Federal Civil Procedure

Front 1

Service of Process Upon a Corporation Outside of the U.S.

Back 1

Any manner for servicing an individual except personal delivery.

Means of service by international agreement, foreign law, or general international agreement.

Front 2

Choice-of-Law

Back 2

A federal district court sitting in diversity must apply the choice-of-law approach prevailing in its state.

This secures uniformity and equal administration of justice.

Front 3

"Most Significant Relationship" Test

Back 3

The state law that has the most significant relationship to the occurrence and the parties should govern.

1) place where the injury occurred,
2) the place where the conduct causing the injury occurred,
3) the place of incorporation and place of business, and
4) the place where the relationship is centered.

When contracts are split among the states, the court looks to the laws in conflict and any interest of their own states to apply their policies to the case.

Front 4

District Courts: Original Subject Matter Jurisdiction

Back 4

Federal questions that arise under the Constitution, laws and treaties of the U.S.

Diversity of citizenship where the amount in controversy exceeds $75,000

Front 5

Supplemental Jurisdiction

Back 5

Claims that don't provide subject matter jurisdiction may be combined with appropriate claims through supplemental jurisdiction if they arise out the same case or controversy.

Can attach both claims and parties to an action.

P can't use supplemental jurisdiction to circumvent the diversity requirement.

Front 6

Removal and Remand

Back 6

An action brought in state court may be removed by D to federal court if the case could have been brought by the P in federal court originally, unless the request for removal is made on grounds of diversity jurisdiction and any Ds are citizens of the forum state.

If P believes that an action was removed improperly, it make make a motion for remand to federal judge.

Front 7

Writs of Habeas Corpus

Back 7

May be based on:

1) violation of the DPC of 5th and 14th Amendment
2) violation against right of self-incrimination of the 5th and 14th
3) violation of the right against double jeopardy of 5th and 14th
4) violation of the right against cruel and unusual punishment under the 8th.

Prisoner must have exhausted all remedies available at the state level.

Front 8

Territorial Jurisdiction

Back 8

A federal court has jurisdiction over the state within which that federal district is located, under some federal causes of action created in statutes that stipulate that federal courts may exercise their personal jurisdiction nationwide, or in some circumstances, over designated person that may be served within 100 miles of the federal court house in any direction (100-Mile Bulge).

Front 9

In Personam Jurisdiction

Back 9

Defendant has physical presence in or relationship of contracts with the forum state.

Front 10

In Rem Jurisdiction

Back 10

The subject of the lawsuit is land or real property located within the forum state.

Front 11

Quasi in Rem Jurisdiction

Back 11

P seeks to attache real or personal property owned by D to be used to satisfy any judgment against D.

Front 12

Bases for Personal Jurisdiction

Back 12

Traditional: Domicile, service, consent, or waiver.

Statutory: Nationwide Cause of Action or 100-Mile Bulge

Long Arm: Minimum contacts (Specific: cause of action arose out of/related to Ds forum contacts, General: Systematic and continuous contacts within the forum), Purposeful availment (D purposefully availed himself of the benefits of the forum state), Fair play (jurisdiction does not offend traditional notions of fair play).

Front 13

Venue: Diversity Cases

Back 13

Only available venues are:
1) judicial district where any D resides;
2) the district where a substantial party of the events occurred or a substantial property that is the subject of the action is located;
3) the district any D is subject to personal jurisdiction, if there is no other district in which the action could be brought.

Front 14

Improper Venue

Back 14

If venue is improper, a federal court "shall dismiss, or if it be in the interest of justice, transfer such case to any district in which it could have been brought."

Front 15

Pleadings

Back 15

Parties must plead claims or defenses in a simple, direct, and concise manner.

Plead with particularity: issues of capacity to sue, but only when required to show the court has jurisdiction; fraud, mistake, or condition of the mind; conditions precedent, but only when denying that the condition has occurred; time and place, when testing the sufficiency of a pleading; and special damages.

Front 16

Answer

Back 16

Must be filed within 21 days of service of the complaint.

Plead all affirmative defenses in his answer or reply to a counterclaim.

Front 17

Compulsory Counterclaim

Back 17

May be based on any cause of action, even if unrelated to the subject of the complaint.

Must state any claim the pleader has against any opposing party that arises out of the same transaction or occurrence as the original claim in the suit.

Must be raised in the same trial, or the pleader loses the right to raise it ever again.

Front 18

Permissive Counterclaim

Back 18

Any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim.

Front 19

Cross-claims

Back 19

May be brought by any party against any co-party, when the claim arises out of the same transaction or occurrence as the original claim or of a counterclaim.

May include a claim that the party against whom it is asserted is or may be liable for all or party of a claim asserted in the action against the cross-claimant.

Front 20

Doctrine of Relation-back

Back 20

Treats the new claim as though it had been filed with the original claim.

Front 21

Representations to Court

Back 21

Every pleading, written motion, and other paper filed with the court must be signed by the atty of the party preparing the document, or by the party, if the party is not represented.

Front 22

"Safe Harbor" Provision

Back 22

A party may not file a motion for sanctions without first serving the motion upon the opposing party and providing the opposing party with 21 days to withdraw or correct the offending pleading, written motion or other paper.

Front 23

Joinder

Back 23

A party may join as many claims in a single action as the party has against an opposing party.

A person who is subject to service of process and whose joine...

Front 24

The Erie Doctrine

Back 24

Applies to state and federal law conflicts which arise during federal diversity and supplemental jurisdiction cases. When these conflicts arise:

+Apply state substantive law
+Apply federal procedural law