Civil Procedure - MBE Flashcards
***Three Types of Subject Matter Jurisdiction
1) Federal Question
2) Diversity of Citizenship
3) Supplemental Jurisdiction
A federal court may only hear cases when it has SMJ because it’s a court of LIMITED JURISDICTION.
***Federal Question Jurisdiction
Exists when the claim arises under: a) a FEDERAL LAW, b) the U.S. CONSTITUTION, OR c) U.S. TREATY.
- P must be enforcing a Federal Right.
- Federal question MUST be present on the face of a well pled complaint.
- Raising a defense under federal law is NOT sufficient.
***DIVERSITY OF CITIZENSHIP JURISDICTION REQUIRES:
1) COMPLETE DIVERSITY OF CITIZENSHIP at the time the action is commenced (No P can be from the same state as any D;
AND
Citizenship is determined by domicile:
- NATURAL PERSON: (1) residence, and (2) subjective intent to make the state their permanent home.
- CORPORATION - Has dual citizenship –> the principal place of business and any state where it is incorporated.
- UNINCORPORATED ASSOCIATION - Deemed to be a domiciliary of the state of every partner/member/owner.
- EXECUTOR/PERSONAL REPRESENTATIVE - Citizenship is that of the decedent or person being represented.
2) AMOUNT IN CONTROVERSY EXCEEDS $75,000
Based on damages alleged in good faith in the Complaint, UNLESS it’s legally certain that the P cannot recover the specified amount.
- Injunctive Relief = the amount of the benefit to P OR cost of
compliance for D.
- May Aggregate claims against one D (or against multiple Ds if they are
jointly and severally liable).
***Supplemental Jurisdiction
Allows a party to bring a state claim in Federal Court that does not meet the requirement of Subject Matter Jurisdiction.
- A Federal Court may exercise Supplemental Jurisdiction when such claim ARISES FROM A COMMON NUCLEUS OF OPERATIVE FACT as the other claims the court has subject matter jurisdiction over (the claims must arise out of the SAME TRANSACTION OR OCCURRENCE).
***Limitations of Supplemental Jurisdiction
- Supplemental Jurisdiction CANNOT be used to overcome a lack of diversity.
- It CANNOT be asserted if it would violate complete diversity.
***A court MAY decline to exercise Supp. Jurisdiction when:
a) a claim raises a novel or complex issue of State law;
b) a claim substantially predominates over the other claims which the court has SMJ;
c) the court dismissed all claims that had federal SMJ;
OR
d) in exceptional circumstances.
*Domestic Relations Exception
Federal courts MUST decline jurisdiction if a case PRIMARILY INVOLVES DOMESTIC RELATIONS MATTERS (divorce, alimony, child custody/support issues).
- But, a court should NOT decline jurisdiction when a domestic relations matter/issue is ancillary to the case.
***Removal
Defendant MAY remove a case to Federal Court (in the district where the state court case was originally filed) if:
1) The federal court has SMJ;
2) All defendants agree;
3) No defendant is a resident of the forum state;
AND
4) Removal is sought within 30-days of service of the Summons or receiving the initial pleading (whichever is shorter).
- A Plaintiff CANNOT remove a case to Fed. Court.
**Abstention Doctrines
Federal Courts MAY abstain from hearing a case when it would intrude upon the powers of another court. Additionally, a court may stay a case arising from ambiguous state law to await the outcome of a pending state court case.
**Abstention Doctrine
- PULLMAN DOCTRINE - discretion to abstain when a case arises from unsettled areas of state law, and a state court interpretation may remove the need to decide the case on federal grounds.
- YOUNGER DOCTRINE - court may abstain from hearing constitutional challenges to a state action when it would interfere with a state judicial proceeding.
- COLORADO RIVER DOCTRINE - court should abstain when parallel (substantially the same) state and federal litigations are pending.
- BURFORD DOCTRINE - abstaining is appropriate if federal adjudication would interfere with a state’s administration of a complex regulatory scheme.
***PERSONAL JURISDICTION REQUIREMENTS
Federal courts must have Personal Jurisdiction (PJ) over a party for its judgment to be binding.
- Fed. Courts can exercise PJ to the same extent as the State courts where the federal district court is located.
***Personal Jurisdiction Falls into 2 categories:
1) Traditional bases of jurisdiction;
AND
2) Long-arm jurisdiction.
***Traditional Bases of Jurisdiction
a) Domicile;
b) Presence in the state when served;
c) Consent;
OR
d) Waiver (appearing in the action without objecting).
*The above comports with Due Process requirements.
***Long Arm Jurisdiction - To assert PJ over a non-resident:
1) The State must have a LONG-ARM STATUTE;
AND
2) Comply with CONSTITUTIONAL DUE PROCESS REQUIREMENTS - D has sufficient minimum contacts with the forum state so as not to offend traditional notions of FAIR PLAY AND SUBSTANTIAL JUSTICE.
----> Prong 1 - Minimum Contacts (contacts +relatedness) - Either:
a) GENERAL JURISDICTION - contacts so substantial and of such
nature that D is essentially at home;
i. Individuals = domicile in state
ii. Corporations = where Corp. is "at home" (usually where
incorporated or headquartered).
OR
b) SPECIFIC JURISDICTION - Connection between forum state and
underlying controversy AND lawsuit must relate/arise from d's
contact with the state.
i. Regularly occurring product sales in a state DOES NOT justify
jurisdiction of a claim unrelated to those sale.
----> Prong 2 - Fair Play & Substantial Justice (fairness) - Must be fair and
reasonable for D to be sued in the forum state.
***Timing - Service of Process & Notice
Summons and Complaint MUST be served on D within 90-days after filed with the court.
- Otherwise the court must –> (a) dismiss the action without prejudice against that D; OR (b) order that service be made within a specified period of time.
***Process Server - Service of Process & Notice
Service may be made by any person who is:
(1) at least 18 years old;
AND
(2) not a party to the action.
***Method of Service - Service of Process & Notice
The method of service must be consistent with Due Process –> REASONABLY CALCULATED to make the parties AWARE OF THE ACTION, and given them an OPPORTUNITY TO OBJECT.
- INDIVIDUAL –> may be served: (a) Personally; (b) via someone of
suitable age and discretion at the individuals’ current dwelling or usual
place of abode; (c) via an agent (by appointment or by law); OR (d) in
accordance with state law of the forum state or where service is made.
- CORPORATION , PARTNERSHIP, OR ASSOCIATION –> may be served:
(a) in accordance with state law of the forum state or where service is
made; OR (b) to an officer or managing/general/authorized agent.
- FOREIGN DEFENDANT –> may be served via any manner NOT
prohibited by international agreement.
***Proper Venue
Venue is Proper in any district where:
a) any defendant resides (if all defendants are residents of the forum state);
b) a substantial portion of the claim occurred;
c) a substantial portion of the property is located;
OR
d) if none of the above, then where any defendant is subject to the court’s
Personal Jurisdiction.
*Proper venue is determined at the time the action was filed.
***Transfer of Venue
If venue was proper when the case was filed, the court may transfer it if:
1) Needed for the convenience of the witnesses or in the interests of justice;
AND
2) The case could have initially be brought in the receiving court (court has PJ and SMJ).
If venue WAS IMPROPER when the case was filed, the court MUST either:
a) dismiss the case;
OR
b) transfer the case to a proper court if the interest of justice require it.
***Forum Selection Clause
Courts will enforce a forum-selection clause UNLESS special factors are present (i.e. significant/unusual hardship, inequality of bargaining power).
***State Law in Federal Court - Erie Doctrine
Applies when a federal case is brought under diversity of citizenship jurisdiction.
- Federal Courts will apply federal procedural law, BUT must apply the substantive law of the forum state in which it sits.
***Substance vs. Procedure
Procedural law = civil procedure rules, statute of limitations (except in limited circumstances), burden of proof, and rebuttable presumptions.
Substantive law = choice of law rules, statute of frauds, irrebuttable presumptions, state of limitations that condition a substantive right or have a borrowing statute.
***When Substantive Federal Law Applies
Federal law will apply for matters governed by the U.S. Constitution, laws passed by Congress, and valid federal law that preempts state law under the Supremacy Clause.
***Preliminary Injunction
Maintains the status quo pending he outcome of an action.
May be issued only:
1) upon NOTICE to the adverse party;
AND
2) if the moving party GIVES SECURITY/BOND (used to reimburse non-movant for injury caused by the injunction if the moving party is not successful on the merits).
Traditional 4-Prong Test requires:
1) Likelihood of P’s success on the merits;
2) Likely threat of irreparable harm to the movant;
3) The harm alleged by movant outweighs any harm to the non-moving party (balancing the harm);
AND
4) An injunction is in the public interest.
**Temporary Restraining Order (TRO)
Is an emergency remedy used to maintain the status quo pending the outcome of a preliminary injunction application.
To be issued, a movant must allege IMMEDIATE AND IRREPARABLE HARM, and a court will analyze the same factors as a preliminary injunction.
**Ex Parte TRO - Moving Party MUST:
1) Provide specific facts in a sworn statement showing IMMEDIATE AND IRREPARABLE INJUY, INJURY, LOSS, OR THAT DAMAGE ILL RESULT before an adverse party can be heard; AND
2) certify in writing any efforts made to give notice to the adverse party AND why notice should not be required.
If granted, an ex parte TRO AUTOMATICALLY EXPIRES AFTER 14 DAYS, UNLESS:
(a) the court sets a shorter time-frame for automatic expiration;
(b) the court extends it for good cause;
(c) the parties consent.
- The adverse party may move to dissolve or modify the TRO on 2-days' notice.
**As of Right - Amendments to Pleadings
Allowed to amend once as a RIGHT within 21-days after service of:
a) the original pleading;
OR
b) a responsive pleading or pre-answer motion to the original pleading.
By Permission - Amendments to Pleadings
In all other cases, an amendment is allowed:
a) with the opposing party’s WRITTEN CONSENT;
OR
b) with LEAVE OF THE COURT upon motion (should be freely granted when justice so requires).
**Adding Affirmative Defenses - Amendments to Pleadings
A party must set forth ALL affirmative defenses to the claim alleged.
- If a party fails to do so, the pleading MUST be amended.
**Waived Defenses - Amendments to Pleadings
If the following defenses are NOT included in the D's first response (answer/pre-answer motion), they are DEEMED WAIVED: (1) lack of PJ; (2) Improper Venue; (3) Insufficient process; AND (4) Insufficient service of process.
- BUT, courts have allowed adding waivable defenses to a MTD when: (1) promptly made; AND (2) it's prior to a hearing on the original motion.
**Relation Back Doctrine - Amendments to Pleadings
When a Complaint is amended to add a:
NEW CLAIM –> relates back to the date of the original filing so long as it arises out of the SAME TRANSACTION OR OCCURRENCE as the original pleading allegations.
NEW DEFENDANT –> relates back so long as:
1) same transaction and occurrence;
2) new party received notice of the original action within 90 days of filing; AND
3) new party knew (or should have known) that the action would have been brought against it but for a mistake in the party’s identity.
**Counterclaim - Amendments to Pleadings
A claim against an opposing party.
**Permissive Counterclaim - Amendments to Pleadings
Counterclaims that are not compulsory.
**Compulsory Counterclaim - Amendments to Pleadings
A claim that:
(1) arises out of the same transaction or occurrence;
AND
(2) does not require adding another party of the court’s jurisdiction.
- MUST be stated in party’s pleading or it’s deemed waived.
**Same Transaction or Occurrence Factors - Amendments to Pleadings
Courts analyze whether:
1) Issues of fact and law are largely the same;
2) Res judicata would bar a subsequent suit;
3) Substantially the same evidence supports or refutes the claims;
AND
4) If there is any logical relation between the claim and counterclaim.
*The presence of ANY factor above supports that the claim arises out of the same transaction or occurrence.
*Cross-Claims - Amendments to Pleadings
A pleading may state a claim against co-party (co-defendant) as a cross-claim, BUT only if it arises out of the SAME TRANSACTION OR OCCURRENCE as the original action or counterclaim.
