Civil Procedure Flashcards
Six areas of importance in civil procedure:
- Right court (personal jurisdiction, subject matter jurisdiction, venue); 2. Learning about the case (service of process, pleadings, discovery); 3. complex cases (party joinder); 4. adjudication (pretrial, trial); 5. appellate review (appeal); 6. preclusion (claim and issue preclusion).
Personal Jurisdiction is what?
The court’s power over the parties. Not power over the case.
Personal Jurisdiction involves what one question?
Can P sue D in this state? That’s all. It is not concerned with what COURT we go to in that state–that is subject matter jurisdiction.
Whether there’s personal jurisdiction is a two-step analysis:
- Satisfy a statute (e.g., a state long arm statute), AND 2. Satisfy the Constitution (Due Process). On the bar exam the constitution is the important issue.
Is the analysis for whether there is personal jurisdiction different depending on whether the case will be filed in federal court or state court?
No. Exactly the same.
What is In personam jurisdiction?
Plaintiff wants to impose a personal obligation on defendant. Jurisdiction is over the person, not her property, because of some contact between defendant and the forum state.
What is the statutory analysis for in personam jurisdiction?
State statutes allow personal jurisdiction over defendants who 1. are served with process in the state, or 2. are domiciled in the state, or 3. do certain things (e.g., commit a tortious act, conduct business) in the state. Pennsylvania statutes reach the constitutional limit.
Constitutional analysis for personal jurisdiction:
Does the defendant have such minimum contracts with the forum so that jurisdiction does not offend traditional notions of fair play and substantial justice?
With regard to personal jurisdiction constitutional analysis, what are the easy cases? (3)
- Domiciled in the forum; 2. Consents; 3. Is present in the forum when served with process (at least if not tricked into forum).
What is the key to constitutional analysis of personal jurisdiction on more complicated cases?
The key is to assess a set of factors under three headings: 1. contact, 2. relatedness, 3. fairness
Contact for personal jurisdiction purposes means what?
There must be relevant contact between the defendant and the forum state.
What are the two factors to be addressed with regard to contact for personal jurisdiction analysis?
- The contact must result from purposeful availment: Defendant’s voluntary act. In other words, the defendant must reach out to the forum. Examples: maybe she tried to make money in forum, or she uses the roads there, or she causes some effect in the forum. 2. Foreseeability: it must be foreseeable that she would get sued in the forum.
What is the analysis of relatedness entail for personal jurisdiction?
There must be relatedness between the contact and the plaintiff’s claim. In other words, does plaintiff’s claim ARISE FROM the defendant’s contact with the forum.
What is specific personal jurisdiction?
If the plaintiff’s claim arises from the defendant’s contact with the forum, the court might uphold jurisdiction even if the defendant does not have a great deal of contact with the forum.
What is general personal jurisdiction?
If the claim does not arise from defendant’s contact with the forum, the jurisdiction is only ok if the court has general jurisdiction. Then the defendant can be sued there for a claim that arose anywhere in the world.
How does the court have general jurisdiction over the defendant?
Defendant must have continuous and systematic ties with the forum so that the defendant is essentially at home in the forum.
Examples of being “essentially at home in the forum”
- natural person: where domiciled; 2. business: where formed and at it’s principle place of business. Essentially at home cannot be based on sales or purchases within the forum. So must have actual presence in the forum.
What does the analysis of fairness entail for personal jurisdiction?
Assess whether jurisdiction would be fair or reasonable under the circumstances.
What are the fairness factors for personal jurisdiction analysis?
- Convenience; 2. State’s interest; 3. Plaintiff’s interest.
What is the standard for analyzing convenience for personal jurisdiction?
The forum is ok unless it puts defendant at a SEVERE disadvantage in the litigation. Almost impossible to show. Due process does not guarantee the most convenient forum at all.
What should you always mention when talking about the state’s interest in a fairness analysis of personal jurisdiction?
Always mention the state’s interest in providing forum for its citizens.
What is the summary of the constitutional test for personal jurisdiction?
- Contact: Purposeful availment, foreseeability; 2. Relatedness: general v. specific; 3. Fairness: convenience, state’s interest, plaintiff’s interest. THERE IS NO RIGHT ANSWER–JUST DO THE ANALYSIS BY ASSESSING EACH FACTOR AND COME TO A REASONABLE CONCLUSION
What is subject matter jurisdiction?
A court’s power over the case.
Federal courts can only hear certain types of suits.
- diversity of citizenship; 2. federal question
What are the two requirements of diversity of citizenship cases?
- The case is either (a) between “citizens of different states” (diversity) or (b) between “a citizen of a state and a citizen of a foreign country (alienage)” AND 2. The amount in controversy exceeds $75,000.
Complete diversity rule:
No diversity if any plaintiff is a citizen of the same state as any defendant.
What constitutes citizenship for a natural person who is a US citizen?
Domicile.
What two factors is domicile established by?
- Presence in the state; 2. intent to make it her permanent home (e.g., paying in state tuition, registering to vote)
Can a person have more than one domicile at a time?
No.
What is the effect of a person changing citizenship before or after a case is filed?
None.
What is the citizenship of a corporation consist of?
Citizenship equals 1. state where incorporated AND 2. the one state where the corporation has its principal place of business. So a citizen of two states.
What is the corporation’s principal place of business?
Where the managers direct, control, and direct corporate activities. Called the nerve center and usually called the headquarters.
Unincorporated association, like partnership, LLC: what is the citizenship?
Use the citizenship of all the members, including general and limited partners. So do not care about where the business was formed or where it has its principle place of business.
What about citizenship of decedents, minors, or incompetents?
Use their citizenship, not the citizenship of their representative.
Trick question for amount in controversy:
$75,000 is not sufficient. Must exceed $75,000.
What if it is doubtful whether the plaintiff’s claim actually exceeds $75,000?
Whatever a plaintiff claims in good faith is OK unless it is CLEAR TO A LEGAL CERTAINTY that she cannot recover more than $75,000.
What if the plaintiff sues for more than $75K but only recovers less than $75K. Is jurisdiction ok?
Yes, what she wins is irrelevant to jurisdiction. But a plaintiff who wins less than $75K may have to pay defendant’s litigation costs.
Aggregation means what?
Adding two or more claims to meet the amount requirement. We aggregate plaintiff’s claims if we have one plaintiff and one defendant.
For joint claims (joint tortfeasors) what is the aggregation rule?
For joint claims, use the total value of the claim. Irrelevant what the number of parties is. How do you know if it is a joint claim? Look for the word “joint.”
Equitable relief (injunction): two tests to determine if over $75K.
- Plaintiff’s viewpoint: does it decrease the plaintiff’s property by more than $75K?; 2. Defendant’s viewpoint: would it cost defendant more than $75K to comply with the injunction?
What will a federal court not hear?
Actions involving issuance of divorce, alimony, or child custody decree or to probate an estate.
What is a federal question case?
Complaint must show a right or interest founded substantially on a federal law (e.g., federal constitution, legislation). The claim “arises under” federal law. Citizenship of the parties and the amount in controversy is not relevant.
What is the “well pleaded complaint” rule?
It is not enough that some federal issue is raised by the complaint. The plaintiff’s claim itself must “arise under” federal law. So we look at the claim and ignore other material plaintiff alleged. Ask one question: IS PLAINTIFF ENFORCING A FEDERAL RIGHT? If yes, then federal question case.
Test you must do for every single claim in a federal case?
Test every single claim for diversity or federal question.
What is supplemental jurisdiction?
Works only after a case is already in federal court (through diversity or FQ). The additional claim might be able to get in if it meets supplemental jurisdiction test.
Supplemental jurisdiction test:
The claim that we want to get into federal court must share a “common nucleus of operative fact” with the claim that invoked federal subject matter jurisdiction. This test is ALWAYS met by claims that arise from the same transaction or occurrence as the underlying claim.
What is a limitation of supplemental jurisdiction?
In a diversity case, the plaintiff cannot use supplemental jurisdiction to overcome a LACK OF DIVERSITY. You can use it to overcome a lack of amount in controversy in a diversity case.
But plaintiff can use supplemental jurisdiction to overcome a lack of diversity for a claim in a FQ case.
SOLID GOLD SUMMARY: to be heard in federal court
A non-federal, non-diversity claim can be heard in federal court if it meets “the test” (transaction or occurrence) UNLESS it is: a. Asserted by the plaintiff; b. In a diversity of citizenship (not FQ) case AND c. Is against a citizen of the same state as the plaintiff.
Court has discretion NOT to hear supplemental claims if:
- the federal question is dismissed early in the proceedings; 2. the state law claim is complex; 3. state law issues would predominate.
What is removal?
A defendant sued in state court might be able to “remove” the case to federal court. Removal is a one-way street – it transfers a case ONLY from a state trial court to a federal trial court. If removal was improper, the federal court can “remand” to state court.
When can one remove?
Within 30 days after SERVICE of the first paper that makes the case removable. You get a new 30 days from service on a new defendant.
Who can remove?
All defendants served with process must join in order to remove. Plaintiff can NEVER remove.
What kinds of cases can be removed?
It is one that would meet the requirements on diversity or federal question. TWO BIG EXCEPTIONS (but only in diversity cases): 1. No removal if any defendant is a citizen of the forum. 2. There is no removal no more than one year after the case was filed in state court.
Where do we remove to?
To the federal district embracing the state court where it was filed.
Procedure for removal:
D files notice of removal in federal court, stating grounds of removal; signed under Rule 11; attach all documents served on D in state action; copy to all adverse parties; Then file copy of notice in state court.
Erie Doctrine: black letter law
In diversity cases, the federal court must apply state substantive law.
Erie Doctrine: analysis
- Is there a federal law on point that directly conflicts with state law? If so apply the federal law, as long as it is valid. This is based on the Supremacy Clause. How do you know if a FRCP is valid? It is arguably procedural.
- If there is no federal law on point, ask: is this issue one of the easy ones: 1. elements of a claim or defense; 2. statute of limitations; 3. rules for tolling statutes of limitations; and 4. conflicts (or choice) of law rules. Why are these easy? They are substantive. You must use state law in these.
- If there is no federal law and the issue is not an easy one, but the federal judge wants to ignore the state law? If the issue is substantive, she must follow state law.
Three tests to determine whether substantive law?
- outcome determinative: would applying or ignoring the state rule affect outcome of case? If so, it’s probably a substantive rule, so should use state law. 2. balance of interests: does either federal or state system have strong interest in having its rule applied? 3. avoid forum shopping: if the federal court ignores the state law on this issue, will it cause parties to flock to federal court? If so, then should probably apply state law.
Venue:
Subject matter jurisdiction told us we can take a case to federal court. Venue tells us exactly which federal court.
Plaintiff may lay venue in any district where:
- all defendants reside (in cases where all defendants reside in different districts of the same state, plaintiff can lay venue in the district in which any of them reside; 2. a substantial part of the claim arose
Where does a human reside for venue purposes?
In the district where domiciled.
Where does a business reside for venue purposes?
In all district where subject to personal jurisdiction for this case.
Transfer of venue is what?
A federal district court can transfer the case to another federal district court: but can only transfer to a district where case could have been filed (exception: the court can transfer to any district at all if the parties consent and if it finds cause for the transfer).
What factors does a court look at in making a decision to transfer?
Public and private factors showing that the other court is the center of gravity. Public factors: what law applies, what community should be burdened with jury service, keeping local controversy in the local court. Private factors: convenience–where are the witnesses and the evidence.
What is the policy reason for a court to resist transferring venue?
A transfer overrides Plaintiff’s choice of forum.
If a court transfers venue to a different state, what law is used?
The transferee court applies the choice of law rules of the original court.
What happens if venue in the original district is improper?
The court may transfer in the interest of justice or it may dismiss.
What is forum non conveniens?
There is another court that is far more sensible than the present one, but the court does not transfer to that court because the more convenient court is a different judicial system (e.g., a foreign country. The case is dismissed or stayed. A decision to dismiss or stay a case under this analysis uses the same public and private factors as a transfer decision does. This requires a very strong showing. Forum Non Conveniens is almost never granted if the plaintiff is a resident of the present forum. The other court must be adequate. All we care about is that she gets a day in court–not whether she would get a bigger judgment in the US court.
What is service of process?
Must give notice to defendant by delivering 1. a summons and 2. a copy of the complaint.
Process: definition
Summons and a copy of the complaint.
Who can serve process?
Any nonparty who is at least 18 years old. Does not have to be appointed by a court.
How is process served?
- personal service; 2. substituted service; 3. Service on defendant’s agent; 4. state law (can use methods of service permitted by state law where the federal court sits or where service is affected.)
