Civil procedure

Question 1

How does SM based on diversity affect supplemental JX?

Answer 1

If primary JX is based on diversity, plaintiffs cannot use supplemental jx to bring in additional claims against non-diverse defendants, however defendants can use supplemental jx to bring in additional claims against non-diverse defendants.

Question 2

what is removal jx?

Answer 2

defendant may remove claims from state court to federal court that geographically embraces the state court by all consenting to the removal and by filing a notice of removal within 30 days of first ascertaining from state court complaint that removal was possible.

Question 3

when can a case be removed?

Answer 3

no later than 30 days after defendant discover that the case has become removable. also a case may not be removed on the basis of diversity of citizenship jx more than one year after it was commenced in state court.

Question 4

how can a plaintiff reverse the removal?

Answer 4

plaintiff can file a motion to have the case remanded to state court. The court must remand whenever it is shown that there is no federal subject matter jurisdiction.

Question 5

when can a case not be removed to federal court?

Answer 5

if the only basis for jurisdiction is diversity, the action cannot be removed if any defendant is a citizen of a state where the case was filed.

Question 6

what is difference between subject matter jurisdiction and venue?

Answer 6

Subject matter jurisdiction is the power of the court to adjudicate a case before it, whereas venue relates to the proper geographic district in which to bring the action.

Question 7

where is the proper venue for a civil case in federal court where all defendants are resident of the same state?

Answer 7

any jurisdiction in which any defendant resides.

Question 8

can venue be based on the subject matter of the claim?

Answer 8

yes, any judicial district where substantial part of the events giving rise to the claim occurred.

Question 9

what is the result of improper venue?

Answer 9

improper venue may be waived by parties, or by actions can be transferred or dismissed. Venue is considered waived unless a timely objection is made to improper venue.

Question 10

can improper SMJ be waived?

Answer 10

unlike improper venue, improper SMJ cannot be waived by parties.

Question 11

who can petition for removal to federal court?

Answer 11

A defendant may remove an action that could have originally been brought by plaintiff in the federal court. If there are multiple defendants, all must seek removal.

Question 12

Can the federal court hear a case pending in state court?

Answer 12

Yes, unless abstention doctrine applies.

Question 13

What is abstention doctrine?

Answer 13

The federal court will retain jurisdiction over suit involving a challenge to the constitutionality of state law but abstain from deciding the question until decision in state court has been made by state court on the meaning of the state law.

Question 14

What are two sources of limitations on a court’s personal jurisdiction?

Answer 14

State statutes and US constitution. An exercise of personal jurisdiction cannot exceed the limitations of either.

Question 15

What are the Constitutional limitations on personal jurisdiction?

Answer 15

The Constitution places two restrictions on personal jurisdiction: the defendant must have such contacts with the forum state that the exercise of jurisdiction is fair and reasonable, and the defendant must be given appropriate notice of the action and an opportunity to be heard

Question 16

What are the statutory limitations on personal jurisdiction?

Answer 16

The states have the power to decide over whom their courts may exercise jurisdiction, but they cannot exceed the constitutional boundaries. If no state statutes grants the court the power over the parties before the court, then the court lacks personal jurisdiction.

Question 17

What are the three types of personal jurisdiction?

Answer 17

in personam, in rem, and quasi in rem jurisdiction.

Question 18

When in personam jurisdiction exists?

Answer 18

When the forum has power over the person of a particular defendant. in these cases, the court may render a money judgment against the defendant to perform certain acts or refrain from acting.

Question 19

When does in rem jurisdiction exist?

Answer 19

When the court has power to adjudicate the rights of all persons in the world with respect to a particular item of property. This jurisdiction is limited to situation where the property is located within the physical borders of the state and where it is necessary for the state to be able to bind all persons regarding the property’s ownership and use.

Question 20

When is there a constitutional right to a trial by jury?

Answer 20

When the claim seeks primarily monetary damages

Question 21

What is the timing requirement for demanding a trial by jury?

Answer 21

To preserve the right to a trial by jury, written demand must be filed within 14 days of service of complaint or answer.

Question 22

Generally, how any preemptory challenges are allowed per side?

Answer 22

Three

Question 23

What are the size constraints of juries in federal civil cases?

Answer 23

at least six and not more than 12

Question 24

What is the timing requirement for requests for and objections to jury instruction?

Answer 24

Objection for giving or failing to give instruction must be made before the jury retires to consider a verdict.

Question 25

If there is a conflict between federal and state law that involves a federal statute, Federal rule of Civil Procedure, a Federal Rule of Evidence, or the issue of Trial by Jury, which law does a federal court apply to resolve a nonfederal claim?

Answer 25

Federal law governs

Question 26

If there is a conflict between federal and state law does not involve a federal statute, a Federal rule of Civil Procedure, a Federal Rule of Evidence, or the issue of trial by jury, which law does a federal court apply to resolve a nonfederal claim?

Answer 26

State law governs where the difference between state and federal law would alter the outcome.

Question 27

Which law does a federal court apply to resolve a nonfederal claim?

Answer 27

State law governs unless it involves a Federal State, a Federal Rule of Civil Procedure, a Federal Rule of Evidence or the issue of Trial by jury.

Question 28

What does the Constitution’s full faith and credit clause require?

Answer 28

A valid judgment entered by a federal or state court must be enforced by every other state or federal court.

Question 29

What types of actions are the federal courts generally prohibited from enjoining?

Answer 29

Pending state tax proceeding and state criminal proceedings.