Federal Jurisdiction

Question 1

Federal SMJ

Answer 1

(1) Arising Under Federal Law (FQ) - created by federal law or state law that depends on a substantial federal question
(2) Diversity

Question 2

Diversity Jurisdiction

Answer 2

(1) Complete diversity across the V (no single P may be a cz of same state as any single D)
(2) Amount in controversy exceeds $75000 (can’t add claims together of multiple P’s)

Question 3

Citizenship (for diversity)

Answer 3

(1) Individuals - state of cz = domicile at time lawsuit is filed
(2) corporations - 2 states of cz - State of incorp and PPB
(3) Unincorporated association - each owner counts as separate domicile (impossible to have complete div)
(4) Aliens - Pure Alien can’t sue based on diversity; Am Cz domiciled outside US never sue or sued on diversity

Question 4

Supplemental Jurisdiction

Answer 4

“common nucleas of operative fact” of claim that court does not have primary jurisdictional basis
EXCEPT - if diversity, P can’t use supplemental to bring additional claim against non-diverse parties

Question 5

Removal and Remand

Answer 5

D may remove an action from state to federal court by filing notice of removal w/in 30 days of complaint
P motion for remand w/in 30 days of notice of removal and if no fed jx then remand
EXCEPT no removal if diversity and any single D is cz of state where action was filed

Question 6

Erie Doctrine

Answer 6

State law governs unless federal statute, rule or trial by jury

Question 7

Personal Jurisdiction

Answer 7

Absence of federal statute granting PJ, court borrows same PJ law of state where it sits

Question 8

Service of Process AWASP

Answer 8

(1) Abode - last usual abode of D w/ somebody residing of age
(2) Waiver) - P mails complaint w/ request to waive; gives D 60 days to respond
(3) Agent Service - personal service or mail to authorized agent
(4) State Methods - borrow state methods
(5) Personal Service - hand delivery
* *ALL must reasonably apprise parties of litigation

Question 9

Venue

Answer 9

Proper in a district where (1) any D resides if all Ds reside in same state or (2) substantial part of claim arose or property at issue is located
Remedy - D files motion to transfer in first response and granted at court’s discretion

Question 10

Pleadings

Answer 10

Complaint contains sufficient facts to place D on notice of plausible claims
Responsive Motions Waived unless first response - lack of PJ, improper service, venue

Question 11

Amendments of Pleadings

Answer 11

Pleader has absolute right to amend w/in 21 days. After 21 days granted freely to do justice and serve the merits

Question 12

Relation Back

Answer 12

New Claim - relates back of a timely complaint if derives from same tx or occurrence
New Party - same tx or occurrence and new party must have acquired knowledge but for mistake in name w/ 120 days of filing

Question 13

Joinder (liberal and compulsory)

Answer 13

Claims - join as many as it has against adversary
Parties - derive from same tx or occurrence of series and same question of law or fact
Impleader - 3rd party claims (indemnity/contribution)
Interpleader - holder of common fund (statutory interpleader diversity = $500 or more an min div)
Intervention - As of right or permissive (commonality of issues)

Question 14

Counterclaims

Answer 14

Permissive - does not derive from same tx or occurrence, so need not be filed
Compulsory - same tx or occurrence as P’s claim so MUST file or waived

Question 15

Class Action (CANT)

Answer 15

Commonality - common issues of facts/law AND common injuries
Adequacy - named party fairly and adequately reps class
Numerosity - more than 40 is enough
Typicality - claims of named party must be typical of the class
*IF SEEKING $ - Predominance and Superiority & Notice

Question 16

Case Managment and Discovery

Answer 16

Cour MUST hold CMC to schedule pre trial matters and final pre trial conference
Discovery must be relevant and not privileged

Question 17

Motions and Trial by Jury

Answer 17

(1) SJ - up to 30 days after close of discovery GIMF
(2) JML - after adversary rests, filed and granted if LEGALLY INSUFFICIENT EVIDENTIARY basis from which a reasonable jury could find for non-moving party (can be renewed w/in 28 days)
(3) New Trial - w/in 28 days of judgment and granted in courts discretion for errors at trial
(4) Trial By Jury - written demand w/in 14 days of service

Question 18

Finality and Appellate Review

Answer 18

Res Judicate - claim preclusion of fully and fairly litigated to final judgment on the merits
Collateral Estoppel - issue preclusion
Appellate jurisdiction - only appeal final orders unless PFO or interlocutory if doubt on controlling issue at law that materially advances litigation (w/in 30 days)