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73 Cards in this Set
- Front
- Back
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Subject Matter Jurisdiction |
Power of the court to decide this kind of case. |
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Personal Jurisdiction |
Territorial Jurisdiction |
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Venue |
Appropriateness of deciding the case in a particular court. |
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How does SMJ work? |
Cannot be waived Can be raised by any party at any time If challenged must prove Basis for SMJ must be affirmatively pleaded in every case. |
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Federal Question |
Exists a claim that arises under federal law. |
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Well Pleaded Complaint Rule |
Must be based on federal law in the complaint, within four corners of the complaint, and must not be based on a federal defense alone. |
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Diversity Jurisdiction |
Cases between citizens of different states or citizens of a state and a foreign country if the amount exceeds $75,000 exlusive of interest and costs Except: alimony and probate (will) actions |
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Complete diversity |
Every plaintiff must be different from every defendant |
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Minimal Diversity Exceptions |
Federal Interpleader Act Class action worth more than 5mil and interstate mass tort. |
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Citizen |
State or country of domicile |
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Domicile |
place of permanent residence with intention to remain indefinitely |
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Class actions |
Citizenship of represented parties counts |
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Corporations |
citizen of state or states or countries in which it incorporates, primcipal place of business. Look at all states where citizen |
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Partnership |
Every state where members are citizens |
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Aggregation |
One plaintiff v. one defendant CAN one plaintiff v. multiple defendant CANNOT Multiple plaintiffs - each plaintiff must meet the AIC requirement exc |
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Supplemental Jurisdiction |
1. additional claims if SMJ 2. Fed Q- can listen to state claims (discretion) 3. Diversity- compulsory counterclaim, not permissive counterclaim, cross claims are fine |
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Removal |
From state to federal court- must consent to removal. Notice filed in federal court with copy to state court. Automatic and instant |
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PJ |
always concern the defendant long arm statute- chief means of asserting PJ over out of state defendants - out of state |
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Kinds of PJ |
in personam in rem quasi-in-rem |
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standard for PJ |
minimum contacts fair play and substantial justice is it fair can waive |
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PJ waiver |
first opportunity - pre-answer motion to dismiss the defendant choose to file or the answer instead. |
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In personam |
General: any claim even if the claim is unrelated to the contacts with the forum Specific: the long arm statute only applies to dispute arises out of the contact with the forum |
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General in personam |
physical presence domicile consent- express or implied corporation: substantial and continuous in-state activity does not give the state jurisdiction over a foreign corporation for claims having no territorial connection. "at home" |
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Specific In Personam |
long arm statute only applies to the particular transaction in the state any act or omission causing injury to personal property or causing injury there or introduced goods into the flow of commerce |
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In Rem Jurisdiction |
applies against any kind of property real or personal so long as the property is located in the state same test as in personam jurisdiction |
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Notice and Service of Process |
summons authorize service of state where federal court exists personal delivery leaving at dwelling delivery of summons to an authorized agent generally not mail |
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Process for in rem and quasi in rem |
reasonable effort must be made to locate all claimants to the property if know names and addresses of the claimants can be discovered with reasonable effort |
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Venue |
administrative convenience district is proper place to hear the case defendant's responsibility to object objection must be raised at first opportunity |
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general venue rule |
where any defendant resides if all defendant reside in the same state where the claim arose if neither than in any district where in personam over defendant |
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Choice of law for transfer |
if suit was brought in a district with proper venue and the case is transferred to another district, the law of the original forum controls if suit was brought in district that lacked proper venue then the law of the transferee court controls .
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Erie Doctrine |
Erie says that when federal courts hear state claims they apply state substantive law. 1. procedural 2. if looks but no rule: -avoid forum shopping -avoid inequitable admin of justice Determine applicable state law by looking to highest court or attempting to determine what highest court would rule. |
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Pleadings |
Complaint Answer- within 21 days of service Reply |
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Amendment |
may be amended once within 21 days of servies or 21 days of defendant's response by leave of court - after amended once or time has elapsed -should be freely granted, judge must have reason for denying SOL and relation back- amendment relates back to date of pleading for SOL determination (of notice, cannot surprise other party) |
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Certification |
most pleadings are not verified. But must be certified by attorney of record, appropriate legal basis for filing, best of knowledge after reasonable inquiry, and no improper purpose. legal contention are warranted factual allegations have evidentiary support or are likely to after discovery. |
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Rule 11 |
Sanctions to attorneys |
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Multi- Party Litigation: Permissive Joinder |
Plaintiffs
any number may join if assert claims arising out of same transaction or occurrence and common question of law or fact diversity: no party can be joined who would defeat complete diversity, one plaintiff needs 75k |
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Compulsory Joinder of Parties |
Defendants necessary- someone whose participation is necessary for just adjudication feasible: -not deprive of SMJ -assert PJ can use Bulge provision (within 100 miles of court house) if cannot be joined, continue or dismiss action. |
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Intervention |
Voluntary- usually plaintif as of right-interest in outcome may be compromised permissive- no supplemental matter of discretion must both be timely |
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Interpleader |
Completing claims to same property Rule 20/Federal Interpleader Act need only $500 for jurisdictional amount nationwide service of proces venue is proper anywhere defendant is minimum diversity |
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Counterclaim |
Compulsory is fine permissive- do not arise from same transaction or occurrence and requires jurisdictional basis |
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Crossclaim |
Not compulsory, against a similar party, and allowed by supplemental jurisdiction |
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Impleader: Third party |
Brings in someone who is or may be liable to the defendant for all or part of claimant's claim against him Third party defendant Supplemental under diversity does not extend to claims by original plaintiff against third party |
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Class Action |
Numerousness common question of law or fact typicality of claims by the class rep adequacy of rep by rep lawyer dismissal or compromise requires approval or court |
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Mandatory Disclosures |
Initial: names and address of persons with potentially discoverable info copies or descrip of relevant doc and things computation of damages claimed applicable insurance agreements disclosure of expert witness |
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Pre Trial Disclosures |
30 days before trial list of witnesses and exhibits any objections must be made within 14 days |
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Scope of Discovery |
relevance anything that might be admissible or may lead to something that may be admissible |
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Attorney work product |
Documents and things- not info prepared in preparation in anticipation of litigation by or for another party or his or her rep qualified immunity |
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Experts |
If called as witness, other side can discover report draft report not discoverable |
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Discovery Devices |
Deposition written deposition interrogatories documents physical and mental examination request for admission |
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Oral Deposition |
limit to to limit to seven hours under oath can be taken after mandatory disclosures notice for party, subpoena for non-party |
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Interrogatories |
Oath in writing may be used only against party limit to 25 response due in 30 days |
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Documents |
Inspection response in 30 days must be described in particularity |
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Physical and Mental Examination |
can be ordered only against a party only permitted for a condition in controversy only for good cause shown |
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Request for admission |
streamline failure to respond within 30 days is an admission can deny if certified by attorney |
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Enforcement Sanctions |
1. failure to attend one's own deposition
2. failure to respond to interrogatories 3. failure to respond to a request for documents or things. |
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Pre-Trial Conference |
pre-trial statement must be attended by attorneys who will conduct the trial |
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Termination Without Trial |
Judgment on Pleadings Default Judgment Voluntary dismissal Involuntary dismissal Summary judgment |
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Voluntary dismissal |
without prejudice any time before defendant responds or motion for summary judgment |
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Involuntary dismissal |
with prejudice imposed for lack of jurisdiction, improper venue, or failure to join a necessary party, is involuntary without prejudice. adjudication on the merits preclusive- res judicata failure to prosecute or to comply with rules review by abuse of discretion |
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Summary Judgment |
Test facts and the law Standard: there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law may be supported by materials in the record- sworn statements. not just pleading. |
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Right to Jury Trial |
Equity- no jury Legal remedy- jury If both, try legal first for jury. Demand must be made no later than 14 days after service of answer or other pleading directed to the issue on which jury trial is sought. |
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Jury selection |
Each litigant gets 3 premptory challenges not for cause Cannot be used for race or gender |
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Motion for judgment as a Matter of Law |
Standard: viewing the evidence in light most favorable to the opposing party, evidence cannot support a contrary verdict and the moving party is therfore entitled to judgment as a matter of law |
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Renewed Motion for Judgment as a Matter of Law |
JNOV made at the close may be renewed after the verdict Evidence cannot support the jury's verdict and the moving party entitled to JMOL Usually with motion for new trial |
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Motion to Terminate Without Trial |
are irrelevant once moving party proceeds with trial |
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New Trial motion |
erroe during trial rendering judgment unfair newly discovered evidence prejudicial misconduct by lawyer, party, or juror excessive verdict :court must specify reason for granting |
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Appeals |
partial final judgment or final judgment notice of appeal must be filed in trial court within 30 days |
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Interlocutory Orders |
As of right immediately appealable: injunctions any order that changes or affects possession of property |
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Discretionary Interlocutory Appeal |
any interlocutory order is appealable on leave of court trial court and appellate court must agree controlling issue of law AND immediate appeal may materially advance termination of the litigaiton |
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Collateral Order Doctrine |
authorizes immediate appeal of orders separable from and collateral to the main suit and too important to deny immediate review.
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Standards of review |
law: de novo fact: jury verdict must be affirmed if supported by substantial evidence judge findings of fact must be affirmed unless clearly erroneous |
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Claim Preclusion |
Rule: final judgment on merits bars re-lit of claim by the same parties or those in privity with the parties. Prevents re-lit of every issue that was raised or should have been raised in the first litigation. -final judgment -same parties or successors in interest -involve same claim or cause of action |
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Issue Preclusion |
-same issue of fact -actually and necessarily decided -party to be precluded must have been a party to the first suit |
