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21 Cards in this Set
- Front
- Back
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personal jurisdiction
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Power over the parties. Same as state court. (can they sue in NY)
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subject matter jurisdiction
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Power over the case. (state or federal court). Can only hear (1) diversity of citizen, and (2) federal question.
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subject matter jurisdiction
diversity and alienage |
(1) Diversity and alienage- (a) action must be between “citizens of different states” or between “a citizen of a state and a citizen of a foreign country” and (b) the amount in controversy must exceed $75,000.
•Complete diversity rule- there is no diversity of citizenship jurisdiction if any P is a citizen of the same state as any D. •An alien admitted to the US for permanent residence is treated as a citizen of the state in which she is domiciled. •A citizen is a citizen of the US state where they are domiciled. If born in the US but living outside the US, not “citizens.” You can only have one domicile, therefore you can only be a citizen of one state. •Domicile: (a) presence in the state- physical, and (b) intent to make it your permanent home- mental. •Treat D.C. as a state. Test for diversity when the case is filed. •Citizenship of corporations: (1) where it is incorporated, and (2) where it has its principal place of business- corp’s can have 2 states of citizenships. Still need complete diversity. oPrincipal place of business: where managers direct, coordinate, and control corporate activities. Called nerve center- usually headquarters. oIf unincorporated (partnerships, LLP)- use citizenship of all members, general and limited. Not principal place of business, where incorporated, just citizenship of all states of members. •Decedents, minors, incompetents- look to their citizenship, not the citizenship of their representative. •P’s good faith claim must exceed $75,000. The claim alone, not the costs etc. Must be at least $75,000.01. Whatever the P claims, unless it is clear to a legal certainty that P cannot recover more than 75k. What P actually wins is irrelevant to jurisdiction; however, they may have to pay D’s costs- not attorneys fees. Usually, the loser pays the winners cost. Each party pays her own attorneys fees unless there is a statute or rule that allows recovery of attorneys fees. •Aggregation: where P must add 2 or more claims to meet the amount in controversy requirement. Aggregate P’s claim if there is 1P v. 1D. oFor joint claims, use the total value of the claim, the number of parties is irrelevant. •When suing for equitable relief: either (1) does the encroachment decrease the value of P’s property by more than 75k, OR (2) would it cost the D more than 75k to comply with the injunction. oFederal courts will not issue a divorce, alimony, or child custody decree, will not probate a decedents estate. |
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subject matter jurisdiction
federal question |
Federal question- complaint must show a right or interest founded substantially on federal law- constitution, legislation. Claim must arise under federal law.
•Some patent infringement, bankruptcy, and antitrust cases can only be brought in federal court. •Well pleaded complaint rule- if the complaint were well-pleaded, just stating the P’s claim, without extraneous material, would it be federal? (is P enforcing a federal right- if you say the fed law doesn’t apply, or stops you from doing something- its not a federal right). |
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subject matter jurisdiction
additonal claims. |
Additional claims- Every claim asserted in federal court must have federal subject matter jurisdiction. Including cross, interpleader etc. If it doesn’t fit, try for supplemental jurisdiction- cannot be used to get a case into federal court, only after a case is already in fed court.
•If the additional claim does not have subject matter jurisdiction- the claim must share a common nucleus of operative fact with the claim that invoked federal subject matter jurisdiction. oWhen the claim arises from the same transaction or occurrence as original claim. Except: in a “diversity” case, a “P” cannot use supplement jurisdiction, to overcome a lack of “diversity” (can be lack of amount). Limitation does not apply to federal questions. Limitation does not apply to problems with amount in controversy. • Court has discretion not to hear supplemental claim if: (1) federal question were dismissed early in the proceeding, (2) state law claim is complex, or (3) state law issues would predominate. |
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removal
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A D sued in state court might be able to remove to fed court. It is a one way street. No later than 30 days after service of the first removable document- usually service of process. Some will be removable later. Can only be removed to the federal district embracing the state court.
Can only remove if the case would invoke diversity or Fed quest. All D’s must agree. A P can never remove, even if d on counter claim. In diversity cases, no removal is D is a citizen of the forum- ok if that person is dropped. In a diversity case, there is no removal more than one year after the case was filed in state court. Procedural: D files notice of removal in federal court, stating grounds. Attach all documents give to all adverse parties. Then file a copy of the notice in state court. If removal was procedural improper- P can move to remand within 30 days. If its based on lack of subject matter jurisdiction P can move to remand any time. •Permissive counterclaims- waive right to removal. Compulsory- don’t waive. |
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Erie
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whether the court must apply state law on some issue?
In diversity cases, the federal courts must apply state substantive law. (1) is there a fed law on point? (statute of FRCP, or FRE that directly conflicts with state law- if so apply fed law as long as its valid). Supremacy clause. (2) If no fed law on point, is this issue- (1) elements of a claim or defense, (2) statute of limitations, (3) rules for tolling statutes of limitations, or (4) conflict of law- they are substantive, must apply state law. (3) In no fed law on point, and its not above, but u have fed judge that wants to ignore state law, if its one of substantive law, must follow state- •Substance- (1) outcome determinative- if it affects outcome-apply state law, (2) balance of interest- strong interest in having its law applied, (3) avoid forum shopping- will it cause the parties to flock to federal court. |
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venue
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oWhich federal court. Which federal district.
oLocal actions- cases about ownership, possession, or injury to land. Filed in district where the land lies. oTransitory- P may lay venue in any district where : (1) all D’s reside-there may not be a district that meets this, or (2) a substantial part of the claim arose. Where all D’s resides in different districts of the same state, P can lay venue in the district in which any of them reside. Resides: human- where domiciled. Corporations and other associations- where subject to personal jurisdiction when the case is filed. oTransfer of venue- sending a case from one fed district court to another. Can only be transferred to another fed district where the case could have been brought- to a proper venue that has personal jurisdiction over the D. Statutes- if venue in the original jurisdiction is proper, court may transfer to another based on convenience of parties, convenience of witness, and interest in justice. Overrides P’s choice of forum, look at private and public actors to see if other court is center of gravity. •Public- things like what law applies, what community a jury should be drawn from. •Private- convenience- assess where the witnesses and evidence are. Choice of law: law of the state the case was originally file. •If original district is improper, court may transfer in interest of justice, or dismiss. |
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service of process
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o(1) summons and (2) compliant.
oWithin 120 days of filing. If not, dismissed without prejudice, unless P shows good cause for a delay in the serving. oWho may serve: any non-party who is at least 18. How: (1) any method permitted by FRCP or (2) law of state in which court sits, or (3) law of the state in which the service is effected. FRCP-(a) personal service anywhere in forum state. (b) substituted service- ok, if D’s usual abode, and serve someone of suitable age and discretion who resides there.(c) agent service- D’s agent authorized to receive service. oWaiver of service- mail D a copy of complaint and 2 copies of waiver, prepaid means of returning. If D returns within 30 days P files with court. This waives service, not defenses. If D fails to return without good cause, D must pay the cost of personal/substituted service. A fed court in NY can serve process outside NY only if a NY state court could. |
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joinder of parites
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oProper parties- (1) arise from the same transaction/occurrence, and (b) raise at least 1 common question.
oNecessary/required parties- without them, (1) cannot afford complete relief among those already joined, (2) absentee’s interest will be harmed if he isn’t joined, or (3) absentee claims an interest which subjects a party to possibility of multiple obligations. Joint tortfeasors never necessary. oCan they be joined: (1) personal jurisdiction over the party, (2) joined without destroying diversity. If he cant be joined: (1) proceed without him, or (2) dismiss the entire case. How does the court decide: balance- (a) alternative forum where everyone may be joined—state court??, (b) real likelihood of harm to anyone if you proceed without absentee, (c) can court shape order to avoid harm. •If court dismisses, the party without jurisdiction is “indispensible.” |
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joinder of parites
claim by the D |
Counter claim- claim against an opposing party. Filed in D’s answer.
•Compulsory counterclaim- arises from the same transaction/occurrence as P’s claim. MUST be filed with answer in pending case or its waived. Can bring a separate case. •Permissive- doesn’t arise from same trans/occurrence, doesn’t have to be asserted in pending case. If you did not have to answer, then you did not have to assert the counter (motion to dismiss). oAssess whether there is federal SMJ. Compulsory always meet. o2nd circuit has upheld supplemental jurisdiction over permissive if it has a loose factual connection with the P’s claim. Crossclaim- a claim against a co-party. Must arise from same transaction/occurrence. Never compulsory- doesn’t have to be asserted in pending case, can be brought later. |
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joinder of parties
impleader |
A defending party who joins a TPD, because they is or might be liable to the defending party for the claim against the defending party. (indemnity/contribution). Right to implead within 14 days of serving your answer- after that need court permission.
(1) file a third party complaint, and (2) serve process on TPD (court needs personal jur). •P can assert claims against TPD if it arises from same T/O. TPD can assert claims against the P if it arises from the same T/O. oNeed SMJ. Diversity, fed quest, supplement. |
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joinder of parties
intervention |
absentee wants to join a pending suit. Chooses whether to be a P or D, court will realign if they come in on wrong side. Application must be timely.
Of right- (1) absentee’s interest may be harmed if not joined, (2) that interest is not adequately represented now. Permissive intervention- absentees claim or defense and the pending case have at least one common question. Discretionary. •Subject matter jurisdiction- |
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joinder of parties
multiparty joinder |
Interpleader- one holding money or property wants to force all potential claimants into a single case to avoid multiple litigation and the threat of inconsistent results.
•Stakeholder- person holding the property •Claimants- people who want the property. •Rule interpleader- treated as a regular diversity case. oStakeholder must be diverse from every P. o75k oRegular service oRegular venue •Statutory interpleader- o1 claimant must be diverse from one claimant. o$500 or more oNationwide service of process. oWhere any claimant resides. |
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joinder of parties
class action |
representative sues on behalf of group.
(1) too numerous for practicable joinder. (2) some questions of law or fact common in the class. (3) reps claim/defenses typical of those of the class (4) rep is adequate- adequately and fairly rep the class. Must fit: (a) prejudice- class treatment is necessary to avoid harm either to members or the parties opposing the class- lots of people claiming a fund, (b) injunction or declaratory judgment (not damages) sought because the class members are treated alike by the other party- employment discrimination, (c) damages- (i) common questions predominate over individual questions, and (ii) class action is the superior method for resolving the dispute- mass tort. Court must determine at an early practicable time whether to certify the case to proceed as a class action. If certified, it must define the class. Must appoint class counsel. Class counsel must fairly and adequately represent the class. If type 3- court must give reasonable notice- to all reasonably identifiable members, telling them to do various things: (a) can opt out, (b) will be bound if they don’t, (c) can enter a separate appearance through counsel. The rep pays to give this notice. Who is bound: all class members except those who opt out of a type 3 class. Can dismiss or settle a certified class action only with court approval. Court will give notice to get feedback, but in type 3 court may give members a second chance to opt out. Subject matter jurisdiction: if claim seeks diversity, the rep must be diverse from all D’s, reps claim must exceed 75k. Class action fairness- grant SMJ separate from diversity- allows fed courts to hear action of at least 100 class members, if any class member is diverse from any D, and the aggregated claims exceed 5M. •Local cases- most P and D from same state cant be fed. |
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Jury Trial
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Jury resolves disputes of fact. Court instructs jury on law.
7th amendment preserves it an actions at law, not equity. If it has both- get jury on law, not equity. Jury decides fact underlying law, judge decides facts underlying equity. Generally, jury trial first. •7th amendment does not apply in state court. Must demand in writing, no later than 14 days after the service of the last pleading raising a terrible issue. Vior dire: unlimited strikes for cause, 3 peremptory strikes. No race or general discrimination b/c jury selection is state action. |
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Jury
motion for judgment as a matter of law. |
takes the case away from jury, after the other side has been heard at trial, at the close of other parties evidence at the end of trial.
Standard: reasonable people could not disagree on the result. Court will view evidence in light most favorable to the nonmoving party. |
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Jury
renewed motion for judgment as a matter of law |
judge didn’t grant JMOL and let jury decide facts. Jury returns verdict, court enters judgment. Losing party moves, if granted ends in judgment for that party. Must do no later than 28 days after entry of judgment.
Standard: reasonable people could not disagree on the result. Generally, court will view evidence in party most favorable to the nonmoving party. Must have moved for JMOL at trial. |
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jury
motion for new trial |
Jury reaches verdict, court enters judgment. Must move within 28 days. Need error requiring retrial. Prejudicial error at trial, new evidence could not be discovered at trial, prejudicial misconduct, judgment against weight of evidence.
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pleadings
Defensive pleadings |
a defending party may respond no later than 21 days after service on her.
(1) answer is a pleading- D must (1) respond to allegations of the complaint, and (2) raises affirmative defenses. (2) Motions are not pleadings- they ask the court to order something, like require P to make a more definite statement or to strike a pleading or to dismiss the complaint. Defenses that can be raised either by answer or motion: (1) lack of SMJ, (2) lack of PJ, (3) improper venue, (4) insufficient process, (5) insufficient service of process, (6) failure to state a claim, (7) failure to join an indispensible party. •Lack of PJ, improper venue, insufficient process, and insufficient service of process. Must be put in your first response or they are waived. •Failure to state a claim, and failure to join indispensible party can be raised any time through trial. •Subject matter jurisdiction never waived. |
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Pleadings
notice pleadings |
Compliant must contain: (1) statement of SMJ, (2) short and plain statement of claim, showing entitlement to relief, and (3) demand for judgment.
Need not be made with great specificity or particularity. Require only notice pleading, meaning there are sufficient facts to put the other side on notice. Must plead facts supporting a plausible claim. •Must plead with specificity or particularity in the case of: (a) fraud, (b) mistake, (c) special damages. oSpecial damages are those that do not normally flow from an event. |
