Federal Jurisdiction

Question 1

Federal Subject Matter Jurisdiction

Answer 1

Courts of limited jurisdiction

Two kinds:

1) Arising Under
2) Diversity

Alternative ways to get into federal court:

1) Supplemental
2) Removal

Question 2

Arising Under Jurisdiction

Answer 2

1) The claim is created by federal law
2) The claim is created by state law, but depends on a substantial FQ

The federal issue must appear on the face of P’s well-pled complaint, and not merely by way of some defense.

Question 3

Diversity Jurisdiction

Answer 3

Complete Diversity: No single P may be a citizen of the same state as any single D

• Individuals: Domicile, true home when lawsuit is filed
• Corporations: Incorporation OR place of business
• Unincorporated Business: Every single owner counts as a separate domiciled person
• Non-LPRs: May sue or be sued by a nonalien in diversity
• LPRs: Domiciled in place of permanent residence
• American citizen domiciled outside of US: Can never sue or be sued based on diversity

Amount in Controversy: Must exceed $75K for at least 1 P

Question 4

Supplemental Jurisdiction

Answer 4

Federal court has discretion to assert over both claims if they derive from a common nucleus of operative fact

Diversity Limits
- P can’t use to bring in additional claims against nondiverse parties if diversity jurisdiction

Question 5

Removal and Remand

Answer 5

Removal: D files a notice of removal in the federal court within 30 days of the service of the state court complaint. Action is automatically removed.
- Exception: If based solely on diversity, no removal if any single D is a citizen of the state where action was filed

Remand: P files a motion to remand back to state court within 30 days of the filing of the notice of removal.

Question 6

The Erie Doctrine

Answer 6

If conflict involves a federal statute, FRCP, FRE, or the issue of trial by jury –> federal law wins

If not –> state law wins where the diff. would alter the outcome of the case

Question 7

Full Faith and Credit

Answer 7

Federal courts must recognize and enforce any valid judgment entered by any state or federal court

Question 8

Federal Courts Generally Can’t Enjoin

Answer 8

1) Pending state civil actions
2) Pending state tax proceedings
3) Pending state criminal prosecutions

Question 9

Abstention

Answer 9

Court will refrain from resolving a substantial pending state law issue

Question 10

Temporary Restraining Order

Answer 10

Definition: An emergency order for 14 days to prevent irreparable harm and preserve the status quo

Notice is excused if impossible

Question 11

Preliminary Injunctions

Answer 11

Entered only upon notice to adversary. To prevent irreparable harm and preserve status quo before a trial on the merits

Question 12

Personal Jurisdiction

Answer 12

In the absence of specific statute, federal courts borrow the same PJ laws of state where it sits

Question 13

Service of Process

Answer 13

Who? Any 18yo nonparty

Proper if: method proper under federal rules + constitutional

Proper Methods

• Abode Service: leave at D’s last and usual abode
• Waiver: Gives D 60 days to respond
• Agent Service
• State Methods
• Personal Service

Constitutional if reasonably calculated to apprise parties of litigation

Question 14

Venue

Answer 14

Proper where:

1) Any D resides if all from the same state
2) Substantial part of the claim arose, or property at issue is located

Improper Venue?
- File a motion to transfer venue in 1st response, which is granted in court’s discretion for convenience and justice

Question 15

Pleadings

Answer 15

Complaints must contain sufficient facts to place the adversary on notice of plausible claims, but fraud claims require heightened particularity

Responsive Motions (waived unless filed in 1st responsive pleading)

1) Motion to dismiss for lack of PJ
2) Motion to dismiss for improper service of process
3) Motion challenging venue

Amendments: Absolute right to amend within 21 days. Afterwards, granted freely
- Relation Back: basically the same as IL. For new parties, must acquire knowledge within 120 days of timely filed complaint

Question 16

Joinder of Claims

Answer 16

Party may join as many claims as it has against an adversary, regardless of any connection

Question 17

Joinder of Parties

Answer 17

Party may join parties if the claims involving those parties derive from the same transaction or occurrence

Question 18

Counterclaims

Answer 18

Def: Claim filed by D against P

Permissive: Does not derive from same TO, so MAY be filed if there’s fedjur but doesn’t have to be filed

Compulsory: Derives from same TO, so MUST be filed or else forever waived

Question 19

Impleader

Answer 19

Def: Third-party claims

Ds may implead a new claim against a new party if that new party would be liable to D for all or part of D’s liability to P

Question 20

Interpleader

Answer 20

Holder of a common fund

Traditional rule: must be complete diversity + AIC req

Statutory Interpleader: $500 or more is enough, and minimal diversity is enough. If any 2 of the rivals are from different states.

Question 21

Intervention

Answer 21

Def: Act of a nonparty moving to intervene to become a party

As of Right: Has an interest which will be adversely affected by the lawsuit and not protected by the parties

Permissive: Court’s discretion to grant intervention if there is a commonality of issues

Question 22

Indispensable Parties

Answer 22

Nonparty must be joined if its absence would be prejudicial to any party’s right to a full and fair adjudication

But, if not possible b/c no fedjur, court must decide in equity and good conscience whether to go forward or to dismiss the entire action

Question 23

Class Actions

Answer 23

Definition: Named party represents a class of commonly situated parties

Class Action Fairness Act: Fedjur over class actions with 100 Ps seeking over $5m, and if any single P is from a different state than any single D

Certification: Commonality, Adequacy, Numerosity, Typicality

If seeking money damages

• To certify: Predominance, Superiority
• Constitutional: Class must get notice and right to opt out

Question 24

Case Management

Answer 24

Initial scheduling conference for pretrial matters

Final pretrial conference

Question 25

Discovery

Answer 25

Discoverable if: method is proper, material is within proper scope

Proper Methods

1) Automatic Prompt Disclosure
2) Presumptive Limits on Depositions, Examinations, and E-discovery
3) Duty to Supplement

Proper Scope: If relevant and not privileged
- Work Product –> Never attorney’s mental impressions

Sanctions

Question 26

Motion for Summary Judgment

Answer 26

No genuine issue of material fact + burden transfers to nonmovant

30 days after close of discovery

Question 27

Judgment as a Matter of Law

Answer 27

Legally insufficient evidentiary basis + no reasonable jury

Question 28

Renewed JMOL

Answer 28

Renewed on same standard if original JMOL was made

Within 28 days of judgment

Question 29

New Trial

Answer 29

Discretionary: errors or against the weight

Within 28 days of judgment

Question 30

Trial by Jury

Answer 30

Written Demand (w/in 14 days of service of complaint or answer) + seeking monetary damages

Question 31

Finality Rule

Answer 31

Parties are barred from relitigating claims or issues which they have already litigated

Question 32

Appellate Review

Answer 32

Only final orders can be appealed, except partial or controlling legal issues

Within 30 days of entry of judgment