Civil Procedure Flashcards
Traditional Bases of Personal Jurisdiction
1) Domicile in forum
2) Presence in forum when served
3) Consent
4) In rem
Long-arm Statutes
Used to acquire jurisdiction over non-resident D in the absence of traditional bases
If not mentioned, assume it exists and permits exercise of PJ over non-resident D to the furthest extent permitted under the U.S. Constitution
Due Process
Any exercise of jurisdiction should be consistent with due process, which requires 1) minimum contacts and 2) compliance with the traditional notions of fair play and substantial justice
Minimum Contacts - General Jurisdiction
D’s contacts are systematic and continuous or constant and pervasive as to render D essentially at home in the forum
Cause of action need not be related to the contacts
Minimum Contacts - Specific Jurisdiction
1) Purposeful availment of the privileges and benefits of the forum; 2) It was foreseeable to D that he would be haled into the forum court; and 3) The claim or cause of action arose out of D’s contacts with the forum
Traditional Notions of Fair Play and Substantial Justice
Trial in the forum isn’t gravely difficult and inconvenient to D; the forum state has an interest in providing redress; and P’s interest in convenient relief
Notice & Service of Process - Federal
Any person over 18 not a party to the action may serve
Adequate services is by personal service, service left at D’s usual abode with someone of suitable age and discretion, or per forum state’s rules
Subject Matter Jurisdiction - General
Subject matter jurisdiction includes both federal question jurisdiction and diversity jurisdiction
Subject Matter Jurisdiction - Raising Lack of SMJ
Can be raised at any time until the case is over (when all appeals are done)
Can be raised after case is over, but if lack of SMJ is due to lack of diversity, likely out of luck
Subject Matter Jurisdiction - Federal Question Jurisdiction
The claim or cause of action (but not an anticipated defense) arises under the U.S. Constitution, a federal law, or a treaty as posed by a well-pled complaint
Subject Matter Jurisdiction - Diversity Jurisdiction
Requires 1) complete diversity; and 2) an amount in controversy more than $75,000 as set out in a good faith pleading
Diversity Jurisdiction - Diversity
Person - residence
Corporation - state of incorporation and PPOB
Diversity Jurisdiction - Amount in Controversy
P can aggregate all claims against one D and all claims against jointly and severally liable Ds BUT NOT separate claims against multiple Ds
Multiple Ps can’t aggregate against a single D unless they’re enforcing a single title or right in a common and undivided interest
Complaint and counter-claim amounts cant be aggregated
Supplemental Jurisdiction
A federal court has supplemental jurisdiction to hear a state claim if 1) the two claims derive from a common nucleus of operative fact, and 2) P would ordinarily be expected to try them all in one proceeding
Compulsory counterclaims always have supplemental jurisdiction
Supplemental Jurisdiction - Ancillary Jurisdiction
Allowed in diversity case if D becomes a 3rd-party P and sues a 3rd-party D, so long as the original P doesn’t become a party to the 3rd-party claim
Venue - Federal - Step 1
Venue is proper in the judicial district 1) where any D resides, if all Ds reside in the same state, or 2) where a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property involved is situated. If neither apply, then, 3) for diversity actions, venue is proper in any district where any D is subject to PJ at the time the action is commenced, and for non-diversity actions, any district where any D may be found
Venue - Federal - Residence
Individual - where domiciled
Corporation - where subject to PJ
Unincorporated association - where it does business
Venue - Federal - Step 2
Venue may be transferred to another district where the action might have been brought if appropriate upon balancing the relative conveniences of the parties, witnesses, and evidence
Forum non Conveniens
1) Discuss if current and proposed venues are proper
2) Balance the public factors (availability of alternative forum, P’s choice of forum, forum state’s interest) and private factors (convenience to parties and witnesses, location of evidence, where cause of action arose)
Erie Doctrine
Only applies in diversity cases
Apply state substantive law and federal procedural law
Elements of a claim or defense, SoL, and choice of law rules are substantive
Removal
Requires federal SMJ
Only D can remove (within 30 days of service of the complaint) and all Ds must join in the removal
Can’t remove if any D is a citizen of the forum state
Remand
Court must grant the motion if the federal court lacked SMJ in the first place
If the defect isn’t cured before trial, the judgment is vacated
Abstention
Federal court will retain jurisdiction over a constitutional challenge to a state law but refrain from deciding the question until the state courts have interpreted the state law
Pleading - Federal
A pleading which sets forth a claim for relief shall contain 1) a short and plain statement of the grounds upon which the court’s jurisdiction depends, unless the court already has jurisdiction, 2) a short and plain statement of the claim showing that the pleader is entitled to relief, and 3) a demand for judgment for the relief sought
A complaint must contain facts that, taken as a whole, render P’s entitlement to relief plausible
Federal Amendments Relating Back
D may be added and the filing of the amended claim will relate back if 1) the amendment adding the new D arises out of the same conduct, transaction, or occurrences as in the original complaint, and 2) within 120 days after filing the original complaint, the new D received such notice of the action that it wouldn’t have been prejudiced in maintaining a defense and knew or should’ve known that, but for a mistake concerning identity of the party, the action would’ve been brought against it
Motion to Strike
Can strike irrelevant, false, or improper matters
Compulsory Joinder
I) Joinder is proper if 1) in the person’s absence complete relief can’t be accorded; or 2) the person claims an interest relating to the subject matter that without the person may i) impair or impede the person’s ability to protect the interest or ii) leave any remaining party subject to a substantial risk of incurring multiple or inconsistent obligations
II) Is joinder possible without destroying complete diversity?
III) When a party can’t be joined, the court must determine whether in equity and good conscience the action should be dismissed because the person is indispensable
Permissive Joinder
1) The claims arise out of the same transaction or occurrence, and 2) involve common questions of law or fact
Impleader
If the impleaded action arises from the same common nucleus of facts as the original claim, a 3rd-party D can be brought in even if P & 3rd-party D aren’t diverse
Diversity required if original P brings a claim against the 3rd-party D
Discovery - Federal
Discovery is limited to any non-privileged matter relevant to a claim or defense
Work product is discoverable upon a showing of substantial need and to avoid undue hardship
Summary Judgment - Federal
Movant must show 1) there’s no genuine issue of material fact; and 2) movant prevails as a matter of law
Burden is on non-movant to prove that there’s a triable issue of fact
Allowed after 20 days from commencement of action
Default Judgment
May be entered by the clerk if the claim is for 1) a sum certain, 2) D failed to appear, and 3) D isn’t an infant or incompetent person
Motion for Judgment as a Matter of Law/ Directed Verdict (JMOL)
Motion granted if no reasonable jury could differ as to the outcome
May be made after the close of P’s evidence (if by D) or at the close of all evidence (by P or D)
Renewed Motion for Judgment as a Matter of Law/Judgment Notwithstanding the Verdict (JNOV)
Motion granted if no reasonable person could differ as to the outcome
Only permitted if movant properly and timely moved for JMOL in the first place
Motion for New Trial
Motion granted if the verdict is against the weight of the evidence
Appeals
May be taken by filing notice of appeal with the district court within 30 days from the entry of judgment (if JMOL or JNOV filed, clock runs when those decided)
Sanctions can’t be appealed until the end of trial
Jury Trials - Federal
Demand must be served within 14 days of the last pleading that gave a right to a jury
Jury Trials - Federal - Additur
If judge believes that amount by jury is unconscionably low, the only option is to order the issue of damages retried
Jury Trials - Federal - Remittitur
If the damages amount is too high so as to shock the conscience, the trial judge must present the options of remittitur and submitting for new trial
Jury Trials - Cross-Section Requirement
Must have a jury pool that is representative of the community, otherwise a motion for a new trial may be granted
If challenging adherence to the requirement, must show that all pools in the area have issues
Class Actions
1) Numerosity
2) Commonality
3) Typicality
4) Adequacy of representation
5) Plus on of the following: a) risk of inconsistent results, b) injunctive or declarative relief are appropriate, or c) common questions among the class predominate
Res Judicata (Claim Preclusion)
1) The earlier judgment is a valid, final judgment on the merits;
2) The cases are brought by the same claimant against the same D;
3) The same cause of action is involved in the later lawsuit; and
4) The cause of action was or could have been litigated in the prior action
Collateral Estoppel (Issue Preclusion)
1) The first case ended in a valid, final judgment on the merits;
2) The issue was actually litigated and determined in the first case; and
3) The issue was essential to the judgment
Offensive Collateral Estoppel
1) The first case ended in a valid, final judgment on the merits;
2) The issue was actually litigated and determined in the first case;
3) The issue was essential to the judgment;
4) The party against whom the judgment is to be used had a fair opportunity to be heard; and
5) It wouldn’t be unfair to apply collateral estoppel offensively
