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41 Cards in this Set
- Front
- Back
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Bases of Subject Matter Jurisdiction in Federal Courts
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1. Claim arising under Federal Law
2. Diversity Jurisdiction |
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Claim Arising Under Federal Law
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If the claim is either:
1. Created by a federal law, or 2. The claim merely depends on a substantial federal question (Constitutional) Federal question must appear on the face of a well-pleaded complaint as a part of the P's claim and not merely through a defense |
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Diversity Jurisdiction
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Federal courts have jurisdiction over claims in which there is complete diversity between the parties and the amount in controversy is in excess of $75,000
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Complete Diversity of Citizenship
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No single P may be a citizen of the same state as any single D
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Citizenship of Individuals
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Individuals are citizens of the state in which their domicile is located.
Domicile = true home and where person intends to return or remain a the time the lawsuit is filed |
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Citizenship of Corporations
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Corporations are citizens of the state is which they are incorporated and where its principal place of business is located
PPOB = nerve center or headquarters |
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Citizenship of Unincorporated Associations
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The citizenship of every owner counts for diversity purposes
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Citizenship of Aliens
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Not permanent resident = may sue a non-alien under diversity jurisdiction but cant sue another pure alien based on diversity
Permanent resident = citizen of state in which they are a permanent residence |
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Amount in Controversy
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Must EXCEED $75,000 (at least $75,000.01)
The plaintiff's viewpoint governs the amount in controversy. The value of relief sought to P must fully exceed $75,000. Two or more Ps cannot aggregate their claims to meet the jurisdictional amount The amount alleged in good faith governs |
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Supplemental Jurisdiction
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If there is a primary jurisdictional basis for one claim but not for the other claim, a federal court can nonetheless use discretion to assert supplemental jurisdiction over both claims if they derive from a common nucleus of operative fact
Exception: if only basis of jx is diversity, Ps cant use supplemental jx to assert claims over non-diverse Ds. However, Ds can bring additional claims against non-diverse parties in this situation |
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Removal
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Ds may remove an action from state court to the federal court that geographically embraces the state court by filing a motion within 30 days of service of the complaint
Exception: if the only basis of jx is diversity, there can be no removal if any single D is a citizen of the state where the action was filed |
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Remand
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If Ds motion for removal is granted, P can file a motion to remand the action cask to state court within 30 days of the filing of the notice of removal, and, in any event, the federal court must remand the action back to state court is there's no jurisdiction over the removed claims
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Erie Doctrine
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Triggered when:
1. Federal court resolves a non-federal claim 2. The claim does not arise under federal law 3. There is a conflict between a provision of state law and federal law State law governs where the difference between the laws would materially alter the outcome of the case. Therefore, state law governs unless the conflict involves a federal statute, federal rule of civil procedure, federal rule of evidence or the issue of trial by jury |
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Personal Jurisdiction in Federal Court
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Court merely borrows the same personal jx law of the state where it sits
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Service of Process in Federal Court
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A WASP
1. Abode Service; authorized process server (18 yr old non-party) leaves process at d's last and usual abode with somebody residing therein of suitable age and discretion 2. Waiver; P mails complaint to D with a request for waiver. If D waives, he gets 60 days to respond instead of 21 3. Agent Service; in hand delivery of request for waiver sent to an authorized or a managing agent 4. State Methods; federal court can borrow any available process method in the state where it sits 5. Personal Service; delivery in the vicinity (wingspan) of a reluctant D or in hand delivery Service must be reasonably calculated to apprise the parties of litigation to be constitutional |
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Venue
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Venue is proper in a district where either:
1. Any D resides if all Ds reside in that same state. Individuals reside where they're domiciled. Entities reside anywhere they're doing substantial business 2. Any substantial part of the claim arose |
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Complaints
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Must contain sufficient facts to place the adversary on notice of plausible claims for which the law provides relief.
Fraud claims require more particularity |
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First Responsive Pleading
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Must be filed within 21 days of service or 60 days if service was waived
The following are waived if not consolidated together in the first responsive pleading: 1. Motion to dismiss for lack of personal jx 2. Motion to dismiss for lack of proper service of process 3. Any motion challenging venue |
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Amendments
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An amendment is allowed once as of right within 21 days of service. Otherwise amendments shall be granted freely when justice so requires and the merits are served thereby
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Relation Back of Amendments
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New Claims: relates back to a timely-filed complaint if the claims derive from the same transaction or occurrence
New Parties: relates back to a timely-filed complaint if the claims against new party derive from the same transaction or occurrence, AND the new party acquired knowledge of a mistake in name within 120 days of the filing of the complaint |
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Joinder
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Claims: P may join as many claims as it has against a D regardless of whether there's any connection btw the claims
Parties: may be joined if the claims involving those parties derive from the same transaction or occurrence or the same series of transactions or occurrences |
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Counterclaims
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Permissive: claim doesn't arise from the same transaction or occurrence as Ps claim
Compulsory: claims that derive from the same transaction of occurrence as Ps claim must be filed or they are waived and can't be filed in a later action |
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Impleader
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Ds may implead a new claim against a new 3rd party if the 3rd party may be liable to D for all or part of Ds liability to P
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Interpleader
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A holder of a common fund may file an action as a P and interplead all rival claimants to the common fund
Traditional Interpleader Diversity: complete diversity and controversy exceeds $75,000 Statutory Interpleader Diversity: minimal diversity (any two rival claimants diverse) and controversy is $500 or more |
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Intervention
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Non-party moving to intervene in an ongoing lawsuit
As of Right: non-party has an interest that will be adversely affected and not protected by the parties Permissive: there is a commonality of issues in the ongoing lawsuit and those affecting the intervenor |
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Indispensable Parties
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A non-party who can't be joined as a party but whose absence is so prejudicial to the party's right to a full and fair adjudication that the court in equity and good conscience must dismiss the lawsuit for failure to join
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Class Action Fairness Act
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Federal courts also have jx over class actions in which there are 100 or more Ps who together seek more than $5 million, if any single P is from a different state than any single D
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Certification Requirements for Class Actions
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CANT
1. Commonality of fact or law issues that pertain to the class 2. Adequate and fair representation of the class by class counsel and the named plaintiff 3. Numerousity of the class such that joinder is impracticable (40 or more) 4. Typicality of named P's claims to those of the class |
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Additional Certification Requirements for Class Actions seeking Money
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CANT +
5. Predominance of common issue over individual issues 6. Superiority of class action as a method of adjudicating multiple claims In class actions seeking money, the Court must also order notice to the class and give the class the chance to opt out |
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Proper Discovery
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If:
1. The method is proper, AND 2. The material sought is within the scope of discovery |
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Proper Discovery Methods
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1. Automatic Prompt Disclosure: Before engaging in any other discovery method, each side must disclose all potential supporting witnesses, relevant supporting docs, damages computation and relevant insurance coverage
2. Deposition: can be used on a non-party and is limited to 7 hrs and no more than 10 per side 3. Request for a Physical or Mental Examination: requires a court order which may be granted for good cause shown 4. Duty to Supplement: each side has an ongoing, automatic duty to supplement prior disclosures within a reasonable time of discovering any new info |
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Scope of Discovery
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Material is within the scope if relevant and not privileged; it need not be admissible at trial
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Work Product
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Any material that has been prepared for litigation and not in ordinary course of business
Mental impressions are never discoverable All other work product is generally not discoverable unless there is a showing of a substantial need for the material such that the party would suffer an undue hardship if he couldn't get it |
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Motion for Summary Judgment
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Can be made up to 30 days after the close of discovery. It will be granted if there is not genuine issue of material fact for trial such that judgment is proper as a matter of law. Burden is on the non-moving party to show that there is a genuine issue of material fact
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Judgment as a Matter of Law
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Directed Verdict
After the adversary has rested its case, this motion can be made and will be granted if there's a legally insufficient evidentiary basis from which any reasonable jury could find for the non-movant |
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Renewed Motion for Judgment as a Matter of Law
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Judgment not withstanding the Verdict
This motion may be made within 28 days of the judgment if the party made a JML motion before the jury went out. It will be granted if there was a legally insufficient evidentiary basis from which any reasonable jury could have found for the non-movant |
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Motion for a New Trial
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Must be filed within 28 days of the judgment. It will be granted, in discretion, if errors affecting a party's substantial trial rights or if the verdict is against the manifest weight of the evidence
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Right to a Jury Trial
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There is a constitutional right if the claim seeks primarily monetary damages
Party must file a written demand for a jury trial within 14 days of the service of the last pleading which contains, or responds to, the jury-triable claim |
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Res Judicata
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If a claim was fully and fairly litigated to a final judgment on the merits, it cannot be re-litigated by the parties
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Collateral Estoppel
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An issue that was fully and fairly litigated to a final judgment on the merits cannot be re-litigated by the parties
Collateral estoppel can be used offensively if the party in the second action fully and fairly litigated the issue |
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Rule of Appellate Jurisdiction
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Only final orders can be appealed (where nothing is left to be done in the lower court)
Exceptions: 1. Partial Final Orders which resolve some but not all claims may be appealed if the trial court finds that there's no just reason to deny the appeal 2. Discretionary Appeal of Interlocutory Order, if both the trial and appellate court certify: doubt that the order was correctly resolved, on a controlling issue of law, on which appellate review would materially advance the litigation |
