Civil Procedure Flashcards
For federal question jurisdiction, the federal issue must be presented in…
the plaintiff’s well-pleaded complaint
For diversity jurisdiction, there must be ______ diversity between the parties
complete
For diversity jurisdiction, domicile or the corporation is…
place where incorporated and where the principal place of business is located
Individuals are domiciled where
they are present with intent to remain indefinitely
To establish diversity jurisdiction
Must be complete diversity between the parties and the amount in controversy must exceed $75,000
When can you aggregate dollar amounts?
If multiple defendants are jointly liable
Courts may exercise supplemental jurisdiction over additional claims so long as the claims….
arise out of a common nucleus of operative fact as the original claim
Under federal question jurisdiction, what are three ways the court can assert supplemental jurisdiction over additional claims
- P can bring state law claims that are related to the federal claim
- An additional P can bring a state law claim against D if related to the original P’s federal claim
- A D can bring a cross-claim against another D so long as the claim is related to the original P’s federal claim
Under federal diversity jurisdiction, what are three ways the court can assert supplemental jurisdiction over additional claims
- P can bring any state law claim related to the basis of the original claim
- An additional P can bring a related state law claim against the D so long as P does not destroy diversity
- D can bring a cross-claim against another D so long as it is related to the original claim
Courts have discretion to reject supplemental jurisdiction if: (3)
- The claims are complex or predominate the lawsuit
- The federal law claims are dismisses
- There are any other compelling reasons to decline jurisdiction
D may remove a case from state court to federal court if (4)
- Federal court has SMJ over the case
- For diversity jurisdiction, no Ds can be citizens of the state in which the claim was originally filed
- Motion for removal must be filed within 30 days of receiving the complaint
- All Ds must join in or consent to removal
Due Process requires
Minimum contacts and fairness (fair play and substantial justice)
Minimum Contacts requires (2)
Purposeful availment (reasonably foreseeable to be sued in the state) and relatedness (D’s conduct in relation to the action)
Specific jurisdiction
Action arises out of D’s conduct
General jurisdiction
D is essentially at home in jurisdiction
Considerations of fair play and substantial justice
- Interest of the forum state in adjudicating the matter
- Burden on the defendant of appearing in the case
- Interest of the judicial system in efficient resolution
- Shared interests of the states in promoting common social policies
Appropriate venue: Which federal district can the original action be filed in? (3)
- A district in which any defendant resides if all defendants reside in the state where the district is located
- Where a substantial part of the events or omissions occurred, or where the property is situated; or
- If neither of the above apply, venue is proper in judicial district where any D is subject to PJ
4 questions for transfer of venue analysis
- Is there PJ?
- Is there SMJ?
- Is venue appropriate in the new district?
- Is transfer to the new venue in the interest of justice?
Under federal question jurisdiction, _____ substantive law and _______ procedural law will control
federal
Under diversity jurisdiction, _______ substantive law and ________ procedural law will control
state; federal
3 types of state laws that are substantive under Erie
- Law that alters the calculation of damages
- Law regarding statute of limitations
- Laws that create evidentiary privileges
To obtain a temporary restringing order, a party must show (2)
- Immediate and irreparable injury would occur absent the TRO
- An effort was made to give notice to the opposing side (or the reason notice should not be required)
Court may grant TRO with/without opposing party present
without
Preliminary injunction requires notice…
to the opposing party and a hearing
To obtain a preliminary injunction, P must show (4)
- Likely to succeed on the merits
- Likely to suffer irreparable harm in absence of injunction
- Balancing the equities favors granting; and
- Injunction is in the best interests of the public
For corporations, service of process may be made on (4)
officer, managing agent, general agent, or agent appointed or authorized by law
Rule 12b motion to dismiss
Lack of SMJ, lack of PJ, improper venue
Lack of PJ, improper venue, and insufficient process must be raised….
at the first opportunity (the pre-answer motion or, if none, the answer
When may failure to state a claim or failure to join a necessary party under Rule 19 be raised (3)?
In any pleading, in a motion for judgment on the pleadings, or at trial
P may amend its pleading once as a matter of right within ____ days after service on D
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