Intro to Civ Pro & Subject Matter Jurisdiction (Diversity Jurisdiction)

Question 1

Process of a Civil Case

Answer 1

Pleading, Discovery, Pretrial, Trial, Post Trial, Appeal

Question 2

Pleading Phase

Answer 2

Plaintiff files a complaint, Plaintiff must serve defendant a copy of complaint and court summons, Defendant responds with an answer, Both parties can amend the pleadings

Question 3

Discovery Phase

Answer 3

Bound by rule 26 of Federal Rules of Civ Proc; parties are free to demand production of relevant information and testimony (presumptively discoverable evidence)

Question 4

Discovery

Answer 4

The process of obtaining evidence from witnesses and from other parties to the case through court-enforced procedures

Question 5

Protective Order

Answer 5

a way that one party can deny information to an adversary

Question 6

Methods of discovery

Answer 6

1. Automatic disclosure (based on rule 26)
2. Interrogatories (based on rule 33)
3. Requests for the production of documents (rule 34)
4. Depositions (rule 30) most reliable
5. Medical Exam of a party (rule 35)
6. Requests for admission

Question 7

Summary Judgment

Answer 7

the opposing party did not have sufficient evidence to prove their claim

Question 8

Directed Verdict or Judgment as a matter of law

Answer 8

NO reasonable juror could find for the opposing party so the judge instructs the jury to rule in one way.

Question 9

Res Judicata/claim preclusion

Answer 9

a party cannot sue a defendant for the same claim twice

Question 10

Issue preclusion

Answer 10

precludes (prevent) parties from re-litigating issues that were litigated and necessary to the judgment in a prior action between the parties.

Question 11

Diversity Jurisdiction

Answer 11

cases between citizens of different states; held in federal court; set out in Constitution - Article III, Section 2 and 28 USC 1332; created to prevent bias and increase fairness; based on where the claim was filed

Question 12

Citizenship of an Individual

Answer 12

based on domicile

Question 13

Citizenship of a Corporation

Answer 13

SuCo decided that a corp. is a citizen where its “nerve center” is. (28 USC 1332 (c))

Question 14

Domicile Test

Answer 14

Having both presence and intent to remain “indefinitely” in a state/jurisdiction; person does not lose their old domicile until they gain a new one

Question 15

Complete Diversity

Answer 15

Ex: Texas and Kansas v. Missouri, Idaho and California

Question 16

Minimal Diversity

Answer 16

Ex. Texas and Texas v. Missouri and Texas

Question 17

Burden of Proof for Diversity Jurisdiction

Answer 17

On the Plaintiff; she brought the suit, make her prove it.

Question 18

Burden of Proof for Diversity Jurisdiction

Answer 18

On the Plaintiff; she brought the suit, make her prove it.

Question 19

Domicile of Origin

Answer 19

At birth, every person takes their parent’s domicile (technically their father’s unless they don’t have a father, then it’s the mother’s)

Question 20

Domicile of Change

Answer 20

After domicile of intent, this is precipitated by residence and intent to remain indefinitely at new domicile.

Question 21

Gordon V. Steele

Answer 21

Intentions based on condition are good enough to create intent

Question 22

Mas V. Berry

Answer 22

Intentions based on condition are NOT good enough to create intent.

Question 23

Hertz Corp. v. Friend

Answer 23

SuCo rules on the Nerve Center Test - base where chief operations and chief operating officers are.

Question 24

Exclusions from Diversity Jurisdiction

Answer 24

Note 8, pg 57 - Divorce, Custody Battles, Probates, and other domestic relations.

Question 25

Other Entities (not corporations) & their Domiciles

Answer 25

Unions - every state where a member is domiciled
Partnerships - every state where a partner is domiciled
LLC/LLP - based on state definition, but usually based on states of partners

Question 26

Amount In Controversy

Answer 26

Not specifically mentioned in Article III, Section 2; Requirement to prevent petty cases from wasting federal court time and money, also to prevent federal courts from becoming the courts of big business
– $75,000.01+

Question 27

St. Paul Mercury Rule

Answer 27

Plaintiff’s claim for more than required AIC will generally be accepted if it appears to be made in good faith; unless it appears with legal certainty that the claim is for less than the amount!

• If Defendant doesn’t argue, amount claimed will be accepted.
• burden of proving AIC, if contested, is with the plaintiff and may be achieved with witness testimony, evidentiary documents and affidavits.
• if not proven to point that a reasonable juror would award the required AIC, judge will dismiss.

Question 28

Aggregation Rules for AIC

Answer 28

1. A single plaintiff MAY aggregate separate claims against a single defendant to meet AIC
2. Co plaintiffs MAY NOT aggregate to reach AIC
3. A single plaintiff MAY NOT aggregate against separate defendants to meet AIC
4. Claims and Counterclaims MAY NOT be combined to meet AIC
5. If multiple legal theories MAY NOT combine
6. If Multiple Damages MAY combine to reach AIC

Question 29

When AIC might Fail

Answer 29

• When a statute limits damages
• When a contract limits damages
• If asking for a legally unavailable remedy

Question 30

Calculating AIC

Answer 30

Majority Approach is to go with the bigger number when looking at P and D’s claims of AIC amount.
– What do they want?