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48 Cards in this Set
- Front
- Back
Personal Jurisdiction (PJ) |
PJ must satisfy:
Analysis whether PJ exists is the same for BOTH state and federal court |
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In Personam PJ |
D must have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice Examples of PJ:
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Minimum Contacts: Contact |
D must purposefully avail himself of the forum state
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Minimum Contacts: Relatedness |
Types of PJ:
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General PJ |
General PJ allows the D to be sued anywhere in the world
Corporations are at home:
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Minimum Contacts: Fairness |
Fairness is ONLY analyzed for specific PJ, by balancing:
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In Rem & Quasi In Rem PJ |
Court is asserting power over D's property
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Subject Matter Jurisdiction (SMJ) |
State courts:
Federal courts:
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Federal Court SMJ |
Diversity of citizenship & alienage
Federal question
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Diversity Cases |
Requires complete diversity
A person is a citizen of the state where he is domiciled
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Domicile |
A person may only have one domicile at a time Can establish new domicile through:
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Citizenship of a Corporation |
A corporation is a citizen of:
A corporation can be a citizen of two states at once:
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Citizenship of Unincorporated Business (e.g., Partnership or LLC) |
An unincorporated association has citizenship in:
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Amount in Controversy |
Must EXCEED $75,000 (for diversity cases)
Aggregation
If P claims equitable relief, then the amount in controversy is calculated based on:
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Federal Question (FQ) Cases |
P's complaint arises under federal law
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Supplemental Jurisdiction |
Once a case is in federal court (under diversity or FQ), additional claims can be asserted in the case
An additional claim must:
Court has discretion to dismiss the supplemental claim if the original claim is dismissed early in the case |
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Supplemental Jurisdiction: Test |
Test for supplemental jurisdiction:
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Supplemental Jurisdiction: Limitation |
Limitation on supplemental jurisdiction:
Limitation ONLY applies to diversity cases and ONLY to claims asserted by P
Example: P (TN) sued D (TN) asserting a federal right, and then adds a state claim arising from the same T/O
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Removal |
If sued in state court, D can remove to federal court
D removes to the federal court embracing the state court where the case was filed |
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Cases that can be removed |
Generally, ANY case that could have been brought originally in federal court for diversity or FQ, EXCEPT in diversity cases where:
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Removal Procedures |
For diversity cases, even if P's claim for D was $75,000 or less in state court...
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Remand |
If P thinks that the case should not have been removed, he can remand to state court
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Erie Doctrine |
For diversity cases, the federal court must examine:
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Federal Common Law |
Under Erie, the general common law of contracts, torts, and property is state law
Examples of federal common law:
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Venue |
P may lay venue in any district where:
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Transfer of Venue |
A federal court may transfer the case to another federal court
Venue can ONLY be transferred to a district where venue would be proper if the case were filed there
Transfer statutes:
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Forum Non Conveniens (FNC) |
If there is another court that would be proper venue, but it is impossible to transfer (because the court is in a different judicial system), the court can:
FNC is almost NEVER granted if P is a resident of the forum state |
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Service of Process |
Process usually consists of:
Who can serve process:
Person who serves process must file a report with the court
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Service of Process: How to Serve |
Process may be served by:
If process is served personally, it may be done anywhere |
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Service of Process: Substituted Service |
Process can be left with someone other than D if:
P can use substituted service, EVEN IF personal service would still be possible |
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Service of Process: Service on D's Agent |
Process can be delivered to D's agent if:
P can use agency service, EVEN IF personal service would still be possible |
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Service of Process: Waiver by Mail |
P can mail a copy of the complaint and 2 copies of the waiver form with a prepaid means of returning the form to D
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Service of Documents (Other than Process) |
Served by delivering or mailing to the party's attorney
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Complaint |
Requirements:
Must plead facts in enough detail that would support a plausible claim Some claims require more specificity when claimed:
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Defendant's Response |
D must respond to the complaint by either:
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Response Motions |
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Rule 12(b) Motion |
If D does not raise the following in his first response, they are waived:
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Answer |
D's answer must:
D must respond to the allegations in the complaint by:
Failing to deny an allegation is an admission of the allegation
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Counterclaim |
A claim asserted against an opposing party
Types:
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Compulsory Counterclaim |
If a counterclaim arises from the same T/O, it MUST be raised in the pending case, or it is waived
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Crossclaim |
A claim asserted against a co-party
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Additional Attached Claims |
Once a party has filed a claim (claim, counterclaim, or crossclaim), the party may attach additional claims
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Amended Pleadings |
Right to amend
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Variance from Pleading |
If evidence at trial does NOT match what had been pleaded, then the evidence:
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Relation Back: Amendment After SOL Has Run |
Joining a new claim
Changing a defendant after SOL has run relates back if:
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Supplemental Pleadings |
Pleadings that set forth things that happened after the original pleading was filed There is NO right to file a supplemental pleading
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Rule 11 |
When a lawyer or pro se party signs a document, he certifies that to the best of his knowledge or belief, after reasonable inquiry...
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Rule 11 Violations |
If Rule 11 is violated, sanctions may be imposed on:
Before imposing sanctions, the court must give you a chance to be heard In the case of a violation, a party must:
Court can raise Rule 11 issues on its own (sua sponte)
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