Applicable Statutes And Federal Rules

Front 1

Article III § 2 US Constitution

Back 1

Set forth limited jurisdiction of federal courts

Front 2

28 USC § 1332

Back 2

Diversity of citizenship; amount in controversy; costs
1) aggregation if claims have a common and undivided interest
2) no aggregation by multiple Ps if separate and distinct

Front 3

28 USC § 1359

Back 3

Parties collusively joined or made
Original jurisdiction involving minimum diversity between adverse parties that arises from a single accident where at least 75 people died

Front 4

28 USC § 1331

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Federal Question
1) original jurisdiction over civil claims arising under the Constitution, laws, or treaties of the US

Front 5

28 USC § 1334

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Bankruptcy Cases and Proceedings
1) General Rule
- title 11 cases are within exclusive jurisdiction of DC

Front 6

28 USC § 1338

Back 6

Patents, Plant Variety Protection, Copyrights, Trademarks
1) Exclusive jurisdiction over actions arising under act of Congress relating to copyright, patents, etc.

Front 7

28 USC § 1343

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Civil Rights and Elective Franchise
1) original jurisdiction over civil rights claims

Front 8

28 USC § 1345

Back 8

United States as a Plaintiff
1) unless otherwise provided by Congress, DC has original jurisdiction when US is a P

Front 9

28 USC § 1346

Back 9

United States as a Defendant
1) General
- concurrent jurisdiction with United State Court of Federal Claims

Front 10

28 USC § 1367

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Supplemental Jurisdiction
(a) includes claims that involve the joinder or intervention of additional parties
- authorizes when claims make 1 Constitutional case
(b) in diversity cases, DC shall not of SJ under subsection (a) over claims by Ps against persons made parties under RUle 14, 19, 20, or 24 of the FRCP
- reaffirms Owen rule
(c) ?

Front 11

28 USC § 1441

Back 11

Actions Removable Generally
1) removable to federal court is ok as long as orginal suit could have been brought there

Front 12

28 USC § 1442

Back 12

Federal Officers Sued or Prosecuted
1) can be removed to federal court if it invovles a federal officer

Front 13

28 USC § 1443

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Civil Rights Cases
1) civil rights cases are removable

Front 14

28 USC § 1445

Back 14

Nonremovable Actions
1) actions with staet court against a RR under FELA
2) workmans compensation
3) violence against women act

Front 15

28 USC § 1453

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Removal of Class Actions
1) removable without consent of all Ds

Front 16

28 USC § 1446

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Procedure for Removal
1) file notice of remova
2) must be within 30 days

Front 17

28 USC § 1447

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Procedure After Removal
1) General
- if a case is removed erouneously, must be remanded (30 days)
- remanding a case is not reviewable

Front 18

Federal Rule 8

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General Rule of Pleading
(a) Claim for Relief
1) short plain statement of grounds for jurisdiction
2) short plain statement of the claim showing entitled to relief
3) a demand for relief sought
Modern Trend
- Plausibility Pleading

Front 19

Federal Rule 12

Back 19

1) Defenses and Objections
2) When and How Presented
3) Motion for Judgment on Pleadings
4) Consolidating Motions
5) Waiving Defenses
6) Pretrial Hearing

Front 20

Federal Rule 12 (cont)

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(a) Time to Serve a Responsive Pleading
- unless otherwise specified, time for responding is 20 days
(b) How to Present Defenses
- defenses asserted in answer, but some can be presented by motion (law of subject matter, law of personal, improper venues, insufficient process)
(c) Motions for Judgment on the Pleadings
- after pleadings are closed, but early enough to delay trial, a party may move for judgment on the pleadings
(d) Result of Presenting Matters Outside of Pleadings
- if under 12(b)(6) or 12(c), evidence from outside pleadings is admitted must be treated as summary judgment under Rule 56
(e) Motion to Strike
- court may strike from a pleading, an insufficient defense

Front 21

Federal Rule 54

Back 21

Judgment; Costs
(c) Demand for Judgment; Relief to be Granted (Prayer for Relief)
- P gets relief entitled to, even if more than requested
- default judgment can only get what is requested

Front 22

Federal Rule 11

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Singing Pleadings, Motions, and other Papers; Representations to the Court; Sanctions
(a) all pleadings/motions must be signed
(b) by presenting a pleading/motion, lawyer vouches for it
(c) sanctions
- safe harbor (21 days)
- court can impose at discretion
- sanction must be reasonable to deter behavior

Front 23

Federal Rule 23.1

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Derivative Actions
- complaint must be verified

Front 24

Federal Rule 18

Back 24

Joinder of Claims
- a party asserting a claim/counterclaim/crossclaim or 3rd party claim may join as many claims as it has against an opposing party

Front 25

Federal Rule 13

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Counterclaim and Crossclaim
(a) Compulsory Counterclaim
1) same transaction or occurence ; and
2) does not add a party the court can't get jurisdiction
(b) Pemissive Counterclaim
1) any that is not compulsory

Front 26

Federal Rule 13 (cont)

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(g) Crossclaim against a Coparty
- a pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the same transaction or occurence
(h) Joinding Additional Parties
- Rules 19 or 20 govern additional peoples as a party to a counterclaim or crossclaim

Front 27

Federal Rule 20

Back 27

Permissive Joinder of Parties
(a)(1) Ps can join in one action if:
1) they assert right to relief jointly arising out of the same transaction or occurence; and
2) any question of law or fact common to all Ps arises in the action
(a)(2) Defendant
1) Ds can be joined in one action if right to relief is asserted jointly arising out of the same transaction or occurence; and
2) any common question of law or fact

Front 28

Federal Rule 21

Back 28

Misjoinder and Nonjoinder of Parties
- misjoinder not grounds for dismissal
- courts can add/drop parties at any time

Front 29

Federal Rule 42

Back 29

Consolidated; Separate Trials
(a) Consolidation
- court can consolidate actions or join for hearing on trial actions/issues that have a common question of law or fact

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Federal Rule 19

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Required Joinder of Parties (Indispensible)
(a) Required to be Joined if Feasible
- Person who is subject to service of process and will not deprive ourt of subject-matter must be joined if:
1) in absence court cannot complete relief among existing parties
2) person claims interest taht absence would negatively affect, or opens D to multiple obligation
(b) When Joinder not Feasible:
- court must determine if action should proceed or be dismissed
- look at:
1)prejudice
2) adequacy of partial judgment
3) adequate remedy for P if dismissed

Front 31

Federal Rule 14

Back 31

Third Party Practic (Impleader)
1) D may, as a 3rd party P claim against a non-party
- if not within 10 days must obtain courts leave

Front 32

Federal Rule 23

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Class Actions
(a) Prerequisites (for Certification)
1) class is numerous;
2) common question of law/fact;
3) claims of named P are typical; and
4) representitive will fairly protect interests of class
(b) Types of Class Actions
1) separate actions would create risk of inconsistentcy
2) D has refused to act on grounds that relate to class
3) questions of common law predominate
(c) Certification Order; Notice to Class Members; Judgment; Issues Classes; Subclasses

Front 33

Federal Rule 56

Back 33

Summary Judgment

Front 34

Federal Rule 56(c)

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Summary Judgment
- appropriate where there remains no genuine issue of material fact in dispute
- judge must find no reasonable jury could reach a different conclusion and find for the party opposing summary judgment
- comes into play when P has not satisfied the burden of production

Front 35

Federal Rule 56(e)

Back 35

If the evidence tends to show that no factual dispute exists, then teh opposing party must show how there is a genuine issue of fact in dispute, or else SJ will be granted