Civil Procedure Flashcards
Personal Jurisdiction
Four Traditional Bases for
Personal Jurisdiction
- domicile - D is domiciled in forum state
- service of process - D is personally served in forum state
- consent - D consents to jdx (express or implie)
- waiver - D substantially participates on the merits before aising objection (e.g., makign a general appearance)
Service of Process
Service Requirements
Within 90 days of filing of case D must be served with:
1. summons - formal notice of the suit
2. copy of complaint
Service of Process
Waiver of Service:
Effect of D’s Denial/Failure to Respond
if D does NOT waiver service –>
P MUST serve through another acceptable method
Service of Process
Waiver of Service:
Effect of D’s Agreement to Waive
D’s time to answer complaint extends to 60 days from the date waiver request was sent (as opposed to normal 21 days)
NOTE: waiving service does not waive right to object to venue or jdx!
Venue
Determining Proper Venue
Venue is proper where:
1. any D resides, if Ds all reside in same state
2. the claim or property is located - i.e., where
(a) a substantial part of events giving rise to claim occurred or (b) property at issue is located
3. any D is subject to PJ (if neither of the above provisions apply)
Law Applied by Federal Courts
Examples of Procedural Issues
under Erie Doctrine
Erie Doctrine
procedural = concerning processes & procedures
examples include:
* filing deadlines
* court rules & procedure
* discovery practices
* rules of evidence
Law Applied by Federal Courts
Examples of Substantive Issues
under Erie Doctrine
Erie Doctrine
substantive = concerning legal rights and duties
examples include:
* elements of claim or defense (including amount of damages available)
* burdens of proof
* statutes of limitations
Appealability and review
Appellate Standards of Review
- de novo - applicable to pure legal issues
- clear error - applicable to factual issues in bench trials
- substantial evidence - applicable to factual issues in jury trials
- abuse of discretion - applicable to discretionary rulings by judge
- legal issue = conclusions of law & jury instructions
- factual issue = credibility of witnesses and factual determinations/verdict
- discretionary ruling = injunctions & admissibility of evidence
Appealability and review
De Novo:
Level of Review
- no deference
- reverse if reasonably believe trial judge misinterpreted law
an appellate court reviewing district court’s interp of state law * must follow any rulings issued by state’s highest court while theappeal was pending
Appealability and review
Clear Error:
Level of Review
- high deference
- reverse if no reasonable judge would have made finding
Appealability and review
Substantial Evidence:
Level of Review
- high deference
- reverse if no reasonable jury would have made finding
Appealability and review
Abuse of Discretion:
Level of Review
- high deference
- reverse if decision was unreasonable/arbitrary
Appealability and review
Final-Judgment Rule
if court entered a final judgment –> appeal allowed
* final judgment = decision fully resolves merits of dispute, leaving nothing but enforcement
Appealability and review
Exceptions to Final-Judgment Rule
(“In Certain Circumstances, An Appeal Can Be Made Prematurely”)
“In Certain Circumstances, An Appeal Can Be Made Prematurely”
* I - Injunction (grant/denial)
* C - Certification by district court
* C - Class action certification
* A - Appointment of receiver
* A - Admiralty cases
* C - Collateral-order doctrine
* B - Bankruptcy cases (certain orders)
* M - Mandamus (petition for writ)
* P - Patent-infringement order (accounting left)
Appealability and review
Collateral-order Doctrine
Exceptions to Final-Judgment Rule
Collateral-order doctrine allows an immediate appeal from an interlocutory order that:
1.** conclusively resolves **an **important issue **that
2. is **separate from the merits **of the underlying claim and
3. cannot be effectively reviewed on appeal from a final judgment
Examples of collateral orders
* denying state 11A immunity
* denying gov’t official/employee immunity
* vacating attachment of vessel
* refusing to require security bond pursuant to state law
* remanding action to state court based on abstention
Posttrial Relief
- attorney’s fees [timing = ≤ 14 days after entry of judgment]
- judgment as a matter of law [timing = ≤ 28 days after entry of judgment]
- new trial [timing = ≤ 28 days after entry of judgment]
- alter/amend judgment [timing = ≤ 28 days after entry of judgment]
- correction of mistake [timing = freely OR w/ appellate court’s leave if docketed]
- extraordinary relief [timing = ≤ 1 uear after entry of final judment]
Grounds for New Trial
Posttrial Relief
- prejudicial trial error
- prejudicial misconduct by judge, attorney, party, juror
- verdict not supported by clear weight of evidence
- verdict based on false/nonexistent evidence
- excessive or inadequate damages
- newly discovered evidence
Jury Instructions:
Requests After the Close of Evidence
Posttrial Relief
party may request specific jury instructions after the close of evidence when
1. the instruction relates to an issue that could not have been reasonably anticipated by the deadline or
2. the court grants permission.
Claim Preclusion (Res Judicata)
a valid final judgment on the merits repcludes the religitigation of identical claims b/t identical parties
* parties are identical if they occupy the same roles in the first and subsequent actions (e.g., same party must be plaintiff in both actions)
* if the are in different roles –> claim preclusion will still apply if a party violated the first court’s compulsory-counterclaim rule
A counterclaim is compulsory (i.e., must be asserted) if it…
- arises from the same transaction or occurrence as the opposing party’s claim and
- does not require adding a party over whom the court cannot acquire jurisdiction
Venue
Special rules for where venue is proper apply to…
- removal
- foreign residents
- federal officials sued in official capacity
- foreign gov’ts
- multiparty, multiforum litigation
- Federal Torst Claims Act
Venue
Proper venue when defendant is a foreign resident
any judicial district
