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Civil Procedure > SMJ > Flashcards

SMJ Flashcards

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Civil Procedure 1L flashcards
1
Q

What is Subject Matter JDX?

A

The power of the court to hear disputes of a particular type.

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2
Q

What is Original JDX?

A

The power of the court to hear a case in the first instance

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3
Q

What are the two main ways to establish Federal SMJ?

A

Diversity Jurisdiction and Federal Question

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4
Q

What is Article III, Section 1?

A

It establishes the Federal judicial power in one Supreme Court and gives Congress the ability to create lower federal courts

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5
Q

Which court system is of limited jdx?

A

Federal Courts can only hear cases permitted by the Consitution and Congress.

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6
Q

What is Article III, Section 2?

A

It grants the federal courts original jdx over some cases like cases affecting Ambassadors, Immigration, the U.S., Maritime, Diversity Cases, and Federal Questions.

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7
Q

Besides Article III, Section 2, what else grants federal court SMJ?

A

Statutes that the legislature passes

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8
Q

What is concurrent SMJ?

A

Cases in which both the state and federal court can hear

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9
Q

What is exclusive jurisdiction?

A

Cases in which the federal ct has original jdx over and No state court can hear.

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10
Q

What are cases of exclusive jdx?

A

28 USC Section 1338 - Patents, plant, variety protection, copyright, mask works, designs, trademarks, and unfair competition.

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11
Q

Is Federal SMJ waivable at any point?

A

Not until final judgment is made

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12
Q

What is 28 U.S.C 1332?

A

Diversity jdx is where the district court has original jdx over cases between citizens of different U.S. states, citizens of a different U.S. state, and a citizen of a foreign state, and the amount-in-controversy exceeds $75,000 excluding interest and costs

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13
Q

What case established the Complete Diversity Rule & is it?

A

Strawbridge v. Curtis says that no plaintiff may be from the State as any defendant.

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14
Q

What are two requirements asked of when the plaintiff claims their AIC?

A

That it be made in good faith and that it appears to a legal certainty that the claim meets the jurisdictional amount required

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15
Q

What test determines a party’s state citizenship, and what case established it?

A

The domicile test says an individual’s residence and intent to remain indefinitely determine their domicile. This was in Gordon v. Steele.

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16
Q

What rule came out of Mas v. Perry?

A

A person does not lose their domicile until they acquire a new one.

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17
Q

What is the rule regarding ex-pats and diversity jdx?

A

They do not lose their U.S. citizenship but they do lose the state citizenship and if the facts do not indicate that are a citizen of the foreign state to which they moved to, then there is no diversity jdx but they can file in state court

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18
Q

What cases are of concurrent jdx?

A

state law claims when parties are diverse

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19
Q

Can most, some, or no FQ be of concurrent jdx?

A

Some, b/c some FQ can also be of exclusive jdx.

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20
Q

What type of SMJ do state courts have?

A

General/broad jdx

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21
Q

Is there an AIC requirement for state courts?

A

Yes

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22
Q

What is the threshold for small claims court?

A

less than $10K, exclusive of atty fees and costs

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23
Q

What is the threshold for limited jdx state courts?

A

Greater than $10k and less than or equal to $25K, exclusive of atty fees and costs

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24
Q

What is the threshold for unlimited jdx state court?

A

x>$25K, exclusive of atty fees and costs

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25
Q

When filing a diversity case, what citizenship does the court count for domicile purposes?

A

Your citizenship on the day of filing the suit is what is considered for diversity.

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26
Q

How do you determine a corporation’s domicile?

A

Nerve center test, which is the state incorporation and principal place of business (HQ –> PPB)

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27
Q

How do you determine the domicile of a partnership for diversity purposes?

A

You have to take into into consideration the domicile of each individual in the partnership to determine diversity

28
Q

Who and what sets the AIC requirements for diversity cases?

A

Congress set the requirement and can change it anytime by amending the statute 28 USC 1332

29
Q

How does aggregation work for AIC for diversity cases?

A

A single plaintiff can aggregate claims against a single defendant to meet AIC, even if claims are unrelated.

30
Q

How can we apply 28 USC 1367 to diversity cases?

A

Supplemental jdx allows a second plaintiff to “tag along” with the first plaintiff if they meet the AIC and all claims form part of the same controversy.

31
Q

How can we apply 28 USC 1367 to federal question cases?

A

In any civil action of which the district courts have original jdx, the district courts shall have supplemental jdx over all other claims that are so related to the claims in action within such original jdx that they form part of the same case or controversy.

32
Q

Can a single plaintiff add their damages against two defendants to meet AIC?

A

No, 1v1

33
Q

What is 28 USC 1331?

A

Federal questions, which says that the federal courts have original jdx over cases that arise under the Consitution, United States law, or treaties.

34
Q

What is the Well-pleaded Complaint rule?

A

The Well-pleaded complaint rule is a requirement from the Mottley case, which says that federal question SMJ must be asserted in the face of the “well-pleaded” complaint, not in anticipated defenses or counterclaims.

35
Q

What is the Holmes Creation test?

A

A suit arises under the law that creates the cause of action (if federal law creates the pl.’s right to sue, the case arises under federal law)

36
Q

What are two things a case must satisfy to be a federal question?

A

The complaint must arise from federal law, and the claim must raise an FQ

37
Q

What are the reasons for courts to apply supplemental jdx?

A

For judicial economy, it is more practical and cost-efficient to hear related claims. For avoidance of inconsistent results, where the court does not have to have to separate decisions for related claims

38
Q

What is Emedded Federal Question?

A

When a state claim has an underlying federal claim and the state cause of action cannot be resolved unless there is a special resolution, relief, or understanding of a federal ingredient.

39
Q

What is 28 USC 1441?

A

Removal allows defendants to have their case heard in federal court instead of state court - A Defendant can remove the case to district court if they have original jdx over the claim and file a notice of removal within 30 days of service.

40
Q

What is 28 USC 1441(b)(2)

A

The Forum state exception says that a defendant cannot remove state claim to a federal court located in the same state

41
Q

When is removal proper?

A

1) Done is a timely manner 2) all defendants consent 3) The defendant is not from the same state as the federal ct they are removing to

42
Q

What is 28 USC 1447?

A

Remand - Remanding a case back to state court based on objection other than SMJ in which the plaintiff must do so within 30 after removal. Must have a technical defect in the removal.

43
Q

When is remand proper other than lack of SMJ?

A

Technical defect with the removal (When the notice of removal was not timely filed, the defendant is from the forum state, not all defs consent) Motion is filed timely (within 30 days after removal)l.

44
Q

How to analyze removal &remand?

A

1) Does the federal court have original jdx? 2) Is removal proper? 3) Is remand proper?

45
Q

What is forum shopping?

A

Forum shopping is the court in which a party chooses to file their claim - they typically have several options. The plaintiff’s counsel may act tactically to prevent their claim from being removed from state court.

46
Q

How much time does a party have to remand a case back on lack of SMJ? Why?

A

No time limit (before final judgment). SMJ is never waived.

47
Q

What is the Service of the process?

A

The delivery of legal papers to notify the defendant that they are being sued.

48
Q

What are the two functions of SOP?

A

1) Notify Def of the lawsuit 2) Empower the court to issue binding orders on the def

49
Q

What is the constitutional reasoning for requiring proper SOP?

A

Guarantees Due Process to Def under the 14th Amendment. Notice and opportunity to be heard

50
Q

What are two ways to Challenge SOP?

A

Motion to Quash (State Court - CCP 418.10) or Motion to Dismiss (Fed Ct)

51
Q

If you file an answer after being invalidly served, can you still file a motion to quash?

A

No, the right is waived

52
Q

How are SOP and PJ related?

A

Both must exist for the court to issue a binding order. SOP is a prereq for PJ

53
Q

What are the three methods of SOP?

A

Actual, Substitute, and Constructive.

54
Q

Does valid service require actual notice?

A

No, if the plaintiff has fulfilled service through one of the methods, it doesn’t matter if it didn’t get to def.

55
Q

What is the statute for authorized persons for service of summons?

A

CCP 414.10 which says a summons may be served by any person who is at least 18 years of age and not a party to the action.

56
Q

What is the statute for personal delivery (the GOLD standard)?

A

415.10 which says that a summons may be served by personal delivery of a copy of the summons and complaint to the person to be served by someone 18 yrs or older and not a party to the action. Service is deemed complete at the time of delivery.

57
Q

What is the statute for substitute service?

A

CCP 415.20 says that once diligent efforts have been made for personal delivery, then S & C may be left at the defendant’s office during usual business hours with a person apparently in charge or with a competent member of their household, informing them of the contents, and mailing S&C by first class mail, postage prepaid [USPS]

58
Q

What is the statute for constructive service?

A

CCP 415.50 A summons may be served by publication if upon affidavit it appears that the party to be served cannot with reasonable diligence be served in another manner. The court shall order the summons to be published in a named newspaper in the state that is most likely to give actual notice to the party to be served.

59
Q

What case brings up the issue of constructive service?

A

Baidoo v. Blood-Dzraku, where the court ordered facebook messenger as constructive service in a divorce cases.

60
Q

What statute governs service on person outside state?

A

415.40 - A summons may be served by personal, substitute, or N&A, or by mailing a copy of S&C by first-class mail, postage prepaid, and requiring a return receipt.

61
Q

What statute governs Notice and Acknowledgment of Receipt?

A

415.30 - Service by Mail - Alternative service done by mailing a copy of the S&C by first class mail or airmail, postage prepaid to the person to be served, together with TWO copies of the N&A provided with a return envelope postage prepaid addressed to the sender

62
Q

Explain N&A of Receipt, an alternative method of SOP.

A

It is completely voluntary, and it is a valid method of service that parties agree to engage in litigation immediately instead of going through the other types. Service is deemed completed when it is signed, and it must be signed and returned to the sender within 20 days after notice or may be subject to liability for payment of any expenses incurred in serving a summons upon you in any other manner permitted

63
Q

What does Diefenthal v. C.A.B. show us?

A

It shows us the legal certainty standard a plaintiff must prove when making their AIC to the court. The court determined that to legal certainty, their state claim of Breach of K claim would need to meet the ACI requirement.

64
Q

What did Mottley show us?

A

The complaint raised a K issue and should have been heard in the state court. The only federal Q that was raised was by the Pl. anticipating defenses.

65
Q

What are the stages of litigation?

A

Pleading, Discovery, Trial

Civil Procedure (1 decks)

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