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48 Cards in this Set
- Front
- Back
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Personal Jurisdiction (PJ) |
PJ must satisfy: 1. State statute (long arm statute), and 2. Constitution (due process) 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: 1. D is domiciled in the forum 2. D consents 3. D is voluntarily present in the forum when served with process |
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Minimum Contacts: Contact |
D must purposefully avail himself of the forum state * D must voluntarily reach out to the forum state * D can purposefully avail himself without actually being physically present (by causing an effect in the forum) * It must be foreseeable that D's actions leave him open to lawsuit |
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Minimum Contacts: Relatedness |
Types of PJ: 1. Specific PJ - P's claim is related to/arises from D's contact with the forum 2. General PJ - P's claim does not arise from D's contact with the forum |
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General PJ |
General PJ allows the D to be sued anywhere in the world * D must be at home in the forum (domiciled in the forum) Corporations are at home: 1. Where incorporated 2. Where they have their principle place of business (PPB) |
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Minimum Contacts: Fairness |
Fairness is ONLY analyzed for specific PJ, by balancing: 1. Burden on D and witnesses (more than mere inconvenience, but cannot put D at a severe disadvantage in the litigation) 2. State's interest (normally applicable if P is a citizen of the forum) 3. Plaintiff's interests |
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In Rem & Quasi In Rem PJ |
Court is asserting power over D's property * Constitutional test for PJ still applies (contact, relatedness, and fairness) |
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Subject Matter Jurisdiction (SMJ) |
State courts: * Have general SMJ (can hear any case) * Have limited SMJ |
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Federal Court SMJ |
Diversity of citizenship & alienage * Case is between citizens of different states, or case is between a citizen of a state and a citizen of a foreign country (permanent residence aliens with domicile are considered aliens), AND * Amount in controversy EXCEEDS $75,000 * Issues in the case arise from a federal right created under federal law |
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Diversity Cases |
Requires complete diversity * All Ps must be diverse from ALL Ds * If a person is not domiciled in the state, he is NOT a citizen of that state |
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Domicile |
A person may only have one domicile at a time Can establish new domicile through: 1. Physical presence in the state, AND 2. Intent to make that state your permanent home (examine factors, such as job, voter registration, church attendance, etc.) |
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Citizenship of a Corporation |
A corporation is a citizen of: 1. State/country of incorporation, AND 2. State/country of its principal place of business (where managers direct and control corporate activities; "nerve center") A corporation can be a citizen of two states at once: * Both the state of incorporation and the PPB |
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Citizenship of Unincorporated Business (e.g., Partnership or LLC) |
An unincorporated association has citizenship in: * ALL states where its members have citizenship * E.g., if a partnership has 18 members from 18 different states, the partnership itself has those 18 states of citizenship |
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Amount in Controversy |
Must EXCEED $75,000 (for diversity cases) * Calculation does NOT included court costs or interests on the claim * Whatever P claims in good faith will be considered * BUT if it is clear to a legal certainty that P cannot recover more than $75,000, then there will be no diversity SMJ * a single P can aggregate claims (even if factually unrelated) against the same D If P claims equitable relief, then the amount in controversy is calculated based on: 1. P's viewpoint - whether the activity to be enjoined decreases the value to P more than $75,000 2. D's viewpoint - whether it would cost D more than $75,000 to comply with injunction |
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Federal Question (FQ) Cases |
P's complaint arises under federal law * Well pleaded complaint - the claim itself must arises under federal law (rather than merely implicating federal issues) |
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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 * Each additional claim must be tested to ensure it is proper for federal court * Can get non-diversity/non-FQ cases attached An additional claim must: 1. Meet the test for supplemental jurisdiction (arise under same T/O), AND 2. NOT fall within the limitation (unless the initial claim was FQ) 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: 1. Additional claim must share a common nucleus of operative fact (arises from same T/O) 2. With the claim that originally invoked federal SMJ |
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Supplemental Jurisdiction: Limitation |
Limitation on supplemental jurisdiction: 1. In a diversity case 2. P CANNOT use supplemental jurisdiction 3. To overcome a lack of diversity Limitation ONLY applies to diversity cases and ONLY to claims asserted by P * Additional claims to an FQ case ONLY need to arise from the same T/O * Additional claims asserted by D ONLY need to arises from the same T/O * P's claim asserting the federal right goes to federal court under FQ SMJ * BUT even though P's additional claim arises from same T/O, it falls within the limitation * P cannot assert the additional claim only to circumvent the requirement for complete diversity |
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Removal |
If sued in state court, D can remove to federal court * Must remove within 30 days of service of first paper showing that the case is removable * ALL defendants who have been served with process can remove * Plaintiff can NEVER remove 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: 1. No removal if ANY D is a citizen of the forum, AND 2. No removal more than one year after the case was filed (unless P acted in bad faith by joining another D to defeat diversity removal) |
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Removal Procedures |
1. D files a notice of removal in the federal court, stating the grounds of removal (diversity or FQ)
2. D attaches all documents that he was served with to the notice of removal 3. D serves a copy of the notice of removal on adverse parties 4. D then serves the notice of removal in the state court For diversity cases, even if P's claim for D was $75,000 or less in state court... * D can allege more than $75,000 in federal court (BUT ONLY IF P's recovery was limited by state law) * Federal court will hold a hearing and D will have the burden to show (by preponderance of evidence) that his claim exceeds $75,000 |
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Remand |
If P thinks that the case should not have been removed, he can remand to state court * Must move for remand within 30 days after notice of removal was filed * BUT if remand is proper because federal court lacks SMJ, P can move to remand any time |
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Erie Doctrine |
For diversity cases, the federal court must examine: 1. Whether there is some federal law on point that directly conflicts with state law - if so, apply federal law, as long as it is procedural (non-substantive) 2. If there is no federal law on point, federal court MUST apply state if the issue is clearly substantive - elements of claim/defense, SOLs, rules for tolling SOLs, and conflict of laws rules 3. If there is no federal law on point, but the issue is not clearly substantive the federal court must weigh factors - outcome determinative (how will law affect outcome), balance of interests (federal vs. state interest in applying its law), and avoid forum shopping |
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Federal Common Law |
Under Erie, the general common law of contracts, torts, and property is state law * BUT if Congress passes a statute creating a new claim but does not define its limitations, the federal courts may create common law for that claim Examples of federal common law: 1. International relations 2. Admiralty 3. Disputes between states 4. Right to sue a federal officer for violation of federal rights |
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Venue |
P may lay venue in any district where: 1. ALL Ds reside (where D is domiciled), OR 2. A substantial part of the claim arose 3. BUT if all Ds reside in different districts of the same state,t then P can choose any district in which any D resides |
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Transfer of Venue |
A federal court may transfer the case to another federal court * Original court is transferor * Court to which venue is transferred is transferee * BUT can transfer to any district if ALL parties consent, AND * Court finds that there is cause to transfer Transfer statutes: 1. If the original district is a proper venue, then it can order (discretionary) transfer based on convenience of parties/witnesses in the interest of justice 2. If the original district is an improper venue, then it can transfer or dismiss |
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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: 1. Dismiss the case, or 2. Stay the case (hold the case in abeyance) 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: 1. Summons, and 2. Copy of the complaint Who can serve process: * Any nonparty over 18 years old * Detailing how service was made |
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Service of Process: How to Serve |
Process may be served by: 1. Personal service 2. Substituted service 3. Service on D's agent 4. Service of process permitted by state law 5. Waiver by mail 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: 1. Served upon the person at D's usual abode 2. Person is of suitable age and discretion who resides there 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: * Agent is permitted to receive service as part of the scope of their agency 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 * D can choose to waive formal service by returning the form within 30 days * P must file the waiver with the court * If D waives formal service he has 60 days to respond (rather than the regular 30 days) * BUT if D refuses to waive formal service, he must cover the costs of formal service |
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Service of Documents (Other than Process) |
Served by delivering or mailing to the party's attorney * If mailed, the receiving party gets an additional 3 days added to the normal period to respond * Documents may be served by e-mail ONLY IF the party consents |
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Complaint |
Requirements: 1. State the grounds of SMJ 2. Short plain statement of the claim showing how P is entitled to relief 3. Demand for relief 4. Fraud 5. Mistake 6. Special damages |
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Defendant's Response |
D must respond to the complaint by either: 1. Motion 2. Answer |
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Response Motions |
1. Motion for more definite statement - complaint is so vague that D cannot frame a response
2. Motion to strike - P raises immaterial or scandalous issues 3. Rule 12(b) motion |
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Rule 12(b) Motion |
1. Lack of SMJ
2. Lack of PJ 3. Improper venue 4. Improper process 5. Improper service of process 6. Failure to state a claim 7. Failure to join an indispensable party 8. Lack of PJ 9. Improper venue 10. Improper process 11. Improper service of process |
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Answer |
D's answer must: 1. Respond to the allegations in the complaint, and 2. Raise affirmative defenses (e.g., SOL, SOF, res judicata, etc.) 3. Admitting 4. Denying 5. Stating that he lacks sufficient information to admit or deny (has the effect of denial, BUT D must research if he can) Failing to deny an allegation is an admission of the allegation * BUT D is NEVER deemed to admit damages |
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Counterclaim |
A claim asserted against an opposing party * Usually D asserting a claim against P * MUST meet federal SMJ requirements (diversity, FQ, or supplemental jurisdiction) * After D asserts a counterclaim, P must respond within 21 days Types: 1. Compulsory 2. Permissive |
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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 * The only time a counterclaim need not be raised in the pending case, is if the claim as already been filed in another case |
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Crossclaim |
A claim asserted against a co-party * MUST arise from the same T/O as the underlying action * MUST meet federal SMJ requirements (diversity, FQ, or supplemental jurisdiction) * BUT the crossclaim is NOT compulsory (may be asserted in a separate case) |
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Additional Attached Claims |
Once a party has filed a claim (claim, counterclaim, or crossclaim), the party may attach additional claims * MUST meet federal SMJ requirements (diversity, FQ, or supplemental jurisdiction) |
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Amended Pleadings |
Right to amend * P has right to amend once within 21 days after D serves first response * D has a right to amend once within 21 days of serving his answer * If neither party has a right to amend, they may seek leave of court if justice so requires (based on delay, prejudice, futility of amendment) |
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Variance from Pleading |
If evidence at trial does NOT match what had been pleaded, then the evidence: * Is inadmissible ONLY IF D objects * May be admitted, but the party must move to amend their pleading to conform to the evidence |
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Relation Back: Amendment After SOL Has Run |
Joining a new claim * Amended pleadings relate back IF they concern the same conduct or T/O as the original pleading (treat amended pleading as if it was filed along with original pleading) Changing a defendant after SOL has run relates back if: 1. Concerns the same conduct or T/O as original D 2. New D knew of THIS case within 120 days of its filing, and 3. New D also knew that but for the mistake, D would have been named originally |
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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 * Within the court's discretion |
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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... 1. Paper is not for an improper purpose, and 2. Legal contentions are warranted by law (or are nonfrivolous arguments for change in law), and 3. Factual contentions or denials of fact have evidentiary support |
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Rule 11 Violations |
If Rule 11 is violated, sanctions may be imposed on: 1. Party 2. Attorney 3. Law firm 4. First serve the motion on the other party, but NOT file it 5. Give the other party a safe harbor of 21 days to fix the problem and avoid sanctions 6. If the problem has not been fixed within 21 days, the party may then file the motion Court can raise Rule 11 issues on its own (sua sponte) * Court issues an order to show cause for the violating party to explain themselves |
