Federal Civil Procedure Flashcards
What is the two step analysis to determine PJ?
Satisfy the state statute
satisfy the the constitution (due process)
What is the constitutional analysis for PJ?
Minimum contacts with forum so JX does not offend traditional notions of fair play and substantial justice.
What are the two factors used to adders minimum contacts for constitutional PJ?
Purposeful availment: the contact must results from purposeful availment: Ds voluntary act
foreseeability: it must be foreseeable that D would be brought to defend his contact in the state forum.
What are the three factors assessed under the constitutional analysis to PJ?
Contact
Relatedness
fairness
Fairness factors of Constitutional PJ are only assessed in what kind of cases?
Specific JX
In a specific PJ case, how do you determine if PJ is fair?
- Burden on D and witnesses; does due process guarantee that the suit will be in the most convenient forum for D?
D Must show that the forum puts her in a sever disadvantage in the litigation.
- States interests - wants to provide a court room for it’s citizens
- Plaintiff’s interest - may be injured and wants to sue at home.
What are the two requirements for diversity of citizenship?
The case is either (a) between citizens of different U.S. States or (b) between a citizen of a U.S. state and a citizen of a foreign country (alienage) and
75k AIC.
What is the nerve center test?
A corporations PPB is where managers: direct, coordinate and control corporate activities..
What is the citizenship of an unincorporated association ( pship, LLC, etc.?
Where all it’s members are domiciled.
What are the two steps for Supp. JX?
- The test: a common nucleus of operative facts. Does the claim arise under the same transaction or occurrence as the underlying case?
- The limitation: In a diversity case, claims by Ps cannot invoke supp jx.
Exception - multiple Ps and a claim by one of them does not meet the diversity req. will be permitted under supp jx.
What are the steps for applying the Erie Doctrine?
- is there some federal law on point that directly conflicts with state law? if so, apply the federal, as long as it is valid.
- if there is no federal law on point, apply the state law if the issue to be decided is “substantive”
- if there is no federal law on point and the issue is not one of the five issues that are clearly substantive, the court must determine whether the issue is substantive.
What are the five issues that are clearly substantive under the Erie Doctrine?
- Elements of a claim of defense
- SOL
3.Rules for tolling SOL
- conflict or choice of law rules
- standard for whether to grant a new trial because a jury’s damages determination is excessive or inadequate.
What factors are weighed in determining whether an issue is substantive?
outcome determinative: would applying or ignoring the state rule affect outcome of case?
balance of interests: does either federal or state system have strong interest in having its rule applied?
Avoid forum shopping: if the federal court ignores the state law on this issues, will it cause parties to flock to federal cour?
Preliminary injunction
Maintains status quo until the court can adjudicate the underlying claim on the merits.
not granted ex parte
the burden is on the applicant to show:
- likely to suffer irreparable harm in the injunction is no t issued
- likely to win on the merits
- the balance of hardship favors them ( threatened harm to applicant outweighs harm to the other party if the injunction is issued; and
- Injunction is within public interest.
The court issues a TRO ex parte if:
applicant files a paper under oath clearly showing that if the TRO is not issued, they will suffer immediate and irreparable harm if the must wait until the other side is heard.
applicant’s lawyer certifies in writing their efforts to give oral or written notice to D or D’s lawyer (or why such notice should not be required.
