Civil Procedure -- Fed Jurisdiction

Front 1

Two Step analysis for Analyzing personal jurisdiction?

Back 1

Can the court exercise jurisdiction under:

1) State Long-arm statute
2) The Constitution

Front 2

Activities that will subject a Defendent to personal jurisdiction in Utah

Back 2

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.

Front 3

General test for PJ under the Constitution

Back 3

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?

Front 4

General Rules about assessing minimum contacts for PJ

Back 4

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

Front 5

In Rem Jurisdiction

Back 5

Attaches to property rather than person, but claim must relate to property to be constitutional.

Front 6

Two bases for Federal Subject-Matter Jurisdiction

Back 6

1) Diversity of State Citizenship

2) Federal Question

Front 7

Two requirements for Federal Diversity Jurisdition

Back 7

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)

Front 8

Requirement for Federal Question Jurisdiction

Back 8

Must show a right/interest founded primarily in federal law

Front 9

Test for Supplemental Jurisdiction

Back 9

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.

Front 10

Limitations on Supplemental Jurisdiction

Back 10

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

Front 11

Court discretion on Supplemental Jurisdiction

Back 11

Court can elect NOT to hear a supplemental claim if:

1) the federal question is dismissed early on

2) state law claim is complex

Front 12

Requirements to remove a case from state court to federal court

Back 12

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

Front 13

The Erie Doctrine -- Basic Rule

Back 13

In diversity cases, federal court must apply substantive state law. BUT, Federal procedures apply

Front 14

Erie Doctrine -- Easy cases where state law applies

Back 14

1) Elements of claim,
2) statute of limitations,
3) rules for tolling statute of limitations, and
4) state choice of law rules.

Front 15

Venue Rules

Back 15

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

Front 16

Rule regarding transfer of venue

Back 16

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

Front 17

Service of Process

Back 17

Look over this stuff. Chelsey's really hot

Front 18

Basic rule regarding pleadings

Back 18

Only required to:

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

"Notice" pleadings.

Front 19

Rule 11

Back 19

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

Front 20

Definition of and requirements for a "complaint."

Back 20

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

Front 21

Two options for a Defendent's response to the complaint

Back 21

1) Motion (not a pleading, requests for a court order)

2) Answer (Basically a pleading, responding to complaint)

Front 22

Most typical assertions in Defendants' motions

Back 22

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

Front 23

Typical contents of a Defendant's answer

Back 23

Generally, D will respond to allegations by:
1) Admitting facts
2) Denying facts
3) Claiming insufficient information
4) Raising affirmative defenses

Front 24

Definition of a Counterclaim

Back 24

Assertion of claims that D has against P -- filed along with answer.

Front 25

Compulsory Counterclaims

Back 25

Those arising from the same transaction or occurrence as P’s claim -- they must be filed with the answer or they are waived

Front 26

Permissive Counterclaims

Back 26

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

Front 27

Cross-claims

Back 27

Claims against a co-party

Must arise from the same T/O as original claim

Front 28

Basic rule on Joinder

Back 28

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

Front 29

Joinder -- Necessary and Indispensable Parties

Back 29

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

Front 30

Steps in a Joinder problem

Back 30

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)

Front 31

Definition of Impleader

Back 31

Original D wants to add a new D because new D may owe indemnity or contribution to the original D on the underlying claim

Front 32

Steps for Impleading a new defendent

Back 32

1) File third-party complaint naming new D as third party defendant
2) Serve process on third party defendant

Front 33

Jurisdiction questions on all issues of Joinder and Impleader

Back 33

1) Does Court have PJ over new party?

2) Does it have SMJ? First, look at FQ and Diversity. If not

Front 34

Definition of Intervention

Back 34

Absentee wants to join pending suit as either P or D

Front 35

Types of Intervention

Back 35

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)

Front 36

Requirements for class certification in a class-action suit?

Back 36

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

Front 37

Notice to the class in a Class-action suit

Back 37

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

Front 38

Class Actions -- Settlements or dismissals

Back 38

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

Front 39

Pleadings -- Certain claims that must be pleaded with specificity

Back 39

o 1) Fraud
o 2) Mistake
o 3) Special Damages

Front 40

SMJ in a class action

Back 40

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

Front 41

Class actions -- 2005 Additions

Back 41

Diversity Jurisdiction is allowed if:
1) ANY class member is diverse from ANY Defendant
2) Aggregated amount in controversy exceeds $5 mllion

Front 42

Types of Discovery

Back 42

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

Front 43

Scope of Discovery

Back 43

Generally, can discover anything relevant to a claim or defense

Not Discoverable:
1) Privileged info.
2) Work product (trial preparation materials)

Front 44

Obtaining work product materials in Discovery

Back 44

Can get if party shows:
1) Substantial need
2) Not otherwise discoverable

Front 45

Dealing with discovery violations -- partial violation

Back 45

2 steps
1) Court order compelling discovery and production
2) If this order is ignored→ Rambo sanctions

Front 46

Dealing with discovery violations -- Total Violation

Back 46

One step -- Rambo Sanctions

Front 47

Discovery -- RAMBO Sanctions

Back 47

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

Front 48

Rule 12(b)(6), failure to state a claim

Back 48

Analysis:
Assuming all of Ps factual claims and allegations are true, can he win as a matter of law?

If not, case is dismissed

Front 49

Rule for Summary Judgment

Back 49

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

Front 50

Directed Verdict – Motion for judgment as a matter of law

Back 50

1) Either side can motion at the conclusion of their case.

2) Standard: Reasonable people could not disagree on the correct result.

Front 51

Judgment Notwithstanding Verdict

Back 51

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

Front 52

Motion for new trial -- grounds

Back 52

1) Something unfair – Eg. Bad jury instruction
2) New evidence
3) Misconduct – Juror, prosecutor, etc.
4) Judgment Against Weight of Evidence

Front 53

General rule regarding appeals

Back 53

Final Judgment Rule:
You can generally only appeal FINAL judgment on ENTIRE case.

Front 54

Requirements for Claim Preclusion

Back 54

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)

Front 55

Rules regarding Issue Preclusion

Back 55

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