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44 Cards in this Set

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2 primary bases for fed ct jurisdiction
1. arising under fed law
2. diversity jurisdiction
What does "arising under" mean?
A claim arises under federal law if the claim is either

i. Created by federal law, or

ii. If the claim depends on a substantial federal question (i.e. Cons question).
What does it mean to have diversity jurisdiction?
Federal courts also have jurisdiction over claims in which there is complete diversity (no single P may be a citizen of the same state as any single D) and where the amt in controversy exceeds $75k.
Determining citizenship for indiv, corps, aliens
1. indiv = domicile
2. Corps - 1) stat of its incorp and 2) state where principal place of business is (bulk of physical activities takes place)
3. Aliens: 1) Pure aliens - not admitted as perm resids - may sue a nonalien, and there will be diversity and vice versa. May NOT sue another pure alien in fed ct based on diversity 2) Perm resid aliens - not deemed to be aliens at all; merely citizens of the state of their perm resid 3) Amer cits domiciled outside Amer may NEVER sue or be sued based on divjuris in fed ct (not citizens of any state)
supplemental jurisdiction
If the IBX Q involves 2 claims, and there is a primary juris basis for one but not the other, the fed ct nonetheless has discretion to assert suppl juris over both claims if they derive from a common nucleus of fact
Exception: if the only primary juris basis is diversity, ther can never be supp juris over new add'l claims brought by the P against nondiverse D's.
Perfect answer: "addresses arising under, diversity, supp juris
Removal
D's may remove an action from state ct to the fed ct that geo embraces the state court if there is fed juris over the removed claims. Exception: If, however, the only juris basis is diversity.
The Erie Doctrine
Predicates:
1) Fed ct resolves a claim that does not arise under federal law (I,e., diversity or supplemental jurisdiction)

2) There is conflict between a provision of state law and a provision of federal law

"State law governs unless there's a federal statute, federal rule or trial by jury."
Personal jurisdiction In fed ct
"Unless a fed statute expressly grants PJ, a fed ct merely borrows the PJ law of a a state where it sits."
Service of Process in fed ct
A WASP!
1) Abode service
2) waiver
3) agent service
4) state methods
A WASP!
Abode service
The auth server (any non party over 18) may leave the process at the D's last and usual abode with someone resident therein if suitable age & discretion (typically 13+)
Waiver
The P simply mails the complaint to the D w/ a request that the D waive formal process (get more time - in fed ct, usu only get 20 days to respond; waive, you get 60)
Agent service
Personal in hand deliv on an auth agent or managing agent of a D
State methods of service of process & federal cts rule
a fed ct may also always use any avail process method in the state where it sits
Constitutionality of process means...
Reas calculated to apprise interested parties of litigation
Venue is proper...(finish sentence)
Venue is proper in a district where either
i. Any D resides - if all D's reside in that same state. Individuals reside where they're domiciled and entities reside where they do substantial business
ii. Any substantial part of the claim arose
general pleading reqs
fed cts are a notice pleading regime. Therefore, in fed ct, complaints need not generally contain facts, merely sufficient info to place the adversary on notice of the plausible claims asserted against it, except fraud. Fraud claims in fed ct must be pled with particularity.
responsive pleadings that will be waived unless consolidated together in the first responsive pleading
i. Motion to dismiss for lack of PJ
ii. Motion to dismiss for improper service of process
iii. Any motion challenging venue (dismissing or transferring)
Amendments - rule
"In fed ct, amdmts shall be freely given to do justice and save the merits" (TIP: so answer Y if Q is "do you grant amdmt - unless SOL problem, but consider relation back)
Relation back of new claims
amendmt adding new claims relates back in time to conform to the SOL if the new claims derive from the same transaction or occurrence as the original timely filed claims
Relation back of new parties
in fed ct, amdmts adding new parties are ok if 2 things are true: 1) if the claims against the new party derive from the same transaction or occurrence as the orig timely filed claim, and 2) the new party must acquire knowledge that but for a mistake in name, it would have been sued w/in 120 days of the filing of the orig timely complaint
Joinder
- joining parties/claims to the same suit - liberal and sometimes compulsory
Joinder of Claims rule
assuming juris, a P may join as may claims as it has against a D regardless of any connection whatsoever
Joinder of Parties rule
assuming juris, a P may join parties to a suit so long as the claims involving those parties derive from the same trans or occurrence or at least the same series of transactions
Multi-party, multi-forum, jurisdiction act
- all persons having a claim arising from a single accident,at a single, discrete location at which at least 75 people have died, may join as Ps so long as any sing P is a citizen of a different state than any single D (opposite of complete diversity!)
Counterclaims (2 kinds)
BAR FAVE!!! - a claim filed by the D against the P
i. Permissive - a ctrclaim that does not derive from the same trans or occurrence as the P's claim. Claim could be filed as a later separate action
ii. Compulsory - a comp ctrclaim is a ctrclaim that does derive from the same trans or occurrence as the P's claim, therefore, it's compulsory and must e filed as a ctrclaim - USE IT OR LOSE IT
Impleader
- 3rd pty claims - D's may implead a brand new claim against a brand new 3rd party if that 3rd party may be liable to the D for all or part of the D's same liab to the P (indemnity or contribution claims)
Interpleader
- bigger deal - the holder of a common fund may initiate a lawsuit as a P and interplead as D's all rival claimants to its common funds (minimal div is enough)
Intervention
like state civ pro - the act of a nonparty in moving to become a party in an ongoing lawsuit
i. As a right - the intervenor as the rt to intervene if it has an interest that will be adversely offered by the lawsuit and not protected by the parties
ii. Permissive - discretionary - ct has discretion to grant if there's a commonality of issues but those in the oingoing lawsuit and those effecting the intervention
Indispensable parties
a nonparty who can't be joined (no juris) to an ongoing lawsuit and whose absence from that lawsuit is so prejudicial to the existing party's right to a full and fair adjudication that the entire action must be dismissed for failure to join an indispensable party.
Class actions
an action in which a named P represents a class of commonly situated absent Ps. Under the class action fairness act, the fed cts now also have juris over class actions in which 1) 100+ Ps, 2) amt exceeds $5m in agg, and 3) any P is from a diff state as from a diff D.
Class action certification requirements (CANT)
i. Commonality - common issues
ii. Adequacy - FAVE!!! - named P & class counsel must fairly & adeq rep the class interest
iii. Numerosity - the class is so numerous that joinder = impracticable
iv. Typicality - the claims of the named P are typical of the class
v. Additional cert reqs if CA is seeing money - (PS)
1) Predominance - the common issues over indiv issues
2) Superiority - the CA device is a superior method of adjudicated multiple claims. In actions seeking $, the ct must order notice to the class and the rt to opt out
Automatic prompt disclosure
- each side must automat, without awaiting any requests, disclose
a) all potential supp. witnesses,
b) All relevant supp. documents,
c) A damages computation
d) Relevant insurance coverage
e) Full reports of testifying experts at least 90 days before trial
f) Topics of lay testifying witnesses at least 30 days before trial
Duty to supplement
each side has an auto ongoing duty to update its prior disclosures w/in a reasonable time of disclosing any new info
Scope -when is material in scope of discovery?
material lies w/in the scope of discovery if it is relevant and not privileged
Not privileged (work product)
2 types:
i) Mental impressions - NEVER loses privilege ii) Everything else - all other forms of work product other than the above. Generally NOT discoverable unless you make a showing of a subs need for the material such that you would suffer and undue hardship. Hardship = can't get any other way (like witness is dead)
Summary judgment
- no genuine issue of material fact. After the motion has been filed, the burden transfers to the nonmoving party and it becomes their burden to demonstrate a genuine issue of fact at trial
Judgment as a matter of law
- insufficient evidence basis and no reasonable jury. After the adversary has completed its case, this motion may be made and will be granted if there's an insuff evid basis from which any reas jury could find for the nonmoving party (typically denied)
Renewed motion for judgment as a matter of law (JNOV)
If an orig motion for judgment as a matter of law was made before the jury went out, this motion may be filed after the verdict and will be granted if there was an insufficient evid basis from which a reas jury could have found for nonmoving party. Loser files.
New trial
- the fed judge has discretion to grant a new trial if 1) there are errors affecting the parties substantial rts, or 2) the verdict was against the manifest weight of the evidence
Right to trial by jury
i. must file written demand w/in 10 days of the service of the last pleading which contains, or responds to the, the jury-triable claim.
ii. Constitutional right - if the claim seeks primarily monetary damages, there is the right to trial by jury
Res judicata
- a claim which has been fully & fairly litigated to a final judgment on the merits may not be relitigated by the parties
Collateral estoppel
an issue which has been fully & fairly litigated as part of a final judgment on the merits cannot be re-litigated by the parties
Finality rule
"Therefore the parties, but only the parties, are barred from relitigating claoms or issues which they have already litigated fully and fairly to a final judgment on the merits." NON parties not bound.
Exception to rule re: final orders and appeals
As a rule, only final orders may be appealed to the appellate cts. Exceptions:
1) Partial final order - order resolving some claims against some parties but not all claoms against all parties may be appealed immediately if no just reas to delay the appeal
2) Discreetionary appeal of interlocutory order - if both the dist ct and the app ct cert that a) Doubt/angst b) On a controlling legal issues, such that
c) Appellate review would materially advance the litigation