Fed. Civ Pro Flashcards
What is the test for minimum contacts for personal jurisdiction?
1) The D has established a MINIMUM CONTACT with the forum state;
2) the claim against D ARISES FROM that contact;
AND 3) PJ would not offend traditional notions of FAIR PLAY & SUBSTANTIAL JUSTICE.
~ Minimum contact Established if D causes harm in the state, does business, or has an interest in real property in the state
~ Fair Play factors are (first 3 = main ones to know):
a) burden on the D [in litigating in the forum]
b) forum state interests [in the issue]
c) P’s interest in obtaining relief [in the forum]
d) interstate judicial system’s interest in efficient resolution of controversies;
and e) shared interest of states in furthering fundamental social policies
What is the proper venue for a case heard in federal court?
All districts where (A) or (B) are met for all Ds have equal fitness for venue; if (A) and (B) N/A to all Ds, use (C).
A) the district where D resides:
(i) if all Ds in same state –> venue is proper in district where ANY single D resides
(ii) if Ds reside in multiple states –> location of harm (i.e., the district where a substantial part of the events giving rise to the claim occurred)
B) the location of events giving rise to the suit;
or, if neither A or B would be proper for all Ds, (C) where at least one D is subject to PJ
When can venue be transferred (move between federal courts, not state or foreign)
a) Convenience (commonly used): the case could have been filed in the other venue in the first place AND transfer is necessary for convenience of parties and/or witnesses;
(NOTE: Forum nonconveniens - If most convenient forum is not in the US, court cannot transfer, but can dismiss without prejudice so that P can refile in proper country (not US!). Same factors considered as in transfer of venue.)
b) Agreement - all parties join request to transfer –> court doesn’t need to consider PJ or venue because all meet consent for PJ
c) Interest of justice - if filed in improper venue, court can dismiss or, in the interest of justice, transfer the case where it could have been filed originally
What are the contents of a well-pleaded complaint?
1) Grounds for SMJ
2) Statements of facts sufficient to show P is entitled to relief
3) Demand for judgment and relief sought
How can process be served?
Process must be served within 90 days of filing the complaint, by anyone over 18 and not a party to the case. There are 2 options for SoP:
1) Manner prescribed by state court in state where (1) federal suit has been filed, OR (2) where the D will be served.
2) Manner specified by FRCP Rule 4:
(A) if D = a human, 4 options:
(i) hand-deliver to D
(ii) Leave at D’s usual abode w/ person of suitable age and discretion residing there;
(iii) serve D’s registered agent; or
(iv) mail with letter requesting D waive in-person service –> if D declines to waive, they bear the cost of personal svc
(B) if D = corporation, pship, or association, 3 options for who may be served:
(i) an officer;
(ii) a managing agent or general agent;
(iii) any other agent authorized by appointment or by law to receive service. IF LAW requires service by mail here, P must serve by hand AND by mail.
What must P show to get a preliminary injunction?
P must give adverse party notice of the request for PI and show:
1) likelihood of success on the merits,
2) irreparable harm (ongoing or imminent harm that cannot be undone later),
3) balance of hardships in P’s favor (i.e., harm of P not getting injunction > harm to D if PI is granted),
4) PI is in public interest,
AND 5) P’s payment of security (money deposited with the court to compensate D for its losses if the suit is unsuccessful).
What is required for a P to get a temporary restraining order (TRO)?
P must show the same 5-part test as for getting a PI, but TRO allows this to be done without notice to D if:
1) specific facts clearly show that immediate and irreparable harm will result before the adverse party can be heard in opposition, AND
2) P’s attorney certifies in writing any efforts made to give notice to D and the reasons why it should not be required.
NOTE: TROs expire 14 days after issuance. Can be extended for 14 days thereafter upon good cause shown.
When might the court force a party to be added to the suit? (i.e., mandatory joinder)
Step 1: The absent party must be NECESSARY.
Necessary party = one having an interest that might be impaired if left out, complete relief cannot be issued absent the party, or if current parties would be subject to inconsistent/duplicative liability.
Step 2: Can absent party BE JOINED?
Court must have PJ over the absent party AND joinder must not destroy SMJ (e.g., can’t remove diversity).
IF YES –> Joinder okay; skip Step 3.
IF NO –> Step 3
Step 3: is absent party indispensable?
(i.e., indispensable if unfair prejudice to missing party; ct considers this and if P can find relief in another forum)
IF YES –> dismiss without prejudice (P refiles elsewhere, adding absent D)
IF NO –> Ct can adjudicate in party’s absence.
