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30 Cards in this Set

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  • Back
diversity, necessary text
"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"
complete diversity rule
check for diversity when filed; ok if P & D are later both citizens of NY
diversity re: aliens & out of country USCits
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)
corporate and partnership citizenship for diversity purposes
Corp: ALL states where incorporated; AND the state of Principal place of business; partnerships: citizenship of ALL of its members
diversity exclusions
divorce, alimony, child custody, probate; collusion to create diversity
well pleaded complaint rule
P must be enforcing a fed right to get fed Q jurisdx
supplemental jurisdx test
"does the claim share a common nucleus of operative fact with the underlying case?"
pendent party jurisdx
permits a state law claim against a pendent (2nd) party for a claim w/common nucleus
supplemental jurisdx exception in diversity
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
removal, big exception
in-state D rule: no removal in diversity cases if any D is a citizen of a forum (doesn't apply to FQ cases)
Lake Erie
Apply state substantive law (elements of claim or defense; SoL; tolling SoL; choice of law rules)
venue
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
methods of serving process
FRCP; law of state where DC sits; or law of state where service is effected
FRCP process serving
personal service; substituted service (leave w/someone who resides there; no mailing req); authorized agent; waiver by mail
Geographic restriction for FRCP process serviving
a fed ct in NY can serve process OUTSIDE ny only if an NY state court could
permissive joinder
if claims (1) arise from same T/O and 2) raise at least one common question
nececssary joinder
if necessary party can't be joined (e.g. would destroy diversity), then balance the factors and proceed or dismiss
compulsory counter-claim
arises from same T/O as P's claim, so must be filed w/answer or waived;
permissive counter-claim
doesn't arise from same T/O, but still need diversity or FQ or supplemental
cross-claim
not compulsory; need SMJ, which may be supplemental
interpleader
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
rule interpleader
reqs exactly like diversity
statutory interpleader
one party must be diverse (no complete diversity); need ≥ $500 in controversey; nationwide service of process; venue where any one claimant resides
class axn reqs
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
class axn diversity
look at citizenship of class rep only; and if her claim > $75k
JMOL
brought after the other side has been heard; so D can go twice; standard: "If reasonable people could not disagree on the result."
JNOV
"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)
affirmative defenses waived if not in federal answer
personal jurisdx, venue, insufficient process
NY battery
none; only assault, which encompasses C/L battery; or attempted assault
criminal facilitation
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