Federal Jurisdiction

Front 1

What are the two primary jurisdictional bases for federal courts?

Back 1

1. Arising under federal law
2. Diversity jurisdiction.

Front 2

What is the money requirement for diversity jurisdiction?

Back 2

MORE THAN $75,000.

Front 3

Where is an individual's citizenship?

Back 3

Their domicile -- true home, where they intend to remain if they're there or return if they're not there.

Determined WHEN THE LAWSUIT IS FILED.

Front 4

What is a corporation's state of citizenship?

Back 4

Two places:
1. State of incorporation;
2. Principal place of business.

Front 5

What is the state of citizenship for an unincorporated association?

Back 5

Every member counts as a separate domiciled party. Every partner, even limited partner, counts.

Front 6

What are the citizenship rules for "pure" (non permanent) aliens?

Back 6

Pure aliens may sue non aliens based on diversity. And vice versa.

Pure aliens may not sue other pure aliens based on diversity (BUT MAY ON FEDERAL QUESTION).

Front 7

What are the citizenship rules for permanent resident aliens?

Back 7

Same as citizens.

Front 8

What is the rule for diversity jurisdiction and American citizens domiciled outside U.S.?

Back 8

They may never sue or be sued based on diversity.

Front 9

What is the rule for if there are two claims, and there is a primary jurisdictional basis for one claim but not the other?

Back 9

The court has discretion to assert supplemental jurisdiction over both if they derive from a common nucleus of operative fact.

Front 10

What is the exception to the above rule?

Back 10

If the only primary jurisdictional basis is diversity, there can NEVER be supplemental jurisdiction over additional claims brought by the plaintiff.

Front 11

What is the rule, and the exception, for removal?

Back 11

Cases can be removed if there is jurisdiction over the claims.

But if the only jurisdictional basis is diversity, there can be no removal if any single defendant is a citizen of the state where the action was filed.

Front 12

What are the Erie Doctrine predicates?

Back 12

1. Federal court resolves a claim under diversity jurisdiction.
2. There is conflict between a provision of state law and a provision of federal law.

Front 13

What are the Erie Doctrine rules?

Back 13

1. Federal law governs if: conflict involves federal statute, FRCP, FRE or the issue of trial by jury.
2. State law governs where the difference b/w state and federal law would materially affect the outcome of the case.

Front 14

How do you examine personal jurisdiction in federal court?

Back 14

Unless a federal statute provides for personal jurisdiction, a federal court borrows from the state personal jurisdiction statute.

Front 15

What are proper methods of service of process in federal court?

Back 15

AWASP

Abode: leave with someone of suitable age and discretion.
Waiver: gives D 60 days.
Agent: personal service on AUTHORIZED OR MANAGING agent.
State methods.
Personal (or in vicinity)

Front 16

How do you know if service is constitutional?

Back 16

If it's reasonably calculated to apprise interested parties of the litigation.

Front 17

What is the rule for proper venue?

Back 17

1. Where any defendant resides, if all defendants reside there. For entities, they reside wherever they have significant contacts.
2. Wherever any significant part of the claim arose.

Front 18

What pleading regime do federal courts have?

Back 18

Notice pleading: just have to place defendant on notice. Facts are not required.

Front 19

What is the exception?

Back 19

Fraud claims must be pled with specificity.

Front 20

What responsive pleadings are required to avoid waiver?

Back 20

1. Motion to dismiss for lack of personal jurisdiction.
2. Motion to dismiss for improper service of process.
3. Venue challenge.

Front 21

What is the rule re. amendment of pleadings?

Back 21

They will be freely granted when justice so requires and the merits are served thereby.

Front 22

What is the federal relation back rule for new claims?

Back 22

They must arise from the same transaction or occurrence as the original, timely filed claim.

Front 23

What is the standard for relation back of amendments to bring in new parties?

Back 23

New claim derives from same transaction or occurrence, and new party had knowledge of mistake in name and that but for mistake they would have been named.

Plus, knowledge must be acquired within 120 days of filing of original timely complaint.

Front 24

What is the federal rule re. joinder of claims?

Back 24

Plaintiff may join as many claims as they have against a defendant regardless of whether there is a connection.

Front 25

What is the federal rule re. joinder of parties?

Back 25

Assuming jurisdiction, the plaintiff may join parties so long as the claims involving the parties derive from the same transaction or occurrence.

Front 26

What does the Multi-Party, Multi-forum, Jurisdiction Act say?

Back 26

If at least 75 people are killed at one time, they may all join as plaintiffs as long as any plaintiff is from a different state than any defendant; and the action involves at least 2 states.

Front 27

What are the types of counterclaims?

Back 27

1. Permissive. If it does NOT derive from same transaction or occurrence.
2. Compulsory. DOES derive from same transaction or occurrence. File now or never.

Front 28

What is the federal rule re. impleader?

Back 28

D's may implead new claim against new 3rd party so long as new 3rd party may be liable to D , out of D's liability to P.

Front 29

What is the federal rule re. interpleader?

Back 29

Common fund, rival claimants.

Front 30

What is the rule re. intervention?

Back 30

You have a right to come in if your interests are at stake and aren't being protected.

Intervention is permissive if there is a commonality of issues.

Front 31

What are indispensable parties?

Back 31

If the absence of a party is so prejudicial to the existing parties that they cannot receive full and fair adjudication, necessary parties must be brought in or the action must be dismissed (IL won't dismiss it).

Front 32

What are the certification requirements for class action in federal court?

Back 32

CANT

Commonality
Adequacy of P and P's lawyer
Numerosity (greater than 40)
Typicality

Front 33

What additional requirements if plaintiff is seeking money?

Back 33

Predominance
Superiority of class action device

Front 34

What is Rule 26?

Back 34

Automatic prompt disclosure, FOR ALL ACTIONS.

Front 35

What needs to be disclosed under Rule 26?

Back 35

1. All potential supporting witnesses; 2. all relevant supporting documents; 3. damages computation; 4. relevant insurance coverage.

Front 36

What limits on discovery does Rule 26 place?

Back 36

No other discovery until you do this.

Front 37

How many depos can you do in federal court before you need court approval?

Back 37

Ten.

And no longer than 1 seven hour day.

Front 38

What is the rule for work product in federal court?

Back 38

Attorney mental impressions: never.

All other forms: not discoverable without substantial need and undue hardship without it.

Front 39

What is the standard for judgment as a matter of law?

Back 39

After adversary rests case, must show there is an insufficient evidentiary basis from which a reasonable jury could find for other party.

Front 40

What is the standard for renewed judgment as a matter of law?

Back 40

Same. And you have to have brought the motion before, too.

Front 41

What is the standard for a new trial?

Back 41

Same as Illinois: errors affecting substantial rights; or, verdict against manifest weight of the evidence.

Front 42

When are the requirements on asking for a jury?

Back 42

Written demand within 10 days of service of the last pleading.

If claim seeks primarily money, there is a jury right.

Front 43

When does res judicata apply?

Back 43

When a claim has been fully and fairly litigated to a final judgment ON THE MERITS.

The parties may not re-litigate it.

Front 44

When does collateral estoppel apply?

Back 44

To an issue which has been fully and fairly litigated as part of a final judgment.

Front 45

What is the finality rule?

Back 45

A claim or issue fully litigated may not be re-litigated by the parties.

Front 46

What is offensive collateral estoppel?

Back 46

If a party is found liable for fraud, other parties can sue for fraud and win. D can't claim no fraud.

Front 47

What is the rule, and what are the exceptions, for appellate jurisdiction?

Back 47

Rule: only final orders are appealable.

Exceptions: partial final order. Some claims of some parties can be brought, if lower court finds no just reason to delay the appeal.

Discretionary appeal: some doubt on a close call; controlling legal issue; appellate decision would materially advance the litigation.