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78 Cards in this Set

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2 ways for a federal court to obtain SMJ over a suit?
1) Diversity or
2) Arise under federal question
EXPLAIN Complete diversity SMJ?
P must plead $over $75k and must have complete diversity from any D. If P is from same state as as D then no diversity and must go to state court
For determining citizenship for diversity of a human being what is looked at?
Primary domicile of party
How is domicile determined?
At time of suit, primary domicile based on intent and physical presence
How to determine corporation's citizenship?
2 ways?
1) State of its incorporation and 2) state where it has PPB located (bulk of physical activities)
How to determine citizenship for partnerships and LLC's
every single member counts as a separae domicile party for diversity
What is domicle for legal alien?
State they live in
Can illegal alien sue another illegal alien in diversity suit
HELL NO
Can an illegal alien sue a legal alient?
YES
Can an American citizen domiciled outside the US ever sue or be sued on diversity?
NO
Explain Supplemental Jurisdiction?
Way to attach non-federal question and non-diversity claim to suit in federal court if the original suit is based on a federal questionm and derives from common nucleus of operative facts
Explain Removal by Defendant
When Plaitniff brings suit in state court, if there is diversity or fed ? basis then D can remove UNLESS D is citizen of that state court then stuck
Under Erie doctrine, what is consequence if there is a conflict between rule of Civi procedure, FRE or issue of trial by jury?
ALWAYS APPLY FEDERAL LAW
Under Erie doctrine, what is resut is conflict between federa and state substantive law?
STATE LAW GOVERNS
What PJ law will federal court use?
Will use the same PJ law in the state where it sits unless there is a federal statute granting PJ
2 requriements for proper serivce of process?
1 Must be constitutional
2) Need proper method authorized by FRCP
5 ways authoritzed for proper service of process
1. Abode=Last/usual abode+w/ resident+suitable age/discretion
2. Waiver=Get 60 days instead of 20 to answer if waive in mail
3. Agent=on authorized or managing agent
4. State methods=Borrow any process method of state in which it is sitting
5. Personal Service=In hand or within vicinity of reluctant defendant
Biggest difference between IL and FED service of process
On abode service need to leave with resident of suitabe age and IL says 13
When is service of process consitutional
When method used is resonably caluclate to apprise interested parties of litigation
What is proper venue mean
To be in proper district
When is venue proper for a defendant individual? 2 different ways?
1)district any D reisdes in as long as all D's reside there or do substantial busienss 2) Any district where substantial part of claim arouse
Explain motion to transfer venue
Fed ct has discretion to transfer for convenience of parties and witnesses
What kind of pleading type if federal courts?
NOTICE PLEADING, no facts just any statements that give notice of claim (unlike IL need some facts)
What is the exception in fed ct where you have to plead specificity of facts in a complaint
FRAUD claim
These 3 objections will be waived in for pleaded in answer within 20 days or 60 days of service if waived?
PJ
Improper service
challenging venue
What is policy on amendments?
Liberally given
How can party get in claim that is barred by S of L?
1) original claims timely filed 2) new claim relates to same T/O of original tomely filed claim
How can new party be added when S of L lapsed? 2 requirments
i. Claim against new party derives from same T/O as earlier original timely filed claim ii. Brand new party must have acquired knowledge that but for a mistake in name, he would have been sued (knowledge must have been obtained within 120 days of filing earlier complaint)
What is a Rule 11 sanction?
When discovery rules not followed after telling parties to follow them
Can P join as many claims against defendant?
Yes under SJ as long as original claim is federal question
How does joinder of parties work?
Can join as many parties as he wants as long as as the claims involving the additonal parties derive from same T/O or at least the same series of T/O's
Explain the Multi-party, Multi-forum Jurisdiction Act for huge accident
All persons having a claim arising from a signle accident at a discrete location where at least 75 people have died may all join as P's so long as any P is a citizen of a different state from any D and suit involves 2 different states)
What is a countercaim
When P sues and D comes back with his own suit against P
Explain permissive counterclaimns in fed ct?
any claims that P has that are not related to same T/O can be filed or not at a different proceeding
Explain compulsory counterclaims
Any related T/O claims MUST BE FILED or will be barred res judicata, unlike ILL
Explain difference between IL and Fed regarding counterclaims
In IL if claim related dont have to bring but in fed it is compulsory to bring or barred resjudicata
Explain IMPLEADER
When P impleads a claim agaisnt a new party if liable to D or P for all or partial liability
Explain 2 different types of Interpleader in fed cts
RULE 22=need complete diveristy b/t stakeholder and all claimants

SECTION 1335=Amt in controvery only needs to be $500 AND only need minimla diveristy ( only 1 claimant must be diverse thats it)
What is the exception in fed ct where you have to plead specificity of facts in a complaint
FRAUD claim
These 3 objections will be waived in for pleaded in answer within 20 days or 60 days of service if waived?
PJ
Improper service
challenging venue
What is policy on amendments?
Liberally given
How can party get in claim that is barred by S of L?
1) original claims timely filed 2) new claim relates to same T/O of original tomely filed claim
How can new party be added when S of L lapsed? 2 requirments
i. Claim against new party derives from same T/O as earlier original timely filed claim ii. Brand new party must have acquired knowledge that but for a mistake in name, he would have been sued (knowledge must have been obtained within 120 days of filing earlier complaint)
Explain SJ to adding claims
Can file as many claims against D as long as have federal question for one claim
Explain joinder of additional parties
P may join as many parties as it wants to so long as the claims involving the additonal parties derive from same T/O or at least the same series of T/O's
Expain the special Multi-party, Multi-forum Jurisdiction Act
All persons having a claim arising from a signle accident at a discrete location where at least 75 people have died may all join as P's so long as any P is a citizen of a different state from any D and suit involves 2 different states)
Explain Permissive counterclaims
any claims that are not related to same T/O can be filed or not so at different court)
Explain compulsory counterclaims and difference between IL
Unlike IL, any related T/O claims MUST be filed or will be x'd) in IL can bring related claims later in separate suit
How can P implead a claim against a new party?
P impleading a claim agaisnt a new party if liable to D for all or part of same liability to P)
Explain 2 different Interpleader statutes
Rule 22
i. Complete diversity b/t stakeholder and all claimants
ii. Excess of $75k


Section 1335
i. Amt in controversy need only be $500
ii. Only minimial diversity needed (Only 1 claimant must be diverse from other)
Explain indispensible parties
(A non-party who cannot be joined as party and whose absence is so prejudicial to existing party's rights to full and fair adjudication that entire action must be xd for failure to join indispensible party)
Explain the special class action fairness act rule to get jurisdiction in class action suits
there is fed jurisdiction for class actions in which there are 100 or more P's whose amount together equal $5M so long as any P is a citizen of a different state from any defendant)
What is the 4 requirments for all class actions
1. Commonality (common issues of fact or law pertaining to class)
2. Adequacy (Named P and class counsel must fairly and adequately protect the class)
3. Numerosity(class is so numerous that joinder of them all would be impracticable)
4. Typicality=claims of named P are typical of the class)
What are the 2 additional requirments if class action is for money
5. Predominace=common issues predominate over individual issues
6. Superiority=Class action device is superior method of adjudicating mutliple claims
2 requirments for discovery
1) method proper
2) within scope of relevant defense or claim and not privileged
4 proper methods of discovery in fed court
1. automatic prompt disclosure
2. deps on parties
3. Inter on parties or witnesses
4. On going duty to supplement
What are 5 automatic discovery requirments
1. all potential supporting W's, 2. all relevant supporting docs, 3. damages computation, 4. insurance coverage, 5. Full reports of testifying experts 90 days before trial, topics of all testifying W's 30 days before trial
What is limit on deps?
Only used on parties and each side only gets 10 each, each one cannot last longer than 7 hrs
Explain ongoing duty to supplement?
must update prior disclosures within reasonable time of discovery
What is scope of discovery?
releavnt to defense or claim and not privileged
What is privileged
WPD and AC
Explain WPD
any material prepared in advance for litigation and has mental impressions of attorney is not discoverable But all other forms of WPD are discoverable if showing of substantial need and undue hardship if could not obtain WPD
Explain Motion for SJ
No genuine issue of material fact and judgment proper as matter of law) (after filed burden transfers to non-moving party)
Explain motion for losing party motion for new trial
If lose case trial ct has discretion to grant if erros affecting parties substantial trial rights, or verdict was merely agaisnt manifest weight of evidence)
Explain how party gets motion for jury at law
File written deman wuithin 10 days of service of last pleading which contains or respons to jury triable claim) Only have cons right to law not equity to get trial
Explain Res judicata
Any claims that either were brought and litigated or could have been brought because they were from same transaction or occurrence are barred from being brought again.
3. Can only be used defensively.
4. If a judgment is for the D on the merits the claim is extinguished and the P is barred from raising the claim again
Example of res judicata
Case#1= P bring action for damage to his motorcycle and wins
Case#2= P brings action from injury from motorcycle accident but this is barred because he could have brought this action in the first case because arouse from same T/O.
What is issue preclusion (collateral estoppel)
Regardless of what party actually wins, any ISSUE actually litigated in the suit decides for anything in the future. And any party that tries to re-litigate said issue is estopped from doing so
Explain defenses colateral estoppe
As of right when Defendant won on issue and new party trying to re-litigate issue then can use judgment as a shield
Explain discretionary offenseive collateral estoppel
Need 1 of these 3 then can use:1. If P’s could have joined case#1 then ct should deny the use of issue preclusion as offensive
2. If there are conflicting decisions (some going one way and some going other) Just because D loses one judgment should not be able to use it because conflict in the results on that issue
3. If the first suit was just for a tiny amount and D did not put up a big fight because did not foresee another suit and then second suit is asking for $5M.
What is jurisdiction of fed appellate courts
Only final orders may be appealed and a final order is one leaving nothing left to be done in lower court)
2 Exceptions where appellate ct cab review non final order
1) Partial Final order (order that resolves some claims agaisnt some parties, may be reviewed right away as long as ower ct finds no just reason to delay its appeal
2) Discretionary appeal of Intelocutroy order if both Dis Ct and App ct certify that
i. Doubt =very close call not sure got it right
ii. Controlling legal issue such that appellate reivew would materially advance litigation
Forum selection clauses are valid as long as what 3 things
no reasonable basis for choice of forum, no true consent, or law of state selected contrary to public policy
what will the name be of the hawthorn league we will bowl in this summer
TEAM BECKER
what is mike millers favorite pop
PEPSI
Has luckbuck ever tried to blow himself?
YES
Was he successful?
NO but he made a good attempt2
on what date did mike miller make whoppi with sweetcheekies?
2nd date