Federal Jx 1 Flashcards
Federal Court Defn
Courts of limited jx
State Court Defn
Courts of general and unlimited jx, except in areas that are specifically reserved.
Two types of Subj Matter Jx
Arising Under Jx
Diversity Jx
Arising Under Jx
- Q created by federal law; or
2. Q created by state law, but depends on a constitutional Q
Well Pled Complaint Rule
Federal issue must appear on face of P’s complaint, not just in a defense.
4 Ways of Establishing Diversity via Citizenship
- 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)
Domicile of Individual
Diversity jx.
their true home + intent to remain/return WHEN THE LAWSUIT WAS FILED
Diversity jx
Diversity between P and D; + amount in controversy must EXCEED $75,000.
Supplemental Jx
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.
Exception to Supplemental Jx
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.
Removal Jx
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.
Erie Doctrine: state law governs, UNLESS
the case involves
federal statute
jury trial
federal rule
Full Faith and Credit
Any valid judgment entered in any fed/state court must be recognized and enforced in every other fed/state court.
Abstention
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.
Personal jx
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
Three bases for personal jx
consent
presence
long arm statute
Consent
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.
Presence (3)
- actually and voluntarily present in the state;
- domiciled;
- doing business - regular, systematic, and continuous in-state business.
Long arm statute for personal jx
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.
personal jx law - constitutionality
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?
Service of process
AWASP
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
constitutional service of process
process is constitutional if it is reasonably calculated to apprise interested parties of litigation.
venue
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.
motion challenging venue
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.
shit that will be waived unless it’s in the first responsive pleading (ie. Answer or Motion)
- motion to DM for lack of personal jx.
- motion to DM for improper service of process.
- motion challenging venue.
affirmative defenses in pleadings
must be in answer, or else it is waived.
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.
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.
Joinder of claims
a P can file as many claims as he has against a D regardless of whether the claims are related.
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.
counterclaims (2)
- permissive: a counterclaim that doesn’t derive from the same transaction MAY be filed, but doesn’t have to be.
- a CC that derives from the same transaction as P’s claim must be filed or else it is waived.
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.
interpleader
holder of a common fund may file suit as a P and interplead the Ds, all rival claimants to its common fund.
intervention
act of a nonparty that wants to get in on the suit as a party.
- as a right: if it has an interest that will be adversely affected by the lawsuit, and the parties are not protecting that interest.
- 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.
indispensable parties
a nonparty MUST be joined if its absence would be prejudicial to any party’s right to a full and fair adjudication.
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.
class action
an action where a named P represents a class of commonly situated absent Ps
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.
Certification requirements for a class action (CANT)
commonality
adequacy
numerosity
typicality
additional requirements for when a class is seeking $ (2)
- predominance: common issues are predominant over the individual issues
- superiority: class action is a better method than a normal lawsuit.
- notice: notice to all potential class members and a chance to opt out.
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.
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.
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.
Joinder of claims
a P can file as many claims as he has against a D regardless of whether the claims are related.
Right to trial by jury
- must file written demand within 14 days of service of complaint or answer.
- constitutional right: if a claim seeks primarily $ damages, there is a right to JT.
counterclaims (2)
- permissive: a counterclaim that doesn’t derive from the same transaction MAY be filed, but doesn’t have to be.
- a CC that derives from the same transaction as P’s claim must be filed or else it is waived.
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.
interpleader
holder of a common fund may file suit as a P and interplead the Ds, all rival claimants to its common fund.
intervention
act of a nonparty that wants to get in on the suit as a party.
- as a right: if it has an interest that will be adversely affected by the lawsuit, and the parties are not protecting that interest.
- 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.
indispensable parties
a nonparty MUST be joined if its absence would be prejudicial to any party’s right to a full and fair adjudication.
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.
class action
an action where a named P represents a class of commonly situated absent Ps
