Civil Procedure Flashcards
Where is venue proper?
A suit must be brought in a proper venue. There may be multiple federal districts within a state, and venue may be proper in more than one district. Venue is proper is any district where:
(1) any defendant resides, as long as all defendants reside in the same state;
(2) a substantial part of the events that gave rise to the suit occurred or a substantial part of the property at issue is located; or
(3) any defendant is subject to the court’s personal jurisdiction only if neither of the above apply
What are the 12(b) motions that must be raised first?
(1) lack of SMJ or PJ
(2) improper venue
(3) insufficient process or service of process
(4) failure to state a claim upon which relief can be granted
(5) failure to join required party
What are the contents of an answer?
Required
(1) admission & denials
(2) motions not waived
(3) affirmative defenses
(4) compulsory counterclaims
Permitted
(1) permissive counterclaims
(2) crossclaims
When is supplemental jurisdiction permitted?
Supplemental jurisdiction is generally permitted when these supplemental claims share a common nucleus of operative facts with a claim within the court’s original subject-matter jurisdiction.
However, when the claim is based solely on diversity jurisdiction, supplemental jurisdiction is not permitted if a supplemental claim:
(1) would contaminate diversity of citizenship
(2) seeks $75,000 or less and is made by a plaintiff (a) against parties added through joinder, intervention, or impleader; or (b) seeking to join through compulsory joinder or intervention
How can subject-matter jurisdiction be achieved in class actions?
(1) Federal question - arises under U.S. Constitution, treaty, or federal law
(2) Diversity - amount-in-controversy for any named plaintiff’s claim exceeds $75,000 AND named opposing parties are citizens of different states
(3) Class Action Fairness Act - (a) 100 or more members; (b) at lease one class member and one defendant are diverse; and (c) AIC for aggregated claims exceeds $5 million.
When can a party move for judgment as a matter of law (JMOL)?
This motion may be filed before the case is submitted to the jury but only after the nonmovant has had the opportunity to present evidence to establish that claim or defense. That means that a plaintiff may move for JMOL after the defendant presents its case.
A motion for JMOL is a request that the court enter a judgment in favor of the movant bc the evidence is legally insufficient for a reasonable jury to find in the nonmovant’s favor. The district court must:
(1) view the evidence and draw all reasonable inferences in the light most favorable to the nonmoving;
(2) disregard any evidence favorable to the movant that the jury is not required to believe; and
(3) not consider the credibility of witnesses or evaluate the weight of evidence.
If a motion for JMOL is denied during trial, the movant can file a renewed motion for JMOL no later than 28 days after the entry of judgment to seek to overturn an adverse verdict
When can a party file a motion for summary judgment?
A party can file a motion for summary judgment up to 30 days after close of discovery.
The movant must show:
(1) there is no genuine dispute of material fact; and
(2) the evidence is legally insufficient for a reasonable jury to find in the nonmovant’s favor, so the movant is entitled to judgment as a matter of law
What standard of review should the appellate court apply?
The standard of review depends on the error alleged:
(1) Legal issue - such as conclusions of law and jury instructions … De novo standard where there’s no deference and reverse if reasonable belief judge misinterpreted law
(2) Fact issue - such as credibility of witnesses and factual determinations/verdict … Clear error (bench trial) standard where there’s high deference and reverse if no reasonable judge would have made finding … Substantial evidence (jury trial) standard where there’s high deference and reverse if no reasonable jury would have made finding
(3) Discretionary ruling - such as injunctions and admissibility of evidence … Abuse of discretion standard where there’s high deference and reverse if decision was unreasonable/arbitrary
What are the two types of collateral estoppel?
(1) Mutual - where parties from the first action assert collateral estoppel in a subsequent action against other parties from the first action
(2) Nonmutual - where nonparties from the first action assert collateral estoppel in a subsequent action against parties from the first action.
Defensive estoppel is used by a defendant in the second action to avoid relitigating an issue in the first action OR plaintiff in second action asserts to establish issue from first action.
Offensive estoppel is used by a plaintiff in the second action to establish an issue from the first action:
(1) plaintiff could have easily joined first action;
(2) defendant had little incentive to vigorously defend in first action;
(3) second action affords procedural opportunities available in first action; or
(4) inconsistent findings on issue exist.
Choice of law in diversity cases:
(1) Substantive issue - legal rights & duties = State
(2) Procedural issue - processes & procedures = Federal
(3) Unclear Issue -
Does federal law directly addresses issue?
(a) Federal-rule analysis - valid federal law (i) is arguably procedural and (ii) does not modify substantive right … No = State … Yes = Federal
(b) Erie analysis - (i) state law is outcome-determinative and (ii) no countervailing federal policy interest … No = Federal … Yes = State
What are the federal diversity jurisdiction exceptions?
Federal courts cannot exercise diversity jurisdiction over cases involving:
(1) probate matters; or
(2) domestic relations
What are the four ways to invoke in personam jurisdiction?
(1) Service of process - serving process on defendant voluntarily in state where court is located
(2) Consent - (a) Express = contractual agreement; (b) Implied = engaging in specific activity that state has substantial interest in regulating; (c) Waiver = untimely objection to personal jurisdiction; (d) Appearance = voluntarily appearing in court to litigate merits of case
(3) Specific - plaintiff’s claim arises from or is closely related to defendant’s minimum contacts with forum state AND exercise of jurisdiction complies with notion of fair play & substantial justice. A forum state’s long-arm statute specifies when a court within the state can exercise specific personal jurisdiction over a nonresident.
(4) General - defendant has continuous & systematic contacts with forum state so substantial that defendant is essentially “at home”
What is a preliminary injunction?
Is a temporary court order that commands or prohibits certain actions while the case is pending before the court. Issued prior to a full hearing on the merits. Must establish:
(1) the movant is likely to succeed on the merits;
(2) the movant is likely to suffer irreparable harm in the absence of relief;
(3) the balance of equities is in the movant’s favor; and
(4) the injunction is in the best interest of the public
When must a party file a counterclaim?
If a defendant has a claim against the plaintiff, then the defendant may state it as a counterclaim in the answer to the complaint.
However, a counterclaim is compulsory and must be asserted in the defendant’s answer if it:
(1) arises from the same transaction or occurrence as the plaintiff’s claims; and
(2) does not require adding parties over whom the court cannot acquire jurisdiction.
Failure to do so generally results in the counterclaim being waived and barred from being raised in subsequent lawsuits. But when an action is dismissed before a defendant’s answer is filed, any counterclaims that would have been compulsory in an answer are not waived bc the defendant never had the opportunity to raise.
What are class action certification requirements?
Prerequisites:
(1) Numerosity - joinder of all members is impracticable;
(2) Commonality - class shares common question of law or fact;
(3) Typicality - named parties’ claims or defenses are typical of class; and
(4) Adequacy - named parties will protect class’ interests
Types:
(1) Prejudicial risk to parties or absent class members if separate action;
(2) Final equitable relief is appropriate bc the opposing party’s actions apply to whole class; or
(3) Common questions of law or fact predominate & class action is best method to resolve dispute.