Civil Procedure LAST PUSH Flashcards
Personal Jurisdiction - Constitutional Step
does the defendant have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice
Personal Jurisdiction - Statutory Step
(1) present in forum state
(2) domicile in forum state
(3) express or implied consent to jurisdiction OR
(4) long arm statute
Constitutional Step Factors
(1) contacts
(2) relatedness
(3) fairness (only if specific PJ)
Personal Jurisdiction - Contacts
contacts must show that the defendant:
(a) purposely availed themself of the forum states laws; AND
(b) knew or reasonably should have anticipated that the activities in the forum made it foreseeable that theyd be halled into court there
Personal Jurisdiction - Relatedness
(a) is the claim related to the defendants contact with the forum, a court is more likely to find that claim is fair and reasonable OR
(b) is unrelated to the defendant’s contact, the court must have general PJ over defendant which requires defendant be at home
Personal Jurisdiction - Fairness (Only if Specific PJ)
(a) whether the forum is so gravely difficult and inconvenient that the Defendant is at severe disadvantage
(b) forum states legit interest in providing redress for its resident
(c) plaintiff’s interest in obtaining convienent and effective relief
(d) interstate judicial systems interest in efficiency and
(f) shared interests in furthering social policies
Substituted Service
(1) at the Defendants usual place of abode
(2) with someone of suitable age and discretion
(3) who resides there
Service on Business or Organization in the United States
(a) delivering to an officer or a managing or general agent a copy of the summons and complaint or
(b) using a method permitted by the state (i) where the federal court sits or (2) where service is to be made
Federal Question Well Plead Complaint
the plaintiff’s claim itself must arise under federal law
Two Limitations on Removal
two limits to removing a cased based on solely diversity of citizenship:
(1) the case should not be removed if any defendant is a citizen of the forum state
and
(2) case should not be removed more than one year after case was filed in state court
Steps for Supplemental Jurisdiction
must share a common nucleus of operative fact with the claim that stratifies SMJ
Clearly Substantive for Erie
(1) conflict (choice of law) rules
(2) elements of a claim or defense
(3) statute of limitations
(4) rules for tolling statutes of limitations
(5) standard for granting a new trial because the jurys damages award was excessive or inadequate
Factors in Determining Substantive v Procedural
(1) outcome determinative
(2) balance of interest
(3) avoid forum shopping
Where May Plaintiff Lay Venue
(a) all defendants reside
(b) substantial part of the claim arose or a substantial part of the property involved in the lawsuit is located
Transfer of Venue - Transfer from Proper Venue
is the original district is a proper venue, that court can order transfer based on convenience of parties and witnesses and in the interest of justice
transferee court must apply the choice of law rules of the transferor court
Transfer of Venue - Transfer from Improper Venue
if the original district is improper, the court may transfer in the interest of justice or dismiss
transferee applies its own choice of law rules
Complaint must Contain
(a) a statement of grounds of subject matter jurisdiction
(b) short and plain statement of the claim
(c) a demand for relief sought
fraud, mistake or special damages requires particularity or specificity
Rule 12(E) Motion
for more definite statement - used when the complaint is so vague or ambiguous the defendant simply cannot respond
Rule 12(F) Motion
motion to strike - asks the court to remove redundant or immaterial things from a pleading
Rule 12(b) Defenses
waived if not put in the first motion or answer:
(a) lack of personal jurisdiction
(b) improper venue
(c) improper process
(d) improper service