Kaplan MBE Civ Pro Flashcards
What is Subject-Matter Jurisdiction (SMJ)?
Power of court over a particular case
Established in three ways: Federal question jurisdiction, Diversity jurisdiction, Supplemental jurisdiction.
What is Federal Question Jurisdiction (FQ)?
Federal courts are empowered to hear claims presenting a question of federal law.
What does the Well-Pleaded Complaint Rule state?
A question of federal law must arise in the plaintiff’s affirmative claim.
What are the requirements for a state law claim to raise a federal issue under Federal Question Jurisdiction?
- Necessarily raised
- Actually disputed
- Substantial
- Capable of resolution in federal court
What is Diversity Jurisdiction?
Federal courts have jurisdiction over actions between citizens of different states where the amount in controversy exceeds $75,000.
What does ‘complete diversity’ mean?
No plaintiff and no defendant are citizens of the same state.
When is diversity measured?
At the time the suit is filed.
What is the exception to Diversity Jurisdiction regarding class actions?
Class actions with more than 100 persons and $5M.
How is citizenship determined for human beings?
Citizenship is where they reside and intend to remain indefinitely.
What is the Wanderer Rule?
A human being’s citizenship does not change until they plant roots in a new state.
How are corporations classified regarding citizenship?
Citizens of the state where they are incorporated and the state where they maintain their principal place of business.
What is the standard for the Amount in Controversy?
Must exceed $75,000.
What does ‘aggregation of claims’ refer to?
If a plaintiff brings multiple claims against a single defendant, the court will aggregate claims to see if the amount in controversy is reached.
What is Supplemental Jurisdiction (SJ)?
Allows a claim falling outside Federal Question or Diversity jurisdiction to ‘piggyback’ onto a claim that does fall within FQ or Diversity.
What is the first step in determining Supplemental Jurisdiction?
Determine if the piggyback claim arises from the same transaction/occurrence as the anchor claim.
What is the ‘sneaky plaintiff’ concept?
A plaintiff trying to circumvent limitations on diversity jurisdiction.
What is the home-state defendant rule regarding removal?
A defendant cannot remove if federal jurisdiction is based only on diversity and the defendant is a citizen of the state where the plaintiff filed suit.
What is the timing requirement for removal?
Must remove within 30 days of when grounds for removal become apparent.
What is Personal Jurisdiction (PJ)?
Power of court over a particular party.
What is the first step in analyzing Personal Jurisdiction?
Look at state law to see if a state court could assert PJ over that party.
What are the five circumstances under which a state law can authorize PJ?
- Residency
- Consent or Waiver
- Service
- Minimum Contacts
- At Home General Jurisdiction
What factors are considered under the Minimum Contacts test?
- Established minimum contact with the forum state
- Claim arises from that contact
- Lawsuit arises from the defendant’s contacts
What is Venue?
Region within a particular state where suit can be brought.
What dictates Venue?
- Residency of defendant(s)
- Location of events giving rise to the suit
- Where at least one defendant is subject to PJ
What is the ‘gap filler’ in Venue?
District where any defendant is subject to PJ if no other proper venue exists.
What is forum non conveniens?
Court can dismiss a case if the most convenient forum is not in the US.
What law is applied in Federal Question Cases?
The court applies the text of federal law and authoritative precedent.
What is the Erie Analysis in diversity cases?
A two-step process to determine whether to apply state or federal law.
What is the first step of the Erie Analysis?
Do what Congress or the Constitution says if it is valid and on point.
What is the Erie analysis in diversity cases?
A two-step process for federal courts to apply state and federal law
What is the first step of the Erie analysis?
Determine if a valid federal statute or constitutional provision is on point
What happens if a federal statute is found to be invalid in the Erie analysis?
The court ignores it and moves to the second step
What must a valid federal rule not do according to Congress?
Not abridge, enlarge, or modify any substantive right
What is the focus of the second step in the Erie analysis?
Avoiding unfairness and forum shopping
What is considered ‘substantive’ law in the context of Erie analysis?
Law that must be applied if it instructs the court to apply state law
What is considered ‘procedural’ law in the context of Erie analysis?
Federal practices that do not favor one court system over another
What are the three required contents of a complaint under Rule 8?
- Grounds for subject-matter jurisdiction
- Statement of facts for relief
- Demand for judgment and relief sought
How long does a party have to amend a pleading as a matter of right?
21 days
What is the relation back rule for adding new claims?
The amendment is considered filed on the original complaint date if it arises from the same transaction
What must be served to inform the defendant of the pending action?
Both the complaint and summons
What is the time limit for serving process after filing a complaint?
90 days
What activates the court’s authority to assert personal jurisdiction?
Service of process
What must a defendant do in their answer to a complaint?
Admit or deny the allegations and list defenses
What is the purpose of a motion for a more definite statement?
To clarify a pleading that is too vague
What is a preliminary injunction?
An order to prevent harm before a case is fully litigated
What are the five elements required for a preliminary injunction?
- Likelihood of success on the merits
- Irreparable harm
- Balance of hardships
- Public interest
- Payment of security
What is a Temporary Restraining Order (TRO)?
A short-term order to prevent harm, expiring after 14 days
What is the rule for permissive counterclaims?
Claims that do not arise from the same transaction or occurrence underlying the plaintiff’s claims
What is the rule for compulsory counterclaims?
Claims that arise from the same transaction or occurrence and must be filed or forfeited
What is impleader?
A defendant’s claim against a third party not already part of the lawsuit
What is the standard of conduct for attorneys under Rule 11?
Certify submissions are made in good faith, based on good facts and good law
What does the safe harbor provision in Rule 11 allow?
A chance to withdraw or modify any alleged violation of Rule 11
What is the goal of sanctions under Rule 11?
To deter misconduct
What is the significance of joinder of claims under Rule 18?
Allows multiple claims by one plaintiff against one defendant regardless of relatedness
What must be shown for a new party to be added to a lawsuit?
The new party must be informed through service of process
What is the requirement for the timing of responses after service?
21 days to respond if served, 60 days if service is waived
What does Rule 11 not apply to?
Any discovery matter
What is the consequence if a plaintiff fails to serve a defendant within 90 days?
The court must dismiss the suit without prejudice
What can a third person do after being impleaded?
Bring their own claims against others and implead others
The original plaintiff can also file a claim against the third party if it relates to one of the plaintiff’s original claims.
What is Permissive Joinder (Rule 20)?
Multiple plaintiffs can join one suit or multiple defendants can be sued in one suit if:
* Joined parties claim relief or face liability from the same transaction or occurrence
* There are common questions of law/fact among joined parties.
What is Mandatory Joinder (Rule 19)?
A requirement to add a party to the suit if:
* The absent party is necessary
* The court can join the party without destroying jurisdiction.
What defines a necessary party in Mandatory Joinder?
A party is necessary if:
* They have an interest that might be impaired if left out
* Complete relief cannot be issued in their absence
* Current parties would face inconsistent or duplicative liability.
Fill in the blank: A missing party can’t be joined in federal court if the court lacks ______ over the missing party.
personal jurisdiction
What happens if a party cannot be joined in a suit?
The court considers:
* The extent of prejudice to the missing party
* Whether the prejudice can be lessened
* If the case can be dismissed or adjudicated in the party’s absence.
What are the four requirements to form a class for a class action?
- Numerosity
- Commonality
- Typicality
- Representativeness
What must be shown for a class action to be proper for resolution?
Separate actions would create a risk of inconsistent judgments or impair nonparties from protecting their interests.
True or False: Inmates can litigate claims as a class if they are treated the same by the state.
True
What must the court have over every defendant in a class action?
Personal jurisdiction
What is the Class Action Fairness Act (CAFA)?
It allows a class to appear in federal court if any single member is diverse from any defendant and the amount in controversy exceeds $5 million.
What is an Interpleader Claim (Rule 22)?
Used when a party fears facing multiple/inconsistent liabilities.
What is Intervention (Rule 24)?
When a non-party claims an interest in the subject matter of the action and seeks to join the case.
What are the two types of intervention?
- Intervention of right
- Permissive intervention
What is required for a party to intervene of right?
The party must claim an interest relating to the subject matter and risk losing the ability to protect that interest.
What does the Bulge Rule state?
An impleaded defendant is subject to personal jurisdiction if served within 100 miles of the courthouse.
What are the four main topics of discovery?
- Mandatory disclosures
- Scope of discovery
- Methods of discovery
- Enforcement of discovery
What are Initial Disclosures under Rule 26a?
Must provide:
* Names/contact info of witnesses
* Copies/descriptions of documents and ESI
* Computation of damages
* Copies of insurance agreements
What is the scope of discovery dictated by?
Relevance and work product protections.
Fill in the blank: Privileged matter is ______.
not discoverable
What is attorney/client privilege?
Covers confidential communications between an attorney and client for legal advice.
What is required for a court to issue a scheduling order after a Rule 26(f) conference?
The court must hold a Rule 16(b) conference.
What is the purpose of a Rule 16(b) conference?
To discuss the litigation’s efficiency and potential settlement.
What is required for expert disclosure?
Must disclose expert name/contact info and final report at least 90 days before trial.
What is protected by attorney-client privilege in a legal context?
Conversations between an attorney and their client
The underlying facts discussed are not protected by this privilege.
What must a party do if asked whether they updated the electrical wiring in the past five years?
They must answer the question truthfully.
What is proportionality in discovery?
The request must be proportional to the needs of the case considering various factors
Factors include importance of issues, amount in controversy, parties’ access to relevant information, resources, importance of discovery, and burden versus benefit.
What happens if a discovery request is not proportional to the needs of the case?
The court must limit the discovery sought.
What are the two types of experts in legal proceedings?
- Non-testifying Expert
- Testifying Expert
What is a Non-testifying Expert?
An expert assessing the merits of the case without intention to testify.
What is a Testifying Expert?
An expert whose opinions are discoverable and may testify at trial.
What is the maximum number of interrogatories allowed?
Up to 25 questions.
What is the time frame for responding to interrogatories?
30 days to respond.
What must requests for admission include?
A request to admit the truth or fact.
What are Requests for Production?
Requests for documents, tangible items, or access to evidence.
What is required for Requests for Mental or Physical Examination?
Available only upon court order.
What is a deposition?
A method to ask questions of witnesses.
What is a subpoena?
A demand for documents or testimony from non-parties.
What does a motion to compel do?
It seeks to enforce compliance with discovery requests.
What is the difference between voluntary and involuntary dismissals?
- Voluntary Dismissal: Claimant drops the case
- Involuntary Dismissal: Court dismisses due to failure to prosecute or comply
What does ‘with prejudice’ mean in a dismissal?
The plaintiff is barred from re-litigating the claim.
What is a default judgment?
A judgment issued when the defendant fails to respond after being properly served.
What are the two steps to obtain a default judgment?
- Entry of Default
- Entry of a Default Judgment
What grounds can be used to file a motion to dismiss?
- Lack of Subject Matter Jurisdiction
- Lack of Personal Jurisdiction
- Improper Venue
- Insufficient Process
- Insufficient Service of Process
- Failure to State a Claim
- Failure to Join an Indispensable Party
What is the time frame for filing a motion to dismiss?
Within 21 days of service or 60 days if service was waived.
What defenses must be included in the first response to avoid forfeiture?
- Lack of Personal Jurisdiction
- Improper Venue
- Insufficient Process
- Insufficient Service of Process
What is a Motion for Summary Judgment?
A motion asserting no genuine dispute of material fact exists.
What defenses must a defendant raise before the trial ends?
Failure to state a claim upon which relief can be granted; Failure to join a necessary party.
Is the defense of lack of subject matter jurisdiction (SMJ) forfeited?
No, it may be raised anytime, even on appeal.
What is a Motion for Summary Judgment (SJ)?
No genuine dispute of material fact, and movant is entitled to judgment as a matter of law.
What is the first step in analyzing a Motion for Summary Judgment?
Assess only the arguments advanced by the movant.
What must the non-movant do in response to a Motion for Summary Judgment?
Bring evidence sufficient for a reasonable jury to find in their favor.
What types of materials can be used in a Motion for Summary Judgment?
- Pleadings
- Discovery documents
- Materials produced in mandatory disclosure
- Affidavits
When can a Motion for Summary Judgment be made?
Any time before 30 days after the close of discovery.
What does the 7th Amendment guarantee?
The right to a trial by jury in suits at common law where the value in controversy exceeds $20.
What is the primary inquiry when considering suits at common law?
The nature of the remedy.
How many parties need to demand a trial by jury?
Only one party needs to demand it.
What is the time frame for filing a demand for a jury trial?
No later than 14 days after the last pleading directed to the jury-eligible issue is filed.
What is the size range of a jury?
6-12 members.
What is a challenge for cause in jury selection?
Unlimited challenges for jurors deemed unfit, requiring articulation of the juror’s unfitness.
What is a peremptory challenge?
Three challenges that allow a juror to be dismissed without justification unless it raises gender/race discrimination.
What must the judge do before jury deliberations?
Instruct the jury on the law applicable to the claims alleged.
What is a general verdict?
A statement that the plaintiff wins or the defendant wins.
What is a special verdict?
The court directs the jury to answer specific questions of fact.
What is a General Verdict with Specific Questions?
A combination of a general verdict and specific questions answered by the jury.
What is required for a bench trial’s findings and conclusions?
The court must state its findings on disputed facts and conclusions of law separately.
What is a Motion for Judgment as a Matter of Law (JML)?
A motion that may be entered during a jury trial if one party lacks sufficient evidence after being fully heard.
When can a renewed Motion for Judgment as a Matter of Law be filed?
Within 28 days of entry of judgment.
What are the grounds for a Motion for New Trial?
- Against the great weight of the evidence
- Excessive damages
- Procedural error or misconduct
- Newly discovered evidence
What is a Motion for Relief from Judgment?
A request to undo or set aside a judgment.
What is the time limit for filing a Motion for Relief from Judgment based on mistake, new evidence, or fraud?
Must be made within 1 year from final judgment.
What are the six grounds for a Motion for Relief from Judgment?
- Mistake, inadvertence, or excusable neglect
- Newly discovered evidence
- Fraud, misrepresentation, or misconduct by a party
- Judgment is void
- Judgment has been satisfied
- Any other reason that justifies relief
What is the appellate jurisdiction for federal circuit courts?
Can only hear appeals seeking review of final judgments.
What is an exception to the final judgment rule?
Order pertaining to preliminary injunctive relief.
What is the standard of review for questions of law in appeals?
Reviewed de novo.
What is the standard of review for questions of fact in appeals?
Affirm unless clearly erroneous.
What is the harmless error rule?
May affirm if there was an error but it did not affect the result.
What is the time frame for filing a notice of appeal?
Within 30 days of the judgment.
What is the time frame for appealing class certification?
Only has 14 days.
What is the time frame for an appellant to file a notice of appeal after a judgment?
30 days from the judgment
An exception exists for class certification appeals, which allow only 14 days.
What happens if a post-trial motion is denied?
A new 30-day period begins from the date of the denial
This applies to renewed motions for JML, new trial, or relief from judgment.
What occurs if a motion for new trial or relief from judgment is granted?
The judgment is no longer final and no appeal is permissible unless certified as a collateral order.
Define Claim Preclusion (Res Judicata).
Bars claimants from relitigating a case they already lost.
What are the elements of Claim Preclusion?
- Same Parties
- Same T/O
- Valid Final Judgment on the Merits
What constitutes a ‘Final Judgment’?
A court order that resolves the entire case in favor of either the plaintiff or the defendant.
What is required for a judgment to be considered ‘Valid’?
The court had PJ over the defendant.
What does ‘on the merits’ mean in the context of a judgment?
Involved an inquiry into the merits of the plaintiff’s claim.
When is a judgment not considered to be ‘on the merits’?
If it’s a dismissal for lack of PJ, SMJ, or venue.
What is a dismissal with prejudice?
It is considered on the merits.
What is the relationship between Claim Preclusion and Compulsory Counterclaim Rule?
If the defendant fails to bring a compulsory counterclaim in the first suit, they are precluded from filing it as a plaintiff in a later suit.
Define Issue Preclusion (Collateral Estoppel).
Bars re-litigation of issues even with different parties.
What are the elements of Issue Preclusion?
- The issue must have been litigated and determined in the prior suit
- The issue must have been essential to the judgment
What does it mean for an issue to be ‘essential’?
If decided the opposite way, it would have changed the result of the case.
Provide an example of Issue Preclusion.
P sought a document that D claimed was privileged. P lost, and in a later suit, D claimed the same privilege. The first court’s determination did not affect the second suit.
What is required for the prior suit in relation to Issue Preclusion?
The prior suit must have ended in a judgment on the merits.
What opportunity must the party against whom preclusion is asserted have had?
A full and fair opportunity to litigate the issue in the first suit.
Why are special verdicts important in the context of Issue Preclusion?
They explicitly define the issue and its essentiality to the judgment.
True or False: Courts are generally skeptical of issue preclusion.
True
Courts examine the defendant’s incentive to litigate the issues in the first suit closely.
