Federal Civ. Pro. Supplement Flashcards
Fed. Civ. Pro.
3 Things NOT Sufficient for Well-Pleaded Complaint Rule
- Anticipatory Defenses
- Artful Pleadings
- State Laws Incorporating Federal Standards
Well-Pleaded Complaint Rule = The Federal Question must be integral to plaintiff’s cause of action, as revealed by plaintiff’s properly pleasded complaint.
Fed. Civ. Pro.
Exclusive Federal Question Jurisdiction
Congress decides that any action arising under a certain statute MUST be heard in federal court because these cases require uniform national treatment.
e.g., actions arising under the Copyright Act & Patent Act
Fed. Civ. Pro.
When is diversity of citizenship determined?
day the action is filed
Diversity is determined by where the parties were domiciled at the commencement of the lawsuit.
Fed. Civ. Pro.
Citizenship in Representative Actions:
Historically
Citizenship of Representative
the citizenship of the representative governs for jurisdiction
Fed. Civ. Pro.
Citizenship in Representative Actions:
Minors, Incompetents, & Decedents
Citizenship of Represented Party
the citizenship of the represented party governs for jurisdiction
NOT the domicile of the representative
Fed. Civ. Pro.
Citizenship in Representative Actions:
Class Actions
Citizenship of Named Members of the Class
Fed. Civ. Pro.
Citizenship for Non-Resident US Citizens
U.S. citizens domiciled abroad / neither citizen of any state nor alien
CANNOT sue or be sued under diversity jurisdiction in federal court
must be heard in state court
Fed. Civ. Pro.
Citizenship of Permanent Resident Alien
citizen of state where domiciled
Fed. Civ. Pro.
Alienage Jurisdiction
The court has diversity jurisdiction over an action between a citizen of a state & an alien, but not over an action between 2 aliens.
Citizen of State & Alien - YES
2 Aliens - NO
Fed. Civ. Pro.
2 Ways of Valuing AIC for Equitable Relief
e.g., an injunction
- Harm to Plaintiff (P’s Viewpoint)
- Cost of Compliance (D’s Viewpoint)
Some courts allow only 1 of the 2. Some courts allow either.
Fed. Civ. Pro.
Even if there is diversity jurisdiction, a federal court will NOT hear a case involving:
- Divorce
- Alimony
- Child Custody
- Probate of Estate
Fed. Civ. Pro.
Pendant Jurisdiction
Plaintiff brings jurisdictionally proper claim and tacks on another claim that does not have an independent basis for jurisdiction.
claim must share “common nucleus of operative fact”
LIMITATION: In diversity cases, a plaintiff may NOT add a second claim which would destroy complete diversity.
Fed. Civ. Pro.
Ancillary Jurisdiction
Defendant or other party asserts an additional claim.
claim must share “common nucleus of operative fact”
NO LIMITATION on supplemental jurisdiction for related claims asserted by defendants or other additional parties that do not have an independent basis for jurisdiction.
Fed. Civ. Pro.
2 Types of Supplemental Jurisdiction
- Pendant Jurisdiction (P asserts)
- Ancillary Jurisdiction (D asserts)
claim must share “common nucleus of operative fact”
Fed. Civ. Pro.
Limitation to Pendant Jurisdiction
2nd claim can’t destroy diversity
In diversity cases, a plaintiff may NOT add a second claim which would destroy complete diversity.
Fed. Civ. Pro.
What always satisfies the “common nucleus of operative fact” test?
Test for Supplemental Jurisdiction
Same Transaction or Occurrence
Fed. Civ. Pro.
When must the plaintiff serve the summons and complaint?
Within 90 days of filing the cause of action
Fed. Civ. Pro.
12(b)(1) Motion
Motion to Dismiss for Lack of Subject Matter Jurisdiction
Defense is never waived. Can even be raised for 1st time on appeal.
Fed. Civ. Pro.
12(b)(2) Motion
Motion to Dismiss for Lack of Personal Jurisdiction
Must be included in 1st response or else waived.
Fed. Civ. Pro.
12(b)(3) Motion
Motion to Dismiss for Improper Venue
Musy be included in 1st responde or else waived.
Fed. Civ. Pro.
12(b)(4) Motion
Motion to Dismiss for Insufficiency of Process
Problem with summons document itself.
Must be included in 1st response or else waived.
Fed. Civ. Pro.
12(b)(5) Motion
Motion to Dismiss for Insufficiency of Service of Process
Problem with manner of process.
Must be included in 1st response or else waived.
Fed. Civ. Pro.
12(b)(6) Motion
Motion to Dismiss for Failure to State a Claim
failure to state a claim upon which relief may be granted
May be raised at any time during trial.
Fed. Civ. Pro.
12(b)(7) Motion
Motion to Dismiss for Failure to Join indespensable Party
May be raised at anytime during trial
Fed. Civ. Pro.
12(e) Motion
Motion for More Definite Statement
filed if complaint is ambiguous / can only be made pre-answer
Fed. Civ. Pro.
12(f) Motion
Motion to Strike
if party has included “redundant, immaterial, impertinent or scandalous” materian in complaint, opposing party may move to have this material sticken from the pleading
