Federal Civil Procedure

Question 1

Jurisdiction over the Person

Answer 1

State law must authorize jurisdiction, and the exercise of such jurisdiction must be constitutional
A. Types of Personal Jurisdiction
B. Statutory Limitations on Personal Jurisdiction
C. Constitutional Limitations on Personal Jurisdiction

Question 2

Types of Personal Jurisdiction

Answer 2

1. In personam- forum has personal jurisdiction over defendant
2. In rem- forum has power to adjudicate rights of all persons to a particular item of property; defendant personally bound
3. Quasi in rem (2 types)

Question 3

Quasi in rem type I

Answer 3

court adjudicates rights of parties in property based on
property being in the forum; close connection between case and property provides minimum contacts

Question 4

Quasi in rem type II

Answer 4

court attaches property to bring defendant into forum on
unrelated claim; defendant must have minimum contacts with forum

Question 5

Statutory Limitations on Personal Jurisdiction

Answer 5

1. Federal court must analyze personal jurisdiction as if it were a court of the state in which it is located
   a. State law must authorize jurisdiction
   b. Most, if not all, states authorize jurisdiction over a defendant who:
   1) Is present in forum state and personally served with process therein;
   2) Is domiciled in forum state;
   3) Conducts systematic and continuous business in the state such that the defendant is “essentially at home” therein;
   4) Consents to jurisdiction; or
   5) Commits an act covered by the long arm statute

Question 6

Constitutional Limitation on Personal Jurisdiction

Answer 6

1. Traditional rule—physical power
2. Modern due process standard—contact and fairness

Question 7

Modern due process standard- contact & fairness

Answer 7

a. Defendant must have such minimum contacts with the forum such that the exercise of personal jurisdiction over him is fair and reasonable
1) Consider whether defendant purposefully availed himself of the benefits and protections of state law and whether he could have anticipated being brought into state court
b. Notice also required
1) Traditional methods of personal service satisfy notice requirements
2) Requirement that agent notify defendant
3) Requirement for cases involving multiple or unknown parties

Question 8

Subject Matter Jurisdiction for Federal Courts

Answer 8

A. Diversity of Citizenship Jurisdiction
B. Federal Question Jurisdiction

Question 9

Diversity of Citizenship

Answer 9

1. Complete diversity
2. Jurisdictional amount in excess of $75,000
3. Erie doctrine and law applied in diversity cases- state substantive law, federal procedural law
4. Exceptions to diversity of citizenship doctrine- no probate, divorce, alimony, or child custody cases
5. Multiparty, Multiforum Trial Jurisdiction Act

Question 10

Complete Diversity

Answer 10

a. Every defendant must be of diverse state citizenship from each plaintiff—this is
“complete diversity”
b. Must have complete diversity when action commenced
1) Interpleader exception
c. Alienage jurisdiction—citizen of U.S. state and foreign citizen
d. Questions of citizenship
e. Realignment of parties according to their true interest
1) Shareholder derivative actions
f. Supplemental jurisdiction
g. Subsequent addition of parties and claims

Question 11

Questions of citizenship

Answer 11

1) Individuals—domicile
2) Corporations—every state/country where incorporated and one state/country of principal place of business, which is the place from which the corporation’s high level officers direct and control its activities
3) Unincorporated associations and limited liability companies—citizenships of its members
4) Legal representatives—domicile of the represented person
5) Class actions—domiciles of the named members
6) Nonresident U.S. citizens—not a citizen of any state and not an alien

Question 12

Supplemental jurisdiction

Answer 12

1) Must be one claim with original jurisdiction
2) Supplemental claim must arise from a common nucleus of operative fact as
the original jurisdiction claim such that the claims should be tried together

Question 13

Subsequent addition of parties & claims

Answer 13

1) Intervention of right—no supplemental jurisdiction
2) Substitution of parties—citizenship of original party controls
3) Impleader—supplemental jurisdiction as to claim of Defendant v. Third-Party Defendant; claim of Plaintiff v. Third-Party Defendant must have original jurisdiction in diversity case
4) Cross-claims—supplemental jurisdiction

Question 14

Jurisdictional amount in excess of $75,000

Answer 14

a. Amount in controversy does not include interest and costs or counterclaims
1) Attorneys’ fees and interest that are recoverable by statute or as part of claim are included
b. Aggregation
c. Supplemental jurisdiction over claims by permissively joined plaintiffs not
exceeding $75,000 possible in diversity cases
d. Counterclaims

Question 15

Aggregation

Answer 15

1) One plaintiff may aggregate claims against a single defendant
2) One plaintiff may not aggregate separate claims against several defendants
3) One plaintiff may sue several defendants on a joint liability claim if it exceeds $75,000
4) Several plaintiffs may aggregate claims against one defendant if seeking to enforce single title or right

Question 16

Counterclaims

Answer 16

1) Compulsory counterclaim may invoke supplemental jurisdiction
2) Permissive counterclaim needs original jurisdiction
3) Citizenship generally not an issue—if diversity exists between Plaintiff v. Defendant, it exists between Defendant v. Plaintiff

Question 17

Federal Question Jurisdiction

Answer 17

1. Federal question must appear in complaint
2. Implied federal right of action possible
3. Supplemental jurisdiction
   a. Pendent claims—federal court has discretion to hear state law claim if it arises from a common nucleus of operative fact as the federal claim such that the claims should be tried together
   b. Pendent parties—must be common nucleus of operative fact
4. Specific statutory grants of exclusive federal jurisdiction

Question 18

Venue

Answer 18

A. Subject Matter Jurisdiction Distinguished—Venue Is Proper Geographic District
B. General Rules
C. Residence for Venue Purposes
D. Transfer
E. Law Applicable on Transfer

Question 19

General Rules for Venue

Answer 19

1. Venue proper in federal district where any defendant resides (if all defendants reside
   in same state), where a substantial part of events or omissions occurred, or where a substantial part of property situated
2. Fallback provisions—if no district satisfies above, venue proper where any defendant is subject to court’s personal jurisdiction
3. Unlike subject matter jurisdiction, venue can be waived

Question 20

Residence for Venue Purposes

Answer 20

1. Individuals—domicile
2. Business entities—where subject to court’s personal jurisdiction
3. Nonresidents—any judicial district

Question 21

Venue Transfer

Answer 21

1. Original venue proper—transfer for convenience to venue where case might have been brought or to venue to which parties consent
2. Original venue improper—transfer to venue where case could have been brought to correct error
   a. Dismissal if transfer not available or if some extraordinary circumstance exists

Question 22

Law Applicable on Transfer of Venue

Answer 22

1. Original venue proper—A transfer solely on convenience grounds carries the law of the transferor court (including choice of law) to the transferee court unless the transfer was ordered to enforce a forum selection clause
2. Original venue improper—Law of transferee court applies

Question 23

Removal Jurisdiction

Answer 23

Defendant can remove an action that could have been brought originally in federal court
A. Requirements
B. Procedure for Removal

Question 24

Requirements for Removal

Answer 24

1. Original jurisdiction
2. State court need not have had jurisdiction
3. Only defendants may remove
4. Venue-federal district where state action was filed

Question 25

Original Jurisdiction for Removal

Answer 25

a. Diversity jurisdiction
1) Dismissal of nondiverse party allows removal
2) Case cannot be removed based solely on diversity if any defendant is a citizen of the forum state
3) Case cannot be removed based solely on diversity more than one year
after case was filed unless defendant can show plaintiff acted in bad faith to prevent removal
b. Federal question jurisdiction
1) Having a federal defense is insufficient
2) Entire case is removed
3) State law claims may be severed and remanded to state court

Question 26

Procedure for Removal

Answer 26

1. Time—30 days
   a. Generally starts to run after formal service of complaint
   b. If later pleading, motion, etc., is filed that shows case is now removable, period
   begins to run on service of that pleading, motion, etc.
2. Remand to state court if no federal subject matter jurisdiction

Question 27

Conflict of Jurisdiction between state and federal courts

Answer 27

A. Injunctions Against State Court Proceedings
1. Federal court generally may not enjoin pending state proceedings
2. Threatened state criminal proceedings—to prevent clear and imminent harm that
cannot be remedied with a criminal appeal

Question 28

Federal Rules of Civil Procedure

Answer 28

A. Commencement of the Action-Complaint & Service of Process
B. Service of Process
C. Interlocutory Injuctions- Maintain Status Quo Until Trial
D. Pleadings
E. Joinder

Question 29

Service of Process

Answer 29

1. Personal service, abode service, service on agent; also state rules and waiver of service (by mail)
2. Parties served outside of state or in foreign country
3. Immunity from process for parties, witnesses, attorneys in another action, or fraud or deceit

Question 30

Interlocutory Injuctions

Answer 30

Maintain Status Quo until trial
1. Preliminary injunctions—require notice
2. Substantive requirements—irreparable harm, harm to party seeking injunction outweighs harm to party to be bound, likelihood of success on the merits, public interest factors
3. Temporary restraining orders—necessary to prevent irreparable injury

Question 31

Pleadings

Answer 31

1. Complaint—notice of plaintiff’s claim
2. Pre-answer motions
3. Answer—specific or general denials by defendant
4. Special pleading for, e.g., fraud, mistake, special damages; must be more detail
5. Reply by plaintiff generally not required
6. Amendment of pleading and supplemental pleadings
7. Rule 11