Federal Jurisdiction

Front 1

diversity, necessary text

Back 1

"The action must be between citizens of different states or between a citizen of a state and a citizen of a foreign country (alien) and the amount in controversey must exceed $75,000"

Front 2

complete diversity rule

Back 2

check for diversity when filed; ok if P & D are later both citizens of NY

Front 3

diversity re: aliens & out of country USCits

Back 3

no alienage jursidx b/w two aliens; but green card holder is treated as citizen; and if UScit lives in France, no diveristy (b/c must be two states)

Front 4

corporate and partnership citizenship for diversity purposes

Back 4

Corp: ALL states where incorporated; AND the state of Principal place of business; partnerships: citizenship of ALL of its members

Front 5

diversity exclusions

Back 5

divorce, alimony, child custody, probate; collusion to create diversity

Front 6

well pleaded complaint rule

Back 6

P must be enforcing a fed right to get fed Q jurisdx

Front 7

supplemental jurisdx test

Back 7

"does the claim share a common nucleus of operative fact with the underlying case?"

Front 8

pendent party jurisdx

Back 8

permits a state law claim against a pendent (2nd) party for a claim w/common nucleus

Front 9

supplemental jurisdx exception in diversity

Back 9

can't use suppJurisdx for a claim by P in a diversity case to overcome complete diversity rule (seems obvious); doesn't apply to D's counter-claim

Front 10

removal, big exception

Back 10

in-state D rule: no removal in diversity cases if any D is a citizen of a forum (doesn't apply to FQ cases)

Front 11

Lake Erie

Back 11

Apply state substantive law (elements of claim or defense; SoL; tolling SoL; choice of law rules)

Front 12

venue

Back 12

where any D resides or claim arose; corp resides in all districts where it is subject to personal jurisdx; if venue is transferred, still apply choice-of-law rules of original court

Front 13

methods of serving process

Back 13

FRCP; law of state where DC sits; or law of state where service is effected

Front 14

FRCP process serving

Back 14

personal service; substituted service (leave w/someone who resides there; no mailing req); authorized agent; waiver by mail

Front 15

Geographic restriction for FRCP process serviving

Back 15

a fed ct in NY can serve process OUTSIDE ny only if an NY state court could

Front 16

permissive joinder

Back 16

if claims (1) arise from same T/O and 2) raise at least one common question

Front 17

nececssary joinder

Back 17

if necessary party can't be joined (e.g. would destroy diversity), then balance the factors and proceed or dismiss

Front 18

compulsory counter-claim

Back 18

arises from same T/O as P's claim, so must be filed w/answer or waived;

Front 19

permissive counter-claim

Back 19

doesn't arise from same T/O, but still need diversity or FQ or supplemental

Front 20

cross-claim

Back 20

not compulsory; need SMJ, which may be supplemental

Front 21

interpleader

Back 21

one holding money or property and wants to force all potential claimants (Ps) into a single case to avoid multiple litigation and the threat of inconsistent results

Front 22

rule interpleader

Back 22

reqs exactly like diversity

Front 23

statutory interpleader

Back 23

one party must be diverse (no complete diversity); need ≥ $500 in controversey; nationwide service of process; venue where any one claimant resides

Front 24

class axn reqs

Back 24

too numerous for joinder; questions of law or fact common to the class; representative's claims are typical of the class; representative will fairly and adqueately represent

Front 25

class axn diversity

Back 25

look at citizenship of class rep only; and if her claim > $75k

Front 26

JMOL

Back 26

brought after the other side has been heard; so D can go twice; standard: "If reasonable people could not disagree on the result."

Front 27

JNOV

Back 27

"renewed motion for judgment as a matter of law" - after jury, loser moves again; "If reasonable people could not disagree on the result"; must have ALREADY moved for JMOL at the close of all evidence (NOT at the close of P's case)

Front 28

affirmative defenses waived if not in federal answer

Back 28

personal jurisdx, venue, insufficient process

Front 29

NY battery

Back 29

none; only assault, which encompasses C/L battery; or attempted assault

Front 30

criminal facilitation

Back 30

knowingly aids in the commission, but not at same culpability; need only believe it was probable he was rendering aid; his conduct must have aided; may NOT be convicted on uncorroborated testimony of the person facilitated; defense for taking steps to prevent