Federal Civil Procedure Flashcards
Federal Question jurisdiction
Claims that assert federal law as the basis for the claim and relief sought.
What is required for Diversity Jurisdiction?
Complete diversity of parties and the amount in controversy must exceed $75,000.
Define Complete Diversity of Parties.
No plaintiff can be from the same state as any defendant.
What is Supplemental Jurisdiction?
Allows federal courts to hear additional claims that lack an independent basis in subject matter jurisdiction if they arise from the same common nucleus of operative facts as the main claim.
How is citizenship determined for a Corporation?
By the state of incorporation and the principal place of business (‘nerve center’).
How is citizenship determined for an LLC?
By the citizenship of each member.
What are the Rule 12(b) grounds for dismissal?
- Lack of Subject Matter Jurisdiction;
- Lack of Personal Jurisdiction;
- Improper Venue;
- Insufficient Process;
- Insufficient Service of Process;
- Failure to State a Claim Upon Which Relife Can Be Granted;
- Failure to Join a Necessary Party.
Removal Statute
Provides for removing a case originating in state court to U.S. District Court.
The only way a case is sent from federal court to state court is if:
(1) the case originated in state court, (2) had been removed to U.S. District Court, and (3) was then remanded because of some defect in the removal process.
Amending as a Matter of Course
A party may amend its pleading once as a matter of course no later than:
(A) 21 days after serving it, or
(B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.
Amendments, not as a matter of course
In all other cases, a party may amend its pleading only with the opposing party’s written consent or the court’s leave. The court should freely give leave when justice so requires.
Common result for Motion to Amend?
Leave should be granted unless there is undue prejudice, futility, undue delay, or bad faith.
What is a Required Party according to Rule 19?
A person who is subject to service of process and whose joinder will not deprive the court of subject-matter jurisdiction must be joined as a party if:
(A) in that person’s absence, the court cannot accord complete relief among existing parties; or
(B) that person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person’s absence may:
(i) as a practical matter impair or impede the person’s ability to protect the interest; or
(ii) leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest.
Third Party Complaints
A defending party may, as a third-party plaintiff, serve a complaint on a non-party who is or may be liable to it for all or part of the claim against it.
Erie Doctrine
When a federal court hears a case based on state law, it must apply substantive state law and federal procedural law.
What are Federal jury instructions? (Erie Doctrine)
Procedural guidelines that must reflect state law on substantive issues.
What is required for Summary Judgment under Rule 56?
No genuine issue of material fact and the movant is entitled to judgment as a matter of law.
What constitutes a ‘genuine issue of material fact’?
Evidence that allows a factfinder to decide against the movant.
Fill in the blank: A movant is entitled to judgment as a matter of law if evidence shows _______.
no reasonable jury could rule against the movant based on the facts.
Common Argument against motion to amend
The motion to amend comes near the end of discovery, risking prejudice or unde delay.
What does a complaint need to survive a motion to dismiss?
- Specific factual allegations rather than mere conclusions or formulaic recitations of legal elements.
- Must raise a claim above a speculative level and be plausible on its face. (Twombly/Iqbal).
What indicates that a claim is not plausible?
If the facts alleged are equally consistent with lawful conduct as they are with unlawful conduct.
Spoliation of Electronically Stored Information (ESI).
If ESI that should have been preserved for litigation is lost due to a party’s failure to take reasonable steps, and cannot be restored or replaced, the court may impose sanctions.
Sanctions may include:
- Adverse inference instructions.
- Exclusion of evidence.
- Entry of judgment in favor of the deprived party.
Relief from Judgment for Newly Discovered Evidence (FRCP 60(b))
To qualify, the evidence must:
- Be newly discovered after the judgment.
- Not have been discoverable earlier through reasonable diligence.
- Be material enough that it could alter the outcome of the case.
If granted, relief may include vacating the judgment and conducting further proceedings, including discovery and potential sanctions for misconduct.
