Federal Jurisdiction

Front 1

How do you decide correct court?

Back 1

Personal jurisdiction

Subject Matter

Venue

Front 2

Federal Personal Jurisdiction

Back 2

Power over Parties

Assessed same as state court:
- Satisfy statute
- Satisfy Constitution (DP)

Front 3

Federal Subject Matter Jurisdiction

Back 3

Power over Case

Federal courts may only hear two types of suits:
- Diversity of Citizenship
- Federal Question

Front 4

Diversity of Citizenship

Back 4

Two Requirements:

1) Citizens of different states; AND
2) amount in controversy must exceed $75,000

Front 5

Complete Diversity Rule

Back 5

no diversity if ANY plaintiff is citizen of same state as ANY defendant

Front 6

Natural person's citizenship

Back 6

State of DOMICILE:
- Presence in state AND
- intent to make it her permanent home

Front 7

When is Diversity determined?

Back 7

When case is FILED

Front 8

Corporation Citizenship

Back 8

State of incorporation AND one state where principal place of business

Front 9

Where is principle place of business

Back 9

Nerve Center Test - where managers coordinate + direct corporate activity

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Unincorporated Association Citizenship

Back 10

LLC or P'ship

Citizenship of all members

Front 11

Decedents, Minors, and Incompetents Citizenship

Back 11

Use their citizenship, not citizenship of their representative

Front 12

Amount in Controversy and Good Faith

Back 12

Whatever plaintiff claims in good faith is OK unless clear to a legal certainty cannot recover more than $75,000

P who wins less may have to pay D's litigation costs

Front 13

Aggregation

Back 13

Adding two or more claims to meet the amount required

Front 14

Amount in Controversy and Equitable Relief

Back 14

Two tests, may meet either:
- Plaintiff's viewpoint - decrease value by more than $75,000?

- Defendant's viewpoint - cost more than $75,000 to comply with injunction?

Front 15

Federal Jurisdiction Exclusions

Back 15

Regardless of federal court requirements, will NOT hear:

- divorce
- alimony
- child custody decree
- probate

Front 16

Federal Question Cases

Back 16

Is plaintiff enforcing a federal right?
- If yes, go to federal
- If no, cannot got to federal

Front 17

Well Pleaded Complaint rule

Back 17

P's claim itself must "arise under" federal law, look at CLAIM and ignore other material P alleges

Front 18

When do you analyze federal personal jurisdiction?

Back 18

for EVERY CLAIM, test whether it invokes diversity or federal question.

Or supplemental jurisdiction

Front 19

Supplemental Jurisdiction basics

Back 19

After case is already in federal court, have additional claim in that case does not meet diversity/federal question, may get in

Front 20

Supplemental Jurisdiction Test

Back 20

Must share "common nucleus of operative fact" with claim that invoked federal smj

Always satisfied out of same transaction or occurrence

Front 21

Supplemental Jurisdiction Summary

Back 21

Non-federal, non-diversity claim can be heard in federal court if it meets the T/O test UNLESS:
- Asserted by P
- In diversity case; AND
- Would violate complete diversity

Front 22

Supplemental Jurisdiction Discretionary Factors

Back 22

court has discretion NOT to hear supp claim if:
- FQ dismissed early; OR
- state law claim is complex; OR
- state law issues would predominate

Front 23

Federal Removal

Back 23

Transfer of case from state to federal

Test - can remove if invoke diversity or FQ

Front 24

Diversity Case Removal

Back 24

No removal if any defendant is a citizen of the forum "in-State Defendant" ruel for diversity cases

No removal more than one year after the case was filed

Front 25

Where remove cases?

Back 25

only to federal district embracing state court in which the case was originally filed

Front 26

Procedure for Removal

Back 26

File notice of removal in Federal court first, copy all parties, then file copy in state court

Front 27

Improper Removal

Back 27

Move to remand to state court within 30 days; no time limit on raising lack of SMJ

Front 28

Erie Doctrine

Back 28

Choice of law provision - in diversity cases, apply state law

Front 29

Venue Basic Idea

Back 29

tells which federal court

Front 30

Local Actions

Back 30

Actions about ownership, possession or injury to land must be filed in district where land lies

If not local, called Transitory case

Front 31

Supplemental Jurisdiction Summary

Back 31

Non-federal, non-diversity claim can be heard in federal court if it meets the T/O test UNLESS:
- Asserted by P
- In diversity case; AND
- Would violate complete diversity

Front 32

Supplemental Jurisdiction Discretionary Factors

Back 32

court has discretion NOT to hear supp claim if:
- FQ dismissed early; OR
- state law claim is complex; OR
- state law issues would predominate

Front 33

Federal Removal

Back 33

Transfer of case from state to federal

Test - can remove if invoke diversity or FQ

Front 34

Diversity Case Removal

Back 34

No removal if any defendant is a citizen of the forum "in-State Defendant" ruel for diversity cases

No removal more than one year after the case was filed

Front 35

Where remove cases?

Back 35

only to federal district embracing state court in which the case was originally filed

Front 36

Procedure for Removal

Back 36

File notice of removal in Federal court first, copy all parties, then file copy in state court

Front 37

Improper Removal

Back 37

Move to remand to state court within 30 days; no time limit on raising lack of SMJ

Front 38

Erie Doctrine

Back 38

Choice of law provision - in diversity cases, apply state law

Front 39

Venue Basic Idea

Back 39

tells which federal court

Front 40

Local Actions

Back 40

Actions about ownership, possession or injury to land must be filed in district where land lies

If not local, called Transitory case

Front 41

Transitory Cases

Back 41

may lay venue in any district where:
- all defendant's reside; or
- substantial part of the claim arose

If D' are from different districts in same state, lay venue in district in which any resides

Front 42

Transfer of Venue

Back 42

May transfer to district that has PJ over defendant

1. if Proper, court has discretion based on convenience and interests of justice

2. If improper, court may transfer or dismiss

Front 43

Factors for transfer of Venue

Back 43

Public - what law applies, community burdened, local controversy

Private - convenience

Front 44

Forum Non Conveniens

Back 44

Another more convenient court for transfer, but court dismisses or stays because transfer is impossible

Front 45

Federal Service of Process def

Back 45

1) Summons (formal court notice of suit and time for response) AND
2) copy of complaint

Serve within 120 days of filing or dismissed without prejudice

Front 46

Who can serve federal process?

Back 46

any nonparty at least 18

Front 47

How serve federal process?

Back 47

- Personal service anywhere in forum state

- Substituted service at D's usual abode, someone of suitable age and discretion who resides there

- Service on D's agent within scope of agency

- Methods approved by State

- Waiver by mail (include prepaid means of returning form within 30 days)

Front 48

Geographic federal proces limitation

Back 48

May serve outside state in which it sits ONLY if state law allows

Front 49

Immunity from service

Back 49

instate to be a witness or party in another civil case

Front 50

Other document serving

Back 50

later papers serve by delivering/mailing to party's attorney

Front 51

Pleadings definition

Back 51

documents setting forth claims and defenses

Front 52

Rule 11

Back 52

Requires attorney/pro se to sign all papers (except discovery), certifying:
- paper is not improper purpose;
- contentions warranted by law; AND
- evidentiary support

Continuing certification

Front 53

Rule 11 Violations

Back 53

Sanctions to deter, may be non-monetary

21 day safe harbor to fix

Court may raise sua sponte, no safe harbor

Front 54

Complaint

Back 54

Filing commences an action;
- State ground for smj
- short/plain statement of the claim
- demand for relief

Front 55

Complaint Standard

Back 55

Must plead facts supporting a plausible claim

plead Fraud, mistake, special damages (not normally flow) with PARTICULARITY or SPECIFICITY

Front 56

Defendant's Response to Complaint

Back 56

- Motions (Rule 12, requests for court order)

- Answers (pleading)

Front 57

Motions

Back 57

Issues of form - Motion for more definite statement; Motion to strike

12(b) Responses:
- Lack of SMJ
- Lack of PJ - WAIVABLE
- Improper Venue - WAIVABLE
- Insufficiency of Process - WAIVABLE
- Insufficient Service of process - WAIVABLE
- Failure to state a claim
- Failure to join indispensable party

Front 58

Answer Timing

Back 58

Within 21 days after service of process

If Rule 12 motion denied, 14 days after ruling

Front 59

Answer actions

Back 59

- Respond to allegations of complaint
-- Admit, deny, lack sufficient info to admit/deny

- Raise affirmative defenses
-- I.e. SOL, SOF, res judicata, self-defense

Front 60

Fail to deny?

Back 60

Admission on anything but damages

Front 61

Counterclaim

Back 61

Claim against opposing party, in federal court part of Answer
- Compulsory: arises from same T/O, must be filed in pending case or waived

- Permissive: not same t/o

Counterclaim must have SMJ or supplemental

Front 62

Crossclaim

Back 62

Claim against a co-party, must arise from same T/O, never compulsory
- Must have SMJ or Supp, no bar because not P who brings supp juris claim

Front 63

Amending Pleadings

Back 63

Right to Amend - P within 21 days after D serves first Rule 12 response; D once within 21 days of serving answer

If no right to amend, seek leave of court will be granted if justice so requires (delay, prejudice, futility)

Front 64

Variance

Back 64

Evidence a trial does not match what was pleaded, may move to amend to conform to evidence

Object because evidence is "at variance with the pleadings"

Front 65

Amendments Relate Back

Back 65

Amended pleadings "relate back" if same conduct, transaction/occurrence as original pleading

Treat as though filed with original

Front 66

Initial Disclosures

Back 66

Within 14 days of 26(f) conference

- ID persons
- Give copies of documents and electronically stored info likely to have discoverable info
- Computation of damages/insurance

Front 67

Experts

Back 67

Must ID experts who may be at trial

Required

Front 68

Pretrial disclosure

Back 68

no later than 30 days before trial, must give detailed info about trial evidence

Front 69

Discovery Tools

Back 69

Deposition
Interrogatories
Requests to Produce
Physical/Mental Exam
Requests for Admission

Front 70

Depositions

Back 70

Sworn oral answers to questions by counsel

Can depose nonparties or parties; nonparty should be subpoenaed or not compelled to attend

Duces tecum - bring material

Front 71

Interrogatories

Back 71

Questions in writing to ANOTHER PARTY, to be answered under oath

Front 72

Requests to Produce

Back 72

Requests to ANOTHER PARTY (or non-party if subpoena)

Front 73

Physical/Mental Examination

Back 73

Only through court order

Front 74

Request for Admission

Back 74

Request by one party to ANOTHER PARTY, to admit truth of any discoverable matters

Front 75

Duty to Supplement

Back 75

Must supplement responses

Front 76

Discovery signatures

Back 76

requests and responses must be signed by counsel, signifying:
- warranted
- not for improper purpose
- not unduly burdensome

Front 77

Scope of Discovery

Back 77

May discover anything relevant to a claim or defense

"reasonably calculated to lead to the discovery of admissible evidence" - BROADER than admissible

Front 78

Privilege matter discoverable?

Back 78

No - must expressly claim privilege or work product and describe materials

Front 79

Work Product

Back 79

trial prep materials, generated in anticipation of litigation

Exception: substantial need; and not otherwise available
Absolute ban on mental impressions, opinions, conclusions, legal theories

Front 80

Ways to enforce discovery orders

Back 80

Protective orders
Sanctions

Front 81

Protective Orders

Back 81

Limits disclosure

Partial violation - answer some object to others, light sanctions

Total violation - fail to attend depo, respond, heavy sanctions

Front 82

Sanctions due to discovery failures

Back 82

Party seeking sanctions must certify tried tin good faith to get info without court involvement

Front 83

Partial discovery violations re Sanctions

Back 83

- Order compelling answer plus costs of motion

- IF party violates compelling order, RAMBO sanctions plus costs, maybe contempt

Front 84

RAMBO Sanctions

Back 84

Total violation

RAMBO plus costs/fees

-Establishment order (facts true)
- Strike pleadings
- Disallow evidence
- Dismiss P's case if bad faith
- Enter default judgment if bad faith

Front 85

Joining parties - who may be joined?

Back 85

Claims that arise from same T/O AND raise at least one common question

Assess SMJ

Front 86

Necessary Parties

Back 86

must be joined

- Without absentee, court cannot accord complete relief;
- A's interest may be harmed;
or
- interest which subjects party to multiple obligations

need PJ, can't destroy diversity

If can't join, proceed or dismiss (indispensable if dismissed)

Front 87

Impleader

Back 87

D brings third-party D for indemnity

right within 14 days, after need permission

P/TPD may assert claim against each other if if same T/O

Need SMJ

Front 88

Intervention

Back 88

Absentee affirmatively joins; may choose as D or P though court may realign

Right - interest may be harmed
Permissive - at least one common question

Front 89

Interpleader

Back 89

One holding property forces all claimants into a single lawsuit to avoid multiple litigation

Must meet SMJ

Front 90

Class Action

Back 90

- Must demonstrate numerosity, commonality, typicality, adequate rep
- Must fit common prejudice, equity, or damages (types 1, 2, 3)
- Court must determine certification
- Need SMJ, consider rep's citizenship
- CAFA

Front 91

Class Action Fairness Act

Back 91

at least 100 members

if any class member is diverse, and if aggregated claim exceeds $5m

Front 92

Voluntary dismissal

Back 92

P may voluntarily dismiss once without prejudice before D serves answer or motion for SJ

Front 93

"Without Prejudice"

Back 93

may refile

Front 94

Default and Default judgment

Back 94

Default - fail to respond within 21 of service, notation by clerk

- Default judgment - D made no response;
- claim itself if for a sum certain in money;
- Claim gives affidavit of sum owed;
and
- D is not minor/incompetent

Front 95

Failure to State a Claim

Back 95

12(b)(6)

Insufficiency of P's allegations: if every claim were true, would P win?

Front 96

Summary Judgment

Back 96

12(b)(6)

No genuine issue of material fact and entitled to judgment as a matter of law

Views evidence in light most favorable to the nonmoving party

Pleadings are not evidence!

Front 97

Motion for Judgment on the Pleadings

Back 97

Failure to state a claim filed after D has answered

Front 98

Pretrial Conferences

Back 98

Final pretrial conference determines issues to be tried and evidence to be proffered

supersedes pleadings

Roadmap of issues

Front 99

Right to Jury Trials

Back 99

Seventh amendment preserves right to jury in civil actions at law, not equity, ONLY FEDERAL

Front 100

Voir Dire

Back 100

No limit on for cause strikes

3 peremptory strikes, no race/gender discrimination

Front 101

JMOL

Back 101

After other side has been heard, removes case from the jury to judge's determination

Front 102

Renewed Motion for JMOL

Back 102

Must have filed JMOL

Filed after trial, move within 28 days after entry of judgment

Front 103

Motion for New Trial

Back 103

Judgment entered, errors at trial reuire new trila, move within 28 days after judgment

Anything that convinces judge for the need of a new trial

Front 104

Final Judgment Rule

Back 104

Right to appeal only from final judgments, final notice of appeal in trial court within 30 days of final judgment

Does judge have anything left to do on the merits of the case?

Front 105

Interlocutory Appeals

Back 105

Interlocutory orders reviewable as of right

Front 106

11th Amendment

Back 106

Bars federal court form hearing damages claims against a state, but equitable relief against state officer is ok