Civil Procedure Flashcards
Personal Jurisdiction constitutional analysis standard
Does the defendant have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice.
- Contact (purposeful availment and foreseeability)
- Relatedness (contact caused harm)
- Fairness (specific PJ only)
Service of process
Any person who is not a party and who is 18 years old can serve.
Must be within 90 days of filing.
Served:
- on plaintiff personally
- at the defendant’s usual place of abode with someone of suitable age and discretion who resides there
- on the defendant’s agent
- by method of state of federal court or where service is made
- on an officer or managing agent
Removal
All defendants consent to remove to federal court if the case could have been filed in a federal court.
No later than 30 days after service.
If based on diversity only:
- NO if any defendant is a citizen of the forum state or more than one year has passed since the case was filed
Remand
If based on anything other than SMJ, must be no later than 30 days after the filing of the notice of removal - otherwise, no time limit.
Supplemental Jurisdiction
Must share a common nucleus of operative fact with the claim that already has SMJ (same transaction or occurrence).
If based on diversity jurisdiction:
- claims by plaintiffs cannot invoke supplemental jurisdiction unless there are multiple plaintiffs and one of their claims does not meet the amount in controversy.
Erie Doctrine
- federal law is superior
- if no federal law, then apply the state law if the issue is substantive, including:
- conflict of law
- elements of a claim
- statutes of limitation
- excessive/inadequate damages
Proper Venue
Any district where:
- all defendants reside or
- a substantial part of the claim arose or a substantial part of the property involved is located
Defendant’s time to respond
Defendant must respond by motion or by answer no later than 21 days after being served OR
if waived service - then 60 days from time plaintiff mailed the waiver form
Waivable defenses
If not in the first response:
- lack of PJ
- improper venue
- improper process
- improper service of process
If not at trial:
- failure to state a claim
- failure to join an indispensable party
Amendment of Pleading - plaintiff
Right to amend once no later than 21 days after the defendant serves first motion/answer.
Amendment of Pleading - defendant
Right to amend once no later than 21 days of serving answer.
Amendment to join a claim not originally asserted
Pleading relates back if the pleading concerns the same conduct, transaction, or occurrence as the original pleading.
Amendment to change a defendant
Will relate back if:
- the amendment concerns the same conduct, transaction, or occurrence
- defendant had such knowledge of the case such that she will be able to avoid prejudice and
- the defendant knew or should have known that, but for a mistake, she would have been named originally
all within 90 days after filing of complaint
Necessary party
- without the absentee, the court cannot afford complete relief among the existing parties
- the absentee’s interest may be harmed
- the absentee claims an interest that subjects a party to multiple obligations
*NO joint tortfeasors
Class type 1
Class is necessary to avoid harm (prejudice) either to class members or to the non-class party
Class type 2
Defendant treated the class members alike and therefore plaintiffs need equitable relief.
Class type 3
(1) common questions must predominate over individual questions and (2) the class action is a superior method to handle the dispute
- must notify all class members and members can opt out
Initial discovery disclosures
all names, numbers, addresses of persons and documents and tangible things that the party may use to support claims and defenses
- withiin 14 days of the Rule 26(f) conference
Preliminary injunction requirements
- plaintiff is likely to suffer irreparable harm
- likely to win on the merits
- balance of hardship favors her
- injunction is in the public interest
Voluntary dismissal
May do so without a court order once before the defendant serves an answer or motion for summary judgment
Default judgment requirements
Clerk of the court can enter a default judgment IF:
- defendant made no response at all
- claim itself is for sum certain in money
- plaintiff gives an affidavit of the sum owed and
- defendant is not a minor or incompetent
Right to jury trial in federal court
7th Amendment - right to jury trial in “civil actions at law”
- If mixed, jury issues are tried first
- must demand jury in writing no later than 14 days after service of the last pleading addressing a jury triable issue
RJMOL
Reasonable people could not disagree on the result.
Views the evidence in the light most favorable to the non-moving party.
Must be made within 28 days after entry of judgment.
Motion for New Trial
Must be within 28 days after entry of judgment. Can be for:
- erroneous jury instruction
- new evidence discovered
- misconduct by a juror or other party
- judgment against the weight of the evidence
- damages are inadequate or excessive
Interlocutory Appeals Act
Appeal of a nonfinal order if:
- the district judge certifies that it involves a controlling issue of law
- as to which there is substantial ground for difference of opinion
- the court of appeals agrees to hear it
Review of questions of law
court of appeals uses a de novo standard
Questions of fact in a bench trial
court of appeals will affirm unless the findings are clearly erroneous
Questions of fact in a jury trial
court of appeals will affirm unless reasonable people could not have made that finding
Claim preclusion
- same claimant suing the same defendant
- valid, final judgment on the merits
- case 1 and case 2 must be the same claim
Issue preclusion
- case 1 ended in valid, final judgment on the merits
- same issue actually litigated and determined in case 1
- issue was essential to judgment in case 1
