MBE Federal Civ Pro Flashcards
Bar Prep
Subject Matter Jurisdiction
A Courts competence to hear and determine cases of general class and subject to which proceedings in question belong
Federal Question
District Courts have jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the US.
Including Sec. and Exchange Act cases, patent, trademark, copyright, bankruptcy, maritime(?)
Concurrent/Exclusive Jurisdiction
State Courts and Federal Courts have concurrent Jurisdiction of FQ claim, except when Congress expressly provides that Jurisdiction of the Federal Courts is exclusive
Scope of FQ (Express)
Federal Question exists if the COA in question is expressly created by Federal Law and Federal Law provides the underlying right
Scope of FQ (Implied)
Federal Question is likely to be found if right is created by Federal Law, and a COA can be fairly implied and was intended by Congress
Scope of FQ when not Express/Implied
The Complaint must involve REAL and SUBSTANTIAL issue of Federal Law and its determination must necessarily depend on resolution of a Federal Issue
Well Pleaded Complaint (Motley)
FQ exists ONLY when Federal Issue is presented on the face of the Complaint.
Must be FQ involved in the Plaintiffs COA and not the Plaintiffs defenses or answers to counterclaims.
Diversity Jurisdiction SMJ
Federal Courts have Jurisdiction when parties are:
1. Citizens of Different States (or citizens of a state and citizens of a foreign state) 2. AIC exceeds $75,000
Complete Diversity
There MUST be Complete Diversity for Diversity Juris. SMJ.
There is NO diversity if ANY Plaintiffs a citizen of the same state or citizen of the same foreign country as ANY Defendant in the case.
Citizenship
Citizenship for Individuals is DOMICILE.
Citizenship for Corporations is STATE OF INCORPORATION and PRINCIPAL PLACE OF BUSINESS
Domicile
- The State in which an individual is PRESENT and INTENDS to reside for an INDEFINITE PERIOD;
- Determined when the ACTION IS COMMENCED (it can change after the action is commenced and it won’t affect Diversity)
A person can only have 1 Domicile
Citizenship of Corporations
Corporation Citizenship is determined by BOTH:
1. State of Incorporation
2. Principal Place of Business
NerveCenter from which the high-level officers direct, control and coordinate the activities of the Corporation
A Corporation can have Citizenship in 2 different States
Citizenship of Partnerships
An Unincorporated Association (A Partnership) is considered a citizen of EVERY STATE in which EACH of its Members is Domiciled.
A Partnership can be a citizen of all 50 states
Factors to Consider for Domicile
Factors include:
- exercising civil and political rights
- registering to vote
- paying taxes
- owning real and personal property
- employment in a state
- intent to remain doesn’t have to do with duration in a location.
Creating/Destroying Diversity
- Assignment of Claims
- Failure to name an Indispensable Party
- Voluntary change of Citizenship
- Replacement of Parties
Standard of Proof for AIC
The Plaintiff’s GOOD FAITH assertion in the Complaint is sufficient for the AIC, unless there is a Legal Certainty that Plaintiff cannot recover alleged amount
Aggregation of Claims
Permitted when there are
1. Multiple Plaintiffs
- Common/Undivided Interests
- Enforcing a single title or right
2. Single Plaintiffs
- The TOTAL value of the Plaintiffs claims are calculated to determine the AIC
AIC for Counterclaims
Permissive Counterclaim –> AIC must be met
Compulsory Counterclaim –> NO AIC NEDDED
Supplemental Jurisdiction
Fed. Ct with Jurisdiction MAY exercise Supplement Juris. over:
1. Additional claims where the Ct would not independently have SMJ
(typically State Law claims w/ Non-diverse Defendants),
2. That arose out of a CNOF - COMMON NUCLEUS OF OPERATIVE FACT
3. Sop that all claims should be tried in a SINGLE PROCEEDING
Supplemental Jurisdiction for FQ
Additional Claims against the SAME PARTY can be heard through Supp. Juris id the CNOF Test is met.
- CNOF Test - if the claim arises out of the same common nucleus of operative facts
Supp. Juris for Diversity Juris. - PERMISSIVE JOINDER
Supp. Juris. for Permissive Joinder:
- Addition of a Plaintiff asserting an additional claim
CANNOT VIOLATE
- Complete Diversity Rule
Doesn’t need the AIC either
Supp. Juris for Diversity Juris. - COUNTERCLAIMS
Supp. Juris. for Counterclaims:
Compulsory Counterclaims -
DO NOT NEED:
1. AIC
BUT NEED
2. Complete Diversity
Permissive Counterclaims -
NEED BOTH:
1. AIC and
2. Complete Diversity
Supp. Juris. for Diversity Juris. - CROSSCLAIMS
Supp. Juris. for Crossclaims:
- May be asserted by a Defendant against another Defendant/Plaintiff against another Plaintiff if:
- Cross-claim arises out of the SAME TRANSACTION OR OCCURRENCE as the Initial Claim
- No AIC or Citizenship Necessary IF Ct has SMJ.
Removal
Removal is when the Defendant removes a case from the State Ct to Fed. Ct that has SMJ.
ONLY the Defendant can’t remove a case.
Removal must be to the Fed. District Ct. in the State where the State Ct is pending
Removal to the wrong District Ct. is subject to a Motion to Remand (back to State Ct.) or Transfer to the proper Fed. Ct.
Removal based on Diversity Jurisdiction
Claim may be removed only if No Defendant is a Citizen of the State in which the Action was Filed.
If multiple Defendants, All Def. must agree to the Removal
Removal based on Fed. Question
If FQ claims are joined with claims that aren’t independently removable, the entire case may be removed.
Notice of Removal
Defendant MUST:
-File Notice within 30 DAYS after the Defendant gets service or receives the initial Pleading
Removal based on Diversity CANNOT occur more than ONE YEAR after the action is commenced (unless Plaintiff acted in Bad Faith
