CivPro Intro Cards Flashcards
To hear a civil case, a court must have what two types of jurisdiction?
Subject-Matter Jurisdiction (SMJ) and Personal Jurisdiction
Can a party waive federal subject matter jurisdiction?
No. A federal court can only hear a case if it has subject matter jurisdiction. State courts, in contrast, are courts of general jurisdiction
What are the two types of Federal Subject Matter Jurisdiction?
Federal Question Jurisdiction and Diversity Jurisdiction
What is Federal-Question Jurisdiction?
A federal court has SMJ over a well-pleaded complaint If the claim arises under the Constitution, laws, or treaties of the USA. This is § 1331 jurisdiction.
What is Federal Diversity SMJ?
Federal Diversity SMJ occurs if (i) there is complete diversity of citizenship between the parties (no plaintiff is the citizen of the same state as any defendant) and (ii) if the claim satisfies the amount-in-controversy requirement (equal to or greater than $75k)
Supplemental jurisdiction: §1331 of §1332 allows claims to be attached to a suit if the claim arises from the _____ _____ or _______ as the claims that have SMJ.
same transaction or occurrence
What’s the process of moving a claim from state to federal court called?
Removal
When can a defendant remove a claim from state to federal courts?
When the court has subject matter jurisdiction. Removal is made to the federal court in the district and division where the state court is located (where the claim originated).
What are the three types of personal jurisdiction?
In Personam (in-person); in rem (over property) and quasi-in-rem (attachment of property as a basis for jurisdiction over the owner)
When does a state have personal jurisdiction over a defendant? (three types)
When he is domiciled in the state; when he is physically present in the state when served with process; or when he gives express or implied consent to the state’s jurisdiction.
When can a court have long-arm personal jurisdiction over a non-resident?
As allowed by the state statute so long as it satisfies the terms of federal due process.
A state create specific personal jurisdiction through the long-arm statute by establishing that the defendant has ________ ties to the state
Voluntary
A state create general personal jurisdiction through the long-arm statute by showing that the defendant’s (i) ______ with the (ii) _______ are so (iii) _____ and _______ that the defendant can be ruled to be (iv) __ -____ in the state.
(i) contacts (ii) state; (iii) continuous and systematic; (iv) at-home
How does the long-arm personal jurisdiction satisfy due process concerns?
There must be sufficient minimum contacts such that asserting jurisdiction would not offend “traditional notions of fair play and substantial justice.*
How can in rem and quasi-in-rem issues create personal jurisdiction?
The state can allow a plaintiff to adjudicate against a defendant’s property in the state, or to use the defendant’s property as a proxy (quasi-in-rem) for the issue under litigation.
What are the due process requirements for service of process?
Due process requires that the defendant (i) receive notice and (ii) have he opportunity to be heard.
How can a plaintiff serve process on a defendant? (three ways)
(i) Actual Services (personal delivery of the summons and complaint to the defendant); (ii) Substituted service (e.g., mail); (iii) Constructive service (e.g., by publishing notice in a newspaper)
What is venue?
Venue is the geographic location of the court
Where is venue proper? (three explanations)
(i) where any defendant resides, if all the defendants reside in one state); (ii) where a substantial part of the events or omissions basing the claim occurred, or where the property is located; (iii) or where any defendant is subject to personal jurisdiction, if no more appropriate venue is available.
What remedy can a defendant seek where venue is improper? (two remedies)
A defendant can seek dismissal or transfer
What is forum non conveniens
Forum non conveniens is the ability of a defendant to request dismissal even if venue is legally proper, because it would be better to hear the case in another jurisdiction
A venue is available for a transfer of value in: (i) any venue in which the ___ _____ _____ _____ _____; (ii) a venue that is convenient for the ______ and _______; (ii) a venue that is in the interest of _______ ; (iv) any venue __ _____ ___ ______ _____.
(i) case could have been filed; (ii) parties and witnesses: (iii) justice; and (iv) to which the parties agree
What substantive law applies in a federal diversity case?
State substantive law.
What procedural law applies in a federal diversity case?
Federal procedural law.
If federal law conflicts with state law, the federal rule applies if the rule is: (i) _______, (ii) the issue rule is ______ ________, and (iii) its use have no change to the ______ ______ __________.
(i) valid, (ii) arguably procedural; and (iii) defendant’s substantive rights.
If there is no federal rule addressing whether a law is substantive or procedural, the Court applies the (i) _____ standard: (ii) whether the choice of federal or state laws is ________; (iii) whether the _____ law expresses a _____ _____ _____; (iv) whether a _________ federal policy should overcome the state law; and (v) which choice would best serve the twin aims of Erie (_______ _______ ________ and ____ _____ )
(i) Erie; (ii) determinative; (iii) state, strong state interest; (iv) countervailing; (v) discouraging forum shopping and advancing equity
In federal diversity cases, how does a court choose which state’s substantive law to apply?
The federal court will use the state’s conflict-of-law rules.
To obtain a preliminary injunction the moving party must show: The moving part must show: (i) the injunction is _____ to ________ on the ______; (ii) without the injunction the moving party will experience _______ _____ ; (iii) the _______ ______ _____ the cause harmed by the injunction; (iv) the injunction is in the ____ _____.
(i) likely to succeed on the merits; (ii) irreparable harm; (iii) threatened injury outweighs; (iv) public interest
What is a TRO?
A temporary restraining order. A short-term injunction that prohibits the counter-party from doing something until the injunction is adjudicated.
The three categorical requirements of a federal Complaint are: (i) the grounds for ____ _____ and _____ _______: (ii) a _____, ______ _______ of the claim, including sufficient facts to make the claim plausible on its face; and (iii) a ________ _____ ______
(i) subject matter and persona jurisdiction; (ii) short, plain statement; (iii) demand for relief
What is the object of the defendant’s answer? (three responses)
(i) state any defenses; (ii) admit or deny the complaint’s allegations; and (iii) plead any affirmative defenses
What is Joinder?
The process of assembling parties and claims against a civil case, in initial pleadings, or thereafter.
How is a party joined under FRCP 18 (Permissive Joinder)?
Any party can file all claims it has against another party in a single suit, assuming all claims meet subject-matter jurisdiction requirements, even if the claims are not related. The court allows the Joinder, it requires no consent from the defendant. This refers to joinder of claims.
What are the requirements for adding parties by Joinder?
There must be personal and subject-matter jurisdiction over the party, venue must be proper. The court can join either through permissive joinder (FRCP 20) or compulsory Joinder (FRCP 19).
What is the Real Party in Interest requirement of a Complaint?
A Complaint must be brought against the defendant who has the substantive rights on which the action is based.
What is Impleader?
Impleader is the ability of the defendant to attach another claim to the case against a third-party. The original defendant becomes the third-party plaintiff and the new, third-party added is the third-party defendant. This is the process that is used for indemnity claims.
What is Interpleader?
Under FRCP 22 or Title 28, if multiple claimant are asserting the right to the same property or money, the court may join all the claimants in one case.
What is Intervention?
FRCP 24 – a party who is neither the plaintiff for defendant may move to join the action.
The requirements to bring a federal class action case (in a addition to all other suit requirements are: (i) the class must be so ________ that ________ of all of its members is ___________; (ii) the case presents _____ _______ of ____ or _____ ; (iii) the ______ _____ claims or defense are _____ of the class; and (iv) the representative party will fairly and adequately protect the class’s interest
(i) numerous, joinder, impractical; (ii) common questions of law or fact; (iii) representative party’s, typical
Describe the Discovery phase
Discovery is the process by which parties to a lawsuit provide and obtain information about their claims and defenses. The parties must hold an initial discovery conference and create a discovery plan to submit to the court.
What sort of items are in scope for Discovery?
Any (i) non-privileged information; (ii) relevant to and parties claims and (iii) proportional to the needs of the case. Information may be discoverable even if it is inadmissible
Without waiting for a discovery request, parties must disclose (i) _____-______, (ii) ________, (iii) ________, and (iv) _________.
(i) expert-testimony; (ii) witnesses; (iii) evidence; and (iv) exhibits
