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49 Cards in this Set
- Front
- Back
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What are the elements of an action under diversity jurisdiction?
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1. No plaintiff or defendant can be from the same state
2. The amount in controversy must be more than 75k |
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From what date is diversity determined?
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Date of filing
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Where is a corporation a citizen of?
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1. State of incorporation
2. Principal place of business |
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How do you determine where a corporation's principal place of business is?
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1. Nerve center test - headquarters
2. Muscle Center test - more production than anywhere else 3. Tie breaker - use nerve center test unless all corp activity in one state |
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What is citizenship of an unincorporated association?
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Citizenship of all the members counts for SMJ diversity
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For the purposes of diversity jurisdiction, what is the citizenship of minors, decedents, and incompetents?
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The citizenship of the parties counts not the representative.
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Regardless of diversity, federal courts will not hear actions for ________
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1. Divorce
2. alimony 3. child custody 4. Probate |
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Under federal question jurisdiction the amount in controversy and citizenship of the parties is _________.
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Irrelevant.
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To comply with the well-pleaded complaint rule, what do we ask?
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Is the Plaintiff seeking to enforce a federal right?
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What is the context under which supplemental jurisdiction may apply?
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1. Case is already in federal court
2. there is an additional claim that does not fit in under diversity or federal question |
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When can a claim be added under supplemental jurisdiction?
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Same T/O (common nucleus of operative facts, UNLESS ...
1. its asserted by the plaintiff 2. in a diversity of citizenship case, to overcome a diversity problem |
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When can a defendant remove?
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If it would have been able to be heard in federal court in the first place (diversity/federal question)
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Who can remove?
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Defendant only
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Where and when can a case be removed?
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When - within 30 days after service
Where - district embracing the state court where the claim was filed |
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What is the rule under the Erie doctrine?
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In a diversity case, the court must apply state substantive law.
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What is clearly substantive under the Erie doctrine?
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1. Elements of a claim or defense
2. Statutes of limitation 3. Rules for tolling SOL 4. Choice of law rules |
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When a state law is not clearly substantive, what is the test under the Erie doctrine?
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1. Is there a federal law on point (FRCP) that clearly conflicts with the state law
2. If so apply the federal law (supremacy clause) |
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Where is venue proper for local actions?
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Venue is proper in the district where the land is located.
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Where is venue proper for transitory actions?
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1. Any district where all the defendant reside OR
2. Any district where a substantial part of the claim arose |
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Where is an individual's residence for the purposes of domicile?
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Usually same place as domicile
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When can a claim be added under supplemental jurisdiction?
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Same T/O (common nucleus of operative facts, UNLESS ...
1. its asserted by the plaintiff 2. in a diversity of citizenship case, to overcome a diversity problem |
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When can a defendant remove?
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If it would have been able to be heard in federal court in the first place (diversity/federal question)
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Who can remove?
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Defendant only
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Where and when can a case be removed?
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When - within 30 days after service
Where - district embracing the state court where the claim was filed |
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What is the rule under the Erie doctrine?
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In a diversity case, the court must apply state substantive law.
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What is clearly substantive under the Erie doctrine?
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1. Elements of a claim or defense
2. Statutes of limitation 3. Rules for tolling SOL 4. Choice of law rules |
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When a state law is not clearly substantive, what is the test under the Erie doctrine?
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1. Is there a federal law on point (FRCP) that clearly conflicts with the state law
2. If so apply the federal law (supremacy clause) |
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Where is venue proper for local actions?
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Venue is proper in the district where the land is located.
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Where is venue proper for transitory actions?
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1. Any district where all the defendant reside OR
2. Any district where a substantial part of the claim arose |
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Where is an individual's residence for the purposes of venue?
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Usually same place as domicile
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Where is a corporation's residence for the purpose of venue?
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Any district where the corporation would be subject to personal jurisdiction.
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To where can venue be transferred?
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To another federal court where the case "could have been brought" (proper venue that has PJ over D)
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What parties MAY be joined?
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1. Claim arises from same T/O
2. Raises at least one common question |
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What parties must be joined?
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Necessary Parties
1. Without absentee cannot give relief to the current parties 2. Absentee's interests will be harmed if not joined 3. Absentee asserts a claim that may subject a party (usually the D) to multiple obligations 4. Must be PJ and SMJ |
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What is a compulsive counterclaim?
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Defendant counterclaim that arises from the same T/O as the plaintiff's claim
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What is a permissive counterclaim?
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Defendant counterclaim that does not arise from the same T/O as the plaintiff's claim
Remember to always check for SMJ! |
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What is a cross claim?
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An offensive claim against a co-party that must arise from the same T/O but is never compulsory,
Remember to check for SMJ!! |
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What is impleader?
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D joins a 3rd party defendant because the TPD might be liable to the D for claims by P against the defendant.
Remember to check for SMJ!! |
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What is interpleader?
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Party with money or property wants to force all potential claimants into a single case to avoid multiple litigation and inconsistent verdicts
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What may a court do under interpleader?
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Court may issue an injunction requiring all litigants to stop litigating ownership questions in other courts
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Under rule interpleader, the stakeholder must be _________ and the amount in controversy must be _________.
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1. Diverse from every claimant
2. 75k |
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Under statute interpleader, one claimant must be _________ and the amount in controversy must be _________.
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1. Diverse from the others
2. $500 |
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What are the initial requirements for a class action?
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1. Too numerous for a practical joinder
2. Some questions of law and fact are common to the class 3. Rep's claims/defenses are representative of the class 4. Rep will adequately and fairly represent the class. |
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Name and distinguish three types of class actions.
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1. Prejudice - class treatment to avoid harm to class or part of it
2. Injunction/Declaratory Relief (class members treated alike by injuring party) 3. Damages - (class qu. dominate and class is best instrument) |
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When must a court decide whether to certify a class?
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at an "early practicable time" then will appoint counsel that will fairly and accurately represent the class.
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What notice must be given to a class in a class action suit?
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Only under type 3 action
1. That members can opt out 2. That they will be bound by the judgment if they dont 3. They can enter through separate counsel |
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For the purposes of diversity jurisdiction, what members of the class count?
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Just the representative.
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May congress limit the jurisdiction of the federal courts?
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Yes.
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Congress has ______ ________ to burden interstate commerce.
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1. Plenary
2. Power |
