MEE Flashcards
Affirmative Defenses in Original Answer:
A statute of limitations defense is an affirmative defense that if proven by the party raising it will bar the claim against it.
Certain affirmative defenses, such as a statute of limitations defense, must be raised in the defendant’s original answer, otherwise they will waive this defense altogether.
Motion to Dismiss:
Affirmative defenses must be raised in the defendant’s answer and a motion to dismiss, or in a pre-answer motion to dismiss, depending on the defense used.
Motion to Summary Judgment:
Summary judgment motions can be raised after the Defendant’s answer and before 30 days after the close of discovery.
A motion for summary judgment will be granted if, in viewing the motion in the light most favorable to the non-moving party, the court finds that there is no genuine issue of material fact, and the moving party is entitled to a judgment as a matter of law.
A judgment as a matter of law is granted if, in viewing the case in the light most favorable to the non-moving party, a reasonable jury could not have a legally sufficient basis to find for the non-moving party.
Subject Matter Jurisdiction:
For every case before a federal court, the court must have subject matter jurisdiction in the form of: (1) federal question jurisdiction, (2) diversity jurisdiction, or (3) supplementary jurisdiction.
Federal question jurisdiction requires that, under the well-pleaded complaint rule, the Plaintiff pleads a cause of action arising under federal statute, regulation, or constitution.
Diversity jurisdiction is available if the citizenship of all the parties on either side of the litigation is completely diverse and the amount in controversy in the case exceeds $75,000.
For individuals, citizenship is based on domicile.
For corporations, citizenship is based on their state of incorporation and the state where their principal place of business is located.
For non-incorporated business (LLC), citizenship is based on where any of its member are domiciled.
Supplemental jurisdiction allows federal courts to hear additional claims that do not independently meet the criteria for federal jurisdiction, provided these claims are related to a claim that does meet federal jurisdiction requirements.
Lack of subject matter jurisdiction can be raised at any time by any party, including the court, even on appeal.
Impleader:
A defendant may join another party as a third party defendant to seek indemnification or contribution.
Such claims must arise from the same transaction or occurrence or present at least one common question.
However, such claims require the court to have subject matter jurisdiction over the third party defendant.
Personal Jurisdiction:
Personal jurisdiction refers to the court’s ability to assert jurisdiction over a defendant and it can either be general or specific.
General jurisdiction requires that defendants contacts with the forum state be so continuous and systematic that they are considered at home in the forum state.
Specific jurisdiction requires that the defendant has sufficient minimum contact with the forum state. The defendant purposefully avails itself to the forum state so that it is foreseeable that it could be sued in the forum state and being sued in that forum does not violate fair play and substantial justice.
Exception to Final Judgment:
For there to be an appeal, a final judgement on the merits of the case is required.
However, some claims can be appealed if they have not reached final judgment on the merits.
Those claims are: (1) the issues to be appealed are separable from the issues of the case, (2) the party’s interest may be substantially impaired if not resolved, and (3) there is no reason for delay.
Joinder of Parties:
A party is a necessary party to an action from which they are absent if:
(1) the absent party’s interests would be harmed if not joined
(2) failure to join the absent party would cause multiple litigation for the parties
(3) failure to join the absent party would prevent the court from awarding complete relief
Indispensable Party - Cannot Be Joined:
If a required party cannot be joined, then the party is considered indispensable. A federal court must weigh fairness factors to determine if the case should be dismissed altogether.
Some of the factors include:
(a) risk of prejudice the parties may face without joinder
(b) whether that prejudice can be reduced
(c) risk of harm that the absent party may face
(d) if the case is dismissed, whether plaintiff will have adequate remedy
MEE EXAMPLE: “Here, ____ is a necessary party in this action because if ____ is not joined, ____, as well as the other parties may face prejudice or risk of inconsistent obligations and liabilities. If the court were to dismiss the case, ____ would still have alternative judicial venues where it can bring an action. Risk of prejudice that the parties will face is minimal compared to the risk of harm/injury for not joining ____. “
Personal Jurisdiction - Test:
Personal jurisdiction refers to the court’s ability to assert jurisdiction over a defendant and it can either be general or specific.
To determine whether a court has personal jurisdiction over a party, there must be: (a) statutory basis, and (b) constitutional due process.
There must be a statutory basis for the court’s power, such as a state long-arm statute. The exercise of jurisdiction must comply with constitutional due process requirements.
The constitutional test for personal jurisdiction is the “sufficient minimum contacts” test. The test has two main parts:
(a) minimum contacts (defendant must have sufficient minimum contacts with the forum state such that they could reasonably expect to be sued there)
(b) reasonableness (exercise of jurisdiction must be reasonable and not offend “traditional notions of fair play and substantial justice”).
MEE EXAMPLE: “Here, we have to determine if the ____ had sufficient minimum contacts with State ____ by determining if the (person): (a) purposefully availed herself of the forum’s law and (b) whether it was foreseeable.”
Specific jurisdiction exists where the claim arises from the contact with the forum
state. General jurisdiction exists where the party is at home. A party is at home (an individual) where he/she is domiciled.
