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37 Cards in this Set
- Front
- Back
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Requirements for Diversity Jurisdiction
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--Case is between citizens of different states and
-- Amount of controversy must exceed $75,000 |
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How do you determine citizenship for diversity purposes?
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--Citizen is her domicile (determined by physical presence in one state + intent to make it permanent home)
-- Corporation = place of incorporation and principal place of business (generally where executives located unless all corporate activity in one state) --Unincorporated (including LLCs) citizenship is citizenship of ALL members |
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What is the standard for supplemental jurisdiction?
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-Must arise out of common nucleus of operative fact
--Cannot be used by plaintiff to overcome lack of diversity |
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What are discretionary reasons court must consider in deciding not to hear supplemental claim?
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--Federal question dismissed early in process
--State law is complex --State law issues would predominate |
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What is procedure for removal?
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--Must remove 30 days after service of first removable document
--First file notice in federal court and attach existing documents --Then file notice in state court -- Plaintiff has 30 days to respond to removal and demand remand |
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When would an otherwise valid removal be invalid?
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If any defendant is a citizen where the state court is located.
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What is three step process for Erie doctrine questions?
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1) Is the law clearly substantive (elements of claim/defenses, SOL, Rules for tolling statutes of limitations, Choice of Law)
2) Is there a federal law that directly conflicts that is arguably procedural? 3) If no direct conflict, examine whether truly substantive by looking at whether it is outcome determinative followed by balancing of interests, including examination into forum shopping. |
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Where is venue valid?
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--For a local action, where land is located.
--For transitory action, where ALL defendants reside, or if in different districts in same state in any district in state where a D is located. OR where substantial part of claim arose |
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How do you determine where a D resides?
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Individual is based on domicile
Corporation resides ANYWHERE where they are subject to personal jurisdiction |
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What are factors to consider for discretionary transfer of venue?
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Convenience to parties/witnesses and
Interests of Justice (both public and private factors) |
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How does waiver of process work in Federal Court
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Process mailed to D by first class mail asking her to waive service
If D refuses, she must pay for service |
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What is the standard for pleadings in Federal Court?
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Notice Pleading, but that (now) requires stating facts supporting a plausible claim
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What must be included in complaint?
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--Statement of SMJ
--Short and plain statement showing entitlement to relief --Demand for Judgment |
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When are counterclaims mandatory?
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If arose out of same transaction/occurence (and court would have some SMJ over claim)
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When can a party amend a pleading?
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By right, P can before D serves answer.
By right, D can amend within 20 days after serving answer. Otherwise, needs leave of court if justice so requires. |
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When does an amendment relate back?
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If it concerns the same transaction or occurence
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What are the required disclosures in federal court discovery?
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--Provide any things/witnesses that are likely to have discoverable information that the disclosing party may use to support its claim or defenses
--Experts used at trial (including reports, C.V., etc.) |
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When can work product be discovered?
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If there is 1) SUBSTANTIAL NEED
2) Not othwerwise available |
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What work product is absolutely protected?
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Mental impressions
Opinions Conclusions Legal Theories |
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What are sanctions for partial violation of discovery?
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Party must first get order to answer (and pay costs)
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What are sanctions for a total vioation?
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Establishment Order
Strike Pleadings Disallow Evidence Dismiss P's clase (if bad faith) Default (If bad faith) |
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What are requirements for necessary joinder?
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--Without absentee, court cannot accord complete relief
--Absentee interest would be harmed --Without absentee, a party would be subject to multiple obligations --Joinder is feasible, i.e. court has jurisdiction. |
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What are requirements for determining a party is indispensable and therefore the case must be dismissed?
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Whether there is an alternative forum available
Actual likelihood of prejudice Can the court shape proper relief without party? |
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What are the jurisdictional requirements for Statutory Interpleader?
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--Diversity does not require COMPLETE diversity just one claimant different than another claimant
--$500 is amount in controversy --Nationwide service is ok --Venue is where any claimant resides |
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What are the Requirements for Class Actions?
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--Numerosity
--Commonality --Typicality --Adequate Representation |
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What additional findings are necessary for class certificationf or DAMAGES claim?
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--Common questions predominate over individual questions
--Class action is SUPERIOR method to handle dispute |
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What must notification in damage class action cases only include?
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--Notice of option to opt out
--Notice that bound if do not opt out --Right to enter separate appearance though counsel |
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What is called if there is a motion for judgment after the answer is filed?
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Motion for judgment on the pleading (like a 12(b)(6) motion but involves answer in pleadings)
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What is the standard for summary judgment?
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No genuine issue as to a material fact and entitled to judgment as a matter of law
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What can be included in ruling on a SJ motion?
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--Look at EVIDENCE, including affidavits, admissions, but not including pleadings.
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What are standards for new trial?
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--10 days after judgment for following grounds:
1) prejudicial action 2) New evidence 3) prejudicial conduct of party/juror 4) Judgment AGAINST WEIGHT OF EVIDENCE (less RJMOL) |
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What is prereq for making renewed judgment as a matter of law?
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A motion for judgment as a matter of law at SOME POINT during trial
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When does a motion for new trial have to be made?
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10 days
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When does renewed motion for matter of law have to be made?
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10 days
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When must answer be provided?
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20 days after service
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When must process be served on D?
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120 days after filing of complaint
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When must answer be provided if Rule 12 motion fails?
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10 days after denial of rule 12 motion
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