Civil Procedure

Question 1

Subject Matter Jurisdiction

Answer 1

The power of a court to hear a certain type of case

Question 2

Federal Courts

Answer 2

Federal courts are courts of limited jurisdiction that can only hear cases based on

1) Federal Question
2) Diversity Jurisdiction

Question 3

Diversity Jurisdiction

Answer 3

1) Complete diversity
2) Amt in controversy must exceed 75k

Question 4

Equitable relief is measured by

Answer 4

Cost to the D or worth to P, whatever is larger

Question 5

Complete Diversity

Answer 5

Each P must be a “citizen” of a different state than each D at the time of filing

citizen: Domiciled w/ intent to remain

Question 6

Citizenship of a corporation

Answer 6

Every state where the corporation is

1) Incorporated
2) PPB (HQ, directing, controlling)

Question 7

Citizenship of legal representation

Answer 7

Citizen of the state where the dead, incompetent person lives

Question 8

Partnership / LLC citizenship

Answer 8

Citizen of every state where partners/ members are domiciled

Question 9

Federal courts can’t exercise diversity jurisdiction over

Answer 9

1) Probate matters
2) Domestic relations

Question 10

Federal Question Jx

Answer 10

Original claim must be based on the constitution, fed law, treaties

Question 11

Supplemental Jx

Answer 11

A state law can be heard with a fed law as long as

Common
Nucleus
Of
Operative
Fact

Question 12

D’s trying to add claim/ party

Answer 12

Ok if a defendant does it, not ok if Plaintiff does it

Question 13

Personal Jx

Answer 13

The court’s power over an individual

Question 14

General Jx

Answer 14

1) Domiciled
2) Physical Presence
3) Consent - express, implied

(Claim can be unrelated to ‘s contact w/ the state)

Question 15

Specific Jx

Answer 15

Sufficient minimum contacts

1) Contact
2) Relatedness
3) Fairness

Question 16

Minimum contacts for a corporation

Answer 16

Affiliations w/ the state are so systematic & continuous

Question 17

Specific Jx for corporations (due process)

Answer 17

Must have minimum contacts w/ the state that would not offend traditional notions of fair play and substantial justice

(Must reasonably anticipate being sued there)

Question 18

In Rem Jx

Answer 18

Trying to get jx of the property

Question 19

Quasi in rem Jx

Answer 19

Going after the individuals property to satisfy a judgment

Question 20

100 mile bulge rule

Answer 20

Any party added through joinder or impleader within 100 mines of the court will satisfy PJ

Question 21

Who can properly serve?

Answer 21

Any non-party over the age of 18

Question 22

Process is served

Answer 22

1) Laws of the state in which the court is located

2) Laws of the state in which D is served

3) Any method allowed by FRCP

Question 23

FRCP methods for serving individual

Answer 23

1) Personal
2) Leave @ house (w/ resident of suitable age)
3) Via mail (if D returns an acknowledgment/ waiver form)
4) any way state allows

Question 24

FRCP methods for serving a corporation

Answer 24

Upon any officer/designated agent. Someone of sufficiently high placement

Question 25

FRCP methods for serving out of staters

Answer 25

1) Certified mail 2) Newspaper 3) Public official

Question 26

Waiving process

Answer 26

Must send back within 30 days 1) written request via mail 2) name of court & date sent 3) copy of complaint, 2 copies of waiver 4) prepaid means to return form

Question 27

If P knows D didn't receive notice

Answer 27

Must take additional reasonable steps to provide notice

Question 28

Serving process to an individual in a foreign country

Answer 28

Following an international agreement reasonably calculated to give notice OR via mail if no agreement

Question 29

Removal

Answer 29

Original D can remove if 1) claim could've been brought originally 2) all D's agree

Question 30

Notice of removal must be filed

Answer 30

Within 30 days of being served w/ the first removable pleading

Question 31

Notice of removal for diversity jx must be filed

Answer 31

Within a year of the start of the suit

Question 32

Defendant is prohibited from removing when

Answer 32

1) Claim is based on diversity jx 2) D is a citizen of the state in which the case was filed

Question 33

D's right to remove is waived if

Answer 33

D filed a permissive counterclaim before filing a notice of removal

Question 34

Counterclaim removal

Answer 34

Won't transform a P into a D for removal purposes

Question 35

Home Court Advantage

Answer 35

P can remand if 1) D is a citizen of state where the case was filed 2) Based on Diversity Jx

Question 36

Remand

Answer 36

P can remand within 30 days of the filing of removal notice OR The court can remand if no SMJ at any time

Question 37

If there was a procedural error in the removal

Answer 37

Must be remanded

Question 38

Appealing a courts order to remand

Answer 38

Can't do so, lack Jx

Question 39

Venue

Answer 39

What federal court can hear the case

Question 40

Venue is proper

Answer 40

In any state where: A substantial part of the claim arose Where D resides or Any district where D is subject to PJ

Question 41

Where is venue proper for a foreign resident

Answer 41

Any judicial district

Question 42

Transferring from proper venue

Answer 42

May transfer for the convenience of parties and witnesses in the interest of justice "forum nonconvenience"

Question 43

When venue is improper

Answer 43

May dismiss/transfer

Question 44

Multiforum Trial Jx act

Answer 44

As long as 1 D is diverse from 1 P, case is ok

Question 45

Buford abstentation Doctribe

Answer 45

Federal court may refrain from hearing a case if state agency action is involved

Question 46

Younger abstentation

Answer 46

Federal court may refrain from hearing a case that 1) is provided an adequate opportunity to litigate 2) involves an important state proceeding