Overview Flashcards
Choosing a Court
Subject Matter Jurisdiction = Power of a Federal Court to adjudicate a case
Personal Jurisdiction
Subject Matter Jurisdiction
Power of a Federal Court to adjudicate a case
Diversity Jurisdiction
Complete Diversity
Change of Citizenship
Corporate Citizenship
Jurisdictional Amount (diversity jurisdiction)
Federal Question Jurisdiction
Well-Pleaded Complaint Rule
Creation Test
Important federal question
Grable exception
Supplemental Jurisdiction
Circumventing diversity
Jurisdictional amount (supplemental jurisdiction)
Removal jurisdiction
Federal Question removal
Diversity jurisdiction removal
Personal Jurisdiction
Specific jurisdiction
Purposeful Contacts
relatedness, reasonableness factors
General jurisdiction
Continuous & systematic contacts
In Rem jurisdiction
Transient jurisdiction
Due Process requirement of notice
Venue
Erie Doctrine
Twin aims of Erie
Forum Shopping
Inequitable administration of the laws
Byrd balancing
Federal Rules of Civil Procedure conflicting with state law
Indisputable conflict
Validity of federal rule
Pleadings, Motions, and Discovery
Complaint
Plausible claim for relief
Factual allegations
Response
Pre answer motion 12b
Waiver 12g and h
Answer
Amendments
Claims and Parties
Permissive Joinder
Counter-claims
Cross-claims
Impleader
other Rule 14 claims
Supplemental jurisdiction (28 USC 1367)
Work Product
Documents and tangible things
By party or agent of party
in anticipation of litigation
substantial need and inability to acquire an equivalent
Discovery devices
E-Discovery
Methods of discovery
Summary Judgements
No genuine issue of material fact
Judgement as a matter of law
Right to Jury Trial
Preclusion Rules
Claim preclusion
same claim
privity
issue preclusion
non-mutual issue preclusion