Rules Flashcards
Rule 12(b): Dismissal
A defendant may motion for dismissal on the grounds of
1. Lack of subject-matter jurisdiction
2. Lack of personal jurisdiction
3. Improper venue
4. Insufficient process
5. Insufficient service of process
6. Failure to state a claim upon which relief can be granted
7. Failure to join a party
§1391(b): Choice of Venue
Venue choices:
1. * Judicial district in which any defendant resides as long as all defendants reside in the same state
2. Judicial district in which a substantial part of the events occurred or in which the relevant property is situated
3. If no judicial district falls into these categories then the defendant can be sued anywhere there is jurisdiction over him
§1404(a): Proper Venue
The venue may be proper but, in the interest of justice, the case can be transferred to another venue.
§1406(a): Improper Venue
If it is found that a district court is an improper venue, the case shall be dismissed or transferred to an appropriate venue.
§1331
District courts have original jurisdiction over actions arising under the US’s constitution, laws, or treaties.
§1332(a)
To be tried in federal court the amount in controversy must be greater than $75,000 and be between:
1. Citizen A v. Citizen B
2. Citizen A v. Foreign Citizen
3. Citizen A and Foreign Citizen v. Citizen B OR Citizen A v. Citizen B and Foreign Citizen
4. Foreign State v. Citizen A
Rule 8(a)
A complaint must contain a short and plain statement of (1) grounds for jurisdiction, (2) claim showing plaintiff is entitled to relieve, (3) demand for relief
Rule 11
Rule 11(a): signature on paper
Rule 11(b): certification that (1) not improper purpose, (2) warranted by law, (3) supported by evidence, (4) denials supported by evidence
Rule 11(c): sanctions
Responses to a Complaint
- Default Judgment
- Default Plus Collateral Attack
- Answer
- Pre-Answer Motion
Full Faith and Credit Clause
State courts are obligated to carry out the valid judgments of other states’ courts
Due Process Clause
All people born and naturalized in the US are citizens of the US and their state of residence.
Rule 4(c): Who can serve a complaint and summons?
- Must be at least 18 years old
- Cannot be a party in the lawsuit
- Can be a marshal or specially appointed person
Rule 4(a): What must the summons include?
A. Name of court
B. Name of parties
C. Directed to the defendant
D. Name and address of the plaintiff or the plaintiff’s attorney
E. Time at which the defendant must appear and defend
F. Notice that failure to appear will result in in absentia judgment against the defendant
G. Signed by a clerk
H. Bear the court’s seal
Rule 4(b): How is a summons issued?
- File the complaint
- Present the complaint to the court
- Clerk signs, seals and issues the summons to the plaintiff to be served to the defendant
Rule 4(e): How can you serve individuals inside the US?
- Deliver to the defendant personally
- Leave a copy at the defendant’s residence with someone of suitable age and discretion who also resides there
- Deliver a copy to an authorized agent
- Follow state law in forum state or state in which the defendant is served
Rule 4(f): How can you serve individuals outside the US?
- “Internationally agreed means of service reasonably calculated to give notice” or method reasonably calculated following the foreign authority’s rules
- Deliver to the defendant personally
- Send by verified mail
Rule 4(h): How can you serve corporations inside the US?
- Operate as per 4(e)(1)
- Deliver to an office or managing agent personally
- Mail to defendant
Rule (4)(h): How can you serve corporations outside the US?
Operate as per 4(f) except no personal service
Rule 4(g): How can you serve a minor or an incompetent?
Follow state law or foreign authority’s law
Rule 4(d)(1): Waiver of Service
- Defendant can waive formal service
- Defendant has 30 days (inside US) or 60 days (outside US) after request was sent to return the waiver