CivPro: Definitions Flashcards
federal question jurisdiction
the claim arises under federal law
diversity jurisdiction
(1) all plaintiffs are completely diverse from all defendants
(2) the amount in controversy exceeds $75,000
supplemental jurisdiction to federal question jdx
the claim is part of the same case or controversy / shares a common nucleus of operative fact / arises out of the same transaction or occurrence
supplemental jurisdiction to diversity jdx
the claim is part of the same case or controversy AND is not being asserted against a defendant made party through compulsory or necessary joinder, intervention, or impleader AND is not being asserted BY a plaintiff made party through intervention or compulsory joinder
compulsory joinder
party is necessary to the lawsuit because
- complete relief could not be afforded without them,
- they have an interest that would be impeded by the litigation, OR
- there is substantial risk of inconsistent or multiple judgments
if necessary, must be joined if feasible (still PJ and SMJ)
permissive joinder
claims arise out of same transaction or occurrence AND there is a common question of law or fact
intervention as of right
- party has an interest in the litigation
- interest may be impaired by the litigation
- party’s interests are not adequately represented by current parties
permissive intervention
common question of law or fact; requires independent SMJ
interpleader
when there are competing parties to the same property
Federal Interpleader Act
eases interpleader
- nationwide service of process
- minimal diversity
- AIC exceeds $500
- proper venue where any claimant resides
impleader
defendant joins party who may be liable to defendant for all or part of plaintiff’s damages; requires independent SMJ
four requirements for class action
- numerosity
- commonality
- typicality
- adequacy of representation
three categories of class actions
- common questions predominate and class action is best way to fairly and efficiently adjudicate
- prejudice risk of inconsistent judgments
- equitable relief appropriate
CAFA
for class actions with AIC > $5M and members > 100, minimal diversity with any (even unnamed) plaintiff
compulsory counterclaim
arises out of same transaction or occurrence; if not raised, lost
permissive counterclaim
just some other claim against the same party; can be raised now or later
crossclaim
against a co-party; must arise out of same transaction or occurrence
doctrine of relation back
new claim: arises out of same transaction or occurrence
new defendant:
- same conduct, transaction, or occurrence
- defendant received notice within 90 days of complaint
- defendant knew or should have known that they would have been made party were it not for a MISTAKE
claim preclusion / res judicata
- final judgment on the merits
- same parties or successors in interest
- same claim
issue preclusion / collateral estoppel
- matter was actually and necessarily decided
- same issue of fact
- same party to be precluded
preliminary injunction
- likelihood of success on the merits
- irreparable harm
- balance of equities in favor
- in the public’s interest
temporary restraining order (TRO)
- immediate and irreparable harm
- attempt to give notice and reasons for failure
proper venue
- if all Ds in same state, any district in which a D resides
- state where substantial portion of events took place
- any place where D is subject to PJ
right to jury trial
for legal claims exceeding $20
judge’s actions if jury’s verdict is inconsistent with jury’s special interrogatories
- order a new trial
- direct the jury to consider further
- enter judgment in line with answers to special interrogatories
