civil procedure Flashcards
What is personal jurisdiction?
Personal jurisdiction refers to the court’s authority over the parties involved in a legal action.
What are the two types of personal jurisdiction?
General and specific personal jurisdiction.
General jurisdiction can be obtained by consent, presence, or domicile.
How do federal district courts exercise personal jurisdiction?
Federal district courts may exercise personal jurisdiction to the same extent as the courts of general jurisdiction of the state in which the district court sits.
What allows state courts to exercise specific personal jurisdiction over nonresident defendants?
State courts may exercise personal jurisdiction over nonresident defendants if authorized by the state’s long-arm statute and the Due Process Clause of the Fourteenth Amendment.
This requires minimum contacts with the state.
What does the Due Process Clause of the Fourteenth Amendment permit regarding personal jurisdiction?
It permits states to assert personal jurisdiction **over nonresident defendants with established minimum contacts such that it does not offend traditional notions of fair play and substantial justice.
What is subject-matter jurisdiction (SMJ)?
The power of a court to hear a certain type of case.
Federal courts have limited jurisdiction and can only hear certain types of cases.
What are the three categories of federal subject-matter jurisdiction tested?
- Federal-question jurisdiction
- Diversity jurisdiction
- Supplemental jurisdiction
What is required for federal-question jurisdiction?
The federal question must appear on the face of the plaintiff’s well-pleaded complaint.
What are the requirements for diversity jurisdiction?
- Complete diversity of citizenship between plaintiffs and defendants
- Amount in controversy must exceed $75,000.00.
What is the definition of ‘complete diversity’?
Complete diversity means no plaintiff shares a state of citizenship with any defendant.
This requirement does not apply to class actions, where minimal diversity suffices. ould provide that it is enough for federal jurisdiction if any parties on opposite sides of the “v.” are from different states.
What is supplemental jurisdiction?
It allows a plaintiff to add a related state claim to a federal question claim.
A plaintiff cannot use it to add a claim against a nondiverse party if the sole basis for SMJ is diversity.
What is the rule regarding removal under 28 U.S. Code § 1441?
Defendants may remove an action from state court to federal court if the plaintiff could have initially brought the case in federal court.
30 days after the receipt by the defendant
When is venue proper?
- Any defendant resides if all defendants reside in the same state
- A district where a substantial part of the events or omissions occurred
- A substantial part of property subject to the action is situated.
What is the definition of ‘transfer to a more appropriate forum’?
The federal court’s authority to transfer a case to another federal district for the convenience of the parties and witnesses.
The new forum must have subject-matter jurisdiction and personal jurisdiction.
What is Rule 56 regarding summary judgment?
Federal Rule of Civil Procedure 56(a) allows a summary judgment motion to be granted if there is no genuine issue as to any material fact.
What must the moving party do in a summary judgment motion?
Produce evidence showing there is no genuine issue of material fact.
What is a Temporary Restraining Order (TRO)?
A TRO can be issued without notice to the adverse party in limited circumstances for a limited time.
not to exceed 14 days—that the court sets, unless before that time the c
It lasts until the court resolves a request for a preliminary injunction.
What are the four factors considered for a preliminary injunction?Help
- Harm
- Evaluation of injuries
- Likelihood of prevailing
- Public interest.
What is work product?
Any material prepared in anticipation of litigation.
Written statements from witnesses may be discoverable if** substantial need **and **undue hardship **are shown.
What is the general rule regarding appealability of judgments?
Final judgments are generally appealable while nonfinal judgments are generally not appealable.
interlocutory judgment , also known as an interlocutory decree , is a non-final judgment that resolves an element of a claim or another issue without deciding the full case
What is issue preclusion?
Issues that were actually litigated and decided in a previous case cannot be litigated again.
Key Elements:
Final Judgment: The prior judgment must be a valid and final judgment on the merits.
Identical Issue: The issue in the current lawsuit must be identical to the issue that was decided in the prior lawsuit.
Actual Litigation: The issue must have been actually litigated and decided in the prior lawsuit.
Necessary to the Judgment: The issue must have been essential to the prior judgment.
What is claim preclusion?
A claim that has been litigated to a final judgment on the merits cannot be relitigated by the parties.
