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31 Cards in this Set

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  • Back
Describe Federal Question Jurisdiction.
Federal Question Jurisdiction is a type of subject matter jurisdiction. Based on any federal law or the Constitution.
What is Removal? And can a Plaintiff Remove?
Removal is moving the case from state to Federal Court, no only a Defendant may remove a case.
When do statues of limitation generally begin to run?
From the date the alleged harm occured.
I've heard alot about this Erie Doctrine, What is it and Why Does my client care. Why do I care as the lawyer even?
Erie is another fun civil procedure tool.
When we have a diversity case we need a plan on how to choose which law applies, federal or state. The word Erie comes from Erie v. Tompkins. Here the issue was should state or federal law apply to a negligence case. Tomkins got smashed up by a train. Read futher up on it to get the answer.
What's the story with rule 12?
Rule 12 is fun. This is what a Defendant must do once they have had process served. Rule 12 basically tells the Defendant to either answer or additionally to file various motions within an established period of time.

Rule 12 motions would include:
Filing a motion that there is no SMJurisdiction.
No PJurisdiction.
Somethings wrong with VEnue
Something was wrong with process.
There was a claim upon which relief can be granted.

Generally you get 20 days from the time of process.

Most important with
PJ, Venue, and Process, these need to be raised in this first motion or appearance.

It makes sense that these would be the ones that would need to be responded to immediately.

Under service of process what are the Constitutional notice requirments?
The notice must be reasonably calculated, given the circumstances of the case to make the D aware of the case.
Describe the requirements of Diversity Jurisdiction.
Diversity Jurisdiction is:
A) A form of subject matter jurisdiction.

B)The relief sought must be <75K

C)Must be suing citizens from another state. (or foreign national)
Supplemental Jurisdiction, what is this?
Supplemental Jurisdiction goes to additional claims that do not meet diversity or federal question requirments.
This supplemental Jurisdiction still has me confused, now I have heard of Pendant and Ancillary supplemental Jurisdiction too, so what in the heck are these? This area is very confusing. Just look over the statute.
Pendant Jurisdiction are claims made by a plaintiff that fall under the category of arising under the same nucleus of operative facts.The Federal court still maintains discretion to hear these causes.

Ancillary Jurisdiction are supplemental claims that are raised by the DEFENDANT (or other party that the Plaintiff)
Transfer of a case: 2 Requirements,
1. Done for the convience of the parties.

2. Tranfering serves the interest of justice.
How long does a Defendant have to remove a case?
Only 30 days.
X has two claims against Y,a patent infringement and a copyright infringement. X files a case in state court...Proper?
No. X must file these claims in Federal Court. These are areas where the Federal Court has carved out exclusive jurisdiction. The state court may not hear this case.
What are the requirements a court must have to get personal juridicition over a Defendant?
Defendant must have contacts with forum state.
What about state courts? Is diversity of citizenship required?
Absolutely not.
Can U.S. Citizen's be citizen's of two states at once?
No. Only citizen's of the state where they are domiciled
The latin term for personal jurisdiction?
In personam
I'm still confused about the use of supplemental jurisdiction, can a federal court here these claims if these claims arise under state law?
Generally these types of suplemental claims are additional claims that fall under state law. Then generally federal courts may with some limitations hear the related claim through the exercise of "supplemental jurisdiction."

Can corporations be "citizen's" of two states at once?
Yes, a corporation is both a citizen of the state where it has it's p[riciple place of business and where it is incorporated.
Where the case is based on Diversity, may a Plaintiff attempt to bring a claim based on Suplemental Jurisdiction, under 28 U.S.C. § 1367, the supplemental jurisdiction statute, where the claim frustrates diversity?
What about a defendant?
NOPE the Plaintiff may not do this where the main claim is based on Diversity.
However the DEFENDANT, May.
FOrum Non COnvenience: What the hell is this? Yeah it's A procedural defense raised by a defendant in a case, but what's the purpose and use of this?
The Defendant establishes there is a natural forum, which is clearly more appropriate for the hearing of the case. Usually this is the forum in which the damage occurred, the availability and access to evidence, victims and witnesses are based;
IF the defendant demonstates this then the plantif may:
Attempt to prove that regardless of the fact that the natural forum lies elsewhere, nonetheless justice requires that the matter be heard in the prevailing court.

The Plaintiff has to show that substantial justice will not be done in the appropriate forum.
What if there are three defendants in a state case, 2 want to move, and 1 does not? Can the case be removed to federal court?
No all defendant's must agree to removal.
Even if the court can find Personal Jurisdiction, What other type of Jurisdiction must the court establish?
Subject matter Jurisdiction is also required in addtion to Personal Jurisdiction.
What is an exception to the general rule about when S.O.L's begin to run?
They don't generally run if you do not know that you were harmed. Then the date is from the time of the discovery of the harm.
In a diversity case, does the $75K requirement allow for interest and court cost?
No. THe $75K is exclusive of cost and interest.
If plaintiff's are are not identical for each claim, can you add these seperate claims up to reach 75K?
No. only if the claims are the same and the parties are the same.
Venue for a case. GIve details for the following situations:
A) Case involves purchase of land.

B) Case was removed previously

C) There are three defendant's

D) The Causes occured in area B. The defendant lives in area A.
A--The proper venue is where the land is.

B. The case was already removed, venue is "idealistically" where the case was removed to since Defendants chose to remove.

C) where there are three defendant's anywhere where where anyone of the three defendants resides is proper.

D)It is also proper to have venue in the area where the events arose.
Service of proecess on a Corporation, How is this done?
The agent of the corporation is served.
What is the purpose of Subject matter jurisdiction?
Federal Courts are courts of limited jurisdiction, the reason behind subject matter jurisdiction is determine if the court hear the type of case.
Service of Process, Name three ways a Defendant can be served?
1. Personal Service
2. Service at residence to someone of sutible age that resides there.
3. Any method allowed by the state where court sits.
From a constitutional stand point, Is some type of hearing required before seizure of property?
Under the Due process clause the Defendant is entitled to a hearing, however this can occur either before or after the seizure.
From a constitutional stand point, Is some type of hearing required before seizure of property?
Yes. Under the Due process clause.