Civil Procedure Flashcards
Federal question jurisdiction exists only when an issue of federal law is presented in which filing?
Only the plaintiff’s well pleaded complaint.
Can federal question jurisdiction be established by potential defenses?
No.
Can multiple plaintiffs aggregate claims against the same defendant to meet the required amount for diversity jurisdiction?
Only when the plaintiffs share a a common or undivided interest.
If there is a common nucleus of operative fact shared by multiple plaintiffs, what is required for supplemental jurisdiction over claims that that the court does not otherwise have SMJX?
Subject matter jurisdiction over the original claim, ie diversity already exists, or federal question already exists.
What is another phrase for common nucleus of operative facts?
“Same factual circumstances” or “same case or controversy”
What are the only two circumstances where the “bulge provision” provides service of process on a party within 100 miles of the forum court even if state law would not otherwise permit such service?
Third-party defendants joined under Rule 14 or a required party joined under Rule 19.
If a defendent is neither domiciled nor present nor causes harm in a state, even if he visits that state regularly, is he subject to PJX there?
No.
Is a new trial mandatory or discretionary on an excessive verdict?
Discretionary on a variety of reasons, including excessive verdict.
What is required of an action for subject matter jurisdiction to exist in an action based on state law?
The action must satisfy both the amount in controversy requirement and the diversity requirement.
Other than the principal place of business and state of incorporation, where is a corporation a citizen?
The insured’s state when the insurer is sued in a direct action.
A claim under permissive joinder (Rule 20) with complete diversity still requires what, in the absence of a federal question?
Each claim to be greater than $75,000. Even if one plaintiff’s permissive claim is above 75K, the other plaintiff’s need to be above 75K too.
When you see a statute about service of process on defendants passing through, what should you do?
Read for limitations on service WHILE passing through - not ban of service in general.
When a federal statute grants a nonparty the right to sue to defend the constitutionality of a state statute what is that called?
Intervention as of right
What is the duty to produce an insurance agreement in discovery?
Unless otherwise agreed by stipulation or ordered by the court, each party must provide the other parties for inspection and copying, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment.
What is the time limit for taking one of the interlocutory appeals as of right?
30 days
In diversity cases, what is NOT precluded by supplemental jurisdiction?
Claims by existing defendants against additional persons joined as necessary parties under Rule 19.
In cases based solely on diversity, supplemental jurisdiction ___ permitted with respect to either intervention as of right or permissive intervention.
Is not.