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Aa. Civ Pro > SMJ > Flashcards

SMJ Flashcards

1
Q

What types of SMJ

A
  1. Diversity jx*
  2. FQ jx*
  3. Removal jx
  4. Supplemental jx

* diversity + FQ jx get cases into fed ct

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2
Q

Federal courts have _____ SMJ

State court have _______ SMJ

A

specific - so can only hear certain cases

general - can hear most (except strictly federal like patent infringement, bankruptcy, antitrust, some federal securities)

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3
Q

Two ways cases can get into federal cts

A
  1. FQ jx
  2. Diversity of citizenship jx
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4
Q

in regards to waiver

SMJ ______ waived

PJ _______ waived

A

SMJ: cannot (bigger abbrv bigger word)

PJ: can (smaller abbrv, smaller word)

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5
Q

List (2)

Requirements for diversity of citizenship cases

A
  1. cases is between
    1. citizens of different US states -OR-
    2. US citizen and alien
  2. AIC is greater than $75,000
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6
Q

Complete diversity means that

A

P cannot be citizen of same state as D

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7
Q

When is diversity determined

A

when case is filed

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8
Q

How is citizenship for people determined

A

US citizen of the state in which they are domiciled

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9
Q

List (2)

How is domicile determined

A
  1. physical presence in state
  2. intent to make that place their home for the indefinite future (ie taking a job, buying a house, joining civic organizations, registering to vote, qualifying for in-state tuition)
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10
Q

Jurisdiction is withdrawn if the action is between citizens of a U.S. state and citizens of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same U.S. state

A
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11
Q

How is citizenship for a corporation determined

A

Can have citizenship in EITHER

  1. any state where it is incorporated - OR -
  2. one state/country where it has PPB
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12
Q

Where is the corporation’s PPB?

A

at the nerve center where corp manages, direct, coordinates … usually the HQ

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13
Q

What is the citizenship of an unincorporated corporation

A

Takes on citizenship of all its members - so corp could be citizen of all 50 states

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14
Q

What is the citizenship of an limited partnership corporation

A

include citizenship of general partners and limited partners

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15
Q

What is the citizenship of decedents, minors, incompetents

A

Need a representative to sue on their behalf but look at the citizenship of the decedents, minors, incompetents … citizenship of representatives if irrelevant

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16
Q

What is the citizenship of class action

A

citizenship of named representative

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17
Q

Any single P may aggregate all claims against

A

single defendant

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18
Q

Is there a limit to number of claims a single P may aggregate against single D?

A

NO

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19
Q

Must aggregated claims of single P be related to each other

A

NO

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20
Q

How is AIC for equitable relief satisfied

A
  1. P’s viewpoint: if granted does relief requested have a value of more than $75,000
  2. D’s viewpoint: if granted does relief requested by P cost the D more than $75,000
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21
Q

“d.cap”

What type of cases do fed ct decline to hear even if all requirements are met

A

divorce, alimony, child custody, probate/estate

22
Q

What is needed for there to be a FQ

A

P’s claim must “arise under” federal law

23
Q

For FQ cases need:

A
  1. Pleader must follow a well pleaded complaint, meaning P’s claim must arise under federal law
  2. citizenship + AIC are NOT relevant
24
Q

What question do you want to ask to determine if claim falls under FQ jx?

A

If P is enforcing a federal right?

if yes - goes to fed ct under FQ jx

if no - cannot go to fed ct under FQ jx

25
Q

If D wants to move case from state to fed ct then D:

A

removes to fed ct

26
Q

If removal to fed ct by D is improper then fed ct ______ to state court

A

remands

27
Q

Is permission need to remove a case to fed ct

A

no

28
Q

What court does D file notice of removal

A

state court

29
Q

Who must join in removal

A

all Ds who have been served with process … although dont need to join in same document

30
Q

What is the time frame for removal

A

30 days after service

31
Q

If there are multiple D who are served at different time, what is the time frame for removal

A

30 days after last D is served

meaning that D served earlier who may have missed the 30 day can join D2 when D2 files for removal

32
Q

Can P’s remove?

A

NEVER EVER EVER!!!!!!!!!

33
Q

Can P remove if a D files a counterclaim against them

A

STILL. NEVER EVER EVER!!!

34
Q

What cases may be removed?

A

D can remove cases that meet the requirements for diversity of citizenship (including alienage) or FQ jurisdiction

35
Q

List (2)

What are the limitations for removal and under which jx requirement do these limitations apply (diversity or FQ)

A

Limitations are based ONLY on DIVERSITY JX

  1. In-state D restriction
    1. case may not be removed if any D is a citizen of state where case was filed
  2. One Year Time frame restriction
    1. P has to first dismiss the “controversial” D within a one year time frame after filing the case in order for the other D’s to be able to remove the case to federal court.
      1. The other D’s will then have a 30 day time frame to remove the case after the P has dismissed the claim.
36
Q

How can a diversity case - when D is citizen of forum state (in-state D) - become removable?

A

When claim against in-state D is voluntarily dismissed

37
Q

Which fed ct is case removed to

A

Fed ct in the state where action was filed

38
Q

If P moves to remand for reason other than lack of SMJ, what time limit

A

P must move to remand no later than 30 days after D filing notice of removal

39
Q

If P fails to remand to state ct within 30 days then

A

P waives right to have case remanded to state court and case stays in fed ct

40
Q

If P moves to remand for improper SMJ/lacked SMJ, what time limit

A

no time limit

remember: SMJ can never be waived, ct without SMJ is powerless to act on the case

41
Q

In order to satisfy FQ jurisdiction, the federal question must appear in

A

The plaintiff’s complaint

FQ jx is not satisfied if the federal question appears in the defendant’s answer, counterclaim, or cross-claim.

42
Q

Is FQ jx satisfied if the federal question appears in the defendant’s answer, counterclaim, or cross-claim?

A

No!

which means if D is trying to remove to fed ct in a counter or cross it will have to be done on Diversity jx

43
Q

Is there FQ if the P alleges federal issues in anticipation of some defense?

A

NO!

A complaint will not create federal question jurisdiction if it alleges federal issues only in anticipation of some defense

The P’s claim MUST ARISE UNDER FEDERAL LAW!

The federal question must appear as part of the plaintiff’s cause of action as set out in a well-pleaded complaint. It is therefore sometimes necessary to determine whether certain allegations are proper in pleading the cause of action, and whether the federal element is essential to the plaintiff’s case.

44
Q

The legal representative of the estate of a decedent is deemed to be a citizen of the same state as the decedent.

A
45
Q

When the United States owns more than half of the capital stock in a corporation incorporated by Congress, the corporation is treated as:

A

A federal agency that can sue or be sued on that basis in federal court

46
Q

When a plaintiff sues two defendants and only the claim against the first defendant invokes federal question jurisdiction, a federal court:

A

May assert jurisdiction over the claim against the second defendant if it arises from the same nucleus of common fact as the claim against the first defendant

47
Q

Intervention is __________ when the intervenor’s action and the main action have a claim or defense involving a common question of law or fact.

A

permitted in the court’s discretion

48
Q

For jurisdiction to be valid under a state’s long arm statute, _________ requires that notice of the pending action be provided.

A

Due Process Clause

49
Q

To establish federal question jurisdiction through a federal statute, the statute __________ expressly provide for a civil cause of action when it is violated.

A

need not

50
Q

Under the Erie doctrine, a federal court exercising diversity jurisdiction applies state substantive** law and federal **procedural law.

A
51
Q

a limited liability company, takes the citizenship of its corporate partners

The gallery was a limited liability company formed in State A with its principal place of business in State A. It had two partners: a corporation organized and headquartered in State A and a second corporation organized and headquartered in Foreign Country A.

he gallery, a limited liability company, takes the citizenship of its two corporate partners, making it a citizen of State A and Foreign Country A.

A

Aa. Civ Pro (15 decks)

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