Civil Procedure Mnemonics Flashcards
Federal question jurisdiction is present in its CAT laws
C- The US CONSTITUTION
A- ACTS of Congress
T- TREATIES signed by the united states
there are three “VCR” exceptions to the mootness doctrine
V- If there is a voluntary, but not permanent change in position
C- Class Action is not totally moot (1 person has case/controv.)
R- Repetition –> π will be subjected to same injury again
Diversity and Supplemental Jurisdiction require federal courts to apply state procedural law and not FRCP for PIPS
P- Privileges
I- Incompetency of Witnesses
P- presumptions and interferences
S- Statute of limitations
a federal court has discretion to decline supplemental jurisdiction to hear a claim related to a pending federal claim because of COP
C- state law claim presents a COMPLEX/novel issue
O- the federal court dismissed the ORIGINAL (Cat/DJ) claim on the merits
P- State law claim PREDOMINATES over the federal claim.
VIP must be raised in a motion to dismiss if such motion is made, or in an answer, if not, the defense is waived:
V- Improper VENUE
I- INSUFFICIENT service of process
P- Lack of PERSONAL jurisdiction
in determining whether a motion for Forum Non Convenience should be granted, the court will consider whether the case should be tried HERE
H- HARDSHIP on the defendant and the court if the forum non convenience motion is denied
E- location of the EVIDENCE in the case
R- RESIDENCE of the parties
E- location of the EVENT
To obtain valid Procedural Jurisdiction, 14th amendment due process clause requires the defendant have MOP
M- some MINIMUM contact with the forum state
O- an OPPORTUNITY to be heard in the suit
P- been PROPERLY served with process
Long Arm Jurisdiction (Specific Jurisdiction) arises from a RIOT in the state
R- non-domiciliary D owns, uses or possesses REAL property within the state (& Ps claim arises out of it)
I- D commits a tortious act IN that state to plaintiffs person or property (or economic injury)
O- D commits a tortious act OUTSIDE the state, causing injury in the state (Note: 3-S for strict PL cases)
T- D TRANSACTED business in the state
Service of process is proper under SWAPS
S- leaving summons at Ds dwelling with a SAD (Suitable Age and Discretion) person who RESIDES THERE
W- when D agrees in writing to WAIVE formal service of process
A- delivering a copy to an AGENT authorized by law or appointment to receive service of process on D’s behalf
P- delivering process PERSONALLY to the defendant
S- serving Defendant according to STATE law either where the district court is located or state where service is made
A federal court on default judgment may be vacated for “good cause” which requires the defendant to submit a REAM of papers
RE- REASONABLE EXCUSE as to why ∆ defaulted; and
AM- AFFIDAVIT of MERIT on the Defendant’s viable defense
ANT can save a time barred related claim when the pleading is amended
A- claim AROSE out of the same transaction/ occurrence pleaded in P’s original complaint
N-the P’s original complaint gave the D NOTICE of the new claim
T- it was TIMELY when P first commenced the action filed w/ clerk of court)
ANT can allow a new party to be added to a complaint despite SOL expiring when
A- the claim against new D AROSE out of the same T/O
N- within 90 Days from filing complaint w/ federal court the new defendant had NOTICE of the plaintiff’s mistake
T- the claim against new D was TIMELY when the summons and complaint was first filed in fed. ct
When thinking of summary judgment in federal court think of LIPS
L- the motion can be decided as a matter of LAW
I- there are no material ISSUES of fact to be litigated
P- the court can grant PARTIAL summary judgment
S- the court can SEARCH the record but only on issues raised in the motion papers
a preliminary injunction or a TRO will not be granted unless π demonstrates by clear and convincing evidence LIE
L- LIKELIHOOD (a probability but not certainty) of πs success on a meritorious claim
I- IRREPARABLE injury is occurring or will occur to π unless the preliminary injunction is granted
E- EQUITIES, when balanced by the court, clearly weigh in πs favor (comparative hardship test)
In federal practice AID MD devices are used for pretrial discovery
A- ADMISSIONS demand I- written INTERROGATORIES D- DEPOSITIONS M- MENTAL and physical exams D- DISCOVERY and inspection of evidence
Protective orders seek to prevent unreasonable DEEP abuse of discovery procedures
D-DISADVANTAGE (unreasonable/cumulative demands)
E- EMBARASSMENT
E- EXPENSE outweighs benefit of discovery (proportionality test- RAABBII)
P- PREJUDICE
discovery requests may be limited by a protective order where the need for discovery is not proportional to the burden of discovery. A look at a RAABII decides this
R- the parties RESOURCES
A- The parties relative ACCESS to the material
A-the AMOUNT in controversy
B-BURDEN on the parties
B- BENEFIT to be derived by the discovery
I I - the IMPORTANCE in resolving the ISSUES of the claim
an objection to the form of a question in a deposition are A CLAMS BAR
A- an Ambiguous question
C- a Compound Question
L- Leading questions on direct examination (except of a HAIRY witness)
A- Argumentative and badgering questions M-Misquoting an earlier statement of the witness in a question
S-asking the witness to Speculate
B-an overly Broad question
A- a question that Assumes a fact not yet in evidence
R- a Redundant question on direct examination that has been previously asked and answered
when sanctions for failure to comply w/ discovery are proper A DRIPS can be imposed:
A- Attorney’s Fees and punitive sanctions
D-Dismiss the action or ordering a default
R- Resolve certain issues against that non-disclosing party
I- allowing a Adverse inference jury charge
P- precluding party from offering evidence on certain issues
S- striking that party’s pleading on any part thereof
to successfully assert collateral estoppel a party must show: I.F.
I - the IDENTICAL ISSUE was previously decided in an earlier action
F- the party against whom collateral estoppel is being asserted had a FULL and FAIR opportunity to previously litigate the issues
for certification of a class action to be proper, CANT must be present:
C - Common questions of law or fact that exist w/in the entire class A - Adequate representation to protect the interests of the class N - the class is so Numerous that joinder of all members is impractical T - claims or defenses of the class representative are Typical of the class (similar injury)
a nonfederal claim can be removed from state to federal court where the defendant is a STUDD
S- exceeds Seventy-Five Thousand Dollars
T- petition/attachments are filed in fed court within THIRTY days of receiving document indicating claim is removable
U- Unanimity –> all ∆s must sign removal petition
D- no defendant DOMICILED in removal state
D- complete DIVERSITY
service on a corporation must be made on a GO A.M person
G- General Agent
O- Officer
A- Authorized Agent to receive process
M- Managing Agent
in a rule 12(b)(6) motion to dismiss court opinions always cite FAT DRIPS
FACTUAL ALLEGATIONS are accepted as TRUE and the court DRAWS all REASONABLE INFERENCES in the PLAINTIFFS favor
SCRAM if you don’t have a justiciable claim
S – STANDING C – CASE or controversy R – RIPENESS A – ABSTENTION M – MOOTNESS
SAD-J has the key to the door of the Federal Court house: challenges a state law:
S – SUPPLEMENTAL jurisdiction
A – ARISING under jurisdiction
D – DIVIERSITY jurisdiction
J – JUSTICIABILE claims
For the court to find sufficient minimum contacts over a defendant, the defendant must CHILI:
C – D CONSENTS to jurisdiction in the forum state;
H – The state where a corporation or individual is at HOME, e.g. its corporate headquarters is in
that state or where an individual is domiciled;
I – The state where a corporate defendant was INCORPORATED;
L – D is a non-domiciliary but the court has LONG-ARM jurisdiction; or
I – D is a non-domiciliary served IN-STATE
Class action is appropriate if
Mnemonic: No Commies To Represent
Numerosity
Commonality
Typicality
Representativeness
