Fed Civ Pro Essay Rules

Question 1

FQ jurisdiction requirements

Answer 1

P’s claim must “arise under” federal law

Question 2

What is irrelevant in FQ jurisdiction?

Answer 2

Parties’ citizenship and AIC

Question 3

Pleader must follow the well-pleaded complaint rule meaning

Answer 3

It is not enough that some federal issue is raised by the complaint, but rather, the complaint itself must arise under federal law

Question 4

Diversity jurisdiction requirements

Answer 4

Complete diversity and AIC

Question 5

Cases can be removed to federal court if there is ________ over the action

Answer 5

federal SMJ over action

Question 6

For remand to be available, the case must have

Answer 6

Initially been filed in state court then removed to federal court

Question 7

Who must join in the removal?

Answer 7

All Ds

Question 8

Removal must be to ________

Answer 8

Federal district court embracing the place where state court is located

Question 9

Removal must be within

Answer 9

30 days of receipt of amended pleading, order, or other court paper showing that a non-removable case had become removable

Question 10

A case can be removed to federal court by a D if the case

Answer 10

Could have originally been filed in federal court

Question 11

In-state D limitation for diversity of citizenship jurisdiction

Answer 11

No D may be a citizen of the state in which case was pending

Question 12

Limitations on removal in diversity of citizenship cases - one-year rule

Answer 12

When SMJ is based on diversity, removal may not occur more than one year after the case was filed unless bad faith can be shown on part of P

Question 13

Limitations on removal in diversity of citizenship cases - D citizen of forum state

Answer 13

When SMJ is based on diversity, no D may be a citizen of the state in which the case was pending

Question 14

Individual citizenship is determined by

Answer 14

Where they are domiciled, meaning the state in which they are present with the intent to remain permanently or for an indefinite period

Question 15

A person can only have ________ domicile, and that domicile is ________

Answer 15

1, retained until changed

Question 16

Establishing a new domicile requires

Answer 16

1) The person’s physical presence in the new domicile and

2) The intent to make that place their home permanently or for the indefinite future

Question 17

Courts look to all factors for domicile, including

Answer 17

Where a person works, owns a house, is registered to vote, as well as other factors

Question 18

A corporation is considered a citizen of

Answer 18

Any state in which it is incorporated or the one state in which it has its PPB

Question 19

Complete diversity means that

Answer 19

No plaintiff may be a citizen of the same state as any defendant

Question 20

Personal jurisdiction refers to

Answer 20

The ability of a court to exercise power over a particular defendant

Question 21

Whether a court has PJ over a defendant has two requirements

Answer 21

1) The exercise of PJ must fall within the state long arm statute, as a federal court is required to analyze whether it has personal jurisdiction over a D as if it were a state court in the forum state

2) The exercise of PJ must satisfy the US Constitution, meaning that the D must have such minimum contacts with the forum state that exercising jurisdiction does not offend traditional notions of fair play and substantial justice

Question 22

An individual is a citizen of the state in which they are domiciled, meaning the state in which they are

Answer 22

Present with the intent to remain permanently or for an indefinite period

Question 23

Personal jurisdiction refers to

Answer 23

The ability of a court to exercise power over a particular defendant

Question 24

Whether a court has PJ over a defendant has two requirements. The exercise of PJ must

Answer 24

1) Fall within the state long arm statute, as a federal court is required to analyze whether it has personal jurisdiction over a D as if it were a state court in the forum state

2) Satisfy the US Constitution, meaning that the D must have such minimum contacts with the forum state that exercising jurisdiction does not offend traditional notions of fair play and substantial justice

Question 25

VA long arm statute authorizes personal jurisdiction in these certain circumstances

Answer 25

1) Transacting any business in VA

2) Contracting to supply services or things in VA

3) Causing tortious injury by an act or omission in VA

4) Causing tortious injury in VA by an act or omission outside VA, if the person regularly does or solicits business or engages in any other persistent course of conduct from which she derives a substantial revenue from goods used or consumed in VA

5) Causing injury in VA to any person by breach of warranty

Question 26

Venue relates to

Answer 26

The proper geographic district in which to bring a lawsuit

Question 27

Venue in civil actions is proper in

Answer 27

1) A judicial district in which any D resides, if all Ds are residents of the state in which the district is located

2) A judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or

3) If there is no district anywhere in the US which satisfies 1 or 2, a judicial district in which any D is subject to the court’s personal jurisdiction with respect to the action

Question 28

Even though venue is proper, venue may be transferred to another federal district where

Answer 28

The action “might have been brought” or to which all parties have consented when the parties or witnesses might be greatly inconvenienced by trial in the current venue [in conformity with the rules governing 1) PJ over, 2) SMJ, and venue

Question 29

SMJ refers to

Answer 29

The ability of a court to exercise power over the case

Question 30

PJ refers to

Answer 30

The ability of a court to exercise power over a particular D

Question 31

A 12(b)(1) MTD may be filed

Answer 31

At any time during the proceeding

Question 32

Declarations are admissible in federal court and considered to have the same force and effect as an ________ or other sworn statement if the party, in writing, ________

Answer 32

Affidavit; declares that the information is true under penalty of perjury, dated, and signed by the declarator

Question 33

A motion to strike may be filed

Answer 33

Before responding to a pleading or, if no responsive pleading is permitted, within 21 days after service of the pleading, a party may move to have stricken any insufficient defense, or any redundant, immaterial, impertinent, or scandalous matter

Question 34

Venue will depend on

Answer 34

Where the c/a arose and on the nature of the parties (whether corporate or natural persons)

Question 35

By balancing the relative convenience offered by the alternative forums, the original court (if original venue proper) has discretion to transfer the action to a court in which the action “might have been brought” in conformity with the rules governing

Answer 35

1) PJ

2) SMJ; and

3) Venue

Question 36

In a motion based on convenience, the ________ choice of forum is taken into consideration

Answer 36

Plaintiff’s

Question 37

An independent physical or mental examination of a party may be had when

Answer 37

The party’s physical or mental condition is in controversy; that is, the condition is relevant to the case. A court order on a showing of good cause is required

Question 38

Under the federal rules, a party may use for any purpose the deposition of a witness, whether or not a party,

Answer 38

1) To impeach the witness;

2) If the witness is dead, more than 100 miles from the place of trial (unless the absence was procured by the party offering the deposition), or unable to testify due to age, imprisonment, etc.; or

3) For any purpose if exceptional circumstances exist

Question 39

T/F Under the federal rules, taking a deposition rather than live testimony merely to save money is not a ground for taking or using a deposition at trial

Answer 39

True

Question 40

Under the federal discovery rules, a party may assert evidentiary objections when the opposing party offers

Answer 40

A deposition into evidence

Question 41

Evidentiary objections may be opposed by ________ and/or ________

Answer 41

Relevancy; timing

Question 42

Under the federal rules, a deposition from previous litigation may not be used in another proceeding unless

Answer 42

It concerns the same subject matter and parties

Question 43

The pre-trial scheduling order may be modified for

Answer 43

Good cause

Question 44

With the consent of the judge, a pretrial scheduling order may be modified for

Answer 44

Good cause

Question 45

A notice of removal must be filed within

Answer 45

30 days of service of the complaint (or 30 days after a nonremovable case has become removable)

Question 46

A P can ask the federal court to remand her case to state court using a

Answer 46

Motion to remand

Question 47

Ordinarily, venue can depend on where the c/a arose, but for removed cases, the D

Answer 47

Removes a case to the federal district court “embracing” the state court where the case was filed. It does not matter if that venue would have been proper under the venue statutes

Question 48

T/F Only a D can exercise the right of removal

Answer 48

True

Question 49

T/F Improper venue does not defeat SMJ

Answer 49

True

Question 50

A pleading may be amended

Answer 50

Once within 21 days of serving it or, if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or a pre-answer motion. Thereafter, a pleading may be amended only by the written consent of the adverse party or by leave of the court upon motion. Leave of the court is “freely given when justice so requires”

Question 51

Rule 11

Answer 51

Under Rule 11, an attorney who presents a written motion must certify that he conducted an “inquiry reasonable under the circumstances”:

1) The paper is not presented for any improper purpose

2) Legal contentions in the pleading are warranted by existing law or a nonfrivolous argument for the modification of existing law or the establishment of a new law;

3) The allegations and factual contentions either have, or upon further investigation or discovery are likely to have evidentiary support; and

4) Denials of factual contentions are warranted on the evidence or, where specified, are reasonably based on a lack of information and belief

Question 52

Rule 11 sanctions (safe harbor provision of rule 11)

Answer 52

A party who believed an opposing party presented a paper in violation of Rule 11 may serve a motion for sanctions on the party. If the party does not withdraw or correct the matter within 21 days, the moving party may then file the motion for sanctions with the court

Question 53

When injunctive relief is requested, the courts will look to

Answer 53

The cost of complying with the injunction or to the value of the injunction to the plaintiff; if either exceeds $75,000, the AIC is generally met

Question 54

A plaintiff may aggregate claims against several Ds when the claim against the Ds is

Answer 54

Joint, such as when there are joint tortfeasors. If the claims are based on separate liabilities, the claims may not be aggregated

Question 55

Supplemental jurisdiction

Answer 55

The claim invoking supplemental jurisdiction must arise from a common nucleus of operative fact as the claim with original federal SMJ, and the claim must not be withdrawn under section 1367(b) of the supplemental jurisdiction statute

Question 56

Supplemental jurisdiction based on diversity is withdrawn when the P is asserting a claim against a

Answer 56

Permissively joined D

Question 57

Permissive joinder requirements

Answer 57

Parties may join as Ps or be joined as Ds whenever

1) Some claim is made by each P and against each D relating to or arising out of the same series of occurrences or transactions; and

2) There is a Q of fact or law common to all the parties

Question 58

With certain exceptions, only ________ may be appealed

Answer 58

Final orders

Question 59

A final order is one that

Answer 59

Disposes of all claims and parties

Question 60

Plaintiff’s choice of venue is

Answer 60

Rarely disturbed

Question 61

A defendant must serve an answer within

Answer 61

21 days after being served with the summons and complaint

Question 62

T/F When counting the number of days to file an answer, one excludes the day of the event (date of service)

Answer 62

True

Question 64

A D has ________ days after being served with the complaint & summons, to serve a third-party summons and complaint on the non party

Answer 64

14 days

Question 65

A third party claim is

Answer 65

The joinder by the D in the original action (who is usually called the third-party P) of another person not originally a party to the action (who is called the third-party D). The impleader claim asserts that the third-party D is or may be liable to the D for all or part of the P’s claim against the D. [Impleader claim is for indemnity or contribution]

Question 66

An impleader claim is for

Answer 66

Indemnity or contribution