CivPro: Definitions

Question 1

federal question jurisdiction

Answer 1

the claim arises under federal law

Question 1

diversity jurisdiction

Answer 1

(1) all plaintiffs are completely diverse from all defendants
(2) the amount in controversy exceeds $75,000

Question 2

supplemental jurisdiction to federal question jdx

Answer 2

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

Question 3

supplemental jurisdiction to diversity jdx

Answer 3

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

Question 4

compulsory joinder

Answer 4

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)

Question 5

permissive joinder

Answer 5

claims arise out of same transaction or occurrence AND there is a common question of law or fact

Question 6

intervention as of right

Answer 6

• party has an interest in the litigation
• interest may be impaired by the litigation
• party’s interests are not adequately represented by current parties

Question 7

permissive intervention

Answer 7

common question of law or fact; requires independent SMJ

Question 8

interpleader

Answer 8

when there are competing parties to the same property

Question 9

Federal Interpleader Act

Answer 9

eases interpleader
- nationwide service of process
- minimal diversity
- AIC exceeds $500
- proper venue where any claimant resides

Question 10

impleader

Answer 10

defendant joins party who may be liable to defendant for all or part of plaintiff’s damages; requires independent SMJ

Question 11

four requirements for class action

Answer 11

• numerosity
• commonality
• typicality
• adequacy of representation

Question 12

three categories of class actions

Answer 12

• common questions predominate and class action is best way to fairly and efficiently adjudicate
• prejudice risk of inconsistent judgments
• equitable relief appropriate

Question 13

CAFA

Answer 13

for class actions with AIC > $5M and members > 100, minimal diversity with any (even unnamed) plaintiff

Question 13

compulsory counterclaim

Answer 13

arises out of same transaction or occurrence; if not raised, lost

Question 14

permissive counterclaim

Answer 14

just some other claim against the same party; can be raised now or later

Question 14

crossclaim

Answer 14

against a co-party; must arise out of same transaction or occurrence

Question 15

doctrine of relation back

Answer 15

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

Question 16

claim preclusion / res judicata

Answer 16

• final judgment on the merits
• same parties or successors in interest
• same claim

Question 17

issue preclusion / collateral estoppel

Answer 17

• matter was actually and necessarily decided
• same issue of fact
• same party to be precluded

Question 18

preliminary injunction

Answer 18

• likelihood of success on the merits
• irreparable harm
• balance of equities in favor
• in the public’s interest

Question 19

temporary restraining order (TRO)

Answer 19

• immediate and irreparable harm
• attempt to give notice and reasons for failure

Question 20

proper venue

Answer 20

• 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

Question 21

right to jury trial

Answer 21

for legal claims exceeding $20

Question 22

judge’s actions if jury’s verdict is inconsistent with jury’s special interrogatories

Answer 22

• order a new trial
• direct the jury to consider further
• enter judgment in line with answers to special interrogatories