Civil Procedure

Question 1

Federal Question Jurisdiction

Answer 1

A federal court has SMJ under federal question jurisdiction if the complaint alleges a claim that arises under federal law.

Question 2

Well-Pleaded Complaint Rule

Answer 2

The federal question MUST be presented on the face of the plaintiff’s complaint.
Raising a defense or filing a counterclaim under federal law does not trigger federal question jurisdiction

Question 3

When does a federal court have Subject Matter Jurisdiction?

Answer 3

A federal court has SMJ under diversity if complete diversity is present (at the time the case is filed) AND the amount in controversy exceeds $75,000.

Question 4

Complete diversity

Answer 4

No plaintiff can be from the same state an any defendant

Question 5

Amount in Controversy for injunctive relief?

Answer 5

A claim for injunctive relief may be valued by the benefit to the plaintiff or the cost of compliance for the defendant.

Question 6

Amount in Controversy and One Plaintiff aggregation

Answer 6

One plaintiff can aggregate all of their claims against one defendant to meet the AIC requirement. One plaintiff can also aggregate all of their claims against multiple defendants if the defendant’s are jointly liable

Question 7

Amount in Controversy and multiple plaintiffs

Answer 7

With multiple plaintiff’s, each plaintiff’s claim must meet the AIC requirement separately (unless supplemental jurisdiction applies)

Question 8

How is citizenship determined for individuals?

Answer 8

By the individual’s state or country of domicile. An individual can only have one domicile at a time.

Question 9

How is citizenship determined for corporations?

Answer 9

Corporations hold dual citizenships for diversity purposes:
(a) The state or country of incorporation; AND
(b) The state or country of its principal place of business (usually were the corporate headquarters are located)

Question 10

How is citizenship determined for unincorporated associations/partnerships?

Answer 10

They are considered a citizen of every state of which its members are citizens.

Question 11

How is citizenship determined for Class Actions?

Answer 11

The citizenship of each named party in the class who are suing court for diversity purposes.
Class members that are not names may joint without regard to citizenship

Question 12

What does supplemental Jurisdiction do?

Answer 12

Allows a federal court with valid SMJ over a case to hear additional claims over which the court would NOT independently have jurisdiction if ALL the claims constitute the same case or controversy - if they arise out of the same transaction or occurrence

Question 13

When can a federal court with federal question jurisdiction hear a state law claim?

Answer 13

It can hear a state law claim under supplemental jurisdiction if the state law claim arises out of the same transaction or occurrence as the federal law claim

Question 14

What are the three types of claims where supplemental jurisdiction is commonly tested in diversity cases?

Answer 14

1. Compulsory counterclaim (arises out of the same transaction or occurrence as the original claim filed)
2. Permissive counterclaim (a counterclaim that does NOT arise out of the same transaction or occurrence)
3. Cross-claims (claim filed against co-parties)

Question 15

Does a federal court sitting in diversity jurisdiction have supplemental jurisdiction over a compulsory counterclaim?

Answer 15

Yes

Question 16

When can a permissive counterclaim be heard in federal court?

Answer 16

A permissive counterclaim can only be heard if it independently satisfies diversity jurisdiction
(complete diversity + AIC >$75,000

Question 17

When can a cross-claim be heard in federal court?

Answer 17

When the cross-claim arises out of the same transaction or occurrence as the original claim.

Question 18

What are the 4 ways a court can have personal jurisdiction over a defendant?

Answer 18

1. If the defendant is domiciled in the forum state.
2. The defendant was served while in the forum state
3. Consent
4. The defendant waived personal jurisdiction.

Question 19

How can a state’s long-arm statute satisfy personal jurisdiction?

Answer 19

If minimum contacts exist between the defendant and the forum state.

Question 20

When do sufficient minimum contacts exist?

Answer 20

When:
1. General or specific jurisdiction is present; AND
2. The exercise of such jurisdiction does NOT offend traditional notions of fair play and substantial justice.

Question 21

What are some factors that courts consider to determine whether the exercise of jurisdiction offends traditional notions of fair play and substantial justice?

Answer 21

a. Convenience for the defendant;
b. Whether the forum state has a legitimate interest in providing redress;
c. Whether the plaintiff’s interest in obtaining relief is proper;
d. The interstate judicial system’s interest in efficient; AND
e. The shared interest of several states in furthering social policies.

Question 22

Define Specific Jurisdiction

Answer 22

Specific jurisdiction gives courts jurisdiction over out-of-state defendants for the defendant’s specific contact with the forum state. The claim MUST arise out of the defendant’s specific contact with the forum state.

Question 23

When is specific jurisdiction present?

Answer 23

1. The ∆ purposefully availed themselves of the benefits of the forum state (using highways); AND
2. The ∆ knew or reasonably should have anticipated that their activities in the forum state made it foreseeable that they may be sued.

Question 24

Specific jurisdiction in stream of commerce cases

Answer 24

Generally, there will be specific jurisdiction over a defendant if the defendant:
1. places a product in the stream of commerce in the forum state; AND
2. commits some other act to show intent to serve the forum state

Question 25

What does venue determines?

Answer 25

The judicial district in which a lawsuit may be filed or commenced.

Question 26

When is venue proper?

Answer 26

Venue is proper where:

1. ANY defendant resides, IF all the defendants reside in the same state;
2. A substantial part of the events or omissions giving rise to the claim occurred, OR
3. If neither apply, a judicial district in which ANY defendant is subject to pj

Question 27

Can a court change venue if the case is already in the proper venue?

Answer 27

Yes, the court MAY nonetheless transfer the case for the convenience of the parties or witnesses to any court where the case could have been originally files.

Question 28

If a case was brought in an improper venue, what should the court do?

Answer 28

The court MUST:

Dismiss the case; OR
transfer the case to a venue in which the case could have been originally filed.

Question 29

What law must the transferee court apply if the transferor court had proper venue in a diversity case?

Answer 29

The transferee court must apply the law that would have applied in the district court that transferred the case.

Question 30

What law must the transferee court apply if the transferor court had proper venue in a federal question case?

Answer 30

The transferee court must apply the federal law as interpreted by its own federal court of appeals.

Question 31

What law must the transferee court apply if the transferor court did not have proper venue in a diversity case?

Answer 31

The transferee court must apply the choice-of-law rules of the state in which it is located.

Question 32

What law must the transferee court apply if the transferor court did not have proper venue in a federal question case?

Answer 32

The transferee court must apply the federal law as interpreted by its own federal court of appeals.

Question 33

When must a plaintiff joint an absent indispensable party?

Answer 33

When:

1. The court has personal jurisdiction over the absentee;
2. The absentee’s presence would not destroy smh or venue; AND
3. Either:
   (a) complete relief cannot be accorded among the other parties to the action without the absentee party; OR
   (b) the absentee has such an interest in the action that a decision in their absence would impede their ability to protect the interest

Question 34

When may a Motion for Summary Judgement be filed?

Answer 34

At any time until 30 days after the close of discovery

Question 35

When must a MSJ be granted?

Answer 35

When viewing the evidence in the light most favorable to the nonmoving party t appears that:

1. There is no genuine issue of material fact; AND
2. The moving party is entitled to judgment as a matter of law

Question 36

When can a Judgment as a Matter of Law be filed?

Answer 36

JMOL may be filed by either party after the close of the nonmoving party’s evidence OR at the close of all evidence

Question 37

When will JMOL be granted?

Answer 37

JMOL will be granted if, when viewing the evidence in the light most favorable to the nonmoving party, the court finds that a reasonable jury would not have a legally sufficient basis to find for the nonmoving party.