim (traditional under the FRCP (can’t split up claims for example, personal injury and property damage in a car crash, would be precluded). CA uses priority rights, can split up claims).

Question 10

Issue Preclusion (Collateral Estoppel)

Answer 10

SAFE: Same issues; actually adjudicated; valid final judgment; essential to the prior judgment. Can be used if same plaintiff, new defendant. Or occasionally with offensive use: new plaintiff; same defendant.

Question 11

Discovery Tools

Answer 11

Basis for Objection
Must be specific and clear
Improper Discovery Device
Use the right discovery tool, request for documents must be used to get documents.

Mental/Physical Exam: Party can get an order to compel exam if it is done by a licensed examiner and if the mental/physical health of the other party is in question in the claim. Must also have good cause to do it.

Depositions: 10 Max; can get more with leave of court, parties and non-parties (need to subpoena).

Interrogatories: 25 Max

Question 12

Joinder of Claims

Answer 12

Counterclaim:
Compulsory: Same Transaction/Occurrence; supplemental j(x)
Permissive: not same transaction/occurance; needs independent j(x)

Question 13

Joinder of Parties

Answer 13

Permissive
Same transaction or occurrence, common question of law or fact. Can’t destroy diversity
Compulsory: Joinder will be compelled of necessary parties if feasible.
Party is needed for just adjudication if: complete relief cannot be given to existing parties in his absence; absentee’s interest may be harmed if not joined ;or absence would expose parties to substantial risk of double/inconsistent judgment.
NOT feasible if no PJ or joinder would destroy diversity. If indispensable, must dismiss the whole case.

Interpleader
Statutory: Nationwide service; any 2 claimants can be diverse; $500 or more at stake; (4) deposit money in court
Rule: No nationwide service; complete diversity between claimaint and all opponents; $75k requirement; no deposit

Impleader
Add a 3rd party defendant, supplemental if defendant is adding, not okay if plaintiff does it.

Cross Claim
Co-party; same transaction/occurence; actual damage

Question 14

Supplemental Jurisdiction

Answer 14

Supplemental Jurisdiction stand in place of subject matter jurisdiction of a claim if a court would not otherwise have been able to hear it. It requires that the claim share a common nucleus of operative fact and be from the same transaction/occurrence. Furthermore, in diversity cases, it may NOT be allowed if it destroys complete diversity.

Question 15

Adjudication (No Trial)

Answer 15

Motion for Judgement on the Pleadings
Essentially, the pleadings fail to state a claim.
JMOL
D can move after P presents case, or either can move for at the end of evidence before jury retires. Requires a showing, in light most favorable to non-mover, that no reasonable jury would be able to find sufficient evidence for the non-mover. Can file a renewed JMOL after verdict.
MSJ
Motion for summary judgment made on the facts, affidavits, evidence like that, must show in light most favorable for non moving party that there is no genuine dispute of material fact

Question 16

Jury Trial

Answer 16

Jury trials are guaranteed by the 7th Amendment for any case or controversy that is over $20 AIC, must be done w/in 14 days of last pleading.

A jury trial must be unanimous and at least 6 people under the FRCP. In CA they just need to be ¾ agree and 12 people. Both can be modified by stipulation. If claim is legal & equitable, legal claim gets adjudicated first (OPPOSITE in CA).

Question 17

Amendment

Answer 17

Can amend once for free before D answers. After that, requires court permission.

Relation back
If there is an additional claim, must relate to same transaction/occurrence. If it does, can add to relate back even if SOL has run.
If there is an additional party, must relate to same transaction/occurrence; party must have had notice; other party must have known but for a mistake, they would have been listed as the party.
CA also allows for a plaintiff to put in a “Doe” name and correct in 3 years

Question 18

Choice of Law (Erie)

Answer 18

Under the Erie doctrine, a U.S. district court sitting in diversity must apply the substantive law of the forum state where the district court sits and Federal procedural law. If it is unclear what type of law is in question they will use a variety of tests to determine which law to use. The tests are: the outcome determinative test (if the outcome depends on whether state or federal law is used, use state); forum shopping test (if the parties look to specific districts to get a specific type of outcome, use state law); and balance of the interests (balance fed/state law, use whichever has a better interest).

Question 19

Class Actions

Answer 19

Need, Common Question of Law or Fact, Adequate Representation, Numerosity, Typicality + Prejudice/Equitable Relief/Common Question of Law/Fact

Question 20

Sanctions

Answer 20

FRCP 11: Court may impose sanctions if they file a frivolous claim. Safe Harbor of 21 days. Sanction the attorney, not the party unless the party acts badly.

Question 21

Pretrial Documents

Answer 21

Pleadings: CA need fact; FRE need notice
Complaint: Identify parties; State a Claim; Demand Judgment; Signature
Response: 12b(6) motions