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56 Cards in this Set
- Front
- Back
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What is claim preclusion?
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After final judgment on merits, litigants consider issue decided if:
Identity of parties claimants have asserted all potential claims. |
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Fine, now what is issue preclusion?
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1. Valid final judgment
2. Issue litigated, not defaulted 3.. issue identical 4. final judgment on merits 5. opportunity to be heard 6. Not inequitable |
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There are different kinds of jurisdiction. They are
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Subject matter
Personal In rem |
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What are elements of Federal Question jurisdiction?
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Case arises under Federal statute, regulation, treaty, con or common law.
Must be clearly pleaded in the complaint. |
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What is pendent jurisdiction?
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Where court takes jurisdiction over state law claim which comes from same operative nucleus of fact. Op nuc fact is where court would expect it all to be in one action
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What is supplemental jurisdiction?
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Where novel or complex issue of state law or
where state claim predominates over Fed claim or where fedl court has dismissed all Federal claims. |
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What happens to statute of limitations while a claim is being litigated in fedl court?
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It is tolled
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Domicile is......
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Intent to remain indefinitely in forum and living there
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Diversity
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Citizens of different states or
Foreign citizen and forum citizen or alien in their state against defendant of absolutely distinct state AND $75,001.00 |
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Corporations Legal Reps Class Action Reps and Jurisdiction
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Corp is where it incorporated and where principal place of business
Legal rep is where Dead Guy lived, same is true with infant or incomp All Class Action P's determine citizenship |
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Can a P create diversity?
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Yes if he moves before suit and move is genuine, motive is irrelevant beyond that b/c it can be manufactured.
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Once diversity case is filed, can P move to opponent's state?
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Sure, dumbshit b/cause subject matter jurisdiction is figured at time of filing.
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Is absolute diversity required for an interpleader action?
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No, only minimal diversity where only one D is diverse from one P.
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Aggregation of claims between diversity p and ds
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1. P may aggregate all his claims against one D even if not related.
2. P cannot aggregate claims against separate Ds unless claims are the same. 3. Several Ps can aggregate claims against one D when enforcing a common right or interest. |
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Can a counter-claim be aggregated?
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Not if it is compulsory but if not yes.
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Personal Jurisdiction is a bitch. Other than that, what it is?
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Sovereign can excercise jurisdiction over any person or property over any person or property in the jurisdiction so long as they can be served there.
Federal court and state court have same range of jurisdiction in one place. |
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Four steps to adequate jurisdiction are....?
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1. Has D been adequately served under Rule 4.
2. Does state have long arm statute? 3. Does state meet minimum requirements test (are there sufficient minimum contacts between non resident D and the forum state so as to not offend traditional notions of fair play and justice. |
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What is the International Shoe Test?
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Look for sufficient minimum contacts between forum and nonresident D so as to not offend traditional notions of fair play and substantial justice.
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What are other concerns at play (other than I-Shoe) when we consider personal jurisdiction?
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Did the defendant avail himself of the substantial protections of the forum's state statutes?
Could the defendant forsee being brought into court in forum state and did D have systematic and continuous activity in the state? |
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What is type II quasi in rem jurisdiction?
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In Rem is where a court w/o in personam jurisdiction adjudicates P and D's rights to property in the state. Type II does not involve the property and requires minimum contacts.
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What is quasi in rem jurisdiction?
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Court without personal jurisdiction adjudicates the rights of P and D in relation to property in the state.
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What is Type 1 Quasi in rem jurisdiction?
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In Rem is where a court w/o in personam jurisdiction adjudicates P and D's rights to property in the state.
Type I involves the property and it is fine. |
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What is needed for compulsory joinder?
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Rule 19 says that party indispensable when:
they are needed for just adjudication and without them court cannot do justice with existing parties but this cannot deprive court of its jurisdiction |
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Rule 20, Fed. R. Civ. Proc. provides that permissive joinder may be afforded when
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1) there is a common question of law or fact and
2) there is relief sought from each defendant by each plaintiff relating out of a single occurrence or series of transactions. |
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What is impleader of third party?
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A defendant can bring in another D when there is a claim of liability from the other who is not already a party
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Class Actions have some elements. Please list them.
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Action where the joinder of all parites impractical and
questions of law or fact common to class and named parties will fairly represent absent members where otherwise there is risk of inconsistent rulings and injunctive relief inappropriate |
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What is the Erie doctrine?
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Where Federal court sits in diversity, they must apply state substantive law and Federal procedural law.
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Give examples of procedural and substantive laws for purposes of the Erie doctrine.
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Federal procedural law is service of process. Substantive law is limitations of actions and presumptions and privilege. Watch that you are avoiding forum shopping and look for making law equitable.
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Once you have SMJ and PJ, you need to have a place to have the lawsuit. Where is it appropriate to hear a lawsuit (venue)?
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Diversity civil action can be brought only in district where D resides, or where all Ds reside or where property located.
Other civil actions a district where D resides (if all in same state) and a district where events took place/property is located. |
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Where does corporation exist for purposes of venue?
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In any district where you would have personal jurisdiction.
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Where is the venue for an in rem action?
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Where the property is.
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Where can venue be moved to for convenience of parties?
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Any district where action could have been brought.
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What justifies changing venue of action?
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Convenience of parties, witnesses and in interest of justice.
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Can defendant remove action from State to Federal Court?
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Permissive for defendant. If multiple, all must remove.
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What is the real purpose of service under Rule 4 FRCP?
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To give notice.
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What are defenses that can be raised under Rule 12 FRCP?
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Service SMJ PJ
Failure to state claim or join indispensable party Suffiency of pleading claim |
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When can pleading be amended?
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1. Plaintiff can amend without leave twenty days before answer is served.
2. Defendant can do once w/in 20 days after filing answer 3. Anytime that it doesn't prejudice other side (statute limits running eg) |
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When can Rule 15 b FRCP amendments be made and what do they do?
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can be done during trial if other side does not object to conform proof to pleading
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Rule 15c allows amendment after SOL has run. How does this work?
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Must relate back and be part of the original claim and set of facts.
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Rule 26 disclosures are special because
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They are mandatory without request from other side
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What is the scope of discovery in Federal Court
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Anything that relates to a claim or a defense and this means anything likely to lead to admissible evidence.
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Rule 23 FRCP deals with class actions. Set forth the elements.
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Class numerous
Common questions Typical named parties Representing absentees Group legal issues Risks of inconsistent legal rulings |
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Federal interpleader requires this for jurisdiction
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Federal question or diversity, but only minimal diversity and $500 in question
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Erie Doctrine
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Federal Court sitting in diversity must apply state substantive and Federal procedural law.
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Name Something that is substantive for purposes of the Erie doctrine
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Choice of Law, SOL
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Erie, procedural, name something
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Service of process or something from a Federal statute
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Joinder should be granted over Plaintiff's objection when
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Court can't give fair adjudication without the party
Other parties would be subject to a lawsuit if proposed defendant not in and the person's absence exposes others to a risk of inconsistent, mutual judgments |
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What is the new JNOV?
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JMOL. Must file within ten days of judgment and party filing must have made a JMOL at the close of all evidence.
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What is the standard for a JMOL?
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That there was no reasonable evidentiary basis on which the jury could have concluded as they did. Judge can only find that no reasonable jury could have found the way they did. Cannot weigh evidence or consider credibility.
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Service and jurisdiction over defendant. Name elements
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1. Is there good service?
2. Is there a long arm statute? 3. Are there sufficient contacts between D and forum state so as to offend traditional notions of fair play and justice? |
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What else to look for in jursidiction?
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Did D purposefully avail himself of the protections of the statutes of the jurisdiction
and Could the D forsee being hailed into the forum state? |
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In rem jurisdiction
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means having property there and being notified by mail
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Type II Quasi In Rem jurisdiction
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Means the dispute has nothing to do with the property and requires minimum contacts
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Compulsory joinder is and it requires that
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Joining parties that are necessary to a just adjudication so long as their presence is necesssary to give complete relief to parties to litigation
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Joinder of parties requires
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1. Common claims of law or fact;
2. Claims asserted out of the same set of facts 3. |
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Class action elements again
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Common questions of law or fact
Class so large that joinder impractible Named parties are typical Named parties fairly represent class Injunctive relief is appropriate for class as a whole |
