Fed Civ Pro

Question 1

Minimal Diversity is allowed in the following circumstances

Answer 1

-Federal interpleader act;
-Class actions with claims more than $ 5 million; and
-Interstate mass torts if at least 75 natural persons from many states have died in
one accident (e.g., airline crash).

Question 2

Minimal Diversity

Answer 2

Exists when any plaintiff is diverse from any defendant

Question 3

Diversity must exist when

Answer 3

the complaint is filed NOT when the cause of action occurred or when the trial commences

Question 4

Removal based on diversity jurisdiction is proper only if:

Answer 4

1. There is complete diversity;
2. The amount in controversy exceeds $75,000; and
3. The action is brought in a state of which no defendant is a citizen

Question 5

Removal based on diversity jurisdiction time limit:

Answer 5

Must remove within one-year of the commencement of the action in state court, unless the plaintiff acted in bad faith to try to make the case nonremovable

Question 6

Notice of removal is filed in

Answer 6

the federal court, with a copy to the state court.

Question 7

When the notice of removal is filed, state court jurisdiction…

Answer 7

ends automatically

Question 8

In the case of an improper removal, plaintiff can

Answer 8

file a petition for remand

Question 9

Only plaintiffs or defendants can file for removal?

Answer 9

Defendants

Question 10

In order for a case to be removed, all defendants must consent to the removal within

Answer 10

30 days of service of the lawsuit.

Question 11

Removal moves case from

Answer 11

state court to federal court

Question 12

Transfer moves case from

Answer 12

one federal court to another federal court

Question 13

Removal is proper only if

Answer 13

the case could have been brought originally in federal court

Question 14

For removal purposes, case must have come within the _____ of the federal court

Answer 14

Original

Question 15

Hypothetical to determine whether removal is proper:

Answer 15

If the plaintiff had sued in federal court in the first place, would the federal court have had subject matter jurisdiction?

Question 16

Well-pleaded complaint rule:

Answer 16

Federal question jurisdiction exists only when the federal question appears on the face of the well-pleaded complaint

Question 17

If a case was improperly removed, plaintiff can file a petition for

Answer 17

remand

Question 18

Claims constitute the “same case or controversy” if they

Answer 18

arise out of the same common nucleus of operative fact.

Question 19

Supplemental jurisdiction allows a federal court with subject matter jurisdiction over a case to hear additional claims over which the court would not independently have jurisdiction if

Answer 19

ALL the claims constitute the same case or controversy.

Question 20

Supplemental Jurisdiction is within the courts ____ to exercise

Answer 20

discretion

Question 21

Same nucleus of operative fact means

Answer 21

all the claims arise out of the same transaction or occurrence.

Question 22

Supplemental Jurisdiction applies whether or not the claims involve the joinder of an additional party

Answer 22

Example 10: Plaintiff asserts a federal claim against Defendant 1 and a related state-law claim, arising out of the same common nucleus of operative fact, against Defendant 2. The federal court may hear both the federal claim against D1 and the state-law claim against D2

Question 23

When the plaintiff’s well-pleaded complaint raises a federal question, the court may exercise supplemental jurisdiction over

Answer 23

any related state-law claims against the same defendant, “anchoring” them in federal court.

Question 24

Supplemental Jurisdiction on the sole basis of diversity is harder/easier to assert than asserting supplemental jurisdiction on the basis of federal question jurisdiction

Answer 24

harder

Question 25

For purposes of supplemental jurisdiction, if the claims are made solely on the basis of diversity jurisdiction, then there must be

Answer 25

complete diversity between the plaintiffs and the joined defendants, and the claims against each defendant must satisfy the amount-in-controversy requirement

Question 26

Supplemental jurisdiction does not apply to defendants sought to be joined under the permissive joinder rule in a case based exclusively on

Answer 26

diversity jurisdiction in which exercising jurisdiction would destroy diversity.

Question 27

A counterclaim in a federal court sitting in diversity does not need to meet the amount in controversy
requirement as long as the counterclaim is

Answer 27

compulsory

Question 28

A compulsory counterclaim is

Answer 28

one that arises out of the same transaction or occurrence as the opposing party’s claim

Question 29

A permissive counterclaim is one that does NOT

Answer 29

arise out of the same transaction or occurrence as the main claim.

Question 30

When a district court has diversity jurisdiction over a claim, which rule applies to determine whether the court can exercise supplemental jurisdiction over an additional claim.

Answer 30

the common-nucleus-of-operative-facts rule

Question 31

When exercising supplemental jurisdiction on the basis of diversity, the addition of an additional party cannot

Answer 31

destory diversity

Question 32

A permissive counterclaim can only be heard through supplemental jurisdiction by a federal diversity court if

Answer 32

it independently satisfies diversity jurisdiction (i.e., complete diversity and $75,000+)

Question 33

Crossclaim

Answer 33

Claim by a coparty (i.e., a plaintiff against another plaintiff, or a defendant against a codefendant)

Question 34

A crossclaim must arise out of

Answer 34

the transaction or occurrence that is the subject matter of the action or of a counterclaim.

Question 35

To qualify for supplemental jurisdiction, a cross-claim

Answer 35

1) Must be related to a claim over which the court has subject-matter jurisdiction (i.e.,
the “anchoring” claim; and

2) Must not be asserted by a plaintiff against a person made party under Rules 14, 19,
20, or 24.

Question 36

The statute bars supplemental jurisdiction in diversity jurisdiction cases over:

Answer 36

 Claims by plaintiffs against persons made party under Rules 14, 19, 20, or 24;
 Claims by parties seeking to intervene as plaintiffs under Rule 24; or
 Claims by parties proposed to be joined as plaintiffs under Rule 19.

Question 37

If the claim of one diverse plaintiff against a single defendant satisfies the jurisdictional
amount, other diverse plaintiffs who have related claims against the defendant can also be heard even if

Answer 37

their claims do NOT satisfy the jurisdictional AIC minimum.

These claims are not barred by § 1367, although they are claims “by a plaintiff,” because
a single defendant has not been made a party by Rules 14, 19, 20, or 24.

Question 38

Supplemental Jurisdiction works in diversity cases for:

Answer 38

o Compulsory counterclaims asserted by defendants;
o Cross-claims asserted by defendants, so long as they arise out of the same transaction or
occurrence; and
o Voluntary joinder of plaintiffs when (i) there is single defendant, (ii) there is complete
diversity with all named plaintiffs, (iii) one of them has a claim exceeding $75,000, and (iv)
all claims arise out of the same transaction or occurrence.

Question 39

Supplemental Jurisdiction does not work in diversity cases for:

Answer 39

o Claims by a plaintiff against:
 Impleaded third-party defendant (Rule 14),
 Additional plaintiffs or defendants joined under Rule 19 or 20, or
 Parties who have intervened under Rule 24.
o Claims by plaintiffs joined involuntarily (Rule 19)
o Claims by plaintiff intervenors (Rule 24)

Question 40

Supplemental jurisdiction works for federal question cases across the board, so long as

Answer 40

the additional claims are related to the federal “anchor” claims.

Question 41

Personal Jurisdiction

Answer 41

Concerns the power of the court to adjudicate the rights and liabilities of this defendant (nothing to do with plaintiff since plaintiff volunteered)

Question 42

Long-arm statute

Answer 42

Chief means of asserting PJ over out-of-state defendants

Question 43

Default federal personal jurisdiction rule

Answer 43

use the long-arm statutes of the states in which they sit.

Question 44

Supplemental jurisdiction does not ever allow you to join a

Answer 44

a non-diverse defendant or non-diverse plaintiff

Question 45

You must always answer two questions when analyzing personal personal jurisdiction:

Answer 45

1. Has the basis for exercising PJ over an out-of-state defendant been authorized by
   statute or by rule of court?
2. Is the particular basis for exercising personal jurisdiction permitted by the Due Process
   Clause of the US Constitution?

Question 46

Types of Personal Jurisdiction

Answer 46

o In personam: against the person
o In rem: against the thing
o Quasi in rem: “sort of” against the thing

Question 47

In personam jurisdiction

Answer 47

against the person

Question 48

In rem jurisdiction

Answer 48

against the thing

Question 49

Quasi in rem:

Answer 49

“sort of” against the thing

Question 50

Due process requires minimum contacts between the defendant and the

Answer 50

forum state such that it is consistent with traditional notions of fair play and substantial justice to sue the defendant here.

Question 51

In assessing minimum contacts, courts look for

Answer 51

a purposeful availment by the defendant of

the protections of the forum’s law. Contacts between the forum and the plaintiff do NOT suffice.

Question 52

Unlike subject matter jurisdiction, lack of personal jurisdiction can be

Answer 52

waived.

Question 53

you can waive personal jurisdiction by

Answer 53

Voluntarily litigating on the merits (i.e., a general

appearance). This includes almost anything other than challenging jurisdiction.

Question 54

A defect in PJ must be raised at the ________ or it is waived.

Answer 54

first opportunity. “First opportunity”: A pre-answer motion to dismiss if the defendant chooses to file one,
OR if the defendant does not file a pre-answer motion, must be raised in the answer.

Question 55

General in personam jurisdiction

Answer 55

The defendant can be sued on any claim whatsoever, even if it is unrelated to the
defendant’s contacts with the forum state.

Question 56

Specific in personam jurisdiction

Answer 56

Plaintiff’s claims against the defendant must arise out of or directly relate to the
defendant’s contacts with the forum
 Governed by the state’s long arm statute

Question 57

Exceptions for tag jurisdiction

Answer 57

The defendant was in the state only to answer a summons or was brought there by force or fraud.

Question 58

Bases for General Personal Jurisdiction

Answer 58

physical presence (tag jdx), domicile, consent (express or implied), corporations “at home” in the state

Question 59

Corporation is “at home” in a state where

Answer 59

-The state of incorporation; and
-Where the principal place of business (i.e., the “nerve center”) is located; and
-corporate defendant’s operations in a
state to be so continuous and systematic as to render the corporation essentially “at
home”

Question 60

What is covered by a state’s long arm statute

Answer 60

Almost everything is covered so long

as the claim arises out of the transaction involving that state.

Question 61

Federal Interpleader Act

Answer 61

Authorizes nationwide service of process

Question 62

In Rem jurisdiction

Answer 62

Suit against any kind of property, real or personal located in the state where you are suing

Question 63

Quasi in Rem Jurisdiction

Answer 63

Suit to adjudicate the claim to property of a particular defendant or defendants; the subject matter
of the suit may or may not be related to the property. When the property is not the subject of the suit, the ownership of property in the state
is not nearly enough to establish general jurisdiction over the defendant. Minimum contacts test applies.