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8 Cards in this Set

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  • Back
What is the Erie Doctrine?
Under the Erie doctrine, a federal court sitting in diversity must apply the substantive law of the forum state, but federal procedural rules.
May a pleading be amended?
Under civil procedure, a pleading may be amended ONCE before a responsive pleading is served; if no responsive pleading is required, it must be amended within 20 days of service. Thereafter, it may be amended only with written consent of the adverse party or by leave of court.
What does it mean for a pleading to "relate back?"
Under civil procedure, amendments relate back to the date the original filing if the conduct, transaction, or occurrence set forth in the amendment was set forth in the original pleading.
What is the special rule for an amendment "relating back" when it amends a party?
Under civil procedure, an amendment changing the defendant relates back if it concerns the same conduct as the original AND if, w/in 120 days after filing the complaint, the new party has received NOTICE so his case is not prejudiced, and KNEW or should have known that absent mistake, action would be brought against her.
For diversity purposes, what is the citizenship of a corporation?
Under diversity jurisdiction, a corporation is deemed a citizen of every state of its incorporation and of the state in which it has its principal place of business.
What is diversity jurisdiction?
Under the doctrine of diversity jurisdiction, the citizenship of all plaintiffs must differ from that of all defendants.
What is a plaintiff's right to a jury trial?
Under the 7th Amendment, a plaintiff has a right to a jury trial in federal courts in all suits of common law where the amount in controversy exceeds $20. Where damages are claimed as part of an action seeking an injunction, the jury trial cannot be denied on the damages issue.
When is summary judgment proper?
Under the Federal Rules of Civil Procedure, summary judgment must be granted if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.