Federal Jurisdiction

Question 1

Two-step analysis for personal jurisdiction

Answer 1

1) satisfy a statute

2) satisfy the Constitution

Question 2

Statutory analysis for personal jurisdiction

Answer 2

All you have to do on the bar exam is mention the need to meet a statute.

Question 3

Constitutional analysis for personal jurisdiction

Answer 3

Does the defendant have such minimum contacts with the forum so that jurisdiction does not offend traditional notions of fair play and substantial justice.

Question 4

Cases where a court always has personal jurisdiction

Answer 4

If defendant is domiciled in the forum or consents, or is present in the forum when served with process.

Question 5

Three factors to find personal jurisdiction

Answer 5

1) contact
2) relatedness
3) fairness

Question 6

Contact

Answer 6

Contact to forum state must result from:

purposeful of availment and

must be foreseeable (meaning that defendant could foresee getting sued in the forum).

Question 7

Relatedness

Answer 7

Does the plaintiff’s claim arise from the defendant’s contact with the forum?

Question 8

Specific personal jurisdiction

Answer 8

Where the claim is related to defendant’s contact with the forum.

Question 9

General personal jurisdiction

Answer 9

To have general personal jurisdiction defendant must have continuous and systematic ties with the forum so the defendant is essentially at home in the forum.

Question 10

What does essentially at home mean

Answer 10

For a person it is where the person is domiciled.

For a business it is where formed and its principal place of business. (physical presence required).

Question 11

Personal jurisdiction fairness factors

Answer 11

1) convenience-forum is acceptable unless it puts defendant at a severe disadvantage in the litigation which is almost impossible to prove
2) state’s interest
3) plaintiff’s interest

Question 12

Requirements for diversity of citizenship cases

Answer 12

1) case is either between citizens of different states or between a citizen of a state and a citizen of a foreign country and
2) The amount in controversy exceeds $75,000.

Question 13

Complete diversity rule

Answer 13

No diversity if any plaintiff is a citizen of the same state as any defendant.

Question 14

Determining citizenship

Answer 14

A person is is a citizen of the state she is domiciled in.

A corporation is a citizen where incorporated and the one state where the corporation has its principal place of business.

For unincorporated associations use the citizenship of all members.

For decadents, minors, or incompetents use their citizenship.

Question 15

Domiciliary

Answer 15

A person is domiciled in the state that she is physically present in and the state she has an intent to make her permanent home.

Question 16

Principal place of business

Answer 16

Where managers direct, control, and coordinate corporate activities.

Question 17

Amount in controversy requirement

Answer 17

Must exceed $75,000 and whatever the plaintiff claims in good faith is okay unless it is clear to a legal certainty that she cannot recover more than $75,000.

Question 18

Aggregation of claims

Answer 18

You can aggregate the plaintiff’s claims if it is one plaintiff and one defendant.

For joint tortfeasor’s use the total value of the claim.

Question 19

Equitable relief and diversity

Answer 19

To establish diversity, even if asking for equitable relief if you prove either:

Plaintiff’s property would decrease by more than $75,000

Would cost defendant more than $75,000 to comply with the injunction.

Question 20

Federal question jurisdiction

Answer 20

Complaint must show a right or interest founded substantially on a federal law.

Claim must arise under federal law.

Question 21

Well pleaded complaint rule

Answer 21

To meet this rule ask if the plaintiff is enforcing a federal right.

Question 22

Supplemental jurisdiction limitation

Answer 22

A non-federal, non-diversity claim can be heard in federal court if it meets the test for supplemental jurisdiction test unless

A) it is asserted by a plaintiff

B) in a diversity of citizenship case and

C) is against a citizen of the same state as the plaintiff

Question 23

Supplemental jurisdiction test

Answer 23

The supplemental claim can come into federal court if it shares a common nucleus of operative fact with the claim that invokes federal subject matter jurisdiction.

The test is always met by claims that arise from the same transaction or occurrence as the federal subject matter jurisdiction claim.

Question 24

Removal

Answer 24

A defendant can remove a case filed in state court to federal court within 30 days after service of the first paper that gives the federal court subject matter jurisdiction.

If more than one defendant all defendants must agree to remove.

Question 25

Exceptions to removal

Answer 25

Only apply in diversity cases. No removal if any defendant is a citizen of the forum court and No removal more than one year after the case was filed in state court.

Question 26

Where can a defendant remove a case to

Answer 26

A defendant can remove the case to the federal district embracing the state court where it was filed.

Question 27

The Erie doctrine

Answer 27

A federal court sitting in diversity must always apply state substantive law. If there is a federal law on point that directly conflicts with state law apply the federal law as long as it is valid. if there is no federal law on point look for elements of a claim or defense, statute of limitations, rules for tolling statute of limitations, and conflict of law rules because they are substantive. If there is no federal law and it is not one of the other kinds ask if it is outcome determinative, balance the interests of the state and federal government, and avoid forum shopping.

Question 28

How to determine if a federal law is valid

Answer 28

Federal law is valid as long as it is arguably procedural. No rule has been stricken.

Question 29

Venue

Answer 29

A plaintiff may lay venue in any district where all defendants reside or a substantial part of the claim arose.

Question 30

Where do defendants reside

Answer 30

A human resides in the district where he or she is domiciled. A business resides in all districts where they are subject to personal jurisdiction for the case at hand.

Question 31

Transfer of venue

Answer 31

The Federal District Court may transfer to a proper venue that has personal jurisdiction over the defendant in all cases. Court can transfer to any district at all if the parties consent and it finds cause for the relief.

Question 32

Transfer when original venue is proper

Answer 32

Court has discretion to transfer to another district based on convenience for the parties and witnesses in the interest of justice. Weigh public and private factors to determine that the other court is the center of gravity.

Question 33

When venue is improper

Answer 33

Court may transfer in the interest of justice or dismiss the case.

Question 34

Forum non conveniens

Answer 34

Where venue would be proper in a foreign country the court may dismiss or stay the case unless the foreign court proceeding is not adequate (a fair hearing is not provided).

Question 35

Process

Answer 35

Includes a summons and a copy of the complaint.

Question 36

Requirement of process

Answer 36

In any suit must provide defendant with service of process

Question 37

Who can serve process

Answer 37

Any nonparty who is at least 18 years old.

Question 38

How is process served

Answer 38

Can personally served defendant anywhere. Service is proper if it is left at defendants usual abode and served upon someone of suitable age and discretion who resides there.

Question 39

Other methods for service of process

Answer 39

Process can be delivered to defendant's agent if within the scope of agency. Process can be accomplished by any method of service permitted by state law of the state where the federal court sits or where service is effected.

Question 40

Rule 11

Answer 40

Requires a attorney to sign all pleadings, written motions and papers.

Question 41

Effects of rule 11

Answer 41

You certify that to the best of your knowledge and belief, after reasonable inquiry: A) paper is not for improper purpose B) legal contentions are warranted by law C) factual contentions and denials of factual contentions have evidentiary support.

Question 42

Can a party move for rule 11 sanctions

Answer 42

No not until it has giving you notice and allowed you 21 days to fix the problem

Question 43

Requirements of a complaint

Answer 43

A) statement of grounds of subject matter jurisdiction B) short and plain statement of the claim, showing entitled to relief C) demand for relief sought

Question 44

Cases requiring pleading with even more detail

Answer 44

Fraud, mistake, and special damages

Question 45

Defendant's response to complaint

Answer 45

Rule 12 requires defendant to respond by motion or by answer within 21 days after service of process.

Question 46

Rule 12 B defenses

Answer 46

Lack of subject matter jurisdiction Lack of personal jurisdiction Improper venue Insufficiency of process Insufficient service of process Failure to state a claim Failure to join indispensable party

Question 47

Waivable 12 B defenses

Answer 47

Lack of personal jurisdiction, improper venue, insufficiency of process, and insufficient service of process are we mobile. Waivable defenses must be put in the first rule 12B response or else they are waived.

Question 48

What must an answer contain

Answer 48

Must either admit, deny, or state that you lack sufficient information to admit or deny. Must raise any affirmative defenses.

Question 49

Counterclaim

Answer 49

A claim against an opposing party.

Question 50

Compulsory counterclaim

Answer 50

A counterclaim that arises from the same transaction or occurrence as a plaintiff's claim must be filed in the pending case or it is waived.

Question 51

Permissive counterclaim

Answer 51

Does not arise from the same transaction or occurrence as plaintiff's claim and may be filed with your answer or you can asserted in a separate case.

Question 52

Cross-claim

Answer 52

A claim against a co-party. Must arise from the same transaction or occurrence as the underlying action. It is permissive so you do not have to file it in this case.

Question 53

Plaintiff's right to amend

Answer 53

Plaintiff has a right to amend once within 21 days after defendant serves her first rule 12 response.

Question 54

Defendant's right to amend

Answer 54

Defendant has a right to amend wants within 21 days of serving his answer

Question 55

If no right to amend

Answer 55

If there is no right to amend seek leave of court and it will be granted if justice so requires after considering delay, prejudice and futility of the amendment.

Question 56

Variance

Answer 56

When the evidence at trial does not match what was pleaded the court will allow plaintiffs to amend the complaint to conform to the evidence.

Question 57

Relation back

Answer 57

Amended pleadings relate back if they concern the same conduct, transaction or occurrence as the original pleading to the date the original pleading was filed.

Question 58

Depositions

Answer 58

Can depose nonparties or parties. Nonparty should be subpoenaed however or she's not compelled to attend.

Question 59

Required disclosures

Answer 59

Must identify persons, electronically stored info and documents that are likely to have discoverable information that the disclosing party may use to support its claims or defenses. Must identify experts who may be used at trial. No later than 30 days before trial must give detailed information about trial evidence.

Question 60

Interrogatories

Answer 60

Questions propounded in writing to another party to be answered in writing under oath. Must respond with answers or objections within 30 days.

Question 61

Request to produce

Answer 61

Request to another party or to nonparty if accompanied by subpoena requesting that she make available for review and copying various documents or things including electronically stored info or permit entry upon designated property for inspection, measuring, etc.

Question 62

Physical or mental examination

Answer 62

Only available through court order on showing that party's health is in actual controversy and good cause.

Question 63

Request for admission

Answer 63

A request by one party to another party to admit the truth of any discoverable matters.

Question 64

What can be discovered

Answer 64

Anything relevant to a claim or defense. Relevant things include those that are reasonably calculated to lead to the discovery of admissible evidence.

Question 65

Work product

Answer 65

Work product materials are generally not discoverable unless they are a witnesses statement and the party can show substantial need and that the statement is not otherwise available.

Question 66

Partial violation of discovery rules

Answer 66

Receiving party answers some questions and objects to other questions.

Question 67

Total violation of discovery rules

Answer 67

Receiving party fails completely to attend deposition, respond to interrogatories or to respond to requests for production.

Question 68

Sanctions for partial violations

Answer 68

A) can move for an order compelling the party to answer the unanswered questions B) if the party violates the order compelling him to answer you can move for sanctions plus costs

Question 69

Sanctions for total violations

Answer 69

Can get sanctions plus cost immediately.

Question 70

Permissive joinder of parties

Answer 70

A party may be joined if: A) claim arises from the same transaction or occurrence and B) raise at least one common question.

Question 71

Who is a necessary party

Answer 71

A) without A, the court cannot accord complete relief among existing parties B) A's interest may be harmed if he isn't joined C) A claims an interest which subjects a party to a risk of multiple obligations

Question 72

Test for indispensable parties

Answer 72

A) a necessary party B) that can be joined

Question 73

Test for who can be joined

Answer 73

Court must have personal jurisdiction over the joint party and joining the party will not make it impossible to maintain diversity.

Question 74

If a necessary party cannot be joined

Answer 74

The court can decide to either proceed without necessary party or dismiss the case. Looks at these factors: is there an alternative form available, what is the actual likelihood of prejudice, and the court shape relief to avoid the prejudice.

Question 75

Impleader

Answer 75

A defending party wants to bring in a new third-party defendant because the third-party defendant may owe indemnity or contribution to the defending party on the underlying claim.

Question 76

Right to Impleader

Answer 76

There's a right to implead within 14 days of serving answer after that you need approval from the court.

Question 77

Intervention

Answer 77

Absentee wants to join a pending suit and may choose to do so as either a plaintiff or as a defendant because either her interest maybe harmed if she is not joined or her claim and the pending case have at least one common question.

Question 78

Requirements for a class action

Answer 78

A) too many class members for practicable joinder B) some question of law or fact in common to class C) representative's claims/defenses typical of those of the class D) class representative will fairly and adequately represent class

Question 79

Three types of class actions

Answer 79

A) necessary to avoid harm either to class members or to the nonclass party B) injunction or declaratory judgment sought because class was treated alike by other party C) common questions predominate over individual questions and class action is a superior method to handle the dispute.

Question 80

Certifying the class

Answer 80

Court must determine at an early practicable time whether to certify the case to proceed as a class action. If the court certifies the class it must define the class and the class claims, issues, or defenses.

Question 81

Notification to class members

Answer 81

In type III class actions the court must notify class members that they are in a class, that they can opt out, that they will be bound if they do not opt out, and they can enter a separate appearance through counsel.

Question 82

Citizenship in class actions

Answer 82

For citizenship consider only the representative of the class's citizenship.

Question 83

Failure to state a claim

Answer 83

Court ignores legal conclusions and looks at allegations of facts and asks if the facts were true would the plaintiff win a judgment. Court cannot look at any evidence.

Question 84

Summary judgment

Answer 84

Must show no genuine dispute on a material fact and that you are entitled to a judgment as a matter of law. Firsthand knowledge evidence is admissible for summary judgment.

Question 85

Right to a jury trial in federal court

Answer 85

The seventh amendment preserves the right to a jury trial in civil actions at law but not in suits at equity. Must demand a jury trial in writing no later than 14 days after service of the last pleading raising jury triable issue.

Question 86

Motion for judgment as a matter of law

Answer 86

Exceptional order the effect of which is to take the case away from the jury. Can only be brought after the other side has been heard at trial. Standard for granting the motion is whether reasonable people could not disagree on the results.

Question 87

Renewed motion for a judgment as a matter of law

Answer 87

Same standard applies as motion for judgment as a matter of law. Must have made a motion for judgment as a matter of law before the trial went to jury for the court to grant this motion.

Question 88

Motion for a new trial

Answer 88

Something happened that makes the judge think that the parties should start over and retry the case. Must move for a new trial within 28 days after the judgment.

Question 89

Final judgment rule

Answer 89

Can appeal only from final judgment which means an ultimate decision by the trial court of the merits of the entire case. File notice of appeal in trial court within 30 days after entry of final judgment.

Question 90

Requirements of claim preclusion

Answer 90

Case one and case two were brought by the same claimant against the same defendant. Case one ended in a valid final judgment on the merits. Case one and case to asserted the same claims.

Question 91

What constitutes the same claim for claim preclusion

Answer 91

Majority rule is that a claim is any right to relief arising from a transaction or occurrence. A minority view says there are separate claims for property damage and for personal injuries.

Question 92

Requirements of Issue preclusion

Answer 92

Case one ended in a valid final judgment on the merits Same issue was actually litigated and determined in case one Issue was essential to the judgment in case one Issue is brought against somebody who was a party to the action Under the traditional rule must be brought against a person who is a party to case one. Under the new modern trend will allow the issueto be precluded even if not a party to case 1 if it is not unfair.

Question 93

Factors to determine if issue preclusion fair

Answer 93

A full and fair opportunity to litigate in case one Ability to foresee multiple suits Person asserting preclusion could not have been joined easily in case number one No inconsistent judgments about this issue