Civil Procedure I

Question 0

Diversity Jurisdiction

Answer 0

Requirements: all plaintiffs must be diverse from all defendants. The amount in controversy must exceed $75,000

Question 1

Joinder

Answer 1

The rules governing who can be made parties to a single suit and the scope of claims that may be asserted in a single action.

Question 2

Judgment as a matter of law

Answer 2

These are allowed when the court believes that one side’s case is too weak and that the matter does not require a trial. The judge unilaterally rules in these matters.

Question 3

Subject Matter Jurisdiction

Answer 3

Jurisdiction over the nature of the case and the type of relief sought

Question 4

Venue

Answer 4

The proper or possible place for a lawsuit to proceed, usually because the place has some connection either with the events that gave rise to the lawsuit or with the plaintiff or defendant

Question 5

Answer

Answer 5

A responsive pleading filed by a defendant that addresses the accusation and allegations made in the complaint.

Question 6

Affirmative Defense

Answer 6

Defenses raised by a defendant to address the allegations and accusations made by the plaintiff. This means admitting to the issue, but then offering a reason why it’s okay.

Think of it this way. “Yeah, I did that, but it was because of this.” So you might have killed someone (allegation), but it was in self-defense (affirmative defense).

Question 7

Exclusive Federal Jurisdiction

Answer 7

These are areas of law where remedy can be sought exclusively in the federal court system. For example, federal courts have original jurisdiction in all patent, copyright, and bankruptcy cases.

Question 8

Service of Process

Answer 8

The way one party serves documents on another. Often, service of process takes place at the start of the case when the plaintiff has the initial complaint and exhibits served upon the defendant. When you have something important and you want a witness to the delivery of the document, you have it served in this manner.

Question 9

Concurrent Jurisdiction

Answer 9

Areas of law that can be brought under different jurisdictions are said to have concurrent jurisdiction. Bankruptcy cases can only be brought at the federal level, so there is not concurrent jurisdiction. However, if a contracts case meets the requirements for diversity jurisdiction at the federal level, it could be brought in a state or federal court. Then, there would be concurrent jurisdiction.

Question 10

Personal Jurisdiction

Answer 10

A court is said to have personal jurisdiction over a party if they are able to require the party to do something. For example, if you live in Seminole County, the 18th Judicial Circuit probably has personal jurisdiction over you. If you live in Florida, the 11th Federal Circuit probably has personal jurisdiction over you.

Question 12

federal question jurisdiction

Answer 12

cases “arising under this Constitution [or] the laws of the United States” are one of the main types of cases litigated in federal court

Question 13

Forum Non Conveniens

Answer 13

allows a court to dismiss an action when the court where the action was brought would be a seriously inconvenient forum and an adequate alternative forum exists

Question 14

1391 C (3 Prongs)

Answer 14

Explains how to determine residency of legal alien residents (where they reside), corporations (place of incorporation, and nerve center), and non-residents (may be sued in any judicial district)

Question 14

Forum Defendant Rule

Answer 14

Defendant cannot remove to Federal Court if Defendant is a citizen of the state in which action has been brought.

Question 15

Due Process Clause of the 14th Amendment

Answer 15

No State shall make or enforce any law that cuts short the privileges or immunities of US citizens, nor shall any State deprive an individual of life, liberty, or property without due process of law.

Question 16

Subject Matter Jurisdiction vs. Personal Jurisdiction

Answer 16

SMJ is about whether a ct has the authority to hear a certain type of case, PJ is about whether a ct has authority over the particular parties, or property involved in the lawsuit

Question 17

Long Arm Statutes

Answer 17

Narrow the scope of the Due Process Clause within a State.

Question 18

International Shoe

Answer 18

Defendant must have sufficient contacts with the forum state and Personal Jurisdiction must not offend traditional notions of fair play and substantial justice

Question 19

Subject Matter Jurisdiction vs. Personal Jurisdiction

Answer 19

SMJ is about whether a ct. has the authority to hear a certain type of case, PJ is about whether a ct. has authority over the particular parties, or property involved in the lawsuit

Question 20

Two ways to Establish Significant Contacts

Answer 20

Specific: The Cause of Action arose out of Defendant’s contact with the state, a single contact may be sufficient;
or
General: Defendant’s contacts are continuous and systematic, therefore it would be reasonable for the ct. to exercise personal jurisdiction over him

Question 21

In Personam Jurisdiction (5 Prongs)

Answer 21

May be obtained by (1) Personal service within the state; (2) Domicile within the state; (3) Consent; (4) Contacts from which the suit arises, and reasonableness; (5) continuous and systematic contact (even if claim does not arise from contacts), and reasonableness.

Question 22

Specific In Personam Jurisdiction (3 prongs)

Answer 22

(1) Defendant had minimum contacts with the forum (purposefully availed himself of the forum); (2) the claim arose out of these contacts; and (3) PJ is consistent with traditional notions of fair play

Question 23

Two ways to Establish Significant Contacts

Answer 23

Specific: The Cause of Action arose out of Defendant’s deliberate contact with the state, a single contact may be sufficient;
or
General: Defendant’s contacts are continuous and systematic, therefore it would be reasonable for the ct. to exercise personal jurisdiction over him;

Question 24

5 Reasonableness Factors

Answer 24

(1) Burden on the defendant; (2) interest of the forum state; (3) Plaintiff’s interest in a convenient forum; (4) interstate judicial system’s interest in an efficient resolution of controversies; and (5) The shared interest of the several states in furthering substantive social policies

Question 25

O’Conner “Stream of Commerce Plus” Test

Answer 25

Contact exists after some activity has been directed at the state (i.e. advertising or sending replacement parts)

Question 26

1406

Answer 26

A Dist. Ct. where a case has been brought that lacks proper venue will be dismissed, or transferred (at cts discretion) to any district or division in which the case could have been brought

Question 27

Stevens (Middle Ground stream of commerce) Test

Answer 27

Appropriateness of Personal Jurisdiction depends on (1) volume; and (2) how hazardous the product is

Question 28

Stevens (Middle Ground stream of commerce) Test

Answer 28

Appropriateness of Personal Jurisdiction depends on (1) volume; and (2) how hazardous the product is

Question 29

The “but for” test

Answer 29

To determine whether a claim arises out of a contact, ask if the claim would have arisen without the contact. If not, then the claim arises out of the contact.

Question 30

The “evidence” test

Answer 30

A claim arises out of defendant’s contacts only if the contacts offer evidence to at least one of the elements of the claim.

Question 31

Personal Jurisdiction over Internet Cause of Action

Answer 31

Website owner must have intentionally directed electronic activity into the state or the activity gave rise to the cause of action

Question 32

General In Personam Jurisdiction

Answer 32

Defendant must have “continuous and systematic” contacts with the forum state; and exercise of justice must be consistent with traditional notions of fair play and substantial justice

Question 33

General Jurisdiction over a Corporation (4 prongs)

Answer 33

Exists where the corporation (1) is incorporated; (2) has its principal place of business; (3) has a physical presence; (4) MAYBE where it has a lot of business

Question 34

Personal Jurisdiction: In Personam

Answer 34

Jurisdiction over the person. Judgments are against person and his/her assets

Question 35

Personal Jurisdiction: Quasi in Rem (Type I)

Answer 35

Jurisdiction over property for purposes of declaring ownership or interest in property. Subject matter is Defendant’s Interest in the property, not the property itself.

Question 36

Personal Jurisdiction: In Rem

Answer 36

Jurisdiction over the property for purposes of declaring ownership or interests in property with respect to the world. Subject matter is the property itself (i.e. probate, bankruptcy)

Question 37

Personal Jurisdiction: Quasi in Rem (Type II)

Answer 37

Jurisdiction over the property for providing a remedy in an unrelated action. Requires attachment of property prior to suit.

Question 38

Post-judgment Attachment

Answer 38

A seizure of property used to collect a judgment that the defendant is ordered to pay

Question 39

Prejudgment Attachment

Answer 39

A seizure in which a court attaches defendant’s property when there is concern that defendant may dissipate those assets to prevent the satisfaction of a future judgment

Question 40

Transient Jurisdiction

Answer 40

A “transient presence” is enough to establish in personam jurisdiction

Question 41

Consent to Personal Jurisdiction

Answer 41

Can be given by a defendant not raising the issue, through their conduct (i.e. filing a claim), or through a “forum selection clause” in a contract

Question 42

Bensusan v. King

Answer 42

a state may exercise personal jurisdiction over a non-domiciliary who in person or through an agent commits a tortious act within the state, exception: defamation of character suit arising out of the act.

Question 43

Requirements for a Case to be Tried

Answer 43

(1) Subject Matter Jurisdiction (Diversity or Federal Question); (2) Personal Jurisdiction (General or In Personam); (3) Notice; (4) Venue

Question 44

Proper Notice (2 Prongs)

Answer 44

Satisfies (1) Constitutional Requirements; and (2) Relevant Statutory Provisions

Question 45

Rule 4(c) - Service of Summons

Answer 45

(1) provides that a copy of the complaint must accompany the summons; (2) explains that an 18+ year old non-party or a United States Marshall (where plaintiff is indigent) may serve process

Question 46

6 Private-Interest Considerations (Transfers)

Answer 46

(1) Plaintiff’s choice of forum, unless balance of convenience strongly favors Defendant’s; (2) Defendant’s choice of forum; (3) whether the claim arose elsewhere; (4) convenience of parties; (5) convenience of witnesses; (6) ease of access to evidence

Question 47

Transient Jurisdiction

Answer 47

A “transient presence” is enough to establish in personam jurisdiction

Question 48

1404

Answer 48

A Dist. Ct. that has proper venue, for the convenience of parties and witnesses, in the interest of justice, may transfer any civil action to any other district where the action may have been brought or to which all parties have consented.

Question 49

3 Public-Interest Considerations (Transfers)

Answer 49

(1) Transferee’s familiarity with governing laws; (2) relative congestion of the calendars of potential transferee and transferor courts; (3) local interest in deciding local controversies at home