Federal Civil Procedure Mee

Front 1

Two primary jurisdictional ways federal courts can assert jurisdiction on a matter.

Back 1

Federal courts are courts of limited jurisdiction. In order to have jurisdiction it must be based on complete diversity or federal question.

Front 2

What is the rule for diversity

Back 2

(1) No single plaintiff is a citizen of the same state as any defendant; and

(2) the amount in controversy exceed $75,000.

Front 3

Where are corporations domiciled?

Back 3

In the state they are incorporated and their principal place of business (i.e., headquarters).

*Note: for in personam jx = incorporation otherwise MC analysis

Front 4

What is the test for permissive joinder of a person?

Back 4

(1) same transaction or occurrence; and (2) common issues of law or fact.

Front 5

What is the test for supplemental jurisdiction over a claim?

Back 5

Common nucleus of operative facts. (plaintiffs cannot bring in non diverse parties but if diverse do not need to meet $75,000)

Front 6

What is the test as to compulsory joinder (necessary and indispensable party)

Back 6

should the absentee be joined?

(1) complete relief not possible w/o
(2) Disposition w/o person may impair person's ability to protect his interest -

(3) Absence of person would leave existing parties subjecto substantial risk of multiple or inconsistent obligations

Can the absentee be joined (party can't be added if destroy DJ); and

If the absentee cannot be joined, should the case be dismissed?

Front 7

Requirements for removal

Back 7

(1) all defendants agreeing to file a notice of removal within 30 days of service; and

(2) no single defendant is domiciled in the state where the action was filed.

Front 8

What is the Erie Doctrine?

Back 8

When there is a conflict between federal and state the law the federal court applies state substantive law (alter the outcome) and federal procedural law.

Front 9

What is personal jurisdiction and how is it established?

Back 9

The power of the court over the defendant's person or property.

(1) the law of the forum state grants personal jurisdiction (presence, consent, long-arm statute); and
(2) that law is constitutional as applied to the person minimum contacts and traditional notions of fair play and substantial justice--purposeful availment).

Front 10

Three types of presence in the state

Back 10

(1) actual;
(2) domicile; and
(3) regular systematic and continuous business.

Front 11

When is process proper?

Back 11

(1) the method is proper under the federal rules; and
(2) the method is constitutional.

Front 12

Methods of process under federal rules

Back 12

(AWASP)
(1) Abode service;
(2) waiver;
(3) agent service;
(4) state method; or
(5) personal service.

Front 13

What is the Constitutional limitation on service?

Back 13

(reasonable calculated aprise RCA) It must be reasonably calculated to apprise the parties of the litigation.

Front 14

Under the Federal Rules when is venue proper?

Back 14

(1) where any D resides if all Ds reside in the same state; or
(2) a substantial part events/omissions occurred;

(3) where property (subject to action) located

(4) where any D subject to PJ

Front 15

What responsive motions are waived unless in 1st responsive pleading?

Back 15

(1) PJ.;
(2) venue;
(3) service of process;
(4) affirmative defenses must also be present.

First three alternatively may be raised in a motion prior to responsive pleading.

Front 16

What is the general rule as to amending pleadings?

Back 16

The plaintiff may amend once as a right within 21 days of service.

Afterwards the court shall grant a motion to amend freely when justice requires & will not result in undue prejudice to opposing party

Front 17

What is the rule as to relation back of new claims (amended pleadings)

Back 17

Arose from same conduct, transaction or occurrence as original pleading

Front 18

what is the rule for amending to add new parties in relation to relation back?

Back 18

(1) if amendment asserts claim/defense same conduct, transaction or occurrence as original pleading; and
(2) the new party receives notice w/in 120 days after original complaint filed

(3) D knew or should've known about action but for mistake concerning proper party's identity

Front 19

Test for compulsory counterclaim

Back 19

Derives from same transaction or occurrence (if doesn't then permissive) & doesn't require addition of another person over whom court has no JX

Front 20

Impleader

Back 20

Defendant's may implead a third party that may be liable for all or part of the claim (i.e., contribution or indemnity).

Front 21

Interpleader

Back 21

Holder of a common fund may file as plaintiff and join in all rival claimants. (e.g., insurance company that holds money parties are fighting about)

Front 22

Intervention

Back 22

As of right when interests will be adversely affected.

Permissive gives discretion to court in there is commonality of issue.

Front 23

Class actions (CANT)

Back 23

(1) commonality;

(2) adequacy;

(3) numerosity; and

(4) typicality (claims typical of class)

Front 24

Automatic discovery

Back 24

(1) prompt disclosure;

(2) presumptive limits (deposition, physical exam, undue burden); and

(3) duty to supplement.

(1) all potential supporting witnesses;
(2) all relevant supporting documents;
(3) a damage computation;
(4) relevant insurance coverage.

Front 25

Limits on scope of discovery

Back 25

(1) relevant;
(2) not privileged

Front 26

Define work product

Back 26

Any material that has been prepare in anticipation of litigation and not in the ordinary course of business.

Att mental impressions-never disc.
Everything else-substantial need--undue hardship

Front 27

Sanctions

Back 27

Failure disc. request-compel discovery with fees and costs assessed
Failure to disclose auto.: may not be used in litigation unless show substantial reason for failure.
Violating order to compel-bar entire category evidence or rule against on issue at trial.

Front 28

Motion summary judgment

Back 28

(1) up to 30 days after disc.; and

(2) no genuine issue of mateiral fact.

Front 29

Motion for judgment as a matter law (Directed Verdit)

Renewed motion for judgment as a matter of law

(JNOV)

Back 29

(1) after adversary has been heard; and

(2) insufficient basis for a reasonably jury to find for non-moving party.

Renewed motion within 28 days of judgment if made the initial motion above (same standard)

Front 30

Motion for a new trial

Back 30

(1) within 28 days of a judgment; and

(2) errors at trial that effect subst right or verdict against manifest weight of evidence.

Front 31

When do you get a jury trial in federal court involving civil matters

Back 31

(1) written demand within 14 days of service of the complaint or answer; and
(2) constitutionally required (i.e., monetary damages).

Front 32

Offer of judgment and requirements to get fees and costs

Back 32

(1) offer

(2) fail to accept within 14 days and

(3) don't do better than offer.

(1) defendant makes formal offer to settle the case with sanctions attached;

(2) plaintiff fails to accept within 14 days; and

(3) plaintiff fails to do better at trial.

Front 33

Res judicata (Claim Preclusion)

Back 33

A claim that has been fully and fairly litigated to a final judgment on the merits cannot be re-litigated by the parties.

Have PJ & SMJ

Sufficicently identifical COA

Sufficiently identical parties in same roles

Front 34

Collateral estoppel (Issue Preclusion)

Back 34

An issue which has been fully and fairly litigated as part of a final judgment cannot be re-litigated by the parties.

facts relevent to particular issue and applicable law must be identical

Front 35

Finality rule (collateral estoppel and res judicata)

Back 35

Parties are precluded from re-litigating claims or issues which those parties have already litigated on the merits.

Front 36

Foreign corporation service

Back 36

(1) in accordance with a treaty; (2) in accordance with foreign law; (3) as the foreign directs in response to a letter for guidance; (4) clerk mails service; or

(5) ANY OTHER MEANS NOT PROHIBITED BY INTERNATIONAL AGREEMENT THAT THE COURT MAY ORDER.

Front 37

Issue: whether an order that disposes of a few claims or parties may be appealed.

Back 37

General rule is that cases are not appealable until final. However, where multiple claims or parties are involved the court may enter a final judgment as to some of them on (1) an express determination that there is no just reason for delay; and (2) an express direction for the entry of judgment.

Front 38

Interlocutory appeals act

Back 38

Review is discretionary and may be available where: (1) the trial judge certifies that the interlocutory order involves a controlling issue of law; and (2) the court of appeals then agrees to allow the appeal.

most interlocutory orders, such as the denial of a summary-judgment motion or a motion to dismiss, are not immediately appealable

certain equitable orders reviewable immediately as a matter of right, including:

i) An order granting, modifying, refusing, or dissolving an injunction;

ii) An order appointing or refusing to appoint a receiver; and

iii) A decree determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed.

Front 39

Remand

Back 39

Lack of SMJ: Any time before final judgment rendered

Other reasons: w/in 30 days after filing notice of removal

Front 40

DP & PJ

Back 40

DP requires: a federal court may not exercise PJ over a D unless the D has "minimum contacts" with the FS & the exercise would be fair & reasonable

Front 41

DP & In Personam JX

Back 41

DP satisfied if nonresident D has certain minimum contacts with FS such that it does not offend traditional notions of fair play & substantial justice

Look to long-arm statute of FS

Front 42

In Personam: Minimum Contacts

Back 42

Purposeful availment: contacts with FS must be purposeful and substantial such that D should reasonably anticipate (foresee) being taken to court there

Specific JX: when c/a arises out of or closely relates to D's contact w/FS even if its the only contact

General JX: when c/a doesn't arise out of or relate to D's contacts w/FS, then JX only warranted when D's contacts are systematic & continous (i.e. business activities)

Front 43

Fair Play & Substantial Justice

Back 43

(1) Interest of FS

(2) Burden on D

(3) Interest of judicial system

(4) Shared interest of states

Front 44

Forum Non Conveniens

Back 44

where court refuses jx because there is another court more appropriate forum available to parties

Front 45

12(b) Motion to Dismiss

12(b)(6) Motion to Dismiss

Back 45

12(b) Motion to Dismiss:

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 upon which relief can be granted; and
7. failure to join a party under Rule 19

12(b)(6) Motion to Dismiss: how lawsuits with insufficient legal theories underlying their cause of action

Front 46

collateral-order doctrine

Back 46

A court of appeals has discretion to hear and rule on an issue if it is distinct from the merits of the case, involves a serious and unsettled legal question, and would be effectively unreviewable if the court waited until final judgment to hear the claim or issue.