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23 Cards in this Set
- Front
- Back
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Domicile of Corp
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(1) Place of incorporation;
(2) One state where corp has it's principal place of business |
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What is the test for Federal Question Jurisdiction
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Well-Pleaded Complaint Rule:
does the claim, without extra material, indicate the enforcement of a federal right? |
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Rule for Supplemental Jurisdiction
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Any claim can be raised in federal court if it ARISES FROM THE SAME TRANSACTION OR OCCURRENCE
unless (1)asserted by P (2) in a diversity case (3) and would destroy complete diversity |
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Does Court have discretion to deny supplemental jurisdiction
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Yes, if
(1) Fed question is dismised early; (2) state law claims would predominate; (3) state law claim is complex |
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Removal Time Bar no matter what
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1 year after case was filed in state court
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Can a home-state D remove to fed court?
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Never. Applies if any D is a citizen of the forum state
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Time Limit for Removal
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30 days from service of first removable document
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How do we Know if something is substantive for Erie?
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If there's a fed law on point, supremacy clause!
xOtherwise, (1) Outcome determinative; (2) Balance of interests; (3) Avoid forum shopping |
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Proper Venue
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(1) substantial part of claim arose;
(2) where all D's reside (remember special rule if different districts but all are in the same state => any district works then). Residence = where you're subject to personal jurisdiction (corps) or domicile (people) |
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What choice-of-law rules follow a case that gets transferred?
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Original court's
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How can fed court serve process?
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Anyone 18+ who's not a party to the action can serve process.
Valid Methods (1) FRCP, (2) law of state in which it sits; (3) law of state where service is to be done |
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What substitute service is allowed by FRCP?
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(1) give it at D's home;
(2) to someone of suitable age and discretion; (3) who resides there |
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Does fed court have long-arm jurisdiction to reach outside the forum state?
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Only if courts of the forum state do
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Permissive Joinder Allowed when…
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(1) claims arise from same transaction or occurrence;
AND (2) raise at least one common question |
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When is joinder required?
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(1) Absentee will be harmed otherwise;
(2) without absentee, can't give complete relief; (3) absentee has interest which subjects party to multiple obligations |
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What are the balancing factors for determining whether to proceed w/o an absentee or to declare him a Necessary Party?
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(1) Alternative forum available that will work?;
(2) Likelihood of harm to anyone; (3) can court shape the order to avoid the harm. |
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When is a counter-claim compulsory?
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If it arises out of the same transactin or occurrence as P's claim. Failure to file with answer => waived forever.
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When are cross-claims allowed?
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If it arises out of same transaction or occurrence as the underlying action.
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When can P assert a claim against a TPD?
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If it arises out of same transaction or occurrence as the underlying action.
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Statutory Interpleader
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(1) amount >= $500;
(2) minimal diversity among CLAIMANTS; (3) nationwide service of process; (4) venue in any district where a claimant resides |
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Standard for (Renewed) Judgment as a Matter of Law
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reasonable people could not disagree on the result
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When is Intervention As of Right
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(1) interest will be harmed if not joined;
(2) interests aren't currently adequately represented |
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what is Notice Pleading
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Pleading is sufficient if it shows facts that support a plausible claim (thus putting D on notice).
Specificy is required if you allege Fraud Mistake Special Damages |
