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55 Cards in this Set

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Two Step analysis for Analyzing personal jurisdiction?
Can the court exercise jurisdiction under:

1) State Long-arm statute
2) The Constitution
Activities that will subject a Defendent to personal jurisdiction in Utah
1) Transacting Business in the state
2) Contracting to supply goods in the state
3) Causing an injury in the state
4) Ownership of property in the state
5) Residing in the state during a marriage
6) Commission of sexual intercourse in the state (for paternity suits)
7. Etc.
General test for PJ under the Constitution
Does the D have such MINIMUM CONTACTS with the forum so that exercise of jurisdiction does not offend the traditional notions of fair play and substantial justice?
General Rules about assessing minimum contacts for PJ
1) Must come from purposeful availment state laws and protections
2) Measure quanitity and nature of contacts with the forum
3) Being sued in the forum must be FORESEEABLE
4) Fairness -- relatedness between contacts and the claim
In Rem Jurisdiction
Attaches to property rather than person, but claim must relate to property to be constitutional.
Two bases for Federal Subject-Matter Jurisdiction
1) Diversity of State Citizenship

2) Federal Question
Two requirements for Federal Diversity Jurisdition
1) Complete Diversity (no defendant can be from the same state as any plaintiff)

2) Amount in Controversy (must EXCEED $75,000 -- can be aggregated among different claims)
Requirement for Federal Question Jurisdiction
Must show a right/interest founded primarily in federal law
Test for Supplemental Jurisdiction
1) Plaintiff must have at least ONE CLAIM that meets Federal Question test

2) Supplemental claim must share common nucleus of operative fact with the federal one; test is met if claims arose from same transaction or occurrence.
Limitations on Supplemental Jurisdiction
1) Plaintiff CANNOT use supplemental jurisdiction to overcome a lack of complete diversity in a diversity of citizenship case

2) You CAN use supplemental jurisdiction to overcome lack of diversity in FQ cases

3) You can ALSO use supplemental jurisdiction to overcome lack of amount in controversy on a claim
Court discretion on Supplemental Jurisdiction
Court can elect NOT to hear a supplemental claim if:

1) the federal question is dismissed early on

2) state law claim is complex
Requirements to remove a case from state court to federal court
1) Federal SMJ must apply (diversity or federal question)
2) Case can ONLY be removed to federal court embracing the state court where the case was brought.
3) Must remove no later than 30 days after SERVICE of the first document that made case REMOVABLE (NOT filing)
4) All defendants MUST agree
The Erie Doctrine -- Basic Rule
In diversity cases, federal court must apply substantive state law. BUT, Federal procedures apply
Erie Doctrine -- Easy cases where state law applies
1) Elements of claim,
2) statute of limitations,
3) rules for tolling statute of limitations, and
4) state choice of law rules.
Venue Rules
Local Actions (involving questions related to land): MUST bring action in state where land lies

Non-local Actions -- P may lay venue where:
1) All Ds reside
2) Substantial portion of the claim arose
Rule regarding transfer of venue
Can only transfer to a district where case could have been brought

Meaning
1) Must be a proper venue
2) Must have proper PJ over D
Service of Process
Look over this stuff. Chelsey's really hot
Basic rule regarding pleadings
Only required to:

Convey enough of one’s contentions to put others on notice and allow for meaningful response

"Notice" pleadings.
Rule 11
Requires attorney or pro se to sign and certify ALL documents

Certification is that documents are:
1) NOT for an improper purpose
2) Nonfrivolous legal arguments
3) Factual contentions are supported by evidence
Definition of and requirements for a "complaint."
Definition: Principal pleading for the plaintiff.

Requirements
1) Statement of Jurisdiction
2) Statement of claim ("Notice" pleading is all that's required)
3) Demand for judgment
Two options for a Defendent's response to the complaint
1) Motion (not a pleading, requests for a court order)

2) Answer (Basically a pleading, responding to complaint)
Most typical assertions in Defendants' motions
1) Lack of SMJ
2) Lack of PJ
3) Improper Venue
4) Insufficiency of Process
5) Insufficient service of process
6) Failure to state a claim
7) Failure to join an indispensible party
Typical contents of a Defendant's answer
Generally, D will respond to allegations by:
1) Admitting facts
2) Denying facts
3) Claiming insufficient information
4) Raising affirmative defenses
Definition of a Counterclaim
Assertion of claims that D has against P -- filed along with answer.
Compulsory Counterclaims
Those arising from the same transaction or occurrence as P’s claim -- they must be filed with the answer or they are waived
Permissive Counterclaims
If it does not arise from the same T/O, it does not have to be asserted in the pending case

Can sue under separate action
Cross-claims
Claims against a co-party

Must arise from the same T/O as original claim
Basic rule on Joinder
Co-Plaintiffs can join claims or single plaintiff can name multiple Ds if:

1) ARISE from same transaction or occurrence AND
2) Raise at least ONE common question of law or fact
Joinder -- Necessary and Indispensable Parties
An absentee is necessary if:
1) Without absentee court cannot accord complete relief
2) Absentee’s interest may be harmed if not joined (most important)
3) Absentee claims interest which subjects D to multiple obligation or liability.

NOTE: JOINT-TORTFEASERS are NOT necessary
Steps in a Joinder problem
1) Is Joinder feasible?
Yes if:
A) There is PJ over party being joined
B) Joining him will not destroy diversity

2) If Joinder is not feasible, two choices:
A) Proceed without him
B) Dismiss the whole case (must consider fairness and prejudice to parties)
Definition of Impleader
Original D wants to add a new D because new D may owe indemnity or contribution to the original D on the underlying claim
Steps for Impleading a new defendent
1) File third-party complaint naming new D as third party defendant
2) Serve process on third party defendant
Jurisdiction questions on all issues of Joinder and Impleader
1) Does Court have PJ over new party?

2) Does it have SMJ? First, look at FQ and Diversity. If not
Definition of Intervention
Absentee wants to join pending suit as either P or D
Types of Intervention
1) Intervention of right – Absentee’s interest may be harmed if she is not joined

2) Permissive intervention – Absentee’s claim or defense in the pending case have at least one common question (court has discretion whether to allow)
Requirements for class certification in a class-action suit?
1) Numerocity – too many class members to make joinder feasible
2) Commonality – with questions of both law and fact
3) Typicality – Representatives claims/defenses must be typical of those in the class
4) Representative is adequate – will fairly and adequately represent class
Notice to the class in a Class-action suit
Only required in Damages cases

Must notify all reasonably identifiable class members that:
1) they can opt out
2) they’ll be bound if they don’t opt out
3) they can enter a separate appearance through counsel
Class Actions -- Settlements or dismissals
Court approval is required

Court will give notice to class members for feedback on whether case should be settled or dismissed

In damages cases – court will give them a second chance to opt out
Pleadings -- Certain claims that must be pleaded with specificity
o 1) Fraud
o 2) Mistake
o 3) Special Damages
SMJ in a class action
Federal Question -- ALWAYS applicable if a federal claim is present.

Diversity -- If Representative is Diverse from All Ds and his claims exceed $75k, diversity allowed.

See: 2005 Additions
Class actions -- 2005 Additions
Diversity Jurisdiction is allowed if:
1) ANY class member is diverse from ANY Defendant
2) Aggregated amount in controversy exceeds $5 mllion
Types of Discovery
1) Depositions
2) Interrogatories (no more than 25 w/o court approval)
3) Requests for production
4) Physical exams (need a court order)
5) Requested Admissions
Scope of Discovery
Generally, can discover anything relevant to a claim or defense

Not Discoverable:
1) Privileged info.
2) Work product (trial preparation materials)
Obtaining work product materials in Discovery
Can get if party shows:
1) Substantial need
2) Not otherwise discoverable
Dealing with discovery violations -- partial violation
2 steps
1) Court order compelling discovery and production
2) If this order is ignored→ Rambo sanctions
Dealing with discovery violations -- Total Violation
One step -- Rambo Sanctions
Discovery -- RAMBO Sanctions
Order to establish fact or jurisdiction
Strike from Pleadings
Disallow Evidence
Dismiss Case (must have bad faith)
Default Judgment (must have bad faith)
Sanctions against attorneys→ Liable for costs if they COUNSELED bad acts
Rule 12(b)(6), failure to state a claim
Analysis:
Assuming all of Ps factual claims and allegations are true, can he win as a matter of law?

If not, case is dismissed
Rule for Summary Judgment
Moving Party must show:

1) No genuine dispute as to material issues of fact
2) They are entitled to judgment as a matter of the law

NOTE: If facts alleged by only one side -- no dispute exists
Directed Verdict – Motion for judgment as a matter of law
1) Either side can motion at the conclusion of their case.

2) Standard: Reasonable people could not disagree on the correct result.
Judgment Notwithstanding Verdict
Renewed motion for judgment as matter of law

After jury verdict -- Losing party files motion

Standard:
Reasonable people could not disagree on the result, even thought jury thought otherwise
Motion for new trial -- grounds
1) Something unfair – Eg. Bad jury instruction
2) New evidence
3) Misconduct – Juror, prosecutor, etc.
4) Judgment Against Weight of Evidence
General rule regarding appeals
Final Judgment Rule:
You can generally only appeal FINAL judgment on ENTIRE case.
Requirements for Claim Preclusion
1) Same P, Same D
2) Final Judgment on the Merits (Not on the merits: Jurisdiction, Venue, Indispensible party)
3) Same Claim -- Same T/O
(Minority Rule Same primary rights asserted)
Rules regarding Issue Preclusion
1) Final Judgment on the Merits
2) Issue actually litigated
3) Issue essential to the judgment
4) Only asserted AGAINST party to the first case
5) Can be asserted BY:
A)Traditional View: party to first case
B) Modern View: by D if P had a fair opportunity to litigate the issue in the first case; usually not by P, but possible exception if it would not be unfair