Civil Procedure & Real Property - Inter weaving Flashcards
Removal - Diversity
What is the time frame for the homeowner to move to remand after a notice of removal is filed?
30 days
This is due to the in-state defendant limitation in diversity of citizenship jurisdiction.
In the case of Plaintiff (North Carolina) suing Defendant (South Carolina) for $100,000 damages, do you need supplemental jurisdiction for the counterclaim if it is a state-law tort claim for $125,000?
No
The counterclaim invokes diversity of citizenship.
In the same case, do you need supplemental jurisdiction for the counterclaim if it asserts a federal law claim for $50,000?
No
The counterclaim invokes federal question jurisdiction.
In the same case, would you need supplemental jurisdiction for the counterclaim if it is a state law tort claim for $50,000?
Yes
The amount in controversy requirement for diversity jurisdiction is not satisfied, and it does not invoke federal question jurisdiction.
Can an Ohio plaintiff sue an Ohio defendant for a federal antitrust claim and also join a state antitrust claim based on the same conduct?
Yes
The federal antitrust claim invokes federal question jurisdiction, but the state antitrust claim does not meet diversity requirements.
What is the starting point for a defendant to remove a case?
The defendant can remove a case that meets the requirements for diversity of citizenship or FQ jurisdiction
FQ jurisdiction refers to federal question jurisdiction, which involves cases arising under federal law.
What is the ‘in-state defendant rule’?
The case should not be removed if any defendant is a citizen of the forum state
This rule prevents local defendants from being removed to federal court, maintaining the integrity of state courts.
What is the time limitation for removing a case based on diversity of citizenship?
The case should not be removed more than one year after the case was filed in state court
This limitation aims to prevent strategic delays and ensure timely resolution of cases.
What is the significance of the state court’s choice of law rules in this case?
They determine which state’s law will be applied by the federal court
The federal court may apply the law of State D or State C based on State B’s rules.
True or False: The federal court can apply the law of either State C or State D regardless of State B’s choice of law rules.
False
The federal court must follow State B’s choice of law rules.
Fill in the blank: In a diversity case, the federal court applies the law that would be applied by the courts of the state in which the federal court is located, including the state’s _______.
choice of law rules
This ensures consistency with state law.
What must a grantee have to be bound by a covenant that does not appear in their deed or chain of title?
A grantee must have:
* Notice of the covenant
* The covenant must touch and concern the land
* The covenanting parties intended for successors to be bound by the covenant
These conditions ensure that the grantee is aware and understands the implications of the covenant.
What is an equitable servitude?
An equitable servitude is a covenant that can be enforced in equity against successors to the burdened land who have notice of the covenant
This means it is a promise regarding land use that holds legal weight even if it’s not formally recorded.
In the absence of a writing, what must exist for a negative equitable servitude to be implied?
Two conditions must exist:
* A common scheme for development
* The grantee must have actual, record, or inquiry notice of the covenant
A common scheme indicates a plan for development that includes the negative covenant terms.
True or False: Vertical privity is required for the burden of an equitable servitude to run to successors in interest.
False
Vertical privity is not a requirement for equitable servitudes.
What is the effect of a covenant against encumbrances in a general warranty deed?
It assures that there are neither visible nor invisible encumbrances against the title or interest conveyed
This does not impact a successor’s ability to enforce an equitable servitude.
Fill in the blank: A _______ deed conveys whatever interest, if any, the grantor has in the property.
[quitclaim]
A quitclaim deed does not guarantee that the grantor has any valid interest in the property.
What are the requirements for a subsequent purchaser for value to be bound by a covenant?
The subsequent purchaser must have:
* Notice of the covenant at the time of acquiring the land
If they did not have notice, they are not bound by the covenant.
What is required for a commercial builder to be bound by a restriction?
The builder must have inquiry notice of a common scheme for development
Inquiry notice means the builder should have been aware of common restrictions in the area.
True or False: Horizontal privity is required to enforce the burden of an equitable servitude.
False
Horizontal privity is not necessary for equitable servitudes.
What is the difference between horizontal privity and vertical privity?
Horizontal privity refers to the original parties sharing an interest in the land independent of the covenant, while vertical privity refers to the relationship between the covenantor and their successor in interest
Both types of privity are important in property law, but only vertical privity is relevant for some types of covenants.
What happens if a grantee does not have notice of a covenant?
They are not bound by the covenant
Notice is crucial for the enforcement of equitable servitudes against successors.
