Civil Procedure Flashcards
Federal SMJ - Intro
- A federal court can only hear cases when it has subject matter jurisdiction (SMJ).
- A federal court has SMJ if there is either:
(a) federal question, or
(b) diversity of citizenship.
Federal SMJ
Federal Question
- FQ Jurisdiction exists when a claim arises under (a) federal law, (b) the U.S. Constitution, or (c) U.S. treaties.
- The FQ must be present on the face of a well-pled complaint, not in defense.
Federal SMJ
Diversity of Citizenship
- Diversity of Citizenship Jurisdiction exists when:
1. there is complete diversity of citizenship (no P can be from the same state as any D), and
2. the amount in controversy exceeds $75K. - A P may aggregate all his claims against one D.
Federal SMJ
Supplemental Jurisdiction
- If a federal court has SMJ over some of the claims in the action, then it may exercise supplemental jurisdiction over additional state court claims when they arise from a common nucleus of operative fact (the same transaction or occurance).
- In a case where jurisdiction is based solely on diversity, supplemental jurisdiction cannot be asserted if it would destroy complete diversity.
Removal to Federal Court
- A D (only D) may remove a case to a federal court if the federal court has SMJ.
- A D who is sued in his home state cannot remove a case to a federal court.
Remand from Federal Court to State Court
A federal court must remand a case to state court if there is no federal SMJ.
Venue in Federal Court
For civil actions brought in federal court, venue is proper in any district where:
(a) any D resides, if all Ds reside in the same state,
(b) a substantial portion of the claim occurred,
(c) a substantial part of property is located, or
(d) if none of the above apply, then any judicial district in which any D is subject to the court’s PJ.
Residence of a Party for Venue Purpose
- For venue purposes, an individual resides in the district where he domiciles (determined by his residence and intent to make the place his permanent home).
- A corporation resides in any districts where it is subject to PJ.
PJ - Intro
- A court must have personal jurisdiction (PJ) over a D for its judgment to be binding.
- PJ falls into two categories:
1. the traditional bases of jurisdiction, and
2. a State’s long-arm statute.
PJ
Traditional Bases
The traditional bases for PJ exist when the D:
(a) domiciles in the state,
(b) was served while present in the state,
(c) consents, or
(d) waives.
PJ
Long-Arm Statute
- To assert PJ over a non-resident, the state must:
1. have a long-arm statute, and
2. comply with constitutional due process requirements. - CA’s long-arm statute allows PJ to the same extent as the Constitution.
PJ > Long-Arm Statute
Constitutional Due Process Requirements
Constitutional due process requires that:
1. the D has sufficient minimum contacts with the forum state
2. so as not to offend traditional notions of fair play and substantial justice.
PJ > Long-Arm Statute > Constitutional Due Process Requirements
Minimum Contacts
Sufficient minimum contacts exist when either general jurisdiction or specific jurisdiction is present.
General Jurisdiction:
exists when the D is essentially “at home” in the forum state, i.e.,
- domiciles in the state if an individual, or
- incorporated or headquartered in the state if a corporation.
Specific Jurisdiction:
exists when:
1. the suit arises from or relates to the D’s contacts with the forum state, and
2. there is a connection between the forum state and the underlying controversy (an activity that takes place in the forum state).
PJ > Long-Arm Statute > Constitutional Due Process Requirements
Fair Play and Sabstantial Justice
- Even if the minimu contacts test is met, it must be fair and reasonable for the D to be sued in the forum state.
- The court will consider a number of factors, including: the P’s interest in convenient relief, the location of witnesses and evidence, the forum state’s interest in regulating activities, and the burden on the D to travel to the forum state.
Erie Doctrine
- The Erie doctrine applies to a federal diversity case.
- Under the Erie doctrine, a federal court will apply federal procedural law and state substantive law.
Relation Back Doctrine
When a pleading is amended, the amendment relates back to the original pleading date so long as it arises out of the same transaction or occurrence as the original pleading.
Compulsory Joinder of Parties
- A party must be joined in an action if:
1. that party is a necessary party, and
2. joinder is feasible. - A party is necessary if:
(a) the court cannot grant complete relief without the party,
(b) the party’s interest will be harmed if not joined, or
(c) the party’s absence creates a substantial risk of multiple liability. -
Joinder is feasible if:
1. joinder will not destroy SMJ, and
2. the court has PJ over the party. - If the necessary party cannot be joined, the court may either continue or dismiss the case.
Discovery
Scope of Discoverable Information
- In Federal Court, a party may discover all non-privileged information that is:
1. relevant to any party’s claim or defense, and
2. proportional to the needs of the case. - In CA Courts, a party may discover all non-privileged information that is relevant to the subject matter involved in the pending action (this is broader than the federal standard).
Discovery
Compelled Physical and Mental Examinations
- In CA Courts, in a personal injury case, any D may demand one physical examination of the P as a matter of right.
- For non-personal injury case, a party must make a motion to compel to perform an examination. The motion must show that the party’s health is in controversy.
- In Federal Court, the court may order a party to submit to a mental or physical examination only if:
1. a motion is made on notie to all other parties and the person to be examined, and
2. such mental/physical condition is in controversy.
Discovery
Asserting Privilege During Discovery
When a party withholds information, the party must:
1. expressly make a privilege claim, and
2. describe the information sufficiently (privilege log).
Discovery
Motion to Compel Disclosure or Discovery
- On notice, a party may move for an order compelling disclosure/discovery.
- The movant must certify that he made a good faith effort to resolve the disclosure dispute before filing the motion.
Motions
Motion to Dismiss in Federal Court
- A motion to dismiss may be made prior to filing an Answer.
- The court will grant the motion if, assuming all allegations are true, the P still cannot win based on the face of complaint.
Motions
Summary Judgment
- Before trial, a party may move for summary judgment.
- A moving party must show that there is no genuine issue of material fact.
- When reviewing the motion, the court must view the evidence in the light most favorable to the non-moving party.
Right to Jury Trial in Federal Court
- The 7th Amend guarantees a right to a jury trial for legal claims but not for equitable claims.
- To have a jury trial, a jury demand must be made.
Appeals - Final Judgment Rule
- In Federal Court, a party may only appeal from a final judgment or decision (final judgment rule).
- In CA Courts, a motion for judgment againt one of the parties is considered a final judgment.
Appeals - Interlocutory Appeals
- An interlocutory appeal is an appeal of a ruling by a trial court that is made before all claims are resolved in the action.
- An appellate court may consider interlocutory appeals on matters where the parties would be severely prejudiced, if they waited to act (such as TROs, PIs).
Claim Preclusion (Res Judicata)
- Claim preclusion (res judicata) bars a party from re-litigating the same claim in a later lawsuit.
- Claim preclusion applies when:
1. the parties are identical,
2. there is a valid final judgment on the merits in the prior action, and
3. the same claim is asserted in both actions.
Issue Preclusion (Collateral Estoppel)
Issue preclusion (collateral estoppel) bars a party from re-litigating the same issue that was actually
(1) litigated,
(2) determined, and
(3) essential to a valid final judgment in a prior lawsuit.
