CivPro Flashcards
Requirements for class action in federal court?
To bring a class action suit in federal court, SMJ must be satisfied, i.e., federal question or diversity of citizenship. Where class action is based on a federal claim, there is no diversity or AIC requirement. Diversity of citizenship jurisdiction requires (i) complete diversity between representative of the class and all Ds and (ii) the class representative’s claim must exceed $75K.
How is Federal Court Personal Jurisdiction satisfied?
Personal jurisdiction = power to bring a person or entity into its adjudicative process. Determined in federal court under the same standard used in state court. Two sources:
1. traditional and 2. constitutional (long-arm st.)
What are the traditional bases for Fed. personal jurisdiction?
- physical presence at the time of services.
- domicile.
- express consent.
What is the statutory bases for Fed. personal jurisdiction?
a state long-arm statute, which specifies when a state court may exercise personal jurisdiction. Must satisfy DPC requirements, which requires that D must have certain minimum contacts with the forum state such that maintenance of the suite does not offend traditional notions of fair play and substantial justice.
What is the standard for summary judgement?
Whether there is no genuine dispute as to any material fact such that the moving party is entitled to judgement as a matter of law.
Standard for judgement as a matter of law (or renewed JMOL)?
Court must let a jury verdict stand if there is substantial evidence–more than a scintilla-supporting the verdict.
What is non-mutual issue preclusion (a/k/a collateral estoppel)?
The exercise of issue preclusion (a/k/a/ collateral estoppel) by a person who was not a party to the prior litigation. Must be used against a party who was a party to the prior litigation.
Federal Court application of non-mutual issue preclusion?
Fed. law permits non-mutual issue preclusion but a federal court must give full faith and credit to state court judgements by giving them the same effect the state would give. If a state prohibits non-mutual issue preclusion, a federal court must deny it use.
What order should a court give to actions involving both legal and equitable relief?
Legal issues first (with jury if requested) and equitable issues second decided by judge.
Grounds for granting a new trial?
(i) prejudicial error, (2) misconduct by judge, adverse party, jury or juror, (3) newly discovered evidence, (4) erroneous jury instructions, (5) verdict against the great weight of evidence, or (6) excessive or inadequate damages.
