Civil Procedure Flashcards
In federal court, what are the main distinctions b/w “rule” and “statutory” interpleader?
Rule:
- stakeholder diverse fr every claimant
- more than $75,000
- venue & service of process regular
Statutory:
- 1 claimant must be diverse fr other claimants
- more than $500
- venue proper where any claimant resides
- nationwide service so no p.j. issues
What are the 4 rules that help establish proper venue?
- all D’s reside (residence= domicile)
or
- A substantial part of the claim arose
- federal question case: any district where D is found
- diversity case: any district where D is subject to p.j.
Who can remove a state court case to federal court? Which federal court?
- only D can remove case
- only to federal district court embracing state court where action was filed
What 4 conditions must be met for a state court case to be removed to federal court?
- all D’s must agree to move
- case can only be removed if it could’ve been heard in federal court originally
- must remove w/in 30 days of service of 1st removable doc
- NO REMOVAL if any D is citizen of original forum (where action brought)
What are the 2 main types of supplemental jurisdiction in federal court?
- pendent
2. ancillary
What is supplemental jurisdiction in federal court?
Allows court to hear claims arising out of same transaction or occurrence in a diversity suit
What is ancillary jurisdiction?
other than P, any other party to suit can join claims (state law) that are sufficiently related to original claim
*court will still have jurisdiction over such claims even if federal claim is later dismissed
What 5 types of cases will a federal court NOT hear?
- divorce
- alimony
- child custody
- probate (wills)
- estate
What are the 2 types of cases federal courts have original jurisdiction over?
- federal question
2. diversity of citizenship
When do federal courts have original jurisdiction over federal question cases? (2)
- right/ interest founded substantially on federal law OR
2. P suing to vindicate a federal right
When do federal courts have original jurisdiction over diversity of citizenship cases? (2)
- b/w citizens of different states OR citizen & foreign country citizen (citizenship determined by domicile)
- amount in controversy must exceed $75k where 1 P vs 1 D
What is pendant jurisdiction?
court can hear P’s other claims that arise fr common nucleus of operative fact or same transactional occurrence (in its discretion)
What is res judicata (Claim Preclusion) ?
When a claim against particular D is brought to final judgement on the merits , all other claims against that D are BARRED if they arise out of the same transaction
*even if other claim based on different theories/ seeking different remedies
What is collateral estoppel?
Issue preclusion avoids need to re-litigate specific fact issues that were decided in prior proceedings
What is the 3-part showing that must be made for collateral estoppel to apply?
- identity of issues: issue in former proceeding & current identical
- issues litigated& decided in former proceeding
- party against whom issue preclusion asserted had full & far chance to litigate issue in former proceeding