Mixed Civil Procedure Flashcards
The amount in controversy required for subject matter jurisdiction does not include what type of damages?
Punitive damages
Which Amendment provides the right to a civil jury trial?
The 7th Amendment
When must a jury trial be requested?
No later than 14 days after the last pleading directed to the issue is served.
How can personal jurisdiction be found based upon minimum contacts?
- Party has systematic and continuous contact with forum state, then any claims can be brought against the party
Or
- Party has isolated contacts purposefully directed at the forum, then only claims specific to those contacts can be brought against the party.
What are the border search requirements?
Routine searches require neither reasonable suspicion, probable cause, nor a warrant.
A civil action may be brought in what venue?
- If a defendant lives in the same state, then any district a defendant resides in
- A district in which a substantial part of the events occurred or where property is located
Or
- Any judicial district where the parties consent to venue.
If a complaint alleges fraud, what does the complaint need to contain?
The time, place, and nature of the misrepresentations must be disclosed. If not, then the claim must be dismissed.
More Info: Complaint Requirements - Fraud
What is the procedural law followed in diversity cases?
Federal Procedural Rules
What is the substantive law followed in diversity cases?
State substantive law when there is no controlling Federal statute.
More Info: Substantive law in Diversity cases
What is the deadline for a diversity case to be removed to Federal court?
30 days after a party or claim is added. It cannot be greater than one year after original commencement of the action (unless bad faith destroyed diversity to prevent removal).
When can you aggregate claims in a diversity suit?
As long as the claims are against the same defendant and they are not punitive.
Which affirmative defenses must be in a pleading or else they will be waived?
- Assumption of risk
- Contributory negligence
- Duress
- Failure of consideration
- Fraud
- Illegality
- Statute of frauds
- Statute of limitations.
What is the standard for forum non conveniens?
The court, at its discretion, can refuse to take jurisdiction over matters when there is a more appropriate forum available to the parties.
Differentiate:
Preliminary Injunction v. Temporary Restraining Order
Preliminary Injunctions occur after a hearing and last until completion of the trial.
Temporary Restraining Orders occur when a party convinces the judge that immediate irreparable harm will occur if not issued. Mo hearing is required, and they only lasts 14 days.
When will new evidence allow for a new trial or a verdict to be set aside?
When the evidence could not have been discovered before by reasonable diligence.
