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46 Cards in this Set
- Front
- Back
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Statutory bases for: -Federal question jdx -Diversity jdx -Supplemental jdx |
-1331 -1332 -1367 |
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-Federal statute has private right of action -Claim has no federal issue, but defense could use federal issue as defense -P sues on state law, but turns on fed law |
-Federal question -Well-pleaded case. Can't file in fed ct, but D can remove to fed ct -Depends on how important the fed issue |
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-Diversity jdx: amount in controversy.
Defer to what ___ unless it is ___ that ___. -If no one claim is over ___, then ___ but not ___, except for ___ |
-Defer to what P is claiming -Unless clear to legal certainty that can't recover more than 75K -No one claim over 75K, but can add claims for single P. Can't add different Ps together, except for class axns. |
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Diversity jdx: diversity of litigants
Fed cts require ___, meaning... |
-Complete diversity -CA v. WA = complete -CA, WA v. WA = partial; can't go to fed ct |
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-Corporate citizenship -Individual citizenship |
-Corp: where Inc. *and* principal place of business; could have more than one state -Where domiciled (where you were last resident with intent to remain indefinitely) |
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Supp jdx: stepwise analysis |
1. Arise out of same case/controversy (common nucleus of operative fact)? - No: no Sjdx. - Yes, move to 2. 2. Is there a federal question? - No, diversity only: no Sjdx - Yes, move to 3 3. Court can always exercise discretion & refuse |
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Removal: stepwise analysis |
1. Could P have brought case in Fed Ct? -Federal Q: can remove -Diversity: can't remove if local D (b/c reason for removal is protect out-of-state Ds) 2. With multiple Ds all just join in motion 3. Must occur in 30d; if P amends then 30d from amendment. If diversity, can't remove after 1y 4. Fed Ct can remand if improper |
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Personal jdx: long-arm statute |
Fed ct can reach as far as a state court could in that circumstance |
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3 ways to assert jdx over a defendant |
in personam = D's relationship with state in rem = over property (seized) quasi-in-rem = over property in order to get to person (same analysis as in personam) |
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In personam jdx: 5 ways |
1. Domiciled in state: can always be sued 2. Service of process while D physically in state 3. Express consent or K's forum selection clause 4. Implied consent by driving through 5. Based on contacts in state |
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Pjdx: based on contacts: two ways |
1. General jdx (so many contacts, can sue D for anything in that state) 2. Specific jdx (long arm statute reaches + minimum contacts for constitutionality) |
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Minimum contacts test |
1. Contact is related to the cause of action 2. D has purposely availed himself of the market in the forum state (e.g. sell product) |
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Venue proper in 3 ways |
1. If all Ds in same state, district where any D resides 2. District where substantial part of case occurred or property exists 3. If no other district...Diversity: where any D subject to Pjdx; FedQ: where any D can be found |
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Residence for corporations, in venue context |
Wherever a court has Pjdx over the corp
(Could be located in FL, incorporated in DE, but if NY has Pjdx over Corp, then Corp resides in NY for venue purposes) |
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Form of summons |
1. Signed by clerk 2. say which court, which parties 3. directed to D 4. Name & address for P's atty 5. Tell D when need respond, warn what happens if don't respond 6. contain court seal |
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For service of process the ___ and ___ are served by ___ on ___ for individuals or ___ for corporations |
-Summons and complaint -Anyone not the P and over 18 -On individual at usual place and abode with someone of reasonable age -Officer or manager authorized by law or appointment |
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P usually requests waiver of service. If D waives, he gets ___; if he doesn't waive he has to ___.
If process is insuffcient, D may ___ |
-Gets extra time -Has to pay for formal service
-Can riase in response or in motion to dismiss |
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Complaint must contain 3 things |
-Basis of jdx -Short & plain statement (notice pleading) -Demand for relief |
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If D files motion to dismiss, risks waiving... if not raised in... |
-Waive Pjdx, venue, process, svc of process -If not raised when do pre-answer motion to dismiss, answer (unless in amended answer), or amended answer in 21d |
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If D answers, must... |
1. Specifically respond 2. Raise 12b defenses 3. Include affirmative defenses |
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D can counter-claim. -Compulsory counterclaim -Permissive counterclaim |
-Counterclaim is about same events (can't bring a later case) -Counterclaim is random claim against this P (could wait to bring later if wanted) |
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Can amend pleadings without ct permission ___ Can amend otherwise ___ or ___ with standard of ___. New claims treated as if filed with original claim if ___ New parties added relate back when ___, and ___ |
-Once, in 21d of svc of original pleadings -With other P's permission, or ct's permission, when justice so requires (easy standard) -New claims when pertains to same events -New parties when same event, and new D had notice of original claim in 120d of service, and knew they should have been real D |
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Rule 11 |
-All writings submitted to ct must be signed -By signing say that under information, knowledge, and belief formed after reasonable inquiry, claim not improper, objective good faith basis, facts have support or will after discovery -Safe harbor: give 21 days to cure problem -Ct can still impose sanctions sua sponte |
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Compulsory joinder is not when ___: key concept is ___, and applies in cases where ___. Ct will dismiss if ___ |
-Not when P simply didn't name another potential defendant -Prejudice to an absent party -Where another's rights are at stake; would have to either join or dimiss case -Ct determines whether action should proceed without absent party, if P could get same relief in other court |
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-P sues D, in a franchise relationship. Results against D would dissolve another franchise, so would harm another Party. -If other party can't be joined, P could still ___ |
-This is compulsory joinder b/c must join other Party or there would be prejudice -Damages, instead of specific performance |
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Interpleader includes claim over ___ or ___ and is used to ___ |
-Property or money -Get all the stakeholders in the axn, so that person isn't sued by multiple people for same transaxn |
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Impleader occurs where ___ |
-D brings in third party D who is liable to D for the thing that D is liable to P for -Not blame. Claim. |
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Class actions require 5 elements
-Ct need not have ___ over absent Ps if ___
-Settlement must be... |
1. Numerosity 2. Commonality 3. Typicality 4. Representativeness (counsel adequate) 5. Good reason for using class
-No need Pjdx if give adequate notice -S must be fair, reas, in interest of class |
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Standard for discovery is... |
1. Relevant to claim/defense 2. Not privileged 3. Not so cumbersome or expensive that outweighs value of discovery |
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With work product, can get during discovery if ___ and ___
With consulting experts, this is not discovery unless ___ |
-Can get work product if can show substantial need + can't get elsewhere without hardship -Experts, can't unless no other means |
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-Number of depositions, duration -Number of written interrogatories |
-10, 1d7h -25 presumptive limit |
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When parties disagree, the proponent may file ___ and opponent may file ___, and court will award atty fees unless ___ |
-Motion to compel -Motion for protective order -Ct awards fees unless losing party substantially justified in its position |
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Initially, parties must disclose... |
1. ID, location, name/address of anyone with discoverable info 2. Copy or description of all docs 3. Damages sought, how to calculate 4. Info regarding insurance policies |
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Experts: -P must produce ___ of ___ within ___ of trial
-If parties will use expert, must deliver report from the witness, must contain... |
-P must provide written report with info and opinions by expert within 90d of trial
-Opinions, data/info basis, exhibits, qualifications, other cases involved in, statement of compensation |
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Dismissals: -For SMJdx, Pjdx, venue, failure to join party -Other involuntary dismissals (e.g. fail to state claim) -Voluntary dismissal before D answers or files motion for SJ -By motion ask Ct to dismiss voluntarily |
-Without prejudice -With prejudice -Without prejudice -Without prejudice unless court says otherwise |
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Jury selection through the ___ process. 3 bases for challenges... Peremptory chalenge okay unless ___ |
-Voir dire process -Disqualified (not a valid juror), Implied bias (relationship with P or atty), Actual bias -Without cause, unless for race or sex |
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Judgment as a matter of law occurs ___ and the standard is ___ |
-Once P fully heard, D can motion -Standard is same as SJ: looking at evidence in light most favorable to non-moving party, is moving party entitled to win? |
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Renewed motion for judgement as matter of law occurs ___ and has the standard of ___, but have to ___ in order to preserve right. |
-Made within 28d of jury decision -Standard same as SJ and JML -Must make JML motion in order to renew |
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-Motion for New Trial, standard -Conditional new trial, 2 types -Relief from judgment or order, standard |
-If procedural error was harmful, within 28d -Remittitur & additur: D/P makes motion; Ct says to P/D will order new trial unless P/D agrees to less/more dmgs -Clerical error, new evidence, fraud by other party; in reasonable time |
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On appeal, what are standards: -Conclusions of law -Findings of fact -Interlocutory (e.g. ___) and other |
-de novo -clear error -e.g. collateral order (resolves important order not regarding merits, like bond) abuse of discretion |
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Res judicata is ___ and prevents ___ such as ... |
-Claim preclusion -Prevents re-litigation of claims -Same parties, same claim -Prior case dismissed with prejudice -Damages to property & damages to person |
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Collateral estoppel is ___ and prevents ___ such as ... |
-Issue preclusion -Prevents re-litigation of same issue -2 cases with same Ps, and issue in common already decided in first action |
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Non-mutual estoppel occurs where ___ and can be used defensively when ___ and offensively when ___ |
-Against party who was not part of first case -Defensive non-mutual collateral estoppel: P lost in first case, sues another D on same issue -Offensive non-mutual CE: D lost on issue, another P wants to use in their claim. Ct has discretion, if fully & fairly litigated |
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If a criminal defendant was acquitted, the prior issue ___ be used in a civil case
If a criminal D was convicted, the prior issue ___ be used in a civil case |
-May not be used -May be used |
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Erie doctrine occurs when either ___ or ___ and there is a ___.
Seeks to reduce ___ but still respect ___ while also maintaining ___ |
-Fed Ct sits in diversity, or Fed Ct has piece of case where state law applies bc SuppJdx -And there is a difference in way state rules handle compared to fed rules
-Reduce variation, respect limited jdx of Fed ct and state law, maintain way cases processed in Fed Ct |
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How to analyze Erie cases |
1. Is the issue difference procedural or substantive? Keep building why one or other. 2. Substantive; with Fed statute or Const on point, then use Fed Rules; if not, then state. 3. Procedural; covered by FRCP, apply Fed. 4. Procedural, not covered by FRCP, Fed Statute or Const. Balance interests, avoid result that encourages forum shopping. |
