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12 Cards in this Set

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  • Back
Personal Jurisdiction
A court has personal jurisdiction over a defendantthe state in which the court sits
[1] has some connection to the Df
[2] is the location of the incident giving rise to the Pl's claim
Subject Matter Jurisdiction
A Federal court may hear
[1] cases regarding Federal law, US treaties, or constitutional provisions
[2] Diversity Jurisdiction Cases
Diversity Jurisdiction
[Subject Matter Jurisdiction}
A Federal Court may hear cases where both
[1] the amount in question is $75k or more
[2] all Pls are Domiciled in different states than all Dfs
Domicile
[Diversity Jurisdiction]
Established by both
[1] residency and
[2] intent to remain indefinitely (no definite plans to leave)
American System
Unless an agreemend is made, each party pays their own attorney fees
Fee Shifting by Contract
Parties to contracts may insert a clause w/in the contract requiring the loser to pay winners fees in any resulting litigation
Fee Shifting by Common Law
Attorney's fees may be awarded as damages for parties against whom malicious or groundless claims are brought
Fee Shifting by Statute
Civil Rights Attorney's Fees Act of 1976 provides that courts may award Pfs whose actions result in the [1] enforcement of [2] a public interest
Fee Waivers in Settlements
[Fee Shifting by Statute]
No ban because [1] waivers are bargaining chips [2] settlement $ should go to clients, not lawyers (especially in cases against U.S.)
Fee Shifting Costs other than Attorney's Fees
Rule 54(d): costs other then attorney fees allowed to prevailing party
[1] unless statute says otherwise
[2] unless against U.S. (only when a statute indicates)
Offer of Judgment on Specific Terms
Rule 68 allows either
[1] Df to offer judgment on specific terms ($) at least 10 days b4 trial
[2] Liable party to offer judgment on specific terms at least 10 days before award determined
[3] if no offer accepted, and judgment obtained by offeree is not more favorable than the offer, must pay costs incurred by offerer after offer made
Common Fund
When judgment for Pl creates a common fund benefiting 3rd parties, they have obligation to pay Pls attorney fees