Overview Flashcards
types of personal jurisdiction
- in personam
- in rem
- quasi in rem
in personam
forum has personal jurisdiction over defendant
in rem
forum has power to adjudicate rights of all persons to a particular item of property; defendant not personally bound
quasi in rem (two types)
quasi in rem type I - court ajudicates rights of parties in property based on property being in the forum; a close connection between the case and the property provides minimum contacts
quasi in rem type 2 - court attaches property to bring defendant into forum on unrelated claim; defendant must have minimum contacts with forum
statutory limitations on personal jurisdiction
federal court has to analyze PJ like it were a court in the state where it is located.
most, if not all, states authorize jurisdiction over defendant who:
- is present in forum state and personally served with process there
- is domiciled in forum state
- conducts systematic and continuous business in the state such that the defendant is essentially at home there
- consents to jurisdiction or
- commits an act covered by the long arm statute
constitutional limitations on personal jurisdiction
modern due process standard is about contact and fairness.
Minimum Contacts
Defendant has to have such minimum contacts with the forum state such that exercise of PJ over him is reasonable and fair.
Ask: Did the defendant purposefully avail himself of the benefits and protections of state law and whether he could have anticipated being brought into state court.
notice also required for PJ
- traditional personal service methods will satisfy notice requirements
- requirement that agent notify defendant
- requirement for cases involving multiple or unknown parties
Subject matter jurisdiction in federal courts
- diversity of citizenship jurisdiction
- federal question jurisdiction
diversity of citizenship jurisdiction
- complete diversity
- jurisdictional amount in excess of 75,000
- erie doctrine
- exceptions to diversity doctrine
- multiparty, multiforum trial jurisdiction act
federal question jurisdiction
- federal question must appear in complaint
- implied federal right of action possible
- supplemental jurisdiction
- specific statutory grants of exclusive federal jurisdiction
What is complete diversity?
every defendamt must be of diverse state citizenship from each plaintiff - this is “complete diversity”
When must you have complete diversity?
when action commenced
Exception: interpleader
what is alienage jurisdiction?
citizen of US state and foreign citizen
indiividual citizenship
domicile (physical presence and intent)
corporation citizenship
every state where incorporated and the one state with PPB
unincorporated associations and LLCS citizenship
citizenship of its members
legal representatives citizenship
domicile of the represented person
class action citizenship
domicile of the named members
nonresident US citizens
no citizen of any state and not an alien
aggregation
- one P may aggregate claims against single D
- one P may NOT aggregate SEPARATE claims against several Ds
- one P may sue several Ds on a joint liability claim if it exceeds 75,000
- several Ps may aggregate claims against one D if seeking to enforce single title or right
counterclaims
- compulsory counterclaim may invoke supplemental jurisdiction
- permissive counterclaim needs original jurisdiction
- citizenship generally not an issue
Supplemental jurisdiction under FQ
a. pendant claims - federal courts CAN hear a state law claim arising from a common nucleus of operative fact
b. pendant parties - MUST be common nucleus of operative fact
General Venue Rules
Venue is usually proper in federal district where any defendant resides (if all the defendant are in the same state). Also where a substantial part of the events happened, or where a substantial part of property situated
Fallback provision of the general venue rule
If no district satisfies above, venue proper where any defendant is subject to court’s PJ
can venue be waived?
Yes
Residence for Venue purposes
individuals - domicile
business entities - where subject to court’s PJ
nonresidents - any judicial district
transfer of venue original venue proper
transfer for convenience to venue where case might have been brought or to venue to which parties consent
original venue wrong transfer
transfer to venue where case could have been brought to correct error
applicable law original venue proper transfer
When a transfer is based on convenience grounds we carry the law of the transferor court to the transferee court unless the transfer was ordered to enforce a forum selection clause
applicable law original venue improper
law of transferee court applies
What is removal
D can remove an action that could have originally been brought to federal court.
requirements for removal
- original jurisdiction
- state court need not have had jurisdiction
- only Ds can remove
- venue - federal district where state action was filed
diversity jurisdiction removal
- dismissal of nondiverse party can allow removal
- case cannot be removed based only on diversity if a defendant is a forum state citizen
- case cannot be removed based solely on diversity more than one year after case was filed unless D can show P acted in bad faith and stopped removal
FQ jurisdiction removal
- having a federal defense is insufficient
- entire case is removed
- state law claims may be severed and remanded to state court.
removal procedure
- time - 30 days
- remand to state court if no federal subject matter jurisdiction
injunctions against state court proceedings
- federal court generally may not enjoin pending state proceedings
- threatened state criminal proceedings - to prevent clear and imminent harm that cannot be remedied with a criminal appeal
service of process
personal service, abode service, service on agent; also state rules and waiver of service by mail
what do interlocutory injunctions do?
maintain status quo until trial.
preliminary injunctions
require notice
substantive requirements of interlocutory injunctions
irreparable harm, harm to party seeking injunction outweighs harm to party to be bound, likelihood of success on the merits, public interest factors
temporary restraining orders
necessary to prevent irreparable injury
pleadings
- complaint
- pre-answer motions
- answer
- special pleading
- reply by plaintiff generally not required
- amendment of pleading and supplemental pleadings
- rule 11
What is an answer?
specific or general denials by defendant
Rule 11
a. attorney certifies proper purpose upon presenting paper to court
b. sanctions - judge has discretion limited by deterrence factor
joinder
- compulsory joinder
- permissive joinder
- joinder of claims
- intervention
- impleader
- cross-claims
if ansentee can’t be joined, court must consider whether to proceed without absentee looking at:
- prejudice to absentee and parties
- whether judgment can be shaped to avoid prejudice
- adequacy of judgment without absentee
- whether another forum can hear entire case
permissive joinder
arises out of same occurrence and transaction and common question of law or fact
Class Action Fairness Act
- Federal jurisdiction if:
- any member of the plaintiff class is of diverse state citizenship from any defendant
- aggregated amount in controversy exceeds 5 million
- 100 members to the class - local considerations may defeat jurisdiction
interpleader
- to avoid double liability
- mnemonic: Rule 22 interpleader must follow the regular rules; statutory interpleader has special, simple standards
types of disclosure required without discovery request
- initial disclosures
- disclosure of expert testimony
- pretrial disclosures
scope of disclosure/discovery (in general any relevant nonprivileged matter that is proportional to the needs of the case
a. trial preparation materials
b. experts
c. protective orders may limit or end discovery if abused
subject to the rules of evidence, depositions can be used:
- to impeach the witness
- for dead, unavailable or absent witness
- for any purpose if deponent is the adverse party
pretrial conferences
- rule 27(f) conference of parties - planning for discovery
- Rule 16(b) scheduling conference
- sanctions for failure to attend, obey an order, etc.
jury trial problems
a. right to jury trial (7th amend)
b. jury size at least 6 no more than 12
c. jury instructions - objections must be made before jury retires
d. jury verdicts - general (for plaintiff or defendant and amount of damages) or specific (jury makes findings on material issues of fact)
summary judgment
if no genuine dispute of material fact, party entitled to judgment as a matter of law (no trial is necessary)
judgment as a matter of law (JMOL - directed verdict)
a. evidence is looked at in the light best for the nonmoving person
b. don’t consider witness credibility
c. standard - the evidence shows a reasonable jury would not have a legally sufficient reason to find for the party on that particular issue
renewed motion for judgment as a matter of law (aka JNOV)
same standards as JMOL
motion for new trial - some error occurred
if made with renewed motion for judgment as a matter of law, and renewed motion is granted, judge must rule hypothetically on new trial motion
party waives “sufficiency of the evidence” argument on appeal if:
… he fails to make a renewed motion for judgment as a matter of law or for a new trial
time for appeals?
generally 30 days
claim preclusion (res judicata)
a final judgment on the merits bars claimant from asserting same claim in later action
issue preclusion (collateral estoppel)
a judgment binds parties (or their privies) in subsequent actions between them as to issues actually litigated and essential to judgment in first action
who is bound by judgment?
- parties and their privies are bound
- mutuality rules
If the moving party for summary judgment submits an affidavit or other evidence in support…
…the responding party also must submit an affidavit or report to counter with their own evidence.
For claim preclusion to apply there must have been:
- valid, final judgment
- BOTH parties must be the same
- new action must involve the same cause of action
For issue preclusion to apply:
- issues in both actions the same
- there has been a final judgment to that issue
- party against whom estoppel is made had a fair opportunity to be heard
- it would not be unfair to apply collateral estoppel
Do settlements have an issue preclusive effect?
No.
If the moving party for summary judgment submits an affidavit or other evidence in support…
…the responding party also must submit an affidavit or report to counter with their own evidence.
For issue preclusion to apply:
- issues in both actions the same
- there has been a final judgment to that issue
- party against whom estoppel is made had a fair opportunity to be heard
- it would not be unfair to apply collateral estoppel
Do settlements have an issue preclusive effect?
No.
For claim preclusion to apply there must have been:
- valid, final judgment
- BOTH parties must be the same
- new action must involve the same cause of action
If the moving party for summary judgment submits an affidavit or other evidence in support…
…the responding party also must submit an affidavit or report to counter with their own evidence.
For claim preclusion to apply there must have been:
- valid, final judgment
- BOTH parties must be the same
- new action must involve the same cause of action
Do settlements have an issue preclusive effect?
No.
For issue preclusion to apply:
- issues in both actions the same
- there has been a final judgment to that issue
- party against whom estoppel is made had a fair opportunity to be heard
- it would not be unfair to apply collateral estoppel
As a general rule, a judgment from a federal district court can be enforced:
30 days after it is entered.
Generally, the right to a jury trial is deemed waived if a party fails to demand a jury trial within 14 days after the service of the last pleading in which the jury-triable issue is addressed.
The Supreme Court has held that, in the absence of compelling reasons to the contrary, a court should _______ if the issue is _______.
grant relief from the waiver; normally tried by a jury
If a case filed in state court contains a claim that would arise under federal law, and it is joined with state law claims that do not invoke diversity or supplemental jurisdiction, what portion of the case (if any) can be removed to federal court?
the entire case
Intervention is __________ when the intervenor’s action and the main action have a claim or defense involving a common question of law or fact.
permitted in the court’s discretion
If a case involving multiple defendants is removed to federal court on the basis of a federal question being presented, and some of the defendants have only state law claims that cannot invoke diversity or supplemental jurisdiction, who must join in the removal?
only those defendants against whom a federal claim is asserted
Generally, discovery can be had of any matter not privileged that is:
relevant to the claim or defense of any party, including the identity of persons having knowledge of relevant facts.
The costs of discovery and the needs of the case also will be considered.
Work produce of lawyers and other made in anticipation of litigation is discoverable only on
a showing of substantial need and to avoid undue hardship in obtaining the material from other sources.
on a showing of good cause, the court could order disclosure of any information that is:
relevant to the subject matter of the current litigation.
What is a compulsory counterclaim?
If a counterclaim arises out of the same transaction or occurrence as one of the plaintiff’s claims, it is a compulsory counterclaim and must be pleaded or the party will be barred from bringing it in a later action.
Any other counterclaim is permissive and may be asserted even though there is no connection between it and the plaintiff’s claim.
How long is a TRO valid?
14 days.
What is the burden on the claimant for proving an ineffective assistance of counsel claim?
Reasonable probability.
What is the time limit to file a motion for relief from judgment to correct clerical mistakes?
There is no time limit, and the court order correcting the error dates back tot he time judgment was entered.
