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12 Cards in this Set
- Front
- Back
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Personal Jurisdiction
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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 |
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Subject Matter Jurisdiction
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A Federal court may hear
[1] cases regarding Federal law, US treaties, or constitutional provisions [2] Diversity Jurisdiction Cases |
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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 |
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Domicile
[Diversity Jurisdiction] |
Established by both
[1] residency and [2] intent to remain indefinitely (no definite plans to leave) |
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American System
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Unless an agreemend is made, each party pays their own attorney fees
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Fee Shifting by Contract
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Parties to contracts may insert a clause w/in the contract requiring the loser to pay winners fees in any resulting litigation
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Fee Shifting by Common Law
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Attorney's fees may be awarded as damages for parties against whom malicious or groundless claims are brought
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Fee Shifting by Statute
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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
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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.)
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Fee Shifting Costs other than Attorney's Fees
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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) |
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Offer of Judgment on Specific Terms
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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 |
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Common Fund
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When judgment for Pl creates a common fund benefiting 3rd parties, they have obligation to pay Pls attorney fees
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