Civil Procedure Flashcards
Personal Jurisdiction - Two Requirements
Statutory and Constitutional
Personal Jurisdiction - Waiver
Can be waived
Personal Jurisdiction - Statutory Requirements
Presence (served), domiciled, consent, or long-arm statute
Personal Jurisdiction - Constitutional Requirements
Minimum contacts, notions of fair play/substantial justice
Personal Jurisdiction - Constitutional Requirements - Specific Jurisdiction
Contacts, relatedness, and fairness
Personal Jurisdiction - Constitutional Requirements - General Jurisdiction
Contacts + D is at home, registered for business, or served
Businesses: incorporated/principal place of business
Personal Jurisdiction - Constitutional Requirements - Contacts
Minimum contacts
Purposeful availment: voluntary act/targeting/causing effect
Foreseeability: Foreseeable that D could be sued
Personal Jurisdiction - Constitutional Requirements - Relatedness
Claim arises from/relates to D’s contact w/ forum
Personal Jurisdiction - Constitutional Requirements - Fairness
Burden on D, state interest, P interest
Notice Requirement
D entitled to notice of suit (reasonably calculated to apprise party of action)
Notice Requirement - Elements & Timing
Summons + copy of complaint within 90 days of complaint filed
Notice Requirement - Ways of Service
Process server: 18+ years old, not party to action
Ways of Service: personal, substitute, agent, or state methods
Substituted service: at D’s abode to person of age who resides there
Business: Officer/agent or state method
Notice Requirement - Waiver of Service
P mails, D execute within 30 days, effective when P files in court
If D doesn’t waive w/o good cause > pays cost of service
Subject Matter Jurisdiction - Waiver
Cannot be waived
Subject Matter Jurisdiction - States Cant Hear
Patents, bankruptcy, securities, antitrust
Subject Matter Jurisdiction - Two Types
Diversity Jurisdiction: citizenship or alienage + > $75,000
Federal question: Under federal law
Subject Matter Jurisdiction - Diversity - Persons
All Ps be different than all Ds when case is filed
Citizenship: domicile (presence + intent as home)
Corporations: All incorporated + principal place of business
Partnership: citizenship of all members
Class actions: Citizenship of named representatives
No diversity for: divorce, alimony, custody, probate
Subject Matter Jurisdiction - Diversity - Amount
Amount in controversy > single P can aggregate against single D
Total value of joint claims, number of parties irrelevant
Subject Matter Jurisdiction - Federal Question
Well-pleaded complaint: P’s claim must “arise under” federal law
Subject Matter Jurisdiction - Removal
D can remove to fed court if could have been filed in fed court
Subject Matter Jurisdiction - Removal - Timing & Location
D files notice w/ grounds within 30 days of service/removal possibility
All Ds must join in the removal; Ps may not remove
D can remove to fed court embracing state for diversity or fed question
Subject Matter Jurisdiction - Removal - Diversity Exception
If based on diversity: no removal if any D is a citizen or 1 yr+ since filing
Subject Matter Jurisdiction - Removal - Improper Removal
Remand to state court
If lack of SMJ > move any time
If other reasons > move within 30 days of notice of removal
Subject Matter Jurisdiction - Supplemental Jurisdiction
Gets claims into federal case
Common Nucleus Test: Common operative facts; Same transaction/occurrence
Subject Matter Jurisdiction - Supplemental Jurisdiction - Limitation for Diversity Cases
Claims by P generally cannot invoke supplemental jurisdiction UNLESS multiple Ps & one claim isn’t over $75k
Erie Doctrine
Federal law applies, then, if issue is substantive, state law
Always substantive: conflict rules, elements of claim/defense, statute of limitation, rules for tolling SoL, standard for new trial bc excessive damages
Judge looks at outcome determinative, balance of interests, forum shopping
Venue
Venue tells us where to initially file in fed court (which federal court)
Venue - Location
Where all Ds reside or substantial part of claim arose
Removed cases: fed district embracing state court where action filed
Transactional cases: manufacture, injure, contract entered/performed
D resides (business) > where subject to PJ
Venue - Transfer
One trial court to another in same system
Transferor: OG court; Transferee: New court
Transferee must be proper venue with PJ over D
Venue - Transfer from Proper Venue
Convenience or interest of justice
Diversity > transferee applies law of transferor
Venue - Transfer from Proper Venue - Forum Selection Clause
Federal law enforces FSCs if they’re not unreasonable
Only public interest factors are considered
Transfer to enforce FSC > transferee’s choice of law rules
Venue - Transfer from Improper Venue
Transfer for justice or dismiss
Transferee applies its own choice of law rules
Venue - Forum Non Conveniens
Hold case so P can sue in other court
When there is another court that is the center of gravity for the case, but court cant transfer bc it’s a different judicial system
Other court must be available and adequate
Pleadings - Must Contain
Grounds for SMJ, statement of claim, demand for relief
Must plead sufficient facts to support a plausible claim
Particularity or specificity for fraud/mistake
Pleadings - D’s Response
D must respond by motion or answer within 21 days (or 60 if service waived)
Pleadings - D’s Response - Defenses Waived
Defenses waived if not in first response: PJ, venue, process, service
Pleadings - D’s Response - Defenses Raised Later
Defenses which can be raised later:
before trial: failure to state claim, failure to join indispensable party;
any time: lack of SMJ
Pleadings - D’s Response - Denial of Motion
D must serve answer within 14 days
Pleadings - D’s Answer
Must respond to allegations + raise affirmative defenses
Pleadings - Amended Pleadings - P
P can amend once within 21 days of D’s response
Pleadings - Amended Pleadings - D
D can amend once within 21 days of serving answer
Can include waivable defenses or affirmative defenses
Pleadings - Amended Pleadings - After Time Limit
Party can seek leave of court to amend
Pleadings - Amended Pleadings - Relation Back
Amended pleading “relates back” if about same conduct, transaction, occurrence > avoids statute of limitation problem
Changing D: relates back if same conduct, transaction, occurrence, D had case knowledge, AND D knew they should have been named
Rule 11 - Application
Applies to all papers except discovery