Civil Procedure I Flashcards
Prepping for Finals
Diversity Jurisdiction
Requirements: all plaintiffs must be diverse from all defendants. The amount in controversy must exceed $75,000
Joinder
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.
Judgment as a matter of law
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.
Subject Matter Jurisdiction
Jurisdiction over the nature of the case and the type of relief sought
Venue
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
Answer
A responsive pleading filed by a defendant that addresses the accusation and allegations made in the complaint.
Affirmative Defense
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).
Exclusive Federal Jurisdiction
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.
Service of Process
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.
Concurrent Jurisdiction
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.
Personal Jurisdiction
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.
federal question jurisdiction
cases “arising under this Constitution [or] the laws of the United States” are one of the main types of cases litigated in federal court
Forum Non Conveniens
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
1391 C (3 Prongs)
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)
Forum Defendant Rule
Defendant cannot remove to Federal Court if Defendant is a citizen of the state in which action has been brought.
Due Process Clause of the 14th Amendment
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.
Subject Matter Jurisdiction vs. Personal Jurisdiction
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
Long Arm Statutes
Narrow the scope of the Due Process Clause within a State.
International Shoe
Defendant must have sufficient contacts with the forum state and Personal Jurisdiction must not offend traditional notions of fair play and substantial justice
Subject Matter Jurisdiction vs. Personal Jurisdiction
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
Two ways to Establish Significant Contacts
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
In Personam Jurisdiction (5 Prongs)
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.
Specific In Personam Jurisdiction (3 prongs)
(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
Two ways to Establish Significant Contacts
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;
5 Reasonableness Factors
(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
O’Conner “Stream of Commerce Plus” Test
Contact exists after some activity has been directed at the state (i.e. advertising or sending replacement parts)
1406
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
Stevens (Middle Ground stream of commerce) Test
Appropriateness of Personal Jurisdiction depends on (1) volume; and (2) how hazardous the product is
Stevens (Middle Ground stream of commerce) Test
Appropriateness of Personal Jurisdiction depends on (1) volume; and (2) how hazardous the product is
The “but for” test
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.
The “evidence” test
A claim arises out of defendant’s contacts only if the contacts offer evidence to at least one of the elements of the claim.
Personal Jurisdiction over Internet Cause of Action
Website owner must have intentionally directed electronic activity into the state or the activity gave rise to the cause of action
General In Personam Jurisdiction
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
General Jurisdiction over a Corporation (4 prongs)
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
Personal Jurisdiction: In Personam
Jurisdiction over the person. Judgments are against person and his/her assets
Personal Jurisdiction: Quasi in Rem (Type I)
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.
Personal Jurisdiction: In Rem
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)
Personal Jurisdiction: Quasi in Rem (Type II)
Jurisdiction over the property for providing a remedy in an unrelated action. Requires attachment of property prior to suit.
Post-judgment Attachment
A seizure of property used to collect a judgment that the defendant is ordered to pay
Prejudgment Attachment
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
Transient Jurisdiction
A “transient presence” is enough to establish in personam jurisdiction
Consent to Personal Jurisdiction
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
Bensusan v. King
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.
Requirements for a Case to be Tried
(1) Subject Matter Jurisdiction (Diversity or Federal Question); (2) Personal Jurisdiction (General or In Personam); (3) Notice; (4) Venue
Proper Notice (2 Prongs)
Satisfies (1) Constitutional Requirements; and (2) Relevant Statutory Provisions
Rule 4(c) - Service of Summons
(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
6 Private-Interest Considerations (Transfers)
(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
Transient Jurisdiction
A “transient presence” is enough to establish in personam jurisdiction
1404
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.
3 Public-Interest Considerations (Transfers)
(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
