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NY Bar 2014 > FedJur > Flashcards

FedJur Flashcards

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1
Q

Main subject matter jurisdication (MJ) cases in Fed court?

A
  1. Diversity of citizenship, alienage

2. Federal question

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2
Q

MJ - Diversity and alienage - 2 requirements

A
  1. Between citizens of different states OR between state citizen and foreign country
  2. Amount in controversy >$75k (NOT =$75k, not including interest)
    ESSAY: ALWAYS MENTION BOTH WHEN DISCUSSING MJ
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3
Q

Complete diversity rule:

A

If ANY plaintiff is a citizen of the same state as ANY defendant
NO DIVERSITY JURISDICTION

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4
Q

US citizen domiciled abroad
v
Citizen of state

A

No diversity jurisdiction

not alien

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5
Q

Foreign citizen
v
Citizen of state

A

Diversity jurisdiction!

Alienage

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6
Q

How to determine “state of citizenship”?

A

Domicile

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7
Q

How to determine domicile?

A

Physical presence in state
AND
intent to make state your permanent home

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8
Q

Relevant time for domicile determination?

A

When case filed (not when event occurred)

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9
Q

Citizenship of corporations

A

State/country of incorporation
AND
Where it has principal place of business (where managers direct, coordinate and control corp activities - “nerve center” - HQ)
(can have more than one citizenship!)

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10
Q

Citizenship of LLC, partnership

A

Citizenship of all members, incl. GPs, LPs

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11
Q

Decedent, minor, incompetent - citizenship?

A

Theirs, not their guardian

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12
Q

Doubt re >$75k?

A

Any good faith claim is considered

UNLESS “clear to a legal certainty” that it cannot be recovered.

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13
Q

Actual award relevant?

A

Not to jurisdiction.

But if awarded less than $75k P may be liable for litigation costs.

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14
Q

Aggregation of claims = >75k - OK?

A

Yes if same defendant

“Joint” tortfeasors - OK

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15
Q

Value of injunction - 2 alternative tests

A

Decrease of value to P

Cost of compliance with injunction.

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16
Q

Exclusions to Fed court orders

A

No divorce, alimony, child custody decree, no probate

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17
Q

Federal Question MJ - define

A

“Right or interest founded substantially on federal law / constitution”

(Citizenship and amount - irrelevant)

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18
Q

Test for Fed Questuin MJ?

A

“Well pleaded complaint” rule.
Federal if simply stating claim?
(“Is P enforcing a federal right?”)

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19
Q

Does every claim need to have MJ?

A

Yes!

After filing, “Supplemental Jurisdiction” claims may be added LATER

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20
Q

Test for Supplemental Jurisdiction claim

A

“Common nucleus of operative fact”

Always when arising from same transaction/occurrence

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21
Q

Exception to Supp Jur

A

P cannot use to overcome lack of diversity IN DIVERSITY CASE
(Eg. in suit against out-of-stater, cannot add D from his state), even when arises from same occurrence)
(Can overcome lack of 75k even in diversity case)

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22
Q

Supp Jur to overcome lack of diversity in Fed Q case?

A

Yes!

In FED Q CASE, can add D who does not have diversity or FedQ jurisdiction, if “common nucleus” fulfilled.

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23
Q

Court discretion not to hear Supp claim if:

A

Fed Q dismissed early
State law claim complex
State law issues predominate

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24
Q

State “removes” to Fed

Fed ____ to State

A

Remands

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25
Q

When can D request removal?

A

30d after service of 1st paper making case removable.

In case of multiple D’s - after service to last one

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26
Q

Removal in case of multiple D’s?

A

All Ds must request

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27
Q

2 exceptions to removal - DIVERSITY CASES ONLY!

A

If any D is citizen of forum (“instate rule”).

1y+ after case filed in state court (unless P acts in bad faith to prevent removal)

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28
Q

Time limit on raising MJ / remand to state court?

A

Anytime.

For other grounds after removal - within 30d

29
Q

Erie doctrine - which law - hierarchy:

A

(1) Federal law directly conflicting with state law –> Fed Law (Supremacy clause)
IF NOT
(2) “Easy” issue - elements of claim/defense, SoL, tolling SoL, choice of law –> state law
IF NOT
(3) Substantive issue –> state law (see next slide)

30
Q

“Substantive issue” tests

A

(i) Determinative for case? Yes –> substantive –> state law
(ii) Balance of interest - does state or fed have a strong interest in having its rule applied?
(iii) Avoid forum shopping - if ignoring state law will cause ppl to flock to Fed court –> state law

31
Q

Venue

A

Any district where:
all D’s reside OR
substantial part of claim arose.

32
Q

All D’s in different districts in same state?

A

Any district in which any resides.

33
Q

“Reside” means

A

Domicile.

Corp - all the different classifications

34
Q

Transfer of venue - where permissible?

A

Only to a fed district where case could have been brought.

Or any district at all where all parties consent if there is “cause” for the transfer.

35
Q

Court discretion to transfer venue

A

Convenience of parties, witnesses, interests of justice.
AND
Public/private factors showing that other court is “center of gravity”

36
Q

Choice of law after transfer?

A

Of original venue.

37
Q

Service of process - what and when?

A

Summons + copy of complaint

120 days after filing case (can show good cause if later).

38
Q

Who serves?

A

Non-party

18+

39
Q

Laws applicable to service

A

Must comply with any of:
FRCP
state law where court located
state law where service effected.

40
Q

3 forms of service under FRCP?

A

Personal service – anywhere in forum state
Substituted service - D’s usual abode, with someone residing there of suitable age and discretion.
Agent service - to D’s agent who is authorized to receive.

41
Q

Waiver of service

A

Mail to D with waiver form and prepaid postage for return.

If no waiver, D can be liable for cost of service.

42
Q

NY fed court serves outside NY?

A

Only to the extent NY state court can serve.

43
Q

Condition for joinder of P’s or D’s

A

Arising frm same transaction/occurrence
AND
Raise same legal question.
THEN we look at MJ (diversity, Fed Q)

44
Q

When is a party “necessary”?

A

His interest will be harmed if he isn’t joined.
Without him, can’t accord relief to joined parties.
Joint tortfeasors NOT “necessary parties”
THEN look at MJ

45
Q

If necessary party cannot be joined under FedJur, how does court decide whether to proceed without him or dismiss?

A

Alternative forum available for everyone?
Real likelihood of harm if we proceed without party?
Can court issue order without injuring party?

46
Q

Counterclaims

Two types:

A

Compulsory - same T/O - waived if not made with answer

Permissive - different T/O - not waived

47
Q

Fed jur of counterclaim

A

Check diversity/alienage and fed Q.
If not, check Supp
(Compulsory has same T/O –> same nucleus –> Supp)
(limitation does not apply, since this is not a claim by P)

48
Q

Cross-claim (against co-party)

A

Same T/O
Never compulsory
If citizens of same state - Supp. Since it is not a claim by P - no limitation.

49
Q

Impleader against TPD - when can D file

A

14d after answer

Check MJ or Supp for TPD!

50
Q

Intervention - absentee wants to join suit - grounds?

A

Absentee’s interest may be harmed if not joined AND he is not adequately represented already.
At least one common Q.
Court has discretion.
Check MJ or Supp!

51
Q

Stakeholder wants to know whether property is his or others.
Two tracks - Rule and Statute

A 
Rule - same as regular diversity case.
Funny things in statute:
one claimant different from another claimant
$500
nationwide service
venue where claimant resides
52
Q

Class action - initial requirements

A

Too numerous for practical joinder
Common Q of law or fact
Claims/defenses typical of class
Representative adequate for class

53
Q

Class action - 3 types

A

(1) Prejudice - class treatment necessary to avoid damages to either side [no opting out]
(2) Injunction/declaratory sought since parties treated alike [no opting out]
* (3) “Damages” - common Qs predominate over individual Qs AND class action superior method [can opt out!!]

54
Q

Class action - notice to members

A

In “Damages” type - COURT gives notice to all reasonably identifiable members:
can opt out
bound by judgment if they don’t
can enter separate appearance

55
Q

MJ in class action - diversity?

A 
REP must be diverse from all D's!
[If $5m+ then any class member can be diverse from any D]
56
Q

MJ in class action - >$75k?

A

REP’s claim must exceed.

57
Q

Right to jury in Fed?

A

Only for action at law, not action at equity.

Claim involves law+equity –> jury decides facts underlying law (damages) claim.

58
Q

Jury selection

A

Unlimited strikes for cause

3 peremptory strikes (must be race/gender neutral)

59
Q

JMOL?

A

Motion for judgment as a matter of law - takes away form jury.
Can move for this after other side has been heard.
When “reasonable people could not disagree on result”

60
Q

Renewed JMOL

A

Moved for JMOL, judge rejected, jury ruled, move for RJMOL w/in 28d.
“Jury reached conclusion that reasonable ppl could not have reached”.
Only if moved or waived JMOL at trial.
Result - Reverses ruling!!

61
Q

Motion for new trial w/in 28d. Grounds?

A

Error that requires re-trial.
New evidence, misconduct, serious error by jury?
Result - Starting over!

62
Q

Answer to claim - when?

A

21 days after service of process.

63
Q

Defenses which can be raised EITHER in answer OR in MOTION

A 
Lack of MJ
Lack of PJ
Improper venue
Insufficient process
Insufficient service
Failure to state claim on which relief can be granted
Failure to join indispensable party
64
Q

Defenses which must be raised in first response or they are waived:

A

Lack of PJ
Improper venue
Insufficient process
Insufficient service

65
Q

Defenses which can be raised anytime through trial

A

Failure to join indispensable party

Failure to state claim on which relief can be granted

66
Q

Defense which is never ever waived

A

MJ

67
Q

Complaint contains

A

Statement of MJ
Statement of claim + relief (“Facts supporting PLAUSIBLE claim”)
Demand for judgment

68
Q

Topics requiring specificity (not just general facts)

A

Fraud
Mistake
Special damages (which do not normally flow from event)

NY Bar 2014 (18 decks)

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