Federal Jurisdiction and Procedure

Question 1

Subject Matter Jurisdiction: State Courts

Answer 1

General Jurisdiction

Question 2

SMJ: Federal Courts

Answer 2

1. Arising under, OR
2. Diversity +
   Supplemental (common nucleus of operative fact)

Question 3

State law governs unless:

Answer 3

There is a federal statute, federal rule, or trial by jury.

Erie Doctrine

Question 4

Process

AWASP

Answer 4

1. Abode
2. Waiver
3. Agent
4. State Methods
5. Personal

Question 5

Process is constitutional if:

Answer 5

reasonably calculated to apprise a party.

Question 6

Venue rules:

Answer 6

1. Where any D resides if all D’s are from same state, or

2. Where substantial part of claim arose.

Question 7

Pleadings rules:

Answer 7

Plausible claims + more particularity for fraud.

Question 8

Amendments

Answer 8

First one free then freely given to serve the merits.

Question 9

Relation back claims:

Answer 9

sameness

Question 10

Relation back parties:

Answer 10

1. sameness, and
2. knowledge that they would have been named if not for a mistake in name, within
3. 120 days

Question 11

Interpleader

Answer 11

1. Common fund
2. Rival claimants

(MINIMAL diversity is enough)

Question 12

Indispensable Parties

Answer 12

Absences is SO prejudicial that the lawsuit is dismissed.

Question 13

Class actions

CANT certification

Answer 13

1. Commonality
2. Adequacy
3. Numerocity
4. Typicality
   (must have all 4 to certify)

If you don’t have all four you CANT certify.

Question 14

Discovery Methods

Answer 14

1. Automatic prompt disclosure
2. Presumptive limits on depositions
3. Limits on examination(?)
4. Limits on eDiscovery
   PLUS
   Duty to supplement

Question 15

Compulsory Counterclaim

Answer 15

Comes out of the same transaction or occurrence. If D does not raise it here, it is waived forever after.

Question 16

Discovery scope

Answer 16

1. Work product = attorney mental impressions NEVER EVER DISCOVERABLE.
2. Everything else: Discoverable WITH showing for need by hardship.

Question 17

Summary Judgment

Answer 17

No genuine issue of material fact. –> Burden transfers to the non-mover.

Question 18

Judgment as a matter of law:

Answer 18

1. Insufficient reasonable basis AND

2. No reasonable jury

Question 19

Renewed judgment as matter of law

Answer 19

Same motion as renewed IF original JMC is made.

Question 20

New trial

Answer 20

discretionary on:

1. Substantial trial errors; or
2. Verdict against the weight

Question 21

Trial by jury requires:

Answer 21

Demand for trial AND

Money damages

Question 22

Finality Rule

Answer 22

Parties are barred from relitigating claims or issues which they have already fully and fairly litigated.

Question 23

Review:

Answer 23

Only final order.

Except: partial or controlling legal questions.