Civil Procedure

Question 1

PJ

Answer 1

The power of a court over a particular person in a case.

-DP Clause of 14th amendment

Question 2

General PJ

Answer 2

(1) Consent - Express (K) or Implied (failure to object to complaint)

(2) Presence - present in the jurisdiction when they are served or continuous and systematic contacts with the Jurisdiction

(3) Domicile -

Individual - at home with intention to stay (only 1)

Corporation - Principal Place of Business or State of Incorporation

(See next)

Question 3

Specific PJ

Answer 3

(4) Long Arm Statute - CA = Constitution

-Due Process Requires [enough Minimum contacts that PJ would not violate traditional notions of fair play and substantial justice.]

(1) Minimum Contacts
(2) Purposeful Availment
(3) Foreseeability
(4) Relatedness

Question 4

SMJ - Federal Question

Answer 4

Issue arises out of federal law, treaty, Trademark law, etc.

Defenses don’t count.

Question 5

Well Pleaded- Complaint Rule

Answer 5

The federal question myst appear on the fact of P’s Complaint.

Question 6

SMJ - Diversity

Answer 6

(1) complete diversity between P’s and D’s

(2) amount in contraversy should exceed 75k

Question 7

Removal

Answer 7

Defendants can remove a case from State Court to Federal Court if the plaintiff could have brought the case in federal court to begin with.

(Unless its D’s forum state and its a diversity case)

Question 8

SMJ - Supplemental

Question 9

SMJ - Conferred By Statute

Question 10

Eerie Doctrine

Answer 10

When a federal court is hearing a case based in (1) diversity jurisdiction, where the (2) issue arises under STATE law, the court is req to apply the state law to substantive issues, and federal to procedural issues.

If its unclear which applies, follow this analysis:

Does the federal law directly address the issue? —-> If No, Apply Erie (State L Outcome Determinative? No countervailing federal Policy Interest? If N, Federal; If Y, State)

Does the federal law directly address the issue? —-> If Yes, Apply Federal Rule Anaylsis (Arguably Procedural? Doesnt Modify Substantive Right? = If Y, Federal; If N, State)

Question 11

Claim Preclusion

Answer 11

• Same Claim
• Same Parties
• Final Judgement
• On the Merits

CA -all appeals must be exhausted and a claim with prejudice is equiv to a judgement on the merits

Question 12

Issue Preclusion

Answer 12

• Same Issue
• Actually Litigated
• Actually Decided
• Essential to the Judgement in the Prior Action