MEE Civil Procedure Flashcards
How can subject-matter jurisdiction be established through diversity jurisdiction?
Subject-matter jurisdiction can be established through diversity jurisdiction, when generally requires that all opposing parties be citizens of different states and an amount in controversy that exceeds $75,000.
How is diversity generally determined in a class action brought pursuant to Rule 23?
How is diversity determined for class actions in which the amount at issue totals more than $5,000,000?
Diversity in a class action brought pursuant to Rule 23 will generally be determined by the citizenship of the named members of the class bringing the lawsuit. (complete diversity requirement)
However, for class actions in which the amount in controversy totals more than $5M, diversity will be met if any member of the plaintiff class is diverse with any defendant. (minimal diversity requirement).
Where is a corporation a citizen?
A corporation is deemed to be a citizen of every state in which it has been incorporated and of the state where it has its principal place of business.
Where is a corporation’s principal place of business?
A corporation’s principal place of business is generally its corporate headquarters (i.e., its nerve center).
Where is an individual a citizen?
An individual is a citizen of the state in which the individual is domiciled, which is where the individual is present and intends to reside for an indefinite period.
When an action is commenced in U.S. district court, what must the court determine?
When an action is commenced in U.S. district court, the court must determine the substantive law and rules of procedure that will govern the action.
In a diversity action, if there is no federal substantive law on point, what law must the district court apply?
In a diversity action, the district court is required to apply state substantive law, if there is no federal law on point.
In a diversity action, if a procedural issue is addressed by a valid federal law, but a state rule or statute is in conflict, what procedural rule is applied?
With regard to procedure in a diversity action, if a procedural issue is addressed by a valid federal law, such as a statute, then the federal law will be applied, even if a state rule or statute is in conflict.
Can class actions be maintained in federal court if there is a state law barring class actions to enforce statutory damages claims?
Class actions can be maintained in federal court, despite a state law barring class actions to enforce statutory damages claims, if the action is authorized by Rule 23.
What are the requirements of a Rule 23 class action?
Rule 23(a) establishes four requirements for representative members of a class to sue or be sued on behalf of all members of the class: (i) the class must be so numerous that joinder of all members is impracticable; (ii) there must be questions of law or fact that are common to the class (commonality); (iii) the claims or defenses of the representatives must be typical of the class (typicality); and (iv) the representatives must fairly and adequately protect the interests of the class (adequacy).
When does a plaintiff have standing to bring a case in federal court?
A federal court cannot decide a case unless the plaintiff has standing to bring it. To have standing, a plaintiff bears the burden of establishing three elements: (i) injury in fact; (ii) the injury was fairly traceable to the challenged action (causation); and (iii) the relief requested must prevent or redress the injury.
**Standing requires a concrete and particularized injury, even in the context of statutory violation. The injury need not be physical or economic. An injury such as the invasion of privacy may be a sufficiently concrete injury even when extensive damages cannot be proved.
What are the standard for filing Rule 11 motion for sanctions?
Rule Statements - 2 PARTS:
Rule 11 establishes the standards that attorneys and individual parties must meet when filing pleadings, motions, or other papers, and provides sanctions for violation of the rule.
(Contents): Under Rule 11(a), every pleading, written motion, other paper filed with the court must be signed by at least one attorney of records, or by a party personally if unrepresented.
Under Rule 11(b), by presenting to the court a pleading, written motion, or other paper, the signing attorney or unrepresented party certifies that to the best of her knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (i) the paper is not being presented for an improper purpose; (ii) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (iii) the factual contentions have evidentiary support or, if specifically so identified will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; (iv) the denials of factual contention are warranted on the evidence, or if specifically so identified, are reasonably based on belief or a lack of information.
(Process): A motion for sanctions must be made separately from any other motion and must describe the specific conduct alleged to violate Rule 11. The motion must first be served on the opposing party under Rule 5. The opposing party must then be given 21 days to withdraw or correct the challenged pleading. If this 21-day “safe harbor” period passes, and the opposing party fails to correct the pleading, the party seeking sanctions may file the motion with the court.
Whether the court may impose nonmonetary directives, payment of penalties to the court, or attorney’s fees as appropriate sanctions.
General Rule: Under certain circumstances, after notice and a reasonable opportunity to respond, the court may, in its own discretion, impose sanctions on attorneys, law firms, and parties for violations of Rule 11.
Standard: These sanctions are limited to what will deter future misconduct. Sanctions may include nonmonetary directives or an order to pay a penalty into court. If sanctions are imposed on motion and warranted for effective deterrence, an order directing payment to the movant for reasonable attorney’s fees and other expenses directly resulting from the violation may be appropriate.
Whether attorney’s law firm and the defendants are jointly responsible for the attorney’s violation and subject to sanctions.
Rule: Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee. The court also is not permitted to impose a monetary sanction against a represented party for violating the requirement that the legal contentions of the paper be warranted by existing law or by a nonfrivolous argument.
