Federal Jurisdiction

Front 1

Right Court: Personal Jurisdiction

Back 1

(1) Satisfy long-arm statute

(2) Due Process - D has such minimum contacts with forum so the exercise of PJ does not offend traditional notitions of fair play and substantial justice

(A) Contact
(I) Contact MUST result of purposeful availment
(II) Foreseeable that D could get sued in that forum

(B) Fairness
(I) Relatedness - Specific PJ - P claim arises from D's contact in forum;General PJ - D has continuous and systematic ties in forum
(II) Convenience - Forum must not put D at severe disadvantage (rare)
(III) State's interest (providing forum for citizens)

Front 2

Right Court: Subject Matter Jurisdiction

Back 2

(1) Diversity
(A) No P citizen of same state as D at time of filing
(I) Domicile - presence & intent to make permanent home
(II) Corp citizen of incorp. state and principle place of business
(B) Amount in controversy exceeds 75k
(I) Aggrecate amount only between singble P &D

(2) Federal Q
(A) Well Pleaded Complaint - must be enforcing federal right

(3) EVERY CLAIM MUST DIVERSTIY, FQ, OR SUPP

(4) Supplemental Jurisdiction
(A) Common nucleuous of operative facts; always met when arise from same transaction/occurance
(B) Limitation: In diversity case, P can not use Supp to overcome lack of diversity

(5) Only D may remove state case into federal court if case invokes diversity of FQ and, if diversity case, no D is a citizen of forum state

(6) Erie
(A) Apply state substantive law unless federal law on point that direct conflicts with state law
(B) If no federal law: elements of claim, SOL, tolling SOL, or choice of law are substantive

Front 3

Right Court: Venue

Back 3

(1) Actions regarding land MUST BE filed where land is otherwise
(2) Where all D's reside (same state any district where one D is); OR
(3) Substantial part of claim arise

(4) Residence: humans where domiciled; Business associations where they are subject to PJ

(5) Can only transfer to district that has proper venue and PJ over D

Front 4

Learning About Case: Service of Process

Back 4

(1) Served personally anywhere in state or another who usually lives at D's home of suitable age/discretion
(2) Waiver by mail - if failed to return P must pay cost of service

Front 5

Learning About Case: Pleadings

Back 5

(1) Rule 11: attorney must sign all non-discovery docs which certifies:
(A) not for improper purpose
(B) legal contentions are warranted by law
(C) factual contentions and denials have evidentiary support
(Can only file for sanctions 21 days after service on party)

(2) Complaint - SMJ, claim, relief
(A) Plead facts supporting plausible claim, more detailed if fraud, mistake, special damages

(3) Answer or Motion
(A) 12(b) - SMJ, PJ, Venue, Bad process, Failure to state Claim, Failure to join indispensible party
(B) 12B waived if not in first response unless SMJ, Claim, Party
(C) Failure to deny in answer can constitute admission unless damages
(D) Affirmative defense must be plead

(4) Counterclaim
(A) Compulsatory - arises from same T/O, waived if not filed
(B) Permissive - no same T/O
(5) Cross Claim - claim against co-party

Front 6

Learning About Case: Discovery

Back 6

(1) Tools
(A) Depositions any party but 3rd party not required unless subpoened
(B) Interroogatories (parties only)
(C) Requests to produce (anyone if non-party subpeona)
(D) Examination (court order)
(E) Request for Admission (parties)

(2) Can discover anything reasonably calcualted to lead to discovery of admissible evidence
(A) Privilege & work product protected

Front 7

Party Joinder: Generally

Back 7

(1) D's and P's may be joined if
(A) Arise from same T/O
(B) Raise 1 common Q

(2) Indispensable party one whose interest may be harmed if not joined
(A) See if indispensable
(B) See if feasible (PJ & will not make it impossible to maintain diversity)

(3) Impleader - D brings third party defendant after filing complaint and service; P v. TPD ok if same T/O

Front 8

Party Joinder: Class Actions

Back 8

(1) Initial Requirements

Common Numbers are Typically Adequate

(A) Numerosity - too many members for practical joinder
(B) Commonality - some Q's of law or fact common to class
(C) Typicality - representatives claims/defenses typical of those in class
(D) Adequate - representative will adequately represent class

(2) Damages Type
(A) Common Q predominate over individual Q
(B) Class action superior method to handle dispute

(3) Damage type court must notify members of class that they can opt out, bound if dont, and can appear through separate counsel

(4) Parties can settle/dismiss only with court approval

(5) FQ or Diversity (Only consider rep)

Front 9

Adjudicating Dispute

Back 9

(1) Failure to state claim: if all facts are true on face of complaint would P win judgment

(2) Summary judgement:
(A) No genuine dispute as to material fact; AND
(B) Entitled to judgment as matter of law
(C) Look at admissible evidence to see if dispute on material issue

(3) Pretrial Conference - determines issues to be tried and evidence to be proffered and PT order supersedes the pleadings

(4) Judgment as Matter of Law - reasonable people could not disagree on facts; RJMOL available if JMOL in trial

Front 10

Appeal

Back 10

(1) Final judgement rule - can only appeal from final judgment on merits of case

Front 11

Preclusion

Back 11

(1) Claim preclusion - can only sue once on claim
(A) Case 1 & 2 were brough by same P against same D
(B) C1 entered final judgment on merits
(C) C1 & C2 assert same claim
(I) Majority - claim is any right to relief arising from same T/O
(II) Minority - separate claims for property damage and personal injures as different primary rights

(2) Issue Preclusion - precludes relitigation of issue litigated before
(A) C1 valid judgement on merits
(B) Issue actually litigated and determined in C1
(C) Issue was essential to judgment in C1 (would have been different judgment)
(D) Asserted against any party in C1 OR
(E) Assert by party C1, some courts allow non-mutual assertion
(I) Defensive - D asserts against party in C1 & party had full chance to litigate
(II) Offensive - P asserts against party in C1; usually not allowed but trend is it is OK if not unfair

Front 12

Discovery

Back 12

Work product is not discoverable except upon showing of "substantial need" and "undue burden"

Front 13

Discovery Response Certification

Back 13

(1) warranted by existing law or good faith argument to change it
(2) no improper purpose
(3) Not unreasonable or unduly burdensom