General Assessments Flashcards
To which form of subject matter jurisdiction does the “well-pleaded complaint” rule apply?
Federal question
Supplemental Jurisdiction
- Supplemental jurisdiction allows a federal court to hear a claim over which it otherwise would not have jurisdiction.
- Supplemental jurisdiction applies only when the court already has jurisdiction over another claim.
- The key test for determining the existence of supplemental jurisdiction is the common nucleus of operative fact test
In diversity jurisdiction, what claims are precluded by supplemental jurisdiction?
- Claims by existing plaintiffs against additional persons joined as necessary parties under Rule 19
- Claims by persons seeking to intervene as plaintiffs under Rule 24
- Claims by plaintiffs joined voluntarily under Rule 19
Due process requirements have been met when
- there has been minimum contacts between the defendant and the forum state.
- a court’s exercise of personal jurisdiction cannot offend traditional notions of fair play and substantial justice.
- contacts between the forum and the plaintiff are not independently sufficient to satisfy due process.
Pleadings
- A complaint must include a demand for judgment for the relief sought.
- The demand for judgment for the relief sought may include different types of relief.
- Allegations of fraud or mistake, as well as a claim for special damages, must be stated with particularity.
An amendment to a pleading may be made _________ as a matter of right. When leave of the court must be sought, leave should be _________ granted.
once, freely
Compulsory joinder
- A necessary party may be served within 100 miles from where the summons was issued, even if the service is outside of the state and beyond its long-arm statute jurisdiction.
- A necessary party is a person whose participation in the lawsuit is necessary for a just adjudication.
- When the court dismisses an action because of the inability to join a necessary party, the party is said to be “indispensable.”
What aid can a party faced with an unduly burdensome or expensive discovery request seek from the court?
Protective order
Compulsory counterclaims
A compulsory counterclaim is a claim that arises out of the same transaction or occurrence as the opposing party’s claim.
What type of claim must be supported by an independent jurisdictional basis?
Permissive counterclaim
Consequence of plaintiff’s failure to prosecute
dismissal with prejudice
What happens when there has been a failure to respond to an admissions request?
It results in the matter being admitted
Oral Depositions
- must be given under oath
- any person sought to be deposed must be subpoenaed in order to compel attendance.
- when an entity such as a corporation is deposed, the entity selects the individual who will respond at the deposition on the entity’s behalf.
A party opposing a motion for summary judgment cannot rely solely on
allegations or denials in her own pleading
Requirements for a judgment as a matter of law
- The evidence must be viewed in the light most favorable to the opposing party.
- The evidence cannot support a contrary verdict.
- The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment.