CivPro Flashcards
Subject Matter Jurisdiction (Federal, Diversity, Supplemental)
SMJ is the court’s competence to hear and determine a case of the type and subject as the claim in question.
A federal court has (a) federal question jurisdiction where the plaintiff includes a federal law claim on its well pleaded complaint; or (b) diversity jurisdiction where there is complete diversity of citizenship between opposing parties and the amount in controversy (AIC) exceeds $75,000.
Where it has neither (a) nor (b), it may in some cases still hear a claim under supplemental jurisdiction if that claim arises from the same transaction or occurrence as a case over which the court does have subject matter jurisdiction and there are common issues of fact or law between the matters.
Personal Jurisdiction
A court must be able to exercise judicial power over the persons and property involved in a controversy before it. This is called personal jurisdiction.
Where a party is not domiciled in the forum state (or does not consent or receive personal service in state), the state’s ‘long arm’ statute will apply, subject to the overriding requirements of the due process clause of the fourteenth amendment.
Where the statute is coextensive with the due process clause, the requirement will be that the party has minimum contacts with the forum state such that he has purposefully availed himself of the benefits or protections of that state and it is foreseeable that he might be sued there. In addition, exercising personal jurisdiction must conform with traditional notions fair play and substantive justice.
Where a case or controversy arises out of a defendant’s contacts with the forum state, there will be specific jurisdiction. However, where the defendant is ‘at home’ in the state, then there may be general jurisdiction; this will be the case if the defendant’s contacts were continuous and systematic.
Personal Jurisdiction - Bulge provision
Personal jurisdiction applies to a person served within 100 miles of the court house of the forum for two types of action:
- Impleader (third party practice) - Rule 14- person impleaded because they are liable for contribution to D’s liability to P in main action
- Compulsory joinder - Rule 19 - party who is necessary for a just adjudication, ie becuase complete relief cannot be provided to P without them
Venue incl transfer
If there is subject matter jurisdiction and personal jurisdiction, an action must still be heard in a proper venue.
Venue is proper (a) in any district where any defendant is resident (if all defendants are resident in the same state); (b) in the district where a substantial proportion of the events took place or the property in question is located; or if neither (a) nor (b), then any district that has personal jurisdiction over the defendant (if foreign defendant, any district in the country).
Venue can be transferred on motion. If the case was originally filed in an improper venue, it will be transferred to a proper venue (if diversity, transferee state law applies); if case was originally filed in a proper venue, it may still be transferred for the convenience of the parties (in diversity, transferor law applies).
Removal
Where a claim was filed in state court, the defendant may remove the claim to the federal court in the district in which the state court sits provided (a) the claim could have originally been filed in federal court and (b) no defendant is a citizen of the state where actually filed originally (home court advantage). Plaintiff may move to remand.
If multiple defendants, all must consent.
Class action
Common law:
CAN’T:
Commonality
Adequacy of relief
Numerosity
Typicality
Federal CAFA: 100 members, minimal diversity, $5m aggregate damages (national service)
Claim preclusion
Under the doctrine of res judicata (claim preclusion), a final judgment on the merits precludes the parties from successive litigation of an identical claim.
In suit 2, the parties must be identical to suit 1
Includes state law judgment with prejudice (eg failure to prosecute etc)
In determining the claim-preclusive effect of a prior federal judgment in an action based on diversity jurisdiction, federal common law requires that the law of the state in which the federal court rendered its judgment be applied.
Issue preclusion
The doctrine of collateral estoppel (issue preclusion), prevents relitigation of an issue of fact or law that has been necessarily decided by a judge or jury in a prior action.
Party against whom the issue is precluded, must have been a party in the first action.
Requirements: (1) same issue as in prior action (2) actually litigated (3) necessary to (4) a final binding judgment.
Service of Process
Plaintiff must serve summons and complaint on defendant within 90 days of filing.
Service of process is proper if D is in USA (“SAID”)
- State law menthod - any method of service permitted by the state exercising its general jurisdiction
- Agent - Delivering to D’s agent
- Individual personally - personal service to the individual
- Dwelling - leave at dwelling or usual abode with person of sufficient age and discretion
If D is not in USA:
under international agreement. If none, any manner permitted by the foreign country; certified mail if not prohibited by the foreign country.
CORPORATION:
officer, managing agent, general agent, or agent appointed or authorized by law to receive process
Preliminary Injunctions and TROs
Preliminary Injunction preserves the status quo until final judgment. Four requirements: (a) moving party is likely to succeed on the merits (b) moving party would suffer irreparable harm without the preliminary inj (c) moving party will suffer more harm than non-moving party if no PI is issued and (d) it is in the interests of the public.
Other side must have notice of PI and may object.
A TRO preserves the status quo for up to 14 days. Same requirements above but may be granted ex parte if efforts made to give notice and moving party will suffer irreparable harm before nonmoving party can be located or heard by the court.
Rule 11 Sanctions
made if an improper paper is presented to the court
Can be imposed sua sponte or on motion (if on motion party must give other side 21 days to withdraw the offending paper prior to filing their motion with the court)
Amending a pleading
may be amended as of right once within 21 days after service (or if the pleading requires a response, 21 days after the service of the responsive pleading/mmotion)
After 21 days the party must obtain leave of the court, but the court will freely give leave when justice so requires
Counterclaims
- compulsory counterclaims - if CC arises out of same transaction or ocurrence, D must bring it, or D loses it.
- permissive counterclaim - if CC does not arise our of same transaction or occurrence, D may (but need not) bring it.
Crossclaim
D v D or P v P
Must arise out of same transaction or occurrence.
Never compulsory
Discovery
Parties may discover anything relevant and not privileged.
Methods:
- interrogatories (25 per side) - parties only
- requests to admit - parties only
- depositions (subpoenas for non-parties)
Work product (anything prepared in anticipatino of litigation) is not discoverable unless there is a substantial need and undue hardship. (Never attorney’s mental impressions).
