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47 Cards in this Set

  • Front
  • Back
What are the two primary jurisdictional bases for federal courts?
1. Arising under federal law
2. Diversity jurisdiction.
What is the money requirement for diversity jurisdiction?
MORE THAN $75,000.
Where is an individual's citizenship?
Their domicile -- true home, where they intend to remain if they're there or return if they're not there.

What is a corporation's state of citizenship?
Two places:
1. State of incorporation;
2. Principal place of business.
What is the state of citizenship for an unincorporated association?
Every member counts as a separate domiciled party. Every partner, even limited partner, counts.
What are the citizenship rules for "pure" (non permanent) aliens?
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).
What are the citizenship rules for permanent resident aliens?
Same as citizens.
What is the rule for diversity jurisdiction and American citizens domiciled outside U.S.?
They may never sue or be sued based on diversity.
What is the rule for if there are two claims, and there is a primary jurisdictional basis for one claim but not the other?
The court has discretion to assert supplemental jurisdiction over both if they derive from a common nucleus of operative fact.
What is the exception to the above rule?
If the only primary jurisdictional basis is diversity, there can NEVER be supplemental jurisdiction over additional claims brought by the plaintiff.
What is the rule, and the exception, for removal?
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.
What are the Erie Doctrine predicates?
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.
What are the Erie Doctrine rules?
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.
How do you examine personal jurisdiction in federal court?
Unless a federal statute provides for personal jurisdiction, a federal court borrows from the state personal jurisdiction statute.
What are proper methods of service of process in federal court?

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)
How do you know if service is constitutional?
If it's reasonably calculated to apprise interested parties of the litigation.
What is the rule for proper venue?
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.
What pleading regime do federal courts have?
Notice pleading: just have to place defendant on notice. Facts are not required.
What is the exception?
Fraud claims must be pled with specificity.
What responsive pleadings are required to avoid waiver?
1. Motion to dismiss for lack of personal jurisdiction.
2. Motion to dismiss for improper service of process.
3. Venue challenge.
What is the rule re. amendment of pleadings?
They will be freely granted when justice so requires and the merits are served thereby.
What is the federal relation back rule for new claims?
They must arise from the same transaction or occurrence as the original, timely filed claim.
What is the standard for relation back of amendments to bring in new parties?
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.
What is the federal rule re. joinder of claims?
Plaintiff may join as many claims as they have against a defendant regardless of whether there is a connection.
What is the federal rule re. joinder of parties?
Assuming jurisdiction, the plaintiff may join parties so long as the claims involving the parties derive from the same transaction or occurrence.
What does the Multi-Party, Multi-forum, Jurisdiction Act say?
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.
What are the types of counterclaims?
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.
What is the federal rule re. impleader?
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.
What is the federal rule re. interpleader?
Common fund, rival claimants.
What is the rule re. intervention?
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.
What are indispensable parties?
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).
What are the certification requirements for class action in federal court?

Adequacy of P and P's lawyer
Numerosity (greater than 40)
What additional requirements if plaintiff is seeking money?
Superiority of class action device
What is Rule 26?
Automatic prompt disclosure, FOR ALL ACTIONS.
What needs to be disclosed under Rule 26?
1. All potential supporting witnesses; 2. all relevant supporting documents; 3. damages computation; 4. relevant insurance coverage.
What limits on discovery does Rule 26 place?
No other discovery until you do this.
How many depos can you do in federal court before you need court approval?

And no longer than 1 seven hour day.
What is the rule for work product in federal court?
Attorney mental impressions: never.

All other forms: not discoverable without substantial need and undue hardship without it.
What is the standard for judgment as a matter of law?
After adversary rests case, must show there is an insufficient evidentiary basis from which a reasonable jury could find for other party.
What is the standard for renewed judgment as a matter of law?
Same. And you have to have brought the motion before, too.
What is the standard for a new trial?
Same as Illinois: errors affecting substantial rights; or, verdict against manifest weight of the evidence.
When are the requirements on asking for a jury?
Written demand within 10 days of service of the last pleading.

If claim seeks primarily money, there is a jury right.
When does res judicata apply?
When a claim has been fully and fairly litigated to a final judgment ON THE MERITS.

The parties may not re-litigate it.
When does collateral estoppel apply?
To an issue which has been fully and fairly litigated as part of a final judgment.
What is the finality rule?
A claim or issue fully litigated may not be re-litigated by the parties.
What is offensive collateral estoppel?
If a party is found liable for fraud, other parties can sue for fraud and win. D can't claim no fraud.
What is the rule, and what are the exceptions, for appellate jurisdiction?
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.