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49 Cards in this Set
- Front
- Back
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What are the two primary types of cases that a federal court may hear?
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Diversity of Citizenship cases:
(i) action must be between "citizens of different states" (ii) amount in controversy must exceed $75,000 Federal Question cases: Complaint must show a right of interest founded substantially on a federal law. |
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How is a corporations citizenship determined?
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A corporation is a citizen in the (1) state where incorporated AND is also a citizen in (2) the ONE state where the corporation has its principal place of business (PPB).
PPB determined by: (i) nerve center (where decisions are made); and (ii) muscle center (where the corporation does most "stuff") |
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How is the citizenship of an unincorporated association (LLC, partnership, etc.) determined?
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Citizenship = citizenship of all its members (so if members are citizens of 50 states, then association is as well.
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How does the rule regarding aggregation of claims work?
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A single plaintiff can aggregate his claims against one defendant. However, multiple plaintiffs MAY NOT aggregate their claims against a defendant.
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May a claim for equitable relief satisfy the amount in controversy requirement for federal court?
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Yes, if either of the following two tests is met:
(1) P's viewpoint: Does D's action result in a $75,000 or greater loss? (2) D's viewpoint: Would it cost D more than $75,000 to comply? |
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What is the "well-pleaded" complaint rule in federal court?
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P's claim, properly pleaded, must be based on federal law.
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(1) What is supplemental jurisdiction? (2) What is the test? (3) What are the limitations, if any?
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(1) In certain situations, it allows an additional claim that does not meet diversity, FQ, or amount in controversy requirements, when P has one claim that meets diversity or FQ.
(2) TEST: Additional claim must share a "common nucleus of operative fact" (same Transaction or Occurrence) with the proper FQ or diversity claim. (3) LIMITATIONS: (1) P can't overcome diversity: If original claim is diversity, additional claim that is not FQ or diversity cannot be joined. But if original claim is FQ, then additional claim can be joined even if not FQ or diversity. |
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May the court reject a supplemental claim if plaintiff meets the test for supplemental jurisdiction?
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YES, a court has discretion NOT to hear the additional claim if (1) the FQ is dismissed early in the proceedings; or (2) if the state law claim is complex; or (3) if state law issues would predominate.
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(1) What is removal? (2) What is the general test for removal?
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(1) It allows D's (only) to have state court case "removed" to federal court. Goes from state trial court to federal trial court. Federal trial court can remand back to state court.
(2) The general test: D can remove if case could be heard in federal court (if it invokes diversity or FQ + amt in controversy). |
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(1) Assuming removal is appropriate, where can a state court case be removed to?
(2) When must D remove? (3) In the case of multiple defendants, can only one D remove? |
(1) Only to the federal district embracing the state court in which the case was originally filed.
(2) D must remove NO LATER than 20 days after service of the first removable document (usually this means after the initial service of process is filed, but if the case became removable only after a subsequent document is filed, then 30 days after that document). (3) No, all defendants must agree. |
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What are the two special rules regarding removal jurisdiction and diversity cases?
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(1) If any D is a citizen of the forum state, removal is prohibited.
(2) D can never remove diversity case more than one year after it was filed in state court. |
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What is the procedure for removal?
What result if removal was procedurally improper? |
(1) D must file notice of removal in federal court, stating removal grounds;
(2) must sign per Rule 11; (3) must attach all documents served on D in state action; (4) must copy to all adverse parties; (5) must file copy of notice in state court. If removal was procedurally deficient, P must move to remand within 30 days. But, if no federal jurisdiction, P can move to remand anytime. |
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What is the basic concept of the Erie Doctrine?
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In diversity claims, the federal court must apply STATE SUBSTANTIVE law, but will apply federal law, such as the FRCP, if it's "arguably procedural."
Substantive law examples (obvious): (1) elements of claim or defense; (2) statute of limitations; (3) rules for tolling statutes of limitations; (4) conflict (or choice) of law rules. If there is a valid FEDERAL law directly on point that CONFLICTS with state law, apply the federal law based on the Supremacy Clause. |
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What are the three tests to determine whether a state law is substantive or "arguably procedural"?
Hint: (the OBA test) |
(1) Outcome determinative: would applying or ignoring the state rule affect the outcome?
(2) Balance of interests: does either federal or state system have a strong interest in having its rule applied? (3) Avoid forum shopping: if the federal court ignores state law on this issue, will it cause parties to flock to federal court? If so apply state law. |
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What is the concept of venue?
What are the two classifications of cases when determining venue? What may a court do if venue is improper? |
A venue is the EXACT federal district where a case is heard.
(1) Local actions: actions that involve ownership, possession or injury to land. MUST be filed int the district where the land is. (2) Transitory actions: all other actions. MAY be filed in any district where: (i) all defendants reside (see definition below) OR (ii) a substantial part of the claim arose. "RESIDE" means: *Individuals = domicile *Corporations = ALL districts where they are subject to personal jurisdiction when the case is filed. If venue is improper, court may transfer, if in the interests of justice, or dismiss the case. |
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What are the rules regarding transfer of venue?
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(1) Can only transfer a case to a district where case COULD have been filed.
(2) If original venue is proper, may transfer to another district, based on convenience of parties and witnesses and "the interest of justice." (3) Court has discretion to order transfer based upon: (i) public factors (burden to community) and (i) private factors (convenience to parties) (4) Court to which case is transferred applies the choice of law rules of ORIGINAL COURT. |
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What is the rule of Forum Non Conveniens?
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If there is a far more appropriate court elsewhere to which transfer is not possible (example: foreign court), court may DISMISS or STAY to let P sue D there.
*Decision not affected by the fact that P may recover less other court. **FNC dismissal rarely granted if P is resident of present forum. |
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What is the basic idea of service of process?
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Basic idea: P must give notice to D by delivering (1) a summons (formal court notice of suit and time for response) AND (2) a copy of P's complaint (these two documents = "process").
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What are the requirements for a valid service of process?
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(1) Only non-party who is 18+ may serve;
(2) Personal service: may be delivered to D anywhere in forum state. (3) Substituted service: process must be left with someone other than D if: (i) it's delivered to D's "usual abode" AND (ii) it's served to someone of suitable age and discretion who resides there.(NOTE: CA rules different). (4) Served within 120 days of filing case (unless good cause shown); otherwise dismissed without prejudice. (5) Process can be delivered to D's agent if receiving service is within scope of agency. (6) State law methods of service are permitted in federal court. (7) Waiver by mail: Process must be mailed to D by first class mail, postage paid. Valid if D returns waiver for within 30 days (by doing so, D waives formal service) (8) Process delivered to D in another state is valid if other state's law allows. (9) D is immune from service if only in-state to be a witness or party in another civil case. |
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What are pleadings?
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Documents that set forth claims and defenses.
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What does Rule 11 require with regard to all pleadings, written motions, and papers (except discovery documents)?
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Signatory certifies, that to the best of her knowledge and belief, after reasonable inquiry:
(1) paper is not for improper purpose; (2) legal contentions are warranted by law; and (3) factual contentions and denials have evidential support (or will have) |
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How does a party allege a Rule 11 violation and what are the consequences of a Rule 11 violation?
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(1) A party can bring motion for Rule 11 violation. The party allegedly is in violation has 21 days "safe harbor" to withdraw or fix document.
(2) Court can raise Rule 11 violations on its own. Party has no safe harbor in this situation. (3) Court can impose monetary sanctions or non-monetary sanctions, after giving party a hearing. |
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What are the requirements for a proper complaint in federal court?
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(1) statement of subject matter jurisdiction;
(2) short and plain statement of claim, showing P is entitled to relief; and (3) demand for judgment **Must plead facts supporting a plausible claim. |
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What special matters must be plead with particularity or specificity?
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Fraud, mistake, and special damages.
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How may D respond to complaint? When must he respond?
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(1) motion or (2) by answer within 20 days after service of process (or risk default).
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What is a motion?
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A request for a court order.
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Which Rule 12 motions are waivable unless included in D's response?
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If D does not include these by motion or in his answer, he has waived them:
(1) lack of personal jurisdiction (2) improper venue (3) insufficiency of process (4) insufficient service of process |
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What must a defendant include in his answer and when must it be filed?
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Must be filed within 20 days after service of process if D makes no motions; if D makes Rule 12 motion and it's denied, he has 10 days to answer.
In answer, D must: (1) Respond to allegations of complaint. Can (i) admit, (i) deny, or (iii) state insufficient information. (2) Raise affirmative defenses (or else risk waiver) (3) Assert counterclaim, if any |
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Discuss counterclaims.
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It is an offensive claim against an opposing party. Must invoke diversity/$75K, FQ, or supplemental.
Compulsory counterclaim: Must be filed in pending claim, or it is WAIVED. Compulsory if claim arises from the same T/O as P's claim. Permissive: does not arise from same T/O as P's claim. Can file it with answer or assert it in a separate claim (no risk of waiver). |
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What's a cross claim? Discuss.
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It is an offensive claim against a CO-PARTY. Must arise from same T/O as underlying claim.
Cross-claims are NEVER compulsory. |
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Do plaintiffs and defendants have a right to amend their complaints and answers?
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YES.
*P has right to amend ONCE before D serves answer (if P amends, D must answer within 10 days or remaining time on original answer). **Defendant has right to amend ONCE within 20 days of serving his answer. **If party has no right to amend, can seek leave of court. Granted if (1) delay and/or (2) prejudice. |
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What is the rule of variance?
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Can't go "beyond the pleadings" at trial. At or after trial, P can move to amend complaint.
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What is the rule regarding the "relation back" of new claims?
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Amended pleadings "relate back" to the original complaint (means you treat as if it was filed on original filing date, thus avoiding statute of limitations) if they concern the same conduct, transaction, or occurrence as the original pleading.
Can change a defendant after statute has run only if: (i) it concerns same conduct, T/O as original; (ii) new party knew of the action within 120 days of filing; and (iii) also knew that, but for mistake, she would have been named too. |
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What are the requirements for joinder of parties (plaintiff or defendant)?
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Claims must arise from same T/O AND raise at lease one common question.
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When is joinder of a party required by the court?
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When an absent party (absentee) is deemed "necessary and indispensable."
An absentee is necessary if any one of the following applies: (1) without absentee, court can't accord complete relief (multiple suits possible); (2) **absentee's interest may be hared if not joined (practical harm); or (3) absentee claims an interest which subjects a party (usually D) to multiple obligations. |
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When is it feasible to join a necessary party? What must the court do if a necessary party cannot be joined?
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Joinder is feasible if:
(1) there is personal jurisdiction over him; and (2) joining him will not destroy diversity If a necessary party cannot be joined, the court must: (1) proceed without absentee; or (2) dismiss the entire case FACTORS IN THIS DECISION: (a) is there alternative forum available? (b) what is the actual likelihood of prejudice?; (c) can court shape relief to avoid prejudice? If court dismisses case b/c can't join party, that party is termed an "indispensable" party. |
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What is impleader?
When can Defendant implead? |
When a defending party wants to bring in a third-party defendant (TPD) because the TPD may owe indemnity or contribution to defendant on the underlying claim.
D must implead within 10 days after serving its answer; after that, must get permission from court. |
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Can plaintiff and TPD assert claims against each other?
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Yes, so long as the claims arise under the same T/O.
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What is intervention by an absentee?
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When an absentee wants to join a pending suit.
Intervention of right: Absentee has a intervention of right, if her interest may be harmed if she is not joined and her inters is not adequately represented now. Permissive Intervention: Absentee's claim or defense and the pending case have at least one common question. Discretionary with court; OK unless delay or prejudice. If plaintiff-intervenor is not diverse from a defendant, she will NOT be able to assert supplemental jurisdiction over the claim. *P's can't use supp to overcome lack of diversity. |
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What is interpleader?
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One holding property (stakeholder) forces all potential claimants into a single lawsuit to avoid multiple litigation and inconsistency.
Rule interpleader: Stakeholder must be diverse from every claimant. Statutory interpleader: One claimant must be diverse from one other claimant. Rule: Amount in controversy must exceed $75,000. Statutory: $500 |
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What are the initial requirements for a class action lawsuit?
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(1) Numerosity (too many class members for practicable joinder)
(2) Commonality (there are some questions of law or fact in common to class) (3) Typicality (representative's claims/defenses typical of those of the class; AND (4) Representative is adequate (he will fairly and adequately represent the class) |
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What are the secondary requirements for a class action?
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Class action must fit within one of three situations:
(1) Class treatment necessary to avoid inconsistent results or the impairment of the interests of unnamed parties. NOTICE TO CLAIMANTS NOT REQUIRED (2) Defendant has acted or refused to act on grounds applicable to the class and injunction or declaratory relief is appropriate for the class as a whole. NOTICE TO CLAIMANTS NOT REQUIRED **(3) common questions predominate over individual questions; AND a class action is the superior method to handle the dispute. NOTICE TO ALL CLAIMANTS IS REQUIRED |
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What are the final requirements for a class action?
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Court must decide "at an early practicable time" whether to CERTIFY the case to proceed as a class action.
If court certifies: (1) must define the class, claims, issues, or defenses (2) appoint class counsel Class representative pays to give notice to all class members for "damages" class actions. NOTICE must inform class members (1) of the option to opt out; (2) that they will be bound by the judgment if they don't; and (3) they can enter a separate appearance through counsel. |
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What is the jury requirements under the federal system?
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(1) 7th Amendment right to jury in civil actions;
(2) jury does not decide equity cases (3) Must make demand for jury trial in writing (4) each side can remove for cause (unlimited); each side has three "peremptory" challenges. (5) jury must be between 6 and 12 jurors (6) Motion for judgment as a matter of law (directed verdict) -- can take case away from jury (when reasonable people could not disagree on the result) |
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What is a motion for judgment as a matter of law (formerly known as a directed verdict)?
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It is an exceptional order, that takes case away from jury and allows court to make judgment.
-- D can make motion at end of P's evidence and end of all evidence. -- P can make motion only at close of all evidence. Court must view evidence in light most favorable to the nonmoving party. |
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What law is a federal court exercising diversity jurisdiction is required to apply?
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Under the Erie Doctrine, must apply the substantive law of the state in which it is sitting but apply federal procedural law.
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What is the result when a federal procedural rule has the effect of tolling a state's statute of limitations?
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The procedural rule will not be applied.
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Can persons who were neither parties nor in privity with a party to a previous suit be bound by issues decided in that suit?
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No, collateral estoppel cannot apply to such persons as this would violate their due process rights.
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May a plaintiff save a related claim (cause of action) that arose under the same transaction or occurrence as his present claim to assert as a separate claim in the future?
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NO. A plaintiff MUST assert all his claims arising under the same transaction or occurrence. If plaintiff does not bring these claims along with the current claim, he is barred from asserting them in the future.
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