Civil Procedure Flashcards
Constitutional Test for Personal Jurisdiction
- Contact: Purposeful Availment and Foreseeability
- Relatedness: General v. Specific
- Fairness (Specific PJ only): Burden/Convenience, State’s Interest, and Plaintiff’s Interest
Personal Jurisdiction Constitutional Analysis
- Contact: Is there a contact between D and venue?
A. But was the contact the result of purposeful availment by D in venue?
B. Is it foreseeable that D could be sued in that venue? - Is there relatedness?
- Fairness/Reasonableness: Burden on D and witnesses?
State’s interest?
Plaintiff’s interest?
In a regular lawsuit, notice consists of two documents:
- Summons (formal court notice of suit and time for response) and
- Copy of complaint
How do you get a summons?
present it to the clerk of court for signature and seal
Who can serve process?
any nonparty who is at least 18 years old
If D is to be served in the U.S., service is to take place within how long?
within 90 days after complaint is filed
personal service
papers are given to D personally anywhere
substituted service
process is left at D’s usual abode with someone over the age of 18
service on D’s agent
process can be delivered to D’s agent if receiving service is in scope of agency
state law methods of service
we can use methods for serving process that are permitted by state law of the state (1) where the federal court sits or (2) where service is made
Do you get extra days to respond to interrogatories if they are mailed?
yes, 3 extra days
Where is a corporation’s PFB?
where managers direct, coordinate, and control business activities (nerve center)
What is an unincorporated associations’ (partnership, LLC, etc.) citizenship?
where citizenship of all its members
You can only aggregate claims of 1 plaintiff against ______ Ds.
multiple
aggregation
adding two or more claims to meet the amount requirment
To calculate amount in controversy of joint claims,
use the total value of the claim
What are the tests courts use to analyze whether equitable relief is ok?
- Plaintiff’s viewpoint: Does the object decrease plaintiff’s property by more than $75,000?
- Defendant’s viewpoint: Would it cost defendant more than $75,000 to comply with the injunction?
In a federal question case, the action is always deemed commenced for statute of limitations purposes when:
the complaint is filed with the court
Under the Class Action Fairness Act, a federal court may have subject matter jurisdiction over a class action so long as:
(i) any class member is of diverse citizenship with any defendant, (ii) the amount in controversy in the aggregate exceeds $5 million, and (iii) there are at least 100 members in the class
Typically, a defendant must serve an answer or other appropriate response within ____ days after being formally served with process.
21
A defendant who waives service of process is allowed ____ days from the date on which the plaintiff mailed the summons and complaint in which to serve a response.
60
Under Federal Rule 15(c), an amended complaint relates back to the time of the original complaint if
it asserts a claim that arises from the same transaction set forth in the original complaint and, within the time prescribed for service of process, the new defendant received timely notice of the action, the new defendant knew or should have known but for the mistake, the new defendant would have been the named defendant all along
A temporary restraining order may be granted by a court when:
it is necessary to prevent irreparable injury to a party, and the injury will result before a preliminary injunction hearing can be held.
Notice of the hearing for the issuance of a temporary restraining order must be given before it it issued unless the moving party does the following:
(i) gives specific facts in an affidavit or a verified complaint to establish that immediate and irreparable injury will result to the moving party before the adverse party can be heard in opposition, (ii)certifies in writing all efforts it made to give notice to the adverse party and why notice should not be required; and (iii) provides some security to pay for any costs and damages incurred by the adverse party if it is wrongfully enjoined or restrained