MEE Essentials: CIV PRO Flashcards
Two types of PJ, and when do they apply?
1) GENERAL (presence/consent/domicile, rare)
2) SPECIFIC (as related to case, more common)
Opening sentence for essay with case in federal court PJ
Federal courts may exercise personal jurisdiction to the same extent as the courts of general jurisdiction in the state in which the district court sits.
Opening sentences for essay about specific jurisdiction
1) basis for jdx
2) test for jdx
State courts of general jurisdiction may exercise personal jurisdiction over nonresident defendants to the extent authorized by both the state’s long-arm statute and by the Due Process Clause of the Fourteenth Amendment of the US Constitution.
The Due Process Clause permits states to assert personal jurisdiction over nonresident defendants who have established minimum contacts with the state such that exercise of personal jurisdiction would not offend traditional notions of fair play and substantial justice, and that a party has purposefully availed itself of the forum state.
Federal question jdx rule statement
For a district court to exercise federal question jurisdiction, the complaint must arise under federal law, and the federal law question must appear on the face of the well-pleaded complaint, and not merely in an anticipated answer or defense to the complaint.
Where is a person domiciled?
Where she has a permanent home, intends to remain indefinitely, or intends to return after being temporarily absent.
Supplemental jdx: definition and when can it be used?
When there is jdx basis for one claim and not the other, even though court only has jdx over first claim, can extend when it arises from same set of transactions or occurrences.
BUT cannot apply to add claim against non-diverse party when sole basis for SMJ is diversity–must be other subject matter similarity
Can D remove action to federal court?
Yes, in same area as state court, but only if P could have originally brought the case in federal court and home state advantage rule does not apply
Where is venue proper?
1) Where any D resides, when all Ds reside in same state
2) Where substantial part of events or omissions giving rise to claim occurred
3) Substantial part of property related to case is located
Where does corporate D reside?
In ANY judicial district where it is subject to PJ
To determine where he resides, divide state into districts and see if D would be subject to PJ in any of those districts
Forum non-conveniens
Federal courts may transfer a case to another judicial district for convenience of parties and witnesses AND in interest of justice.
New jdx must have PJ + SMJ
When case is transferred for convenience, which court’s laws apply?
Court will apply the law of the TRANSFEROR FORUM
(Exception: if initial forum was wrong and lacked jdx, law of transferee court applies)
Summary judgment rule statement
Federal Rule of Procedure 56(a) allows a summary judgment motion to be granted when there is no genuine dispute as to any material fact, and the moving party is entitled to judgment as a matter of law.
Summary judgment supporting documents rule statement
A motion for summary judgment may be supported by depositions, documents, affidavits or declarations, stipulations, admissions, interrogatory answers, and other materials.
Summary judgment movant v. nonmovant rule statement
The moving party must produce evidence to show that there is no genuine issue of material fact, and the burden then shifts to the nonmoving party to produce evidence showing that there is a genuine issue of material fact for trial. The motion is looked at in the light most favorable to the nonmoving party.
TRO rule statement
A TRO can be issued without notice to the adverse party, but only in limited circumstances for limited time. The plaintiff must show immediate and irreparable injury, and the TRO lasts only as long as the court needs to consider and resolve a request, but not longer than 14 days (unless the court extends it for good cause or the adverse party consents to an extension).
TRO as stopgap rule statement
TROs are considered to be stopgap measures and last until the court decides whether to grant a preliminary injunction.
Preliminary injunction definition
Preliminary injunction is equitable relief with the objective of preserving the status quo, and requires that the matter be tried within six months of granting unless the parties stipulate or good cause is shown.
Must a court give notice to adverse party for preliminary injunction?
YES
Four factors for preliminary injunctions
HELP
1) Harm: significance of harm to P
2) Evaluation of injuries: threat of irreparable harm to P
3) Likelihood of prevailing: probability that P will succeed on merits
4) Public interest
Work product rule statement
Work product is any material prepared in anticipation of litigation. Written statements given by witnesses may be discoverable when they are considered work product only if the other party can show substantial need and undue hardship. However, an attorney’s mental impressions are never discoverable.
When are final orders appealable?
When there are multiple parties and multiple claims with some still pending
Appealability of final v. non-final judgments: Rule statements
Final judgments are generally appealable, while non-final judgments are generally not appealable. However, certain exceptions exist to permit the appealability of non-final judgments.
Exceptions: appealable non-final judgments (mnemonic)
In Certain Circumstances, An Appeal Can Be Made Prematurely
1) Injunction (grant/denial)
2) Certification by district court
3) Class action certification
4) Appointment of receiver
5) Admiralty case
6) Collateral-order doctrine
7) Bankruptcy cases
8) Mandamus (petition for writ)
9) Patent infringement order (accounting)
Claim preclusion rule statement
A claim that has been litigated to a final judgment on the merits cannot be relitigated by the parties or their privies.
Issue preclusion rule statement
Issues that were actually litigated and decided and essential to the judgment in a previous case cannot be litigated again.
Test for issue preclusion
Soft Asses Are Necessary
1) Same Issue
2) Actually Litigated
3) Actually Decided
4) Necessary to the court’s judgment
When these standards are met, issue is precluded
Test for claim preclusion
Soft Serve’s Freaking Outstanding
1) Same Claim
2) Same Parties
3) Final Judgment
4) On the Merits
When these standards are met, claim is precluded
