Federal Jx 1 Flashcards
1
Q
Federal Court Defn
A
Courts of limited jx
2
Q
State Court Defn
A
Courts of general and unlimited jx, except in areas that are specifically reserved.
3
Q
Two types of Subj Matter Jx
A
Arising Under Jx
Diversity Jx
4
Q
Arising Under Jx
A
- Q created by federal law; or
2. Q created by state law, but depends on a constitutional Q
5
Q
Well Pled Complaint Rule
A
Federal issue must appear on face of P’s complaint, not just in a defense.
6
Q
4 Ways of Establishing Diversity via Citizenship
A
- Individuals: domicile of individual
- Corporations: PPB and state of incorporation
- Unincorporated associations: individual domiciles of all members.
- Aliens: LPR (just like citizen, so domicile); American citizen domiciled outside of US (No diversity jx); pure alien suing pure alien (no diversity jx)
7
Q
Domicile of Individual
A
Diversity jx.
their true home + intent to remain/return WHEN THE LAWSUIT WAS FILED
8
Q
Diversity jx
A
Diversity between P and D; + amount in controversy must EXCEED $75,000.
9
Q
Supplemental Jx
A
a way to address a claim that does not fit subj matter jx criteria.
Only applies when there is more than 1 claim.
Fed court has DISCRETION to assert jx over a claim that doesn’t fit subj matter jx if: the claim arises under a common nucleus of operative fact.
10
Q
Exception to Supplemental Jx
A
No federal jx if: it’s based on diversity, and the supplemental jx is used BY P to bring additional claims against NON DIVERSE parties.
D is allowed to bring in nondiverse parties under supplemental jx even if only basis is diversity.
11
Q
Removal Jx
A
D can remove if: all agree to file a notice of removal within 30 days of service of process.
but if only basis is diversity, D can’t remove to federal court if any of the D’s are a citizen of the state that the action is filed in.
12
Q
Erie Doctrine: state law governs, UNLESS
A
the case involves
federal statute
jury trial
federal rule
13
Q
Full Faith and Credit
A
Any valid judgment entered in any fed/state court must be recognized and enforced in every other fed/state court.
14
Q
Abstention
A
where the federal courts abstain from interpreting state law or declaring state law unconstitutional until state court has had a chance to interpret its own damn laws.
15
Q
Personal jx
A
the power of the court over D’s personal property.
- law of the forum must itself grant personal jx; AND
- the law must be constitutional
16
Q
Three bases for personal jx
A
consent
presence
long arm statute
17
Q
Consent
A
express: D entered into a K with P, and expressly agreed to be sued in that state.
implied: conduct that implies that there is consent; ie D fails to object to personal jx in first pleading.
18
Q
Presence (3)
A
- actually and voluntarily present in the state;
- domiciled;
- doing business - regular, systematic, and continuous in-state business.
19
Q
Long arm statute for personal jx
A
federal ct can assume jx by using the long arm statute of the state in which the fed ct sits.
long arm statute: grants personal jx over D’s who do an act in the state from which the lawsuit derives.
20
Q
personal jx law - constitutionality
A
law is constitutional if:
1. D engaged in such minimum contacts within the state that it wouldn’t offend traditional notions of fair play and substantial justice.
did the D avail himself to state law or target the state’s consumers?
21
Q
Service of process
AWASP
A
service method must be proper under federal rules; method must be constitutional.
- abode
- waiver
- agent
- state methods: fed courts can always borrow a method allowed by the state it’s in.
- personal service
22
Q
constitutional service of process
A
process is constitutional if it is reasonably calculated to apprise interested parties of litigation.
23
Q
venue
A
venue is proper:
- where any D resides, if all Ds reside in the same state.
- in the fed dist where any substantial part of the claim arose.
24
Q
motion challenging venue
A
file a motion to change venue, which will be granted at the trial court’s discretion for convenience of the parties/witnesses and in the interest of justice.
25
shit that will be waived unless it's in the first responsive pleading (ie. Answer or Motion)
1. motion to DM for lack of personal jx.
2. motion to DM for improper service of process.
3. motion challenging venue.
26
affirmative defenses in pleadings
must be in answer, or else it is waived.
27
amendments to complaint
can amend as sa matter of right ONCE within 21 days of service.
after 21 days, court shall grant a motion to amend freely to do justice and serve the merits thereby.
28
relation back of amendments to conform with SOL
new claims: an amendment adding new claims relates back to the date of a timely filed complaint, if the new claim derives from teh same transaction/occurrence as the earlier claim.
New parties: adding new parties will relate back if: 1) the amendments adding the party derives from the same transaction/occur, AND 2) the brand new parties acquired knowledge that BUT FOR the mistake in the name, its ass would have been sued. Knowledge must have been acquired within 120 days of the filing of the earlier complaint.
29
Joinder of claims
a P can file as many claims as he has against a D regardless of whether the claims are related.
30
Joinder of parties
P can join parties as long as the claims involving the parties derive from the same transaction or occurrence, OR at least a common series of transactions.
31
counterclaims (2)
1. permissive: a counterclaim that doesn't derive from the same transaction MAY be filed, but doesn't have to be.
2. a CC that derives from the same transaction as P's claim must be filed or else it is waived.
32
Impleader
third party claims--D may implead a new claim against a third party, if that third party may be liable to D for all/part of the D's liability to P.
33
interpleader
holder of a common fund may file suit as a P and interplead the Ds, all rival claimants to its common fund.
34
intervention
act of a nonparty that wants to get in on the suit as a party.
1. as a right: if it has an interest that will be adversely affected by the lawsuit, and the parties are not protecting that interest.
2. permissive: fed ct has the discretion to grant intervention if there is a commonality of issues between those in the suit and those trying to intervene.
35
indispensable parties
a nonparty MUST be joined if its absence would be prejudicial to any party's right to a full and fair adjudication.
36
if an indispensable party can't be joined
the court must decide if the entire lawsuit should just be DM for failure to join an indispensable party.
37
class action
an action where a named P represents a class of commonly situated absent Ps
38
class action - federal ct jx
federal courts have jx over class actions that have: 1) 100 or more Ps
2) together seek more than $5 mill
3) if any single P is from a different state than any single D.
39
Certification requirements for a class action (CANT)
commonality
adequacy
numerosity
typicality
40
additional requirements for when a class is seeking $ (2)
1. predominance: common issues are predominant over the individual issues
2. superiority: class action is a better method than a normal lawsuit.
2. notice: notice to all potential class members and a chance to opt out.
41
motion for SJ
can be made up to 30 days before the close of dx.
| will be granted if there is no genuine dispute as to a material fact.
42
amendments to complaint
can amend as sa matter of right ONCE within 21 days of service.
after 21 days, court shall grant a motion to amend freely to do justice and serve the merits thereby.
43
relation back of amendments to conform with SOL
new claims: an amendment adding new claims relates back to the date of a timely filed complaint, if the new claim derives from teh same transaction/occurrence as the earlier claim.
New parties: adding new parties will relate back if: 1) the amendments adding the party derives from the same transaction/occur, AND 2) the brand new parties acquired knowledge that BUT FOR the mistake in the name, its ass would have been sued. Knowledge must have been acquired within 120 days of the filing of the earlier complaint.
44
Joinder of claims
a P can file as many claims as he has against a D regardless of whether the claims are related.
45
Right to trial by jury
1. must file written demand within 14 days of service of complaint or answer.
2. constitutional right: if a claim seeks primarily $ damages, there is a right to JT.
46
counterclaims (2)
1. permissive: a counterclaim that doesn't derive from the same transaction MAY be filed, but doesn't have to be.
2. a CC that derives from the same transaction as P's claim must be filed or else it is waived.
47
Impleader
third party claims--D may implead a new claim against a third party, if that third party may be liable to D for all/part of the D's liability to P.
48
interpleader
holder of a common fund may file suit as a P and interplead the Ds, all rival claimants to its common fund.
49
intervention
act of a nonparty that wants to get in on the suit as a party.
1. as a right: if it has an interest that will be adversely affected by the lawsuit, and the parties are not protecting that interest.
2. permissive: fed ct has the discretion to grant intervention if there is a commonality of issues between those in the suit and those trying to intervene.
50
indispensable parties
a nonparty MUST be joined if its absence would be prejudicial to any party's right to a full and fair adjudication.
51
if an indispensable party can't be joined
the court must decide if the entire lawsuit should just be DM for failure to join an indispensable party.
52
class action
an action where a named P represents a class of commonly situated absent Ps
53
class action - federal ct jx
federal courts have jx over class actions that have: 1) 100 or more Ps
2) together seek more than $5 mill
3) if any single P is from a different state than any single D.
54
Certification requirements for a class action (CANT)
commonality
adequacy
numerosity
typicality
55
additional requirements for when a class is seeking $ (2)
1. predominance: common issues are predominant over the individual issues
2. superiority: class action is a better method than a normal lawsuit.
2. notice: notice to all potential class members and a chance to opt out.
56
affirmative defenses in pleadings
must be in answer, or else it is waived.
57
amendments to complaint
can amend as sa matter of right ONCE within 21 days of service.
after 21 days, court shall grant a motion to amend freely to do justice and serve the merits thereby.
58
relation back of amendments to conform with SOL
new claims: an amendment adding new claims relates back to the date of a timely filed complaint, if the new claim derives from teh same transaction/occurrence as the earlier claim.
New parties: adding new parties will relate back if: 1) the amendments adding the party derives from the same transaction/occur, AND 2) the brand new parties acquired knowledge that BUT FOR the mistake in the name, its ass would have been sued. Knowledge must have been acquired within 120 days of the filing of the earlier complaint.
59
Joinder of claims
a P can file as many claims as he has against a D regardless of whether the claims are related.
60
Joinder of parties
P can join parties as long as the claims involving the parties derive from the same transaction or occurrence, OR at least a common series of transactions.
61
counterclaims (2)
1. permissive: a counterclaim that doesn't derive from the same transaction MAY be filed, but doesn't have to be.
2. a CC that derives from the same transaction as P's claim must be filed or else it is waived.
62
Impleader
third party claims--D may implead a new claim against a third party, if that third party may be liable to D for all/part of the D's liability to P.
63
interpleader
holder of a common fund may file suit as a P and interplead the Ds, all rival claimants to its common fund.
64
intervention
act of a nonparty that wants to get in on the suit as a party.
1. as a right: if it has an interest that will be adversely affected by the lawsuit, and the parties are not protecting that interest.
2. permissive: fed ct has the discretion to grant intervention if there is a commonality of issues between those in the suit and those trying to intervene.
65
indispensable parties
a nonparty MUST be joined if its absence would be prejudicial to any party's right to a full and fair adjudication.
66
if an indispensable party can't be joined
the court must decide if the entire lawsuit should just be DM for failure to join an indispensable party.
67
class action
an action where a named P represents a class of commonly situated absent Ps
68
class action - federal ct jx
federal courts have jx over class actions that have: 1) 100 or more Ps
2) together seek more than $5 mill
3) if any single P is from a different state than any single D.
69
Certification requirements for a class action (CANT)
commonality
adequacy
numerosity
typicality
70
additional requirements for when a class is seeking $ (2)
1. predominance: common issues are predominant over the individual issues
2. superiority: class action is a better method than a normal lawsuit.
2. notice: notice to all potential class members and a chance to opt out.
71
motion for SJ
can be made up to 30 days before the close of dx.
| will
72
affirmative defenses in pleadings
must be in answer, or else it is waived.
72
affirmative defenses in pleadings
must be in answer, or else it is waived.
73
amendments to complaint
can amend as sa matter of right ONCE within 21 days of service.
after 21 days, court shall grant a motion to amend freely to do justice and serve the merits thereby.
73
amendments to complaint
can amend as sa matter of right ONCE within 21 days of service.
after 21 days, court shall grant a motion to amend freely to do justice and serve the merits thereby.
74
relation back of amendments to conform with SOL
new claims: an amendment adding new claims relates back to the date of a timely filed complaint, if the new claim derives from teh same transaction/occurrence as the earlier claim.
New parties: adding new parties will relate back if: 1) the amendments adding the party derives from the same transaction/occur, AND 2) the brand new parties acquired knowledge that BUT FOR the mistake in the name, its ass would have been sued. Knowledge must have been acquired within 120 days of the filing of the earlier complaint.
74
relation back of amendments to conform with SOL
new claims: an amendment adding new claims relates back to the date of a timely filed complaint, if the new claim derives from teh same transaction/occurrence as the earlier claim.
New parties: adding new parties will relate back if: 1) the amendments adding the party derives from the same transaction/occur, AND 2) the brand new parties acquired knowledge that BUT FOR the mistake in the name, its ass would have been sued. Knowledge must have been acquired within 120 days of the filing of the earlier complaint.
75
Joinder of claims
a P can file as many claims as he has against a D regardless of whether the claims are related.
75
Joinder of claims
a P can file as many claims as he has against a D regardless of whether the claims are related.
76
Joinder of parties
P can join parties as long as the claims involving the parties derive from the same transaction or occurrence, OR at least a common series of transactions.
76
Joinder of parties
P can join parties as long as the claims involving the parties derive from the same transaction or occurrence, OR at least a common series of transactions.
77
counterclaims (2)
1. permissive: a counterclaim that doesn't derive from the same transaction MAY be filed, but doesn't have to be.
2. a CC that derives from the same transaction as P's claim must be filed or else it is waived.
77
counterclaims (2)
1. permissive: a counterclaim that doesn't derive from the same transaction MAY be filed, but doesn't have to be.
2. a CC that derives from the same transaction as P's claim must be filed or else it is waived.
78
Impleader
third party claims--D may implead a new claim against a third party, if that third party may be liable to D for all/part of the D's liability to P.
78
Impleader
third party claims--D may implead a new claim against a third party, if that third party may be liable to D for all/part of the D's liability to P.
79
interpleader
holder of a common fund may file suit as a P and interplead the Ds, all rival claimants to its common fund.
79
interpleader
holder of a common fund may file suit as a P and interplead the Ds, all rival claimants to its common fund.
80
intervention
act of a nonparty that wants to get in on the suit as a party.
1. as a right: if it has an interest that will be adversely affected by the lawsuit, and the parties are not protecting that interest.
2. permissive: fed ct has the discretion to grant intervention if there is a commonality of issues between those in the suit and those trying to intervene.
80
intervention
act of a nonparty that wants to get in on the suit as a party.
1. as a right: if it has an interest that will be adversely affected by the lawsuit, and the parties are not protecting that interest.
2. permissive: fed ct has the discretion to grant intervention if there is a commonality of issues between those in the suit and those trying to intervene.
81
indispensable parties
a nonparty MUST be joined if its absence would be prejudicial to any party's right to a full and fair adjudication.
81
indispensable parties
a nonparty MUST be joined if its absence would be prejudicial to any party's right to a full and fair adjudication.
82
if an indispensable party can't be joined
the court must decide if the entire lawsuit should just be DM for failure to join an indispensable party.
82
if an indispensable party can't be joined
the court must decide if the entire lawsuit should just be DM for failure to join an indispensable party.
83
class action
an action where a named P represents a class of commonly situated absent Ps
83
class action
an action where a named P represents a class of commonly situated absent Ps
84
class action - federal ct jx
federal courts have jx over class actions that have: 1) 100 or more Ps
2) together seek more than $5 mill
3) if any single P is from a different state than any single D.
84
class action - federal ct jx
federal courts have jx over class actions that have: 1) 100 or more Ps
2) together seek more than $5 mill
3) if any single P is from a different state than any single D.
85
Certification requirements for a class action (CANT)
commonality
adequacy
numerosity
typicality
85
Certification requirements for a class action (CANT)
commonality
adequacy
numerosity
typicality
86
additional requirements for when a class is seeking $ (2)
1. predominance: common issues are predominant over the individual issues
2. superiority: class action is a better method than a normal lawsuit.
2. notice: notice to all potential class members and a chance to opt out.
86
additional requirements for when a class is seeking $ (2)
1. predominance: common issues are predominant over the individual issues
2. superiority: class action is a better method than a normal lawsuit.
2. notice: notice to all potential class members and a chance to opt out.
87
affirmative defenses in pleadings
must be in answer, or else it is waived.
88
amendments to complaint
can amend as sa matter of right ONCE within 21 days of service.
after 21 days, court shall grant a motion to amend freely to do justice and serve the merits thereby.
89
relation back of amendments to conform with SOL
new claims: an amendment adding new claims relates back to the date of a timely filed complaint, if the new claim derives from teh same transaction/occurrence as the earlier claim.
New parties: adding new parties will relate back if: 1) the amendments adding the party derives from the same transaction/occur, AND 2) the brand new parties acquired knowledge that BUT FOR the mistake in the name, its ass would have been sued. Knowledge must have been acquired within 120 days of the filing of the earlier complaint.
90
Joinder of claims
a P can file as many claims as he has against a D regardless of whether the claims are related.
91
Joinder of parties
P can join parties as long as the claims involving the parties derive from the same transaction or occurrence, OR at least a common series of transactions.
92
counterclaims (2)
1. permissive: a counterclaim that doesn't derive from the same transaction MAY be filed, but doesn't have to be.
2. a CC that derives from the same transaction as P's claim must be filed or else it is waived.
93
Impleader
third party claims--D may implead a new claim against a third party, if that third party may be liable to D for all/part of the D's liability to P.
94
interpleader
holder of a common fund may file suit as a P and interplead the Ds, all rival claimants to its common fund.
95
intervention
act of a nonparty that wants to get in on the suit as a party.
1. as a right: if it has an interest that will be adversely affected by the lawsuit, and the parties are not protecting that interest.
2. permissive: fed ct has the discretion to grant intervention if there is a commonality of issues between those in the suit and those trying to intervene.
96
indispensable parties
a nonparty MUST be joined if its absence would be prejudicial to any party's right to a full and fair adjudication.
97
if an indispensable party can't be joined
the court must decide if the entire lawsuit should just be DM for failure to join an indispensable party.
98
class action
an action where a named P represents a class of commonly situated absent Ps
99
class action - federal ct jx
federal courts have jx over class actions that have: 1) 100 or more Ps
2) together seek more than $5 mill
3) if any single P is from a different state than any single D.
100
Certification requirements for a class action (CANT)
commonality
adequacy
numerosity
typicality
101
additional requirements for when a class is seeking $ (2)
1. predominance: common issues are predominant over the individual issues
2. superiority: class action is a better method than a normal lawsuit.
2. notice: notice to all potential class members and a chance to opt out.
102
motion for JMOL
after adversary has been heard, JMOL will be granted if there is a legally insufficient evidentiary basis from which a reasonable jury could find for the nonmoving party.
103
renewed JMOL
filed by the losers. must file within 28 days of verdict/judgment.
104
motion for a new trial
must be filed within 28 days of judgment and will be granted if:
1) there were errors at trial affecting parties' substantial trial rights; or
2) verdict was against the manifest weight of the evidence.
DISCRETIONARY.
105
Right to trial by jury
1. must file written demand within 14 days of service of complaint or answer.
2. constitutional right: if a claim seeks primarily $ damages, there is a right to JT.
106
offer of judgment
D making a formal offer to settle the case with sanctions attached.
this means that if you reject the offer and go to trial and fail to get more $$ than the offer, you have to pay D's costs and fees.
107
default judgments
D will suffer a default judgment in favor of P if he fails to respond to P's complaint in a timely manner.
108
motion to vacate default judgments
will be granted upon good cause shown.
109
Motion for relief from the judgment (MEND)
must file within 1 year of judgment.
M: merit to your claim/defense.
E: equity demands relief (ie. fraud, perjury)
N: new facts discovered since judgment.
D: due diliegence; despite DD, you couldn't have discovered the new facts until after the judgment
110
res judiciata
a claim which has been fully and fairly litigated to final judgment on the merits cannot be relitigated by the parties.
111
collateral estoppel
an issue that has been fully/fairly litigated on its merits cannot be relitigated.
112
finality rule
parties cannot relitigate claims/issues that they already litigated.
113
appellate review
only finals orders can be appealed.
114
exceptions to final order appeal rule
1. partial final order: resolves some claims against some parties, but not all. can be appealed immedaitely if lower ct finds on just reason to delay appeal.
2. discretionary appeals of interlocutory orders: 1) doubt; 2) controlling issue of law; 3) appellate review would materially advance litigation.
115
Time requirements for appeal
NOA must be filed within 30 days in the lower district court entering the judgment.
