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99 Cards in this Set

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MOTION FOR SUMMARY JUDGMENT

In VA, a motion for summary judgment (CAN/CANNOT) be supported by DEPOSITIONS.

In federal court, a motion for summary judgment (CAN/CANNOT) be supported by DEPOSITIONS.
MOTION FOR SUMMARY JUDGMENT

In VA, a motion for summary judgment CANNOT be supported by DEPOSITIONS.


In federal court, a motion for summary judgment CAN be supported by DEPOSITIONS.
MOTION FOR A NEW TRIAL

Must be filed w/i ____ DAYS from the date the judgment is entered.
MOTION FOR A NEW TRIAL

Must be filed w/i 10 DAYS from the date the judgment is entered.
MOTION TO SET ASIDE A FINAL JUDGMENT

Must be raised w/i ____ YEAR of the judgment.
MOTION TO SET ASIDE A FINAL JUDGMENT

Must be raised w/i 1 YEAR of the judgment.
PROCEDURAL DEVICES THAT MAY TERMINATE CASE:

(1) _________ MOTION

(2) _________ DISMISSAL BY P

(3) MOTION FOR ___________ ON THE __________

(4) ___________ JUDGMENT

(5) JUDGMENT ON _________ FINDINGS

(6) MOTION FOR JUDGMENT AS A __________ OF _____ (ie. _________ VERDICT)

(7) ___________ MOTION FOR JUDGMENT AS A MATTER OF _____ (ie. JNOV).
PROCEDURAL DEVICES THAT MAY TERMINATE CASE:

(1) PRE-ANSWER MOTION

(2) VOLUNTARY DISMISSAL BY P

(3) MOTION FOR JUDGMENT ON THE PLEADINGS

(4) SUMMARY JUDGMENT

(5) JUDGMENT ON PARTIAL FINDINGS

(6) MOTION FOR JUDGMENT AS A MATTER OF LAW (ie. DIRECTED VERDICT)

(7) RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW (ie. JNOV).
SUMMARY JUDGMENT

This motion must be granted if, from the _________, AFFIDAVITS, and _________ MATERIALS, it appears that:

o NO _________ ISSUE of ________ FACT EXISTS; and that the

o MOVING ________ is entitled to __________ AS A MATTER OF ______.

NOTE: RULE ____
SUMMARY JUDGMENT

This motion must be granted if, from the PLEADINGS, AFFIDAVITS, and DISCOVERY MATERIALS, it appears that:

o NO GENUINE ISSUE of MATERIAL FACT EXISTS; and that the

o MOVING PARTY is entitled to JUDGMENT AS A MATTER OF LAW.

NOTE: RULE 56
MOTION FOR SUMMARY JUDGMENT--WHEN?

The DEFENDING PARTY may move for summary judgment ___ ____ TIME.

HOWEVER, the ________ may NOT do so until ____ DAYS AFTER __________ OF THE ACTION or after an _______ PARTY moves for summary judgment.
MOTION FOR SUMMARY JUDGMENT--WHEN?

The DEFENDING PARTY may move for summary judgment AT ANY TIME.

HOWEVER, the CLAIMANT may NOT do so until 20 DAYS AFTER COMMENCEMENT OF THE ACTION or after an ADVERSE PARTY moves for summary judgment.
Choose one:

Denial of a motion for summary judgment (IS/IS NOT) appealable.
Choose one:

Denial of a motion for summary judgment is NOT appealable.
__________: This allows the plaintiff to choose between a LESSER AWARD or a NEW TRIAL.
REMITTITUR: This allows the plaintiff to choose between a LESSER AWARD or a NEW TRIAL.
REMITTITUR allows the P to choose between a _______ AWARD or a _____ TRIAL.
REMITTITUR allows the P to choose between a LESSER AWARD or a NEW TRIAL.
MOTION FOR NEW TRIAL

Must be filed W/I ____ DAYS of ENTRY OF JUDGMENT.
MOTION FOR NEW TRIAL

Must be filed W/I 10 DAYS of ENTRY OF JUDGMENT.
JUDGMENT AS A MATTER OF LAW

This allows judgment to be granted for ________ PARTY if the evidence is such that _________ PERSONS COULD ____ DISAGREE.

When may it be filed?

NOTE: The evidence must be viewed IN THE _______ MOST _________ TO THE __________ PARY.
JUDGMENT AS A MATTER OF LAW

This allows judgment to be granted for EITHER PARTY if the evidence is such that REASONABLE PERSONS COULD NOT DISAGREE.

May be filed at the close of the evidence / before submitting the case to the jury.

NOTE: The evidence must be viewed IN THE LIGHT MOST FAVORABLE TO THE NONMOVING PARY.
VOLUNTARY DISMISSAL BY PLAINTIFF

A P may dismiss his action:

o ________ PREJUDICE;

o As a MATTER OF ________;

o Only BEFORE D FILES AN ________ or a MOTION FOR _________ ________; or

o BY __________ of ___ PARTIES.

NOTE: Otherwise, a dismissal w/o prejudice can be taken ONLY w/ ________ OF COURT.
VOLUNTARY DISMISSAL BY PLAINTIFF

A P may dismiss his action:

o WITHOUT PREJUDICE;

o As a MATTER OF RIGHT;

o Only BEFORE D FILES AN ANSWER or a MOTION FOR SUMMARY JUDGMENT; or

o BY STIPULATION of ALL PARTIES.

NOTE: Otherwise, a dismissal w/o prejudice can be taken ONLY w/ LEAVE OF COURT.
REMOVAL JURISDICTION--ORIGINAL JURISDICTION NECESSARY

An action filed in _______ COURT may be removed to ________ COURT if:

(1) It COULD HAVE __________ BEEN FILED in ________ COURT; and

(2) For cases removed ON THE BASIS OF __________, NO D is a _________ of the ________ WHERE THE ACTION IS FILED.

NOTE: JURISIDICTION is tested as of the DATE OF _________.
REMOVAL JURISDICTION--ORIGINAL JURISDICTION NECESSARY

An action filed in STATE COURT may be removed to FEDERAL COURT if:

(1) It COULD HAVE ORIGINALLY BEEN FILED in FEDERAL COURT; and

(2) For cases removed ON THE BASIS OF DIVERSITY, NO D is a CITIZEN of the STATE WHERE THE ACTION IS FILED.

NOTE: JURISIDICTION is tested as of the DATE OF REMOVAL.
REMOVAL JURISDICTION

(1) FEDERAL _________ INSUFFICIENT

(2) _______ COURT NEED ____ HAVE HAD ___________
REMOVAL JURISDICTION

(1) FEDERAL DEFENSE INSUFFICIENT

(2) STATE COURT NEED NOT HAVE HAD JURISDICTION
REMOVAL JURISDICTION

ONLY _________ can exercise the RIGHT OF _________!

If there is MORE THAN ____ D, _____ D'S MUST JOIN IN THE _________ FOR REMOVAL.
REMOVAL JURISDICTION

ONLY DEFENDANTS can exercise the RIGHT OF REMOVAL!

If there is MORE THAN ONE D, ALL D'S MUST JOIN IN THE PETITION FOR REMOVAL.
REMOVAL JURISDICTION--VENUE

Venue lies in the FEDERAL _________ COURT EMBRACING THE ________ AND ________ IN WHICH THE STATE ACTION IS PENDING.
REMOVAL JURISDICTION--VENUE

Venue lies in the FEDERAL DISTRICT COURT EMBRACING THE DISTRICT AND DIVISION IN WHICH THE STATE ACTION IS PENDING.
LIMITATIONS ON REMOVAL IN DIVERSITY OF CITIZENSHIP CASES

When jurisdiction of the _______ COURT is based on ________ and one of the D's is a _________ of the STATE IN WHICH THE ________ ACTION IS BROUGHT, the action is ____ REMOVABLE.

ALSO, a case may ____ be removed on the basis of ________ JURISDICTION more than ___ YEAR _______ IT WAS BROUGHT IN STATE COURT.
LIMITATIONS ON REMOVAL IN DIVERSITY OF CITIZENSHIP CASES

When jurisdiction of the FEDERAL COURT is based on DIVERSITY and one of the D's is a CITIZEN of the STATE IN WHICH THE STATE ACTION IS BROUGHT, the action is NOT REMOVABLE.

ALSO, a case may NOT be removed on the basis of DIVERSITY JURISDICTION more than 1 YEAR AFTER IT WAS BROUGHT IN STATE COURT.
DISMISSAL OF ________ PARTY ALLOWS REMOVAL

When NO ________ QUESTION is involved and diversity does ____ exist b/c a party is a ________ of an opposing party, removal will be _________ if the nondiverse parties are thereafter ___________ from the action and there is _________ DIVERSITY between the _________ PARTIES.
DISMISSAL OF NONDIVERSE PARTY ALLOWS REMOVAL

When NO FEDERAL QUESTION is involved and diversity does NOT exist b/c a party is a CO-CITIZEN of an opposing party, removal will be PERMITTED if the nondiverse parties are thereafter DISMISSED from the action and there is COMPLETE DIVERSITY between the REMAINING PARTIES.
D MAY REMOVE ________ AND INDEPENDENT CLAIM

When there are _______ CLAIMS or ________ PARTIES, D may remove the whole case if it contains "a ________ and ________ CLAIM OR _______ OF ACTION" w/i ________ QUESTION JURISDICTION.
D MAY REMOVE SEPARATE AND INDEPENDENT CLAIM

When there are MULTIPLE CLAIMS or MULTIPLE PARTIES, D may remove the whole case if it contains "a SEPARATE and INDEPENDENT CLAIM OR CAUSE OF ACTION" w/i FEDERAL QUESTION JURISDICTION.
PROCEDURE FOR REMOVAL

A D seeking removal MUST FILE a _______ OF REMOVAL in the _________ DISTRICT COURT in the ________ and _______ W/I WHICH THE ACTION IS _________.

A ______ of the notice should be sent to the OTHER ________ and to the _______ COURT.
PROCEDURE FOR REMOVAL

A D seeking removal MUST FILE a NOTICE OF REMOVAL in the FEDERAL DISTRICT COURT in the DISTRICT and DIVISION W/I WHICH THE ACTION IS PENDING.

A COPY of the notice should be sent to the OTHER PARTIES and to the STATE COURT.

NOTE: Once this is done, the state court can no longer deal w/ the case!
PROCEDURE FOR REMOVAL--TIME

_______ OF REMOVAL: Must be filed w/i ____ days after D receives ________ that the CASE IS or HAS BECOME __________.

However, (for _________ CASES only) in ___ event more than ___ YEAR AFTER the case was ___________.
PROCEDURE FOR REMOVAL--TIME

NOTICE OF REMOVAL: Must be filed w/i 30 days after D receives NOTICE that the case IS or HAS BECOME REMOVABLE.

However, (for DIVERSITY CASES only) in NO event more than 1 YEAR AFTER the case was COMMENCED.
PROCEDURE FOR REMOVAL--REMAND

The P can file a _______ to have the case remanded TO THE _______ COURT.

A case will be remanded if there is NO _________ JURISDICTION.

The _______ COURT has _________ to remand a case to state court ONCE ALL _______ CLAIMS HAVE BEEN _________, leaving ONLY ______ CLAIMS OVER WHICH THERE IS NO ________ JURISDICTION.
PROCEDURE FOR REMOVAL--REMAND

The P can file a MOTION to have the case remanded TO THE STATE COURT.

A case will be remanded if there is NO FEDERAL JURISDICTION.

The FEDERAL COURT has DISCRETION to remand a case to state court ONCE ALL FEDERAL CLAIMS HAVE BEEN RESOLVED, leaving ONLY STATE CLAIMS OVER WHICH THERE IS NO DIVERSITY JURISDICTION.
REMOVAL ISSUES

A _______ COURT MUST HAVE _________ over the case; _________ NEED ____ HAVE BEEN ________ IN THE ______ COURT.
REMOVAL ISSUES

A FEDERAL COURT MUST HAVE JURISDICTION over the case; JURISDICTION NEED NOT HAVE BEEN PROPER IN THE STATE COURT.
REMOVAL ISSUES

Removal is to the federal district court WHOSE _________ ENCOMPASSES THE _______ COURT.
REMOVAL ISSUES

Removal is to the federal district court WHOSE TERRITORY ENCOMPASSES THE STATE COURT.
REMOVAL ISSUES

ONLY ____ can remove; ____ D's must join in the removal.
REMOVAL ISSUES

ONLY D's can remove; ALL D's must join in the removal.
REMOVAL ISSUES

A case BASED ON ________ may ____ BE REMOVED if ANY D is a ________ OF THE ________ STATE.
REMOVAL ISSUES

A case BASED ON DIVERSITY may NOT BE REMOVED if ANY D is a CITIZEN OF THE FORUM STATE.
REMOVAL ISSUES

Notice of removal must be _______ W/I ____ DAYS of the date D receives a ______ of the INITIAL __________;

Or w/i ____ DAYS of when the case becomes removable.
REMOVAL ISSUES

Notice of removal must be FILED W/I 30 DAYS of the date D receives a COPY of the INITIAL PLEADING;

Or w/i 30 DAYS of when the case becomes removable.
REMOVAL ISSUES

If a case becomes removable (as by dismissal of a _________ D), the case may be removed W/I ____ DAYS OF THE DATE IT BECOMES __________, BUT ____ MORE THAN ___ YEAR AFTER IT WAS BROUGHT IN _______ COURT.
REMOVAL ISSUES

If a case becomes removable (as by dismissal of a NONDIVERSE D), the case may be removed W/I 30 DAYS OF THE DATE IT BECOMES REMOVABLE, BUT NOT MORE THAN 1 YEAR AFTER IT WAS BROUGHT IN STATE COURT.
REMOVAL ISSUES

If a case becomes removable, it may be removed W/I ____ DAYS OF THE DATE IT BECOMES REMOVABLE, BUT ____ MORE THAN ___ YEAR AFTER IT WAS BROUGHT IN _______ COURT.
REMOVAL ISSUES

If a case becomes removable, it may be removed W/I 30 DAYS OF THE DATE IT BECOMES REMOVABLE, BUT NOT MORE THAN 1 YEAR AFTER IT WAS BROUGHT IN STATE COURT.
REMOVAL ISSUES

If the case contains a ________ and _________ CLAIM BASED ON A __________ QUESTION, D may remove the _______ CASE.
REMOVAL ISSUES

If the case contains a SEPARATE and INDEPENDENT CLAIM BASED ON A FEDERAL QUESTION, D may remove the WHOLE CASE.
A D (CAN/CANNOT) remove on the basis that he has a defense grounded in federal law.
A D CANNOT remove on the basis that he has a defense grounded in federal law.

NOTE: The existence of a federal defense is insufficient to confer original federal question jurisdiction!
REMOVAL--STATE COURT NEED NOT HAVE HAD JURISDICTION

Even when the state court has no jurisdiction b/c the action is exclusively _________, the _________ court may hear and decide the case under its removal jurisdiction.
REMOVAL--STATE COURT NEED NOT HAVE HAD JURISDICTION

Even when the state court has no jurisdiction b/c the action is exclusively FEDERAL, the FEDERAL court may hear and decide the case under its removal jurisdiction.
SUBJECT MATTER JURISDICTION DISTINGUISHED

(1) SUBJECT MATTER JURISDICTION is the power of the court to adjudicate the ________ before it.

VENUE relates to the proper ________ in which to bring the action.

(2) SUBJECT MATTER JURISDICTION is a question of POWER or _________.

VENUE is a question of __________.

(3) SUBJECT MATTER JURISDICTION cannot be conferred BY __________.

VENUE (CAN/CANNOT) BE.

(4) A court (CAN/CANNOT) have subject matter jurisdiction without having proper venue.
SUBJECT MATTER JURISDICTION DISTINGUISHED

(1) SUBJECT MATTER JURISDICTION is the power of the court to adjudicate the MATTER before it.

VENUE relates to the proper DISTRICT in which to bring the action.

(2) SUBJECT MATTER JURISDICTION is a question of POWER or AUTHORITY.

VENUE is a question of CONVENIENCE.

(3) SUBJECT MATTER JURISDICTION cannot be conferred BY AGREEMENT.

VENUE CAN BE.

(4) A court CAN have subject matter jurisdiction without having proper venue.
VENUE--GENERAL RULES

Venue in civil actions in the _______ COURTS is proper in:

(1) A JUDICIAL ________ where ANY D ________, if all D's reside in the same state;

(2) A judicial district in which A _________ PART OF THE ________ OR __________ giving rise to the claim occurred, or a SUBSTANTIAL PART OF _________ that is the subject of the action is situated; or

(3) If there is no district anywhere in the U.S. that satisfies (1) or (2),

o For actions based SOLELY ON ________, a judicial district in which ANY ____ IS SUBJECT TO _________ JURISDICTION AT THE TIME THE ACTION IS ___________; or

o For actions ____ BASED SOLELY ON _________, a judicial district in which ANY ____ MAY BE ________.
VENUE--GENERAL RULES

Venue in civil actions in the FEDERAL COURTS is proper in:

(1) A JUDICIAL DISTRICT where ANY D RESIDES, if all D's reside in the same state;

(2) A judicial district in which A SUBSTANTIAL PART OF THE EVENTS OR OMISSIONS giving rise to the claim occurred, or a SUBSTANTIAL PART OF PROPERTY that is the subject of the action is situated; or

(3) If there is no district anywhere in the U.S. that satisfies (1) or (2),

o For actions based SOLELY ON DIVERSITY, a judicial district in which ANY D IS SUBJECT TO PERSONAL JURISDICTION AT THE TIME THE ACTION IS COMMENCED; or

o For actions NOT BASED SOLELY ON DIVERSITY, a judicial district in which ANY D MAY BE FOUND.
RESIDENCE FOR VENUE PURPOSES

An individual's residence for federal venue purposes is determined by the person's ________.
RESIDENCE FOR VENUE PURPOSES

An individual's residence for federal venue purposes is determined by the person's DOMICILE.
RESIDENCE--INDIVIDUALS

An individual's residence for federal venue purposes is determined by the person's ________.
RESIDENCE--INDIVIDUALS

An individual's residence for federal venue purposes is determined by the person's DOMICILE.
RESIDENCE--CORPORATIONS

For purposes of venue, a D corporation is deemed to reside IN ____ JURISDICTION IN WHICH IT IS SUBJECT TO _________ JURISDICTION.
RESIDENCE--CORPORATIONS

For purposes of venue, a D corporation is deemed to reside IN ANY JURISDICTION IN WHICH IT IS SUBJECT TO PERSONAL JURISDICTION.
RESIDENCE--UNINCORPORATED ASSOCIATIONS

An unincorporated association is deemed to reside WHERE IT ______ _________.
RESIDENCE--UNINCORPORATED ASSOCIATIONS

An unincorporated association is deemed to reside WHERE IT DOES BUSINESS.
VENUE IN "LOCAL ACTIONS"

Local actions must be brought in a ________ where the property that is the subject matter of the action is _________.
VENUE IN "LOCAL ACTIONS"

Local actions must be brought in a DISTRICT where the property that is the subject matter of the action is LOCATED.
VENUE

Unlike jurisdiction over the subject matter, VENUE may be _________ by the parties.

Venue is considered to be waived UNLESS _______ _________ is made to the improper venue.
VENUE

Unlike jurisdiction over the subject matter, VENUE may be WAIVED by the parties.

Venue is considered to be waived UNLESS TIMELY OBJECTION is made to the improper venue.
VENUE--TRANSFER

Even if venue is proper, the court may transfer the case for the __________ of the parties to any ______ where it could have originally been ________.

If original venue is ________, transfer is more appropriate than ________ EXCEPT in ___________ CIRCUMSTANCES.

The ________ for transfer is the "INTEREST OF ________."

The transferee forum must have ________ MATTER JURISDICTION and _________ JURISDICTION over the D, and _______ must be proper.
VENUE--TRANSFER

Even if venue is proper, the court may transfer the case for the CONVENIENCE of the parties to any COURT where it could have originally been FILED.

If original venue is IMPROPER, transfer is more appropriate than DISMISSAL EXCEPT in EXTRAORDINARY CIRCUMSTANCES.

The STANDARD for transfer is the "INTEREST OF JUSTICE."

The transferee forum must have SUBJECT MATTER JURISDICTION and PERSONAL JURISDICTION over the D, and VENUE must be proper.
LAW APPLICABLE UPON TRANSFER

If original venue was PROPER, apply the law of the state in which the _________ sits.

If original venue was IMPROPER, apply the law of the state in which the _________ court sits.
LAW APPLICABLE UPON TRANSFER

If original venue was PROPER, apply the law of the state in which the TRANSFEROR sits.

If original venue was IMPROPER, apply the law of the state in which the TRANSFEREE court sits.
VENUE

NOTE: The law of the transferor court applies even where P, having chosen an _________ (but proper) venue in the first place, later seeks a transfer for _________.
VENUE

NOTE: The law of the transferor court applies even where P, having chosen an INCONVENIENT (but proper) venue in the first place, later seeks a transfer for CONVENIENCE.
FEDERAL QUESTION JURISDICTION

o The district courts have ________ jurisdiction over all _______ actions arising under the _________, _____, or __________ of the U.S.
NOTE: Federal question MUST appear in ________.

o The existence of a _______ based on federal law will ____ create ________ QUESTION JURISDICTION.

o A complaint does ____ raise a federal question if it does so only IN __________ of some defense.
FEDERAL QUESTION JURISDICTION

o The district courts have ORIGINAL jurisdiction over all CIVIL actions arising under the CONSTITUTION, LAWS, or TREATIES of the U.S.

NOTE: Federal question MUST appear in COMPLAINT.

o The existence of a DEFENSE based on federal law will NOT create FEDERAL QUESTION JURISDICTION.

o A complaint does NOT raise a federal question if it does so only IN ANTICIPATION of some defense.
FEDERAL QUESTION JURISDICTION

There can be an ______ federal right of action--it is ____ essential that the federal statute __________ provide for a ________ cause of action for a violation.
FEDERAL QUESTION JURISDICTION

There can be an IMPLIED federal right of action--it is NOT essential that the federal statute EXPRESSLY provide for a CIVIL cause of action for a violation.
FEDERAL QUESTION JURISDICTION--CORPORATIONS

Federal question jurisdiction does ____ arise merely from the fact that a corporate party was ___________ by an ACT OF _________ unless the U.S. owns ______ THAN ________ of the corporation's _________ STOCK.
FEDERAL QUESTION JURISDICTION--CORPORATIONS

Federal question jurisdiction does NOT arise merely from the fact that a corporate party was INCORPORATED by an ACT OF CONGRESS unless the U.S. owns MORE THAN 1/2 of the corporation's CAPITAL STOCK.
FEDERAL QUESTION JURISDICTION--PENDENT (SUPPLEMENTAL) JURISDICTION

(1) PENDENT CLAIMS

If a P has both ______ and _______ CLAIMS, the federal court has _________ to exercise pendent jurisdiction over the claim based on ______ LAW if the two claims "DERIVE FROM A ________ _________ OF OPERATIVE _______" and are such that a P "would ordinarily be ________ to try them all in one judicial __________."

Pendent jurisdiction, along w/ _________ jurisdiction, is now codified under the name "___________ ____________."


(2) PENDENT PARTIES

Claims asserted by parties ______ THAN P can invoke supplemental jurisdiction in ___ case that arises from the SAME __________ OR __________ AS THE __________ CLAIM, whether it got into federal court by _________ of citizenship or federal question jurisdiction.

o Claims asserted by P, however, can invoke supplemental jurisdiction ______ in __________ __________ CASES.
FEDERAL QUESTION JURISDICTION--PENDENT (SUPPLEMENTAL) JURISDICTION

(1) PENDENT CLAIMS

If a P has both FEDERAL and STATE CLAIMS, the federal court has DISCRETION to exercise pendent jurisdiction over the claim based on STATE LAW if the two claims "DERIVE FROM A COMMON NUCLEUS OF OPERATIVE FACT" and are such that a P "would ordinarily be EXPECTED to try them all in one judicial PROCEEDING."

Pendent jurisdiction, along w/ ANCILLARY jurisdiction, is now codified under the name "SUPPLEMENTAL JURISDICTION."


(2) PENDENT PARTIES

Claims asserted by parties OTHER THAN P can invoke supplemental jurisdiction in ANY case that arises from the SAME TRANSACTION OR OCCURRENCE AS THE ORIGINAL CLAIM, whether it got into federal court by DIVERSITY of citizenship or federal question jurisdiction.

o Claims asserted by P, however, can invoke supplemental jurisdiction ONLY in FEDERAL QUESTION CASES.
FEDERAL QUESTION JURISDICTION--PENDENT CLAIMS

If a P has both ______ and _______ CLAIMS, the federal court has _________ to exercise pendent jurisdiction over the claim based on ______ LAW if the two claims "DERIVE FROM A ________ _________ OF OPERATIVE _______" and are such that a P "would ordinarily be ________ to try them all in one judicial __________."

Pendent jurisdiction, along w/ _________ jurisdiction, is now codified under the name "___________ ____________."

o EFFECT OF ________ OF FEDERAL CLAIM ON PENDANT CLAIM-->The court may exercise _________ jurisdiction over the ______ claim even if the federal claim is ________ on the ______. However, the _____ claim should probably also be dismissed if the _________ claim is dismissed before _______.
FEDERAL QUESTION JURISDICTION--PENDENT CLAIMS

If a P has both FEDERAL and STATE CLAIMS, the federal court has DISCRETION to exercise pendent jurisdiction over the claim based on STATE LAW if the two claims "DERIVE FROM A COMMON NUCLEUS OF OPERATIVE FACT" and are such that a P "would ordinarily be EXPECTED to try them all in one judicial PROCEEDING."
Pendent jurisdiction, along w/ ANCILLARY jurisdiction, is now codified under the name "SUPPLEMENTAL JURISDICTION."

o EFFECT OF DISMISSAL OF FEDERAL CLAIM ON PENDANT CLAIM-->The court may exercise PENDENT jurisdiction over the STATE claim even if the federal claim is DISMISSED on the MERITS. However, the STATE claim should probably also be dismissed if the FEDERAL claim is dismissed before TRIAL.
FEDERAL QUESTION JURISDICTION--SPECIFIC STATUTORY GRANTS

There is ___ amount in controversy requirement in _______ QUESTION CASES (w/ the limited exception for cases brought against ________ PARTIES under the CONSUMER _________ SAFETY ACT).

Jurisdiction of the federal courts is ___________ of the state courts in:

(1) _____________ PROCEEDINGS;

(2) PATENT AND __________ CASES;

(3) MANY CASES WHERE THE ____ IS INVOLVED;

(4) Cases where _________ are sued as D's;

(5) _________ CASES;

(6) Actions against ________ STATES removed from _______ courts to _______ courts;

(7) POSTAL _________;

(8) INTERNAL ________ SERVICE CASES;

(9) SECURITIES ________ ACT CASES; and

(10) _________ CASES.
FEDERAL QUESTION JURISDICTION--SPECIFIC STATUTORY GRANTS

There is NO amount in controversy requirement in FEDERAL QUESTION CASES (w/ the limited exception for cases brought against PRIVATE PARTIES under the CONSUMER PRODUCT SAFETY ACT).

Jurisdiction of the federal courts is EXCLUSIVE of the state courts in:

(1) BANKRUPTCY PROCEEDINGS;

(2) PATENT AND COPYRIGHT CASES;

(3) MANY CASES WHERE THE U.S. IS INVOLVED;

(4) Cases where CONSULS are sued as D's;

(5) ANTITRUST CASES;

(6) Actions against FOREIGN STATES removed from STATE courts to FEDERAL courts;

(7) POSTAL MATTERS;

(8) INTERNAL REVENUE SERVICE CASES;

(9) SECURITIES EXCHANGE ACT CASES; and

(10) ADMIRALTY CASES.
DIVERSITY OF CITIZENSHIP JURISDICTION--COMPLETE DIVERSITY

There must be "complete diversity" when the action is __________. This means that EVERY P MUST BE OF DIVERSE __________ FROM EVERY ____.

If one ___ and one ___ are _________ of the same state, there is ___ diversity jurisdiction.

The ________ IN CONTROVERSY must also exceed $_______, exclusive of _______ and ______.
DIVERSITY OF CITIZENSHIP JURISDICTION--COMPLETE DIVERSITY

There must be "complete diversity" when the action is COMMENCED. This means that EVERY P MUST BE OF DIVERSE CITIZENSHIP FROM EVERY D.

If one P and one D are CO-CITIZENS of the same state, there is NO diversity jurisdiction.

The AMOUNT IN CONTROVERSY must also exceed $75,000, exclusive of INTEREST and COSTS.
Diversity of citizenship must exist AS OF THE TIME THE SUIT IS __________.

Diversity need ____ exist at the time the cause of action _______.

Diversity is NOT _________ if, after commencement of the action, a party later becomes a ________ of the same state as one of his opponents.
Diversity of citizenship must exist AS OF THE TIME THE SUIT IS INSTITUTED.

Diversity need NOT exist at the time the cause of action AROSE.

Diversity is NOT DEFEATED if, after commencement of the action, a party later becomes a CITIZEN of the same state as one of his opponents.
DIVERSITY OF CITIZENSHIP JURISDICTION REQUIREMENTS--INTERPLEADER EXCEPTION

There is a federal interpleader statute exception where ________ DIVERSITY and an AMOUNT IN __________ of $_____ OR MORE are sufficient to confer jurisdiction.
DIVERSITY OF CITIZENSHIP JURISDICTION REQUIREMENTS--INTERPLEADER EXCEPTION

There is a federal interpleader statute exception where MINIMAL DIVERSITY and an AMOUNT IN CONTROVERSY of $500 OR MORE are sufficient to confer jurisdiction.
DIVERSITY OF CITIZENSHIP JURISDICTION--ALIENAGE JURISDICTION

A federal court has ________ MATTER JURISDICTION over disputes between a CITIZEN of a state and an _______, but NOT over TWO _______.
DIVERSITY OF CITIZENSHIP JURISDICTION--ALIENAGE JURISDICTION

A federal court has SUBJECT MATTER JURISDICTION over disputes between a CITIZEN of a state and an ALIEN, but NOT over TWO ALIENS.
DIVERSITY OF CITIZENSHIP JURISDICTION--CITIZENSHIP OF INDIVIDUALS

The determination of the state of citizenship of a _______ PERSON depends on the __________ HOME to which he INTENDS TO ________.

The citizenship of a _______ is that of her _______.
DIVERSITY OF CITIZENSHIP JURISDICTION--CITIZENSHIP OF INDIVIDUALS

The determination of the state of citizenship of a NATURAL PERSON depends on the PERMANENT HOME to which he INTENDS TO RETURN.

The citizenship of a CHILD is that of her PARENTS.
DIVERSITY OF CITIZENSHIP JURISDICTION--CITIZENSHIP OF CORPORATIONS

A corporation is deemed a citizen of _____ STATE OF ITS __________, and also of its ________ PLACE OF ________.

Executive offices in one state and its physical operation wholly or predominantly in another state---the PRINCIPAL PLACE OF BUSINESS is the state where the __________ __________ are conducted.

When the corporation performs its operational activities in many states, the courts have applied a "HOME ______" or "NERVE ________" TEST and held that the _________ PLACE OF BUSINESS is the STATE WHERE THE _________ OFFICES ARE LOCATED.
DIVERSITY OF CITIZENSHIP JURISDICTION--CITIZENSHIP OF CORPORATIONS

A corporation is deemed a citizen of EVERY STATE OF ITS INCORPORATION, and also of its PRINCIPAL PLACE OF BUSINESS.

Executive offices in one state and its physical operation wholly or predominantly in another state---the PRINCIPAL PLACE OF BUSINESS is the state where the PHYSICAL OPERATIONS are conducted.

When the corporation performs its operational activities in many states, the courts have applied a "HOME OFFICE" or "NERVE CENTER" TEST and held that the PRINCIPAL PLACE OF BUSINESS is the STATE WHERE THE EXECUTIVE OFFICES ARE LOCATED.
Where is a corporate D deemed to reside for VENUE purposes?

In ANY ________ DISTRICT in which it is subject to ________ JURISDICTION at the time the action is _________.
Where is a corporate D deemed to reside for VENUE purposes?

In ANY JUDICIAL DISTRICT in which it is subject to PERSONAL JURISDICTION at the time the action is COMMENCED.
DIVERSITY OF CITIZENSHIP JURISDICTION--UNINCORPORATED ASSOCIATIONS

For diversity purposes, an unincorporated assocation is considered a CITIZEN of _____ STATE WHERE ANY _______ IS A CITIZEN.
DIVERSITY OF CITIZENSHIP JURISDICTION--UNINCORPORATED ASSOCIATIONS

For diversity purposes, an unincorporated assocation is considered a CITIZEN of EACH STATE WHERE ANY MEMBER IS A CITIZEN.
DIVERSITY OF CITIZENSHIP JURISDICTION--CLASS ACTIONS

For class actions, diversity is determined on the basis of _________ OF THE ______ MEMBERS OF THE _______ WHO ARE SUING.
DIVERSITY OF CITIZENSHIP JURISDICTION--CLASS ACTIONS

For class actions, diversity is determined on the basis of CITIZENSHIP OF THE NAMED MEMBERS OF THE CLASS WHO ARE SUING.
DIVERSITY OF CITIZENSHIP JURISDICTION--NONRESIDENT U.S. CITIZENS AND ALIENS

A U.S. citizen domiciled abroad is ____ a citizen of any state and is also ____ an alien.

Alienage depends on __________, not domicile.

A __________ resident alien is deemed to be a citizen of the state in which he is _________.
DIVERSITY OF CITIZENSHIP JURISDICTION--NONRESIDENT U.S. CITIZENS AND ALIENS

A U.S. citizen domiciled abroad is NOT a citizen of any state and is also NOT an alien.

Alienage depends on NATIONALITY, not domicile.

A PERMANENT resident alien is deemed to be a citizen of the state in which he is DOMICILED.
ANCILLARY (SUPPLEMENTAL) JURISDICTION

Under this doctrine, a court may entertain claims that could ____, by themselves, invoke ________ QUESTION jurisdiction or ________ jurisdiction if the claims arise from the SAME _________ OR ___________ as the underlying suit, and are ASSERTED BY A PARTY _______ THAN THE ___.
ANCILLARY (SUPPLEMENTAL) JURISDICTION

Under this doctrine, a court may entertain claims that could NOT, by themselves, invoke FEDERAL QUESTION jurisdiction or DIVERSITY jurisdiction if the claims arise from the SAME TRANSACTION OR OCCURRENCE as the underlying suit, and are ASSERTED BY A PARTY OTHER THAN THE P.
DIVERSITY OF CITIZENSHIP JURISDICTION--SUBSTITUTION OF PARTIES

When a party is substituted, the _________ of the substituted party is __________, and that of the ________ PARTY controls; thus, diversity jurisdiction is _____ affected.
DIVERSITY OF CITIZENSHIP JURISDICTION--SUBSTITUTION OF PARTIES

When a party is substituted, the CITIZENSHIP of the substituted party is DISREGARDED, and that of the ORIGINAL PARTY controls; thus, diversity jurisdiction is NOT affected.
EXTENSION OF TIME PERIODS

Certain time periods may NEVER be extended:

o Renewed motion for judgment as a matter of law (___ DAYS)

o Motion to _______ JUDGMENT (___ DAYS)

o Motion for a NEW _______ (___ DAYS)
EXTENSION OF TIME PERIODS

Certain time periods may NEVER be extended:

o Renewed motion for judgment as a matter of law (10 DAYS)

o Motion to AMEND JUDGMENT (10 DAYS)

o Motion for a NEW TRIAL (10 DAYS)
TIMING OF RULE 12 DEFENSES

Lack of jurisdiction over the _______ _________--->May be raised ________, even ON _______.
TIMING OF RULE 12 DEFENSES

Lack of jurisdiction over the SUBJECT MATTER--->May be raised ANYTIME, even ON APPEAL.
TIMING OF RULE 12 DEFENSES

The following defenses are waived if ____ raised by ______ or _______, whichever is ________:

o Lack of jurisdiction over the __________;

o Improper _________;

o Insufficiency of _________; and

o Insufficiency of _________ of process.
TIMING OF RULE 12 DEFENSES

The following defenses are waived if NOT raised by MOTION or ANSWER, whichever is FIRST:

o Lack of jurisdiction over the PERSON;

o Improper VENUE;

o Insufficiency of PROCESS; and

o Insufficiency of SERVICE of process.
TIMING OF RULE 12 DEFENSES

The following may be raised ANYTIME _______ OR ___ TRIAL:

o Failure to STATE A _______ upon which relief can be granted; and

o Failure to ______ AN INDISPENSABLE PARTY (Rule 19).
TIMING OF RULE 12 DEFENSES

The following may be raised ANYTIME BEFORE OR AT TRIAL:

o Failure to STATE A CLAIM upon which relief can be granted; and

o Failure to JOIN AN INDISPENSABLE PARTY (Rule 19).
COUNTERCLAIMS--COMPULSORY AND PERMISSIVE

COMPULSORY-->If the claim arises from the SAME _________ OR OCCURRENCE AS P'S ORIGINAL CLAIM, it MUST be pleaded as a counterclaim or it will be thereafter ________. Need ____ meet the jurisdictional amount.

NOTE: Compulsory counterclaims do NOT exist in VA!!!

PERMISSIVE-->Any other claim D has against P may be asserted as a permissive counterclaim if it meets the __________ REQUIREMENTS for filing a claim in ________ COURT. (MUST / need NOT) meet the jurisdictional amount.
COUNTERCLAIMS--COMPULSORY AND PERMISSIVE

COMPULSORY-->If the claim arises from the SAME TRANSACTION OR OCCURRENCE AS P'S ORIGINAL CLAIM, it MUST be pleaded as a counterclaim or it will be thereafter BARRED. Need NOT meet the jurisdictional amount.

NOTE: Compulsory counterclaims do NOT exist in VA!!!

PERMISSIVE-->Any other claim D has against P may be asserted as a permissive counterclaim if it meets the JURISDICTIONAL REQUIREMENTS for filing a claim in FEDERAL COURT. MUST meet the jurisdictional amount.
INCONSISTENT CLAIMS OR DEFENSES

A party may set out as many ________ claims or defenses as he may have, regardless of __________.
INCONSISTENT CLAIMS OR DEFENSES

A party may set out as many ALTERNATIVE claims or defenses as he may have, regardless of CONSISTENCY.
REPLY

A reply by P is ONLY required when D's ________ contains a __________.

Must be _______ w/i ___ DAYS after service of the answer or, if ordered by the court, w/i ___ DAYS after the court order.
REPLY

A reply by P is ONLY required when D's ANSWER contains a COUNTERCLAIM.

Must be SERVED w/i 20 DAYS after service of the answer or, if ordered by the court, w/i 20 DAYS after the court order.
Pleadings may be amended once as a matter of _______ before a __________ pleading is served, or if none, w/i ____ DAYS of ________ of the pleading.

Thereafter, leave to _______ is BY _______ or by ______ OF COURT, which must be ______ GIVEN.
Pleadings may be amended once as a matter of COURSE before a RESPONSIVE pleading is served, or if none, w/i 20 DAYS of SERVICE of the pleading.

Thereafter, leave to AMEND is BY CONSENT or by LEAVE OF COURT, which must be FREELY GIVEN.
MOTION FOR JUDGMENT AS A MATTER OF LAW

Evidence viewed in the _____ MOST __________ to the motion's ___________ leads a ________ PERSON to a conclusion in favor of the ________ PARTY.

TIMING: AFTER ________ HAS PRESENTED CASE but BEFORE SUBMISSION OF CASE TO ______.
MOTION FOR JUDGMENT AS A MATTER OF LAW

Evidence viewed in the LIGHT MOST FAVORABLE to the motion's OPPONENT leads a REASONABLE PERSON to a conclusion in favor of the MOVING PARTY.

TIMING: AFTER OPPONENT HAS PRESENTED CASE but BEFORE SUBMISSION OF CASE TO JURY.
JOINDER OF CLAIMS

A P can join any ________ and ______ of claims against a D; when multiple P's or multiple D's are involved, it is essential ONLY that at least one of the claims ______ out of a transaction in which ____ were involved.


A P may join two claims if ________ on the first is a __________ to the second.

When jurisdiction is based on ________ of citizenship between P and D, P may ________ all claims that he has against D to satisfy the JURISDICTIONAL ________.


When jurisdiction is based on a __________ QUESTION claim, a nonfederal claim can be joined ONLY if it is part of the same ______ OR ____________ as the federal claim.
JOINDER OF CLAIMS

A P can join any NUMBER and TYPE of claims against a D; when multiple P's or multiple D's are involved, it is essential ONLY that at least one of the claims ARISES out of a transaction in which ALL were involved.


A P may join two claims if SUCCESS on the first is a PREREQUISITE to the second.


When jurisdiction is based on DIVERSITY of citizenship between P and D, P may AGGREGATE all claims that he has against D to satisfy the JURISDICTIONAL AMOUNT.


When jurisdiction is based on a FEDERAL QUESTION claim, a nonfederal claim can be joined ONLY if it is part of the same CASE OR CONTROVERSY as the federal claim.
FEDERAL QUESTION JURISDICTION--PENDENT (SUPPLEMENTAL) JURISDICTION

PENDANT CLAIMS--->
If P has BOTH federal and state claims, the ________ COURT has ________ to exercise pendent jurisdiction over the claim based on ______ LAW if the 2 claims:

(1) Derive from a ________ NUCLEUS OF _________ FACT; and

(2) Are such that P would __________ be expected to try them all in one __________ PROCEEDING.

PENDENT PARTIES--->
Claims asserted by parties ______ THAN P can invoke supplemental jurisdiction in any case that ______ from the same _________ OR OCCURRENCE as the original claim, whether it got into federal court by ________ OF CITIZENSHIP or ________ QUESTION JURISDICTION.

NOTE: Claims asserted by ___, however, can invoke supplemental jurisdiction ONLY in ________ QUESTION CASES.
FEDERAL QUESTION JURISDICTION--PENDENT (SUPPLEMENTAL) JURISDICTION

PENDANT CLAIMS--->
If P has BOTH federal and state claims, the FEDERAL COURT has DISCRETION to exercise pendent jurisdiction over the claim based on STATE LAW if the 2 claims:

(1) Derive from a COMMON NUCLEUS OF OPERATIVE FACT; and

(2) Are such that P would ORDINARILY be expected to try them all in one JUDICIAL PROCEEDING.

PENDENT PARTIES--->
Claims asserted by parties OTHER THAN P can invoke supplemental jurisdiction in any case that ARISES from the same TRANSACTION OR OCCURRENCE as the original claim, whether it got into federal court by DIVERSITY OF CITIZENSHIP or FEDERAL QUESTION JURISDICTION.

NOTE: Claims asserted by P, however, can invoke supplemental jurisdiction ONLY in FEDERAL QUESTION CASES.
CROSS-CLAIMS

__________ may assert claims against each other that arise out of the same _________ or _________ as the main action by filing cross-claims.

Since a cross-claim is ________ TO the existing action, it is commonly considered to come w/i the court's ___________ JURISDICTION.
CROSS-CLAIMS

CO-PARTIES may assert claims against each other that arise out of the same TRANSACTION or OCCURRENCE as the main action by filing cross-claims.

Since a cross-claim is RELATED TO the existing action, it is commonly considered to come w/i the court's SUPPLEMENTAL JURISDICTION.
INTERPLEADER

An interpleader suit is instituted by a person in the position of __________ to require the ________ CLAIMANTS to determine which has a _______ CLAIM to the stake.

o It applies if ________ actions might result in ________ LIABILITY against the stakeholder.
INTERPLEADER

An interpleader suit is instituted by a person in the position of STAKEHOLDER to require the ADVERSE CLAIMANTS to determine which has a VALID CLAIM to the stake.

o It applies if SEPARATE actions might result in DOUBLE LIABILITY against the stakeholder.
INTERPLEADER--GROUNDS

There are 2 interpleader procedures in the federal courts:

(1) Rule ___ interpleader; and

(2) Section ______ interpleader.
INTERPLEADER--GROUNDS

There are 2 interpleader procedures in the federal courts:

(1) Rule 22 interpleader; and

(2) Section 1335 interpleader.
RULE 22 INTERPLEADER--GROUNDS

This requires:

(1) COMPLETE _________ between the stakeholder and all adverse claimants and MORE THAN ________ IN ISSUE; or a

(2) FEDERAL ________ CLAIM.
RULE 22 INTERPLEADER--GROUNDS

This requires:

(1) COMPLETE DIVERSITY between the stakeholder and all adverse claimants and MORE THAN $75,000 IN ISSUE; or a

(2) FEDERAL QUESTION CLAIM.
SECTION 1335 INTERPLEADER--GROUNDS

This requires:

(1) Only _________ DIVERSITY between the claimants (ie. one claimant must be diverse from one other); and

(2) $_____ in issue.

NOTE: Service may be ________ and venue is proper where any claimant _______.
SECTION 1335 INTERPLEADER--GROUNDS

This requires:

(1) Only MINIMAL DIVERSITY between the claimants (ie. one claimant must be diverse from one other); and

(2) $500 in issue.

NOTE: Service may be NATIONWIDE and venue is proper where any claimant RESIDES.
RES JUDICATA (CLAIM PRECLUSION)

Once a judgment on the _______ has been rendered on a particular cause of action, the _________ is _________ from asserting the ______ cause of action in a later lawsuit.

The requirements for this doctrine to apply are that:

(1) The __________ must be on the _______; and

(2) The cause of action must be the _______ (ie. identical).
RES JUDICATA (CLAIM PRECLUSION)

Once a judgment on the MERITS has been rendered on a particular cause of action, the CLAIMANT is BARRED from asserting the SAME cause of action in a later lawsuit.

The requirements for this doctrine to apply are that:

(1) The JUDGMENT must be on the MERITS; and

(2) The cause of action must be the SAME (ie. identical).
COLLATERAL ESTOPPEL (ISSUE PRECLUSION)

A judgment for the P or D is ________ in a subsequent action on a ________ cause of action between them or their ________.

The requirements for collateral estoppel to apply are that the issue must have been:

(1) __________ LITIGATED; and

(2) _________ to the judgment.
COLLATERAL ESTOPPEL (ISSUE PRECLUSION)

A judgment for the P or D is CONCLUSIVE in a subsequent action on a DIFFERENT cause of action between them or their PRIVIES.

The requirements for collateral estoppel to apply are that the issue must have been:

(1) ACTUALLY LITIGATED; and

(2) ESSENTIAL to the judgment.
RIGHT TO APPEAL

The right to appeal in federal court is _________ (appeal in state courts is ____________).
RIGHT TO APPEAL

The right to appeal in federal court is AUTOMATIC (appeal in state courts is DISCRETIONARY).
LIMITS OF PERSONAL JURISDICTION--STATUTORY

States generally require that D:

(1) Is ________ in the _______ STATE at the time of service;

(2) Is __________ in the forum state;

(3) Has given EXPRESS OR IMPLIED _________ to jurisdiction; or

(4) Meets the requirements of the forum state's ________ or other statute.
LIMITS OF PERSONAL JURISDICTION--STATUTORY

States generally require that D:

(1) Is PRESENT in the FORUM STATE at the time of service;

(2) Is DOMICILED in the forum state;

(3) Has given EXPRESS OR IMPLIED CONSENT to jurisdiction; or

(4) Meets the requirements of the forum state's LONG-ARM or other statute.
LIMITS ON IN PERSONAM JURISDICTION--CONSTITUTIONAL

These limits are based on:

(1) ___________

(2) ___________

(3) ___________
LIMITS ON IN PERSONAM JURISDICTION--CONSTITUTIONAL

These limits are based on:

(1) CONTACTS

(2) FAIRNESS

(3) NOTICE
LIMITS ON IN PERSONAM JURISDICTION--CONSTITUTIONAL

There must be SUFFICIENT _________ CONTACTS so that the exercise of in personam jurisdiction over D is ______.

(1) CONTACTS

The contacts MUST show that D:
o PURPOSELY __________ herself of the forum state's laws; and
o KNEW OR SHOULD HAVE REASONABLY ___________ that her activities in the forum made it _________ that she may be "haled into court" there.

(2) FAIRNESS

o If the claim is RELATED TO D'S ________ w/ the forum, a court is more likely to find that jurisdiction as to that claim ("________ JURISDICTION") is ______ and REASONABLE.
o If D engages in __________ AND CONTINUOUS _________ in the forum state, the court could find this activity a sufficient basis for exercising in personam jurisdiction over any cause of action ("_________ JURISDICTION").

(3) NOTICE

D MUST be _______ of the lawsuit by a REASONABLE _______ and given an __________ TO APPEAR AND BE ________.
LIMITS ON IN PERSONAM JURISDICTION--CONSTITUTIONAL

There must be SUFFICIENT MINIMUM CONTACTS so that the exercise of in personam jurisdiction over D is FAIR.

(1) CONTACTS

The contacts MUST show that D:
o PURPOSELY AVAILED herself of the forum state's laws; and
o KNEW OR SHOULD HAVE REASONABLY ANTICIPATED that her activities in the forum made it FORESEEABLE that she may be "haled into court" there.

(2) FAIRNESS

o If the claim is RELATED TO D'S CONTACT w/ the forum, a court is more likely to find that jurisdiction as to that claim ("SPECIFIC JURISDICTION") is FAIR and REASONABLE.
o If D engages in SYSTEMATIC AND CONTINUOUS ACTIVITY in the forum state, the court could find this activity a sufficient basis for exercising in personam jurisdiction over any cause of action ("GENERAL JURISDICTION").

(3) NOTICE

D MUST be NOTIFIED of the lawsuit by a REASONABLE METHOD and given an OPPORTUNITY TO APPEAR AND BE HEARD.
SPECIAL APPEARANCE: A D can object to the court's __________ OF ___________.


o Must be made in D's INITIAL _________ to the court.
SPECIAL APPEARANCE: A D can object to the court's EXERCISE OF JURISDICTION.


o Must be made in D's INITIAL PLEADING to the court.
A person can give advance consent BY ________ or BY ____________ OF AN AGENT TO ACCEPT _________ OF _________.
A person can give advance consent BY CONTRACT or BY APPOINTMENT OF AN AGENT TO ACCEPT SERVICE OF PROCESS.
STATUTORY LIMITS ON IN PERSONAM JURISDICTION

Most states have statutes granting their courts in personam jurisdiction based on the following 5 situations:

(1) D IS _______ W/I THE _______ STATE and is PERSONALLY _________ W/ PROCESS;

(2) D is ___________ IN FORUM STATE;

(3) D is a _________;

(4) D CONSENTS TO __________; and

(5) D has COMMITTED ______ BRINGING HIM W/I FORUM STATE'S _________ STATUTES.
STATUTORY LIMITS ON IN PERSONAM JURISDICTION

Most states have statutes granting their courts in personam jurisdiction based on the following 5 situations:

(1) D IS PRESENT W/I THE FORUM STATE and is PERSONALLY SERVED W/ PROCESS;

(2) D is DOMICILED IN FORUM STATE;

(3) D is a CITIZEN;

(4) D CONSENTS TO JURISDICTION; and

(5) D has COMMITTED ACTS BRINGING HIM W/I FORUM STATE'S LONG-ARM STATUTES.
IN PERSONAM JURISDICTION exists when the forum has power over the ________ OF A PARTICULAR D.
IN PERSONAM JURISDICTION exists when the forum has power over the PERSON OF A PARTICULAR D.
IN REM JURISDICTION: Exists when the court has power to adjudicate the rights of ____ persons in the world w/ respect to a particular item of property.
IN REM JURISDICTION: Exists when the court has power to adjudicate the rights of ALL persons in the world w/ respect to a particular item of property.
QUASI IN REM JURISDICTION exists when the court has power to determine the rights of __________ INDIVIDUALS w/ respect to _________ PROPERTY w/i the court's control.
QUASI IN REM JURISDICTION exists when the court has power to determine the rights of PARTICULAR INDIVIDUALS w/ respect to SPECIFIC PROPERTY w/i the court's control.
ERIE DOCTRINE

Under this, a ________ COURT in a ________ CASE will apply its own __________ law, but must apply the ___________ law and conflict of laws rules OF THE STATE IN WHICH IT IS ___________.

When it is unclear whether a state law rule is substantive or procedural, courts use the "_________ ___________" TEST--a state law rule that __________ determines the "_________" of the litigation must be applied.
ERIE DOCTRINE

Under this, a FEDERAL COURT in a DIVERSITY CASE will apply its own PROCEDURAL law, but must apply the SUBSTANTIVE law and conflict of laws rules OF THE STATE IN WHICH IT IS SITTING.

When it is unclear whether a state law rule is substantive or procedural, courts use the "OUTCOME DETERMINATIVE" TEST--a state law rule that SUBSTANTIALLY determines the "OUTCOME" of the litigation must be applied.
EXCEPTIONS TO DIVERSITY OF CITIZENSHIP JURISDICTION

Federal courts will NOT exercise diversity jurisdiction over _________ RELATIONS or _________ PROCEEDINGS b/c they are neither "actions at ____" nor "suits in _______".
EXCEPTIONS TO DIVERSITY OF CITIZENSHIP JURISDICTION

Federal courts will NOT exercise diversity jurisdiction over DOMESTIC RELATIONS or PROBATE PROCEEDINGS b/c they are neither "actions at LAW" nor "suits in EQUITY".
RESIDENCE--INDIVIDUALS

Determined by the person's ______.
RESIDENCE--INDIVIDUALS

Determined by the person's DOMICILE.
RESIDENCE--CORPORATIONS

Deemed to reside IN ANY JURISDICTION IN WHICH IT IS ________ TO __________ JURISDICTION.
RESIDENCE--CORPORATIONS

Deemed to reside IN ANY JURISDICTION IN WHICH IT IS SUBJECT TO PERSONAL JURISDICTION.
RESIDENCE--UNINCORPORATED ASSOCIATIONS

Deemed to reside WHERE IT DOES ________.
RESIDENCE--UNINCORPORATED ASSOCIATIONS

Deemed to reside WHERE IT DOES BUSINESS.
If IRREPARABLE _______ will occur before the hearing on the PRELIMINARY _________ can be held, a party may seek a ________ _________ ORDER to PRESERVE THE _______ ____ until the hearing.
If IRREPARABLE INJURY will occur before the hearing on the PRELIMINARY INJUNCTION can be held, a party may seek a TEMPORARY RESTRAINING ORDER to PRESERVE THE STATUS QUO until the hearing.
A COMPLAINT must state:

(1) Grounds of ________ jurisdiction;

(2) Short _________ of the claim showing that the party is ________ to relief; and

(3) A _______ for judgment for relief, which may be in the ________.
A COMPLAINT must state:

(1) Grounds of FEDERAL jurisdiction;

(2) Short STATEMENT of the claim showing that the party is ENTITLED to relief; and

(3) A DEMAND for judgment for relief, which may be in the ALTERNATIVE.
ANSWER

If no Rule 12 motion is made, a D who was formally served must present an answer w/i ____ DAYS after service; a D to whom a complaint was mailed and who waives formal service must answer w/i ____ DAYS after the request for waiver was mailed to her.

If a Rule 12 motion is made and the court does not fix another time, the responsive pleading must be served w/i ___ DAYS after the court's denial or postponement of the motion. The answer is due w/i ___ DAYS after service of a more definite statement if the court grants a Rule 12(e) motion.
ANSWER

If no Rule 12 motion is made, a D who was formally served must present an answer w/i 20 DAYS after service; a D to whom a complaint was mailed and who waives formal service must answer w/i 60 DAYS after the request for waiver was mailed to her.

If a Rule 12 motion is made and the court does not fix another time, the responsive pleading must be served w/i 10 DAYS after the court's denial or postponement of the motion. The answer is due w/i 10 DAYS after service of a more definite statement if the court grants a Rule 12(e) motion.
RIGHT TO JURY TRIAL

Must file a _______ DEMAND w/ the court and serve it on the parties.

Must make a demand w/i ____ DAYS after the filing of the pleading in which the jury-triable issue arose.

If you don't, it constitutes a ________ of any right to trial by jury.
RIGHT TO JURY TRIAL

Must file a WRITTEN DEMAND w/ the court and serve it on the parties.

Must make a demand w/i 10 DAYS after the filing of the pleading in which the jury-triable issue arose.

If you don't, it constitutes a WAIVER of any right to trial by jury.
Objections to giving / failing to give jury instructions must be made when?
Objections to giving / failing to give jury instructions must be made BEFORE THE JURY RETIRES TO CONSIDER THE VERDICT!